Terms and Conditions

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.

1. 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.

2. 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.

3. 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.

4. 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.

5. 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.

6. 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.

7. 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.

8. 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.

9. 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.

10. 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.

11. 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.

12. 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.

13. 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.

14. 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.