Doesn’t matter at all.
Go in and DELETE the ASIN as soon as possible. Hopefully you are selling FBM and NOT FBA. If you are FBA do a withdrawal order immediately before you lose the merchandise as well as any funds in the account.
As the others have said, if you are/were selling them as NEW once the brand sends an IP infringement notice to Amazon your account is toast under their new ‘death penalty’ process with regard to all IP violations.
Thank you!
Have you seen those contracts? No. You are guessing here.
STOP, Save yourself. Stop assuming. Delete the “new” items from your inventory.
So you purchased these items third hand. That’s the point here.
That doesn’t mean they have the authorization for you to sell the brand on any Market place, especially Amazon, as they are really strict.
Thanks for the insight. So, how do retail arbitragers sell items as brand new all the time? Are they just lucky that the brands never go after them?
YES. It is NOT an invoice from an authorized wholesale source.
Amazon isn’t playing games any longer and the brand has fired a ‘friendly’ warning shot at you. Your Amazon account is in serious danger at this point.
New RA/OA sellers DON’T get away with it.
The Guru’s that promote this business model either have very old accounts that Amazon tends not to look at for violations, don’t stock items deep, know brands to stay away from, and/or got out of selling a long time ago and now just make money off of people paying them for the business model, or the ad revenue from their youtube videos.
And any SMART ones (oxymoronic statement) do NOT do any FBA so they don’t risk their merchandise as well as their accounts when they do eventually get caught.
Thank you for the info. Do you mean that Amazon would have less problems if I sell them as used? According to the brand’s email, that’s not what they want. They wanted to remove the listing all together. Frankly I didn’t create this listing. Someone have sold this product along with me as well. Even if I pull off, other guys in line will continue to sell
Maybe. It depends.
I buy some product directly from manufacturers. No problems there.
I buy other product from distributors that the manufacturers work with directly because they don’t want to deal with all the smaller purchasers. Usually no problems, as the distributors have all the rights and permissions to resell this product, so my supply chain is secure.
If I bought product from someone, anyone, who legally owned the product but did not have explicit permission from the manufacturer to resell the items, I would still legally own the items, but I would not have a valid supply chain to prove authenticity. This applies to end users who bought something at Target and doesn’t want it equally as massive liquidators who don’t have resell rights.
So it boils down to what kind of rights from the manufacturer/rights holder the liquidation company you purchased from has, and I wouldn’t bet on that going in your favor.
If you sell the item as used, you are not claiming a valid supply chain. That changes a lot, especially from Amazon’s perspective.
You don’t know what agreements other sellers have with the brand owner.
Your listing is for new items. If you had used items listed, you would likely not be facing this issue.
100000% less problems.
But you listed on it, and choose “NEW” so you at the end of the day are at fault.
Don’t worry about other people’s account, PROTECT YOURS.
And you don’t know what agreements the other guy has with the brand. Maybe he has a contract with them that allows them to sell under MAP. That’s nothing for you to worry about.
Again, doesn’t matter. YOU are responsible for every ASIN you post on whether you created it or not.
HINT –
Spend hours/days on Seller U and read the Forum(s) (HERE will be more straightforward than on Amazon) to see all the really creative ways rookies and experienced sellers find to get suspended by ignoring the advice above!
Thanks for the warning. Will do. I didn’t realize it’s this serious on Amazon. How about Walmart? I also sell this item on Walmart as well. Please advise.
Thank you. Will do. I didn’t realize it’s this serious on Amazon. How about Walmart? I also sell this item on Walmart.com as well. Please advise.
Thanks. How about Walmart? I also sell this item on Walmart as well.
Just as strict.
Anyplace that you are selling something as new and you do not have any way to fulfill any warranties (you don’t) it will be a problem for you.
There is a chain of custody in a supply chain. The authorized dealer buys inventory for sale to the pubic from an authorized distributor, who buys from the manufacturer. If you don’t have the documentation from one of those points of purchase, then you have broken chain of custody.
An example would be buying 8 pallets of Disney plushies from FedEx as part of a damaged goods liquidation. Are the items legit? Ya. Is the supply chain legit? Absolutely not. Is FedEx a multi billion dollar company that had a contract with Disney? Yes. Is your chain of custody the same as actual Disney dealers… Absolutely not, as FedEx is not able to give you permission to sell Disney on Amazon or in general. You might as well have bought these for donation to a children’s hospital in my example. A swap meet/flea market/FB marketplace is where this kind of inventory shows up.
In the eyes of a modern “supply chain” you might as well have unopened returns, counterfeit, etc.
Thank you so much for the clarification. It’s my false for calling them “liquidation”. I bought it from a distributor like Home Depot. However Home Depot still needs to have to resell rights for me to resell items purchased them them, right?
Home Depot is a retailer. They sell items, and give receipts. That is not the same as buying from a distributor and getting an invoice. Home Depot does not sell to other hardware store as a regional supplier.