And that you have to accept the consequences (although it *could* be a present sent by someone just dumb).
it's good (in my opinion) but here it's quite different story... the problem relies in the fact that you can not even refuse a packaging sent by someone ...
Yes -I know
I don't know what I think about it - I agree its hard as the OP didn't receive the bag and says they didn't know it was coming... but how to prove the didn't know that - and keep thinking "replace bag with drugs and see what you think the outcome would be"... Also - most people put return addresses onto packages they are sending so not looking so good that it was sent without a return address....
OK going round in circles so off to get a coffee.....
do not pay the fine. Why you have to be accountable for what you're not responsible.
Tell LV it's their fault in the very first place - fail to stop counterfeit and make it available in the market. It's their job to stop copy to protect consumers. You become the victim as a result. How could they prove that the sender is aware that it's fake? I know it might sound crazy but I would turn around this case to make LV the defendant instead of prosecutor. I think you should stand firm on this as you did nothing wrong, not even an intention to ask for a copy.
So if I have an issue with a pesky neighbour and I happen to be somewhere with markets full of fake goods, can I send them a couple of items and let the law handle my passive aggressive retaliation? Or to my-ex-boss? Or to anyone on this forum who I may have bought something from and who gave me their address so that I could collect the item?
The law is the law, but who carries the burden of proof?
just a question - is the jurisdiction system in Switzerland same as china i.e. assume one's guilty and the defendant has to prove himself innocent? or it's assume one's not guilty and the prosecutor has to find evident to prove it's case.
if it's latter, i think you have strong ground to get away with it. if it's the former, tell yourself you're in bad luck !
Here some more (hopefully helpful) information in English:
www.stop-piracy.ch - includes a list of lawyers if you want to take it that far.
If you did not receive the parcel how did you know it had no return address on it, how did you know who sent it?? Had your cousin told you that she/he would send it? You denied ordering it, but why would you know what it was.
I feel there is more to this than we have been told. But I do agree that LV are trying it on and if you simply deny all knowledge and state the truth(?): you didn't order it and by coincidence your cousin also happens to be a permanent resident of HK, it's possible the case might be dropped.
Legal support, even "cheap legal support", is likely to be more than the fine - and their advice might be to pay it anyway...
Of course it is not impossible to receive a unwanted present. The point is, apart if you asked your cousin to send it or not, I think you can have trouble, because de parcel was adressed to you. But I don't think that paying CHF 900 directly to LV without legal advice will prevent you of have trouble with the Justice. I don't know the law here, but ask for money to avoid "to go further" in this specific case, sounds strange to me.
But I found this on the stop-piracy.ch website:
Apparently, from my limited research, you can buy and use counterfeit products in the UK, Germany and Denmark. If the info on this website is true.
And I still don't get it. I get packages from my sister for myself and the kids. I have no idea until I open it what is in it. How can someone refuse a package if they don't know what it is or that it is illegal? Just wondering...
I find it quite strange that some people on this forum decide that some fake goods are okay but others are not.
They seem to be willing to condone and support the counterfeit industry in some ways but condemn it in others.
The counterfeit bag industry is run by dangerous criminals who do not hold such morals and are equally likely to try and sell you a fake LV bag or a DVD copy as they're likely to sell you some counterfeit medicine.
Or an airline some counterfeit safety-critical parts for use in a plane on which you or your children may fly.
Or some counterfeit drugs that your teenage children may try (for the first time) at a party.
Or a toxic counterfeit toy that you baby chews.
I truly do not understand the moral hypocrisy or plain ignorance of some of the people on this forum.
customs are not issuing the fine, they told LV, and LV are offering the op the chance to pay up, or they will sue her.
Its a gamble, pay up and it over and done, or call LV's bluff
I didn't know. Thanks for the information.
Which posts say counterfeiting is ok?
Isn't it a bigger moral outrage, that companies can just arbitrarily threaten people with legal consequences when they have no case, hoping the potential costs will keep them quiet and pay up?
Hello?! Whats this? Guessing and FUD, that what it is. If you tell us it is illegal, please cite some laws. You can find everyting at http://www.admin.ch/ch/d/sr/ .
Correct, that is the question that has to be asked. Also if it is a civil law problem, as in a problem between LV and the OP. Or if it is a public law case, as in a problem between the OP and the state it self. The former may cost you a lot of money the later may cost money, jail time, and reputation.
Thank you.
For the gerneral public and the judge you are assumed to be innocent until a sentence has been made. For the prosecutor (in public law case) you are guilty, otherwise he would not press charges. In a civil law case, the same applies, but replace prosecutor with company/neigbour/client etc.
I am not defending the use of counterfeit and frauds, so don't get me wrong with the following.
But: you are surprise by plain ignorance... who has been shopping in H&M? who's buying branded clothes? Look the stickers, most of them are made from Bengladesh, india, etc...
Many many shops in clothes are coming from those countries.
Also, it says made in "italy" or whatever? it's just... a sticker! I know a few fakers around selling over 400euros for a suit that was made in India...
Other example is the diamond industry and the "certificate" proving it's not "blood diamond". My arse. It's a printed document with a hologram, so it's "safe". I had bought an expensive diamond jewel from a famous American website.
Carefully inspecting I noticed a "made in India" sticker! (by poor workers with crappy conditions). But I also had my "certificate"....
I'm just saying I understand your reaction in regard of "counterfeits" but there's also loads of "genuine" stuff that are coming from cheap labour countries... and we keep a nice blind eye to that!!
Let's start with the first one from the OP.
(who doesn't appear to deny that she got her cousin to order it for him/her)
And then there's one of yours:
And when the "designers" of H&M, zara, benetton, etc go to shopping trip in Paris, London, Barcelona to go in the stores, pick the clothes, go in the changing room to take pictures and croquis of the clothes, shouldn't it be also called counterfeits?
There are Chinese sweat-shops in Italy (with Chinese workers, of course) that produce "Made in Italy" stuff.
So, it's most likely genuine, but you shouldn't believe it wasn't produced in a sweat-shop just because of the label...
Yeah, a 20 dollar fake rolex, I'm sure that's on the same level as what you were implying. That totally justifies companies shaking down anyone they please.