How does a company issue merchant accounts
Amazon Payments Europe User Agreement - Merchant Accounts
View or download the PDF version of this user agreement.
Last updated: November 20, 2020
WITH THE REGISTRATION FOR THE FOLLOWING DESCRIBED PAYMENT SERVICE "AMAZON PAYMENTS" OR BY USING THIS, YOU ACKNOWLEDGE (IN YOUR OWN NAME OR IN THE NAME OF THE COMPANY YOU REPRESENT) THE TERMS OF THE PRESENT AGREEMENT (INCLUDING ALL GUIDELINES) IN THE APPLICABLE VERSION. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MAY NOT USE THE SERVICE. DO NOT ACCESS THE SERVICE.
This Amazon Payments Europe User Agreement - Merchant Accounts (the "agreement") is made between the applicant (in the case of registration as a private person) and the company at which the applicant is employed (in the case of registration as a company) ("you" and "Your (n / r)"), and Amazon Payments Europe s.c.a. ("Amazon Payments", "we", "us", "our)") closed. The agreement applies to your use of our currently under the name Advanced Payments APIs (the"Advanced Payments APIs service") offered service for payment processing and related products and services as well as all or appropriate parts of a possible successor product of any name that contains this service (the"service"). Our service allows merchants to receive electronic payments for online purchases, including the issuance and receipt of e-money. This Agreement applies to your use of the service when you receive payments. It also applies notwithstanding whether you access the Service by using an internet or mobile phone service, website, or application owned or controlled by us or any company we control, controlled by us, or jointly is ruled with us (a "affiliated company"), including our main pages at the addresses pay.amazon.com/uk, pay.amazon.com/de, pay.amazon.com/fr, pay.amazon.com/it and pay.amazon.com/es ( together the "Websites"and each one"Website") as well as the Seller Central page ("Seller Central"), or whether you access the Service by using a service, website or application operated by a third party. If you wish to make payments to merchants who use the Service, you must register for a" personal account "Register" or "Business Account" and agree to the conditions set out in the User Agreement - Business Accounts and Private Accounts, which you can view here.
This Agreement sets out our and your respective rights and obligations in relation to all aspects of our relationship, including our management of e-money funds, merchant account restrictions, your consent to receive electronic communications, and dispute resolution. This Agreement contains the applicable policies, notices, procedures, specifications, FAQs, instructions, and guidelines that will be communicated or made available to you, that are available on the Website or Seller Central, or that are referred to in this Agreement and that we can change from time to time (together the "Guidelines"), which you hereby acknowledge and agree to. In the event of any conflict between the Policies and the terms of this Agreement, the terms of this Agreement shall prevail.
1. Your merchant account
1.1 Eligibility to participate. In order to use the Service, you must (a) register for a "Merchant Account", which is described in more detail below (a "Merchant account"), providing complete and correct registration information and, in the case of an individual, be at least 18 years of age, and (b) your business, trade or profession must be established and able to conduct business in one of the countries designated by us, such as ours Websites or Seller Central listed, technically supported, approved if you register for a merchant account. If you do not meet our eligibility requirements, you may not be able to have a merchant account with us or use the service only to a limited extent. We handle all activities through a Merchant account as activities of the registered user. You may only use the service for transactions on your own merchant account and not for other natural or legal persons (or other legal entities). You must update the registration information immediately in the event of changes so that they are complete and correct at all times . We b We reserve the right to use the service for natural or legal persons (or other legal entities) to refuse or discontinue at any time for any reason.
1.2 Merchant Accounts. Merchant accounts are accessed through Seller Central. You can only use a merchant account to sell products and / or services, as applicable, in connection with the service and to manage and exchange e-money. You can only set up a merchant account in the course of running your own business, trade or profession and not for internal or domestic purposes or as a consumer. Subject to the terms of this Agreement and any applicable policy, you may choose to use or terminate the Service at any time after your merchant account has been opened. In connection with the dealer account, you must provide us with your contact and billing data (e.g. name, address, telephone number, fax number, e-mail address), a sales tax number ("VAT ID no."), Customer service contacts, general profile information about your company (e.g. company description, main website, company classification), estimated transaction volume and other information required by law or required by us or our financial institutions to provide the service. Declare as a merchant You agree that the following provisions of the Payment Services Directive 2015/2366 / EC do not apply to your use of the Service: 62 (1), 64 (3), 72, 74, 76, 77, 80 and 89. Your merchant account is linked to your Amazon account (as described below). To create a new merchant account, you must either (a) register with your existing Amazon account or (b) go through the new user registration process, including all the necessary Provide information. When you register with your Amazon account, the information in your A mazon account Amazon Payments as registration information for your merchant account. Depending on the type of account you want to use with your merchant account, additional information may be required. If you do not have an existing Amazon account at the time of registration for the service, a new Amazon account will be set up automatically and at the same time in your name with the same email address and password that you provide to us. In the context of the present agreement, a "Amazon account"Any customer account that you have set up for the purpose of purchasing products or services on a website owned or controlled by Amazon.com, Inc. or its affiliates, or that of Amazon.com, Inc. or its affiliated companies are operated for third parties, including the websites currently under the addresses www.amazon.com, www.amazon.co.uk, www.amazon.de, www.amazon.fr, www.amazon.ca, www .amazon.co.jp, www.amazon.it, www.amazon.es, www.amazon.in, www.amazon.cn, www.amazon.com.br, www.amazon.com.mx, www.amazon .com.au, as well as any successor or replacement websites.
