General terms and conditions

Last update: July 29, 2020

General terms and conditions for the website and the app booxli.com

We, the Booxli GmbH (hereinafter "Booxli" or "we") are pleased to welcome you to Booxli. With Booxli we want to give you an exciting and interesting time alone or together. Our primary goal is to offer you and all our clients a unique user experience and the best service.

In our General Terms and Conditions (hereinafter "Terms of Use") we inform you about our Terms of Use within the Booxli websites, including booxli.com, its subdomains and our mobile applications for mobile devices (hereinafter "Booxli Applications").

We ask you to read our Terms of Use carefully and completely and to contact us in case of any ambiguity or questions regarding our Terms of Use using the contact details given in paragraph 22.

We reserve the right to change our Terms of Use if this should become necessary due to new technologies, products, services or for legal reasons. Please ensure that you have the latest version. If fundamental changes are made to our terms of use, we will announce these changes on our Booxli applications.

Table of contents

I.    Our terms of use
II.   Booxli Conditions of Sale
III.  Booxli terms and conditions for gifts and vouchers
IV.  Additional Software Terms of Use
V.   Directive on the notification of copyright infringements

I. Our terms of use

1. The Booxli contents and the Booxli Services

We offer you through our Booxli applications, eBooks, Audiobooks and other digital reading, image, audio or video content (hereinafter "Booxli Content") for purchase, loan, use, reading, listening and viewing. This offer as well as the other free and paid services, applications and services of Booxli include the Booxli services (hereinafter "Booxli Services"). With the use of our Booxli services you accept our terms of use.

In addition to these Terms of Use, the Booxli services are subject to (i) the Booxli Terms of Sale for subscriptions, purchases and loans, which you make when using the Booxli services, (ii) the Booxli Terms of Business for gifts and vouchers, (iii) the additional Software Terms of Use and (iv) our Copyright Policy. Our handling of your personal data and our use of cookies and interest-based advertising can be found in our Privacy Policy, Cookie Policy and Interest-based Advertising Information.

2. Privacy policy

For information on our privacy policy, how we handle your personal data and your options for settings, please read our Privacy Policy, our Cookie Policy and our Interest-based Advertising Information.

3. Communication, messages and contacting

We communicate with you primarily by email and through notifications within the framework of our Booxli services. We take the liberty of sending you non-commercial messages to the email address associated with your account. If you have added an optional telephone and/or mobile phone number to your account, we may also contact you by telephone or send you non-commercial messages.

If you have actively given us promotional consent, we will also send you promotional information in the form of emails or messages to the email address associated with your account, or phone and/or mobile number added to your account.

Any communication from you must be sent to the address or email address given in paragraph 22 or to any other address which we may provide in an email, message or in our Booxli applications.

4. Personalized content

As part of our Booxli services in our Booxli applications we personalize recommendations, content, news and functions for you. Based on your inventory and usage data we will display recommendations for titles, authors, illustrators, speakers and publishers as well as suggest products, offers and functions for you to buy, rent or use.

5. Ownership and copyright

All content made available in or through the Booxli services, such as text, graphics, logos, icon buttons, images, audio clips, digital downloads, data collections and the Booxli content is owned by Booxli or its respective licensors and is protected by German and international copyright laws.

6. Brands and trademarks

Booxli, booxli.com and other trademarks made available in or through the Booxli services are trademarks or registered trademarks of Booxli in the European Union and/or other countries. Trademarks and marks of Booxli may not be used in a manner that is likely to cause confusion among customers or in a manner that disparages or discredits Booxli or in connection with any product or service that is not owned by Booxli. The use of these trademarks and signs is not allowed without prior written permission from Booxli. All other trademarks not owned by Booxli that appear on the Booxli services are the property of their respective owners, who may also be affiliated with Booxli.

7. License and access

Subject to your compliance with these Terms of Use and the payment of any applicable fees, we or the respective content provider grant you a limited, non-exclusive, non-transferable and non-sublicensable right to access and use the Booxli services for your personal, non-commercial use. Further license conditions can be found in the terms of sale. This license does not include the resale or commercial use of the Booxli applications or Booxli services, or its contents, the collection and use of product information, descriptions or prices, the derived use of the Booxli services or its contents, the downloading or copying of account information for the benefit of another merchant or the use of data mining, robots or similar data collection and extraction programs.

