Description of Rental Provided by Bookbyte


Bookbyte rents books at a reduced upfront price. In this transaction the purchaser agrees to return their book(s) to Bookbyte at the end of the purchaser's term of use. Bookbyte provides a prepaid shipping label to the purchaser to return their book(s). If the purchaser does not return the book(s) back to Bookbyte by the stated due date, Bookbyte will charge the purchaser full price of the book plus a Default Fee.


Definitions


List Price:  the publisher's list price for a textbook at the time of sale.


Rental Program: The program described in this Rental Agreement, summarized above.


Rental Price: Price - Rental Discount.


Rental Discount: the discount from List Price given to the customer for entering into a Rental Agreement.


Rental Agreement: this legal document, which states the terms and conditions of the Rental Program.


Return Date: that date by which the customer agrees to return the books back to Bookbyte or notify us of their intent to pay full price for the book(s), thereby avoiding a default of this Agreement. Bookbyte must receive the book(s) by this date.


Grace Period: The time in calendar days after the Rental Sell Date (Return by Date) at which time a default of this Agreement occurs.


Default Fee: The fee charged to a customer for a Default of the Rental Agreement.


Terms of Use Modifications


Bookbyte may revise and update these Terms of Use at any time. Your continued usage of the website after any changes to these Terms of Use will mean you accept those changes. It is important that you review these Terms of Use regularly to ensure you are aware of any changes.


Rental Transaction


You agree to purchase the book from Bookbyte at the Rental Price and understand and agree as follows:

  1. You will select a Return Date.
  2. You authorize Bookbyte to make future charges -- the Rental Discount and the Default Fee -- to your credit card should you fail to return the book by the Return Date.

Resalable Condition


You agree that the book(s) you return to Bookbyte shall be in similar condition as to when you received them from Bookbyte, and the book(s) shall be in resalable condition as defined by the Buyback Guidelines described on the website. You also agree that if you attempt to return a book in non-resalable condition we will treat this as a default and require you to pay the Rental Discount and the Handling Fee.


Books that are returned to Bookbyte in non-resalable condition will be recycled.


Non-resalable condition: Books that have excessive writing, highlighting, or other markings on over 75% of the pages; cover damage greater than a 2"x2" section; numerous torn pages; excessive odor; mold; obscured text or illegible text; or severe staining covering more than a 1/3 of the page and spanning more than 1/3 of the book; missing pages or stuck-together pages.


Customer Actions at Return Date


In order not to be required to pay the Rental Discount and Default Fee you must take action by your Return Date.


  1. If you are choosing to return the book(s) to Bookbyte, you must:
  • Ship the book(s) to Bookbyte with the provided shipping label. Bookbyte must receive the book(s) by the Return Date. You MUST use the provided label to ensure that your book(s) are properly received and accounted for to meet the obligations of this Agreement. Bookbyte is not responsible for your not returning the books if you fail to use the provided label.
  • If you are choosing to keep the book(s), you must:
  • Notify customer service at help@Bookbyte.com no later than 4:00 p.m. Pacific Time on the Return Date of your intent to keep the book(s). Include in the email:
    • Your Order Number
    • ISBN of the title(s) you are keeping
  • Bookbyte will notify you that we have received your email. If you do not receive notification within 24 hours you should contact us via email to ensure that your email was received.
  • Bookbyte will charge your credit card the Rental Discount provided to you at the time of your purchase of the book(s), plus a $10 per book Default Fee.
  • If you do neither of the above two actions, you will be in default of this Agreement and Bookbyte may take action against you for such default, as described in this Agreement or allowed by law.

Default and Grace Period


If you have not informed Bookbyte of your intent to keep the book(s) or have not returned the book(s) as of the Return Date, you will be considered in default of this Agreement and Bookbyte may take any action against you permitted by this Agreement or applicable law.


  • If Bookbyte has not received your book(s) or notification of your intent to keep the book(s) and repay the Rental Discount by the Return Date, you will be provided a Grace Period of 20 calendar days to ship the book to Bookbyte. Bookbyte must receive the book(s) within the Grace Period in order for you to avoid default. The Grace Period only applies to returning the book(s). There is no Grace Period on notification of retention of the book(s).
  • At the end of the Grace Period, if Bookbyte has not received the book(s), then the Agreement is in default and Bookbyte on behalf of Bookbyte will charge your credit card the Rental Discount provided upon your purchase of the book(s) plus a Default Fee of $10 per book.

Authorization for Use of Credit Card


You hereby acknowledge that you have provided Bookbyte with your credit card information and authorize Bookbyte to make future charges on your credit should you 1) notify Bookbyte that you have chosen to keep the book(s) purchased under this Agreement, or 2) you default on this Agreement. In these cases, you agree that Bookbyte may charge to your credit card all associated charges and fees delineated by this Agreement.



Collection


If Bookbyte is unable to charge your card for any reason, and you have not made alternative payment, it may collect funds due from you by any other lawful means, including a third-party collection service. An interest rate of 18.5% per annum may be added, compounded monthly, plus any collection fees and reasonable attorney fees that may be incurred in the course of collecting owed funds from you to the amount due.


Entering into Agreement through Electronic Means


By purchasing a book or books at the Rental Price, you agree that you have read, understood and have entered into this Agreement. You have accepted the terms of this Agreement by means of a check box or entering your name in provided spaces. Such acceptance is the same as your written signature and you are bound by this Agreement.


Reminder Notifications


Email reminder notifications are sent as a courtesy to the email address posted on the User's My Account page at the time the emails are generated. Please be sure that the email address you provide on the Bookbyte My Account page is kept up-to-date with the address you use most frequently. We strongly recommend checking your spam and junk folders regularly, as well as adding customerservice@bookbyte.com to your list of allowed senders.


Reminder notifications are sent as a courtesy and are not a requirement of the Rental Agreement. Not receiving the emails or accessing the email account you have provided on the My Account page does not negate the Rental Agreement.


Notices are sent at the following intervals:


  • 30 days
  • 14 days
  • 7 days
  • When due
  • When past due

Tax


Rentals and purchases through Bookbyte may be subject to taxes in many states because Bookbyte has physical property (the textbooks) in every state. Depending on your state and the nature of the product or service you receive from us, this may be a rental tax, sales tax and/or use tax. Tax rates are different from state to state. You are responsible for paying all such taxes. Bookbyte will collect state and local sales/use/rental tax from you and remit it to the appropriate tax agency.