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General Terms and Conditions
Börm Bruckmeier Publishing LLC hereby
submits the General Conditions that rule all purchases on the Börm
Bruckmeier Publishing LLC/Mobipocket website (hereinafter "the
Site"). Börm Bruckmeier Publishing LLC may regularly amend
these terms according to the modifications, additions, retractions,
and novelties of the Site. The user is advised to refer regularly
to the most recent version of The General Terms and Conditions permanently
available at www.media4u.com. Börm Bruckmeier Publishing LLC
reminds the user that placing an order on the Site implies full acceptance
of the General Conditions of Sale.
- Price
The prices of the articles offered for sale on our Site do not
include VAT and are submitted to the effective US laws in force,
in particular the laws concerning US taxes. Börm Bruckmeier
Publishing LLC products and services orders are payable in US
Dollars ($). Börm Bruckmeier Publishing LLC and its partners
reserve to right to modify at their discretion the prices for
all its products and services. In case of price changes during
placement of an order, the appropriate price will be precisely
the one inscribed on the product or service at the moment of sale.
- Order
Bruckmeier Publishing LLC reserves the right to regularly modify its products and services
catalogue. In the case where a customer erroneously orders a product
or service, Börm Bruckmeier Publishing LLC agrees to refund
that customer all monies with a voucher whose amount will correspond
to the paid surplus. In the case where Börm Bruckmeier Publishing
LLC or one of its partners are responsible for the error, Börm
Bruckmeier Publishing LLC agrees to provide a refund either in
the form of a voucher or in the form of a cheque whose amount
will correspond to the paid surplus. In return, the customer promises
to destroy all products obtained during the transaction.
- Payment, Security of Trade and Insurance
The price is immediately exigible at the moment an order is placed.
The customer is offered the option of credit card payment solely
through the services provided by PayPal Inc..
Security of electronic transactions: When an order is placed on
the Site, a valid credit card number will be required. Börm
Bruckmeier Publishing LLC promises to transmit that credit card
number under an encrypted digital format. Börm Bruckmeier
Publishing LLC has subscribed to the services of the PayPal system
in order to ensure secure credit card transactions on the Site.
During the placement of an order, the credit card number is sent
under a completely secure transmission to the financial establishment
duly allowed to receive your order payment. Börm
Bruckmeier Publishing LLC DOES NOT STORE YOUR CREDIT
CARD INFORMATION. Börm Bruckmeier Publishing LLC
stores only general order data relating to product type, quantity,
payment type, delivery address, etc., to ensure its proper execution
and payment. For further information about the payment process,
its security, and insurance policies please refer to PayPal’s
User Agreement Section at www.paypal.com.
- Invoicing
At the conclusion of an online purchase the customer will be sent
a digital invoice. Börm Bruckmeier Publishing LLC
will maintain at the customer’s disposal a digital copy of the
transaction invoice that can be made available upon request by
the customer in writing. This invoice is the proof of purchase
on the Site and the proof of the customer’s approval of the Börm
Bruckmeier Publishing LLC Trade General Conditions Agreement.
- Terms of Product or Service Use / Loadings
The customer hereby declares that the product or service purchased
on the Site is exclusively readable on the PDA corresponding to
the PID registered on the Site at the inscription moment. For
any other utilisation, the customer should sent an email to info@mobipocket.com
with an explanation. Once the payment has been processed, the
customer will be allowed to download the product or service. The
product will be available in the customer’s “My Library”
section of the Mobipocket account created according to the general
terms of use on the Mobipocket website. The customer’s "My
Library" section will serve as a repository of all products
and services purchased on the Site. In compliance with the General
Terms of Use, Börm Bruckmeier Publishing LLC reserves the
right to permanently remove a product or service from a customer’s
account especially in case of diffusion rights loss. The customer
is advised to preserve all purchased files on a computer hard
disk or other form of durable digital media.
- Return
Because of the nature of the products and services offered on
the Site and in order to avoid the risk of fraud, the customer
hereby forfeits the right of return for all products and services
including:
Services whose execution has already started.
Goods that cannot be returned because of their nature.
Software downloaded from the Site.
.
