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This article applies to selling in: Brazil

Delivery by Amazon service terms and conditions

Delivery by Amazon provides collection, shipping, and delivery services (including, if applicable, for returns) for Your Products using one or more designated logistic services providers ("LSPs" or "Carriers") ("Delivery by Amazon Service" or "DBA"). You expressly agree that Amazon or the LSP may engage third parties to provide the Delivery by Amazon Service.

By using the Delivery by Amazon Service, you have: (a) agreed to be bound by the Amazon Business Solutions Agreement ("Business Solutions Agreement" or "BSA"), and (b) you now agree to be bound by: (i) these Amazon Delivery by Amazon Service Terms, and (ii) the LSP's Conditions of Carriage, as applicable , and (iii) the DBA Program Policies (and together the Amazon Delivery by Amazon Service Terms, and LSP's Conditions of Carriage and the DBA Program Policies shall be called "Delivery by Amazon Service Terms"). Amazon may change the LSPs from time to time, in which case, other conditions of carriage or guidelines may apply.

These Delivery by Amazon Service Terms are part of the BSA, but, unless provided otherwise, apply only to your participation in the Delivery by Amazon Service. By registering for or using the Delivery by Amazon Service, you (on behalf of yourself or the business you represent) agree to be bound by the BSA, Selling on Amazon Service Terms and these Delivery by Amazon Service Terms.

For avoidance of doubt, except to the extent specified in these Delivery by Amazon Service Terms, all other terms of the BSA and the Selling on Amazon Service Terms shall apply to your participation under the Delivery by Amazon Service. Nothing contained herein shall effect or alter in any manner whatsoever the validity, enforceability and interpretation of the terms stipulated under those agreements.

The Delivery by Amazon Service shall be provided in Brazil only and shall not be provided if any of Your Products are to be either collected, shipped or delivered outside of Brazil.

Unless defined in these Delivery by Amazon Service Terms, all capitalized terms are as defined in BSA. As used in these Delivery by Amazon Service Terms, "we," "us," and "Amazon" means Amazon Serviços de Varejo do Brasil Ltda. (as the applicable Amazon contracting party) and any of its applicable Affiliates, and "you" means the applicant (if registering for or using the Delivery by Amazon Service as an individual), or the business the applicant is employed by or represents (if registering for or using the Delivery by Amazon Service as a business) and any of its Affiliates.

The provisions above and below shall become part of the BSA, and shall hereby be referred to as Delivery by Amazon Service Terms:

Delivery by Amazon Service and your products

DBA.1. You hereby agree to use the Delivery by Amazon Service only for the collection, shipping and delivery of Your Products listed on and purchased from or using the Amazon Site in accordance with the Selling on Amazon Service Terms and not for any other products listed/sold on websites other than the Amazon Site. When you use the Delivery by Amazon Service, Your Delivery by Amazon Products must be collected, shipped and delivered by the LSP and may not be self-shipped by you. If you self-ship the order and do not provide tracking details to Amazon (or its applicable Affiliates), such orders will not be confirmed by Amazon and may get cancelled. If you self-ship the order (and even if you provide tracking details to Amazon or its applicable Affiliates), such orders will not be confirmed by Amazon and may get cancelled.If you self-ship the order for which you opted to use the Delivery by Amazon service, even if you provide tracking details to Amazon (or its applicable Affiliates), this may have a negative impact in your performance metrics. Neither Amazon, nor its Affiliates, will compensate you for any losses incurred by you for any such orders and this may, and you acknowledge that it may have a negative impact on your performance metrics. All of your obligations under the Selling on Amazon Service Terms remain in force and unchanged.

DBA.2. You will, in accordance with applicable Program Policies and in the format we require, provide accurate and complete information about Your Delivery by Amazon Products to be collected shipped and delivered using the Delivery by Amazon Service. You will promptly update any information about Your Delivery by Amazon Products in accordance with our requirements and as necessary so that the information is at all times accurate and complete.

