The services available at www.booksetc.co.uk are provided by BOOKSetc, Gresham Industrial Estate, Eastern Road, Aldershot, GU12 4YD. ("BOOKS etc.", "we", "us" or "our" shall be construed accordingly).
BOOKS etc. specialise in the sale of new books, second hand books, e-books and related products.
These Terms and Conditions describe the Terms and Conditions applicable to your use of our services available www.booksetc.co.uk (the "Site"). If you do not agree to be bound by these Terms and Conditions, you may not use or access our services.
You must read, agree with and accept all of the Terms and Conditions expressly set out below and those incorporated by reference, before you may become a user of the Site.
We may amend these Terms and Conditions at any time by giving you notice ("Notice") by either e-mail or by posting the amended Terms and Conditions on the Site.
Any amended Terms and Conditions will govern new user registrations from the date that it is posted on the Site. Existing users will be bound by the amended Terms and conditions on the date of a Notice. No other amendment to these terms and conditions will be effective.
Nothing in these Terms and Conditions shall limit or exclude our liability for death or personal injury resulting from our negligence or the negligence of our, agents or employees. Subject to the foregoing, we will not be liable for any economic losses (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings), any loss of goodwill or reputation, or any special, indirect or consequential damages (however arising, including negligence) arising out of or in connection with this Terms and Conditions.
We shall have no liability of any sort (including liability for negligence) for the acts or omissions of other providers of telecommunications services or for faults in or failures of their networks and equipment including the failure to forward or remit text messages.
You agree to indemnify and hold us harmless from any claim or demand, made by any third party due to or arising out of your breach of this Terms and Conditions (including the documents incorporated by reference), or your violation of any law or the rights of a third party.
Unless otherwise explicitly stated, notices to BOOKS etc. must be sent by registered mail to BOOKS etc. and notices to you will be sent to the email address that you provide to BOOKS etc. during the registration process (receipt is deemed 24 hours after an email is sent, unless we receive notice that the email address is invalid), or by registered mail.
These Terms and Conditions shall be governed by and construed in accordance with English law and subject to the exclusive jurisdiction of the English courts.
A person who is not a party to this Terms and Conditions has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Terms and conditions but this does not affect any right or remedy of a third party specified in this Terms and Conditions or which exists or is available apart from that Act.
If any provision of these Terms and Conditions is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall be enforceable.
You agree that these Terms and Conditions may be automatically assigned by BOOKS etc., in our sole discretion, to a third party in the event of a merger or acquisition or any other event.
You and BOOKS etc. are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by these Terms and Conditions.
Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
These Terms and Conditions sets forth the entire understanding and agreement between us with respect to its subject matter.
No oral explanation or oral information given by any party shall alter the interpretation of these Terms and Conditions.
You are required to register if you wish to transact through BOOKS etc. Registration involves you giving us some details, some of which are mandatory. Once you have completed registration, you have the opportunity to opt out of promotions and special offers from Books etc and third parties by accessing the "settings" link once you have logged in.
Our services are not available to, and may not be used by, persons under the age of 18 years or to temporarily or indefinitely suspended Books etc members.
You must choose an email address and password on completion of registration. You are responsible for all actions taken under that User ID and password and shall only use or utilise the Site using your own User ID and password. You must use every effort to keep your password safe and should not disclose it to any other person. You shall not transfer or sell your User ID to any other person. You shall also not permit, either directly or indirectly, any other person to utilise your User ID or password.
User verification on the internet is difficult. Although a number of checks are made to check identity, Books etc cannot and does not confirm the purported identity of users or the validity of the information which users post to the Site. All users are asked to provide a valid email address and mobile number. Buyers are encouraged to liaise with sellers using the site's contact form to seek to ensure the seller's veracity.
Buyers and sellers email addresses are kept confidential by us. Our contact form does not require either buyer or seller to reveal an email address, mobile or other telephone numbers or other personal details.
We will do our utmost to ensure that the availability of our website will be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed. Also, to allow for repairs, maintenance, or the introduction of new facilities or services, your access to the website may be occasionally suspended. We will attempt to limit the frequency and duration of any such suspensions
We do not guarantee continuous, uninterrupted or secure access to our services, and operation of the Site may be interfered with by numerous factors outside of our control. Our web site and our services are provided "as is" and as and when available, and to the extent permissible by law we exclude all implied warranties, conditions or other terms, whether implied by statute or otherwise, including without limitation any terms as to skill and care or timeliness of performance.
If your account has been inactive, within a 90 day period, it will be automatically set to Vacation Mode. This is to determine that all Marketplace Sellers remain genuine sellers. It is designed to ensure that all books advertised for sale on the BOOKS etc. web site are available and that orders will be fulfilled, in accordance with our Terms & Conditions.
