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Terms and Conditions
AbeBooks Web Site Terms and Conditions
Last Revised April 11, 2013
THESE TERMS AND CONDITIONS GOVERN YOUR USE OF THE ABEBOOKS WEB SITES (THE "WEB SITES") OPERATED BY ABEBOOKS EUROPE GMBH ("AbeBooks EU"). BY USING THE WEB SITES, YOU ACKNOWLEDGE AND SIGNIFY THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS, YOU MAY NOT USE THE WEB SITES.
1. Changes to these Terms and Conditions
AbeBooks EU may, in its discretion, change, supplement or amend these Terms and Conditions as they relate to your future use of the Web sites from time to time, for any reason, and without any prior notice or liability to you or any other person, by posting the modified Terms and Conditions on the Web sites. You may not change, supplement, or amend these Terms and Conditions in any manner. Each time you use the Web sites, you acknowledge and signify that you have read, understood, and agreed to be bound by these Terms and Conditions as they then read.
2. The AbeBooks EU Customer Agreement
These Terms and Conditions supplement the AbeBooks EU Customer Agreement, which applies to registered AbeBooks EU customers. The AbeBooks EU Customer Agreement may be viewed by clicking here.
3. Permission to use the Web sites
The Web sites may be accessed and used only by individuals who are able to enter into legally binding and enforceable contracts. Users of the Web sites must comply with all applicable laws. Persons in jurisdictions may not use the Web sites where access to or use of the Web sites or any part of them may be illegal or prohibited. If you breach any provision of these Terms and Conditions, you may no longer use the Web sites. AbeBooks EU may in its discretion refuse permission to access and use the Web sites.
The Web sites are made available to you for your lawful, personal, non-commercial use only. You may access and browse the Web sites only using commercially available, SSL-capable Web browser software. You may print or download the pages of the Web sites for your personal, non-commercial use, provided that you do not modify any of the pages or other content and you do not remove or alter any visible or non-visible identification, marks, notices, or disclaimers. The Web sites and their content may not be copied, imitated, reproduced, republished, uploaded, posted, transmitted, modified, indexed, catalogued, or distributed in any way, in whole or in part, without the express prior written consent of AbeBooks EU. You may not reproduce, copy, duplicate, sell, or resell any part of the Web sites or access to the Web sites.
The Web sites are provided on an "as is" and "as available" basis, and without any representations, warranties or conditions of any kind, whether express or implied, and including without limitation implied conditions, warranties or representations of merchantability, fitness for a particular purpose, performance, durability, security, availability, or accessibility, all of which are hereby disclaimed by AbeBooks EU to the fullest extent permitted by law. You are solely responsible for: (a) obtaining, configuring and maintaining all computer hardware, software, telephone services, and other equipment and services necessary for You to access and use the Web sites; (b) scanning for and preventing the receipt and transmission of viruses, Trojan horses, worms or other destructive or disruptive components; and (c) maintaining a complete and current backup of all of the data contained on your computer system prior to accessing or using the Web sites.
Regardless of the nature of the claim or the reasons for the loss and damages, AbeBooks EU's liability is limited to foreseeable and direct damages only. AbeBooks EU will not under any circumstances be liable to you or any other person for any loss of use, loss of production, loss of income or profits (anticipated or otherwise), loss of markets, economic loss, special, indirect or consequential loss or damage or punitive damages, whether in contract, tort or under any other theory of law or equity, arising from, connected with, or relating to the use of the Websites by you or any other person.
In no event will AbeBooks EU's total liability to you or any other person for any claims, proceedings, liabilities, obligations, damages, losses, and costs, whether in contract, tort or under any other theory of law or equity, and regardless of any negligence or other fault or wrongdoing by AbeBooks EU or any person for whom AbeBooks EU is responsible, exceed the lesser of €25.00 or the purchase price of the Item that is the subject of the claim.
