Terms of service
OVERVIEW This website is operated by Fehmerling Books. Throughout the site, the terms “we”, “us” and “our” refer to Fehmerling Books. Fehmerling Books offers this website, including all information, tools and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein.
SECTION 1 - ONLINE STORE TERMS By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence. You may not use our products for any illegal or unauthorized purpose nor may you violate any laws in your jurisdiction.
SECTION 2 - GENERAL CONDITIONS We reserve the right to refuse Service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted. Credit card information is always encrypted during transfer over networks.
If you create an account on our site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or device. You agree to accept responsibility for all activities that occur under your account or password. We reserve the right to terminate accounts, remove or edit content, or cancel orders at our sole discretion.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service without notice.
SECTION 5 - PRODUCTS OR SERVICES Certain products or Services may be available exclusively online through the website. These products or Services may have limited quantities and are subject to return or exchange only according to our Refund Policy.
If you are purchasing used, vintage, or antiquarian books, please note that these items are sold 'as is.' While we strive to accurately describe the condition of every book, standard wear and tear commensurate with the item's age should be expected. We do not warrant that product descriptions, cover images, or other content are entirely error-free, and minor discrepancies in condition do not constitute a defective product.
All purchases, returns, and exchanges are subject to our Refund Policy and Shipping Policy, which are incorporated by reference into these Terms of Service. By completing a purchase, you agree to the terms outlined in those respective policies.
Due to the nature of e-commerce caching and third-party inventory syncing, an item may occasionally appear in stock on our website when it is actually unavailable. We are not liable for system delays that result in the overselling of inventory. If you purchase an item that is out of stock due to a platform syncing error, your sole remedy is a full refund of the purchase price.
SECTION 6 - SHIPPING AND RISK OF LOSS All physical items purchased from Fehmerling Books are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the shipping carrier (e.g., USPS, UPS, FedEx). We are not responsible for lost, stolen, or delayed packages once they have been handed over to the carrier. Any claims for lost or damaged shipments must be filed directly with the carrier.
Fehmerling Books shall not be liable for any delay or failure to perform resulting from causes outside of our reasonable control, including but not limited to acts of God, natural disasters, severe weather, postal strikes, or other supply chain disruptions.
Additionally, we utilize third-party shipping integrations to generate labels and provide tracking information. We are not liable for technical errors, glitches, or data inaccuracies generated by these third-party systems, including recycled, inaccurate, or delayed tracking numbers. While we will make reasonable efforts to assist you in verifying your shipment's actual status, all tracking data is provided 'as is' by the carrier and our e-commerce platform.
SECTION 7 - ACCURACY OF BILLING AND ACCOUNT INFORMATION We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. This includes the right to cancel orders that appear to be placed by dealers, resellers, or corporate entities purchasing in bulk for commercial data extraction, scanning, or artificial intelligence training purposes. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
All payments are processed through secure, third-party payment gateways. We do not store or directly process your credit card information. We are not liable for technical errors, double-charges, or delayed authorizations caused by these third-party processors. In the event of a processing error, we will assist in escalating the issue with the payment provider, but we are not legally responsible for gateway failures.
SECTION 8 - OPTIONAL TOOLS We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. Use of optional tools is entirely at your own risk.
SECTION 9 - THIRD-PARTY LINKS Certain content available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us.
SECTION 10 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS If you send creative ideas, suggestions, or proposals, you agree that we may, at any time, without restriction, edit, copy, publish, and distribute those comments.
If you submit product reviews, photos, or other user-generated content, you grant Fehmerling Books a non-exclusive, royalty-free, perpetual, and irrevocable right to use, reproduce, modify, and publish that content across our marketing channels. You are solely responsible for the content you post and agree not to submit material that is defamatory, unlawful, or infringes upon the intellectual property rights of any third party. We reserve the right (but not the obligation) to remove any user content at our sole discretion.
SECTION 11 - INTELLECTUAL PROPERTY AND OWNERSHIP All content included on this site, such as original photography, text, graphics, logos, images, digital downloads, and data compilations, is the exclusive property of Fehmerling Books or its content suppliers and is protected by United States and international copyright laws. You may not extract, reproduce, duplicate, copy, sell, resell, or otherwise exploit any portion of the website, including our original product photography, without express written consent from us.
