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AMAZON.CO.UK CONDITIONS OF USE AND SALELast updated on September 5, 2012 Welcome to Amazon.co.uk. Amazon EU SARL and/or its affiliates ("Amazon") provide website features and other products and services to you when you visit or shop at Amazon.co.uk (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. Conditions of Use Conditions of Sale CONDITIONS OF USEPlease 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 Profile, 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. Notice and Procedure for Making Claims of Right Infringements Notice and Procedure for Notifying Amazon of Defamatory Content 1 PRIVACYPlease review our Privacy Notice and Cookies & Internet Advertising Policy, which also govern your use of Amazon Services, to understand our practices. 2 ELECTRONIC COMMUNICATIONSWhen you use any Amazon Service or send emails to us, you are communicating with us electronically. We will communicate with you by e-mail or by posting notices on the website or through the other Amazon Services. 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 RIGHTSAll 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. 4 TRADEMARKSClick here to see a non-exhaustive 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 PATENTSOne or more patents owned by Amazon apply to the Amazon Services and to the features and services accessible via the Amazon Services. Portions of the Amazon Services operate under license of one or more patents. Click here to see a non-exhaustive list of applicable Amazon patents and applicable licensed patents. 6 LICENCE AND ACCESSSubject 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. 7 YOUR ACCOUNTIf 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 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. 8 REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENTVisitors 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, 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 any content on or advertised for sale on any Amazon Service contains a defamatory statement, or 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. 9 INTELLECTUAL PROPERTY CLAIMSAmazon 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. 10 AMAZON SOFTWARE TERMSIn addition to these Conditions of Use, the terms found here 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"). 11 OTHER BUSINESSESParties 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. 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. 12 AMAZON'S ROLEAmazon allows third party sellers to list and sell their products at Amazon.co.uk. In each such case this is indicated on the respective product detail page. While Amazon as a platform provider helps facilitate transactions that are carried out on the Amazon platform, 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 responsibility arising out of or in connection with it nor is it the seller's agent. The 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. For conditions relating to the sale by third parties to you on Amazon.co.uk see the Participation Agreement. 13 OUR LIABILITYWe 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. 14 APPLICABLE LAWThese 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. 15 ALTERATIONS TO SERVICE OR AMENDMENTS TO THE CONDITIONS OF USEWe reserve the right to make changes to any Amazon Services, policies, terms and conditions including these Conditions of Use, and Service Terms at any time. You will be subject to the terms and conditions, policies and Conditions of Use in force at the time that you use the Amazon Services. If any of these Conditions of Use 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. 16 WAIVERIf 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 CHILDRENWe 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 DETAILSAmazon.co.uk is the trading name for Amazon EU SARL, Amazon Services Europe SARL and Amazon Media EU SARL. This website (excluding the Amazon.co.uk Marketplace and MP3 Music Service) is owned and operated by Amazon EU SARL. The Amazon.co.uk Marketplace, together with any other third-party seller programmes operated on the website from time to time are operated by Amazon Services Europe SARL. The MP3 Music Service is operated by Amazon Media EU SARL. 19 NOTICE AND PROCEDURE FOR MAKING CLAIMS OF RIGHT INFRINGEMENTSIf you believe that your rights are being infringed, you may fill out and submit the Notice Form. We respond expeditiously to rights owners and their agents who complete and submit the Notice Form to communicate concerns about any alleged infringement. 20 NOTICE AND PROCEDURE FOR NOTIFYING AMAZON OF DEFAMATORY CONTENTBecause millions of products are listed and many thousands of comments are hosted on Amazon.co.uk, it is not possible for us to be aware of the contents of each product listed for sale, or each comment or review that is displayed. Accordingly, we operate on a "notice and action" basis. If you believe that any content on or advertised for sale on, the website contains a defamatory statement, please notify us immediately by completing and submitting a Notice. Follow the instructions in the Notice and send a printed and signed copy to: Defamation Notices, Legal Department, c/o Patriot Court, 1-9 The Grove, Slough, Berkshire, SL1 1QP. ADDITIONAL AMAZON SOFTWARE TERMS1. 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. CONDITIONS OF SALEThese Conditions of Sale govern the sale of products by Amazon EU SARL to you. Amazon.co.uk is a trading name of Amazon EU SARL. For conditions relating to the sale by third parties to you on Amazon.co.uk see the Participation Agreement. We offer a wide range of Amazon Services, and sometimes additional terms may apply. When you use an Amazon Service (for example Your Profile, 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 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. 1 OUR CONTRACTYour 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 an e-mail confirming receipt of your order and containing the details of your order (the "Order Confirmation E-mail"). The Order Confirmation E-mail is acknowledgement that we have received your order, and does not confirm acceptance of your offer to buy the product(s) 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 confirmation to you that we've dispatched the product to you (the "Dispatch Confirmation E-mail"). If your order is dispatched in more than one package, you may receive a separate Dispatch Confirmation E-mail for each package, and each Disptach Confirmation E-mail and corresponding dispatch will conclude a separate contract of sale between us for the product(s) specified in that Dispatch Confirmation E-mail. Your contract is with Amazon EU SARL. Without affecting your right of withdrawal set out in section 2 below, you can cancel your order for a product at no cost any time before we send the Dispatch Confirmation E-mail relating to that product. 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. 2 RETURNSPlease review our Returns Policy which applies to products sold by Amazon. In addition to your 30-days returns guarantee, customers in the European Union are entitled to a statutory withdrawal right of seven business days. Details of this statutory right and an explanation of how to exercise it are provided in the order confirmation e-mail and in the Returns Policy. Amazon does not take title to returned items until the items arrive at the returns address destination. At our discretion, a refund may be issued without requiring a return. In this situation, Amazon does not take title to the refunded item. 3 PRICING AND AVAILABILITYAll prices are inclusive of legally applicable VAT. 4 PRODUCT INFORMATIONUnless expressly indicated otherwise, Amazon is not the manufacturer of the products sold on this website. While we work to ensure that product information on our website is correct, actual product packaging and materials may contain more and different information to that displayed on our website. Ingredients may also change. All information about the products on our website is provided for information purposes only. We recommend that you do not rely solely on the information presented on our website. Please always read labels, warnings and directions provided with the product before use. 5 CUSTOMSWhen 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 Information. 6 1-CLICK ORDERING1-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. 7 OUR LIABILITYAmazon and its affiliates will not be responsible for (i) losses that were not caused by any breach on our part, or (ii) any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure), or (iii) any indirect or consequential losses that were not foreseeable to both you and us when the contract for the sale of products by us to you was formed. 8 APPLICABLE LAWThese 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. 9 AMENDMENTS TO THE CONDITIONS OF SALEWe 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. 10 WAIVERIf 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. 11 CHILDRENWe 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.co.uk with the involvement of a parent or guardian. 12 OUR CONTACT DETAILSAmazon.co.uk is the trading name of Amazon EU SARL. Our contact details are:
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