All rights not expressly granted to you under these Terms of Use or any other applicable terms are reserved by Booxli or its licensees, suppliers, publishers, copyright holders or other content providers. The Booxli services may not be reproduced, duplicated, copied, sold, resold or otherwise used for commercial purposes in whole or in part without the express written consent of Booxli.

No frames or framing techniques may be used to attach Booxli trademarks, logos or other copyrighted information (such as images, text, page layout) without the express written consent of Booxli. You may not use any meta tags or any other "hidden text" utilizing Booxli's name or trademarks without the express written consent of Booxli. Your legal rights remain unaffected. You are granted a limited, revocable and non-exclusive right to create a hyperlink to the Booxli services, provided that the link does not portray Booxli or its products or services in a false, misleading, derogatory or otherwise offensive manner. You may not use any logo or other copyright protected graphic or trademark as part of the link without express written permission.

You may use the Booxli services only to the extent permitted by our terms of use or by law. Any violation of our Terms of Use or other relevant terms and conditions, as well as any misuse of the Booxli applications, the Booxli Services or Booxli content will result in the expiration of the permission or license granted in this paragraph.

8. Your user account

As a registered user of the Booxli applications you receive or create one or more passwords and user accounts (hereinafter "Booxli User Account"). When you open a new Booxli User Account, this Booxli User Account cannot have the same email address as another already registered Booxli User Account. As far as you use the Booxli services, you are responsible for maintaining the confidentiality of your Booxli user account(s) and for restricting access to your computer or other end devices and you are responsible for all activities that take place through your user account(s). Booxli sells products for children, but sells them to adults who can purchase them with a credit card or any other permitted payment method. If you are under 18 years of age, you may use the Booxli services only with the involvement of a parent or guardian. Booxli reserves the right, in its sole discretion, to refuse service, close user accounts, remove or edit content, or cancel orders.

9. Reviews, user profiles, purchase recommendations and other forms of participation

Booxli offers you a variety of opportunities to actively participate in the development of the Booxli services and you are welcome to use these opportunities. These opportunities for participation are additional, voluntary additions to the Booxli-Applications and the Booxli-Services and are of course constantly changing. For all such opportunities including participation in contests the following rules apply:

There is the possibility for you to create a user profile. In addition to the data you have already entered during registration you can enter further personal information and photos about yourself and your family. You are free to use this function. The user profiles cannot be viewed publicly. However, it is possible that you can make certain information in your user profile visible to certain or every visitor of the Booxli services. Due to your explicit written request (by email, fax or letter) the user profile can be deleted by Booxli.

As a user of the Booxli applications and the Booxli services you are welcome to submit ratings, reviews or comments and forum contributions or other content (hereinafter "User Contributions") about the Booxli services.

By submitting user contributions, you grant Booxli an irrevocable, free of charge and sublicensable right, unlimited in time and place, to further extensive use of these contributions in any media, especially the right to copy, distribute and edit them, including the right to translate. You warrant that you have the right to use the User Submissions and their contents and that their use does not violate these Terms of Use, the rights of third parties or governmental orders and applicable laws. You grant Booxli and its licensees the right to use your name, which you use in connection with the licensed contributions as author designation, in connection with the contributions as author designation.

The user contributions, personal information and photos and their content may not be illegal, obscene, offensive, threatening or insulting, violate the intellectual property of third parties or invade the privacy of others. Please note that with regard to photos and user contributions, the provisions of copyright law must not be violated. Your User Submissions must not contain viruses, political content or advertising messages. You may not send chain letters, mass mailings or any form of "spam". User contributions may only be submitted under your name or your user name and not under false names or the names of third parties.

Booxli takes no responsibility and no liability for content published by Booxli users within the Booxli services. You are liable for all user contributions submitted by you and are obliged to indemnify Booxli from all claims made by third parties regarding the user contributions submitted by you and their content.

Booxli reserves the right to remove or change User Posts, but is not obliged to check the User Posts for accuracy and legality.

Booxli reserves the right to allow you access to certain areas of your user account only under certain conditions.

10. Fees

You confirm that we may charge your means of payment indicated in your Booxli user account for all Booxli content, accessories and related additional amounts (including taxes and late payment fees, if applicable) (hereinafter "Booxli Purchase Fees") that are incurred in connection with purchases made by you. All Booxli purchase fees will be charged to the payment method that you deposited during the registration. If you want to name another means of payment (e.g. another credit card), you have to change your payment information online under "My Profile" within the Booxli Services or by contacting the Booxli Customer Service. You may temporarily not be able to use the Booxli services to the full extent until Booxli has verified the new payment method information. You agree that Booxli may use all available legal means to collect Booxli purchase fees if our attempts to charge your credit card fail for any reason. This also includes collection and legal fees.

