Terms & Conditions/Licenses

Terms and Conditions of Neubau

The following Terms and Conditions shall apply exclusively to any and all contracts, agreements and interactions between Neubau/Mr Stefan Gandl, Paul-Lincke-Ufer 44a, 10999 Berlin, Germany (“Neubau”) and the customer (“Customer”), including through the website www.neubauladen.com & www.neubauedition.com (“Website”). Any additional or inconsistent terms used by the Customer shall not be binding upon Neubau, unless Neubau gives its express agreement in writing.

§ 1 Offers and Service

Any offer, quotation or price information by Neubau regarding the fonts, text, graphics and any other items accessed from or via this Website or otherwise through the internet (“Own Content”) is without obligation and subject to change without notice unless an offer has been designated as binding.
Neubau expressly reserves itself the right to change, amend, cancel or close down parts or the entire Own Content and the Website definitively or from time to time. Neubau makes no warranties, express or implied, that its services will be uninterrupted, error-free or free of viruses or other harmful components, unless respective faults were caused by Neubau by act of gross negligence or intent.

§ 2 Contract

By entering and using the Website, the Costumer accepts the Terms and Conditions and expressly adheres to the following:
A contract for digital goods is made effective between the costumer and Neubau by placing an order.
When placing an order for physical goods, the order shall be deemed to be accepted by Neubau either upon subsequent (e-mail) acceptance of the order or by dispatching the product.

§ 3 Right to Withdrawal


A) Digital Goods
The Customer is informed about his rights of withdrawal in accordance with § 356 (5) German Civil Code (BGB) and hereby expressly consents to and accepts by placing an order:
(i) that Neubau executes the contract prior to the end of the withdrawal period; and
(ii) that the Customer forfeits his respective withdrawal rights pertaining to digital media files such as downloads or email attachments (“Digital Goods”) with execution of the contract, i.e. by starting the download.

B) Physical Goods
The following rights of withdrawal apply to Customers only who act as a consumer acc. to § 13 BGB, i.e. predominantly not for business purposes.

(1) Right of withdrawal
The Customer has the right to withdraw from the contract with Neubau within 14 days without giving any reason.
The withdrawal period will expire after 14 days from the day on which the Customers acquires, or a third party other than the carrier and indicated by the Customer acquires, physical possession of the goods.
To exercise the right of withdrawal, the Customer must inform Neubau, Paul-Lincke-Ufer 44a, 10999 Berlin, of the decision to withdraw from the contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). The Customer may use the attached model withdrawal form, but this is not mandatory.
To meet the withdrawal deadline, it is sufficient for the Customer to send the communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal

If the Customer withdraws from this contract, Neubau shall reimburse to the Customer all payments received from the Customer, including the costs of delivery (with the exception of the supplementary costs resulting from the Customer’s choice of a type of delivery other than the least expensive type of standard delivery offered by Neubau), without undue delay and in any event not later than 14 days from the day on which Neubau is informed about the Customer’s decision to withdraw from the contract. Neubau will carry out such reimbursement using the same means of payment as the Customer used for the initial transaction, unless the Customer has expressly agreed otherwise; in any event, the Customer will not incur any fees as a result of such reimbursement. Neubau may withhold reimbursement until Neubau has received the goods back or the Customer has supplied evidence of having sent back the goods, whichever is the earliest.

The Customer shall send back the goods or hand them over to Neubau, without undue delay and in any event not later than 14 days from the day on which the Customer communicates its withdrawal from the contract to Neubau. The deadline is met if The Customer sends back the goods before the period of 14 days has expired. The Customer will have to bear the direct cost of returning the goods. The Customer is only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
(2) Personalized/Customized products as well as goods on disks where the license seal is destroyed are excluded from the right to withdrawal.

§ 4 Third Party Content

Neubau shall not be liable for content in guest books, discussion forums and chats which are provided by third parties (“Third Party Content”). Any of such Third Party Content does not necessarily represent the opinions, beliefs, or positions of Neubau. Please notify Neubau to abc[at]neubauladen.com of any illegal or offensive Third Party Content.

§ 5 Privacy Policy/Data Protection

Neubau may save and process any data relating to the Customer, to the extent necessary for the purpose of the execution and implementation of the contracts and as long as Neubau is required to keep such data in accordance with applicable law.
Neubau shall not make available any personal data of the Customer to other third parties without the express consent of the Customer, except to the extent that a disclosure is required under applicable law.

§ 6 Proprietary Rights and Licences

A) Anchor Points/Vectors
All digital material included in the file archive has been manually-crafted by an expert team of Neubau. To ensure an optimal balance of file size with illustrative quality, the number of anchor points used in each illustration was kept to a minimum. Nevertheless, some very detailed vector objects (e.g. rulers, trees) contain over 120.000 anchor points.

B) Grant of Licences
All fonts and other products and digital material (“Digital Material”) are protected by proprietary rights of Neubau. The rights granted to the Customer constitute a licence and not a transfer of title. The Digital Material is available for download in return for the purchase price and may only be used by the Customer. Any use of the Digital Material is limited to the following licences. Any transfer of the Digital Material to other persons than the respective Customer who downloads the Digital Material from the Website in consideration of the purchase price must be agreed by Neubau in writing unless not covered by the following licences. Except as expressly agreed in writing by Neubau or expressly permitted by these Terms and Conditions, the Customer agrees not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute, or create derivative works based on (whether in whole or in part) the Digital Material, in whole or in part. The Customer is not allowed to assign the licences and rights granted hereunder to any third party without the written consent of Neubau.
Any breach of these licence terms would entitle Neubau to ask for damages according to applicable laws.

