General Terms and Conditions of supertype GbR
(1) Our offer is only available to business users.
For the duration of these General Terms and Conditions, “customer” therefore only refers to a person who is acting as part of their self-employed or commercial occupational activities, and uses the goods for these purposes.
(2) Our General Terms and Conditions apply to all contracts between us and the customer. They also apply in cases where the customer uses terms and conditions which conflict with, or deviate from our own General Terms and Conditions. Terms and conditions which conflict with or deviate from our own are only valid after they have been approved by us in writing.
(3) Our General Terms and Conditions also apply in the event that we have unconditionally carried out a customer‘s order despite having prior knowledge of the customer‘s conflicting or differing terms and conditions.
2 Conclusion of the contract
A contract between us and the customer is established on acceptance of the customer‘s order. This happens in principle once we have provided the font software for download and it has been downloaded by the customer. The font software will be provided for download after the customer has given us their personal information and informed us of their desired payment method. This information must be provided as part of the contract. Similarly the customer must also agree to the End User Licence Agreement. It is not necessary for us to inform the customer that their order has been accepted, as when we make the font software available for download this is itself a declaration of acceptance.
(1) Unless otherwise specified, all prices are net prices. To calculate the gross price it may be necessary to add statutory VAT and shipping costs. The prices valid at the time of the conclusion of the contract apply. Customers may pay using PayPal or by Visa credit card. Any additional bank transfer charges incurred due to international wire transfers must be paid by the customer.
(2) Any use over and above that agreed in accordance with the End User Licence Agreement is only permitted upon payment of an additional fee which is dependent on the extent of the intended additional usage.
(3) All fees are due immediately.
4 Cancellation policy
We reserve the right to withdraw from the contract in the event that we are either not legally authorized, or unable to distribute the downloadable font software. In such a case we will refund all payments which have been made by the customer.
5 Rights of use
(1) Upon downloading the font software from our website, a non-exclusive, nontransferable licence is transferred to the customer. This enables the customer to use the downloaded font software in accordance with the End User Licence Agreement, which the customer has accepted by either agreeing to the End User Licence Agreement and/or downloading and/or installing the font software.
(2) The non-exclusive licence is not transferred to the customer until he/she has paid the agreed fee in full.
(3) The industrial property and trade mark rights associated with the design of the font and the technical programming of the font software remain with the rights holder(s) and are not affected by the customer downloading the font software.
(4) Our written permission must be sought for the use and/or application of the font software in ways which are not expressly permitted by the End User Licence Agreement. In particular, our permission must be obtained to distribute, alter, edit, resell, lease, decompile, issue sublicences, or distribute copies of the font software on physical storage media.
(1) A limited one year warranty is provided and begins with the date the font software is downloaded and/or installed.
(2) All claims, irrespective of their nature, are to be made in writing to us within 14 days of downloading and/or installing the font software. Claims which were not discovered during this period, despite careful inspection, are to be made to us in writing immediately after they have been detected. The same applies to defects which arise within the warranty period. After expiration of the warranty, the product is deemed free of defects.
(3) If the claim is covered by the warranty agreement we can, at our discretion, repair or provide a replacement.
(4) If we provide a replacement under the terms of the warranty, the customer is obliged to delete the defective font software from all computers on which it was installed. The customer is also obliged to destroy all back-up copies of the software, in particular copies on physical storage media. We may request evidence, supported by appropriate documentation, that the font software has been deleted or destroyed. Use of the defective software is no longer permitted in this case.
(1) We only bear liability for intent or gross negligence on our own part, regardless of legal reason. For ordinary negligence, our liability covers reimbursement and compensation in the case of material breach of contract and this is limited to direct and foreseeable damages. We bear no liability for indirect damages, consequential damages or loss of earnings. In the case of death, or injury to body or health, statutory liability provisions shall apply.
(2) Except in the case of intent or gross negligence, we bear no liability for the permissibility of the use of the software with regard to competition, trademarks, copyright and/or any other industrial property rights.
(3) The customer shall hold harmless and indemnify us against any claims filed by a third party against us due to conduct for which the customer is responsible or liable.
8 Final provisions
(1) The place of performance is our registered office.
(2) The laws of the Federal Republic of Germany shall apply. The UN Convention on Contracts for the International Sale of Goods shall not apply.
(3) If the customer is a registered trader, the place of jurisdiction for disputes arising from contracts between us and the customer is our registered office. We reserve the right to take legal action in any other place of jurisdiction.
(4) Should individual provisions of these Terms and Conditions or parts thereof be invalid, this shall not affect the validity of the remaining provisions. An invalid provision of these Terms and Conditions shall be replaced by a valid provision that represents the closest approximation of the commercial purpose of the invalid provision.
Updated: August 2017