Amazon Services Europe Business Solutions Agreement
- Oliver Piroska
- Sep 22, 2023
- 7 min read
The provided text appears to be a segment of the terms and conditions for using Amazon Services Europe Business Solutions, including Selling on Amazon, Fulfilment by Amazon, Sponsored Ads, and Selling Partner API. Here's a breakdown of the key points from this section of the terms and conditions:
**1. Agreement Overview:**
- This agreement outlines the terms and conditions governing your use of Amazon Services Europe Business Solutions. It applies when you access and use these services through your Amazon account. By using these services, you agree to abide by the terms and conditions outlined in this agreement.
**2. Enrolment:**
- To use Amazon Services, you must complete the enrolment process for one or more of the services. You confirm that you didn't rely on any oral or written representations made by Amazon or its affiliates when choosing the service. Use of the services is restricted to parties who can lawfully enter into contracts.
**3. Service Fee Payments:**
- Details of fees are provided in the applicable Service Terms and Programme Policies. You are responsible for all expenses unless specified otherwise. To use a service, you must provide valid credit card information to Amazon Payments Europe or Amazon Payments UK. Amazon has the authorization to verify your information, obtain credit reports, and charge your credit card for any amounts payable to Amazon.
**4. Term and Termination:**
- The agreement's term starts on your registration date for a Selling Service and continues until terminated by either party. You can terminate your use of services at any time with notice to Amazon. Amazon can terminate services with 30 days' advance notice for convenience or immediately in certain circumstances (e.g., material breach, fraudulent activity, account health issues).
**5. Licence:**
- You grant Amazon a licence to use your materials (intellectual property) for the services or other Amazon products or services. Amazon may sublicense these rights to its affiliates and operators of Amazon Associated Properties. However, Amazon won't alter your trademarks without your consent.
**6. Representations:**
- Both parties represent and warrant their legal status, authority to enter into the agreement, accuracy of provided information, compliance with applicable laws, and absence from sanctions lists. Both parties commit to keeping their information accurate and complete.
It's important to read and understand these terms and conditions fully before using Amazon Services. This is just a portion of the agreement, and the full document may contain additional details and obligations.
The text you provided is a section of Amazon's Services Business Solutions Agreement, which outlines the terms and conditions for using Amazon's services as a seller. Here's a breakdown of the key points in this section:
**Indemnification (Sections 6.1 and 6.2):** These sections describe the indemnification obligations of both parties. Sellers agree to defend, indemnify, and hold harmless Amazon from any third-party claims, losses, damages, costs, or liabilities arising from various situations, including non-compliance with laws, product-related issues, taxes, or breaches of representations. Amazon, in turn, agrees to indemnify sellers against certain claims related to its non-compliance with applicable laws or intellectual property rights.
**Limitation of Liability:** Both parties are only liable for damages resulting from willful misconduct or gross negligence. In cases of minor negligence, liability is limited to specific situations, such as injury to life, body, or health, or foreseeable typically occurring damages from the breach of a fundamental contractual obligation.
**Insurance:** Sellers may be required to maintain public third-party liability insurance if their sales exceed a certain threshold. The insurance should cover liabilities related to the operation of the seller's business on Amazon sites.
**Tax Matters:** Sellers are generally responsible for the collection, reporting, and payment of taxes, except when Amazon automatically handles tax calculations or agrees to collect taxes on behalf of the seller. Sellers must also comply with Amazon's tax policies.
**Self-Billing:** Amazon may issue self-billed invoices on behalf of sellers when Amazon purchases their products. Sellers should notify Amazon of any changes in VAT registration or other relevant information.
**Confidentiality and Personal Data:** Sellers are obligated to protect Amazon's confidential information and customer personal data. Amazon is considered an independent controller of customer personal data collected via the services.
**Force Majeure:** Neither party is liable for delays or failures in performing their obligations under the agreement due to reasons or events beyond their control.
**Relationship of Parties:** The agreement emphasizes that sellers and Amazon are independent contractors, not in a partnership or employment relationship. Sellers must not make statements that contradict this relationship.
**Suggestions and Other Information:** Sellers grant Amazon a license to use any suggestions or feedback they provide. Amazon may access and disclose certain information for legal and operational purposes.
**Modification:** Amazon can make changes to the agreement, providing notice in advance. Some changes may take effect immediately for legal, regulatory, security, or other reasons.
**Password Security:** Sellers are responsible for maintaining the security of their passwords and must not disclose them to third parties.
**Miscellaneous:** This section covers various legal and procedural matters, including governing law, dispute resolution, assignment of the agreement, and notice provisions. It also specifies that the English version of the agreement prevails in case of conflicts with translations.
**Definitions:** The section provides definitions for various terms used throughout the agreement, clarifying their meanings.
This section is just one part of the larger agreement, which contains additional terms and conditions that sellers must adhere to when using Amazon's services. Sellers should carefully review the entire agreement and seek legal advice if needed to ensure they understand their obligations and rights when selling on Amazon.
The text you've provided appears to be excerpts from Amazon's "Selling on Amazon Service Terms." These terms outline the rules, obligations, and responsibilities of individuals or businesses selling products and services through Amazon's platform. Here's a breakdown of some key points from the text:
1. **Service Overview**: "Selling on Amazon" is a service that allows users to list and sell certain products and services directly through Amazon's website. This service is operated by Amazon Services Europe S.à r.l.
