General Terms and Conditions of Business
Funeread s.r.o. | Šafárikovo nám. 4 | SK-81102 Bratislava
These GTCs shall govern all present and future legal relationships between Funeread s.r.o. (“Funeread”) and the online product customer (“Customer”) on the Internet portals (“Websites”) operated by Funeread. Terms which deviate from or conflict with these GTCs shall only be binding on Funeread if Funeread has previously consented thereto in writing. This shall also apply to any Customer terms of business. By registering on the website the Customer declares that he has had an opportunity to read these GTCs and that he accepts their content as the content of the contract between himself and Funeread.
Funeread will facilitate the Customer’s access to the Website. The Customer must register on the Website in order to use the download and shopping features. The Customer is not charged for registration. Only natural persons with unlimited capacity to undertake a legal transaction are allowed to register. Each individual can only register once on the Website. During registration the Customer must truthfully complete in full the fields designated by Funeread as mandatory and marked with an ”*”. When the registration process has been completed an e-mail confirming his user account will be sent to the e-mail address supplied by the Customer. This transmission constitutes Funeread’s acceptance of the application made by the Customer to conclude a permission for use contract. The Customer must activate his account via the link contained in this e-mail. If the Customer does not activate his user account within 10 days of registration, his application for registration shall lapse. The Customer can delete his user account at any time.
3. Conclusion of contract and scope of service
The Customer can select from the range of Funeread products, in particular e-books, e-book readers and accessories and gather them in what is known as a “shopping basket” using the “Add to basket” button. By clicking on the “Place order” button, the Customer makes a binding request to purchase the goods in the basket. The Customer can view and amend the details at any time before placing the order. The request can only be submitted and transmitted, however, if the Customer has ticked the “Accept GTCs” box and thus indicated that he has noted and agrees to these contractual terms. Funeread will send the Customer an automatic confirmation of receipt by e-mail, which sets out the Customer’s order again and which the Customer can print out using the “Print” function. The automatic confirmation of receipt merely confirms that Funeread has received the Customer’s order and does not constitute acceptance of the request.
3.1. Free downloads
Funeread shall provide the Customer with content to download, which the Customer may download and use free of charge. This is primarily screen savers, cursors, images and drawings, also occasionally e-books. These are labelled as “free”. In so doing Funeread shall be at liberty to change, increase or reduce the free content at any time. Funeread shall also not be obliged to host this content itself, but can also link to external content without specifically identifying this.
3.2. Chargeable downloads
In addition to free downloads, Funeread offers the Customer the opportunity to purchase and download e-books for payment. In so doing Funeread shall be at liberty to change, increase or reduce the content provided at any time. Funeread shall also not be obliged to host this content itself, but can also link to external content without specifically identifying this. The Customer shall be entitled to download an e-book he has purchased from the Website up to three times. The Customer will receive a licence for the e-book purchased limited to three downloads. After the third download the Customer’s download licence will expire and he will have to purchase a new licence for another download.
3.3. Hardware and accessories
The Customer can purchase e-book readers and accessories, especially e-book reader screen protectors and covers, via the Website. In so doing Funeread shall be at liberty to change, increase or reduce the content provided at any time. Actual availability of the selected item or the selected version of the item shall be governed by its actual availability at the time of purchase. If an ordered item is not in stock at the time of order, Funeread will notify the Customer of this via a separate e-mail. If the product cannot b delivered for more than 30 consecutive days, Funeread shall refrain from accept the order. In this case no contract shall come into being. The payment already debited to the Customer will be refunded within 30 days. The Customer shall not be entitled to cancel the contract due to a merely temporary delivery delay of less than 30 days from date of order.
3.4. Regional restriction
Funeread reserves the right to only offer specific items in certain countries and/or regions.
4. Payment and dispatch
4.1. Chargeable e-books
In each case payment shall be effected in advance using the Customer’s choice of payment services offered by Funeread. As soon as the payment service provider has confirmed to Funeread successful completion of the payment transaction, the download link to the purchased item will be activated for the Customer. The Customer must take care of downloading the file himself. Funeread shall not be liable for failed or faulty downloads, which can be ascribed to the hardware or software configuration, in particular anti-virus software or firewalls, used by the Customer.
4.2. Hardware and accessories
In each case payment shall be effected in advance using the Customer’s choice of payment services offered by Funeread. At the earliest dispatch will take place following receipt by Funeread of a positive confirmation by the payment service provider that the payment transaction has been completed. The Customer agrees to the goods being consigned via Funeread’s choice of Österreichische Post AG or a commercial parcels service and notes the transfer of risk at the time of surrender to the carrier. The Customer shall bear the shipping charges. These shall be governed by the respective applicable Österreichische Post AG tariff or that of another, equivalent parcels service at the time the contract is concluded. Funeread will pack the items in a manner customary for the mail-order trade. If the Customer requires insured shipping for a supplement, he must include the choice of corresponding consignment method in his request.
All prices stated on the Website are understood to include the respective, applicable statutory value-added tax. The prices for hardware and accessories do not include postage and packing costs. These will be added during the ordering process and shown separately and must be borne by the Customer.
