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ZVAB.com Terms and Conditions of Use (Valid as of : June 1, 2011)


1. Scope of Application
2. Description of performance
3. User’s obligations
4. Blocking of the User
5. Liability
6. Provisions for purchase contracts concluded via ZVAB
7. Supplementary provisions for payment by credit card
8. Data protection
9. Concluding provisions

1.
Scope of Application
1.1.
The following Standard Terms of Use shall regulate the conditions under which natural and legal persons acting commercially and privately interested in the acquisition of second-hand books (hereinafter the Users) can use the internet platform ZVAB.com offered by AbeBooks Europe GmbH (hereinafter AbeBooks). ZVAB in particular comprises the use of the online platform available under the following internet addresses: ZVAB.com and ZVAB.de (hereinafter ZVAB). AbeBooks reserves the right to subject additional online platforms to these Standard Terms of Use.

1.2.
The terms for the use of ZVAB by second-hand book dealers or other providers (hereinafter Second-Hand Book Dealers) for offering products shall not be the subject matter of the Standard Terms of Use.

1.3.
The use of ZVAB shall be exclusively according to the provisions of these contractual terms. If Users apply standard terms of business with respect to the use of the ZVAB as against AbeBooks, these are hereby expressly rejected.

2.
Description of performance
2.1.
AbeBooks shall make available to the Users the ZVAB online platform for the purpose of enabling the Users to inform themselves about the products offered thereon by Second-Hand Book Dealers and to conclude contracts with such Second-Hand Book Dealers.

2.2.
AbeBooks' performances within the framework of ZVAB shall be restricted to establishing contact between Users and Second-Hand Book Dealers. AbeBooks itself shall be neither a contracting party nor a representative of either of the parties in the conclusion of contracts concerning the acquisition of products offered by Second-Hand Book Dealers within the framework of the ZVAB. AbeBooks' performance shall be restricted to the standardised transmission as messenger of declarations in electronic form by the Users and the Second-Hand Book Dealers.

2.3.
In the event of payment by credit card, in derogation of the provisions in Sec. 2.2, a contract can be concluded with AbeBooks. A separate reference shall be made to such within the framework of the order process. These purchase contracts shall in addition be subject to the provisions in Sec. 6 to Sec. 13 of these Standard Terms of Business.

2.4.
The use of ZVAB shall be free of charge for the User.

2.5.
The conditions for the acquisition of the products offered within the framework of ZVAB shall be determined exclusively according to the declarations of the persons participating in the conclusion of contract and their standard terms of business.

2.6.
AbeBooks operates ZVAB according to the current state of the art. Temporary restrictions on the availability of ZVAB resulting from technical defects, maintenance work or force majeure are unavoidable and shall not constitute an infringement of AbeBooks' obligation to perform.

2.7.
AbeBooks shall at its own discretion advertise ZVAB to an appropriate extent, maintain it technically and update it. AbeBooks shall make every effort to maintain ZVAB at the current state of the art in the future. AbeBooks therefore reserves the right to amend or revise the appearance and the performance features offered in ZVAB or to replace such by other performance features and functionalities.
 
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3.
User’s obligations
3.1.
The User shall be obliged to submit the data he submits via ZVAB completely and correctly. The User shall immediately notify any changes to the data submitted by him to the extent that such are necessary for the processing of outstanding offers to purchase.

3.2.
The User shall be obliged to refrain from using ZVAB for purposes other than those described in Sec. 3.1.

3.3.
The User shall be obliged to refrain from circumventing ZVAB by placing orders directly from the Second-Hand Book Dealer making the offer, for products of which he acquires notice via ZVAB. If a Second-Hand Book Dealer should require the User to order books directly, thereby circumventing this obligation, the customer shall be obliged to notify such to AbeBooks immediately.

3.4.
Correspondence between the User and AbeBooks shall be by e-mail exclusively.

3.5.
The User is agreed to AbeBooks, within the limits of the data protection regulations and the law, giving other users or Second-Hand Book Dealers the opportunity to rate the User and to issue comments about the User. The User is aware that such comments can be read by other users or Second-Hand Book Dealers. A claim to the deletion of ratings or comments shall be asserted directly against the author. AbeBooks shall upon request establish contact with the relevant author. AbeBooks shall be obliged to delete such only in the event of an obvious infringement of the law or if an enforceable ruling is submitted.
 