1.3 Our role. Amazon Payments Europe s.c.a. has its registered office at 38 avenue J.F. Kennedy, L-1855 Luxembourg and is registered with the Luxembourg Trade and Companies Register under number B153265. We have been approved by the Commission de Surveillance du Secteur Financier, 283, route d’Arlon, L-1150 Luxembourg, as an e-money institute, license number 36/10. Other than our limited role in processing payments for you, we are not involved in any underlying sales transactions between merchants and buyers. You authorize us to hold, receive and withdraw funds and e-money in accordance with your payment instructions (subject to the terms of this Agreement). In this limited capacity, we are neither the buyer nor the dealer of the goods or services that you offer for sale, and we are not a party to the purchase agreement. Subject to Section 3.5, we will neither mediate disputes between buyers and you nor enforce or arrange for the fulfillment of a purchase contract. You are the responsible dealer for all sales through the service. Our name or the name of one of our affiliated companies appears (as described below) on the buyer's card statement (which, at our option, may also contain your trade or business name). A buyer's obligation to pay for an item purchased through the Service is satisfied when the buyer duly and fully pays us for the item through the Service. We are not acting as trustee or fiduciary for the buyer or for you. We do not accept deposits and do not issue loans. We may use the services of one or more third parties, affiliates, payment processors and / or financial institutions (each a "Payment Processor") to provide the service and to process transactions. We may outsource certain services, including those required under applicable anti-money laundering laws, information technology and internal auditing, to payment processors and their subcontractors who work in Member States of the European Economic Area, the UK, India, Costa Rica, China, Japan, the Philippines, the United States of America or any other country where one of our affiliates is located. You accept for this purpose that payment processors and their subcontractors may be given access to the personal and non-personal information relating to you and your merchant account, including banking details and beneficial ownership information, if required by law To make purchases from you, in some cases we may share certain information, such as your name, merchant category code, and URL, with a buyer's payment service provider. To provide the service, we or our payment processor may use your e-money balance, your card or your bank account that you have given us for use in connection with the service (your "Bank account"), depending on the circumstances, issue a direct debit or credit. Subject to Section 3.1, we do not guarantee payment by or on behalf of a buyer.
1.4 Review. As a prerequisite for providing the service to you or before we allow you to receive e-money or redeem e-money from your merchant account, we may require you to provide additional information to verify your identity or that of your company. We can make inquiries both directly and through third parties that we consider necessary to verify the information you have provided to us, including inquiries into commercial databases or credit reports. You authorize us to obtain one or more credit reports about you from time to time in order to set up, update or renew your merchant account with us, or to provide further information in the event of a dispute relating to this Agreement and the activities of your merchant account receive. Although we may take steps to verify the identity of our users, we cannot and will not guarantee the identity of a user. You are solely responsible for taking appropriate steps to verify the identity of other users of the Service with whom you do business.
1.5 your email address. To access and use the service, our website and Seller Central, as well as to communicate with you (in accordance with the more detailed description in Section 12.1), your email address and a password you have chosen will be used. You may also be asked to answer several security questions, or you may be given security or other access keys or credentials that can be used to allow access to the service and authorize transactions. Your password and your access key are your "access dataYou are responsible for ensuring the confidentiality and security of your login information. You should not disclose your login information to any third party (except to third parties that you have authorized to use your merchant account). You initiate transactions (and provide a declaration of consent for such transactions once you have consented to a payment authorization or order, you cannot revoke this or withdraw your consent to carry out the transaction in any other way. The payment authorization or order is deemed to have been received when you place the order in your account or on Seller Central; if we receive your payment authorization on a non-business day, your payment authorization or order will not be deemed to have been received by the next business day.Business day"means Monday to Friday, excluding public holidays. If your access data has become known to unauthorized persons, you must notify us immediately using our" Contact us "form so that we can block your merchant account from using our service in order to avoid unauthorized transactions. You must also use the "Contact Us" link to notify us if you wish to have your merchant account unblocked. You will not be held financially responsible for unauthorized use of your merchant account due to the loss or disclosure of your login details, provided you have given us proper notice unless they act fraudulently.