The exclusion of certain warranties and the exclusion or limitation of certain liabilities is prohibited by law in some jurisdictions. Such limitations may apply to you. The warranty disclaimer and liability exclusion and limitation clauses survive indefinitely after the termination of this Agreement.
5. No Advice
The Web sites are not intended to be a comprehensive or detailed statement concerning the matters addressed; professional or expert advice or recommendations; or an offer or recommendation to sell or buy any book or other item, product or service. You should seek appropriate, qualified professional advice and recommendations before acting or omitting to act based upon any information provided on or though the Web sites.
Communications sent to AbeBooks EU by means of the Web sites or email are not considered delivered or effective unless and until they are actually received and processed by AbeBooks EU's responsible representative.
7. Web site Content
AbeBooks EU is not obliged to monitor, screen, police or edit the use of the Web sites, including postings of materials to the Web sites, although AbeBooks EU reserves the right to do so in its discretion. AbeBooks EU will respond as it considers appropriate, in its discretion, if it becomes aware of any inappropriate uses of the Web sites, including without limitation uses that constitute copyright infringement. You may report any claims or concerns (including copyright infringement claims) regarding Web sites or their content by sending an email to email@example.com.
8. Ownership of the Web sites
Copyright © AbeBooks Europe GmbH 2002-2013. All Rights Reserved. The Web sites and their content (including all information in text, graphical, video and audio forms, images, icons, software, design, applications and other elements available on or through the Websites) are the property of AbeBooks EU and others, and are protected by international copyright and other laws. Your use of the Web sites does not transfer to you any ownership or other rights in the Web sites or their content.
9. Other Sites
The Web sites may include advertisements for, and links to, other web sites or resources and businesses operated by other persons, including booksellers ("Other Sites"). Other Sites are independent from AbeBooks EU, and AbeBooks EU has no responsibility or liability for or control over Other Sites, their business, goods, services, or content. Links to Other Sites are provided solely for your convenience. AbeBooks EU does not sponsor or endorse any Other Sites or their content or the goods or services available through those Other Sites. Your use of Other Sites and your dealings with the owners or operators of Other Sites is at your own risk, and you shall not make any claim against AbeBooks EU arising out of your use of any Other Sites or your dealings with the owners or operators of any Other Sites.
10. Linking, Framing, Mirroring, Scraping, Data-Mining or Postings
Links to the Web sites without the express written permission of AbeBooks EU are strictly prohibited. To request permission to link to the Web sites, please contact firstname.lastname@example.org. The framing, mirroring, scraping or data mining of the Web sites or any of their content in any form and by any method are strictly prohibited.
You may not use any collaborative browsing or display technologies in connection with your use of the Websites or to post comments, communications, or any other data of any kind to or on the Websites with the intention that other users of the Websites may view such postings.
11. Personal Information Privacy
12. Unsolicited Submissions
If you send any unsolicited ideas, suggestions or other materials, including ideas for new advertising campaigns, new promotions, new or improved goods, services or technologies, product enhancements, processes, materials, marketing plans, or new product names ("Submissions") to AbeBooks EU or the Web sites, you automatically grant (or warrant that the owner of the Submissions grants) to AbeBooks EU and its assigns a perpetual, royalty-free, irrevocable, unrestricted, non-exclusive, world-wide, assignable, sub-licensable, right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display and otherwise exploit the Submissions or any ideas, concepts, know-how or techniques associated with the Submissions for any purpose whatsoever, commercial or otherwise, using any form, media or technology now known or later developed, without providing compensation to you or any other person, without any liability whatsoever, and free from any obligation of confidence or other duties on the part of AbeBooks EU or its assigns, and you agree, represent and warrant that all moral rights in the Submissions are waived in favour of AbeBooks EU and its assigns.
13. Software Agreements
AbeBooks EU may cause software to be available for you to download from the Web sites or through other websites. The software is protected by copyright. These Terms and Conditions and the software licence agreement specific to the software govern your downloading and use of the software.