DBA.3. Prior to collection of Your Products by the LSP as part of the Delivery by Amazon Service, you will ensure that: (a) all Your Product(s) (i) are suitable for shipment via land transportation in a non-climate controlled vehicle in accordance with applicable Laws and these Delivery by Amazon Service Terms, and (ii) are properly packaged for protection against damage and deterioration during collection, shipment and delivery in accordance with the Program Policies and/or the LSP's Conditions of Carriage (as applicable); and (b) all necessary documents required in connection with the shipment of Your Products and/or customer returns including packing slips, invoices, tax invoices, advisory labelling and/or any other documents required by applicable Laws including but not limited to airway bills and related information, wherever applicable, are provided.

DBA.4. Sellers that use the Delivery by Amazon Service are required to behave professionally with the representatives and delivery associates of the LSP. Any unprofessional conduct, or verbal or physical abuse is prohibited and is a material breach by you of these Delivery by Amazon Service Terms. Amazon reserves the right to remove selling privileges in its sole discretion if it deems that you have violated these Delivery by Amazon Service Terms.

DBA.5. You acknowledge and agree that, in accordance with the Program Policies and the LSP's Conditions of Carriage (as applicable), you are responsible and liable for providing accurate weight and dimension details in accordance with the Delivery by Amazon - Weight and Dimensions Policy in advance of the collection of each of Your Products and in accordance with the LSP's Conditions of Carriage (as applicable). You agree that if these details are found to be incorrect, it could result in additional Fees being charged to you for the collection, shipment and delivery of Your Delivery by Amazon Products (in accordance with these Delivery by Amazon Service Terms), which may be recovered in accordance with the terms of the BSA.

DBA.6. Unless Your Delivery by Amazon Products are Delivery by Amazon Excluded Products, the LSP will collect Your Delivery by Amazon Products from your Delivery by Amazon Seller Address at the time or during the time period specified to you through Seller Central, and will ship and deliver the Delivery by Amazon Products to the Delivery by Amazon Customer Address. You acknowledge and agree that Delivery by Amazon Products will only be delivered to and collected from (for the purposes of returns) the Delivery by Amazon Customer Address within Delivery by Amazon Services delivery coverage area as set out in the Program Policies. It is your responsibility to confirm that the LSP delivers within the delivery coverage area and your obligations to deliver to the customer remain in force even if the LSP does not deliver within that delivery coverage area. You acknowledge that the Delivery by Amazon Service may not cover the entirety of the Brazilian territory, and if the delivery address of a product is not within the Delivery by Amazon Services delivery coverage area, you must arrange for the shipment of the product by other means. You acknowledge that the Delivery by Amazon Service may not cover the entirety of the Brazilian territory, and if the pickup address (your Delivery by Amazon Seller Address) is not within the Delivery by Amazon Services pickup coverage area, you must arrange for the shipment of the product by other means.

DBA.7. You acknowledge that the LSP may refuse (without liability) to collect, ship or deliver any of Your Products or Delivery by Amazon Products: (i) that it may consider unsuitable in its sole discretion, and/or (ii) where Your Product does not comply with the LSP's Conditions of Carriage (or other applicable conditions of carriage or terms/guidelines from the LSP), and/or (iii) where Your Product is a Delivery by Amazon Excluded Product. You acknowledge and agree that the LSP and/or Amazon retains an express right of inspection in respect of all packages and shipments and reserves the right to inspect (or allow a third party to inspect) any such package or shipment. You acknowledge that public authorities, such as regulatory, tax or customs entities, may also inspect packages and shipments. The LSP may return or dispose of or destroy any shipment that LSP determines in its sole discretion creates a safety, health or liability risk to LSP, its personnel or any third party, or if required by a public authority. You agree that title to each such disposed or destroyed shipment may, at the LSP's discretion, transfer to the LSP as necessary for it to dispose of or destroy the shipment. You agree to pay for any costs or expenses incurred in connection with the return, disposal, or destruction of any Delivery by Amazon Products that creates such safety, health or liability risk or if required by a public authority.

