1. These terms
1.1 What these terms cover. These are the terms and conditions on which we supply to you software which when used on an appropriate device generates a typeface in the Biko, Coluna or other family of typefaces for which licences are sold on our website, depending on what you have ordered. Each such item of software is referred to in these terms as “Font Software”. The particular typeface which the Font Software generates is referred to in these terms as a “Typeface”. “You” are the person or entity specified in the order form on our website that you used to place your order for the Font Software.
1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide Font Software to you, how you may use them, and other important information. If you don’t understand anything in these terms, please contact us to discuss.
1.3 Are you a business customer or a consumer? In some areas you will have different rights under these terms depending on whether you are a business or consumer. You are a consumer if:
• You are an individual.
• You are buying Font Software from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).
Please note that our Desktop/Print Licence is for use by individuals or by organisations with fewer than 50 personnel (being employees, workers and freelance independent contractors). If you are an organisation with 50 or more personnel, please contact us for a bespoke quotation – firstname.lastname@example.org.
1.4 If you are a business customer this is our entire agreement with you. If you are a business customer these terms constitute the entire agreement between us in relation to your purchase of a licence to use the Font Software. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.
2. Information about us and how to contact us
2.1 Who we are. We are Je Suis Mon Rêve, the trading name of Marco Ugolini, a sole trader established in England and Wales. Our address is 9A Peacock Yard, Iliffe St, London SE17 3LH, United Kingdom.
2.2 How to contact us. You can contact us by writing to us at email@example.com.
2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order. When we use the words “writing” or “written” in these terms, this includes emails.
3. Our contract with you
3.1 How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us. The email will be sent promptly on acceptance of order, and will contain a link through which we make the Font Software available for download by you within 48 hours. If you do not download the Font Software within those 48 hours, please email firstname.lastname@example.org and we will email the Font Software to you.
3.2 Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
3.3 Provision of the Font Software.
3.4 Compatibility The Font Software is provided in .OTF and .OFF formats (for the Desktop/Print licence) and .EOT, .WOFF and .WOFF2 formats (for the Web/Software licence). The Font Software is intended to be compatible with Apple and Windows devices as well as mainstream browsers and applications. However, given the wide range of potential devices, you should ensure in advance of purchasing your licence that the relevant formats are suitable for use in your particular environment.
4. Licence Terms.
4.1 You acknowledge that you are buying a limited licence to use the Font Software. You are not buying the rights in the Font Software. All Font Software and each Typeface remains owned by us.
4.2 We grant you a non-exclusive, non-transferable licence to use the Font Software in respect of which we accept your order, subject to these Licence Terms.
4.3 The scope of your licence to use the Font Software depends on the licence you have purchased. The scope of the different licence types is set out in our Licence Scope details. To the extent that the licence you order is specified on our website to be subject to usage limitations (for example, number of users, page impressions or software installations), these will apply to your licence to use the Font Software.
4.4 You must not disseminate the Font Software through any online means or service.
4.5 You must ensure that “Marco Ugolini, trading as Je Suis Mon Reve” is credited as the owner of the Font Software and the Typeface, in any material produced using the Font Software.
4.6 The licence is solely for the benefit of the licensee customer named in the order. If you purchase the licence as a design or advertising agency, or graphic design studio or otherwise for use by any customer you may have, the client will not obtain any right under this contract to use the Typeface or the Font Software. They must obtain their own licence from us.
4.7 If you are a business, you must ensure that your employees using the Font Software are aware of and comply with these Licence Terms.
4.8 You agree to use your best efforts to assist us in addressing any infringement of rights in the Font Software or any Typeface.
4.9 You agree that you will:
(a) not translate, adapt, customise, vary, alter or modify, the whole or any part of the Font Software;
(b) not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the Font Software nor attempt to do any such things, except to the extent that such prohibition is not permitted under laws applicable to the Font Software.
4.10 You are not authorised under these Licence Terms to use the Font Software or the Typeface for titling, credits, logos or other text exhibition or display in cinemas, motion pictures, on television and/or as a part of any work broadcast or transmitted in cinemas, on television or via the internet. Such use is subject to other terms – please email email@example.com to discuss further.
