Amazon.de Conditions of Use and Sale

Last updated on 18.11.2022

Amazon Europe Core SARL, Amazon EU SARL and/or their affiliates ("Amazon") provide website features and other products and services to you when you visit or shop at Amazon.de (the "website"), use Amazon products or services, use Amazon applications for mobile, or use software provided by Amazon in connection with any of the foregoing (collectively "Amazon Services"). Amazon provides the Amazon Services and sells our products to you subject to the conditions set out on this page. Amazon.de is the trading name for Amazon.

Conditions of Use

Please read these conditions carefully before using Amazon Services. By using Amazon Services, you signify your agreement to be bound by these conditions. We offer a wide range of Amazon Services, and sometimes additional terms may apply. When you use an Amazon Service (for example Your Account, Gift Cards or Amazon applications for mobile), you will also be subject to the terms, guidelines and conditions applicable to that Amazon Service ("Service Terms"). If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control.

1 PRIVACY

Please review our Privacy Notice and Cookies & Internet Advertising.

2 ELECTRONIC COMMUNICATIONS

When you use any Amazon Service or send e-mails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. We will communicate with you electronically in a variety of ways, such as by e-mail, text, in-app push notices or by posting e-mail messages or communications on the website or through the other Amazon Services, such as our Message Center. For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide you electronically satisfy any legal requirement that such communications be in writing, unless mandatory applicable laws specifically require a different form of communication.

3 COPYRIGHT, AUTHORS' RIGHTS AND DATABASE RIGHTS

All content included in or made available through any Amazon Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads and data compilations is the property of Amazon or its content suppliers and is protected by Luxembourg and international copyright, authors' rights and database right laws. The compilation of all content included in or made available through any Amazon Service is the exclusive property of Amazon and is protected by Luxembourg and international copyright and database right laws.

You may not extract and/or re-utilise parts of the content of any Amazon Service without our express written consent. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation any substantial parts of the content of any Amazon Service, without our express written consent. You may also not create and/or publish your own database that features substantial parts of any Amazon Service (e.g. our prices and product listings) without our express written consent.

4 TRADEMARKS

Visit our help page Amazon Trademarks to see a list of Amazon trademarks.

In addition graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Amazon Service are trademarks or trade dress of Amazon. Amazon's trademarks and trade dress may not be used in connection with any product or service that is not Amazon's, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Amazon. All other trademarks not owned by Amazon that appear in any Amazon Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Amazon.

5 LICENCE AND ACCESS

Subject to your compliance with these Conditions of Use and applicable Service Terms and your payment of any applicable fees, Amazon or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable licence to access and make personal and non-commercial use of the Amazon Services. This licence does not include any resale or commercial use of any Amazon Service or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Amazon Service or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.

All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by Amazon or its licensors, suppliers, publishers, rights holders, or other content providers. No Amazon Service, nor any part of any Amazon Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent.

You may not frame or use framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout, or form) of Amazon without our express written consent. You may not use any meta tags or any other "hidden text" utilising Amazon's names or trademarks without our express written consent.

You may not misuse the Amazon Services. You may use the Amazon Services only as permitted by law. The licences to use Amazon Services granted by Amazon terminate if you do not comply with these Conditions of Use or any Service Terms.

6 YOUR ACCOUNT

If you use any Amazon Service you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer and your mobile devices, and to the extent permitted by applicable law you agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be used in an unauthorised manner. You are responsible for ensuring that the details you provide us with are correct and complete, and for informing us of any changes to the information you have provided. You can access and update much of the information you have provided us with, including your account settings, in the Your Account area of the website.

You must not use any Amazon Service: (i) in any way that causes, or is likely to cause, any Amazon Service, or any access to it to be interrupted, damaged or impaired in any way, or (ii) for fraudulent purposes, or in connection with a criminal offence or other unlawful activity, or (iii) to cause annoyance, inconvenience or anxiety.

