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Business Level 3 Unit 21 Assignment 3

In: Business and Management

Submitted By chemcqueen
Words 1677
Pages 7
Standard Form Contract For Amazon
Section 1 - A Breakdown of all terms and conditions

1) -------------------------------------------------
It is very important to have both Conditional terms and warranties in a contract. Find 2 examples of each.
Two Conditional terms 1) You may not misuse the Amazon service. You may use the Amazon services only as permitted by law. The licenses granted by Amazon terminate if you do not comply with these Conditions of use or any service terms.
In plain English this means: If you don’t abide to the company laws and services, the company has the right to terminate the contract and not serve the specific customer again. 2) You may also not create and/or publish your own database that features substantial parts of any Amazon service (e.g. our prices and product listings) without our express written consent.
In plain English this means: you cannot copy the main parts of the amazon service without the company’s permission. For example if you copied the company’s product listings, that is a breach of the condition.
Two Warranties 1) Amazon 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.
In plain English this means: this means if you believe that your intellectual property rights have been used you have the right to report this to the company Amazon by reporting you have to follow the notice procedure for making claims of rights infringements. 2) We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your legal right to have goods sent or services provided within a reasonable time or to receive a refund if goods or services ordered cannot be supplied within a reasonable time owing to a cause beyond our reasonable control.
In plain English this means: this means that Amazon are not responsible for your goods and services, but it does not affect your legal rights, if you do receive faulty goods you can claim your money or get a refund on your items received.

2) -------------------------------------------------
Identify 3 Implied Terms that would apply to your contract

1) 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.
In plain English this means: This means that in selected countries the company appreciate their specific consumer rights so that the consumers are happy with the service. If you claim to enforce your consumer rights, you have full rights to do so. 2) If you breach these Conditions of Use will still be entitled to use our rights and remedies in any other and we take no action, we situation where you breach these Conditions of Use’s
In plain English this means: this means that if you go against the law, Amazon will not take any action against you, but they are still entitled to take action. 3) We 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.
In plain English this means: amazon do not seek products to under 18’s, they claim that you have to be over 18 to purchase something, but this is not true, as long as you have your own credit card, you can therefore purchases something.

3) -------------------------------------------------
A contract must stipulate all areas that will impact your business relationship. Find the following terms:
Time for performance and Rejection of goods
Please 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.

In plain English this means: this means that each customer who purchases a product on Amazon, must read the returns policy, because if your product is not what you wanted it could affect your consumer rights.

Price Variation
If we have made a mistake and a product's correct price is higher than the price on the website, we may either contact you before shipping to request whether you want to buy the product at the correct price or cancel your order. If a product's correct price is lower than our stated price, we will charge the lower amount and send you the product.
In plain English this means: if amazon made a mistake with the prices they will contact you after the item is dispatched to let you know about the change in price, but if the price suddenly increases, they will charge you the lower amount.

Payment Terms
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.
In plain English this means: this means that any products ordered from Amazon, must not be against the law to import to the country. Also some deliveries may be openes at customs to see what the parcel contains.

Quality and quantity of goods delivered
Unless 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.
In plain English this means: the product is not always 100% identical to that displayed on the website. The information could be different and may contain more or less than what it says on the website, but will not take any liability for it.

Reservation of title
We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your right to have the products sent to you within a reasonable time. If the delay occurs before the products are dispatched, we will not charge you for the products until they are dispatched and you may cancel your order at any time prior to dispatch.

In plain English this means: this means that you will not be charged any money until the company has dispatched the product. The conditions doesn’t say anything about time of delivery etc. also if you are not happy that the product has been dispatched you can cancel the order at any time.

Section 2 - Statutes that apply to your chosen contract
1) Give an example of how the following statutes would apply to some of your chosen contract terms Statutes | An explanation of the statute and how the statutes apply to the contract terms | Unfair Contract Terms Act 1977 | ExplanationThe Unfair Contract Terms Act 1977 (c 50) is an Act of Parliament of the United Kingdom which regulates contracts by restricting the operation and legality of some contract terms. How Statute applies to the contract termsIt applies to the contract because it stops amazon from doing any unfair trading and putting unfair terms and conditions in their contracts. | Unfair terms in consumer Contract Regulations 1999 | ExplanationThese regulations set out what makes a contract term unfair and also provides some examples of terms that are likely to be unfair.The regulations apply where a consumer is contracting on a trader's terms. The regulations don’t apply where you and the trader have negotiated the terms.How Statute applies to the contract termsThis applies to the contract because amazon can’t take consumer rights away from the customers. Amazon can take consumer rights away when the regulations do not apply, so when the trader has negotiated the terms. | Consumer protection (Distance Selling) Regulations 2000 | ExplanationThe Distance Selling Regulations no longer apply in UK law. As of 13 June 2014 the new Consumer Contracts Regulations - which implement the Consumer Rights Directive in UK law - apply to all purchases you make at a distance. This includes shopping online, by mail order, over the phone or through a TV shopping channel.How Statute applies to the contract termsThis applies to the contract because Amazon have to state these four factors: * a description of the goods or service * the price of the goods or service * delivery and any cancellation rights * information about the seller | The Electronic Commerce (EC Directive) Regulations 2002 | ExplanationThe Electronic Commerce (EC Directive) Regulations 2002, SI 2002/2013, incorporates the EU Electronic Commerce Directive 2000/31/EC into the law of the United Kingdom. They apply to contracts concluded by electronic means over distance whereby the buyer is a consumer.How Statute applies to the contract termsThis only applies to contracts concluded by electronic mans over distance whereby the buyer is a consumer. |…...

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