Terms & Conditions
The Book Heritage is an online Business that sells Books (Products) on the Internet as a primary activity. Products are sold directly online through the Online Catalogue (The Library). The use of The Book Heritage’s website (the “Site”) is subject to the following Terms and Conditions. By using The Book Heritage’s website, Buyer/Seller/Client (the “Customer”) agrees to be bounded by these Terms and Conditions. These Terms and Conditions shall govern all offers, purchase, selling, deliveries and services based on orders by Customer through The Book Heritage’s website. These Terms and Conditions constitute the entire and only agreement between The Book Heritage and Customer, and supersede all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site content, products or services provided by or through the Site, and the subject matter of these Terms and Conditions. The Book Heritage may amend these Terms and Conditions at any time without specific notice to Customer. The latest Terms and Conditions will be posted on the Site and Customer should review them and accept them prior to using the Site.
No Registration is required to place and process orders, but providing at least an e-mail address is required for check-out, along with a full billing and shipping address.
The e-mail address provided helps The Book Heritage trace all orders and revert to customers on any queries or problems.
Registration, for those who wish to do so, is simple. It grants each Customer the exclusive access to functionalities like the ability to save items to a wish list and access one’s purchase history. Customer can register by filling the registration form and must provide an email address and password. Customer will receive a confirmation email with a hyperlink to follow and to confirm the authenticity of Customer’s email address.
An email address and a password will be required to login to The Book Heritage. The password must be kept confidential and must not be disclosed or shared with anyone. Customer will be responsible for any purchases and activities that are submitted under its username and password.
The Book Heritage reserves the right to reject, suspend or terminate a registration immediately at its discretion.
Capacity to buy: It is Customer’s responsibility to ensure that he/she is capable of performing commercial transactions. Customer must ensure that all details provided during registration or any other time is correct and complete. Any changes to information provided during registration must be updated by editing Customer’s profile.
Copyright: The content, graphics, design, logos, manual, compilation, translation, conversion and other matters related to the Site are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by Customer of any such matters or any part of the Site is strictly prohibited. Customer does not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right of such information and materials.
Trademarks: All trademarks, whether registered trademarks or no, are the property of The Book Heritage. Other product and company names mentioned on the Site may be trademarks of their respective owners. Limited Right to Use: The viewing, printing or downloading of any content, graphic, form or document from the Site grants Customer only a limited, nonexclusive right for its own personal use and not for republication, distribution, assignment, sub license, sale, preparation of derivate works or other use. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for the Customer’s personal use and not for resale and/or redistribution. Editing, Deleting and Modifying: The Book Heritage reserves the right at its sole discretion to edit or delete any documents, information or other content appearing on the Site.
Indemnification: Customer agrees to indemnify, defend and hold The Book Heritage and its attorneys, staff and affiliates (collectively, “Affiliated Parties”) harmless from any liability, loss, claim and expense, including attorneys’ fees, related to Customer violation of these Terms and Conditions or use of the Site. Non-transferable: Customer’s right to use the Site is not transferable. Any password or right given to Customer to obtain information or documents is not transferable.
Payments: Customer warrants that if it is purchasing any product from The Book Heritage, (i) any credit information Customer supplies is true and complete, (ii) charges incurred by Customer will be honored by its credit card or any other payment method chosen, and (iii) Customer will pay the charges incurred by it at the displayed prices, including
Links to Other Websites: The site contains links to other Websites. The Book Heritage is not responsible for the content, accuracy or opinions express in such Websites, and such Websites are not investigated, monitored or checked for accuracy or completeness by The Book Heritage. Inclusion of any linked Website on The Book Heritage’s Site does not imply approval or endorsement of the linked Website by The Book Heritage. If Customer decides to leave the Site and access these third- party sites, Customer does so at its own risk.
Language: The English language shall prevail. The language in these Terms and Conditions shall be interpreted as in accordance with their fair meaning and not strictly for or against either party.
Severance: should any part of these Terms and Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions, and shall not affect the validity and enforceability of any remaining provisions of the Terms.
Precedence: To the extent that anything in or associated with the Site is in conflict or inconsistent with these Terms and Conditions, these Terms and Conditions shall take precedence.
Waiver: No waiver by The Book Heritage shall be construed as a waiver of any proceeding or succeeding breach of any provision. The Book Heritage’s failure to enforce any provision of these Terms and Conditions shall not be deemed a waiver of such provision nor of the right to enforce such provision. Entire Agreement: These Terms and Conditions form the entire basis of any agreement reached between Client and The Book Heritage.
