These General Terms and Conditions apply in the version valid at the time of conclusion of the contract for all business relationships between us (Lueers Inventions GmbH, Rintelner Str. 3, 31552 Apelern, represented by its managing director: Mr. Bernard Lüers) and you. Should you use conflicting general terms and conditions, these are hereby expressly rejected.
The contractual languages are German and English.
To use the full scope of our website, it is first necessary to create a customer account. This involves entering the data required for us to provide the Service. The entries are confirmed by clicking on the "Register" button. You will then receive a confirmation e-mail with the details required for login. Registration is incomplete until you have logged in to our website with these details for the first time.
The password that gives you access to the personal area must be treated as strictly confidential and may not be passed on to third parties under any circumstances. You shall take suitable and appropriate measures to prevent third parties from gaining knowledge of your password. A customer account cannot be transferred to other users/customers or other third parties. We are not liable for any damage caused by misuse of the password.
Our app is provided as a web app that is used directly in your browser. When you tap a Tokentag or a Swap Card with an NFC-enabled smartphone, the web app opens automatically. We do not offer an app in the Apple App Store or the Google Play Store. Optionally, you can add the web app to your home screen via your browser. In the web app, you can register for the first time or log in with your existing customer/user data. The contract is concluded, and the contract text is stored in accordance with section 1.5 of these General Terms and Conditions.
The presentation of the product range in our online store is initially subject to change and non-binding. The ordering process consists of a total of four steps. In the first step, you select the desired goods or services. In the second step, you enter your details, including your billing address and, if applicable, a different delivery address, unless you have already entered these in your customer account. In the third step, select the desired payment method. In the fourth step, you have the opportunity to check all details (e.g., name, address, payment method, items or services ordered) once again and correct any input errors before confirming your order by clicking on the "Order with obligation to pay" button. You make a binding offer to enter into a contract by placing an order. We will confirm receipt of your order immediately. The confirmation of receipt does not constitute a binding acceptance of the order. We are entitled to bindingly accept the contractual offer contained in the order within two days of receipt of the order by e-mail, fax, telephone, post or by notifying you of the dispatch of the goods. The contract is only concluded upon acceptance.
The contract's text will be saved by us and sent to you in text form (e.g., by e-mail, fax or post) after your order has been sent, together with these General Terms and Conditions and customer information. However, you can no longer retrieve the contract's text via the website once you have sent your order. You can use the browser's print function to print the relevant website with the contract's text.
We are entitled to subsequently amend and supplement the General Terms and Conditions in relation to existing business relationships insofar as changes in legislation or case law make this necessary, or other circumstances lead to the contractual equivalence relationship being disturbed to a more than insignificant extent. A subsequent amendment to the Terms and Conditions shall become effective if you do not object within six weeks of notification of the amendment. At the beginning of the period, we will expressly draw your attention to the effect of your silence as acceptance of the contract amendment and give you the opportunity to make an express declaration during the period. If you object within the deadline, both we and you may terminate the contractual relationship extraordinarily unless we continue the contractual relationship under the old General Terms and Conditions.
Our website is a platform for creating physical Non-Fungible Tokens (NFTs) on the Ethereum blockchain. The physical NFTs are represented by tamper-proof and unique Near Field Communication (NFC) tags, which you can purchase in our online store. Via the platform, the NFTs are minted in the blockchain and publicly displayed with a description and other media such as images, videos or 3D models publicly displayed. With the physical NFTs, the originality of a product can be easily checked by any customer and verified in the blockchain.
We will also be able to offer you a so-called "swap card" in the future. This card (visually similar to a debit card) allows you to physically exchange crypto assets such as NFTs, tokens and Ether. The main feature of the swap card - in contrast to conventional hardware wallets - is that the private key is only stored in the card and cannot be extracted. The "Swap Cards" will also be available in our online store. Please note that the "Swap Cards" will only be a technical solution, i.e., there will be no value on them. The corresponding crypto values will only be sent to the card by you.
Please refer to the respective descriptions on our website for the exact properties of the respective products as well as the scope and handling of the Service we offer.
Please note that our services do not constitute a crypto custody business, and we are not a crypto exchange, crypto broker, crypto dealer, financial institution, payment processor or financial services company. We have no control over the NFTs or blockchains you interact with, and we do not make or affect any purchases, transfers or sales of NFTs. In order to use our Service, you must use a third-party wallet that allows you to transact on blockchains. The third-party wallet is governed by their terms of use.
To present the NFTs you have minted, we offer you the opportunity to create corresponding 3D models via our website or app for a fee. For detailed information regarding the process of creating the 3D models and the respective prices, please refer to the information on our website/app.
With regard to the calculation of 3D models, the booking process consists of a total of three steps. In the first step, please take photographs of the object of which you want to create a 3D model according to our instructions and upload them to our website.
