Living Books Marketplace LLC
Effective February 1, 2020
This agreement between you and Living Books Marketplace LLC (“LBM”) explains how you can use our website and buy products listed on our website (“Marketplace Offerings”). Use of LBM’s website is governed by this agreement. By registering as an LBM user, you acknowledge and signify that you have read, understood, and agreed to be bound by this agreement.
1. Who is Living Books Marketplace?
LBM operates a website, LivingBooksMarketplace.com (“the Site”), that allows registered LBM users (“Users” or “Buyers”) to purchase new, used, rare and out-of-print books and curriculum items related to Homeschooling (collectively, “Marketplace Offerings”) from sellers around the world (“Sellers”) acting on their own behalf.
2. Who Can Be a User?
Only individuals and businesses that are legally entitled to enter into legally binding and enforceable contracts may register to be a User and purchase items through the Site. Users must comply with all applicable laws. Users should be at least 18 years of age to register for the site or use the Marketplace Offerings.
All information submitted by Users through the Site, including registration information, payment information, and transaction-related information must be true, accurate, current and complete.
Passwords must be kept confidential and not disclosed to or shared with any other person. You are solely responsible and liable for any use and misuse of your password and for all activities that occur under your password. You must immediately notify LBM of any unauthorized use of your password, or if you know or suspect that your password has become known to any other person. LBM is not under any obligation to verify the actual identity or authority of the user of any password.
Upon registering with LBM, you agree to have your email address added to the LBM Newsletter subscription list. If you wish to unsubscribe, that can be done at any time through the links provided in the email sent to you.
3. How This Works
The Site is a marketplace for Sellers and Users. Users buy Marketplace Offerings from Sellers, not from LBM. Buyers authorize LBM to act as their limited representative solely to conclude, on their behalf, sales contracts directly between them and the Sellers for sales of Marketplace Offerings. LBM only facilitates transactions, and does not enter into any sale or purchase contract in its own name on behalf of Buyers or Sellers. LBM is not the agent of the Sellers. Only Buyers and Sellers (not LBM) are responsible for all transactions through the Site and the terms and conditions of all transactions.
Orders placed through the Site are forwarded to the selected Seller by electronic mail (e-mail) for acceptance and fulfillment by the Seller.
Sellers may not redirect Buyers away from LBM to an alternative sales channel. Email addresses, phone numbers, and website URLs are permitted only in the fields specifically intended for them. Sellers found to be redirecting customers as an alternative to completing a purchase via LBM are subject to suspension or termination of selling privileges. See Seller’s Agreement.
Payment via PayPal (allowing credit cards) may be used to purchase on our Site. You agree to provide current, complete, and accurate purchase and account information for all purchases of the Marketplace Offerings made via the Site. You further agree to promptly update account and payment information, including email address, shipping address, payment method, and payment card expiration date BOTH ON THE SITE AND IN PAYPAL so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. All payments shall be in U.S. dollars.
You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping/handling fees, and you authorize us to charge your chosen payment provider (via PayPal) for any such amounts upon placing your order. Shipping fees are calculated based on the exact weight of Marketplace Offerings – this does not include any packaging materials necessary for safe shipping (i.e. packing paper, bubble/plastic wrap, bag, box, tape, etc.). Therefore, the Site will add a $1 (one U.S. dollar) handling fee paid by you to EACH Seller to offset the cost of the additional weight/supplies for each package.
4. Buying on Behalf of a Third Party
If a User places an order on behalf of another person, this third party’s contact information must be communicated to the Seller, along with the User’s information. A seller is not required to communicate with the person that an order was placed on behalf of. All shipping information must reflect the proper recipient BEFORE processing the order. In order to take advantage of PayPal’s Buyer and Seller Protection Policies, we can only ship to the address in the system at the time the order was processed.
5. Return Policy
If you (the “Buyer”) are dissatisfied with your purchase, you may be eligible for a refund within 30 days of the estimated delivery date. Refer to the “LBM Return Policy” below for details on how to initiate returns.
(FYI: If you need to return an item that was purchased on your behalf, the User who made the purchase will also have to initiate the return.)
