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Customs sent phone to samsung to check for fake

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  • 14-03-2013 11:54pm
    #1
    Milfhunter
    Registered Users Posts: 27 ✭


    Hi. First post here.(Well I moved it from another thread after being advised but anyway..)

    I ordered a phone off eBay from Hong Kong and after being in customs for the week my mother rang up and they said that they gave it to Samsung to check if It was a fake. First of all it's a respectable Chinese brand and not a copy of anything especially not any Samsung phones. Is there anything I can do to get it to me faster as I have been waiting weeks to get it.
    Is customs really allowed to do this? I'm expecting to receive it visibly used with scratches etc.
    Also I think it was sent as a gift If that matters and the band is THL model w1+
    any help?
    Thanks you all.


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    #2
    Paulw
    Moderators, Society & Culture Moderators Posts: 13,381 Mod ✭✭✭✭Paulw


    Milfhunter wrote: »
    Is there anything I can do to get it to me faster as I have been waiting weeks to get it.
    Is customs really allowed to do this? I'm expecting to receive it visibly used with scratches etc.

    No, there is nothing you can do. You must wait.

    Yes, Customs can do it.

    No idea why you expect to receive it with scratches and visibly used. They are only going to examine it, not throw it around the place. :eek:


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    #3
    theblueirish
    Registered Users Posts: 488 ✭✭theblueirish


    If you paid by paypal you will receive a full refund if found to be a clone.


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    #4
    ongarite
    Registered Users Posts: 8,214 ✭✭✭ongarite


    What Chinese phone was it?
    There was a thread on the Android forum recently where the same thing happened. The phone was very similar to the Galaxy S3 and had a cloned Touchwiz UI also.
    It was seized by customs, IMEI checked by Samsung which determined phone was a clone and was destroyed.


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    #5
    Milfhunter
    Registered Users Posts: 27 ✭Milfhunter


    ongarite wrote: »
    What Chinese phone was it?
    There was a thread on the Android forum recently where the same thing happened. The phone was very similar to the Galaxy S3 and had a cloned Touchwiz UI also.
    It was seized by customs, IMEI checked by Samsung which determined phone was a clone and was destroyed.

    The phone is a THL W1+, its not a s3 clone but I seen thousands of them on ebay. Its not a clone of anything or does it have a clone of any software its just stock android 4.0.
    I would consider it ok if it was a samsung clone put its not at all
    Heres a pic :http://i00.i.aliimg.com/img/pb/299/583/500/500583299_135.jpg

    If anything it looks more like a HTC phone except for this has more hardware like a camera key etc..


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    #6
    dudara
    Registered Users Posts: 33,519 ✭✭✭✭dudara


    We can't judge if this is a clone or not - ultimately it's in the hands of Customs right now.


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    #7
    ShooterSF
    Registered Users Posts: 8,824 ✭✭✭ShooterSF


    Im a bit confused here but how can a company decide what is and isn't an infringement of their copyright? Surely that's an area for the legislative branch of the state to decide.


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    #8
    Milfhunter
    Registered Users Posts: 27 ✭Milfhunter


    Should I wait out the customs letter or file a paypal dispute while I still can?


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    #9
    ABajaninCork
    Closed Accounts Posts: 8,411 ✭✭✭ABajaninCork


    I'd file the dispute. But what reason will you give?


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    #10
    Miaireland
    Registered Users Posts: 4,063 ✭✭✭Miaireland


    File a dispute for item not received. If it is cleared you can close the dispute and if necessary resend the money back to the seller. If the item is fake at least you will have your dispute open before the deadline.


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    #11
    Milfhunter
    Registered Users Posts: 27 ✭Milfhunter


    Miaireland wrote: »
    File a dispute for item not received. If it is cleared you can close the dispute and if necessary resend the money back to the seller. If the item is fake at least you will have your dispute open before the deadline.
    I messaged the seller telling him I have not recieved the item and he said its in customs and to wait. Is there a certain time from that I can make a dispute in?


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    #12
    ABajaninCork
    Closed Accounts Posts: 8,411 ✭✭✭ABajaninCork


    It's 45 days. You can open the dispute without seller authorisation AFAIK.


