Bought Fake Goods Online? How to Demand a Refund

You bought “genuine” noise-cancelling headphones for $380 from an Australian-looking website. They arrived in a box with a spelling mistake on it. The serial number doesn’t register with the manufacturer. The app won’t pair. You emailed the seller. They said “all sales are final” and “we don’t accept returns on opened electronics”.

They sold you a fake. That is not a return policy question. That is a legal problem for them.

Selling counterfeits breaks multiple laws

• Section 18 of the ACL – misleading or deceptive conduct. Calling a fake “genuine” is the definition.
• Section 29 – false representations that goods are of a particular standard, quality or brand.
• Section 56 – goods must match their description. “Genuine Brand X” describes something you did not receive.
• Sections 259 and 263 – this is a major failure. You choose a refund. You do not have to accept a replacement (which would just be another fake).

On top of that, selling counterfeits is trade mark infringement and, in serious cases, a criminal offence. Mentioning that in a letter gets attention.

“Do I have to send the fake back?”

Rejected goods must go back to the seller, but if returning them would cost significantly, the seller must collect them at its own cost (s 263). Keep them until the refund is agreed.

Prove it’s fake

• Check the serial number on the manufacturer’s official site. Screenshot the “not found” result.
• Email the manufacturer’s Australian support with photos. They will often confirm in writing that it’s counterfeit.
• Photograph packaging errors, missing holograms, the wrong charger, anything that shows it’s not the real thing.

Three pressure points

1. Chargeback. Contact your bank or PayPal today. “Counterfeit goods” is a recognised chargeback reason.

2. Letter of Demand. Send it to the seller’s registered business address (find it via ABN Lookup; if there’s no ABN, that is a red flag worth mentioning to the ACCC). The letter cites ss 18, 29, 56, 259 and 263 and gives 14 days.

3. Report it. The ACCC, the manufacturer, and the marketplace (if it was eBay, Amazon, Facebook Marketplace) all want to know. Marketplaces will often refund you directly under their own guarantees once counterfeit is confirmed.

Why the letter works even on dodgy sellers

Sellers of fakes rely on customers giving up. A formal letter, a bank chargeback, and a report to the brand owner at the same time is more heat than a $380 sale is worth. They refund to make you go away.

You paid for the real thing. Get your real money back.

Claim Done drafts your Letter of Demand for $49. Done in about 5 minutes. You approve it before it is sent.