GTC Digitisation On Demand
Biblioteca Nacional de Portugal
Campo Grande, 83
1749-081 Lisboa
Portugal
Contact: National Library of Portugal, Copying Service
T: +351 217982029/30
F: +351 217982138
§ 1 Scope of application
The business relations between the National Library of Portugal (hereinafter NLP) 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 NLP as a matter of principle, except in cases where NLP has expressly consented to their application in writing.
§ 2 Entry into a contract
The order placed by the Customer constitutes an offer to NLP to enter into a contract. If the Customer places an order with NLP, NLP will send the Customer an e-mail message acknowledging receipt of his/her order by NLP and stating the particulars thereof (acknowledgment of receipt). Such acknowledgment of the receipt does not constitute acceptance of the offer by NLP but informs the Customer that his/her order has been received by NLP. A contract is not brought about unless and until NLP confirms to the Customer by e-mail that NLP 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.
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, NLP will draw up a cost estimate. Such cost estimate is non-binding and free of charge.
Orders can only be placed by Clients over 18 years old.
§ 3 Conditions of use / Ban on passing on to third parties
He/She is not entitled to make products available to third parties, whether for consideration or free of charge.
§ 4 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. NLP will keep the link available for download for 60 days. Note: The possibility of withdrawal is excluded, as the eBook delivered by NLP 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 withdraw from the order.
§ 5 Delivery / Prepayment
NLP will only make delivery after the Customer has paid for the eBook and the payment has been received by NLP.
The delivery of the eBook by download takes place in 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.
NLP 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 NLP, 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 NLP fails to discharge its obligations under such contract, NLP will be entitled vis-à-vis the Customer to terminate the contract.
§ 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 either
•by invoice or
•by online payment systems (credit card or direct debiting procedure)
Note: NLP will only proceed to delivery after the amount of the invoice has been received by it. If the Customer is in default with payment, NLP is entitled to charge default interest in the amount of 5% above the basic interest rate published by the European Central Bank p.a. The right to claim any damage in excess thereof remains unaffected thereby.
§ 7 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 NLP within 30 days the originally delivered article (DVD, CD-ROM) at the expense of NLP. The return of the defective article must be effected in accordance with the statutory provisions. NLP 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, NLP 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 NLP.
§ 8 Applicable law
Portuguese law shall apply; the application of the UN Sales Convention is excluded.
§ 9 Jurisdiction
The place of jurisdiction is the seat of NLP.
Last updated: February 19, 2019
