Terms of Service
Scope
The following Terms of Service (hereinafter “ToS”) apply to all orders placed via our online shop. These ToS 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
Contractual Partner, Formation of Contract
The purchase contract is concluded with Alexander Roth, neue Fonts. The display of products within the online shop constitutes a binding offer on our part to enter into a contract vis-à-vis the items. You may place our products in your basket without obligation and amend your entries at any time prior to submitting a 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 your 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.
We save the text of the contract and forward the order data and our ToS to you by e-mail. You may also view and download the ToS from this page at any time.
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 a non-exclusive right to use our fonts for your personal or business purposes. Any modification, adaption, translation, reverse engineering, decompiling, disassembling, altering, or the attempt to discover the source code of the Font Software is forbidden. Any copying beyond the scope of a back-up is not allowed. You are entitled to leave your acquired copy permanently to a third party, if you
- explicitly advise the third party of the scope of your right to use
- have handed over all relevant accompanying documentation, if applicable, to the third party and
- simultaneously have given up your own use of the products completely. You give up your own use completely, when you delete all copies on your devices and external data storage medium. On our demand you will confirm the total abandoning of all own uses in writing.
Payment
The following payment methods are available in our online shop.
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.
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 cancellation right.
Retention of title
The goods shall remain our property until full payment is made.
For businesses, the following additionally applies: We reserve ownership of the goods until complete settlement of all claims from our ongoing business relationship. You are permitted to sell on reserved goods in the ordinary business operation; you shall assign all claims arising from this onward sale — regardless of connecting or mixing of the reserved goods with a new item — in the amount of the invoice to us in advance, and we accept this assignment. You remain authorised to collect the claims; however, we are also permitted to collect ourselves, should you fail to fulfil your payment obligations.
Warranty and guarantees
We are under a legal duty to supply products that are in conformity with this contract. For consumers, statutory warranty rights governed by the law of the country where the consumer has his habitual residence apply.
For businesses, the limitation period for claims for defects is one year from transfer of risk; the statutory limitation periods for the recourse claim under Section 478 BGB [German Civil Code] remain unaffected. With respect to businesses, only our own information and the manufacturer’s product descriptions, which have been included in the contract, are regarded as the agreement regarding the quality of the goods; we assume no liability for public statements of the manufacturer or other advertising statements. If the delivered item is defective, we may initially choose, with respect to entrepreneurs, whether we will provide supplementary performance by rectifying the defect (repair) or by delivering a non-defective item (replacement delivery), at our discretion.
The aforementioned restrictions and shortened time limit do not apply to claims for damages, which have been caused by us, our legal representatives or legal agents
- for injury to life, limb or health
- for deliberate or grossly negligent breach of duty, as well as fraud
- for breach of material contractual obligations, the fulfilment of which make the proper execution of the contract possible at all and which the contracting parties may generally rely on and trust in being complied with
- within the context of a guarantee commitment, where agreed.
Information on any additional guarantees and their precise conditions that may apply can be found next to the product and on specific information pages in the shop, if applicable.
Complaints can be submitted by consumers and businesses:
- in writing to: Alexander Roth, Im Wellenbügel 14, 32108 Bad Salzuflen, Germany
- by email to the following address: hi@neuefoundry.com
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
- for injury to life, limb or health
- for deliberate or grossly negligent breach of duty
- for guarantee commitments, where agreed
- towards consumer.
Except these cases, our civil law liability is limited to the foreseeable and direct damages at the time of contract conclusion.
Online dispute resolution
The European Commission provides a platform for out-of-court online dispute resolution (OS platform), which can be accessed via this link. You can find our e-mail address in our legal notice. We participate in the dispute resolution procedure. A list with the contact details of the recognised dispute resolution bodies can be found here.
Final provisions
If you are a business, German law applies, to the exclusion of the UN Sales Convention. If you are a “Kaufmann” within the meaning of the German Commercial Code (HGB), public-law legal entity or special public-law fund, the exclusive legal jurisdiction for all disputes from contractual relationships between us and you is our registered office.
Version 1.0
October 2022