Amazon.de Terms and Conditions Last modified: 05/21/2021 Welcome to Amazon.de. Amazon Europe Core Sarl, Amazon EU Sarl and/or their affiliates ("Amazon") offer website functionality and other products and services when you use or shop on the Amazon.de website (the "Site"), devices , use Amazon products or services, use Amazon mobile applications, or use software provided by Amazon in any of the foregoing (collectively, the "Amazon Services"). Please read our Privacy Policy, Cookies Notice and Internet-Based Advertising Notice to understand how we collect and process your personal information through Amazon Services. Amazon provides the Amazon Services under the terms and conditions specified on this page. Amazon.de is the trading name for Amazon. The previous version of the Terms and Conditions can be found on our Previous Versions of Legal Notices help page. Terms of Use Conditions of Sale TERMS OF USE Please read these Terms carefully before using the Amazon Services. By using the Amazon Services, you agree to be bound by these Terms. We offer you a wide range of Amazon services. Notification and Procedure for Notifying Amazon.de of an Infringement. 1 ELECTRONIC COMMUNICATION When you use an Amazon Service or send us emails, text messages or other communications from your computer or mobile device, you are communicating with us electronically. We will communicate with you electronically in a number of ways, e.g. B. via e-mail, text messages, in-app push messages or by publishing electronic messages or other communications on our website or as part of other Amazon services, such as the Message Center. For contractual purposes, you agree that all consents, notices, disclosures and other communications that we provide to you electronically do not require a written form unless mandatory applicable law requires a different form of communication. 2 RECOMMENDATIONS AND CUSTOMIZATION As part of Amazon Services, we recommend features, products, and services that may be of interest to you, determine your preferences, and personalize your Amazon Services experience. 3 COPYRIGHT AND DATABASE RIGHTS All Content included in or made available through an Amazon Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data collections, is owned by Amazon or the third parties who supply or on the Content make available on the website and is protected by Luxembourg and international copyright and database law. Also, all content contained in or made available through an Amazon Service is the exclusive property of Amazon and is protected by Luxembourg and international copyright and database law. You may not systematically extract and/or reuse any portion of an Amazon Service without our express written consent. In particular, you may not use data mining, robots, or similar data collection and extraction programs to extract any substantial portion of an Amazon Service for reuse (whether single or multiple) without the express written consent of Amazon.de. Furthermore, you may not create and/or publish your own database containing material parts of an Amazon Service (e.g. our prices and product information) without the express written consent of Amazon.de. 4 TRADEMARK AND IDENTIFICATION RIGHTS Visit our Amazon Trademarks help page for a non-exhaustive list of Amazon trademarks. In addition, Amazon.de's graphics, logos, headers, button icons, scripts, and service names contained in or provided through an Amazon Service constitute Amazon's trademarks. Amazon's trademark rights may not be used in connection with any non-Amazon product or service in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Amazon. All other marks and marks not owned by Amazon that appear on an Amazon Service are the property of their respective owners. 5 PATENT One or more of Amazon's patents are applicable to the Amazon Services and to functionalities and services accessible via the Amazon Services. Portions of the Amazon Services operate under license from one or more patents. Visit our help page for a non-exhaustive list of applicable Amazon or affiliate patents and licensed patents. 6 LICENSE AND ACCESS Subject to your compliance with these Terms of Service and any applicable Terms of Service, and payment of applicable fees, Amazon and its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make non-commercial use of the Amazon Services. This license does not include any resale or commercial use of Amazon Services or its content, collection and use of product information, descriptions or prices, derivative use of Amazon Services or its content, downloading or copying of account information for the benefit of another merchant, or the Use of data mining, robots or similar data collection and extraction programs. Amazon and its licensors, suppliers, publishers, rights holders or other content providers reserve all rights not expressly granted to you in these Terms of Service or the Terms of Service. No Amazon Service, or any portion thereof, may be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose without our express written consent. You may not frame or use framing techniques to enclose any Amazon trademark, logo, or other proprietary information (such as an image, text, page layout, or shape) without our express written consent. You may not use any meta tags or other "hidden text" utilizing Amazon's name or trademarks without our express written consent. You may not misuse the Amazon Services. You may only use the Amazon Services as permitted by law. The rights granted by Amazon to use Amazon Services will terminate if you fail to comply with these Terms of Service or the Terms of Service. 