1.6 Account Limits. Your use of the Service may be subject to account limits, including, without limitation, transaction volume limits or withdrawal restrictions. These restrictions are set based on performance and risk factors, including our assessment of the risk associated with your merchant account, your location or a buyer's location, the registration information you have provided and our ability to review, and the requirements of applicable law set. Regardless of any account limits, we may delay, suspend or reject a transaction initiated by a buyer or otherwise suspend a merchant account if we suspect that the transaction or merchant account is unauthorized, fraudulent, suspicious or based on previous transaction activity and using our internal Fraud controls, otherwise used unusually.
1.7 Permitted Use. You will at all times comply with all applicable laws, rules and regulations that apply to your use of the Service, including our usage guidelines posted on the Website. Without limiting the foregoing, you may not act as a payment service provider, intermediary, aggregator, service agent, or otherwise resell the Service for any third party, including processing, settling, and transferring funds or e-money for any third party. We may control your merchant account for no specific reason, including for the purpose of investigating an alleged breach of this Agreement or third party complaints.
2. Receiving Payments
2.1 Acceptance of E-Money. You can use a merchant account for commercial and business purposes only to receive payments from buyers who have purchased products or services that you have sold. Unless permitted by using the service, you may not use your merchant accounts to send payments to anyone. You will become electronic money (as defined in the Luxembourg Payment Services Act 2009) ("E-money") as payment for the sale of the products or services through the Service.We will provide an e-money amount equal to the gross sales proceeds actually received from the buyers' banks or card issuers, less any applicable fees, set-offs and other amounts owed to us at that time under this Agreement ("Net sales"), at the latest on the business day on which the gross sales proceeds were credited to our bank account, and transferred to your merchant account. You will not receive any interest or other income on your e-money or funds equivalent to your e-money. E-money does not make a deposit and therefore you are not covered by the protection of deposit guarantee schemes, including the scheme of the Association pour la Garantie des Depots Luxembourg.
2.2 Card Payments.
2.2.1 Cards accepted. You can use your merchant account to receive e-money payments that are covered by payment methods accepted by us, including credit, debit and other payment cards ("cards") that use the logo of supported payment card associations, networks or companies (the"Card associations"). We can cancel or add cards accepted by us or other forms of payment at any time without prior notice. We will only settle cards that have received authorization from the respective card association or the respective card issuer. An authorization does not guarantee that the transaction can be collected or that the cardholder is actually authorized to use the card, or that the transaction is not subject to a chargeback (see section 3).
2.2.2Compliance with rules. You will comply with our card settlement policies, procedures and instructions, which are posted on our website or Seller Central, or made available to you from time to time. As a prerequisite for the acceptance of cards via the service, the card associations require that you comply with all applicable rules and regulations of the card associations in the currently valid version, which are communicated to you and / or are generally accessible to the public (including dealer rules that are based on the pages www.visaeurope.com and www.mastercard.com are published), ("Card Association Rules"). By using the service you agree to abide by the rules of the card associations. Unless the rules of the card associations dictate otherwise, you may (a) not set any limits below which you will not accept a card (unless otherwise required by law is allowed), or (b) do not withdraw money in a card transaction.
2.3 Order processing. Subject to the terms of this Agreement, we will process payments and refunds for your transactions submitted through the Service. You are responsible for providing all information for any products or services you sell (e.g., product names or descriptions, product notices or disclaimers, prices, product availability or status, shipping and handling charges, and taxes) (collectively "Product Information") and also to provide customers with correct and complete product information. In accordance with applicable law, we will determine when we will process payments and refunds for your transactions. You are the responsible merchant for all sales you make through the Service We may withhold or refuse to process any of your transactions that we suspect are fraudulent, unlawful or otherwise violate the terms of this Agreement for the purpose of investigating. We will become a transaction that you duly initiate and authorize process within one business day. We may refuse to conduct a transaction if it does not meet the terms of this Agreement or is prohibited by law. If we refuse to conduct a transaction, we will inform you of the refusal within the time given to us rec You are entitled to process this transaction (unless prohibited by law) and, if possible and indicated, also of the reasons for our refusal and the procedure for correcting factual errors that led to the refusal. Every transaction that we refuse to process is deemed not to have been received in terms of the duration and liability for non-processing or poor processing. If a transaction is not carried out or incorrectly carried out by us, we will endeavor to follow up the transaction immediately upon request. We will inform you of the result free of charge.
