Terms & Conditions
1. Scope
The following Terms and Conditions (Terms) apply to all orders placed via our online shop. These Terms also apply to businesses for future commercial relations without the need for any formal expression thereof. Unless expressly approved by us to the contrary, we cannot accept the contractual validity of any conflicting or complementary general terms and conditions used by any business.
2. Contractual partner, formation of contract, options for corrections
The contract is concluded with Julien Fincker. By placing the products in the online shop, we make a binding offer on our part to enter into a contract regarding those items. You may place our products in the shopping basket without obligation and amend your entries at any time prior to submitting your binding order by using the correction facilities that are provided for this purpose and explained during the ordering process. The contract is formed by clicking on the order button which indicates your acceptance of our offer concerning the goods contained in the shopping basket. Once you have sent your order you will immediately receive a confirmation via e-mail. The languages available for concluding the contract is English or German. Performance descriptions in addition to the offered products do not have the character of an assurance or guarantee. The Seller reserves the right to make errors on the website.
3. Subject of the contract and rights of use
Subject of the contract is the acquisition of digital content (fonts). Scope of service is restricted to cession of a copy of the product by means of a download. Possibly required installation of the product on your device is not covered by our scope of service. Our products are protected by copyright. We grant you the non-exclusive and timely restricted right to use for your own purposes as it is within the normal use. In particular, change, editing as well as reproduction in public are forbidden. Any copying that is not covered by normal use is not allowed.
4. Prices
All prices, which are indicated on the website of the Seller, are in Euro and exclude the respective valid legal value-added-tax.
5. Payment Process
The Customer can choose from the available payment methods within and before the completion of the order process. If third-party providers, such as Stripe, are commissioned with the payment processing, their General Terms and Conditions of Business shall apply accordingly.
Stripe: After submitting the order, you will be forwarded to Stripe’s online website. To pay the invoice amount via Stripe, you must be registered there or register first, identify yourself with your access data and confirm the payment instructions to us. You will receive additional information during the ordering process. Directly afterwards, the payment transaction is carried out automatically by Stripe.
If the due time for payment of the purchase price is determined according to the calendar, the Customer is already in dereliction by missing this date and must pay the corresponding legal default charges. The Seller reserves the right to claim further damages caused by delay in addition to the default charges.
6. Right to cancel
Consumers are entitled to the statutory right to cancel, as described in the instructions on the right to cancel. Businesses are not granted any voluntary right to cancel.
7. Retention of title
The goods shall remain our property until full payment is made. For businesses, the following applies additionally: We reserve ownership of the goods until complete settlement of all claims arising from a current business relationship. You may resell reserved goods in ordinary business operations; you shall assign any claims arising from this resale – irrespective of connecting or mixing of the reserved goods with a new item - in the amount of the invoice amount to us in advance, and we accept this assignment. You remain authorised to collect the claims; however, we may likewise collect the claims ourselves, should you fail to fulfil your payment obligations. We shall release the securities to which we are entitled at your request to the extent that the realisable value of the securities exceeds the value of the open claims by more than 10%.
8. Warranty and guarantees
8.1
We are under a legal duty to supply products that are in conformity with this contract. Unless expressly agreed otherwise below, the statutory guarantee provisions (liability for defects) shall apply. With respect to consumers, the staturory guarantee provisions of the country of their respective habitual residence shall apply. The following limitations and reductions of time periods with respect to businesses/merchants shall not apply to claims based on damage caused by us, our legal representatives or vicarious agents
in the event of injury to life, limb or health
2 in case of intentional or grossly negligent breach of duty as well as fraudulent intent
3 in the event of a breach of essential contractual obligations, the fulfilment of which is a prerequisite for the proper performance of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations)
4 within the scope of a voluntary guarantee, if agreed, or
5 within the scope of application of the Product Liability Act (Produkthaftungsgesetz).
