General Terms and conditions

1. Scope

1.1 These general terms and conditions apply to all orders placed by customers via the online store www.eScubra.com c/o Lorenz Sommer, Mattenweg 2, 4415 Lausen, Switzerland hereinafter referred to as escubra.com.

1.2 With the confirmed order, these general terms and conditions are considered as accepted by the customer.

1.3 escubra.com is an e-commerce platform where goods are presented to consumers, from local storages but as well from different external platforms and merchants by synchronization.

As part of its core mission and the services it provides to its users, escubra.comhas a strict policy against the listing or sale of products that violates a third-party’s copyright, trademark, or other rights. In connection with this policy, escubra.com is committed to providing ways for third parties to notify escubra.com of instances of alleged violations of their intellectual property rights. escubra.com also reserves its rights to block access or remove materials that it believes in good faith to be in violation of third-party rights, and further to remove or discontinue service to merchants who repeatedly violate those rights.

See section 13 for more information regarding intellectual property, how authorized parties may submit notices to escubra.com with allegations of intellectual property violations, and information on how escubra.com merchants can respond when their listings or accounts are affected by such allegations. Please note that any report made to escubra.com must be made with a good faith belief, sworn under penalty of perjury, that the material identified violates valid and subsisting intellectual property rights.

2. Offer and conclusion of contract

2.1 The presentation of the products in the online store does not constitute a legally binding offer, but an invitation to order.

2.2 By clicking the button (Buy), the customer places a binding order of all products listed on the order page.

2.3 Immediately after receipt of the order escubra.com confirms the order by e-mail. The purchase contract is concluded immediately for digital goods, for physical goods by their delivery.

3. Prices and shipping costs

3.1. The prices listed on the product page are inclusive of VAT and exclusive of other price components (postage, packaging) and are in the currency displayed. The exact shipping costs are displayed to the customer in the ordering process.

3.2 Further taxes and costs do not apply (with the exception of customs duties for deliveries abroad).

3.3 The Provider reserves the right to change the prices at any time. For the customers, the prices published on the website on the order date apply.

4. Delivery conditions

4.1 The delivery takes place worldwide.

4.2 The delivery time for locally available physical goods is between 5 and 10 business days within the EU incl. Switzerland & Liechtenstein, unless otherwise stated in the offer. For physical goods not in stock or worldwide delivery, the delivery time can be between 1 and 2 months. If a longer delivery time is necessary, the customer will be informed after this time at the latest. If no information is provided, the customer is entitled to waive the delivery.

4.3 If not all ordered products are in stock, escubra.com is entitled to partial deliveries.

4.4 If the delivery of the goods fails due to the client’s fault despite three delivery attempts, escubra.com can withdraw from the contract. Any payments made will be refunded immediately.

5. Terms of payment

5.1 Payment is made for customers via stripe.com which supports all common digital payment methods.

5.2 In case of payment via stripe.com, the debit of the customer’s account takes place at the time of the order.

5.3 A set-off with counterclaims of the customer that are not recognized or not legally established is excluded.

5.4 The customer may only exercise a right of retention insofar as the claims are based on the same contractual relationship.

6. Retention of title

The goods remain the property of escubra.com until full payment. Before the transition of ownership, a pledge, transfer by way of security, processing or redesign without the consent of escubra.com is not allowed.

7. Right of withdrawal

7.1 Customers have the right to revoke the contract declaration within 14 days after receipt of the goods. The revocation must be sent to escubra.com in writing by form. For the observance of the deadline, the date of dispatch of the revocation is decisive. A justification of the revocation is not required.

7.2 The exercise of the right of withdrawal leads to the conversion of the purchase contract into a return relationship, after which the services received under the purchase contract must be returned. The client must return the received goods with the original packaging to escubra.com within 14 days after the declaration of revocation. The costs for the return are to be paid by the client.

