BOOKS RENTAL AGREEMENT

These terms and conditions are a legal agreement between you ("you","your" or “member”) and The BooKlya LLC at its address 350 NW 116th Ave unit.105 Portland, OR 97229 ("we, "us," or "our"), establishing terms and conditions under which you will submit information to, and rent books and receive related services (“Services”) from, BooKlya LLC via our website at https://www.booklya-lib.com (the "Website").

 

Carefully read the terms and conditions of this agreement. By ordering (renting) books offered on our site, signing up for the service, you are agreeing to be bound by and are becoming a party to this agreement. If you do not agree to all of the terms of this agreement, please do not rent the books.

 

We reserve the right to change the terms of this agreement in the future and any changes will apply to the rental of books after the date of your subscription renewal.

 

1.    General terms and conditions

This Agreement contains all the terms and conditions governing your rental of books from BooKlya LLC via Website accordingly to your subscription plan. You agree that your general use of our Website, other than rental orders as set forth in this Agreement, is subject in all respects to our Website Delivery available at Delivery and Return  and Privacy Policy at Privacy Policy, as such terms may change from time to time. No other terms or conditions (preprinted or otherwise) shall have any force or effect. You agree and acknowledge that You are renting the books and that ownership of the Books remains with BooKlya LLC at all times.

 

We lend our books only to adults who may purchase a subscription package with a valid credit card or other approved payment method and provide secure damage deposit. As such, you represent that you are 18 years old or older.

 

2.    BooKlya LLC Rental service description

 

2.1.General description

Rental service allows you to rent books from us in accordance with the member's selected subscription plan or one-time rental service and these terms and conditions. With payment of the fee and secure deposit obtaining by BooKlya LLC, the member can choose and order books to rent from our online catalogue (which are available at the moment of ordering), and have them shipped to the member's address (via USPS or courier delivery). The member may rent up to 10 books at one time and ship them back once the renting period is expired.

 

2.2.Rental time

These books can be in your possession for 1 or 2 months once you receive them (according to tracking number notes). After this period you will deliver these books back via USPS in a pre-labeled and pre-paid box provided by us. The return label will be delivered to you in your box with the books. You must use the same box for your delivery. If you lose the pre-paid box or/and pre-paid label you must send books at your own expense. Since we receive the books back, you can order new books or cancel the agreement according to your subscription plan.

 

2.3.Return of the books. “Return date”

The first day after your 8 weeks-renting period will be your “return date”.

If your address falls into courier delivery, you have to place new order within 3 business days after your “return date”. See the conditions of your return books in 6.2.

If your address falls into mail delivery:

You must send all the books back within 3 business days after your “return date”. Once you send the books you have to provide us with tracking number by e-mail sending us to booklya.lib@gmail.com..

If you do not provide us package tracking number within 3 business days after your “return day”:

-          if you are subscribed to any of our subscription plans and it is not the last period of renting books: the rent of these books will be automatically prolonged for the next 8 weeks period.

-          if you are not subscribed to any of our subscription plans or it is your last delivery period of renting books: your secure deposit will be charged 1$ per book / per day of the delay up to 10 days after your “return day”.

 

If you do not provide us with package tracking number or we don’t receive books back within 10 calendar days after the “return date” it will be considered to be an anticipatory breach of contract and followed by appropriate measures.

 

2.4.First order. Next orders.

First order - Since you paid one of our subscription plans and provided us with secure damage deposit you may choose the books from our online catalogue.Your also allowed to pre-order books that are not inour catalogue yet. If these books are approved by BooKlya LLC and are on sale (used or new) you will receive them in 2-4 month after approval.

 

Next orders - Signing up for our rental service you agree to order your next pack of books within 5 calendar days prior to your “return date” and 3 calendar days after your “return date”. If you are not able to choose and place the order within this 8-days period for any reason, we will complete your order for you and ship it to you as soon as we have tracking number of your shipment.

 

If you received a book or books not what you selected by our mistake, we will exchange this book for free. If you received a book or books that you selected but for any reasons you didn’t like it we don’t provide any exchange till your next order.

