Terms and conditions of sale

2020-01-13

General

Under the trade name "Bokbörsen", Bokbörsen AB (Swedish organisation number 556811-6601; hereafter referred to as “Bokbörsen” or “we”) provides on the websites www.bokborsen.se and www.bokborsen.com (together the ”Website”) an online marketplace for books and other printed matter, letters, manuscripts, records and films, where private individuals and companies can participate as customers and/or sellers.

Bokbörsen provides advertising space and tools to facilitate sales and purchases. However, is not a party to the transactions initiated on the Website and holds no responsibility for the condition, appearance or contents of the items that are advertised for sale. The purchase agreements are made directly between buyer and seller.

Together with the document “Bokbörsen’s fees” and “Integrity Policy”, this document specifies the terms for registered sellers’ use of the services offered on Bokbörsen’s Website.

The general conditions described in this document apply to all sales made through Bokbörsen. It is not permitted for sellers to add their own terms or conditions in their advertisements that either conflict with or go beyond those explained in this document.
Bokbörsen retains the right to change the terms of this agreement without prior notice. Registered sellers will be informed as soon as an alteration has been made.

Become a seller

In order to place advertisements and receive orders through our Website, companies and private individuals must first register as sellers (forthwith, the “Seller”). The registration process implies that the Seller has read and accepted the terms described in this document. If information from the Swedish Civil Register or Swedish Company Register can be obtained using the Seller’s Swedish personal or organization number, the Seller registers online on the page “Become a Seller”. Sellers who do not have a Swedish personal or organization number must instead register with and be approved by Bokbörsen’s administrators.

Private individuals who sell items via Bokbörsen may choose to protect their identity on the Website’s public pages by choosing an alias instead of the name under which they are registered in the Swedish Civil Register. However, as soon as the Seller has confirmed an invoiced order or received payment for a prepaid order, the customer will be able to see the Seller’s name and address as it stands in the Swedish Civil Register. The Seller’s name and address will also be visible on the Seller’s invoices. We do not provide any method of anonymization to Sellers that are organizations. In this case, we use the organization’s name from the Swedish Company Register both on the Website’s public pages and in the handling of orders.

Advertising - general

Only physical items that fall within one of the three categories "books and other printed materials, letters and manuscripts", "records” and "cinematographic films" may be advertised and sold through Bokbörsen.

If more than one item is for sale in the same advertisement, the price should be set to cover all of the items listed. In this case, the items cannot be ordered individually.

The contents of the advertisements should be factually correct and contain sufficient information for a purchaser to make a properly informed choice.

The Seller is not permitted to advertise companies or activities of any kind in the advertisement. Nor may they add links or references to other Websites, email addresses or computer codes of any kind.

The Seller’s responsibility for advertisements etc.

The Seller must be the owner of and have the right to sell advertised goods.

Advertising and sales should take place in accordance with Swedish law. This means that materials that are in breach of a third party’s copyright or intellectual property rights may not be advertised. Nor may materials be advertised if they contain text or images that may be considered defamatory, contain agitation against ethnic group, child pornography or illegal depiction of violence, or encourage criminal activity.

Advertisements may not contain text or images that may be considered objectionable or that may in any way damage Bokbörsen’s reputation as a serious marketplace for books and other printed materials, letters, manuscripts, records and cinematographic films. We have a restrictive policy regarding erotica and pornography. Explicitly pornographic images and texts are prohibited in the advertisements. Our policy regarding materials that promote violence or racist ideas is likewise restrictive.

We reserve the right to decide case by case what is permissible in advertisements.

The Seller alone is responsible for ensuring that text and images in their advertisements, including concealed search words that are detectable by Bokbörsen’s search engines, are in accordance with applicable laws.

Should legal demands be made of Bokbörsen because of a Seller’s advertisement and/or text or image content of the advertised goods, the Seller is responsible for ensuring Bokbörsen’s indemnity.

The Seller must reimburse Bokbörsen for any costs arising from such a situation and ensure that Bokbörsen suffers no economic or other harm as a consequence of prohibited advertising and/or sales.

