Quick Search
ChooseBooks.com Legal Notices
1. Scope of Application2. Description of performance
3. User’s obligations
4. Blocking of the User
5. Liability
6. Provisions for purchase contracts concluded via CB/ZVAB
7. Supplementary provisions for payment by credit card
8. Data protection
9. Concluding provisions
1.
1.1.
1.2.
1.3.
2.
2.1.
2.2.
2.3.
2.4.
2.5.
2.6.
2.7.
3.
3.1.
3.2.
3.3.
3.4.
3.5.
4.
5.
5.1.
5.2.
5.3.
6.
7.
7.1.
7.1.1.
7.1.2.
7.1.3.
7.1.4.
7.1.5.
7.2.
7.2.1.
7.2.2.
7.2.3.
7.2.4.
7.2.5.
7.2.6.
7.2.7.
7.3.
7.3.1.
7.3.2.
7.3.3.
7.3.4.
7.4.
7.4.1.
7.4.2.
7.4.3.
7.4.4.
7.4.5.
7.5.
7.5.1.
7.5.2.
7.5.3.
7.5.4.
7.5.5.
7.5.6.
7.5.7.
7.6.
7.6.1.
7.6.2.
7.6.3.
7.7.
7.7.1.
7.7.2.
7.7.3.
7.7.4.
7.7.5.
7.8.
7.8.1.
7.8.2
8.
8.1.
8.2.
8.3.
8.4.
9.
9.1.
9.2.
9.3.
9.4.
9.5.
9.6.
9.7.
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 ChooseBooks.com “CB” and/or “CB/ZVAB” offered by Mediantis AG (hereinafter Mediantis). CB/ZVAB in particular comprises the use of the online platform available under the following internet addresses: choosebooks.com (hereinafter CB), CB/ZVAB.com, and CB/ZVAB.de (hereinafter CB/ZVAB). Mediantis reserves the right to subject additional online platforms to these Standard Terms of Use.
1.2.
The terms for the use of CB/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 the CB/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 CB/ZVAB as against Mediantis, these are hereby expressly rejected.
2.
Description of performance
2.1.
Mediantis 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.
2.2.
Mediantis' performances within the framework of the CB/ZVAB shall be restricted to establishing contact between Users and Second-Hand Book Dealers. Mediantis 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. Mediantis' 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 Mediantis Corp., USA. 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 the CB/ZVAB shall be free of charge for the User.
2.5.
The conditions for the acquisition of the products offered within the framework of the CB/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.
Mediantis operates the CB/ZVAB according to the current state of the art. Temporary restrictions on the availability of the CB/ZVAB resulting from technical defects, maintenance work or force majeure are unavoidable and shall not constitute an infringement of Mediantis' obligation to perform.
2.7.
Mediantis shall at its own discretion advertise the CB/ZVAB to an appropriate extent, maintain it technically and update it. Mediantis shall make every effort to maintain the CB/ZVAB at the current state of the art in the future. Mediantis therefore reserves the right to amend or revise the appearance and the performance features offered in the CB/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 the CB/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 the CB/ZVAB for purposes other than those described in Sec. 3.1.
3.3.
The User shall be obliged to refrain from circumventing the CB/ZVAB by placing orders directly from the Second-Hand Book Dealer making the offer, for products of which he acquires notice via the CB/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 Mediantis immediately.
3.4.
Correspondence between the User and Mediantis shall be by e-mail exclusively.
3.5.
The User is agreed to Mediantis, 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. Mediantis shall upon request establish contact with the relevant author. Mediantis 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
Mediantis shall be entitled to block the User if there are grounds for such. The blocking can be effected without prior notice if Mediantis 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 Mediantis that there has been an infringement of the law. In the event of such an allegation of an infringement of the law, Mediantis shall transmit the corresponding notification to the User. Mediantis 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, Mediantis shall only be liable to entrepreneurs if and to the extend that its legal representative and vicarious agents are guilty of intent or gross negligence. Mediantis 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, Mediantis' liability shall be limited to the losses that were typically foreseeable at the time of the conclusion of the contract.
5.2.
Mediantis 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 Mediantis is responsible, Mediantis 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, Mediantis 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 Mediantis 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 CB/ZVAB
The provisions for the acquisition of products offered within the framework of the CB/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, Mediantis shall not participate in the conclusion of the contract but only shall act as a mediator between Users and Second-Hand Book Dealers.
7.
Final Provisions
7.1.