7.3 After receipt of the goods, the purchase price, if already paid, will be refunded to the client immediately. A deduction of the purchase price to be refunded for possible damage or excessive wear of the goods is reserved. No deduction will be made if the loss of value is due to handling of the goods necessary to determine the nature, condition and functionality of the goods. escubra.com may refuse the refund until the goods have been returned or until the customer has provided proof that he has returned the goods, whichever is earlier.

7.4 The right of withdrawal is excluded for the following items:

Individual company solutions, which are clearly tailored to the personal needs of the customer
Digital content, whose execution takes place simultaneously with the order and which is not delivered on physical media
Services that have already been fully performed or whose performance has already begun
Goods related to hygiene, such as linen, health and personal care items.
Only regular priced items can be refunded. Sale items cannot be refunded.

8. Warranty and liability

8.1 escubra.com warrants that the goods comply with the warranted characteristics, do not have any defects affecting their worth or suitability for the intended use and comply with the prescribed performance and specifications. escubra.com reserves the right to remedy an existing defect or to deliver a defect-free item in the sense of a rectification or replacement delivery.

8.2 The buyer has to check the delivered goods as soon as possible and report defects immediately. You can reach our responsible customer service by filling out the form.

8.3 If rectification or subsequent delivery fail, the customer is entitled to withdraw from the contract. This does not apply to insignificant defects. A right of the customer to a reduction is excluded.

9. Contract duration, authorizations and cancellation for subscriptions

Subscriptions are concluded for a fixed term. Unless otherwise agreed, each subscription entitles one natural person to unrestricted use of the purchased digital products during the term of the contract. After expiration of the term, the access authorization and license expires automatically.

10. User Accounts / Passwords / Confidentiality

You are responsible for tracking all activity under your User Accounts, and you agree to:

(a) maintain the security of all passwords and usernames,
(b) notify escubra.com immediately of any unauthorized uses or other breaches of security, and
(c) accept full responsibility for the activities that occur under your User Accounts. escubra.com reserves the right to monitor downloads and user activity to ensure compliance with the terms of this Agreement. If escubra.com determines that you are in violation of this or any other provision of this Agreement, escubra.com may terminate access to your account and take further legal action.

11. License

11.1 How Licensing Relates to Copyright Protection, Ownership, and Infringement.

Every file you download from escubra.com is automatically licensed. This license allows you to use your purchased media and software in a variety of applications. You do not own the file, but you have the right to use it. The license can be limited in time by a subscription.

If you use a file in a project without first licensing it, you infringe copyright and may be held liable

11.2 Grant of rights

Subject to full payment of the agreed License Fee, escubra.com grants the Buyer the non-exclusive right to use the acquired file (as identified on the respective invoice) in accordance with the applicable license.

All rights granted are non-transferable and non-sublicensable with the exception outlined in section 11.4 Agency Clause. All uses not expressly defined in the License are reserved to escubra.com (e.g. on-demand print products, art prints, website templates, design templates; exclusive rights).

11.3. Single-Seat and Multi-Seat

If the License is acquired by a natural person, the License is limited to a single-seat use, which means that only the Buyer can use the file. If the License is acquired by a legal entity such as a company or organization, multi-seat use is included. This means that in a company or organization, multiple persons may use the file on behalf of this company or organization (and not the company group or parent company), provided that they are contractually bound to comply with these License Terms.

11.4. Agency Clause.

If the Buyer is an advertising, creative, design, branding or communication agency (“Agency”), who acquires the License on behalf of its customer (“End Client”), the Agency is entitled to assign the licensed rights to such End Client, subject to the conditions outlined below. The same shall apply in the event a Buyer purchases a license on behalf of its employer.

the name (legal entity) of the End Client must be communicated to escubra.com;
the Buyer shall be prohibited to charge the End Client more than the License Fee paid to escubra.com;
the Agency is liable with regard to any breach of these License Terms by the End Client; d) the Agency may not use the Image for own purposes or for any other customer. The Agency expressly acknowledges and agrees that it must acquire a new license for each additional customer.

