A court decision in California has just determined, on appeal, that Amazon is liable when a product from the Marketplace arrives damaged. Until now Amazon has transferred its responsibility to third-party sellers in the Marketplace.
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It is therefore now official: Amazon can no longer force you to make arrangements with third-party sellers when you receive damaged products ordered on the marketplace. Amazon Marketplace is a section of the Amazon site that allows third-party sellers to sell new or used products at often very attractive prices – alongside regular Amazon offers.
Amazon will no longer be able to make arbitrary decisions against sellers
Thanks to Amazon Marketplace, small third-party sellers have access to Amazon’s customer portfolio. The relation is also gagnante for Amazon that can complete its catalog without investing itself, or build up stocks. The platform meets with enormous success, both on the side of Internet users who shop there and on the side of sellers. However how Amazon mediates customer-seller relationships has long been the target of criticism.
Indeed, Amazon places all liability for damages on sellers. This can have a very hard impact on these companies. In addition, there are sometimes vague and contradictory rules that lead to decisions that are perceived as arbitrary. What buyers say is often taken at face value by the platform, which can make decisions without actually carrying out the usual checks.
Or, once a company is banned from the platform, it has no recourse. As a result, companies are sometimes themselves forced to admit mistakes they did not make in order to keep the right to sell on the platform. Some sellers also hijack the rules that protect sellers to cause their competitors to suspend.
Also read: Amazon France will pass the Gafa tax on to Marketplace sellers
In July 2019, a first decision had decided that the responsibility of the platform could be retained in place of the sellers for the sales made via the sellers of the marketplace. The California Court of Appeal today confirmed this judgment. Judge Patricia Guerrero points out that “Under the aegis of the principles of strict liability, Amazon can be held responsible if a product sold through its site proves to be defective”.
Source : Mashable
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