© 2022-2023. Ethernity CLOUD Ltd. All rights reserved.
These general terms and conditions apply to all contracts concluded between you as a customer and Ethernity Hodl UG (“we” or “us”) as the operator of the minting app “Etherneals NFT Minting App” for the purchase of the non-fungible token (“NFT”) “Etherneals NFT Collection”.
The operator of the minting app and your contractual partner is:
Ethernity Hodl UG
Pater-Rupert-Mayer-Weg 10
83671 Benediktbeuern
e-mail: [email protected]
Managing Director(s): Iosif Peterfi
District Court of Munich
Commercial Register: HRB 239871
We have exclusively acquired all rights to the underlying digital artworks necessary to produce and resell the NFTs. The NFTs are mapped on the Polygon blockchain via a program code (smart contract), which contains the token ID and the wallet address. It may further contain program data, information and properties in a forgery-proof and permanent manner.
Our offer is directed exclusively at persons of legal age who hold a
digital wallet for cryptographic tokens based on the Polygon network
("Customer", “you”).
Persons and companies with domicile, registered office or permanent
residence in countries in which the offering of cryptographic tokens
is not permitted or are included in the current list of high-risk
countries and other supervised countries of the Financial Action Task
Force (FATF) are excluded from purchasing NFT.
To purchase an NFT in the Etherneals NFT Minting App, you must have a
wallet that supports the Polygon blockchain and an internet access for
the transmission and use of the NFT.
Your compatible wallet is used to pay the purchase price, to securely
transfer the purchased NFT to your uniquely identifiable wallet
address and to proof your ownership of the NFT. To pay the purchase
price, the necessary credit of the cryptocurrency MATIC (Polygon) must
be available in your wallet in the amount of at least the purchase
price required for the selected NFT as well as enough tokens to cover
the applicable fees (transaction and gas fees).
A detailed description of our NFTs offered in the Etherneals NFT Minting App is available here.
You can purchase the NFTs via our Etherneals NFT Minting App
connecting your wallet to the Etherneals NFT Minting App and by
clicking on the button "Mint". After clicking on the “Mint” button, we
set out the transaction price and fees and start the payment process.
To proceed with the order, you must accept and pay the transaction
price and fees via your wallet. Thereby, you offer to us that you
would like to enter into a contract with us. Before clicking on the
“Mint” button, you can also cancel the ordering process at any time by
closing the app.
After your payment, you will receive a random NFT from the collection.
The transmission of the NFT was successful once you see the status of
the transaction as “confirmed” in your Etherneals NFT Minting App. The
NFTs are usually sent to the specified wallet address within one (1)
hour.
Upon successful transfer of the NFT to you, we grant you a worldwide,
exclusive right to use, distribute, reproduce and display the NFT.
You can display and resell the acquired NFT at any time on relevant
galleries and platforms by entering your wallet address.
When purchasing NFTs, you must pay the agreed purchase price. Your
payment will be made with MATIC token.
All prices are gross prices including statutory VAT.
You must bear all transaction fees and gas fees incurred in connection
with the wallet.
Unless expressly agreed otherwise, your warranty claims are governed by the statutory provisions of the digital content contract (§§ 453 ff. BGB).
You are solely responsible for any hardware, systems or software
programs required for using, browsing, streaming, downloading,
uploading or transmitting any NFT content.
We are liable in the event of damages occasioned by wilful misconduct,
gross negligence or fraudulent misrepresentation and for all damages
arising from injury of life, limb or health and from the German
Product Liability Act.
In other cases, we are only liable in the event of a breach of a
contractual obligation, the fulfilment of which is a prerequisite for
the proper performance of the contract and on the observance of which
you may regularly rely (so-called cardinal obligation), limited to
compensation for the foreseeable and typical damage.
In all other cases, our liability is excluded.
For information on how we process your personal data, please refer to our privacy policy available here.
These general terms and conditions and the contractual relationship
with you are governed by the laws of the Federal Republic of Germany.
In the case you are a consumer, this choice of law will only apply
insofar as your protection granted is not withdrawn by mandatory
provisions of the law of the state in which you have your habitual
residence.
If you are an entrepreneur and have your registered office in Germany
at the time of the order, the exclusive place of jurisdiction is our
registered office. Otherwise, the applicable statutory provisions
apply.
The European Commission's platform for online dispute resolution (“ODR”) for consumers can be used under the following link: https://ec.europa.eu/consumers/odr/. We are not willing and not obliged to participate in a dispute resolution procedure before a consumer arbitration board.
The contractual language is English and German. The German version of these general terms and conditions is decisive if there is a discrepancy between any translation of the English version and German version.
© 2022-2023. Ethernity CLOUD Ltd. All rights reserved.
