Terms & Conditions
CONDITIONS OF USE
Welcome to KOBU Foundry!
This website belongs to KOBU – Agência Criativa Digital, Lda, company registered under both company and tax-payer number 513240772, based in Rua Vasco da Gama, nº 21, 2º Frente, 8000-406 Faro, Portugal, hereinafter referred as KOBU.
KOBU provides font software and services subject to the following conditions.
KOBU retains the right to refuse any request made by you and reserves the right to close your KOBU account at its sole discretion.
KOBU only provides goods and services to adults (aged 18 or over). If you are under 18, you may use our website only with the involvement of a parent or guardian. By placing an order with us you confirm that you are of legal age.
KOBU strives to be as accurate as possible. However, KOBU does not guarantee that font descriptions or other contents of this website are continuously accurate, complete, reliable, current, or error-free.
PLACING AN ORDER AND PAYMENT TERMS
When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order. This email will only be an acknowledgement and will not constitute acceptance of your order. A contract between you and KOBU for the purchase of the fonts will not be formed until your payment has been approved by us and we have debited your credit or debit card. Upon successful payment, the corresponding License Agreement issued for the acquired fonts will be attached to the receipt sent through e-mail.
Whilst we try and ensure that all details, descriptions and prices which appear on this website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the fonts, you will receive a full refund. Where applicable, prices are inclusive of VAT. If you provide a VIES-valid VAT number, you may be subject to VAT exemption due to the reverse charge mechanism.
Upon receiving your order, we carry out a standard pre-authorization check on your payment card to ensure there are sufficient funds to fulfil the transaction. Fonts will not be made downloadable until your credit card is debited and the order has been accepted.
RETURNS AND REFUNDS TERMS
The fonts sold through this website can be exchanged if defective. If you do not agree to these terms and wish to claim a refund you must (1) certify that no copy of the Font(s) remains in your possession or control and (2) provide proof of a valid sale and a valid sales receipt. All claims must be made within two weeks of purchase.
The refunds will be made to the credit or debit card used to purchase or via bank transfer.
In case you detect any bugs or malfunctioning with the fonts acquired through this website, you can contact KOBU to our Customer Support and we will make sure to implement the necessary updates to solve the issue. You will be informed upon completion so that you may proceed to a new download from your Account’s Dashboard.
Except for payment obligations, neither party will be liable to the other for any failure to meet its obligations due to any Force Majeure event. “Force Majeure” is an event beyond the reasonable control of the non-performing party and may include but is not limited to: fires, earthquakes, floods, tropical storms, hurricanes, tornadoes, severe weather conditions, or any other acts of God; labor strikes or lockouts; riots, strife, insurrection, civil disobedience, landowner disturbances, armed conflict, terrorism or war, declared or not (or impending threat of any of the foregoing, if such threat might reasonably be expected to cause injury to people or property); or (g) shortages or inability to obtain materials or components. If a Force Majeure event causes a delay, then the date of performance will be extended by the period of time that the non- performing party is actually delayed or for any other period as the parties may agree in writing.
KOBU holds the intellectual property rights of the fonts sold through this website and shall continue sole owner of all its intellectual property rights. The fonts are protected by international copyright laws and you will be duly accountable for any breach of contract and non-compliance with the law.
KOBU is a trademark. All content included on this website, such as text, graphics, logos, images, is the property of KOBU or its content suppliers and protected by international copyright laws.
WEBSITE POLICIES AND MODIFICATIONS
APPLICABLE LAW AND COMPETENT JURISDICTION
These Terms and Conditions, all purchases and any dispute of any sort that may arise between you and KOBU shall be interpreted and governed in accordance with the Portuguese legal framework.
All dispute shall be submitted to the competent court of law of the district of Faro, Portugal, with express waiver to any other.
We do not engage in out-of-court settlements before consumer arbitration bodies. However, with accordance with Regulation (EU) 524/2013, you may access http://ec.europa.eu/consumers/odr/, a platform for online dispute resolution.