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General Terms and Conditions
General Terms and Conditions of ciando GmbH, Franziska-Bilek-Weg 9, 80339 Muenchen, Germany (subsequently called ciando) for using its online service.
§ 1 Scope of Application
The following general terms are applicable for all digital contents provided by ciando whether free of charge or in return for payment. The general terms apply for every first-time and future access to any such contents, even if the user does not reconfirm the application of the general terms and conditions during future visits or future access to contents. The general terms and conditions can be printed. The conclusion of the contract is effected in English language.
§ 2 Registration
A registration of the user is required for accessing and purchasing contents. The registration itself is free of charge without any contractual obligations or payment obligation resulting from it. Contractual obligations or payment obligation do not evolve until the user explicitly confirms his/ her intention to purchase contents and concludes the contract for content access. With the registration the user agrees to his/ her entered data being subject to plausibility checks by ciando or companies assigned by ciando. The user is obliged to communicate changes of the entered data to ciando. ciando has the right to reject or cancel a registration.
§ 3 Availability
The registered user is granted access to ciando's online service. As a general rule the (registered) user can acquire ciando's contents 24 hours a day. ciando does not guarantee the availablity of its online service. Neither does ciando guarantee certain results when employing the search engine of ciando's online service, nor is ciando liable for possible internet interruptions.
§ 4 Conclusion of Contract
With the transmission of an order by clicking on the button "Send order" and ciando's confirming the acceptance of the order or ciando's providing the file for download, the conclusion of the contract becomes effective. The right of withdrawal / revocacation is regulated in §7. ciando saves the data of the contract and displays the provided files to the user if the "Account"-button is being clicked.
§ 5 Fees, Invoicing, Terms of Payment
No monthly fees or obligation to subscribe occur. The prices for the contents are evident from the current price list. The user is obliged to pay the agreed prices for the purchased contents. Possible telecommunication fees are borne by the user. Users registered according to the rules who have accessed contents with costs receive an invoice at regular intervals by e-mail. ciando merely accepts the payment methods offered for the respective order. In case of a declined payment by credit card or direct debit the user irrevocably authorizes his bank to disclose his/ her current address.
§ 6 Copyright
The contents distributed by ciando are protected by copyright. The user commits himself/ herself to acknowledge and adhere to existing copyright provisions. The user does not acquire ownership. The eBooks are protected with digital rights management (DRM) software by Adobe, unless indicated otherwise. The eBooks might be stamped individually with a digital watermark enabling the identification and prosecution of the original user in case of copyright violation. The user acquires from ciando the non-exclusive, non-transferable, territorially and temporally unlimited usage right for the acquired e-book in order to download the purchased e-book to a device of his choice (computer, e-reader) and transfer it to up to five more different devices, provided the reading software Adobe Digital Editions is installed on these devices. The user is allowed to save the downloaded e-book file on each of his/ her devices. The user can make the e-book visible on his/ her devices as often as the user wants. Usage beyond that is determined by the scope of German copyright (§§ 44 a ff. UrhG). The user is not allowed to delete copyright annotations, trademarks, digital watermarks and other legal reservations from the downloaded contents.
§7 Right of revocation
If you are an individual and are not buying goods on behalf of a business, there are certain circumstances in which you may withdraw from the contract and these are set out here. This right to withdraw does not apply to business buyers.
Right of revocation
You may declare the revocation of your contractual statement in text form (e.g. letter, fax, email) within a period of 14 days. This revocation does not have to contain any reasons for the revocation. The revocation period commences after receiving this revocation instruction in text form, but not before the receipt of the goods sold. “receipt” shall mean the successful download of the eBook or accessing the eBook with the browser-based online-reading application. Neither does the revocation period commence before our fulfilling our obligation to inform in accordance with article 246 § 2 in connection with §1 clause 1 and 2 EGBGB and our obligations according to § 312g clause 1 sentence 1 BGB in connection with article 246 § 3 EGBGB. The time-limit shall be deemed to be observed by the timely dispatch of the declaration of revocation.
The revocation is to be sent to:
Mail: ciando GmbH, Franziska-Bilek-Weg 9, 80339 München
Consequences of revocation
In case of a valid revocation, all mutually received performances are to be restituted by either side. You are obliged to delete all eBook-files stored on any of your devices. All reimbursement obligations must be fulfilled within 30 days of the declaration of revocation.
End of revocation instruction
§ 8 Warranty/Liability
The user has the sole responsibility for selecting the contents. If the download is not successful the user is entitled to further downloads of the corresponding contents. ciando assumes no further liability in relation to the user, except liability for damages due to breach of contractual obligations which are essential for fulfilling the purpose of the contract, for deficient products and for violation of life, body and health occurring due to negligent violation of obligations by ciando or due to a deliberate or negligent violation of a legal representative or auxiliary person of ciando. Moreover ciando assumes liability for other damages due to a grossly negligent violation of obligations by ciando or due to a deliberate or grossly negligent violation of a legal representative or auxiliary person of ciando.
§ 9 Username and Password
It falls to the user to take adequate measures to safeguard his username and password. ciando assumes no liability for damages resulting from the abuse or loss of the user's username and password.
§ 10 Newsletter
Clicking the button "Send order" the user explicitly agrees with his address and e-mail being used for occasional information about contents updates by ciando. The approval for such use of his address and e-mail can be withdrawn at any time by sending an informal e-mail requesting the withdrawal to email@example.com.
§ 11 Application of Cookies
The user complies with ciando's using so-called session-cookies for registration and for the use of its online service.
§ 12 Security Guarantee
ciando employs a secure transmission method, the so-called "Secure Socket Layer" (SSL-)transmission, for processing user data. All data transferred using this secure method is encrypted.
§ 13 Final Clause
Only German law excluding United Nations Convention on Contracts for the International Sale of Goods (CISG) is applicable. The place of jurisdiction for merchants is Munich. Should a part of the contract which is not substantial be ineffective under these conditions, the effectiveness of the contract remains unaffected.