Terms and Conditions for Direct Selling in the Online Shop at www.OnetoKnow.com
1.1 The following Standard Terms & Conditions of Business (“T&C”) apply to the use of the Online Shop at www.OnetoKnow.com (“Online-Shop”), as well as to the purchase contracts concluded at the Online Shop, and to all related services provided by us. Contracts are concluded with OnetoKnow – M. Erk Durgun (email: [email protected]) (“OnetoKnow”).
1.2 As used in these T&C, the term “Customer” shall refer to users of the Online Shop and to buyers of digital and print books at the Online Shop.
1.3 Any terms of business laid down by the Customer which diverge from these T&C shall not apply. Any confirmation from the Customer that is based on the latter’s own terms of business is hereby expressly refuted. The Customer’s terms of business shall not become an integral part of any agreements unless OnetoKnow has expressly confirmed same in writing.
2.1 In the Online Shop, OnetoKnow offers books and electronic books (including individual chapters thereof, if available) (“eBooks”) for sale. The specific items and prices or subscription terms can be gathered from the details provided in each case at the Online Shop.
2.2 After placing an order for them, Customers can download and store eBooks in EPUB or AZW3 formats.
2.3 The Customer will be granted access to OnetoKnow downloads after his or her respective order by provided download links on checkout page and email.
3.1 For using digital content and in particular for reading and storing the eBooks, the Customer needs normal Internet access for downloading eBooks, and a software or an eBook reading device for viewing documents in electronic format.
4.1 Customers intending to place orders at the Online Shop must be 18 or older to use the Online Shop.
4.2 The personal data requested during purchase must be true and correct. In particular, the Customer may not enter any third-party data and in the event of any changes shall be under obligation to immediately update his or her personal particulars in the Online Shop.
5.1 The access data (email address and password, or user name and password) are exclusively for the Customer’s own personal use. The Customer may not pass on or otherwise disclose his or her access data to third parties. If the Customer obtains knowledge of any misuse of access data, or simply suspects such misuse, he or she must immediately report this to OnetoKnow. The Customer shall be liable for all consequences of third-party use insofar as he or she is responsible for access data being misused. This may include having to pay for any orders placed without authorisation. The Customer’s liability for further actions taken by third parties shall lapse as soon as he or she has informed OnetoKnow about the unauthorised usage of access data or their loss, and has changed his or her password, if necessary.
6.1 The Customer has the option of ordering individual issues of ONE: Invitation to Know as print books and/or as eBooks by clicking on the relevant shopping cart button provided for the goods on offer, and by subsequently completing the order process.
6.2 By clicking on the “I’ve read and accept the terms & conditions” button on the Checkout Page, the Customer submits a proposal to conclude the relevant contract. OnetoKnow accepts this proposal by sending order confirmations by email, whereupon the contract is formed. OnetoKnow is under no obligation to accept the Customer’s proposal. OnetoKnow’s confirmation of receipt of an order does not constitute a binding confirmation of the actual order.
7.1 The books sold by OnetoKnow shall be dispatched to the Customer. The Customer shall pay the normal shipping costs. During the order process, the Customer’s attention will be expressly drawn to this fact and to the actual shipping costs payable.
7.2 OnetoKnow is entitled to make part-deliveries.
8.1 eBooks are delivered in Electronic Format. For delivery purposes, the Customer can click on provided download links on checkout page and email after conclusion of the contract, which triggers the downloading of the respective file in Electronic Format.
9.1 The prices for the individual goods are stated in the respective presentation of each item.
9.2 Unless otherwise agreed, payment for an individual order of a print book, or for one-off retrieval of an eBook must be made in advance and shall fall due for payment immediately on completion of the order.
9.4 The Customer shall be billed electronically for the goods and services ordered, and invoices shall be sent to the email address he or she has specified. If the Customer also wishes hard-copy invoices to be sent, OnetoKnow may charge a separate fee for this.
9.5 If the Customer fails to honour his or her payment obligations, or if any amounts paid are reverse-charged, OnetoKnow shall be entitled to block the Customer’s access to the Online Shop and, if applicable, to OnetoKnow-Site, while at the same time reserving the right to assert further claims. If access is blocked because receivables are still outstanding and if the Customer balances the arrears, his or her access shall be reactivated.
9.6 Print books are delivered subject to retention of title. The goods delivered shall remain OnetoKnow’s property until such time as the purchase price has been paid in full.
10.1 Purchased digital content shall be delivered to the Customer by making the eBook available in Electronic Format (cf. Clause 8 above).
10.2 The Use of eBooks is permitted only for the Customer’s own purposes and the cases allowed by copyright law. If the Customer downloads digital content, the file may be stored on the end device used by the Customer personally. The following in particular are not permitted: making unauthorised additional copies, in particular on end devices or media to which third parties have access; adapting digital content, and publishing or exploiting the item thus made; passing on digital content to third parties, or making it available to the public (including intranets). The above rules apply to digital content in its entirety as well as any part that is protected by copyright (individual chapters/articles, photographs, diagrams etc.)