7 YOUR ACCOUNT You may need an Amazon account to use certain Amazon Services, or you may need to be logged into your Amazon account and have a valid payment method associated with the account. If there is a problem charging your chosen payment method, we may charge any other valid payment method associated with your Amazon account. Click Your Payments to edit your payment methods. If you use an Amazon Service, you are responsible for maintaining the confidentiality of your account and password and for limiting access to your computer and mobile devices, and to the extent permitted by applicable law, you agree to be responsible for all activities be made through your account or password. You should take all reasonable steps to ensure that your password is kept private and secure and you should inform us immediately if you have any concern that any third party has learned of your password or is being used without authorization or this is likely. You are responsible for ensuring that the information you give us is accurate and complete and for notifying us of any changes to the information you have given us. You can view your information in the My Account section of the website. Please see our Help page About protecting your privacy to access your personal information. You may not use any Amazon Service: (i) in any manner likely to disrupt, damage, or otherwise impair the Amazon Service or access to it, or (ii) for any fraudulent purpose or in connection with a criminal offense or unlawful activity; or (iii) to cause annoyance, inconvenience or fear. We reserve the right to withhold Amazon Services from you or terminate accounts if your conduct gives us cause to do so. This will be the case in particular if you violate any applicable law, contractual agreement, our policies or our principles, all of which are available on our website. Notwithstanding any such limitation or termination, you will continue to have access to Content and Services previously purchased by you. 8 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, so long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, are infringing, represent a communicative assault on children/adolescents, impair the personal integrity of children/adolescents or otherwise injure third parties or are inadmissible and do not consist of software viruses, political campaigns, advertising, chain letters, bulk mailings or any form of "spam" or this contains. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any debit or credit card or other content. We reserve the right (but assume no obligation without proper notice) to remove or edit this content. If you believe that any item or information in an Amazon Service infringes your intellectual property rights, please notify us by completing and submitting the appropriate notification form. If you provide customer reviews, comments, questions or answers, or other content (e.g., images, video, or audio material, collectively referred to as “Content”) that you make available for display on the Amazon Site, you grant Amazon: (a) the non-exclusive, royalty-free rights to use, reproduce, publish, make available and modify this content worldwide in all media, including the right to sublicense to third parties; and (b) the right to use the name you submit in connection with that content. Moral rights are not transferred by this regulation. You can remove your content from public view or, where this functionality is offered, change your settings so that only people you designate have access to your content. you warrant that you own or otherwise control all of the rights to the content you have authored; that, as of the date the content and material were provided: (i) the content and material are error-free; and (ii) use of the content and materials you provide will not violate any applicable Amazon terms and policies and will not cause harm to any person or entity (including that the content or materials are not defamatory and violate the personal integrity of children/ do not affect young people). You agree to indemnify Amazon against any third-party claims made against Amazon arising out of or relating to the content or materials you have provided, except to the extent that liability arises from Amazon's failure to Remove content appropriately as soon as Amazon.de has been informed of the illegality (notification form). 9 INTELLECTUAL PROPERTY CLAIMS Amazon respects the intellectual property rights of third parties. If you believe that your intellectual property rights have been used in a way that gives rise to fear of infringement, please follow our procedure for notifying Amazon.de of an infringement. 