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4.
Blocking of the User
AbeBooks shall be entitled to block the User if there are grounds for such. The blocking can be effected without prior notice if AbeBooks has a legitimate interest in an immediate blocking. Grounds for blocking shall in particular be if the User infringes his obligations under this contract or if third parties allege to AbeBooks that there has been an infringement of the law. In the event of such an allegation of an infringement of the law, AbeBooks shall transmit the corresponding notification to the User. AbeBooks shall not be obliged to verify the contents of the allegations.

5.
Liability
5.1.
With the exception of an infringement of essential contractual obligations, AbeBooks shall only be liable to entrepreneurs if and to the extent that its legal representative and vicarious agents are guilty of intent or gross negligence. AbeBooks shall only be liable for other vicarious agents in the event of intent and to the extent that such agents deliberately or with gross negligence infringe essential contractual obligations. In the absence of intent or gross negligence, AbeBooks' liability shall be limited to the losses that were typically foreseeable at the time of the conclusion of the contract.

5.2.
AbeBooks shall only be liable to consumers in the event of intent or gross negligence. In the event of an infringement of essential contractual obligations, debtor's delay or an impossibility of the provision of performance for which AbeBooks is responsible, AbeBooks shall, however, be liable for any culpable conduct on the part of its employees and vicarious agents. With the exception of the intent or gross negligence of legal representatives, AbeBooks liability shall in terms of amount be limited to the losses typically foreseeable at the time of the conclusion of the contract.

5.3.
The aforesaid exclusions of liability and restrictions shall not apply if and to the extent that AbeBooks assures specific qualities or has issued guarantees. Nor shall they apply to losses resulting from injury to life, body or health, or in the event of binding statutory provisions to the contrary.

6.
Provisions for purchase contracts concluded via ZVAB
The provisions for the acquisition of products offered within the framework of ZVAB shall be determined exclusively according to the declarations of the persons participating in the conclusion of the contract and their standard terms of business. As a rule, AbeBooks shall not participate in the conclusion of the contract but only shall act as a mediator between Users and Second-Hand Book Dealers.
 
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7.
Supplementary provisions for payment by credit card
7.1.
AbeBooks shall assume the handling of the payment by credit card on the instructions of the Second-Hand Book Dealers. For settlement-system reasons, with these credit card payments the Second-Hand Book Dealer identified in ZVAB cannot appear as vendor, and instead the vendor shall be AbeBooks. In such event, in derogation of the provisions in Sec. 6, a contract shall be concluded with AbeBooks. A separate reference shall be made to such within the framework of the order process. These purchase contracts shall be subject to the following provisions of these Standard Terms of Business.
7.1.1.
In the event that purchase contracts are handled via AbeBooks, the following provisions shall supplementarily apply to all business relationships between AbeBooks and its customers for contracts concerning the delivery of books that are acquired via ZVAB internet platform by credit card payment settled by AbeBooks. The decisive version shall be the version in force at the time of the conclusion of the contract. AbeBooks shall acquire the products selected by the purchaser from the Second-Hand Book Dealers specified in ZVAB and resell such to the purchaser under the terms of the following provisions. The goods shall be delivered directly by the Second-Hand Book Dealer specified in ZVAB to the purchaser at the request of AbeBooks.

7.1.2.
Consumers within the meaning of these Standard Terms of Business shall be natural persons with whom AbeBooks enters into a business relationship without such persons being ascribable a commercial or free-lance professional activity.

7.1.3.
Entrepreneurs within the meaning of these Standard Terms of Business shall be natural or legal persons or partnerships with legal personality with which AbeBooks enters into business relationships and which act in the exercise of a commercial or free-lance professional activity.

7.1.4.
Customer within the meaning of these Standard Terms of Business shall be both consumers and entrepreneurs.

7.1.5.
Different, conflicting or supplementary standard terms of business shall not become an element of the contract in the relationship with AbeBooks, even if the latter is aware thereof, unless their application is expressly confirmed in writing.

