LYTEXA · Legal

General Terms and Conditions (GTC)

1. Provider

2. Scope of Application

These General Terms and Conditions apply to all contracts between LYTEXA (hereinafter “Provider”) and customers regarding the purchase of digital pattern designs and associated commercial use licenses.

Any deviating terms and conditions of the customer shall not be recognized unless their validity has been expressly agreed to in writing. LYTEXA’s offers are directed exclusively at business entities as defined in § 14 of the German Civil Code (BGB), legal entities under public law, and commercial customers. Consumers as defined in § 13 of the German Civil Code (BGB) are excluded from purchasing the products offered.

3. Subject Matter of the Contract

The subject matter of the contract is the purchase of digital design files, including the rights of use described in each case, in accordance with the corresponding license agreement.

The products offered consist exclusively of digital content available for download.

There is no entitlement to the transfer of copyrights or ownership rights.

4. Conclusion of the Contract

The presentation of products on the website does not constitute a legally binding offer.

By completing the ordering process, the customer submits a binding offer to purchase.

The contract is not concluded until payment is successfully confirmed and the download is made available.

5. Customer Account

Creating a customer account may be required for certain features.

The customer is obligated to keep their login credentials confidential and protect them from unauthorized access.

6. Prices and Payment

The prices listed on the platform at the time of the order apply.

All prices are exclusive of applicable sales tax, unless otherwise stated.

Payment is made using the payment methods offered on the platform.

7. Provision of Digital Content

Upon successful payment, the customer will receive access to the purchased digital files.

Access is typically granted immediately upon receipt of payment.

The provider does not guarantee the continuous availability of individual downloads or platform features.

8. Rights of Use and License Terms

The scope of the rights of use is set forth in the applicable license agreement.

Upon purchasing a design, the customer receives only the rights of use described therein.

Any use beyond the agreed-upon scope of the license is prohibited.

The complete license agreement is an integral part of these Terms and Conditions.

8a. Color Lab and LYTEXA Photoshop Extension

The Provider may make additional tools available through the platform, including the LYTEXA Color Lab and the LYTEXA Photoshop Extension.

The Color Lab is provided as a tool for creating, modifying and previewing color combinations for LYTEXA designs. Colors displayed on screen are for visualization purposes only and do not constitute a guarantee of color accuracy in printing or production. The customer remains responsible for verifying colors and production results before production.

The LYTEXA Photoshop Extension is provided as a supplementary tool for transferring color values to compatible LYTEXA production files in Adobe Photoshop. The Extension does not form part of the purchased design license and does not grant any additional rights to the designs.

The Provider does not guarantee permanent availability or compatibility of the Color Lab or the LYTEXA Photoshop Extension with particular operating systems, browsers, Adobe Photoshop versions, or future software versions.

The customer is responsible for reviewing files modified using these tools before commencing production.

9. Right of Withdrawal for Digital Content

Expiration of the Right of Withdrawal for Digital Content

Your right of withdrawal expires prematurely if we have begun performing the contract after you have given your express consent to do so and simultaneously confirmed that you are aware that you will lose your right of withdrawal upon commencement of contract performance.

10. Warranty and Liability

The customer must independently review the provided files before production begins.

In particular, the provider assumes no liability for:

• Production errors
• Print results
• Color deviations
• Technical incompatibilities
• Economic results
• Production costs

To the extent permitted by law, liability is limited to willful misconduct and gross negligence.

The limitations of liability do not apply in the event of a breach of material contractual obligations, damages resulting from injury to life, limb, or health, or mandatory statutory liability.

11. Platform Availability

The Provider shall endeavor to ensure that the platform is available with as few interruptions as possible.

However, temporary restrictions due to technical maintenance, security updates, or force majeure cannot be ruled out and must be accepted by the Licensee.

12. Intellectual Property

All copyrights and other rights to the designs remain entirely with the Provider.

The designs may be used exclusively within the scope of the purchased license.

13. Breaches of Contract

In the event of violations of these Terms and Conditions or the License Agreement, the Provider may:

• revoke usage rights,
• block downloads,
• deactivate customer accounts,
• assert claims for damages,
• take legal action.

14. Final Provisions

The laws of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods.

To the extent permitted by law, the place of jurisdiction is the Provider’s registered office.

Should any individual provisions of these Terms and Conditions be or become invalid, the validity of the remaining provisions shall remain unaffected.