10.3 OnetoKnow reserves the right to mark the Customer’s eBook with the Customer’s name and eMail address, using an electronic watermark or some other technical identification mark. Moreover, to prevent misuse, OnetoKnow reserves the right to mark the eBook and individual content items by other means that are not necessarily evident to the Customer. Finally, OnetoKnow reserves the right to equip the eBook with technological protection measures to prevent any acts infringing copyright and any other infringements of intellectual property rights.
10.4 OnetoKnow reserves the right to block or forbid the Customer’s access to the retrieval of his or her eBook(s) or access to digital content that has already been downloaded if the Customer has acted in breach of Clause 10.2 above.
11.1 When OnetoKnow accepts a Book order that the Customer has placed and paid, and makes an eBook available to the Customer for download and/or orders a print book to a “Print on Demand” printing service for delivery, the Customer enters into a contract with OnetoKnow. The costumer may have a legal right to cancel an online contract within 14 days after placing the order. However, the Customer cannot cancel or return an ebook if the Customer started downloading an eBook file; or the Customer cannot cancel or return a print book if OnetoKnow has already ordered the print Book to a “Print on Demand” printing service for delivery.
12.1 OnetoKnow attaches great importance to the protection and safety of the Customer’s personal data.
12.2 Collecting your data serves to provide you with user-friendly, efficient and secure internet services. We use the collected and processed personal data in order to provide those users who are interested with information. Furthermore, we generally process the data with the goal of improving our service and ensuring its security. No personal data is processed: we process the data anonymously or using pseudonyms. Whenever you complete transactions using our website, e.g. opening a user account and / or purchasing a publication, further data processing processes may take place.
12.3 We save and use your e-mail address to send you newsletters. We will then send electronic messages at appropriate intervals to the e-mail address you gave us, which may also contain topic-specific advertisements along with editorial information on our products and services. However, you can unsubscribe at any time, and we provide the necessary links in each newsletter.
As a general rule, you may access our websites without having to provide any personal data. Nevertheless, we will create a so-called utilization profile by using a pseudonym if you visit our websites as a registered or unregistered user. This implies that data will be collected and saved anonymously for marketing and optimization purposes. This data includes information on the website from which you were taken to our offer, information on your internet service provider and the offers you viewed on our website, as well as the date and length of your visit. On the basis of this already pseudonymous data a utilization profile will be created, along with a corresponding pseudonym. For this purpose, cookies may be used (see subparagraph 5 below). Authentication and tracking logs will be used to compile user statistics. This data will not contain any personally identifiable information.
12.4 We only pass on personal data to a third party to the extent necessary to fulfill our contractual relationship (if at all), if we are bound by law or if it should be necessary in order to implement our general terms and conditions of business or any other agreements concluded with you, or in order to enforce our rights and claims.
12.5 Provided you send us a request in writing, we will inform you about which personal data we have saved at any time. You may at any time demand that we freeze or delete your user account data and accordingly your personal data. Only data we need in order to process open tasks or to enforce our rights are exempt from deletion, as well as data we are required to save by law.
12.6 We use so-called cookies or other instruments to analyze the usage of our website. Cookies are small files which are saved on your hard drive and which provide us with specific information. This information above all includes the IP address, your browser type, the URL click stream (the chronological order of our internet sites you visited), the date and the time of your visit on our website as well as the cookie number.
12.6 We employ technical and organizational security measures to guarantee that your data is protected from loss, incorrect modifications and unauthorized third-party access. To the greatest extent possible, we ensure that only authorized persons have access to your personal data and only insofar as it is necessary in the scope of the above-mentioned purposes.
12.7 You maintain at all times the right to disallow the collection and saving of your data. To do so, please contact us via the e-mail address [email protected].
13.1 The Customer may give notice terminating the agreement on use for the Online Shop at any time.
13.2 After the agreement on use has terminated, the Customer shall no longer have any access to the Online Shop and, if applicable, also to OnetoKnow-Site, and shall therefore no longer be able to access any eBook download links.
13.3 Both parties reserve the right to give extraordinary notice for grave cause.
13.4 Notice of any such termination must be transmitted in text form. Please send your notice of termination by email to [email protected].
14.1 OnetoKnow makes no provision for separate contract documents based on these T&C. OnetoKnow therefore will not store “the contract document” that specifically relates to the Customer personally.
15.1 If the Customer is a registered trader, a public corporation or a special trust managing public assets, Istanbul shall be the place of jurisdiction for all legal disputes arising directly or indirectly from the contractual relationship between OnetoKnow and the Customer. In such event, Istanbul shall be deemed to have been agreed as the place of performance.
15.2 The same shall apply if, subsequent to the conclusion of the contract, the Customer’s place of residence or habitual place of abode is located at some place outside the territory of Republic of Turkey or is relocated to such a place. This shall also apply if the Customer’s place of residence or habitual place of abode is not known at the time when legal action is filed.
15.3 If any provision of these Standard Terms & Conditions of Business is ineffective, this shall not affect the validity of the remaining provisions. In any such case, the parties shall negotiate for a clause that is to substitute the ineffective provision and that reflects the content of the original provision as closely as possible.
15.4 We do not engage in out-of-court settlements before consumer arbitration bodies.