2.4 delivery errors and deviations; Product recall. You are responsible for any non-delivery, mis-delivery, theft or other errors or actions in connection with the performance and delivery of your products or services, insofar as these are not caused by: (a) card fraud for which we are responsible under Section 3.1 ; or (b) by not providing you with transaction information in the way we received it. You are also responsible for any irregularities or defects in your products or services, or any public or private recall thereof. You will notify us immediately as soon as you become aware of a public or private recall of your products or services.
2.5 Refunds and Returns.
2.5.1 Your Obligations. You will and you will accept and process returns of your products or services and provide refunds and compensation for your products or services in accordance with applicable law, this Agreement and your policies posted on your website at the time of the relevant sale Calculate and refund related taxes that are refundable. You will process all refund (and compensation) payments through us by accessing Seller Central through your merchant account. We or our designated affiliate will credit the relevant account and you will reimburse us for any amounts refunded in this way. We are under no obligation to accept returns of your products or services.
2.5.2 Card Credits. You (a) must maintain a fair policy for returning or canceling products or services and offsetting card sales, (b) communicating your return or cancellation policy to your buyers at the time of purchase, (c) allowing any buyer in connection with Refund cash on a ticket sale; and (d) may not accept cash or any other consideration for the transfer of a refund to a buyer's account in connection with a ticket sale. The amount of the refund / compensation may not exceed the total amount shown in the original sales details, except for the exact amount required to reimburse the buyer for postage paid by the buyer to return the goods. If you accept returns and make an unequal exchange of the goods (e.g. different retail price), you must issue a credit for the total amount of the returned goods and make a new sale for new goods. If your refund policy prohibits returns or does not satisfy the customer, you may still receive a chargeback for those sales.
2.6 Reserve. In order to ensure that you can meet your payment obligations under the present agreement, we can require you to either hold a minimum balance on your merchant account or a separate reserve account (a "Reserve") for the service you are using. Any reserve will be reasonably determined by us to cover the risk associated with providing the service (including and without limitation expected chargebacks or credit risks) or an amount determined by our payment processor Each reserve can be increased, decreased or canceled. You agree that we can build up a reserve from your e-money credit. If your e-money credit does not have sufficient funds, we can create a reserve from you to cover funds sent by us (including from your bank account) or funds owed to you under this Agreement. You authorize us to make any withdrawals or direct debits from reserves, without notice, in order to collect amounts owed to us or to other customers by you.
2.7 Payouts. Subject to the restrictions set forth in this Agreement, we will automatically redeem e-money issued to you fourteen (14) days after the first business day on which the relevant transactions are completed. Redemption payments are only made by direct deposit into your bank account. In addition to any applicable account limits, we may limit transactions to or from your merchant account or limit access to your e-funds to the extent and for a period of time that we reasonably consider necessary for our protection or to protect other users : (a) we are exposed to financial risk (including outstanding chargebacks), (b) you have breached any terms of this Agreement, (c) we are unable to verify your identity, (d) a dispute relating to or related to your merchant account related transaction exists, or (e) this is necessary to ensure the security of our systems. We may restrict access to your e-money until we have completed ongoing investigations or resolved any pending disputes. We may also withhold your e-money in accordance with statutory regulations or court orders, or by order of a law enforcement or other government agency.
2.8 Account History. We or our affiliated companies will provide you with overviews of your account activities via Seller Central. Subject to applicable law, you are solely responsible for (a) maintaining and maintaining ongoing records of all transactions and other data relating to your account and your use of the Service, and (b) coordinating all payment activities to and from your account. Upon termination of this Agreement for any reason, neither we nor any of our affiliates have any obligation to you to provide any records, records or other information relating to the Website, your account, the Service or any transactions you submit through the Service store, retain, report or otherwise provide copies of or access to them.
2.9 Unauthorized Transactions.
2.9.1 General. Subject to the restrictions contained in this agreement, we will - if you notify us in good time that an unauthorized or incorrect transaction has been made through your merchant account - we will immediately refund the amount of the unauthorized payment and, if necessary, take other necessary measures to restore your merchant account restore to the state it would have been in had the unauthorized or erroneous transaction not occurred. In order to be eligible for a refund, you must notify us without undue delay as soon as you become aware of unauthorized or incorrectly executed transactions on your merchant account, and in no case later than 60 days after the transaction date, unless we have the information described in relation to this transaction is not provided in accordance with Section 2.8.