Payments by credit card shall generally be handled by the Second-Hand Book Dealers themselves. In specific cases, however, Mediantis Corp. USA (hereinafter Mediantis Corp.) 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 the CB/ZVAB or the CD cannot appear as vendor, and instead the vendor shall be Mediantis Corp. In such event, in derogation of the provisions in Sec. 6, a contract shall be concluded with Mediantis Corp., USA (hereinafter “Mediantis Corp.”). 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 Mediantis Corp., the following provisions shall supplementarily apply to all business relationships between Mediantis Corp. and its customers for contracts concerning the delivery of books that are acquired via the “CB/ZVAB” (hereinafter “CB/ZVAB”) and/or Choosebooks (hereinafter CB) internet platform by credit card payment settled by Mediantis USA. The decisive version shall be the version in force at the time of the conclusion of the contract. Mediantis Corp. shall acquire the products selected by the purchaser from the Second-Hand Book Dealers specified in the CB/ZVAB or CB 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 the CB/ZVAB or the CB to the purchaser at the request of Mediantis Corp.
7.1.2.
Consumers within the meaning of these Standard Terms of Business shall be natural persons with whom Mediantis Corp. 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 Mediantis Corp. 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 Mediantis Corp., 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.
Mediantis Corp. shall submit to the customer, if the latter is to pay the goods offered by credit card and if the payment is handled via Mediantis Corp, the offer to acquire the books selected by him via the CB/ZVAB or the CB at the price specified therein and subject to the terms of delivery stated therein. If within the framework of the CB/ZVAB or the CB, 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 CB/ZVAB or the CB 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. Mediantis Corp. 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.
Mediantis Corp. 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.
Mediantis Corp. 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 Mediantis 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 Mediantis Corp 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.choosebooks.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, Mediantis Corp reserves title to the goods until the purchase price has been paid in full.
7.3.2.
For the rest, with entrepreneurs Mediantis Corp reserves title to the goods until all claims under a current business relationship have been settled in full.
7.3.3.
Mediantis Corp 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 Mediantis Corp. all claims to the amount of the invoice total that it acquires against a third party as a result of the resale. Mediantis Corp. hereby accepts the assignment. According to the assignment, the entrepreneur shall be entitled to collect the claim. Mediantis Corp. 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.
R i g h t o f r e v o c a t i o n a n d r e t u r n
7.4.1.
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 within two weeks after receipt of the goods. The revocation need not contain justification and shall be confirmed to us in text form or by return in the goods. Timely mailing shall be sufficient to comply with this deadline.
7.4.2.
The right of revocation shall not apply to the supply of audio or video recordings or of software if the seal on the data carriers supplied has been opened by the consumer.
7.4.3.
In the event of the exercise of the right of revocation, the consumer shall be obliged to return the goods if the latter have been sent as a package. The costs of the returns shall be borne by the consumer if the revocation right is exercised for an order value of up to EUR 40, unless the goods supplied do not correspond with the goods ordered. In the case of an order value exceeding EUR 40, the consumer shall not bear the costs of the return.
7.4.4.
The consumer shall pay value compensation for a deterioration resulting to the goods as a consequence of use as intended. The consumer shall be entitled to inspect the goods carefully and cautiously. The loss in value resulting from a use going beyond mere inspection that leads to the goods no longer being capable of being sold in their original condition shall be borne by the consumer.
7.4.5.
The goods must without fail be returned to the Second-Hand Book Dealer instructed to ship the book by Mediantis Corp. Returns shall not be sent to Mediantis Corp.
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. Mediantis Corp. shall make every effort to prevent the abusive use of credit cards as far as possible. For this reason, at the request of Mediantis Corp., the customer shall prove his identity in a manner requested by Mediantis Corp. 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) Mediantis Corp. 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, Mediantis Corp 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. Mediantis Corp. 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, Mediantis Corp. 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 Mediantis Corp 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 Mediantis Corp. is guilty of gross negligence, in the case of damage to body and health attributable to Mediantis Corp. and in the event of the loss of the customer’s life. Mediantis Corp.'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, Mediantis Corp. 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, Mediantis Corp.’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 Mediantis Corp. 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.
8.
Data protection
8.1.
Mediantis 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.
Mediantis' performances within the framework of the CB/ZVAB shall be restricted to establishing contact between Users and Second-Hand Book Dealers. Mediantis 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. Mediantis' 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 Mediantis Corp., USA. 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 the CB/ZVAB shall be free of charge for the User.
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 ChooseBooks / ZVAB, 3 Cedar Lane, Ithaca, NY 14850, USA, info@choosebooks.com both for Mediantis and Mediantis Corp.
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.
Amendments to the Standard Terms of Business shall be communicated on the CB/ZVAB web pages and shall apply with effect for the future and for new orders made after enter into effect of the change unless the User objects within 14 days after receipt of the changes.
9.7.
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.