Terms & Conditions
AbeBooks™ Web Site Terms and Conditions
Last Revised April 23, 2013
Welcome to AbeBooks.com. AbeBooks Inc. and/or its affiliates ("AbeBooks") provide website
features to you subject to the following conditions. If you visit, shop or sell on AbeBooks.com
(the "Web Site"), you accept these conditions. Please read them carefully.
Please review our Privacy & Security Notice, which also governs your visit to the Web Site, to understand our practices.
THE ABEBOOKS CUSTOMER AGREEMENT
These Terms and Conditions supplement the AbeBooks Customer Agreement, which applies to registered AbeBooks customers. The AbeBooks Customer Agreement may be viewed by clicking here.
If you use the Web Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 19, you may use AbeBooks.com only with involvement of a parent or guardian. AbeBooks reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
THE WEB SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEB SITE ARE PROVIDED BY ABEBOOKS ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. ABEBOOKS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEB SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED OR OTHERWISE MADE AVAILABLE TO YOU TO YOU THROUGH THE WEB SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEB SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, ABEBOOKS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ABEBOOKS DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR E-MAIL SENT FROM ABEBOOKS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ABEBOOKS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEB SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
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. If these laws apply to you, some or all of the above disclaimer exclusions or limitations may not apply to you, and you might have additional rights. The warranty disclaimer and liability exclusion and limitation clauses survive indefinitely after the termination of this Agreement.
The Web Site is not intended to be a comprehensive or detailed statement concerning the matters addressed; professional or expert advice or recommendations; or an offer or recommendation to sell or buy any book or other item, product or service. You should seek appropriate, qualified professional advice and recommendations before acting or omitting to act based upon any information provided on or though the Web Site.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may post reviews, comments, photos, and other content; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any content. AbeBooks reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, including unsolicited ideas, suggestions, new advertising campaigns, promotions, improved goods, services or technologies, product enhancements, marketing plans, new product names, or otherwise, unless we indicate otherwise, you grant AbeBooks a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media, in each case, without providing compensation to you or any other person. You grant AbeBooks and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify AbeBooks for all claims resulting from content you supply. AbeBooks has the right but not the obligation to monitor and edit or remove any activity or content. AbeBooks takes no responsibility and assumes no liability for any content posted by you or any third party.
When you visit AbeBooks.com or send e-mails to us, you are communicating with us electronically. Communications sent to AbeBooks by means of the Web Site or e-mail are not considered delivered or effective unless and until they are actually received and processed by AbeBooks’ responsible representative. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Web Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
AbeBooks is not obliged to monitor, screen, police or edit the use of the Web Site, including postings of materials to the Web Site, although AbeBooks reserves the right to do so in its discretion. AbeBooks respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement.
OWNERSHIP OF THE WEB SITE
Copyright © AbeBooks Inc. 2006 - 2013. The Web Site and its content (including all text, graphics, logos, videos, audio clips, digital downloads, data complication, forms, images, icons, software, design, applications and other elements available on or through the Web Site) are the property of AbeBooks or its content suppliers, and are protected by Canadian and International copyright laws. The compilation of all content on the Web Site is the exclusive property of AbeBooks and protected by Canadian and International copyright. Your use of the Web Site does not transfer to you any ownership or other rights in the Web Site or its content. All software used on the Web Site is the property of AbeBooks or its software suppliers and protected by Canadian and International copyright laws.
ABE, ABEBOOKS, ABEBOOKS.COM, ADVANCED BOOK EXCHANGE, THE ADVANCED BOOK EXCHANGE (DESIGN), GOJABA, PASSION FOR BOOKS., PASSION FOR BOOKS. BOOKS FOR YOUR PASSION., BOOKSLEUTH, IBERLIBRO, BECAUSE YOU READ, JUSTBOOKS, JUST NEWBOOKS, HOMEBASE and other AbeBooks.com graphics, logos, page headers, button icons, scripts, and service names are registered and unregistered trademarks, service marks, trade dress or trade names of AbeBooks in Canada and/or other countries. AbeBooks’s trademarks, service marks, trade dress and trade names may not be used in connection with any product or service that is not AbeBooks’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits AbeBooks. Other product and company names and logos appearing on the Web Site may be registered or unregistered trade names, trademarks and service marks of their respective owners and may or may not be affiliated with, connected to, or sponsored by, AbeBooks. Nothing appearing on the Web Site or elsewhere shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, service marks, trade dress or trade names displayed on the Web Site.