Law and Jurisdiction: These Terms and Conditions shall be treated as though they were executed and performed in the country of the company’s head office and shall be governed by and construed in accordance with the laws of the company’s head office jurisdiction and all claims shall be settled exclusively by the Courts of that country (without regard to conflict of law principles).
Shopping on The Book Heritage: The preamble of these terms and conditions (please refer to its content above) constitutes an integral part of them.
These Terms and Conditions constitute along with the Preamble the entire and only agreement between The Book Heritage and the Buyer, and supersede all prior or contemporaneous agreements, representations, warranties and understandings with respect to the services provided, and the subject matter of these Terms and Conditions. The Book Heritage may amend these Terms and Conditions at any time without specific notice to the Seller. The latest Terms and Conditions will be posted on the site and Seller should review them prior to using the site.
These Terms and Conditions shall be treated as though they were executed and performed in the country of the company’s head office and shall be governed by and construed in accordance with the laws of the company’s head office jurisdiction (without regard to conflict of law principles).
4.1. Buyer should follow the ordering and payment procedures clearly detailed on The Book Heritage’s website.
4.2. All orders are firm and legally binding.
4.3. Deliveries of the Products shall be executed in all countries unless provisioned otherwise by our shipper.
4.4. Deliveries will be dispatched in one (1) to two (2) working days following the payment confirmation/clearance of payment. Payment clearance may vary between two (2) to four (4) working days depending on method of payment. The Products will be handed to Buyer during regular hours in Buyer’s country.
4.5. Deliveries are sent by default to the shipping address provided by Buyer during registration.
4.6. It is Buyer’s responsibility to make sure that the provided address is accurate. The Book Heritage will not be held liable for erroneous address entries. After having left our premises, any address modification will not be taken into consideration.
4.7. Ownership shall pass to Buyer when the displayed selling price (“Price”) and all other charges and taxes attributable to the Product have been paid in full. The risk, including the risk of loss or damage of the Products, shall pass to Buyer on delivery.
4.8. The Book Heritage may change its list of Products by adding or removing Product(s) at its sole discretion.
4.9. Buyers, who wish to have their purchases left outside the elected address, should note that The Book Heritage shall not be held responsible for any damage or missing Products after the delivery has been made.
4.10. The Book Heritage runs 3 different shipping plans depending on the country and the purchased item(s): free shipping, shared shipping and chargeable shipping.
4.11 Transit time will vary between three (3) to five (5) working days, starting the date of uplift and excluding uncontrollable delays such as, but not limited to, holidays, weather conditions, Airline offload, Customs Clearance & Authority Regulations (customs inspection at destination…), Natural disasters, earthquakes, War, strikes, or other politically induced event…
Prices & payment
5.1. The Price of the products is that on The Book Heritage’s price list and might be amended at any time at the sole discretion of The Book Heritage.
5.2. All Prices are exclusive of any importation taxes and/or duties, local taxes or any other charges, which shall be payable by Buyer. Buyer is liable for all import duties, customs, clearing fees and local sales taxes (if any levied by the country of shipping destination). Payment of these is necessary to release the Product from customs on arrival. As The Book Heritage is unable to advise the amount, Buyer is recommended to inquire about this information locally before placing its order.
5.3. Unless specified otherwise by The Book Heritage, all products are priced in USD. Payments are possible using any traded currency available on The Book Heritage, knowing that the amount will be automatically converted to USD by The Book Heritage’s currency converter based on the rates of the day, and all exchange rate fees will be borne by Buyer. Payments will be free of deduction, exchange and demand to The Book Heritage, upon the payment methods made available to Buyer and detailed hereinafter.
5.4. The Book Heritage shall not be liable to any Buyer/person for any loss, damage incurred or inconvenience suffered in the event The Book Heritage declines to fulfill an order for whatever reason including, but not limited to, an unforeseen circumstance (e.g. lack of availability, quantity or specification etc.) as the case may be.
6.1. Buyer acknowledges that most Products are of an age and condition, and thus may not be in perfect condition.
6.2. As much as The Book Heritage tries to reflect the actual product dimensions, characteristics and price to the best of its knowledge; The Book Heritage is not liable for situations where displayed pictures differ from the actual product.
6.3. The exact color, the age indication and any other description specifications of the Products are excluded from the agreement on characteristics, since there may be variations between the descriptions and photos displayed on the internet and the actual product.
6.4. The Book Heritage expressly excludes all warranties, descriptions, representations or advice rendered as to the Product’s fitness or suitability for any purpose, tolerance to any conditions, similarity to sample, merchantability or otherwise supplied, to the fullest extent permitted by law.
