Terms & Conditions
These terms and conditions (the “Terms & Conditions“) ARE A LEGAL AGREEMENT between you and Books Without Borders, Inc. ("We", "Us", "Our"), a NY corporation located in 145 Hook Creek Boulevard, Valley Stream, NY 11581, setting forth, among other things, the terms and conditions for your access and use of the www.bookwitty.com website and any related sub-domains which we operate (the "Site"), including the Bookwitty Checkout pages.
BY ACCESSING OR USING THE SITE (INCLUDING BY PLACING ORDERS THROUGH THE SITE), YOU ACCEPT AND AGREE TO THE PROVISIONS OF THE TERMS & CONDITIONS WITHOUT ANY RESERVATIONS, MODIFICATIONS, ADDITIONS OR DELETIONS. If you do not agree to any provisions contained in the Terms & Conditions, you are not authorized to use the Site. You may be denied access to the Site, with or without notice to you, if you do not comply with the provisions of the Terms & Conditions.
We may from time to time modify the Terms & Conditions and will post a copy of the amended Terms & Conditions on the Site, so we encourage you to review them periodically. If we make any substantial changes to the Terms & Conditions, we will notify you by posting a prominent notice on the Site. If you do not agree to, or cannot comply with, the Terms & Conditions as amended, you are not authorized to use the Site. If you wish to cancel your account because you do not agree with the Terms & Conditions as amended, you may do so as described below in the Section “Cancelling Your Account”. You will be deemed to have accepted the Terms & Conditions as amended if you continue to access or use the Site after any amendments are posted on the Site. We reserve the right to refuse to provide our services to anyone at any time.
Conditions for placing an order
You declare being above 18 years old, enjoying legal capacity or holding a parental authorization allowing you to place an order via the Site.
Phases of Contract Conclusion
After having placed your order, we shall send you an e-mail confirming the content thereof and informing you of the possibility of modifying (adding or removing items) or canceling your order, until dispatch date.
We shall inform you by e-mail that your items have been dispatched. The said e-mail shall confirm our acceptance of your order and constitutes therefore a sale agreement between you and us.
Prices, Availability and Delivery
Prices on the Site are displayed by default in US dollars. Prices are exclusive of all others costs including carriage costs, order processing fees and gift-wrapping fees.
We accept your orders subject to availability of inventory. If, despite of Our vigilance, the item(s) requested is/are not available, We shall inform you of their unavailability by e-mail as soon as commercially possible. In any case, We cannot be deemed responsible in case one or more books should appear as available on the product page and are not. Delivery time limits are only indicative and we cannot, in any and all cases, guarantee delivery within these time limits; thus, We cannot be deemed responsible in any case of late delivery.
In case you order an item that is not available in Our stock (Special Orders), We shall debit the total amount of that order even before processing it. As soon as a special order has been paid for any cancellation or return cannot be processed without Our express authorization.
Every order placed through the Site may be subject to taxes and customs duties applicable upon the parcel’s arrival at destination. You shall be responsible for and bear the possible customs duties and taxes related to an item delivery that is ordered from outside the United States of America. We shall not be responsible for checking and informing you of the applicable customs duties and taxes in your country. Therefore, We suggest that you seek this information from the competent authorities in your country.
Payment may be effected by paypal or major credit and debit cards.The full amount of the order is charged upon confirmation of the order. If the payment method is rejected by the order shall be automatically cancelled. In all and any cases neither party can introduce any action claiming any damages.
Returns can only take place if a book is damaged, or if it does not correspond to your order, pending acceptance from Us. You may only request a return within 30 days of the delivery date.
If the delivered item(s) do not match with your order we will accept returns. You are requested to return the said item(s) within 30 days of the approval of your claim.
Reservation of Ownership
The items delivered shall remain Our property until you fulfill all your obligations towards us, namely until the full payment of the price, plus interests if applicable.
“As is” Basis. THE SITE (INCLUDING ALL THE CONTENT) AND OUR SERVICES ARE PROVIDED TO YOU “AS IS.” THE ACCESS OR USE OF THE SITE AND OUR SERVICES ARE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR HARDWARE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE ACCESS OR USE OF THE SITE OR THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. WE MAKE NO REPRESENTATIONS, WARRANTIES OR GUARANTEES THAT THE SITE WILL BE FREE FROM LOSS, DESTRUCTION, DAMAGE, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND WE DISCLAIM ANY LIABILITY RELATING THERETO. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY OR MAY NOT APPLY TO YOU.
