A. AMAZON EASY SHIP TERMS
A.1 Amazon Easy Ship Terms of Service
Amazon Easy Ship Service ("Easy Ship Service") is a service that allows Amazon Seller Services Private Limited ("Amazon" and the expressions “we”, "our" and “us” will be construed accordingly) to facilitate and make available transportation services within the territory of India using Amazon Transportation Services Private Limited, a logistic services provider ("LSP"), for delivery of Your Products to the customers on the Amazon Site.
- You accept and acknowledge that use of the Easy Ship Service shall, in addition to the Easy Ship Service Terms specified herein, be subject to the provisions of the Amazon Services Business Solutions Agreement at all times. Unless defined in these Easy Ship Service Terms, all capitalized terms used herein shall have the same meaning as assigned to it in the Amazon Services Business Solutions Agreement.
- Except to the extent specified in these Easy Ship Service Terms, all other terms of the Amazon Services Business Solutions Agreement shall apply to the Easy Ship Service and nothing contained herein shall affect or alter in any manner whatsoever, the validity, enforceability and interpretation of the terms stipulated under the Amazon Services Business Solutions Agreement.
- You hereby agree to avail the Easy Ship Service only for Your Products sold on the Amazon Site and not for any other products listed/sold on websites/marketplaces other than the Amazon Site.
- You agree to indemnify, defend, and hold harmless Amazon and/or the LSP from all claims, judgments, damages, fines, penalties and expenses (including reasonable attorneys' fees) that may arise out of or as a result of any of your acts or omissions with respect to the Easy Ship Service provided by Amazon to you, or your breach of the Easy Ship Service Terms and/or the Amazon Services Business Solutions Agreement and/or the Conditions of Carriage of the LSP.
- You agree and acknowledge that in the event of any loss or damage to Your Products during the course of transit, your sole and exclusive recourse shall be against the LSP and will be governed by the Conditions of Carriage of the LSP. You further agree that Amazon will have no liability for any loss or damage to Your Products. In the event you desire to seek full coverage of loss of Your Products during shipment, you may at your own discretion and costs (including premium, as applicable), insure Your Products through an insurance company. In any event Amazon will not be liable for any disputes between you and the customer or you and the insurance company, as the case may be.
- You agree and acknowledge to accept all undelivered shipments (i.e. packages which could not be delivered to the customer and are being returned to you) from the LSP. In case of any query or concerns on these returned shipments, you may contact Amazon Seller Support after accepting the returned shipment.
- All reimbursement claims for lost, damaged, shipping fee and switcheroo cases must be notified to the LSP in writing within seven calendar days of the shipment being returned to seller. Reimbursement claims filed after this period will not be accepted and no action for loss may be brought against LSP. Receipt of the shipment by the consignee without written notice of damage on the delivery receipt is prima facie evidence that the shipment was delivered in good condition. No claim for loss will be entertained until all invoices and charges have been paid.
- LSP shall have a general lien on all shipments in its possession, custody or control for any monies whatsoever due from you and such general lien shall extend to all freight charges, Octroi duties and taxes, advances, or any other charges of any kind arising out of transit hereunder. LSP shall be entitled to detain any shipment until such dues are paid and, without prejudice to LSP’s other legal remedies to recover its costs, charges and expenses, shall be entitled, after giving 14 days’ notice to you, to sell the shipments by public auction, tender, private agreement or otherwise or even destroy the shipments as agent for and at your expense and apply the proceeds in or towards the payment of such sums. Upon accounting to you for any balance remaining after payment of any sums due to LSP and any costs of retention, insurance and sale or disposal, LSP shall be discharged of any liability whatsoever in respect of the shipment.
- Amazon or LSP or any of their respective officers, directors, employees, representatives and agents shall not be liable for any loss, damage, claims, charges, penalties, suffered by or incurred by you as a result of or arising out of your use of the Easy Ship Service.
- You agree that orders received and/or items returned from customers within Easy Ship Service delivery coverage area will only be fulfilled using the Easy Ship Service through the LSP and in terms of these Easy Ship Service Terms.
