General terms and conditions

§ 1 Scope

These General Terms and Conditions apply to all business relationships between Litello GmbH, Kurfürsten Allee 53177, (hereinafter: Litello or "we") and consumers and entrepreneurs (hereinafter: customers) our digital content via online stores and applications (hereinafter: app).

Consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither attributable to his commercial nor his independent professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.
The General Terms and Conditions shall apply in the respective version current at the time of the conclusion of the contract. If, as an entrepreneur, you use conflicting or supplementary general terms and conditions, these shall only become part of the contract if we have expressly agreed to them.

§ 2 Conclusion of contract

Your contractual partner is Litello GmbH.
The presentation of our assortment in online stores and apps does not represent a legally binding offer in the sense of §§ 145 ff BGB, but a non-binding online catalog. Our assortment consists of digital content (hereinafter: Litello Books or books). You can add Litello Books to your shopping cart without obligation. You can make corrections at any time in the ordering process before sending the order. You place a binding order for the books contained in the shopping cart by clicking the order button ('buy'). Immediately after sending the order, you will receive a confirmation of receipt of your order by e-mail.

When a contract with us is concluded depends on the payment method you have chosen:

Direct debit (SEPA direct debit): with your click on the order button and provision of the book by us.
Credit card: with your click on the order button
PayPal: with your click on the order button

We save the text of the contract. You will receive your order data and these general terms and conditions by e-mail. Under "My Account" you can view the contract text, i.e. the order data, at any time. Upon request, we will provide you with a copy of the order data. We conclude contracts exclusively in German.

§ 3 Payment

All prices include the statutory value added tax.

We only accept the payment methods displayed during the order process. For all payment methods we do not charge any additional costs. For transfers from abroad, the bank may charge bank fees. If we have a valid e-mail address, the invoice will be sent by e-mail immediately after the book has been made available.

In principle, the following payment methods are available to you:

Direct debit (SEPA direct debit)
: You grant us a SEPA direct debit mandate when placing the order. In the invoice you will be informed about the date of the account debit (so-called prenotification). The account will be debited four (?) business days after the invoice has been sent. The period for advance notice of the date of the account debit (so-called prenotification period) is four business days.

Credit card: You send us your credit card details and we check your legitimacy. Immediately after placing your order, we block the invoice amount with the credit card company. The final charge to your credit card will be made no earlier than one day after the invoice has been sent (on Mondays or Thursdays).

PayPal: You will be redirected to the website of the online provider PayPal during the order process. In order to use this payment method, you must be registered with PayPal, legitimize yourself with your access data and confirm the payment instruction to us. Immediately after placing your order, we block the invoice amount at PayPal. The final debit of the PayPal account takes place at the earliest one day after the invoice has been sent (on Mondays or Thursdays).

§ 4 Delivery

The delivery of the purchased eBooks takes place in the Litello reader offered free of charge in the Apple App Store or Google Playstore or in the Litello web reader at litello.com/reader. The purchased book appears in your book overview and is available for download there.

The eBook may be stored on a maximum of three devices registered under your Litello account.

§ 5 Cancellation policy

You have a right of withdrawal in accordance with the following provisions:

Right of withdrawal
You have the right to revoke this contract within fourteen days without giving any reason. The revocation period is fourteen days from the day of the conclusion of the contract.
To exercise your right of withdrawal, you must inform us, Litello GmbH, Kurfürstenallee 5, 53177 Bonn, Germany, support@litello.com of your decision to withdraw from this contract by means of a clear statement (e.g. a letter or e-mail sent by post). For this purpose, you may use the enclosed sample revocation form, which, however, is not mandatory.
To comply with the withdrawal period, it is sufficient that you send the notice of exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the revocation
If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment.
Sample cancellation form
If you wish to revoke the contract, please fill out and return this form.
To
Litello GmbH
Kurfürstenallee 5, 53177 Bonn, Germany
E-mail: support@litello.com
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*):
Ordered on (*)
Name of the consumer(s):
Address of consumer(s):
Signature of consumer(s) (only in case of paper communication)
Date
(*) Delete where not applicable.
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End of the cancellation policy

Pursuant to Section 356 (5) of the German Civil Code (BGB), the right of withdrawal shall expire in the case of a contract for the supply of digital content not on a tangible medium if the Entrepreneur has commenced performance of the contract after the Consumer has expressly consented to the Entrepreneur commencing performance of the contract prior to the expiry of the withdrawal period and has confirmed his/her knowledge that by giving his/her consent he/she loses his/her right of withdrawal upon commencement of performance of the contract.

