When you buy from a third-party seller on Amazon, Amazon says it is not the seller and not responsible for problems with that product — your legal claims would be against the individual seller, not Amazon.
This analysis describes what Amazon's agreement states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability and practical outcomes may vary by jurisdiction, enforcement context, and individual circumstances. Read our methodology
This provision allocates responsibility for third-party seller conduct and product quality to the individual sellers rather than to Amazon as the platform operator. It establishes the contractual basis for Amazon's limited liability regarding transactions between users and third-party merchants on the platform.
Consumers who buy defective, counterfeit, or dangerous products from Marketplace sellers may find Amazon disclaims responsibility for those products, leaving them with limited recourse against a potentially unreachable overseas vendor.
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Marketplace Models are not provided by Replicate and Replicate does not control and has no liability for any Marketplace Models, including their security, functionality, operation, availability, or interoperability with the Services or how the Marketplace Models use your Content. Use of any Marketpl...
THE SERVICES ARE PROVIDED 'AS IS.' EXCEPT TO THE EXTENT PROHIBITED BY LAW, WE AND OUR AFFILIATES AND LICENSORS MAKE NO WARRANTIES (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE) WITH RESPECT TO THE SERVICES, AND DISCLAIM ALL WARRANTIES INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTIC...
To the maximum extent permitted by applicable law, Kit shall not be liable for any indirect, incidental, special, consequential or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting ...
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"Amazon operates a platform for third-party sellers. Amazon is not the seller of record for items sold by third parties on Amazon.com. When you purchase items sold by third parties, you are purchasing from those third parties and not from Amazon. Amazon is not responsible for examining or evaluating, and does not warrant, the offerings of any of these businesses or individuals or the content of their websites.— Excerpt from Amazon's Amazon Conditions of Use
REGULATORY FRAMEWORK: Amazon's characterization as a 'platform' rather than 'seller' is contested under multiple regulatory frameworks. The FTC Act Section 5 and state UDAP statutes apply to deceptive practices in Marketplace transactions. California courts in Bolger v. Amazon.com LLC, 53 Cal.App.5th 431 (2020) held Amazon liable as a distributor in the chain of commerce for defective Marketplace products under California's strict products liability doctrine, directly contradicting this disclaimer. The EU Platform-to-Business (P2B) Regulation (EU 2019/1150) and EU Digital Services Act (DSA, Regulation 2022/2065 Art. 6) may impose due diligence obligations on Amazon as an 'online marketplace' that override this disclaimer for EU users.
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This provision allocates responsibility for third-party seller conduct and product quality to the individual sellers rather than to Amazon as the platform operator. It establishes the contractual basis for Amazon's limited liability regarding transactions between users and third-party merchants on the platform.
Consumers who buy defective, counterfeit, or dangerous products from Marketplace sellers may find Amazon disclaims responsibility for those products, leaving them with limited recourse against a potentially unreachable overseas vendor.
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