We reserve the right to refuse any Amazon Services or terminate accounts if your behaviour gives justified reason to do so. This will in particular be the case if you are in breach of applicable laws, applicable contractual provisions, our guidelines or our policies, which are all accessible on the website. Notwithstanding any such limitation or termination, you will continue to have access to content and services purchased by you up to that point.

7 REVIEWS, COMMENTS, COMMUNICATIONS AND OTHER CONTENT

Visitors may post reviews, comments and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions or other information, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, constitute a communicative attack against children/adolescents, impair the personal integrity of children/adolescents, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam". You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. We reserve the right (but not, in the absence of a valid Notice Form, the obligation) to remove or edit such content. If you believe that your intellectual property rights are being infringed by an item or information on any Amazon Service, please notify us by completing and submitting the appropriate Notice Form and we will respond.

If you post content or submit material, and unless we indicate otherwise, you grant: (a) Amazon a non-exclusive, royalty-free and fully sublicensable and transferable rights to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media; and (b) Amazon, its sublicensees and transferees the right to use the name that you submit in connection with such content, if they choose. No moral rights are assigned under this provision.

You agree that the rights you grant above are irrevocable during the entire period of protection of your intellectual property rights associated with such content and material. To the extent permitted by law, you agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content. You agree to perform all further acts necessary to perfect any of the above rights granted by you to Amazon including the execution of deeds and documents, at our request.

You represent and warrant that you own or otherwise control all of the rights to the content that you post; that, as at the date that the content or material is posted: (i) the content and material is accurate; and (ii) use of the content and material you supply does not breach any applicable policies or guidelines of Amazon and will not cause injury to any person or entity (including that the content or material is not defamatory and does not impair the personal integrity of children/adolescents). You agree to indemnify Amazon for all claims brought by a third party against Amazon arising out of or in connection with the content and material you supply except to the extent that any liability arises from our failure to properly remove the content when it is notified of the illegal nature of the content (Notice Form) arising out of or on the grounds of, or originating from the content that you have communicated to us.

8 INTELLECTUAL PROPERTY CLAIMS

Amazon respects the intellectual property of others. If you believe that your intellectual property rights have been used in a way that gives rise to concerns of infringement, please follow our Notice and Procedure for Making Claims of Right Infringements.

9 AMAZON SOFTWARE TERMS

In addition to these Conditions of Use, the terms found on the help page Amazon Games and Software Terms of Use apply to any software (including any updates or upgrades to the software and any related documentation) that we make available to you from time to time for your use in connection with Amazon Services (the "Amazon Software").

10 OTHER BUSINESS

Parties other than Amazon operate stores, provide services, or sell product lines on this website. In addition, we provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their websites. Unless explicitly stated otherwise in these Conditions of Use, the below Conditions of Sale or the Service Terms, Amazon does not assume any responsibility or liability for the actions, product, and content of all of these or any other third parties. You can tell when a third party is involved in your transactions, and we may share your information related to those transactions with that third party. You should carefully review their privacy statements and other conditions of use.

11 THIRD PARTY SELLERS AND AMAZON'S ROLE

Amazon allows third party sellers to list and sell their products at Amazon.de. In each such case this is indicated on the respective product detail page. While Amazon helps facilitate transactions that are carried out on the Amazon Marketplace, Amazon is neither the buyer nor the seller of the seller's items. Amazon provides a venue for sellers and buyers to negotiate and complete transactions. Accordingly, the contract formed at the completion of a sale for these third party products is solely between buyer and seller. Amazon is not a party to this contract nor assumes any liability arising out of or in connection with it nor is it the seller's agent. Except stated below in this section, the third party seller is responsible for the sale of the products and for dealing with any buyer claims or any other issue arising out of or in connection with the contract between the buyer and seller. Because Amazon wants the buyer to have a safer buying experience, Amazon provides the Amazon A-to-z guarantee in addition to any contractual or other rights.

