General
These Terms and Conditions are published by Type Tailors BVBA, registered at B-2018 Antwerp, Mechelsesteenweg 25 and with company registration number 0894.904.974, doing business under commercial name Type By, (hereafter referred to as ‘Type Tailors’), and with e-mail address hello@typeby.com.
These Terms and Conditions apply to the use of the Web Shop, to the agreements concluded via the Web Shop and the ‘Font Software’ provided by Type Tailors and made available or to be made available to Customers.
For the purpose of these Terms and Conditions the following terms shall be understood to mean:
- ‘Customer’ means a user of the Web Shop and/or a user of the Font Software;
- ‘Font Software’ means the coded and encrypted software that generates typeface designs when used with the appropriate hardware and software and that is provided by Type Tailors and made available or to be made available to Customers;
- ‘Intellectual Property Rights’ means all the registered and unregistered intellectual property rights anywhere in the world, including, though not limited to, copyright, related rights, trade mark rights, design rights, patent rights and rights in unpatented know-how;
- Web Shop means the online shop hosted at www.typeby.com;
All conflicting terms and/or any of the Customer’s own conditions concerning the use of the Font Software are expressly excluded.
Type Tailors will not archive these Terms and Conditions. The Customer is recommended to keep a copy of these Terms and Conditions.
Offer and contract conclusion
The Web Shop is intended for businesses and professionals only. Consumers may make use of this Web Shop under the understanding and acceptance of the professional nature of this Web Shop. Offers on the Web Shop are provisional and non-binding. In order to become effective, all orders regarding the supply of the Font Software must be accepted by Type Tailors either via an electronic or written confirmation.
Any order placed via the Web Shop can be subject to change without any notice up until the moment that the order has been confirmed by Type Tailors.
Type Tailors has the right to correct errors in it offers, invoices and communications at any time up until the moment that the order has been confirmed by Type Tailors.
Right of use
Upon obtaining a Font Software license, Type Tailors grants the Customer a non-exclusive right to use the Font Software in accordance with the provisions and restrictions as set forth in the Font Software End User License Agreement/s.
Prices
All prices are given in euro and at check-out include VAT in Belgium, if applicable. Type Tailors has the right to amend prices and specifications without notice.
Type Tailors is not bound by price indications on the Web Shop of which the Customer must reasonably or apparently understand that they are incorrect and which, for example, have occurred due to technical problems in the Web Shop.
Exchanges and returns
All sales of Font Software are final. Once purchased, the Font Software may not be returned, exchanged, or refunded.
In the unlikely event of malfunctioning Font Software, Type Tailors must be notified within 7 days of order providing the purchase receipt, the detailed technical evidence of malfunctioning Font Software, and the Font Software itself in order to verify your claim. If, after a technical audit of the allegedly malfunctioning Font Software the Customer's claim is confirmed by Type Tailors, the Customer will be provided with replacement Font Software.
Any issues and questions related to a processed order must be addressed to Type Tailors at e-mail address sales@typeby.com.
Warranties
The Font Software is provided “as is”. The Customer uses the Font Software at his own risk. Type Tailors does not grant or accept any explicit or implicit, legal, regulatory or other warranties with regard to the Font Software, in terms of condition, quality, performance, merchantability or its suitability for a particular purpose. All these warranties are excluded, except in cases where their exclusion is prohibited by law.
Liability
Type Tailors is under no circumstances liable for any damages arising from the Customer’s use of the Font Software.
As far as is allowed under applicable law, Type Tailors is not liable for any indirect or consequential damage, including but not limited to, loss of profits or revenues, lost savings, lost customers, or damage as a consequence of lost electronic data and information, irrespective of the legal grounds (contractual or extra-contractual) and even in case of serious fault.
Type Tailors is not liable for unauthorized, modified, improperly regenerated, adapted, translated and/or derivative software.
As far as is allowed under applicable law, and notwithstanding articles 6.1, 6.2 and 6.3, Type Tailors’ total liability towards the Customer is limited in every case to the price paid by the Customer to obtain the Font Software license, irrespective of the legal ground (contractual or extra-contractual) and even in case of serious fault.
The Customer will safeguard Type Tailors against, and compensate for, all damages or potential claims or entitlements of third parties arising from the Customer’s non-compliance with the obligations laid out in these Terms and Conditions.
If the Customer violates any of its obligations laid out in these Terms and Conditions, Type Tailors shall be entitled to reimbursement of all its costs and expenses incurred to investigate the violation and enforce its rights, including the costs of investigation, settlement, expert witnesses and reasonable attorneys’ fees, together with all additional costs incurred in the enforcing or collecting any judgment rendered. The reimbursement of such costs shall be in addition to the damages, remedies and award of costs that may be obtained by judgment under the applicable law.
Termination
Type Tailors has the right to terminate the agreement with the Customer in case of any breach of these Terms and Conditions by the Customer. In the event of termination, and without limitation of any remedies, the Customer agrees to immediately return the Font Software to Type Tailors and certify in writing that no copy of the Font Software remains in the Customer’s possession or control.
Intellectual property rights
The Font Software is licensed and not sold to the Customer. The Font Software is licensed for use in accordance with these Terms and Conditions.
Type Tailors and/or its suppliers remain at all times the exclusive and sole owner of all the Intellectual Property Rights that vest in the Font Software, including the source code.
The Customer agrees that:
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he will immediately inform Type Tailors in writing of any third party claim lodged against the Customer on the grounds of infringement or presumed infringement of any Intellectual Property Rights that vest in the Font Software, of which he is aware;
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he may not give any admission of liability nor give any consent to a resolution or settlement concerning any claim relating to Intellectual Property Rights that vest in the Font Software without Type Tailor’s prior written consent; and
Type Tailors has the right, at their own request and expense, to take the initiative and/or reach an amicable settlement in all negotiations and legal cases resulting from any claims relating to the Intellectual Property Rights that vest in the Font Software. The Customer must provide Type Tailors, at their request and expense, with all reasonable assistance with regard to such negotiations and legal proceedings.
Nothing in these Terms and Conditions shall be interpreted as a transfer of any Intellectual Property Rights from Type Tailors to the Customer or any third party.
Privacy
Type Tailors processes personal data in accordance with its ‘Privacy Policy’. You can consult this Privacy Policy here.
Other provisions
If any court or competent authority finds that any provision of these Terms and Conditions (or part of any provision) is invalid, illegal or unenforceable, that provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions shall not be affected. The invalid, illegal or unenforceable provision shall be replaced by a provision that as closely encompasses the motivation for the provision declared invalid, illegal or unenforceable.
Type Tailors may revise these Terms and Conditions at any time by amending this page. The Customer is expected to check this page from time to time to take notice of any changes Type Tailors makes, as they are binding on the Customer.
Type Tailors has the right to assign the agreement with the Customer, or any part thereof, and Type Tailors has the right to delegate any of its obligations under the agreement with the Customer.
In case you need more information or in case you have suggestions, you can contact Type Tailors on the following address: Type Tailors BVBA, B-2018 Antwerp, Mechelsesteenweg 25 or on the following e-mail address: hello@typeby.com.
Any dispute arising in connection with these Terms and Conditions will be settled exclusively according to Belgian law. The courts of Antwerp, division Antwerp are exclusively competent to hear disputes.