agreed for all contracts made through the https://vector.town platform

between

Michael Kuphal, vector.town, Großgörschenstraße 1, 10827 Berlin, Germany, Telephone: +49-15-753-071-721, VAT id no.: DE259669777 – hereinafter referred to as “Provider” —

and

the buyers of the products (goods and services) offered via the aforementioned program — hereinafter referred to as “Customer” —

§ 1 Scope, Definitions

(1) The following General terms and Conditions, in their valid version, apply exclusively to the business relationship between the Provider and the Customer from the time an order is made. Alternative General Terms and Conditions from the Customer are not recognised unless they have been previously explicitly agreed to in writing.
(2) The terms “Consumer” and “Entrepreneur” are used pursuant to §§ 13,14 German Civil Code (Bürgerliches Gesetzbuch – BGB) The Customer is a Consumer so far as the purpose for ordering the deliveries and services cannot be attributed to his or her commercial or freelance professional activities. In contrast, an Entrepreneur is any natural or legal person or partnership with legal capacity acting in the exercise of his or her commercial or independent professional activity when concluding the contract.
(3) The term “distance contract” pursuant to §312c BGB: distance contracts are contracts formed when the Entrepreneur or a person acting on his or her behalf and the Consumer only use distance communication methods for the negotiation and conclusion of the contract, unless the conclusion of the contract occurs as part of a service or distribution system organised for the purposes of distance selling.
(4) The term “Illustrations”: “Illustrations” as meant in these Terms and Conditions refers to illustrations offered as vector object files (data) via this https://vector.town platform or an authorised third-party. “Illustrations” are delivered as purely digital products for download by the Customer from the Provider’s server or that of an authorised third-party via the internet or similar digital communication network. A Customer’s use of “Illustrations” is subject to the provisions of these GTCs.

§ 2 Conclusion of the contract

(1) The presentation and marketing of products on our platform does not constitute the formation of a binding contract. The Customer can select products (e.g. “Illustrations”) from the Provider’s range, for collection in a so-called shopping cart by clicking on the “Add to Cart” button. The binding contract to purchase the products in the shopping basket is formed by clicking on the “Place binding order” button.
Before sending the order, the Customer can review and alter the order any time, or, using the browser “back” button, return to the Shopping Cart at any time or cancel the order process entirely.
(2) The Provider then sends the Customer an automated confirmation of receipt by email, which lists the details of the Customer’s order and which may be printed using the “print” function. The automated confirmation of receipt serves only to document that the Customer’s order has been received by the provider and does not represent an acceptance of the order. The contract is only concluded with the sending of a declaration of acceptance from the Provider, which will be sent in a separate email (confirmation of order). The written contract (consisting of the order, GTCs and confirmation of the order) will be sent in either in this email, or a separate email sent, at the latest at the time of shipment on a permanent data carrier (email or hard copy). The copy of the contract will be stored in compliance with data protection regulations.
(3) The contract is concluded in the German language.

§ 3 End-User Licence Agreement (EULA) for “Illustrations”

“Illustrations” may only be used by the Customer in accordance with the following licence conditions.

(1) Licence model
The Provider offers the “Illustrations” under three licence models. Of these, only licence models A and B can be purchased via the https://vector.town platform or from third-party vendors via the automated sales system (i.e. direct download). The Customer must therefore decide whether to purchase either licence model A or B. Licence model C requires a separate licence agreement between the Provider and the Customer which governs the particularities specific to the technology being used or the planned scope of use. The licence models are as follows:

(2) Usage rights
On conclusion of the contract and full payment of the licence fee, the Customer is granted a simple (non-exclusive), non-transferable right which is not restricted in terms of time or place, to embed the “Illustrations” whether in edited or original form as design elements in media and design products, and to the comprehensive use of these media and design products as long as the following provisions do not restrict the right of use.

(3) Prohibited Uses
The following uses are prohibited:

• use of the “Illustrations” in promotional videos (e.g. commercials) and their use (e.g. for TV or video streaming services), unless the Customer has purchased a separate special licence in accordance with licence model C for that purpose;
• any separate use of the “Illustrations” outside of media and design products. This includes a prohibition on sub-licensing, lending, leasing, renting, making publicly available (e.g. downloading in networks/P2P), duplicating and distributing (e.g. on data storage devices or “print on demand” services), feeding the “Illustrations” into databases of any kind (online or offline) outside of media and design products;
• use as part of media and design products where the “Illustrations” form a material design (e.g. printed unedited on a poster) which are offered for resale and/or value-determining element of these products and/or any realisation of value of such products (e.g. through sale, rental, public release etc.);
• use of the “Illustrations” for the creation and/or realisation of value of templates (e.g. “themes”) or other electronic templates or samples;
• any use of the software or digital content in conjunction with pornographic, offensive or libellous content (§§185ff German Criminal Code, Strafgesetzbuch – StGB) or other criminal content or any content that discriminates on the basis of race or ethnic origin, gender, religion or belief, disability, age or gender identity as meant by §§1, 3 German Equal Opportunities Act (Allgemeines Gleichbehandlungsgesetzes – AGG).

