books to ebooks

EOD: General Terms and Conditions

GTC eBooks on Demand
 
University Library Bern
Münstergasse 6
3000 Bern 8
Switzerland
 
Contact:
T: +41 (0)31 631 92 11
E: zhb (at) ub.unibe.ch
 
 
§ 1 Scope of application
 
The following general terms and conditions govern the production of digitized publications (hereafter the eBook) by University Library Bern (hereafter UB) on behalf of its clients (the Customer). 
Business relations between UB 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 below, in the version applicable at the time of placing the order. Changes made by the Customer are not recognized by UB as a matter of principle, except in cases where UB has expressly consented to their application in writing. 
 
 
§ 2 Entry into a contract
 
The order placed by the Customer constitutes an offer to UB to enter into a contract. If the Customer places an order with UB, UB will send the Customer an e-mail message acknowledging receipt of his/her order by UB and stating the particulars of this (acknowledgment of receipt). Such acknowledgment of the receipt does not constitute acceptance of the offer by UB but informs the Customer that his/her order has been received by UB. 
A contract is not brought about unless and until UB confirms to the Customer by e-mail that UB 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, UB will draw up a cost estimate. Such a cost estimate is non-binding and free of charge.
 
The placing of orders by minors is subject to the consent of their legal representative. Otherwise, the contract will not be concluded. 
 
 
§ 3 Conditions of use

The Bern University Library does not enact conditions of use. Digital copies and e-books are public domain works.

This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights.

How to be cited: Bern University Library, [call number of the document]. A free copy of the book or article is requested.

 
§ 4 Delivery / Prepayment
 
UB will only make delivery after the Customer has paid for the eBook and the payment has been received by UB.
 
The delivery of the eBook is by download via a link for download provided to the Customer, to the e-mail address designated by him/her. Such a 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 indicated by the Customer when placing the order.
 
UB 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 UB, 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 UB fails to discharge its obligations under such a contract, UB will be entitled vis-à-vis the Customer to terminate the contract. In such a case, the Customer will be promptly informed that the ordered product cannot be delivered. Moreover, the statutory rights of the Customer remain unaffected.
 
 
§ 5 Exclusion of the right to return material 
 
Delivery of eBook by download: 
Once the download link has been sent to the e-mail address designated by the Customer, the digital book will be deemed to have been delivered. UB will keep the link available for download for 60 days. Note: The possibility of return is excluded, as the eBook delivered by UB is not suitable for return on account of its nature. 
 
Delivery of eBook by CD-ROM or DVD:
The DVDs and CD-ROMs are delivered unsealed, and in such cases it is therefore also not possible to cancel the order. 
 
 
§ 6 Due date and payment, default
 
The amount of the invoice 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)

Note: UB will only proceed to delivery after it has received the amount indicated in the invoice. If the Customer is in default with payment, UB is entitled to charge interest to the amount of 5% above the basic interest rate published by the European Central Bank. The right to claim any damages in excess of this remains unaffected.
 
 
§ 7 Liability for defects
 
UB is responsible for the quality of the scanned product, but is not liable for any shortcomings in production that may result from the quality of the original. In addition, UB’s liability for defects in performance of or negligence is limited. This applies to damage to property or persons or to the delivered item caused by the service provided. 
 
If a replacement is required the customer undertakes to return the original goods (DVD, CD-ROM) to UB at UB’s expense within 30 days. The return of the defective product must be in accordance with statutory rights. UB reserves the right to claim damages under the conditions allowed by law. The period of limitation is two years from delivery.
 
Note: UB does not guarantee that the products meet specific customer needs or that a specific goal expected by the customer will be achieved. In particular, the optical character recognition (OCR) cannot be guaranteed and depends on the individual book that has been digitized (font, language, age).
 
UB is not liable for acts of God, equipment failure or other unforeseeable or unavoidable circumstances creating a temporary interruption of service such as access to the download link or tracking pages. 
 
 
§ 8 Applicable law
 
Swiss law shall apply; the application of the UN Sales Convention is excluded.
 
In case of dispute, the German version is the only legally binding version. 
 
 
§ 9 Jurisdiction
 
The place of jurisdiction is the seat of UB.
 
Last updated: March 13, 2013