1.1 Displaay offers font software in various formats united in font families (typefaces) having various weights and styles (Fonts) for purchase in its e-shop at https://www.displaay.net (e-shop). Any individual (consumer), entrepreneur or company (collectively, Client) may access the e-shop and purchase the Fonts in accordance with these General Terms and Conditions (General Terms).
1.2 The e-shop is operated by the typeface designer Martin Vácha, with his registered seat at F. V. Mareše 491, 256 01 Benešov, Czech Republic, Czech Id. No. 76179095, Tax Id. CZ8609123226, using the brand “Displaay” for designating his work and business activities (Displaay).
2.1 The General Terms apply to any purchase by the Client of any Fonts via the e-shop.
2.2 Displaay may unilaterally amend the General Terms. Any amendment comes into effect upon its delivery to the Client by email (including as part of a newsletter). By each subsequent use of the Fonts by the Client following the delivery of the amended General Terms, the Client agrees to be bound by and accepts the amended General Terms.
3.1 The Client may access the e-shop of the Fonts at https://www.displaay.net.
3.2 In the e-shop, the Client chooses the Fonts and the type of the license depending on the desired purpose and extent of the use of the Fonts (License), based on which choices the e-shop automatically generates the aggregate fees for the Fonts (Fees). The Client agrees to carefully check the options made and the fees before proceeding to completing the purchase.
3.3 The Client is asked to fill in basic identification details necessary for the valid conclusion of the Purchase Agreement (defined below) and the issuance of a valid invoice for the Fees. The Client undertakes to provide true, full, up-to-date and accurate identification details.
4.1 Following the conclusion of the Purchase Agreement, Displaay delivers to the Client an invoice for the relevant Fees plus VAT. The Client agrees to pay the Fees to Displaay by wire transfer to the bank account of Displaay indicated in the invoice within the due date indicated in the invoice.
4.2 The Fees include the remuneration for the License to use the Fonts, unless agreed otherwise in writing between Displaay and the Client.
4.3 If the Client is in delay with the payment of any Fees, Displaay may charge a late payment interest in the amount of 0.05% per each day of delay. In addition, if the delay exceeds 30 business days and the Client fails to pay the due amount within an additional period of 30 business days from the date of delivery to the Client of Displaay’s call for payment, Displaay may terminate the Purchase Agreement with immediate effect by a termination notice delivered to the Client. In such case, the Client shall return to Displaay the Fonts received from Displaay prior to the termination, if applicable, and shall abstain from copying or otherwise using the same. Displaay shall not return to the Client any amounts of Fees paid to Displaay prior to the termination.
5.1 Displaay shall make the purchased Fonts available to the Client for download without undue delay of the payment of the Fees under Section 4.1.
5.2 Following the download of the Fonts, the Client shall check the Fonts. Should the Client find that the Fonts do not comply with the Specifications, he / she shall inform Displaay of the identified issues via email at [email protected] without undue delay of the download, however no later than within 3 days, and describe the issues in sufficient detail (Specifications).
5.3 The Fonts have a defect if they fail to comply with the Specifications. Displaay shall remove the defects for free. The free removal of the defect is the sole remedy of Displaay for any defect.
5.4 For avoidance of doubt, any issues which do not consist of the non-compliance with the Specifications, in particular, the following issues, insufficiencies, errors or disfunction of the Fonts or in the Fonts (collectively, Issues) do not qualify as defects nor does Displaay bear any liability therefor:
5.4 Displaay shall review the claim pursuant to Section 5.2 and inform the Client within 14 days of the assessment of the claim (whether or not the asserted issue qualifies as a defect or not). If the issue is assessed as a defect, Displaay shall inform the Client of the timeframe for the free removal of the defect. If however the asserted issue does not qualify as a defect, the parties shall agree on the removal of the issue at the Client’s cost.
6.1 The Client agrees and instructs Displaay that the purchased Fonts are delivered to the Client (by way of making them available for download) immediately after receiving the payment of the Fees in accordance with Section 4, i.e. even before the expiration of the term of 14 days of the date of concluding the Purchase Agreement, unless specifically agreed otherwise between the parties. In such case, the Client forfeits the statutory right to withdraw from the Purchase Agreement within 14 days of its conclusion.
7.1 The Client shall use the Fonts strictly in accordance with the License. The License shall come into effect no earlier than upon the full payment by the Client of all Fees for the relevant Fonts and License. Prior to such entry into effect of the License, the Client shall not use the Fonts or any its part or phase in any manner whatsoever. In case of breach by the Client of this Section 7.1, Displaay has the right to terminate the Purchase Agreement and the License with immediate effect upon delivery of the termination notice to the Client. In such case, the Client shall return to Displaay the Fonts and shall abstain from copying or otherwise using the same. Displaay shall not return to the Client any amounts of Fees paid to Displaay prior to the termination.
7.3 The Client shall indemnify, defend and hold harmless Displaay from and against all damages, losses or claims arising out of or related to any breach of Sections 7.1 and 7.2.
8.1 Unless explicitly set forth in the General Terms, Displaay makes no warranty, condition, representation, undertaking or guarantee of any kind with respect to the Fonts, whether express, implied, statutory, or otherwise. Displaay further hereby specifically disclaims, to the extent permitted by applicable law, all implied warranties, conditions, representations, undertakings and guarantees, including, without limitation, with respect to title, merchantability, non-infringement or fitness for a particular purpose.
8.4 Displaay bears no liability for any damages or losses incurred by the Client in relation to any Fonts, any License, any Purchase Agreement or the General Terms (other than such caused by Displaay intentionally or through gross negligence). The downloading and using of the Fonts is fully on the Client’s risk. Liability of Displaay for damage is excluded. Should the aforementioned exclusion of liability not be permitted in any jurisdiction, the Client agrees that Displaay’s liability for damage shall in no event exceed the amount of EUR 100.
10.1 The Client may not assign or transfer any rights under any Purchase Agreement to a third party without a prior written consent of Displaay.
10.2 In case of conflict between the Purchase Agreement and the General Terms, the Purchase Agreement prevails. In case of conflict between the License and the General Terms, the License prevails. No general terms and conditions of the Client apply or make part of any Purchase Agreement or any License.
Version 1.4.2, Feb 2021