General Terms and Conditions

of the Löwenbooks platform
operated at https://lowenbooks.cz

General Platform Rules

I. Introductory Provisions

  1. These general terms and conditions (hereinafter the “Terms”) issued pursuant to Section 1751 et seq. of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter the “Civil Code”) govern the mutual rights and obligations of the operator of the Löwenbooks platform (hereinafter the “Platform”):

Löwenware s.r.o.

Company ID: 06203051

with its registered office at U Jezu 525/4, Liberec IV-Perštýn, 460 01 Liberec

registered in the Commercial Register kept by the Regional Court in Ústí nad Labem, Section C, Insert 39870

contact e-mail: books@lowenware.com

contact phone: +420 775 422 922

website: https://lowenbooks.cz/ (hereinafter the “Website”)

(hereinafter the “Operator”)

and natural persons who use the Platform outside the scope of their business activity as consumers or in connection with it as natural persons — entrepreneurs (hereinafter the “User”), arising in connection with use of the Platform, conclusion of a contract for the provision of Platform services (hereinafter the “Platform Contract”) and a contract for making digital content available between Users (hereinafter the “Author–Reader Contract”) by means of distance communication through the Platform.

  1. Definitions of basic terms:

    a. Terms — these general terms and conditions issued pursuant to Section 1751 et seq. of the Civil Code

    b. Website — the Operator’s web interface available at https://lowenbooks.cz/

    c. Platform — the Löwenbooks online platform operated by the Operator and available through the Website, intended in particular for the creation, publication and making available of electronic books among Users of the Platform

    d. Operator — the company Löwenware s.r.o., Company ID: 06203051, with its registered office at U Jezu 525/4, Liberec IV-Perštýn, 460 01 Liberec, registered in the Commercial Register kept by the Regional Court in Ústí nad Labem, Section C, Insert 39870

    e. User — a natural person for whom a user account has been created or activated within the Platform on the basis of registration and who has concluded a Platform Contract, regardless of whether they use the Platform outside the scope of their business activity or in connection with it

    f. Author — a User who creates, publishes or makes a Book available to other Users through the Platform

    g. Reader — a User who obtains or is interested in obtaining access to a Book through the Platform, whether free of charge or for consideration

    h. Book — an electronic book or part thereof which is created, published and/or made available through the Platform and which constitutes digital content within the meaning of the Civil Code

    i. User Account — a User’s account created within the Platform on the basis of their registration, through which the User may use the Platform services available to registered Users

    j. Platform Contract — a contract for the provision of Platform services concluded between the Operator and the User

    k. Author–Reader Contract — a contract concluded through the Platform between the Author and the Reader, on the basis of which the Author makes a Book available to the Reader free of charge or for consideration and grants them authorisation to use it for personal needs

    l. User Content — all information and content inserted, created, published or otherwise made available by the User through the Platform, in particular Books, data and texts in user profiles, titles, descriptions, covers, images, comments and ratings

    m. Civil Code — Act No. 89/2012 Coll., the Civil Code, as amended.

  2. The Operator’s contact point for communication with Users, authorities of Member States, the European Commission and the European Board for Digital Services pursuant to Regulation (EU) 2022/2065 of the European Parliament and of the Council is the e-mail address books@lowenware.com. Communication may take place in Czech or English.

  3. These Terms form an integral part of the Platform Contract as well as the Author–Reader Contract. Divergent arrangements in a contract take precedence over the provisions of these Terms.

  4. These Terms, the Platform Contract and the Author–Reader Contract are concluded in the Czech language.

II. Rules of Use of the Platform and Moderation of User Content

  1. The User is entitled to use the Platform and its features to the extent enabled by their User Account and in accordance with these Terms, legal regulations and the purpose of the Platform. When using the Platform, they are obliged to respect the rights of the Operator, other Users and third parties.

  2. In particular, the User is not entitled to:

    a. interfere with the operation, functionality, security or integrity of the Platform or attempt to circumvent its technical or security measures

    b. obtain unauthorised access to User Accounts, non-public content, data or systems of the Operator or other persons

    c. use automated tools, scripts, bots or other means to manipulate ratings, recommendations, the ranking of Books, statistics or other Platform features

    d. automatically download, collect, copy or otherwise scrape content or data from the Platform, unless expressly permitted by the Operator or by legal regulations

    e. insert into the Platform malicious code, viruses or other elements that may disrupt its operation or harm the Operator, Users or third parties

    f. impersonate another person or falsely create the impression of being associated with the Operator or another User

    g. use the Platform in a fraudulent, deceptive, unlawful or otherwise abusive manner.