10 AMAZON SOFTWARE TERMS OF USE In addition to these Terms of Use, software (including any updates and upgrades and any related documentation) that we may make available to you from time to time for your use in connection with the Amazon Services (the "Amazon Software"), which are listed on our help page Software Terms of Use available in Amazon Games and Software Terms of Use. 11 OTHER COMPANIES Persons other than Amazon operate stores, provide services or sell assortments on this website. We also provide links to affiliated company sites and certain other companies. We are not responsible for examining or evaluating those offerings or sites, and we make no representations about the offerings of any such company or individual, or the content on their websites. Amazon assumes no responsibility or liability for the actions, products and content of any such or any third party. You will be notified when a third party is involved in your transaction and we may share your information relating to that transaction with that third party. You should read their privacy statements and other terms of use carefully. 12 AMAZONS ROLLE Amazon allows third parties to list and sell their products on the website. This can be seen on the respective product detail page. Although Amazon facilitates transactions on the Amazon Marketplace, Amazon is neither the buyer nor the seller of these third-party items. Amazon offers buyers and sellers the ability to negotiate and complete transactions. Thus, the contract that comes into being when the sale of these third-party items is concluded is exclusively between the buyer and the seller. Amazon is not a contractual partner and therefore assumes no responsibility for that contract. Amazon is also not the seller's representative. The seller is responsible for the sale of the products, any complaints from the buyer and all other matters arising from the contract between the buyer and seller. Because Amazon wants to give the buyer a safe shopping experience, Amazon offers the Amazon A-to-z Guarantee in addition to the legal or contractual rights. 13 OUR LIABILITY We always strive to ensure that Amazon Services are available without interruptions and transmissions are error-free. However, due to the nature of the internet, this cannot be guaranteed. Your access to Amazon Services may also be interrupted or limited from time to time to allow for repairs, maintenance, or the introduction of new facilities or services. We try to limit the frequency and duration of any such temporary suspension or restriction. Amazon is liable without limitation if the cause of the damage is based on an intentional or grossly negligent breach of duty by Amazon or a legal representative or vicarious agent of Amazon. Furthermore, Amazon is liable for the slightly negligent breach of essential obligations. Obligations are essential, the violation of which jeopardizes the achievement of the purpose of the contract or the fulfillment of which is essential for the proper execution of the contract and on the observance of which you regularly rely. In this case, however, Amazon is only liable for the foreseeable, contract-typical damage. Amazon is not liable for the slightly negligent breach of obligations other than those specified in the preceding sentences. The above limitations of liability do not apply in the event of injury to life, limb or health, for a defect after the assumption of a guarantee for the quality of the product and for fraudulently concealed defects. Liability under the Product Liability Act remains unaffected. Insofar as Amazon's liability is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents. 14 GOVERNING LAW Luxembourg law applies to the exclusion of the UN Sales Convention (CISG) and the conflict of laws. The non-exclusive jurisdiction of the courts of the district of Luxembourg City is agreed. If you are a consumer with a habitual residence in the EU, you also enjoy the protection of the mandatory provisions of the law of your country of residence. You can file claims in connection with these Terms of Use that result from consumer protection standards either in Luxembourg or in the EU member state in which you live. The European Commission provides a platform for online dispute resolution, which you can find at https://ec.europa.eu/consumers/odr/ [external link]. We prefer to clarify your concerns in direct exchange with you and therefore do not take part in consumer arbitration procedures. Please contact us directly if you have any questions or problems. 15 EXPORT CONTROL You agree that you will not export, re-export, or transfer any Products (including software or other digital products) that you have purchased through the Site to any country, individual, company, organization, or entity such export is restricted or prohibited by law. For example, economic sanctions and embargoes imposed by the European Union, the United Nations, the U.S. Departments of State, Treasury, or Commerce and other government agencies (such as embargoes imposed on certain countries or economic sanctions that against individuals or companies for terrorism or money laundering offences), prohibiting you from bringing products to other countries, even for your own personal use, and/or products (whether physically, by post or digitally via email or file exchange) to certain Send any individual, company, organization or body. In addition, you agree that you will not purchase any products or services through the Website if you are subject to any restrictive measures (sanctions) yourself. 