GENERAL TERMS AND CONDITIONS FOR THE USE OF Study-Books

 

  1. General, Scope

1.1 Study-Books (Pablo Alvarez Gomez) acts as a broker for the purchase of used books for study purposes (the "Goods"). The use of the website and services offered by Study-Books is subject to the following General Terms and Conditions ("GTC"); by using Study-Books the user agrees to the validity of these GTC.

1.2 The Terms and Conditions regulate the relationship between the user and Study-Books; you will find the complete provider data of Study-Books in the Legal Note.  Any deviating terms and conditions of the user will not be accepted.

 

  1. services on Offer

2.1 Study-Books brings together potential sellers and buyers of used study books within the framework of the operated website.

2.2 Purchase agreements are concluded exclusively between the users of Study Books.  Study-Books does not warrant or guarantee the fulfilment of these purchase agreements.

2.3 Study-Books provides all services exclusively for private use.  The services may therefore not be used for business purposes of any kind whatsoever.

2.4 The user has no claim that the services will be available at all times without interruption, in a timely manner or without disruption or error.  This applies in particular if access to the services is restricted by circumstances beyond the control of Study-Books. Neither does Study-Books warrant that the hardware and software used for the services will function error-free at all times.

2.5 Study-Books reserves the right to change or discontinue services unilaterally.

 

  1. Access, Registration

3.1 The user themselves must ensure free access to the internet and bear the fees incurred in relation to this.

3.2 Access to Study-Books is only permitted to natural persons of full legal capacity.

3.3 The use of the services requires registration.  Each user may only register once; registration is not transferable.  The user is obliged to provide truthful and complete information in accordance with the requirements of the registration form and to update this data immediately in the event of any changes.  The registration does not entitle the user to any services.

 

  1. Processing and Payment

4.1 Upon conclusion of a purchase agreement via the Study-Books website, the purchasing user has to pay the purchase price plus 10% (Confirmation Deposit) to Study-Books via the payment method provided for on the website.  Study-Books will inform the selling user immediately about the receipt of the payment.  The selling and the buying user will agree on an immediate delivery of the Goods (if necessary also by shipping).  After due receipt of the Goods, the buying user is obliged to inform Study-Books immediately (Confirmation).  Having received the Confirmation, Study-Books will pay 95% of the purchase price to the selling user, keep 5% of the purchase price as commission for itself and refund the Feedback Deposit to the buying user.  Example:

  • - agreed purchase price (=100%): 30,00 EUR
  • - payment buyer to Study-Books 110%: 33,00 EUR
  • - Confirmation of buyer related to the receipt of the Goods
  • - payment Study-Books to seller 95%: 28,50 EUR
  • - commission Study-Books 5%:   1,50 EUR
  • - refund of Confirmation Deposit to buyer 10%:   3,00 EUR

If the buyer, within 14 days after conclusion of the purchase agreement, fails to give any Confirmation about the receipt of the Goods, Study-Books will pay 95% of the purchase price to the selling user and besides the commission also keep the Confirmation Deposit; should the buying user prove that failure to confirm was not based on his fault, Study-Books will refund the Confirmation Deposit to them at its discretion.  If any processing difficulties or disputes arises between the buying and the selling user, Study-Books reserves the right to pay the purchase price to the seller or to refund it to the buyer.

 

  1. Data Protection

5.1 The registration data and all other personal data ("Personal Data") will be processed and used in accordance with the statutory provisions.  Reference is made to the Privacy Statement.

5.2 Disclosure of data to other users will be made to the extent that is required for brokering the purchase agreements.  If the user transfers personal data to other users (e.g. under the chat function), this is done at their own risk. Study-Books cannot control the actual use of this personal data by the recipient.  It is recommended not to pass on sensitive data to other users.

 

  1. Duties of the User

6.1 If and as long as the user places a book for sale, they make a permanent and binding offer to conclude a purchase agreement.  The user has to ensure that the book corresponds to the details made (e.g. edition, markings, damage) and that they are entitled to sell it.

