Valid from 07.12.2024
1. General Provisions / Scope
1.1. These Terms and Conditions (hereinafter referred to as “Terms”) govern all business relationships between the operator of the website www.riobook.net (hereinafter referred to as “the Provider”) and its customers.
1.2. The Provider offers digital products, specifically e-books, through the website. These Terms apply to all purchases made by consumers (individuals purchasing for personal purposes) and businesses (entities purchasing for commercial or professional purposes) alike.
1.3. These Terms apply to all transactions conducted through www.riobook.net. Any conflicting or supplementary terms submitted by the customer will only become part of the agreement if explicitly accepted by the Provider in writing.
1.4. These Terms are applicable worldwide. However, the digital products available on this website are primarily provided in English and are designed for an international audience. It is the customer’s responsibility to ensure the compatibility and suitability of the digital products for their specific region or requirements.
1.5. By completing a purchase or creating an account on www.riobook.net, the customer acknowledges and agrees to these Terms.
2. Contract Formation
2.1. The presentation of products on the website www.riobook.net constitutes a non-binding invitation to customers to place an order. By selecting a product, adding it to the shopping cart, and completing the checkout process, the customer submits a legally binding offer to enter into a contract.
2.2. The contract is concluded only when the Provider explicitly accepts the customer’s offer. This acceptance is typically confirmed through an order confirmation email sent to the customer. Until this confirmation is provided, the Provider reserves the right to reject the order without specifying a reason.
2.3. The contract is subject to the laws of Germany, where the Provider is based, and is governed by these Terms. The customer agrees to the exclusive use of English as the contract language.
2.4. Customers are responsible for ensuring that the details they provide during the order process are accurate and up to date. Any errors in the information provided may delay or prevent the conclusion of the contract.
2.5. The customer acknowledges that the purchase of digital products on www.riobook.net is intended for personal use unless otherwise explicitly agreed upon in writing.
2.6. The customer is encouraged to review their order carefully before finalizing it. The Provider is not obligated to correct errors or omissions made by the customer during the order process.
3. Prices and Taxes
3.1. All prices displayed on www.riobook.net are in United States Dollars (USD) and are final prices, including any applicable taxes such as value-added tax (VAT).
3.2. The applicable VAT rate is determined based on the customer’s geographic location, as required by international tax regulations. If the customer’s location cannot be determined or verified, the VAT rate applicable in Germany will be applied.
3.3. Customers are not charged any additional fees, such as import duties or customs fees, for digital download products offered by the Provider.
3.4. The Provider endeavors to ensure price accuracy and transparency. However, in the unlikely event of a pricing error on the website, the Provider reserves the right to cancel the order and issue a refund, even after payment has been made.
3.5. Customers outside the European Union may be exempt from VAT if applicable tax laws allow it. Such exemptions are applied automatically during the checkout process based on the customer’s billing address.
3.6. The customer is responsible for ensuring that their billing details are accurate and up to date to facilitate the correct calculation of applicable taxes.
4. Payment Terms
4.1. Payments for purchases made on www.riobook.net must be completed immediately upon order confirmation. The contract becomes valid only after the successful completion of the payment process.
4.2. The available payment methods include:
- PayPal
- Credit cards (e.g., Visa, MasterCard, American Express)
- Bank transfer (processed via the payment service provider Mollie)
4.3. All payments are processed in United States Dollars (USD). The customer is responsible for any additional costs incurred by their financial institution, such as currency conversion fees or transaction charges.
4.4. The Provider utilizes third-party payment processors to ensure secure and reliable transactions. By selecting a payment method, the customer agrees to the terms and conditions of the respective payment processor.
4.5. The Provider reserves the right to cancel an order if payment cannot be successfully processed. In such cases, the customer will be notified, and no contractual obligations will arise for either party.
4.6. The Provider does not offer payment plans or deferred payment options. All purchases must be paid in full at the time of order placement.
