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  1. #1
    Join Date
    Dec 2011
    Posts
    5

    Default Problems With an Amazon Marketplace Merchant

    My question involves small claims court in the state of: CA
    Hey guys, I'm in a tight spot.

    I purchased 7products on Amazon for the total of $3300.00 -- more/less 3 months ago
    The seller and I are located in LA County, and it appears that the seller is in fact a business.

    I received the items as Not as Described, I had a hard time dealing with the seller and eventually we came to an agreement a % re-stocking fee.
    I shipped the items back with Tracking & Signature confirmation.
    The seller then tells me that I shipped him back magazines and that was the last i heard of him.

    I eventually filed a dispute with my bank, and the dispute went forward.
    2 Months after the dispute, the SELLER Re-buttled it causing him to receive both $3300.00 and the 7 Products.
    ( Including : After the Re-Buttle occurred, my bank went Negative. I was then sent to Collections - and now this is getting really stressful.

    I appealed the Rebuttle only to find out my Bank is telling me the appeal is Denied. Since I cant prove what was in the box...

    After finding that out, I went ahead and contact Amazon -- and they're giving me the run around.
    I'm getting the sense that Amazon is not going to be able to do a thing and it's only a matter of time before I hear that from them.

    Now after getting the facts of my situation - I'm understanding that my last resort is Suing the Seller.

    What I'm worried about is, obviously MY OWN bank didn't want to help because i couldn't PROVE what was in the box.
    If I were to take it to Small Claims, would the same question arise from the Judge and cause me to lose the case? " Prove what was in the box "
    How am i suppose to prove that?!

    What is Expected in a small claims situation like this?
    It seems Both I the Buyer and Seller claims are equally balanced since we both cant prove a thing.

    Thank you all for the responses I hopefully receive.

  2. #2
    Join Date
    May 2011
    Posts
    638

    Default Re: Suing Over Amazon Items

    How did you actually pay for the items? You say your bank, but if you had your account debited, I've never had a bank help with that.

    However, I've found Visa/MC very helpful in disputes to the point of charging back the seller. It's too late to give this advice, but we always charge a credit card rather than our bank account for online purchases including PayPal and Ebay and Amazon which are also very unhelpful in my experience.

    1. So which is it - a debit to a bank account or a charge to a credit card?

    2. I didn't quite understand. Did you get a receipt for the return at all such as getting delivery confirmation from the Post Office, or you mentioned that you have an email verifying the seller received the box?

    If #2 is yes, my experience is that judge just might believe you in small claims court. If you have all of your docs about asking for a refund, him telling you to ship, acknowledging receipt of a shipment, etc., it all comes down to what the judge believes. The rules of evidence and procedure are different in small claims court so it's all about what the judge believes.

    If you get a judgment, be sure to send copies of it to Amazon. They might ban the guy.

  3. #3
    Join Date
    Mar 2009
    Location
    LA LA Land
    Posts
    9,170

    Default Re: Problems With an Amazon Marketplace Merchant

    Quote Quoting Time4PlanB
    View Post
    After finding that out, I went ahead and contact Amazon -- and they're giving me the run around.
    I'm getting the sense that Amazon is not going to be able to do a thing and it's only a matter of time before I hear that from them.
    I'm not sure what would constitute "the runaround" by Amazon. I think if your claim is legit, and if you pre-qualified your return as one that Amazon will accept returns on (see * below), and had you done it within the prescribed period set by Amazon, I see no reason whatsoever why Amazon would run around or in any way refuse to offer you a full refund.

    From Amazon's website, "

    Quote Quoting AMAZON
    * Amazon.com does not accept returns of the following items:

    • Items that are classified as hazardous materials or use flammable liquids or gases
    • Computer laptops, desktops, and Kindles more than 30 days after delivery
    • Any product missing the serial number or UPC
    • Downloadable software products
    • Gift cards
    • Pay As You Go (or prepaid) phone cards
    • Prepaid game cards (World of Warcraft, Xbox 360 Live, Wii Points, etc.)
    • Items purchased from sellers other than Amazon.com
    • Some Jewelry orders
    • Some Health & Personal Care items
    • Grocery products

    If i were to guess, the facts of your experience with Amazon can (and should) be part of the focus by the small claims court.

    Additionally, you mentioned purchasing 7 items. Its easy to assume that all 7 were from the same seller but, were these 7 items purchased at the same time? Were they shipped by the seller under one package?

    Quote Quoting Time4PlanB
    View Post
    What I'm worried about is, obviously MY OWN bank didn't want to help because i couldn't PROVE what was in the box.
    If I were to take it to Small Claims, would the same question arise from the Judge and cause me to lose the case? " Prove what was in the box "
    How am i suppose to prove that?!
    Neither you nor the seller can prove what was in the box. So I think the end result is not likely to depend on a review of that final stage of the process. Instead, a full review of the entire transaction and all its details will be required and it will basically end up being a matter of who the judge will believe more. This will include credibility while dealing with each other as well as with any other parties involved in the process.

    This will require a full review of the items that you ordered, a specific outline describing how each item was listed on Amazon. a full print out of each item's online ad. A description of the items you received and how is it that they, in your opinion, differ from, or "are NOT as described" in the advertisement. I think if the seller had made any attempt to be deceitful in his/her ad, even being slightly or intentionally vague might be the ultimate determining factor. Alternatively, the same qualifier will apply to your descriptions and statements.

    Quote Quoting Time4PlanB
    View Post
    What is Expected in a small claims situation like this?
    Small Claims courts are set up with the mindset to make it easy for self help litigants to get their disputes settled fairly. So the process is far from the formal setting you might find in civil court. But honesty, credibility and the truth are still the basis for any outcome!

    Good luck!

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Problems With an Amazon Marketplace Merchant

    The thread is from 2011, so I expect the need for luck has come and gone.

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