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    #13
    GerardKeating
    Registered Users Posts: 7,542 ✭✭✭GerardKeating


    Paulw wrote: »
    No, there is nothing you can do. You must wait.

    Yes, Customs can do it.

    No idea why you expect to receive it with scratches and visibly used. They are only going to examine it, not throw it around the place. :eek:

    But why send it to Samsung, if it is not actually branded as Samsung?


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    #14
    fasttalkerchat
    Registered Users Posts: 5,652 ✭✭✭fasttalkerchat


    GerardKeating wrote: »
    But why send it to Samsung, if it is not actually branded as Samsung?

    It doesn't need to be, just to use something they have the rights to.

    I would put in a claim that it hasn't arrived. Put in the notes that it may be held up at customs and you are willing to wait another week before requesting a refund.


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    #15
    Paulw
    Moderators, Society & Culture Moderators Posts: 13,381 Mod ✭✭✭✭Paulw


    GerardKeating wrote: »
    But why send it to Samsung, if it is not actually branded as Samsung?

    I am only guessing, but if it looks like a Samsung, and has internal parts like a Samsung, then Samsung would be best able to judge. Many of these "third party" phones are made in the same factory as the genuine model and are just badged differently. The IP rights would still belong to Samsung, and we all know that China doesn't pay much attention to IP rights.


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    #16
    aphex™
    Closed Accounts Posts: 2,338 ✭✭✭aphex™


    Paulw wrote: »
    I am only guessing, but if it looks like a Samsung, and has internal parts like a Samsung, then Samsung would be best able to judge. Many of these "third party" phones are made in the same factory as the genuine model and are just badged differently. The IP rights would still belong to Samsung, and we all know that China doesn't pay much attention to IP rights.

    Apple, Google, Nokia and Samsung could probably claim IP rights on the hundreds of components in the phone. It's a minefield. Why send it to one crowd?

    OP, I would write a letter to the head of Customs and ask for the reasons they sent your particular phone to Samsung, and make it clear you want to know why they sent it to Samsung as opposed to anybody else.


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    #17
    Milfhunter
    Registered Users Posts: 27 ✭Milfhunter


    I got a letter today which said I need to send a copy of the invoice so they can calculate the tax on it. So that means I'm getting it. The weird thing is that on the letter it says "Contents: China - Samsung Phone".


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    #18
    Cabaal
    Moderators, Technology & Internet Moderators, Regional South East Moderators Posts: 28,468 Mod ✭✭✭✭Cabaal


    Milfhunter wrote: »
    I got a letter today which said I need to send a copy of the invoice so they can calculate the tax on it. So that means I'm getting it. The weird thing is that on the letter it says "Contents: China - Samsung Phone".

    Maybe thats what the seller put on the package as a discription?
    Might explain why Customs had concerns,


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    #19
    Milfhunter
    Registered Users Posts: 27 ✭Milfhunter


    Cabaal wrote: »
    Maybe thats what the seller put on the package as a discription?
    Might explain why Customs had concerns,

    No, he said on the package that it was a $20 mp3 player and sent it as a gift. I should be getting it tomorrow and have to pay 34 euro tax on it. I dont really mind paying the tax as its still much cheaper than buying it from a European vendor, what annoys me is that it was in customs for 10 days:(


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    #20
    goz83
    Registered Users Posts: 8,034 ✭✭✭goz83


    Yeah I hate when they get their grubby hands on things and charge you not only for the itme price, but they charge you tax on the delivery price too.


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    #21
    Milfhunter
    Registered Users Posts: 27 ✭Milfhunter


    finally got it today!!


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    #22
    Nonoperational
    Registered Users Posts: 7,401 ✭✭✭Nonoperational


    Gift is a red flag. If he put something like Android phone, $20, there would be no tax and it would have been fine more than likely.


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    #23
    MOH
    Registered Users Posts: 6,464 ✭✭✭MOH


    goz83 wrote: »
    Yeah I hate when they get their grubby hands on things and charge you not only for the itme price, but they charge you tax on the delivery price too.

    Because that's the way VAT works?

    If you bought it within the EU, the vendor would have paid VAT when they imported it, including on the shipping price, and it'd be factored into what you pay them anyway.


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