 

3. One-time rental service fee. Subscriptions plans fee.

One-time rental fee and subscription plans fees are outlined on our website. All prices include delivery service to your address and shipment of the books back to BookLya LLC. We accept VISA, MasterCard, PayPal. We do not except checks or cash. TAXES All applicable local, city, and state taxes are your responsibility. You agree to pay these taxes.

 

3.1.One-time rental service fee (excluding any taxes)

Rental service fee covers the rental and delivery up to 10 books – $60 USD. If you are not a subscription plan member yet, after buying and trying one-time rental service you may co-pay to any of the subscription plans.

 

3.2.Subscription plans fees (excluding any taxes)

We offer 2 subscription plans:

-          24 weeks (“6 months”) – $160 USD

-          40 weeks (“10 months”) –$ 220 USD

All subscription plans are due to pay full price at the time of purchase.

 

4.    Secure refundable deposit.

Since books are at the high risk to be damaged you will be charged by secure refundable deposit at the rate of $50 USD prior to the first delivery (either one-time rental or any of the subscription plan). We don't accept checks and cards for secure deposit. The deposit will be cashed only at the event of damage over than ordinary wear and tear.

4.1. Secure deposit is refundable upon  costomer's request by e-mail. 

4.2. Transaction fee (5% or 2.5$) is retained. Costomer will get 47.5$ refund.

 

5.    Becoming a member and obtaining an account

Before you can begin use of the Services, you must register as a member through the Website and obtain an account ("Account"). You must have Internet access to use our service.

You agree to provide true, accurate, current and complete information about yourself as prompted by the Website's registration form (such information referred to as the "Registration Data"), and you agree to maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you move or your contact information changes, please inform customer service immediately. At all times, you must provide contact information with which we can reach you via telephone and email. We may contact you from time to time in order to evaluate our service and to ensure your optimal utilization of the Services. Calls may be monitored and recorded for record keeping, training, and quality-assurance purposes. You are responsible for maintaining the confidentiality of your Account and password and for restricting access to your computer. You are solely responsible for any activity related to your Account. If you suspect any unauthorized use of your Account, notify us immediately.

 

6.    Mail and courier delivery

Depending on your address we deliver either via USPS or via courier delivery. Courier delivery is carried out by BooKlya LLC or any other delivery service.

We reserve the right to process orders and otherwise ship to our members in accordance with our delivery and mailing schedules.

 

6.1.Mail delivery

Receipt of the Products Upon delivery, You bear responsibility for the Products. In the event that an unsecure shipping address is provided, BooKlya LLC does not bear liability for Products left unattended. Furthermore, you acknowledge that providing anything other than a secure shipping address may result in delivery delays and additional delivery fees for which BooKlya LLC is not to be held liable, but You will be held liable.

If your delivery address falls under mail delivery you agree with the following terms:

 

The risk of loss for Books shipped passes to the member upon the delivery of the Books to the member at his or her address. Likewise, we will bear the risk of loss once you deliver the books to our chosen carrier with our return labels affixed to the package (box). In order to demonstrate that this shift of liability has occurred, you must record the tracking number of the return package (box). Without this information, the assumption of liability will remain with you until the books are delivered to BooKlya  LLC. At all other times, you bear the risk of loss and are responsible for the Books.

 

With delivery of the books, we will provide You with a pre-paid, pre-addressed box (package) to return the books to BooKlya  LLC.

 

6.2.Courier delivery

 

If your delivery address falls under courier delivery, and you are subscribed to any subscription plan your books return and delivery will be done simultaneously (during the next 2-3 business day after you place new order). Delivery date will be agreed with you in advance.

Signing up for our rental service you agree to order your next pack of books up to 3 days prior to your Return Date. If you are not able to choose and place the order till your Return Date for any reason, we will complete your order for you.

If you received a book or books not what you selected by our mistake, we will exchange this book for free. If you received a book or books that you selected but for any reasons you didn’t like it we don’t provide any exchange till your next order.

 

 

7.    Use of books. Damage fee.

You agree to read books with care, and return the Books in the same condition as they were delivered to You. You are completely responsible for loss, destruction or damage to the book due to theft, mysterious disappearance, fire, major stains or any other cause, that will make impossible to lease it other than normal wear and tear.