- Prior to pick up of Your Products by the LSP in terms of the Easy Ship Service, you will ensure that: (a) all Your Product(s) are properly packaged for protection against damage and deterioration during shipment; and (b) all necessary documents required in connection with the shipment of Your Products and/or customer returns including packing slips, invoices and/or government regulatory documents have also been provided.
- You will ensure that all Your Products handed over to the LSP are suitable for shipment. LSP may refuse to accept any shipment that it may consider unsuitable in its sole discretion or not in compliance with the Conditions of Carriage of the LSP. LSP may return or dispose of or destroy any shipment that LSP determines in its sole discretion to create a safety, health or liability risk to LSP, its personnel or any third party and in such a scenario, the title to each such disposed or destroyed shipment will transfer to the LSP as necessary for it to dispose of or destroy the shipment. In addition, you will compensate the LSP for any damages incurred including any expenses the LSP incurs in connection with any unsuitable shipments.
- The LSP will pick-up shipments from your designated address, and will deliver the same to the customers as per the address mentioned on the invoice of Your Products. In case of any customer returns, the LSP will pick up the items from the customer as per the delivery address mentioned on the invoice of Your Products or any other address given by the customer and return it back to your designated address. You agree and acknowledge to accept all such customer return items from the LSP. In case of any query or concerns on these returned items, you may contact Amazon Seller Support after accepting the item.
- You are responsible for raising or collecting from customers any appropriate documentation including invoices, delivery challans, way bills, stock transfer forms (e.g., Form F) or any other statutorily required documentation for reporting of both shipment of items from your location or customer returns using the Easy Ship Service. You will be solely responsible for clearing any shipments held up at any check-posts or seized by tax authorities as a result of non-compliance of any required documentation requirements.
- You will pay us the fees as set out in the Amazon Easy Ship Fee Schedule. It is hereby clarified by Amazon and agreed by you that once the shipment is handed over for delivery to the LSP or returned by the customer to the LSP, you shall be liable to pay the Amazon Easy Ship Fees to Amazon irrespective of the fact that such Shipment is lost or damaged during the course of transit or returned un-delivered (in respect of delivery to the customer) because of any other reasons. In case the shipment has to be rerouted, redirected or returned for any reason whatsoever (in respect of delivery to the customer), you shall pay Amazon all charges levied by the LSP for such rerouting, redirection or return in accordance with the rates notified to you, as also any Octroi, state and local taxes, duties etc. applicable thereon. LSP reserves the right to assess fuel and other surcharges on shipments without notice. The duration and amount will be determined at LSP's sole discretion. You, by tendering your shipment to the LSP, agree to pay the surcharges in force.
- You hereby authorize us to recover, including by means of deduction any applicable fee under the Easy Ship Service from any amount due and payable to you under the Amazon Services Business Solutions Agreement.
- All payments by Amazon to you shall be made subject to any applicable taxes under the applicable Law.
- You will be responsible for Your Taxes, interest or penalties and you will indemnify and hold Amazon and/or its Affiliates harmless from Your Taxes, interest or penalties. You acknowledge and agree that you are responsible for preparing and filing any applicable statutorily required documentation to be issued either by you or by the customers.
- Amazon shall have the right to change, amend, withdraw, modify or alter the scope of the Easy Ship Service in any manner or terminate or suspend the Easy Ship Service immediately in its sole discretion at any time for any reason without notice to you.
- Nothing in the provisions of the Easy Ship Service Terms shall be deemed to construe a relationship of partnership or agency between you and Amazon. You also agree that you have no authority to represent or bind Amazon in any manner whatsoever.
- Amazon allows open box delivery on customer’s request. Customer can ask the delivery associate to open the outer packaging to validate the ordered product. We safeguard interests of our sellers with our reimbursement policy. In case a seller finds the rejected product returned in damaged condition, we encourage sellers to file a case and reimbursement will be approved after case investigation is complete.
- Sellers on the Amazon marketplace are required to behave professionally with the pickup and delivery associates. Any misbehavior, unprofessional conduct, verbal and physical abuse is prohibited and will be considered as a violation of Amazon Easy Ship Service Terms. Amazon reserves the right to remove selling privileges in its sole discretion if deemed that a seller is in violation of the Amazon Easy Ship Service Terms.