In order to start selling again, all you need to do is access your account and check that your listed books are current and reflect the books you have available for sale. You can then take your account out of Vacation Mode and start selling again.
During this process your account will not be deactivated. If you however no longer wish to sell on BOOKS etc., you can either leave your account in Vacation Mode or cancel your account all together.
www.booksetc.co.uk grants you a limited licence to access and make personal use of this website, but not to download or modify it, or any portion of it, except with express written consent of www.booksetc.co.uk.
This licence does not include any resale or commercial use of this website or its contents, for the benefit of another organisation.
This website or any portion of this website may not be exploited for any commercial purpose without the written consent of www.booksetc.co.uk
You must not use the website in any way that causes, or is likely to cause, the website or access to it to be interrupted, damaged or impaired in any way.
You understand that you, and not www.booksetc.co.uk, are responsible for all electronic communications and content sent from your computer to us and you must use the website for lawful purposes only.
You must not use the website for any of the following:
Much of the information on the Site is updated on a real time basis and is proprietary or is licensed to Books etc by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for Your Information) from the Site without the prior expressed written permission of Books etc and the appropriate third party, as applicable; (iii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iv) bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site. We do not authorise you to extract or re-utilise substantial parts of our Site, or to make systematic and repeated extractions or re-utilisations of insubstantial parts of our Site.
In order to facilitate interaction among all Books etc community members, our service allows you limited access to other users' contact information. As a seller you have access to the User ID and as a buyer you have access to the User ID, and other contact information of the seller. Neither buyer nor seller will be provided with the other's email address or mobile or other telephone numbers.
By accepting these Terms and Conditions, you agree that, with respect to other users' personally identifiable information that you obtain through the Site or through an Books etc-related communication or Books etc-facilitated transaction, you may only use such information for: (a) Books etc-related communications that are not unsolicited commercial messages and relate to your genuine participation in an Books etc-facilitated transaction, (b) using services offered through Books etc (e.g. escrow, insurance, postal and fraud complaints), and (c) any other purpose that such user expressly agrees to after adequate disclosure of the purpose(s).
In addition, you shall only use such information in accordance with the Data Protection Act. In all cases, you must give users an opportunity to remove themselves from your database and a chance to review what information you have collected about them. In addition, under no circumstances, except as defined in this Section, can you disclose personally identifiable information about another user to any third party without our consent and the consent of such other user after adequate disclosure.
Without limiting our other remedies, we may limit your activity on the Site, immediately issue a warning, suspend or terminate your user registration or any of your book listings and refuse to provide our services to you without notice to you: (a) if you breach these Terms and Conditions or the documents incorporated by reference; (b) if, despite our reasonable endeavors, we are unable to verify or authenticate any information you provide to us; or (c) if we believe that your actions may cause us financial loss or legal liability
"Your Information" is defined as any information you provide to us or other users in relation to the Books etc service including the registration, listing or feedback process (including, without limitation, any description of books listed), your postings on the message boards and any other content that you post within the Site. You are solely responsible for Your Information, and we act only as a conduit for the online distribution and publication of Your Information.
Your Information and your activities on our Site must not:
a. be false, inaccurate or misleading;
b. be offensive or menacing, abusive, defamatory, or in breach of copyright, confidence, privacy or any other rights;
c. infringe any third party's copyright, patent, trade mark, trade secret or other proprietary rights or rights of publicity or privacy;
d. be fraudulent or involve the sale of counterfeit or stolen books;
e. be in breach of any applicable laws or regulations (including, but not limited to, laws governing export control, consumer protection, unfair competition, anti-discrimination, false advertising);
f. be obscene, indecent or contain child pornography;
g. create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers;
h. link directly or indirectly to or include descriptions of goods or services that are prohibited under this Terms and Conditions; or are concurrently listed for sale on a web site other than Books etc (this does not prevent linking to or advertising a Books etc book from another web site);
i. contain any computer viruses, macro viruses, Trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer or to surreptitiously intercept, access without authority or expropriate any system, data or personal information;
j. cause the Site to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Site is in any way impaired.
We do not control the information provided by other users which is made available through the Site. You may find other user's information to be inaccurate, or deceptive. Use caution, common sense, and practice safe trading when using the Site. There are also risks of dealing with underage persons or people acting under false pretences. By using this Site, you agree to accept such risks and agree that Books etc is not responsible for the acts or omissions of users on the Site.
We view protection of users' privacy as a very important community principle. Please note that Your Information will be stored and processed on our computers in the United Kingdom. Subject to the terms of the Data Protection Act.