16 CHANGES TO SERVICES OR CHANGES TO TERMS OF SERVICE You are subject to the terms and conditions, contract terms and conditions of use in effect at the time you use the Amazon Services. If you are a customer account holder and provided that you are not unreasonably disadvantaged by the change, we may change the General Terms and Conditions, Contractual Terms and Conditions of Use, Policy and Terms of Service, in whole or in part, at any time for the following reasons: For legal or regulatory reasons; for safety reasons; to further develop or enhance existing features of the Services and to add additional features; to take technical progress into account and to make technical adjustments and to ensure the future functionality of the services. If we make changes, we will inform you of this within a reasonable period of time and point out the rights to which you are entitled. You have the option to close your customer account at any time. If any change is found invalid, void, or for any reason unenforceable, this will not affect the validity and enforceability of any remaining changes or terms. Notwithstanding, we reserve the right to make changes to the Amazon Services at any time. 17 NO WAIVER If you breach these Terms of Use and we do nothing about it, we will still be entitled to exercise our rights on any other occasion where you breach these Terms of Use. 18 MINORS We do not offer products for sale by minors. Our products for children can only be purchased by adults. If you are under 18, you may use Amazon Services only with the involvement of a parent or legal guardian. 19 OUR CONTACT DETAILS This website (excluding the MP3 Music Service) is operated by Amazon Europe Core SARL. For specific terms of use and sale for other Amazon offerings, such as the MP3 Music Service operated by Amazon Media EU SARL, see our AutoRip Terms of Use. For Amazon Europe Core SARL: Amazon Europe Core SARL, Limited Liability Company, 38 avenue John F. Kennedy, L-1855 Luxembourg Share capital: EUR 154,560 Registered in Luxembourg RCS Luxembourg register number: B- 180022 Business Licence Number: 10040783 VAT number: LU 26375245 Other contact information: For Amazon EU SARL: Amazon EU SARL, Limited Liability Company, 38 avenue John F. Kennedy, L-1855 Luxembourg Share capital: EUR 125,000 Registered in Luxembourg RCS Luxembourg registration number: B-101818 Business Licence Number: 134248 VAT number: LU 20260743 Registered branch: Amazon EU SARL, Office Germany, Marcel-Breuer-Str. 12, 80807 Munich, Germany Munich district court, commercial register B Registration number HRB 218574 Sales tax identification number: DE 814584193 For Amazon Services Europe SARL: Amazon Services Europe SARL, Limited Liability Company, 38 avenue John F. Kennedy, L-1855 Luxembourg Share capital: EUR 37,551 Registered in Luxembourg RCS Luxembourg registration number: B-93815 Business Licence Number: 132595 VAT number: LU 19647148 For Amazon Media EU SARL: Amazon Media EU SARL, Limited Liability Company, 38 avenue John F. Kennedy, L-1855 Luxembourg Share capital: EUR 50,000 Registered in Luxembourg RCS Luxembourg register number: 112767 Business Licence Number: 136312 VAT number: LU 20944528 20 NOTICE AND PROCEDURE FOR AMAZON.DE NOTIFICATION OF RIGHTS INFRINGEMENT. If you believe your intellectual property right has been infringed and is eligible for Amazon Brand Registration, please log in and report the infringement through Brand Registration Support. Otherwise, please submit your complaint through our notification form. You can use this form to notify us of all types of intellectual property claims, including copyright, trademark, design and patent claims. Upon receipt of the complaint, we may take certain actions, including removing information or items and, where appropriate, terminating repeat infringers. All such actions are taken without any admission of liability and without prejudice to any right, remedy or defense, all of which are expressly reserved. In particular, we reserve the right to forward the complaint to those parties who are accused of violating the law. You agree to indemnify Amazon against any third-party claims made against Amazon arising out of or related to the filing of a complaint. Note on Third-Party Listings: Please note that third-party listings are only stored or hosted on Amazon.de and published solely at the discretion of the third-party provider. Third parties may contact you through the Seller Information page; this page is accessible from each product offering of the respective third-party provider. ASIN and ISBN-10: "ASIN" stands for Amazon Standard Item (or Identification) Number and is