Summary of Amazon Services Europe Business Solutions Agreement
- Oliver Piroska
- Sep 22, 2023
- 3 min read
The provided text is a summary of the General Terms and the Selling on Amazon Service Terms. These terms outline the agreement between sellers and Amazon when using Amazon's services to sell products on their platform. Below is an explanation of the key points in these terms:
**General Terms:**
1. **Enrollment:** To use Amazon's services, sellers must complete the registration process, adhere to legal requirements, and provide necessary information. Sellers should not rely on oral or written representations made by Amazon employees.
2. **Service Fee Payments:** Sellers are responsible for all expenses related to the agreement unless stated otherwise. Sellers must provide valid credit card information to Amazon Payments Europe (APE) and authorize APE to charge the card for sums payable. Payments are made in accordance with the APE User Agreement.
3. **Term and Termination:** The agreement begins upon registration and can be terminated by either party. Amazon may terminate with 30 days' notice or immediately under certain conditions. Termination ends related rights and obligations, except for pre-termination obligations, specific surviving sections, and responsibilities for liabilities accrued.
4. **License:** Sellers grant Amazon a license to use their materials for Amazon services, including sublicensing these rights to affiliates and operators of Amazon properties. Amazon agrees not to alter seller trademarks (except resizing) and will comply with removal requests.
5. **Representations:** Both parties represent that they have the necessary rights and authority to enter into and perform the agreement. They agree to comply with applicable laws.
6. **Indemnification:** Sellers are required to defend and indemnify Amazon against third-party claims related to non-compliance with laws, products, taxes, or breaches of representations. Amazon will defend and indemnify sellers against claims related to its non-compliance with laws or alleged infringement of third-party intellectual property rights.
7. **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 injury and foreseeable damages from the breach of a fundamental contractual obligation.
8. **Insurance:** Sellers must maintain public third-party liability insurance if their proceeds from Amazon sales exceed a certain threshold or if requested by Amazon.
9. **Tax Matters:** Sellers are responsible for collecting, reporting, and paying their taxes unless Amazon handles this on their behalf. All payments to Amazon are exclusive of applicable taxes.
10. **Self-Billing:** Amazon may issue self-billed invoices on behalf of sellers for products purchased. Sellers must notify Amazon of any additional information required by law or changes to VAT registration.
11. **Confidentiality and Personal Data:** Sellers must protect confidential information received during the use of services. Customer personal data handling is subject to data protection laws, and sellers must comply with confidentiality and security requirements.
12. **Force Majeure:** Amazon is not liable for delays or failures caused by factors beyond its control.
13. **Relationship of Parties:** Both parties are independent contractors. The agreement does not grant rights to third parties. Sellers are responsible for third-party service obligations.
14. **Suggestions and Other Information:** Amazon has a royalty-free license to use feedback or materials provided by sellers. Amazon may access and disclose user information for legal, security, and operational purposes.
15. **Modification:** Amazon provides notice for changes to the agreement. Immediate changes can occur for legal, regulatory, safety, security, or feature-related reasons. Sellers can terminate the agreement if they find changes unacceptable.
16. **Password Security:** Sellers are responsible for the security of provided passwords.
17. **Miscellaneous:** The agreement is governed by Luxembourg law. Amazon has the authority to take action to stop transactions, restrict access, or remove listings that violate program policies. The English version of the agreement prevails in case of conflicts with translations.
**Selling on Amazon Service Terms:**
These terms specifically pertain to sellers participating in Selling on Amazon and cover product listings, orders, fulfillment, refunds, returns, compensation, and tax matters related to sales on Amazon's platform.
If you have any specific questions or need further clarification on any of these points, please let me know.
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