- Reimbursement claims raised by seller related to any damage or dispute cases should be supported with relevant proofs like images of the product, Invoice copy, brand registry document, CCTV footage whichever is applicable. Reimbursement grant is subjected to internal investigation. In case the seller is found to be having a pattern of claiming incorrect reimbursements, it may lead to suspension of their selling account.
- Easy Ship orders should not be self-shipped by sellers and should only be handed over to Amazon associate during pickup. In case seller self-ships the order and provides tracking details to Seller Support, such orders will not be confirmed in the system and may get cancelled. Amazon will not compensate any losses incurred by the sellers for any such order. In case of pickup issue or technical issue (attributable to Amazon), seller should inform Seller Support to waive off the cancellation charges.
Note: Any negative impact on seller performance metrics due to this issue will not be considered while evaluating your seller account.
- You authorise and instruct Amazon to initiate and process cancellation of your Easy Ship order upon receipt of request from the customer, any time before its shipment.
- Amazon Easy Ship - Incorrect Weight and Dimensions Policy As an Easy Ship seller, you acknowledge and agree that in accordance with the Easy Ship Service Terms, you are responsible and liable for providing accurate weight and dimension details while scheduling pickups for your Easy Ship orders.
- By providing your acceptance to these Easy Ship Service Terms, you also agree to be bound by and/or comply with the provisions of the Conditions of Carriage of the LSP (including those related to customer returns and/or disposal).
Amazon Easy Ship Fee Schedule
By signing up for the Easy Ship service, you acknowledge and accept that you have read the Easy Ship Service Terms and grant your consent/acceptance to be legally bound by the Easy Ship Service Terms as set out herein. We are relying on your consent/acceptance to make available the Easy Ship Service to you.
A.2 Amazon Easy Ship Conditions of Carriage
Amazon Transportation Services Private Limited, its employees or agents (hereinafter collectively referred to as “ATSPL” or “AMZL”) will accept shipments subject to the Conditions laid out hereunder.
These Conditions are applicable to the carriage of shipments from and between specified locations within the territory of India using ATSPL services. ATSPL reserves the right to unilaterally modify, revise, amend, change or supplement these Conditions without any prior notice.
In the event there is a conflict between these Conditions and the provisions of any other document executed between the parties, these Conditions would prevail.
1. Consignor’s representations and warranties
- 1.1 By tendering shipments for carriage to ATSPL, the Consignor is deemed to have agreed to the Conditions stated herein.
1.2 The Consignor represents and warrants that:
1.3 It is the Consignor's obligation to ensure that all shipments entrusted to ATSPL for carriage are prepared and packed adequately to ensure safe carriage with normal care in handling. ATSPL shall not be liable for any damage or shortages occurring as a result of improper packing.
- a) The Consignor is the owner or the authorized agent of the owner of the shipments entrusted to ATSPL for carriage.;
b) The documents provided by the Consignor and accompanying the shipment (including shipping label, invoice and other transit documents) entrusted to ATSPL are true, correct and complete in all respects and are compliant with all applicable laws.
c) The shipment does not contain any units the carriage of which is restricted or prohibited hereunder;
d) The shipment is properly marked, addressed and packed to ensure safe handling and is compliant with all applicable laws;
e) If required, the Consignor shall furnish such information and such documents to ATSPL as are necessary to meet the requirements under the respective local laws of the states through which the shipments are likely to pass en route to destination. ATSPL shall be under no obligation to enquire into the correctness or sufficiency of such information or documents.
1.4 The Consignor agrees that the shipping label shall be prima facie evidence of the weight or volume or measure and other particulars of the shipments and the number of units stated therein. However, particulars relating to the quantity, volume and condition of the shipments shall not constitute evidence against ATSPL.
