Dealers are repeatedly blocked by Amazon because they sell supposedly trademark infringing products. The respective trademark owner complains and Amazon acts. So far, so good. The catch: the goods come from Amazon itself – and there is no such thing as a legal infringement. Only Amazon obviously distrusts its own documents – and the trademark owner has no idea what Amazon means by “disposal”.
The background:
Amazon’s general terms and conditions for sales via FBA (Amazon Services Europe Business Solutions contract) are as follows:
F-4: Storage
” If units are damaged or lost while in storage, you will receive a refund in accordance with our “Shipping through Amazon” policy for that Amazon site.
[…]
If we pay you a refund, we are entitled to dispose of the unit in accordance with clause F-7″.
There is also a “Disposal Clause” for returns: “If Amazon receives a customer return of a “Multi-Channel Shipping” unit, you will instruct us to return or dispose of the unit at your expense; if you do not, we will dispose of the unit in accordance with Clause F-7″.
And how does Amazon “dispose” of it?
General Terms and Conditions Amazon F7
And what does that mean?
It means that the “disposed” goods are back in the goods cycle, because Amazon can do what it wants with its property. The terminology of disposal may be misleading for the trademark owner, but the English version of the terms and conditions is decisive according to the conditions. And there it does not say “dispose”, but rather something more far-reaching “dispose”. The goods have therefore been transferred by the trademark owner (who has agreed to the GTC) with his own consent and can also be resold by Amazon. Legally therefore in order. Amazon sells the goods as liquidation goods to its customers, who in turn sell them to dealers. The dealers then offer the goods again to Amazon. And bang: Now the brand owner jumps up and blocks the dealer who sells his branded goods. Two problems at once:
The brand owner himself often does not know how Amazon “disposes” of the goods. According to common parlance, many assume that the goods have been destroyed. In reality, however, he has given his consent to resell the goods.
Amazon, however, also reacts with standard phrases only. Even if the products – up to the Amazon invoice itself – are precisely proven, the merchant remains blocked. Amazon obviously does not trust its own documents.
So be careful when buying liquidation goods from Amazon: Even if it is all legal, the account at Amazon is quickly blocked.