Insofar as it is legally permissible, the Seller shall take the place of Bokbörsen as party to any dispute with a third party arising from the Seller’s advertisement or sales of goods through the Website.

Advertising – Bokbörsen’s rights etc.

Bokbörsen retains the right to temporarily or permanently remove registered Sellers that we deem to be acting in breach of the terms of this agreement. The Seller’s advertisements will then no longer be visible on the Website.

Bokbörsen also retains the right to delete advertisements that we consider do not meet these terms and requirements. The Seller will be informed if such measures are taken. A seller who is requested by Bokbörsen to remove or delete existing advertisements that we judge to be in breach of the terms must do so as soon as possible.

Bokbörsen has the right to publish statistics on the Seller’s management of orders.

Bokbörsen has an unlimited right to publish the Seller’s advertisements in part or in their totality on the Website and on the websites and other media of our partners. This right includes images that the Seller may have used in their advertisements. We also have an unlimited right to process the Seller’s advertisement data as we find appropriate and/or necessary. We are also entitled to store advertisement data.

Bokbörsen is not obliged to extract and compile the Seller’s advertisement data from our database and send to the Seller. Nor do we provide this service for payment.

The Seller agrees not to use automatic methods such as scraping, robots or spiders, to extract their own or other Sellers’ advertisement data or in any way try to make unauthorized copies from advertisement data.

Orders – the Purchase Agreement

The customer’s orders appear as “orders” on the Seller’s interface after logging in to the Website. An “order” includes all the items that a single customer orders from a single seller at the same time, i.e. in a single shopping cart. New orders that the Seller has yet to confirm show no information about the customer apart from the customer’s name.

Bokbörsen notifies the Seller of new orders by email but cannot guarantee that notifications always reach the Seller. It is therefore the Seller’s responsibility to keep a regular check on the Website for the appearance of new orders.

To further process the order, the Seller must ”confirm” the new order on their interface on the Website. New orders that are not confirmed by the Seller are automatically canceled on the morning of the fourth working day after the customer has placed their order. The customer is notified of this by Bokbörsen.

When the Seller confirms an order, the following happens:

1) The size of the order is determined. In practice, this takes place when the Seller, prior to confirming the order on their interface, cancels items that cannot be delivered. Similarly, the customer is free to remove items from the order on their interface until the the Seller confirms the order.

2) A binding purchase agreement between the customer and the Seller then applies. The purchase agreement consists of the confirmed order, relevant parts of this document and relevant parts of the document “Bokbörsen’s terms and conditions of purchase” that the customer accepts when they check out from their shopping basket.

3) The method of payment is determined. The payment methods available through Bokbörsen are "domestic invoice" and "advance payment". The conditions for the choice of each payment method are described below under the headings "Domestic invoice" and "Advance payment". The management of payments is also described.

4) Depending on choice of payment method, a payment request, either an invoice or request for payment in advance, is sent to the customer electronically.

5) If the method of payment is ”Domestic invoice” Bokbörsen’s order fee will be charged. Detailed information about Bokbörsen’s fees are available in the document "Bokbörsen’s fees". The charging of the order fee when the method of payment is ”advance payment” is described below under the heading "Advance payment".

Domestic invoice (within Sweden)

When a customer places an order with a Seller based in Sweden – i.e. a Seller with a Swedish personal or organization number – to their own Swedish delivery address, a domestic invoice is the pre-selected and only payment method as long as the following conditions are fulfilled:

1) The customer has registered a Swedish “personnummer” or “organisationsnummer”.

2) The delivery address has been retrieved from the Swedish Civil Register or Swedish Company Register via the “Retrieve address” function when the customer placed their order.

3) The customer is not registered as a debtor in an active debt collection case, nor are they registered as a debtor in more than four active payment reminder cases by a debt collection service that Bokbörsen cooperates with.

4) The customer is not marked as a “advance payment customer” by Bokbörsen. Customers can be registered as a “advance payment customer” manually by Bokbörsen’s administrators or automatically after a credit check that has yielded negative results. This check is carried out automatically if the customer has more than 2 000 SEK in outstanding debts to Sellers on Bokbörsen.