7.2.
C o n c l u s i o n   o f   c o n t r a c t

7.2.1.
AbeBooks shall submit to the customer, if the latter is to pay the goods offered by credit card and if the payment is handled via AbeBooks, the offer to acquire the books selected by him via ZVAB at the price specified therein and subject to the terms of delivery stated therein. If within the framework of ZVAB, standard terms of business are used by the Second-Hand Book Dealers that are incompatible with these present Standard Terms of Business, these present Standard Terms of Business shall take priority. In any event, the offers shall be without obligation and shall be subject to the condition that the product can be acquired from the Second-Hand Book Dealer specified in ZVAB and is still on stock or available for delivery there.

7.2.2.
By placing the order, the customer confirms his offer to make a contract with binding effect. AbeBooks shall confirm receipt of the customer's order. The confirmation of receipt shall not yet constitute a binding acceptance of the order. The confirmation of receipt can be combined with a declaration of acceptance.

7.2.3.
AbeBooks shall be entitled to accept the offer of a contract contained in the order within a period of seven working days after receipt thereof.

7.2.4.
AbeBooks shall be entitled to refuse to accept the order, for instance after checking the customer's creditworthiness..

7.2.5.
The contract shall be concluded subject to the condition that no performance or only partial performance shall be effected if AbeBooks is not correctly or not duly supplied itself.

7.2.6.
In the event of the unavailability or only partial availability of the performance, the customer shall be notified immediately. The consideration shall be refunded immediately.

7.2.7.
The text of the contract shall be stored by AbeBooks and upon request shall be sent by email to the customer after conclusion of the contract, together with the Standard Terms of Business included with legal effect; the standard terms of business can be inspected at any time at: http://www.en.zvab.com/termsAndConditions.do.

7.3.
R e s e r v a t i o n   o f   t i t l e

7.3.1.
With consumers, AbeBooks reserves title to the goods until the purchase price has been paid in full.

7.3.2.
For the rest, with entrepreneurs AbeBooks reserves title to the goods until all claims under a current business relationship have been settled in full.

7.3.3.
AbeBooks shall be entitled to withdraw from the contract and demand the return of the goods in the event of conduct by the customer in breach of the contact, in particular in the event of return debits, refusal of acceptance or other disruptions in the handling of the transaction or in the event of an infringement of an obligation pursuant to Sections 7.4. and 7.5. of these provisions.

7.3.4.
The entrepreneur shall be entitled to resell the goods in the ordinary course of business. It hereby assigns to AbeBooks all claims to the amount of the invoice total that it acquires against a third party as a result of the resale. AbeBooks hereby accepts the assignment. According to the assignment, the entrepreneur shall be entitled to collect the claim. AbeBooks reserves the right to collect the claim itself as soon as the entrepreneur fails to comply duly with its payment obligations and becomes in payment default.

7.4.
A g r e e m e n t   o n  R e t u r n  S h i p p i n g  C o s t,  W i t h d r a w a l  R i g h t  u p  t o  1 M o n t h, E x c l u s i o n  o f  W i t h d r a w a l  R i g h t

Agreement on Return Shipping Costs: If you, as Consumer, exercise your withdrawal right (as described below), you shall bear the regulary costs of return shipping, if the product delivered equals the product ordered and if the price of the returned product does not exceed EUR 40 or if the price is higher and you have not yet rendered the consideration or a contractually agreed partial payment at the time of withdrawal. Otherwise return shipping is free.

Instruction on Withdrawal Right



Withdrawal Right


Consumers whose place of residence is in the EU, Switzerland, the USA or Canada are entitled to revoke their declaration of intent aimed at the conclusion of the contract without reasons within one month after receipt of the goods, in text form (e.g. Letter, e-mail) or - if the product is received before the expiry of such revocation period - by return of the product.


The revocation period starts to run upon receipt of this instruction in text form but not before receipt of the product by Consumer (in case of recurring deliveries not before receipt of the first installment) and not before complying with our information requirements pursuant to Article 246 Section 2 in connection with Section 1 para 1 and 2 EGBGB and with our obligations pursuant to Section 312 e para 1 sent. 1 BGB in connection with Article 246 Section 3 EGBGB. The revocation period shall be deemed observed if the goods are returned or notice of revocation is given within this period.


