1.1. These general terms and conditions of business shall apply to all business relations between you and the operator of mojoreads, log.os GmbH & Co. KG, Dudenstrasse 10, 10965 Berlin (in the following referred to as mojoreads) on physical products (e.g. books) and digital contents (e.g. eBooks).
1.2. The general terms and conditions shall apply in the correspondingly current version at the time of entering the contract. If you as a business person use contrary or supplementary general business terms and conditions, they shall only become a contractual component if we have expressly agreed to same.
1.3. The prerequisite of use of our shops and especially for the acquisition and use of contents is that you are registered as user of mojoreads. In addition you must be at least 18 years old and dispose over a credit card or a PayPal account.
2. Contractual Agreement
2.1. The products specified in our shop shall not be considered as a legally binding offer, but as an unbinding catalogue instead. Our product assortment consists of physical products and digital contents.
2.2. Purchase agreements including these general terms and conditions of business are contracted when you enter your order in our shop by clicking and/or tapping the BUY NOW space. By doing so, you send a binding offer for contracting an agreement to mojoreads. mojoreads accepts this offer by delivery within a suitable period of time.
2.3. For products which are supplied by data download (in the App) and/or releasing the content concerned (in the browser), the offer is accepted by providing the corresponding eBook to the reader and/or your library under the column “My Purchases” (also compare Nos. 4 and 5).
2.4. mojoreads shall be reserved the right to accept the offer in particular in the event that spelling, printing or arithmetic errors are found in our shop which have become the basis of your offer, and in the event of price adjustments of the suppliers in the meantime. Also refer to No. 4 on delivery and availability.
2.5. If for the above mentioned reasons we cannot accept your offer, we will inform you that the product you selected is not available. Any consideration already provided by you shall of course be refunded immediately.
3. Prices and Payment
3.1. All indicated prices are final prices in Euro including the legal German value added tax which is specified separately in the invoice. Any forwarding costs will be charged separately after contracting the order.
3.2. No claim to use of a certain means of payment shall be granted.
3.3. For payment procedure we work with Braintree (a certified subsidiary of PayPal), its payment module is integrated in our shop. Payments by means of PayPal or credit card are possible.
3.4. Your credit card or your PayPal accounts shall be charged at the time your order is completed, i.e. with a click and/or tap on the BUY NOW” button in accordance with No. 1.1.
3.5. More information on payment procedure especially on the processing of your data by us as well as our payment service company, Braintree, can be found in our Data Privacy Statement.
3.6. Goods delivered to customers within the scope of the supply variations shall remain the property of the seller until they have been fully paid.
3.7. Offsetting on your part may only be permitted if your claim is uncontested or legally binding.
4. Delivery, Availability and Provision of Physical Contents (Books)
4.1. We try to keep all books of our shop on supply and deliver them within two working days. In the event of delays in supply exceeding more than 7 working days, you can cancel your order without stating any further reasons.
4.2. Regardless of any defects, you can return the ordered books within 14 days. A precondition for shrink-wrapped or otherwise sealed books is, however, intact packaging. Please also refer to our information on the right of withdrawal under No. 6.
5. Delivery, Availability and Provision of Digital Contents (EBooks)
5.1. After the purchase of digital contents, in particular eBooks, mojoreads grants you a personalized, unrestricted access to these contents via the mojoreads cloud – as well as online in the browser and via the mojoreads Apps. The error-free function and illustration of these contents requires minimum technical requirements of hardware and software. On a PC or laptop they are in each case the latest version of the browser and operating system, on smartphones and tablets, the correspondingly current version of the mojoreads App as well as the operating systems iOS or Android installed on these devices.
5.2. By purchasing an eBook you acquire a non-exclusive, non-transferable, utilization right to this content that is, however, not restricted to a location and time, which we will then provide to you via the mojoreads cloud either online on mojoreads via the browser or offline via the mojoreads App. A download, analogous to an export for use on an external device like for example an eReader (analogous to hardware / a reading device like the kindle or the Tolino), is currently not possible.
5.3. Digital contents are protected by copyright. You are obligated to acknowledge and to secure the rights of the author. mojoreads does not transfer title to the sold contents, but merely the rights of use which exclusively allow private use of these contents within the scope of these general terms and conditions of business. Protection measures against copying, digital water marks, copyright notes, trademarks or other legal reservations may not be removed or evaded.
5.4. Any uses beyond the preceding specifications, in particular the reproduction, transfer, publication or processing of books, eBooks, articles or other contents protected by copyright are with the exception of the tool excerpts / snippets (which are not book advertisements) automatically compiled by mojoreads are not permitted – also not in parts.
