have $2000 worth of roxy, billabong, quiksilver detained in sydney customs. What shall i do. They are investigating whether the items are counterfiet. I'm assured by supplier they are authentic. The items were shipped through EMS from china.

HELP?

Quoting from [Solitudesurf]:

have $2000 worth of roxy, billabong, quiksilver detained in sydney customs. What shall i do. They are investigating whether the items are counterfiet. I'm assured by supplier they are authentic. The items were shipped through EMS from china.

HELP?

Yup you stepped in it alright.  Unless this stock came by way of the their Chinese manufacturer because the distributor did not have stock your screwed.  To my understanding of the brands you mentioned they have total import control in Australia and unless you can provide a reseller agreement from the brands you could be fined heavily and the stock destroyed.   You always need to verify that anyone selling goods is actually authorized to distribute by the brand.  China clothing items are always copies unless they come from the contract manufacture via the brand owner.

Ranger

HI THERE,

How can you prove the things are authentic?In Australia importing trademark item is very strict. They will inform Billabong and etc first before they send you an legal letter to forfiet your products. Then they will dig info of your supplier and etc.

Your next import products will be inspect thoroughly. If you repeat the same mistakes most likely they will fine you and demand you to make an apology to the company in public like newspaper and etc.

For first timer, you might not know the rules and regulations and they will be ok with it. Remember there will be no second chance of making mistake.

Good luck. Hope your imported products are really authentic or original.

Waiting for your safe good news here.

take care and stay healthy as well.

regards

Tom Law

You seem to be a genuine enough person who got caught out. Your goods are gone and so is your money I am afraid.

You can only buy foreign brand name products from the source in China if you have the authorization of the brand name company. This costs a lot of money but gives you access to the source.

If you do not have authorization from the brand name company then you have no rights to be buying and importing their product which is why customs have seized your goods. The only way to release the shipment is to provide documentary evidence from the brand name company that these items are authentic and/or that you have the legal right to be importing them.

Quite clearly you do not have the brand name company's authority as if you did they would have pointed you to the source and you certainly wouldnt be looking for a supplier here at alibaba.

So your product will be destroyed by customs and you will not get your money back. You will get a warning from customs and they will check carefully any more shipments that you receive - at least for a period of time. If you get caught again then you will be fined. Get caught again and you could face prison time. This will be outlined in the notification that you receive when you default on the goods by failing to produce legal rights to them.

So in the future do not try to buy brand name products. Stick with non-name products.

Quoting from [Egernia]:

You seem to be a genuine enough person who got caught out. Your goods are gone and so is your money I am afraid.

You can only buy foreign brand name products from the source in China if you have the authorization of the brand name company. This costs a lot of money but gives you access to the source.

If you do not have authorization from the brand name company then you have no rights to be buying and importing their product which is why customs have seized your goods. The only way to release the shipment is to provide documentary evidence from the brand name company that these items are authentic and/or that you have the legal right to be importing them.

Quite clearly you do not have the brand name company's authority as if you did they would have pointed you to the source and you certainly wouldnt be looking for a supplier here at alibaba.

So your product will be destroyed by customs and you will not get your money back. You will get a warning from customs and they will check carefully any more shipments that you receive - at least for a period of time. If you get caught again then you will be fined. Get caught again and you could face prison time. This will be outlined in the notification that you receive when you default on the goods by failing to produce legal rights to them.

So in the future do not try to buy brand name products. Stick with non-name products.

 

Thank you for your reply. I was told by the supplier that the items are genuine overstock their wholesale factory buy direct from the licensed manufacturer. I'm just a bit confused as to why i am not able to buy these items, If they are authentic and import them if they are intended only to be kept by myself or given to family as gifts this christmas etc...its not like i have purchased a container full of this stuff...it is 2 boxes.

Thank you again for your informative response

Quoting from [Solitudesurf]:

Thank you for your reply. I was told by the supplier that the items are genuine overstock their wholesale factory buy direct from the licensed manufacturer. I'm just a bit confused as to why i am not able to buy these items, If they are authentic and import them if they are intended only to be kept by myself or given to family as gifts this christmas etc...its not like i have purchased a container full of this stuff...it is 2 boxes.

Thank you again for your informative response

I dont believe that this wholesale company bought from a licensed manufacturer.  If a name brand is licensing their trade mark they would license to more than one company around the world.  More like the brand has a contract manufacturer that has no rights to sell or distribute the brand except at the direction of the brand.  Most likely copies as well. 

Irregardless of that, what buyers and importers don't understand.  If a licensed manufacturer sells to a wholesale company.  Those resell rights do not pass on to the wholesalers buyer except under license from the brand.  Which would still make the importation of those goods illegal in Australia.  Its the same as black market trade.  Because the import is in direct sales conflict with the brand, their licensed Australian distributors and reseller/retailers. 

Another thing is these companies may have filed a Notice of Objection with Australian Customs.  The following is not an all inclusive list of what can't be imported into Australia but gives you a good idea that most brand name items can't legally be imported into Australia.  http://www.customs.gov.au/site/page.cfm?u=4683  If the trade mark is on this list or on the most current list at the Australian Customs office of Intellectual Property Rights Group in Canberra the shipment is going to be seized no matter if its commercial or personal.

My understanding is that first offenses carry a $220.00 fine.  2nd offenses are a $56,000.00 fine and the third is imprisonment.  The point is if your importing anything you need to find out if it is in fact legal to import the goods.

I know this isn't your product but if anyone tries to import anything where the packing list says Apple, Ipod, or Ipod nano the things are going to be confiscated by Australian Customs.  This is true in all countries where the brand has licensed distributors, resellers/retailers.  The sooner everyone embraces that they will stop being scammed by these black marketeers.

Ranger

Quoting from [Solitudesurf]:

Thank you for your reply. I was told by the supplier that the items are genuine overstock their wholesale factory buy direct from the licensed manufacturer. I'm just a bit confused as to why i am not able to buy these items, If they are authentic and import them if they are intended only to be kept by myself or given to family as gifts this christmas etc...its not like i have purchased a container full of this stuff...it is 2 boxes.

As you now know you can't rely on sellers to tell you the truth - you need to know what the facts are and then verify these.

Why would the brand name company allow people to buy their product if they were not getting any benefit from this sale? That just does not make sense.

What the supplier told you as being their supply is impossible. The factories that make these brand name items on behalf of the brand name companies do so under contract. They would lose the contract if they were caught selling outside of the terms of their agreement. So why would the factory risk a multi-million dollar contract just so they could sell a couple of boxes to an outsider for rock bottom prices?

See how that does not even make sense.

It makes more sense that a scammer would make fake products and pass those off as being the real deal as any profit made there is clear profit.

As a buyer you should have checked out the product and the seller before you sent them money.

You mentioned that you imported as gifts for family and friends but I notice that your signature line contains a reference to surf wear sales. My guess is that customs probably had suspicions that your import was business related too.

Even if you did import for personal use what you tried to import was illegal product.

You are ripping off the real brand name company that invests in making and marketing that product. You also risk putting poor quality fakes that could be confused for the real deal into the market there. So although your intentions may not be bad unfortunately your actions are and that is why you lost your money and your goods.