Amazon refunded every buyer and contacted them stating I sold them fake items, which were very much so not fake.
All orders revolving around the Ms. Rachel doll were refunded by amazon without any mention to me at all. All buyers received a refund as well as an email from Amazon stating that the item was fake.
I provided real invoices from major retailers to be ungated in this category and yet still without any mention to me at all noticed all the orders were refunded to the buyer and money was taken from me.
I contacted a few other sellers who had the same thing happen to them. Every. Single. Order. Refunded to the buyer and a message sent out stating the item was fake.
This seems highly illegal. And how can they say every single doll was fake without doing any research at all? And on top of that just take all the money and not expect anyone to return the items.
This has stolen a couple thousand dollars from me because of this and I know for a fact that others are hurting worse.
Has this ever happened to other sellers before? And if so, is there a solution to this? Or am I just expected to eat the loss and go through the fun of dealing with useless seller support?
Amazon refunded every buyer and contacted them stating I sold them fake items, which were very much so not fake.
All orders revolving around the Ms. Rachel doll were refunded by amazon without any mention to me at all. All buyers received a refund as well as an email from Amazon stating that the item was fake.
I provided real invoices from major retailers to be ungated in this category and yet still without any mention to me at all noticed all the orders were refunded to the buyer and money was taken from me.
I contacted a few other sellers who had the same thing happen to them. Every. Single. Order. Refunded to the buyer and a message sent out stating the item was fake.
This seems highly illegal. And how can they say every single doll was fake without doing any research at all? And on top of that just take all the money and not expect anyone to return the items.
This has stolen a couple thousand dollars from me because of this and I know for a fact that others are hurting worse.
Has this ever happened to other sellers before? And if so, is there a solution to this? Or am I just expected to eat the loss and go through the fun of dealing with useless seller support?
79 odpowiedzi
SEAmod
@Seller_JRoDg3Kmefru3
Thank you for posting and participating in the seller forums. I am referencing the policy for anti-counterfeiting.
Here are two excerpts from the policy.
- We work with manufacturers, rights holders, content owners, vendors, and sellers to improve the ways we detect and prevent inauthentic products from reaching our customers. As a result, we remove suspect listings based on our own review of products. We also work with rights holders and law enforcement worldwide to take and support legal action against sellers and suppliers that knowingly violate this policy and harm our customers. In addition to criminal fines and imprisonment, sellers and suppliers of inauthentic products may face civil penalties including the loss of any amounts received from the sale of inauthentic products, the damage or harm sustained by the rights holders, statutory and other damages, and attorney’s fees.
- Maintain and Provide Inventory Records. Amazon may request that you provide documentation (such as invoices) showing the authenticity of your products or your authorization to list them for sale. You may remove pricing information from these documents, but providing documents that have been edited in any other way or that are misleading is a violation of this policy and will lead to enforcement against your account.
Seller_OVaHKNw9M8Ya0
I asked for my remaining inventory to be returned to me, Out of 1,000 in sales this last couple of weeks, over $800 went to fees...Who can make money this way, this is on top of them losing thousands of dollars in the inventory I sent them to FBA. I'm done with these crooks, as soon as I get the rest of my inventory back; I'm shutting down this seller account, I'll stay with ebay...slower to sell but at least ebay does not steal my inventory and they don't keep so much in various fees...
Seller_aUbEyzlSSnsDJ
I am pretty sure If you sold them as used like new this would not have happened. You violated policy section 3 I think. You eat the loss.
Seller_Qbd0RsfZFEZBY
If you paid tax on it you didnt get an invoice.
Seller_nRFmxiQg4EGrw
Not gonna happen. As spelled out in the ToS that you agreed to when you signed up. Besides, absent a court order, now that Amazon no longer has "plausible deniability" to suspect that your items are fake, they are not going to put themselves in the position of Trafficking in Counterfeit Goods.
You need to prove WITH INVOICES that your items are legit before Amazon will release them.
Seller_nBUcRErQhJ4JW
I am not a lawyer but wouldnt the first sale doctrine apply ?
This may not be illegal and may be against Amazon policy.
There was a lawsuit between Cartier and one of the wholsale clubs. The club bought the watches "grey market" and sold them as new, because they were. The warehouse club won the suit. They aquired the products legally, they were authentic and theirs to sell.
Seller_kIukTwdhvntAp
"I am not a lawyer but wouldnt the first sale doctrine apply ?"
The "First Sale Doctrine" has NEVER been accepted on Amazon.
In addition, Seller U specifically states that a RECEIPT is NOT accepted for any category that requires approval for ungating or listing of a brand.
While there are still a number of categories that don't say they need approval, MANY state "No, but certain sub-categories require approval."
Rookie sellers can choose whether they want to try and wade through quicksand, and, cross molten lava, OR actually grow a business by buying from AUTHORIZED SUPPLIERS and getting BRAND APPROVAL to sell on Amazon.
Other sites will differ in their policies.
The internet sales landscape has shifted. Congress has passed laws stripping websites of what they had perceived as protection from lawsuits for selling counterfeit and stolen merchandise and that includes gray market stuff as well since there is no 'chain of custody'.
Seller_JRoDg3Kmefru3
Man oh man, you really do just live in the forums don't you?
Still trying to harp on and on as if you know everything that has happened and such.
I have receipts. I have invoices. You choose to sit on your high horse and spew your elitist shut downs every time to every one.
You need a better hobby. And to be a bit more humble.
Again, appreciate your elitist put "words of wisdom" to tell me I am screwed, but I was looking for help not a thread stalker.