  3. The Author is entitled to use artificial intelligence tools when creating their texts, but only as a support. The Book must primarily be the result of the Author’s own creative activity. The Author is not entitled to publish through the Platform a Book created predominantly or exclusively by artificial intelligence tools without a substantial own creative contribution. The Author is fully responsible for the resulting content of the Book.

  4. If the User discovers a technical defect, security incident, unauthorised access or other misuse of the Platform, they may inform the Operator without undue delay via the support chat (for logged-in Users) or the Operator’s contact e-mail.

  5. User Content that the User inserts, creates, publishes or otherwise makes available through the Platform, including Authors’ Books and comments on them, must not be unlawful, infringe third-party rights or conflict with these Terms.

  6. Any User may notify the Operator via the support chat on the Platform or the Operator’s contact e-mail of specific User Content that they consider unlawful. Such content may also be reported by persons who do not have a registered User Account.

  7. A notice of unlawful content must contain a sufficiently reasoned explanation of why the notifier considers the User Content unlawful, a precise identification and location of that content, and a statement that the notice is submitted in good faith and that the information provided is, to the best of their knowledge, accurate and complete. The notifier shall also state their name and e-mail address.

  8. The Operator is not obliged to check User Content before its publication or to actively seek facts indicating its unlawfulness. Notices of unlawful content are assessed within a reasonable time according to the scope and severity of the reported unlawful content, objectively and with due care. If the notifier has provided their e-mail address, the Operator will confirm receipt of the notice and subsequently inform them of the decision taken.

  9. If the Operator finds that User Content is unlawful or conflicts with these Terms, it may, according to the nature and severity of the breach, in particular refuse its publication, restrict its visibility, temporarily or permanently make it unavailable or remove it, or restrict the provision of services to the User concerned.

  10. Removal of unlawful User Content by the Operator does not concern the content of a Book; however, upon discovering unlawful content the Operator may make such a Book unavailable or restrict its visibility. If only part of a Book is unlawful and the Operator cannot, given the technical capabilities of the Platform, make only that specific part unavailable, the Operator is entitled to make the entire Book unavailable.

  11. Where the nature of the breach so allows, the Operator may first call on the User to remove or amend the defective part without undue delay, no later than within 3 days, and if the User fails to comply with such call, proceed to measures under this article of the Terms restricting the User, their User Account and content inserted or shared by them.

  12. When choosing measures, the Operator takes into account in particular the nature and severity of the breach, its scope, possible impacts and the rights of the persons concerned. If the nature of the unlawful content or a legal obligation requires immediate action, the Operator may make the content unavailable or remove it without prior notice to the Author.

  13. The Operator shall inform the User concerned of a refusal to publish, restriction of visibility, making unavailable or removal of User Content, or of a restriction of services due to unlawful User Content. It shall in particular communicate what measure it has taken, its scope and duration, the decisive factual circumstances, the legal or contractual ground for the measure, information on any use of automated means, and available remedies, unless prevented by a legal regulation or a decision of a public authority.

Platform Contract

III. Platform Services

  1. Through the Platform, the Operator provides Users with an online environment that enables Authors to create, edit, publish and make Books available, and Readers to search for, browse and obtain access to Books free of charge or for consideration.

  2. The Operator ensures the functioning of the Platform and technically enables the conclusion and performance of the Author–Reader Contract. The Operator is not a party to the Author–Reader Contract and is not liable for the proper performance of the Author’s or Reader’s obligations. This is without prejudice to its liability for the provision of Platform services.

  3. Registration and use of the Platform are free of charge; however, Books may also be made available by the Author for consideration. If the Author makes a Book available for consideration, the Operator is entitled to a portion of the Book’s price as remuneration for the provision of Platform services.

  4. The Platform may rank and recommend Books according to the User’s interests, their favourite Books and Authors, the popularity of Books and the date of their publication. The greatest weight is given to the match of a Book with the User’s interests and their preference for particular Authors; additional complementary criteria are popularity and publication date. If the Platform does not have sufficient data for personalised recommendations, it displays Books primarily according to popularity and publication date. The ranking of Books cannot be influenced by direct or indirect consideration paid to the Operator.

  5. The Operator does not guarantee continuous availability of the Platform or its individual features, in particular due to maintenance, updates, technical failures or circumstances beyond its control. The Operator shall inform Users in advance of a planned substantial change, restriction or termination of the Platform.

IV. Conclusion of the Platform Contract and User Account

  1. Registration and creation of a User Account are required to create and publish Books, obtain access to Books and add comments and ratings. Registration and maintenance of a User Account are free of charge.

