Different contractual relationships
First of all one must distinguish legally something fundamental: There is a contractual relationship between the Amazon.de and buyer - and one between Amazon.de and seller. Amazon.de may grant all possible guarantees the buyer as its counterparty and she can look, How would like to Amazon.de.
That alone had once no further effect for me as a seller, because the contracting partner of the purchaser is Amazon.de Yes in this case. And Amazon.de and the buyer can negotiate a contract, of the seller as a third party not having his consent to something undertakes. The conclusion of a contract to the detriment of third parties is ineffective.
No influence on, What guarantees are Amazon
Vice versa, the seller has also no way, on influence to take, whether and on what terms Amazon.de offers a separate warranty buyers, Finally, this guarantee is granted Yes not by the seller.
Since the buyer with the request for A-z guarantee shall all claims against the seller on Amazon.de, occurs Amazon.de in this respect in the legal status of the buyer. Amazon.de may require then so the money by the seller as a recourse, that the buyer has received.
No recourse obligation to Amazon
Although legally not necessarily binding on the seller, the decision from Amazon.de for or against the granting of a guarantee to the buyer is, He is indeed not contractually effective recourse- or. Entered into indemnification against Amazon.
This means, that the warranty must legally does not necessarily justify the recovery of the guarantee. However Amazon.de in its terms and conditions expressly reserves the right to claim:
The terms and conditions of Amazon
“Amazon.de reserves the right, To demand compensation from the seller, If the respective buyer of the item due to an inadequate fulfilment of the purchase contract guarantee is compensated according to the rules of the A to z from Amazon.de.”
And precisely on the basis of these terms and conditions, Amazon.de made regresspflichtig me!
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