ABEBOOKS AGREEMENT

This Version Effective April 28, 2008

Welcome to AbeBooks and thank you for joining our site to list your books for sale. To avoid any confusion, this agreement explains what AbeBooks does, what you do, and how we work together.

1. How to Become an AbeBooks Bookseller

AbeBooks Europe GmbH ("AbeBooks", "Us", "We" "Our") operates a number of web sites (collectively, the "Web Sites" and each a "Web Site") and provides services (collectively, the "Services") that allow people and entities ("Customers") to purchase new, used, rare and out-of-print books, maps, prints, music sheets, manuscripts, ephemera and other related products (collectively, "Items") from booksellers.

If you want to list and sell Items through the Web sites, you must:

  1. 1. Complete and submit an AbeBooks Membership Application; and
  2. 2. Read this agreement, the AbeBooks Program Guide (that includes the Code of Conduct) and the Fee Schedule, and electronically sign them and signify your acceptance and agreement to them by clicking on the "I accept" button at the end of this agreement.

Only valid and existing corporations or individuals who are at least the age of adulthood according to their jurisdiction of residence and therefore can enter into legally binding and enforceable contracts may apply to become a bookseller on AbeBooks.

Once We have accepted your membership application, and provided you have clicked on the "YES! I Agree With The Above" button below, you will be referred to as a "Bookseller", "You", "Your" or "Yourself" for the purposes of this agreement, the AbeBooks Program Guide and the Fee Schedule (which together make up and are referred to as the "Agreement").

If you are an AbeBooks' bookseller pursuant to a previous version of this AbeBooks Agreement effective prior to April 28, 2008, this agreement will automatically be binding on you as of April 28, 2008. (There is no need for you to submit an AbeBooks Membership Application or click on the [I accept] button.)

2. Listing and Selling Your Items Through The Web sites

We have policies and procedures with respect to the use of the Web Sites and Services, including transactions conducted through the Web Sites. The policies and procedures are set out in the AbeBooks Program Guide. You will ensure that Your use of the Web Sites and Services complies with Our policies and procedures.

There are fees and other payments payable by You to AbeBooks for use of the Web Sites and Services, including for some transactions conducted through the Web Sites. These fees and payments are set out in the AbeBooks Program Guide and the Fee Schedule.

We may, from time to time, need to make changes to this Agreement (including the AbeBooks Program Guide and the Fee Schedule). If We make any changes, We will inform you of the changes by e-mail. Upon receipt of such an e-mail, if you do not object in writing (e.g. e-mail) within 14 days, the changes will be considered accepted. We will inform you via separate e-mail about this right of objection in the case of changes to this agreement.

3. You Give Us Permission to List Your Items

In order for Us to list Your Items on the Web Sites, We need certain information about all the Items that You will list for sale on the Web Sites. This information is referred to as the "Product File". We cannot list Your Items without a Product File, so You agree to provide Us with the Product File and agree that we can use it to list Your Items on the Web Sites and provide services.

You retain ownership of the Product File and all copyright and other intellectual property rights associated with the Product File. To allow us to list Your Items on the Web Sites and provide services, You grant to Us the right to use the Product File (including converting the information contained in the Product File if required, to import into our database) to present the Product File on the Web Sites and generally in association with providing the Services.

If Items listed in Your Product File do not have an ISBN associated with them, We may in our absolute discretion provide an ISBN for such Items using Our ISBN Matching Service prior to listing such Items on the Web Sites. Our ISBN Matching Service is based upon third party information that may not be accurate, and occasionally errors occur. You are solely responsible and liable for verifying the accuracy of all information contained in each order You receive, including without limitation the ISBN number for each ordered Item, before accepting the order. We are not responsible or liable to You or any other person for any loss or damage arising from, related to or connected with any ISBN numbers we may provide for any Items listed in Your Product File, including without limitation any costs associated with Item returns, refunds, or reimbursements due to erroneous ISBN numbers.

Before You provide us with the Product File, You must ensure that: (a) You have the legal right to offer and sell the Items listed in the Product File; (b) the Product File and the Items listed in the Product File comply with all applicable laws and the AbeBooks Program Guide; and (c) the Product File and Our use of the Product File will not infringe the rights (including copyright and other intellectual property rights) of any person or entity or violate any applicable laws.

You will ensure that all information You provide to Us, including membership application, Product File, and financial information, is true, accurate, current and complete. We will rely on the information You provide. You will be solely responsible and liable for any and all loss, damage, and additional costs that You, Us or any other person may incur as a result of Your submission of any false, incorrect or incomplete information.

In addition to the requirements and restrictions set forth in the AbeBooks Program Guide, You may not include in the Product File or otherwise advertise for sale on the Web Sites or sell through the Web Sites any Items the possession, advertisement or sale of which to any persons or class of persons (including minors) are prohibited by law in any of the jurisdictions in which You, Your business or the relevant Customer is located, or which may infringe the rights of any other person, or which are prohibited by the Bookseller Policies.