In the second step, under the menu item "Calculate", you choose one of the payment methods offered (e.g. PayPal or credit card) or redeem a voucher. If you pay with PayPal, you will first be redirected to PayPal, log in there with your PayPal credentials and click "Continue"; if you pay by credit card, you enter your card details in the payment form displayed. This does not yet trigger any obligation to pay.
In the next step, you have the opportunity to check all details (e.g., payment method and product ordered) once again and correct any input errors before confirming your booking by clicking on the "Order with obligation to pay" button. By making a booking, you make a binding offer to enter into a contract. We will confirm receipt of your booking by e-mail immediately after receipt of the booking. This confirmation constitutes acceptance of the contract, and the debit via PayPal will be executed. The 3D model will be calculated immediately after the conclusion of the contract.
We are entitled to have the contract or parts of the contract fulfilled by third parties.
We are entitled to make partial deliveries if this is reasonable for you. In the case of partial deliveries, however, you will not incur any additional shipping costs.
We do not deliver to PO Box addresses.
Delays in delivery and performance due to force majeure and due to extraordinary and unforeseeable events which cannot be prevented by us even with the utmost care and for which we are not responsible (these include, in particular, strikes, official or court orders, e.g., in the event of pandemics and cases of incorrect or improper self-supply despite a covering transaction to this effect) entitle us to postpone delivery for the duration of the impeding event.
If you are in default of acceptance of the ordered goods, we are entitled, after setting a reasonable grace period, to rescind from the contract and claim damages for default or non-performance. During the delay in acceptance, you shall bear the risk of accidental loss or accidental deterioration.
Unless expressly agreed otherwise, we shall provide the delivery or Service within 5 days. In the case of payment in advance, the period for delivery or performance shall commence on the day after the payment order is issued to the remitting bank or, in the case of payment on delivery or account, on the day after the conclusion of the contract. The deadline ends on the fifth day thereafter. If the last day of the period falls on a Saturday, Sunday or a public holiday recognized by the state at the place of performance, the period shall end on the next working day.
All prices include VAT. In addition, the costs for packaging and shipping are shown separately in each case unless collection by you at our place of business has been agreed upon.
Please note that our quoted prices do not include gas or other transaction fees. These may have to be paid separately by you.
You shall be in default of payment if we do not receive payment within two weeks of receipt of the invoice. In the event of late payment, interest shall be charged at a rate of 5 percentage points above the prime rate of the European Central Bank or 9 percentage points above the prime rate of the European Central Bank in the case of legal transactions in which a consumer is not involved. Should you fall into arrears with your payments, we reserve the right to charge a reminder fee of 2.50 euros. We reserve the right to claim further damages. You can prove that we have incurred no or less damage.
You are only entitled to assert a right of retention for counterclaims that are due and based on the same legal relationship as your obligation.
We provide invoices and credit notes (e.g. for refunds) electronically as a PDF document with embedded invoice data (ZUGFeRD/Factur-X). You can find them in your account under "Profile" → "Invoices". You agree to receive invoices electronically.
You have the right to withdraw from this contract within 14 (fourteen) days without giving any reason.
The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the goods / the last goods.
To exercise the right to cancel, you must inform us (Lueers Inventions GmbH, Rintelner Str. 3, 31552 Apelern, phone: +49 (0)157 333 200 01, e-mail: info@tokentagged.com ) of your decision to cancel this contract by a clear statement (e.g., a letter sent by post, fax or e-mail). You can use the attached sample withdrawal form, which is not mandatory.
To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period has expired.
If you withdraw from this contract, we shall reimburse you all payments received from you, including the costs of delivery (except for the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment. We may withhold the refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earliest.
You must return or hand over the goods to us immediately and, in any case, within fourteen days at the latest from the day on which you inform us of the revocation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired. You shall bear the direct costs of returning the goods.
You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that are not necessary for checking their condition, properties and functionality.
The right of withdrawal does not apply to 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. Likewise, there is no right of withdrawal for contracts for the delivery of goods that can spoil quickly or whose expiration date would be quickly exceeded.
For contracts for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene, your right of withdrawal expires prematurely if the seal on the goods has been removed after delivery. In the case of contracts for the delivery of audio or video recordings or computer software in sealed packaging, your right of withdrawal expires prematurely if the seal has been removed after delivery.
You have the right to withdraw from this contract within 14 (fourteen) days without giving any reason.
The withdrawal period is fourteen days from the date of the conclusion of the contract.
To exercise the right to cancel, you must inform us (Lueers Inventions GmbH, Rintelner Str. 3, 31552 Apelern, phone: +49 (0)157 333 200 01, e-mail: info@tokentagged.com ) of your decision to cancel this contract by a clear statement (e.g., a letter sent by post, fax or e-mail). You can use the attached sample withdrawal form, which is not mandatory.