§ 6 Copyrights and rights of use

You can purchase Litello books for a fee or free of charge and save them on end devices of your choice, e.g. smartphone, tablet or PC. To use them, you need certain system requirements and our playback software (Litello app or Litello web app). Any connection costs incurred are to be paid separately by you to your service provider.

All e-books provided by us are protected by copyright.

You acquire an unlimited, simple, non-transferable right of use exclusively for non-commercial use. You are not granted any exploitation rights. In particular, you may not distribute the purchased e-books - neither digitally nor in printed form, in whole or in part - (§ 17 UrhG), make them publicly accessible (§ 19a UrhG) or pass them on to third parties in any other form. The right of reproduction (§ 16 UrhG) is limited to acts of reproduction that are exclusively for the user's own use.

The granting of the rights of use by us to you is subject to the condition precedent of full payment of the purchase price.

We are entitled to individually personalize digital content made available for download with visible and invisible markings in order to enable the identification and legal prosecution of the original purchaser in the event of improper use.

In the event of unauthorized use of the digital content by the purchaser or a third party, the purchaser undertakes to pay a contractual penalty of 10,000.00 euros per infringement.

§ 7 Customer reviews

If you write a customer review, we are entitled to display this text via all channels, e.g. online store, app and social media appearances of LitelloGmbH. We reserve the right not to display a review or to display it only for a limited period of time and, insofar as this is required for legal reasons (e.g. in the event of a violation of personal rights), in an abridged form. Customer reviews exclusively reflect your opinion and do not necessarily agree with our opinion.

§ 8 Liability

We exclude liability for slightly negligent breaches of duty, provided that

• this does not concern guarantees or obligations essential to the contract, i.e. obligations whose fulfillment is essential to the proper performance of the contract and on whose fulfillment the contractual partner regularly relies and may rely,
• it does not concern damages from the injury of the life, the body or the health,
• claims under the Product Liability Act remain unaffected.

In the event of a breach of material contractual obligations, the fulfillment of which is a prerequisite for the proper execution of the contract and compliance with which the contractual partner may regularly rely on (cardinal obligations) due to slight negligence on our part, on the part of our legal representatives or vicarious agents, the amount of liability shall be limited to the damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected. Otherwise, claims for damages are excluded.

The same applies to breaches of duty by our legal representatives or our vicarious agents.

§ 9 Protection of minors

If your order includes products whose sale is subject to age restrictions, we ensure that the customer has reached the required minimum age by using a reliable procedure involving personal identity and age verification.

§ 10 Dispute resolution

As of February 15, 2016, the EU Commission will provide a platform for out-of-court dispute resolution. This gives consumers the opportunity to initially resolve disputes in connection with their online order without having to go to court. The dispute resolution platform can be accessed via the external link https://ec.europa.eu/consumers/odr/. In this context, we are required by law to inform you of our e-mail address. This is: support@Litello.de.

We will endeavor to settle any disagreements arising from our contract amicably. Furthermore, we are not obligated to participate in arbitration proceedings and unfortunately cannot offer you participation in such proceedings.

§ 13 Final provisions

The legal relationship between you and us shall be governed by German law without the reference norms of private international law and excluding the UN Convention on Contracts for the International Sale of Goods (CISGG). If the customer is a consumer, the law of the customer's place of residence may also be applicable, provided that mandatory consumer law provisions are involved.

If the customer is a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, Bonn shall be the exclusive place of jurisdiction for all claims in connection with the business relationship.

Should one or more provisions of these General Terms and Conditions be invalid in whole or in part or lose their legal validity at a later date, this shall not affect the validity of the remaining provisions of these General Terms and Conditions.