AmazonUser
Junior Member
I do have a legitimate argument as to why I was not obligated to return the item. The item was misrepresented and listed in a fraudulent way, and no return label was provided to return the item therefore I am not obligated to have to spend additional money on shipping to support the seller's fraudulent activity.The judge would surely rule against you unless you have a legitimate argument as to why you were not obligated to return the item.
Let's assume that the seller and buyer do have a contractual agreement. Part of that agreement is that the seller and buyer both abide by the rules and policies set down by Amazon where we're conducting business. The seller violated Amazons policies by misrepresenting the item. He listed it fraudulently whether he intended to or not, and is therefore in breach of contract. And the fact that he listed it fraudulently has already been confirmed by not just one, but two rulings from Amazon. His fraudulent misrepresentation of the item put him in breach of contract even before I saw the listing. He was trying to get around the system and he got caught.
And as an aside, if such a case ever did make it into court that challenged the veracity of Amazons A-to-Z guarantee, such a case would be big, big news. Can you imagine the effect on Amazon's sales if suddenly all of their millions of customers found out that the Amazon guarantee is worthless? It would be a huge blow to Amazon's credibility, it would make national news and both parties to the case would become famous. I would think that Amazon would have a very large stake in preventing that from happening.
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