LICENSE AND SITE ACCESS
AbeBooks grants you a limited license to access and make personal use of the Web Site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of AbeBooks. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. The Web Site or any portion of the Web Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of AbeBooks. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of AbeBooks without express written consent. You may not use any meta tags or any other "hidden text" utilizing AbeBooks’s name or trademarks without the express written consent of AbeBooks. Links to the Web Site without the express written permission of AbeBooks are strictly prohibited. To request permission to link to the Web Site, please contact email@example.com. Any unauthorized use terminates the permission or license granted by AbeBooks. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of AbeBooks.com so long as the link does not portray AbeBooks, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any AbeBooks logo or other proprietary graphic or trademark as part of the link without express written permission.
The Web Site may include advertisements for, and links to, other web sites or resources and businesses operated by other persons, including booksellers ("Other Sites"). Other Sites are independent from AbeBooks, and AbeBooks is not responsible for examining or evaluating, and we do not warrant the offering of, any of these businesses or individuals or the content of the Other Sites. AbeBooks does not assume any responsibility or liability for the actions, product and content of all these and any other third parties links to Other Sites are provided solely for your convenience. AbeBooks does not sponsor or endorse any Other Sites or their content or the goods or services available through those Other Sites. Your use of Other Sites and your dealings with the owners or operators of Other Sites is at your own risk. You should carefully review Other Sites’ privacy statements and other conditions of use.
These Terms and Conditions and all related matters are governed solely by the laws of British Columbia, Canada and applicable federal laws of Canada, excluding any rules of private International law or the conflict of laws which would lead to the application of any other laws. The United Nations Convention on contracts for the International Sale Of Goods does not apply.
For all disputes relating in any way to your visit to the Web Site, these Terms and Conditions, transactions facilitated or conducted through the Web Site, 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 in which the aggregate total claim for relief sought on behalf of one or more parties exceed $7,500 ("Disputes"), will be adjudicated before the Courts of British Columbia sitting in the City of Vancouver, British Columbia, Canada, and you hereby irrevocably submit to the exclusive jurisdiction and venue in those courts. Proceedings regarding Disputes must be commenced in a court of competent jurisdiction in the City of Vancouver, British Columbia, Canada within six (6) months after the Dispute arose, after which time any and all proceedings regarding the Dispute are barred. Any shorter time limit provided by statute law remains unaffected.
Suite 500-655 Tyee Rd.
Victoria, BC, Canada
AbeBooks may, in its discretion, change, supplement, or amend these Terms and Conditions as they relate to your future use of the Web Site at any time. If any provision of these Terms and Conditions is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed to be severed from the rest of these Terms and Conditions and will not affect the validity and enforceability of any remaining provisions.
You have expressly required that these Terms and Conditions be drafted in the English language. Vous avez expressément convenu que les conditions générales d'utilisation soient rédigées en langue anglaise.
Notice and Procedure for Making Claims of Copyright Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide AbeBooks’s copyright agent the written information specified below. Please note that this procedure is exclusively for notifying AbeBooks that your copyrighted material has been infringed.
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the site;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
AbeBooks.com’s Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows:
AbeBooks.com Legal Department
655 Tyee Road, Suite 500
Victoria BC V9A 6X5 Canada
AbeBooks.com Legal Department
655 Tyee Road, Suite 500
Victoria BC V9A 6X5 Canada
AbeBooks' Customer Agreement
Last Revised April 23, 2013
Thank you for choosing AbeBooks for purchasing those much sought after books!