Restrictions in relation to businesses In relation to businesses, only our own specifications and the manufacturer's product descriptions included in the contract shall be deemed to be an agreement on the quality of the goods; we shall not accept any liability for public statements made by the manufacturer or other advertising statements. For businesses, the limitation period for claims for defects in newly manufactured goods is one year from the transfer of risk. The sale of used goods is subject to the exclusion of any warranty. The statutory limitation periods for the right of recourse according to § 445a BGB (German Civil Code) remain unaffected.
Provisions for merchants ("Kaufleute" in accordance with HGB - German Commercial Code) Among merchants ("Kaufleute"), the obligation to examine and give notice of defects regulated in § 377 HGB (German Commercial Code) shall apply. If you fail to give notice as regulated therein, the goods shall be deemed to have been approved, unless the defect was not recognisable during the inspection. This does not apply if we have fraudulently concealed a defect.
Voluntary guarantees and customer service Information on any additional voluntary guarantees that may apply and their exact conditions can be found with the product and on special information pages in the online shop.
Complaints and return of goods Complaints can be submitted by consumers and businesses to our contact details given in the supplier identification. When you exercise your warranty rights and we deem it necessary to receive the goods back in order to examine your complaint, you must send back the goods at our cost to the address provided for this purpose. We are committed to respond to any complaint immediately, but no later than within 14 days of its submission.
8.2 Guarantees and customer service
The Seller does not provide a guarantee. Complaints can be submitted by consumers and businesses: • in writing to: Julien Fincker, Hegelstrasse 31, 71254 Ditzingen • by e-mail to the following address: contact@fontcuisine.com
9. Liability
We shall in any case be liable without limitation for claims due to damages that have been caused by us, our legal representatives or legal agents
1 for injury to life, limb or health
2 for deliberate or grossly negligent breach of duty
3 for guarantee commitments, where agreed
4 towards consumer. Except these cases, our civil law liability is limited to the foreseeable and direct damages at the time of contract conclusion.
Except these cases, our civil law liability is limited to the foreseeable and direct damages at the time of contract conclusion.
10. Right of withdrawal
The Customer has the right to revoke the contract concluded with the Seller within fourteen days without giving reasons. The revocation period is fourteen days from the day on which the Customer or a third party named by him has taken possession of the goods.In order to exercise the right of revocation, the Customer must inform the Seller of his decision to revoke the contract by means of a clear statement (e.g. a letter, fax or e-mail or by post). In order to comply with the revocation period, it is sufficient for the Customer to send the notification of the exercise of the right of revocation before the end of the revocation period.
Consequences of the revocation
If the Customer revokes the contract with the Seller, the Seller shall reimburse the Customer for all payments received from the Customer without delay and at the latest within fourteen days from the day on which the Seller received notification of the revocation of this contract. For this repayment, the Seller shall use the same payment method as the Customer used for the original transaction, unless expressly agreed otherwise with the Customer; in no event shall the Customer be charged for this repayment. The Customer is no longer entitled to use the products purchased from the Seller after declaration of revocation. The purchased software must be deleted from its devices.
11. Online dispute resolution
The Seller is neither willing nor obliged to participate in a dispute settlement procedure before a consumer arbitration board. The European Commission provides a platform for online dispute resolutions (ODR) which can be accessed at https://ec.europa.eu/consumers/odr/.
12. Place of jurisdiction and applicable law
The contractual relationship between the Seller and the Customer shall be governed by the laws of the Federal Republic of Germany. Excluded from this choice of law are the mandatory consumer protection regulations of the country in which the Customer has his habitual residence. The application of the UN Sales Convention is excluded. The place of jurisdiction for all disputes arising from the contractual relationship between the Customer and the Seller is the Seller's registered office, if the Customer is a merchant, a legal entity under public law or a special fund under public law.
13. Severability Clause
Should any provision of these General Terms and Conditions be or become invalid, the validity of the remaining provisions shall not be affected.