Terms and Conditions Magic Workbooks®
K! Business Solutions GmbH, Erkrath
I. Ordering / Delivery of MagicWorkbooks
The following terms and conditions shall govern the contractual relationship between users and supplier (hereafter named K!) of Magic Workbooks®. By ordering, buying and / or using Magic Workbooksâ you declare your acceptance of and compliance with these terms and conditions. If you do not agree with one or all of the following terms and conditions you are not entitled to download/use Magic Workbooks®.
K! is obligated to accept customer orders of workbooks according to the terms and conditions described on the website.
1. Terms of Payment and Delivery
Invoicing will take place by email directly after your order has been placed. Delivery of ordered workbooks will take place as soon as possible after receipt of your order and receipt of the purchase price, to the email address listed on the order form. In the case of paypal payments, delivery will be effected by enabling the customer to download the ordered software by a download email containing a download-link, as soon as the required credit card information has been entered and processed on the K! website.In the case of Payment in advance (bank transfer), delivery will be effected by enabling the customer to download the ordered software by a download email containing a download-link, within 24 hours after the required payment has been received on our bank account.The download link for any particular client will stay open for 3 days after which it will be closed. In case of a system error while downloading, K! will send the ordered workbook/s by email to your email address within 3 days of being notified of the download problem. Should K! fail to fulfill this obligation, you are entitled to a reimbursement of the purchase price.
2. Rights of withdrawal / Cancellation
Due to the nature of the products (e-books) a cancellation of an order cannot be accepted.
By payment of the purchase price the user receives a non-exclusive, non-transferable license to use the ordered workbook. All intellectual property rights remain vested in K! unless specifally stated otherwise in the order, K! will deliver the newest workbook version available.
4. Scope of Usage, Backup, Archives
The user is entitled to use the workbook on his/her personal computer. The user may make copies of the workbook for backup or archive purposes. Usage on a server with multiple workstations requires a special license by K!
5. Changes in Workbooks
The workbooks are delivered with demonstration data. The workbook formula architecture is delivered without write-protection to ensure maximum flexibility for the user. Both data and the formulas in the workbooks can be changed and / or deleted by the user. K! is not liable for damages that result from a user’s changes in the workbook.
6. Copies, Re - sale etc.
The user is not entitled to copying workbooks in order to sell or lease them to third parties. Any such activity will be considered an infringement of the intellectual property rights of K!.
7. Third-Party Claims
The user has to inform K! immediately of any third-party claims from infringement of intellectual property rights. The user shall grant K! sole control over any court proceedings.
II. General Terms and Conditions
The following General Terms and Conditions apply to all business transactions regarding Magic Workbooks® / K! Business Solutions GmbH, Erkrath. Terms and Conditions of the user do not apply.
The object of the contract is the delivery of workbooks for usage by the user according to his/her individual data input. The guarantee of an economic success is not the object of the contract. Training, hotline, consulting or maintenance and updating do not form part of this contract.
2. Limitation Of Liability And Warranty
CUSTOMER AGREES THAT USE OF THE SERVICE IS ENTIRELY AT CUSTOMER'S OWN RISK. MAGICWORKBOOKS SERVICES ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY FOR INFORMATION, SERVICES, UNINTERRUPTED ACCESS OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE SERVICE, INCLUDING WITHOUT LIMITATION THE K! BUSINESS SOLUTIONS SOFTWARE LICENSED TO THE CUSTOMER AND THE RESULTS OBTAINED THROUGH THE SERVICE. SPECIFICALLY, K! BUSINESS SOLUTIONS DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING WITHOUT LIMITATION:
a) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY OR CONTENT OF INFORMATION, PRODUCTS OR SERVICES; AND
b) ANY WARRANTIES OF TITLE OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DELETION, DEFECT, COMPUTER VIRUS, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO. CUSTOMER SPECIFICALLY ACKNOWLEDGES THAT K! BUSINESS SOLUTIONS GMBH IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER CUSTOMERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH CUSTOMER.
NEITHER K! NOR ANY OF ITS AGENTS, AFFILIATES OR CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE SERVICE OR INABILITY TO GAIN ACCESS TO OR USE THE SERVICE OR OUT OF ANY BREACH OF ANY WARRANTY. YOU (AND NOT K! BUSINESS SOLUTIONS GMBH) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. CUSTOMER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE SERVICE.
ANY LIABILITY OF K! IS LIMITED TO THE AMOUNT OF THE PURCHASE PRICE FOR THE PARTICULAR WORKBOOK.
3. Written Form
Changes or additions to these contractual terms and conditions are invalid unless they are in writing and signed by both parties.
4. Invalid Clauses
Should any of the above terms or conditions be invalid or unlawful, this will not have any impact on the other terms or conditions. The invalid clause is to be substituted by a valid clause that comes nearest to the intended meaning of the invalid clause.
5. Applicable Law
Applicable law for these Terms and Conditions and all contracts thereunder is solely the law of the Federal Republic of Germany (German Civil Code). All disputes arising hereunder will be settled before a Düsseldorf, Germany court of law.
III. USE OF MagicWorkbooks.com
All materials on this site, including, but not limited to text, images and html code are protected by German and International Copyright laws, and may not be copied, modified, transmitted, translated, or otherwise distributed by any means without permission from K! Business Solutions GmbH, Erkrath.
K! Business Solutions GmbH is not necessarily affiliated with sites that may be linked in this site and is not responsible for their content. The linked sites are for your convenience only and you access them at your own risk.
The materials in the MagicWorkbooks.com website are provided "as is" and without warranties of any kind either express or implied. K! Business Solutions GmbH disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. K! Business Solutions GmbH does not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be connected, or that the MagicWorkbooks.com Website or the server that makes them available are free of viruses or other harmful components. K! Business Solutions GmbH does not warrant or make any representations regarding the use or the results of the use of the materials in the MagicWorkbooks.com website in terms of their correctness, accuracy, reliability, or otherwise. You (and not K! Business Solutions GmbH) assume the entire cost of all necessary servicing, repair or correction.
The European Commission provides an online dispute resolution which can be accessed under www.ec.europa.eu/consumers/odr/. We are neither committed nor willing to participate in this online dispute resolution. You'll find our email address under "contact".
Your Magic Workbooks® - Team