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MShore Law
MShore Law, Attorney
Category: Business Law
Satisfied Customers: 25285
Experience:  Drafted Negotiated and/or Reviewed Thousands of Commercial Agreements
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Hi, I am a licensed retailer of fine wine and liquor in CT,we

Customer Question

I am a licensed retailer of fine wine and liquor in CT,we also sell on .
Amazon disabled our shoppingfeed without any warning by email or phone on or
about January 10th 2013 .All of a sudden our website traffic dropped by half and consequently our business dropped considerably. I contacted them by January 21st
and was told ,that some of our product listing does not meet their guidelines , and if I would remove them , then my website would be put back on their website .
Their were about a handfull of items , namely liquor items that were shaped
like a gun or rifle and items that had whipped cream that was infused with alcohol.
We removed all those items from the shoppingfeed and were promised that our website would be represented on Amazon within 24 hours .We also pointed out to them that there were other retailers who had those items on their website , and why there was this double standard and why we were singled out? We contacted them again the following day,and they were not responding to our emails anymore . We tried calling them by phone and were promised we would be up the following day , because they couldn't find any fault .
Our company is being singled out for no appearant reason , and we would like to sue them for the loss of business and discriminataion .
Do we have a case ? Please help us.
Thank you,

Submitted: 2 years ago.
Category: Business Law
Expert:  MShore Law replied 2 years ago.
Thank you for the post, I am happy to assist you by answering your questions. Do you allege that the basis of you being singled out is due to race or gender? Also, does your agreement with amazon allow the company to disable your shopping feed in its sole discretion?
Customer: replied 2 years ago.

no its not discrimination based on race or gender , but perhaps of our success with them . also , Amazon is planning in the near future to sell alcohol themselves alongside retailers who pay them on a per click basis .

i am assuming , they are trying to get rid of their most successful retailers.

i do not know , if they can disable my shoppingfeed at their sole discretion

Expert:  MShore Law replied 2 years ago.
Do you have access to your amazon agreement?
Customer: replied 2 years ago.

"Amazon Services and its affiliates reserve the right to refuse service, terminate accounts, or remove or edit content in their sole discretion."

Expert:  MShore Law replied 2 years ago.
thank you, in ligh tof this language and that it is a commercial agreement it would be difficult to successfully argue that the modification of your account is a breach of the contract entered into with the merchant. You therefore need to have a basis that is grounded in either discrimination or alleges that Amazon breached the contract and therefore the ability to modify your account is a voidable act as the contract is no longer binding. Another angle could be that the selective enforcement of the provision of the contract makes it unenforceable against you. Please let me know if this does not answer your question or you have any follow up questions.
Customer: replied 2 years ago.

but there are other retailers like me , who still have those prohibited items on their website , does this not constitute discrimination of some form?

why is there this double standard , why are we singled out ?

Expert:  MShore Law replied 2 years ago.
It constitutes an arbitrary application of the site rules, further, all discrimination is not unlawful, it must be based on race, gender, religion, etc. simply preferring one merchant or several is not an unlawful form of discrimination unless the basis of such preference is again gender, race, religion, etc. I really cannot answer why you are being singled out, only the company's personnel could explain that. However, I am happy to answer any follow up questions that I can.

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