11.5. Revocation of a license

escubra.com may revoke a License for an file which becomes subject to a claim of infringement of third-party rights. escubra.com will notify the Buyer and the Buyer (or the End Client if applicable) shall immediately cease any further use at its own expense and uninstall/delete any copies and ensure to instruct the End Client respectively. escubra.com will offer to provide the Buyer with a replacement file free of charge within 14 days or revoke & refund.

11.6 Termination.

In case of a payment default or breach of these License Terms by the Buyer (or the End Client as applicable), the License will terminate automatically, and all rights granted will cease immediately without notice and revert to escubra.com. Upon termination, Buyer must immediately stop using the file, uninstall/delete the file from all data carriers and databases, and inform and oblige the End Client accordingly. The Buyer shall confirm execution of these actions to escubra.com without undue delay. All statutory rights under applicable laws shall remain unaffected.

11.7 Editorial License for Media-Files

You can use Editorial License for Media-Files for educational purposes or to enhance or illustrate your media in any print or digital publications (to accompany articles, as part of graphics within the media, etc.).

The editorial content cannot be used to sell, promote, or monetize a business, product or service. It can contain logos, business names and recognizable people without model releases. Any commercial or for-profit usage is prohibited!

Unless otherwise agreed, escubra.com grants rights for the following uses-cases:

INCLUDED:

Non-commercial use for non-profit Worldwide
- Digital Rights for Editoral use: Use the Media-File on websites, newsletter, blogs, or social media, in video clips (YouTube, TikTok, Vimeo etc.)‍ as editorial content or for educational purposes
- Print Rights for Editorial use: Use the Media-File in print publications as newspaper, books, magazines, booklets (limited to 500,000 copies), indoor and outdoor out-of-home displays (OOH)
Editorial Use
- To enhance or illustrate your media
- For educational purposes
- For digital presentation and training material
Editing Rights
- Cropping
- Color Adapting

EXCLUDED:

Resell, transfer or sublicense the Media-File to any third party (natural person or legal entity; exception: Agencies, see section 11.4)
Use media files in conjunction with an immutable digital file intended for sale or other distribution (such as a “Non-Fungible Token”).
Merchandising Rights (e.g. use the Media-File as an element of a product or its packaging, on-demand products or art prints)
Broadcasting rights, TV or film production
Website templates, design templates, electronic templates, logos, trademarks, service marks, corporate IDs or other indication of origin
use the media-file in an illegal, offensive, defamatory, racist or pornographic manner or in violation of any applicable laws, regulations and industry codes
use an Image and any media-file information for any machine learning or other artificial intelligence purposes
Exclusive Rights

The media file should meet the following criteria:

Document a newsworthy story or event / Illustrative editorial content creatively tells a story, idea, or concept that could be used to illustrate news, current events, or a subject of human interest
Not have the subjects posed or movements directed by the photographer. A posed family portrait that does not have signed releases, for example, does not qualify as documentary editorial
Not be altered in post-production (cropping, exposure adjustments and conversion to black and white are acceptable)
Have a proper editorial caption including location, date, and a factual description of the event, preferably in this format: CITY – DATE: Description of scene.
Convey a concept or tell a story
Not isolate a brand name or logo (logo fills the entire frame)
Not contain an isolated packaged toys or figurines

11.8 Commercial License for Media-Files

This Content can be used to commercialize, monetize, sell, promote, and advertise a product, business or service. Unless otherwise agreed, escubra.com grants to Licensee for the following uses:

INCLUDED:

Non-commercial and commercial use Worldwide
- Digital Rights and Advertising Rights : Use the Media-File on a website, newsletter, blogs, or social media, in video clips (YouTube, TikTok, Vimeo etc.)‍ and as well for advertisement
- Print Rights and Advertising Rights: Use the Media-File in print publications as newspaper, books, magazines, booklets, billboards, ads, flyer (limited to 500,000 copies), indoor and outdoor out-of-home displays (OOH)
Includes Editorial Use
- To enhance or illustrate your media
- For educational purposes
- For digital presentation and training material
Editing Rights
- Full edits rights

EXCLUDED:

Resell, transfer or sublicense the Media-File to any third party (natural person or legal entity; exception: Agencies, see section 11.4)
Use media files in conjunction with an immutable digital file intended for sale or other distribution (such as a “Non-Fungible Token”).
Merchandising Rights (e.g. use the Media-File as an element of a product or its packaging, on-demand products or art prints)
Broadcasting rights, TV or film production
Website templates, design templates, electronic templates, logos, trademarks, service marks, corporate IDs or other indication of origin
use the media-file in an illegal, offensive, defamatory, racist or pornographic manner or in violation of any applicable laws, regulations and industry codes
use an Image and any media-file information for any machine learning or other artificial intelligence purposes
Exclusive Rights

The media file should meet the following criteria:

Permission from every recognizable person in the image in the form of a signed and valid model release which allows the photographer (filmmaker or illustrator) to license the content commercially
Signed and valid property releases, if applicable, for recognizable private property, artwork, graffiti, and tattoos granting permission from the property owner to commercially license the content (read more about property releases for the specifics on when they are needed and what information is required)
No visible trademarks, company names or logos be present in the content
That the image is free of any intellectual property infringements
That the location, object, or event is not restricted

11.9 Extended License for Media-Files

If you need an extended licence rights that are not covered by (“Editorial License for Media-Files“) or (“Commercial License for Media-Files“) please contact us by our form.

11.10 Restricted use ; The Licensee may not:

use the media-file in any other way or form than expressly set forth in these License Terms or the media-file Licensing Agreement;

use the media-file in an illegal, offensive, defamatory, racist or pornographic manner or in violation of any applicable laws, regulations and industry codes, e.g. for protection or sports content. I any case of sensitive uses of media-file that feature models or property in a context which a reasonable person would likely consider as unfavourable, embarrassing or unduly controversial (e.g. fake stories, dating agencies, political parties etc.), the Licensee must prominently indicate that the media-file is being used for illustrative purposes only and that the depicted person is a model.
provide third parties with access to the media-file (including in form of a standalone digital file);
use an Image and any media-file information (captions, keywords, location tags, and other metadata) for any machine learning or other artificial intelligence purposes; or falsely represent the original copyright owner of the Image
use media files in conjunction with an immutable digital file intended for sale or other distribution (such as a “Non-Fungible Token”).

12. Copyright

Content and structure of the products published by escubra.com and the entire internet presence are protected by copyright. The use of contributions and working aids for personal use by the client is permitted, however, a complete or partial commercial distribution requires the express consent of escubra.com.

13. Intellectual Property and Brand Protection Policy

13.1 Copyright Policy Overview

A copyright protects original works of authorship that are “fixed” in some permanent or semi-permanent medium. It can cover everything from literary works to artistic works, music to movies, architectural designs to computer software. The duration of copyrights depends on several factors, including when the original work was created, where, and by whom. The owner of a copyright can prevent third parties from copying, displaying, distributing, creating derivative works from, and publicly performing the protected works without authorization from the copyright owner.

Using a third party’s copyrights without proper authorization is a direct violation of escubra.com’s policies. Accordingly, if escubra.com were to learn of such unauthorized use, escubra.com reserves its right to remove such listing in its own discretion and without notice to the merchant.

In addition to the above, if you are a rights owner with valid copyright rights or are authorized by the copyright owner to act on its behalf, you may report the allegedly infringing listings, as outlined by the Digital Millennium Copyright Act (“DMCA”), via escubra.com’s our contact form or as set out below in “Details on the DMCA Notice Process.” In accordance with the DMCA, escubra.com reserves the right to (1) block access to or remove material that escubra.com believes in good faith to be copyrighted material that has been used without permission, and (2) remove and discontinue service to repeat offenders.

13.2 Details on the DMCA Notice Process

Please send a notice of claimed copyright infringement by filling out escubra.com’s Report Violations online form or by providing the following information to escubra.com’s Designated Agent at: www.eScubra.com c/o Lorenz Sommer, Mattenweg 2, 4415 Lausen, Switzerland

Any such notice of claimed infringement must include the following information:

A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
Identification of works or materials being infringed;
Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that comis capable of finding and verifying its existence;
Contact information about the notifier including address, telephone number and, if available, email address;
A statement that the notifier has a good faith belief that the material identified in this form is not authorized by the copyright owner, its agent, or the law; and
A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.