6.2 The user is responsible for ensuring that the services are used exclusively in accordance with applicable law and the General Terms and Conditions (if applicable, also by using their registration), in particular that any content or books made publicly accessible or distributed by them within the scope of the services

  • do not infringe the rights of third parties (e.g. personal rights, rights to one's own image, copyrights, trademark rights, etc.),
  • do not otherwise violate applicable law (e.g. youth protection provisions) and
  • are correct in content.

If the content entered, made publicly accessible or disseminated by the user is the personal data of third parties, the user is responsible for ensuring that those affected have given their consent to using it.

6.3 When using the services, the user must not obstruct or spy on other users (e.g. phishing), use the website and services for purposes other than those intended or use them in a manner that disrupts or overloads the technical process.

In particular, the following is not permitted:

  • Making content accessible via Study-Books that contains programs or files that could damage the hardware or software of Study-Books or other users (e.g. viruses, worms, Trojan horses, etc.),
  • Making contents or books accessible via Study-Books that are harassing, defamatory, threatening, obscene, pornographic, hateful, racist or in any other way legally objectionable,
  • Making content accessible via Study-Books which the user is not entitled to disclose (e.g. due to confidentiality obligations or similar);
  • Making content accessible via Study-Books that violates the rights of third parties, in particular patents, trademarks, copyrights, including the rights of photographers, film-makers, composers and interpreters of pieces of music, etc., trade secrets or other property rights,
  • Making commercial advertising, junk mail, mass e-mail ("Spam"), chain letters or snowball systems accessible via Study-Books,
  • Interfering with the technical operation of the website or services;
  • Interfering with the website or services or any servers or networks connected thereto and thereby interfere with or interrupt their operation or violate any regulation, procedure or other rule for the use of networks connected to the services.

6.5 Study-Books is entitled, however not obliged, to monitor content and usage actions within the scope of the services.  Surveillance is carried out within the scope of legal admissibility and, in particular, in compliance with telecommunications secrecy and data protection regulations.  Monitoring includes access, transmission and the deletion of inadmissible content.  Study-Books assumes no liability for content provided by users.

6.6 The user is obliged to provide for daily backup of the contents published, stored, transmitted or received by them within the scope of the services.  The data entered by the user or persons connected with them will be deleted by Study-Books after the expiry of the periods specified in the respective services.

 

  1. Use of Study-Books in Breach of Contract

7.1 Under reserve of other claims and rights, Study-Books is entitled to block the user's access to Study-Books and its data in the event of a violation of one of the obligations provided in these General Terms and Conditions by the user.  Such right to block access also exists if unauthorized access by third parties to Study-Books or the information contained therein has been obtained and such blocking is necessary to assess the damage and/or to protect the legitimate interests of other third parties.  Study-Books is entitled to delete the affected data in the event of a violation by the user or a violation attributable to the user.

7.2 The user shall indemnify and hold Study-Books harmless from all disadvantages, such as damage and expenses, if and to the extent that these are related to a violation by the user or a violation of the GTC attributable to the user.

 

  1. Liability of Study-Books

8.1 In case of intent or gross negligence, Study-Books as well as its legal representatives, executive employees or vicarious agents are liable without limitation towards the user for any damage caused by them.

8.2 In case of slight negligence, Study-Books is also liable without limitation for injuries to life, body or health.

8.3 Other than that, Study-Books shall only be liable if Study-Books has violated an essential contractual obligation (cardinal duty, i.e. an obligation the fulfilment of which makes the proper execution of the agreement possible in the first place and on the observance of which the contractual partner regularly relies and may rely) by a legal representative, executive employees or vicarious agents. In such cases, liability shall be limited to compensation for the foreseeable, typically occurring damage.  Study-Books is not liable for the loss of data as such damage is based on the fact that the user has failed to perform sufficient data backups and thereby to ensure that lost data can be restored with reasonable effort.

8.4 If Study-Books is liable according to the provisions of the product liability law, this liability remains unaffected at all times.