DBA.8. You are responsible for raising or collecting from customers any appropriate documentation including invoices, credit notes, delivery challans, airway bills or any other statutorily required documentation or information for reporting of both shipment of Delivery by Amazon Products from your designated address registered on Seller Central and customer returns from the Delivery by Amazon Customer Address using the Delivery by Amazon Service. You will be solely responsible for clearing any shipments held up at any check-posts or seized by tax authorities, including paying taxes or penalties applied on your transactions, as a result of non-compliance of any required documentation requirements.

DBA.9. You agree and acknowledge to accept all undelivered shipments of Delivery by Amazon Products (i.e. packages which could not be delivered to the customer and are being returned to you) from the LSP, otherwise you shall bear the costs and expense of for any disposal or destruction of such shipments and you expressly authorize us to recover such amounts as permitted by the BSA.

Refunds to customers

DBA.10. You acknowledge and agree that it is your sole responsibility to, and you will accept and process cancellations, returns, refunds and adjustments in accordance with these Delivery by Amazon Service Terms and the Program Policies for the Amazon Site published at the time of the applicable order. We may inform customers that these policies apply to Your Products (irrespective of whether they are Delivery by Amazon Products). To the extent that you do not fulfil your obligations, Amazon may, but is not obligated to, and you authorize and instruct Amazon to, initiate and process refunds and adjustments for Delivery by Amazon Products that have been collected, shipped or delivered, and/or returned (if applicable) under the Delivery by Amazon Service.

DBA.11. For any Delivery by Amazon Products that have been collected, shipped or delivered under these Delivery by Amazon Service Terms but which are returned by the customers to you directly (and not using an LSP), you 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 you, but not obligated to, to issue a refund or adjustment (as appropriate) to the customer from your available balance as permitted by the BSA.

Authorization for cancellations/customer returns

DBA.12. You authorize and instruct Amazon to initiate the cancellation of Delivery by Amazon Services for any of Your Delivery by Amazon Products upon receipt of a cancellation request from the customer, at any time before the collection, shipment or delivery of Your Delivery by Amazon Products.

DBA.13. For any Delivery by Amazon Products that a customer wishes to return in accordance with the terms offered to the customer, if and until returns are not available using the Delivery by Amazon Service, you will process returns in accordance with these Delivery by Amazon Service Terms and the Program Policies applicable for the Amazon Site, and the return of your Delivery by Amazon Products should be processed in C-Returns Apphandled by you directly with the customer. If returns are available in the Delivery by Amazon Service, the LSP will, on request from you and subject to the Delivery by Amazon Customer Address being within the pickup coverage area, collect the Delivery by Amazon Products from the Delivery by Amazon Customer Address and return it back to your Delivery by Amazon Seller Address. You agree to accept all such Delivery by Amazon Products returned by the customer upon delivery by Correios or by the LSP.

Fees

DBA.14. You shall pay Amazon all fees for the collection, shipment and delivery (and returns, where applicable) of Delivery by Amazon Products (including any charges for non-collection or non-delivery, or cancellation charges, if applicable), (the "Delivery by Amazon Fees") as set out in the Delivery by Amazon Fee Schedule for the provision of the Delivery by Amazon Services. If 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, including all taxes, duties etc. applicable thereon, if applicable. Amazon shall issue you with a tax invoice for all fees and applicable Taxes payable by you (and Amazon shall raise such invoice irrespective of the fact that such a shipment or Your Delivery by Amazon Products is lost or damaged during the course of shipment or returned un-delivered (in respect of delivery to the customer).

DBA.15. The Delivery by Amazon Fees shall become payable to Amazon immediately from the moment that the Delivery by Amazon Products are collected by the LSP (whether for delivery or shipment to or collection from a customer) (along with all applicable taxes, duties). 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, if applicable.

Taxes

DBA.16. For the purpose of these Delivery by Amazon Service Terms, "Taxes" mean all taxes, fees, contributions of any kind, and others, as defined by tax law, irrespective of whether they refer to Federal, State or Municipal level, applicable, direct or indirectly, imposed in connection with these Delivery by Amazon Services Terms or the Delivery by Amazon Service. The amounts set forth in these Delivery by Amazon Service Terms, as well as other amounts hereof indicated, shall comprehend all applicable Taxes. The Tax principal amount and other potential penalties associated to it, applicable and required by taxing authorities of any level, shall be borne and paid accordingly by the taxpayer determined by law, without the right of reimbursement. You hereby authorize us to recover, including by means of deduction or set off, any applicable fee along with all applicable Taxes under the Delivery by Amazon Services from any amount due and payable to you under the BSA.