4. Codes

You may have to use one or more usernames or passwords (collectively "Codes") provided by Us to access or use parts of the Web Sites or the Services. We are not obligated to verify the actual identity or authority of any person using Codes to access and use the Web Sites or Services. We may act upon any communication that is given with the use of Codes. We may in Our discretion at any time require proof of the identity and authority of any person seeking to access and use the Web Sites or Services, and may deny access to and use of the Web Sites and Services or refuse to accept or act upon any communication if We are not satisfied with such proof. If We in Our discretion consider any Code to be insecure or to have been used inappropriately, then We may immediately suspend or cancel any and all Codes without any notice or liability to You or any other person.

If You have been issued Codes: (a) You are fully responsible and liable for the security of the Codes and any and all use and misuse of the Codes; (b) You will keep the Codes secure and confidential at all times and not disclose the Codes to any unauthorized person; (c) You will ensure that all uses of the Codes comply with this Agreement; and (d) You will immediately notify Us if you know or suspect that any of the Codes have been lost or stolen or become known to or used by any other person.

5. Service Providers

If You engage third party service providers to manage Your Items listed on the Websites, to process transactions on Your behalf, or to otherwise assist you in your dealings with AbeBooks or your access or use of the Web Sites or Services, You are and will remain fully responsible and liable to AbeBooks for all acts and omissions of all such service providers.

6. Confidentiality of Customer Data

As a Bookseller, You will receive certain information, including confidential payment information, about Customers and other users of the Web sites (collectively, "Customer Data"). You must treat the Customer Data with the same degree of care You accord Your own confidential and Customer information (but in any event with at least a reasonable degree of care), and You may use the Customer Data only for the purpose of fulfilling an accepted order to which the particular Customer Data relates. You also agree not to disclose, sell, license or otherwise transfer any Customer Data to any third party or use any Customer Data for the transmission of "junk mail", "spam", or other unsolicited distribution of information.

You must ensure that Your use of Customer Data complies with all applicable laws (including laws regarding the protection of personal information and privacy and unsolicited communications), and You must cooperate and assist Us as reasonably required from time to time to comply with personal information protection and privacy laws and the AbeBooks' Privacy Policy, which can be accessed by clicking here, as amended from time to time as applicable to the Customer Data. Without limiting the generality of the foregoing, You must amend, delete, return, or cease using Customer Data as We may request from time to time, and allow us to inspect and audit your use, disclosure, retention, and protection of Customer Data.

7. We Respect Your Privacy

Your personal information will be collected and saved by Us. All data and information We collect from You is treated confidentially respecting the applicable laws on data. We will treat Your data and confidential information with the same degree of care with which We treat Our own confidential information.

8. Our Role in Transactions

We facilitate transactions between You and the Customer. You are the seller in all of Your transactions with Customers. We do not take title to Items that You list on the Web Sites or sell to Customers through the Web Sites or Using the Services, and We are not a party to those transactions. Regardless of Our role in facilitating Your transactions with Customers, the transactions are solely between You and the Customers, and You are solely and fully responsible and liable for all of Your transactions with Customers. Without limiting the generality of the foregoing, You are solely responsible for collecting and remitting to the relevant authorities in a timely and proper manner all sales, value-added and other taxes and any and all other required withholdings, duties and charges relating to all of Your transactions with Customers.

9. Your Responsibility for Claims/Refunds

You are fully responsible for, and will defend, indemnify and hold Us harmless against, any and all claims, liabilities, obligations and expenses arising from, connected with or relating to Your transactions and other dealings with Customers or any breach of this Agreement by You or any person for whom You are in law responsible.

Without limiting the foregoing, if a Customer makes a complaint regarding a transaction, We may in our discretion give the Customer a refund of all payments made by the Customer in respect of the transaction, and You will indemnify Us for any such refunds.

10. Disclaimers and Limitations of Liability

Your use of the Web Sites and Services is at Your own risk. The Web Sites and Services 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 or durability, all of which are hereby waived by You and disclaimed by Us to the fullest extent permitted by law. The operation of the Web Sites and the provision of Services may be affected by numerous factors beyond Our control, and may not be continuous or uninterrupted or secure. Security and privacy risks cannot be eliminated.

All transactions with Customers are at Your own risk. We are not a party to any transactions and disclaim any and all liability regarding all transactions. We do not verify the identity of Customers or other users of the Web sites, the truth or accuracy of information submitted by Customers or users of the Web sites, or the ability of Customers to complete transactions.

We 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 access to or use of the Web Sites or Services by You or any other person, and regardless of any negligence or other fault or wrong doing by Us or any person for whom We are responsible, and notwithstanding that We may have been advised of the possibility of such loss or damages being incurred by You or any other person.