1.5 Consignor agrees and acknowledges to be responsible to provide accurate weight and dimension details while scheduling pickups for their Easy Ship orders. Consigner agrees that in case these details are found to be incorrect in a subsequent by Amazon, it could result in the either a retrospective claw back of correct fees or in case of repeated offense, suspension of their selling account. This further denotes that the consignor provides Amazon the authority to claw back the difference amount in shipping fee retrospectively for identified shipments. For more information, refer to Amazon Easy Ship - Incorrect Weight and Dimensions Policy help page.
1.6 Consignor is responsible for handing over all packages scheduled in the respective slot timings. Consignor should decide the number of packages that can be handed over on a daily basis and schedule the pickups accordingly. Failure in handing over the packages during the scheduled time slots might lead to account suspension.
2. Conditions of Carriage
- 2.1 ATSPL undertakes, to carry the Consignor's shipment from the point of tendering to the point of delivery to consignee at the address indicated on the shipping label. There is no obligation to deliver a shipment to the consignee personally and ATSPL may deliver to someone other than the person named in the shipping label on behalf of the consignee and such delivery shall be a valid discharge of ATSPL's obligations under these Conditions. ATSPL may use an electronic device to obtain proof of delivery and the Consignor agrees that it will not object to ATSPL relying on a printed copy of the same as evidence merely on the grounds that the information concerned is obtained and stored in electronic form.
2.2 ATSPL reserves the right to carry the Consignor's shipments by any route using multi-modal transportation according to its own handling, storage, movement methods and plans, and by use of its business associates, co-loaders, co-couriers, franchisees or other agents.
2.3 ATSPL reserves the right to refuse, hold, cancel, postpone or return any shipment at any time if such shipment would, in the opinion of ATSPL, be likely to cause damage or delay to other shipments, or persons, or the carriage of which is prohibited by law or is in violation of any of these Conditions. The fact that ATSPL accepts a shipment does not mean that such shipment conforms to applicable laws and regulations or to the Conditions.
2.4 ATSPL reserves the right, to open and/or inspect any shipment at any time, at its own option or upon the request of the competent authorities and shall not incur any liability therefore.
2.5 ATSPL shall not be liable in any circumstances for any delay, loss, damage and/or resultant claims due to seizure or detention of shipments in the course of transit by competent authorities.
3. Shipping Label
- 3.1 ATSPL shipping label is non-negotiable and shall be prima facie evidence of the acceptance of shipments and of these Conditions and evidence of conclusion of the contract between ATSPL and the Consignor.
4. Undeliverable Shipments
- 4.1 A shipment shall be considered to be undeliverable if:
- a) The consignee's address is incomplete, illegible, incorrect or cannot be located;
b) The consignee is not present, or fails or refuses to accept delivery or sign or pay for delivery of any shipment;
c) The shipment would likely cause damage or delay to other shipments, or injury to persons;
d) The shipment contains prohibited items;
e) The shipment's contents or packaging are damaged to the extent that re-wrapping is not possible
f) The shipment is detained or otherwise unable to clear local or state boundaries.
5. Declared value & limits of liability
- 5.1 The liability of ATSPL for any loss or damage to any shipment shall be the lowest of: (a) INR 1,000/- in case of documents and INR 5,000/- in case of non-documents, or (b) The amount of loss or damage to the shipment actually sustained or (c) The actual value of the shipment as determined, without regard to the commercial utility or special value to the Consignor.
5.2 The actual value of a damaged shipment shall be ascertained by reference to the cost of repair or replacement/resale or fair market value not exceeding the original cost of the article actually paid by the Consignor, always within the overall limit of INR 1,000/- in case of documents and INR 5,000/- in case of non-documents.
5.3 The declared value of shipments for carriage cannot exceed the invoice value.
5.4 ATSPL’s acceptance for carriage of any shipment bearing a declared value in excess of the allowed maximums does not constitute a waiver of any provision of or limits as to such shipment.
5.5 ATSPL shall not be responsible for any losses, damages and/or claims on account of delay in pickup, transportation or delivery of any shipment regardless of cause of such delays
5.6 The Consignor will indemnify ATSPL for all losses, expenses, and any claims made against ATSPL by the consignee or a third party, arising where ATSPL does not deliver a shipment because the consignee does not pay the cash on delivery ("COD") amount in the appropriate form or refuses to accept the shipment.