11. Infringement of intellectual property rights

Booxli respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notice and Notification of Copyright Infringement Procedure.

12. Product descriptions

We make every effort to ensure that product descriptions are as accurate and correct as possible. Unfortunately, we cannot guarantee that product descriptions or content are always accurate, complete, reliable, current or error-free. If you notice any errors in product descriptions or content in the Booxli services, please write to us at service@booxli.com and attach the following information to your email:

    • Where did you notice the error?
    • Which error did you notice?
    • If necessary, add references and sources for correction.

13. Booxli Software Conditions

In addition to these Terms of Use, with regard to all software (including updates and upgrades of the software and related documents) (hereinafter referred to as "Booxli software"), which we provide to you from time to time in connection with the use of the Booxli services, the conditions listed in Section V. Copyright Infringement Reporting Policy apply.

14. Other providers

We may offer content from providers other than Booxli and may allow providers other than Booxli to provide services or sell products related to the Booxli Services. We may also provide links to the websites of affiliated companies and certain other companies through the Booxli Services. Booxli is a distributor for third party content, not an editor, and is not responsible for reviewing or evaluating this content. We do not give any guarantee for the offers of any of these companies or individuals, nor for the content we receive from them or that is provided on their websites. Booxli assumes no responsibility or liability for the actions, products and content of third parties. You should therefore check their privacy policy and other terms of use carefully.

15. Removal of Booxli content or other materials

We reserve the right to remove or block access to Booxli content or other materials sent to you or otherwise displayed on the Booxli services, including content that infringes or allegedly infringes the copyright or other intellectual property, proprietary or other rights of any person, company or other rights holder. We are not responsible for removing or blocking access to Booxli content or materials.

16. Extraordinary termination

Booxli may at any time and in its sole discretion terminate your right to use the Booxli applications, the Booxli services, individual or all Booxli content and/or your Booxli user account, if Booxli determines in its sole discretion that you have violated these Terms of Use or any other policy or condition set on the Booxli applications or any policy or condition applicable to the Booxli services.

17. Modification, adjustment and termination of Booxli

Times change. Therefore it is quite possible that we have to change or adapt our Booxli services in the course of changes. Therefore, we reserve the right to change and adapt our Booxli services and to suspend or discontinue our Booxli services and/or your use of the Booxli services, the Booxli contents and the Booxli applications or parts of them temporarily, partially or completely. If we exercise this right, you may be entitled or partially entitled to a refund or compensation, for example if you have taken out a subscription.

Any claim or partial claim for a refund or compensation must be actively submitted by you to the address given in paragraph 22 and registered accordingly. We will inform you about changes, adjustments or the termination of the Booxli services, the use of the Booxli services, the Booxli content and the Booxli applications as soon as possible in our Booxli applications.

18. Liability of Booxli

Booxli is liable without limitation if the cause of damage is based on intent or gross negligence. Furthermore, Booxli is liable for the slightly negligent violation of essential obligations, the violation of which endangers the achievement of the purpose of the contract, or for the violation of obligations, the fulfilment of which makes the proper execution of the contract possible in the first place and on the observance of which you regularly rely. In this case Booxli is only liable for the foreseeable, contract-typical damage. Booxli is not liable for the slightly negligent breach of other obligations than those mentioned in the above sentences.

The above limitations of liability do not apply in the case of injury to life, body and health, for a defect after the acceptance of a guarantee for the quality of the product and for fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.

As far as the liability of Booxli is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.

19. Applicable law and jurisdiction

For all legal relations between you as a Booxli user and Booxli, the law of the Federal Republic of Germany applies exclusively, excluding the provisions of the Uniform International Sales Convention (CISG). Exclusive place of performance for contractual obligations is the business location of Booxli.

Since we always strive to solve disagreements together, we prefer in case of disputes to discuss your concerns directly and personally with you and to find an amicable solution. Therefore, please contact us immediately and directly at the address mentioned in paragraph 22 and tell us your request. We will then enter into dialogue with you as soon as possible. We do not participate in consumer arbitration proceedings.