Warranty Disclaimer. WE MAKE NO REPRESENTATIONS, WARRANTIES OR GUARANTEES THAT THE ACCESS, THE USE OR THE RESULTS OF THE USE OF THE SITE, THE PROVISION OF OUR SERVICES OR THE CONTENT PROVIDED BY THE USERS ARE OR WILL BE ACCURATE, RELIABLE, CURRENT, UNINTERRUPTED OR WITHOUT ERRORS. WITHOUT PRIOR NOTICE, WE MAY MODIFY, SUSPEND, OR DISCONTINUE ANY ASPECT OR FEATURE OF THE SITE AND/OR OUR SERVICES OR YOUR ACCESS OR USE OF THE SITE, OR WITHDRAW ANY CONTENT FROM THE SITE, WITHOUT ANY LIABILITY TO YOU OR TO ANY THIRD PARTY WHATSOEVER.
Your Information. YOU ACKNOWLEDGE THAT YOUR SUBMISSION OF ANY CONTENT ON THE SITE (INCLUDING PERSONAL INFORMATION) IS AT YOUR OWN RISK. WE DO NOT ASSUME ANY LIABILITY TO YOU WITH REGARD TO ANY LOSS OR LIABILITY RELATING TO SUCH CONTENT IN ANY WAY.
Third Party Content SOME OF THE CONTENT DISPLAYED ON THE SITE MAY INCLUDE MATERIALS (INCLUDING WITH RESPECT TO PRODUCTS OR SERVICES) THAT BELONG TO OR ARE PROVIDED BY THIRD PARTIES. YOU ACKNOWLEDGE THAT WE ASSUME NO RESPONSIBILITY FOR SUCH CONTENT, PRODUCTS AND/OR SERVICES.
Limitation of Liability; Indemnification
We disclaim any responsibility (i) in case the delivered item is not in conformity with the legislations of the country of delivery or (ii) in case we fail to fulfill Our contractual obligations due to an act of God or to any force majeure event. Should the publisher or distributor be out of stock, we shall not be held responsible for any delay. Moreover, we shall not be held responsible in case of differences between the items photos, texts and illustrations on Our Site and the ordered items.
IN NO CASE WILL WE, OUR SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE DAMAGES OR OTHER DAMAGES, OR FOR ANY LOSSES, DAMAGES, LIABILITIES, COSTS AND EXPENSES ARISING OUT OF OR RELATING TO (I) YOUR ACCESS, USE, MISUSE OR INABILITY TO ACCESS OR USE THE SITE OR (II) THE INTERRUPTION, SUSPENSION OR TERMINATION OF ANY PART OF OR ALL THE SITE, AND IN BOTH CASES (I) AND (II) REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, WARRANTY, DELICT, QUASI-DELICT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER THEORY OF LIABILITY) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE TERMS & CONDITIONS, IN NO EVENT WILL OUR AGGREGATE LIABILITY FOR ANY CLAIMS IN CONNECTION WITH YOUR USE OF THE SITE AND EXCEED THE HIGHER OF (I) USD 100 OR (II) THE AMOUNT OF YOUR ORDER WITH US. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY OR MAY NOT APPLY TO YOU.
You will indemnify and hold Us, Our shareholders, officers, directors, employees, agents, partners and licensors harmless with respect to any suits, claims or demands (including reasonable lawyers’ fees) arising out of (i) your breach of the Terms & Conditions including, without limitation, your submission of Content that violates third party rights or applicable laws; (ii) any damages by you or your use of the Site; or (iii) your access, use or misuse of the Site.
License to Access the Site
We grant you a limited, personal, non-exclusive, revocable license to access and use the Site in accordance with the terms set forth in the Terms & Conditions. You are not authorized, in any case, to download or modify part or all of Our Site without Our written express authorization. This license does not allow you, in any case, to use the Site or its content (listed products, descriptions, prices, downloading or copying information for other traders' accounts, use of data, software, audio clips, graphics, images, texts, photos, tools) for sale or any other commercial use.
This Site or any part thereof shall not, in any case, be reproduced, copied, sold, or used for commercial purposes without Our written express authorization.