5) The total value of the order including shipping fee does not exceed 1 000 SEK.

Once the Seller confirms the order, an invoice is created automatically and sent to the customer electronically. The invoice is due 21 days later. The customer’s payment goes directly to the Seller’s own pre-selected Plusgiro, Bankgiro or bank account. The Seller is not entitled to invoice the customer in any other way. The invoice that is generated automatically by Bokbörsen’s system is the only valid invoice.

With a simple click in the order on their Bokbörsen interface at least 24 days after invoicing, the Seller can activate the free service “Reminder and Debt Collection”. The debt collection is then transferred to Capitum AB (Swedish “organisationsnummer” 556969-0208; "Capitum" below) for further management, the debt collection service that Bokbörsen cooperates with. No later that two days after Capitum has received full payment from the customer, the company pays out the total original invoiced sum to the Seller’s pre-selected account. In case the customer decides to go ahead and pay directly to the Seller, it is the Seller’s responsibility to immediately mark the invoice as paid. Capitum will then receive notification from Bokbörsen that the Seller has received payment.

When “Domestic invoice” is the pre-selected and only payment method, the Seller is always offered the option to pay a higher order fee for an invoice with “payment guarantee”. This means that in the event of an invoice remaining unpaid despite Capitum’s normal reminder and debt collection measures, Bokbörsen undertakes to pay out the full value of the invoice including shipping fee to the Seller.

Advance payment

International orders, i.e. orders to or from other countries than Sweden, as well as domestic orders that do not meet the conditions 1, 3 and 4 under the heading “Domestic invoice” above, are always paid in advance.
If conditions 1,3 and 4 above are fulfilled, but not both conditions 2 and 5, the Seller may freely choose “Advance payment” or “Domestic invoice”.

When the method of payment is “Advance payment”, the customer gains access to the Seller’s payment options once the Seller confirms the order. If the delivery address is in Sweden, the client can always pay directly to the Seller’s Bankgiro, Plusgiro or bank account. The Seller can also choose to allow payment with a bank card or via PayPal. The Seller then receives payment into their PayPal account. International orders are paid by bank card or via PayPal to the Seller’s PayPal account.

In order to access the client’s delivery address, the Seller must confirm receipt of the payment. At the same time Bokbörsen’s order fee is charged. If the customer chooses to pay with a bank card or via PayPal, the payment is confirmed automatically as received. Detailed information about Bokbörsen’s fees can be found in the document “Bokbörsen’s fees”.

If the customer does not pay, the Seller may cancel the entire order no less than five working days after the confirmation of the order. If the Seller has neither received payment nor canceled the order 21 days after confirmation, the order will be canceled automatically.

The customer’s shipping fee and international sales

A shipping fee is included in every order over and above the price of the items advertised.

For domestic orders, regardless of the number of items in the order and the size and weight of the package, a domestic flat rate shipping fee decided by Bokbörsen is added automatically.

The shipping fee for orders to or from countries other than Sweden consist of two parts. Firstly, there is a ”basic fee” that is added automatically in the same way as with the domestic orders. Secondly, there is an “additional fee” that the Seller is free to add when they confirm the order to cover the extra postage for large or heavy packages. The total of the basic fee and the additional fee may not exceed the real costs of postage that the Seller pays. It is not permitted to add fees for administration, packing etc.

The Seller may select on their interface to not receive orders from overseas. Customers with delivery addresses outside of the Seller’s country of residence will then be unable to place orders with the Seller.

Customs fees, or other fees related to the importation of items ordered via Bokbörsen, are to be paid by the customer.

Delivery

The Seller should dispatch the order at the latest the second day after invoicing or receipt of advance payment. The shipment should contain exactly the same items as are specified in the confirmed order, i.e. none of the items specified on the invoice should be missing and no extra items may be added.

The Seller bears full responsibility for ensuring that the shipment reaches the customer. The Seller has no right to demand payment for items that have got lost during transport, and is also obliged to repay any advance payment for lost items in its entirety. The Seller does not have the right to demand payment for goods that have been returned by the delivery company because the package had not been collected by the recipient. Bokbörsen has the right to cancel orders that have got lost during transport or are returned, as earliest when the customer’s 21 days right of return has expired. If the Seller has used a method of delivery that is not traceable, Bokbörsen has the right to base the decision to cancel an order exclusively on the customer’s information about non-delivery.

