Legal Question in Business Law in Missouri

Hello, and thank you for this service ... I sold an item on Amazon and was paid. Although the item was exactly as described (a Maschine music production device, sold "like new" with software) and I even had the software license legally transferred to the buyer, the buyer told Amazon it "didn't work". The buyer then requested, and automatically received, a refund via their A-Z Guarantee. The funds were withdrawn from our seller account. Now the buyer refuses to return the merchandise and states that they were told by Amazon that they "didn't have to return anything." On its Seller Central website, Amazon does, in fact, state that they do not obligate the buyer to return the merchandise after receiving an A-Z Guarantee refund. So my questions are: Is this really legal? This cannot mean that I have no right to recover my merchandise, does it? If I do have that right, how do I pursue it? Is Amazon acting within their rights to refund money from my account and then tell a buyer that they need not return the merchandise? This defies logic and I cannot believe that Amazon can legally be what appears to be a middleman to fraud. In any event, I am most anxious to hear any answers you may have and to pursue it, if possible. Thank you, again ...

Asked on 7/24/16, 1:48 pm

1 Answer from Attorneys

Anthony Smith LawSmith

Unless your seller. Agreement prevents it, you can sue the buyer for the price of the item. You might first offer to send a prepaid or postage guaranteed box for the item to be returned to you. Unless, Amazon shipped the item for you, they probably are not obligated to get tge item returned to you. Look at your seller agreement, to see if you can also sue Amazon. I suspect that you may have an arbitration agreement within your contract.

Good luck

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Answered on 7/25/16, 9:58 am

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