14. Other Matters
These Terms and Conditions and all related matters are governed solely by the laws of British Columbia, Canada and applicable federal laws of Canada, excluding any rules of private international law or the conflict of laws which would lead to the application of any other laws. The United Nations Convention On Contracts For The International Sale Of Goods does not apply.
For all disputes between AbeBooks EU and You or any other person arising from, connected with or relating to the Web sites, these Terms and Conditions, transactions facilitated or conducted through the Web sites, Items ordered or purchased through the Websites, dealings between You and AbeBooks EU, or any related matters or any legal relationship associated therewith or derived there from ("Disputes"), the relevant parties will attempt to find a reasonable solution least onerous to the parties. If a Dispute cannot be resolved by the parties, then the Dispute will be subject to German law (the United Nations -Convention on the Sale of Goods - Un-Kaufrecht - shall not apply) and: (a) if You qualify as a merchant within the meaning of the German Commercial Code (HGB) or if You have Your permanent residency or Your registered office in Germany, the Dispute will be resolved exclusively before the courts in Düsseldorf, Germany; and (b) if You are not a merchant within the meaning of the German Commercial Code (HGB), You may elect to have the Dispute resolved either before the courts in Düsseldorf, Germany or the courts of the country in which you have permanent residency.
If any provision of these Terms and Conditions is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed to be severed from the rest of these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.
No consent or waiver by either party to or of any breach by the other party of these Terms and Conditions will be deemed or construed to be a consent to or waiver of a continuing breach or any other breach of these Terms and Conditions by that party. No consent or waiver will be effective unless in writing and signed by both parties.
You expressly request and require that these Terms and Conditions be drawn up in the English language.
Any rights not expressly granted in these Terms and Conditions are reserved to AbeBooks EU.
These Terms and Conditions are subject to change without notice.
Privacy & Security
AbeBooks' Customer Agreement
Last Revised April 11, 2013
Thank you for becoming an AbeBooks EU customer.
This agreement between you and AbeBooks Europe GmbH ("AbeBooks") explains how you can use our Web sites and buy books listed on our Web sites. Use of AbeBooks EU Web sites is governed by this agreement. By registering as an AbeBooks EU customer, you acknowledge and signify that you have read, understood, and agreed to be bound by this agreement.
Who is AbeBooks EU?
AbeBooks EU operates a number of Web sites, including abebooks.de, abebooks.fr, abebooks.co.uk, abebooks.it and iberlibro.com (collectively the "Web sites") that allow registered AbeBooks EU customers ("Customers") to purchase used, rare and out-of-print books and other items such as maps, sheet music, manuscripts and ephemera (collectively, "Items") from booksellers around the world ("Booksellers") acting on their own behalf.
Who Can Be a Customer?
Only individuals and businesses that are legally entitled to enter into legally binding and enforceable contracts may register to be a Customer and purchase books through the Web sites. Customers must comply with all applicable laws. All information submitted by Customers through the Web sites, including registration information, payment information, and transaction-related information must be true, accurate, current and complete. Once you have registered as a Customer, you are referred to as a "Customer", "You", "Your" or "Yourself" for the purposes of this agreement.
How AbeBooks EU Works
The Web sites are a forum for Booksellers and Customers. Customers buy Items from Booksellers, not from AbeBooks EU. Customers authorize AbeBooks EU to act as their limited representative solely to conclude on their behalf sales contracts directly between them and the Booksellers for sales of Items on the Web sites. AbeBooks EU only facilitates transactions, and does not enter into any sale or purchase contract in its own name on behalf of Customers or Booksellers. AbeBooks EU is not the agent of the Booksellers. Only Customers and Booksellers (not AbeBooks) are responsible for all transactions through the Web sites and the terms and conditions of all transactions.