20. Guidelines for the use of the Booxli services, changes and severability clause

Please also pay attention to the other terms and conditions, such as our Terms and Conditions of Sale, which govern any purchase you make through the Booxli Services, as well as the Terms and Conditions for Gifts and Vouchers. From time to time it may be necessary to update, adapt or amend the Terms and Conditions, in particular the Terms of Use or Sales Terms. Booxli will inform you in a suitable form about significant changes to the conditions. We have the right to change these Terms of Use, the Additional Terms and the Privacy Policy at our sole discretion. If we change the present conditions in essential points, we will inform you in advance in an appropriate form about the expected changes. You then have the right to object to the changes to the terms and conditions. If you wish to object to the changes, please inform us by e-mail, fax or letter within 14 days. If you do not object to the changes within 14 days, the changes will be considered approved and the new version of the conditions will be considered accepted. Each time we inform you about expected changes, we will remind you of your right to object to the changes. If any term or provision in any policy in the Booxli Applications or in these Terms of Use is found to be invalid, void or unenforceable for any reason, that term or provision shall be deemed severable and shall not affect the validity and enforceability of the remaining terms and conditions.

21. Infringing contents

Through our Booxli services we offer you many contents and products. For each product we constantly store new user comments and ratings. Due to the large number, it is unfortunately not possible for us to know all contents, comments and ratings continuously and immediately. If you become aware of a content, comment or rating that you believe to be illegal or violates our comment rules, please inform us immediately. In this case please write to us at mail@booxli.com and attach the following information to your email:

    • What did you notice?
    • Where did you notice it?
    • If necessary, attach a screenshot to your email.

22. Contact us

Booxli GmbH
Kirschgartenstraße 37
69126 Heidelberg

Web: booxli.com
Mail: mail@booxli.com

II. Booxli Conditions of Sale

1. Purchase options of Booxli contents

Every user with a Booxli user account can purchase Booxli content in a single purchase (hereinafter "Single Purchase"). Details are regulated by these conditions. By making a purchase through the Booxli services you accept these Terms of Sale.

2. Conditions of purchase and subscription of Booxli Content

In order to use the available Booxli content, you must meet certain minimum technical system requirements. You can find these in our terms of use. To use and manage the Booxli content you need the Booxli applications, which are provided free of charge by Booxli. In particular you should have a suitable online access that allows you to access the Booxli services (a DSL broadband connection is recommended). The connection costs arising from the use of the services are not part of this contract.

Personal requirement for the use of the Booxli services is that you are at least 18 years old. The use by minors is only allowed under the supervision of a parent or guardian. This parent or guardian must conclude the contract and must supervise the use of the Booxli Services. If there is reasonable doubt about the age of majority, Booxli is entitled to require you to provide a certified copy of an identity document.

The use of the Booxli Services is provisionally only permitted for end users. For this reason Booxli does not perform billing for commercial purposes. You can view your orders under "My Profile".

The use of basic functions of the Booxli Services is free of charge and possible without the registration of a Booxli User Account. For the full use of the Booxli Services and the use of Booxli Content, the further prerequisite is that you register and create a user account by submitting the required login data. For this purpose it is necessary that you enter your email address and choose a password (hereafter "Access Data"). The registration is complete as soon as Booxli has confirmed the successful registration after checking your registration data.

For the purchase of Booxli Content you are also required to enter further personal data (title, first name, surname, address) and your billing data (credit card data or online authorization for SEPA Direct Debit).

Booxli permanently stores the Booxli content you have obtained in your personal online library, which you can access with your access data. This online library remains after the termination of the contract and allows you to access your purchased Booxli Content also in the future. The online library will only be deleted upon your explicit and written request.

You are obliged to provide correct and complete information during the registration process and, in case of changes to your personal data, to adjust them immediately in the section "My Profile" within the Booxli Services. Booxli reserves the right to prosecute criminal and civil law in case of incorrect payment information or illegal provision of incorrect data or data of third parties.

We ask you to handle your access data carefully and especially not to give your password to third parties. You bear the responsibility for any not careful handling of these data. If Booxli becomes aware of the unauthorized use of the access by third parties, Booxli is entitled to block your access to Booxli content without notice. In your own interest, please choose secure passwords that are not identical with each other.

3. Conclusion of contract & possibilities to purchase Booxli-Contents

After the verified registration you are entitled to receive Booxli content online via the Internet according to these terms of sale. Booxli offers you different ways to purchase Booxli Content:

i. Free Content

As part of the Booxli services we offer you free Booxli content.