a 10-digit identification number. You will find this for every product offer under "Product information". " ISBN-10" stands for International Standard Book Number, and is a 10-digit identification number that you can find under "Product Information" for some book offers. Important Notice: Providing false, misleading, or inaccurate information on a notification form to Amazon may subject you to civil or criminal liability. You should contact legal counsel if you have any questions. ADDITIONAL TERMS OF USE FOR AMAZON SOFTWARE Use of Amazon Software. You may use Amazon Software only to facilitate the use of an Amazon Service provided by Amazon and only to the extent permitted by the Terms of Service, these Software Terms of Service and the Terms of Service. You may not incorporate any portion of the Amazon Software into or compile in conjunction with your own computer programs, transfer it for use with any other service, or sell, rent, loan, distribute or sublicense any portion of the Amazon Software or otherwise acquire any rights in or to the Amazon Software or any portion thereof transfer. You may not use the Amazon Software for any illegal purpose. We may stop providing Amazon Software and terminate your rights to use Amazon Software at any time. Your right to use any Amazon Software will automatically terminate without notice if you fail to comply with these Software Terms of Use, the Terms of Use, or any other Terms of Service. Additional third-party software terms of use included with or distributed with certain Amazon Software and identified in the accompanying documentation may also apply to the Amazon Software (or any software incorporated into the Amazon Software) and will take precedence over the Use of such software in the event of any conflict with these Terms of Use. Any software used in an Amazon Service is owned by Amazon or its licensors and is protected by Luxembourg and international copyright laws. Use of Third Party Services. When you use Amazon Software, you may also use the services of one or more third parties, such as a network provider or cell phone provider. Your use of such third party services may be subject to separate rules, terms and fee obligations of those third parties. No reverse engineering. Except as expressly permitted by applicable mandatory law, you must not, and must not encourage, assist, or authorize others to copy, modify, reverse engineer, decompile, disassemble, or otherwise distort Amazon Software or any portion thereof, or derivative works thereof create. Updates. In order to keep Amazon Software current, we may provide automatic or manual updates at any time without prior notice. TERMS OF SALE 1 SCOPE These Terms of Sale govern the sale of Products by Amazon EU S.à.r.l. to them. We offer you a wide range of Amazon services. Please read these terms carefully before placing an order with Amazon EU S.à.r.l. give up. By placing an order with Amazon EU S.à.r.l. you agree to the application of these Terms of Sale to your order. 2 CONCLUSION OF CONTRACT Your order represents an offer to Amazon to conclude a sales contract. When you place an order with Amazon, we will send you a message confirming that we have received your order and listing its details (order confirmation). If you use certain Amazon Services (e.g. Amazon Mobile Applications), the order confirmation can be sent via your message center in your customer account. This order confirmation does not constitute acceptance of your offer, but is only intended to inform you that we have received your order. A sales contract is only concluded when we ship the ordered product to you and confirm the shipment to you with a second email or a message in your message center in your customer account (shipping confirmation). If your order is shipped in more than one package, you may receive a separate shipping confirmation for each package. In this case, a separate purchase contract is concluded between us for each shipping confirmation for the products listed in the respective shipping confirmation. The contractual partner is Amazon EU Sarl. Irrespective of your right of withdrawal according to Section 3, you can cancel your order for a product at any time free of charge before the associated shipping confirmation has been sent. This right of cancellation does not apply to certain product groups and services, including digital content or software, which are not supplied on a physical medium (e.g. on a CD or DVD) if the download or use (whichever is the earlier time is ) has started. You agree to receive invoices electronically. Electronic invoices are made available to you in PDF format in the My Account section of the website. We will inform you for each delivery in the dispatch confirmation whether an electronic invoice is available. For more information about e-invoices and for instructions on how to get a paper copy of the invoice, visit our help pages. Please note that we only sell all products in normal household quantities. This relates both to the number of products ordered as part of an order and to placing multiple orders for the same product, where the individual orders cover a normal household quantity. 