General Terms and Conditions
Please read the following legally distinct terms and conditions thoroughly, as these are the conditions for the use of all services offered on this website. Any alterations of these General Terms and Conditions are not accepted on the part of the Neopubli GmbH (hereinafter epubli). (Last updated: March 2008)
§ 1 Purpose of use
- In line with its Internet services epubli offers users the possibility of accessing the contents of its website. Furthermore, epubli makes a service available to its users which enables them to store digital contents on the website of epubli, to publish such contents and to sell and purchase online in tangible form. Digital contents can be texts, photos, data, graphical presentations or comparable materials.
- Solely these General Terms and Conditions apply for all services of epubli. Should the user decide to publish his/her own contents on the market place of epubli, the provisions of the author's contract additionally apply which the user must separately consent to. Other contradictory, additional or conditions from the user which vary from these conditions, shall only become an integral part of the contractual relationship with epubli, if epubli explicitly agrees to the validity of such conditions in writing.
§ 2 Contract conclusion
- The order placed by the users via the Internet and received by epubli is a binding offer.
- The receipt of the order is immediately confirmed by epubli whereas this confirmation merely informs the user of the receipt of the order. Contract conclusion is effected with the commencement of order processing. The production respectively disposability of contents and products is not effected until payment has been received by epubli. The user ensures that he/she meets the legal requirements for a conclusion of contract in the aforementioned form.
§ 3 Condition of the booksThe user acknowledges that exterior characteristics, such as cover design andcomposition, in part lies with the author and therefore, can be individually different. Possible variations from books customarily available on the market are thereforeto be accepted and do not represent a deficiency.
§ 4 Prices and terms of payment
- Orders are executed at the price valid on the day of the order. All prices are in GBP and in each case include the legally effective value added tax. Not included are the costs for shipment, which are separately displayed to the customer during the ordering process.
- For the shipment of products to countries outside of the European Union, customs duties, if applicable, and similar additional costs can accrue, which are to be borne by the user.
- epubli reserves the right to refuse deliveries on account without stating reasons.
§ 5 Shipment, delivery and retention of title
- epubli can carry out the selection of the route of transport and the means of transport according to equitable discretion (postal service provider, couriers, etc.) provided that a supply of the user in line with the non-binding period of delivery can be expected. Costs for shipping and handling which are indicated to the user prior to contract conclusion are borne by the user.
- Unless otherwise stipulated, epubli carries out delivery to the delivery address indicated by the user. Information regarding the period of delivery is non-binding provided that epubli does not, as an exception, stipulate a binding period of delivery in writing.
- epubli is entitled to carry out partial deliveries if these deliveries are reasonable for the customer.
- Until full payment, all merchandise remains the property of epubli.
§ 6 Registration
- A registration is required for the use of the services from epubli. Those eligible are users who have full legal capacity or who act in accordance with their legal representative.
- The user is obligated to provide complete and accurate information, and if required, to update this information and not to apply any third party data. After registration, the user receives a password and name for his/her membership account.
- The membership account is neither transferable nor devisable.
§ 7 Disabling of a membership account and termination of the contractual relationship
- The user can delete his/her membership account at epubli. This must be carried out in the form of an email to firstname.lastname@example.org. In this case, epubli will delete the data which is stored for the user.
- At the same time, the user agrees that epubli can also disable the membership account or parts of the same at its sole discretion and without stating reasons, prevent any other use of its services and delete any contents so that the user is temporarily or permanently excluded from the use of such. In particular, this applies in the event of misuse or an unauthorised use of the services of epubli.
§ 8 General user obligations
- The user is obliged to ensure that only he/she makes use of his/her membership account and for this purpose, must keep his/her password/ID confidential.
- The user acknowledges that the holder of the membership account is responsible for all activities which are executed by means of the same. In particular, this applies in the event that the membership account is used by a third party, e.g. a minor without the approval of his/her legal guardian or an abusive user.
- The user shall inform epubli immediately of any misuse of his/her password or membership account and is liable towards epubli for damages which result therefrom according to the legal provisions.