- Customer Service
For any further information, the customer should contact us at
the following address: info@mobipocket.com
or service@media4u.com. In order
to be offered personalized and effective customer service, the
customer promises to supply the company with real and complete
information during the Börm Bruckmeier Publishing LLC product
registration.
- Property and Risks Conveyance
The products and services property conveyance comes off at the
precise moment when the customer has completely paid the full
price for each product and service. The products and services
risk for loss and damages is conveyed to the customer at the moment
the customer makes the purchase and thereby accepts the Börm
Bruckmeier Publishing LLC General Terms of Use.
- Property Rights
Every element found on the Site, in particular the texts, information,
images, software, logos and other distinctive signs may be protected
by property rights in particular copyrights. The customer and
all users of the Site hereby promise not to reproduce, copy, sell,
resell, rent or exploit, either in whole or in part any of these
elements for commercial or any other purpose, without the expressed
permission of Börm Bruckmeier Publishing LLC.
Every representation or reproduction, total or partial, of the
Börm Bruckmeier Publishing LLC catalogue without Börm
Bruckmeier Publishing LLC license is strictly forbidden. The customer
is not allowed to reproduce, copy, sell, resell or exploit in
whole or in part the Börm Bruckmeier Publishing LLC catalogue
for a commercial or other purpose.
- Liability/Guarantees
Börm Bruckmeier Publishing LLC does not
provide any express or implicit guarantee, including, without
such list being exhaustive, the guarantees regarding the quality
and compatibility of the service with a specific use, and non-violation
of the service use rules by its users. In particular Börm
Bruckmeier Publishing LLC does not guarantee that the
service (i) shall exactly meet the customer’s expectations
(ii) shall be uninterrupted, timely, reliable or free of any error
(iii) the results that may be obtained by using the service shall
be accurate and reliable (iv) the quality of all the products,
services, information or other material bought or obtained by
the customer on the service shall be up to the customer’s
expectations, and (v) that any faults in the software used shall
be corrected.
Moreover, subject to the regulations in force, Börm
Bruckmeier Publishing LLC may not be held liable for
any direct or indirect damage (notably loss of profits, clientele,
data or other loss of intangible assets even if Börm
Bruckmeier Publishing LLC is informed that the potential
for such damage exists) that may arise from (i) the use or on
the contrary the impossibility of use of the service (ii) the
cost that may arise from the acquisition of substitute goods and
services (iii) following unauthorised access to the service by
a user or modification of the customer’s transmission or
databank (iv) following a declaration or the conduct of a third
party on the service and (v) any other issues concerning the service.
- Other Provisions
These General Conditions of Sale of the product and service represent
the entire agreement between Börm Bruckmeier Publishing
LLC and the customer for the use of the service, and
replace any previous agreement between the customer and Börm
Bruckmeier Publishing LLC. As indicated above, the customer
may also be subject to the additional General Conditions of sale
specific to certain services, third party content, and third party
software which will be provided to the customer when such services,
content, or software are accessed. Failure by Börm
Bruckmeier Publishing LLC to exercise its recognised
rights in application of these General Conditions of sale is(are)
cancelled by a court decision, the other provisions shall remain
valid and shall continue to apply to the parties. The headings
of the articles are provided for guidance only.
- Applicable Law
Regardless of the place of its physical execution, these General
Terms and Conditions of Trade shall be interpreted, construed,
and governed in all respects by the law of the state of California.
- Arbitration
If any dispute shall arise on this Terms of Trade, such dispute
shall be referred to binding private arbitration in Los Angeles,
California in accordance with the Rules of the American Arbitration
Association, and any arbitration award shall be fully enforceable
as a judgement in any court of competent jurisdiction. Notwithstanding
the foregoing, the parties shall have the right to conduct reasonable
discovery as permitted by the arbitrator(s) and the right to seek
temporary, preliminary, and permanent injunctive relief in any
court of competent jurisdiction during the pendency of the arbitration
or to enforce the terms of an arbitration award.
- Attorney's Fees
In any action on this Terms of Trade, including litigation and
arbitration, the losing party shall pay all attorneys' fees and
costs incurred by the prevailing party.
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