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 nice to type – Gabriel Richter, Heinrich-Könn-Straße 69, 40625 Düsseldorf – as website operator of “nicetotype.de”, hereinafter referred to as “nice to type” – 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

  1. nice to type 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.
  2. The scope of the font packages sold results from the article description.
  3. 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. nice to type 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.
  4. 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

  1. The offering of products displayed on the website state the non-binding invitation to you to order goods.
  2. 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.
  3. 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

  1. 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.
  2. 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

  1. 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.
  2. The purchase price is due with conclusion of the contract.
  3. 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.
  4. 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.
  5. 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.
  6. You are only entitled to offset if your counter claims are legally proven by court, indisputable or accepted by us in writing.
  7. A right of retention can only be executed insofar as the claims result from the same contractual relationship.
  8. 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.
  9. 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

  1. 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.
  2. 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

  1. The legal regulations for warranty apply for our goods.
  2. If a file does not work or is damaged, please contact nice to type 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

  1. 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.
  2. To exercise the right of withdrawal, you must inform us
    nice to type – Gabriel Richter
    Heinrich-Könn-Straße 69
    40625 Düsseldorf
    Germany
    0049176-64390415
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    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.
  3. Withdrawal form
    – To
    Heinrich-Könn-Straße 69
    40625 Düsseldorf
    Germany
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    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),

    – Date_______________
    (*) strike out if inappropriate
  4. 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

  1. has expressly given the consent that the entrepreneur begins to execute the contract before the expiry of the withdrawal period, and
  2. 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

  1. 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.
  2. 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

Please note our separate privacy 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.
Our e-mail for consumer complaints is: Turn on Javascript!

§ 16 Applicable law, Court of jurisdiction

  1. German law applies with the exception of the UN Sales Convention.
  2. 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 nice to type.

§ 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. Standard License Conditions

End user licence agreement for “nice to type” fonts and font software

This agreement is the End User Licence Agreement (hereinafter “EULA”) between you, the font user (hereinafter “licensee”) and the licensor “nice to type”, owner Gabriel Richter (hereinafter “nice to type”). The typeface offered by “nice to type” and the corresponding font software are protected as personal intellectual creations by copyright law, the statutory provisions of which are deemed to be agreed even if the required level of creation is not achieved. The respective designers remain the owners of the copyrights to the font type and the font software. “nice to type” has been authorised by the designers to transfer the rights of use to the licensee in accordance with the following licence terms & conditions. In purchasing, downloading and/or installing the font software, the licensee, being aware of the present EULA, is deemed to have agreed to these licence terms & conditions.