Buyers are eligible for a refund within 30 days of the estimated delivery date if you are dissatisfied with your purchase due to an error on the Seller’s part or if the item does not arrive. Refund amounts are based on the return reason. If the return reason cannot be determined, the minimum required refund amount is equal to the item price.
Incorrect Item/Not as Described/Damaged
Buyer is eligible for a full refund of the purchase price, including original shipping costs, if your return is the result of an error on the Seller’s part. If you receive the incorrect item or if it arrives damaged, you’ll also be refunded return shipping equal to the original shipping charge. If returning due to receiving incorrect item, pictures of the item are required from Buyer. To receive a refund, you must return your item directly to the Seller within 30 days of the estimated delivery date and in the same condition you received it in. If the Seller does not wish to reclaim the item, then the Buyer is refunded the item price and original shipping only.
For items returned as ‘Not as Described,’ return shipping amounts are refunded at the Seller’s discretion. Pictures of the Not as Described item are required from Buyer. If the claim is substantiated, the Buyer is refunded the item price, original shipping, plus return shipping equal to the original shipping. If the Seller does not wish to reclaim the item, then the Buyer is refunded the item price and original shipping only.
Shipment Did Not Arrive
Buyer is eligible for a full refund of the purchase price, including shipping costs, if your shipment hasn’t arrived as of the Estimated Delivery Date, up until 30 days past. If the Seller provides tracking information indicating the shipment was delivered, the refund request is void.
In cases where the shipment is returned by the shipping service to the Seller for any of the following reasons, the refund includes the item price only (not including shipping charges): incomplete/incorrect address, unclaimed, returned to sender, or similar.
Buyer Does Not Want Item
The majority of our Sellers are happy to accept returns if a Buyer has changed their mind about an item. We recommend contacting the Seller directly before initiating these returns, as otherwise the return may be cancelled.
The Seller is not required to accept a return for this reason and may choose to cancel your return request if it’s against their store policy or if the item has already shipped. The Seller will notify you by email within 2 days as to whether your return is accepted or cancelled. For these returns, if the item is returned in the same condition as you received it, you’ll be refunded the price of the item (not including original or return shipping charges).
If you are dissatisfied with your purchase for any reason but still wish to keep the item, you can negotiate a partial refund with the Seller for an amount that is agreeable to both parties. Partial refunds can be issued on the item price, the shipping amount, or both. Please note that while you may request a partial refund, the Seller is not obligated to provide one and, depending on your reason for the request, they may prefer that you return the item for a full refund instead.
Return shipping is calculated as equal to the original shipping cost and when refundable, is added to the refund upon return receipt of the item by the Seller. Return shipping labels are NOT provided. Your refund will be processed to your PayPal account once the Seller receives the item back. We recommend that you use a trackable method of shipment for returns; if the item doesn’t arrive and tracking isn’t provided, the refund will be cancelled. Once a return/refund request has been cancelled, you cannot submit another return/refund request.
Return Dispute Resolution:
All return disputes are to be handled between the Seller and Buyer. Returns should be processed online once a resolution is reached. LBM will rarely participate in dispute negotiations, so Sellers and Buyers must act in accordance with all LBM policies, guidelines, the User Agreement and the Seller Agreement, or risk termination of buying and selling privileges from the LBM website.
6. Misprints and Orders
Although LBM strives to provide reliable and current information on the Site, misprints or other errors may occur. LBM reserves the right to change information on the Site at any time and from time to time without any notice or liability to you or any other person. We reserve the right to discontinue any Marketplace Offerings at any time for any reason.
We make every effort to display as accurately as possible the colors, features, specifications, and details of the Marketplace Offerings available on the Site. However, we do not guarantee that these details will be accurate, complete, reliable, current, or free of other errors, and your electronic display may not accurately reflect the actual colors and details of the products. All Marketplace Offerings listed on the Site are subject to availability, and may not be available when ordered or afterwards.
The Marketplace Offerings listed on the Site are invitations for purchase orders, and shall not constitute binding offers to sell. Your properly completed and delivered order form constitutes your offer to purchase the Marketplace Offerings referenced in your order. Your order will be accepted only if and when the Seller sends an order acceptance and shipping notice to your e-mail address.