Orders placed through the Web sites are forwarded to the selected Bookseller by e-mail for acceptance and fulfilment by the Bookseller. AbeBooks accepts payments made by Visa or MasterCard, while the bookseller may accept payments made by other methods. Passwords must be kept confidential and not disclosed to or shared with any other person. You are solely responsible and liable for any use and misuse of Your password and for all activities that occur under your password. You must immediately notify AbeBooks EU of any unauthorized use of Your password, or if You know or suspect that Your password has become known to any other person. AbeBooks EU is not under any obligation to verify the actual identity or authority of the user of any password.
Misprints and Orders
Although AbeBooks EU strives to provide reliable and current information on the Web sites, misprints or other errors may occur. AbeBooks EU reserves the right to change information on the Web sites at any time and from time to time without any notice or liability to You or any other person.
Items listed on the Web sites are subject to availability, and may not be available when ordered or afterwards.
The Items offered on the Web sites are invitations for purchase orders, and shall not constitute binding offers to sell. Your properly completed and delivered order form constitutes Your offer to purchase the Items referenced in your order. Your order will be accepted only if and when the Bookseller sends an order acceptance and shipping notice to Your email address.
We Respect Your Privacy
Warranty Disclaimer and Liability Exclusion and Limitation Clauses
Since AbeBooks EU is not a party to any transactions through the Web sites, AbeBooks EU does not give any representation or warranty regarding any transactions or any of the Items. AbeBooks EU has no control over or liability for the quality or legality of the Items advertised, the truth or accuracy of the listings, or the ability of Booksellers to sell Items.
The Web sites are provided on an "as is" and "as available" basis, and without any representations, warranties or conditions of any kind, whether express or implied, and including without limitation implied conditions, warranties or representations of merchantability, fitness for a particular purpose, performance, durability, security, availability, or accessibility, all of which are hereby disclaimed by AbeBooks EU to the fullest extent permitted by law.
Regardless of the nature of the claim or the reasons for the loss and damages, AbeBooks' liability is limited to foreseeable and typical damages. AbeBooks EU will not under any circumstances be liable to You for any loss of use, loss of production, loss of income or profits (anticipated or otherwise), loss of markets, economic loss, special, indirect or consequential loss or damage or punitive damages, whether in contract, tort or under any other theory of law or equity, arising from, connected with, or relating to the use of the Web sites by You unless it concerns the loss of life, injury of body and/or physical health.
In no event will AbeBooks' total liability to You or any other person for any claims, proceedings, liabilities, obligations, damages, losses, and costs, whether in contract, tort or under any other theory of law or equity, and regardless of any negligence or other fault or wrongdoing by AbeBooks EU or any person for whom AbeBooks EU is responsible, exceed the lesser of €25.00 or the purchase price of the Item that is the subject of the claim.
The exclusion of certain warranties and the exclusion or limitation of certain liabilities is prohibited by law in some jurisdictions. Such limitations may apply to You. The warranty disclaimer and liability exclusion and limitation clauses survive indefinitely after the termination of this agreement.
For all disputes between AbeBooks EU and You or any other person arising from, connected with or relating to the Web sites, this policy, transactions facilitated or conducted through the Web sites, Items ordered or purchased through the Websites, dealings between You and AbeBooks EU, or any related matters or any legal relationship associated therewith or derived therefrom ("Disputes"), the relevant parties will attempt to find a reasonable solution least onerous to the parties. If a Dispute cannot be resolved by the parties, then the Dispute will be subject to German law (the United Nations -Convention on the Sale of Goods - Un-Kaufrecht - shall not apply) and: (a) if You qualify as a merchant within the meaning of the German Commercial Code (HGB) or if You have Your permanent residency or Your registered office in Germany, the Dispute will be resolved exclusively before the courts in Düsseldorf, Germany; and (b) if You are not a merchant within the meaning of the German Commercial Code (HGB), You may elect to have the Dispute resolved either before the courts in Düsseldorf, Germany or the courts of the country in which you have permanent residency.
How Do You or AbeBooks EU End This Agreement?
You or AbeBooks EU may terminate this Agreement at any time with immediate effect and without any prior notice. AbeBooks EU may at any time and in its discretion immediately suspend or terminate (in whole or in part) your permission to use the Web sites without any notice or liability to You or any other person.