2.9.2 Your Responsibilities. You are responsible for all losses related to an unauthorized transaction through your merchant account if you have acted fraudulently or, whether intentionally or with gross negligence, did not use your merchant account in accordance with the terms of this Agreement, your login details were not protected or we did not act accordingly have notified the requirements in Section 2.9.1 of the unauthorized transaction.
2.10 Dormant Merchant Accounts. If your merchant account has been inactive for at least two (2) years and six (6) months continuously (including no access to your merchant account or no transactions made) and you are managing e-money at that time, we will notify you by e -Mail to your registered email address, giving you the choice of maintaining your merchant account and keeping the e-money, redeeming the e-money (subject to the terms of this Agreement), or your e-money in an Amazon gift card balance that is kept on your Amazon account. If you do not respond to our communication within thirty (30) days, we will automatically close your merchant account and convert your e-money into an Amazon gift card balance on the Amazon account.
2.11 Customer Service. Subject to provisions to the contrary in this Agreement, you are responsible for all customer service matters in connection with your products or services (including pricing, discounts, item information, availability, technical support, issuing VAT invoices if applicable, functionality and warranty), order execution (including shipping and processing), You or the buyer are solely responsible for canceling orders, returning items, refunds, and compensation, and providing feedback on employee experience, policies, or operations. When performing customer service, you will always present yourself as a separate company from us. In the relationship between you and us, we are solely responsible for all customer service matters related to a buyer's account, payments, card billing, debit or credit issuance, and the buyer dispute program.
2.12 Collection Authorizations. The service may allow buyers to authorize you to collect Recurring Payments, Multiple Payments, and Divisible Payments. "Recurring payments"apply to payments of specific or variable amounts for subscription services that are to be provided at regular time intervals up to a maximum amount over a certain period of time. "Multiple Payments" exist in the case of payments of variable amounts up to a maximum amount over a certain period of time. Multiple payments may only be used for multiple payments that are not recurring payments. The buyer may terminate any Recurring Payment or Multiple Payment at any time and you will not charge them any fees for such termination.Divisible payments"These are authorizations given to you by buyers to collect the full payment amount for an order consisting of several items, which you are entitled to split into several partial payments at the respective time of the fulfillment of the contract with regard to the items in question to the buyer It is not permitted to use divisible payments or multiple payments for the collection of recurring payments and as a financing instrument for orders. The individual collections in the case of divisible payments must correspond to the products or services sent or performed that belong to the order for which the collection authorization is granted and their total amount may not exceed the sum of the prices for the items ordered plus applicable charges (excluding financing charges, interest or applicable charges) and taxes, unless otherwise permitted by Amazon Payments all recoveries must be made within 180 days of the relevant order placed by the buyer through your website or application; This does not apply to refunds, recurring payments and multiple payments.
3. chargebacks; Buyer Conflicts
3.1 your liability; Payment Protection Policy. The amount of a transaction can be debited back or charged back to your merchant account (a "Chargeback") if the transaction (a) is challenged by a buyer, (b) is reversed for any reason by a card association, our payment processor, or our financial institution or a buyer's financial institution, (c) was unauthorized or we have reason to believe that the transaction was unauthorized, or (d) allegedly unlawful, suspicious, or in violation of the terms of this Agreement. Under our Payment Protection Policy, we will not hold you liable for chargebacks if you and the transactions meet all of the following conditions:
- You have a merchant account.
- The transaction must begin with the sale of physical products, such as B. books, DVDs, etc., related. The Payment Protection Policy does not apply to transactions involving intangible goods such as services, digital content or cash equivalents or payment instruments with stored value such as gift cards.
- Chargeback transactions (regardless of whether they are credit card transactions or bank account chargebacks) will be challenged and classified as an "unauthorized payment". Note that this does not apply to chargebacks that have been classified otherwise, including "material deviation from description", "defective goods" or "non-receipt of goods".
- You provide all requested information within the period specified by us, including a valid delivery receipt to the address specified by Amazon Payments for the respective transaction.
