Small Claims Action
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Seller_W8eSvWihXwrAN

Small Claims Action

Has anyone tried to sue using the small claims clause in section 19 of the seller agreement?

https://sellercentral.amazon.com/gp/help/1791?language=en_US&ref=ag_1791_cont_521

If so, how did it work out?

Amazon has agreed that they owe me 600 bucks but they refuse to pay and are no longer even answering my e-mails. This has gone on for months.

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300 replies
Tags:Payments
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300 replies
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Seller_W8eSvWihXwrAN

In a previous thread someone suggested that if one were to sue Amazon that Amazon would ban one for life from selling on their website.
I suspect that action on Amazon’s part would be a violation of the Uniform Commercial Code, although I’m not sure the exact code number.
It certainly seems like it would be a breach of contract since the Amazon seller agreement itself suggests this legal remedy.

Thoughts?

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Seller_VPTojhikJPGtl

What EXACTLY were you banned for? If IP Infringement, No, They owe you nothing and you will never get your $600, It’s clearly spelled out in the ToS You clicked “I Agree” to

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Seller_VPTojhikJPGtl

I wish you Good luck.

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Seller_cu1Lr54OxusWw

Have you tried jeff@amazon.com yet ?

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Seller_jSTMew9JJ4EO8

The Amazon Services Business Solutions Agreement you agreed to:

  1. Indemnification.
    You release us and agree to indemnify, defend, and hold harmless us, our Affiliates, and our and their respective officers, directors, employees, representatives, and agents against any claim, loss, damage, settlement, cost, expense, or other liability (including, without limitation, attorneys’ fees) (each, a “Claim”) arising from or related to: (a) your actual or alleged breach of any obligations in this Agreement; (b) any of Your Sales Channels other than Amazon Sites and Amazon Associated Properties, Your Products (including their offer, sale, performance, and fulfillment), Your Materials, any actual or alleged infringement of any Intellectual Property Rights by any of the foregoing, and any personal injury, death, or property damage related thereto; © Your Personnel (including any act or omission of Your Personnel or any Claim brought or directed by Your Personnel); or (d) Your Taxes. You will use counsel reasonably satisfactory to us to defend each indemnified Claim. If at any time we reasonably determine that any indemnified Claim might adversely affect us, we may take control of the defense at our expense. You may not consent to the entry of any judgment or enter into any settlement of a Claim without our prior written consent, which may not be unreasonably withheld.

Edit: That last sentence is what is important to you and as @Oneida mentions above.

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Seller_jSTMew9JJ4EO8

Personally, based on that indemnity clause, do not think you would have a small claims case be upheld.

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Seller_MGDk6qQuyZlLm

You need to talk to an attorney and get his input. You might only be able to take Amazon.com to court in King County, Washington, or in jurisdictions where Amazon has assets that could be seized or have liens placed against them to satisfy a judgement (if a court rules in your favor).

If you have not gone through Arbitration, then you might not be able to pursue any action in court because you failed to exhaust administrative remedies. Since time is passing, you had better act quick, before the administrative time limits and civil statutes of limitation make any actions against Amazon impossible.

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Seller_SGJMVVArDhgaw
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Seller_1EskFdm7jscEo

Do you have this in writing from Amazon or has your communications all been verbal?
I know you are frustrated, we all can feel your frustration.
An approach that might be more successful is to ask Payments for the date that your credit was posted to your account. I haven’t looked at payments in a while but if there is a transaction number they can give you. A Date and transaction number with the exact amount they owe you.

I do everything in writing with Amazon, even though it might take me a little longer to get the results.

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Seller_Xpktjspu2oF5C

Close the book and move on.

Myself and others selling on here do and have lost more than 600 per year from BS. Our staff BURNS more than $600 in labor a year just following up on INRs.

You are just creating anxiety for yourself, you agreed to the TOS and have no legs to stand on because of that.

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