Este tema se aplica a vender en: Alemania

Category, Product and Content Restrictions

Restricted Products

Customers trust that they can always buy with confidence on Amazon. As a seller on the Amazon website, it is your responsibility to make sure that both you and your products comply with all applicable laws and Amazon policies.

You should carefully review the "Examples of Permitted and Prohibited Listings by Category" and the “Restrictions Affecting All Items” sections shown below before listing a product on Amazon.

The examples provided in these Help Pages are not exhaustive and are not intended as legal advice. The links provided are for information purposes only and Amazon does not warrant the accuracy of any information provided in these links. We encourage you to consult with your legal advisor if you have questions about the laws and regulations concerning your products. Remember that even when a product is not prohibited, it must always comply with applicable laws. Also, you should regularly review Amazon policies, as these may change from time to time and we may restrict or prohibit products that are allowed by law.

For some product categories, sellers may not be able to create product listings without prior approval from Amazon. See the Categories Requiring Approval page for more information.

Finally, please note that additional restrictions may apply if you use Fulfilment by Amazon.

Consequences of Violations

Violating Amazon's policies on listing prohibited items may result in Amazon taking actions including:

  • Cancellation of listing
  • Limits on listing privileges
  • Suspension of your listing privileges
  • Removal of your selling privileges

Amazon reserves the right to make judgments in its sole discretion about whether or not a listing is appropriate. If we determine that the content of a product detail page or listing is prohibited, potentially illegal, or inappropriate, we may remove or alter it without prior notice.

Reporting

Amazon encourages sellers to report listings that violate Amazon's policies or applicable law by using our Contact Us form. Please include all relevant information so that we can thoroughly investigate the case.

Examples of Permitted and Prohibited Listings by Category

Alcohol
Animals & Animal Products
Automotive
Clothing
Cosmetics
Currency, Coins, Cash Equivalents, and Gift Cards
Drugs, Drug Paraphernalia & Dietary Supplements
Electronics
Food & Beverage
Gambling & Lottery
Jewellery
Medical Devices
Offensive and Controversial Materials
Other
Sex & Sensuality
Tobacco & Tobacco-Related Products
Weapons

Restrictions Affecting All Items

Prohibited Content and General Restrictions

Intellectual Property Violations

Recalled, Hazardous and Dangerous Products

Additional Related Policies

Categories Requiring Approval

Fulfilment by Amazon: Product Restrictions

Prohibited Content and General Restrictions

  • Illegal and potentially illegal products: Products sold on the Amazon.de site must adhere to all applicable laws. As sellers are legally liable for their actions and transactions, sellers must know the legal parameters surrounding any product they offer for sale on Amazon.de.
  • Promoting Illegal Use: Sellers must not promote illegal or prohibited uses of their products on Amazon.de.
  • Stolen property: Stolen property is prohibited at Amazon.
  • Offensive material: What Amazon would find offensive is probably the same that you would find offensive. This includes products like crime scene fotos, human organs or human parts. Amazon reserves the right to determine the appropriateness of listings posted to our site. Please take into account cultural differences and sensitivities. Some products may be acceptable in one country but not in another. Please keep in mind our global customer base.
  • Racist, discriminating or products glorifying violence: In particular it is prohibited to offer products which are brutalising, inciting violence and racial hatred or are glorifying war. Prohibited are objects which are capable of disturbing the public peace and incite hatred against segments of the population or calls for violent or arbitrary measures against them or assaults the human dignity of others by insulting, maliciously maligning or defaming segments of the population (Section 130 German Criminal Code). Prohibited are depictions of violence, which describe cruel or otherwise inhuman acts of violence against humans or humanoid beings in a manner expressing glorification or which downplays such acts of violence or which represents the cruel or inhuman aspects of the event in a manner which violates human dignity (Section 131 (1) German Criminal Code)
  • Products which glorify or justify National Socialism: It is prohibited to sell products which glorify, support, endorse or justify National Socialism or an unconstitutional organization including any products with symbols of unconstitutional organizations (e.g. products with a swastika or SS-Runes) (Section 86, 86a German Criminal Code). Products that deny, justify, support or play down the holocaust especially the concentration camps are prohibited; that includes products which justify or glorify the Third Reich, the NS ideology including their racial or war policy; Products which incorporate or reflect music, films, images and texts that have been used for propaganda purposes by the NS regime or the NSDAP or an organization associated with the NSDAP in the Third Reich (except if the materials are solely intended to serve civil education, avert unconstitutional movements, promoting art or science, research or teaching, report about current or historical events), including media articles, clothing, flags and other accessories which are connected to right wing organization or offered by right wing organizations or persons.
  • Fireworks: It is prohibited to sell products, which are fireworks according to the First Provision to the Explosives Act and are classified as category 2-4 fireworks. Products which are classified as fireworks of the category 1 according to the First Provision to the Explosives Act must state in the product description the classification including the BAM-PI or BAM-F1 (fireworks identification number).
  • Items that infringe upon an individual's privacy: Amazon holds personal privacy in the highest regard. Therefore, items that infringe upon, or have potential to infringe upon, any individual's privacy are prohibited.
  • Products from embargoed and sanctioned countries: products from, originating in, or produced in any of the countries currently sanctioned or embargoed by laws and regulations applicable to Amazon are not permitted for sale on Amazon.de.

