Problems and Materials on Commercial Law (Aspen Casebook)

Booksellers are required to accept returns for all reason except when the buyer changes his/her mind. Note that laws in certain European jurisdictions may require some European booksellers to accept returns regardless of the reason for the return. Most booksellers find it to be in the best interest of good customer service to accept and process returns for ¿buyer changed mind¿. Buyers are advised they must reach an agreement with the bookseller for the ¿buyer changed mind¿ before returning the book.

Definitions of Return Reasons and Corresponding Reimbursement Amounts:

Reason Description Reimbursement
Item did not arrive Book did not arrive to buyer by 15 calendar days past the estimated delivery date Buyer receives book price plus shipping
Buyer does not want item * Buyer received item, but does not want the item Buyer receives book price only
Item was damaged Item was damaged in transit Buyer receives book price, original shipping plus return shipping
Item not as described The book is shipped to the buyer and buyer claims it does not match the description on Abebooks. If the seller does not agree that the item was "not as described" they are not required to refund Return shipping, but must accept the Return.
If seller agrees with buyer, buyer receives cost of book, original shipping plus return shipping
If seller disputes return, buyer receives purchase price plus shipping.
Incorrect item delivered The book sent to the buyer was not the item the buyer ordered Book buyer receives book price, original shipping and return shipping
Order accepted in error The seller agreed to send a book, but then found the book condition was not as described on Abebooks, or that the book had been previously sold Buyer receives book price and original shipping
Buyer cancelled before shipping The seller agreed to send a book but was contacted by the buyer prior to shipping. Buyer requested order cancellation Buyer receives book price plus original shipping
Partial refund The buyer and bookseller have agreed to a partial refund amount. The buyer is refunded only the amount specified Booksellers are not refunded commission fees on partial refunds

* Reason can only be selected by the bookseller

In cases where the book is returned to the bookseller due to an incomplete address, unclaimed, returned to sender, or similar reasons, the buyer will be refunded for the book price only.
Returns for bookseller direct orders are subject to the Abebooks Returns policy and the guidelines outlined above. All seller-direct Returns must be processed online to ensure the bookseller is not charged commission on the refunded sale.

b. Time Limits for Returns
Books can be returned for the reasons not as described, item damaged, incorrect item delivered, and buyer changed mind up to 30 days after the maximum estimated delivery date. For item did not arrive, the option will not be available to buyers to initiate a return until 14 days after the maximum estimated delivery date has passed.

Booksellers may choose to accept returns outside this time limit. All Returns must be processed via the Abebooks Web sites. Please note that delays associated with international orders may occur due to customs. This may result in late requests from buyers to return items.

c. Proof of Delivery
Booksellers are responsible for the book until the buyer receives it. Booksellers are encouraged to purchase delivery tracking whenever possible.

The USPS Web site offers many traceable options for domestic and international shipping. We suggest you visit their Web site for information about their global services at: http://www.usps.com/global/welcome.htm

Canadian booksellers can find information at: http://www.canadapost.ca/business/prodserv/sp/int/default-e.asp

d. Dispute Resolution
All disputes regarding returns are to be handled between the bookseller and buyer. Returns should be processed online once a resolution is reached. Abebooks d

If you are a consumer you can withdraw from the contract in accordance with the following. Consumer means any natural person who is acting for purposes which are outside his trade, business, craft or profession.

Information regarding the right of withdrawal

Statutory right to withdraw

You have the right to withdraw from this contract within 14 days without giving any reason.

The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good or the last lot or piece.

To exercise the right of withdrawal, electronically fill in and submit a clear statement on our website, under "My Purchases" in "My Account". We will communicate to you an acknowledgement of receipt of such a withdrawal on a durable medium (e.g. by e-mail) without delay.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal

If you withdraw from this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).

We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you.

We will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to withdraw from this contract.

We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

We may withhold reimbursement until we have received the goods back, or you have supplied evidence of having sent back the goods, whichever is the earliest.

You shall send back the goods or hand them over to 3rd St. Books, Lees Summit, Missouri, U.S.A., +1 8167869730, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

Exceptions to the right of withdrawal

The right of withdrawal does not apply to:

1. The delivery of newspapers, journals or magazines with the exception of subscription contracts; and
2. The supply of digital content which is not supplied on a tangible medium (e.g. on a CD or DVD) if you accepted when you placed your order that we could start to deliver it, and that you could not withdraw once delivery had started.

Shipping costs are based on books weighing 2.2 LB, or 1 KG. If your book order is heavy or oversized, we may contact you to let you know extra shipping is required.