7. Guidelines for Reviews
We may provide you areas on the Site to leave reviews or ratings. When posting a review, you must comply with the following criteria: (1) you should have firsthand experience with the person/entity or Marketplace Offering being reviewed; (2) your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language; (3) your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (4) your reviews should not contain references to illegal activity; (5) you should not be affiliated with competitors if posting negative reviews; (6) you should not make any conclusions as to the legality of conduct; (7) you may not post any false or misleading statements; and (8) you may not organize a campaign encouraging others to post reviews, whether positive or negative.
We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by LBM, and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.
8. We Respect Your Privacy
9. Warranty Disclaimer and Liability Exclusion and Limitation Clauses
Since LBM is not a party to any transactions through the Site, LBM does not give any representation or warranty regarding any transactions or any of the Marketplace Offerings. LBM has no control over or liability for the quality or legality of the Marketplace Offerings advertised, the truth or accuracy of the listings, or the ability of Sellers to sell Marketplace Offerings.
The Site is provided on an “as is” and “as available” basis, and without any representations, warranties or conditions of any kind, whether express or implied, and including without limitation implied conditions, warranties or representations of merchantability, fitness for a particular purpose, performance, durability, security, availability, or accessibility, all of which are hereby disclaimed by LBM to the fullest extent permitted by law.
Regardless of the nature of the claim or the reasons for the loss and damages, LBM’s liability is limited to foreseeable and typical damages. LBM will not under any circumstances be liable to you for any loss of use, loss of production, loss of income or profits (anticipated or otherwise), loss of markets, economic loss, special, indirect or consequential loss or damage or punitive damages, whether in contract, tort or under any other theory of law or equity, arising from, connected with, or relating to the use of the Site by you unless it concerns the loss of life, injury of body and/or physical health.
In no event will LBM’s total liability to you or any other person for any claims, proceedings, liabilities, obligations, damages, losses, and costs, whether in contract, tort or under any other theory of law or equity, and regardless of any negligence or other fault or wrongdoing by LBM or any person for whom LBM is responsible, exceed the lesser of US$25 or the purchase price of the Item that is the subject of the claim.
The exclusion of certain warranties and the exclusion or limitation of certain liabilities is prohibited by law in some jurisdictions. Such limitations may apply to you. The warranty disclaimer and liability exclusion and limitation clauses survive indefinitely after the termination of this agreement.
10. Legal Claims
For all disputes between LBM and you or any other person arising from, connected with or relating to the Site, this Agreement, transactions facilitated or conducted through the Site, Marketplace Offerings ordered or purchased through the Site, dealings between you and LBM, or any related matters or any legal relationship associated therewith or derived therefrom (“Disputes”), the relevant parties will attempt to find a reasonable solution least onerous to the parties. If a Dispute cannot be resolved informally by the parties, then the Dispute Resolution and Arbitration section outlined in the LBM Terms and Conditions will apply.
11. How Do You or LBM End This Agreement?
You or LBM may terminate this Agreement at any time with immediate effect and without any prior notice. LBM may at any time and in its discretion immediately suspend or terminate (in whole or in part) your permission to use the Site without any notice or liability to you or any other person.
If this agreement or your permission to use the Site is terminated by you or LBM for any reason, this agreement will nevertheless continue to apply and be binding upon you in respect of your prior use of the Site and prior purchases of Marketplace Offerings through the Site and anything connected with, relating to or arising from those matters.
12. Changes to Site, Policies and Procedures, and this Agreement
LBM may, in its discretion, change, suspend or terminate, temporarily or permanently, the Site or any part of it at any time, for any reason, without any notice or liability to you or any other person.
LBM may, in its discretion, change, supplement or amend its policies and procedures and this agreement as they relate to future use of the Site from time to time and without any notice or liability to you or any other person, by posting revised documents on the Web site. You may not change, supplement or amend this agreement or any LBM policies or procedures.
Thank you for registering with Living Books Marketplace! We look forward to serving you as a valued customer!