Please note that some third party sellers may be selling as private individuals and not as professional traders. In each case this information is indicated on the Detailed Seller Information page (which you can access by clicking on the seller’s name) and is based on information provided by the seller to Amazon. If a seller is not a business, please note that your normal statutory rights under consumer protection laws (for example, 2-year or 3 years warranty rights, depending on the country, and the right to cancel your order without giving any reason within 14 days) will not apply. However, the Amazon A-to-z guarantee and our voluntary 30-day returns guarantee will still apply in this case.

If the third party seller’s items are indicated as Fulfilled by Amazon, Amazon will manage the delivery and our customer service will handle any issue related to the order. For more information, specifically on how to resolve disputes in these particular cases, see the help page Fulfilled by Amazon.

If the third party seller’s items are not indicated as Fulfilled by Amazon the seller will manage the delivery of your order. For more information see the help page Ordering from a Marketplace Seller. The seller will also handle any customer services inquiries, except if it is indicated that customer service is provided by Amazon or if your order is marked with the Amazon Prime badge.

12 OUR LIABILITY

We will do our utmost to ensure that availability of the Amazon Services will be uninterrupted and that transmissions will be error-free. However, due to the nature of the internet, this cannot be guaranteed. Also, your access to Amazon Services may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. We will attempt to limit the frequency and duration of any such suspension or restriction.

Amazon is liable without limitation if damage is caused by an intentional or gross negligent breach of duty by Amazon or one of its legal representatives or vicarious agents.

In addition, Amazon is liable for slight negligent breach of essential obligations. Essential are those obligations the breach of which puts at risk the achievement of the contractual purpose, or the performance of which enables the fulfillment of the contract and is regularly trusted on by you. In this case, Amazon however is only liable for foreseeable damage typical of the contract. Amazon is not liable for slight negligent breach of any other obligations than those mentioned in the previous sentences.

The aforementioned limitations of liability do not apply for damages from injury to life, body or health, for a defect after a guarantee for the condition of the product of for fraudulently concealed defects. The liability under the German Product Liability Act remains unaffected.

To the extent the liability of Amazon is excluded or limited, such exclusion or limitation also applies to the employees, legal representatives or vicarious agents of Amazon.

13 APPLICABLE LAW

These conditions are governed by and construed in accordance with the laws of the Grand Duchy of Luxembourg, and the application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. We both agree to submit to the non-exclusive jurisdiction of the courts of the district of Luxembourg City, which means that you may bring a claim to enforce your consumer protection rights in connection with these Conditions of Use in Luxembourg or in the EU country in which you live. The European Commission provides for an online dispute resolution platform, which you can access here: https://ec.europa.eu/consumers/odr/ [external link]. We prefer to solve your requests in direct contact with you and therefore do not participate in alternative consumer dispute resolution proceedings. If you would like to bring a matter to our attention, please contact us.

14 EXPORT CONTROLS

You agree that you will not export, re-export, or transfer any products (including software or other digital products) that you have purchased on the website to any country, individual, corporation, organization, or entity to which such export is restricted or prohibited by law. For example, economic sanctions and embargoes imposed by the European Union, the United Nations, US Departments of State, Treasury or Commerce, and other government authorities (such as embargoes imposed on specific countries, or economic sanctions imposed on individuals or companies for terrorism or money laundering offences) may prohibit you from taking products to other countries, even for your own personal use, and/or sending products (whether physically by mail or digitally via email or file-sharing) to particular individuals, corporations, organizations or entities. In addition, you agree that you will not purchase any product or service from the website if you are subject to restrictive measures (sanctions).