  2. The User may register via an e-mail address or an account held with a login service provider supported by the Platform. The Platform Contract is concluded upon successful completion of registration and creation or activation of the User Account. The User is informed of the creation or activation of the User Account through the Platform or the e-mail address provided upon registration. These Terms are attached to that notice. Completion of registration is conditional on filling in the required data, expressing consent to these Terms and confirming that the User has familiarised themselves with the personal data processing principles. These Terms are made available to the User before completion of registration and throughout the duration of the Platform Contract in a manner enabling their download, storage and repeated display.

  3. Each User may have only one User Account, unless the Operator permits them to create another User Account. A User Account is non-transferable. A User who is an Author may also use the Platform as a Reader at the same time.

  4. When registering for a User Account and when using the Platform, the User is obliged to state all data correctly and truthfully. The User is obliged to update the data stated in the User Account whenever they change. Data stated by the User in the User Account are considered by the Operator to be correct.

  5. The User acknowledges that the User Account may not be available continuously, in particular with regard to necessary maintenance of the Operator’s hardware and software, or that of third parties.

  6. Access to the User Account is secured by a username and password, or via an account held with a supported login service provider. The User is obliged to protect their login credentials and not to disclose them to third parties. If the User discovers their loss, misuse or unauthorised access to the User Account, they are obliged to inform the Operator without undue delay.

  7. The User is not entitled to allow third parties to use the User Account. The Operator bears no liability for any misuse of the User Account by third parties.

  8. The Operator may cancel the User Account, in particular if the User has not used their User Account for more than 5 years, or if the User breaches their obligations under the Platform Contract, the Author–Reader Contract or these Terms.

V. Operator’s Remuneration

  1. If the Author makes a Book available for consideration, the Operator is entitled to remuneration for the provision of Platform services. The Operator’s remuneration is paid by deduction from the Book price paid by the Reader; the Author does not pay it separately. The Operator’s remuneration is due at the moment the Book price is paid.

  2. The Operator’s remuneration is determined as a percentage of the Book price excluding VAT, and the amount of the Operator’s remuneration is accessible to the Author at any time in their User Account. The Operator has the right to unilaterally change the amount of the Operator’s remuneration. If the Operator intends to change the amount of the remuneration, it shall inform the Author of this fact in advance by e-mail and in the User Account. The change in the amount of the remuneration takes effect on the date stated in the Operator’s notice. If the Author does not agree with the change in the amount of the Operator’s remuneration, they may terminate the Platform Contract. A later change in the amount of the Operator’s remuneration has no effect on remuneration from Author–Reader Contracts concluded before that change.

  3. The Operator’s remuneration is calculated from the amount remaining of the Book price after deduction of VAT and the fees of the payment service provider. The Operator’s remuneration does not include VAT, as the Operator is not a VAT payer. If it becomes one, VAT will be added to the Operator’s remuneration in the amount according to applicable legal regulations.

  4. Payment of the Book price, payout to the Author and issuance of tax documents (invoices) are ensured through the payment service provider and payment gateway Stripe. The payment service and payment gateway provider is Stripe, LLC. By concluding the Platform Contract, the Author agrees that the payment service provider may accept the Book price from the Reader, make deductions under this article and pay the Author the amount due to them. Fees of the payment service provider associated with the processing of payments are borne by the Author.

  5. A condition of payout to the Author is completion of the Author’s registration and verification with the payment service provider and provision of correct and complete data needed to carry out the payout. The Author is obliged to keep these data up to date. Payout may be suspended for the period during which the Author does not meet the payment service provider’s conditions or fails to provide the required data or cooperation.

  6. The Author’s share is paid out through the payment service provider according to its rules and payout schedule to the account designated by the Author. Information on completed payments, the Operator’s remuneration and the Author’s payout is made available to the Author in the User Account or in the payment service provider’s interface.

  7. If a chargeback request is raised against the Operator by a User or by the payment service provider or a bank, the Operator shall settle the request without undue delay and in accordance with applicable legal regulations. An amount corresponding to the chargeback may be deducted from the payout of a User who is an Author. The Author will be informed of this fact by the Operator.

  8. The Author is responsible for fulfilling their tax and other public-law obligations related to income obtained through the Platform.

VI. Defects in Platform Services

  1. Rights arising from defective performance are governed by the relevant generally binding legal regulations (in particular the provisions of Sections 1914 to 1925, and if the User is a consumer, Section 2389a et seq. of the Civil Code and the relevant provisions of Act No. 634/1992 Coll., on Consumer Protection). When exercising rights arising from defective performance, the Operator shall proceed in accordance with the Complaints Procedure.

