⚠️ Legal Notice:
The binding language of these Terms and Conditions is German. This English translation is provided for convenience only. In case of discrepancies, the German version shall prevail.
General Terms and Conditions of the Online Platform for Downloading E-Books
1. Scope and Provider
(1) These General Terms and Conditions apply to all downloads of e-books that you make through the download portal of PX eBook Shop, Walter Sperger, Schuhmeierplatz 17-18/2/6, Vienna, Austria.
(2) The offer on our portal is directed exclusively at customers who are at least 18 years old.
(3) The contract language is exclusively German.
(4) You can access and print the applicable version of the General Terms and Conditions on our website at www.philodex.com.
2. Conclusion of Contract
(1) Our product presentation on the portal constitutes an offer to conclude a contract for the paid download of e-books.
(2) By clicking the “Buy Now” button, you conclude a contract with us for the download of the selected e-books at the prices indicated.
3. Prices
The prices listed on our portal include statutory VAT and all other price components. There are no shipping costs.
4. Terms of Payment; Default
(1) We generally accept the following payment methods:
• Credit card
• PayPal
(2) The selection of available payment methods is at our discretion. We reserve the right to offer you only selected payment methods.
(3) If you are in default of payment, you are obliged to pay statutory default interest of 5 percentage points above the base interest rate. For each reminder letter sent to you after default has occurred, a reminder fee of EUR 2.50 will be charged, unless a lower or higher amount of damages is proven in an individual case.
5. Delivery
(1) Delivery of the purchased e-books is made by providing a download link via email to the email address specified in the customer account. The email is sent immediately after the order. By clicking the link, you can start the download to the storage medium of your choice.
(2) The email link can only be used once. Further downloads via the provided link are not possible. There is no entitlement to receive additional download links for the already purchased e-book.
(3) It is your responsibility to ensure that you have suitable software (e.g. Acrobat Reader) to properly open and print the e-books.
6. Right of Withdrawal
(1) You have the right of withdrawal in accordance with the following provisions:
Right of Withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day the contract is concluded.
To exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post, telephone, or email). You may use the attached model withdrawal form, but this is not mandatory.
To meet the withdrawal deadline, it is sufficient for you to send the notification of exercising the right of withdrawal before the withdrawal period has expired.
Consequences of Withdrawal
If you withdraw from this contract, we shall reimburse you for all payments we have received from you, including delivery costs (except for the additional costs arising from your choice of a delivery method other than the cheapest standard delivery we offer), without undue delay and no later than fourteen days from the day on which we received notification of your withdrawal. For this repayment, we will use the same means of payment that you used in the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged fees for this repayment.
We may withhold reimbursement until we have received the goods back or you have provided proof that you have returned the goods, whichever is earlier.
You must return or hand over the goods to us without undue delay and in any event no later than fourteen days from the day on which you informed us of your withdrawal from this contract. The deadline is met if you send back the goods before the period of fourteen days has expired.
You bear the direct costs of returning the goods.
You are only liable for any diminished value of the goods if this loss in value is due to handling that was not necessary to examine the nature, characteristics, and functioning of the goods.
Model Withdrawal Form
(If you wish to withdraw from the contract, please complete this form and return it to us.)
To:
Company:
Address:
Email:
I/we () hereby withdraw from the contract concluded by me/us () for the purchase of the following goods (*):
Ordered on ()/received on ():
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s) (only for notifications on paper):
Date
(*) Delete as appropriate.
(2) The right of withdrawal expires in the case of a contract for the supply of digital content not stored on a physical data carrier if the trader has begun performance of the contract after the consumer has expressly consented to the trader beginning performance of the contract before the withdrawal period has expired and has acknowledged that they thereby lose their right of withdrawal.
7. Warranty and Liability
(1) Unless expressly agreed otherwise, your warranty claims are governed by statutory law.
(2) Unlimited liability: We are fully liable for intent and gross negligence, as well as under the Product Liability Act. We are also liable for slight negligence in cases of injury to life, body, or health.
(3) Otherwise, the following limited liability applies: In cases of slight negligence, we are only liable for breaches of essential contractual obligations whose fulfillment is necessary to enable the proper performance of the contract and on whose compliance you regularly rely (cardinal obligations). Liability for slight negligence is limited to foreseeable damages typical for the contract at the time of conclusion. This limitation of liability also applies in favor of our vicarious agents.
8. Copyright and Usage Rights
(1) All e-books provided by us are protected by copyright.
(2) You acquire a non-transferable, non-exclusive right of use for an unlimited period, exclusively for non-commercial use. No exploitation rights are granted to you. In particular, you may not distribute, make publicly available, or otherwise share the purchased e-books—neither digitally nor in printed form, in whole or in part—with third parties. The right of reproduction is limited to acts of reproduction solely for personal use.
(3) The granting of usage rights by us to you is subject to the suspensive condition of full payment of the purchase price.
(4) We are entitled to personalize the digital content provided for download individually with visible and invisible markings to enable the identification and legal prosecution of the original purchaser in the event of misuse.
(5) In the event of unauthorized use of the digital content by the purchaser or a third party, the purchaser undertakes to pay a contractual penalty of EUR 20,000 per violation.
9. Final Provisions
(1) Should one or more provisions of these Terms and Conditions be or become invalid, the validity of the remaining provisions shall not be affected.
(2) Contracts between us and you are governed exclusively by Austrian law
