Terms
and Conditions
Welcome to the Terms and Conditions for AcademicBookTrade.co.uk.
The services provided at http://www.academicbooktrade.co.uk are
provided by AcademicBookTrade.co.uk, located at 82 Prebend St,
London N1 8PR.
The terms and conditions set out below apply
to your use of our services at AcademicBookTrade.co.uk. If you
do not agree to be bound by these Terms and Conditions, you may
not use our services. You must read, agree with and accept all
these Terms and Conditions, and in our Privacy
Policy, and on our Charges and Payment page, which form part
of these Terms and Conditions, before using any of our services.
If you are registered as a Bookshop customer, the payment information
listed on our Bookshops Login and Information page also forms
part of these Terms and Conditions, and you must also read, agree
with, and accept it before using our services.
1) Our Rights
a) Our services are not available to anybody under the age of
18 years, or to any registered user whose registration is temporarily
or permanently suspended, or to anybody who is not resident
in the United Kingdom. If any of this applies to you, you may
not use our services. If you are registering as or on behalf
of a business or other organisation, you accept responsibility
for that registration, and must have the authority to bind
that business or organisation to these Terms and Conditions.
2) Our Services
a) AcademicBookTrade.co.uk is a listings site only: we do not
participate in, or accept liability for, any transaction or
exchange of money or goods carried out as a result of listings
appearing on our website, or any consequence resulting from
any listings or transactions. We do not accept liability for
any damage to individuals, organisations or property as a result
of listings appearing on our website.
b) We do not guarantee continuous, uninterrupted
or secure access to our services, and by using our website, you
accept that we do not. We do not accept liability for any loss
or damage to persons or property caused by the interruption of
any part or all of our services.
c) You may not list or otherwise promote the
sale or trade of any illegal items or publications on AcademicBookTrade.co.uk.
You accept responsibility for ensuring that the listings you
make, and the information you provide is all legal, accurate
and does not infringe any laws or copyright agreements.
d) AcademicBookTrade.co.uk does not and cannot
check or confirm the claimed identify of users or the accuracy
or honesty of the information provided by users on our website.
We suggest that you communicate with the user before sending
or exchanging money or goods.
e) Our feedback entries are designed only
to facilitate trading between users, and are not for any other
purpose. You may only leave one piece of feedback per transaction,
and all your comments must be truthful and accurate. We reserve
the right to suspend or cancel your registration on AcademicBookTrade.co.uk
if you receive 50% or over negative feedback. You accept that
user feedback constitutes the opinions of other users only, and
does not represent the opinion of AcademicBookTrade.co.uk, and
that it does not constitute any sort of guarantee about the present
or future conduct of other users.
f) Release: In the event that you have any
right, claim or action against any other user arising from that
user's use of our website, you agree to pursue such right, claim
or action independently of and without recourse to us, and you
release AcademicBookTrade.co.uk (and our affiliates, officers,
directors and agents) from all claims, liability, damages, losses,
costs and expenses, including legal fees, known and unknown,
arising from or in any way connected with such right, claim or
action.
g) Information provided by other users: we
do not control the information posted by other users on our site,
or that they make available to you as a result of using our website.
We cannot guarantee its accuracy, content, character or tone.
Please use common sense and caution when trading on our website.
You accept that there are risks in dealing with people not known
to you personally, foreign nationals, underage persons or people
acting under false pretence. You accept responsibility for taking
precautions that you may deem necessary to ensure successful
and honest trading, such as but not limited to, use of escrow
services, trackable postage or courier services. You accept responsibility
for ensuring that the information you provide on our website,
and during any transactions or contact with other users that
may arise from use on our website are truthful and honest.
h) Information about other services
We may provide details on, or links through to information provided
by other services, such as postage or courier rates and information.
We do not control the accuracy or current validity of that
information at any point. You accept that this information
may change without notice, and may not be accurate, and you
take full responsibility for using and verifying this information,
and for the decision to use any of the services mentioned.
3) Listing and Selling
a) Please ensure you also read the Buying
section of these Terms and Conditions, even if you do not anticipate
that you will be buying books from our website.
b) You accept that listing articles for sale
on our website does not guarantee a sale at any time.
c) Description: you must ensure that you are
legally entitled and able to sell the articles that you list
for sale on our website, and that it is lawful to sell the item
to UK residents. All items must carry accurate descriptions.
You must not list for sale any items you are not expressly entitled
to sell at the time of the listing, and have in your possession.
You may not list photocopies or illegally obtained or otherwise
pirated copies of articles for sale on our website.
d) Completing transactions: you agree to ensure
that the email account through which you receive notifications
from us that an article you have listed has sold remains active.