(4) Backup copy of the “Illustrations”
The Customer is entitled to make a backup copy of the “Illustrations” if and as long as the Customer holds a valid licence.

(5) Transfer of the “Illustrations” to third parties
The Customer is entitled to transfer the “Illustrations” as a whole and in original condition to a subsequent purchaser with a copy of this EULA. The transfer of the “Illustrations” and EULA represents an offer from the Provider to the subsequent user to conclude an identical contract. The subsequent purchaser declares acceptance by registering the “Illustrations”. The transfer of the “Illustrations” also constitutes a transfer of the right to use same in accordance with this EULA to the subsequent purchaser who thereby takes the place of the Customer as defined by this EULA. This transfer represents a simultaneous expiration of the original right of use held by the initial Customer. On transfer, the initial Customer must immediately and permanently delete all or otherwise destroy all complete and partial copies of the “Illustrations” as well as any altered or edited versions thereof. This also applies to backup copies.

(6) Licence fee
For the transfer of the “Illustrations” and the granting of contractual rights of use, the Customer must pay a license fee to the Provider. This is payable regardless of the scope of the actual use of the “Illustrations” by the licensee. The license fee is due on conclusion of this contract. Payment options are detailed in the order form. On download of the “Illustrations”, the Customer will receive an invoice indicating the license fee payable including VAT.

(7) Copyright and credits
The “Illustrations” are protected by copyright. The artist and creator of the “Illustrations” is Michael Kuphal. The Customer is not obliged to name Michael Kuphal as the artist and creator.

(8) Termination of the license agreement
The Provider may terminate the license agreement with the Customer extraordinarily and without notice if the Customer culpably contravenes the restrictions of the rights of use in Paragraph (3) and where, considering all circumstance and weighing the interests of both parties, the Provider cannot reasonably be expected to continue with the license agreement. In addition, the right of the parties to terminate this agreement for good cause remains unaffected. In the event of a termination of the license agreement, the Customer loses all rights of use, and must immediately and permanently delete or otherwise destroy all complete and partial copies of the “Illustrations” as well as any altered or edited versions thereof. This also applies to backup copies.

§ 4 Technical requirements for use of the “Illustrations”

The “Illustrations” and “open” vector files contained therein are delivered as numbered files in EPS (Encapsulated PostScript) format and PDF (Portable Document Format) as a packed ZIP file. The Customer is free to modify them or otherwise adapt them to the needs of his or her project.

The ZIP file can be downloaded from “My account/Downloads” or https://vector.town/my-account/downloads/.
When using cutting plotters, a preliminary verification of the printing concept must be carried out, depending on the vector file selected. This is necessary due to the high level of detail.
Use of the “Illustrations” requires a vector graphics software such as “Adobe Illustrator”, “Sketch”, “inkscape” or “CorelDRAW”. The vectors can also be imported into “Adobe Photoshop”, although the scope of modification will be limited.

§ 5 Customer access to the online shop

(1) The Customer’s login data (user name and password) to access the online shop are for the exclusive use of the Customer and are not transferable. The Customer is obliged to keep this login data confidential. Should the Customer become aware of any misuse of this login data, the Customer must inform the Provider immediately and change his or her password to prevent access by unauthorised persons.
(2) In the case of a culpable breach of the obligations set out in Paragraph (1), the Customer indemnifies the Provider against any third-party claims made against the Provider in connection with the use of the Customer’s login and for all damages and expenses incurred by the Provider arising in connection with the use of the Customer’s login data.
(3) The Provider may partially or completely temporarily block the Customer’s access in the event of knowledge or reasonable suspicion of a breach of statutory provisions or of these General Terms and Conditions, particularly for unauthorised disclosure of login data or false or inaccurate information provided during registration. As far as possible, this is to be done in communication with the Customer, where not, the Customer is to be informed immediately. The Provider reserves the right to permanently block access where continued provision of access cannot reasonably be expected in consideration of all circumstances and weighing the interests of both parties. This does not affect the right of termination of the contract for good cause.