On the Site Buyers and sellers are encouraged to use the feedback box provided on site (from time to time) in order to rate sellers and buyers with standards of service and delivery.
This Site is restricted to the sale and purchase of books, literature, papers, magazines or anything else in written form (together "books"). Although we specialise in second hand books, new or almost-new books may also be sold on the site. You must not offer, sell, or buy anything else. Copies of books, papers or magazines or anything else in written form may NOT be sold on the Site.
If you are a seller, you must ensure that you have the legal title to sell each book included in a listing on the Site, and that it is lawful to sell such books to United Kingdom residents or (if the buyer is resident overseas) that it is lawful to sell and export such book to a person resident in the buyer's jurisdiction. You must describe your book and all terms of sale. Your listing may only include text descriptions, and a graphic of the cover, relevant to the sale of that book and you are responsible for ensuring that you have the right to use all content in your listings and we have the right to host it on our servers. You agree that we have the right to expunge any information which we consider unfit in our absolute and sole discretion. NO pornographic material of any nature or other material which might place us in contravention of the criminal or other law of the united kingdom may be sold on the site.
We operate a complaints procedure. Any complaint in the first instance should be addressed to the complaint officer at our address above by letter setting out the nature of your complaint. We aim to respond to a complaint in writing within 28 days.
See Sellers Guide.
See Buyers Guide.
For New products bought from BOOKS etc. (this is not for products bought from the Marketplace). If for any reason you are unhappy with a book purchased from BOOKS etc, you can return your purchase to us in its original condition and packaging, using the returns label enclosed in the packaging, within 30 days of the date you received the item and we will issue a full refund for the price you paid for the item. Refunds will only be provided 7 days after we have received the returned book.
If the reason for the return is not because of an error on our part and the item is not defective, postal charges for returning items are to be borne by the buyer. For defective books we will refund the postage charges for returns.
For products bought from the Marketplace, we shall only provide refunds after consideration of the individual circumstances where the buyer has not received the book ordered. We shall provide refunds only after a period of 7 days from the sale cancellation date where the buyer has not received delivery of the book ordered. We are not responsible for the redelivery of the correct books or return of the incorrect books which shall be handled directly between buyer and seller.
If the seller refuses to pay the Post and Packaging, then the buyer keeps the incorrect book, is refunded and the seller will not be paid.
We shall only process refund payments after 7 days of receipt of the book. Receipt of book is confirmed either using Royal Mail Track and Trace or reviewing the buyers account.
We only sell products that are available at the time of purchase. However in rare cases there may be a delay due to unavailability. In these case we will inform you by e-mail if any products you order turn out to be unavailable and provide you with an estimated delivery date.
When you place an order to purchase a book from www.booksetc.co.uk, we will send you an E-mail confirming receipt of your order and containing the details of your order. Your order represents an offer to us to purchase a book which is accepted by us when we send E-mail confirmation to you that we've dispatched that product to you. That acceptance will be complete at the time we send the Dispatch Confirmation E-mail to you. Any products on the same order which we have not confirmed in a Dispatch Confirmation E-mail to have been dispatched do not form part of that contract.
From receipt of the Dispatch Confirmation E-Mail, if your shipment address is in the U,K you should allow 4 to 7 Working Days for your purchase to reach you,. For Addresses outside the UK, you should allow up to 21 Working Days.
For shipment addresses in the UK, we are not able to declare the item lost, until after 14 Working Days. For Address outside the UK we are noy able to declare the item lost until after 28 working days. If your purchase has not arrived after this time, you will need to advise us. We will then give you a choice of either a replacement book or a full refund.
Books etc does not own any of the books listed on the Site other than certain items with the seller's identity marked as "Books etc". In the event that a buyer agrees to buy a seller's book listed on the Site, the seller is legally bound to sell the book to the buyer at the price stated on the terms set out in the seller's offer for sale. Sellers of books may amend the price of a book before a buyer agrees to buy.
A seller may withdraw books from sale without notice provided that a buyer has not ordered and paid for the seller's book. In the event that you have any right, claim or action against any other user arising from the use of the Site, you agree to pursue such right, claim or action independently of and without recourse to us, and you release Books etc (and our, subsidiaries, affiliates, officers, directors, agents and employees) from all claims, liability, damages, losses, costs and expenses, arising from or in any way connected with such right, claim or action. We do not inspect or retain any of the books listed on Site and gives no warranty as to the quality, availability or fitness for purpose of any books listed on the Site. We offer no guarantee or indemnity to the seller that a placement for sale on site will result in a sale to a buyer.
www.booksetc.co.uk is the Trading name of Books etc ltd
GRESHAM INDUSTRIAL ESTATE
You can contact us by visiting www.booksetc.co.uk/info/contact_us