      1. The free Booxli content is made available to you for an unlimited time. The free Booxli content does not become your property and there is no legal claim to receive this content. The free Booxli content is basically available to all customers for private use within the Booxli applications. To use it it is necessary that you register as a Booxli User and agree to the General Terms and Conditions. We reserve the right to charge the claimed services as compensation in case of illegal use.
      2. We reserve the right to remove the Booxli content provided free of charge at any time and without prior notice or to make it available in the context of other purchase options. In this case the free Booxli content will be removed from your personal library.

ii. Single Purchase

Booxli contents can be obtained individually from the overall Booxli offer. The contract between you and Booxli is concluded with the binding order of the selected Booxli Content and the confirmation of the purchase within the Booxli Services. With the conclusion of the contract, our payment claim against you is established. After completion of the checkout process, the Booxli Content is immediately transferred to your personal library where it is available for download and use. If the payment method you have specified is rejected for any reason, Booxli is entitled to charge another payment method stored in your account instead. After your first successfully completed and paid purchase, you can make unlimited purchases within the Booxli offer.

iii. Delivery of Booxli Content

All Booxli content purchased by you is made available to you through your Booxli user account.

iv. Transfer of Risk

With the purchase and the making available of the Booxli content you have purchased, the risk for the successful completion of your download process as well as for the loss of Booxli content you have downloaded, including loss due to file damage or device or hard drive crashes, is transferred to you. Acquired Booxli Content is usually still available through your Booxli user account, but may be temporarily or permanently unavailable due to possible licensing restrictions of content providers or other reasons. Booxli is not liable to you if Booxli content is no longer available for further download. In this case a full or partial refund of already paid fees is not possible. Accordingly we ask you to download Booxli Content immediately after purchase. If you are still unable to download after reviewing our online help pages, please contact the Booxli Service.

v. Availability of Booxli-Contents

Booxli makes reasonable efforts to provide Booxli content in a timely manner. Occasionally, technical or provider-related problems may delay or prevent delivery. You acknowledge that the availability of Booxli Content that has not been created at the time you purchase such Content, or that you expect such Content to be delivered, depends on the creation of the Content by the Provider. In this case, with respect to such Booxli Content that is not delivered within a reasonable time frame, you may request a replacement of such Booxli Content with similar programs or an extension of the applicable subscription period or, if both are not available, a pro rata credit to your Booxli account or a refund of the amounts paid or fees for the amount of such Booxli Content. Your legal rights remain unaffected. If you find an error in Booxli Content, you can contact the Booxli Service and Booxli will advise you on the correct download procedure and hardware requirements. If you are still not able to download a working copy of the Booxli Content, Booxli will provide you with replacement Booxli Content or give you a credit to your Booxli account or a refund of the paid amounts or fees. This is at the discretion of Booxli, provided you contact the Booxli service within 7 days after your first attempt to download the Booxli Content or to download it, provided you comply with the technical as well as the registration and payment conditions for the Booxli service.

4. right of withdrawal, voluntary obligations and legal warranty

REVOCATION INSTRUCTION

i. Right of withdrawal

You have the right to cancel this contract within 14 days from the day on which you or a third party designated by you, who is not a carrier, took possession of the goods (or the last goods, partial shipment or piece in the case of a contract for several goods of a uniform order or the delivery of a goods in several partial shipments or pieces) or from the day of the conclusion of the contract, in the case of digital content that is not delivered on a physical medium (e.g. CDs or DVDs), without giving reasons.

In order to exercise your right of revocation, you must inform us (Booxli GmbH, Kirschgartenstraße 37, 69126 Heidelberg) of your decision to revoke this contract. You can contact us or use this sample revocation form.

In order to comply with the cancellation period, it is sufficient that you send the notification of the exercise of the right of cancellation before the end of the cancellation period and that you return the goods within the period defined below.

For additional information regarding the scope, content and explanation of the exercise, please contact our Booxli-Sevice.

ii. Consequences of the cancellation

If you cancel this contract, we will refund all payments for the purchased goods we have received from you and we will reimburse you for the cost of the cheapest standard delivery we offer. This refund will be made immediately and, subject to the situations below, no later than fourteen days from the date we receive notice of your cancellation of this Agreement. For this refund we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you. Under no circumstances will we charge you any fees for the repayment. We may refuse to refund until we have received the goods or until you have provided proof that you have returned the goods, whichever is earlier.

