Terms and Conditions (AGB)
The presentation of products in the online shop does not constitute a legally binding offer, but an invitation to submit an order. By completing the ordering process, the Customer submits a binding offer to purchase the selected products. The contract is concluded only upon acceptance of the order by Moontype Foundry, which is effected by sending an order confirmation by e-mail.
By agreeing to these Terms and Conditions, the Customer also expressly agrees to the Seller’s End User License Agreement (EULA), which governs the scope and conditions of use of the Fonts. The EULA forms an integral part of the contract.
All contractual information, the ordering process, and all legal documents are provided exclusively in the English language.
B. DeliveryThe delivery shall be deemed completed upon provision of the download link.
C. Prices and PaymentAll stated prices are final prices according to the small business regulation under Section 19 of the German VAT Act (UStG) and do not include VAT.
Payment shall be made via the payment methods offered during the ordering process, including credit card payments processed via Stripe and payments via PayPal. The Seller reserves the right to change the offered payment methods at any time.
Any applicable taxes or charges outside Germany shall be borne by the Customer.
D. Warranty(1) The Seller shall be obliged to provide subsequent performance in accordance with the statutory provisions unless otherwise stipulated below.
(2) The Seller shall determine the type of subsequent performance.
(3) The Customer shall inspect the contractual software immediately upon receipt for obvious defects and notify the Seller immediately if any are found. The same applies if such a defect becomes apparent later.
(4) Except for claims for damages, warranty claims due to material defects shall become time-barred after one year.
(5) If the Customer asserts claims for damages or reimbursement of futile expenses, the Seller’s liability shall be governed by Section 5 of these Terms and Conditions.
(6) The place of performance for subsequent performance shall be the Seller’s registered office.
E. Liability(1) The Seller shall be liable for intent and gross negligence without limitation. For slight negligence, the Seller shall only be liable for breaches of material contractual obligations (cardinal obligations), the fulfilment of which is essential for the proper execution of the contract and on which the Customer regularly relies. Liability for slight negligence shall be limited to the typical and foreseeable damage.
(2) In the case of business customers, the Seller’s liability shall be limited to damages occurring within one year after delivery of the contractual software.
(3) Liability for damages resulting from injury to life, body, or health shall remain unaffected.
F. Reservation of RightsThe Fonts and all associated rights remain the property of the Seller. Upon full payment, the Customer shall receive a non-exclusive, non-transferable right of use in accordance with the applicable End User Licence Agreement (EULA) of the Seller.
G. Choice of Law and Place of JurisdictionGerman law shall apply, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG). The exclusive place of jurisdiction for all disputes shall be Hamburg, Germany.