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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3495
Experience:  Solicitors 2 years plus PQE
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Customer Question

We are manufacturers who sell our products at trade prices to various customers (i.e. distributors, wholesalers and retailer chains) in UK/Europe. These customers sell our products either on the Internet or to retail shops.

Question: Is it legal for our customers to sell directly to Amazon without our permission, so our products are Sold by Amazon and Fulfilled by Amazon? Also, is it legal for Amazon to sell like this without our permission, considering our brand identity?
Submitted: 3 years ago.
Category: Law
Customer: replied 3 years ago.
Relist: I still need help.
This is a different question to my other question.
Expert:  Nicola-mod replied 3 years ago.
Hello,

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Nicola
Expert:  Nicola-mod replied 3 years ago.
Hello,

I apologize as we have not yet been able to find a Professional to assist you. Do you wish for me to continue to search for someone to assist you or would you like for us to close your question at this time?

Thank you for your patience,
Nicola
Customer: replied 3 years ago.


Hi Nicola,


 


Yes, I will wait as I need an aswer on this question.


 


Thanks,


 


Mark

Expert:  Nicola-mod replied 3 years ago.
Hello Mark,

We will continue to look for a Professional to assist you.

Thank you for your patience,
Nicola
Expert:  Nicola-mod replied 3 years ago.
Hello Mark,

I apologize as we have not yet been able to find a Professional to assist you. Do you wish for me to continue to search for someone to assist you or would you like for us to close your question at this time?

Thank you for your patience,
Nicola
Customer: replied 3 years ago.


Hi Nicola,


 


Yes, please keep looking.


 


Thanks,


 


Mark

Expert:  Nicola-mod replied 3 years ago.
Hello,

We will continue to look for a Professional to assist you.

Thank you for your patience,
Nicola
Customer: replied 3 years ago.


Thank you...

Expert:  Nicola-mod replied 3 years ago.
Hello,

We are continuing to look for a Professional to assist you.

Thank you for your patience,
Nicola
Expert:  Alex J. replied 3 years ago.
Hi

Thank you for your question.

Do you currently have restrictions on who the customers can and cannot sell to?

Kind regards

AJ
Customer: replied 3 years ago.

Hi AJ,


 


Currently, we do not have any restrictions for our customers; they can sell to whoever they like.


 


Thanks,


Mark


 

Expert:  Alex J. replied 3 years ago.
Hi,

Thank you.

There is nothing to actually stop these people selling your products to Amazon.

What specifically are you concerned about? Is it the way they are using your logo?

Kind regards

AJ
Customer: replied 3 years ago.

Hi AJ,


 


We are concerned because we cannot identify which of our customers is selling (i.e. supplying) to Amazon, allowing Amazon to sell and fulfil our products. Amazon will not inform us of who is supplying them.


 


Thanks

Expert:  Alex J. replied 3 years ago.
Hi,

Thank you.

Just so I understand, does this cause damage to your brand as you cannot effectively administer your customer service?

Kind regards

AJ
Customer: replied 3 years ago.

 


Hi AJ,


 


Yes, it does damage our brand because Amazon lowers their pricing to get all the orders and our customers who are also selling in Amazon (not directly to Amazon) cannot compete with the low Amazon pricing. Also, Amazon will damage our brand with low prices. I believe if Amazon is directly selling and fulfilling they would have to support customer service.


 


Thanks,


 


Mark


 

Expert:  Alex J. replied 3 years ago.
Hi,

Thank you.

I am afraid there is not really much I can do to assist you with this.
We have previously discussed terms and conditions that restrict who your distributors can sell to. It will cost you £750 plus VAT to have a solicitor draft the terms and conditions for you in such a way that they are specifically aimed at brand protection and not restraining trade. In my opinion that really will be money well spent.

The problem is you cannot retrospectively impose these conditions in relation to supply batches you have already made. Therefore before you supply anyone else (including existing customer) with further products you should try and get some new terms and conditions sent out asap and let them know they will be bound by them so at least your customers will be bound by them going forward.

Kind regards

AJ
Customer: replied 3 years ago.


Hi AJ,


 


Thank you for your information we will seek a solicitor as advised.


 


Mark

Expert:  Alex J. replied 3 years ago.
Hi,

No problem.

I wish you the best of luck.

Please do not hesitate to contact me with any follow up points.

Kind regards

AJ
Customer: replied 3 years ago.


Thanks for your help,


 


Regards,


 


Mark

Expert:  Alex J. replied 3 years ago.
Hi,

Thank you.

No problem.

Kind regards

AJ

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