Counterfeit Allegations
I have been selling a collagen creme for a while.
But the manufacturer as enrolled in a transparency program with amazon where they have placed 2d and 3d codes on their packaging.
I contacted the manufacturer and they explain the new packaging is only available in the US market place and if i would like to purchase their products in the UK i can only buy from HOME BARGAINS.
Amazon has been asking me for the 2d and 3d codes and i have been explaining that they are on in the US market and are not available in the UK. They have restricted the sale of the products temporarily. They said if i wanted to continue to sell it is at my own risk. i created a removal order and changed the listing to FBM.
I woke up to an email claiming a customer has filed a counterfeit claim on the products ( my gut feeling is that this is not true ). Amazon has requested invoice…etc.
I can only provide the retail receipts with qty, dates, product name and the address with the Home BARGAINS name across the top. i even sent the screen shot of the manufacturer saying the codes are not available on UK packaging and the only place i can purchase in HOME BARGAINS.
They have rejected the receipts and the evidence i have sent.
Now they are saying my account is at risk of deactivation. Amazon are being a bully and the evidence speaks for itself.
what more can i do to prove the products are genuine?
or is this a complete manufactured counterfeit claim to remove the creme?
there is no way anybody has made such a claim.
what can i do? i feel like i am at the mercy of a bully ( amazon )
Counterfeit Allegations
I have been selling a collagen creme for a while.
But the manufacturer as enrolled in a transparency program with amazon where they have placed 2d and 3d codes on their packaging.
I contacted the manufacturer and they explain the new packaging is only available in the US market place and if i would like to purchase their products in the UK i can only buy from HOME BARGAINS.
Amazon has been asking me for the 2d and 3d codes and i have been explaining that they are on in the US market and are not available in the UK. They have restricted the sale of the products temporarily. They said if i wanted to continue to sell it is at my own risk. i created a removal order and changed the listing to FBM.
I woke up to an email claiming a customer has filed a counterfeit claim on the products ( my gut feeling is that this is not true ). Amazon has requested invoice…etc.
I can only provide the retail receipts with qty, dates, product name and the address with the Home BARGAINS name across the top. i even sent the screen shot of the manufacturer saying the codes are not available on UK packaging and the only place i can purchase in HOME BARGAINS.
They have rejected the receipts and the evidence i have sent.
Now they are saying my account is at risk of deactivation. Amazon are being a bully and the evidence speaks for itself.
what more can i do to prove the products are genuine?
or is this a complete manufactured counterfeit claim to remove the creme?
there is no way anybody has made such a claim.
what can i do? i feel like i am at the mercy of a bully ( amazon )
Seller_7VbclcPFFRTnc
I wouldn’t invest heavily until the violation has been removed (180 days) - unless you sell elsewhere too as they can deactivate the account at any time
59 replies
Seller_7VbclcPFFRTnc
unfortunately, as you bought from another retailer, you should only have listed as Used - Like New, not New
Presumably the manufacturer did not want their products being listed on amazon Uk and hence they would not supply you
unfortunately in this situation, there is nothing you can do
Seller_bi8rGHHcLpoVs
You haven’t followed Amazons policies, they are just enforcing them, not bullying you.
They need a wholesale invoice, Amazon don’t accept retail receipts.
@NEil Did advise you a couple of weeks ago that you need wholesaler or distributor invoices.
https://sellercentral.amazon.co.uk/forums/t/buying-from-amazon-and-selling-back-on-amazon/587469
Seller_ZQyopdiwkUHOZ
They are counterfeit. You are claiming to be selling new products but you aren’t.
Seller_KM2No8jybV32S
You are incorrect, the Consumer Rights Act specifically prohibits anti competitive practices in the supply chain and if Amazon is restricting competition at the behest of the Manufacturer/rights owner then it places itself in untested water.
Remember, we’re not talking about Amazon prohibiting the sale of certain products, we are talking about Amazon deciding WHO can sell that product which is in direct contradiction to what the law is set up to achieve.
A very good layman explanation is here:
https://sprintlaw.co.uk/articles/laws-on-reselling-products/
Seller_7VbclcPFFRTnc
Amazon isn’t restricting competition
They’ve had a complaint that an item is counterfeit
They’ve asked the op for proof of a valid supply chain including authorisation from the brand
Op does not have that
Seller_esvgLzKXw2YAl
Whilst there “may” be occasional issues where Amazon might possibly be crossing the line in this way.
For this particular incident, it most certainly isn’t.
The OP bought stock from a shop.
Amazon received a complaint.
Amazon asked the OP to prove a valid supply chain.
The OP is unable to do so.
So at that point, though the goods aren’t actually counterfeit, due to being bought at retail, they are outside of the normal supply chain, which means that they cannot be proved to be valid.
Seller_KM2No8jybV32S
Says who?
The law is clear, if you have acquired a legitimate item legally without a supply contract to restrict resale (which in itself may not be legal) then you have a legal right to resell those goods.