5. Delivery / Shipping
5.1. The Provider exclusively offers digital products on www.riobook.net. No physical goods are shipped, and delivery is carried out electronically.
5.2. Upon successful payment, customers will receive access to their purchased digital products via a download link displayed immediately after the transaction. Additionally, the download link will be sent to the customer’s registered email address, provided a valid email address has been submitted during the order process.
5.3. The download link provided in the email will remain valid for 24 hours after the email is sent. After this period, the digital product can still be accessed and downloaded through the customer’s account on the website.
5.4. There are no delivery fees or shipping charges for digital products.
5.5. The Provider strives to ensure instant availability of digital products upon payment. However, in cases of technical issues or non-receipt of the download email, customers are encouraged to contact the Provider promptly via the contact form available at www.riobook.net/impressum.
5.6. Customers are responsible for ensuring that their email address and system requirements (e.g., software compatibility) are suitable for accessing and using the purchased digital products.
6. Customs, Duties, and Import Regulations
6.1. The Provider exclusively offers digital products on www.riobook.net. As such, no physical goods are shipped, and no customs duties, import taxes, or related fees apply to the purchase or download of digital products.
6.2. Customers are responsible for ensuring compliance with any local laws, regulations, or restrictions regarding the purchase and use of digital products in their respective countries. The Provider does not assume liability for any legal issues arising from the use of its products in jurisdictions with specific restrictions.
6.3. Should a customer’s jurisdiction impose any form of digital tax or other regulatory requirements beyond the Provider’s obligations, the customer is responsible for complying with these regulations at their own expense.
6.4. The Provider reserves the right to refuse transactions if local laws or import regulations in a customer’s country prevent the sale or use of its digital products.
7. Intellectual Property and License Agreements
7.1. All digital products offered on www.riobook.net, including but not limited to e-books, are the intellectual property of the Provider or its licensors. They are protected under applicable copyright laws and international treaties.
7.2. By purchasing a digital product, the customer is granted a non-exclusive, non-transferable license to download, access, and use the product for personal purposes only.
7.3. The redistribution, reproduction, modification, or resale of any digital product, whether in part or in full, is strictly prohibited without the prior written consent of the Provider.
7.4. Customers are not permitted to share their access credentials or download links with third parties. Any unauthorized use or sharing may result in the termination of access to the digital product without refund, as well as potential legal action.
7.5. The Provider reserves all rights not explicitly granted to the customer under these Terms.
7.6. Any breach of these license agreements may result in civil or criminal penalties as provided by law.
8. Warranty and Liability
8.1. The digital products offered on www.riobook.net are provided “as is” without any express or implied warranties, except as required by applicable law. The Provider makes no guarantees regarding the compatibility, functionality, or uninterrupted availability of the digital products.
8.2. Customers are responsible for ensuring that their devices and software meet the technical requirements for downloading and using the digital products. The Provider assumes no liability for issues arising from incompatibility or user error.
8.3. In the event of a defect in the purchased digital product, the customer may contact the Provider via the contact form available on the website. The Provider will, at its discretion, either provide a replacement or offer a refund.
8.4. The Provider’s liability is limited to the amount paid by the customer for the digital product. The Provider shall not be held liable for any indirect, incidental, or consequential damages, including but not limited to loss of profits or data, except in cases of gross negligence or willful misconduct.
8.5. Nothing in these Terms excludes or limits the Provider’s liability for death or personal injury caused by negligence or for fraud or fraudulent misrepresentation, where such exclusions are prohibited by law.
8.6. The Provider does not assume liability for issues arising from the misuse or unauthorized distribution of the digital products by the customer or third parties.
9. Right of Withdrawal (Consumers Only)
9.1. Applicability of the Right of Withdrawal
If the customer is a consumer as defined by applicable consumer protection laws, they have the right to withdraw from the purchase agreement under the conditions specified below. The right of withdrawal does not apply to customers purchasing as businesses (B2B transactions).