  2. The Operator is liable to Users for providing the Platform and Platform services without defects and for the agreed purpose for the duration of an active User Account. If the Platform exhibits defects (for example, it is not possible to purchase Books, read Books on the Platform or create new Books on the Platform), the User is entitled to notify the Operator of such defect.

  3. Users may notify such defects of the Platform as manifested at a time when the User had an activated User Account.

  4. The User acknowledges that for proper use of the Platform they must have adequate hardware and software (in particular a device with an internet browser) and a stable connection to the internet network.

  5. A User who is a consumer has the right to reimbursement of reasonably incurred costs associated with asserting a complaint. The Operator is not obliged to reimburse these costs to the User if the User did not assert them within the period set by the Civil Code (no later than within 1 month after the expiry of the period for asserting the defect).

  6. An Author who is a consumer may demand a discount from the price paid to the Operator for services and use of the Platform, or withdraw from the Platform Contract, in the following cases: if the Operator fails to remedy the defect within the period (or it follows from the circumstances of the case that the Operator will not remedy the defect within the period, or remedying the defect would cause the Author unreasonable difficulty), if the notified defect reappears, or if it is such a significant defect that it can be regarded as a material breach of the Platform Contract.

  7. If the Author withdraws from the contract, their User Account will be cancelled and they will be prevented from further use of the Platform.

  8. Rights arising from defective performance do not belong to the User if they themselves caused the defect. A defect is not subjective dissatisfaction with Platform services, nor non-performance of obligations by other Users; in such cases rights arising from defective performance likewise do not belong to the User.

VII. Complaints

  1. The User must make a complaint about defects in Platform services without undue delay after learning of the defect. If the User is a consumer, they may complain about Platform services for the duration of their User Account and further within 24 months of its cancellation. This period does not run for the time during which the Reader cannot use the Book, where the defect was notified justifiably.

  2. A registered User may make a complaint via the support chat; an unregistered User via e-mail: books@lowenware.com.

  3. When asserting a complaint, the User is obliged to identify the defect, or describe how the defect manifests itself, when the User discovered it and in what manner they request the complaint to be handled.

  4. When a complaint is asserted, the Operator shall issue the User a confirmation stating the date on which the User asserted the complaint, its content, the manner of handling requested by the User and the User’s contact details for the purpose of providing information on the handling of the complaint.

  5. The Operator is obliged to handle the complaint including remedying the defect and inform the User thereof within 30 days of the date the complaint was asserted, unless a longer period is agreed with the User. After futile expiry of this period, the User is entitled to withdraw from the Platform Contract. The User’s rights and obligations under the Author–Reader Contract are not thereby affected, nor are the rights and obligations concerning the Operator’s remuneration.

  6. The Operator is also obliged to issue the User a confirmation of the date and manner of handling the complaint, including confirmation of the repair performed, the duration of the complaint procedure, or a written statement of reasons for rejection of the complaint.

VIII. No Right of Withdrawal from the Platform Contract within 14 Days

  1. A User who has concluded a contract outside their business activity as a consumer has no right to withdraw from the Platform Contract within the meaning of Section 1829 of the Civil Code, because performance under the Platform Contract was provided already upon activation of the User Account, i.e. at the moment of conclusion of the Platform Contract. A User who has concluded a contract as a consumer agrees upon registration that the Platform be provided to them without undue delay after registration.

  2. The Operator draws the attention of Users who are consumers to the fact that the right to withdraw from the Platform Contract within the meaning of Section 1829 of the Civil Code ceases if the Operator begins performance with the consumer’s prior express consent before the expiry of the withdrawal period.

  3. Confirmation that the User expressly agrees to the commencement of performance before the expiry of the withdrawal period, and information that by granting consent the consumer’s right to withdraw from the Platform Contract ceases, shall be sent by the Operator to the consumer in the confirmation of conclusion of the contract under Art. IV(2) of these Terms.

IX. Duration of the Platform Contract and Cancellation of the User Account

  1. The Platform Contract is concluded for an indefinite period. The User may terminate it at any time by cancelling the User Account through the Platform or on the basis of a request sent to the Operator via the e-mail stated in the heading of these Terms.

  2. The Operator may temporarily restrict the services provided to the User or suspend access to their User Account if this is necessary to investigate a possible breach of these Terms, to protect the Platform, its Users or third parties, for security reasons or in order to fulfil a legal obligation.

