Terms and conditions - Zeedz Shop
The following General Sales Conditions (hereinafter "T&Cs") apply to all contracts concluded between Zeedz GmbH (also referred to as "we" or "us" hereinafter) and its customers for the sale of digital content, blockchain collectibles (Non-Fungible Tokens "NFTs"), and physical collectibles.
We offer Zeedz exclusively to consumers within the meaning of § 13 BGB. A consumer is any natural person who concludes a legal transaction for purposes that can predominantly neither be attributed to their commercial nor their independent professional activity. Participation in Zeedz is solely for entertainment. Use of Zeedz for profit or other commercial purposes is not allowed.
CONCLUSION OF THE CONTRACT
1.1 The presentation in the online shop does not represent a legally binding offer, but a non-binding online catalog. You can select a package/product and add it to the cart. By clicking the order button, you submit a binding offer to purchase the content of the package or product. Confirmation of the receipt of your order follows immediately after sending the order by email. The contract is concluded with our order confirmation.
1.2 At any time, you have the option to correct your entries before submitting your binding order using the hints and correction aids explained in the ordering process.
1.3 The contract languages German and English are available for the conclusion of the contract.
1.4 The contract text is stored by us but is no longer accessible via the app after ordering. However, you will receive a confirmation by email, which reproduces the content of the contract.
2. PAYMENTS
2.1 In our shop, you generally have the option to pay by credit card, via PayPal, or possibly using cryptocurrency.
2.2 If you access our shop via an in-game store, payment processing is usually carried out via the app store provider from which you obtain our app and using the payment method you have stored there.
2.3 Payment of the purchase price is due immediately upon conclusion of the contract.
3. RIGHT OF WITHDRAWAL
Consumers are generally entitled to a statutory right of withdrawal, which is described in the withdrawal instructions. However, the right of withdrawal expires for contracts for the delivery of data not on a physical data carrier produced or provided in digital form (digital content) when we have begun executing the contract after you have expressly agreed that we begin executing the contract before the withdrawal period expires, and you have confirmed your knowledge that your right of withdrawal expires when the contract is executed, provided that we have provided you with a confirmation according to § 312f BGB on a permanent data carrier. No voluntary right of withdrawal is granted to entrepreneurs.
For more detailed information on your right of withdrawal, please refer to our withdrawal instructions.
4. SPECIAL NOTES ABOUT NFTS
4.1 NFTs consist of exclusive content, with the nature of the content being variable. Each NFT has a set of defined attributes - including rarity - which help determine the value of the NFT.
4.2 The value of each NFT is inherently subjective, just like the value of other collectibles is inherently subjective. Each NFT has no inherent or intrinsic value. Some collectors may prefer an NFT with certain characteristics, while others may prefer an equivalent NFT with different features. More than one NFT may belong to each collection, and these NFTs each have different features.
5. PROVISION OF NFTS
5.1 To transfer the NFT, you must be the holder of a compatible wallet. The following wallets are compatible: Blocto and Dapper Wallet.
5.2 After you click the "Claim" button, your NFT will be sent to your wallet.
6. LIMITS OF OUR JURISDICTION
6.1 NFTS ARE INTANGIBLE DIGITAL ASSETS THAT EXIST ONLY BY VIRTUE OF THE OWNERSHIP RECORD MAINTAINED IN THE FLOW NETWORK. ALL SMART CONTRACTS ARE SETTLED ON THE DECENTRALIZED LEDGER WITHIN THE FLOW NETWORK AND OCCUR THERE. WE HAVE NO CONTROL OVER THESE SMART CONTRACTS.
6.2 BLOCKCHAINS OR ANY OTHER FUNCTIONS OF THE FLOW NETWORK OR AN ELECTRONIC CURRENCY ARE NOT PART OF THE SERVICES WE PROVIDE. THEREFORE, WE ARE NOT RESPONSIBLE FOR LOSSES ATTRIBUTABLE TO BLOCKCHAINS OR OTHER FUNCTIONS OF THE FLOW NETWORK OR AN ELECTRONIC WALLET, INCLUDING, BUT NOT LIMITED TO, DELAYED REPORTS FROM DEVELOPERS OR REPRESENTATIVES (OR NO REPORTS) OF PROBLEMS WITH THE BLOCKCHAIN SUPPORTING THE FLOW NETWORK, INCLUDING FORKS, TECHNICAL NODE PROBLEMS, OR OTHER PROBLEMS LEADING TO LOSSES.
7. INFORMATION ABOUT RISKS
7.1. Value and Volatility. The prices of collectible blockchain assets are extremely volatile and subjective, and collectible blockchain assets have no inherent or intrinsic value. Price fluctuations in other digital assets could significantly and adversely affect the value of your NFTs, which may also be subject to substantial price fluctuations. Each NFT has no inherent or intrinsic value. We cannot guarantee that purchased NFTs will retain their original value, as the value of collectibles is inherently subjective, and factors occurring outside of the Zeedz online shop can significantly influence the value and desirability of a particular NFT.
7.2. Tax Calculations. You are solely responsible for determining what taxes, if any, apply to your NFT-related transactions, apart from applicable value-added tax. We are not responsible for determining the taxes that apply to your transactions in the app.
