Mobipocket submits to you the General Conditions that rule your purchases on the Mobipocket Site (hereinafter "the Site"). Mobipocket may amend regularly these terms according to the modifications, addings, retractings and novelties of the Site. We advise you to refer regularly to the last General Conditions version permanently available at this address: http://www.mobipocket.com/en/buy/termstrade.asp.
Mobipocket reminds you that giving an order implies your full acceptance of the General Conditions of Sale.

  1. PRICE

The price of the articles offered for sale on our Site include VAT when applicable and are subject to the effective laws in force, in particular the European Union taxes.
All products and service orders are displayed in US dollars ($US). For on-line credit card payments, the total amount due is charged to your credit card in EURO. The $US-EURO exchange rate is based on standard daily bank rates. The exact amount in EURO is displayed on the page where you enter your credit card information.

Mobipocket and its partners will be allowed to modify at any moment the products and services prices. In case of price changing during your giving an order, the appropriate price will be precisely the one inscribed on the product or the service at the moment of your order.

  2. ORDER

Mobipocket is allowed to modify regulary its products and services catalogue.

In case you do a mistake in ordering a product or a service, Mobipocket will pay you back with a voucher which amount will correspond to the paid surplus. In case Mobipocket or one of its partners are responsible for the mistake, Mobipocket will pay you back either in the form of voucher or in the form of a cheque which amount will correspond to the paid surplus. In return, you promise to destroy all the loaded exemplaries.

  3. PAYMENT, SECURITY OF TRADE AND INSURANCE

The price is immediately exigible at the order moment. You have the possibility to pay by credit card.

  4. INVOICING

At the trading on line procedure end, you will be send a digital invoice. Mobipocket hold at your disposal the transaction paper invoice that you will be given provided you ask for it in writing. This invoice is the purchase proof on the Site and the proof of your Mobipocket trade General Conditions approval.

  5. TERMS OF PRODUCT OR SERVICE USE / LOADINGS

You admit and you accept that the product or the service bought is exclusively readable on the PDA corresponding to the PID you registered on the Site at the inscription moment.

The payment carried out, you will be allowed to download the product or the service. It will be available on your personal account "My Library" created according to the general terms of use. Your account "My Library" enables to consult permanently the whole products and services you bought on the Site. By the way according to the general terms of use, Mobbipocket is allowed permanently to remove a product or a service from your account especially in case of diffusion rights loss. By the way you are advised to preserve the files bought on your computer hard disk.

  6. RETURN

Because of the nature of the products and services offered on the Site and in order to avoid every fraud risk, you admit and accept not using any return right concerning:

  7. CUSTOMER SERVICE

For any further information, you should browse the Mobipocket forum

In order to be offered a personalized and effective customer service, you promise to supply us a real and complete information during your Mobipocket registration.

  8. PROPERTY AND RISKS CONVEYANCE

The products and services property conveyance comes off at the precise moment when you completely payed each product and service price. The products and services loss and damages risks are conveyanced to you at the Mobipocket general terms of use approval moment.

  9. PROPERTY RIGHTS

Every elements you will find on the Site in particular the texts, the information, the images, the softwares, the logos and other distinctive signs etc. may be protected by property rights in particular copyrights. By the way you promise not to reproduce, copy, sell, resell, rent or exploit etc. whole or part of these elements in a commercial or other purpose, unless you have allowed to do it by the beneficiary.

Every representation or reproduction, total or partial, of the Mobipocket catalogue without Mobipocket license is strictly forbidden. You are not allowed to reproduce, copy, sell, resell or exploit whole or part of the Mobipocket catalogue in a commercial or other purpose.

  10. LIABILITY/GUARANTEES

Mobipocket does not provide any express or implicit guarantee, including, without such list being exhaustive, the guarantees regarding the quality and compatibility of the service with a specific use, and non-violation of the service use rules by its users. In particular Mobipocket does not guarantee that the service (i) shall exactly met your expectations (ii) shall be uninterrupted, timely, reliable or free of any error (iii) the results that may be obtained by using the service shall be accurate and reliable (iv) the quality of all the products, services, information or other material bought or obtained by you on the service shall be up to your expectations, and (v) that any faults in the software used shall be corrected.

Moreover, subject to the regulations in force, Mobipocket may not be held liable for any direct or indirect damage (notably loss of profits, clientele, data or other loss of intangible assets even if Mobipocket is informed that such damage is potential) that may arise from (i) the use or on the contrary the impossibility of using the service (ii) the cost that may arise from the acquisition of substitute goods and services (iii) following unauthorised access to the service by a user or modification of your transmission or of your databank (iv) following a declaration or the conduct of a third party on the service and (v) any other issues concerning the service.

 11. OTHER PROVISIONS

These General Conditions of Sale of the product and the service represent the entire agreement between Mobipocket and you for the use of the service, and replace any previous agreement between you and Mobipocket. As we indicated above, you may also be subject to the additional General Conditions of sale specific to certain services, third party content and third party software which will be provided to you when you access such service, content or software. Failure by Mobipocket to exercise its recognised rights in application of these General Conditions of sale is(are) cancelled by a court decision, the other provisions shall remain valid and shall continue to apply to the parties. The headings of the articles are provided for guidance only

 12. LAW ENFORCABLE/JURISDICTION

CONTRACTS BETWEEN YOU AND MOBIPOCKET SHALL BE GOVERNED BY THE FRENCH LAW AND ALL DISPUTES SHALL BE EXCLUSIVELY SUBMITTED TO THE FRENCH COURTS JURISDICTION.