Anti-Counterfeit & Genuine Parts Policy
Last Updated: [DATE] | Version: 1.0
1. Introduction and Purpose
PakAutoMart (accessible at pakautomart.com) operates as Pakistan's first multi-vendor auto parts marketplace, connecting independent Sellers with buyers across the country. Because PakAutoMart is a marketplace rather than a single retailer, the auto parts, accessories, and consumables listed on the platform are sourced, stocked, priced, and described by independent third-party Sellers, not by PakAutoMart itself. This Anti-Counterfeit & Genuine Parts Policy ("Policy") sets out the standards every Seller must follow when describing the authenticity and condition of the parts they list, explains how buyers and brand owners can report suspected counterfeit or mislabeled listings, and describes the enforcement steps PakAutoMart takes against confirmed violations. This Policy should be read together with our Seller Terms and Conditions, our Intellectual Property Policy, our Return & Refund Policy, our Disclaimer, and our Dispute Resolution Policy, each of which contains additional provisions relevant to authenticity and product-quality issues.
2. Why Genuine Parts Matter More in the Automotive Sector
Counterfeiting is a problem across many categories of consumer goods, but in auto parts it is not merely a matter of brand reputation or intellectual property infringement — it is a direct road-safety issue. A counterfeit or substandard brake pad, clutch plate, steering component, or suspension part can fail without warning at speed. A fake or improperly rated airbag module may not deploy correctly in a collision, or may deploy when it should not. Non-genuine oil, air, and fuel filters manufactured without proper filtration standards can cause premature engine wear or failure. Substandard electrical components, wiring harnesses, fuses, and battery terminals carry a heightened risk of short circuits and vehicle fires. Given Pakistan's dense urban traffic, extreme temperature ranges, and long intercity travel distances, the consequences of a failed safety-critical part are borne directly by drivers, passengers, and other road users. For this reason, PakAutoMart treats accurate representation of part authenticity and condition as a core trust-and-safety requirement, not an optional listing detail, and applies this Policy with particular seriousness to safety-critical categories such as braking systems, steering and suspension, airbags and restraint systems, electrical and battery components, and engine and fuel-system parts.
3. Legitimate Use of Brand Names on the Platform
PakAutoMart recognises that a functioning auto parts marketplace depends on Sellers being able to accurately identify the parts they sell, including by referencing the names of vehicle manufacturers and component brands such as Toyota, Honda, Suzuki, Denso, Bosch, NGK, and similar marks. Using a brand name to truthfully describe a genuine product, to state fitment or compatibility (for example, "aftermarket brake pad compatible with Honda Civic 2016–2021"), or to make an honest comparison is normal, lawful marketplace activity and is not, by itself, a violation of this Policy or of the Intellectual Property Policy. What this Policy prohibits is the misuse of such names and marks to deceive buyers into believing that a non-genuine, replica, or unauthorised part is an authentic product of the brand owner. The distinction is between accurate, descriptive, or comparative use of a trademark and the false or misleading application of a trademark to pass off a product as something it is not, which may constitute an infringement under the Trade Marks Ordinance 2001 as well as a misleading practice under general consumer protection law.
4. PakAutoMart's Condition-Labelling System
To keep listings transparent, every Seller must accurately classify each part they list under one of the following condition categories, and PakAutoMart displays these classifications to buyers on the product page:
- Genuine / OEM: The part is manufactured or authorised by the original vehicle manufacturer or original component brand owner, and is sold in its original or authorised packaging. Sellers listing an item under this category must be able to substantiate the claim, including, where requested, by providing proof of sourcing, invoices, or authorisation from an authorised distributor.
- Aftermarket: The part is manufactured by a third party (not the original vehicle or component brand) to fit or function in place of the original part. Aftermarket parts may be lawfully sold and are often a legitimate, lower-cost alternative, provided they are clearly labelled as aftermarket and are not dressed up with counterfeit branding, packaging, or logos suggesting they are genuine OEM stock.
- Used / Reconditioned: The part was previously fitted to a vehicle and has been removed, inspected, and, where applicable, reconditioned or refurbished before resale. Listings in this category must disclose the used or reconditioned status prominently and must not be presented as new or genuine OEM stock.
Sellers are required to select the correct category for every listing and to ensure that photographs, descriptions, and packaging claims are consistent with that category. Mislabelling the condition of a part, even without an intent to defraud, is a violation of this Policy and of the Seller Terms and Conditions.
5. What Constitutes a Violation
Without limiting the general principle that listings must be truthful and non-misleading, the following are treated as violations of this Policy:
- Listing a counterfeit, replica, or unauthorised part while describing or labelling it as "Genuine," "OEM," "Original," or using equivalent language implying it is an authentic brand-owner product.
- Using a brand's name, logo, trade dress, or packaging design on or in connection with a part that was not manufactured or authorised by that brand, in a manner likely to deceive a reasonable buyer.
- Reproducing a brand owner's packaging, holograms, serial numbering, or authentication marks on non-genuine goods.
- Selling parts that have been subject to a manufacturer recall, or that are otherwise known to be unsafe or non-compliant with applicable standards, without clearly and prominently disclosing that fact to buyers.