Upon receipt of a proper notice of copyright infringement, escubra.com reserves the right to:

remove or disable access to the infringing material;
notify the content provider who is accused of infringement that comhas removed or disabled access to the applicable material; and
terminate such content provider’s access to the Services if it is a repeat offender (see Repeat Infringer Policy) or as otherwise stated in com’s policies.

13.3 Details on the DMCA Counter-Notice Process

If the content provider believes that the material that was removed (or to which access was disabled) is not infringing, or the content provider believes that it has the right to post and use such material from the copyright owner, the copyright owner’s agent, or, pursuant to the law, the content provider, may send us a counter-notice containing the following information to escubra.com’s Designated Agent at www.eScubra.com c/o Lorenz Sommer, Mattenweg 2, 4415 Lausen, Switzerland

Any such counter-notice to a claim of infringement must include the following information:

A physical or electronic signature of the content provider;
Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;
A statement under penalty of perjury that the content provider has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and
Content provider’s name, address, telephone number, and, if available, email address, and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider’s address is located, or, if the content provider’s address is located outside the United States, for any judicial district in which comis located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the escubra.com’s Designated Agent, escubra.com will send a copy of the counter-notice to the original complaining party informing that person that escubra.com may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider accused of committing infringement, the removed material will be replaced or access to it restored in as early as 10 but not more than 14 business days of escubra.com’s receipt of the counter-notice.

13.4 Report an Intellectual Property (“IP”) Violation

If you believe your copyrights are being violated as outlined in the policies identified above, please get in touch with us by our contact form.

13.5 Trademark Policy

A trademark is any word, symbol, phrase, design, or other indicia that serves to identify and distinguish the source of the goods or service of one party from those of another party. Some examples of trademarks are brand names, logos, and slogans. Trademarks generally are meant to protect consumers from being confused as to the source of a good or service, though they can sometimes also protect the value of companies’ own brands in the marketplace. Trademarks may be registered with each jurisdiction’s regional trademark office.

Using a third party’s trademarks without proper authorization is a direct violation of escubra.com’s Merchant Policies, Merchant Terms of Service, and various other escubra.com policies. Accordingly, if escubra.com were to learn of such unauthorized use, escubra.com reserves its right to remove such listing in its own discretion and without notice to the merchant.

Similarly, if you are a rights holder with a registered trademark, or are authorized by the trademark owner to act on its behalf, you may report the allegedly infringing listings via escubra.com’s contact form. Upon receipt of your report, escubra.com’s Brand Protection Team will promptly investigate the listing and remove it when appropriate.

If you believe your trademark rights are being violated as outlined in the policies identified above, please get in touch with us by our contact form.

13.6 Counterfeit Policy

Counterfeit products generally are fake or unauthorized copies of real products, which often are of lesser quality than authentic goods. They often contain identical or near-identical copies of a company’s brand, logo, or other identifying features, and therefore can often violate a rights-holder’s various intellectual property rights.

Listing for sale counterfeit products is a direct violation of escubra.com’s Merchant Policies, Merchant Terms of Service, and various other escubra.com policies. Accordingly, if escubra.com were to learn of such unauthorized use, escubra.com reserves its right to remove such listing in its own discretion and without notice to the merchant.

Similarly, if you are a rights holder that detects potential counterfeit items, or are authorized by the rights owner to act on its behalf, you may report the allegedly counterfeit listings via escubra.com’s contact form. Upon receipt of your report, escubra.com’s Brand Protection Team will promptly investigate the listing and remove it when appropriate.

If you believe your rights are being violated as outlined in the policies identified above, please get in touch with us by our contact form.

13.7 Patent and Community Design Policy

A patent is a form of intellectual property right that protects an invention against unauthorized reproduction, use, copying, or sale. Patents may cover manufactured items, machines, designs, and various other items or processes. Patents may be registered with each jurisdiction’s regional patent office.