You must return the goods without delay and in any event no later than fourteen days from the date on which you notify us of the cancellation of this agreement. This period is deemed to have been observed if you send the goods before the expiry of the fourteen-day period. You have to bear the regular costs of the return shipment if the delivered goods correspond to the ordered goods and if the price of the goods to be returned does not exceed an amount of 40 Euros or, in case of a higher price of the goods, if you have not yet provided the consideration or a contractually agreed partial payment at the time of the revocation. Otherwise the return is free of charge for you. Items that cannot be sent by parcel post will be picked up from you. You only have to pay for a possible loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for testing their condition, properties and functionality.

iii. Exceptions to the right of withdrawal

The right of withdrawal does not exist or expires for the following contracts: for the delivery of digital contents (including Booxli downloads, MP3 etc.), which are not delivered on a physical data carrier (e.g. a CD or DVD), if you have explicitly agreed to the start of the execution before the order and have confirmed at the same time that we can start with the execution and you lose your right of withdrawal as soon as the execution has started.

END OF THE REVOCATION INSTRUCTION

iv. Legal warranty law

As a bestseller in the European Union, you have warranty rights for a period of two years from the delivery of the goods, if the goods purchased from Booxli prove to be defective or not as described, you have a legal right of warranty.

v. Granting of rights

The Booxli contents are protected under copyright, trademark, name and, if applicable, other legal aspects. Booxli grants you a non-exclusive and non-transferable license to download or stream Booxli content to your mobile device for your personal, non-commercial use. You are not allowed to use the Booxli content beyond the usage allowed in this grant of rights.

You are not allowed to modify, disassemble, convert, change the Booxli content and to distribute, make available, exchange and/or use it in any way commercially on the Internet or other networks, whether for payment or free of charge.

If a third party unauthorizedly uses your authorization to obtain and use the Booxli content for reasons for which you are responsible, you are obligated to reimburse Booxli and the other rights holders for any costs incurred and/or to meet claims for damages.

vi. Payment and settlement

The prices result from the price quotations for the respective Booxli content in the offer of the Booxli Service. All prices include the legal value added tax.

The respective purchase price for individual purchases is due immediately and will be collected by Booxli from your deposited payment method. If the payment method you have indicated is rejected for any reason, Booxli is entitled to debit another payment method deposited in your Booxli account. A cancellation of order transactions is only possible if the Booxli Content has not yet been downloaded.

In the case of services or goods sent to you by mail, such as the delivery of a mobile device, additional shipping costs may apply. These shipping costs will be charged to you additionally and are also due immediately.

Under "My profile" you can see an overview of your orders. A further billing does not take place.

Booxli accepts credit card payment. By entering your credit card data you authorize Booxli to charge your credit card according to the general conditions for credit card payments.

You are responsible for ensuring that the billing information (credit card or account information for SEPA direct debit) is complete, current and admissible in order to guarantee timely payments. Your billing information can be viewed and changed by you at any time in the "My Account" section of the Booxli Service. If the means of payment you have specified is rejected for any reason, Booxli is entitled to debit another means of payment stored in your Booxli account.

If a SEPA Direct Debit cannot be cashed by your bank and you are responsible for this circumstance, Booxli is entitled to demand the invoice amount plus the costs incurred by Booxli in a reasonable and usual amount. In case of a delay in payment, Booxli is also entitled to charge default interest at the legal rate - 6 percentage points above the base rate announced by the European Central Bank. If Booxli can prove that Booxli has incurred higher damages due to the delay, Booxli is also entitled to claim these damages in the actual amount.

Booxli is also entitled to block the access to the Booxli Content in your Booxli User Account, if you are in default of payment or if the transmitted billing data/documents do not lead to a punctual and complete payment of due claims of Booxli.

Should the outstanding amount not be paid even after a repeated payment request or a repeated collection by Booxli, Booxli authorises - by passing on the necessary data - a third party to assert (dunning) the claim and to manage the claim (collection, legal action and enforcement proceedings). All costs arising from the dunning process or claims management will be added to the claim as compensation in addition to the performance of the claim.

III. Booxli terms and conditions for gifts and vouchers

In addition to the above terms of use for the Booxli service, the purchase and redemption of donated Booxli content, promotional vouchers and Booxli gift certificates are subject to the following terms and conditions. With the purchase or redemption of a gift Booxli Content, a promotion voucher or a Booxli Voucher you agree to these Terms and Conditions (in addition to the Booxli Terms and Conditions).