- The Rights owner is claiming an IP violation which as long as the goods have been purchased legally is absolute nonsense
- If Amazon were to prevent the resale of the goods on the basis they were purchased from a shop then please can you explain how that is seen legally with reference to competition law and the consumer rights act?
There is a warranty issue, but as we all should know that ultimately rests with the retailer and not the manufacturer / anyone else in the supply chain so actually that argument is extremely weak.
Seller_ZQyopdiwkUHOZ
No it’s not. The goods were purchased legally, but they WEREN’T purchased legally for the purpose for which OP is using them.
I suggest you look into consumer laws specifically dealing with Manufacturer’s Warantees and such.
Ok, if you already know why you’re wrong, then why are you still arguing something you know to be wrong??
Seller_esvgLzKXw2YAl
Come on seriously?
I could go into any shop and get a receipt for a payment to them.
It won’t however prove that they are valid!
What the shop is selling, could just easily be counterfeit!
To prove it, you would have to have the invoices from the shop, to their supplier!
Look at it from Amazon’s point of view and not just your own.
They have to give the benefit of the doubt to the complaint and not the supplier, unless they can prove a valid supply chain. A retailer is outside that scope.
Seller_qZO3ZCjoBXEeL
Except that in this case particularly I think you’ll find there is nothing anti-competitive.
The OP is buying from a high street store and reselling on Amazon at a greater price than the high street store offers. Therefore their offer is not contributing to consumer benefit and prices are not being kept artificially high. The consumer is not losing out by the prevention of these sales.
Amazon are not saying you may not sell the original product, they are just saying that you must prove that it is authentic when challenged. To do this they require a valid supply chain, and high street till receipts do not fulfil that requirement.
Lets say there was a problem with a batch of that collagen cream. The manufacturer knows they have sold it to the original retailer, who can put up signs in their stores saying to return it for a refund.
How does that message get to the Amazon customers of this reseller? There is no chain of sale. What about other products? As the article you linked says - warranties do not pass through retail sales - only the original purchaser can obtain the warranty. That warranty cannot be legally passed on by the reseller to another retail customer - a customer who has a reasonable expectation that goods sold as new are accompanied by a warranty. This is mis-selling.
There are any number of reasons why reselling retail items as new is problematic.
Seller_LKjg1QRrO36Yq
You can resell pretty much anything you legally own, but can you do it legally as a retailer rather than a private seller?
And can you do it without contravening Amazon rules if you are listing retail purchased goods as ‘new’ rather than ‘used/like like new’?
Especially with health/cosmetic/medicine related products, consumers need to be able to trust that they are buying from a reputable source…
Of course Amazon rules do not override the law, but when it comes to selling on their platform, those rules cannot be ignored and I doubt any legal challenge would stand up in this case.
Having said, I think sellers should be banned from selling only if they are deliberately and consistently ignoring the rules. Proving that may be problematic and some innocent sellers will likely get caught up in the system at times…which is another issue.
There are a few different issues here that are being conflated, IMO.
Seller_lljyzgTxr5fgI
Sorry, but you are incorrect. You are quoting an article in law which doesn’t even apply in this case, as others have already advised.
What never fails to surprise me about this place is that when Amazon is in the wrong, Amazon rightly gets the blame. But when sellers are in the wrong, Amazon still gets the blame, which isn’t right. The OP is 100% to blame for this situation…and (I notice)…100% silent since being advised of this.
Seller_rGtEcZnu0JTRD
This is the new Amazon system for ensuring only authorised sellers retail on Amazon, the fact that you are not able to purchase these goods with the barcodes on tells you that you are not authorised, and therefore should not be selling them on Amazon, your products are not authentic as the only ones permitted on Amazon would have the barcodes, and yours do not, it is really as simple as that, and not something that you can possibly defend.
Seller_7LnZEZA2rXjmy
I am just hoping this wont result in a suspension
Seller_ovMH8VuyV3OaR
contact Managing Director at Amazon and Complaints Department as Seller Support an absolute disgrace , i had a similar incident recently 4 month down the line same copy and paste rubbish from Seller support so i have now contacted the above i suggest you do the same letting them know how incompetent Seller Support are managingdirector@amazon.co.uk
Good luck
Seller_WIndmNYDp7rQF
Retail arbitrage is against the rules. Stop Now.
Seller_J2H5GprhaORbt
Good Morning ,
we sell ceramics
from time to time we have a customer complaint that alleges the product is counterfeit .
Could be for a number of reasons , perhaps they just want a free return or the manufacturer has slightly changed the colour.
this has happened to us 6 times in 15 years of trading.
When Amazon send a message , it states with or without test buy.
if they do a test buy , the issue gets resolved straight away
alternatively we send an invoice from the manufacturer and the listed straight away.
Unfortunately and fortunately this is the way Amazon do things and can be pain because no one wants to see that they are possibly being accused of selling fake goods
But it is also what makes Amazon great to sell on as it is trusted by the public.
either way if you have the documentation to prove authenticity . there really is no issue
