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counterfeit perfumes
I read a comment saying that in the case of buying a perfume posted as original and then actually fake, the buyer would be responsible because of the low price and the nature of the seller. As a lawyer - but no special knowledge is needed - anyone who sells something, like any contracting party, is subject to the obligation to comply with article 1377 of the civil code, according to which The parties, in the conduct of the negotiations and in the formation of the contract(1), must behave according to good faith".
This principle translates into an obligation to inform, since you cannot post a perfume with the photo of brand X and then sell a different one. It is obvious that in this way the buyer is deliberately misled. The low price may be due to a thousand reasons, but in any case it is not up to the buyer to deal with it. I believe that the way EBAY works cannot disregard this consideration, because it turns a splendid tool for exchanges into a den of thieves. In my view, it should step in.
sika700
Mentore2 years agoIn every listing, it says: "The seller assumes full responsibility for putting the item up for sale", which I think is obvious to everyone, eBay cannot monitor every listing that is added to the marketplace.
There is the VeRO program and reports, so based on those, eBay intervenes.
I don't agree with the price issue: if the same advertised perfume is being sold at less than a third of its market value, that has to mean something, I don't think at all of "a thousand reasons" but of just one: counterfeit, and for that reason, if I buy it, I would also be guilty of negligent purchase, which should be article 712 of the penal code... or am I wrong?
Kind regards.
cizeta1964
Mentore2 years agoHi sika700, you’re absolutely not wrong, in perfumery the markups are tiny, net they barely exceed 30%.
Anyone selling below the wholesale price or with a minimal markup is not selling original perfumes or ones from a legitimate source: they’re either counterfeit, or stolen (but not to be sold online, because that’s dangerous), or they’re testers, which cannot be sold.
marioelegio
Mentore2 years agoYou’re right, 712 and not 172. I swapped the digits.
marioelegio
Mentore2 years agoAs a lawyer or aspiring one, you should be able to consult a penal code.
Anyway, even those without any particular knowledge know that:
Art 172: Purchasing goods without due caution Anyone who, without first verifying their lawful origin, purchases or receives for any reason things which, because of their quality or the condition of the person offering them or the amount of the price, there is reason to suspect come from a crime commits this offense (including counterfeiting, that of article 474 of the penal code, ed.).
hi
mario
cizeta1964
Mentore2 years agoThe low price can be determined by a thousand reasons
Not really, there is an official price list that anyone can consult, from any cosmetics brand, markups are less than 50%, so not a thousand reasons, only if they are counterfeit or testers