In no event will Our 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 Us or any person for whom We are responsible, exceed the lesser of EUR 100 or the purchase price of the Items (plus out-of-pocket shipping costs) that are the subject of the claim. In relation to any other third parties' claims, proceedings, liabilities, obligations, damages, losses, and costs You will release Us from liability if the liability did not arise from Our gross negligence, fraudulent or deliberate intent, but from an item You implemented on the Web site or other action caused by You.

To the maximum extent permitted by applicable law, You hereby release AbeBooks from any and all obligations, liabilities, claims or demands in excess of the limitations and exclusions set forth above in this Section 10. The above liability restrictions will not apply in the case of wilful misconduct or gross negligence by AbeBooks. Any further mandatory statutory liability of AbeBooks for bodily harm or damage to health or arising from statutory regulations of the country specific product liability law remains unaffected.

Without limiting the generality of the foregoing, AbeBooks will not under any circumstances be liable to You or any other person for any loss or damage arising from, connected with, or relating to the downloading of data (including computer software) from the Web Sites or through the Services if you have not taken adequate hardware, software and data protection and recovery precautions.

In this Section 10, references to AbeBooks include AbeBooks and its affiliates and their respective directors, officers, employees, representatives and agents.

11. Term of this Agreement and How To Terminate It

This Agreement is for an indefinite term. Either You or Us may terminate this Agreement at any time for convenience effective immediately upon written notice of termination to the other. We may at any time and in Our discretion immediately suspend or terminate (in whole or in part) Your permission to use the Web Sites and Services without any notice or liability to You or any other person.

Upon termination of this Agreement, You will pay to Us all unpaid fees and payments to the date of termination, and We will pay to You any balance due.

If this Agreement or Your permission to use the Web Sites or Services is terminated by You or Us 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 Services and Your prior transactions with Customers and anything connected with, relating to or arising from those matters.

Also, if this Agreement is terminated by You or by Us, certain provisions need to survive. Sections 5, 6, 7, 8, 9, 10, 11, 12 , 13, 14 and 15 of this Agreement and Sections 5.3 and 7 of "How AbeBooks Works" in the AbeBooks Program Guide and Sections 2 and 5.3 of the "Code of Conduct" in the AbeBooks Program Guide will survive indefinitely and continue to be binding upon You and Us.

12. Ownership of the Web sites and Other AbeBooks Property

The Web Sites and all information (in text, graphical, video and audio forms), images, icons, software, designs, applications, calculators, models, data, and other elements available on or through the Web Sites or the Services (collectively, the "Web Site Content") are Our property and the property of others, and are protected by Canadian, European and international copyright, trade-mark, and other laws. Your participation in or use of the Web Sites or the Services does not transfer to You any ownership or any other rights or interests in the Web Sites or the Web Site Content.

Unless otherwise stated in this Agreement, the Web Sites and the Web Site Content may not be copied, displayed, published, uploaded, posted, transmitted, modified, indexed, catalogued, framed, mirrored, scraped, data-mined or distributed in any way, in whole or in part, without Our express prior written consent. You may not use any of the software that is used in the operation of the Web Sites or the provision of Services except while You are using the Web Sites or Services. Your use of Our HomeBase software is subject to the applicable software license agreement.

13. Set-offs

To simplify Your payment processes and Ours, We need to have the ability to set-off monies owing to each other. We may set-off against monies owing to You any monies You owe to Us. You may set-off against monies owing to Us any monies We owe to You, but only if We agree in writing to the set-off.

14. What Law Applies and How We Resolve Disputes

For all disputes between You and AbeBooks or any other person arising from, connected with or relating to the Web Sites or the Services, this Agreement, transactions facilitated or conducted through the Web Sites or Services, any Items ordered or purchased through the Web site, dealings between You and AbeBooks, 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 UN 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.

15. Other Matters

You must comply with all applicable federal, state, provincial and local laws and regulations.

Without limiting the generality of the foregoing, you have to obey the legal regulations which are subject to the Net Book Agreement ("Buchpreisbindung").

If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed to be severed from the rest of this Agreement and will not affect the validity and enforceability of any remaining provisions.

Program Guide

The AbeBooks Program Guide is a comprehensive overview of how AbeBooks works and Our expectations of You as a participating Bookseller. The guide consists of three parts:

  1. 1. How AbeBooks Works – an explanation of how AbeBooks Web Sites and programs work;
  2. 2. Code of Conduct – outlines the expected standards of Bookseller participation with AbeBooks; and
  3. 3. Performance Standards – the areas where Your participation will be measured.

How AbeBooks Works

1. How does AbeBooks work?

AbeBooks operates a number of Web Sites (defined in the AbeBooks Agreement as "Web Sites") that allow Customers to purchase new, used, rare and out-of-print books and related Items (collectively "Items") from Booksellers who list their Items through Us. We may add or delete Web Sites in the future and these Web Sites will be included under the Web Sites incorporated under the AbeBooks Program Guide.