15 ALTERATIONS TO SERVICE OR AMENDMENTS TO THE CONDITIONS OF USE

You will be subject to the Amazon Services, policies, terms and conditions including these Conditions of Use, and Service Terms in force at the time that you use the Amazon Services. If you should have an Amazon account, and provided that such change does not constitute an unfair disadvantage for you, we may change the policies, terms and conditions including these Conditions of Use and Service Terms, or any part of it, at any time for the following reasons: for legal or regulatory reasons; for security reasons; to enhance existing features or add additional features to our Services; to reflect advancements in technology; to make reasonable technical adjustments to our Services; and to ensure the ongoing operability of our Service. If we make changes, we will inform you in due time and remind you of your rights. You will keep the possibility to cancel your Amazon account at any time. If any change is found invalid or for any reason unenforceable, that change is severable and does not affect the validity and enforceability of any remaining changes or conditions. Notwithstanding, we reserve the right to make changes to any Amazon Services at any time.”

16 WAIVER

If you breach these Conditions of Use and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Conditions of Use.

17 CHILDREN

We do not sell products for purchase by children. We sell children's products for purchase by adults. If you are under 18 you may use the Amazon Services only with the involvement of a parent or guardian.

18 OUR CONTACT DETAILS

This website (with the exception of MP3 Music Service) is owned and maintained by Amazon Europe Core SARL. Specific terms of use and sale for other Amazon Services, for example the MP3 Music Service which is operated by Amazon Media EU SARL, can be found within our help page AutoRip Terms & Conditions.

For Amazon Europe Core SARL:

Amazon Europe Core SARL, Société à responsabilité limitée, 38 avenue John F. Kennedy, L-1855 Luxembourg Share capital: EUR 154,560 Registered in Luxembourg CS Luxembourg No: B180022 Business Licence Number: 134248 Luxembourg VAT Registration Number: LU 26375245

19 NOTICE AND PROCEDURE FOR MAKING CLAIMS OF RIGHT INFRINGEMENTS

If you believe that your intellectual property rights have been infringed and you are eligible for Brand Registry, please sign up to that service and submit your complaint via Brand Registry. Otherwise, please submit your complaint using our online Report Infringement form. This form may be used to report all types of intellectual property claims including, but not limited to, copyright, trademark, design and patent claims.

Upon receipt of a complaint we may take certain actions, including removing information or an item and termination of repeat infringers in appropriate circumstances. All such actions are taken without any admission as to liability and without prejudice to any rights, remedies or defenses, all of which are expressly reserved. This includes forwarding the complaint to the parties involved in the provision of the allegedly infringing content. You agree to indemnify Amazon for all claims brought by a third party against Amazon arising out of or in connection with the submission of a complaint.

Note on Third Party Seller Listings: Please keep in mind that Third Party Seller listings are merely hosted on Amazon.de and are posted solely at the direction of Third Party Sellers who may be contacted via their Seller Information page, accessible from any of their listings.

ASIN and ISBN-10 Defined: "ASIN" stands for Amazon Standard Item (or Identification) Number and is a ten (10) character identifier. It can be found below any listing under Product Details. "ISBN-10" stands for International Standard Book Number and is a ten (10) digit identifier that can be found on some book listings under Product Details.

Important Warning: giving false, misleading or inaccurate information in the Notice Form to Amazon may result in civil and/or criminal liability. You should contact a legal advisor should you have any questions.

ADDITIONAL AMAZON SOFTWARE TERMS

Use of the Amazon Software. You may use Amazon Software solely for purposes of enabling you to use and enjoy the Amazon Services as provided by Amazon, and as permitted by the Conditions of Use, these Software Terms and any Service Terms. You may not incorporate any portion of the Amazon Software into your own programs or compile any portion of it in combination with your own programs, transfer it for use with another service, or sell, rent, lease, lend, loan, distribute or sub-license the Amazon Software or otherwise assign any rights to the Amazon Software in whole or in part. You may not use the Amazon Software for any illegal purpose. We may cease providing any Amazon Software and we may terminate your right to use any Amazon Software at any time. Your rights to use the Amazon Software will automatically terminate without notice from us if you fail to comply with any of these Software Terms, the Conditions of Use or any other Service Terms. Additional third party terms contained within or distributed with certain Amazon Software that are specifically identified in related documentation may apply to that Amazon Software (or software incorporated with the Amazon Software) and will govern the use of such software in the event of a conflict with these Conditions of Use. All software used in any Amazon Service is the property of Amazon or its software suppliers and protected by Luxembourg and international copyright laws.