9.2. Exclusion of the Right of Withdrawal for Digital Products
Pursuant to applicable consumer protection regulations, the right of withdrawal is excluded for digital content not supplied on a tangible medium once the download or streaming has begun and the customer has expressly consented to the immediate delivery of the content and waived their right of withdrawal.
9.3. Confirmation and Consent
During the purchase process, customers are required to confirm their understanding that the withdrawal right is waived once the download begins. This ensures compliance with legal requirements and avoids disputes regarding the applicability of the right of withdrawal.
9.4. Procedure for Exercising the Right of Withdrawal
If the right of withdrawal is applicable, consumers may withdraw from the contract within 14 days of purchase by notifying the Provider through a clear statement (e.g., by email or via the contact form available on the website). A sample withdrawal form is provided below:
Sample Withdrawal Form:
vbnetCode kopierenTo: Riobook
Website: [www.riobook.net](https://www.riobook.net)
I hereby withdraw from the purchase contract for the following product(s):
Order number:
Purchased on:
Name:
Address:
Date:
(Signature, if submitted in paper form)
9.5. Consequences of Withdrawal
In the event of a valid withdrawal, the Provider will refund all payments received, including any delivery costs (if applicable), within 14 days from the day the withdrawal notice is received. Refunds will be processed using the same payment method used for the original transaction unless otherwise agreed.
10. Data Protection and Privacy
10.1. Commitment to Data Protection
The Provider places a high priority on protecting the privacy and personal data of its customers. All data collected during the use of www.riobook.net is processed in compliance with the General Data Protection Regulation (GDPR) and other applicable data protection laws.
10.2. Privacy Policy
Detailed information regarding the collection, use, and storage of personal data can be found in the Provider’s Privacy Policy, available at www.riobook.net/privacy-policy/. Customers are encouraged to review this policy to understand their rights and how their data is handled.
10.3. Data Collected
The Provider collects only the data necessary for the fulfillment of orders, customer support, and the operation of its services. This may include:
- Contact information (e.g., name, email address)
- Payment details (processed securely by third-party payment providers)
- Usage data (e.g., IP address, device information) for analytical and security purposes
10.4. Third-Party Services
To process payments and deliver digital products, the Provider utilizes trusted third-party services such as payment gateways and email providers. These third parties are bound by strict data protection agreements to ensure the confidentiality and security of customer data.
10.5. Customer Rights
Customers have the right to access, correct, or delete their personal data at any time. Requests regarding personal data can be submitted via the contact form available on the website.
10.6. Data Security
The Provider implements appropriate technical and organizational measures to protect personal data against unauthorized access, loss, or alteration. However, the Provider cannot guarantee absolute security due to the nature of online data transmission.
10.7. International Data Transfers
Given the global nature of www.riobook.net, personal data may be transferred to third-party services outside the European Economic Area (EEA). In such cases, the Provider ensures compliance with GDPR by implementing appropriate safeguards, such as data processing agreements and standard contractual clauses.
10.8. Questions and Concerns
For any questions or concerns regarding data protection, customers may contact the Provider through the contact form available on the website or via the details provided in the Privacy Policy.
11. Dispute Resolution and Governing Law
11.1. Governing Law
These Terms and any contractual relationship between the Provider and the customer shall be governed exclusively by the laws of the Federal Republic of Germany, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).
11.2. Jurisdiction
The place of jurisdiction for any disputes arising from or in connection with these Terms shall be Berlin, Germany, provided that the customer is a business entity, a legal entity under public law, or a special fund under public law.
11.3. Consumer Disputes
If the customer is a consumer and resides in the European Union, they may also bring claims in the courts of their country of residence.
11.4. Alternative Dispute Resolution (ADR)
The Provider is not obligated to participate in alternative dispute resolution (ADR) procedures before a consumer arbitration board. However, the Provider may agree to such procedures on a case-by-case basis.
