Terms and Conditions

Terms and Conditions

 

These Terms and Conditions are effective as of 26th March 2025

 

  1. Scope and Provider

(1) The following Terms and Conditions (hereinafter referred to as “Terms of Use”) apply to all orders placed by our customers on our website via the online shop of PocketBook International SA, Crocicchio Cortogna, 6, 6900 Lugano, Switzerland, Reg.No: CHE-416.098.857 (hereinafter referred to as “PocketBook” or “we”, “us”, or “our”). There we offer paid digital content for download (hereinafter referred to as "Digital Content").

(2) A consumer is any natural person who concludes a legal transaction for purposes which can predominantly be attributed neither to their commercial nor their self-employed professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in exercising their commercial or independent professional activity.

(3) Our online shop is intended for consumers and may be used only for B2C orders and transactions.

(4) Language available for concluding the contract is English.

 

  1. Conclusion of Contract

(1) By placing an order you confirm that you are at least 18 years old and legally capable of entering into binding contracts

(2) The essential characteristics of the products offered by us as well as the validity period of limited offers can be found in the individual product descriptions in the online shop.

(3) All orders are subject to acceptance by us. We may choose not to accept an order for any reason and will not be liable to the customer or to anyone else in those circumstances. Moreover, we reserve the right to cancel the contract between if:

  • we do not deliver to the customer`s area. Kindly note that the territory of orders is restricted by the United Kingdom;
  • one or more of the products ordered are not available anymore;
  • one or more of the products ordered was listed at an incorrect price;
  • we have reason to believe the order placed is fraudulent

If we cancel an order, we will notify the customer by email or telephone and will refund the payment amount as soon as possible.

(4) The customer can mark the respective product without obligation by clicking the button "Add to shopping cart". The customer can view the shopping basket at any time via the shopping basket button and remove the products from the shopping basket via the "Delete" button. Likewise, after clicking on the "Display and edit shopping cart" link, the customer can change the quantity of the respective product via the "Plus" or "Minus" button; unless it is a matter of digital products (licenses) – these can only be placed once in the shopping cart. If the customer wants to buy the products in the shopping cart, he must initiate the ordering process by clicking the button "Login and Pay" or "Checkout".

(4) After initiating the ordering process, the customer is asked to register with the first order in our online shop and to open a customer account by entering their data. This also requires the customer to assign a password. For future purchases, the customer can make orders after entering their e-mail address and password, without having to re-enter their data. The customer is responsible for maintaining the confidentiality of the password and account and any activities that occur under customer`s account. PocketBook shall not be liable to any person for any loss or damage which may arise as a result of any failure by customer to protect the password, account or notifications, related to the order from our online shop.

(5) Before an order is placed, the content of the order, including the customer data, is summarized on an overview page. The customer can check the order data there and correct it using the respective "Edit" button. Changes can also be made to the shopping cart, the delivery address and the shipping and payment method via the respective link. By clicking the "Buy" button, the customer accepts our offer for the products contained in the shopping cart (conclusion of contract). Immediately after sending the order, the customer will receive another confirmation by e-mail.

(6) We send the customer the order data by e-mail. The customers can view their past orders in their personal area.

 

  1. Prices and Payment

(1) The prices quoted on the article pages include the taxes and other price components refers to the Digital Content.

(2) The prices are subject to change without the notice.

 

  1. Payment

(1) At the customer's option, the payment can be made by credit card or Mollie payment method, ensured by the online provider Mollie UK Ltd (the company is established in the UK (company number 14013554) with the registered office at: Huckletree Bishopsgate 8 Bishopsgate, City of London, London, England, EC2N 4BQ. Mollie UK Ltd is licensed and registered with the Financial Conduct Authority as a payment institution in the UK (FRN: 977968).

(2) If the Mollie payment method is selected, the customer is redirected during the ordering process to the payment page hosted by Mollie’s PCI-DSS verified servers. Mollie UK Ltd is fully PCI-DSS Level 1 certified, and also complies with the European Banking Authority’s guidelines on internet payment security. Since Mollie UK Ltd only requires your Mollie login credentials to pay, card or bank details are never revealed and thus kept safe from third-party individuals and organizations.

To be able to pay the invoice amount via Mollie, the customer must be registered there or re-register, legitimize with an access data and confirm the payment order to us. After placing the order in the online shop, we request Mollie UK Ltd to initiate the payment transaction. The payment transaction will be carried out automatically by Mollie UK Ltd immediately afterwards.

(3) When selecting the payment method credit card, the customer enters their credit card details within the framework of the order. Once the customer has been identified as the legitimate cardholder, the payment transaction is carried out automatically and the card is debited.

 

  1. Discount Codes

(1) Discount codes cannot be combined: Only one discount code can be used per order, regardless of the promotion the discount code originates from.

