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_bi8rGHHcLpoVs
This will probably be because they have an exclusive supply contract with Home Bargains. Selling the item on Amazon as new breaks that contract and could cause far reaching issues with both the companies, just for your ‘little bonuses’.
I know you say that the information on Amazon is like a library but you really should go through seller university. Ignore the YouTubers etc, they are the fastest way to get your account suspended. Selling on Amazon isn’t easy.
Good luck.
Seller_KM2No8jybV32S
There is an issue with the law here though that may favour the side of the seller.
As long as you have acquired a genuine product legally and you are not bound by a sales restriction from your supplier then under competition law the manufacturer (nor anyone else) cannot legally prohibit you from reselling the product. I say may favour the seller as it depends on whether or not any contract with Home Bargains prohibits resale (and further if that contract would then be legally enforceable - ie you have to be extremely careful with blanket no resale clauses due to competition law).
Amazon are actually getting themselves into a potential legal minefield by upholding requests from manufacturers with respect to this as it is anti competitive practice. Someone desperately needs to test this in court and establish some case law for it as Amazon’s adoption is in direct contradiction to what the law was designed to achieve.
What is absolutely indefensible in court should it be challenged (from Amazon’s perspective) is the concept that everything is counterfeit which is the actual route Amazon go down.
If we were smart, we’d all chip in 0.1% of our annual sales, get a lawyer on board and mount a joint legal challenge to establish the situation.
Seller_lljyzgTxr5fgI
There is no issue with the law here. This is Amazon’s platform; they can decide on what can and can’t be sold here.
No they’re not. Imagine if you were selling your Wonderman Tools to Home Bargains at £1 each and making 30p on each item. Somebody comes along and buys all of Home Bargains stock and then sells them on Amazon for £2 each, making £1 on each item. You’d be pretty brassed off! I know I would.
No they don’t. “Get rich quick sellers” simply need to follow the rules and maybe listen to some sound advice given to them by sellers with years and years of experience here.
Really? You’ve more chance of seeing Dangermouse riding on the back of Bagpuss on Jupiter. Most sellers just want to get on with selling, within the rules. I don’t want to chip in anything for any legal action against Amazon. I have absolutely no issues whatsoever with selling here (apart from the odd gripe about the dozy changes they make sometimes). Amazon has been my main source of business for 9 years and long may it continue. And I’d wager that you make money from here too, else you wouldn’t be selling here.
Amazon is not perfect, by any measure of satisfaction. However, for most people, it works in the main. If it didn’t, there wouldn’t be so many millions of sellers selling on it.
The OP only has themselves to blame here. They were advised not to go down this route but persisted because they thought they knew better than those who had been here for eons !
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_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