  3. The Operator may cancel the User Account and unilaterally terminate the Platform Contract if the User seriously or repeatedly breaches legal regulations, these Terms or their obligations under the Platform Contract or the Author–Reader Contract. Such a breach includes in particular publishing unlawful or prohibited content, infringing third-party rights, disrupting the operation or security of the Platform, manipulating its features, fraudulent conduct or circumventing a previously imposed restriction. When assessing a breach and choosing measures, the Operator proceeds objectively and proportionately with regard to the nature, severity, frequency and impacts of the breach.

  4. The Operator may also cancel the User Account if the User has not used it for more than 5 years, or in connection with termination of operation of the Platform.

  5. The Operator shall inform the User of a restriction, suspension or cancellation of the User Account through the User Account or by e-mail and shall communicate the specific reason for the measure taken to the extent under Art. II(13) of these Terms. Unless the nature of the breach or a legal obligation requires immediate action, the Operator shall give the User an opportunity to remedy the situation.

  6. Upon cancellation of the User Account, the Platform Contract terminates. This is without prejudice to rights and obligations arising before its termination, in particular the obligation to settle as yet unsettled payment obligations between the Platform and the Author and between the Author and the Reader.

Author–Reader Contract

X. Information on Books and Prices

  1. Information on individual Books is stated with the relevant Book on the Platform. The Author is responsible for the accuracy, completeness and up-to-dateness of this information.

  2. Before conclusion of the Author–Reader Contract, the Book listing states in particular: description, genre, size of the Book, whether it is a completed work or whether the Book is still in the process of creation, and if the Book contains content unsuitable for a certain age category of Readers, also an age restriction. If the Author is an entrepreneur, they shall state this fact with the Book offer. If an age restriction is stated with the Book, a Reader who has not reached the required age is not entitled to view the Book’s content or to purchase the Book.

  3. If the Author acts as an entrepreneur, identification and contact details in the scope required by legal regulations are stated with the Book or in their profile. If the Author does not act as an entrepreneur, the Reader is warned before conclusion of the contract that consumer rights arising from a contract concluded with an entrepreneur do not apply to the Author–Reader Contract.

  4. The Author sets the Book price within the range enabled by the Platform. For the Author–Reader Contract, the price displayed immediately before submission of the order is decisive. A later change of price has no effect on already concluded contracts.

  5. The Book price is stated as final, including all taxes and fees that the Reader is to pay in connection with obtaining it. The Reader bears the costs of internet connection or other means of distance communication themselves. These costs correspond to the ordinary rate.

  6. The Author is obliged to update information about the Book without undue delay if it changes. Information stated with the Book at the moment of conclusion of the Author–Reader Contract, including any Book sample, becomes part of that contract.

XI. Conclusion of the Author–Reader Contract and Making the Book Available

  1. The Author–Reader Contract is concluded directly by the Author as provider of the Book and the Reader as its recipient. The Operator is not a party to this contract and through the Platform only technically ensures its conclusion and performance, and ensures the handling of Readers’ complaints.

  2. By publishing a Book on the Platform, the Author agrees that the Operator may on their behalf technically accept Readers’ orders, accept payments for Books on the Author’s behalf, confirm conclusion of the contract with the Reader and ensure that the Book is made available.

  3. In the Platform interface, the Reader selects the desired Book via the “Buy” button, checks the data in the order form pre-filled on the basis of data from the User Account and submits the order via the relevant button in the order form. Before submitting the order, the Reader may correct the entered data and familiarise themselves with information about the Book, the Author and the price.

    a. In the case of a paid Book, the Reader submits the order via the “Buy for X CZK” button binding the Reader to payment and subsequently makes payment in the manner under Art. XII of these Terms.

    b. In the case of a free Book, the Reader submits the order via the “Get for free” button.

  4. The Author–Reader Contract is concluded at the moment the Platform confirms receipt of the order to the Reader. For a paid Book, confirmation of the order is sent after successful completion of payment. Confirmation is made available to the Reader and the Author through the Platform or sent to the e-mail address stated in their User Account or, in the case of the Reader, to the e-mail address stated in the order.

  5. The Book is made available to the Reader without undue delay after conclusion of the Author–Reader Contract; for a paid Book, after successful completion of payment. If permitted by the Author or Platform features, the Book may also be made available to the Reader for download.

  6. If the Book is unfinished at the time of conclusion of the Author–Reader Contract, the Reader obtains access to its currently published part and to further parts that the Author subsequently publishes through the Platform, if this follows from the information stated with the Book. The Author is not obliged to further supplement or complete the Book unless expressly stated otherwise with the Book.

  7. All orders submitted by the Reader are binding. The Reader may cancel an order until notice of acceptance of the order by the Operator is delivered to the Reader. The Reader may cancel an order via the support chat or the Operator’s e-mail stated in the heading of these Terms.