If this agreement or your permission to use the Web sites is terminated by You or AbeBooks EU for any reason, this agreement will nevertheless continue to apply and be binding upon You in respect of Your prior use of the Web sites and prior purchases of Items through the Web sites and anything connected with, relating to or arising from those matters.
Changes to Web sites, Policies and Procedures, and this Agreement
AbeBooks EU may, in its discretion, change, suspend or terminate, temporarily or permanently, the Web sites or any part of them at any time, for any reason, without any notice or liability to You or any other person.
AbeBooks EU may, in its discretion, change, supplement or amend its policies and procedures and this agreement as they relate to future use of the Web sites from time to time and without any notice or liability to You or any other person, by posting revised documents on the Web sites. You may not change, supplement or amend this agreement or any AbeBooks EU policies or procedures.
You and AbeBooks EU have expressly requested and required that this Agreement and all other related documents be drawn up in the English language.
Thank you for registering with AbeBooks EU. We look forward to serving you as a valued customer.
2. Responsible contact
Responsible contact according to the Federal Data Protection Act (Bundesdatenschutzgesetz (BDSG)) is AbeBooks Inc., 5th Floor, 655 Tyee Road, Victoria, BC, V9A 6X5, Canada and AbeBooks Europe GmbH, Ronsdorfer Str. 77a, 40233 Düsseldorf (both referred to as "AbeBooks").
3. Collection of data
Generally you can access our web services without disclosing personal data to us. It is always your choice whether or not to provide us with your personal data.
If you would like to register, purchase or sell books via our web sites or subscribe to our newsletter, the disclosure of personal data is necessary. This data includes your name, your address, your e-mail and other personal data which is requested by AbeBooks in individual cases.
We collect, process and use personal data only with your consent. If the consent is electronically declared within the scope of our Internet services, we follow the statutory notice liability requirements.
4. Use of your data
We use your personal data in order to constantly improve our range of services and to satisfy the user's needs.
AbeBooks uses your personal information to enable you the conclusion of contracts via our internet platform as well as for processing payments and book orders. In addition, your data is used for the establishment, processing and settlement of your user relationship with AbeBooks.
Furthermore, we use your data in order to communicate with you. This includes that we, as the case may be, inform you about novelties of our services via e-mail. Should you have subscribed to our e-mail newsletter, we use your data in order to inform you regularly about products, services or certain events which could be of interest to you. In the case that you no longer wish to receive these e-mail newsletters, you can cancel the subscription in the menu "your user account" at any time. You personal data will also be used in order to enable third parties the execution of technical, logistical and other services by our behalf. Finally, we use your data in order to protect our web pages and to trace unauthorised accesses.
5. Transmission of data
As a matter of course, your data will not be sold to third parties. AbeBooks exclusively transmits your personal data to the following extent:
6. Deletion of data
If your data is no longer necessary for the above-mentioned purposes including the settlement, it will be deleted. If the data is required for tax purposes, it will be blocked. This data is no longer available for further usage.
Agreement to the collection, processing and usage of my personal data
- I agree that AbeBooks Inc. and the AbeBooks Europe GmbH (below both referred to as "AbeBooks") collect, processes and use my personal data (like name, address and e-mail) for the establishment, transaction and settlement of my user relation with AbeBooks Europe GmbH.
- I agree that AbeBooks transmits my name, my address, my e-mail, my delivery address and if required my bank details to the respective contractual partner (buyer or seller) for the purpose of processing the contract.
- I agree that AbeBooks collects, processes and uses my personal data for marketing measurements like the mailing of email newsletters.
- Additionally I agree that in the case that AbeBooks, companies controlled by AbeBooks, particular affiliated companies or shares of the company are sold, my personal data will generally be passed onto the acquirer with the transmitted part of the company.
This declaration of acceptance can be revoked at any time with future effect by sending an e-mail to email@example.com.