6.5. No representation or warranties are made by The Book Heritage as to whether any product is subject to copyright or whether Buyer acquires copyright in any product
7.1. Authenticity shall mean guarantee against counterfeit. No Product shall be considered a counterfeit by reason only of any damage and/or restoration and/or modification work of any kind (including repainting or over-painting)
7.2. If a Product is a copy or replica of a genuine item, The Book Heritage will classify it as a copy.
7.3. The Book Heritage guarantees that the purchased Product is not a forgery made with intention to deceive Buyer as to the creator and the material. The guarantee relates solely to expressly stated information about the creator, and the material of the Product evaluated to the best of our knowledge and according to the technical and scientific knowledge available at the time of purchase.
7.4. The Book Heritage shall not be held liable for the correctness of any statement as to authorship, origin, date, age, attribution, genuineness or provenance of any Product nor for any other errors of description or for any faults or defects in any Product.
7.5. In the event of a dispute as to the authenticity of a purchased Product within one year as of the purchase day, Buyer and The Book Heritage shall submit the matter to arbitration. The arbitrator must be an official book expert. The arbitrator will base his decision on the generally acknowledged technological and scientific standards prevailing in the field at the time when the Product in question was purchased. The arbitrator decision shall be final and binding for both parties. If the arbitrator decides that the Product was not authentic as to the author or material description, the Product must be returned to The Book Heritage, and The Book Heritage will refund to Buyer the USD counter value of the amount paid for the Product in question, converted at the exchange rates in force at the transaction date.
8.1. The Book Heritage insures each purchase during the time it is in transit until it is delivered to Buyer.
8.2. Buyer will be asked to sign a delivery form upon receipt of the parcel, at which point the responsibility for the purchased goods passes on to Buyer.
8.3. By specifying a recipient who is not Buyer in person (for example in case of a gift), evidence of a signature at the mentioned delivery address is evidence of delivery and complete fulfillment by The Book Heritage, and therefore equally transfers the responsibility to the Product’s receiver.
9.1. The Book Heritage makes sure to describe the Products to the best of its knowledge and to report their conditions in the most accurate ways. All Products are sold AS IS and sales are final except for restrained cases detailed herein after where Return and/or Refund are allowed.
9.2. If, despite all efforts, Buyer is not happy with the Product, Buyer can return it to The Book Heritage provided that it reaches The Book Heritage office in the same condition it was originally in, and doesn’t fall under the non-returnable Products list (mentioned in the Products description). Important note: It is strongly recommended that Buyer checks the package before signing the shipper’s proof of delivery, as the liability is entirely transferred to Buyer once the document is signed.
9.3. To return a Product for any other reason, Buyer shall send The Book Heritage an email within 48 hours of receiving the Product. Buyer must include the reason(s) of returning the Product as well as the Product reference number in the e-mail. On receipt of said notice, customer care will send a confirmation email and the return shipping address of the Product, after which the order must be shipped back to The Book Heritage within seven (7) working days. As a proof of shipping, Buyer must send via email the tracking number of the order by replying to the confirmation e-mail within the previously mentioned delay.
9.4. All Products must be returned in their original condition, with their original packaging, and from the country where the order was delivered to. The return address will depend on the original location of the Product and will be mentioned on the documents of delivery.
9.5. Buyer must use a secure, traceable means when shipping Product back. The Book Heritage advises that Buyer retains proof of sending, in case of a dispute. The Book Heritage also recommends that Buyer insures the return shipment as Buyer is liable for any damage caused to the Product during the shipping back to The Book Heritage’s warehouse.
9.6. Buyer covers the shipping fees to return a Product except in the unusual circumstance where the Product was damaged beyond the point of repair or a wrong Product has been shipped to Buyer. (Please refer to paragraphs below for full details).
9.7. Upon receiving the returned Product in its original condition, The Book Heritage will refund the full value of the order minus: · Applicable shipping costs: if any free shipping or shared shipping were applied to the Product during the purchase process. · Customs and duties of the returning country: customs and duties that apply when shipping back to the warehouse where the Product was originally located. · Any payment related fees incurred during the transaction (Bank, Payment Gateways etc.). A detailed list of these fees will be emailed to Buyer once The Book Heritage receives the merchandise and processes the refund.
10.1. If the content of the package is damaged, Buyer shall not sign the proof of delivery.
10.2. Buyer shall ask the representative to take the package back to the shipper’s premises, and send The Book Heritage an email to firstname.lastname@example.org within 48 hours as of delivery date and time to report the incident. An investigation will be launched in order to assess the damages. Further to the investigation report, if the damage incurred was not caused by Buyer, and since almost all Products are unique pieces, compensations will consist of either repair or refund. Cases are handled individually depending on the gravity of the damages. If the Product is deemed irreparable, Buyer’s payment will be refunded.