1. General conditions

i. Liability

Booxli is liable without limitation if the cause of damage is based on intent or gross negligence.

Furthermore Booxli is liable for the slightly negligent violation of essential obligations, the violation of which endangers the achievement of the purpose of the contract, or for the violation of obligations, the fulfilment of which makes the proper execution of the contract possible in the first place and on the observance of which you regularly rely. In this case Booxli is only liable for the foreseeable, contract-typical damage. Booxli is not liable for the slightly negligent breach of other obligations than those mentioned in the above sentences.

The above limitations of liability do not apply in the event of injury to life, body and health, for a defect after the assumption of a guarantee for the quality of the product and for fraudulently concealed defects. Liability under the Product Liability Act remains unaffected. As far as the liability of Booxli is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.

ii. Miscellaneous

Gift subscriptions, donated Booxli content, promotional vouchers, Booxli vouchers and their use within the Booxli service are subject to the Booxli Service Terms of Use and the Privacy Policy. Booxli reserves the right to update these terms and conditions from time to time at its own discretion. Promotional vouchers and Booxli vouchers require verification. If you have any questions regarding your gift subscription, your voucher code or your voucher please contact our customer service.

2. Gift Booxli content

i. Term and use

Booxli Contents purchased as gifts (hereinafter "Gifted Booxli Contents") are given to the recipient in the form of a gift code. Gifted Booxli Contents are to be redeemed within the Booxli Service and may only be used for the specified item.

Promotional vouchers as well as free copies issued during a trial month cannot be used to purchase a Gift Booxli Content. If the recipient already has the Gifted Booxli Content in his library or the article is not available in the recipient's country, the recipient will receive either a corresponding credit or voucher, depending on whether the Gifted Booxli Content was acquired by redeeming a Booxli voucher or by payment. The recipient of such credits or vouchers cannot use them to purchase a Gift Booxli Content.

The gift code does not expire before being redeemed by a recipient.

Recipients of Gift Audio Books must have a Booxli User Account or create a corresponding Booxli User Account to redeem a Gift Booxli Content. The buyer of a Gift Booxli Content can be informed by Booxli at its own discretion within the Booxli Service under "My Profile" whether the Gift Booxli Content has been redeemed by the recipient.

ii. Restrictions

Gifted Booxli Content cannot be redeemed for the purchase of Booxli Content from Booxli, its affiliates or any other natural or legal person, unless otherwise stated in these terms and conditions.

Gifted Booxli Content cannot be used to purchase other Booxli Content or Booxli Vouchers.

Gifted Booxli Content cannot be resold, transferred for payment, redeemed for cash or used for another user account, unless required by law. Unused gift Booxli content in a Booxli user account is not transferable.

The resale of a given Booxli content or its use for unauthorized advertising, marketing, lottery or other promotional purposes is strictly prohibited.

iii. Fraud

Booxli has the right to close user accounts or terminate Gift Booxli Content or to restrict or suspend the redemption of Gift Booxli Content or to settle via alternative forms of payment, if a fraudulently obtained Gift Booxli Content is redeemed and/or used to make purchases within the Booxli Services.

3. Promotional vouchers

i. Term and use

Promotional vouchers serve exclusively for advertising purposes. Promotional vouchers must be redeemed within the Booxli service and are only redeemable for Booxli content, credits or other promotional offers determined by Booxli. Promotional vouchers expire according to the conditions which are transmitted with the promotional voucher. When redeemed for a voucher the voucher can expire after a certain time. Recipients of promotion vouchers must have a Booxli user account or create a corresponding Booxli user account to be able to redeem promotion vouchers.

ii. Restrictions

Promotional vouchers cannot be used to purchase Booxli content or Booxli vouchers as gifts.

Promotional vouchers cannot be resold, transferred for a fee, redeemed for cash or used for another Booxli user account, unless required by law. Unused promotion vouchers in a Booxli user account are not transferable.

The resale of a promotion voucher or its use for unauthorized advertising, marketing, lottery or other promotional purposes is strictly prohibited.

iii. Fraud

Booxli has the right to close Booxli user accounts or to cancel, restrict or suspend donated Booxli content if a fraudulently obtained promotion voucher is redeemed and/or used to make purchases within the Booxli service.

