Terms of Service and Return Policy
A. General Terms and Conditions
§ 1 Applicability, customer information
The following terms and conditions are valid for the contractual relationship between Gabriel Richter, übertype, Heinrich-Könn-Straße 69, 40625 Düsseldorf – as website operator of “ubertype.de”, hereinafter referred to as “übertype” – and customers using the services of the website. Contractual language is English for all customers outside Germany, Austria or Switzerland.
§ 2 Subject of the contract / right of use
- übertype sells fonts in the form of downloads in combination with a granting of rights; if the following refers to the sale of “goods” or ”products”, this refers to the fonts.
- The scope of the font packages sold results from the article description.
- The use of the sold fonts is only possible if you can process the font format PostScript flavoured OpenType-Font (.otf), TrueType flavoured OpenType-Font (.ttf), WOFF (.woff) or WOFF2 (.woff2) with a respective program. übertype is in no way responsible regarding the program that needs to be used or with regard to your possession of such a program at the time of your purchase.
- The font is provided under the licence described below under B. or
provided and to be accepted during the checkout process, which form an
integral part of these GTC
§ 3 Conclusion of contract
- The offering of products displayed on the website state the non-binding invitation to you to order goods.
- You can add one or more products to the shopping cart. You can enter your data regarding payment method, billing address etc. during the checkout or during the prior registration. Only by clicking on the order button, you make a binding offer for the conclusion of a contract.
- With the confirmation of receipt sent immediately by e-mail, the
acceptance of your offer is also declared, and the contract is concluded at the same time.
§ 4 Registration
- Registration and thus buying products from our website is only permissible for person that are “sui juris”, i.e. in an age that allows contracting due to their national laws, as well as for legal entities.
- When registering, true, exact, up-to-date and complete data has to be provided for the required information. In case of erroneous or unreliable data, we reserve the right to refuse the conclusion of the contract, to withdraw a contract or to make your purchase dependent on the provision of further data.
§ 5 Customer information: storage of your order data
Your order with details of the contract concluded (e.g. type of product, price etc.) will be stored by us. However, you can access these at any time via our website. If you would like to save the product description on our shop page for own purposes, you can take a screenshot (= a photography of your screen) or alternatively print the entire page at the time of ordering.
§ 6 Customer information: Data correction notes
You may correct your data at any time before placing your order by pressing the delete button. On the way through checkout, we will inform you about further correction possibilities. You may also completely exit from checkout at any time by closing the browser window.
§ 7 Prices, payment, due dates and delay
- All prices are in Euro (€) including VAT / sales tax. There are no shipping or packing costs, as the provision is exclusively digital. The prices on the date of your order are applicable.
- The purchase price is due with conclusion of the contract.
- Payments may be made via the payment services named in the article descriptions or on our website. Other payment services are not supported. For payments via PayPal or other third party payment services, please also refer to the Terms and Conditions of the respective service.
- If you choose cash in advance as your method of payment, we will list our bank-details in the order-confirmation and will deliver the goods upon reception of payment. The amount due has to be paid to our account within 7 days after conclusion of the contract. If the amount is not received by this period, we are entitled to withdraw from the contract. In case of cash in advance, we grant a discount to the extent mentioned on the website.
- In case of delayed payment, we are entitled to claim annual interest of 5 percent above the respective statutory base rate in Germany. For legal transactions a consumer is not involved in, we reserve the right to charge interest of 9 percent above the base rate on delayed amounts. We reserve the right to proof and claim higher damage for delay within the legal regulations.
- You are only entitled to offset if your counter claims are legally proven by court, indisputable or accepted by us in writing.
- A right of retention can only be executed insofar as the claims result from the same contractual relationship.
- For non-redeemable or because of objection (not because of the exercise of the legal right of withdrawal) returned payment amounts we charge you 3% of the invoice amount, but at least €5,– as compensation for fees and expenses. A claim for damages to the amount of the returned payment costs is reserved.
- For reasons to safeguard the credit risk, we reserve the right to only accept certain payment methods for your orders depending on the respective creditworthiness.
§ 8 Reservation of proprietary rights
Until we have received the complete amount for the object of purchase, we reserve any proprietary rights for it. Therefore, no rights of use are transferred to the buyer before receipt of the payment.
§ 9 Delivery / Provision
- The delivery of the fonts will be effected purely digital by sending a download link to the e-mail address you provided in the ordering process. You will be downloading a zip-file.
- Please save the file locally. The file can be downloaded from your account at any time. After the expiration of 3 years from the end of the year of purchase, we will delete the file from the account.
§ 10 Legal warranty rights
- The legal regulations for warranty apply for our goods.
- If a file does not work or is damaged, please contact übertype for a solution. If the provision of a defect-free file is not possible, the provider can cancel the purchase and refund the purchase price. In this case, no rights of use are transferred to the customer.
§ 11 Right of withdrawal
Consumers have a legal right of withdrawal.
Consumers have a legal right of withdrawal according to the following provisions. A consumer is every person that executes a legal transaction with a purpose that cannot be attributed to his/her commercial nor self-employed professional occupation.
Information concerning the exercise of the right of withdrawal
Right of withdrawal
- You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period will expire after fourteen days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods, respectively in the case of a service from the day of the conclusion of the contract.
