Dear friends I am asking for your help and any advise. On June 27/2024, I received a letter in the post box about an consumer who claimed Amazon and me on court ( please see the attachments bellow), can you please read and advise me what to do in this case.
Unfortunately, I was unaware of this case until June 27, 2024 when I sow first time on my hands this papers. Then I called Seller Support and I was trying to find out more information about this case and try to understand what happened. When I spoke with The Supports they informed me that Amazon closed the case and that the customer received no refund. Customer Service close the case because buyer open a case for damaged product but not for counterfeit product and after investigation they close the case.
To be clear I buying the products just from official distributors in UK.
I took off my company name for confidential.
I tried searching for cases like this, but I was unable to locate any. If you could help advise me on how to handle this, I would be very grateful.
I think its one of these who is trying on as they must know sellers must have insurance now. What a nightmare. But if the listing was not created by you, its matching EAN and is same as per listing should be no issues. As well as if its been fulfilled by amazon, so Amazon takes all responsibility for customer service, so they should deal on this on they behalf.
Reading it briefly and going by the fact that there was misspelling on the item, something that a genuine item is unlikely to have, it seems to me that you did sell fakes. If you were not, you can defend it that way but it may be hard.
But in summary, and I am not a lawyer and do not understand the law, I don’t see any grounds for the claim.
The person is a consumer and has not suffered any material loss other than the cost of the item itself.
They are not the manufacturing company who could claim they have suffered financially or damage to their brand.
This is chancer. They could well be a law student who think that they know the law.
Defend, defend, defend.
And then, when all done, find out why your distributor is selling you fakes.
There will be more and more of these cases now in the UK, because anything under 1k Amazon just pay out and claim, over 1k compensation will have to go through insurance, which will be a proper crap. You will get more and more people trying it.
Was the product the same but foreign language on box? Sounds a bit like a rival seller by the tone of the description and experience they talk about. Definitely take legal advice.
I can tell you that this is a frivolous attempt and the buyer won’t be getting a penny. The consumer is entitled to return the item for a full refund - which they refused to do and they also refused to take pictures. They haven’t suffered a £5,000 loss. The judge would laugh at them. It doesn‘t work like this - you pick a wealthy defendant, make up a case and then get free money. Hire a lawyer to file a defense for you - stating that the product was genuine, the customer failed to provide proof of inauthenticity, failed to return the item and that the customer’s desciption of injuries is vexatious and fraudulent. They will be required to reimburse your legal costs.
