General Terms and Conditions of the Bavarian State Library for eBooks on Demand (EOD)

§ 1    Scope

1. The following general terms and conditions govern all business relations between the Bavarian State Library (hereinafter referred to as BSB) and the customer in connection with the order of an eBook. The version of the terms and conditions currently applicable at the time of conclusion of contract shall be binding.
2. Any differing, contrary or supplementary general terms and conditions of the customer do not form part of the contract, even if known to the BSB, unless it is expressly confirmed in writing that such regulations shall be applicable.

§ 2    Conclusion of Contract

1. The placement of an order by a customer is regarded as bid submitted to the BSB to conclude a contract.
   Upon the placement of an order with the BSB by a customer, the BSB sends the customer an e-mail confirming the receipt of his order by the BSB and listing the details of the order (confirmation of receipt).
   This confirmation of receipt does not represent an acceptance of the bid by the BSB, but merely informs the customer that his order has been received by the BSB. A contract is concluded only on condition that the BSB confirms to the customer by e-mail that the BSB can deliver the ordered eBook. Such confirmation depends i. a. on whether the book is available, whether the physical condition of the book allows its digitisation, and whether no copyrights or rights of use are infringed.
2. In the event that the ordered item cannot be delivered, the customer is informed accordingly in due time.
3. In such cases where the price for the eBook has not yet been fixed, the BSB prepares a cost estimate. The cost estimate is without obligation and free of charge.
4. For orders by minors a written statement of approval by the legal guardian is required. Otherwise no contract is closed.
5. The order data are stored by the BSB and e-mailed to the customer upon conclusion of the contract, together with the underlying, binding General Terms and Conditions.

§ 3    Use of the eBook

Unless agreed otherwise, upon delivery of the eBook the customer is granted the temporally and locally unrestricted right to use the eBook for scholarly and other private, non-commercial purposes on any hardware to be provided by the customer. Any use for any purpose beyond those stated above requires an extra agreement to be concluded in writing. The customer must not make the eBook available for use by a third party (e. g. in an intranet or on the internet) - neither at a charge nor free of charge.

§ 4    Exclusion of Countermand

It is expressly pointed out that the right to countermand is ruled out:

1. In the event that the customer is provided with the eBook by download via a link sent to him by the BSB for this purpose, the right to countermand is ruled out, since it lies in the nature of the thus provided eBook that it cannot be returned.
2. In the event that the eBooks are delivered to the customer on data carriers (CD ROM, DVD), the right to countermand is ruled out, since the data carriers are delivered unsealed.

§ 5    Delivery

1. The delivery of an eBook is effected only after receipt of the payment of the invoice total.
2. The following delivery options are available to the customer:
   
   1. Delivery via download: The BSB sends a download link to an e-mail address provided by the customer. Via this link, the eBook is then available for download by the customer for 60 days.
   2. Delivery on CD ROM or DVD: The eBook is sent to a delivery address provided by the customer on a data carrier.
3. The BSB endeavours to effect delivery to the customer within 14 days from receipt of the order. However, this term is not binding, unless a binding delivery date has been fixed by way of exception.
4. In the event that the BSB cannot deliver an ordered eBook for reasons beyond the BSB's control, for example since a contract partner of the BSB does not fulfil his contractual obligations, the BSB is entitled to withdraw from the contract with the customer. In this case, the customer is informed immediately that the ordered product cannot be delivered. Any payment already effected will be refunded. The further legal claims of the customer remain unaffected.

§ 6    Payment Terms and Options, Delay of Payment

1. The quoted price is binding. In the case that delivery is effected on a data carrier, a flat rate for shipping and handling in the amount of EUR 10.00 for delivery within Germany or in the amount of EUR 12.00 for delivery to other countries is added.
2. The invoice total is due upon receipt of the confirmation by the BSB that the eBook can be delivered.
3. The customer can pay the invoice total online
   • by credit card or
   • by Paypal.
4. In the event that the customer is in default, the BSB is entitled to request the payment of default interests at a rate of 5 percent above the base rate p. a. fixed by the European Central Bank. The BSB's right to claim further damages remains unaffected.

