AGB
Terms and Conditions
1. Scope of Application
1.1 These General Terms and Conditions (GTC) apply to all contracts between Escape Readz Publishing Köhler GbR (hereinafter referred to as the “Supplier”) and consumers (hereinafter referred to as the “Customer”) concerning the purchase of digital content, digital services, print products and merchandise concluded via the Supplier’s online shop.
1.2 Any deviating terms and conditions of the Customer shall not be recognised unless the Provider expressly agrees to them.
1.3 Consumers are natural persons who enter into a legal transaction for purposes that are predominantly neither commercial nor related to their self-employed professional activity (Section 13 of the German Civil Code (BGB)).
1.4 The conclusion of a contract with entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB) is excluded.
1.5 Digital content refers to data provided in digital form, in particular e-books. Digital services refer in particular to subscription-based online offerings.
2. Conclusion of the Contract
2.1 The products and services displayed in the online shop do not constitute binding offers, but serve as an invitation to the customer to make an offer.
2.2 The customer makes a binding offer by completing the ordering process.
2.3 The contract is concluded as soon as the supplier accepts the customer’s offer by sending an order confirmation by email or by granting the customer access to the digital content or services.
2.4 The text of the contract is stored after the contract is concluded and sent to the customer in writing (e.g. by email).
2.5 Before submitting a binding order, the customer may correct their entries at any time.
2.6 Order processing and communication generally take place via email. The customer must ensure that the email address provided is correct.
3. Right of withdrawal
3.1 Consumers are generally entitled to a statutory right of withdrawal. Further details are set out in the provider’s separate withdrawal policy.
3.2 In the case of contracts for digital content or digital services, the right of withdrawal lapses if the customer expressly agrees that performance of the contract will commence before the expiry of the withdrawal period and confirms that they thereby forfeit their right of withdrawal.
4. Prices and Terms of Payment
4.1 All prices quoted are final prices and include VAT.
4.2 The available payment methods vary by country and are displayed to the customer during the ordering process.
4.3 Payment processing is handled by external payment service providers. Different providers may be used depending on the country and the selected payment method.
4.4 The following payment service providers are available in particular:
Mollie
PayPal (including credit card payment via PayPal)
SEPA direct debit via Stripe
4.5 Payment processing is carried out exclusively via the technical systems of the respective payment service providers. Escape Readz Publishing Köhler GbR has no influence over the nature, scope and purpose of the data processing carried out there.
4.6 The General Terms and Conditions and privacy policies of the respective payment service providers apply exclusively to the independent data processing carried out by them.
Escape Readz Publishing Köhler GbR is not responsible for this data processing. The privacy policy of Escape Readz Publishing Köhler GbR applies exclusively to data processing within its own online offering.
4.7 When paying by SEPA direct debit, the customer undertakes to ensure that there are sufficient funds in their account.
4.8 Returned direct debits resulting from incorrect details, insufficient funds or an unauthorised objection, and where the customer has not contacted the provider in advance, shall be deemed unauthorised returned direct debits.
4.9 The provider is entitled to pass on the actual costs of the returned direct debit, as well as reasonable processing fees, to the customer.
4.10 If there is reasonable suspicion of an attempted fraud, the provider is entitled to pass on the data collected in connection with the order, including the IP address and payment details, to law enforcement authorities, provided this is necessary to clarify the facts of the matter.
5. Subscriptions and Terms
5.1 Digital services may be offered on a subscription basis.
5.2 Subscriptions are offered without a minimum term and are billed monthly, quarterly, half-yearly or annually, depending on the option selected.
5.3 The subscription may be cancelled at any time up to the end of the relevant billing period.
5.4 No pro-rata refund will be given for subscription fees already paid.
6. Provision of digital content
6.1 Digital content and digital services are provided exclusively via download or online access.
6.2 The customer is solely responsible for ensuring that the technical requirements for accessing the content are met.
7. Rights of Use
7.1 The Provider grants the Customer a non-exclusive, non-transferable right to use the digital content, solely for private use.
7.2 Distribution, reproduction, making the content publicly available or commercial use is prohibited.
8. Merchandise
8.1 Merchandise items are produced and processed via the external provider Spreadshirt.
8.2 Spreadshirt’s terms and conditions apply in addition.
9. Warranty
9.1 The statutory warranty rights for consumers apply.
9.2 Minor or technically necessary deviations do not constitute a defect.
10. Liability
10.1 The Provider shall be liable without limitation in cases of wilful misconduct, gross negligence, and in the event of injury to life, limb or health.
10.2 In cases of ordinary negligence, the Provider shall only be liable for breaches of material contractual obligations, and such liability shall be limited to foreseeable damage typical for this type of contract.
11. Governing Law
11.1 The law of the Federal Republic of Germany shall apply, to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
11.2 Mandatory consumer protection provisions remain unaffected.
12. Alternative dispute resolution
12.1 The European Commission provides a platform for online dispute resolution (ODR): https://ec.europa.eu/consumers/odr
12.2 The provider is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

