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{Replica} Anti-Amazon Initiative founded: Legal aspects when selling on Amazon Marketplace
By Simone Janson (More) • Last updated on October 14.12.2012, XNUMX • First published on 14.12.2012/XNUMX/XNUMX • So far 4285 readers, 1157 social media shares Likes & Reviews (5 / 5) • Read & write comments
On best of HR - Berufebilder.de® has been forming for some time Resistance against Amazon. Because unfortunately there are some legal uncertainties when selling via Amazon Marketplace, which I would like to describe briefly below.
Important sales information is missing at Amazon
A majority of the Problems, like you on Best of HR – Berufebilder.de® are discussed, result from the fact that the external Seller in Amazon's system architecture cannot make important information sufficiently clear to the consumer.
For example, according to § 5 of the Telemedia Act, online retailers are also obliged to use the provider identification (imprint) on Amazon. light recognizable, directly accessible and constantly available.
Imprints
This engagement the online retailer cannot on the order overview page on account because there is no link to the seller's imprint anywhere.
The only link “Imprint” leads to the Amazon imprint, which can give the impression that it is not the online retailer but the Amazon seller.
Terms and information in distance contracts not possible
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.
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
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.
In addition, it must be pointed out that, from a legal point of view, when selling via Amazon, it is not the Customer the contractual partner is Amazon, which in turn also enters into a contractual relationship with the buyer.
Unprecedented complications
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.
Here writes for you
Simone Janson is publisher, Consultant and one of the 10 most important German bloggers Blogger Relevance Index. She is also head of the Institute's job pictures Yourweb, with which she donates money for sustainable projects. According to ZEIT owns her trademarked blog Best of HR – Berufebilder.de® to the most important blogs for careers, professions and the world of work. More about her im Career. All texts by Simone Janson.
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3 Responses to “{Replica} Anti-Amazon-Initiative founded: Legal aspects when selling on Amazon-Marketplace”
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That may be a text, super important, what Amazon is doing there is really an absurdity. Thanks a lot for this!
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Hello community, I sold my iphone at amazon in UK, why in UK because the iphone o2 UK had simlock and I could not unlock from Germany. the guy was thrilled, the thing was pretty good and the prepaid card for unlock hb i also included. then it started first he asked me for my password for itunes, allegedly he couldn't change account e-mail iphone was reset. then he said the battery doesn't last too long, so the 3gs are known for it then he gave me an enthusiastic rating, I finally thought quiet. and yesterday on March 26.03th he went to the appel store because the thing allegedly didn’t make a mess ... and exchanged it for a refurbished one for 55 GBP and today came a guarantee A-z Request I sent position statement in the article description was 14 days right of return granted more than a month has passed amazon says succinctly the buyer has the right to get the money without having to send the item back. cool right? it is already clear what happens next the a ***** ch gets his money and I gave my iphone away and allows the bastard to get a new device with a 3 month guarantee for 55gbp isn't it great?
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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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