Use of Third Party Services. When you use the Amazon Software, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile platform provider. Your use of these third party services may be subject to the separate policies, terms of use, and fees of these third parties.

No Reverse Engineering. Unless explicitly permitted under applicable mandatory law, you may not, and you will not encourage, assist or authorise any other person to copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with, the Amazon Software, whether in whole or in part, or create any derivative works from or of the Amazon Software.

Software updates. Unless otherwise stated in the Service Terms with regards to certain Amazon Software, Amazon may issue updates and upgrades to the Amazon Software from time to time. Please also see the Conditions of Sale for software updates specific to physical goods contained digital elements.

Conditions of Sale

1 SCOPE OF APPLICABILITY

These Conditions of Sale govern the sale of products by Amazon EU SARL to you.

We offer a wide range of Amazon Services, and sometimes additional terms may apply. When you use an Amazon Service (for example Your Account, Gift Cards, Amazon applications for mobile or Message Center), you will also be subject to the terms, guidelines and conditions applicable to that Amazon Service ("Service Terms"). If these Conditions of Sale are inconsistent with the Service Terms, those Service Terms will control.

Please read these conditions carefully before placing an order with Amazon EU SARL. By placing an order with Amazon EU SARL, you signify your agreement to be bound by these conditions.

2 OUR CONTRACT

Your order is an offer to Amazon to buy the product(s) in your order. When you place an order to purchase a product from Amazon, we will send you a message confirming receipt of your order and containing the details of your order (the “Order Confirmation”). If you are using certain Amazon Services (e.g. Amazon mobile applications) the Order Confirmation may be posted on a Message Center on the website. The Order Confirmation is acknowledgement that we have received your order, and does not confirm acceptance of your offer to buy the product(s) or the services ordered. We only accept your offer, and conclude the contract of sale for a product ordered by you, when we dispatch the product to you and send e-mail or post a message on the Message Center of the website confirming to you that we've dispatched the product to you (the "Dispatch Confirmation"). If your order is dispatched in more than one package, you may receive a separate Dispatch Confirmation for each package, and each Dispatch Confirmation and corresponding dispatch will conclude a separate contract of sale between us for the product(s) specified in that Dispatch Confirmation. Your contract is with Amazon EU Sarl. Without affecting your right of cancellation set out in section 3 below, you can cancel your order for a product at no cost any time before we send the Dispatch Confirmation relating to that product.

This right to cancel does not apply to certain categories of products and services, including digital products or software which are not supplied in a physical format (e.g. on a CD or DVD), once download or use (whichever is earlier) has begun.

You consent to receive sales invoices electronically. Electronic invoices will be made available in pdf format in the Your Account area of the web site. For each delivery, we will inform you in our Dispatch Confirmation if an electronic invoice is available. For further information about electronic invoices and instructions on how to receive a paper copy please refer to our help pages.

Please note that we sell products only in quantities which correspond to the typical needs of an average household. This applies both to the number of products ordered within a single order and the placing of several orders for the same product where the individual orders comprise a quantity typical for a normal household.

3 RIGHT OF CANCELLATION UP TO 14 DAYS, EXCEPTIONS TO CANCELLATION AND OUR VOLUNTARY RETURNS GUARANTEE, STATUTORY WARRANTY RIGHTS

INSTRUCTION ON RIGHT TO CANCELLATION
STATUTORY RIGHT

You have the right to cancel your order without giving any reason within 14 days from the day on which you or a third party indicated by you (other than the carrier) receives the goods purchased (or last good, lot or piece if the order relates to goods or multiple lots or pieces delivered separately) or from the day of the conclusion of the contract, in the case of services or digital content not supplied in a tangible medium (e.g. CD or DVD).