4.11 You are not authorised under these Licence Terms to use any element of any Typeface for the purposes of any trade mark (registered or unregistered), logo or indicator of the origin of any goods or services. Such use is subject to other terms – please email firstname.lastname@example.org to discuss further.
4.12 You are not authorised under these Licence Terms to use any element of any Typeface for the purposes of any ebooks. Such use is subject to other terms – please email email@example.com to discuss further.
4.13 We reserve the right to amend these Licence Terms at any time.
4.14 The Font Software and the Typefaces are copyright works in respect of which the rights are owned by us. All rights in the Font Software and the Typefaces not expressly licensed to you are hereby reserved to Marco Ugolini, trading as Je Suis Mon Rê Any use of them not in accordance with these Licence Terms is not authorised, and is likely to constitute copyright infringement.
5. If you are a Consumer – Your rights to end the contract
5.1 Exercising your right to change your mind if you are a consumer (Consumer Contracts Regulations 2013). If you are a consumer then for most digital content bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
5.2 When consumers do not have a right to change their minds. If you are a consumer, you will have a cancellation period of 14 days in which to cancel your order for any reason. However, if you decide to download the Font Software before the end of these 14 days then you will lose this cancellation right. When we deliver you the link to download the Font Software we will make it clear that by clicking on that link you are giving up these cancellation rights.
5.3 How long do consumers have to change their minds? If you are a consumer you have 14 days after the day we email you to confirm we accept your order, or, if earlier, until you start downloading.
5.4 How we will refund you. If you are entitled to a refund under these terms we will refund you the price you paid for the Font Software including delivery costs, by the method you used for payment.
6. Our rights to end the contract
6.1 We may end the contract if you break it. We may end the contract for, and your right to use, Font Software at any time by writing to you if you breach any of these terms or exceed the scope of the licence granted to you under these terms. You will not be entitled to any refund if we terminate the contract in those cases. Your licence to use the Font Software will cease on any termination of the contract, and you must destroy all Font Software supplied by us and cease their use immediately.
7. Price and payment
7.1 Where to find the price for the Font Software. The price of the licence for the Font Software (which includes any applicable VAT) will be the price indicated on the order pages when you placed your order.
7.2 When you must pay and how you must pay. We accept payment with credit or debit cards. You must pay before you can access the Font Software.
8. Our Right of Inspection
8.1 We, or an auditor appointed by us, will be entitled to access and inspect any records held by you at any premises or facilities operated or controlled by you or your agent, for the purpose of confirming your compliance with the Licence Terms. We will do so only in business hours and on reasonable notice.
9. Our responsibility for loss or damage suffered by you – If you are a consumer
9.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
9.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Font Software.
9.3 When we are liable for damage caused by defective Font Software. If defective Font Software which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation.
9.4 We are not liable for business losses. If you are a consumer we only supply the Font Software for to you for domestic and private use. If you use the Font Software for any commercial, business or re-sale purpose our liability to you will be limited as set out in clause 10.
10. Our responsibility for loss or damage suffered by you if you are a business
10.1 Nothing in these terms shall limit or exclude our liability for:
(a) death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
(b) fraud or fraudulent misrepresentation;
(c) any matter in respect of which it would be unlawful for us to exclude or restrict liability.
10.2 Except to the extent expressly stated in clause 1, all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.
10.3 Subject to clause 1:
(a) we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
(b) our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total sums paid by you for Font Software under such contract.
11. How we may use your personal information
12. Other important terms
12.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.
12.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
12.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
12.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
12.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
12.6 Which laws apply to this contract and where you may bring legal proceedings if you are a consumer. These terms are governed by English law and you can bring legal proceedings in respect of the Font Software in the English courts. If you live in Scotland you can bring legal proceedings in respect of the Font Software in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the Font Software in either the Northern Irish or the English courts. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution
12.7 Which laws apply to this contract and where you may bring legal proceedings if you are a business. If you are a business, any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.