- Declaration of revocation/terms and conditions
consumer § 13 BGB have a 14-day right of withdrawal.
Cancellation policy for digital content, created according to EGBGB Appendix 1 to Article 246a § 1 Paragraph 2 Sentence 2. Source: Federal Law Gazette I 2013, 3642 - 3670
RIGHT OF WITHDRAWAL
right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier took possession of the goods.
In order to exercise your right of withdrawal, you must inform us, NClip Collectibles UG (limited liability), c/o Grosch Postflex #1997 EmsdettenerStr. 104, 8268 Greven Managing director authorized to represent: Adrian Wilbrandt, phone: +49 (0) 221 64 00 92 - 23, e-mail: firstname.lastname@example.org by means of a clear declaration (e.g. a letter sent by post, fax or email) about your decision to withdraw from this contract. You can use the attached sample revocation form for this, but this is not mandatory.
To meet the cancellation deadline, it is sufficient for you to send the communication regarding your exercise of the right of cancellation before the cancellation period has expired.
Consequences of revocation
If you revoke this contract, we have paid you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us have), immediately and at the latest within fourteen days from the day on which we received the notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged fees for this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.
You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you inform us of the cancellation of this contract. The deadline is met if you send back the goods before the period of fourteen days has expired. You bear the direct costs of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
The right of withdrawal does not apply to the following contracts:
- Contracts for the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.
- Contracts for the supply of goods that can spoil quickly or whose use-by date would quickly expire.
- Contracts for the delivery of sealed goods which, for reasons of health protection or hygiene, are not suitable for return if their seal has been removed after delivery.
- Contracts for the delivery of goods if these were inseparably mixed with other goods after delivery due to their nature.
- Contracts for the delivery of alcoholic beverages, the price of which was agreed upon when the contract was concluded, but which can be delivered no earlier than 30 days after the conclusion of the contract and the current value of which depends on fluctuations in the market over which the entrepreneur has no influence.
- Contracts for the supply of sound or video recordings or computer software in a sealed package if the seal has been broken after delivery.
- Contracts for the delivery of newspapers, periodicals or magazines with the exception of subscription contracts.
- Contracts for the delivery of goods, the price of which depends on fluctuations in the financial market over which the entrepreneur has no control and which may occur within the cooling-off period.
Sample withdrawal form
(If you want to revoke the contract, please fill out this form and send it back.)
NClip Collectibles UG (limited liability), c/o Grosch Postflex #1997
EmsdettenerStr. 10, 48268 Greven, managing director: Adrian Wilbrandt, Telefon: +49 (0) 221 64 00 92 - 23, E-Mail: email@example.com
–I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
–Ordered on (*)/received on (*)
– Name of consumer(s)
– Address of the consumer(s)
– Signature of the consumer(s) (only if notification is made on paper)
(*) Delete where not applicable.
2.a) Terms and Conditions
Terms of Service
- scope of application
- NClip Collectibles UG (limited liability), c/o Grosch Postflex #1997 10, 48268 Greven, managing director: Adrian Wilbrandt, phone: +49 (0) 221 64 00 92 - 23, e-mail: firstname.lastname@example.org - hereinafter referred to as NClip- operates at http://www.nclip.de an online platform for trading with so-called Non-Fungible Tokens (NFT), based on blockchain technology (hereinafter: "the Platform"). Various files or digital materials in the form of NFTs (hereinafter: "Items") are offered and traded via the platform. The platform gives consumers (“buyers”) the opportunity to conclude contracts for the delivery of goods (“supply contract”) with the product distributors (“dealers”) registered on the marketplace.
- "Consumer" within the meaning of these terms and conditions is any natural person who concludes a legal transaction for purposes that can be attributed primarily neither to their commercial nor their self-employed professional activity. "Entrepreneur" and "dealer" are natural or legal persons or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or self-employed professional activity, whereby a partnership with legal capacity is a partnership that is equipped with the ability to acquire rights and incur liabilities.
- These General Terms and Conditions (GTC) regulate the use of the platform by dealers and buyers, including all sub-domains and other websites and all services provided in this context, which are provided directly or indirectly (ie via third parties) via the Internet, any type of mobile device or be made available via email.