(2) Depending on the promotion, discount codes can only be redeemed for certain assortments.

(3) The period of validity of the discount code depends on the respective promotion.

 

  1. Delivery

(1) The delivery time for Digital Content is 24 hours following the date of crediting funds in our bank account, unless otherwise specified on the article page of the offer.

(2) All the digital content is subject to availability. We will inform the customer as soon as possible if the ordered product(s) are not available and we may offer alternative product(s) of equal or higher quality and value. Should an ordered article not be available because we are not supplied by our supplier without our fault despite the contractual obligation, we are entitled to withdraw from the contract. In this case, we will inform the customer immediately that the ordered goods are not available and refund any payments already made at short notice.

 

  1. Accuracy

To the extent permitted by applicable law, PocketBook disclaims all representations and warranties, express or implied, that content or information displayed in or on this website is accurate, complete and up-to-date. Content on this website can and will be changed in order to make the information as accurate as possible over time.

 

  1. Cloud Account

(1) If you are not yet registered for PocketBook Cloud, there will be a customer account created for you when purchasing digital content via our online shop for the first time. This service may be used in particular for the provision of Digital Content. The other features of PocketBook Cloud are determined by the respective current usage options.

(2) The use of PocketBook Cloud is subject to the Terms of Use published therein, which the customer must confirm during the initial login. The same applies to PocketBook Cloud Privacy Notice.

(3) Access to PocketBook Cloud is possible using your access data to the customer account in our online shop, which the customer provided during registration.

 

  1. Right of Use for Digital Content

(1) For the use of acquired digital content, the customer requires certain system prerequisites, e.g., an E-reader from PocketBook (or from other manufacturer), the PocketBook Reader App (or other application) or an Internet-enabled terminal device with an Internet browser. Any connection costs incurred must be paid separately by the customer to their service provider.

(2) Digital content is protected by copyright. The customer acquires a simple, non-transferable right of use for exclusively personal use. Further restrictions on use result from the following provisions and, if applicable, from the respective offer pages. Your use of Digital Content is governed by our End User License for Digital Content.

(3) The customer is not permitted to change or edit the digital content in any way or to use modified versions, to make them publicly accessible or to make them available to third parties in any other way, whether for a fee or free of charge, or to use them for commercial purposes. In each case, any usage possibilities resulting from mandatory legal regulations in favor of the customer remain unrestricted.

(4) Digital content can be individually marked with digital watermarks so that the original buyer can be identified and tracked in the event of misuse. Digital content can also be protected against illegal copying by Adobe Digital Rights Management (DRM) protection or DRM protection of another kind (e.g. LCP DRM). The use of this digital content is only possible via the respective Adobe ID or other respective ID stored on the customer's terminal device.

(5) At our own discretion, we may offer our customers access, free of charge, to up to the 5 (five) % of content of the first chapter of an e-Book.

(6) IMPORTANT: We are not responsible for the Digital Content represented by the publisher through the agents on our website.

 

  1. Right of Cancelation

Consumers are entitled to the statutory right of cancelation as described in the Return and Refund Policy.

 

  1. Warranties

(1) We warrant to you that the digital content we offer to you is:

  • of satisfactory quality. The digital content may have minor defects that are corrected over time with fixes or upgrades. The items containing such minor defects will be considered of satisfactory quality. Quality does not include your subjective judgements, such as whether you like a downloaded piece of content or not.; and
  • is as described. Digital content is as described means that it matches the description of it given on our website for your consideration (for example, the main characteristics, functionality and compatibility).

(2) We DO NOT guarantee that our digital content is fit for a particular purpose. We DO NOT know and DO NOT collect any data from you regarding the particular purpose for which you are contracting for our digital content.

(3) If the digital content is not of satisfactory quality or is not as described, you may be entitled to one of the following remedies: a) repair of item; or b) replacement of item or b) return and refund. Please, see our Return and Refund page to learn more.

(4) Kindly note that replacement, repair and refund requests, if any, must be made within 30 (thirty) days of your original purchase as specified in section 22 of the Consumer Rights Act 2015.

 

  1. Third Party Rights

Only the customer and PocketBook shall be entitled to enforce these Terms of Use. The third parties are not entitled to enforce the provisions of these Terms of Use, whether by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise.

 

  1. Liability

The following exclusions and limitations of liability shall apply to our liability for damages, notwithstanding the other statutory prerequisites for claims:

(1) We shall be liable if we are guilty of intent or gross negligence. In the event of ordinary negligence, we shall only be liable in the event of a breach of an obligation the fulfilment of which is essential for the proper performance of the contract and on the observance of which the contractual partner may regularly rely. In all other respects, liability for damages of any kind, regardless of the basis of the claim, including liability for culpa in contrahendo, is excluded.