- Misrepresenting the condition category of a listing (for example, listing a used part as new, or an aftermarket part as OEM).
- Using stock photography of genuine branded parts to advertise a materially different, non-genuine item that will actually be shipped to the buyer.
6. How PakAutoMart Screens and Monitors Listings
PakAutoMart applies a combination of onboarding checks, ongoing monitoring, and community reporting to reduce the presence of counterfeit or mislabeled listings on the platform. At onboarding, Sellers are required to provide business and contact information and to agree to the Seller Terms and Conditions and this Policy before they may list products. On an ongoing basis, PakAutoMart may review listings, categories, pricing patterns, and Seller feedback for signals that are commonly associated with counterfeit or misrepresented goods, and may act on reports received from buyers, brand owners, and rights holders. However, given the scale and speed of a multi-vendor marketplace, PakAutoMart cannot physically inspect, test, or authenticate every part listed by every Seller before it is offered for sale. Our screening and monitoring efforts are undertaken on a reasonable-efforts basis and do not constitute, and should not be relied upon as, a guarantee that every listing on the platform is accurately described or free of counterfeit or substandard stock, consistent with the limitations set out in our Disclaimer. Buyers and brand owners remain an essential and valued part of this system, and PakAutoMart actively relies on their reports to identify and remove problematic listings.
7. Reporting Suspected Counterfeit or Mislabeled Listings
Any buyer, brand owner, authorised distributor, or other rights holder who suspects that a listing on PakAutoMart involves a counterfeit part, an unauthorised use of a brand name or logo, or a mislabeled condition category is encouraged to report it promptly. Reports should be sent to admin@pakautomart.com, or by calling 042 111 786 786, and should include, to the extent available: the listing URL or product name and Seller name; the reason the item is suspected to be counterfeit, mislabeled, or unsafe (for example, packaging inconsistencies, pricing far below genuine market value, a known recall, or direct comparison against an authentic sample); supporting evidence such as photographs of the item received, packaging, or markings; proof of trademark ownership or authorised distribution rights, where the report is made by a brand owner or its representative; and the reporter's contact details for follow-up. Where a report concerns unauthorised use of a trademark, logo, or copyrighted packaging or images, it may also be treated as a notice under our Intellectual Property Policy, and the takedown process described there will apply in parallel with this Policy. PakAutoMart aims to acknowledge and review reports promptly and will take interim action, such as temporarily suspending a listing, where the report raises a credible safety or authenticity concern pending investigation.
8. Enforcement Ladder for Confirmed Violations
Where PakAutoMart determines, after review, that a listing or Seller has violated this Policy, it will take action proportionate to the severity and history of the violation. Depending on the circumstances, this may include one or more of the following: immediate delisting or removal of the offending item from the platform; issuance of a formal warning to the Seller, requiring correction of the listing or category and, where applicable, evidence of genuine sourcing; suspension of the Seller's account and listing privileges for repeat, serious, or safety-related violations, particularly those involving safety-critical parts such as brakes, steering, airbags, or electrical systems; permanent termination of the Seller's account for confirmed counterfeiting, repeated violations, or conduct that endangers buyer safety; forfeiture or withholding of pending payouts directly connected to the violating transaction, pending investigation or as a consequence of confirmed misconduct; and referral of the matter to the relevant brand owner and, where appropriate, to law enforcement or regulatory authorities for further legal action, including potential proceedings under the Trade Marks Ordinance 2001, the Punjab Consumer Protection Act 2005 (or the corresponding consumer protection law of the relevant province), and the Prevention of Electronic Crimes Act 2016 where the conduct involves fraudulent or deceptive online listings. Specific monetary penalties, fees, or fine amounts associated with any enforcement action are governed by applicable law and by the Seller Terms and Conditions then in force. [LEGAL REVIEW NEEDED: confirm whether any specific PKR penalty, deposit-forfeiture cap, or fine figure should be inserted here.]
9. Remedy for Buyers Who Unknowingly Purchase a Counterfeit Item
A buyer who believes they have unknowingly received a counterfeit, replica, or otherwise mislabeled part should contact PakAutoMart promptly at admin@pakautomart.com with their order details and supporting evidence (such as photographs of the item and packaging as received). Such cases are handled under our Return & Refund Policy, which sets out the applicable timelines, conditions, and process for returns, replacements, or refunds. Where a dispute arises between a buyer and Seller over authenticity that cannot be resolved directly, either party may make use of the process described in our Dispute Resolution Policy. Buyers are encouraged to report suspected counterfeit purchases even where they are also pursuing a refund, since such reports help PakAutoMart identify problem Sellers and protect future buyers.
10. Our Commitment
Trust is the foundation of any marketplace, and it is especially critical in an industry where a mislabeled or counterfeit product can put a driver's safety at risk. PakAutoMart is committed to maintaining a clear condition-labelling system, taking reports of counterfeit or mislabeled listings seriously, enforcing this Policy consistently against violating Sellers, and continuing to invest in the verification, monitoring, and reporting tools needed to make genuine, accurately described auto parts the standard on our platform. We ask buyers, Sellers, and brand owners alike to work with us in upholding these standards, so that PakAutoMart can continue to serve as a marketplace Pakistani drivers can rely on.
