Bookbarn Customer Agreement
Last Revised 24-Feb-06
Thank you for becoming a Bookbarn customer.
This agreement between you and Bookbarn ("Bookbarn") explains how you can use our Web sites and buy books listed on our Web sites. Use of Bookbarn Web sites is governed by this agreement. By registering as a Bookbarn customer, you acknowledge and signify that you have read, understood, and agreed to be bound by this agreement.
Who is Bookbarn ?
Bookbarn operates a number of Web sites, including Bookbarn.co.uk, (collectively the "Web sites") that allow Bookbarn customers ("Customers") to purchase used, rare and out-of-print books and other items such as maps, sheet music, manuscripts and ephemera (collectively, "Items") offered by Bookbarn or third parties on these sites.
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.
How Bookbarn Works
The Web sites are a showcase for our items and items offered by third parties for sale. Customers buy Items from Bookbarn. Bookbarn facilitates transactions, and enters into sales or purchase contracts in its own name and the name(s) of third parties.
Orders placed through the Web sites are forwarded to Bookbarn by e-mail for acceptance and fulfilment by Bookbarn or the relevant third party. In the case of credit card purchases, Bookbarn will process the credit card. 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 Bookbarn of any unauthorized use of Your password, or if You know or suspect that Your password has become known to any other person. Bookbarn is not under any obligation to verify the actual identity or authority of the user of any password.
Misprints and Orders
Although Bookbarn strives to provide reliable and current information on the Web sites, misprints or other errors may occur. Bookbarn 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 Bookbarn sends an order acceptance and shipping notice to Your email address.
Satisfaction Guarantee & Returns Policy
Bookbarn strives to maintain excellent customer service and customer satisfaction. With that goal in mind, Bookbarn guarantee the condition of every book as it is described on our web site. If you are dissatisfied with your purchase for any reason, please contact Bookbarn directly to resolve your purchase. To be eligible for a full refund of the purchase price, please be sure to return your item directly to Bookbarn within 14 days of receipt and in the same packaging and condition as received by you. Bookbarn will also refund shipping costs if the return was a result of an error on Bookbarn's part. If the return was not as a result of an error on the part of the bookseller, you will be responsible for all shipping costs and 20% of the value of the purchase.
In any case where a refund is necessary, it is the responsibility of Bookbarn to request and process that refund on your behalf through Bookbarn.co.uk. The funds will be deposited back in your credit card account by Bookbarn within one week of receiving the request for refund.
We Respect Your Privacy
Bookbarn is a secure place to shop. Our payment partners employ SSL (Secure Socket Layer) technology to keep your credit card information safe, and use encryption to protect transmitted data. Your credit card number will never be passed through e-mail.
Warranty Disclaimer and Liability Exclusion and Limitation Clauses
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 Bookbarn to the fullest extent permitted by law.
Regardless of the nature of the claim or the reasons for the loss and damages, Bookbarn' liability is limited to foreseeable and typical damages. Bookbarn 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 Bookbarn's 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 Bookbarn or any person for whom Bookbarn is responsible, exceed the lesser of €25.00 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.
For all disputes between Bookbarn and You or any other person arising from, connected with or relating to the Web sites, this policy, transactions facilitated or conducted through the Web sites, Items ordered or purchased through the Websites, dealings between You and Bookbarn , 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 E.U. law.
How Do You or Bookbarn End This Agreement?
You or Bookbarn may terminate this Agreement at any time with immediate effect and without any prior notice. Bookbarn 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 Bookbarn 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.
Changes to Web sites, Policies and Procedures, and this Agreement
Bookbarn 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.
Bookbarn 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 Bookbarn policies or procedures.
You and Bookbarn have expressly requested and required that this Agreement and all other related documents be drawn up in the English language.
Thank you for registering with Bookbarn. We look forward to serving you as a valued customer.