Terms and Conditions
Please read these Terms carefully, especially sections 4 to 9.
Everything on this site and in the dataset is an estimate. It is not guaranteed, it is not Amazon data, and it can be badly wrong. It is not advice. If you buy stock, sign contracts or make any other decision using it, you do so entirely at your own risk. To the fullest extent the law allows, we are not liable for any loss you suffer, and where we are liable our total liability is limited to the amount you paid us.
1. Who we are
This website, bsrsalesestimator.com (the "Site"), is operated by [business legal name, registration number and address] ("we", "us", "our"), trading as BSR Sales Estimator. You can contact us at our email address.
2. Definitions
- "Service" means the Site, any figures, charts, text or other content on the Site, and the Dataset.
- "Dataset" means the downloadable file of estimated sales figures sold through the Site, and any copy or part of it.
- "Estimates" means any figure, range, chart or statement on the Site or in the Dataset about how many units a product sells or may sell, at any Best Sellers Rank, in any marketplace or category.
- "Decision" means any decision or action you or anyone else take in reliance (wholly or partly) on the Service, including buying, sourcing, stocking, pricing, listing, advertising, investing, borrowing, hiring, entering contracts, or choosing not to do any of these.
- "You" means the person using the Service and, if you use it on behalf of a business or other organisation, that organisation as well.
3. Accepting these Terms
- By using the Site, or by buying or using the Dataset, you agree to these Terms. If you do not agree, do not use the Service.
- When you buy the Dataset you will be asked to tick a box confirming you have read and accept these Terms. That purchase forms a contract between you and us on these Terms.
- You must be at least 18 and able to enter into a binding contract.
- We may update these Terms from time to time. The version shown on the Site when you buy applies to that purchase. Your continued use of the free parts of the Service after a change means you accept the updated Terms.
4. What the Service is
- The Service gives general, indicative estimates of how many units a product might sell per month on Amazon marketplaces at a given Best Sellers Rank ("BSR") in a given category.
- The Estimates are produced by a statistical model and compiled from sources we consider reasonable. They are modelled approximations, not measurements. They are not Amazon's own figures; Amazon does not publish sales by rank.
- Each Estimate is a single typical figure for a rank at a point in time. Each marketplace shows the period its figures relate to. Figures may be out of date when you see them.
- The Service is provided for general information and research purposes only.
5. Estimates are not guaranteed
You understand and accept that:
- Actual sales of any product at any rank can be much higher or much lower than any Estimate, and Estimates may be inaccurate, incomplete, out of date or wrong.
- BSR changes constantly and reflects recent sales relative to other products. Sales at a given rank vary between products and over time because of, among other things: seasonality, holidays and events (such as Prime Day and Black Friday); price changes and promotions; stock-outs; changes in the number of sellers and Buy Box share; advertising; reviews; listing quality; variations and bundles; returns; category reorganisations; and changes Amazon makes to how ranks are calculated or displayed.
- Estimates cover total units for a listing across all sellers. They do not tell you how many units you would sell.
- An Estimate between or beyond the rank points in our tables is interpolated or held at the nearest value, and may be less reliable.
- We do not promise any level of accuracy, and nothing on the Site (including examples, charts or marketing text) is a promise of accuracy or of any result.
6. Not advice
Nothing in the Service is financial, investment, legal, tax, accounting or business advice, or a recommendation to buy, sell or stock any product. We do not know your circumstances, and the Service is not tailored to you. You should take your own independent professional advice before making any significant Decision.
7. Your responsibility for Decisions
- You use the Service, and make every Decision, entirely at your own risk.
- You must not rely on the Estimates as the sole or main basis for any Decision. Before any Decision you are responsible for carrying out your own independent checks, which may include tracking a product's rank and price history, studying competing offers, reading reviews, checking fees, restrictions and stock levels, and testing with small quantities.
- You accept that buying stock, entering marketplaces or investing involves risk of loss, including total loss, and that a Decision may lose you money whether or not an Estimate was accurate.
- You are solely responsible for complying with Amazon's policies and all laws that apply to your business.