2. How do I become a member?

To become an AbeBooks member and sell Your Items on Our Web Sites, You simply:

  • Complete and submit the AbeBooks Membership Application Form; and
  • Read the AbeBooks Agreement, the AbeBooks Program Guide and Fee Schedule and agree to be bound by them by clicking on the [YES! I Agree With The Above] button at the end of the Agreement.

We will review the application and we reserve the right to accept or reject any membership application.

3. How do I List and Sell my Items through AbeBooks?

3.1 Listing Items

To list Your Items, You send Your Product File to Us by an electronic method including FTP, e-mail or through our online facilities. You agree to provide Us with reasonable assistance when required regarding the Product File (Bookseller inventory) sent to AbeBooks.

3.2 Selling Items

3.2.1 Bookseller-Customer Contact and Inquiries

Customers may contact You directly through our Web Sites to inquire about Items listed for sale. The contact information that you supply will be displayed with each Item, providing Customers with the ability to ask You questions directly. We are not involved in such inquiries.

3.2.2 Bookseller Direct Orders (Our "Shopping Basket")

Customers place orders directly with You for Items on Our Web Sites through Our Shopping Basket. The Shopping Basket is a secure, step-by-step facilitated purchase process that sends Customers' order and payment details for payment methods not accepted by AbeBooks to You for processing and service. Once you accept an order, You confirm the purchase and retrieve the secure payment information by using Our online order update facilities on AbeBooks.com. All transactions through Our Web Sites are between You and the Customer, and We do not become involved in the sale of the Item. All Items sold to Customers through the Shopping Basket will be subject to a commission (see Fee Schedule for details). At any time, both You and Customers are able to review the status of Items ordered through our Shopping Basket on the Web Sites. In those cases where the order does not result in a final sale, You will have 90 days from the date of accepting the order to request reimbursement of the commission charged to You by Us.

3.2.3 Accepted Payment Methods

Credit card processing provided by AbeBooks through the AbeBooks Payment Service, and Your selected payment methods, are the accepted payment methods available for all Items offered for sale by You on our Web Sites. AbeBooks accepts payments through a variety of available credit cards – with the following exceptions regarding irregularities as set out in 3.2.4 – however You may choose to accept additional payment methods, such as bank transfers, cheques or other methods of payment. You may select these additional payment methods during the registration process, or they may be updated at any time after registration.

3.2.4 AbeBooks Payment Service

AbeBooks will – with the following exceptions regarding irregularities as set out below – accept on Your behalf credit card payments for orders received from Customers through our Shopping Basket. Customers supply their credit card payment information to Us using Our secure server and We pass the order information, excluding payment information, along to You for confirmation. Once You have accepted the order, we will accept the credit card payment on Your behalf and will pay You as set forth in Section 5 below. Where payments under this Service indicate irregular or unusual payment activity AbeBooks may delay or cancel all or a part of a payment.

AbeBooks reserves the right to apply any chargebacks we receive from Customers to you.

4. How are my Items priced on Your Web Sites?

AbeBooks will list Your available Items for sale through Our Web Sites based on Your list price ("List Price"). We reserve the right to increase the price of any Item to Our minimum listing price of US $1 or it's equivalent when displaying the Item on our search results. On Our international web sites where the buyer's currency is different from Your listing currency, we will convert Your book price to the buyer's currency at a rate that covers currency conversion costs and short term rate fluctuation.

5. How do I get paid and what do I pay You?

5.1 What We pay to You

For Items sold through the Shopping Basket where We accept payment on Your behalf (AbeBooks Payment Service), We pay You the full list price of the Item plus any applicable shipping or other credits in your payment or listing currency, after You process the order for the Item. We may set-off, against payments to You for Items and shipping and other credits, any amounts You owe to Us.

For Items sold through the Shopping Basket by Your payment methods, You will collect full payment for the Items from the Customer.

5.2 What You pay to Us

You are responsible for the following fees ("Fees") payable to AbeBooks (all fees are net excluding VAT):

5.2.1 Subscription Fees

Fees are applicable as soon as Your application is processed regardless of the number of Items listed on our Web Sites. We charge a monthly subscription fee for listing Your Items on all AbeBooks Web Sites. The monthly subscription fee amount is calculated based on the average number of Items You listed during the previous month. Even if You have zero Items listed, You are required to pay the minimum monthly fee as set out in the Payment and Fee Schedule. If Your account is on Vacation status, You are required to pay subscription fees as set out in the Payment and Fee Schedule.

5.2.2 Commissions and Refunds

We charge You a commission on all Items based on the Total Item Amount (item price, shipping and any extra charges) sold by You to Customers through our Shopping Baskets on our Web Sites. Once an order is accepted or deemed to have been accepted by You (see Bookseller Policies), We will assume that the order will result in a completed sale by You of the ordered Items. If an order does not actually result in a sale of an Item, You will have 90 days from the date of the relevant monthly statement to request reimbursement for the commission charged on that Item.

Your monthly statement will include a link to an itemised invoice for the commission amount payable to Us for all completed Shopping Basket sales.