Intellectual Property Violations

Products violating copyright law, patent law, trademark law or any other intellectual property right are prohibited. Here are some examples of prohibitions.

  • Products violating copyright, trademark or patent law: It is prohibited to sell illegal copies of books, music, videos, software or pictures. Additionally it is prohibited to sell original products or copies for which the seller does not have the distribution rights. The same applies to media transferred from one format to another. This includes but is not limited to: films converted from laserdisc to video, television to video, CD-ROM to cassette tape, from the Internet to any digital format except the sale has been explicitly permitted by the author. Before selling the following products, it is recommended to check whether you have the necessary distribution rights: copies of television programmes, recordings of concerts or radio programmes, promotion CDs and movies, translated books, recopied CDs, music, any other copy of a copyrightable work.
  • Counterfeit merchandise: Products offered for sale on Amazon.de must be authentic. Any product that has been illegally replicated, reproduced or manufactured is prohibited.
  • Films: Unauthorized copies of films in any format (VHS, DVD, etc) are prohibited on Amazon.de. Additionally media transferred from one format to another is prohibited. This includes but is not limited to: films converted from NTSC to Pal and Pal to NTSC, laserdisc to video, television to video, CD-ROM to cassette tape, from the Internet to any digital format etc.
  • Information for software, video games, consoles and accessories: Only the sale of full retail versions is permitted on the Amazon.de Marketplace. It is prohibited to sell counterfeit consoles, accessories, copied software or video games or products which cannot be legally sold. Mod chips, silver disks, video game emulators, Sega bootdisks, game enhancers, unauthorised video game compilations, unauthorised bundles of video game products, and unauthorised accessories are also prohibited.

This applies in particular to back-up, fulfilment, promotional, beta (pre-release) and unauthorized freeware/shareware versions of software. Academic versions of software can only be sold with the permission of the manufacturer.

  • The version of the offered software, video games, consoles and accessories has to correspond to the EAN used for the Amazon product detail page. Otherwise the products need to be created as a separate article or have to be marked as such. A few examples of prohibited actions:
  • The sale of retail versions without packaging.
  • The sale of replicas as original products.
  • The sale of previous version + upgrade kits on the ASIN of the current version.
  • The sale of Media Licence Kits (MLK), without a CD/DVD on the ASIN of the full retail version.
  • The sale of OEM versions as full retail versions.
  • The sale of manufacturer labelled OEM versions as a standard OEM version.
  • The sale of EU-Imports including products from the EU, which have a German in-game language but without a German packaging listed under the German version of the product.
  • Products with PEGI-Rating on USK-Products.
  • The sale of bulk products as original products

Numerous PC software products require that the original buyer registers the product with a serial number and a password during the installation. If the original buyer decides to sell the software, he has to ensure the correct transfer of the license and provide the original serial number and if applicable the password to the customer.

