I had a noot battery that went bad under warranty. I contacted noot and got a brand new replacement. Not knowing what to do with the battery (no longer use the phone) I've listed it in the amazon marketplace. I'm not really looking to make money, just get it to someone that can use it.

Today i got this email via amazon marketplace -

Quote
Danny Smith
To whom it may concern,

We are contacting you regarding the following items you are selling, here are the ASIN:

B00HVLNST6

Please remove all noot brand listings, noot brand is a trademark of noot products. We have reported other sellers to amazon and these sellers have been removed by Amazon. THIS IS OUR LAST WARNING.

how should i respond to this? should i respond at all? i'd prefer to ignore it but i think amazon might close my seller account without recourse. at the same time i have no idea whether this is legitimate.

thoughts?

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call Amazon seller support, explain the situation, see what they say. Even better, contact Amazon seller support by the Web Site (I think you can paste this on the web site) so that you have w written record of what you told them, and what they told you.

Were you listing it as New or Used? I can see a company claiming that you are not an authorized dealer if selling New, but for a used item it seems like a stretch, how else can you describe the product without using the name.

Imagine Toyota going after every used car ad for one of their products.

What are the listings that may be in question? I have run into this before and I just removed the listings rather than run afoul. The Amazon store folks will shut you down if you do not comply.



Edited 1 time(s). Last edit at 08/12/2015 04:45PM by john dough.

relist it as:
NEWT phone battery for blah-blah. Brand new & guaranteed. yada yada

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Close your listing temporarily, but then contact Amazon like space-time suggested.

Noot is trying to kill competition.

Though they may not tell you, the basis for their action (I'm guessing) is your item may be counterfeit or does not come with a warranty (such as a 'new' item would).

Tell Amazon you obtained this item directly from Noot (attach a copy of your receipt/invoice/email from Noot showing this as being a warranty replacement item that is brand NEW and obtained from Noot).

Then telll Amazon you would like assurance from Amazon that you can sell this item as new, without threat of action from Noot or Amazon.

Tell Amazon if it's the 'warranty' that is an issue, that you will provide a warranty yourself (and state in your "Condition" that you will provide the warranty for the item and state that the warranty is good for the same amount of time Noot's warranty is).

If you do all this, I don't think Noot can force Amazon to close your listing.

"This is a Newt, or Nute battery. Certainly, absolutely, positively NOT at Noot battery..."

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Quote
ztirffritz
"This is a Newt, or Nute battery. Certainly, absolutely, positively NOT at Noot battery..."

Then the buyer will request a refund for item not as described.

They are probably talking about a claim of infringement ( [www.amazon.com] ) . If so, assuming your item is genuine and you listed appropriately then doctrine of first sale applies and your listing should remain up, so they really shouldn't initiate a takedown for this reason. From what you said, they have already done so successfully to other sellers, so I wouldn't count on them agreeing with your position.

You can report your badly-behaving competitor at: [sellercentral.amazon.com]

Here's a relevant thread (about a different seller and a similar situation) on the Amazon boards a couple months ago: [sellercentral.amazon.com]

Quote
GGD

Quote
ztirffritz
"This is a Newt, or Nute battery. Certainly, absolutely, positively NOT at Noot battery..."

Then the buyer will request a refund for item not as described.

And another seller, or Noot itself, will report your listing as not matching the ASIN.

Trying to be cute with alternatives to the name would seem as though you've some knockoff product and you're trying to fool someone into buying what they think is a genuine Noot®.

First step is to ask Amazon WTF, over.

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here is the listing

[www.amazon.com]

matt, AKA kimebook on amazon, it is not worth the trouble for $1.99. You can offer it here on the forum instead. Not that I agree with the message from noot, I think they are wrong, you should have the right to re-sell it on Amazon, but again, is it eve worth your time to fight this? only if you feel like it is a matter of principle, otherwise focus your energy on preparation for the child.

You have it listed as condition "New" - Amazon requires for that condition "Original manufacturer's warranty, if any, still applies, with warranty details included in the listing comments." I see Noot offers a warranty but their website doesn't specify if that applies to the original owner or not. Since you aren't a dealer, it may not be transferable, and that may be (part of) their beef. If you want to keep it listed, it may be worth validating if the warranty transfers, and updating the condition as appropriate to reflect comments about the warranty, or changing it to Used - Like New.

I don't think it would be fair to listed as Used, but you are probably right TL.

However, if mattkime says (in the listing comments) that he'll cover the warranty, would that not be enough?

The truth of the matter is if Amazon barred (assuming our interpretation of the rule is correct) the listing of items as "New" by sellers who aren't "Authorized Dealers", then they would lose a SIGNIFICANT (as attested to by them) revenue source stemming from their third party marketplace sellers, of which the bulk (I'd think) are small time sellers/private individuals like mattkime. They do NOT want to see this happen. They have the best/successful (by far) third party marketplace. If this is indeed a rule, then they are willingly turning a blind eye to the situation, only addressing it on an individual basis, so they don't turn their whole boat over.

Frankly I can't see why warranties wouldn't be transferrable. They should almost legally be required to do so. Maybe there's something I'm overlooking.

They should almost legally be required to do so.

But they aren't, probably in most states.

Many warranties state that they are for the original owner, only.

And to put it mildly, I don't think matt offering to cover the warranty is a particularly smart idea.

matt was given a replacement battery under warranty. I can understand Noot's lawyers possibly saying it's not a New for retail sales battery. That makes sense to me. In fact, it could be a refurbed battery in that box.

I don't see where Amazon explains the problem. It's a guess but might the distribution agreement/Authorized Sellers thing might be a thing.

Pull the sale, call it used, and explain in the text what it is, how you got it. You should get an explanation from Amazon, regardless.

As someone else might say- that's a lot of agita for $1.99.

---

I am that Masked Man.

All you can do, is all you can do.

There’s trouble — it's time to play the sound of my people.

Your boos mean nothing to me, I've seen what you cheer for.

Insisting on your rights without acknowledging your responsibilities isn’t freedom, it’s adolescence.

I've been to the edge of the map, and there be monsters.

We are a government of laws, not men.

Everybody counts or nobody counts.

When a good man is hurt,
all who would be called good
must suffer with him.

You and I have memories longer than the road that stretches out ahead.

There is no safety for honest men except
by believing all possible evil of evil men.

We don’t do focus groups. They just ensure that you don’t offend anyone, and produce bland inoffensive products. —Sir Jonathan Ive

An armed society is a polite society.
And hope is a lousy defense.

You make me pull, I'll put you down.

I *love* SIGs. It's Glocks I hate.