GTC eBooks on Demand
Academic health library (Paris)
BIUS Santé, 12 rue de l'Ecole de Médecine
75006 PARIS
France
Contact: Academic health library (Paris)
T: + 33 (0)1 76 53 19 65
F: +33 01.44.41.10.20
E: info-hist@biusante.parisdescartes.fr
W: http://www.biusante.parisdescartes.fr/
§ 1 Scope of application
The business relations between the Academic health library (Paris) (hereinafter BIU Santé) and the Customer in connection with the ordering of an eBook on Demand shall be governed exclusively by the General Terms and Conditions set forth herein below, in the version applicable at the time of placing the order. Deviating provisions of the Customer are not recognized by BIU Santé as a matter of principle, except in cases where BIU Santé has expressly consented to their application in writing.
§ 2 Entry into a contract
The order placed by the Customer constitutes an offer to BIU Santé to enter into a contract. If the Customer places an order with BIU Santé, BIU Santé will send the Customer an e-mail message acknowledging receipt of his/her order by BIU Santé and stating the particulars thereof (acknowledgment of receipt). Such acknowledgment of the receipt does not constitute acceptance of the offer by BIU Santé but informs the Customer that his/her order has been received by BIU Santé. A contract is not brought about unless and until BIU Santé confirms to the Customer by e-mail that BIU Santé can send the ordered eBook. Such confirmation depends, among other things, on the availability of the book and on the physical condition of the book being such as to permit digitisation, and on no copyrights/exclusive rights to use the work being infringed.
The Customer will be notified within a reasonable time period if digitisation is impossible.
In cases where the price for digitisation has yet to be established, BIU Santé will draw up a cost estimate. Such cost estimate is non-binding and free of charge.
The placing of orders by minors is subject to the consent of the statutory representative. Otherwise, the contract will not be brought about.
§ 3 Conditions of use
Customer is granted the right to use the delivered products on any hardware to be provided by the Customer. Products provided by BIUS are provided under Open Licence.
§ 4 Delivery / Prepayment
BIU Santé will only make delivery after the Customer has paid for the eBook and the payment has been received by BIU Santé.
The delivery of the eBook by download takes place in a way that a link for download is provided to the Customer, to the e-mail address designated by him/her. Such link will be available for 60 days.
If an order is placed for a CD-ROM or DVD, delivery will be made to the delivery address designated when placing the order.
BIU Santé will endeavour to make delivery to the Customer within 14 days; however, such time limit is non-binding unless in exceptional cases the delivery date has been promised in a binding manner.
If BIU Santé, without any fault on its part, is unable to deliver the ordered eBooks, for example because the respective other party to a contract entered into by BIU Santé fails to discharge its obligations under such contract, BIU Santé will be entitled vis-à-vis the Customer to terminate the contract. In such case, the Customer will be promptly informed that the ordered product cannot be delivered. The statutory claims of the Customer remain unaffected.
§ 5 Exclusion of withdrawal
Delivery of eBook by download:
Upon sending the download link to the e-mail address designated by the Customer, the digital book will be deemed to have been delivered. BIU Santé will keep the link available for download for 60 days. Note: The possibility of withdrawal is excluded, as the eBook delivered by BIU Santé is not suitable for return on account of its nature.
Delivery of eBook by CD-ROM or DVD:
The CD-ROMs and DVDs are delivered unsealed, and in such cases it is therefore also not possible to withdraw from the order.
§ 6 Due date and payment, default
The amount is due after it has been confirmed that the ordered eBook can be sent to the Customer.
The Customer can pay
- by online payment systems (credit card or direct debiting procedure)
§ 7 Set-off
The Customer shall only have a right to set-off if his/her counterclaims have been determined by a decision which has become final and absolute or are not contested by BIU Santé, and also in case of insolvency of BIU Santé or with respect to counterclaims which have a legal connection with the liability of the Customer.
§ 8 Liability for defects
If the work delivered is defective, the statutory provisions apply. The assignment of any warranty claims that the Customer may have is excluded.
Further claims of the Customer, on whatever legal grounds, are excluded. The liability for damage other than damage to the object of delivery is excluded.
The above limitation of liability shall not apply to the extent that the cause of damage is due to intent or gross negligence, or in case of bodily injury. Furthermore, it shall not apply if the Customer asserts claims which are regulated by law.
If the subsequent performance has been effected by means of substitute delivery, the Customer is obligated to return to BIU Santé within 30 days the originally delivered article (DVD, CD-ROM) at the expense of BIU Santé. The return of the defective article must be effected in accordance with the statutory provisions. BIU Santé reserves the right to assert damages on the conditions stipulated by law.
The limitation period is two years, calculated from delivery.
Note: With respect to the products, BIU Santé does not warrant or assume liability that the products will conform to specific expectations of the Customer or that a specific goal pursued by the Customer will be achieved by him/her by means of the products. Automatic text recognition (OCR) in particular cannot be fully guaranteed and depends on the individual book that is being digitised (type font, language, age of the book).
A temporary suspension of services, e.g., of the download link or the tracing page, that arises from force majeure, from operational breakdowns or from circumstances which are not foreseeable from an engineering point of view, does not give rise to a liability of BIU Santé.
§ 9 Applicable law
French law shall apply; the application of the UN Sales Convention is excluded.
§ 10 Jurisdiction
The place of jurisdiction is the seat of BIU Santé.
Last updated: March 28, 2011
