General Terms and Conditions

 

1 Scope, definitions

1.1 These General Terms and Conditions (“GTCs“) apply to all offers and contracts of Kulido Medien GmbH, Schirmerstr. 80, 40211 Düsseldorf, Germany, District Court of Düsseldorf HRB 98660 (“Provider”) with regard to the product Efory Books (“Offer”), available at www.Eforybooks.uk (“Website”).

1.2 You will be notified of changes to these General Terms and Conditions in writing or by email. If you do not object to these changes within four weeks of receipt of notification, the changes shall be deemed to have been accepted by you. You will be informed separately of the right of objection and the legal consequences of remaining silent in the event of changes to the terms and conditions.

1.3 The Provider’s Offer is aimed exclusively at consumers residing in the United Kingdom aged 18 years or older. A (potential) customer acts as a consumer if the purpose of the services ordered cannot be predominantly attributed to his or her commercial or independent professional activity.

 

2 Conclusion of contract; contract term, cancellation

2.1 A subscription contract between the Provider and the Customer is concluded when the Customer submits a contractual offer verbally, in writing or on a website, which is expressly accepted by the Provider. The service descriptions and price details that are communicated to the immediate customer before placing his or her offer are part of this Offer and become part of the contract between the Provider and the Customer, if such a contract is concluded.

2.2 The offer is accepted in a welcome letter sent directly by post or email, in which the conclusion of the contract is expressly confirmed by the Provider.

2.3 The minimum term of the subscription contract is 30 days. The subscription contract is free of charge for the first 30 days. The subscription contract can be cancelled on a monthly basis. The subscription is automatically renewed for a further month at the end of the minimum term unless cancelled in due time. Cancellation can be declared at any time in writing by giving notice of at least one week from the end of the relevant contractual term. The right to extraordinary cancellation for good cause remains unaffected.

 

3 Services of the Provider

3.1 The Provider grants the Customer access to an unlimited number of e-books online as part of his or her subscription, made available on the website under the offer.

3.2 The Provider is authorised to add or remove individual titles to and from the Offer as long as the Provider’s Offer does not change significantly as a result. The Customer has no claim with regard to the availability of certain titles.

3.3 If the Customer is promised a gift or a bonus upon the conclusion of the contract, the Customer will receive a voucher code upon the declaration of acceptance, which can be redeemed on the website. The corresponding gift/reward will be sent to the Customer by post approximately four weeks after receipt of first payment.

 

4 Right of cancellation

As a Consumer, you have a right of cancellation. Please refer to the cancellation policy in the appendix for the requirements and legal consequences of the right of cancellation.

 

5 Granting of rights

5.1 The Customer has the non-exclusive, non-transferable and limited right to access and read the e-books made available by the Provider on the website for the duration of his or her subscription. No additional rights are granted.

5.2 All content may only be used for private, non-commercial purposes. Reproduction, forwarding and making available to third parties, making available to the general public, forwarding, resale and any other type of use are not permitted without the explicit prior consent of the Provider. Actions permitted under the mandatory provisions of copyright law remain unaffected.

 

6 Use of the Offer by the Customer

6.1 The Customer can either access the e-books via the website using an active internet connection and/or request delivery via email.

6.2 The passcode required to access the content will be sent to the Customer upon conclusion of the contract. The Customer is obliged to treat the passcode as strictly confidential and must not pass it on to third parties.

6.3 In order to access the Provider’s Offer and to use it as intended, a technical end device (such as a tablet or smartphone) is required, which has a conventional web browser in a current version and internet access. 

 

7 Contract extensions

The Product Provider is authorised to offer the Efory Books Customer further services, i.e. services that go beyond this basic contract, for which a fee is payable. In the Offer, the Product Provider will describe in detail which services are involved and which fees will be charged. The Efory Ebooks Customer has at least six weeks to decide whether to accept this offer. However, if the Customer does not make a declaration within the acceptance period, this shall be deemed acceptance of the Offer. The Product Provider undertakes to inform the Efory Books Customer of the consequences of not responding to the Offer. Within the acceptance period of at least six weeks, the Customer can already use the services offered (trial period). There is no annual fee for using the package during the trial period, even if no contract is subsequently concluded. The owner must pay the amounts shown for chargeable services.

 

8 Payment

The contractually agreed monthly fees are due for payment at the beginning of each month. If upon conclusion of the contract the customer has consented to the amounts being debited, the agreed contract price shall be collected from the customer’s account by direct debit. Unless otherwise stated in our product description, the prices quoted are total prices inclusive of statutory VAT.

 

9 Liability

9.1 The Provider is liable vis-à-vis the customer in all cases of contractual and non-contractual liability in the event of intent and gross negligence in accordance with the statutory provisions for damages or reimbursement of expenses incurred in vain. No-fault liability on the part of the Provider for incipient defects is excluded.

9.2 In other cases, unless otherwise stipulated in these General Terms and Conditions and to the extent permitted by law, the Provider shall only be liable in the event of a breach of a contractual obligation, the fulfilment of which is essential for the correct execution of the contractthe observance of which you, as the customer, may generally rely on (cardinal obligation), limited to compensation for foreseeable and typical damage. The Provider will not be liable to the consumer under or in connection with these terms for any consequential, indirect or special losses or any of the following (whether direct or indirect): loss of profit, loss of corruption of data, loss of corruption of software or systems, loss or damage to equipment, loss of use, loss of opportunity, loss of savings, discount or rebate (whether actual or anticipated), or harm to reputation or loss of goodwill.  In all other cases, the provider’s liability is excluded to the extent permitted by law, and subject to Section 9.3.

9.3 The liability of the Provider for damage resulting from injury to life, limb or health and any other losses which cannot be excluded or limited under the German Product Liability Act and the Consumer Rights Act 2015 remains unaffected by the above limitations and exclusions of liability.

 

10 Applicable law and Jurisdiction

German law is applicable, although as a consumer residing in the region of the UK you will also benefit of any mandatory protections by the laws where you reside. Nothing in these General Terms and Conditions, including this Section, affects the rights of the consumer to rely on such mandatory provisions of local law. Any disputes will be subject to the non-exclusive jurisdiction of the courts of Germany. This means that the consumer can choose whether to bring a claim in the courts of Germany or in the courts of England & Wales or the courts of another part of the UK in which the consumer lives.