5.5. Of course you can also make use of your right of withdrawal concerning the digital contents like eBooks, pursuant to No. 6. You cannot “return“ digital contents in the classic sense, however, because you use these contents via the mojoreads cloud optionally via the browser or one of our Apps, we can again disable access to the corresponding eBook via the mojoreads cloud and refund the purchase price to you. However, this depends on whether you have not yet used, i.e. read, the concerned content beyond the freely disposable 10% reading sample, which is easily detectable by means of the reading progress indication in the mojoreads reader (our integrated reading software).
6. Legal Right of Withdrawal
The right of withdrawal for purchase contracts by means of the mojoreads shop applies exclusively if you are a consumer analogous to German Civil law, § 13 BGB.
– Beginning of the information on withdrawal –
6.1. Right of Withdrawal
A purchase agreement is contracted when placing an order and/or making a purchase in our shop based on the wording of these general terms and conditions of business. You shall be entitled to withdraw from these purchase contracts within 14 days without stating any reasons. In the event of delivery of physical goods (books) this term for withdrawal comprises fourteen days after the date of receiving the goods. In order to exercise your right of withdrawal, you must inform us by means of a clear statement (either by post or by email). To ensure the right of withdrawal it is sufficient to send a notice on exercising the right of withdrawal prior to the end of the withdrawal term to one of the following addresses:
By post: log.os GmbH & Co. KG, Dudenstrasse 10, 10965 Berlin
By email: firstname.lastname@example.org
6.2. Consequences of Withdrawal
If you withdraw from a purchase contract, we shall refund all payments which we have received from you (including delivery costs), no later than within fourteen days after the date on which we have received the notice of withdrawal. For this refund we shall use the same means of payment that you have applied in the original transaction, unless expressly agreed otherwise with you. Additional fees shall not arise.
The right of withdrawal shall expire prematurely in the event of contracts for the delivery of audio or video recordings or computer software in a seal packaging if the seal was removed after delivery. Moreover, the legal exceptions pursuant to German civil law, § 312 g Abs. 2 BGB, shall apply.
6.3. Sample of Withdrawal Forms
If you wish to withdraw from a purchase contract, you may gladly use the following samples which you can then return to the following addresses:
By post to: log.os GmbH & Co. KG, Dudenstrasse 10, 10965 Berlin
By email to: email@example.com
I herewith withdraw from the contract entered by me on the following purchase:
• Type of good(s): . . . . . . . . . . . . . . . . . . .
• Ordered/received on: . . . . . . . . . . . . . . . . . . .
• Your name: . . . . . . . . . . . . . . . . . . .
• Your address: . . . . . . . . . . . . . . . . . . .
• Date: . . . . . . . . . . . . . . . . . . .
• Signature (only in the event of letters by post): . . . . . . . . . . . . . . . . . . .
7. Complaints and Settlement of Disputes
7.1. As of 15 February 2016 the EU Commission has provided a platform for settlement of disputes out of court. Consumers have the opportunity to clarify disputes in connection with their online order without first reverting to a court. The dispute settlement platform is available under the external link http://ec.europa.eu/consumers/odr/ . Our email address can be found in our legal notice. We participate in dispute arbitration procedures. A list of contact data with the authorized dispute arbitration office can be found under https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.adr.show.
7.2. However, we would be glad if you would first talk with us so that we may have the opportunity to clarify any misunderstandings or differences in opinion and settle them amicably.
8. Warranty and Liability
8.1. The warranty granted by mojoreads is based on the legal provisions if nothing to the contract is stated below.
8.2. mojoreads shall not warrant that your available software (i.e. your operataing system) is suitable for using mojoreads. Assistance and notes on the mojoreads website or by our staff shall be provided to the best of their knowledge and belief. mojoreads shall, however, not carry any liability for the correctness of this information.
8.3. Our liability shall be excluded. Also excluded is, however, the liability for damages due to violation of such contractual obligations which are essential for achieving the contractual purpose (cardinal obligations), due to defective products based on the product liability law causing harm to life, body or health based on negligent violation of obligations on our part or an intentional or negligent violation of obligations of a legal representative or agent and for other damages which are due to a gross negligent violation of obligations or an intentional or negligent violation of obligations of a legal representative or agent.
9. Final Provisions
9.1. For legal relations between you and mojoreads German law shall apply without the reference standards of international private law and excluding UN law on sale of goods (CISG). If you are the consumer, the law at your residence may also be applicable if it concerns compulsory stipulations under consumer law.
9.2. If you are a business person analogous to commercial law or a legal entity of public law, Berlin shall be the exclusive place of jurisdiction for all claims in connection with the business relations.
9.3. In the event that one or several provisions of these general terms and conditions of business should be entirely or partly invalid or lose legal validity later, the validity of the other terms and conditions of business shall not be affected.
Berlin, 01 October 2018