A community design is a form of intellectual property specific to the European Union. The European Union’s regulation defines a “design” as “[t]he appearance of the whole or a part of a product resulting from the features of, in particular, the lines, contours, colours, shape, texture and/or materials of the product itself and/or its ornamentation.”

Offering a product for sale that is found to infringe upon a third party’s patents or community design is a direct violation of escubra.com’s Merchant Policies, Merchant Terms of Service, and various other escubra.com policies. Accordingly, if escubra.com were to learn of such unauthorized use, escubra.com reserves its right to remove such listing in its own discretion and without notice to the merchant.

Similarly, if you are a rights holder that detects potential violations of your patent or community design rights, or are authorized by the rights owner to act on its behalf, you may report the allegedly infringing listings via escubra.com’s contact form. Upon receipt of your report, escubra.com’s Brand Protection Team will promptly investigate the listing and remove it when appropriate.

If you believe your patent rights are being violated as outlined in the policies identified above, please get in touch with us by our contact form.

13.8 Right of Publicity Policy

The right of publicity is the right of a person to control how his or her name, image, likeness, or other identifiable feature (each a “publicity right”) is used in a commercial setting. In some locations these rights expire upon the death of the individual, but in others these may continue for some time post mortem. The laws regarding these rights are specific to the locations in which the person lived, died and/or had some other connection.

Using a third party’s publicity rights without proper authorization is a direct violation of escubra.com’s Merchant Policies, Merchant Terms of Service, and various other escubra.com policies. Accordingly, if escubra.com were to learn of such unauthorized use, escubra.com reserves its right to remove such listing in its own discretion and without notice to the merchant.

Similarly, if you are a rights holder that detects potential violations of your publicity rights, or are authorized by the rights owner to act on its behalf, you may report the allegedly violative listings via escubra.com’s contact form. Upon receipt of your report, escubra.com’s Brand Protection Team will promptly investigate the listing and remove it when appropriate.

If you believe your publicity rights are being violated as outlined in the policies identified above, please get in touch with us by our contact form.

13.9 Repeat Infringer Policy

escubra.com takes measures to identify and take action against merchants who are alleged to repeatedly infringe on the intellectual property rights of others. Repeat infringers are subject to the following actions by escubra.com, among others:

Certain accesses and account privileges may be revoked or limited
Monetary fines may be issued
Access to content generated by the repeat infringer may be removed temporarily or permanently from the Services
Merchant accounts may be temporarily or permanently suspended

14. NFT Terms

Only limited personal non-commercial use and resale rights in the NFT are granted and you have no right to license, commercially exploit, reproduce, distribute, prepare derivative works, publicly perform, or publicly display the NFT or the music or the artwork therein. All copyright and other rights are reserved and not granted.

15. Limitation of Liability

escubra.com excludes liability for slightly negligent breaches of contract. The same applies to breaches of contract by auxiliary persons and substitutes. escubra.com assumes no responsibility for errors that do not lie within its area of responsibility, namely with operators of telecommunications services, the hosting provider or other third-party service providers. escrubra.com shall not be liable to you or any other person or entity for any lost profits, puntitive damages, special or incidental damages (including, without limitation, under U.S. Law), indirect, consequental or other similar damages, costs or losses arising in connection with this agreement, even if escubra.com has been advised of the possibility of such damages, costs or losses. Some Jurisdictions do not allow to exclusion or limitation of implied warranties or liability.

16. Jurisdiction and applicable law

The contractual relations between the client and escubra.com are subject to Swiss substantive law, excluding the United Nations Agreement on the International Sale of Goods of April 11, 1980. The ordinary court in Baselland has jurisdiction over any disputes arising from this contractual agreement.

17. Final provisions

If parts of these general terms and conditions should be invalid, this shall not affect the validity of the remaining provisions. Instead of the invalid provisions, the relevant statutory provisions shall apply mutatis mutandis.

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CH-Baselland, 03.04.2022