SECTION 12 - COPYRIGHT AND DMCA POLICY We respect the intellectual property rights of others. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via our site, please notify our designated Copyright Agent at customerservice@fehmerlingbooks.com. Your notice must include a description of the copyrighted work, the exact URL where the infringing material is located, and your contact information. We will promptly remove or disable access to the allegedly infringing material.
SECTION 13 - PERSONAL INFORMATION Your submission of personal information through the store is governed by our Privacy Policy.
SECTION 14 - ERRORS, INACCURACIES AND OMISSIONS We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). If a product is listed at an incorrect price due to a typographical error or system glitch, we shall have the right to refuse or cancel any orders placed for that product, regardless of whether the order has been confirmed and your credit card charged. If your card has already been charged, we will immediately issue a full refund.
Our checkout system relies on third-party software to calculate local sales tax and shipping rates in real-time. We are not responsible for software glitches that result in incorrect tax calculations. If a third-party calculator significantly undercharges for required taxes, we reserve the right to cancel the order or invoice you for the corrected amount prior to fulfillment.
SECTION 15 - PROHIBITED USES In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content, or purchasing products from our store: (a) for any unlawful purpose; (b) to infringe upon our intellectual property rights; (c) to upload viruses or malicious code; (d) for mass or bulk purchasing for the purpose of destructive scanning; (e) for purchasing inventory for the purpose of physical destruction to harvest data for artificial intelligence (AI), machine learning, or similar digital training models; (f) for any other unauthorized commercial data extraction; (g) to use any robot, spider, scraper, or other automated means to access the Service for any purpose, including bypassing our security measures, scraping pricing data, or automating the checkout process; or (h) to use the site for credit card testing or fraudulent transaction attempts.
SECTION 16 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY We do not guarantee that your use of our Service will be uninterrupted or error-free. In no case shall Fehmerling Books be liable for any injury, loss, claim, or any direct or indirect damages of any kind. To the maximum extent permitted by applicable law, our maximum liability to you arising from or relating to any product purchased through our site shall not exceed the actual amount you paid to us for that product.
Our store is hosted on a third-party e-commerce platform (Shopify) and utilizes various third-party applications for inventory management, payment processing, and shipping. We are not responsible or liable for any service interruptions, data breaches, technical glitches, or errors originating from these third-party infrastructure providers. Any resulting issues, including but not limited to inaccurate order statuses or automated communication errors, are outside of our direct control.
SECTION 17 - INDEMNIFICATION You agree to indemnify and hold harmless Fehmerling Books from any claim or demand made by any third-party due to or arising out of your breach of these Terms.
SECTION 18 - SEVERABILITY In the event that any provision of these Terms is determined to be unlawful or void, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law.
SECTION 19 - TERMINATION The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
SECTION 20 - ENTIRE AGREEMENT The failure of us to exercise or enforce any right or provision shall not constitute a waiver of such right.
SECTION 21 - GOVERNING LAW These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of Oregon, without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within or near Columbia County, Oregon, to resolve any dispute or claim arising from these Terms.
SECTION 22 - DISPUTE RESOLUTION AND BINDING ARBITRATION Please read this section carefully, as it affects your legal rights. You and Fehmerling Books agree that any dispute, claim, or controversy arising out of or relating to these Terms of Service or your use of our website shall be resolved exclusively through final and binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
Any cause of action or claim you may have arising out of or relating to these Terms of Service or the website must be commenced within one (1) year after the cause of action accrues; otherwise, such cause of action or claim is permanently barred.
CLASS ACTION WAIVER: You and Fehmerling Books agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. You expressly waive your right to file or join a class action lawsuit or class-wide arbitration. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial.
SECTION 23 - CHANGES TO TERMS OF SERVICE You can review the most current version of the Terms of Service at any time at this page. We reserve the right to update or change any part of these Terms by posting updates to our website.
SECTION 24 - ACCESSIBILITY Fehmerling Books is committed to making our website and services accessible to everyone, including individuals with disabilities. We are continuously actively working to improve the user experience for everyone. If you have difficulty accessing or navigating any part of this website, or notice any content or feature that you believe is not fully accessible to people with disabilities, please email our team at customerservice@fehmerlingbooks.com with "Accessibility" in the subject line and provide a description of the specific feature you feel is not fully accessible. We take your feedback seriously and will consider it as we evaluate ways to accommodate all of our customers.
SECTION 25 - CONTACT INFORMATION Questions about the Terms of Service should be sent to us at customerservice@fehmerlingbooks.com.
Fehmerling Books
51627 SW 5th Street, Scappoose, Oregon 97056 United States