3 RIGHT OF WITHDRAWAL UP TO 14 DAYS, EXCLUSION OF THE RIGHT OF WITHDRAWAL, OUR VOLUNTARY RETURN GUARANTEE AND STATUTORY WARRANTIES RIGHT OF WITHDRAWAL right of withdrawal You have the right to terminate this contract within 14 days from the day on which you or a third party designated by you, who is not the carrier, deliver the goods (or the last goods, partial shipment or piece in the case of a contract for several goods of a single order or the delivery of goods in several partial shipments or pieces) or from the day of the conclusion of the contract, in the case of digital content that is not delivered on a physical medium (e.g. CDs or DVDs), without specifying reasons to withdraw. In order to exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract. Please address your revocation to: Amazon EU S.à r.l., 38 avenue John F. Kennedy , L-1855 Luxembourg for products sold and fulfilled by Amazon. Amazon Services Europe S.à r.l., 38 avenue John F. Kennedy , L-1855 Luxembourg for products sold by a third party and Fulfilled by Amazon. You can complete and submit your declaration electronically according to the explanations and forms available at our online returns centre, you can contact us or you can use this model cancellation form. If you use our online returns center, we will immediately (e.g. by email) send you confirmation of receipt of such a cancellation. To meet the cancellation period, it is sufficient for you to send the notification of your exercise of the right of cancellation before the cancellation period has expired and for you to have returned the goods via our online returns center within the period defined below. For additional information regarding scope, content and exercise explanations, please contact our customer service. Consequences of the revocation: If you cancel this contract, we will refund you any payment we have received from you for the purchased goods and we will refund you the cost of the cheapest standard delivery service we offer. This repayment will be made immediately and at the latest, subject to the situations mentioned below, within fourteen days from the day on which we received notification of your withdrawal from this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you. Under no circumstances will we charge you any fees for the repayment. We may refuse repayment until we have received the returned goods or until you have provided proof that you have returned the goods, whichever is earlier. You must return the goods via our online returns center without undue delay and in any case no later than fourteen days from the day on which you inform us of the cancellation of this contract. The deadline is met if you send back the goods before the period of fourteen days has expired. You have to bear the regular costs of the return if the delivered goods correspond to those ordered and if the price of the item to be returned does not exceed an amount of 40 euros or if, in the case of a higher price of the item, you have not yet received the consideration or a have made the contractually agreed partial payment. Otherwise, the return is free of charge. Items that cannot be sent by parcel will be picked up from you. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods. Exceptions to the right of withdrawal The right of withdrawal does not exist or expires in the following contracts for the delivery of goods which are not suitable for return for reasons of health protection or hygiene and whose seal was removed after delivery or which were inseparably mixed with other goods after delivery due to their nature; for the delivery of sound or video recordings or computer software in a sealed package if the seal has been broken after delivery; for the delivery of goods that are made to customer specifications or are clearly tailored to personal needs for the delivery of goods that can spoil quickly or whose use-by date would soon be exceeded; for services if Amazon has provided these (e.g. the use of the Amazon MP3 Music Service) in full and you have acknowledged and expressly agreed before placing the order that we can start providing the service and you have exercised your right of withdrawal upon complete lose performance of the contract; for the delivery of newspapers, periodicals or magazines, with the exception of subscription contracts for the delivery of such publications; and for the delivery of alcoholic beverages, the price of which was agreed upon when the purchase contract was concluded, but the delivery of which can only take place after 30 days and the current value of which depends on fluctuations on the market over which the entrepreneur has no influence. END OF REVOCATION OUR VOLUNTARY RETURN GUARANTEE: In addition to your statutory rights, we offer you the following voluntary return guarantee: Products of Amazon EU S.à.r.l. you can contact Amazon EU S.