Anti-Amazon-Inititative founded: legal aspects when selling on Amazon-Marketplace



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We are moved by the idea to make the world of work more human - without constant pressure for efficiency, stress and fear. As Publisher Best of HR - Berufebilder.de® with podcast, eLearning-on-demand offers and news service we share 15 years of experience with our customers (Samsung, Otto, state institutions). By the Top20 female blogger and consultant Simone Janson, referenced in ARD, ZEIT, Wikipedia .
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At Best of HR – Berufebilder.de® Resistance to Amazon has been forming for some time. Unfortunately, there are some legal uncertainties when selling via Amazon Marketplace, which I will briefly describe below. Anti-Amazon Initiative Established: Legal Aspects When Selling On Amazon Marketplace Anti-Amazon-Based Initiative: Legal Aspects When Selling On Amazon Marketplace

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Here writes for you: Simone Janson is a publisher, German Top20 blogger and HR communication consultant. Profile

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Important sales information is missing at Amazon

Overview

Much of the problems as you go on Best of HR – Berufebilder.de® This results from the fact that the external vendor in the system architecture of Amazon can not sufficiently identify important information to the consumer.

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For example, according to § 5 of the Telemedia Act, online merchants are also obliged to use Amazon to identify the provider (imprint) easily, immediately and constantly available.

Imprints

Overview

This obligation can not be taken into account by the online merchant on the order overview page, since there is no link to the seller's imprint.

The only existing link "Imprint" leads to the imprint of Amazon, which may give the impression that it is not the online retailer, but Amazon seller.

Terms and information in distance contracts not possible

Overview

Also the legally prescribed information in the case of remote sales contracts and contracts in the electronic traffic can provide a seller at Amazon to the consumer only inadequate.

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The online retailer can store the relevant information in his shop, but this is not required by the buyer when ordering goods.

Similarly, it also looks with its own terms and conditions and also the order overview page does not meet the requirements of German law.

Amazon is based in Luxembourg

Overview

An additional problem is that the German-language website Amazon.de is operated by Amazon EU Sa rl in Luxembourg and therefore is more difficult to grasp for German law.

It should also be pointed out that the sale via Amazon is legally not the customer of the contract partner but Amazon, which in turn enters into a contractual relationship with the buyer.

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Unprecedented complications

Overview

Even this construction can lead to unforeseen complications in legal disputes. Not least because of such problems, the overall rather poor support or incidents in which Amazon suddenly closes user accounts without giving any reason, is now resisting Amazon Marketplace.

For serious eCommerce business models the Amazon volume is rather not recommended.


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  1. Markus Zuziak

    That may be a text, super important, what Amazon is doing there is really an absurdity. Thanks a lot for this!

  2. simon the sorcerer

    Hello Community, sold my iphone to amazon in UK why in UK because the iphone o2 UK had simlock and I could not lure from germany. the guy was thrilled, the thing was pretty good and the prepaid card for unlock hb i also settled. then it started at first he asked me for my password for itunes, allegedly he could not change the e-mail account Iphone was reset. then he said battery does not last so long, so the 3gs are known then he has missed me an enthusiastic review, I thought finally rest. and yesterday at the 26.03 he went to appel store because the thing was not murks murks ... and for 55 GBP exchanged for a refurbished gerär and today came warranty Az application I have sent a position acceptance in article description was 14 days given the right of return is already over a month passed amazon says lapidar the buyer is right to get the money without having to send artihel back. cool? is it clear what happened to who weter the a ***** ch gets his money and I have given away my iphone and the bastard allows a new device with 3 months to get warranty for 55gbp is not it great?

    • Simone Janson

      Hello Simon, this is bitter. Well, it can really be that the cell phone has broken then, but nevertheless, Amazon has behaved as is also described in the article. I can not afford legal aid, unfortunately my only help here is the legal way, which unfortunately is made even more difficult because the buyer sits abroad. Good luck.

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