AGCM

PRESS RELEASE

ONLINE SALES AND CONSUMERS’ RIGHTS: A 300,000 EURO FINE IMPOSED ON TWO OF AMAZON’S COMPANIES

With reference to online sale procedures of consumer goods, the ICA imposed two sanctions amounting respectively to 80,000 Euros and 220,000 Euros on Amazon EU Sàrl and Amazon Services Europe Sàrl, for infringing the new law on Consumers’ Rights.

At the end of the proceedings, launched in July 2015 on the basis of many complaints filed by consumers, the Italian Competition Authority found that the two companies had not provided, or had provided inadequately, relevant information during the purchase phase; in particular: mandatory pre-contract information and information concerning conformity legal guarantees provided for by the Consumer Code. This conduct was carried out both in case of direct sale and in case of sale through Amazon’s marketplace (and therefore, through third party sellers).

The investigation proved that, in case of direct sale, Amazon Eu Sàrl did not adequately provide users, before contractual obligations and in an easy and accessible way, with a specific pre-contract document offering information concerning rescission and related terms and exclusions, the existence and conditions of a post-sale customer service, besides a remind on legal guarantees.

Moreover, the ICA ascertained that, as regards sales on the marketplace, Amazon Services Europe Sàrl did not provide consumers with an adequate pre-contract document offering information concerning the trader’s actual identity, the role carried out by Amazon in the transaction, withdrawal and product return, pre and post sale customer service guaranteed by third parties, as well as a remind on legal guarantees.

According to the ICA’s opinion, the lack of information during the purchase phase on the marketplace was even more relevant in the cases in which consumers, although purchasing a product on the website www.amazon.it, came to know about the actual contractual counterpart only when they found a defect of product conformity or inefficiency when using the product. In fact, Amazon simply stated its non-involvement in contracts between third party sellers and consumers, thus remaining unconnected with related complaints.

However, during the proceedings, the two companies adopted the corrective measures provided, improving the informative documents at consumers’ disposal during the purchase phase.

Rome, 7 April 2016