à.r.l. return, provided that none of the reasons for exclusion apply, the goods are complete and in the same condition as when received. You cannot return goods for which you have no right of withdrawal, even under the return guarantee. For more details, see our About Our Returns Policy help page. Please use our online returns center for returns. If you return goods in accordance with this voluntary return guarantee, we will refund the purchase price, but not the shipping costs, of your original purchase. You also bear the risk of transport and the return costs. We only cover the shipping and return costs for returns of clothing, shoes and handbags. This return guarantee does not limit your statutory rights and therefore also not your right of withdrawal as described above. STATUTORY WARRANTY LAW: In addition to your 30-day return guarantee, buyers in the European Union have warranty rights for a period of two years from delivery of the goods and can request repair or replacement of products purchased on Amazon if they prove defective or not as described. If the goods cannot be repaired or replaced within a reasonable time or without difficulty, you can request a refund or a reduction in the purchase price. In the case of used goods, the warranty period can be shorter than two years. For additional information about the terms and conditions, we refer you to our return policy. 4 PRIZES All prices include the applicable VAT. Despite our best efforts, a small number of products in our catalog may be mispriced. We verify prices when we process your order and before we take payment. If a product is incorrectly priced and the correct price is higher than the price on the website, we will contact you before the goods are dispatched to ask whether you wish to purchase the product at the correct price or cancel the order. If the correct price of a product is lower than the price we quote, we will charge the lower amount and send you the product. 5 PAYMENT, RETENTION OF TITLE, DIRECT DEBIT, PURCHASE ON INVOICE The customer can pay the purchase price by invoice (subject to the conditions specified in this Section 5), by credit card or by direct debit. Each delivered product remains the property of Amazon EU S.à.r.l. until full payment has been made. Payment by direct debit: In the case of a returned direct debit for which the customer is responsible, Amazon EU S.à r.l. a lump-sum compensation in the amount of EUR 3.00 ("return debit note fee"). The customer can prove that no damage has occurred at all or that it is significantly lower than the flat rate. The above provisions apply accordingly to payments of the purchase price of goods sold by third parties (see Sections 11 and 12 of the Terms of Use). Purchase on invoice: For new customers there is a maximum limit up to which purchase on account is possible. This limit applies to the entire customer account and also takes into account outstanding amounts from previous invoice orders. Payment on account is only possible for consumers aged 18 and over. The delivery address, home address and billing address must be identical and within Germany or Austria. Payment on account is not possible for services that are transmitted online (e.g. software for download) or for the purchase of vouchers. The amount invoiced become due within receiving the bill. Amazon EU S.à.r.l. reserves the right not to offer certain payment methods in individual cases. When paying on account, a one-off fee of EUR 1.50 including the applicable VAT per delivery will be charged plus any shipping costs for the complete shipment. Before the contract is concluded, the customer will always be informed separately whether this fee will be charged. This fee does not apply to customers who have their habitual residence in Austria. If the invoice amount is not paid by the due date for reasons for which the customer is responsible, Amazon EU S.à r.l. a lump-sum compensation of EUR 3.00. The customer can prove that no damage has occurred at all or that it is significantly lower than the flat rate. 6 DELIVERY Unless otherwise agreed, delivery will be made to the delivery address specified by the customer. On the website you will find information on the availability of products sold by Amazon (e.g. on the respective product detail page). We would like to point out that all information on the availability, shipping or delivery of a product is only expected information and approximate guide values. They do not represent any binding or guaranteed shipping or delivery dates, unless this is expressly designated as a binding date in the shipping options for the respective product. If Amazon determines during the processing of your order that the products you have ordered are not available, you will be informed of this separately by e-mail or by message in your message center in your customer account. The legal rights of the customer remain unaffected. If delivery to the customer is not possible because the delivered goods do not fit through the front door, front door or stairwell of the customer or because the customer cannot be found at the delivery address provided by him, although the customer was informed of the delivery time within a reasonable period of time , the customer bears the costs for the unsuccessful delivery. 