(2) Insofar as we are liable for ordinary negligence in accordance with paragraph 1, our liability shall be limited to the damage which we typically had to expect to occur under the circumstances known at the time the contract was concluded.

(3) Above exclusions and limitations of liability shall also apply in favor of our employees, vicarious agents and other third parties whose services we make use of to fulfil the contract.

(4) Nothing in this Agreement excludes or limits our liability for any death or personal injury caused by our negligence, liability for fraud or fraudulent misrepresentation, or any other liability that the law does not allow us to exclude or limit.

 

  1. Copyright issues

(1) If you believe that your copyright was infringed by our company, please send us a notice at [email protected]. Please, include in your notice as much data as possible to let us identify and remove or disable the infringed content. We are asking You to include the following data as minimum:

(i) name the subject of your notice as “Copyright Take Down Notice”.

(ii) give us the details of the work that was infringed.

(iii) identify the work included in our website/services/products that is claimed to be infringing and that is to be removed or access to which is to be disabled. Allow us to fulfill your request promptly by giving us information sufficient to permit us to locate the material (for example, the URL or page of the website in which the claimed material appeared).

(iv) specify your contact details (e-mail, phone number, address) we may reach you out with respect to your notice.

IMPORTANT: We reserve the right NOT to consider anonymous notices and requests, as well as the notices that do not comply with the requirements mentioned above.

(2) We reserve the right immediately to remove a particular piece of Digital Content from the website, and may require the customers to do the same in respect of such Digital Content, in response to:

  • a court order;
  • a request by a government authority;
  • a Claim or request by a third party alleging infringement of that third party’s rights in that Digital Content; or
  • the Publisher’s or the Intellectual Property Rights holder’s request.

If the customer purchased an item of such Digital Content and, before that customer has downloaded that item of Digital Content, that Digital Content shall be removed pursuant to this paragraph. We shall refund the customers for such deleted Digital Content.

 

  1. Intellectual Property Rights

PocketBook® is the trademark owned by PocketBook and is registered or applied for registration in more than 50 countries around the world.

PocketBook and/or its licensors, as well as other owners and rights holders (if applicable), own all legal rights, title, and interest in and to the website, services, and any other content placed or used on or through the website and services, including, without limitation, trademarks, brands, logos, texts, images, photographs, videos, graphics, user interface, scripts, and any software provided to you as a part of and/or in connection with the website and services, including any and all intellectual property rights and associated rights that exist therein, whether registered or not, and wherever in the world they may exist. No portion of the website and services, including any and all their contents, may be copied, reproduced, republished, or otherwise used or distributed in any form or by any means without express written permission by us.

 

  1. Termination

These Terms of Use are effective unless and until terminated by either you or us. You may terminate these Terms of Use at any time by notifying us via email [email protected], or when you cease using our site. We reserve the right to delete your account, including all the data, referred to you, if you do not use your account during 360 consecutive calendar days.

If, in our sole judgment, you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Use and/or End User License for Digital Content, we also may terminate these Terms of Use at any time without notice, and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our services (or any part thereof).

 

  1. Data Protection

Information on the processing of the customer's personal data can be found in the Privacy Notice available in our online offer.

 

  1. Applicable Law, Place of Jurisdiction

(1) The law of England and Wales shall apply to these Terms of Use and the entire legal relationship between us and our customers.

(2) To the fullest extent permitted by applicable law, any dispute arising out of or relating to these Terms shall be submitted to the exclusive jurisdiction of the English courts.

 

  1. Final Provisions

Should individual provisions in these Terms of Use be ineffective, the remainder of the contract shall remain effective. Instead of the invalid provision, the relevant statutory provisions shall apply.

 

  1. Events outside our control

We will not be in breach of this agreement or otherwise liable for any delay in performance to the extent that any delay or failure is due to circumstances beyond our reasonable control including, without limitation, strikes, lockouts and other industrial disputes, breakdown of systems or network access, weather event, flood, fire, explosion, accident, extreme weather, outbreak of disease, epidemic, pandemic, war, terrorist attack or civil emergency.

 

  1. Third-Party Links

Certain content, products, and services available via our website may include materials from third parties.

Third-party links on this website may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products or services should be directed to the respective third-party.

 

  1. Resolution of Disputes

In case any disputes or differences arise in connection with the performance of this Agreement, you and we will make every effort to resolve these by amicable negotiations. Those disputes which are not resolved by negotiations are to be resolved according to the procedure established for the Alternative Dispute Resolutions by The Alternative Dispute Resolution for Consumer Disputes (Amendment) Regulations 2015. You may also bring your claim to the courts of England and Wales.

 

  1. Provider Information and Contacts

Our address for complaints and other declarations of intent is: PocketBook International SA, Crocicchio Cortogna, 6, 6900 Lugano, Switzerland.

You can contact our customer service for questions, complaints and objections by e-mail at [email protected] or via the contact options on our websites.