3.2 Collection Rights. For every transaction that results in a chargeback, we can withhold the chargeback amount in a reserve. We may collect the amount of any chargeback and any related fees, fines or penalties set out in the applicable fee schedule or charged by any card association, our payment processor or financial processing institution from your electronic money (including any reserve) from the proceeds owed to you , Your bank account or other payment instruments that are registered with us. In addition, if we reasonably believe a chargeback in relation to a transaction submitted or authorized by you or on your behalf, we may withhold any amount of any payment otherwise owed to you under this Agreement until: (a) a A chargeback is determined based on a complaint by a user, in which case we will withhold the funds; (b) the period within which the user can contest the transaction under any applicable law or regulation has expired; or (c) we determine that there will be no chargeback for the transaction. If we are unable to recover the funds in relation to a chargeback for which you are responsible under this Agreement, you will promptly pay us the chargeback amount in full upon request. You agree to pay all costs and expenses, including legal fees and other legal costs, incurred by us or for us in connection with the collection of any negative merchant account balances that have not been paid by you. If we decide not to have a chargeback from you or any other failed payments or payment cancellations (a "Payment default"), we assume the liability associated with the payment default and you irrevocably transfer to us all rights, property and legal claims that you have in this liability and that are connected to it. You agree to provide us with all information and issue all documents that we may need to identify and assign those rights, property or legal claims.
3.3 Excessive Chargebacks. If we discover that you are having an excessive number of chargebacks, we may place controls or conditions on your merchant account, including by (a) setting new settlement fees, (b) creating a reserve at an amount that we reasonably consider Coverage of anticipated chargebacks or related fees is determined; (c) restriction of withdrawal or instruction rights; or (d) termination or suspension of the service.
3.4 Avoidance of chargebacks. They will, upon request and at your expense, assist us in investigating any of your transactions through the Service. For chargebacks related to cards, we will work with you to dispute the chargeback with the card association or issuing bank should you decide to dispute the chargeback. We will request the necessary information from you to dispute the chargeback. If a chargeback is successfully challenged and the funds are retained by us, we will release the retained funds (less fees or other amounts owed in connection with the chargeback) to your merchant account. If a chargeback conflict is not resolved in your favor or if you decide not to dispute the chargeback, we can get back the chargeback amount and the associated fees in accordance with the stipulations in section 3.2. You acknowledge that if you fail to assist us in investigating a transaction in a timely manner, including by providing necessary documentation within seven (7) days of our request, there may be an irreversible chargeback.
3.5 Buyer Conflict Program.
3.5.1 Your Responsibilities. You agree to work with us to resolve complaints submitted through our Buyer Dispute Program. The program provides buyers with a complaint mechanism in the event that you fail to deliver products or services as promised. You will respond to our inquiries within seven (7) business days of our request and provide us with any information reasonably requested from us in relation to any disputed sales transaction. If a buyer files a complaint, we can withhold the amount in dispute; You can only withdraw the amount once the complaint has been resolved.
3.5.2 A-to-z Guarantee. Our Buyer Dispute Program includes our "A-to-z Guarantee". If we receive a claim under the A-to-z Guarantee (or any substantially equivalent offer) in relation to your Transactions, you must provide us with the following within seven (7) business days: (a) Proof of delivery of the concerned products; (b) the identification number of the relevant transaction; and (c) a description of the relevant products. If you fail to comply with the preceding sentence or if the claim is not (i) due to credit card fraud, for which we are responsible under Section 3.1, or (ii) because we did not provide you with the relevant transaction information in the way we did received, you are obliged to immediately pay us the amount of the purchase (including the purchase price, all associated shipping and handling fees and all taxes) and all associated card association, bank or other payment processing, resubmission and / or to reimburse any penalty fees associated with the original purchase and any chargebacks or refunds, each to the extent that they were paid or are payable by us or our affiliates.
4. Practical implementation
4.1 Technical specifications. You will comply with any technical and operational specifications that we may apply in relation to the service (the "SpecificationsWe reserve the right to update or change the specifications at any time. Before making your website or service generally available for commercial use with our service, you will test your website or service to ensure that he / she is running properly with the specifications You will correct any material errors, deficiencies or other discrepancies of which you become aware, including from examination and test results.
4.2 Updates. We may make modifications, updates or improvements to the service, the Amazon materials (see Section 8) or the specifications. In this case, you will test your website or your service and, if necessary, modify it to ensure that it continues to run properly with the current version of our service.
5. Payment terms
5.1 Our fees. You undertake to pay the applicable fees that are listed in the applicable fee schedule ("feesFees are charged based on the amount of the transaction, including any costs incurred (e.g. shipping, sales tax, etc.). We reserve the right to change our fees at any time. All e-money and all Fees, costs and payments collected or paid through the Service are denominated in pounds sterling (GBP) or euros (EUR) depending on which website you register on.