- 6.1 The Consignor may insure the shipments entrusted for carriage to ATSPL at his own cost and expense. In the event of any loss or damage to the shipment in such a scenario, ATSPL agrees to provide the Consignor a certificate of facts ("COF") upon a written request from the Consignor. The Consignor agrees and acknowledges that the COF will be issued by ATSPL without admission of any claim and that ATSPL shall be discharged of all liabilities, if any arising out of the shipment on acceptance of the loss/damage/shortage certified by the Consignor.
7. No Warranties
- Save as expressly set out herein, ATSPL makes no warranties, express or implied.
8. Units not accepted for Carriage
ATSPL will not carry materials as under:
- a) Classified as hazardous material, dangerous goods, prohibited goods, banned or restricted articles by IATA (International Air Transport Association), ICAO (International Civil Aviation Organization), any applicable government department or other relevant organization.
b) Not permitted by the laws/rules/restrictions in force or no customs declaration is made when required by applicable customs regulations and / or any other relevant laws.
c) ATSPL decides it cannot transport an item safely or legally (such items include but are not limited to animals, bullion, currency, bearer negotiable instruments, share certificates and blank shares, precious metals and stones, firearms or parts thereof and ammunition, human remains, pornography and illegal narcotics/drugs).
9. Liabilities Not Assumed
ATSPL shall not be liable for loss of or damage to any shipment arising from causes beyond its reasonable control including but not limited to :
- (a) an Act of God;
(b) any consequences of war, armed conflict, invasion, act of foreign enemy, hostilities (whether war or not), civil war, riot, rebellion, insurrection, military or usurped power or confiscation, acts of terrorism, requisition or destruction of or damage to property by or under the order of any government or public or local authority, strike, lock-out;
(c) seizure or forfeiture under legal process;
(d) error, act, default, omission, mis-statement or mis-representation by the Consignor, consignee or any other party claiming interest in the shipment;
(e) the violation of any of the terms and conditions contained on the shipping label or these Conditions, tariff or other terms and conditions applicable to the shipment;
(f) damage to articles packed and sealed in shipments by the Consignor, provided that the seal is unbroken at the time of delivery and the shipment retains its basic integrity;
(g) the erasure of data from or the loss or irretrievability of data stored on magnetic tapes, files or other storage media, or erasure or damage of photographic images or soundtracks from exposed film;
(h) the act, default or omission of any public authority carried out in connection with the entry, exit or transit of the shipments;
(i) accidents to vehicles and other conveyances carrying the shipments;
(j) flight delays.
Any failure by ATSPL to enforce or apply a provision of these Conditions does not constitute a waiver of that provision and does not otherwise impair ATSPL’s right to enforce such provision.
11. Jurisdictions of Court
All disputes and claims arising out of or with respect to these Conditions shall be subject to the exclusive and irrevocable jurisdiction of courts at New Delhi.
B. AMAZON RUNWAY PROGRAM - TERMS AND CONDITIONS
- 1.1 Amazon is desirous of providing certain services, as described below (hereinafter referred to as "Runway Services") to the sellers ("Sellers") who are listed on www.amazon.in ("Amazon Site") and presently availing Easy Ship Services facilitated by Amazon for delivery of products ordered on the Amazon Site to the customers.
1.2 As a pre-requirement for availing the Services, the Seller acknowledges and agrees that it should have consented to the Amazon Services Business Solution Agreement ("BSA") and Easy Ship Service Terms with Amazon. .
1.3 Any capitalized term used in these Runway Services terms and conditions ("Runway Terms and Conditions") and not defined herein will have the same meaning as assigned to them under the BSA and/or Easy Ship Service Terms.
1.4 All the Runway Terms and Conditions as set out below shall apply to the Eligible Orders (as defined hereinafter) placed by the customers on the Amazon Site, from the date of the Seller agrees or signs-up to avail or use the Runway Services ("Effective Date"), except for the terms and conditions as set out in Section 2.4(b) and Section 2.5(a) below which shall be applicable to the Eligible Orders against which return request is received by Amazon after the Effective Date.
