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Amazon Liable for Defective Third-Party Products Rules CA Appellate Court

californiaglobe.com

11–20 of 386 posts

Re: Amazon Liable for Defective Third-Party Products Rules CA Appellate Court

#11
post #2

How did eBay avoid this?

FTA: > The Appellate Court didn’t agree with Amazon’s stance, noting that the product had been listed on Amazon, was stored in an Amazon warehouse, had facilitated payment, and shipped it out in Amazon packaging, proving it to have a hand in getting it to Bolger and thus being liable under California law.

The solution being to make FBA marketers buy stakes in the warehouse until a bunch of dropshipping bloggers own them all.

Re: Amazon Liable for Defective Third-Party Products Rules CA Appellate Court

#12
post #9

Common sense. Amazon want to ‘own’ the customer relationship and go to great lengths to that end then it follows they will have to ‘own’ any liability too. Imagine you went into a retail store with a faulty product and they were to try fob you off saying you need to go to their supplier/wholesaler/manufacturer. It mostly doesn’t work that way thanks to most consumer protection laws in place.

More specifically, the responsibility for chasing down the manufacturer for a refund is shifted onto the retailer, not the consumer.

Re: Amazon Liable for Defective Third-Party Products Rules CA Appellate Court

#13

Earlier quoted context omitted.

FTA: > The Appellate Court didn’t agree with Amazon’s stance, noting that the product had been listed on Amazon, was stored in an Amazon warehouse, had facilitated payment, and shipped it out in Amazon packaging, proving it to have a hand in getting it to Bolger and thus being liable under California law.

The solution being to make FBA marketers buy stakes in the warehouse until a bunch of dropshipping bloggers own them all.

Or amazon just makes it more clear when you’re buying from a non-Amazon party that uses FBA.

Re: Amazon Liable for Defective Third-Party Products Rules CA Appellate Court

#14
post #8
post #7

Earlier quoted context omitted.

You skipped the big point where Amazon makes no promise that you will receive your purchase from the seller you bought from, if you FBA.

Even if you buy from Amazon.com you can get FBA comingled inventory that is counterfeit.

Big fan of Amazon here... I’ve been using Amazon since 1990-something… yet the co-mingling counterfeit items has caused me to stop using it for many items I formally purchased there.

Amazon make inefficient use of truck rolls for delivery, often sending many trucks through my small residential subdivision every day, needlessly delivering one non-urgent item at a time.

This is probably the key competitive challenge facing Amazon today: somehow keep up with the rapid growing overall demand while simultaneously improving execution fast enough to not leave the door open too long for someone else.

Re: Amazon Liable for Defective Third-Party Products Rules CA Appellate Court

#15
bought some wireless earphones from them a while back, the store sold me a knock off. open up a dispute and the owner told me their delivery guy was swaping fake ones for the real ones. took forever to send me new ones. after all that I went to post a review saying that this happened and guess what? my review never saw the light of day

Re: Amazon Liable for Defective Third-Party Products Rules CA Appellate Court

#16
post #10
post #6

Earlier quoted context omitted.

> The Appellate Court didn’t agree with Amazon’s stance, noting that the product had been listed on Amazon, was stored in an Amazon warehouse, had facilitated payment, and shipped it out in Amazon packaging, proving it to have a hand in getting it to Bolger and thus being liable under California law. eBay does not meet the second qualifier and rarely meets the last. Additionally, it is more obviously a marketplace -…

Product had been listed on eBay: Yes Was stored in an eBay warehouse: No, eBay does not have warehouses. Had facilitated payment: Maybe, but eBay typically just links one Paypal account to another Paypal account. eBay does not actually touch the funds. (Paypal has been it's own separate company for awhile now.) Shipped it out in eBay packaging: Unless they're using a service, typically shipping is up to the eBay sell…

PayPal isn’t as much of a thing these days for ebay transactions

Re: Amazon Liable for Defective Third-Party Products Rules CA Appellate Court

#17
post #10
post #6

Earlier quoted context omitted.

> The Appellate Court didn’t agree with Amazon’s stance, noting that the product had been listed on Amazon, was stored in an Amazon warehouse, had facilitated payment, and shipped it out in Amazon packaging, proving it to have a hand in getting it to Bolger and thus being liable under California law. eBay does not meet the second qualifier and rarely meets the last. Additionally, it is more obviously a marketplace -…

Product had been listed on eBay: Yes Was stored in an eBay warehouse: No, eBay does not have warehouses. Had facilitated payment: Maybe, but eBay typically just links one Paypal account to another Paypal account. eBay does not actually touch the funds. (Paypal has been it's own separate company for awhile now.) Shipped it out in eBay packaging: Unless they're using a service, typically shipping is up to the eBay sell…

> Was stored in an eBay warehouse: No, eBay does not have warehouses.

eBay used to have a service where you could take any random junk to their mall kiosk or a FedEx store and eBay would sell it on your behalf. That would pretty much require them to have warehouses.

Is that service dead?

Re: Amazon Liable for Defective Third-Party Products Rules CA Appellate Court

#18
post #16
post #10

Earlier quoted context omitted.

Product had been listed on eBay: Yes Was stored in an eBay warehouse: No, eBay does not have warehouses. Had facilitated payment: Maybe, but eBay typically just links one Paypal account to another Paypal account. eBay does not actually touch the funds. (Paypal has been it's own separate company for awhile now.) Shipped it out in eBay packaging: Unless they're using a service, typically shipping is up to the eBay sell…

PayPal isn’t as much of a thing these days for ebay transactions

It's not? I use PayPal for all my eBay transactions and what few items I sell (abeit rarely) also seem to be paid for via PayPal.

Re: Amazon Liable for Defective Third-Party Products Rules CA Appellate Court

#19
post #8
post #7

Earlier quoted context omitted.

You skipped the big point where Amazon makes no promise that you will receive your purchase from the seller you bought from, if you FBA.

Even if you buy from Amazon.com you can get FBA comingled inventory that is counterfeit.

[deleted]

Re: Amazon Liable for Defective Third-Party Products Rules CA Appellate Court

#20
post #8

Earlier quoted context omitted.

Even if you buy from Amazon.com you can get FBA comingled inventory that is counterfeit.

Big fan of Amazon here... I’ve been using Amazon since 1990-something… yet the co-mingling counterfeit items has caused me to stop using it for many items I formally purchased there. Amazon make inefficient use of truck rolls for delivery, often sending many trucks through my small residential subdivision every day, needlessly delivering one non-urgent item at a time. This is probably the key competitive challenge fa…

I keep seeing these complaints on HN... Is co-mingling a bigger problem in some regions, or have I just gotten consistently lucky? Or maybe I'm a sheep and haven't noticed?

In all honesty, I would appreciate an excuse to stop using Amazon, because the amount that I buy from them compared to any other store makes me uncomfortable. But the co-mingling thing just hasn't come up for me...

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