I didn't purchase this release and have, therefore, refrained from posting in this thread until now. The reason I'm now responding is because of the conflicting advice being given here by various members as to whether it is right or wrong, whether morally or legally, to make a claim against Kimchi, through PayPal or one's credit card provider, for non-receipt of this item.
Those who have yet to receive their copies of this title fall into two basic categories:-
(a) Those whose packages have been lost, stolen, mislaid or delayed whilst in transit;
(b) Those whose packages have been seized by UK Border Force due to a suspicion that the item is counterfeit.
Anyone who has
not received a notification from UK BF that their package has been so seized falls into category (a), irrespective of the fact that others have had their copies seized.
Those of you in category (a) have both a moral and legal right to institute a claim against Kimchi, through PayPal or your credit card provider, for non-receipt of the goods. You should, however, first contact Kimchi to notify them that you have not received the item and that if they do not provide you with a satisfactory response within a specified time, then you will be making a claim against them. If they do not so respond then you are well within your rights to make the claim.
For those in category (b) the issue is not so straight forward. If the items are indeed counterfeit, or you know or believe them to be so, then a claim could be made against Kimchi, as above. However, in doing so you would be accepting the allegation that the items are counterfeit and giving up any claim to the goods, thereby allowing UK BF to destroy them.
If, on the other hand, you believe the items to be genuine and are contesting with UK BF their intention to destroy them, anticipating that the items will be delivered to you once their authenticity has been established, and you simultaneously make a claim for reimbursement of the amount paid, on the basis that you have not received those goods, it could be construed that you are acting fraudulently, separate and similar offences of which exist in both English and Scottish criminal law. Similarly, if you pursue both options and end up receiving both the goods and a refund but make no effort to return one or other, then an offence of theft will have been committed.
Obviously, no one wants to take a hit on this but members affected by this debacle should be careful of how they tread in resolving the issue.
As regards any damage to these items, resulting from their seizure and examination by UK BF,
@psychoscot is absolutely correct when stating that UK BF can be held accountable and liable for compensation. That is, of course, dependent on the items being authenticated as genuine.