§ 6 Revocation policy

(1) When concluding a distance selling contract, consumers generally have a fundamental statutory right of revocation. The Provider provides the following information in accordance with the statutory model. The exceptions to the right of revocation are governed by Paragraphs (2) and (3). Paragraph (4) provides a sample revocation form.

—Commencement of revocation policy—

Right of revocation

You have the right to revoke this contract within fourteen days without providing cause.
The revocation period is fourteen days from the day on which you or a third party designated by you who is not carrier, has taken possession of the goods.

To exercise your right of revocation, you must inform us (Michael Kuphal, vector.town, Großgörschenstraße 1, 10827 Berlin, Germany, E-Mail: service@vector.town, Telephone: +49-15-753-071-721) by means of a clear statement (e.g. a letter sent by post, fax or email) of your decision to revoke this contract. You may use the attached revocation form for this purpose, although use of this form is not mandatory.
To uphold the revocation period, it is sufficient to send notification of the exercise of your revocation right before the end of the revocation period.

Consequences of revocation

If you revoke this contract, we must return all payments made by you, including delivery costs (excluding any additional costs arising from your choice of an alternative delivery more expensive than the cheaper standard delivery offered by us) immediately, at the latest within fourteen days from the day on which we received the notification of your revocation. Money will be refunded using the same method used by you for payment in the original transaction, unless explicitly otherwise agreed. You will not be charged for this refund.

We may refuse to refund any money until such time as the products have been returned or until you provide us with evidence that you have sent the goods back to us, whichever occurs first.

You must return the goods to us immediately, at the latest within fourteen days from the day you informed us of your revocation of this contract. This deadline is met if you send the goods before the end of the fourteen day period.

You shall bear the direct costs of returning goods.
You must compensate for any loss of value of the goods if this loss can be attributed to handling of the goods which exceeds that required to examine their nature, properties and functionality.

—End of revocation policy—

(2) Additional notice on the non-existence of a right of revocation:
The right of revocation does not apply to contracts for the delivery of sound or video recordings or computer software in sealed packaging which has been unsealed after delivery.
(3) Additional notice on the early expiry of the right of revocation:
The right of revocation expires on a contract for the delivery of digital content not contained on a physical data carrier if the entrepreneur has commenced performance of the contract after the Consumer:
a) has explicitly agreed that the entrepreneur should commence performance before the expiry of the revocation period and
b) has confirmed his or her understanding the right of revocation is lost by consenting to the commencement of performance of the contract.
The Provider advises that contracts for the delivery of digital content not contained on a physical data carrier (particularly contracts for the supply of “Illustrations”) may be subject to the granting of aforementioned consent and confirmation.
(4) The Provider provides information regarding the sample revocation form in accordance with the statutory rules as follows:

Sample Revocation Form

(If you wish to revoke the contract, please fill out this form and send it back)

— To [Michael Kuphal, vector.town, Großgörschenstraße 1, 10827 Berlin, Germany, E-Mail: service@vector.town]:

— I/We (*) hereby revoke my/our (*) consent to the contract of sale for the following products (*)/ the provision of the following service(s)(*) concluded by me/us (*)

— Ordered on (*)/received on (*)
—Name of the consumer(s)
— Address of the consumer(s)
— Signature(s) of the consumers(s) (only required for notification by post or fax)
— Date
(*) delete as applicable

§ 7 Delivery, availability

(1) The delivery times specified by us are calculated from the time the order is confirmed, assuming prior payment of the purchase price (unless when purchasing on invoice). If no delivery period or no alternative delivery period is provided by us, the delivery period is 14 days.
(2) If the selected products are not available at the time of order, the Provider must inform the Customer of this immediately in the confirmation of order email. If the product is permanently unavailable, the Provider will not issue a confirmation of order. A contract is not formed in this case.
(3) If the products ordered by the Customer are only temporarily unavailable, the Provider must also inform the Customer immediately in the confirmation of order.

§ 8 Retention of title, offsetting, right of retention

(1) The delivered products remain the property of the Provider until payment has been made in full.
(2) The Customer may not offset claims of the Provider unless a counterclaim has been legally established or is undisputed. The Customer is also entitled to offset claims against the Provider where defects or counter claims have been asserted arising from the same contract.
(3) The Customer may only exercise the right of retention where the counter claim arises from the same contract.