You shall not use techniques allowing the copying of a trademark, a logo, or any other information (namely images, texts and layouts) we own, without Our written express consent. You shall not use meta tags or any other ‘hidden’ texts displaying Our name, trademark or the name of any of our group companies, without Our written express consent. Any non-authorized use shall terminate the license we have granted you.
Reviews, Critiques, Communications and other User Contents
The Site users may send Us critiques, reviews or any other content; they may send their suggestions, ideas, questions or any other information, as far as this content is not illegal, obscene, abusive, threatening, slanderous, inconsistent with the intellectual property rights or detrimental to third parties, and is not or does not contain any viruses, political militancy, commercial solicitations, mass mailing, chain mailing or any other form of spam (collectively, "Content"). You shall not use a fake e-mail address or a fake personal or collective identity. You shall not give false content sources. We reserve the right to remove or modify any Content you post on the Site, at Our total discretion.
Unless otherwise provided for by us, if you send us Content, you accept to give us and the companies of Our group, for the legal copyright duration, the free and non-exclusive right of exploiting, duplicating, modifying, adapting, publishing, translating, distributing, sub-licensing and displaying the said content in the entire world and through all media. You grant us, the companies of Our group and Our sub-licensees the right to use the name you gave us when supplying your User Content. You shall waive your right to be identified as the author of such Content. You shall accept to perform all deeds necessary to guarantee the rights that you grant us, namely through the execution of all deeds and documents upon Our request.
You represent and warrant that you are the owner of, or holder of the necessary rights related to the Content that You transmit to Us; and that on the date of the content transmission: (i) the Content is exact and true, and (ii) the use of the Content is not inconsistent with any of Our policies and does not entail prejudice to any third party (namely that the Content is not slanderous). You agree to indemnify Us in case of any action taken by a third party against us, having as reason, grounds or origin the Content that you sent Us.
We reserves the right, without any limitation whatsoever, to: (i) investigate any suspected breaches of the Site security or its information technology or other systems or networks; (ii) investigate any suspected breaches of the Terms & Conditions or violations of any additional terms, conditions or rules posted in connection with a particular service or feature on the Site; (iii) involve and cooperate with law enforcement authorities in investigating any such matters; (iv) prosecute violators of the Terms & Conditions to the full extent permitted by applicable law; and (v) delete or modify any content on the Site, including any of your Content.
Applicable Law and Competent Jurisdiction
The Terms & Conditions shall be governed by and construed in accordance with the laws of the New York state, USA, excluding any rules of private international law or the conflict of laws which would lead to the application of any other laws. Regardless of where you access the Site, you agree that any action at law or in equity arising out of or relating to the Terms & Conditions shall be filed and adjudicated only in the competent courts located in New York city, New York, USA, and you hereby irrevocably and unconditionally consent and attorn to the exclusive jurisdiction and venue of such courts over any suit, action or proceeding arising out of the Terms & Conditions. Notwithstanding the foregoing, we shall have the right to bring action against you in courts of competent jurisdiction in the jurisdiction in which you reside or are located: (i) to seek injunctive relief against you; (ii) to obtain a judgment against you where a judgment by a Québec court will, or may, not be enforced by the jurisdiction in which you resides or is located; or (iii) to enforce a judgment obtained against you in a New York court.
Cancelation and Termination of Your Account
You can cancel your account at any time by contacting Us at email@example.com
We may terminate your account immediately in the event of breach or violation of the Terms & Conditions by you.
All provisions of the Terms & Conditions which by their nature should survive the termination of an agreement shall survive the termination of the Terms & Conditions, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability and indemnification. Termination of your access to and use of the Site shall not relieve you of any obligations arising or accruing prior to such expiration or termination or limit any liability which you otherwise may have towards Us, including without limitation any indemnification obligations contained herein.
If any of the provisions of the Terms & Conditions or their application is found to be invalid under any applicable statute or rule or law, they are, to that extent, deemed omitted and the validity of the other provisions of the Terms & Conditions will not be affected.
No agency, partnership, joint venture, or employment is created between you and Us as a result of the Terms & Conditions and you do not have any authority of any kind to bind Us in any respect whatsoever.
You may contact us through by mailing us on: firstname.lastname@example.org
If you think that any of the contents displayed on Our Site may infringe any of your intellectual property rights, or if you have any question concerning Our Site, please contact us by email at email@example.com