2. SCOPE OF RUNWAY SERVICES
- 2.1 On and from the Effective Date, the Seller agrees to be bound by these Runway Terms and Conditions and authorizes and instructs Amazon to provide following Runway Services to the Sellers in accordance with the Runway Terms and Conditions as provided herein.
2.2 Support Services
- (a) The Seller authorizes and instructs Amazon to receive and resolve any or all complaints or queries from the customers on behalf of the Seller for those orders that are placed after the Effective Date and are fulfilled by Sellers using the Easy Ship Services facilitated by Amazon ("Eligible Orders").
(b) In case, any customer communicates directly with the Seller in relation to the Eligible Orders, the Seller agrees to request such customer to either contact Amazon customer support service or forward such customer communication to Amazon seller support.
(c) For any complaints or queries from the customers for the Eligible Orders which relates to the product specifications, customization requests, etc. received by Amazon after an order is placed by the customer, Amazon after procuring requisite information from the concerned Seller in writing, will respond to such complaints or queries of the customers in accordance with the information provided by the Seller. The Seller represents and warrants that all such information provided by the Seller to Amazon will be true, accurate and current and the Seller will immediately update any such information communicated by Amazon to the customers in case of any changes.
(d) If the Seller receives any negative feedback on the Amazon Site related to customer service which is solely attributable to Amazon, the Seller can contact Amazon to have such feedback removed from the Amazon Site.
2.3 SAFE-T Policy
Notwithstanding anything contained in Section 2.5 below, the Seller shall be entitled to claim refund for the Eligible Orders, subject to and in accordance with terms of the Amazon Seller Assurance for E-commerce Transactions Claim Policy ("SAFE-T Policy"). In order to make a SAFE-T claim by the Seller, the Seller should furnish appropriate supporting documentation/information (along with the SAFE-T claim) as may be prescribed by Amazon from time to time. Please click here to view the SAFE-T Policy.
The Seller acknowledges and agrees that any disputes arising out of the SAFE-T claims filed by the Seller with Amazon shall be decided by Amazon in its sole discretion; wherein such decision taken by Amazon shall be considered as final and binding on the Seller.
2.4 Authorization for Cancellations/ Customer Returns
- (a) The Seller authorizes and instructs Amazon to initiate and process cancellation of the eligible order upon receipt of request from the customer, at any time before its shipment.
(b) In the event any customer files a request for or communicates the customer support of Amazon for return of Eligible orders that are within Amazon returns policy, the Seller authorizes and instructs Amazon to initiate the return for such orders in accordance with the Amazon returns policy. In case of the orders that are outside Amazon returns policy, Amazon will seek prior written approval from the respective Seller for initiating such return.
2.5 Refunds to the Customers
- (a) Returns picked up by Amazon - The Seller authorizes and instructs Amazon to initiate and process refunds and adjustments from the Seller’s available balance as per the BSA, for the returns that are covered under Section 2.4(b) of these Runway Terms and Conditions and picked up by Amazon for returning to the concerned Seller.
(b) For all eligible orders that are returned by the customers to the Seller, the Seller will accept and process refunds and adjustments within 48 hours of receiving such orders, failing which Amazon will be deemed to be authorized and instructed by the Seller to issue refund to the customer from the Seller’s available balance as per the BSA.,
Amazon may at any time cease providing any or all of the Runway Services or amend these Runway Terms and Conditions at its sole discretion and without notice. Any changes will be effective upon the posting of such changes on Seller Central or on the Amazon Site or otherwise through such mode as Amazon may deem fit at its sole discretion, and the Seller is responsible for reviewing these changes or notices and informing itself of all applicable changes or notices.
2.7 Opt Out
The Seller can opt out of the Runway Services by contacting the Amazon Seller Support team and expressing their intent to opt out of the Runway Services. For the avoidance of doubt, it is hereby clarified that even after opting out of Runway Services, the Runway Terms and Conditions will continue to be applicable for any Eligible Order and all rights and all obligations with respect to such Eligible Orders shall be dealt by Amazon as if the Runway Services were subsisting and active.