To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period has expired.
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction unless expressly agreed otherwise with you; in no case will you be charged any fees for this repayment.
If you have requested that the services commence during the withdrawal period, you must pay us a reasonable amount corresponding to the proportion of the services already provided up to the time at which you inform us of the exercise of the right of withdrawal with regard to this contract compared to the total scope of the services provided for in the contract.
Your right of revocation expires prematurely if we have provided the Service in full and have only begun to provide the Service after you have given your express consent and you have simultaneously confirmed your knowledge that you will lose your right of revocation upon complete fulfillment of the contract by us.
The delivered goods shall remain our property until the purchase price has been paid in full. You must treat the goods subject to simple retention of title with care at all times. You assign to us any claim or compensation that you receive for damage, destruction or loss of the delivered goods. If you act in breach of contract, particularly in the event of default of payment, we are entitled to take back the purchased goods. In this case, taking back the goods does not constitute rescinding the contract unless we expressly declare this in text form.
You are solely responsible for the content and accuracy of the data and information you transmit. You also undertake not to transmit any data whose content infringes the rights of third parties or violates existing laws. By transmitting data to us, you confirm that you have complied with copyright regulations.
You shall indemnify us against all claims asserted against us by third parties due to such infringements. This also includes the reimbursement of the costs of necessary legal representation.
You are jointly responsible for backing up the information sent to us. We cannot be held responsible for the loss of your transmitted information, as we do not provide a general data backup guarantee.
You are obliged to provide the cooperation required for the contract so that we can perform the contractual Service. In particular, you are solely responsible for all information (e.g., description, copyright information, images, royalty, etc.) concerning the creation and minting of the NFTs. In this context, our website merely serves as support with regard to administrative processes.
You undertake that you do not intend any illegal or immoral activities with the services to be provided by us.
You are prohibited from using abusive content as the basis of a physical NFT. Such content designs are given, for example, in the following cases:
In the event of recurring violations, we reserve the right not to conclude any further contracts with you. The right to extraordinary termination remains unaffected by this.
As a user of our website or app, you undertake to refrain in particular from the abusive behavior listed below:
The NFC tags we offer are manufactured with the greatest possible care. However, we would like to point out that we cannot guarantee the residue-free removal of the tags from the respective objects. You must inform yourself in advance whether the tags we offer can leave damage and/or residue on your object.
Both the token tags and the swap cards we offer are equipped with a Near Field Communication (NFC) chip. This is an RFID technology that describes the use of mobile devices for wireless data exchange.
Please note that the products containing the NFC chip must always be handled with care and protected from external influences. In particular, but not exclusively, electromagnetic waves can overload the RFID electronics and cause irreparable damage. In the event of such damage, the functionality of the products is no longer guaranteed, and, for example, access to the crypto key stored in the swap card is no longer possible.
It is your sole responsibility to maintain the product you are using in a functional condition. We are not liable for damage to the product or any associated loss of value (e.g., ether, tokens, NFTs) for which we are not responsible.
By uploading content to the database, you grant us the right to use this content for an unlimited period of time for uploading and making it available in the database and for retrieval and storage by third parties, in particular to store, reproduce, make available, transmit, link and publish the content. This may also be done by or in the form of advertising material (in particular linking on social networks, use for commercials, use for your own website or in printed form, etc.) by us or by third parties. In this case, the author explicitly waives the right to be named. Furthermore, we are granted the right to edit the content, especially if it does not meet the above requirements of these terms and conditions.
You have the right to use the 3D model created for you to the full extent. By paying a one-off license fee, you receive permission to use the corresponding 3D model (worldwide for an indefinite period of time, including for commercial purposes.
The license fee is paid before the license is granted and is deemed to have been used when the 3D model is made available.
We endeavor to adapt our services to current technical developments. We, therefore, reserve the right to make changes to the agreed services insofar as such changes do not impair the core services and are reasonable for the contractual partner, taking into account their interests. We are also entitled to interrupt the website or app operation wholly or partially within reasonable limits for the purposes of updating and maintenance. In this respect, we do not guarantee the availability of the services offered at all times and do not guarantee that the services offered or parts thereof will be made available and can be used from any location. This does not affect your warranty rights.
Using the website, the app, and the products we offer require corresponding compatible devices. It is your responsibility to put or keep the device in a condition that enables the use of the website/app services and our products.
In particular, you need an NFC-enabled smartphone (Android or iPhone) with an up-to-date browser, internet access and a crypto wallet.