4. Booxli vouchers

i. Term and use

From time to time Booxli may, at its sole discretion, give rewards to existing Booxli account holders in the form of vouchers (hereinafter "Booxli Vouchers").

Booxli vouchers can only be redeemed within the Booxli Service and only for Booxli content. Booxli deposits a voucher directly in the Booxli user account of the Booxli user account holder and sends the recipient an email stating that the voucher is available. If the Recipient makes a purchase within the Booxli Service and does not use any other vouchers, vouchers are used first as payment method for the purchase amount. The full amount of the purchase price is deducted from the amount of the voucher until the available funds on the voucher are used up. If a purchase with a voucher exceeds the amount of the voucher, the difference is automatically debited to the payment method that Booxli has stored for the Booxli User Account holder.

Vouchers expire according to the conditions stated in the notification email.

The value of a Booxli voucher is determined by Booxli at its own discretion.

ii. Restrictions

Booxli vouchers cannot be used to purchase Booxli content or Booxli vouchers as gifts.

Booxli vouchers cannot be resold, transferred for a fee, redeemed for cash or used for another Booxli User Account, unless required by law. Unused credits of Booxli vouchers in a Booxli User Account are not transferable. The resale of a Booxli voucher or the use for unauthorized advertising, marketing, competitions or other promotional purposes is strictly prohibited.

iii. Fraud

Booxli has the right to close user accounts or cancel, restrict or suspend gift Booxli content if a fraudulently obtained Booxli gift voucher is used and/or redeemed to make purchases within the Booxli service.

IV. Additional Software Terms of Use

1. Use of the Booxli software

The Booxli software may only be used to the extent intended by Booxli to use the Booxli services and enjoy their benefits. Details can be found in the Terms of Use, these Software Terms of Use and all other relevant conditions. You may not incorporate the Booxli software, in whole or in part, into your own programs, nor compile it, in whole or in part, in connection with your programs, transfer it for use in other services, or sell, rent, lease, loan, distribute, distribute or sublicense the Booxli software, or otherwise transfer rights to the Booxli software, in whole or in part, to third parties. You may not use the Booxli software for illegal purposes. We reserve the right to terminate the provision of the Booxli software or your right to use the Booxli software at any time. Your right to use the Booxli software expires automatically without further notice if you violate these Software Terms of Use, the Terms of Use or other relevant terms. Additional conditions of third parties, which apply to certain Booxli software or are distributed with it and which are explicitly listed in the related information, are also applicable with regard to the Booxli software and take precedence in case of conflict with the Terms of Use or these Software Terms of Use. Any software used in the Booxli applications or Booxli services is owned by Booxli or its software suppliers and is protected by copyright.

2. Use of third party services

If you use the Booxli applications or Booxli services, you may be using the services of one or more third parties at the same time, such as a telecommunications or mobile phone company. The use of this service may be subject to additional conditions and guidelines, in particular additional fees for these services may apply.

3. No imitation

You may not modify, disassemble, convert, change or otherwise alter the Booxli software, either in whole or in part, or make any other changes or create derivative programs from it, nor may you encourage or commission third parties to help you do so.

4. Updates

To keep the Booxli software always up to date, we can offer automatic or manual updates at any time and without prior information.

5. Export regulations; state end users

You warrant that you will comply with all export and re-export restrictions and regulations applicable to you. You further warrant that you will not transfer, participate in or permit any digital content to be transferred to any country prohibited by any such regulations or restrictions.

V. Directive on the notification of copyright infringements

In your opinion, has copyrighted material in connection with the Booxli services been reproduced in an illegal manner? If so, please send us an e-mail or written notice to the contact address below for copyright infringement notifications. Please include the following information with your message:

    • A description of the copyrighted work that you claim has been infringed;
    • Identification of the exact location of the infringing material within the Booxli services (e.g., a link/URL)
    • Your address, telephone number and e-mail address;
    • An assurance from you that the use of this content is not authorised by the owner of the rights himself, by another person authorised to do so or by law;
    • A statement by you that all of the above facts are true, that you are the author or act on the author's behalf and that His statement may be used in legal proceedings if they arise in connection with the relevant content;
    • An electronic or physical signature of the person authorized by the copyright owner to assert the infringement.

Contact for reporting copyright infringement:

Booxli GmbH
Kirschgartenstraße 37
69126 Heidelberg

Web: booxli.com
Mail: mail@booxli.com