5.2.3 AbeBooks Payment Service Fees

For all orders where AbeBooks accepts payments from the Customer on Your behalf, We will charge You a Payment Service Fee on the total cost of each order, including Item price plus shipping and/or extra charges requested by You. Your monthly statement will include an invoice for the Payment Service Fees payable to Us for all orders completed using this service.

For further information on Fees, refer to Fee Schedule.

5.3 Taxes and Duties

AbeBooks does not collect or remit any taxes or duties for any sales of Items on the Web Sites. You are responsible for the payment of all sales taxes and duties, if applicable, for Items sold through the Web Sites.

6. When will I get an order and what am I supposed to do?

You will receive order information from AbeBooks through e-mail notification when orders are placed and You can also review new orders through the Web Site. You are required to update, process and ship Your orders as set out in the Code of Conduct and Performance Standards.

7. How do I handle Customer returns and will I receive a refund?

You will accept returns from Customers of Items listed on the Web Sites in accordance with the return policies specified in the Code of Conduct. All refunds for returned Items paid for through AbeBooks Payment Service will be handled by AbeBooks and You will either be invoiced for these or they will be applied against future amounts payable to You. You agree not to charge any restocking or similar charges in connection with returns.

8. How do I "log-in" to AbeBooks and is my membership information secure?

AbeBooks will assign You a confidential Client Identification Number and You will provide a user name (usually an e-mail address) and password for use in accessing Your member accounts on one or more of the Web Sites. You are responsible for maintaining the confidentiality or privacy of this membership information.

You must notify AbeBooks immediately if You know or suspect that any of Your client identification number, user name or password has been lost or stolen or has become known to or used by any other person.

Code of Conduct

1. Membership Eligibility Criteria

To be eligible for participation on AbeBooks, You sell new, antiquarian, used, rare, second-hand, remainder, hard-to-find, out-of-print materials or other related products that include but are not limited to:

  • Books
  • Ephemera
  • Maps
  • Prints
  • Periodicals; and
  • Video/audio reproductions

2. Communications

You agree to act with integrity and honesty and to provide courteous and fair service to all AbeBooks Customers and users. You will engage in respectful communication with all AbeBooks Customers and users and will not employ inappropriate tone, language or behaviour.

2.1 AbeBooks Communications

We reserve the right to communicate to our booksellers via e-mail regarding all product and service changes that may affect our Web sites or the bookseller community.

3. Contact Information and Terms of Sale

You will supply a valid e-mail address for public use and a valid telephone number and physical mailing address for AbeBooks' internal use.

Terms and conditions of sale will be clearly stated on the Web Sites. These terms will be listed with Your Items sale and may be amended only with agreement by both You and the Customer prior to the completion of the sale.

4. Item Descriptions and Listing Requirements

4.1 Item Descriptions

The following types of information are not permitted in Item descriptions:

  • Websites or URLs (with the exception of AbeBooks websites)
  • Contact information, e.g. e-mail address, telephone number, address (Note: There is a section under Member Information where You can enter this information)
  • Information that is defamatory to anyone
  • Pornographic, racist or other references which AbeBooks deems offensive or that may be reasonably deemed offensive.
  • Terms of Sale information such as shipping and handling information. (Note: There is a section under Member Information where You can enter in the Terms of Sale applicable to all Items.)

For each Item listed for sale on the Web Sites, You will be required to include the following information:

  • Complete description of the Item. You will be responsible for accurately describing Your Items and will understand and endeavour to use the specific terminology of the book trade. (See Glossary of Terms from the AbeBooks homepage).
  • Clear pricing of the Item. Items will be clearly priced and will not be auctioned or held for higher price.

Optionally, You may include a photograph of the Item with their description. However, if a photograph is attached, it must be a true and accurate representation of the Item offered for sale. AbeBooks reserves the right to automatically display publishers' pictures with specific Items.

4.2 Listing of Items

  • You will not list any Item that has not yet been published.
  • You will not knowingly deal in stolen material. Should a dispute arise over title between You and the Customer, You will offer a full refund to the Customer if there is any reasonable doubt over clear title, as decided by AbeBooks, acting reasonably.
  • You will make every effort to prevent the theft or distribution of stolen materials, and shall co-operate with law enforcement authorities and with AbeBooks in the effort to discover, recover and return stolen materials, and to apprehend and prosecute those responsible for theft.
  • You will be responsible for maintaining accurate inventory listings on AbeBooks. You will update Your listings to remove sold Items as soon as possible, within a maximum of two business days of selling the Item.

AbeBooks reserves the right to filter or not list specific Items (including publicly banned books, where applicable) based on the requirements of the specific Web Site.

5. Customer Service

5.1 Responding to Customer Orders and Inquiries

You will be expected to respond to Customer orders and inquiries within two business days of receipt. Where a follow-up communication is necessary to the Customer, You will do so within a reasonable (e.g. two business day) period.