8.5 The above provisions shall also apply mutatis mutandis to the benefit of the employees and agents or vicarious agents of Study-Books.

 

  1. Liability of the User

9.1 The user indemnifies Study-Books for all claims which other users or other third parties may assert against Study-Books due to a violation of their rights by advertisements and other contents posted by the user in the Study-Books services or due to their other use of Study-Books.  The user takes over the costs of the necessary legal defence of Study-Books, including all court and attorney fees to the statutory amount.  A claim to indemnification does not exist if the user is not responsible for the infringement.

9.2 In the event of a claim by third parties the user is obliged to provide Study-Books, at its request, with all the complete and correct information required for the verification of the claims and a defence against it.

9.3 Any liability of the user beyond these provisions remains unaffected.

 

  1. External Links

If Study-Books provides links to external websites, this does not automatically mean that Study-Books consents to or adopts the contents of these external websites.  The terms and conditions of use of such websites apply. Study-Books has no influence on the linked content and is not liable for illegal, incorrect or incomplete content and not for damage caused by the use of any content behind the link.

 

  1. Industrial Property Rights

All services, their contents, including advertising content, as well as the software used in connection with the services are protected by legal provisions, in particular copyrights, ancillary copyrights, trademarks, patents or other intellectual property rights.  It is therefore not permitted to download, reproduce and/or disseminate the website as a whole or in part.

 

  1. Right of Revocation

The user has a right of revocation regarding the services of Study-Books.  With regard to the prerequisites and legal consequences of the right of revocation, reference is made to the Revocation Instructions.

 

  1. Final provisions

13.1 The law of the Federal Republic of Germany applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods.  Mandatory provisions of the state in which the user has their habitual residence - e.g. for consumer protection - remain unaffected.

13.2 If the user was domiciled or habitually resident in Germany at the time the agreement was concluded and either has moved at the time an action is filed or their place of residence is unknown at that time, the place of jurisdiction for all legal disputes is at the seat of Study-Books. If the user does not have their residence or habitual abode in a member state of the European Union, then the courts at the seat of Study-Books are exclusively competent for all legal disputes.

13.3 Should individual provisions of these General Terms and Conditions be invalid or contradict the statutory provisions, the remaining provisions of the contractual relationship shall not be affected.

 

 

 

Instructions on the Right of Revocation

 

Right of Revocation

You have the right to revoke [any agreement concluded with Study-Books] without giving reasons.  The revocation period is 14 days from the date of conclusion of the agreement.  The right of revocation is exercised by making a clear declaration (e.g. in writing, by fax or by email) informing us of your decision to revoke the agreement.

The declaration must be made to us, i.e. to

Pablo Alvarez Gomez

Study-Books

Volbergerstraße 2

51503 Rösrath

Telephone: +49 157-53671651

Email: info@study-books.com

You can use the attached model revocation form for this purpose, but this is not mandatory. In order to comply with the revocation period, it is sufficient if you send notice of revocation before the expiry of the revocation period.

 

Consequences of Revocation

If you revoke the agreement, we will reimburse to you all payments received from you immediately and at the latest within 14 days of the day on which we received the notice of revocation of the agreement.  For this refund we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you.  Under no circumstances will you be charged for this refund.

If you have requested that our service be commenced during the revocation period, you have to pay to us a reasonable amount equalling that part of the service already rendered by the time you notified us of the exercise of your contractual right of revocation compared with the total extent of service provided for in the agreement.

 

Model revocation form

  • To:

Pablo Alvarez Gomez

Study-Books

Volbergerstraße 2

51503 Rösrath

Email: info@study-books.com

 

  • Herewith I revoke the agreement concluded with respect to the rendering of Study-Books services.
  • Ordered on: dd.mm.yyyy
  • User's name
  • User's address
  • User’s signature (only in case of hard-copy messages)
  • Date

 

For a better allocation of your revocation we kindly ask you to provide the revocation with your email address specified in your registration.  This is, however, not mandatory.