5.2 Our set-off rights. To the fullest extent permitted by law, we may accept any liability you owe us under this Agreement, including but not limited to any chargebacks, card association fees, other fees and any amounts, taxes or duties that we may incur by law or under any binding legal system in connection with your To use the service to pay ("Prints"), set off against e-money, a reserve or any proceeds owed to you, or debit this to your bank account or other payment instruments in your merchant account. All deductions are calculated by us at the time a transaction is processed and first from the transferred or collected funds and then from Deduced from your e-money. If you owe us an amount in excess of your e-money, you hereby authorize us to debit your bank account or debit a payment instrument entered in your merchant account, or you pay the outstanding deductions in full upon receipt of our invoice In addition to the collected amount, you are liable for and pay us on account our costs in connection with the collection of the amount, including any lawyer's fees, court costs, collection agency fees and any interest incurred.
5.3 Processing errors. In the event of an error in processing a transaction, you authorize us to issue direct debits or credits to your merchant account or bank account in order to correct the error, provided that such corrections are made in accordance with the applicable laws and regulations. If for any reason we are unable to debit the bank account you have selected, you authorize us to resubmit the direct debit plus applicable fees to another bank account or payment instrument that you have registered with us (or - in the case of fees which are subject to this agreement owed - deduct these amounts from your e-money).
5.4 Taxes. You are responsible for determining all taxes and duties, including any sales, consumption, traffic, sales, value-added, withholding and other taxes and / or duties, incurred for any reason in connection with the application or execution of the Service or your use of the Sites or Seller Central, the sale or purchase of products or services, or otherwise in connection with any act or omission by you or any of your affiliates or any of your or their employees, agents, contractors or agents or accrue, or must be withdrawn, paid or withheld ("TaxesYou are also responsible for collecting, withholding, reporting and remitting the correct taxes to the appropriate tax authorities. While we may provide you with a means of determining and applying taxes to your transactions (including as part of your Product Information), but we and our affiliates have no obligation to determine if taxes will be incurred and are not responsible for calculating, collecting, reporting, or remitting taxes incurred on a transaction to any tax authority.
You agree that as long as we have a business relationship with us, we may share relevant information about your merchant account (including but not limited to your name, tax identification code and transaction information) with the tax authorities in your country of incorporation, insofar as this is required by applicable law (e. B. in cases where you may be eligible to apply for a tax credit).
6. Term and Termination
6.1 Term. This Agreement will take effect the day you register for a merchant account with us through the Website or Seller Central. The Agreement will remain in effect until terminated in accordance with the provisions of this Section 6.
6.2 Termination by You. Unless otherwise agreed in writing with you, you can terminate your use of the Service and / or this Agreement at any time by contacting Customer Service and, should you wish to terminate this Agreement, close your merchant account. After your merchant account is closed, all pending transactions will be canceled. Any e-money that we hold in your merchant account at the time of closure can be redeemed, minus any amounts owed to us or amounts that cannot be redeemed in accordance with this agreement, provided that all authentication requirements in connection with the withdrawal are met (for example, you are not allowed to close your merchant account in order to bypass restrictions on e-money withdrawals). If an investigation is in progress at the time of your order to close your merchant account, we can withhold your e-money in accordance with the more detailed provisions in section 2.7. If it is later determined that you are entitled to part or all of the disputed e-money, we will transfer the relevant funds to your bank account.
6.3 Suspension or termination by us. Unless otherwise agreed in writing, we can terminate your use of the Service and this Agreement at any time for any reason with a notice period of two (2) months in writing to you. Without limiting the foregoing, we may suspend the Services and block access to your Merchant Account (including funds in your Merchant Account) (a) if you have violated the terms of this Agreement, (b) if we determine that an unacceptable one of yours is We are at risk (c) if you provide or have provided false, incomplete, inaccurate, or misleading information (including registration information) or are otherwise fraudulent or unlawful; (d) if we have concerns about the security of your merchant account, including your login credentials, or (e) we suspect unauthorized or fraudulent use of your merchant account or the payment information on your merchant account. In these cases, we will inform you of the suspension of your merchant account and the reasons for the suspension - if possible before the suspension and no later than immediately thereafter - unless we believe this notification would raise security concerns or is prohibited under applicable law. We will reactivate or replace your merchant account or login details as soon as we have resolved the reasons for the suspension. You must notify us using the "Contact Us" link if you want to reactivate your merchant account.