If You are unable to respond to Customer orders or inquiries within a reasonable time period, e.g. 2 business days, You will, using the Vacation Handler program available on AbeBooks, remove Your inventory from the Web Sites. To maintain Your account and Your books in Our inventory during Your absence, the minimum subscription fee continues to be payable.

If the Item had been previously sold, You will notify the Customer within a reasonable time (e.g. 2 business days) that the Item is Sold or Unavailable through AbeBooks' online facilities or through direct contact.

5.2 Shipping Orders to Customers

When receiving an order from AbeBooks, You will ship the Item in accordance with the shipping priority selected by the Customer on the Web Site where the Item was purchased. In any event, You will ship the Item no later than two business days from the date on which You:

  1. 1. Received payment on a sale where the payment was processed by You, or
  2. 2. Updated the order using AbeBooks' online facilities when AbeBooks accepted the payment.

You are responsible for all handling, packaging and shipping materials and will take every reasonable effort to ensure that Items are received in the condition they were ordered.

Ownership of the Item changes from You to that of the Customer on shipment. However, You will make every reasonable effort to ensure that Items shipped will be received within the timeframe specified. Items that are significantly delayed (more than 7 calendar days after expected delivery date has passed) are Your responsibility.

For those Items lost in transit or where delivery is significantly delayed, You will be required to provide proof of shipping to the Customer. If You are unable to provide proof, You will accept a return and provide a refund for the Item including shipping costs.

5.3 Returns and Refunds

You will be responsible for providing a refund and accepting a return for all Items where the return is made within 14 days of receipt of the Item. If the Customer considers an Item is "not as described"', they may return the Item to You for a refund of purchase price plus original shipping cost. If You agree that the Item was not as described, You will also refund return shipping to the Customer. The Item description will be updated to reflect the true and accurate description of the Item before You re-list the Item on AbeBooks.

Performance Standards

The following Performance Standards will be used to measure the performance of Booksellers to ensure that they are meeting the expectations outlined in the Code of Conduct. AbeBooks will contact those Booksellers who are unable to meet the requirements below and offer assistance to the Bookseller in complying with the Agreement. AbeBooks reserves the right to terminate the business relationship if the performance standards are not met.

1. Returns

AbeBooks will be monitoring Your return rate which will be calculated based on the number of Items returned divided by the number shipped. You will be required to have a returns rate of two percent (2%) or less on AbeBooks.

The calculation for the returns rate will not include those Items where the Customer changed their mind.

2. Fulfillment of Orders

You will be required to maintain an average number of orders filled ("Completion Rate"). The Completion Rate will be calculated as the number of books shipped and not returned divided by the total number of books ordered. You will be required to have an average Completion Rate of eightyfive percent (85%) or better. Your Completion Rate will be displayed with your Items listed for sale.

Questions and Answers

Q: Do I have to sign the agreement?

A: In order to list your inventory on any of the AbeBooks Web Sites, you must sign the agreement by clicking the [YES! I Agree With The Above].

Q: Will you change the agreement?

A: AbeBooks may change the agreement from time to time. Booksellers will be given at least 14 days written notice of any changes either through email or by messaging on the site.

Q: What do you mean when you state, "the agreement is for an indefinite term"?

A: It means that the agreement will be in effect until either the participating bookseller or AbeBooks decides to terminate the agreement. Therefore, by signing the agreement booksellers are not obligated to remain booksellers with AbeBooks for a fixed duration.

Q: What are the AbeBooks Web Sites?

A: The AbeBooks Web Sites consist of: www.AbeBooks.com, www.AbeBooks.de (Germany), www.AbeBooks.fr (France), www.AbeBooks.co.uk (United Kingdom), www.AbeBooks.it (Italy), and www.IberLibro.com (Spain).

Q: What if I don't want my books to be on an AbeBooks Web site?

A: By signing the AbeBooks agreement, you agree to list your books on all of our Web Sites. We do not provide the option to opt-out of any specific AbeBooks Web site.

Q: What do you mean that you can add, delete or change the Web Sites?

A: AbeBooks plans on increasing the number of AbeBooks Web Sites in the future in order to capture new markets, geographies and languages. AbeBooks needs the flexibility to add, remove and change Web Sites as necessary.

Q: How does AbeBooks work? Where do I find out about listing my books, customer contacts, order processing, my payments, shipping, fess and taxes, and returns?

A: The AbeBooks Program Guide is a comprehensive overview of how AbeBooks works and bookseller expectations. This Guide consists of three parts:

  1. 1. How AbeBooks Works - an explanation of how AbeBooks Web Sites and programs work;
  2. 2. Code of Conduct - outlines the expected standards of Bookseller participation with AbeBooks; and
  3. 3. Performance Standards - the areas where participation will be measured.

Q: Does AbeBooks ever take title to the book?

A: No. Title of the book remains with the bookseller until the item is shipped at which point the title transfers to the book buyer.