DBA.17. You will be responsible for Your Taxes including goods and services tax, interest or penalties and you will indemnify and hold Amazon and/or its Affiliates (including but not limited to the LSP) harmless from Taxes including goods and services tax, 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 customers. In case Amazon or LSP are questioned and/or penalized by tax authorities as a result of any action and/or omission committed by you, you shall bear any and all expenses resulting from such investigations and/or inquiries, including, but not limited to, payment of amounts related to taxes, monetary adjustment, interest, penalties of any kind, attorneys' fees and/or external consultants as well as any and all administrative and legal costs arising from any action and/or omission committed by the Seller.

DBA.18. The parties agree that in case of changes in the calculation method and/or payment of taxes associated to these Delivery by Amazon Service Terms, the related amounts shall be readjusted in order to reflect the effectively occurrence.

Liability and indemnity

DBA.19. Amazon, the LSP or any of each 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 Delivery by Amazon Services.

DBA.20. 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 Delivery by Amazon Service provided by Amazon to you, or your breach of the Delivery by Amazon Services Terms or the BSA or the LSP's Conditions of Carriage.

DBA.21. Save as expressly set out in this Delivery by Amazon Services Terms, you further agree that Amazon and the LSP will have no additional liability for Your Delivery by Amazon 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 Delivery by Amazon Products through an insurance company. Neither Amazon, its Affiliates, not the LSP will be liable for any disputes between you and the customer or you and the insurance company, as the case may be.

Claims and reimbursements

DBA.22. Subject (as applicable) to your compliance with these Delivery by Amazon Service Terms (including, without limitation, the all packaging requirements (set out in DBA.3) and the SAFE-T Policy (as defined below and when applicable), you agree and acknowledge that in the event of any loss or damage to Your Products during the course of transit, or for the non-delivery, mis-delivery, or theft in connection with the collection, shipment or delivery of Delivery by Amazon Products and which is directly attributable to the LSP, your sole and exclusive recourse shall be against the LSP and shall be subject to the limitations of and exclusions of liability set out in the relevant conditions of carriage. You agree that the limitations on and exclusions of the LSP's liability set out in the relevant conditions of carriage shall constitute the LSP's aggregate liability under these Delivery by Amazon Service Terms.

DBA.23. All reimbursement claims for lost, damaged, undelivered or mis-delivered, stolen/missing Delivery by Amazon Products must be notified to Amazon in writing within five business days of the earlier of (i) the shipment being returned to you (or that attempted return to you if not completed for any reason); or (ii) from the date when the Delivery by Amazon Product was collected or due to be collected. Reimbursement claims filed after this period will not be accepted and no action for loss may be brought against Amazon and/or the LSP. Receipt of the shipment by the customer without written notice of damage on the delivery receipt will be considered as the basis that Your Delivery by Amazon Products were delivered in good condition. No claim for loss will be considered by Amazon until all invoices and charges have been paid.

DBA.24. Reimbursement claims raised by you 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 subject to internal investigation. If the Seller is found to be having a pattern of claiming incorrect reimbursements, it may lead to suspension of your selling account.

DBA.25. Where the LSP's Conditions of Carriage apply, the 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, goods and services tax, advances, or any other charges of any kind arising out of transit hereunder. The LSP shall be entitled to detain any shipment until such dues are paid and, without prejudice to the 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 the LSP and any costs of retention, insurance and sale or disposal, the LSP shall be discharged of any liability whatsoever in respect of the shipment. If public authorities of any kind seize or detain shipments or packages from you due to concerns or issues related to the shipments or packages, you acknowledge that the LSP shall not be held responsible and that you shall need to communicate directly with the applicable authority and take all appropriate actions to obtain information about the matter and to reclaim your Delivery by Amazon Products.