Seller_nRFmxiQg4EGrw
"First Sale Doctrine" means that it is LEGAL for you to sell any authentic item as USED, although in some cases New is also appropriate. And it is in regards to COPYRIGHT materials, although it has been extended to include some other items.
But it does NOT mean that Amazon has to let you sell it on their platform. Nor does it mean that Amazon is required to accept receipts as proof of a valid supply chain; Amazon has a duty to their shareholders to make sure that they are not a conduit for counterfeit goods; if you cannot prove (with the documents Amazon requests), then Amazon is not going to assume the risk that your items are authentic. No amount of FSD will ever change that.
Seller_nBUcRErQhJ4JW
You are 100% correct. It is not illegal but it is be against Amazon policy. The case from the watch business was the watches were being sold as new, the watch company filed the suit, the warehouse club won the suit.
As I said in my initial statement while it may not be illegal it may still violate Amazon policy
Seller_VCSaH8CTg9r9r
What are you talking about? As used? Did you see a link that was providing info for somebody's question that specifically asked about its application to used products and now youre running with that? Businesses are on here selling products on Amazon's retail store. Did you think there a bunch of us sitting on used inventory? Did you think that a product's having had been used was determined on anything other than if it was, well, used?
Seriously think this one through...so if I had a product from a brand that I purchased 52000 units of from that brands primary distributor, as I have an account with them, but I dont have a letter of authorization specifically from the brand to sell on Amazon today, the products are used, BUT, tomorrow if I receive such a letter all of a sudden the physical condition of the product is going to change again back to new from used due to a letter although its brand new unopened stock?
Seller_kIukTwdhvntAp
" I dont have a letter of authorization specifically from the brand to sell on Amazon today, the products are used, BUT, tomorrow if I receive such a letter all of a sudden the physical condition of the product is going to change again back to new from used due to a letter although its brand new unopened stock?"
As long as you purchased the stuff from an authorized distributor as you say you did, that is EXACTLY how Amazon perceives the situation at this point. Except for the fact that they seldom accept an LOA dated AFTER sales have taken place (but that result varies like everything else here).
Think of having an LOA as being vaccinated against the Bubonic Plague these days.
Seller_VCSaH8CTg9r9r
That was just a hypothetical situation to demonstrate the product condition being based on anything other than its actual condition is nonsense. Its ok forget I said anything. No reason to go back and forth if the point wasnt understood by now.
Seller_kIukTwdhvntAp
"That was just a hypothetical situation to demonstrate the product condition "
But your 'hypothetical' explains EXACTLY how Amazon is behaving. I was agreeing with you and saying your 'hypothetical' is accurate.
Seller_VCSaH8CTg9r9r
Miscommunication lol, I was making that point in my response to the other seller's claim that the First Sale Doctrine gives people the authority to sell products as USED only and then the only way you can do so permissibly as new would be with a LOA. Again, just to explain that she is in fact wrong, and to really understand quickly how wrong she is, to think about how silly and ridiculous the logic would be behind selling item conditions based on LOA and not the condition lol....A lot of conversations turned into 1
Seller_Qbd0RsfZFEZBY
The First Sale Doctrine applies specifically to copywritten work, not trade or design marks or patents
Seller_Qbd0RsfZFEZBY
Yeah kinda...
Please understand that we see this very often. Some of us have even gone through it.
Also have some hope. If Amazon is anything it is definetly inconsistant and ever changing.
The current sate is that the requirements for ungating are very different to the requirements of overcoming an authenticity claim.
You will need commercial invoices directly from the brand or brands authorized representitive to overcome an inauthentic claim.
This is because you have violated multiple Amazon policies and US Laws. You have sourced an item at retail and listed it as "new". Items sourced at retail are sold to the end user and must then be listed as used, collectible or reconditioned which most brands dont allow.
Also you are using a brands IP for your profit without explicit authorization which is theft and protected by USPTO law.
These infractions are managed by Amazon using the Counterfiet policy which will result in the loss of funds, inventory and selling privlidges.
Seller_nRFmxiQg4EGrw
Well? Which is it?
Amazon needs the INVOICE that shows on it your business and tax license info. If you don't have that, there is no way forward. And if you do have a real, authentic invoice, even from an authorized wholesaler, if you do not have permission FROM THE BRAND to sell on Amazon, then you're still out of luck.
Says the one whose account is suspended, but still insists he knows more than the people following the rules....
Without invoices, you'll get nowhere with Amazon. Your only recourse might be to take legal action against whoever convinced you that this was a good move. Oh, wait; the disclaimer spells out 20 different ways that they are not responsible if their advice gets you suspended......
Seller_nRFmxiQg4EGrw
Okay, you have both. Why? If you can purchase wholesale (invoice) why would you also purchase some retail (receipt)? And forget the receipt; it's worthless; only an actual invoice counts. And it can't be (as you said in your first post) "real invoices from major retailers" since those are receipts.
But if you have legit wholesale invoices from authorized distributors, and have permission to sell these dolls from Ms. Rachel (or whoever holds the IP rights to the dolls), then you should be okay. But nothing at Amazon happens fast.
Since you're so sure of that, perhaps spend some of the time while waiting to read through the forums, especially the people selling Nike. That may give you a better idea of what can actually happen.
Seller_oDXVaydIpi3Hi
An INVOICE is piece of paper (or digital) showing that you need to pay for something when you order something.
A receipt is a piece of paper (or digital) showing you did pay for something after you ordered something.
In society and industry, they are often used interchangeably.
Amazon needs to change their wording from "invoice" to "manufacturer/brand owner/authorized distributor invoice or receipt, with a LOA."
Amazon is taking advantage of the ignorant and playing semantics, and you shouldn't be supporting that with your comments.