4.4. Payment and default
All Funeread invoices are payable immediately upon invoicing. Completion of the payment process on the Website equates to invoicing. In this case the Customer will be subsequently sent the invoice by e-mail. In the event of Funeread rendering the service prior to payment by the Customer, default interest of 1% per month is deemed to have been agreed. The Customer will reimburse Funeread for all damages and any judicial and extra-judicial prosecution costs in accordance with tariffs, in particular collection costs, legal expenses and court costs incurred by Funeread as a result of the Customer’s failure to pay. This also includes the cost of reminders, which Funeread can charge for its own reminders. Funeread shall not, however, be obliged to send reminders. In the event of voluntary reminders by Funeread, Funeread shall be authorised to charge the Customer EUR 10.00 per reminder.
4.5. Retention of title
If, on a case-by-case basis, the Customer is granted payment on account or Funeread renders the service prior to payment, Funeread shall retain title to the goods supplied until payment in full.
5. Right to cancel
5.1. For consumers domiciled in Austria
The Customer can cancel the contract which has come into being through distance sales within 7 working days, without stating reasons. The period shall commence on receipt of the goods by the Customer. The days of the week from Monday to Friday count as working days, unless they are statutory public holidays. Timely dispatch of cancellation in writing shall suffice for observance of the specified deadline. If the Customer cancels within the specified deadline, the payments he has made to Funeread will be refunded within 30 days of receipt of notice of cancellation. The Customer shall be entitled to refund of necessary and expedient outlay that he has made on the goods. On giving notice of cancellation the Customer must reverse the services received and pay Funeread an appropriate consideration for use, including compensation for associated reduction in the common value of the goods or service. The Customer alone shall bear the cost of returning the goods to Funeread.
5.2. For consumers domiciled in Germany
If the Customer is domiciled in Germany his right of cancellation shall not be governed by 5.1, but by this clause. The Customer can cancel his contract in writing within 14 days without giving reasons. The period shall commence on receipt of this instruction in text form, but not before the recipient has received the goods. Timely dispatch of the cancellation notice or the goods shall suffice for observance of the cancellation period. Cancellation must be sent to Funeread s.r.o., Šafárikovo nám. 4, SK-81102 Bratislava, Slovakia, or by e-mail to office[at]funeread[dot]sk. In the event of cancellation, the reciprocally received services are to be reversed, if need be on restitution of benefits derived in the interim (e.g. interest). If the Customer is not in a position to return all or part of the service received, or if he returns it in an impaired condition, he must compensate Funeread as applicable. This shall not apply if the deterioration in the goods can exclusively be ascribed to examination thereof, as the Customer would have been able to do if he had purchased it in store. The Customer must not pay compensation for deterioration caused by use of the goods as intended. The Customer shall bear the costs of return if the goods supplied correspond to those ordered and if the price of the goods to be returned does not exceed EUR 40.00, or if, in the case of the goods being a higher price at the time of cancellation, he has not yet paid the consideration or a contractually agreed part payment. Funeread shall refund payments made by the Customer within the statutory 30-day period. The period shall commence for the Customer on dispatch of his cancellation notice or the goods.
5.3. Exclusion of the right of cancellation
The Customer shall have no right of cancellation for audio or video recordings or software once he has downloaded them or, in the event of a physical data carrier, once he has broken the seal. This in particular includes e-books, which the Customer has downloaded from the Website. The Customer does not have a right of cancellation either for goods that have been manufactured to his specifications. This includes in particular proprietary designs.
6.1. Customer’s liability
The Customer shall be liable for the correctness and completeness of his details when registering and during the ordering process.
6.2. Funeread’s liability
Funeread accepts no liability for the external content on the Website. This includes free e-books from third parties linked via Funeread’s Websites. Funeread does not warrant a particular quality of the e-books or their compatibility with the reader used by the Customer. Funeread’s further liability is limited to intent and gross negligence, with the exception of liability for injury to life, limb or health.
7. Data protection
Funeread collates and stores the Customer’s details whilst processing contracts. Funeread is committed to data protection and will only collate, process or use data without the Customer’s consent if this is necessary for processing the contract and for utilization and accounting. The Customer can call up or amend the details he stores in his profile at any time. The Customer can delete his account at any time. Funeread will, however, retain the Customer’s details for the period prescribed by law. The Website uses Google Analytics to collate user statics. This stores the user’s visit in an anonymous form and uses it for statistical analyses. It is impossible to individually identify the Customer through this information.
8. Concluding provisions
Vienna shall be the place of performance for any deliveries and performances arising from the business relationship between the Customer and Funeread. It is agreed that the court competent for the 1st municipal district (Gemeindebezirk) of Vienna, Austria shall have sole jurisdiction for any disputes arising from the contractual relationship between the Customer and Funeread, its initiation or cancellation.
Austrian law shall exclusively apply, excluding the choice of law rules and the UN Sales Convention (CISG). Should the Terms of Business’s provisions or integral parts thereof be or become wholly or partly ineffective or exhibit lacunae, the effectiveness of the remaining provisions shall not be affected by this. The ineffective provisions or lacuna will be replaced by an arrangement which the parties would have agreed to achieve the same (economic) result had they known about the ineffectiveness or lacuna. Funeread shall have the right to amend these Terms of Business at any time and will notify the Customer of the amendment. If the Customer does not object in writing to the amendment within 14 days he shall be deemed to have given his consent. The Customer’s timely objection in writing shall result in dissolution of the contract and deactivation of the Customer’s user account on the Website.
These General Terms and Conditions of Business are available both in German and English. In case there should be any contextual difference between the two language versions, the German version shall prevail.