11.1. In the unusual circumstance where the wrong Product has been shipped to Buyer, the latter will not sign the proof of delivery, and should send The Book Heritage an email to email@example.com within 48 hours to report the incident. In such case, The Book Heritage will cover the return shipping fees of the Product and ship back your actual Product within the shortest possible delays.
Limitation of liabilities
12.1. The Book Heritage shall not be liable for any consequential, indirect or special damage, loss or injury arising directly or indirectly from any defect in or non-compliance of the Product or any other breach of The Book Heritage’s obligations hereunder. In worst case scenario, such liability shall not in any event exceed an amount equivalent to the price of the product(s).
12.2. Both The Book Heritage and the delivery company will not be held responsible for any damages or loss of products after delivery. Buyer shall not use the Product in any manner and/or for any purpose for which they are unsuited for and shall be responsible for using all necessary skill and care in handling and using the Product. Buyer expressly agrees that The Book Heritage assumes no obligation or liability for any advice or information given with the Products, and The Book Heritage assumes no responsibility for any inaccuracy or misstatement of any such information. Buyer assumes all risks connected with the use and storage of the Product.
12.3. Buyer unreservedly acknowledges and agrees that he/she assumes all risk in connection with the use of this site. The Book Heritage shall not be liable for any direct, indirect, consequential or punitive damage or loss of profits or loss of revenue however arising from the use of, access to the site. Without limitation to the foregoing.
12.4. This site and all information contained herein is provided on a “as is” basis without any implied or express warranty including of any implied warranty as to title, quality, merchantability, fitness for purpose, or non- infringement. To the fullest extent permitted by law, The Book Heritage shall not be liable for any error or omission in the content of the site including any damage or injury arising out of or in connection with any access or use of the site whether such damage/injury is caused by failure of performance, error, omission, defect, delay in operation, computer virus, theft etc.
12.5. The Book Heritage shall not be liable to Buyer for any financial loss arising out of the refusal, cancellation or withdrawal of any order for any reason.
12.6. No warranty or guarantee (including those imposed by law) applies in respect of the Products supplied by The Book Heritage.
12.7. You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such law
13.1. Photographs and images featured on The Book Heritage’s website are representations of actual products only and variation may apply from time to time. Whilst every care is taken to ensure that product representation and information are as accurate as possible, The Book Heritage is not liable should there be any variation with the actual physical products.
13.2. The rights to the pictures, marks and trademarks in this website belong exclusively to The Book Heritage and cannot be reproduced or published in whole or in part without the prior written permission from The Book Heritage.
13.3. The Book Heritage cannot be held responsible for any inaccuracy or omission. The Book Heritage will attempt its best to fulfill orders placed by Buyers. In the event that an ordered product is not available, The Book Heritage reserves the right not to replace it with a similar Product of equivalent value.
13.4. Prices quoted on The Book Heritage are strictly applicable to this Internet Online Service only and are subject to change without prior notice.
13.5. Buyers are strongly advised to check the Product purchased at the time of acceptance to avoid any possible dispute. All products leaving our distribution center have been checked for quality.
13.6. Whilst all attempts will be made to ensure The Book Heritage’s website access is available all the time, occasionally the Site may undergo repairs, maintenance or the introduction of new services. The Book Heritage will ensure that such interruptions are limited and will not affect Buyer’s transactions and interaction with the site.
13.7. After the date of delivery of the products to Buyer, The Book Heritage shall not be liable to carry out any service, maintenance or repair work on any of the Products.
13.8. Neither The Book Heritage nor its employees shall, in any circumstances whatsoever, including negligence of any degree on their part or a breach by The Book Heritage of its obligations under these Terms and Conditions, be liable to Buyer or any other person for any direct/indirect loss, penalty or damage, including loss of profits or consequential, exemplary or incidental losses suffered as a result of these Terms and Conditions or the disposal or use of the Products.
13.9. Buyer agrees that The Book Heritage technology, information and all documents and notes pertaining thereto remain the exclusive property of The Book Heritage and Buyer will not copy, adapt or use The Book Heritage’s technology or The Book Heritage information either directly or indirectly other than as set out in these Terms and Conditions.
14.1. Should Buyer breach in any way any material provision of these Terms and Conditions, The Book Heritage will be entitled to cancel his order. If such breach is repeated, The Book Heritage reserves the right to cancel Buyer’s account and ban him from re-registering on its website and can undergo legal and penal measures proportionate to the damage caused.
14.2. In the event that either party is unable to perform any obligation hereby due to any circumstances beyond its control, including but not limited to civil strife or the action, intervention or decree of any government, and such circumstances are not caused by the fault of the party and continue for a period of at least thirty days, The Book Heritage may terminate the order without written notice to Buyer.