Terms and Conditions
Orders in the online shop
(1) These terms and conditions apply to all contracts and other services from Philip Lammert, Vibrant Types, Krausestraße 37, 22049 Hamburg, Germany (hereinafter “licensor”), towards consumers or entrepreneurs (hereinafter “licensees”) regarding the sale of digital content via the online shop www.vibrant-types.com. Deviating provisions of the licensees do not apply, unless the licensor has expressly confirmed this in writing.
(2) For entrepreneurs, the law of the Federal Republic of Germany applies to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods.
(3) The place of jurisdiction is Hamburg, insofar as the licensees are merchants, legal persons under public law, or a special funds under public law. The same applies to licensees who have no general place of jurisdiction in Germany or whose legal residence or usual place of residence is not known at the time the lawsuit is filed.
(4) Agreements made with the licensees in individual cases (including collateral agreements, additions and changes) always take precedence over these terms and conditions.
(5) The contract language is German or English.
(6) The licensees can display and print the order overview and these terms and conditions in their account in the online shop. In addition, the text of the contract is not saved by the licensor in the online shop after the contract is concluded and is therefore not accessible.
(7) Licensees who are consumers have the option of using an alternative dispute resolution. The following link from the EU Commission (also called ODR platform) contains information about online dispute resolution and serves as a central point of contact for out-of-court settlement of disputes arising from online sales contracts: http://ec.europa.eu/consumers/odr.
(8) Duty to provide information in accordance with the Consumer Dispute Settlement Act (Section 36 VSBG): The licensor is neither willing nor obliged to participate in further dispute settlement proceedings before a consumer arbitration board.
2. Contract contents and contract conclusion
(1) In its online shop www.vibrant-types.com, the licensor offers typefaces as fonts (not on a physical medium, hereinafter “digital content”) for purchase.
(2) When shopping in the online shop, a purchase contract is concluded when the licensor accepts the order from the licensees. Price labelings in the online shop do not represent an offer in the legal sense. Before placing the order by clicking the “Commit to Buy” button, the licensees can correct all entries on an ongoing basis using the editing functions provided and explained in the order process. Before submitting the order, the licensees can determine whether the licensor should begin executing a contract for digital content before the cancellation period has expired. In addition, all entries before the binding submission of the order are displayed again in a confirmation window and can also be corrected there using the editing functions provided and explained in the order process. The receipt and acceptance of the order will be confirmed to the licensees by email.
(3) With the notification of the conclusion of the contract, the licensees receive the text of the contract, these terms and conditions, the cancellation policy and the license agreement.
(4) The digital content is protected by copyright. The licensees do not acquire ownership of the digital content. The licensees are only granted limited rights to use the digital content in accordance with the license agreement as a legally effective part of the contract.
(1) To purchase digital content, licensees must register for free in the online shop and open an account. When registering, the licensees provide their first and last name, their e-mail address and their place of residence. The licensees also provide a login name and a password. Communication between the licensor and the licensees takes place via the given email address. After completing the registration process, licensees will receive an activation link by email. The licensees must click this link to successfully open the account and confirm their details (double opt-in). A registration that the licensees do not confirm within one week by clicking on the activation link can be deleted by the licensor.
(2) The data requested by the licensor during registration must be complete and correct. Licensees must keep their login data secret. If the data changes subsequently, the licensees are obliged to correct the information immediately.
4. Prices, sales tax and payment
(1) The licensees compensate the licensor for the granting of rights of use to the digital content with a lump-sum license fee in the amount of the respective article description.
(2) All prices include the applicable statutory sales tax – unless stated otherwise.
(3) The digital content is generally provided after the licensees have paid in advance. The payment of the invoice amount is made using the means PayPal, PayPal PLUS (credit card, direct debit) or bank transfer.
PayPal: To be able to pay the invoice amount, the order process is forwarded to the PayPal website. The licensees must be registered there or first register in order to then identify themselves with their login data. After providing their payment details, they can confirm the use of their data by PayPal and the payment order to PayPal. The payment transaction is initiated immediately after placing the order in the online shop by requesting PayPal and carried out by PayPal. Further information is displayed in the ordering process.
Credit card via PayPal PLUS: To be able to pay the invoice amount, the order process is forwarded to the PayPal website. The licensees do not have to be registered there. The payment transaction is carried out immediately after confirmation of the payment order and the legitimation of the licensees as legitimate cardholders by request of PayPal from their credit card company and their credit card will be charged. Further information is displayed in the ordering process.