  8. Information on concluded Author–Reader Contracts and on Books obtained is available to the Reader and the Author in their User Account.

  9. The Author is entitled to withdraw from a concluded Author–Reader Contract if the Book price clearly does not correspond to the value of that Book and that price was stated in the Platform as a result of a technical error on the part of the Platform. In such a case, the Author is entitled to withdraw from the contract through the Operator by notice via the support chat within the Platform or the Operator’s e-mail stated in these Terms. The Operator shall communicate to the Reader the reason for the Author’s withdrawal from the contract and make the Book unavailable to them until the Reader pays the Book price in an amount corresponding to its value on the basis of the Author’s statement. Subsequently, on the Operator’s instruction, the payment gateway provider shall send Users to their User Accounts or to the e-mail addresses stated in the User Account or in the order an accounting document and, in the case of a paid Book, effect a refund of the Reader’s payment. The refund is paid to the Reader within 14 days to the account from which they paid the Book price. The Author may not withdraw from a concluded Author–Reader Contract if there are insufficient funds in the Author’s account connected to the payment gateway provider’s payment gateway to effect a refund of the Reader’s payment, or if the Author has made that Book available to Readers for download.

XII. Payment Terms for Readers

  1. The Reader pays the price of a paid Book to the Author by cashless transfer via the Stripe payment gateway. When making payment, the Reader follows the instructions of the payment gateway provider.

  2. The Book price is due upon submission of the order. The Reader’s obligation to pay the Book price is fulfilled at the moment the payment service provider confirms successful completion of the payment.

  3. If payment is not successfully completed, the order will not be completed and the Book will not be made available to the Reader.

  4. A document confirming the payment made will be issued through the Stripe payment gateway provider. The document will be made available to the Reader and the Author in their User Account or sent to the e-mail address stated in the User Account or in the order. If either party to the Author–Reader Contract is a VAT payer under applicable legal regulations, a tax document (invoice) will be issued for the Reader’s payment.

XIII. Copyright and Licence Arrangements

  1. The Operator and the Reader acknowledge that the Book is a copyright work within the meaning of Act No. 121/2000 Coll., on Copyright, Rights Related to Copyright and on Amendment of Certain Acts (the Copyright Act), and enjoys protection under that Act.

  2. The Author declares that they are the author of the Book or are otherwise entitled to use, publish and make the Book available through the Platform and to grant licences under this article. The Author is also responsible for securing the necessary rights and consents to all components of the Book, in particular texts, illustrations, photographs, cover and other works or objects of protection of third parties.

  3. By inserting a Book into the Platform, the Author grants the Operator a non-exclusive and territorially unlimited licence to use it to the extent necessary for operation of the Platform and provision of its services. The Operator is entitled in particular to store, reproduce, display and make the Book available through the Platform, to make necessary technical modifications to it and to use its title, cover, description and samples for the purpose of presenting and promoting the Book and the Platform.

  4. The licence under the preceding paragraph is granted without any claim by the Author to special remuneration and lasts for the period during which the Book is stored or made available through the Platform. After removal of the Book or termination of the Author’s Platform Contract, the licence continues to the extent necessary for performance of already concluded Author–Reader Contracts and for fulfilment of the Operator’s legal or technical obligations.

  5. By making the Book available, the Author grants the Reader a non-exclusive, non-transferable and territorially unlimited licence to use the Book for the Reader’s own needs. The licence is granted without time limitation, unless the Author–Reader Contract is terminated in accordance with these Terms or legal regulations.

  6. The Reader is entitled to read the Book through the Platform and, where the Author permits download, to download it to their device. They are not entitled to further distribute, sell, rent, lend, publish, make available to third parties, commercially exploit, or reproduce the Book or part thereof beyond their own needs, or to modify it, unless such use is permitted by legal regulations or the Author expressly consents to it.

  7. By granting the licence, neither the Operator nor the Reader acquires ownership of the Book or any other rights beyond those expressly stated in this article. These rights remain with their existing holders and the Author may also use, make available and publish the Book in other ways, including through other platforms.

  8. The Reader acknowledges that for infringement of copyright or other rights protected by law they may be sanctioned under applicable legal regulations.