Normal wear and tear consists of minor stains, small pieces torn out, small scribbles or other minor damage.

If You return a book (books) that is (are) damaged beyond normal wear and tear, but we can still lease the book then You agree that we shall charge you according to our damage fee rates. There are some (but not all) fee rates for particular types of damage – torn page (the bigger part of page) – $3USD per page, painted page (the bigger part of page, unable to read or see the picture) –$3USD per page.

If You return a book (books) that is (are) damaged beyond normal wear and tear, and we can’t still lease the book and You shall pay the Retail Value for the item. You will be charged from you deposit. We do not accept any objections if the damage is done it is done. Retail Value varies by book and is good for that time only. You will be informed about Retail Value of each book in your order confirmation via e-mail.

 

8.    Refunds. Termination.

If you didn’t like a book or books which we delivered to you, we cannot offer a refund.

Either part can terminate, but no refund will be provided except the deposit. We will refund the deposit after we receive the last rental order from you with the deduction of damage fee if you have any. You may cancel your membership at any time. Your cancellation request must be done as soon as possible after your last order was sent to us.

We reserve the right to terminate your right to be a member of BooKlya LLC at any time in the event of Your breach of this Agreement or for no reason or any other reason in our discretion.

 

9.    Book purchase

You may buy the book that you are currently renting after agreement with BooKlya  LLC. You can buy any book that can be easily replaced with the same book by BooKlya  LLC (i.e. to be on sale at the moment of your purchase). When we confirm that the purchase of the book is possible, you can buy it using online shop. You do no need to deliver it back with the other books once your renting period is over.

The price shown, at any point in time, is good for that time only, and is subject to change. Once you purchase a book and the transaction is complete, BooKlya LLC will not subsequently accept a return or refund you for any reason.

 

10.  Waiver liability

BooKlya  LLC will not be held liable and customer waives all claims of liability against BooKlya  LLC for any use or misuse of the books and customer indemnifies BooKlya LLC for any third – party claims.

 

11.   Indemnity and liability

You agree to indemnify and hold BooKlya LLC, and its subsidiaries, affiliates, officers, directors, agents, partners and employees, harmless from any claim or demand, including reasonable attorneys fees, made by any third party due to or arising out of your use of the Site, your connection to the Site, your violation of these Terms and Conditions or your violation of any rights of another person or entity.

 

12.  Personal information and privacy

You understand and agree that BookLya LLC may disclose information about you if we have a good faith belief that we are required to do so by law or legal process, to respond to claims, or to protect the rights, property, or safety of BooKlya LLC or others. Please refer to our Privacy Policy for more information about the manner in which we protect and use your information.

 

13.  Governing law, jurisdiction, venue and arbitration

 

This Agreement is governed in all respects by the laws of the State of Oregon. By accepting this agreement and using the service, you accept and consent to the personal jurisdiction and venue of the state courts in Portland for any court action or proceeding deemed necessary by BooKlya  LLC to collect amounts due hereunder, to recover its property, and/or to protect BooKlya LLC from theft or fraud.

 

Any other controversy or claim arising out of or relating to this Agreement, the Services, the Products, or the Website shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration or action with any claim or controversy of any other party. The arbitration shall be conducted in Portland, Oregon, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. The award of the arbitrator shall be final and binding upon the parties without appeal or review except as permitted by Oregon law. Notwithstanding the foregoing, either party may seek any interim or preliminary injunctive relief from any court of competent jurisdiction, as necessary to protect the party’s rights or property pending the completion of arbitration.

 

The Terms of Service and the other agreements, rules, guidelines, licenses and disclaimers posted on the Website constitute the entire agreement between BooKlya  LLC and you with respect to your use of the Website and any of the Services or Products made available through the Website. If for any reason a court of competent jurisdiction finds any provision of this Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected by that provision, and the remainder of the Agreement shall continue in full force and effect. Any failure by BooKlya LLC to enforce or exercise any provision of this Agreement or related right shall not constitute a waiver of that right or provision.