11.5. Online Dispute Resolution (ODR)
For disputes involving customers within the European Union, the European Commission provides a platform for online dispute resolution (ODR), accessible at https://ec.europa.eu/consumers/odr/. Customers are encouraged to use this platform to resolve disputes amicably.
11.6. Exclusion of Class Actions
All claims and disputes must be brought individually. Class action lawsuits or any other collective legal proceedings are excluded to the fullest extent permitted by applicable law.
12. Force Majeure
12.1. Definition of Force Majeure
The Provider shall not be held liable for any failure or delay in performance caused by events beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemics, government actions, strikes, labor disputes, disruptions in telecommunication or internet services, cyberattacks, or other unforeseeable circumstances (“Force Majeure Events”).
12.2. Impact on Obligations
In the event of a Force Majeure Event, the Provider’s obligations under the contract will be suspended for the duration of the Force Majeure Event. If the Force Majeure Event continues for a prolonged period (e.g., more than 30 days), either party may terminate the affected contract by providing written notice to the other party.
12.3. Customer Obligations
Customers acknowledge that in the event of a Force Majeure Event, delivery times for digital products or responses to customer inquiries may be delayed. The Provider will make reasonable efforts to mitigate the effects of the Force Majeure Event and to resume normal operations as soon as possible.
12.4. No Liability for Force Majeure Events
The Provider shall not be liable for any damages or losses resulting from its inability to fulfill contractual obligations due to Force Majeure Events, except where such liability cannot be excluded under applicable law.
12.5. Notification of Force Majeure
The Provider will promptly notify customers via email or a notice on the website if a Force Majeure Event significantly impacts its ability to fulfill contractual obligations.
13. Amendments to Terms
13.1. Right to Amend
The Provider reserves the right to amend these Terms at any time, provided such changes are reasonable and necessary due to legal, technical, or business requirements. Any significant changes to the Terms will be communicated to customers in advance.
13.2. Notification of Changes
Customers will be notified of changes to the Terms via email (if an email address has been provided) or through a prominent notice on the website. Such notice will be given at least 14 days before the amended Terms take effect.
13.3. Acceptance of Amended Terms
Continued use of the website or its services after the effective date of the amended Terms will constitute the customer’s acceptance of the updated Terms. If the customer does not agree to the changes, they must cease using the website and its services before the amendments take effect.
13.4. Right to Terminate in Case of Objection
If a customer objects to the amended Terms, they may terminate their account or any ongoing agreements with the Provider without penalty before the amended Terms take effect. The termination must be communicated in writing.
13.5. Documentation of Previous Terms
The Provider will maintain an archive of previous versions of the Terms, which will be made available upon request for reference.
14. Miscellaneous Provisions
14.1. Entire Agreement
These Terms, together with the Privacy Policy and any other applicable agreements referenced herein, constitute the entire agreement between the Provider and the customer with respect to the use of the website and its services. They supersede all prior agreements, communications, and understandings, whether written or oral.
14.2. Severability Clause
If any provision of these Terms is found to be invalid, unlawful, or unenforceable under applicable law, such provision shall be deemed severed from these Terms and shall not affect the validity or enforceability of the remaining provisions.
14.3. No Waiver
The failure of the Provider to enforce any provision of these Terms or to exercise any right shall not constitute a waiver of such provision or right. Any waiver must be made explicitly in writing to be effective.
14.4. Assignment
The customer may not assign or transfer any of their rights or obligations under these Terms without the prior written consent of the Provider. The Provider may assign or transfer its rights and obligations without the customer’s consent in the event of a merger, acquisition, or sale of the business.
14.5. Headings
The section headings used in these Terms are for convenience only and have no legal or contractual effect.
14.6. Language of the Terms
These Terms are provided in English. In the event of a translation discrepancy, the English version shall prevail.
14.7. Customer Support
For questions or concerns regarding these Terms or the services provided, customers may contact the Provider through the contact information provided on the website.