Some products require that the seller has to contact the manufacturer to ensure the correct transfer of the registration, so that the customer is able to use the technical support and/or new upgrades for the product. Some products require an activation code during the installation. This activation code is stored on the server of the manufacturer and will sometimes complicate the transfer of the products to a third person. Please take this into account when selling software products on Amazon.de Marketplace. If a customer cannot use the product because of complications during the transfer of the registration, the seller will agreerestrto a full refund.

OEM versions and upgrades have an own EAN which generally differs from the EAN of the full retail version of the product and is therefore a separate product. OEM versions and upgrades are not allowed to be listed under the full retail version of the product.

  • Content freely available online (e.g. Wikipedia content):
    Copyrightable content is only allowed to be sold on Amazon by the author or the person that has a permission from the rights owner. Even open source content (e.g. Wikis), which is freely available online, is subject to copyright law and cannot be distributed or duplicated by third parties on Amazon. This also applies if the license under which the open source content was published (e.g. Creative Commons) would permit a resale. Only works which are public domain, i.e. works where the author died more than 70 years ago, can be sold on Amazon. Amazon reserves the right to cancel any works which are public domain but are essentially the same as products offered by Amazon.
  • Recopied Media: Media products (including books, films, CDs, television programmes, software titles, videogames) that have been recopied, dubbed, duplicated, or transferred without permission of the rights holder are illegal to sell and are prohibited. Recopied Media products violate copyright and trademark law and their sale is prohibited. Just as you are not allowed to sell a copy of a book without the permission of the author, you are not allowed to sell copies or duplicates of videos, music, video games, software, fotos or other copyrighted materials without the permission of the rights owner.
  • Promotional media: Promotional versions of media products, including books (advance reading copies and uncorrected proofs), music, and videos (screeners) are prohibited. These products are distributed for promotional consideration and generally are not authorised for retail distribution or sale.
  • Rights of Publicity: Celebrity images and/or the use of celebrity names cannot be used for commercial purposes without permission of a celebrity or their management. This includes product endorsements and use of a celebrity's likeness on merchandise such as posters, mouse pads, clocks, image collections in digital format.

Recalled, Hazardous & Dangerous Products

Because Amazon wants to ensure that products offered through Amazon.de are safe (that is, there is no risk that the equipment will cause death, personal injury or damage to property), listings for any products recalled by the manufacturer or by a government agency are prohibited. Amazon also reserves the right to take into account recalls made by government agencies of other countries.

Products that are not safe are prohibited. All new toys and electrical equipment must be CE marked. All toys and electrical equipment, whether new or used, must be safe and, where applicable, come with a standard two pin plug (EU Plug). You must have used and refurbished electrical equipment tested by an expert prior to listing to verify that it is safe.

When selling allowed hazardous and dangerous items, it is your responsibility to store and transport them properly and with all the necessary security measures that may be required.

Examples of Prohibited Listings

  • Products recalled by manufacturers
  • Products recalled by BVL, BfarM, BfR, BMEL or by other governments’ agencies, such as CPSC, NHTSA, FDA, USDA-FSIS, EPA
  • Products listed on a RAPEX or RASFF report as posing a serious risk to the health and safety of consumers
  • Products made of chemicals without necessary registration on the REACH-List
  • Restricted/Regulated chemicals or professional use only chemicals
  • Chemicals that may damage the ozone layer, such as carbon tetrachloride
  • Biocidal products lacking appropriate authorization (or a valid exception)
  • Biocidal product listings that do not comply with advertising requirements
  • Mixtures and substances that do not comply with the CLP regulations on classification, packaging (including special packaging rules like child-resistant fastenings and tactile warnings), or labelling
  • Fireworks
  • Products intended to come into contact with foodstuffs (including products in contact with babies and infants’ mouths) containing bisphenol A (BPA)
  • Certain hazardous items, such as:
    • Items containing mercury
    • Batteries or accumulators, including button cell batteries, that contain more than 0,0005 % of mercury by weight, or more than 0,002 % of cadmium by weight, except portable batteries and accumulators intended for use in: emergency and alarm systems; medical equipment (excluding cell batteries in hearing aids that are prohibited); cordless power tools
    • Toy crossbows that have the capability of shooting small, sharp projectiles (e. g. toothpicks, pins)
    • Inflatable Neck Floats for children

Related Amazon Help Pages

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