Section 3 - Counterfeit - Appeal Denied
I am writing to seek help about a Section 3 ban that has been appealed multiple times without success. I am being accused of selling counterfeit product and I have provided documentation proving that is incorrect. It appears like my documentation is not even being reviewed. I have provided:
- The front and back of my driver's license
- A properly formatted invoice from a wholesale distributor
- The credit card statement on which it was purchased
- A BILL.com receipt translating the amount from the invoice plus credit card processing fees to the amount on my credit card statement
- A copy of my business license
- Tracking information from the wholesaler to FBA
- A business checking bank statement where my funds are deposited
- My EIN confirmation letter (which has my name on it since my business license does not)
- Invoices from other users on the account
- Pictures of the product
I did not violate Section 3 and I did not sell a counterfeit product. And I do not want to accept this violation because it is wrong and there is evidence to the contrary.
Can someone from Amazon help me navigate this?
Thanks in advance,
-Brian
3 replies
Seller_0rXAME9V4LQSx
A wholesaler can not give you permission to resell an item that they don't own the rights to.
I copied this from Its_all_Nuts_again. He has probably made the best answer on this subject.
This comes up too often, so I packed it all in one …..
Lot's of confused people here when it comes to Amazon's invoice/LOA requirements! (If a LOA was requested it MUST be provided and state permission to sell the brand ON AMAZON)
This usually confuses people that didn’t read Amazon’s policies (often also law) on sourcing, invoice requirements and Intellectual property.
Do you need a LOA (Brand's letter of authorization for you to sell their brand on Amazon) to list a product?
No, according to Amazon "in writing", you just need a distributor invoice showing you purchased 10 items of the same product to get approved to sell most brands
Can I get approved to sell items I purchased retail? Yes, sure, Whatever gets you to pay fees.
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So why would I suddenly need a LOA and my invoices are not accepted?
Because as soon as there is a complaint, from a buyer or competitor, claiming your item is not authentic,
Amazon will now request and demand... brand approved distributor invoices for everything you sold in the last year! And frequently along with that, they now want to see your LOA.
Amazon "assumes" you are authorized to sell the product, but they don't ask. They actually don't mind you to sell however you can and pay your fees, but will throw you under the next passing bus, at the first sign of trouble. While that sounds pretty mean, it really only catches up to sellers that didn’t waste the time to read laws and policies, before starting to run a business. The information has always been there. You agreed when you signed up that you understood all the policies. You just didn’t actually read them, who does…
That means without LOA and proper distributor invoice, your account will remain suspended for selling "counterfeits", for all affected products, any sales proceeds in your account will be confiscated and any products you have at FBA and cannot produce these documents for, will be destroyed as counterfeit.
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How is buying from Cosco/Wallmart/ not allowed?
To proof authenticity, one has to look at the supply chain.
From Brand to authorized distributor, from distributor to retailer from retailer to end consumer.
That supply chain ended, when you purchased it at retail. The manufacturer lost all control over the product at THAT POINT, the sale to you, the END CONSUMER. Since nobody can control if the product you are reselling is the actual product you got a receipt for, the supply chain (and authenticity) cannot be validated.
That also means all warranties and product backing also ends with you, holder of the receipt (not an invoice!!), and your product cannot be resold as new, as it now lacks that FULL warranty time (at least) and manufacturer backing. A new products MUST include all warranties
So what can I do now?
Honestly? Likely nothing, unless you have the required paperwork. You can try to go to Amazon’s seller university and watch the videos and then write an appeal apologizing and telling them what you did wrong, how and what you have learned now and that you will never list items again you are not authorized to sell.
Problem is, they will want to know how and where you will source your products in the future and unless you have a legit business, you wont get a wholesale account and brand approval easily. But you will need a distributor and a LOA to go with your appeal.
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So what do they need in my invoice to proof my items are authentic?”
INVOICES
Copies of invoices, receipts or other similar documents that demonstrate where your products are produced or manufactured
You invoice should include
• detailed list of products (at least 10 per item, Product name, model number or UPC that can be verified online)) ,
• terms of sale (net30/net60/cash..)
• must be by the brand itself or a brand authorized distributor (not a retail store for the general public, not some back door pallet seller wanna be distributor )***
• your full business name and address, as entered in seller central
• a COMPLETED transaction ( order shipped),
• suppliers full name and contact details, (e-mail, phone or both)
• Should reflect the sales volume of your product across all Amazon marketplaces in the last 365 days
• Should demonstrate your product’s full supply chain
***Should include contact information for the supplier(s) and the original manufacturer. We may contact suppliers or manufacturers to verify the documents
Your documents should be able to trace your products to the original manufacturer even if you did not purchase them directly from the original manufacturer. This may require requesting additional invoices or supply chain documentation from your supplier if you are not sourcing directly from the manufacturer.
Stevie_Amazon
Hi there @Seller_KvIFhQMa3l4Fr,
Thank you for utilizing the Seller Forums!
I understand your account has been deactivated due to violation to Section 3 of Amazon's Business Solutions Agreement.
As per that section of this agreement, "We may terminate your account or this Agreement for convenience with 30 days’ advance notice. We may suspend or terminate your account or this Agreement 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; (c) your use of the Services has harmed, or our controls identify that it might harm, other sellers, customers, or Amazon’s legitimate interests; (d) your Account Health Rating falls below our published threshold(s) for deactivation; or (e) if we are required to do so by law. 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."
When counterfeit goods are listed, this is a clear violation of the agreement in addition to Amazon Intellectual Property policies, state, federal, and local laws.
The information you provided might not have been verifiable. Amazon does make an attempt to validate all information to ensure accuracy and authenticity.
- From where did you source your products?
- How did you verify that this supplier is authorized to sell the items or if they were sourcing from another authorized supplier?
- Were they sourcing from the brand directly?
- Were you sourcing from the brand directly?
These questions are designed to help you pinpoint the root cause of the issue.
If you would like, please provide a copy of the performance notifications you have received after removing personal information.
The Forums community and I are here to support you,
Stevie.
