Term of use

§ 1 Scope and Provider

(1) The following Terms and Conditions apply to all orders placed by our customers via the online shop of PocketBook Readers GmbH, Richard-Wagner-Str. 11, 01445 Radebeul, Managing Director Enrico Müller, Dresden Local Court HRB 29866. There we offer both goods and digital content for download (hereinafter jointly referred to as "products"). There we offer both goods and digital content for download (hereinafter jointly referred to as "products").

(2) A consumer is any natural person who concludes a legal transaction for purposes which can predominantly be attributed neither to their commercial nor their self-employed professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in exercising their commercial or independent professional activity.

(3) The following applies to entrepreneurs: If the entrepreneur uses conflicting or supplementary terms and conditions, their validity is hereby rejected; they only become part of the contract if we have expressly agreed to this.

(4) Languages available for concluding the contract are German and English.

 

§ 2 Conclusion of Contract, Saving the Contract Text

(1) The essential characteristics of the products offered by us as well as the validity period of limited offers can be found in the individual product descriptions in the online shop. Our details given there on the subject of the delivery or service (e.g., color, weight, dimensions) as well as our illustrations of the same (e.g., illustrations) are only approximate unless the usability for the contractually intended purpose requires an exact agreement. They are not guaranteed characteristics, but descriptions or identifications of the delivery or service. Deviations customary in the trade and deviations which occur due to legal regulations or represent technical improvements are permissible, provided that they do not impair the usability for the contractually intended purpose.

(2) One of the essential features of the products we offer includes the simultaneous usability of our Cloud Service (§ 6). This is particularly necessary for the provision of digital content.

(3) By placing the products in the online shop, we make a binding offer to conclude a contract for these articles.

(4) The customer can mark the respective product without obligation by clicking the button "Add to shopping cart". The customer can view his shopping basket at any time via the shopping basket button and remove the products from the shopping basket via the "Delete" button. Likewise, after clicking on the "Display and edit shopping cart" link, the customer can change the quantity of the respective product via the "Plus" or "Minus" button; unless it is a matter of digital products (licenses) – these can only be placed once in the shopping cart. If the customer wants to buy the products in the shopping cart, he must initiate the ordering process by clicking the button "Login and Pay" or "Checkout".

(5) After initiating the ordering process, the customer is asked to register with the first order in our online shop and to open a customer account by entering their data. This also requires the customer to assign a password. For future purchases, the customer can make orders after entering their e-mail address and password, without having to re-enter their data.

(6) Before an order is placed, the content of the order, including the customer data, is summarized on an overview page. The customer can check the order data there and correct it using the respective "Edit" button. Changes can also be made to the shopping cart, the delivery address and the shipping and payment method via the respective link. By clicking the "Buy" button, the customer accepts our offer for the products contained in the shopping cart (conclusion of contract). Immediately after sending the order, the customer will receive another confirmation by e-mail.

(7) We save the contract text and send the customer the order data and these Terms and Conditions by e-mail. The customer can view his past orders in their login area.

 

§ 3 Prices, Shipping Costs

(1) The prices quoted on the article pages include the statutory value added tax and other price components and do not include shipping in the case of deliveries of goods, unless free delivery is offered.

(2) An overview of the shipping options and the resulting shipping costs can also be found under the link "Shipping". The shipping costs are displayed to the customer during the order process, at the latest when selecting the shipping method and before submitting the order on the overview page.

(3) Deliveries to non-EU countries may be subject to additional customs duties and fees. These are then to be paid by the customer, but not to us, but to the relevant customs or tax authorities. Further information can be found, for example, at http://ec.europa.eu/taxation_customs/customs/customs_duties/index_de.htm and on import sales tax at http://auskunft.ezt-online.de/ezto/Welcome.do, as well as specifically for Switzerland at http://xtares.admin.ch/tares

 

§ 4 Payment

(1) Payment can be made by PayPal, credit card or immediate money transfer at the customer's option.