6.4 Effect of Termination. Without prejudice to Clause 10, we shall not be liable to you for any compensation, reimbursement or compensation of any kind (direct or indirect), including damage due to lost profit, lost sales or loss of goodwill or due to expenses, investments or obligations in connection with use of the Service by you or in connection with a termination or suspension of the Service. Upon termination of this Agreement for any reason: (a) you will continue to be liable for all costs, fees and other payment obligations incurred in connection with the Service up to the date of termination; (b) become all licenses or any other party under it Rights granted to the agreement are withdrawn immediately, (c) you return all Amazon materials and trademarks (see description below), destroy them or stop using them, and (d) your access to the website and Seller Central will be suspended. In addition to your payment obligations under this Agreement, the following clauses of this Agreement will survive the termination of this Agreement in accordance with their respective terms and conditions: 1.3, 2.4, 2.6, 2.7, 2.10, 2.11, 3.2, 5.2, 5.4, 6.4, 7, 8.3, 9.2 and 10 up to and including 12.
7. data protection; User data.
8.1 Amazon Materials. During the term of this agreement, you may only use the Amazon materials for your internal purposes and only to the extent necessary for you to use the service. "Amazon materials"are software (including developer tools, code samples and code libraries), data, materials, content, and printed and electronic documents (including the specifications and integration instructions) developed by us or our affiliates and made available to you for download from the website or on Seller Central. Amazon materials are not software, data, or other materials that are expressly provided by us or our affiliates on the basis of separate license terms or that are created by third parties, including software that is based on a Open source license is provided, such as Apache 2.0.You may not, directly or indirectly, do or attempt to do any of the following:
(a) transfer, sublicense, lend, sell, assign, lease, rent, act as a service agent for, distribute, or grant rights to the Service or the Amazon Materials to any individual or legal entity (or any other legal entity);
(b) remove, obscure, or modify any reference to any trademark or other intellectual property right or other proprietary right appearing on or contained in the Service or Amazon Materials;
(c) modify, change, manipulate, repair or otherwise create derivative works from any software contained in the Amazon Materials, although the foregoing provision does not preclude your creation of derivative works from software that we have on the website in accordance with separate license terms that are included with this software and that expressly permit the creation of derivative works;
(d) reverse engineer, disassemble, or decompile the Amazon Materials or the Service, or use any other process or method to determine the source code of any software contained in the Amazon Materials or part of the Services.
8.2 Trademarks. Subject to the terms and conditions of this agreement and provided that your merchant account is properly managed, we grant you the non-exclusive, non-assignable, non-transferable and revocable right to "Amazon", "Amazon Payments", "Pay via Amazon" , "Advanced Payments APIs", "Amazon Pay" and other related designs, graphics, logos, page headers, button icons, scripts and service names (collectively "Brands"), which are designated by us, only in accordance with our trademark guidelines and the other documents which we may provide from time to time, to use. You may only use the trademarks in the manner as expressly permitted in this agreement In addition, you may not sublicense these rights or allow any other party to use the Marks in any other way. You acknowledge that we and our affiliates are the sole owners of the Marks, and you agree not to anything Company that conflicts with such ownership. Any goodwill arising from the use of the trademarks is solely for the benefit of us and our affiliates. Our trademarks and the trademarks of our affiliates may not be used in any way that is liable to cause confusion, nor in a way that suits us or denigrate or discredit our affiliates, and they may not be used in connection with any product or service that is not our product or service. We may revoke your license at any time and in our sole discretion. Upon termination or termination of this Agreement, you must immediately stop using the Marks. All other trademarks not owned by us appearing on the Website or on Seller Central or in connection with the Service are the property of their respective owners who may be affiliated with, related to or endorsed by us. We and our affiliates may only use your name, logo, service name, or trademarks referred to by you as necessary to provide the service in accordance with our specifications and other guidelines (including on websites operated with other companies that are used to process orders). Unless you request otherwise, we and our affiliates may use your name or logo to identify you as a participating dealer.
8.3 Reservation of Rights. With the exception of the limited usage and access rights and licenses that are expressly set out in this agreement, both we and our affiliated companies reserve all rights and claims (including all intellectual property rights and other property rights) to the service, the Amazon Materials, our trademarks and the trademarks of our affiliates and any other technology, software and any other intellectual property that we provide or use to provide the Service, the Websites, Seller Central and the Amazon Materials. Other than the limited use and access rights set forth in this Agreement, you do not acquire any title or interest in any of the Service, Websites, Seller Central, Amazon Materials, our trademarks, or any other technology by virtue of this Agreement , Software or other intellectual property provided by us or our affiliates.
8.4 Press releases. You may not publish any press releases or other public announcements relating to the Service or use the names, trademarks or logos of us or our affiliates in any form (including in promotional materials) without our prior written consent nor misrepresent or embellish the relationship between us in any way. If you provide us or our affiliated companies with ratings or other statements about our services, we can use such offers for advertising purposes.
9. Representations and Warranties; Disclaimers of Liability
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