8. No warranties
To the fullest extent permitted by law, the Service, the Estimates and the Dataset are provided "as is" and "as available", with all faults, and without any warranty, condition, representation or term of any kind, whether express or implied by statute, common law or otherwise, including (without limitation) any implied term as to accuracy, completeness, timeliness, satisfactory quality, merchantability, fitness for a particular purpose, non-infringement, or that the Service will be uninterrupted, secure or error-free.
This section does not remove any rights you have as a consumer that cannot legally be excluded (see section 10).
9. Limitation of liability
- What we never exclude. Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot be excluded or limited by law.
- Losses we are not responsible for. Subject to section 9.1, and to the fullest extent permitted by law, we will not be liable to you or anyone else, whether in contract, tort (including negligence), breach of statutory duty, misrepresentation or otherwise, for any:
- loss of profit, revenue, sales, business, contracts or anticipated savings;
- loss arising from any Decision, including the cost of stock bought, stock that does not sell or sells slowly, storage, long-term storage, removal, disposal or return fees, discounting, write-downs, advertising spend, shipping, fees, or the cost of capital or borrowing;
- loss of or damage to goodwill or reputation;
- loss or corruption of data, software or systems;
- wasted expenditure or management time;
- loss arising from the acts, omissions, data, policies or systems of Amazon, payment providers or any other third party; or
- indirect, special or consequential loss of any kind,
- Cap. Subject to section 9.1, and to the fullest extent permitted by law, our total aggregate liability to you for all claims of any kind arising out of or in connection with the Service, the Dataset or these Terms is limited to the total amount you actually paid us for the Dataset (for free use of the Site, this is zero, or £50 if a zero limit is not allowed by law).
- Time limit. To the extent permitted by law, any claim must be notified to us in writing within six months of the date you first became aware, or ought reasonably to have become aware, of the facts giving rise to it, failing which it is waived.
- Why these limits are fair. The Dataset is sold for a small one-off price that reflects these limits. We have no control over, or knowledge of, the Decisions you make or their size, and you are best placed to manage and insure against your own business risks. You agree these limits are reasonable.
10. Business and consumer customers
- Business customers. The Service is designed for people researching or running a selling business. If you buy or use the Service for purposes relating to your trade, business, craft or profession, you are a business customer and sections 5 to 9 apply to you in full.
- Consumers. If you are a consumer (an individual acting wholly or mainly outside your trade, business, craft or profession), you have legal rights in relation to digital content that is faulty or not as described, including under the Consumer Rights Act 2015 in the UK. Nothing in these Terms affects those statutory rights. Where those rights apply, our liability is limited as far as the law allows, and in any case we are only responsible for loss that was a foreseeable result of our breach. Because the Service is supplied for business research, we are not liable to consumers for business losses such as loss of profit, loss of business or the cost of stock.
- If you live in the European Union or another country whose mandatory consumer laws give you rights that these Terms cannot exclude, those rights still apply.
11. Indemnity
If you are a business customer, you agree to indemnify us and keep us indemnified against all claims, liabilities, losses, damages, costs and expenses (including reasonable legal fees) arising out of or in connection with: (a) any Decision made by you or by anyone you share the Estimates with; (b) your breach of these Terms, including the licence in section 14; or (c) any claim by a third party relating to your use of the Service.
12. Buying the Dataset
- The price is shown on the Site (currently $10, in US dollars) and is payable in full at checkout. Taxes such as VAT may be added at checkout depending on where you are. Your bank may charge currency conversion fees.
- Payments are processed by Stripe. We do not see or store your full card details. Stripe's own terms and privacy policy apply to the payment.
- The contract is formed when your payment is confirmed. We supply the Dataset as a single download on the Site immediately after payment. The Dataset is not sent by email. Stripe will email you a receipt.
- Each purchase includes one download. Once the download has started, the link stops working. You are responsible for saving your copy. If a download fails for a technical reason on our side, contact us with your receipt and we will investigate and, where appropriate, supply a replacement copy.
- Each copy of the Dataset is personalised with the purchaser's email address and order reference and is protected against editing. Removing, altering or circumventing that marking or protection is a breach of these Terms.
- The Dataset is the version available on the date of purchase. Buying it does not entitle you to future updates.
