Cosette cleared over fake designer bag complaints
As an Australian luxury retailer accused of selling fake designer bags is cleared, consumers are warned it could be the online authenticators who are fake.
NSW
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An extensive investigation has revealed there is no evidence to support more than 1000 claims consumers were sold “superfake” designer bags by an Australian luxury goods retailer.
Consumers flooded NSW Fair Trading with hundreds of claims they had been sold “superfake” designer bags by Cosette, which has an online store and a boutique in The Rocks.
Many shoppers relied on third-party online verifiers to identify so-called indicators the bags were not authentic.
NSW Fair Trading has now confirmed more than 1000 complaints have been tossed out after working directly with overseas luxury brands, including Prada, Burberry, and the Kering group which owns Saint Laurent, Gucci and Balenciaga to test the authenticity of Cosette’s products.
“Our investigation found no evidence to support allegations that the designer handbags sold by Cosette are fake – each item was tested and verified as authentic by the brand,” a NSW Fair Trading spokesman said in a statement.
“In some instances, the luxury brand confirmed the authenticity of handbags that multiple online authenticators had advised customers were fake.”
NSW Fair Trading said consumers should be aware of some online authenticators’ limitations.
“The investigation highlights that there are significant issues with the accuracy and reliability of online authenticators, who use AI and algorithms to provide authentications,” the spokesman said.
It comes as a consumer’s refund on what they claimed was a fake Saint Laurent handbag bought from Cosette was overturned on appeal at a tribunal.
Disgruntled buyer Yi Feng Percival took Cosette to the NSW Civil and Administrative Tribunal, and was granted a refund for a Saint Laurent Lou camera bag – currently retailing for $2550 in Australia – which they said an authenticator had deemed fake.
The consumer was ultimately ordered to return the money and take the bag back after Cosette successfully appealed the decision.
NCAT senior members Graham Ellis and Peter Molony made that decision after ruling Cosette had been denied procedural fairness after the decision was made based on a different section of the Australian Consumer Law to the one identified earlier in their proceedings.
It was also determined the consumer’s evidence in support of the application was insufficient.
“The Authenticity Certificate, upon which the consumer relied, was expressed to have been provided by LegitGrails, but there is no indication of any author … any qualifications … or experience of that author,” the judgment states.
“The operative part of that certificate reads authentication outcome: fake and reason: inside label, (but) there does not appear to be any photo of that inside label and there is nothing to indicate what it is about that label that warrants that opinion.”
The tribunal found the certificate to be of “very low weight” and “plainly insufficient” to prove the consumer’s case.
Another statement tendered to the court which assessed the Saint Laurent bag as a fake made claims the logo was in the wrong position, the zipper head engraving was rough and in the wrong font, and the internal heat stamp does not accord with brand standards.
That assessment also claimed the stamping and stitching on the serial number leather tab was “uneven and messy”, and the print and font on accompanying cards was incorrect.
The judgment said that assessment had “little probative value” because there was no identified author, and the opinion was based on photos of the bag rather than a physical examination.
The order made by NCAT senior member Gregory Burton in May that Cosette must pay Yi Feng Percival Ho $1438.94 for the bag in exchange for its return was reversed, with Yi Feng Percival Ho now ordered to return the cash in exchange for the bag.
Cosette had consistently denied selling superfakes.
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