Returns and complaints

All purchase agreements that have been made through Bokbörsen’s Website (see “Orders - the Purchase agreement” above) are covered by Bokbörsen’s special “21-days return policy”, regardless of whatever legal rights that may apply. Our return policy is unconditional, i.e. the customer does not need to provide a reason for having cancelled their purchase. The customer must pay for and take responsibility for returning the cancelled item(s) to the Seller. The Seller has no right to demand any compensation for the original shipping costs when cancelled item(s) are returned.

To activate Bokbörsen’s special return policy for a particular order, in part or in its entirety, the customer registers the return using the function “Cancel purchase” in the order on their Bokbörsen interface, where the item(s) that are to be returned are specified. The customer must then return the cancelled item(s) within two days. The returned items should be in the same condition as they were when the customer received them.

The function “Cancel purchase” is available for 21 days from the time that the Seller confirms the order but only for logged in customers. Customers who do not have an account can create one after placing an order so as to access the returns function for a particular order.

In certain cases, the client may also have statutory purchase protection or return rights over and above Bokbörsen’s 21 days return policy. In such cases, this must be handled directly by the customer and the Seller without any involvement by Bokbörsen. This applies for example to private individuals’ rights to withdrawal according to Swedish laws (2005:59) and (1990:932).

The Seller is responsible for taking action to ensure that the client’s rights regarding returns and complaints are respected. A Seller who receives returned goods should confirm this on their order interface on Bokbörsen. Any repayment to the client must be made within three working days after the receipt of the returned goods.

When a return is registered using the “Cancel purchase” function for an order that has already been invoiced, a credit note will be automatically generated when the Seller confirms receipt of the returned goods. The customer and the Seller are able to access the credit note from their respective order pages.

Responsibility

Bokbörsen cannot guarantee constant, reliable and faultless access to all of the services available on our Website and cannot be held responsible for any faults that result from problems such as text errors, technical interruptions or missing information.
Insofar as the law permits, we disclaim responsibility for loss of data and other problems that may arise in connection with the Seller’s use of the services offered on our Website.

Miscellaneous

The Seller is responsible for any taxes or other fees that legally apply to their sales through Bokbörsen.

The Seller agrees not to communicate with other users of Bokbörsen’s services in a way that could be interpreted as offensive or objectionable.

Transfer of Bokbörsen AB

If Bokbörsen AB is taken over or merged with another company, we have the right to transfer all our rights and responsibilities according to the above terms and conditions to that other company. In this case, we will post information on the Website about who is taking over these rights and responsibilities. The Seller does not have the right to transfer their rights and responsibilities according to these terms and conditions to anyone else.

Termination of this contract

The Seller may terminate this agreement by sending a message using the contact function on Bokbörsen’s Website. The agreement terminates as soon as Bokbörsen has closed the Seller’s sales account, i.e. removed the Seller’s advertisements from the public interface and blocked the Seller’s login to their interface. Removal etc. takes place three days after the Seller has notified Bokbörsen of the termination.

Bokbörsen has the right to block a Seller from advertising and selling through our Website as described under the heading “Advertising – Bokbörsen’s rights” above.

Any purchase agreements that the Seller has entered into before Bokbörsen closes a Seller’s account will remain active after the termination of this agreement between Bokbörsen and the Seller. The same applies to the Seller’s and customer’s respective rights and responsibilities in relation to returns as described under the heading “Returns and complaints” above relating to such purchase agreements.

Application of law – dispute resolution

These terms and conditions should be interpreted in accordance with Swedish substantive law.

Disputes about the validity, interpretation or application of the terms and conditions in this agreement shall be settled in a Swedish court of law.

If any of the terms or conditions stated here should be found invalid, this does not affect the validity or application of the other terms and conditions.

If there are discrepancies between the Swedish version of this document, or other documents that regulate the use of Bokbörsen’s services, and versions in other languages, the Swedish version takes priority.