This agreement between you and AbeBooks Europe GmbH ("AbeBooks") explains how you can use our Web sites and buy products 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.
1. 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 sellers around the world ("Sellers") acting on their own behalf.
2. 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 items 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.
3. How AbeBooks EU Works
The Web sites are a forum for Sellers and Customers. Customers buy Items from Sellers, 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 Sellers 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 Sellers. AbeBooks EU is not the agent of the Sellers. Only Customers and Sellers (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 Seller by e-mail for acceptance and fulfilment by the Seller. AbeBooks accepts payments made by Visa or MasterCard, while the seller 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.
4. 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 Seller sends an order acceptance and shipping notice to Your email address.
5. We Respect Your Privacy
6. 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 Sellers 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.
7. Legal Claims
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 München, 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 München, Germany or the courts of the country in which you have permanent residency.
8. 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.
9. 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.