§ 7    Offsetting of Payments, Retention of Payment

The customer is entitled to offset payment exclusively on the condition that his counter claims have been established in a legally binding manner or have been recognised by the BSB. The customer can only assert a claim to withhold payment on the condition that his counter claim is based on the same contractual relationship.

§ 8    Passing of Risk

1. In the case of delivery of the eBook on a data carrier shipped to the customer, the risk of loss by accident and of deterioration by accident passes to the customer upon delivery of the data carrier. The delivery is unaffected by the customer's possible delay of acceptance.
2. In the case of delivery by download the danger of loss and of the alteration of the data passes to the customer upon passing the network interface.

§ 9    Guarantee

1. The customer may select whether supplementary performance is effected through rectification of defects or compensation delivery. The BSB is entitled to refuse to effect the type of selected supplementary performance, provided that it is only possible at a disproportionately high cost, and that the other type of supplementary performance does not bear any substantial disadvantage for the customer.
2. In the event that the supplementary performance is unsuccessful, the customer has the right in principle to request of his own choice either the reduction of the price payable or the rescission of the contract, as well as the payment of damages. In the case that the defects are only minor, the customer does not have a right to withdraw from the contract.
   In the event that the customer claims damages, the limitations of liability stipulated under § 8 are applicable.
3. The customer must inform the BSB of obvious defects within 4 weeks after receipt of the eBook in writing or by e-mail, otherwise the assertion of any guarantee claims is ruled out.
4. The BSB does not offer any guarantee or accept any liability for the fulfillment of any specific expectations of the customer by the eBook or for the achievement of a certain aim pursued by the customer.
5. Since the automated text recognition (OCR) is delivered as a free-of-charge, additional feature of the eBook, the BSB cannot guarantee that this service can be rendered comprehensively and free or errors. The scope and the quality of this service are in particular dependent on the individual original (book), for example the font, language or the age of the original. In the event that the OCR service cannot be rendered at all, cannot be rendered in an error-free manner, or cannot be rendered comprehensively, this circumstance does not represent a defect forming the basis for any guarantee claims.
6. The guarantee period is 2 years counting from the delivery of the eBook.

§ 10    Limitation of Liability

1. The BSB dos not accept any liability for damages which have not been caused on the delivery item. This is not applicable in the event that the damage can be put down to deliberation or gross negligence, or that a person has been bodily injured.
2. The BSB does not accept any liability in the event that force majeure, business disruptions or technically unforeseeable circumstances cause a temporary interruption of the services of the BSB, e. g. an interruption of the download link or of the tracking page.
3. The BSB can only be held liable for its own contents on its web site. In the event that access to other web sites is provided via links, the BSB does not accept any liability for any external contents of such other web sites. The BSB does not appropriate any such contents. In the event that the BSB gains knowledge of any illegal contents of external web sites, it will cancel access to such sites immediately.

§ 11    Privacy Policy

1. For information about the type, scope, duration and purpose of the collection, processing and use of personal data required for the processing of an eBook order and its invoicing by the BSB please refer to the Privacy Policy available under http://books2ebooks.eu/bsb/en/impressum.html.
2. The collection, processing and use of personal data for marketing purposes must be approved by the customer. The present preparation and delivery of an eBook is carried out within the framework of the EU project Digitisation on Demand. In connection with the EU's support of the project, the BSB is obliged to conduct customer surveys concerning its service. The customer has the option to accept the inquiry before placing his order. The customer is entitled to revoke the statement of approval at any time in the future.

§ 12    Final Clause

The present General Terms and Conditions are subject to German law, excluding the United Nations Convention on Contracts for the International Sale of Goods. This choice of applicable law is valid unless ruled out by overriding legal regulations of the state in which the customer has his usual place of residence.