Me to RockAuto:
I have updated the RETURN page with the UPS tracking number for Order Number XXXXXXX. This part is being returned in the original UNOPENED packaging. Pictures below.
I am returning it because this is a blatant case of FRAUD. The master cylinder I am replacing on the car was made by NABCO (as the original equipment supplier to Nissan). I will simply assume that "Valeo" is a third party supplier in this transaction. In the product listing that appears on your site (VEO 5476240), it is advertised with a picture of a NABCO 5/8" Master Cylinder for the 1992 300ZX 3.0L V6 (one can scroll over it and clearly see the NABCO name embossed in the casting very prominently). I did a screen capture of it. This is what I ordered and paid for at $47.79 as advertised.
What I received was a Master cylinder made by SANYCO. This is the San Yes Company of China. The part is clearly marked with their part number SANYCO 2005A and logo. If I had wanted a Chinese knock-off part, I would have gone to O'Rieley Auto Parts (1 mile from my home) and bought it (in stock the same day). And paid the Chinese knock-off price of $27.00 with no need for shipping charges.
If i order a Rolex watch and pay $35,000.00 and someone ships a $35.00 Timex because they think it has the same function and still charge $35,000, that is unquestionably FRAUD.
In short, I expect a refund of $47.79 plus my shipping return charge of $9.37, for a total of $57.16 to be credited back through PayPal. Feel free to bill back your third party supplier. Hopefully a dispute through PayPal will not be required of me. I still may advise NABTESCO (successor company after merger to NABCO) of the fraudulent use of their trademarks and name.
RockAuto responds:
Thank you for your thorough email, and for providing us with those pictures. Valeo is the brand that you purchased, not Nabco. Nabco is the original equipment brand; Valeo is an aftermarket company. They are simply using the OE part in their photo as a representation of what the part is to look like. It does not mean you are to receive a genuine Nabco part. RockAuto sells mainly aftermarket parts. For the OE parts we do carry, though, they are listed as such.
If you purchase aftermarket parts at all, I am sure you are aware that brands often times repackage other brands as their own. This is not something RockAuto can control. Many manufacturers source their product lines from outside suppliers. Every manufacturer we carry has a right to do this. As a retailer, we have no say over what a manufacturer is putting in a box. You can read more about this on our Help page by clicking here: http://www.rockauto.com/lang/en/answers.html#DIFFCO
Thank you,
Liz M.
RockAuto Customer Service
I reply:
Outsourcing a part by a manufacturer is an acceptable policy. False or deceptive advertising is neither acceptable nor legal, as well as, misrepresentation and unauthorized use of Trademarked names and images. Repackaging a part is not the case here. It was advertised as a NABCO 5/8 Master cylinder. It was not. If the manufacturer wished to display an image of what the part looks like, then they most certainly would have used a picture of their own part. I find it unrealistic to assume they have computers to compose their advertising, yet not even a cell phone to capture an image of their own product for their advertising.
RockAuto response:
Valeo does use that picture, and are the ones supplying us with the picture. You ordered a Valeo part number, and the website and your order confirmation show you ordered a Valeo not a Nabco. You may return the part if you wish, but you did get what you order. I have sent you return instructions in a seperate email, but RockAuto will not be responsible for the shipping charges.
Thank you,
Jacob
RockAuto Customer Service
I reply:
Jacob,
UPS shows that you received the part I returned (which is the subject of our email exchanges) on April 28th. You credited the Paypal account which I used on May 2nd. While you did not see fit to credit the $9.13 for the return shipping, I thank you for the expeditious credit.
On the matter of false, misleading and deceptive advertising or at a minimum Trademark infringement, it would seem that I still have not made the issue clear to you. Perhaps I am just not the one to explain the nature of the problem here. Therefore, I have contacted Nabtesco's (NABCO's new name after the merger in 2003) Hydraulics Division Legal Office and filed a formal complaint with the United States Federal Trade Commission. Hopefully for the benefit of future customers, their legal teams can better convey the legal issues involved here.
Have a great day.
RockAuto responds:
Hello,
I have requested from Valeo an updated image of current inventory to try and address your concern.
Nonetheless, please try to understand that, as with all manufacturers, they may change suppliers over the years, and their suppliers can also sometimes change suppliers as well. As the tech explained to me, the picture shown is meant to focus on the design of the part (which has not changed) and not the source supplier. Again, what is guaranteed is a Valeo part, supplied from Valeo, not Nabco.
In taking the photos, they likely just pictured what was stocked at the time (which again may have changed). We and our suppliers try to make images available in order to improve your ordering experience, but please understand that source suppliers change constantly in any market.
Thank you,
Chris D.
RockAuto Customer Service
My reply:
For their sake (Valeo whomever they may be) and RockAuto, hopefully they have invoices to show to Nabtesco's lawyers and the FTC's lawyers that Valeo at some previous point in time ever ordered anything (and in specific a 5/8" master cylinder) from Nabtesco or Nabco. As for use of the picture in any circumstance you've described herein, you might want to review my analogy of the Rolex watch.
Anyway, that's the latest in the ongoing email exchanges