  1. Terminology and definitions
    1. “Typeface” means the respective typeface design licensed from “nice to type”.
    2. “Font” or “font software” means the respective font type in digital form. The characters and symbols of the typeface can be used in conjunction with suitable hardware and software.
    3. “Licensee” is the end user whose name is to be communicated to “nice to type” when purchasing the font.
    4. “End user” means a person or business who personally uses the font and/or for whom a service provider uses the font for the personal use of the person or business.
    5. A “business” means a company that is documented by the same name and legal form. This also includes the different locations of a company.
    6. “Service provider” means a design firm, agency, freelancer, etc. or any other person who uses the fonts for the personal use of another person or business.
  2. Granting of licences
    1. “nice to type” grants the licensee a non-exclusive, nontransferable and non-sublicensable licence to use the font purchased by it in accordance with the following terms and conditions (hereinafter “licence”).
    2. The invoice issued by “nice to type” to the end user, together with the proof of transfer of the licence fee (royalties), is deemed to be the licence certificate. In the event of a change of name, legal form and/or address of the licensee, “nice to type” must be informed by email.
  3. Licence fee
    1. The licence fees for the respective fonts, which can be viewed on the “nice to type” website, are due once only. They do not constitute a subscription.
    2. The licence fees for students and free trials are waived, see “8 Student licences” and “9 Free-trial licences”.
  4. Licence volumes
    1. Licences are purchased as a “Small licence”, “Medium licence” or “Large licence”. The “Small licence” allows use by an individual or a company with 1 - 10 employees. The “Medium licence” allows use by a company with 11 - 100 employees. The “Large licence” allows use by a company with 101 - 500 employees. For a company with more than 500 employees, the licence can be purchased at special conditions after consultation with “nice to type”.
    2. A company whose number of employees increases beyond the licence level acquired in accordance with “4.1” after acquiring the licence must inform “nice to type” by email and, from the time it reaches the next licence level, acquire the licence then in force by paying the corresponding differential amount. Should the number of employees of a company fall below the acquired licence level after the licence has been acquired, “nice to type” will not reimburse the difference.
  5. Licensees in cooperation with service providers
    1. The licensee may commission a service provider to use the fonts for the licensee’s media applications. In such cases, the licensee must ensure that the service provider has taken note of the EULA and agrees to the EULA terms and conditions and that the use of the fonts by the service provider remains limited to the order.
    2. The licence is always acquired in the name of the end user of the fonts. A service provider must therefore acquire it for and on behalf of the end user, i.e. it must be authorised by the end user and provide the name of the end user to “nice to type” by stating its name and address. The service provider must ensure that the end user has been made aware of the EULA and agrees to the EULA terms and conditions.
  6. Right of use
    1. The licence is granted worldwide and for an unlimited period of time.
    2. The licence permits the download, installation and use of the fonts for the design and creation of analogue and/or digital media.
    3. Fonts are provided in at least four formats: PostScript based OpenType fonts (file extension “.otf”), TrueType based OpenType fonts (file extension “.ttf”) and webenabled formats WOFF (file extension “.woff”) and WOFF2 (file extension “.woff2”). “nice to type” assumes no responsibility for the licensee being in possession of programs that can read the formats.
    4. Use of the fonts is not bound to the number of computers of the licensee, quantities of the respective documents or the number of times the font is accessed on the web. They may therefore be used without limitation as long as use is restricted to the licensee.
    5. Modification of individual glyphs of the fonts after rasterisation or vectorisation in pixel or vector-based programs is permitted, for example to create individual logos, provided that the fonts themselves and their source code are not modified.
    6. The licence permits embedding in applications, eBooks, PDF formats and/or video games of the licensee. However, embedding must be done securely so that the recipient of the media cannot extract the fonts and use them himself – for example in “read/print-only mode”. If this is not technically possible and within the scope of the project, please contact “nice to type” before licensing.
    7. When using the fonts, a copyright notice stating the name of the font type, the designer and “nice to type” is required wherever possible – for example in the Legal Notice.
  7. Non-permissible uses
    1. It is not permitted to make any modifications to the fonts, adapt them independently, decompile, reconvert or disassemble the fonts in any way.
    2. The licensee is not permitted to create its own fonts from rasterised and/or vectorised, modified or unmodified glyphs, or to mix them with existing fonts.
    3. It is not permitted to create other font formats from fonts that already exist or may exist in the future.
    4. It is not permitted to sell and/or transfer the licence, the fonts and/or components of the fonts to third parties in any way whatsoever.
    5. It is not permitted to offer the fonts publicly for free download, to lend them and/or to let them.
    6. It is also not permitted to commission service providers or third parties to carry out modifications and/or the nonpermitted uses specified in “7.1” to “7.5”.
    7. Integration of the fonts for unlimited self-hosting on websites is only permitted in web font formats WOFF (file extension “.woff”) and WOFF2 (file extension “.woff2”) as supplied. The licensee is responsible for ensuring that no other website makes use of the web fonts.
    8. If changes to the fonts, the source code, the creation of a different font format or the creation of an otherwise customised font are required by the licensee, this can be requested from “nice to type”.
    9. It is not permitted to use the fonts in a racist or discriminatory context. Furthermore, it is not permitted to use the fonts for projects that violate human and/or animal rights.
  8. Student licences
    1. School pupils and students are permitted to use the licence free of royalties for non-commercial school purposes or non-commercial college or university purposes.
    2. The rights of use as licence fee-free fonts expire as soon as pupil or student status is terminated for whatever reason.
    3. The provisions pursuant to “8” with regard to the “Student licence” have priority over the corresponding provisions of the EULA.
  9. Free trial licences
    1. For the royalty-free use of the fonts solely for test purposes, which also includes paid and unpaid pitches, “nice to type” provides special trial fonts that have a restricted character set.
    2. Use for testing purposes does not permit publication of the work created with trial fonts – either online or offline.
    3. Distribution of trial fonts is not permitted. In particular, it is not permitted to use the trial fonts in apps, games or other software if such use requires the distribution of the trial fonts within the data/files of the software, thereby enabling external users to copy the fonts.
    4. The provisions pursuant to “9” with regard to “Free trial licences” have priority over the corresponding provisions of the EULA.
  10. Warranty & liability
    1. “nice to type” will replace any purchased font that turns out to be faulty. If “nice to type” is unable to replace the defective font, the licence fee paid will be refunded to the licensee.
    2. “nice to type” is only liable in cases of intentional or grossly negligent breach of contractual obligations and for injury to life, limb or health. In other respects, the liability of “nice to type” in any form of negligence is limited to the damage that is foreseeable and typical within the scope of the contract, as well as the amount of the licence fee paid by the licensee. This also applies to the personal liability of employees and vicarious agents of “nice to type”.
    3. “nice to type” is not liable in cases where third parties, for example other type designers or foundries, assert their own rights due to the licence being exercised where their rights are infringed by the exercise of the licence. However, “nice to type” assures the licensee that, at the time the licence came into being, it had no knowledge that exercising the licence would infringe the rights of third parties.
  11. Termination and damages
    1. If the licensee breaches any of its material obligations under this EULA and does not cease the breach within one month of being required by “nice to type” to comply with the obligations, “nice to type” may terminate the licence at any time for cause without notice.
    2. If the licensee uses the fonts in a manner that is not permitted by the licence acquired by it, “nice to type” may demand a contractual penalty from the licensee (without prejudice to the right of termination under “11.1” and any claims for damages) in the amount of five times the licence fee as defined under “4”.
  12. Miscellaneous
    1. The EULA supersedes any oral or written agreements between “nice to type” and the licensee.
    2. “nice to type” retains the right to amend the EULA at any time. However, changes will not affect or limit in any way the licences already purchased.
    3. If any provision of the EULA is or becomes invalid, unenforceable or void, or if the EULA contains a loophole, the legal validity of the remaining provisions remains unaffected. In place of the invalid, unenforceable or void provision, a valid provision which comes closest to that intended by “nice to type” and the licensee is deemed to have been agreed.
    4. For all legal disputes arising from and in connection with the EULA, the exclusive jurisdiction of the Regional Court of Düsseldorf and the application of German law are agreed, and the provisions of the United Nations “Convention on Contracts for the International Sale of Goods” (CISG) are expressly excluded.
  13. Contact
    1. If anything is unclear or if you have any questions, please send an email to:
      Gabriel Richter
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