General terms and conditions

1. General and Scope of Application

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.

2. Requirements and Conclusion of the contract

2.1 Requirements

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).

2.2 Object of Purchase

A detailed description of our NFTs offered in the Etherneals NFT Minting App is available here.

2.3 Conclusion of the contract

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.

3. Copyright law

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.

4. Prices and Payment Methods

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.

5. Warranty

Unless expressly agreed otherwise, your warranty claims are governed by the statutory provisions of the digital content contract (§§ 453 ff. BGB).

6. Limitation of Liability and your Risk

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.

7. Data Protection

For information on how we process your personal data, please refer to our privacy policy available here.

8. Applicable Law, Disputes, Jurisdiction

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.

9. Conciliation Body

The European Commission's platform for online dispute resolution (“ODR”) for consumers can be used under the following link: We are not willing and not obliged to participate in a dispute resolution procedure before a consumer arbitration board.

10. Contractual Language

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.