(2) If the payment method PayPal is selected, the customer is redirected during the ordering process to the website of the online provider PayPal. To be able to pay the invoice amount via PayPal, the customer must be registered there or re-register, legitimize with their access data and confirm the payment order to us. After placing the order in the online shop, we request PayPal to initiate the payment transaction. The payment transaction will be carried out automatically by PayPal immediately afterwards.

(3) When selecting the payment method credit card, the customer enters their credit card details within the framework of the order. Once the customer has been identified as the legitimate cardholder, the payment transaction is carried out automatically and the card is debited.

(4) If the payment method immediate money transfer (Sofort by Klarna) is selected, the customer is forwarded to the website of the online provider Sofort GmbH during the ordering process. In order to be able to pay the invoice amount via Sofort, the customer must have a bank account activated for online banking, legitimize themselves accordingly and confirm the payment order to us. The payment transaction is carried out immediately afterwards by Sofort and the customer's account is debited.

(5) The customer shall only be entitled to set-off rights with undisputed or legally established claims. The customer shall only be entitled to exercise a right of retention insofar as their counterclaim is based on the same contractual relationship, is undisputed or has been legally established. In addition, the customer's counter rights in the event of defects in the delivery shall remain unaffected in each case.

 

§ 5 Discount Codes

(1) Discount codes cannot be combined: Only one discount code can be used per order, regardless of the promotion the discount code originates from.

(2) Depending on the promotion, discount codes can only be redeemed for certain assortments.

(3) The period of validity of the discount code depends on the respective promotion.

 

§ 6 Delivery

(1) The delivery time for goods within Germany is 1 to 3 working days, unless otherwise specified on the article page of the offer. The delivery is effected by DHL. Further information can be found under the link "Shipping". Digital content is available for download in the customer account immediately after conclusion of the contract.

(2) Should an ordered article not be available because we are not supplied by our supplier without our fault despite their contractual obligation, we are entitled to withdraw from the contract. In this case we will inform the customer immediately that the ordered goods are not available and refund any payments already made at short notice.

(3) If the customer is not a consumer (§ 1 para. 2), the risk of accidental loss and accidental deterioration shall pass to the customer at the latest when the goods are handed over (whereby the start of the loading process is decisive) to the forwarding agent, carrier or other third party appointed to carry out the shipment.

 

§ 7 Cloud Account

(1) Provided the customer is not yet registered for our Cloud Service, there will be a customer account created for him when purchasing digital content via our online shop for the first time. This service is required in particular for the provision of digital content. The other features of the Cloud Service are determined by the respective current usage options.

(2) The use of the Cloud Service is subject to the Terms of Use published therein, which the customer must confirm during the initial login. The same applies to the information on Data Protection.

(3) Access to our Cloud Service is effected via the access data to the customer account in our online shop, which the customer provided during registration.

 

§ 8 Right of Use for Digital Content

(1) For the use of acquired digital content, the customer requires certain system prerequisites, e.g., an E-reader from PocketBook, the PocketBook Reader App or an Internet-enabled terminal device with an Internet browser. Any connection costs incurred must be paid separately by the customer to their service provider.

(2) Digital content is protected by copyright. The customer acquires a simple, non-transferable right of use for exclusively personal use. Further restrictions on use result from the following provisions and, if applicable, from the respective offer pages.

(3) The customer is not permitted to change or edit the digital content in any way or to use modified versions, to make them publicly accessible or to make them available to third parties in any other way, whether for a fee or free of charge, or to use them for commercial purposes. In each case, any usage possibilities resulting from mandatory legal regulations in favor of the customer remain unrestricted.

(4) Digital content can be individually marked with digital watermarks so that the original buyer can be identified and tracked in the event of misuse. Digital content can also be protected against illegal copying by Adobe Digital Rights Management (DRM) protection. The use of this digital content is only possible via the respective Adobe ID stored on the customer's terminal device.