- To exercise the right of withdrawal, you must inform us
of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
- Withdrawal form
I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*),
— Ordered on (*)/
received on (*) –
Name of consumer(s),
Address of consumer(s),
– Signature of consumer(s) (only if this form is notified on paper),
(*) strike out if inappropriate
- Effects of withdrawal
If you withdraw from the contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over to us without undue delay and in any event not later than fourteen days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of fourteen days has expired. You will have to bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from a usage other than what is necessary to establish the nature, characteristics and functioning of the goods.
End of information about rights of withdrawal
Information on the exclusion of the right of withdrawal:
The right of withdrawal expires in the case of a contract for the provision of digital content not on a physical medium even if the entrepreneur has started to execute the contract, after the consumer
- has expressly given the consent that the entrepreneur begins to execute the contract before the expiry of the withdrawal period, and
- has confirmed his knowledge that he loses his right of withdrawal by agreeing with the start of the execution of the contract.
§ 12 Costs of return when executing right of withdrawal
In case of a withdrawal you will have to bear the shipment costs in connection with the returning of the goods.
§ 13 Liability Limitation
- We exclude our liability for slightly negligent breaches of duty, provided these are not contractual obligations, damages resulting from injury to life, body or health, guarantees or claims under the Product Liability Act are affected. The same exclusion applies to breaches of duty by our vicarious agents and legal representatives.
- The liability is limited to typical contractual damages (the licence fee, if any, for the period of non-possible use). Liability for consequential damages is excluded.
§ 14 Data policy
§ 15 ODR Platform / Dispute resolution procedures
The European Commission provides a platform for out-of-court dispute resolution. Consumers are therefore given the opportunity to settle disputes regarding their online ordering, initially out of court. You can find the ODR Plattform here: http://ec.europa.eu/consumers/odr/
We are, however, neither willing nor obliged to participate in a dispute resolution procedure of a(nother) consumer dispute resolution body.
§ 16 Applicable law, Court of jurisdiction
- German law applies with the exception of the UN Sales Convention.
- The exclusive court of jurisdiction for contracts with business people, legal entities under public law or special funds under public law is the court having jurisdiction for the registered office of übertype.
§ 17 Severability clause
In case one of the regulations of this present terms and conditions shall be ineffective, the contract remains in effect for the rest. The ineffective provision shall be replaced by a substitute provision that most closely relates to the purpose intended by the invalid provision.
B. Licence Conditions
All fonts are protected under copyright or intellectual property law. The font only can be used on the basis of a licence. The licence is granted by the provider, possibly in sublicence, to the following regulated extent.
§ 1 Granting
- The licence is granted upon payment of the full purchase price.
- The font is provided in the format specified in the article description on the website. The use of the font requires that you can process the filetype PostScript flavoured OpenType-Font (.otf), TrueType flavoured OpenType-Font (.ttf), WOFF (.woff) or WOFF2 (.woff2) that the font is delivered in. übertype takes no responsibility or liability that you are in possession of such a programm.
§ 2 Right of use
- The licence is granted unlimited in time and place.
- The licence granted is a non-exclusive licence to use the fonts in the scope outlined in the following. The fonts may be used for own commercial purposes, i. e. for use in a company or a corporation. This includes the use in printed documents and business communication. A use of the fonts for personal purposes is of course allowed.
- It is not allowed to use the fonts in apps, games or other software, if the use requires the distribution of the font-files within the data / files of the software so that external users could possibly copy or gain access of the fonts / files. The export of the files is only permitted in connection with print data to the respective print shop or in PDF-documents.
- The licence may be used by 1 – 4 further users, for additional users the licence has to be extended by request to übertype, while übertype is entitled to determine the licence fee.
- It is allowed to create a single backup copy of the font.
- A transfer of the licence to another company (for example, when changing the corporate form) and the licencing of the font to customers is possible, but requires the consent of übertype, as far as the aforementioned number of permitted users is exceeded.
- A resale of the licence or of the font itself by any means is excluded.
- The Web use is only permitted in the form of the provided file formats WOFF (.woff) or WOFF2 (.woff2). The supplied PostScript flavoured OpenType-Font (.otf) and TrueType flavoured OpenType-Font (.ttf), must not be stored on a server connected to the internet.
- The licensee is obliged to take appropriate measures to ensure the limitations of the right of use.
- When using the fonts, an appropriate copyright notice is required, for example in the imprint of your website, as follows: “© übertype Gabriel Richter”.
- Any infringement of the terms of this licence agreement will lapse any right to use the font.
§ 3 Forbidden modifications
- A modification of the font is not allowed. You may not commission a third party to modify the fonts. This refers to a change in the design and code of the font in connection with using the font under the specific name.
- Changes for printed works, cover designs or similar, or in digital files (e.g. in JPEG-files (.jpg)), i. e. in a purely creative sense without affecting the font-file itself, are possible. A vectorization or rasterization in vector- or pixel-based editing programs with modification of the typeface is therefore allowed, this means in plain creative sense without affecting the font file itself.
- If changes to the entire typeface or font are desired, please contact übertype.
- It is not allowed to use the fonts for the own generation of font formats, i.e. PostScript flavoured OpenType-Font (.otf), TrueType flavoured OpenType-Font (.ttf), EOT (.eot), WOFF (.woff), WOFF2 (.woff2), or other font-formats existing or made available in the future. If you need another file format, please contact übertype.
§ 4 Legal consequences of infringements
If the licensee infringes the aforementioned regulations, übertype may, notwithstanding further rights, demand a surcharge of 100% for unauthorised use in addition to an appropriate licence.