Amazon selling my brand as sold by and ships from Amazon


#1

Today I found one of my products on Amazon as “Ships from and sold by Amazon.com” with a considerably higher price and Amazon Prime offer of free shipping–and a 1 to 2 month delivery window (which is bad for our brand, we ship daily)

Our items are specialty items and require customer service–which we provide 7 days a week via toll free number. This is why we do not have outside distributors–customers rely on our customer service team to use our products properly and answer technical questions.

Has anyone else had this problem? I have emailed Amazon to ask how they’re stocking our products, so far no reply.

I own the brand, the trademark, and the copyrights. I manufacture the product. I am the sole distributor. I do not have an FBA agreement with Amazon and I ship all my own sales.


#2

What kind of products are they and what category are they listed in?


#3

Welding products, welding supply.


#4

ASIN is B016T04V6S
Name is Cool Blue Heat Paste

I am the sole distributor and manufacturer of this product.


#5

The ASIN would be helpful. We need to know what the product is in order to advise.


#6

Does the ASIN help at all? Has anyone else had Amazon sell their private brand without an FBA agreement?


#7

I have, but I did a test buy and Amazon.com was just selling a cheap ‘not as described’ generic knock off.


#8

I don’t see you as a seller of the item on Amazon. Do you sell it elsewhere? Have you received any large orders recently? Is it available from other stores like Home Depot or Lowes?


#9

This may be a third party seller participating in Vendor Central with Amazon (selling the product to Amazon as a vendor, as opposed to doing FBA), and testing the waters - if they get a sale the 1- 2 month lead time gives them plenty of time to buy it from you.

Or they may be a customer of yours reselling, or a customer who liqudated their inventory to a third party.

If you are not selling on Amazon yourself, the easiest solution may be to sell your own product at your price. Or ship to Amazon FBA.

Although you say the product requires technical support, does it come with a serial number? IF it doesn’t, then you can’t differentiate between product you have sold and product others have sold, so you can’t withhold support from customers.

> I own the brand, the trademark, and the copyrights. I manufacture the product. I am the sole distributor

That all means next to nothing. IF the seller is selling your exact, genuine product, you cannot stop them. Unless you have legitimate grounds to show that the buyer is not getting the same thing - such as support only for customers with serial numbers.

You can look at your supply chain and your customer chain to see where inventory may be leaking from.


#10

How can I do a test buy without violating my seller account.


#11

I sell it on my business’s website. I do not sell it on Amazon. So this item shouldn’t be on Amazon.

I know I’m not a seller, I am wondering why Amazon is selling it


#12

How can they do that? And how can you test buy without violating Amazon’s seller terms?


#13

We are the only seller selling this product, we manufacture it, every sale of this product goes through me and I have records of every sale since 1995. Amazon has 30 for sale right now, there is no way a random customer ordered 30 of this item and resold to Amazon.

We do sell some of our products on Amazon, we do not sell all. Amazon’s fees are too high and their customers are very demanding (we’ve had customers use the entire order, then call us and say “if you don’t give me something free, I will give you bad feedback”)

We sell 5x the amount on our private website as we do on Amazon, so we don’t have to sell all our entire product line here. We sell on Amazon mainly to accommodate international buyers.

We absolutely do not want to ship Amazon FBA. We are completely capable of handling our own sales.


#14

Recently, there have been a few manufacturers posting about this issue. It appears this is a new way scammers are selling counterfeit product on Amazon.

It appears the counterfeiters are selling directly to Amazon via Vender Central. They say they have the branded product and ship Amazon cheap, Chinese crap.

It doesn’t appear anyone has got the stuff removed yet. I believe one has sent legal notices to Amazon already. Search the forums for other sellers with the same problem. There were a few in the past week.


#15

Well OK then.

Since the price is higher than yours, my guess is the seller will order it from your website for resale on Amazon.

Unless you are going to do a test buy or compete against them in the Amazon marketplace, then they will remain free to list your product unless you can prove that they are selling counterfeit.


#16

> Thank you, I’m just going to contact my attorney since Amazon won’t answer my inquiry. If we have to issue a cease and desist, we will.

Make sure to ask your attorney what grounds you need to have before you can allege counterfeit.
As already mentioned, you cannot restrict trade in your items IF they are genuine.

> Amazon already makes so much money off our product sales, I don’t understand why they’re also selling products we don’t sell on here.

Asked and answered, probably a third party seller participating in Vendor Central

> Does anyone know how we can run a test buy that doesn’t violate our seller account?

Why would a test buy violate your seller account?
Test buys are standard practice. The one thing you must NOT do is to leave feedback for the other seller.
IF it turns out to be fake, you then request a return for full refund and report the seller (Amazon) to Amazon.


#17

> So this isn’t an outside vendor selling to Amazon

It almost certainly is - some vendor selling (something) to Amazon, and probably through the Vendor Express system. https://vendorexpress.amazon.com/

The 1- 2 month delivery time gives them time to order through your website

The alternative is that the product is counterfeit, which you will determine through the test buy.

Edited by: CanadaRAM on 25-Jul-2016 2:36 PM


#18

Amazon should suspend itself and require itself to submit a new plan of action so this doesn’t happen again.


#19

LMAO yes. Hah!


#20

Well, if it is Amazon, will you be upset when they order 5000 units at full retail price from your website?