(1) Software


(1a) Installation and Use
The Customer may install and use a single copy of the Digital Material. The Customer may use the Digital Material for every kind of commercial and/or independent publication, electronic and/or print. The Customer may edit the Digital Material and embed it in any publications, electronic and/or print. Note that some of the objects embodied in the Neubau Archive are subject to copyrights, trademark-rights and/or other rights of individual owners of such rights, and may respectively only be used in accordance with the respective laws and/or treaties and/or with separate authorization by the individual owner of such rights. All rights remain reserved.

(1b) Reproduction and Distribution
The Customer may not reproduce or distribute copies of the Digital Material. The Customer may not make the Digital Material available for download. Copies of the Digital Material may not be distributed for profit unless by prior permission of Neubau. The Digital Material will be individualised when ordered. All forms of illegal and/or unauthorised distribution can be traced back to the original and first purchaser. Neubau hereby reserves the right to take all applicable civil and/or criminal proceedings against any illegal and/or unauthorised distribution.

(2) Typefaces, Desktop/Print Files

(2a) Installation and Use
The Customer may install and use a single copy of the Digital Material. The Customer may use the Digital Material for every kind of commercial and/or independent publication, electronic and/or print. The Customer may edit the Digital Material and embed it in any publications, electronic and/or print. Note that some of the objects embodied in the Neubau Archive are subject to copyrights, trademark-rights and/or other rights of individual owners of such rights, and may respectively only be used in accordance with the respective laws and/or treaties and/or with separate authorization by the individual owner of such rights. All rights remain reserved.

(2b) Reproduction and Distribution
The Customer may not reproduce or distribute copies of the Digital Material. The Customer may not make the Digital Material available for download. Copies of the Digital Material may not be distributed for profit unless by prior permission of Neubau. The Digital Material will be individualised when ordered. All forms of illegal and/or unauthorised distribution can be traced back to the original and first purchaser. Neubau hereby reserves the right to take all applicable civil and/or criminal proceedings against any illegal and/or unauthorised distribution.

(3) Typefaces, Webfont Files

(3a) Installation and Use
This licence grants the Customer the right for self-hosted webfont usage limited to the domain(s) specified on the Customer’s invoice. 
Please note that any webfont usage on other domains than declared, even when registered to the same person or company, is illegal.

(3b) Reproduction and Distribution
The webfont files are only to be used for designing text on a website and are not to be made accessible for direct download.
Neubau recommend using the @font-face rule in the Customer’s CSS code.
The Customer agrees to safeguard the protection of the webfont files accordingly to prevent unlicensed access or misuse by third parties. Neubau specifically recommends to mask the webfont URL using HTACCESS.

Only original, licensed WOFF, WOFF2 and EOT files purchased from Neubau are to be used. It is strictly prohibited to convert, rename or alter webfont files in any way.
 The Customer has to safeguard to specify the following comment line in the Customer’s CSS code to mark the legal use of the typeface:
/* Typeface/Webfont: NB (name of typeface) Under license from Neubau, Berlin www.neubauberlin.com. All rights reserved */

§ 6 Warranty and Liability

(1) In the event of a defect of a delivered physical good, the Customer shall be entitled to request from Neubau to repair the defect or to supply another product (as ordered) which is free from defects. Notwithstanding the foregoing, if the Customer is not a consumer, Neubau shall have the right to choose between any such remedies at Neubau’s discretion, provided that such choice shall be made by us by notice within a period of three business days following receipt of the Customer’s notice of the defect. Neubau may refuse to remedy a defective good in the manner requested by the Customer if such remedy would result in unreasonable costs. If the remedy (supplementary performance) fails or cannot reasonably be expected from the Customer or Neubau refuses to remedy the defect, the Customer shall be entitled to terminate the contract, reduce the purchase price or claim damages or frustrated expenses, in each case in accordance with applicable law.

(2) Digital Material is – after downloading – not returnable or refundable. Digital Material may be returned or exchanged only if it is defective and we are notified within 14 days of the order.

(3) Neubau shall not be liable (on whatever legal grounds) for damages which may not reasonably be foreseen, assuming a normal use of the product. Furthermore, Neubau’s liability shall be excluded for damages resulting out of a loss of data if their recovery is not possible or impeded due to a failure to perform appropriate data back-up procedures.

(4) The foregoing limitations of liability shall not apply in cases of wilful misconduct or gross negligence and – for any case – regarding injury to life, limb or health. Liability pursuant to the German Product Liability Act shall remain unaffected.

§ 7 Applicable Law and Jurisdiction

(1) Any contracts entered into between Neubau and the Customer shall be governed by the laws of the Federal Republic of Germany under exclusion of the UN Convention on the International Sale of Goods (CISG).

(2) If the Customer is a corporation, limited liability company or commercial partnership or otherwise operates a commercial business or is a legal entity or special fund organized under public law, the courts in Berlin shall have exclusive jurisdiction in respect of all disputes arising out of or in connection with the relevant contract. In all other cases, Neubau or the Customer may file suit before any court of competent jurisdiction under applicable law.

§ 8 Website Usage

Any reproduction and/or use in any manner of the entire Website and/or copyright protected parts of it (including but not limited to audio and graphic material, photos, texts, layouts etc.) is strictly prohibited if not expressly allowed otherwise by Neubau.
All content on this site is protected by copyright.

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All Rights Reserved.