nick1972 Posted August 15, 2015 Report Share Posted August 15, 2015 Hello Guys, Just want to warn you EU guys because I have a not so happy liltle story to tell.A few months ago I ordered 2x 7836 bracelets from Mary so I can mod these to wear on my genuine Tudors.But a week ago, I got a letter from a lawyer office xxxxxxxxxx that represents Rolex S.A. and tells me that the bracelets are not genuine and that I have to pay a fine (amicable settlement) 2 x 400 euro = 800 euro because I imported fake bracelets. Anyone else had the same experience as me? Should I tell them that I never ordered such a bracelet?Any other options I can consider?The rep game is getting very expensive if I have to pay fines like that Quote Link to comment Share on other sites More sharing options...
cavi Posted August 15, 2015 Report Share Posted August 15, 2015 I would either tell them you did not order them, or claim that they are not rolex bracelets,as long as there is no rolex logo on the clasp, you could say they were for some other watch. If there is rolex logo on them then walk away, claim you have no idea about these. Quote Link to comment Share on other sites More sharing options...
KB Posted August 15, 2015 Report Share Posted August 15, 2015 deny all responsibility, state you have no idea why they were shipped to you and just let them scrap the bracelets.I also have questions about the legality of the letter, not being able to read it I do not know if there is any customs or court order to back the fine.If it is just a letter from a lawyer demanding payment I can't see how they can legally make you pay. Ken Quote Link to comment Share on other sites More sharing options...
nick1972 Posted August 15, 2015 Author Report Share Posted August 15, 2015 (edited) At first I thought it was a good laugh,but then I checked some other EU situations and some people did pay the fine.So I just write them a letter back that I never ordered such a bracelet?http://www.eccbelgium.be/counterfeiting-and-piracy-s44691.htm Edited August 15, 2015 by nick1972 Quote Link to comment Share on other sites More sharing options...
cornerstone Posted August 15, 2015 Report Share Posted August 15, 2015 I would suggest taking the lawyers names out of the topic here, and also blur out your case file from the letter.Normally with these letters the suggestion is to ignore them. Quote Link to comment Share on other sites More sharing options...
nick1972 Posted August 15, 2015 Author Report Share Posted August 15, 2015 (edited) Can't edit my first post, thanks for the advice guys! Edited August 15, 2015 by nick1972 Quote Link to comment Share on other sites More sharing options...
Mike on a bike Posted August 15, 2015 Report Share Posted August 15, 2015 Nick took care of that for you. Quote Link to comment Share on other sites More sharing options...
nick1972 Posted August 15, 2015 Author Report Share Posted August 15, 2015 (edited) Thx Mike Edited August 15, 2015 by nick1972 Quote Link to comment Share on other sites More sharing options...
Nightwatch Posted August 15, 2015 Report Share Posted August 15, 2015 It´s a good warning, for the EU the only safe way is to order via triangle (watches, dials, bracelets, etc.) at extra-cost. If the TD does not offer triangle, You have to skip or find someone in the UK who will accept it and resend to You. It costs, it takes time, but it avoids any hassle, lawyer letters and flagging, and last but not least You also get the items ordered. Quote Link to comment Share on other sites More sharing options...
freddy333 Posted August 15, 2015 Report Share Posted August 15, 2015 I would suggest taking the lawyers names out of the topic here, and also blur out your case file from the letter.Normally with these letters the suggestion is to ignore them. Realize that we are not experienced in EU trademark law & the proper course would be to speak to a lawyer who does specialize in EU trademark law. So take all responses with a grain of salt. That said, I would ditto Cornerstone's comments.Generally, it is not worth their lawyers' time to pursue a single person over a relatively small value. They really want to go after dealers & others who import large quantities of counterfeit goods. For the 'small fish' like you, they assume you do not have a lawyer, so 1 or 2 scary letters are often enough to get people to pay. If you do not pay, they may try sending a 2nd or 3rd letter before moving onto the next target. & like Cornerstone said, best not to post documents &/or personal or identifiable information online. Quote Link to comment Share on other sites More sharing options...
nick1972 Posted August 15, 2015 Author Report Share Posted August 15, 2015 Ok, thanks for all the information! Quote Link to comment Share on other sites More sharing options...
