Miraflex strictly controls all design, manufacturing, distribution and advertising to ensure the highest level of quality of its products. The Miraflex product line includes eyewear for all ages as well as eyewear accessories. These products are sold through a network of Miraflex approved eyecare professionals, and select high-end retailers.
There are numerous potentially counterfeit and/or infringing “Miraflex” items for sale on eBay. It is illegal to sell such merchandise. The manufacture, distribution and/or sale of counterfeit goods carry stiff criminal penalties. Miraflex hopes to educate the purchasing public as to how to make an informed decision when purchasing a Miraflex item on eBay. Below is a list of key phrases to look for in the description of the item for sale in order to help determine its authenticity:
· CANNOT GUARANTEE AUTHENTICITY
· AUTHENTICITY NOT WARRANTED OR IMPLIED
· NO GUARANTEES OR WARRANTIES
· MIRAFLEX REPLICA
· MIRAFLEX STYLE
· MIRAFLEX COPY · LIKE MIRAFLEX · NOT MIRAFLEX · MIRAFLEX TYPE ·
If you see any of the above (or similar) phrases in the description of a Miraflex item offered for sale on eBay, it is a good indication that the item is a counterfeit/infringement. Generally, if the seller does not affirmatively guarantee the authenticity of the item, there is a reasonable chance that it is counterfeit. Therefore, if nothing is mentioned in the description regarding authenticity, it is likely to be counterfeit. A buyer should always request an affirmative guarantee of authenticity from a seller. Unfortunately, it is also possible that a seller with a guarantee of authenticity may be selling a counterfeit item.
Frequently Asked Questions (FAQ)
Q: Why did eBay allow me to post my auction if it is against the law?
A: Due to eBay's vast product catalog and seller network it is impossible to catch all infringing listings. Therefore, certain impermissible items are allowed to be listed thereby causing both time and money to be wasted by the buyer, the seller and Miraflex.
Q: Why was my auction ended?
A: Your auction was ended because we believe the item being sold was a counterfeit Miraflex item OR included an infringement of the Miraflex trademark. Given the nature of the Internet, decisions regarding the authenticity of an item are based upon the photograph and the description of the goods, as well as other less tangible aspects of the auction. Because we cannot physically see a product posted over the Internet, the information at our disposal as to the counterfeit nature of the item is limited. We have several people working many hours trying to ensure that only counterfeit/infringing Miraflex merchandise is removed.
Q: Why does Miraflex care if I sell a single piece of unauthorized Miraflex merchandise?
A: Miraflex has expended considerable resources to develop and maintain a reputation for providing the highest quality products and services to its customers. Through the auction of counterfeit merchandise, people attempt to trade off of Miraflex's well-earned reputation. These auctions not only cause monetary damage, but also damage Miraflex's reputation, as many of the purchasers of inferior counterfeit products will attribute the poor quality merchandise to Miraflex.
Having spent many years cultivating its strong reputation, Miraflex must take action to ensure that online auctions of counterfeit goods are ended, even by single-item sellers.
Q: I think that the item I offered is genuine. How can I tell if it is real?
A: Unfortunately, we cannot provide the public with detailed information on how to identify genuine Miraflex products, as this information could also be used by counterfeiters to improve their bogus products. However, we can tell you that genuine Miraflex products are made of superior materials and are crafted with the best in workmanship. The only way you can be certain that you are purchasing a genuine Miraflex fashion product is to purchase from a Miraflex approved eyecare professional or one of the specially selected high-quality retailers authorized to sell these items.
If we ended your auction, we felt comfortable with our assessment that the item you were selling was not genuine. We understand that in some cases you were not aware that you were selling counterfeit merchandise. We also understand that you may have obtained this item from someone else who misled you.
Q: Can I list an item if I expressly say that it is NOT GENUINE?
A: NO! A disclaimer regarding the authenticity of goods, such as "faux", "fake", "knockoff", "Miraflex-like", "Miraflex style", "Miraflex?", "Miraflex", "cannot guarantee authenticity" and similar disclaimers, does not satisfy state and federal laws prohibiting the sale of counterfeit/infringing merchandise.
Q: Why can't I use the word "Miraflex" in my auction heading even though I am not selling a Miraflex item?
A: It is misleading and impermissible to use the word "Miraflex" when there is no legitimate connection between the goods sold and the use of the name.
Q: Why can't I describe my item as "MIRAFLEX-STYLE", "MIRAFLEX-LIKE" or a similar phrase?
A: Due to Miraflex's fame, a person who sees the "Miraflex" name is likely to believe that the goods are in some manner connected with or endorsed by Miraflex, to Miraflex's detriment and contrary to both state and federal law.
Q: Why can't I sell an item that I originally purchased on eBay?
A: Miraflex is working diligently to ensure that all counterfeit/infringing merchandise is removed from auction on eBay. However, some items do slip through the cracks and auctions carrying counterfeit/infringing items are completed. This does not affect the fact that the sale of counterfeit/infringing goods is against the law.
Q: Why didn't Miraflex contact me directly before reporting my auction to eBay?
A: eBay is responsible for the items posted on its auction site. Given the number of Miraflex items posted on eBay, it would take a very large commitment of time and money for Miraflex to contact each seller individually. Unfortunately, it is not possible for us to do so.
Q: I saw an auction where the seller said I could go to a Miraflex approved distributor and verify the authenticity of the Miraflex item offered for sale. Can I bring an item to a Miraflex approved distributor for verification of authenticity?
A: No. Unfortunately, Miraflex approved eyecare professionals, and offices are not able to provide authentication of auction items. The only proof of purchase that we recognize is an original sales receipt.
Miraflex has not permitted sellers to base the authenticity claims on verification by its approved eyecare professionals and other retail locations of new merchandise. As a matter of policy, Miraflex also cannot provide letters or other assistance to purchasers of counterfeit Miraflex product in their attempt to obtain refunds from PayPal, credit card companies or other methods of payment, as we did not authorize the manufacture or the sale of these products.
Miraflex works diligently to protect its reputation for providing the highest quality products, and to protect its customers from merchandise that is inferior, and confusingly similar to genuine Miraflex products. Miraflex must therefore vigorously protect against the on-line distribution of counterfeit/infringing goods.
Miraflex's e-mail address is Branding@Miradflexglasses.net
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