Terms & Conditions

BklynBooks Terms (03/01/2020)

The following terms and conditions apply to all transactions involving BklynBooks, a corporation incorporated in the state of New York  ("seller") including but not limited to sales and purchases of bulk lots and other goods by BklynBooks Inc and its customers ("buyer"). 
These conditions are accessible for all parties on the BklynBooks website at https://www.bklynbooks.com/terms.html and apply to all transactions involving seller and buyer even if these terms are not explicitly mentioned in a specific form of communication, for example but not limited an email, verbal communications, or an invoice.
By placing an order buyer explicitly confirms that he has read and irrevocably accepted these terms and conditions which should supersede all verbal or written communications with seller and stipulations by employees, journalists, bloggers, payment processors, or other service providers.

1. BklynBooks Inc might act as seller, broker or consignor for inventory sold by the seller to the buyer, i.e. BklynBooks Inc might own the inventory in question or broker a sale between two parties or sell on consignment. Nevertheless the descriptions and representations made by seller on its website at www.bklynbooks.com will be legally binding with Bklynbooks Inc being the responsible party even in cases when BklynBooks Inc acts as a broker or consignor. 
2. All goods are sold as is, i.e. as pictured and described at seller's website at www.bklynbooks.com. Other representations in advertisements, phone calls, or other verbal or text based communications might apply to other lots or other inventory. For the purpose of a sale the only legally binding representations can be found at seller's website at www.bklynbooks.com and the detailed description of the lot under the appropriate tab. All invoices include a link to the description of the respective lot at above website.
3. Goods are considered "shipped" as soon as they have been loaded onto the truck of the freight carrier and the Bill of lading (BOL) has been signed by seller and the truck driver employed or contracted by the freight carrier. Goods are considered as "received" by the buyer as soon as the freight carrier has delivered them to the address designated by the buyer and as soon as the buyer or buyer's representative have signed the Bill of Lading (BOL).
4. In the case of shipment by Fedex, UPS, USPS or similar carriers, goods are considered "shipped" as soon as seller has created a tracking number and handed the goods to the carrier. Goods are considered as "received" by the buyer as soon as the carrier's tracking information shows them as delivered.
5. In the case of in-person pick up or in-person delivery goods are considered "shipped" as soon as goods have been paid in full and as soon as they have left the respective warehouse of BklynBooks Inc. 
6. The writing or labeling on individual gaylords or cardboard boxes has absolutely no relation to the contents of that specific gaylord or cardboard box received by buyer because seller reuses these packaging materials several times. 
7. Although seller secures freight using pallet wrap seller's packaging is not considered "weather proof," i.e. cardboard boxes or pallets holding gaylords or cardboard boxes should at no time be exposed to wet or snowy weather during or after delivery. Seller or seller's freight insurance company can not be held responsible for damages caused by exposure of the freight to wet or cold weather. 
8. BklynBooks Inc is not responsible for delays in shipping or transport. Ship dates and transit times are good faith estimates, not enforceable guarantees. 
9. It is understood that goods that are part of a specific bulk lot are not shown in pictures or videos. Even when bulk lot listings are accompanied by photos or videos buyer understands and accepts  that not all items that are part of the specific lot are shown in the pictures or videos posted on seller's website. 
10. Due to the nature of the business (wholesale trade of used- or pre-owned goods), the extremely high shipping costs compared to the price of goods, the extremely low per-item cost, and the risk of mismatching inventory bought from seller with other inventory BklynBooks doesn't offer returns or refunds for any reasons. BklynBooks doesn't pay shipping or freight costs for returning items and doesn't accept returns if buyer pays for return shipping or freight costs. 
11. Seller doesn't offer any description of goods other than the text of the invoice and the description on seller's website. 
12. It is understood that item descriptions and categorizations have a subjective component and that human error can occur in wholesale lots of used and pre-owned goods, especially in lots of 1,000 items or more. Both seller and buyer therefore assume an error rate of 5% of the total lot size. If one of the participants in the transaction thinks that the margin of faulty or misclassified items is larger than 5% the buyer has to file a claim with the seller and extensively document his claim with close-up photographs within three calendar days of receiving the freight including the day the goods were received. In the case the claim is recognized as valid and justified by the seller, the seller offers a store credit for future orders only (no returns or refunds). 
13. Lots are not considered sold or acquired unless the amount has been received in full by the seller and the lot has shipped, i.e. left the seller's warehouse. Written or verbal communications don't entitle any of the parties to transactions regarding specific bulk lots. Seller must have received full payment in seller's bank account and the lot must have been shipped or picked up from seller's warehouse before the lot is considered sold and before buyer is entitled to acquisition of the lot.
14. In the case of damages to specific lots in shipment buyer has to cooperate with the freight insurance inspection process in a satisfactory manner to the freight insurance company. The liability of BklynBooks Inc to the buyer of the lot is limited to the amount seller receives as compensation for the damages from the freight insurance company. BklynBooks Inc is not responsible for any excess damages above the amount refunded by seller's freight insurance.
15. All claims regarding goods damaged in transit have to be filed in writing and with proper documentation including detailed pictures within three calendar days counting from the day the freight was received by buyer. 
16. Buyer and seller agree that in the case of a dispute seller's financial and legal responsibilities are limited to the amount of the asking price for the lot(s) in question. In the case of a dispute, seller should not be responsible for any ancillary damages in addition to and exceeding the price of the lot(s) in question. 
17. In the case that there is more than one buyer willing to buy a specific lot at the asking price, the selling format will change to an auction format in which each bidder will have the option of entering three bids within a three calendar day period. The minimum increase per bid is $500. Upon the end of the three-day period or after all other bidders have dropped out, seller will award the specific lot to the highest bidder. 
18. Exclusive jurisdiction for all legal disputes is Queens County in the State of New York. 
19. The officers and employees of BklynBooks Inc are not legally responsible as individual persons. All legal responsibility lies with BklynBooks Inc, not its employees, contractors, or officers. 
20. BklynBooks Inc is not responsible for typographic errors, misspelled text or numbers, especially regarding prices, quantities, and descriptions. 
21. Prices, quantities, and descriptions for example but not limited to emails, verbal communications, advertising, website postings, videos, and all other means of advertising or promoting goods are subject to frequent and immediate changes without further notice. Past prices, quantities, and descriptions by seller do not constitute an obligation to sell at these prices, quantities, and descriptions at any future time. 
22. Seller makes no assurances or guarantees regarding metrics and descriptions not stated as facts in the offering of goods, for example but not limited to metrics such as "sales rank," "yield," "profit," "turnover," or "velocity." All these metrics are understood to be dependent on the specific parameters set by each individual buyer as are estimates or guesses by seller about the metrics above or any other metrics.