- We may refuse or cancel any order, for example where we suspect fraud or misuse, in which case we will refund any payment.
13. Cancellation and refunds
- The Dataset is digital content not supplied on a tangible medium. Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (and equivalent laws elsewhere), consumers normally have 14 days to cancel. By buying, you expressly ask us to supply the Dataset immediately, and you acknowledge that you lose your right to cancel once the download is made available to you.
- If the Dataset is faulty (for example, the file is corrupted or will not open) or is materially different from its description on the Site, contact us within 30 days of purchase. We will first try to fix the problem or supply a working copy, and if we cannot, we will refund the price you paid.
- Estimates turning out to be different from the sales you or others actually see is not a fault and does not entitle you to a refund, because the Estimates are expressly described as approximate and not guaranteed.
- Refunds are made to the original payment method.
14. Licence and permitted use
- When you have paid, we grant you a non-exclusive, non-transferable, non-sublicensable, revocable licence to download, store and use the Dataset for your own internal research and the internal purposes of your own business.
- You may keep the Dataset on devices used only within your business and refer to individual figures in your own private analysis.
- You must not, and must not allow anyone else to: (a) sell, resell, rent, license, publish, share, distribute or otherwise make available the Dataset or any substantial part of it, whether free or for payment; (b) use it to build or improve a product, tool, extension, website, course or service offered to others, or to train any machine-learning model offered to others; (c) remove or alter any notices or disclaimers in it; or (d) present it as your own work or as data from Amazon.
- If you breach this section, your licence ends automatically, you must delete all copies, and we may take action to protect our rights.
15. Intellectual property
We, or our licensors, own all intellectual property rights in the Service, including the Site design and text, and the Dataset (including database right in it). Except for the licence in section 14 and normal personal viewing of the Site, no rights are granted to you. You must not scrape, harvest, copy in bulk or systematically extract data from the Site.
16. Amazon and third parties
- BSR Sales Estimator is independent. It is not affiliated with, endorsed by, sponsored by or connected to Amazon.com, Inc. or any of its affiliates.
- Amazon, Amazon.com, Best Sellers Rank and related marks are trademarks of Amazon.com, Inc. or its affiliates. We use them only to describe what the Service relates to.
- We are not responsible for any third-party website, service or content linked from the Site, or for Amazon's data, policies, decisions or systems.
17. Availability and changes
We may change, update, suspend or withdraw any part of the Service, including the content of the Dataset or its price of the Dataset, at any time without notice. We do not guarantee that the Site will always be available or free from errors, viruses or other harmful components. You are responsible for protecting your own devices and data.
18. Acceptable use
You must not use the Service unlawfully or fraudulently, attempt to gain unauthorised access to the Site or any download, interfere with the Site's operation, use automated means to access the Site, or share any private download link.
19. Events outside our control
We are not responsible for any failure or delay caused by events outside our reasonable control, including failures of hosting, internet or payment providers, cyber-attacks, acts of government, or natural events.
20. Privacy
How we use personal information is explained in our Privacy Policy.
21. Complaints and contact
If you have a question or complaint, email us. We aim to reply within 5 working days.
22. General
- Entire agreement. These Terms (with the Privacy Policy and anything shown at checkout) are the whole agreement between you and us about the Service and replace any earlier statements. You confirm you have not relied on any statement, promise or representation that is not set out in these Terms. Nothing in this clause limits liability for fraud.
- Severability. If any part of these Terms is found invalid or unenforceable, it will be applied to the greatest extent allowed and the rest of these Terms will continue in full force.
- No waiver. If we delay or do not enforce any right, we can still enforce it later.
- Transfer. We may transfer our rights and obligations to another organisation. You may not transfer yours without our written consent.
- Third-party rights. No one other than you and us has any right to enforce these Terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
- Language. These Terms are in English, and the English version prevails over any translation.
23. Governing law and courts
These Terms, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them or the Service, are governed by the law of England and Wales. The courts of England and Wales have exclusive jurisdiction, except that if you are a consumer living in Scotland or Northern Ireland you may also bring proceedings in your local courts, and if you are a consumer living elsewhere you keep the protection of any mandatory laws of your country of residence.