This agreement between you and AbeBooks Inc. ("AbeBooks") explains how you can use our Web sites and buy books listed on our Web sites. Use of AbeBooks Web sites is governed by this agreement. By registering as an AbeBooks customer, you acknowledge and signify that you have read, understood, and agreed to be bound by this agreement.
1. Who is AbeBooks?
AbeBooks operates a number of Web sites, including but not limited to abebooks.com, abebooks.de, abebooks.fr, abebooks.co.uk, abebooks.it and iberlibro.com, (collectively the "Web sites") that allow registered AbeBooks customers ("Customers") to purchase new, used, rare and out-of-print books and other items such as maps, sheet music, manuscripts and ephemera (collectively, "Items") from booksellers around the world ("Booksellers") 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 books 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 This Works
The Web sites are a marketplace for Booksellers and Customers. Customers buy Items from Booksellers, not from AbeBooks. Customers authorize AbeBooks to act as their limited representative solely to conclude on their behalf sales contracts directly between them and the Booksellers for sales of Items on the Web sites. AbeBooks only facilitates transactions, and does not enter into any sale or purchase contract in its own name on behalf of Customers or Booksellers. AbeBooks is not the agent of the Booksellers. Only Customers and Booksellers (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 Bookseller by electronic mail (e-mail) for acceptance and fulfillment by the Bookseller.
AbeBooks accepts payments made by Visa or MasterCard, while the bookseller 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 of any unauthorized use of Your password, or if You know or suspect that Your password has become known to any other person. AbeBooks is not under any obligation to verify the actual identity or authority of the user of any password.
4. Buying on Behalf of a Third Party
If a Customer places an order on behalf of another person, this third party’s contact information must be communicated to the Bookseller, along with the Customer’s information. A bookseller is not required to communicate with the person that an order was placed on behalf of.
If you are dissatisfied with your purchase, you are eligible for a refund within 30 days of the estimated delivery date. Refer to the AbeBooks 30-Day Returns Policy for details on how to initiate returns.
If you need to return a book that was purchased on your behalf, the Customer who made the purchase will also have to initiate the return.
6. Misprints and Orders
Although AbeBooks strives to provide reliable and current information on the Web sites, misprints or other errors may occur. AbeBooks 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 Bookseller sends an order acceptance and shipping notice to Your e-mail address.
7. We Respect Your Privacy
8. Warranty Disclaimer and Liability Exclusion and Limitation Clauses
Since AbeBooks is not a party to any transactions through the Web sites, AbeBooks does not give any representation or warranty regarding any transactions or any of the Items. AbeBooks 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 Booksellers 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 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 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 or any person for whom AbeBooks is responsible, exceed the lesser of US$25 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.
9. Legal Claims
For all disputes between AbeBooks and you or any other person arising from, connected with or relating to the Web sites, this Agreement, transactions facilitated or conducted through the Web sites, Items ordered or purchased through the Web sites, 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 must be resolved before the Courts of British Columbia sitting in the City of Vancouver, British Columbia, Canada, and you hereby irrevocably submit and attorn to the original and exclusive jurisdiction of those courts in respect of all Disputes. Proceedings regarding Disputes must be commenced in a court of competent jurisdiction in the City of Vancouver, British Columbia, Canada within six (6) months after the Dispute arose, after which time any and all proceedings regarding the Dispute are barred. Any shorter time limit provided by statute law remains unaffected.
10. How Do You or AbeBooks End This Agreement?
You or AbeBooks may terminate this Agreement at any time with immediate effect and without any prior notice. AbeBooks 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 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.
11. Changes to Web sites, Policies and Procedures, and this Agreement
AbeBooks 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 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 policies or procedures.
You and AbeBooks have expressly requested and required that this Agreement and all other related documents be drawn up in the English language. Les parties conviennent et exigent expressément que ce contrat et tous les documents qui s'y rapportent soient rédigées en anglais.
Thank you for registering with AbeBooks. We look forward to serving you as a valued customer.
Enjoy Your Books!