I. General Terms of Use

§ 1 Scope and Contractual Partner

(1) These general terms and conditions apply to all business relationships between Eagle Books and its customers regarding physical (e.g., books) and digital products (e.g., eBooks).

(2) The general terms and conditions shall apply in the respective version current at the time of the conclusion of the contract. Depending on the customer’s end device, this document can be printed and/or saved (“Save file as”).

(3) The address and contact details of your contractual partner are: Eagle Books, www.Eaglebooks.ch, Efringerstrasse 7, 4057 Basel, Switzerland.

Email: info@eaglebooks.ch Phone: 0041789737560

§2 Conclusion of the contract

(1) The purchase contract is concluded with Eagle Books.

(2) By sending an order via the Internet (by clicking on the button “Send order”), email, telephone, or via other communication channels, the customer submits a binding offer to conclude a purchase contract. The customer receives a confirmation of receipt of the order by email (order receipt confirmation). This order receipt confirmation does not constitute an acceptance of the offer but is only intended to inform the customer that Eagle Books have received the order.

(3) A purchase contract for physical products or a usage contract for downloads shall be concluded when Eagle Books accepts the customer’s offer by shipping the ordered product to the customer or confirming the shipment to the customer with a second email (shipping confirmation).

(4) If Eagle Books cannot accept the customer’s offer, the customer will be informed of the unavailability or rejection of the order instead of the acceptance of the order. Temporarily unavailable titles will be noted for the Customer, but the Customer’s order remains in place. If necessary, the customer will be informed separately about possible errors in the information on the assortment on the website, and, if possible, a corresponding counter-offer will be made to the customer.

§ 3 Price, Due Date, Payment

(1) All prices include the statutory value-added tax.

(2) Eagle Books only accepts the payment methods displayed to the customer during the order process.

(3) Eagle Books reserves the right to demand advance payment in the amount of the order value, particularly when open invoices are already in the reminder process at the time of receipt of the order. The same applies if the value of goods of all orders, the sum of still open invoices, or orders already on the shipping route exceed an amount of 500 CHF at the time of a new order. A request to pay in advance will also be sent to any customer whose credit notes reach or exceed 30 percent of their previous total invoice volume. The order will be processed after receipt of payment.

(4) The Customer shall only be entitled to offset payments if and to the extent that its counterclaims have been legally established, are undisputed, or have been acknowledged. In addition, the customer shall only be entitled to exercise a right of retention if its counterclaim is based on the same purchase contract.

§ 4 Warranty

(1) If the delivered goods are defective at the time of the transfer of risk, e.g., due to a manufacturer’s defect, or if there is a wrong delivery, or a delivery that remains incomplete, Eagle Books shall, at its own discretion, deliver a replacement or cancel the purchase and refund the purchase price to the customer. The same applies to incomplete or faulty downloads of eBooks.

(2) Eagle Books will refund the postage of the return shipment in case of wrong delivery or delivery of defective goods.

(3) The Customer’s warranty claim expires if he/she does not notify Eagle Books of the defect or incorrect delivery within 14 days after receipt of the goods or within 14 days after provision for download by email (info@eaglebooks.ch), telephone, or post.

§ 5 Liability

(1) All cases of breach of contract and their legal consequences, as well as all claims of the customer, regardless of the legal basis on which they are made, are conclusively regulated in these GTC. Under no circumstances shall the customer have any claims for compensation for the damage that has not occurred to the product itself. This also applies with regard to the personal liability for damages of our employees, representatives, and vicarious agents. Any liability claim exceeding the value of the order is excluded.

(2) The exclusion of liability according to paragraph 1 above shall not apply to unlawful intent (intent) or gross negligence.

(3) The ordered products may only be used for the agreed and intended use. Written consent must be obtained in advance for other applications.

§ 6 Data protection

Eagle Books undertakes to treat the personal data of the customers in accordance with the data protection regulations of Switzerland. Details can be found in the separate data protection declaration.

§ 7 Cancellation

(1) Eagle Books grants the Customer a voluntary right of cancellation. The customer is entitled to cancel his declaration of intent directed after the contract without stating reasons within 14 days after receipt of the goods in text form (e.g., letter, email) or by returning the goods. The period begins on the day of receipt of the goods by the recipient. The timely dispatch of the cancellation or the goods is sufficient to meet the deadline of cancellation. The intent of cancellation in text form is to be sent to the address given in point 1 or by email to info@eaglebooks.ch. The customer bears the burden of proof for the return of the goods.

(2) In the event of an effective revocation, both parties must refund the services already received. If the customer can only return the received goods in a deteriorated condition, he/she must pay compensation for the value.

(3) The customer shall bear the costs and risk of the return shipment unless the delivered goods do not correspond to the ordered goods.

(4) Eagle Books shall exercise its right of retention until the goods have been returned in full.

(5) The right of withdrawal is excluded for contracts:

a) for the delivery of quickly perishable goods

b) for the delivery of goods that are not suitable for return due to their nature (e.g., ebooks, downloads, etc.).

(6) In the event of the exclusion of revocation and return, the customer shall bear the costs of resending the goods to us.

 

(7) If the consumer makes use of his right of cancellation, he has to bear the direct costs for the return of the goods.

§ 8 Licenses and Copyright for Downloads

(1) The customer can purchase licenses for downloads against payment or free of charge and store them on end devices of his choice, e.g., eReader, smartphone. For use, the customer requires certain system requirements and playback software.

(2) The downloads are protected by copyright. The customer receives the simple, non-exclusive, non-transferable, and non-sublicensable right to use the titles offered exclusively for personal use in accordance with copyright law in the manner offered.

(3) The customer is permitted to download downloads once and to save them exclusively for personal use on his own end devices of his choice. In addition, it is not permitted to change downloads in any way in terms of content or editorial or to use modified versions, to copy for third parties, to make publicly available or forward, to post on the Internet or other networks against payment or free of charge, to imitate, print, resell or use for commercial purposes.

 

§ 9 Kindle eBook subscription

(1) The customer can take out a subscription to purchase ebooks at a price named in the offer. Within the framework of the eBook subscription, the customer can select up to four eBooks each month from forty eBooks provided by Eagle Books. If the customer does not exhaust the quota of four eBooks per month, there will be no transfer to the following month, i.e., it remains in the following month with four new possible eBook downloads.

(2) As long as the customer participates in the eBook subscription, all selected eBooks are available to the customer for use in accordance with § 3 of this section (“Copyright in downloads”). The cancellation of the eBook subscription by the customer is possible at any time under “My Account” with effect for the next billing period. Upon cancellation of the eBook subscription, there is no longer access to all eBooks obtained under the subscription. Therefore, pausing, i.e., a temporary interruption of the eBook subscription, is not possible.

(3) System requirement for the use of the eBook subscription is a Kindle app (iOS and Android), each with current software.

(4) eBooks deleted by the customer cannot be made available again.

§ 10 Termination, Suspension, and Restriction

(1) The use of the Cloud and its contents will only be deleted due to explicit, written termination by the Customer.

(2) Eagle Books is entitled to completely or partially discontinue, change or restrict the provision of the Cloud at any time and its own discretion. This applies in particular in the event of misuse of the Service or violation of these provisions by the Customer or in the event of conflicting rights of third parties or for maintenance purposes.