Countries
Read onlyHi i wonder if i have a case against amazon. This started months ago when i recieved a policy violation for "counterfit".
Long story short the person who created the ASIN was using a fake brand name to sell items.. "ferris" is the brand name he was using but the real brand name for the product was "greenshield"
I managed to get my items reinstated for a short amount of time by proving the brand name they were using was fake, to soon receive another counterfit claim when he is the one using a fake brand name.
Fast foward a few weeks, i recieved an email saying that my inventory would be destroyed if i cannot prove authenticity.. obviously this was impossible due to him using a FAKE brand name. The real brand was greenshield but they were looking for ferris.
My inventory has now been destroyed because i couldnt prove authenticity when clearly the person who made the asin is using the fake brand name and sending out fake policy violations for the real products.
I was told they would be automatically returned to me by seller support because i have my inventory removals set to automatically send back to my address.
Do i have a leg to stand on? Theyve destroyed real branded products because someone is using a fake brand name. So frustrating someone breaking the law yet ive suffered the consequences.
The issue you might have is its on you to ensure the product you sell matches the ASIN.
Now, the question would be is was there an EAN linked to the ASIN you were listing on? if there was, then you can show that the product in question was on the correct ASIN in terms of the EAN, and the listing was incorrect.
If there wasn't an EAN- you would struggle I would say.
If i had inventory destroyed because i had listed under the wrong brand name i think i would ensure that i hadn't made the same mistake on other listings.
You are still selling on multiple listings where the brand name is incorrect or where the listing is set as "generic" despite them being clearly branded items. You are even still selling "Green Shield" items as being generic when they are the very brand of items that were destroyed by Amazon.
Sometimes we have to accept that although someone else may have done something wrong, when we have chosen to be complicit (and continue to be) in that wrongness there are consequences.
When you say do you have a leg to stand on, morally yes, in a court of law possibly, Amazon - no not a chance.
It seems to me the only way Amazon want customers to sell is through branding hence the reason why they push it so much.
You cannot claim ownership of a product that is generic as it belongs to everyone. Unfortunately for you, if someone lays claim to the generic product which has now become branded, you will never get this changed or if you do, it will revert back at some time.
You run the gauntlet when selling a generic product on Amazon or if you sell brands then you have to prove it is authentic.
That's the listing and policy dealt with now comes to whether you should be recompensed. The simple answer to this is no. You have now in the eyes of Amazon violated a policy resulting in your goods being returned or destroyed as their terms state. Very harsh i know but if you was to go through the route of asking for reimbursement and this is not forthcoming then I am afraid you would then have to decide if you have the appetite to take it to court whereby you will either get Amazon to settle, defend. If they defend then you may well lose and could be even more costly.
Depending on the sums involved you have to decide what is best but this is the harsh reality and pitfall of selling on Amazon especially through FBA. Also if you lose in court on the claim and considered vexatious, you may risk losing your Amazon account as result.
You might want to remove the rest of your inventory thats on fakr branded listings...
B0CW1WJV9T for example