- The user is obligated to refrain from activities which could affect the functionality of the services from epubli. The user is also obligated not to alter areas of the website which epubli makes available, including the areas of other users, not to overwrite, copy or to distribute any contents.
§ 9 Obligations of the user as regards content
- Should the user place contents on the website of epubli, in whatever form, he/she is to observe the following:
- It is a matter of the user's own contents respectively, the user has the authorisation for the utilisation of the respective contents and merely makes his/her own personal data available. The user is obliged to ensure that he/she has all rights to the contributions made at epubli on the website and also assumes the unreserved responsibility therefore.
- Rights of third parties, the regulations of the copyright, patent and trademark protection and intellectual property rights, etc. are ensured.
- The contents are not a matter of any illegal, obscene, racist, defamatory, pornographic, threatening contents or contents which violate personal rights of third parties or contents which are to be otherwise rejected or of a damaging nature. In particular, the user ensures that the contents of the transferred texts or images do not violate the regulations for the distribution of child pornography (§ 184 German Criminal Code - StGB). epubli only inspects contents which users save, transfer or publish by means of its services in line with the legal regulations and therefore, does not assume any responsibility for the accurateness, quality or suitability of the contents created by the users.
- The contents are free of viruses or other computer programmes which could compromise computers of third parties in any way.
- The contents do not serve the purpose of collecting, using or distributing information or personal data of third parties.
As far as epubli itself suffers damage due to a violation of the preceding sections a. - e or the liability of epubli towards third parties occurs, the user shall then be liable for this in its entirety respectively the user insofar completely indemnifies epubli from any liability towards third parties.
- The user reserves all rights. He/She allows epubli to use the contents which he/she places on the website of epubli without any restrictions in regard to time, space and contents in line with the contractual agreements, as long as the user makes the contents available on the platform of epubli respectively until the order thereof has been carried out.
- At all times, epubli reserves the right to inspect the legality of all contents and to delete these without stating reason and/or not to produce them.
§ 10 Data privacy
- The Internet is a publicly useable system. The disclosure of information by the user via the Internet is effected at his/her own risk. It is technically possible that data is lost without any influence on the part of epubli or that unauthorised persons gain access to it.
- epubli is entitled to store and use the users' personal data which it obtains in conjunction with the business relationship taking the effective data protection laws into account.
- The user has the right to correct his/her personal data at any time or to revoke his/her consent for the use thereof.
§ 11 Copyrights
- The contents belonging to epubli which are published on the website of epubli are subject to the provisions of the German and international copyright. In particular, this means that any type of use which exceeds the fabrication of a copy for mere private use (with the requirement that the origin stating the source is clearly recognisable) requires the prior written approval by epubli.
- The contents of third parties published on the website of epubli are also subject to the provisions of the German and international copyright. A utilisation of this data is only permitted in accordance with the respective contractual agreements and legal regulations. In particular, the user will not use, copy or circulate third party contents in an illegal manner or in a manner contrary to contract.
§ 12 Liability
epubli is liable for damages as follows:
- epubli is liable without limitation for all damages which it, its legal representatives or vicarious agents cause at least negligently, which lead to injuries to life, body or health.
- epubli is also liable without limitation for damages which are based on an at least grossly negligent breach of duty by epubli, its legal representatives or vicarious agents.
- epubli is also liable for all damages which it, its legal representatives or vicarious agents cause at least negligently provided that they are based on the breach of cardinal obligations. Cardinal obligations are such fundamental obligations whose limitation compromises the purpose of the contract. However, in the event of a slight negligent breach of cardinal obligations, epubli is only liable for damages foreseeable and typical for this type of contract.
- In all other cases stated in the items 1. to 3. epubli is only liable for at least grossly negligent caused damages. This also applies to the legal representatives, as well as the vicarious and performing agents of epubli.
§ 13 Alterations of the General Terms and Conditions
epubli reserves the right to adapt its terms and conditions from time to time. In the event of such an alteration, epubli will point out such an alteration to its users on the website in an appropriate manner.