§ 9 Prices and delivery costs

(1) All prices specified on the Provider’s website include the applicable statutory value-added tax.
(2) Delivery of digital products (e.g. “Illustrations”) occurs via communication networks (such as the internet) by download by the Customer from the Provider’s server or that of an authorised third party. All and any costs arising from the Customer’s use of the digital communication network for ordering or downloading are paid by the Customer. The Customer will be informed of delivery costs for physical products via details provided in the order form, these must be paid by the Customer where the Customer has not exercised a right of revocation. Products will be delivered by post. The risk of shipping is borne by the Provider, if the Customer is a consumer.
(3) In the event of revocation, the Customer must bear the costs of returning the goods.

§ 10 Methods of payment

(1) The Customer may pay by PayPal, Stripe or credit card.
(2) The Customer may change the selected method of payment stored in the user account at any time.
(3) Payment of the purchase price must be made immediately on conclusion of the contract.

§ 11 Warranty for defects, guarantee

(1) Where this relates to the purchase of “Illustrations”, it must be pointed out that it is not possible to develop software that is completely error-free for all application conditions. The Provider warrants that the software is suitable for use as described in the program description provided at the time of the transfer to the Customer.
(2) The Provider is liable for material defects in accordance with the relevant statutory provisions, particularly §§ 434 ff German Civil Code (Bundesgesetzbuch, BGB). The warranty period for products delivered to entrepreneurs is 12 months.
(3) A further guarantee obligation does not exist. In particular, there is no guarantee that the software will meet the specific requirements of the Customer. The Customer is solely responsible for the selection, installation and use of the products as well as for the intended results.
(4) An additional guarantee only exists for goods shipped directly from the Provider when explicitly stated in the order confirmation for the specific product.

§ 12 Liability

(1) Customer claims for damages are excluded. This does not apply to claims for damages from the Customer resulting from injury to life, limb, health or the material contractual obligations (cardinal obligations) as well as liability for other damages arising from intentional or grossly negligent conduct on the part of the Provider, his legal representatives or agents. Material contractual obligations are those which are required for the fulfilment of the contract.
(2) In case of a breach of material contractual obligations, the Provider is only liable for typical, foreseeable damages if these were caused by simple negligence unless the Customer’s claim is for damages resulting from injury to life, limb or health.
(3) The limitations contained in Paragraphs (1) and (2) also apply to the legal representatives and agents of the Provider, should claims be made directly against them.
(4) The limitations of liability arising from Paragraphs (1) and (2) do not apply if the Provider has fraudulently concealed the defect or has provided a guarantee for the quality of the products. This also applies as far as the Provider and the Customer have reached an agreement about the quality of the products. The provisions of the German Product Liability Act (Produkthaftungsgesetz) remain unaffected.

§ 13 Data Protection

We collect and store information necessary for processing the transaction. Processing of personal data occurs in accordance with the relevant statutory provisions. Further information is available from our Privacy Policy, available in our online presence. The Customer may receive information regarding the personal data stored at any time on request.

§ 14 Final provisions

(1) Contracts between the Provider and the Customer are governed by the law of the Federal Republic of Germany. The UN Convention on Contracts for the International Sales of Goods (CISG) does not apply. The statutory provisions limiting the choice of law and the applicability of mandatory provisions, particularly those of the state in which the Customer usually resides remain unaffected.
(2) In so far as the Customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from the contract between the Customer and the Provider is the Provider’s registered head office.
(3) The contract remains binding as a whole, even where individual items are invalid. In the event of invalidity, such invalid items will be replaced by the statutory provisions where available. In the event this would constitute an unreasonable hardship for one of the parties, the contract shall become invalid as a whole.
(4) Dispute resolution: The EU Commission has created an internet platform for the online settlement of disputes. The platform serves as a point of contact for extra judicial settlement concerning contractual obligations arising from online sales contracts. More information is available at the following link: http://ec.europa.eu/consumers/odr. We are neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.

When contact is made via our website (e.g. via an online form) or an order in our online shop:

You can download our General Terms and Conditions as a PDF file for printing. You will need a suitable program, such as Adobe Acrobat Reader, to view the file. The GTCs may be also be saved by right-clicking on the following link and then selecting “Save target as …” or “Ziel speichern unter …” (General Terms and Conditions as PDF). You can also save and/or print the GTCs by using the buttons in the PDF viewer program. The English version of our GTCs is a translation of the German original. In event of any discrepancy, the German original prevails.

Version: January 2020

Download General Terms and Conditions as PDF