- These platform terms and conditions do not apply to the delivery contract. NClip is not a broker, financial institution, service provider or lender and is in no way a party to these agreements.
- All legal transactions relating to the use of the platform are carried out electronically (e.g. via e-mail, publication of electronic messages or other communication on the website), unless mandatory statutory provisions require a different form of communication.
- If you wish to participate in a sale or auction on the Platform as a buyer or seller, you must register for an account (hereinafter: "Account") on the Website. Sellers must also go through an authentication process. NClip only authorizes sellers to upload to the platform after this process has been successfully completed. There is no entitlement to registration or activation as a seller.
- Registration of natural persons is only possible if they are of legal age. Multiple registrations are prohibited.
- To register, the buyer enters their personal data in the mandatory fields provided for this purpose on the registration form. He assures that the data entered is complete and correct and that no data was provided by third parties.
- In certain cases, due to legal requirements, for example to prevent money laundering or combating terrorism, it may be necessary for the provider to request further information and evidence from you, especially if there is reason to believe that your account is being used for money laundering or other illegal activities or you have concealed or falsified information about your identity.
- Platform users are obliged to keep their registration data correct at all times and to update it without being asked in the event of changes. The report is possible via the e-mail email@example.com.
- Object of the contract
- NClip does not act as a seller itself and only provides the administrative and technical environment of the platform. In particular, the provider does not act as a funder, custodian or in any other way related to the management of money for sellers or buyers. In addition, NClip has no influence on the sales prices achieved. This depends on how the platform works and the demand generated. NFT Collections offered for sale by NClip are clearly identified as such.
- NFT collections at NClip are limited editions offered at a fixed price. The contract is concluded when the prospective buyer submits an offer to purchase a limited-edition NFT and the seller accepts this immediately. You can find the specific goods offered on our or the seller's article pages. The seller responsible for the offer is explicitly named for each product.
- The fulfillment of the contract takes place between the seller and the buyer. The contract is concluded between the seller and the buyer in the case of buy-it-now options or the highest bidder within the bidding period in the case of auctions.
- During the purchase process, the buyer is asked to pay the amount requested by the seller in a cryptocurrency supported by the platform. Payment is made through a crypto wallet supported by the platform. The purchase process can only be carried out if the buyer approves the transaction. The contract is then fulfilled when the token has been transferred to the buyer's wallet.
- The main features of the goods can be found in the item description on the corresponding sales page.
- remuneration and commission
NClip charges the seller fees for offering items and for using additional options. When an item sells, the seller pays NClip a sales commission. An item is considered sold when the purchase price has been paid in full by the customer to the retailer and the customer has not effectively revoked his contractual declaration based on a statutory right of withdrawal. The amount of commission is calculated as follows: Each transaction is charged with a fee of 2.5% of the sales price in MATIC, but at least an amount of 0.5 MATIC.
All fees are automatically charged to the seller with each transaction. The sales proceeds are transferred to the seller's crypto wallet minus the agreed commission.
- Unless otherwise noted, the Content and other materials contained therein, including but not limited to the Platform's logo and all designs, text, graphics, images, information, data, software, audio files, other files and the selection and arrangement thereof the intellectual property of NClip, its licensors or their respective third parties.
- You receive a non-exclusive, limited, non-transferable, revocable and non-sublicensable right to use your account in accordance with the terms and conditions. Otherwise, all rights, in particular ownership, copyright and trademark rights, remain with the provider or the respective rights holders. If the platform or its content contains software components that are provided by a third party and are subject to separate license terms, these license terms apply to these software components.
- You may not copy, adapt, modify, create derivative works from, distribute, license, sell, transmit, publicly display, publicly perform, broadcast or otherwise exploit the Platform or the Content without the written permission of NClip. The same applies to the look and feel of the platform's website and content, including but not limited to all page designs, custom graphics, button icons and scripts.
- If you own content such as B. create, upload, send, receive, post, publish or store text, photos, audio, image, video or other materials and information on, through or in the Platform, you represent that you have the appropriate rights to use it , these can be transferred to NClip, if necessary, and the rights of third parties and applicable law are respected. In this respect, you release the provider from all third-party claims and reimburse the costs of necessary legal defense.