7 INCH When you order 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 its designated destination. Any additional charges for customs clearance must be borne by you; we have no control over these charges. Customs regulations vary greatly from country to country, so you should contact your local customs office for more information. Also, please note that when ordering from Amazon, you are considered the importer and must comply with all laws and regulations of the country where you receive the products. The protection of your data is important to us and we would like to make our international customers aware that cross-border deliveries are subject to opening and inspection by customs authorities. For more information, please read our customs information. 8 1-CLICK ORDER FUNCTION The 1-Click ordering function is the fastest and easiest way to order products securely from Amazon. If you are using a public or shared computer, we strongly recommend disabling 1-Click Ordering when you are away from the computer. 9 WARRANTY ON PRODUCTS SOLD BY AMAZON AND LIMITATION OF LIABILITY In addition to your 30-day return guarantee, buyers in the European Union have warranty rights for a period of two years from delivery of the goods and can request repair or replacement of products purchased on Amazon if they prove defective or not as described. If the goods cannot be repaired or replaced within a reasonable time or without difficulty, you can request a refund or a reduction in the purchase price. If the supplementary performance is by way of a replacement delivery, the customer is obliged to return the first delivered goods to Amazon within 30 days at Amazon's expense. The defective goods must be returned in accordance with the statutory provisions. Amazon reserves the right to claim damages under the statutory conditions. In the case of used goods, the warranty period can be shorter than two years. For additional information about the terms and conditions, we refer you to our return policy. Amazon is liable without limitation if the cause of the damage is based on an intentional or grossly negligent breach of duty by Amazon or a legal representative or vicarious agent of Amazon. Furthermore, Amazon is liable for the slightly negligent breach of essential obligations. Obligations are essential, the violation of which jeopardizes the achievement of the purpose of the contract or the fulfillment of which is essential for the proper execution of the contract and on the observance of which you regularly rely. In this case, however, Amazon is only liable for the foreseeable, contract-typical damage. Amazon is not liable for the slightly negligent breach of obligations other than those specified in the preceding sentences. The above limitations of liability do not apply in the event of injury to life, limb or health, for a defect after the assumption of a guarantee for the quality of the product and for fraudulently concealed defects. Liability under the Product Liability Act remains unaffected. Insofar as Amazon's liability is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents. 10 GOVERNING LAW Luxembourg law applies to the exclusion of the UN Sales Convention (CISG) and the conflict of laws. The non-exclusive jurisdiction of the courts of the district of Luxembourg City is agreed. This means that you can lodge claims in connection with these conditions of sale, which result from consumer protection standards, either in Luxembourg or in the EU member state in which you live. If you are a consumer with a habitual residence in the EU, you also enjoy the protection of the mandatory provisions of the law of your country of residence. 11 AMENDMENTS TO THE TERMS OF SALE We reserve the right to make changes to our website, policies, terms and conditions including these Terms of Sale at any time. The terms of sale, contractual terms and general terms and conditions in force at the time of your order shall apply to your order, unless a change to these terms is required by law or official order (in which case they also apply to orders you have done previously). If any provision of these Terms of Sale is held invalid, void or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions. 12 NO WAIVER If you breach these Terms of Sale and we do nothing about it, we will still be entitled to exercise our rights on any other occasion where you breach these Terms of Sale. 13 MINORS We do not offer products for sale by minors. Our products for children can only be purchased by adults. If you are under 18, you may only use Amazon.de with the involvement of a parent or legal guardian. 14 OUR CONTACT DETAILS Our contact information is: Amazon EU SARL, Limited Liability Company, 38 avenue John F. Kennedy, L-1855 Luxembourg Share capital: EUR 125,000 Registered in Luxembourg RCS Luxembourg Registernummer: B-101818 Business Licence Number: 134248 VAT number: LU 20260743 Registered branch: Amazon EU SARL, Germany branch, Marcel-Breuer-Str. 12, 80807 Munich, Germany Munich district court, commercial register B Registration number HRB 218574 Sales tax identification number: DE 814584193 Permanent representative: Ralf Kleber