E-books on Demand
University Library Basel
Schönbeinstrasse 18-20
CH-4056 Basel
Switzerland
Contact:
T: +41 (0)61 267 29 93
F: +41 (0)61 267 31 03
E: hss2-ub@unibas.ch
W: www.ub.unibas.ch
§ 1 Scope
The following general terms of business (Allgemeinen Geschäftsbedingungen--AGB) regulate the preparing and/or delivery of digital copies by the University Library of Basel (hereafter UB) on behalf of its customers.
For the business relations between the UB and the customer governing the ordering of a digital copy from the historical stock of the UB using the service E-books on Demand (EOD) only the following general terms of business are applicable in the version valid at the time of placing the order. Diverging provisions of the customer are in principle not allowed, unless the UB has expressly warranted their validity in writing.
Included in the following general terms of business is the supplementary offer to have a reprint prepared from a digital copy.
§ 2 Conclusion of contract
The placing of an order by the customer constitutes an offer to conclude a contract. The customer does not need to order the complete work, but can request excerpts from it. Ordering a reprint is only possible for complete print layouts.
When the customer places an order with the UB, the UB sends the customer an e-mail confirming receipt of the order and listing its details (acknowledgement of receipt). This acknowledgement of receipt is not an acceptance by the UB of the proposal, but only informs the customer that the order has been received by the UB.
The conclusion of a contract only takes place when the UB confirms via e-mail that the UB can supply the digital copy ordered. This confirmation depends among other things upon the availability of the original and on whether the physical condition of the original allows a digitisation and that contractual or legal provisions (data privacy, personal rights) are not violated. The customer will be informed within a reasonable period of time if digitisation is not possible.
The UB prepares a cost estimate for the customer. The cost estimate is non-binding and free of charge. It is valid for 30 days.
§ 3 Terms of use
The right of use to the copy is not exclusively the customer’s.
Digital copies of copyright-free works can be used by customers as electronic files or hardcopy prints without restriction.
Any further use of digital copies of works still protected by copyright apart from personal use without the permission of the author is prohibited, i.e., the corresponding digital copies may in particular neither be transmitted or published without the permission of the author or his/her legal successor respectively. The customer alone is liable for possible violation of copyrights.
If the digital copies are used for publication, a specimen copy or a link to the online publication should be submitted to UB. In accordance with academic practice these specimen copies will be catalogued by UB for further use.
After a waiting period of three months digital copies which are free from copyright are copied by the UB to digital libraries operated or supported by it, making them available not only worldwide but on a long-term basis.
§ 4 Delivery/advance payment
The UB only supplies the digital copy after the customer has paid for it, and the payment has been received by the UB.
The following methods of delivery are available to the customer:
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Delivery per download: The UB sends the customer a link for downloading to the e-mail address designated by him. The digital copy is available for downloading via this link for 60 days.
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Delivery on CD-ROM/DVD: The UB sends the digital copy on a data medium to the delivery address designated by the customer.
If, through no fault of its own the UB is unable to supply the ordered digital copy, for instance, because a contractual partner of the UB does not fulfil its obligations, the UB is entitled to withdraw from the contract with the customer without obligation to provide compensation. In this case the customer will be informed without delay that the ordered product cannot be supplied. Apart from that the legal claims of the customer remain unaffected.
§ 5 Exclusion of revocation
Delivery of the digital copy per download:
The sending of the download link to the e-mail address designated by the customer is deemed to constitute delivery of the digital copy. The UB keeps the link retrievable for 60 days. The possibility of revocation is excluded as the nature of the product supplied by the UB is unsuitable for return.
Delivery of the digital copy per CD-ROM or DVD:
The DVDs and CD-ROMs are supplied without being sealed. The possibility of revocation is therefore excluded.
§ 6 Payment and date due
The amount of the invoice is due on receipt of confirmation that the digital copy can be sent.
The customer can pay the invoice amount online
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per credit card or via
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ClickandBuy.
§ 7 Liability for defects
The UB is liable for the quality of the scanned product; it is, however, not liable for graphical deficiencies of the reproduction resulting from graphical deficiencies in the original. In addition, the UB’s liability for deficiencies in the service or product supplied is restricted to gross negligence or intent. This applies both to damages, caused by the service to objects or persons, as well as to damages of the supplied product itself.
The UB does not assume any guarantee or liability for the product’s corresponding to specific customer expectations, or for his/her achieving an objective pursued by him/her in connection with it. In particular the automatic character recognition (OCR) cannot be completely guaranteed and is dependent on the original to be digitized (typeface, language, age of the original).
A breakdown in operations due to an act of God, or any further unforeseeable circumstances resulting in a temporary interruption of services, eg of the download link or the tracking page, does not constitute liability on the part of the UB.
§ 8 Applicable law
Swiss law excluding recourse to the UN sales convention applies.
In case of dispute, the German version is the only legally binding version.
§ 9 Place of jurisdiction
The place of jurisdiction is the registered office of the UB.
As of: 4 January 2016