SAFE-T policy

DBA.26. Notwithstanding section DBA. 21, the Seller shall be entitled to claim refunds for Eligible Orders, subject to and in accordance with terms of the Amazon Seller Assurance for E-commerce Transactions Claim Policy ("SAFE-T Policy"), when and if applicable. The Seller should provide appropriate supporting documentation/information as may be prescribed by Amazon from time to time.

DBA.27. 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. Any decision taken by Amazon shall be considered as final and binding on the Seller.

General provisions

DBA.28. These Delivery by Amazon Services Terms will terminate on termination of the BSA. We may terminate or suspend this Agreement for any reason at any time by notice to you. You may terminate this Agreement or any Service for any reason at any time by the means then specified by Amazon.

DBA.29. You may not assign these Delivery by Amazon Service Terms, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to, and be enforceable against the parties and their respective successors and assigns. We may perform any of our obligations or exercise any of our rights under these Delivery by Amazon Service Terms through one or more of our Affiliates. Our failure to enforce your strict performance of any provision of these Delivery by Amazon Service Terms will not constitute a waiver of our right to enforce such provision or any other provision of these Delivery by Amazon Service Terms subsequently.

DBA.30. These Delivery by Amazon Service Terms represent the entire agreement between the parties with respect to the Delivery by Amazon Services and related subject matter and supersedes any previous or contemporaneous oral or written agreements and understandings.

DBA.31. In the event of any conflict between the BSA, the Selling on Amazon Service Terms and these Delivery by Amazon Service Terms in relation to your participation in the Program, these Delivery by Amazon Service Terms shall prevail, and the LSP's Conditions of Carriage prevail over the Amazon Delivery by Amazon Service Terms. The parties expressly agree that the Portuguese version of these Service Terms is definitive and that in the event of any dispute or controversy as to the proper interpretation and construction of these Service Terms, the Portuguese version will prevail. Any versions provided in other languages are for reference purposes only.

DBA.32. The parties irrevocably agree that all disputes, controversies and claims arising out of or relating in any way to these Service Terms will be settled in accordance with the BSA. These Delivery by Amazon Service Terms will be governed by the Applicable Laws that govern the BSA.

DBA.33. Amazon shall have the right to change, amend, withdraw, modify, or alter the scope of the Delivery by Amazon Services or the Delivery by Amazon Service Terms in any manner or terminate or suspend the Delivery by Amazon Service immediately in its sole discretion at any time for any reason without notice to you. Any changes will be effective upon the posting of such changes on Seller Central or on the Amazon Site, your continued use of the Delivery by Amazon Service or otherwise through such mode as Amazon may deem fit at its sole discretion, and you are responsible for reviewing these changes or notices and informing yourself of all applicable changes or notices.

DBA.34. Nothing in the provisions of these Delivery by Amazon 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.

Delivery by Amazon service – Definitions

As used in the Delivery by Amazon Service Terms, the following terms have the following meanings:

"Delivery by Amazon Customer Address" means the address set out on the invoice of Your Delivery by Amazon Products given by the customer as the final destination for the delivery of Your Delivery by Amazon Products in Brazil only.

"Delivery by Amazon Excluded Products" means any product that is an Excluded Product or is otherwise prohibited by the applicable Program Policies and LSP's Conditions of Carriage (including to the extent that those policies apply only to the Delivery by Amazon Service), including parcels above 30kg and hazardous products.

"Delivery by Amazon Products" means those of Your Products listed on and which are purchased from or using the Amazon Site which you wish to be collected and delivered to the customer using the Delivery by Amazon Service.

"Delivery by Amazon Seller Address" means the designated address that you have provided to Amazon for the collection of Delivery by Amazon Products on Seller Central.

LSP's Conditions of Carriage" means the applicable LSP's conditions applicable to the carriage of shipments of your Delivery by Amazon Products from and between specified locations in Brazil.

"Eligible Orders" means those orders that are placed after the date the Seller agrees or signs-up to avail or use the Delivery by Amazon Service and are fulfilled by the Seller using the Delivery by Amazon Service facilitated by Amazon.

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