7.3. Use of the Blockchain. Each transfer of NFTs occurs within the supporting blockchain in the Flow Network and not via the app or website.
7.4. Inherent Risks with Internet Currencies. The use of an internet-based currency carries risks, including but not limited to the risk of hardware, software, and internet connection failures, the risk of the introduction of malicious software, and the risk that third parties gain unauthorized access to information stored in your electronic wallet. You accept and acknowledge that we are not responsible for communication failures, disruptions, errors, distortions, or delays you may experience when using the Flow Network, however caused.
7.5. Regulatory Uncertainty. The regulatory regime governing blockchain technologies, cryptocurrencies, and tokens is uncertain, and new regulations or policies may significantly impact the development of the Zeedz Pre-Sale Store and the marketplace ecosystem, and thereby the potential utility or value of your NFTs.
7.6. Software Risks. Upgrades to the Flow Network, a hard fork in the Flow Network, or a change in the way transactions are confirmed on the Flow Network can have unintended, negative effects on all blockchains using the NFT standard of the Flow Network, including the Zeedz Pre-Sale Store and the marketplace ecosystem.
8. WARRANTY FOR MATERIAL DEFECTS
8.1. We are liable for material defects in accordance with the applicable legal regulations, in particular §§ 434 ff. BGB. For digital products that you purchase from us as a consumer, you are entitled to statutory warranty rights for digital products.
8.2. Unless we have made a different agreement with you, no additional guarantees are assumed in a legal sense.
9. LIMITATION OF LIABILITY
9.1. We are always liable (a) for damages caused intentionally or through gross negligence by us or our legal representatives or vicarious agents, (b) for claims under the Product Liability Act, and (c) for damages resulting from injury to life, body, or health for which the provider, our legal representatives, or vicarious agents are responsible.
9.2. Except in the cases of letters b) and c), we are not liable for slight negligence unless a material contractual obligation has been violated, the fulfillment of which enables the proper execution of the contract in the first place, or the violation of which jeopardizes the achievement of the purpose of the contract and on the compliance of which you must regularly rely. For material and financial damage, this liability is limited to the damage typical of the contract and foreseeable. The same applies to lost profit and savings not realized. Liability for other distant consequential damage is excluded.
10. FORCE MAJEURE
10.1. Force Majeure Events. We are not liable or responsible to you for any failure or delay in fulfilling our contractual obligations if and to the extent that such failure or delay is caused by or attributable to the following force majeure events ("Force Majeure Event(s)"): (a) force majeure; (b) flood, fire, earthquake, epidemics, pandemics (including COVID-19), tsunami, explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest; (d) government orders, laws, or measures; (e) embargoes or blockades in effect on or after the date of this agreement; (f) strikes, work stoppages, or go-slows, or other labor disturbances; (g) lack of adequate or suitable internet connection, failure of telecommunications or lack of adequate power or electricity; and (h) other similar events beyond our control.
10.2. Performance During Force Majeure Events. If we are affected by a Force Majeure Event, we will promptly inform you about the Force Majeure Event and indicate the period during which the Event is expected to continue. We will make reasonable efforts to end the failure or delay and ensure that the effects of such Force Majeure Event are minimized. We will resume the performance of our obligations as soon as possible after the cause is removed. If our failure or delay remains unremedied for a period of forty-five (45) consecutive days after our written notification, either party may terminate the contract by giving fifteen (15) days' written notice. In this case, we will promptly refund all payments already made by you.
11. PRICES AND SHIPPING COSTS
11.1. All prices in our shop are inclusive of the applicable statutory value-added tax.
11.2. If you purchase physical goods, shipping costs may apply. The shipping is done by mail.
11.3. In the case of a withdrawal of physical collectibles, you have to bear the direct costs of returning the goods.
12. GENERAL
12.1. Severability. If any part of these Terms is invalid, unlawful, void, or unenforceable, that part is deemed severed from these Terms and does not affect the validity or enforceability of the remaining provisions of these Terms.
12.2. Applicable Law. The law of the Federal Republic of Germany applies to all matters arising out of or relating to these Terms. If you enter into the contract as a consumer and have your habitual residence in a country other than the Federal Republic of Germany, the mandatory provisions of this country from which no deviation is permitted by agreement remain unaffected by the above-mentioned choice of law.
12.3. Online Dispute Resolution and Resolution of Consumer Disputes.
We would like to inform consumers of the following:
The EU Commission provides a platform for out-of-court online dispute resolution (ODR platform), which can be accessed at https://ec.europa.eu/consumers/odr.
We are willing to participate in a consumer dispute resolution procedure. The competent body is the Universalschlichtungsstelle des Bundes Zentrum für Schlichtung e.V., Straßburger Straße 8, 77694 Kehl am Rhein, Phone 07851/795 79 40, Fax 07851/795 79 41, mail@universalschlichtungsstelle.de.
Version: September 2023
General information about us
Zeedz GmbH
c/o Factory Works Rheinsberger Straße 76/77 10115 Berlin
Germany
49 (0) 30 549 092 03 2
office@zeedz.io