Allgemeine Geschäftsbedingungen BiblioCopy GmbH
Last updated: January 2024
1. General – Scope
These general terms and conditions apply exclusively to all services, deliveries, contracts and quotations provided by BiblioCopy GmbH, unless amended or restricted by another agreement confirmed and signed by BiblioCopy in writing. They also apply to all orders submitted to BiblioCopy digitally. Any differing terms must be agreed in writing.
2. Quotations, prices and payment terms
Unless otherwise stated, all prices include VAT at the applicable statutory rate.
Payment for scans and prints made on the self-service devices is processed after identification with Stabi Berlin library card and automatically deducted from the copy credit added through BiblioCopy.
Products ordered in writing, verbally or digitally are invoiced in advance and must be paid by bank transfer. The invoice amount must be transferred to the account specified by us within 14 days. We reserve the right to charge reminder fees for late payment.
If an invoice has to be reissued for reasons attributable to the customer, we charge an administration fee of €10 per invoice. The services supplied remain the property of BiblioCopy until payment has been received in full.
3. Copyright
Anyone using the self-service equipment or ordering reproductions agrees to observe and comply with the statutory provisions of German copyright law, in particular sections 53 and 60c.
Users are responsible for compliance with any other applicable rights, such as the personality rights of people shown and design and trademark rights. This includes protecting artists' rights under the German Copyright Act (UrhG) when reproducing works of art that remain protected by copyright.
BiblioCopy accepts no liability for any loss or damage arising from unauthorised reproductions.
4. Liability, safekeeping and order processing
Faulty scans or prints resulting from user error cannot be the subject of a complaint. Faulty scans or prints caused by an equipment or maintenance error for which BiblioCopy is responsible must be reported immediately.
Where a justified complaint about a delivery or order is clearly attributable to faulty processing, BiblioCopy is obliged to remedy the defect and/or provide a replacement up to the value of the order. Minor differences from the original, such as colour variation, cannot be the subject of a complaint for reproductions and especially print jobs, as they may occur even when the greatest care is taken, for example because of colour calibration, different software and versions, file conversion or missing fonts. We reserve the right to decline third-party material and process it at the customer's risk.
Originals and other materials entrusted to BiblioCopy are handled and stored with care until delivery. BiblioCopy is liable for damage or loss only in cases of intent or gross negligence. Any loss of or damage to originals entrusted to BiblioCopy must be reported within one week. The customer must provide evidence of the amount of loss or damage and take steps to prevent or mitigate it. No liability is accepted for originals, other materials or storage media that are not collected within six weeks after completion of the order, unless otherwise agreed in writing.
Customers submitting data to BiblioCopy must retain a backup copy; BiblioCopy accepts no liability for data loss.
5. Use of self-service equipment
Use of the self-service equipment requires users to know and follow the operating instructions. Equipment notices and staff instructions must be followed. Customers are liable for faulty copies, faults and damage caused by improper use and/or gross negligence.
6. Validity and transferability of copy-card credit
Copy credit purchased from BiblioCopy remains valid for no more than three years unless further credit is added. If the copy-card system is replaced for technical reasons and cards must be exchanged, credit can be transferred or refunded only within one year of that event. BiblioCopy GmbH does not compensate for lost copy cards. Existing credit can be transferred to a new card on presentation of proof of identity and confirmation of lawful prior ownership of the library card. There is no entitlement to an immediate transfer because the credit and any discounts granted must first be verified against the data on the BiblioCopy credit server.
7. Refunds of remaining copy-card credit
Remaining credit is refunded only on written request and is subject to a €5 fee. The amount, less any discount granted, is credited to the bank account provided. Cash refunds and transfers to bank accounts outside the EU are not possible. The copy credit associated with the relevant user number then expires.
8. Loss of or damage to copy cards; blocking copy credit
Neither BiblioCopy nor Stabi Berlin is liable for copy credit if a copy card is lost or damaged.
Credit can be blocked on request for a fee of €3. You must provide the user number, name and a contact email address. Remaining credit can be transferred only at a BiblioCopy service point on presentation of the new SBB library card and proof of identity.
9. Data protection
BiblioCopy processes customers' personal data for specified purposes and in accordance with legal requirements. Confidential data and information of any kind supplied by clients or customers is used only for BiblioCopy's own purposes, such as completing orders, applications and statistics. This data is treated as confidential and is not disclosed to third parties who are not involved in the relevant process.
BiblioCopy complies with applicable data-protection legislation, including and especially in relation to customers' confidential business documents.
10. Place of performance and jurisdiction
Berlin is the place of performance for deliveries and the place of jurisdiction.
11. Severability clause
If any provision of these general terms and conditions is invalid, the remainder of the contract remains unaffected. The relevant statutory provisions apply in place of any invalid term.