Yesterday I posted here in the first part about my Problems with the Amazon A-z-Guarantee as Seller reported on Amazon Marketplace. I then got to the bottom of the matter legally. And the legal construction is unfortunately quite tricky.

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Different contractual conditions

First of all, one has to distinguish between the legal and the essential: there is a contractual relationship between Amazon.de and buyer - and one between Amazon.de and seller. Amazon.de can offer the buyer as his contractual partner every guarantee possible and which can look as Amazon.de would like.

This alone would have had no further impact for me as a seller, because the contractual partner of the buyer is in this case Amazon.de. And Amazon.de and the buyer can not negotiate a contract, which the seller as a third party without his consent to something committed. The conclusion of a contract at the expense of third parties is ineffective.

No influence on what guarantees Amazon gives

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Conversely, the seller also has no way to influence whether and under which conditions Amazon.de gives buyers an independent guarantee, after all, this guarantee is not granted by the seller.

As the buyer with the request A-z-Guarantee assigns all claims against the seller to Amazon.de, Amazon.de assumes the legal position of the buyer in this respect. Amazon.de can then do this as a recourse from the seller Money claim that the buyer has received back.

No recourse against Amazon

The decision by Amazon.de for or against the granting of a guarantee to the buyer is not necessarily legally binding for the seller, since he has not entered into any contractually effective recourse or indemnification obligation towards Amazon.

This means that the guaranty of the guaranty does not have to be a legal requirement for the recovery of the guarantee. However, Amazon.de reserves the right to recourse in its terms of participation expressly:

The terms and conditions of Amazon

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“Amazon.de reserves the right to demand damages from the seller if the respective buyer of the item fails to fulfill the contract of sale in accordance with the Regulate will be compensated by the A to Z guarantee of Amazon.de.”

And exactly because of these conditions, Amazon.de made me regressful!

What happens when items are lost during shipping?

Anyone who sells books on the Amazon marketplace, even as a private seller, can face difficulties if items are lost during shipping, for example. Because Amazon then refunds the buyer Costs – and then simply keeps them from the buyer. Arbitrary or legally correct?

Since the 18. June 2007 Amazon.de is apparently no longer willing to stay on the cost of the A-to-Z-Guarantee applications, because since then it is on Amazon.de according to fixed specifications that apply to products not received. The question of how binding these specifications are, I will pick up again below.

Is the seller liable for recourse?

I started nevertheless complaining to Amazon.de, with all objections, which would have existed also against the buyer, if this had not claimed the guarantee performance of Amazon.de and its rights had not assigned to Amazon.de.

However, I had now exclusively deal with Amazon.de and no longer deal with the buyer - which has hardly simplified the matter.

What are the arguments?

An argument from me: Amazon.de has already given the buyer the guarantee “on first call”, without checking in detail whether there is a legal claim at all.

Therefore, I was given no opportunity to the post-fulfillment (eg by sending it again), although I offered it several times to the buyer and then Amazon.de and the procedure provided for in the law for the assertion of deficiency claims has not been complied with.

What does Amazon say?

The counter-argument of Amazon.de in one eMail the press office read:
“In this case, the A-to-z guarantee applies and unfortunately we cannot offer a subsequent delivery if the Customer insists on fulfilling the guarantee.”

Who must pay the shipping costs?

Another argument: I relied on § 447 BGB according to which the buyer under certain conditions - and the goods were according to information from a lawyer certainly given - carries the shipping risk.

Because the Civil Code does not see any for non-commercial providers engagement reserves the right to bear the shipping risk, ie to provide compensation for shipments that have not arrived, regardless of fault on your part. All I would have to do is prove that I packed and sent the shipment properly.

Is insured shipping necessary?

For Amazon.de, however, this proof is only considered to be provided if the shipment insured was sent – ​​an employee explained to me over the phone. And only if I had proved that I had actually sent my book (and had written this when Amazon.de asked me for a statement) would Amazon.de have been open to discussion.

However, legally insured shipping would not be required to prove that the book was actually sent. It would also be possible to prove this by means of testimonies or documents from the transport companies involved.


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