 

§ 9 Right of Revocation

Consumers are entitled to the statutory right of revocation as described in the revocation instructions. Entrepreneurs are not granted a voluntary right of revocation.

 

§ 10 Consumer’s Rights in Respect of Defects

In the event of a material defect in the purchased item, the statutory provisions shall principally apply. This means that the customer can first and foremost demand subsequent fulfilment, i.e., subsequent delivery or removal of the defect, at the customer’s discretion. If the other legal requirements are met, the customer is entitled to reduce the purchase price or withdraw from the contract. For claims for damages due to a defect in the goods – in addition to the legal prerequisites – the prerequisites stated in § 10 shall apply.

 

§ 11 Liability for Damages vis-à-vis Consumers

The following exclusions and limitations of liability shall apply to our liability for damages, notwithstanding the other statutory prerequisites for claims:

(1) We shall be liable if we are guilty of intent or gross negligence. In the event of ordinary negligence, we shall only be liable in the event of a breach of an obligation the fulfilment of which is essential for the proper performance of the contract and on the observance of which the contractual partner may regularly rely. In all other respects, liability for damages of any kind, regardless of the basis of the claim, including liability for culpa in contrahendo, is excluded.

(2) Insofar as we are liable for ordinary negligence in accordance with paragraph 1, our liability shall be limited to the damage which we typically had to expect to occur under the circumstances known at the time the contract was concluded.

(3) The foregoing exclusions and limitations of liability shall not apply if we have assumed a guarantee for the quality of the goods, nor for damage to be remedied in accordance with the Product Liability Act, nor for damages to life, limb or health.

(4) Above exclusions and limitations of liability shall also apply in favor of our employees, vicarious agents and other third parties whose services we make use of to fulfil the contract.

 

§ 12 Rights in Respect of Defects and Damages in Other Cases

For customers who are not consumers (§ 1 para. 2), above §§ 9 and 10 apply accordingly with the following proviso:

(1) The prerequisite for any warranty rights is that the customer properly fulfils all inspection and complaint obligations owed in accordance with § 377 HGB (German Commercial Code).

(2) We shall have the right to choose the type of subsequent fulfilment.

(3) The limitation period for warranty claims for the delivered goods is – except in the case of claims for damages – one year from delivery. The statutory limitation periods for the right of recourse according to § 445a BGB (German Civil code) remain unaffected.

 

§ 13 Data Protection

Information on the processing of the customer's personal data can be found in the Data Protection Declaration available in our online offer.

 

§ 14 Applicable Law, Place of Jurisdiction

(1) The law of the Federal Republic of Germany shall apply to these Terms and Conditions and the entire legal relationship between us and our contractual partners, excluding the UN Convention on Contracts for the International Sale of Goods (CSIG). Mandatory consumer protection regulations of the state in which the consumer has his habitual residence remain unaffected.

(2) The sole place of jurisdiction for all disputes arising from or in connection with this contract shall be, at our discretion, our place of business or the customer's place of business, if the customer is a fully qualified merchant, a legal entity under public law or a special fund under public law or has its registered office abroad. Otherwise, the statutory provisions shall apply.

 

§ 15 Final Provisions

Should individual provisions in these Terms and Conditions be ineffective, the remainder of the contract shall remain effective. Instead of the invalid provision, the relevant statutory provisions shall apply.

 

§ 16 Provider Identification, Summonable Address

Our address for complaints and other declarations of intent as well as our summonable address is: PocketBook Readers GmbH, Richard-Wagner-Str. 11, 01445 Radebeul (Commercial Register: Dresden Local Court HRB 29866, Enrico Müller, Managing Director). You can contact our customer service for questions, complaints and objections from Monday to Friday between 09:00 and 18:00 hrs. by phone +49 (0) 351 79556300 or by e-mail at [email protected] or via the contact options on our websites

 

§ 17 Resolution of Disputes

The European Commission provides a platform for online dispute resolution, which you can find here. We are neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration body.

 

Status: February 2024