Fee Schedule - GBP

All currency in this Fee Schedule is in Pounds Sterling, and all fees are net excluding VAT. The purpose of this Fee Schedule is to explain the following items:

  1. 1. Monthly Subscription Rates
  2. 2. Commissions and Payment Service Fees
  3. 3. Minimum/Maximum Prices
  4. 4. Invoices and Statements of Account
  5. 5. Payments from AbeBooks

1. Monthly Subscription Rates

An invoice statement showing AbeBooks' monthly subscription fee will be sent to You by e-mail at the beginning of each month. Your first statement will include prorated subscription fees for the first month's membership as well as the subscription fees for the current month. Invoices are payable upon receipt.

The AbeBooks monthly subscription fee entitles You to list Your Items on all AbeBooks Web Sites. Subscription rates are calculated based on the average number of Items You listed during the previous month. The minimum monthly fee of £ 17.00 applies even if you do not have any books online.

The following rate schedule outlines the monthly subscription fees You will pay:

Number of Books Rate per Month
0 - 500 £ 17.00
501 - 4,000 £ 25.00
4,001 - 10,000 £ 28.00
10,001 - 20,000 £ 35.00
20,001 - 30,000 £ 53.00
30,001 - 50,000 £ 83.00
50,001 - 100,000 £ 120.00
100,001 - 150,000 £ 175.00
150,001 - 500,000 £ 250.00
500,001+ £ 350.00

2. Commissions and Payment Service Fees

Commission:

All items sold through Our Web Sites are subject to a 8% commission fee, based on the Total Item Amount (item price, shipping and any extra charges). This commission is set at a minimum of £ 0.30 per Total Item Amount (item price, shipping and any extra charges) and a maximum of £ 22 per Total Item Amount. Therefore Items that are listed by You at a Total Item Amount of £ 3.75 or less will be charged a £ 0.30 flat fee commission and Items that are listed by You at a Total Item Amount of £ 275 or greater will be charged a £ 22 flat fee commission.

The commission amount payable for all orders accepted through Our Web Sites will appear on the monthly invoice statement.

AbeBooks Payment Service Fees:

Where AbeBooks accepts customer credit card payments on Your behalf, there will be a payment service fee charged on the total order value, calculated on the sales price plus shipping and other charges. The payment service fee will be (a) for orders through the AbeBooks.co.uk or AbeBooks.com websites, 5.5% and (b) for orders through the AbeBooks.de, AbeBooks.fr, AbeBooks it or IberLibro.com websites, 3.5%.

For all sales through the AbeBooks.co.uk or AbeBooks.com website, commission of 5.5% is charged to an order maximum of £ 275. Orders that exceed £ 275 in value are charged at 5.5% for the first £ 275 and 3.5% for the remainder of the order (£ 275.01 and up).

We charge a minimum payment service fee on orders where we accept the payments. The minimum payment service fees are based on the currency and are applied to each order, as follows:

  • Purchase through AbeBooks.com (US$ Purchase): £ 0.30 per order
  • Purchase through AbeBooks.de, AbeBooks.fr, AbeBooks.it or IberLibro.com (€ Purchase): £ 0.60 per order
  • Purchase through AbeBooks.co.uk (£ Purchase): £ 0.60 per order

3. Minimum/Maximum Item Prices

The minimum and maximum prices for Items listed on AbeBooks' Web Sites are as follows:

  • Minimum price: equivalent to US$1.00
  • Maximum price: Unlimited

Items sent to AbeBooks that are priced lower than US$1.00 will be increased by AbeBooks to meet this minimum price before being displayed on all the AbeBooks web sites.

4. Invoices and Statements of Account

Every month, AbeBooks will invoice You for the monthly subscription rate and for the AbeBooks Commissions, and if applicable, AbeBooks Payment Service fees, plus applicable taxes, plus, if applicable, details of offset amounts. You will receive the invoice in Pounds Sterling.

Your first invoice statement will include prorated subscription fees for the first month's membership as well as the subscription fees for the current month.

You may pay the invoices by credit card, bank transfer or by check. Payments by credit card will be credited to Your account more promptly than bank transfers or checks.

You will be able to view Your Statement of Account online.

5. Payments from AbeBooks

We will pay You for Items where We accepted payment from the Customer on Your behalf, using AbeBooks Payment Service, on the AbeBooks Web Sites. The payment will include Your full list price plus any applicable shipping credits or extra charges requested by You from the Customer. We may set-off, against payments to You for Items and shipping credits, any amounts You owe to Us. Payments will be made primarily by electronic funds transfer (EFT), with checks or alternative methods of payment where EFT is not available to AbeBooks.

We shall remit payments to You by EFT on a weekly basis (where available). For all other payment methods, We shall remit payments to You on a monthly basis.

We reserve the right to set-off against monies owing to Us any monies We owe to You.

Payments to You by AbeBooks may be converted from Your listing currency to the payment currency at a rate that covers currency conversion costs and short term rate fluctuation.