The products shall be returned to the antiquarian who has delivered the products to Consumer upon AbeBooks instructions. The return to AbeBooks is expressly excluded.


Consequences of Consumer's Withdrawal:


In case of a valid withdrawal, reciprocal performance received and emoluments taken if any (e.g. interest) are to be returned. If you are unable to return the performance received or only in deteriorated conditions, you may need to compensate us in this respect. This does not apply if the deterioration is exclusively caused by its examination to the extent it would have been possible in a physical store. Besides, the customer can avoid the obligation to compensate for the deterioration resulting from his use of the products in accordance with their intended purpose by not using the goods as if it was its property and by avoiding any action that might deteriorate the products.


If the product may be returned by parcel it shall be returned at our risk. You shall bear the regulary costs of return shipping, if the product delivered equals the product ordered and if the price of the returned product does not exceed EUR 40 or if the price is higher and you have not yet rendered the consideration or a contractually agreed partial payment at the time of withdrawal. Otherwise return shipping is free.
Products which may not be returned by parcel will be collected at consumer. Any obligation to reimburse any payment needs to be complied with within 30 days. This deadline starts to run for the consumer upon dispatch of the revocation or of the product, for us upon its receipt.



Special Notice:


In case of services, your withdrawal right expires prematurely if the agreement is fulfilled by you or Abebooks upon your expressed request, before you have exercised your withdrawal right.



End of Instruction on Withdrawal Right


Exclusion of Withdrawal Right:

Consumer's Withdrawal right is excluded in case of any distance selling contract regarding the delivery of audio- or video recording or software to the extent that the data medium was unsealed by consumer.


7.5.
P a y m e n t

7.5.1.
The price offered is binding. The price shall include statutory value added tax and mailing costs.

7.5.2.
The customer shall not incur any additional costs with orders that make use of means of telecommunications.

7.5.3.
Payment shall be by credit card. The customer undertakes to enter correctly and completely and to make available all the details necessary for such. AbeBooks shall make every effort to prevent the abusive use of credit cards as far as possible. For this reason, at the request of AbeBooks, the customer shall prove his identity in a manner requested by AbeBooks. If payment by credit card is not effected (confirmation of the execution of the payment from the bank maintaining the account) within 10 days or if as a result of other circumstances (e.g. objection by the customer) AbeBooks is obliged to return the payment, the customer shall be in default.

7.5.4.
The customer shall be charged interest on the monetary debt at the rate of 5 % above the basic rate of interest for the period of the default.

7.5.5.
The entrepreneur shall be charged interest on the monetary debt at the rate of 8 % above the basic rate of interest for the period of the default. With respect to entrepreneurs, AbeBooks reserves the right to prove and assert greater default interest losses.

7.5.6.
The customer shall only be entitled to a right of set off if his counterclaims have been determined with final legal effect and/or have been acknowledged.

7.5.7.
The customer may only exercise a right of retention if his counterclaim is based on the same contractual relationship.

7.6.
T r a n s f e r   o f   r i s k

7.6.1.
In the case of consumers, the risk of accidental loss and accidental deterioration of the goods sold shall transfer upon delivery of the goods to the consumer, even in the case of mail order purchase.

7.6.2.
In the case of enterprises, the risk of accidental loss or accidental deterioration of the goods shall transfer upon delivery of the goods to the forwarding agent, the carrier or other persons or agencies intended to handle dispatch.

7.6.3.
Delivery shall also deemed to be if the customer is in default with acceptance.

7.7.
W a r r a n t y

7.7.1.
Consumers have the choice of whether the remedy shall be by repair or the supply of a replacement. AbeBooks shall be entitled to refuse the manner of remedy selected if it is only possible at unreasonable expense and if the other manner of remedy has no substantial disadvantages for the consumer.

7.7.2.
In the case of entrepreneurs, AbeBooks shall first comply with its warranty for defect in the goods by means of repair or replacement delivery, at our choice.