You agree to ensure that you communicate with the buyer of that
article within 72 hours of receiving the notification of sale
email. You agree to communicate promptly and appropriately with
buyers at all stages of the transaction. After the transaction
you may leave feedback on the buyer, and they are entitled to
leave feedback on you as a seller.
e) Prices: you choose and accept responsibility
for the price of the article included in your listing. You agree
to sell that specific item to a prospective buyer who clicks
on the Buy from Seller button for no more than the advertised
price. You may not require the seller to pay you a higher price
for that listing than you have advertised. Your listing must
include all postage and packing charges that you require the
buyer to pay, and you may not increase these charges. You accept
responsibility for keeping these charges up to date. You accept
that you remain obliged to sell the article to the buyer for
no more than the stated price and charges listed on the website.
f) Listing cancellation: you may cancel or
delete a listing at any time through your My Account or Bookshop
Account page. If you sell any article listed by any other means
other than
through
our website, or for any reason become unable to sell any particular
article, you must remove it from your listings immediately. Any
listings fees you have paid to AcademicBookTrade.co.uk will not
be refunded to you in the event of you cancelling or removing
a listing, for whatever reason.
g) Right to sell: AcademicBookTrade.co.uk
is not responsible for checking that sellers have the right to
sell the books they list. If we are informed that any books listed
for sale infringe copyright or any other law, we reserve the
right to suspend or cancel listings and sellers at our discretion.
Any person who believes that an article listed for sale infringes
their intellectual property rights in any way should Contact
Us at with a full explanation and evidence of this infringement.
h) Condition of goods for sale: you agree
to accept responsibility for the condition of books that you
list for sale, and to ensure that they are appropriately and
adequately packaged in order to arrive with the seller in the
condition stated in your listing.
4) Buying
a) Please ensure you also read the Selling
section of these Terms and Conditions, even if you do not anticipate
that you will be selling books from our website.
b) When you click on the ‘Buy from Seller'
button you enter into a contract to buy that article from that
seller at the price, and with the charges stated on the listing
at that time. You must be legally able to buy the article you
select in this way. You may only withdraw from the sale in exceptional
circumstances, such as when a clear typographical error is made,
a key error in description is made (such as but not limited to
the edition number of the book, or publication date), or you
cannot authenticate the seller's identity.
c) Completing transactions: you agree to ensure
that the email account through which you receive notifications
from AcademicBookTrade.co.uk about the seller from whom you are
buying remains active. You agree to ensure that you communicate
with the seller within 72 hours of receiving the notification
of seller details email. You agree to communicate promptly and
appropriately with sellers at all stages of the transaction.
After the transaction you may leave feedback on the seller, and
they are entitled to leave feedback on you as a buyer.
5) Fees and charges
Registering with AcademicBookTrade.co.uk, browsing items for
sale and adding books to your Wishlist is free. Listing books
for sale is currently free to individuals.
Charges for Bookshops are shown on the Bookshop Login page.
Our listing
fees, discounts, special and other offers, and payment details
and rules are detailed on our Fees and Charges page, and may
change without notice. Unless otherwise stated, all fees are
payable in GB pounds sterling. Whether you are a business or
not, value added tax and other taxes may apply to your transaction.
Sellers will be responsible for paying all fees associated
with using our service and our website and all applicable taxes.
6) Your activities on our website
‘Your activities' includes any and every posting you make on
AcademicBookTrade.co.uk, whether directly related to a listing,
or not. It also includes all information you may provide to
us, or to any third party, including other users or the site,
that is in any way related to any transaction or activity in
which you engage on our website. It also includes any activity
you may engage in in any way related to your use of our website.
Your activities on our website must not:
a) Be false, inaccurate, misleading, dishonest or fraudulent,
or involve the listing, mention or intention to sell any items
that you do not have the right to sell, or that are counterfeit,
illegally copied, or stolen.
b) Be offensive, menacing, abusive, defamatory, or in breach
of copyright, confidence, privacy or any other rights
c) Infringe any third party's copyright, patent, trademark or
any other legal rights
d) Be in breach of any applicable laws
e) Be obscene or indecent, or contravene any laws relating to
obscene publications, or any other applicable laws relating in
any way to publications or other articles listed on the website.
f) Create liability for us or cause us to lose (in whole or part)
the services of our ISP or any other suppliers.
g) Link directly or indirectly to, or otherwise promote, mention,
include or imply, descriptions of goods or services that are
prohibited under these Terms and Conditions, or that you do not
have a right to link to or include.
h) Contain or include in any way any computer-borne, -driven
or –related elements of any sort designed to disrupt the normal
operations of any computer or website, or designed to remove,
copy, or otherwise gain unauthorised access to the information
contained on our website or on the computers of any other AcademicBookTrade.co.uk
user.
i) Cause any disruption of any sort to the normal functioning
of our website, or any risk of disruption at any point in the
future.
