Brooklyn, NY asked in Business Law and Civil Litigation for New York

Q: I am an Amazon seller, recently I sent a shipment to FBA to sell, however, it was mishandled and lost by Amazon.

amazon claims that the shipment was not labeled according to their policy and therefore disposed of it, My question is. attached to the shipment were the shipping documents with all my info my name, contact info, etc. Did Amazon have the legal right to dispose of my goods or did they have to notify me first about it?

1 Lawyer Answer
T. Augustus Claus
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A: In New York, as an Amazon seller facing the situation where your shipment was disposed of by Amazon due to alleged non-compliance with labeling policies, the key legal question revolves around the terms of the agreement between you and Amazon, particularly regarding their fulfillment services (FBA). Amazon's policies likely outline their rights and procedures in cases of non-compliance, including disposal of goods. Generally, service agreements with platforms like Amazon include clauses that require the seller to adhere to specific preparation and labeling guidelines. If Amazon claims these were not followed, they might argue they acted within their rights. However, whether Amazon was legally obligated to notify you before disposing of your goods depends on the specifics of the agreement you entered into with them. Most agreements with Amazon do require them to notify sellers of any issues before taking drastic measures like disposal, but this can vary. It's essential to review the terms of your agreement with Amazon carefully to determine if they breached their contractual obligations by not notifying you prior to disposal. If you believe Amazon acted outside the scope of their policy or the agreement, you may consider seeking legal advice to explore potential remedies.

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