7.7.3.
If the remedy is unsuccessful or if such is not possible in the light of the unique nature of the goods ordered, the customer can as a matter of principle at his choice demand reduction or refund (diminution), reversal of the contract (withdrawal) or damages instead of performance. If the customer chooses damages instead of performance, the restrictions on liability pursuant to Sec. 8 Nos. 1 and 2 shall apply. In the event of only minor defects, the customer shall not, however, be entitled to any right of withdrawal.

7.7.4.
Entrepreneurs must notify AbeBooks in writing of obvious defects within a period of one week after the receipt of the goods; otherwise, the assertion of the warranty claim shall be excluded. The deadline shall be satisfied if the notice is mailed in time. Entrepreneurs shall bear the full burden of proof that all preconditions for the claim have been satisfied, in particular with respect to the defect itself, the time when the defect was determined and the timeliness of the notification of the defect.

7.7.5.
The warranty period for consumers shall be one year from delivery of the goods for second-hand goods, and the statutory warranty period for new goods. The warranty period for entrepreneurs shall be one year from delivery of the goods. The one-year warranty period shall not apply if AbeBooks is guilty of gross negligence, in the case of damage to body and health attributable to AbeBooks and in the event of the loss of the customer¿s life. AbeBooks 's liability according to the Product Liability Act shall not affected by the aforesaid.

7.8.
L i m i t s   o f   a n d   r e l e a s e   f r o m   l i a b i l i t y

7.8.1.
Except in the case of the infringement of substantial contractual obligations, AbeBooks shall only be liable if and to the extent that our statutory representatives and vicarious agents are guilty of intent or gross negligence. In the absence of intent or gross negligence, AbeBooks¿s liability shall be limited to the losses that were typically foreseeable at the time of the conclusion of the contract.

7.8.2
The aforesaid exclusion of liability or restriction of liability shall not apply if and to the extent that AbeBooks assures specific qualities or issues guarantees. Nor shall they apply to losses resulting from injury to life, body or health and in the event of binding statutory regulations.
 
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8.
Data protection
8.1.
AbeBooks shall make available to the Users the CB/ZVAB online platform for the purpose of enabling the Users to inform themselves about the products offered thereon by Second-Hand Book Dealers and to conclude contracts with such Second-Hand Book Dealers.

8.2.
AbeBooks' performances within the framework of the CB/ZVAB shall be restricted to establishing contact between Users and Second-Hand Book Dealers. AbeBooks itself shall be neither a contracting party nor a representative of either of the parties in the conclusion of contracts concerning the acquisition of products offered by Second-Hand Book Dealers within the framework of the CB/ZVAB. AbeBooks' performance shall be restricted to the standardised transmission as messenger of declarations in electronic form by the Users and the Second-Hand Book Dealers.

8.3.
In the event of payment by credit card, in derogation of the provisions in Sec. 2.2, a contract can be concluded with AbeBooks. A separate reference shall be made to such within the framework of the order process. These purchase contracts shall in addition be subject to the provisions in Sec. 6 to Sec. 13 of these Standard Terms of Business.

8.4.
The use of ZVAB shall be free of charge for the User.
 
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9.
Concluding provisions
9.1.
The law of the Federal Republic of Germany shall apply. In the case of consumers who do not conclude the contract for professional or commercial purposes, this choice of law shall only apply to the extent that it does not withdraw the protection granted by binding provisions of the law of the country in which the consumer has his ordinary place of residence.

9.2.
The provisions of the UN Law on Sales shall not apply.

9.3.
If the customer is a merchant, a legal person under public law or a public law special asset, the legal venue for all disputes resulting from this contract shall be [place] exclusively. The same shall apply if the customer does not have a general legal venue in Germany or if his place of residence or ordinary abode is not known when the action is filed.

9.4.
All correspondence in connection with the performance of the handling of the contract shall be sent to info@zvab.com.

9.5.
Different agreements, amendments of the Standard Terms of Business and other amendments of the contract shall be invalid unless in written or text form within the meaning of Sec. 126 b of the Civil Code.

9.6.
If any provision in the user regulations or in the user contracts is invalid, this shall not affect the validity of the other agreements. In the event that a provision is invalid, it shall be deemed to be replaced by a provision that closest to the meaning and purpose of the invalid provision in a manner that conforms to the law. The same shall apply to gaps in the provisions that were not detected.