Fee Schedule - Euros

All currency in this Fee Schedule is in Euro, and all fees are net excluding VAT. The purpose of this Fee Schedule is to explain the following items:

  1. 1. Monthly Subscription Rates
  2. 2. Commissions and Payment Service Fees
  3. 3. Minimum/Maximum Prices
  4. 4. Invoices and Statements of Account
  5. 5. Payments from AbeBooks

1. Monthly Subscription Rates

An invoice statement showing AbeBooks' monthly subscription fee will be sent to You by e-mail at the beginning of each month. Your first statement will include prorated subscription fees for the first month's membership as well as the subscription fees for the current month. Invoices are payable upon receipt.

The AbeBooks monthly subscription fee entitles You to list Your Items on all AbeBooks Web Sites. Subscription rates are calculated based on the average number of Items You listed during the previous month. The minimum monthly fee of € 15.00 applies even if you do not have any books online.

The following rate schedule outlines the monthly subscription fees You will pay:

Number of Books Rate per Month
0 - 250 € 15,00
251 - 500 € 25,00
501 - 4,000 € 37,00
4,001 - 10,000 € 42,00
10,001 - 20,000 € 53,00
20,001 - 30,000 € 80,00
30,001 - 50,000 € 125,00
50,001 - 100,000 € 200,00
100,001 - 150,000 € 275,00
150,001 - 500,000 € 350,00
500,001+ € 450,00

2. Commissions and Payment Service Fees

Commission:

All Items sold through Our Web Sites are subject to a 8% commission fee, based on the Total Item Amount (item price, shipping and any extra charges). This commission is set at a minimum of € 0.40 per Total Item Amount (item price, shipping and any extra charges) and a maximum of € 32 per Total Item Amount. Therefore Items that are listed by You at a Total Item Amount of € 5 or less will be charged a € 0.40 flat fee commission and Items that are listed by You at a Total Item Amount of € 400 or greater will be charged a € 32 flat fee commission.

For all confirmed orders through Our Web Sites, the commission amount of the Items sold will appear on the monthly invoice statement.

AbeBooks Payment Service Fees:

Where AbeBooks accepts customer credit cards on Your behalf, there will be a payment service fee charged on the total order value, calculated on the sales price plus shipping and other charges. The payment service fee will be (a) for orders through the AbeBooks.com or AbeBooks.co.uk websites, 5.5% and (b) for orders through the AbeBooks.de, AbeBooks.fr, AbeBooks.it or IberLibro.com websites, 3.5%.

For all sales through the AbeBooks.co.uk or AbeBooks.com website, commission of 5.5% is charged to an order maximum of € 400. Orders that exceed € 400 in value are charged at 5.5% for the first € 400 and 3.5% for the remainder of the order (€ 400.01 and up).

We charge a minimum payment service fee on orders where we accept the payments. The minimum payment service fees are based on the buyer's currency and are applied to each order, as follows:

  • Purchase through AbeBooks.com (US$ Purchase): € 0.40 per order
  • Purchase through AbeBooks.de, AbeBooks.fr, AbeBooks.it or IberLibro.com (€ Purchase): € 0.80 per order
  • Purchase through AbeBooks.co.uk (£ Purchase): € 0.80 per order

3. Minimum/Maximum Item Prices

The minimum and maximum prices for Items listed on AbeBooks' Web Sites are as follows:

  • Minimum price: equivalent to US$1.00
  • Maximum price: Unlimited

Items sent to AbeBooks that are priced lower than US$1.00 will be increased by AbeBooks to meet this minimum price before being displayed on all the AbeBooks web sites.

4. Invoices and Statements of Account

Every month, AbeBooks will invoice You for the monthly subscription rate and for the AbeBooks Commissions, and if applicable, AbeBooks Payment Service fees, plus applicable taxes, plus, if applicable, details of offset amounts. You will receive the invoice in Euro.

Your first invoice statement will include prorated subscription fees for the first month's membership as well as the subscription fees for the current month.

You may pay the invoices by credit card, bank transfer or by check. Payments by credit card will be credited to Your account more promptly than bank transfers or checks.

You will be able to view Your Statement of Account online.

5. Payments from AbeBooks

We will pay You for Items where We accepted payment from the Customer on Your behalf, using AbeBooks Payment Service, on the AbeBooks Web Sites. The payment will include Your full list price plus any applicable shipping credits or extra charges requested by You from the Customer. We may set-off, against payments to You for Items and shipping credits, any amounts You owe to Us. Payments will be made primarily by electronic funds transfer (EFT), with checks or alternative methods of payment where EFT is not available to AbeBooks.

We shall remit payments to You by EFT on a weekly basis (where available). For all other payment methods, We shall remit payments to You on a monthly basis.

We reserve the right to set-off against monies owing to Us any monies We owe to You.

Payments to You by AbeBooks may be converted from Your listing currency to the payment currency at a rate that covers currency conversion costs and short term rate fluctuation.