gasebah Posted August 15, 2015 Report Share Posted August 15, 2015 It is is even more difficult as there is no such thing as EU law for customs violations. In Germany the ownership and import of counterfeit goods is exempt from punishment as long as it does not serve the purpose of making profit. In France you can end up with a fine of 10.000 € regardless.In the case described above it is not about punishment though but compensation for damages. Now I would say there is no damage done, unless you imported the goods to sell them which can hardly be assumed unless you buy a batch of 50 pcs. or so. The amicable settlement they suggest is to avoid a law suit. So if you don't pay they would have to sue, but on what grounds? I am not familiar with Belgium law but as it presents itself to me they got nothing on you. I agree that the easiest way out is simply denying that you order the bracelets in the first place. Quote Link to comment Share on other sites More sharing options...
tomhorn Posted August 15, 2015 Report Share Posted August 15, 2015 Plenty of threads about people receiving these letters on all the various boards. The advice is pretty much the same no matter what country you are in. Ignore the letter. Don't respond unless you are forced to, and only then answer that you never ordered the item and have no idea why it would have been sent to you.Also, send a copy the original letter to your dealer. Most of them have policies about how to deal with customs seizures. Quote Link to comment Share on other sites More sharing options...
chronoluvvv Posted August 18, 2015 Report Share Posted August 18, 2015 DO NOT accept themhave your AD mail these over to this lawyer insteadsend the asspacking lawyer a settlement offering 800 slaps across the face 1 Quote Link to comment Share on other sites More sharing options...
The Dude Posted August 30, 2015 Report Share Posted August 30, 2015 I just got divorced, don't even talk to me about lawyers...If I were you I'd heed the previous advice: ignore the letters and deny any knowledge of the items if it comes to that.Sent from my SAMSUNG-SM-G920F using Tapatalk Quote Link to comment Share on other sites More sharing options...
PeteM Posted August 31, 2015 Report Share Posted August 31, 2015 I would put money on it that Rolex SA dont know nothing about this and although the lawyers maybe representatives of RSA its unlikely unless they have also sent evidence of authorisation from RSA that this is an official fine or indeed a legal one... no matter where in EU you are a private company cannot fine you without going to court and getting a judgement from a court.... Otherwise any company could fine you .. They cannot seek any fine without proof that you knowingly imported a counterfeit item which they could not prove ... for example whos to say that you paid for genuine items and were scammed the intent to import is with the sender unless the lawyers can prove you knowingly purchased these items with the intent to procure counterfeit items.. As said ignore mate.... let them earn the right to make a legal fine... which so far this is not its no better than a scam for money... Quote Link to comment Share on other sites More sharing options...
Mendota Explorer Posted August 31, 2015 Report Share Posted August 31, 2015 I would put money on it that Rolex SA dont know nothing about this and although the lawyers maybe representatives of RSA its unlikely unless they have also sent evidence of authorisation from RSA that this is an official fine or indeed a legal one... no matter where in EU you are a private company cannot fine you without going to court and getting a judgement from a court.... Otherwise any company could fine you .. They cannot seek any fine without proof that you knowingly imported a counterfeit item which they could not prove ... for example whos to say that you paid for genuine items and were scammed the intent to import is with the sender unless the lawyers can prove you knowingly purchased these items with the intent to procure counterfeit items.. As said ignore mate.... let them earn the right to make a legal fine... which so far this is not its no better than a scam for money...Agreed 100%. In fact, on one of the other boards a lawyer gave some opinions [not legal advice, of course ] and he said not only to ignore it, but DO NOT create a paper trail of illegality. In other words, whatever you do, don't send a letter back! LOL Quote Link to comment Share on other sites More sharing options...
pcardoza Posted August 31, 2015 Report Share Posted August 31, 2015 Of course there are fools who would pay up on these demands. The same people who keep the Nigerian Prince in business! :-/ At first I thought it was a good laugh,but then I checked some other EU situations and some people did pay the fine.So I just write them a letter back that I never ordered such a bracelet?http://www.eccbelgium.be/counterfeiting-and-piracy-s44691.htm Quote Link to comment Share on other sites More sharing options...
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