Direct debit via PayPal PLUS: To be able to pay the invoice amount, the order process is forwarded to the PayPal website. The licensees do not have to be registered there. The licensees give PayPal a direct debit mandate with confirmation of the payment order. PayPal informs the licensees about the date of the account debit (so-called prenotification). The payment transaction is carried out immediately after confirmation of the payment order and the submission of the direct debit mandate by request from PayPal to its bank and their account will be debited. Further information is displayed in the ordering process.
Bank transfer: In order to be able to pay the invoice amount, the licensor gives the licensees his bank details in a separate email. Payment is due no later than 14 calendar days after the conclusion of the contract. If licensees are in arrears with their payment obligations, the licensor can demand compensation in accordance with the statutory provisions and/or cancel the contract. The products will be transferred after receipt of payment.
(4) The licensor always issues the licensees an invoice which is sent to them in text form.
5. Provision of digital content
(1) After receipt of payment, digital content will only be transferred to the licensees in electronic form. The licensees will receive a link via email from which the licensees can download the digital content they have purchased. The licensees have to log into their account in order to download the digital content they have purchased. The licensor points out that a connection to the internet must be established each time the digital content is retrieved.
(2) The download process of the digital content requires confirmation of the license agreement.
(3) The digital content is available for the duration of the licensees’s account.
(4) The licensor can restrict access to its own services if the security of the network operation, the maintenance of the network integrity, in particular the avoidance of serious disruptions to the network, the software or stored data require this. In the event of services failing due to a fault outside the area of responsibility of the licensor, the reduction is excluded. The same applies to the failure of services due to necessary business interruptions (maintenance work).
(5) In the event of unauthorized, improper use of the online service of the licensor or in the event of a violation of these terms and conditions or the license agreement, the licensor has the right in particular to temporarily or permanently block the access of the licensee. The licensor reserves the right to take legal action in any case.
(6) After the complete execution of the contract, the licensor can provide updates, revisions, improvements and expansions (new versions, hereinafter “updates”) to the digital content. The licensor offers the updates as a voluntary service. The licensor is in no way liable to the licensees for these updates. Downloading updates may require acceptance of a new license agreement. The version of the digital content purchased with the execution of the contract remains available to the licensees.
6. Right of cancellation
Consumers are entitled to the statutory right of cancellation in accordance with the cancellation policy, whereby consumers are all natural persons who, when concluding a legal transaction, act for purposes that can largely not be attributed to their commercial or independent professional activity. Entrepreneurs are not granted a voluntary right to cancel the purchase contract, whereby entrepreneurs are all natural or legal persons or legal partnerships who, when concluding a legal transaction, act in the exercise of their commercial or independent professional activity.
7. Liability for defects as to quality and title
The licensor is liable for defects as to quality and title in accordance with the statutory provisions. The licensor is not liable for damage that has not occurred to the product itself or for other financial loss. Incorrect provisions and obvious defects must be reported in writing by the licensees within 90 days of the passing of risk. For entrepreneurs, the limitation period for claims for defects is one year from the passing of risk. For entrepreneurs, only the information and the article descriptions of the licensor that were included in the contract apply as an agreement on the nature of the product; the licensor assumes no liability for public statements by the licensor or other advertising statements. The licensor reserves the right to provide a replacement, even for repeated times. If the replacement provision fails, the licensees may reduce the purchase price or cancel the contract. In addition, the licensor is liable for defects as to quality and title in accordance with the statutory provisions.
8. Disclaimer of liability
(1) Outside of liability for defects as to quality and title, the licensor is liable without limitation if the cause of the damage is based on intent or gross negligence. He is also liable for the simply negligent violation of essential duties (duties whose violation endangers the fulfillment of the purpose of the contract) as well as for the violation of cardinal duties (duties whose fulfillment enables the proper execution of the contract in the first place and upon whose adherence the licensees routinely rely), but only for the foreseeable, contract-typical damage. The licensor is not liable for the simply negligent violation of duties other than the above.
(2) The limitations of liability of the previous paragraph do not apply to injury to life, body and health, for a defect after accepting a warranty for the nature of the product and for maliciously concealed defects. Liability under the Product Liability Act remains unaffected.
9. Data protection
The licensor collects, processes and uses personal data in accordance with the statutory provisions and his data protection declaration.
If any provision of these terms and conditions is invalid, the remaining provisions remain unaffected.