You must inform us (Amazon EU Sarl, 38 avenue John F. Kennedy, L-1855 Luxembourg) of your decision to cancel your order. You may submit your request according to the instructions and forms available on our Returns Support Centre, by contacting us or using this standard cancellation form . In case you use the return centre, we will communicate to you an acknowledgement of receipt of such cancellation without undue delay (e.g. by e-mail).

To meet the cancellation deadline, it is sufficient for you to send your communication on the exercise of the right to cancellation before the cancellation period has expired and return the goods via our Return Suppert Centre within the deadline defined below..

For additional information on the scope, content and instructions for the exercise, please contact our Customer Service.

EFFECTS OF CANCELLATION

If you cancel your order, we will reimburse all payments received from you for the goods purchased and will also reimburse delivery charges for the least expensive type of delivery offered by us. This reimbursement will be made without undue delay and, except in the situations described below, by no later than 14 days from the day on which we received your communication on the cancellation of this order. For such reimbursement we will use the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise. In any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.

Note that you must send back the goods without undue delay and in any case by no later than 14 days from the day on which you communicate to us your cancellation of this order via our Returns Support Centre. To meet the deadline, it is sufficient for you to send the goods before the period of 14 days has expired. You will have to bear the regular cost of returning the goods if the goods delivered correspond to the goods ordered and if the price of the goods to be sent back does not exceed the amount of 40 euros, or if, where the price of the goods is higher, you, at the date of the cancellation, have not yet paid the consideration or paid a contractually agreed partial payment. Otherwise the return the goods is at no cost for you. Goods not suitable for parcel shipment will be picked up from you.

You will only have to pay compensation for any deterioration of the goods if the value of the goods diminishes due to the handling of the goods (except when it was necessary to establish the nature, characteristics and functioning of the goods).

EXCEPTIONS TO THE RIGHT OF CANCELLATION

The right to cancellation does not exist or lapses, as the case may be, in the case of contracts regarding:

END OF INSTRUCTION ON RIGHT OF CANCELLATION

OUR VOLUNTARY RETURNS GUARANTEE

In addition to your statutory rights, Amazon provides you with the following voluntary returns guarantee:

Products sold by Amazon EU SARL can be returned within 30 days of receipt of the products to Amazon EU SARL if none of the exceptions applies, and if the products are complete and are in the same condition as upon receiving. Additional information can be found on our help page About Our Returns Policies. The products are to be returned via our Returns Support Centre.

This voluntary returns guarantee does not apply to digital products or software which are not supplied on a tangible medium (e.g. on a CD or DVD).

If you return products according to this voluntary returns guarantee, we will refund to you the purchase price already paid by you, but not the delivery costs of your initial purchase. Likewise the transport risk and return costs are borne by you, unless the product is eligible for free returns. The costs of return are refunded for returns of clothing or shoes purchased on the Amazon Stores and falling under the Free Return on Fashion Items policy.This returns guarantee does not affect your statutory rights and therefore does not affect your right of cancellation as described above.

Details on returning and examples can be found on our help page about Return Items You Ordered.

STATUTORY WARRANTY RIGHTS:

In addition to your 30-day returns guarantee, customers in the European Union have statutory warranty rights for a period of two years from the delivery of the goods and can request repair or replacement of the goods purchased at Amazon if these goods have defects or are not as described. If the goods cannot be repaired or replaced within a reasonable time or cannot be repaired or replaced without difficulties you can claim reimbursement or a reduction of the purchase price.

In the case of used goods the warranty period can be shorter than two years.

For further information on the terms and conditions please see our return conditions.

Further information on your statutory warranty rights can be found on the following help page: Warranty under Statutory Consumer Rights

4 PRICING

All prices are inclusive of legally applicable VAT.

