I suspect their argument would be that they are more like a flea market. If you buy something fake or faulty at a flea market then the flea market probably isn’t liable, the seller is. Now, I don’t think this argument holds water, especially in light of Amazon’s practice of combining all of the stock of a single product into one place, regardless of who the seller is, so that there’s no way to know if you’ll actually get product from that seller.