XIV. Defects of the Book

  1. The Author is liable for defects of the Book that it had when made available. In particular, the Author is liable to the Reader that the Book

    a. is fit for the purpose for which the Reader requires it and with which the Author has agreed

    b. corresponds to the agreed description, scope and quality and other agreed characteristics

    c. is digital content fit for the purpose for which digital content of that kind is usually used, also with regard to third-party rights, legal regulations, technical standards or codes of conduct of the given sector, failing technical standards, and corresponds to the usual characteristics of digital content of the same kind that the Reader may reasonably expect, also with regard to public statements made by the Author or another person in their contractual chain, in particular in advertising or labelling

    d. the digital content corresponds to the preview that the Author made available before conclusion of the Author–Reader Contract, and

    e. where the Author uploads the Book to the Platform already as a finished file, it corresponds to the agreed functionality, compatibility and interoperability. Where the Book is created directly within the Platform or the absence of these characteristics is caused by a technical defect of the Platform, the Operator is liable for the characteristics stated in this point.

Whether a defect is on the Author’s side or on the Operator’s side is decided exclusively by the Operator.

  1. If the Book has a defect, the Reader may demand its remedy, unless this is impossible or disproportionately costly; this is assessed in particular with regard to the significance of the defect and the value the Book would have without the defect.

  2. If liability for the defect lies with the Author, the Author shall remedy the defect within a reasonable time after it is notified so as not to cause the Reader considerable difficulty, taking into account the nature of the Book and the purpose for which the Reader required it.

  3. A Reader who is a consumer may demand from an Author who is an entrepreneur a reasonable discount from the price of a paid Book or withdraw from the contract if

    a. the Author has not remedied the defect or it is clear from the Author’s statement or from the circumstances that the defect will not be remedied within a reasonable time or without considerable difficulty for the Reader

    b. the defect reappears after remedy, or

    c. the defect is a material breach of the contract.

The Reader may not withdraw from the Author–Reader Contract if the defect of the Book is insignificant; a defect is presumed not to be insignificant.

  1. If the customer withdraws from the Author–Reader Contract, the Author may prevent further use of the Book, in particular by making it unavailable to them. If the Reader withdraws from the contract, they shall refrain from using the Book, including providing it to a third party.

  2. Rights arising from defective performance do not belong to the Reader if they themselves caused the defect. A defect is not subjective dissatisfaction with the Book (i.e. failure to meet a subjective expectation); in such a case rights arising from defective performance likewise do not belong to the Reader.

XV. Complaints

  1. The User must make a complaint about defects of the Book without undue delay after learning of the defect. If the User is a consumer, they may complain about the Book within 24 months of it being made available. If a defect manifests itself within 1 year of the Book being made available, it is presumed that the Book was defective already when made available. This period does not run for the time during which the Reader cannot use the Book, where the defect was notified justifiably.

  2. The Reader may make a complaint via the support chat, or via e-mail: books@lowenware.com.

  3. When asserting a complaint, the Reader is obliged to identify the defect, or describe how the defect manifests itself, when the Reader discovered it and in what manner they request the complaint to be handled.

  4. When a complaint is asserted, the Operator shall issue the Reader a confirmation stating the date on which the Reader asserted the complaint, its content, the manner of handling requested by the Reader and the Reader’s contact details for the purpose of providing information on the handling of the complaint.

  5. The Operator shall assess whether the defect is on the Operator’s or the Author’s side.

    a. If the defect is on the Platform Operator’s side, it shall handle the Reader’s complaint including remedying the defect and inform the Reader thereof within 30 days of the date the complaint was asserted through the User Account and by e-mail, unless a longer period is agreed with the Reader. The Operator is obliged to issue the Reader a confirmation of the date and manner of handling the complaint, including confirmation of the repair performed, the duration of the complaint procedure, or a written statement of reasons for rejection of the complaint, and to inform the Author concerned of these facts as well. After futile expiry of this period, the Reader is entitled to withdraw from the Author–Reader Contract and the Operator is obliged to pay the Reader an amount equal to the Book price paid by the Reader. The Reader shall send the withdrawal to the Operator at the Operator’s e-mail address in the heading of these Terms. The Book price will be paid to the Reader by the Operator within 14 days to the account from which they paid the Book price, unless otherwise agreed with the Operator and provided this entails no costs for the Reader.

    b. If the defect is not on the Operator’s side, it shall call on the Author to state their position. On the basis of assessment of the Author’s position, the Operator shall call on the Author to remedy the defect. The Author is obliged to remedy the defect within 30 days of delivery of the call from the Operator. After futile expiry of this period, the Reader is entitled to withdraw from the Author–Reader Contract. The Reader shall send the withdrawal to the Operator at the Operator’s e-mail address in the heading of these Terms. The Book price will be paid to the Reader by the Operator within 14 days to the account from which they paid the Book price, unless otherwise agreed with the Operator and provided this entails no costs for the Reader. In such a case, the Operator has the right to demand reimbursement from the Author and is entitled to deduct the relevant amount from the Author’s payout.