Despite our best efforts, a small number of the items in our catalogue may be mispriced. We will verify pricing when processing your order and before we take payment. If we have made a mistake and a product's correct price is higher than the price on the website, we may either contact you before dispatch to request whether you want to buy the product at the correct price or cancel your order. If a product's correct price is lower than our stated price, we will charge the lower amount and send you the product.

5 PAYMENT, RETENTION OF TITLE, DIRECT DEBIT, PURCHASE ON ACCOUNT

You can pay the purchase price by payment on account (under the conditions set forth in this section 5), credit card or direct debit.

Every good delivered remains property of Amazon EU SARL until payment has been fully made.

Payment by direct debit:

In case of a direct debit return imputable to the customer, Amazon EU S.à r.l. will charge a lump sum damage of 3 EUR ("direct debit return fee"). The customer is entitled to prove that a damage has not occurred at all or is substantially lower than the lump sum claim.

The foregoing rules also apply to direct debits for the purpose of paying purchases made via 3rd party sellers (see Sec. 11 and 12 of the Terms of Use).

Payment on account:

If you are a new customer there is a maximum amount up to which a purchase on account is possible. This maximum amount applies to your entire account and takes into consideration outstanding payment from earlier orders on account.

Payment on account is only available to consumers of at least 18 years of age. The delivery address, the home address and the billing address must be identical and within Germany or Austria. Payment on account is not available for services or products delivered online (e.g. software downloads) or the purchase of vouchers. The payment amount becomes due upon receipt of the invoice. Amazon EU SARL reserves the right to not offer certain payment methods in individual cases.

In the case of payment on account we charge a one-time fee of EUR 1.50 inclusive of applicable VAT per delivery in addition to any applicable shipping costs. You will be separately informed before placing your order if this fee is charged.

Should the payment on account – for reasons imputable to the customer – not be paid on the due date, Amazon EU S.à r.l. will charge a lump sum damage of 3 EUR. The customer is entitled to prove that a damage has not occurred at all or is substantially lower than the lump sum claim.

In the case of payment on account and in other cases for legitimate reasons Amazon EU SARL will check and assess the data provided by you and exchange data with other company within the Amazon group and with credit agencies. For our decision on whether you can pay by payment on account we, in addition to our own data, use probabilities which we obtain from Bürgel Wirtschaftsinformationen GmbH & Co. KG, Gasstraße 18, 22761 Hamburg, Germany and informa Solutions GmbH, Rheinstraße 99, 76532 Baden Baden, Germany to assess the default risk. The calculations of such probabilities are based on a scientifically recognised mathematical-statistical procedure. We also verify with these aforementioned companies the address data provided by you.

6 DELIVERY

Unless agreed otherwise, delivery will be made to the delivery address indicated by you. On our website you will find information on the availability of products sold by Amazon (e.g. on the respective product detail page). Please note that all information about the availability, shipping or delivery of a product is merely estimated information and contains approximate values and does not constitute binding or guaranteed shipping or delivery dates, unless expressly stated otherwise in the shipping options for the respective product. If we notice, while processing your order, that the products ordered by you are not available, we will inform you thereof in a separate e-mail or through our Message Center. You statutory rights remain unaffected.

If we cannot deliver to you because the goods delivered do not fit through your entrance door, front door or your staircase, or you are not found at the delivery address given by you even though the delivery time has been announced to you with a reasonable period of notice you will have to bear the cost of such failed delivery.

7 CUSTOMS

When ordering products from Amazon for delivery outside of the EU you may be subject to import duties and taxes, which are levied once the package reaches the specified destination. Any additional charges for customs clearance must be borne by you; we have no control over these charges. Customs policies vary widely from country to country, so you should contact your local customs office for further information. Additionally, please note that when ordering from Amazon, you are considered the importer of record and must comply with all laws and regulations of the country in which you are receiving the products. Your privacy is important to us and we would like our international customers to be aware that cross-border deliveries are subject to opening and inspection by customs authorities. For more information see Customs, Duties, and Taxes.

