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LawyerDan90
LawyerDan90, Solicitor
Category: Law
Satisfied Customers: 211
Experience:  Expert
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Can I have advice on selling mistakenly selling replica

Customer Question

Hi can I have advice on selling mistakenly selling replica goods? If I noticed my error and cancelled the orders and refunded the customer
JA: Where are you? It matters because laws vary by location.
Customer: UK
JA: What steps have you taken so far?
Customer: refunded customers and unlisted the product and have closed my site
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: no that’s all
Submitted: 8 days ago.
Category: Law
Customer: replied 8 days ago.
for background I started a page for Newcastle United Shirts, On this page I had various second hand shirts and came across a website called footy classics who were selling retro shirts. I listed their shirts on my site in the aim of dropshipping them to my customers, this is when another rival page got in contact and said they would be reporting me for selling replicas to trading standards. I only had 3 orders at the time and am someone who would never want to break any laws so immediately cancelled all orders and refunded the customers. I have since closed the site due to the stress not being worth it.
Customer: replied 8 days ago.
I have made no money from this in fact losing £40 from not being able to get a refund from the site for one of the orders
Customer: replied 8 days ago.
I was naive and not aware I was doing anything wrong, as soon as I realised taking the actions above
Expert:  LawyerDan90 replied 8 days ago.
Good Evening, my name is ***** ***** I am a Solicitor. Thank you for your question.
Customer: replied 8 days ago.
Hi Daniel :)
Expert:  LawyerDan90 replied 8 days ago.

I believe you have done the right thing by cancelling the orders and refunding the customers. Especially if you have concerns regarding the way the goods have been advertised. In regards ***** ***** standards, I believe they would struggle to take action as you have taken reasonable steps to rectify your error and a genuine mistake.

Customer: replied 8 days ago.
Yeah no customer has received an order and all have been refunded, I’m a civil servant so breaking the law would result in me losing my career so has caused me a few sleepless nights
Customer: replied 8 days ago.
Do you think anything will come of it?
Expert:  LawyerDan90 replied 8 days ago.

I think it is unlikely given that you have taken swift action to rectify the mistake. As the customers have received refunds and small amounts of orders I cannot see action being taken.  It would be advisable to document the steps you have taken for your own records.

Customer: replied 7 days ago.
That’s great, it was scary to think I could be punished for making a silly mistake. Do you think they will be in contact? I will document every refund and action taken. I have also closed down my page now as this has put me off selling goods online. Appreciate you taking the time to advise me as I’m a stress head…Might get some sleep tonight :)
Expert:  LawyerDan90 replied 7 days ago.

Trading Standards could be in touch if a complaint has been filed just to do an investigation so make sure you retain copies of all documents to show that this was a genuine mistake which has been correctly promptly and that the website has been closed. Kind regards, Daniel

Customer: replied 7 days ago.
to finish do you think I have much too worry about? Suppose I have done everything I can do to rectify if anything was to come out of it
Expert:  LawyerDan90 replied 6 days ago.

I believe you have taken reasonable steps to correct the mistake and Trading Standards would take this into account. The risk appears to be low. It may have been an empty threat made by your competitor. Kind regards