- right of withdrawal
As a consumer, you have a right of withdrawal. Sellers who offer goods or services to consumers in the exercise of their commercial or self-employed professional activity are obliged to provide them with the legally required consumer protection information and to inform them about the existence or non-existence of the statutory right of withdrawal.
- Modification of Platform T&Cs
NClip reserves the right to change the terms of these T&Cs at any time and to subject the use of the Platform to new or additional contractual terms. The changed conditions will be sent to the user by e-mail with a notice period of six weeks before they come into effect. They become effective if the user does not expressly object to the changes before the respective effective date. When sending the changed conditions, NClip will inform the user separately about the possibility of objecting and the consequences of not taking action. In the event that the user objects to the changes, NClip is entitled to terminate the contract.
- Rules for using the platform
- When using the marketplace, users are bound by applicable law, compliance with good morals and all rules that NClip sets up for proper use.
- Addresses, e-mail addresses and other contact data that a user becomes aware of when using the platform may not be used or passed on for other purposes.
- Users are obliged to keep the access code for their own profile secret at all times and to inform NClip immediately as soon as there is a suspicion that the profile is being used unlawfully by an unauthorized third party.
- In the event of incomplete information or misuse, NClip reserves the right to temporarily deactivate or block the account. In the event of violations or if further information needs to be requested, NClip may, at its sole discretion, pause or cancel your transactions until additional requested information and documents are fully and correctly provided by you and verified by NClip.
- NClip reserves the right to remove or refuse to list any Item if facts indicate that this transaction could threaten applicable law, the rights of third parties or the personal safety of users of the Platform or the public, or could cause liability for the Provider.
- NClip has the right to terminate or suspend User access to all or part of the Platform for any reasonable cause, including but not limited to a breach of these T&Cs.
- NClip has the right, but not the obligation, to monitor the content of the offers to ensure compliance with these GTC and any legal requirements.
- NClip cannot guarantee continuous and uninterrupted availability and accessibility of the marketplace. Liability in this regard is excluded.
- Claims by users for damages are excluded. Excluded from this are claims for damages resulting from injury to life, limb, health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by NClip, legal representatives or vicarious agents. Essential contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.
- In the event of a breach of essential contractual obligations, NClip is only liable for the contractually typical, foreseeable damage if this was caused simply by negligence, unless the marketplace user is concerned with claims for damages resulting from injury to life, limb or health.
- The limitations of paragraphs b) and c) above also apply in favor of NClip's legal representatives and vicarious agents if claims are asserted directly against them.
The personal data arising in connection with this marketplace contract will be processed by NClip for the purpose of fulfilling the contract. When processing the personal data of the marketplace user, NClip observes the legal provisions and the general data protection provisions of NClip (“General Data Protection Provisions”), which can be accessed at https://www.nclip.de/Datenschutz.php.
- Final Provisions
- The law of the Federal Republic of Germany applies to the exclusion of the conflict of law regulations of international private law and to the exclusion of the sales law of the United Nations. If you are a natural person who concludes the legal transaction for purposes that can predominantly be attributed neither to your commercial nor your self-employed professional activity, this choice of law only applies to the extent that you are not granted the protection provided by mandatory provisions of the state in which you have their habitual residence is withdrawn. If you do not have a general place of jurisdiction in Germany or another EU member state, or if you are a merchant or a legal entity under public law, or if you have moved your permanent place of residence abroad after these General Terms and Conditions came into effect, or is your place of residence or usual place of residence at the time the action is filed not known, the exclusive place of jurisdiction for all disputes arising from this contract is the registered office of NClip.
- The European Union has initiated an online platform for the out-of-court settlement of consumer disputes (www.ec.europa.eu/consumers/odr). According to § 36 Consumer Dispute Settlement Act VSBG, NClip points out that NClip does not participate in dispute settlement procedures before this arbitration board.
- Should provisions of this contract of use be or become wholly or partially invalid, this shall not affect the validity of the remaining provisions. In this case, NClip will replace the ineffective provision with an effective provision. The same applies to a contractual gap.