These Terms and Conditions (hereinafter "T&C") apply to all contracts concluded between Erseni Ltd (hereinafter "Provider") and the customer (hereinafter "Customer") via the Provider's website.
Deviating, conflicting or supplementary terms and conditions of the Customer shall only become part of the contract if and to the extent that the Provider has expressly agreed to their validity in writing.
The presentation of products and services on the website does not constitute a legally binding offer but an invitation to submit an offer.
By clicking the order button, the Customer submits a binding offer to conclude a contract. The contract is concluded when the Provider accepts the offer by means of an order confirmation by email.
The contract text is stored by the Provider and made available to the Customer on request.
The Provider provides the Customer with services in accordance with the respective service description. The exact scope of services results from the product description on the Provider's website and from any individual agreements.
The Provider is entitled to make changes to the services, insofar as these changes are reasonable for the Customer taking into account the interests of the Provider.
The prices stated are final prices including statutory VAT, unless otherwise stated.
Payment is made via the payment methods specified on the website. The Provider reserves the right to exclude certain payment methods.
In the event of default in payment, the Provider is entitled to charge default interest at the statutory rate.
The subject matter of the contract is the provision of digital content (e.g. cookbooks as PDF, digital texts, online subscriptions) for a fee for download or online use via the Customer's personal account.
The digital content is made available to the Customer in their personal account or for download immediately after conclusion of the contract and full receipt of payment. No physical delivery takes place.
Provided that the Customer expressly consents in the order process that the provision of the digital content shall commence before the expiry of the withdrawal period AND at the same time confirms knowledge that they thereby lose their right of withdrawal, the right of withdrawal expires upon commencement of contract performance (§ 356 (5) BGB / § 18 (1) (11) FAGG). Both declarations must be made separately in the order process and are documented in the order confirmation.
The digital content is provided in the format specified on the website. The Customer acquires a simple, non-transferable right of use for private purposes. Disclosure to third parties, reproduction, public performance or commercial exploitation are prohibited without the express written consent of the Provider.
When purchasing and using the digital content, the Provider processes personal data on the basis of Art. 6 (1) (b) GDPR (performance of contract) and to fulfil statutory retention obligations pursuant to Art. 6 (1) (c) GDPR. Further information can be found in the Privacy Policy.
The Provider offers time-recurring services in the form of a subscription. The specific scope of services results from the respective subscription description on the website.
The subscription is concluded for an indefinite period and, after expiry of any minimum term stated on the website, may be cancelled at any time with one month's notice to the end of the calendar month (§ 309 No. 9 BGB).
After expiry of the respective booked minimum term, the subscription is automatically renewed for an indefinite period. It can then be cancelled at any time with one month's notice to the end of the calendar month. Ongoing billing is automatically processed via the stored means of payment.
The cancellation can be declared at any time via the cancellation button provided in the member area (§ 312k BGB), via the customer portal of the payment service provider, or by email to the Provider. Once the cancellation takes effect, access to the subscription content expires at the end of the billing period already paid for.
The Provider reserves the right to adjust the prices of the subscription at its reasonable discretion (§ 315 BGB) if relevant cost factors change. The price adjustment is communicated to the Customer with a prior notice period of at least 30 days by email. The Customer has the right to extraordinarily terminate the subscription until the price adjustment takes effect. A deemed acceptance through silence does not apply.
Consumers are generally entitled to a 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 of the conclusion of the contract.
To exercise your right of withdrawal, you must inform us
Erseni Ltdby means of an unambiguous statement (e.g. a letter sent by post or email) of your decision to withdraw from this contract.
If you withdraw from this contract, we shall reimburse you all payments received without undue delay and no later than fourteen days from the day on which we received notice of your withdrawal. For this reimbursement, we will use the same means of payment that you used for the original transaction; no fees will be charged for the reimbursement itself. For services already provided, value compensation may be claimed in accordance with § 357a (1) BGB / § 16 FAGG, provided you were informed of this prior to the conclusion of the contract.
The right of withdrawal expires prematurely once the Provider has begun executing the contract after the Customer (a) has expressly consented that the execution of the contract commences before the expiry of the withdrawal period, and (b) has confirmed their knowledge that, by giving this consent, they lose their right of withdrawal upon commencement of the contract performance (§ 356 (5) BGB / § 18 (1) (11) FAGG). For ongoing subscriptions this only applies to the respective billing period that has already been executed.
The statutory warranty provisions apply.
The warranty period is two years from delivery of the goods.
For perishable goods, the warranty is limited to defects that already existed at the time of handover. Complaints regarding perishable goods must be made immediately upon receipt.
The Provider is liable without limitation for damages arising from injury to life, body or health, as well as for damages caused intentionally or by gross negligence.
In the case of slight negligent breach of a material contractual obligation, the Provider's liability is limited in amount to the foreseeable damage typical for the contract at the time of its conclusion.
Any further liability of the Provider is excluded. The above limitations of liability also apply for the benefit of the Provider's vicarious agents.
The law of the Republic of Cyprus applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods and the conflict-of-law rules of international private law. With regard to consumers whose habitual residence is in another EU Member State, the mandatory consumer-protection provisions of that state of residence remain unaffected (Art. 6 (2) Rome I Regulation).
The place of jurisdiction for all disputes arising from this contractual relationship is, to the extent legally permissible, Larnaca, Cyprus.
Should individual provisions of these T&C be or become invalid, this shall not affect the validity of the remaining provisions.
The European Commission provides a platform for online dispute resolution (ODR): https://ec.europa.eu/consumers/odr/
We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
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