Terms of service
1. General, Applicability, Customers, Language
(1) All offers, sales contracts, deliveries, and services made on the basis of any orders by our customers (each, a “Customer”) through the website hebstreits.com (“Hebstreits”), which is owned and operated by Hebstreit Designstudio, Zionskirchstr. 9, 10119 Berlin, shall be governed by these General Terms and Conditions of Sale (the “General Terms and Conditions”). These Terms apply exclusively to digital download products.
(2) The digital product offerings at Hebstreits are directed to both Consumers and Business Customers. For the purpose of these Terms, (I) a “Consumer” is any individual entering into the contract for a purpose not related to business, trade, or a self-employed professional activity, and (II) a “Business Customer” is an individual, company, or partnership with legal capacity who enters into the contract in the conduct of its business or professional activity.
(3) Standard business conditions of the Customer do not apply, irrespective of any objection on our part.
(4) All contracts with the Customer shall be concluded exclusively in the English language.
2. Conclusion of Contract
(1) The presentation of our digital products on Hebstreits does not constitute a legally binding offer but merely an invitation to place orders.
(2) By placing an order on the website, the Customer makes a binding offer to purchase the relevant digital product. The offer remains open for acceptance for up to three business days from the day of the offer.
(3) We will send a confirmation of receipt by e-mail without undue delay; however, such confirmation does not constitute acceptance. The contract is concluded upon our written acceptance or once the digital product is made available for download.
(4) The Customer’s right to cancel this contract is subject to the conditions set forth in Section 13.
3. Prices and Payment
(1) Our prices include the applicable statutory VAT. No shipping costs apply as the products are digital.
(2) Unless expressly otherwise agreed, payment must be made in advance via the payment methods available on our website.
(3) If alternative payment arrangements have been agreed upon, those terms will be specified in the order confirmation.
(4) The Customer shall have no right of set-off or retention except as provided by applicable law.
4. Delivery of the Digital Product
(1) Upon receipt of full payment, we will make the digital product available for download via a secure link provided to the Customer’s e-mail address or through their user account on the website.
(2) The digital product becomes available for download immediately after the order is processed. Should any delay occur, we will inform the Customer accordingly.
(3) Access to the digital product is provided solely via the download link or user account and is governed by these Terms and our licensing conditions.
5. Access and Use of the Digital Product
(1) Once the digital product is made available for download, the Customer is deemed to have received the product.
(2) The Customer is granted a non-exclusive, non-transferable license to use the digital product for personal or commercial purposes as specified by the type of license purchased, subject to the restrictions set forth in our licensing terms.
(3) Redistribution, resale, or sharing of the digital product in any form is strictly prohibited unless expressly permitted by the applicable license.
6. Cancellation and Withdrawal Rights
(1) Cancellation Condition: Due to the digital nature of our products, the right to cancel (or withdraw from) the contract is limited. The Customer may cancel the contract within 14 days, provided that the digital product has not been downloaded, or if it has been downloaded, it has not been used in any design or published in any way.
(2) Once the digital product is downloaded and used in any form, the right to cancel and obtain a refund is forfeited.
(3) To exercise the right of cancellation, the Customer must notify us in writing (see Section 13) before any use of the digital product occurs.
7. Warranty
(1) In the event of a defect in the digital product, the Customer may request a replacement file or a corrected version of the product.
(2) The warranty period for digital products is 14 days from the date the product is made available for download.
(3) If the remedy provided under this Section fails, the Customer may terminate the contract and, if eligible under Section 6, claim a refund.
(4) Business Customers must notify us of any defects within five business days of the product’s availability.
8. Intellectual Property Rights, Licensing
(1) Hebstreits offers various types of licensing for its digital products, including Standard One Time Use, Royalty Free, and Extended licenses. Details on the permitted uses and restrictions for each license type are provided on our website.
(2) The digital product and all associated intellectual property rights remain the property of Hebstreit Designstudio. Purchase of a digital product only grants the license to use it in accordance with the applicable license.
9. Liability
(1) Our liability for issues arising from the digital product, including any delays or unavailability, is limited to 10% of the aggregate purchase price (including VAT), except in cases of willful misconduct or gross negligence.
(2) We are liable only for direct damages that are foreseeable and typical in contractual relationships. We are not liable for any indirect or consequential damages, including any loss of data.
(3) We do not guarantee uninterrupted or error-free access to our digital products.
10. Data Protection
(1) Hebstreits may collect and process data relating to the Customer as necessary to execute and implement the contract, in compliance with applicable law.
(2) We do not disclose personal data to third parties without the Customer’s express consent, except as required by law.
(3) Please refer to our Privacy Policy for further details regarding the processing of personal data.
11. Applicable Law and Competent Courts
(1) Any contract entered into between Hebstreits 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) For Customers residing in an EU member state, German law applies unless it conflicts with mandatory rules of the Customer’s jurisdiction.
(3) Venue for any disputes is Berlin, Germany. The courts of Berlin shall have exclusive jurisdiction.
12. Final Provisions
(1) This Agreement constitutes the entire agreement between Hebstreits and the Customer regarding the subject matter hereof and may only be amended by a written amendment signed by an authorized representative of Hebstreits or by posting a revised version on our website.
(2) Should any individual provision be found invalid, the remaining provisions shall remain in full force. The parties shall replace the invalid provision with one that most closely reflects the original commercial intent.
13. Annex – Information on the Right of Cancellation/Withdrawal
(1) Right of Cancellation/Withdrawal
Consumers have the right to cancel this contract within 14 days without giving any reason, subject to the condition that the digital product has not been downloaded, or if downloaded, has not been used in any design or published in any form. The cancellation period expires 14 days from the date the digital product is made available for download.
To exercise the right of cancellation, the Customer must notify:
Hebstreit Designstudio
Zionskirchstr. 9
10119 Berlin
E-Mail: [email protected]
by an unequivocal statement (e.g., a letter sent by post or email).
(2) Effects of Cancellation/Withdrawal
If the Customer cancels the contract in accordance with Section 13(1) and the digital product has not been used in any design or published, we shall refund all payments received (including applicable VAT) within 14 days of notification. If the digital product has been used in any way, the right to cancel and receive a refund is forfeited.
(3) Additional Instructions
If you have any questions regarding your right of cancellation, please contact us at the above e-mail address.