ZVAB.com Terms and Conditions of Use (Valid as of : February 15, 2012)


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. Data protection
8. 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: en.ZVAB.com, 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 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.
The use of ZVAB shall be free of charge for the User.

2.4.
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.

2.5.
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.

2.6.
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.
 
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.
 
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.
 
7.
Data protection

7.1.
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.

7.2.
AbeBooks' performances within the framework of the 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 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.

7.3.
The use of ZVAB shall be free of charge for the User.
 
8.
Concluding provisions

8.1.
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.

8.2.
The provisions of the UN Law on Sales shall not apply.

8.3.
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.

8.4.
All correspondence in connection with the performance of the handling of the contract shall be sent to info@zvab.com.

8.5.
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 of the Civil Code.

8.6.
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.