In addition, you may not list any item or
include any information on our website, that, by paying to us
any listing fee could cause us to violate any applicable law.
You allow AcademicBookTrade.co.uk the perpetual,
non-exclusive right to use or quote from any of the information
or postings you provide us with through the use of our services,
either elsewhere on our website or outside our website for any
reasonable purpose including but not limited to, publicity and
promotion, or defence in a court of law, other than as restricted
under our Privacy Policy in any media known or currently unknown.
7) Your Access to our Website
By using our website, you accept that you have access to it solely
for the purpose of viewing the contents (if you do not register),
or for the activities you are enabled to carry out when you
have become a registered user. You may not carry out any activity
either on or off our website which is designed to copy, reproduce
corrupt or alter any part of it, or cause it to be copied,
reproduced, corrupted or altered by any third party or mechanism
which you or a third party might use, without the express written
permission of AcademicBookTrade.co.uk. This includes but is
not limited to, the use of robot or other technology, software
or device, screen scraping or manual copying.
8) Your Registration
We may suspend your Registration at any time, either temporarily
or permanently, without notice to you, if:
a) You contravene these Terms
and Conditions or our Privacy
Policy in any way
b) We are unable to verify any of the information you have given
us about yourself
c) We believe your actions either on or relating to our website
may cause legal liability for you, our users, or us.
9) Limitation of Liability
Nothing in this agreement shall limit or exclude our liability
for fraudulent misrepresentation or for death or personal injury
resulting from our negligence or the negligence of our servants,
agents or employees. Subject to this, we will not be liable
for any economic losses of any kind, with any limitation, or
at any time, arising from or in connection with these Terms
and Conditions. Some jurisdictions do not allow the exclusion
of incidental or consequential damages, so the above exclusion
may not apply to you.
Our liability to you or any third party in
any circumstance is limited to the greater of a) the total fees
you pay to us in the 12 months prior to the listing giving rise
to liability or b) £100.
In addition, we have no liability of any sort
(including liability for negligence) for the acts or omissions
of other providers of telecommunications or power services or
for faults in or failures of their networks and equipment.
10) Indemnity
You agree to indemnify and hold us and (as applicable) our subsidiaries,
affiliates, officers, directors, agents and employees, harmless
from any claim or demand, including reasonable legal fees,
made by any third party due to or arising out of your breach
of these Terms and Conditions or your violation of any law
or the rights of a third party.
11) Notices
Unless otherwise explicitly stated, notices to AcademicBookTrade.co.uk
must be sent by registered mail to AcademicBookTrade.co.uk,
82 Prebend St, London N1 8PR. Notices to you will be sent to
the email address you provide us with during the registration
process (receipt is deemed 24 hours after an email is sent,
unless notice is received that the email address is invalid),
or by registered mail.
12) Governing Law and Legal Compliance
These Terms and Conditions shall be governed by and construed
in accordance with English Law and subject to the non-exclusive
jurisdiction
of the English courts.
13) Disputes
Disputes between you and AcademicBookTrade.co.uk regarding our
services may be reported to Customer Services. We encourage
you to report all disputes between yourself and other users
to your local law enforcement and/or trading standards authorities.
14) Third Party Rights
A person who is not a party to these Terms and Conditions has
no right under the Contracts (Rights of third Parties) Act
1999
to enforce
any term of these Terms and Conditions but this does not affect
any right or remedy of a third party which exists or is available
apart
from that Act.
15) General
If any provision of these Terms and Conditions is held to be
invalid or unenforceable, this provision shall be struck out
and the remaining provision shall be enforced. You agree that
these Terms and Conditions and all other information on this
website that is stated as part of these Terms and Conditions,
may be automatically assigned by AcademicBookTrade.co.uk, in
our sole discretion, to a third party in the event of a merger
or acquisition. You and AcademicBookTrade.co.uk are totally
independent from each other: no agency, partnership, joint
venture, employee-employer or franchisor-franchisee relationship
is intended, implied or created by these Terms and Conditions,
or your agreement to them. Headings are for reference only
and in no way define, limit, construe or describe the scope
or extent of such sections. Our failure to act with respect
to any breach by you or others does not waive our right to
act with respect to subsequent or similar breaches. These Terms
and Conditions set forth the entire understanding
and agreement between us with respect to its subject matter.
These Terms and Conditions will prevail over
any conditions of sale imposed by a seller and our Privacy Policy and Charges and Payment pages are deemed to be part of this Agreement.
Last Updated 23 August 2005
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