1. Scope

These General Terms and Conditions (referred to as “Terms”) apply to all business transactions conducted through the online shop operated by LIT Create GmbH (referred to as "Fuego Fonts)", Rosa-Luxemburg-Str.17, 10178 Berlin, registered at Amtsgericht Charlottenburg under HRB 210595 B, VAT number: DE326566783, hereinafter referred to as “we”, “our”, or “us”.

Our online shop is operated via the platforms Webflow and Fontdue, which provide the technical infrastructure for our website, online ordering, and payment processing. The contractual partner remains LIT Create GmbH.

These Terms apply exclusively to business customers within the meaning of Section 14 of the German Civil Code (BGB). Contracts with consumers within the meaning of Section 13 BGB are not concluded.

Unless expressly agreed otherwise, we do not recognize any terms and conditions of the customer that deviate from or supplement these Terms. These Terms also apply to all future business relations, even if not expressly agreed again.

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2. Contracting Parties and Formation of Contract

A contract is formed between the customer (“Licensee” or “Customer”) and Fuego Fonts.

The presentation of products in our online shop constitutes a binding offer to enter into a contract for the respective items. Products may be placed in the shopping cart without obligation and entries may be modified before submitting a binding order.
By clicking the “Order” button, the Customer accepts our offer and agrees to these Terms and the applicable End User License Agreement (“EULA”).

The purchase and licensing process is carried out fully automatically through our online shop system. Order confirmations and invoices are generated electronically. No manual review or approval is required for the conclusion of a standard license contract.  For custom or extended licenses, invoices may be issued manually.

An order confirmation will be sent immediately by e-mail.
The language available for the conclusion of contract is English.

The General Terms and Conditions of Fuego Fonts can also be accessed from our website at any time.

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3. Subject Matter of the Contract

The subject matter of these Terms is the acquisition of digital typefaces (“Fonts”) provided by Fuego Fonts. The service is limited to the delivery of a copy of the Fonts by means of a digital download. Any installation, integration, or technical implementation of the Fonts on the Customer’s systems is not included in our performance.

All Fonts are protected by copyright and remain the intellectual property of Fuego Fonts. The rights of use are governed exclusively by the EULA applicable to the purchased license type (e.g., Desktop, Web, App, Trial, etc.).

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4. Grant of Rights and Payment

The rights of use (licenses) granted under the EULA become effective only upon full payment of the applicable license fee. Until payment is received in full, any use of the Fonts beyond temporary evaluation or testing is not permitted.

We retain all ownership, intellectual property, and copyright in and to the Fonts at all times. No transfer of ownership of the Fonts or their design occurs through this agreement — only the limited license rights as defined in the EULA.

Payment is due immediately upon conclusion of the contract and may be made via the methods offered in the shop, typically Stripe.  All prices are in Euro (EUR) and are net prices exclusive of value-added tax (VAT), unless otherwise stated. VAT is applied according to the Customer’s place of business and shown on the invoice.

Invoices are issued electronically and sent by e-mail.

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5. Delivery of Digital Products

Delivery is made exclusively by providing the Customer with a download link. The Fonts are not delivered physically.

The digital download link is generated automatically after payment is completed and provided via our technical provider Fontdue.

The Customer is responsible for storing and archiving the downloaded files; we are not obliged to maintain permanent download availability.

Delivery is deemed fulfilled once the download link has been made available to the Customer.

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6. Exclusion of Withdrawal  

As our online shop is directed exclusively at business customers, no statutory consumer rights under the German Civil Code (BGB), such as the right of withdrawal (§ 312g ff BGB), are applicable.

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7. Warranty and Liability

The Customer shall inspect the provided products immediately upon receipt and notify us of any defect without undue delay (§ 377 HGB). In the event of a defect we may, at our discretion, remedy the defect by repair or replacement.  

Warranty and liability are excluded except in cases of intent, gross negligence, injury to life body or health as well as under the German Product Liability Act.  

Claims for defects expire one (1) year after delivery or provision of access.

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8. License Compliance

Customers must comply with the scope of use defined in the applicable EULA.

License metrics such as the number of users, domains, or page views are determined based on the Customer’s self-declaration at the time of purchase.
The Customer is obliged to provide accurate information and to update it if circumstances change.
We reserve the right to request confirmation or adjustment if we have reason to believe that usage exceeds the purchased license scope.

In case of unlicensed or excessive use, we may require an appropriate license upgrade.

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9. Assignment

This contract and the rights granted under it may not be assigned or transferred without our prior written consent.

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10. Force Majeure

Neither party shall be liable for delays or failures caused by circumstances beyond its reasonable control.

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‍‍11. Intellectual Property Claims

If a third party asserts a claim that the Fonts infringe intellectual property rights, we may, at our discretion:
(a) obtain a right of continued use for the Customer,
(b) modify or replace the Fonts to eliminate the infringement, or
(c) terminate the license and refund the license fee.

Further claims are excluded, except in cases of intent, gross negligence, injury to life, body, or health, or breach of essential contractual obligations.

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12. Order of Precedence

In the event of any inconsistency between these Terms and the EULA, the EULA shall prevail with respect to the scope and conditions of use of the Fonts.  

For all other matters, including ordering, payment, governing law, and jurisdiction, these Terms shall prevail.

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13. Governing Law and Jurisdiction

These Terms and all contracts concluded under them are governed by German law, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).  If the Customer is a merchant (“Kaufmann”) within the meaning of the German Commercial Code (HGB), a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction is Berlin, Germany.

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14. Final Provisions

If any provision of these Terms is or becomes invalid, the remaining provisions remain unaffected. Insofar as the provisions have not become part of the contract or are invalid, the law shall apply to the content of the contract.

We reserve the right to amend these terms and conditions

- if we are required to do so due to a change in the legal situation  
- to the extent that the amendment complies to a court judgement or administrative decision that is directed against Fuego Fonts  
- to the extent that Fuego Fonts is offering entirely new services that do not change the existing contractual relationship to the detriment of the customer  
- if the change is only beneficial for the customer  
- if the change is purely technical or procedural and has no significant impact on the customer.

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These General Terms and Conditions may be amended at any time by agreement of both parties in text form.

The version valid at the time of the order shall apply.