XVI. No Right of Withdrawal from the Author–Reader Contract within 14 Days

  1. A Reader who has concluded an Author–Reader Contract with an Author who uses the Platform outside the scope of their business activity has no right to withdraw from the contract within the meaning of Section 1829 of the Civil Code.

  2. A Reader who has concluded an Author–Reader Contract outside their business activity as a consumer with an Author who uses the Platform within their business activity (not as a consumer) has no right to withdraw from the contract within the meaning of Section 1829 of the Civil Code for the reason that the subject of the Author–Reader Contract is the supply of digital content which was not supplied by the Author on a tangible medium and was supplied with the Reader’s prior express consent after performance had begun.

  3. The Operator draws the attention of Readers who are consumers to the fact that the right to withdraw from the Author–Reader Contract within the meaning of Section 1829 of the Civil Code ceases if the Author begins performance with the consumer’s prior express consent before the expiry of the withdrawal period.

  4. Confirmation that the Reader expressly agrees to the commencement of performance before the expiry of the withdrawal period for the Author–Reader Contract, and information that by granting consent the consumer’s right to withdraw from the contract ceases, will be sent to the Reader in the confirmation of receipt of the order under Art. XI(4) of these Terms.

Liability

XVII. Liability of the Operator and Users

  1. All Users are liable for their activity on the Platform and for User Content that they insert, create, publish or otherwise make available through it. Users are liable in particular for ensuring that their conduct and User Content do not breach legal regulations or third-party rights.

  2. The Author is liable to the Reader for the proper making available of the Book, its content and fulfilment of further obligations under the Author–Reader Contract. The Operator is not a party to this contract and is not liable for breach of obligations by the Author or the Reader.

  3. The Operator is liable to Users for the provision of Platform services to the extent set by the Platform Contract, these Terms and legal regulations.

  4. If a User breaches an obligation under these Terms, they shall compensate the Operator for damage thereby caused under the conditions set by legal regulations.

Conclusion

XVIII. Final Provisions

  1. The parties may deliver all written correspondence to each other by electronic mail, including tax documents. The Operator delivers to the User at the e-mail address stated in their User Account, or in the Reader’s order; the User delivers to the Operator at the e-mail address stated in these Terms. Users may not contact each other directly, but only through the Operator.

  2. Detailed information on personal data protection is set out in the Personal Data Protection Principles.

  3. The Czech Trade Inspection Authority, Central Inspectorate — ADR Department, with its registered office at Gorazdova 1969/24, 120 00 Prague 2, Company ID: 000 20 869, website: https://adr.coi.cz/cs, is competent for out-of-court resolution of consumer disputes arising from the Platform Contract and the Author–Reader Contract. The seller is authorised to provide Platform services on the basis of a trade licence. Trade inspection is carried out within its competence by the relevant trade licensing office. The Czech Trade Inspection Authority also supervises, to a defined extent, compliance with Act No. 634/1992 Coll., on Consumer Protection.

  4. All arrangements between the Operator, the Author and the Reader are governed by the legal order of the Czech Republic. If the relationship established by the contract contains an international element, the parties agree that the relationship is governed by the law of the Czech Republic, regardless of conflict-of-law rules. This is without prejudice to consumer rights arising from generally binding legal regulations.

  5. All rights to the Platform, in particular copyright in the content, including page layout, photos, videos, graphics, trademarks, logos and other content and elements, belong to the Operator, except for rights belonging exclusively to the Author of the Book. It is prohibited to copy, modify or otherwise use the Operator’s Website and the Platform or any part thereof without the Operator’s consent.

  6. The Operator bears no liability for errors arising as a result of third-party interventions in the Website and the Platform or as a result of their use contrary to their purpose. When using the Website and the Platform, the User must not use procedures that could negatively affect their operation and must not carry out any activity that could enable them or third parties to unlawfully interfere with or unlawfully use the software or other components forming the Website and the Platform, and must not use the Website and the Platform or their parts or software in a manner contrary to their purpose.

  7. The Operator does not verify whether customer reviews stated on the Platform come from Users who have actually purchased the service/digital content or who actually use the Platform. The Operator declares that it has not written customer reviews itself nor asked a third party to write them.

  8. The Platform Contract, including the Terms, is archived in electronic form and is not accessible. An overview of Author–Reader Contracts is accessible in the User’s User Account.

  9. The User hereby assumes the risk of a change of circumstances within the meaning of Section 1765(2) of the Civil Code.

  10. The Operator may amend or supplement the wording of the Terms. This provision is without prejudice to rights and obligations arising during the period of effectiveness of the previous wording of the Terms.

These Terms take effect on 31.8.2026.