8 1-CLICK ORDERING

1-Click ordering is the fastest and easiest way to order products safely and securely from Amazon. If you are using a public or shared computer terminal, we strongly recommend that you deactivate 1-Click ordering when you are not at the computer.

9 WARRANTY FOR PRODUCTS SOLD BY AMAZON AND LIMITATION OF LIABILITY

In addition to your 30-day returns guarantee, customers in the European Union have statutory warranty rights for a period of two years from the delivery of the goods and can request repair or replacement of the goods purchased at Amazon if these goods have defects or are not as described. If you are a consumer, you can still assert your rights within a further four months after the two years have expired. If the goods cannot be repaired or replaced within a reasonable time or without difficulties you can claim reimbursement or a reduction of the purchase price.

If a replacement is delivered to you as supplementary performance, you are obligated to return to us at our cost the goods initially delivered within 30 days. The return of the defective goods has to be made according to legal requirements. Amazon reserves the right to claim damages in accordance with statutory law.

In the case of used goods the warranty period can be shorter than two years.

For further information on the terms and conditions please see our return conditions.

Further information on your statutory warranty rights can be found on the following help page: Warranty under Statutory Consumer Rights.

Amazon is liable without limitation if damage is caused by an intentional or gross negligent breach of duty by Amazon or one of its legal representatives or vicarious agents.

In addition, Amazon is liable for slight negligent breach of essential obligations. Essential are those obligations the breach of which puts at risk the achievement of the contractual purpose, or the performance of which enables the fulfillment of the contract and is regularly trusted on by you. In this case, Amazon however is only liable for foreseeable damage typical of the contract. Amazon is not liable for slight negligent breach of any other obligations than those mentioned in the previous sentences.

The aforementioned limitations of liability do not apply for damages from injury to life, body or health, for a defect after a guarantee for the condition of the product or for fraudulently concealed defects. The liability under the German Product Liability Act remains unaffected.

To the extent the liability of Amazon is excluded or limited, such exclusion or limitation also applies to the employees, legal representatives or vicarious agents of Amazon.

10 SOFTWARE UPDATES

For goods with digital elements, Amazon (or a relevant third party) will issue the following types of updates for digital products you purchase:

11 APPLICABLE LAW

These conditions are governed by and construed in accordance with the laws of the Grand Duchy of Luxembourg, and the application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. We both agree to submit to the non-exclusive jurisdiction of the courts of the District of Luxembourg City, which means that you may bring a claim to enforce your consumer protection rights in connection with these Conditions of Sale in Luxembourg or in the EU country in which you live.

12 AMENDMENTS TO THE CONDITIONS OF SALE

We reserve the right to make changes to our website, policies, and terms and conditions, including these Conditions of Sale at any time. You will be subject to the terms and conditions, policies and Conditions of Sale in force at the time that you order products from us, unless any change to those terms and conditions, policies or these Conditions of Sale is required to be made by law or government authority (in which case it may apply to orders previously placed by you). If any of these Conditions of Sale is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.

13 WAIVER

If you breach these Conditions of Sale and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Conditions of Sale.

14 CHILDREN

We do not sell products for purchase by children. We sell children's products for purchase by adults. If you are under 18 you may only use Amazon.de with the involvement of a parent or guardian.

15 OUR CONTACT DETAILS

Our contact details are:

Amazon EU SARL, Société à responsabilité limitée, 38 avenue John F. Kennedy, L-1855 Luxembourg Share Capital: EUR 125,000 Registered in Luxembourg RCS Luxembourg No: B-101818 Business Licence Number: 134248 Luxembourg VAT Registration Number: LU 20260743

Local Registered Branch: Amazon EU SARL, Niederlassung Deutschland, Marcel-Breuer-Str. 12, 80807 Munich, Germany Registered at the District Court of Munich Commercial Register B Registration Number 218574; Ust-ID DE 81458193; Permanent Representative: Rocco Bräuniger

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