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Does Amazon Give a 30 Day Suspension Notice

by Seller_Jr2zLzqQNIloA

Hi

I have been reading so many threads from people (including me) who without notice are getting their accounts suspended. This articles says in 2020 they agreed to provide a 30 days notice period. https://www.cnbc.com/2019/07/20/amazons-updated-suspension-policy-still-has-sellers-worried.html

“Amazon updated its terms of service for third-party sellers this week, committing to give a 30-day notice and provide reasons for account suspensions.”

From another article this quote is given "We may terminate your use of any Services or terminate this Agreement for convenience with 30 days’ advance notice. We may suspend or terminate your use of any Services immediately if we determine that (a) you have materially breached the Agreement and failed to cure within 7 days of a cure notice unless your breach exposes us to liability toward a third party, in which case we are entitled to reduce, or waive, the aforementioned cure period at our reasonable discretion; (b) your account has been, or our controls identify that it may be used for deceptive or fraudulent, or illegal activity; or © your use of the Services has harmed, or our controls identify that it might harm, other sellers, customers, or Amazon’s legitimate interests. We will promptly notify you of any such termination or suspension via email or similar means including Seller Central, indicating the reason and any options to appeal, except where we have reason to believe that providing this information will hinder the investigation or prevention of deceptive, fraudulent, or illegal activity, or will enable you to circumvent our safeguards.”

Did this ever happen or does it just apply to Germany?

or maybe they are using “you have materially breached the Agreement” allowing them to suspend without notice. Looking at many of the cases here I can’t see that sellers would fall under “materially breached the Agreement”. In which case are Amazon breaching their agreement with us?

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Seller_DROodOAYHftnc
In reply to: Seller_Jr2zLzqQNIloA’s post

Interesting !..

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Seller_Jr2zLzqQNIloA
In reply to: Seller_Jr2zLzqQNIloA’s post

Yes very! I have also made a post about a very interesting duty that relates to how Amazon conducts itself with sellers and if it is applying “materially breached the Agreement” it might be breaching the other duty I have posted about which requires Amazon not to act arbitrarily or capriciously.

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Seller_Jr2zLzqQNIloA
In reply to: Seller_Jr2zLzqQNIloA’s post

I have checked the UK terms and they say

“We may terminate your use of any Services or terminate this Agreement for convenience with 30 days’ advance notice. We may suspend or terminate your use of any Services immediately if we determine that (a) you have materially breached the Agreement and failed to cure within 7 days of a cure notice unless your breach exposes us to liability towards a third party, in which case we are entitled to reduce, or waive, the aforementioned cure period at our reasonable discretion; (b) your account has been, or our controls identify that it may be used for deceptive or fraudulent or illegal activity; or © your use of the Services has harmed or our controls identify that it might harm other sellers, customers, or Amazon’s legitimate interest. We will promptly notify you of any such termination or suspension via email or similar means sent to you individually, and on Seller Central, indicating the reason and any options to appeal, except where we have reason to believe that providing this information will hinder the investigation or prevention of deceptive, fraudulent, or illegal activity, or will enable you to circumvent our safeguards. Any suspension will last until you have provided satisfactory evidence that you have cured its cause and implemented the necessary changes except in case of suspension based under (b) or © above where we terminate or may not reinstate in light of the initially deceptive, fraudulent or illegal activity or harm. On termination of this Agreement, all related rights and obligations under this Agreement immediately terminate, except that (d) you will remain responsible for performing all of your obligations in connection with transactions entered into before termination and for any liabilities that accrued before or as a result of termination, and (e) Sections 2, 3, 4, 5, 6, 7, 8, 9, 11, 15 and 17 of these General Terms survive.”

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Seller_Jr2zLzqQNIloA
In reply to: Seller_Jr2zLzqQNIloA’s post

“unless your breach exposes us to liability towards a third party, in which case we are entitled to reduce, or waive, the aforementioned cure period at our reasonable discretion”

This allows them to waive the 30 and 7 days notice but the question is are they using reasonable discretion?

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Seller_BS5lg2keRs2QO
In reply to: Seller_Jr2zLzqQNIloA’s post

As has been seen in the agreement, they are able to give variable levels of notice depending on why they are taking action. For some things they give more than 30 days notice, but for most commonly posted issues like a linked account they are able to give no notice.

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Seller_Jr2zLzqQNIloA
In reply to: Seller_Jr2zLzqQNIloA’s post

Yes that is the issue and where their terms are not clear but also where they may be breaching other duties that require them to operate with discretion and not arbitrarily or capriciously.

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Seller_Jr2zLzqQNIloA
In reply to: Seller_Jr2zLzqQNIloA’s post

I am also thinking about the consequences of them not giving a 30 days notice period: unless I am wrong, once suspended you have 3 chances to submit information and if Amazon are not happy they will permanently ban you and remove upload links, communication boxes and refuse to reply to messages and cases. However, I imagine if you are given a 30 day notice period you would have 30 days to communicate as much as you want and not just 3 chances. Is this correct?

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