2. **Payment Processing**: The payment processing service for transactions conducted through Selling on Amazon is governed by separate agreements, such as the "Amazon Payments Europe – Selling on Amazon User Agreement" (APE User Agreement) and "Amazon Payments UK – Selling on Amazon User Agreement" (APUK User Agreement), depending on when you registered and the specific Amazon site you use.
3. **Product Listings and Orders**: Sellers must provide accurate and complete information about their products and ensure compliance with laws and regulations. Certain types of products (Excluded Products) and explicit or infringing materials are not allowed.
4. **Product Listings and Order Processing**: Amazon lists the seller's products, promotes them, and provides order information to the seller. The seller must comply with various requirements, including packaging products adequately and shipping them on time.
5. **Shipping and Handling Charges**: Sellers determine shipping and handling charges based on Amazon's standard guidelines and policies. Different rules apply if the seller uses Amazon's Fulfilment by Amazon service.
6. **Sale and Fulfilment, Refunds, and Returns**: Sellers are responsible for sourcing, selling, fulfilling, and delivering their products, and they must accept and process cancellations, returns, refunds, and adjustments as per Amazon's policies.
7. **Problems with Your Products**: Sellers are responsible for addressing delivery errors, non-conformities, defects, recalls, and safety concerns related to their products. Amazon may intervene to mitigate risks and make determinations about customer refunds or replacements.
8. **A-to-z Guarantee**: If a customer files a claim or dispute related to a seller's product, the seller has a specific time frame to appeal or address the issue. If the claim or dispute is determined to be the seller's responsibility, the seller is liable for reimbursing Amazon for the customer's payment, fees, and expenses associated with the transaction.
These terms are part of the broader Amazon Services Europe Business Solutions Agreement and should be read in conjunction with other relevant agreements and policies. Sellers are expected to adhere to these terms and Amazon's policies to ensure a smooth selling experience on the platform while maintaining customer satisfaction. It's essential for sellers to carefully review and understand these terms before using the Selling on Amazon service.
The text you've provided outlines various terms and conditions related to the Fulfilment by Amazon (FBA) service. FBA is a program that allows sellers to leverage Amazon's fulfillment and shipping services for their products. Here are some key points from the text:
**Fulfillment by Amazon (FBA) Program**:
- This section relates to the use of the FBA service, which is operated by Amazon Services Europe S.à r.l.
**Your Products**:
- Sellers must apply to register each product they want to include in the FBA program. Some products may not be eligible for inclusion.
- Sellers are responsible for providing accurate and complete product information and keeping it up to date.
**Shipping to Amazon**:
- Sellers must ensure that their products are properly packaged for protection during shipment and comply with Amazon's labeling requirements.
- Shipping costs to Amazon fulfillment centers are the responsibility of the seller, including customs duties, taxes, and other charges.
- Amazon may refuse improperly packaged or labeled units, and if returned, the cost may be charged to the seller.
**Storage**:
- Amazon provides storage services for products enrolled in FBA. Sellers are responsible for any loss or damage to their products unless it occurs after Amazon confirms receipt of the delivery.
- Amazon may commingle units with similar products in its fulfillment centers.
**Fulfillment**:
- Amazon will fulfill customer orders for FBA products, including shipping to customers in the Amazon Site Country.
- Products may be shipped separately, and Amazon may combine products from different sellers.
- If participating in export fulfillment services, eligible products may be shipped to foreign addresses within eligible countries.
**Customer Returns**:
- Sellers are responsible for accepting and processing returns of Multi-Channel Fulfilment Units and providing refunds or adjustments as per Amazon's policies.
- Amazon will receive and process returns of Amazon Fulfilment Units and place them back into the seller's inventory.
- In the case of returns of Multi-Channel Fulfilment Units, sellers must direct whether to return or dispose of the units.
**Returns to You and Disposal**:
- Sellers can request the return of units or their disposal at any time.
- If a unit is returned to the seller, it will be sent to the seller's designated shipping address.
- If units are improperly packaged or labeled, Amazon may return them to the seller at the seller's expense or repackage/relabel them and charge an administrative fee.
- Unsuitable units may be disposed of immediately under certain circumstances.
- Sellers should promptly notify Amazon of any recalls or threatened recalls and cooperate in managing the recall process, with costs being the seller's responsibility.
These terms and conditions are essential for sellers using the FBA service to understand their responsibilities and obligations regarding product registration, shipping, storage, fulfillment, and returns. It's crucial for sellers to adhere to these terms to ensure smooth operations within the FBA program.
It appears that you have shared a portion of Amazon's service terms and conditions related to their Fulfilment by Amazon (FBA) program, Sponsored Ads Service Terms, and Selling Partner API Terms. These sections outline various terms and conditions related to using Amazon's services as a seller, including fulfillment services, advertising, and API access. These terms cover topics such as fees, customer service, indemnity, and termination.
If you have any specific questions or need assistance with a particular aspect of these terms and conditions, please feel free to ask, and I'll do my best to provide further clarification or information.
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