Statutory warranty rights exist. A warranty claim can only arise with regard to the properties of the goods; reasonable deviations in the aesthetic properties of the goods are not covered by the warranty claim. In particular, with regard to the descriptions, illustrations and information in our offers, brochures, catalogs, website and other documents, there may be technical and design deviations (e.g., color, weight, dimensions, design, scale, positioning, etc.), insofar as these changes are reasonable for you. Such reasonable reasons for change may result from customary commercial fluctuations and technical production processes. Insofar as guarantees are given in addition to the warranty claims, you will find the exact conditions of these guarantees with the product. Possible guarantees do not affect the warranty rights. You are obliged to make the defective goods available to us for the purpose of subsequent performance.
The risk of accidental loss or deterioration of the goods sold shall only pass to you when the goods are handed over. If you recognize that the outer packaging arrives damaged or if you notice damage after receiving the goods, please inform us. However, there is no obligation to provide such notification, nor are warranty rights affected by failure to notify us. If the goods are defective, you can choose to demand subsequent performance in the form of rectification or subsequent delivery within a reasonable period of time. We shall bear the costs of taking back the goods to be replaced.
Notwithstanding the statutory warranty provisions, in the event of a defect, we shall, at our discretion, provide subsequent performance in the form of rectification of the defect or replacement delivery. The risk of accidental loss or deterioration of the goods shall pass to you upon delivery to the person responsible for transportation. Entrepreneurs must report obvious defects immediately, and non-obvious defects immediately after discovery in text form; otherwise, the assertion of the warranty claim is excluded. Timely dispatch is sufficient to meet the deadline. The entrepreneur shall bear the full burden of proof for all claim requirements, particularly for the defect itself, for the time of discovery of the defect and for the timeliness of the notice of the defect.
In the event of a minor defect, you are only entitled to a reasonable reduction in the purchase price, excluding the right of rescission.
No warranty is given for damage caused by improper handling or use. Express reference is made to the following exclusion of liability.
For consumers, the statutory limitation periods apply unless a different limitation period has been expressly agreed for used goods. If you are an entrepreneur, the warranty for used goods is excluded; for new goods, it is 1 year. Excluded from this is the right of recourse according to § 478 of the German Civil Code. The shortening of the limitation period expressly does not exclude liability for damages resulting from injury to life, body or health or in the case of intent or gross negligence. The provisions of the Product Liability Act also remain unaffected by this.
The statutory warranty rights shall apply.
We give you the opportunity to rate and comment on the offers and projects of other users. In doing so, you are obliged to provide information to the best of your knowledge and belief. Ratings and comments submitted may be editorially checked by us for admissibility. We are entitled, but not obliged, to publish ratings and comments on our website and make them visible to all users.
We will deactivate or delete abusive or illegal ratings or comments without prior notice. This is particularly the case if false, insulting or other illegal information is provided, or if the ratings or comments are misused as advertising space.
We have the copyright or exclusive right of use or ownership of the app. You merely secure the rights of use to the app for the agreed purpose but do not acquire any ownership rights or copyrights.
Without our express consent, you are not entitled to transfer the rights of use granted by us to third parties against payment or free of charge or to pass them on to third parties in any other way. It is also prohibited without our express consent to modify or edit the app.
The app provided is protected by copyright. We alone are entitled to all rights arising from the copyright. The copyright includes, in particular, the complete program code, the structure, and the appearance and design of the applications.
Any altering reproduction, distribution, modification, etc., is not permitted without express permission. In particular, the creation of screenshots and copies and the downloading of graphics are prohibited.
We reserve the right to claim damages for any breach of the contractual license conditions, particularly in the event of copyright infringement.
You are prohibited from using the application for purposes other than those agreed.
We are entitled to modify the application within the scope of (necessary) updates and upgrades. These changes are also subject to copyright protection.
To the extent that third parties assert claims of infringement of their intellectual property based on the application developed by us or their possession and/or use thereof, we are responsible for the investigation, defense, settlement and exculpation with respect to the asserted claims.
We and our legal representatives and vicarious agents are only liable for intent or gross negligence. Insofar as material contractual obligations (i.e., obligations whose fulfillment is of particular importance for achieving the purpose of the contract) are affected, liability shall also be assumed for slight negligence. Liability shall be limited to the foreseeable damage typical of the contract. In the event of a grossly negligent breach of non-essential contractual obligations, we shall only be liable to entrepreneurs in the amount of the foreseeable damage typical for the contract.
The above exclusion of liability does not apply to liability for damages resulting from injury to life, limb or health. The provisions of the German Product Liability Act also remain unaffected by this exclusion of liability.
We carry out adequate data backups as part of the provision of services but do not provide a general data backup guarantee for the data you transmit. You are also responsible for creating appropriate data backups at regular intervals to prevent data loss. We will exercise reasonable care in providing the agreed Service and will perform the data backup with the necessary expertise. However, we do not guarantee that the stored content or data you access will not be accidentally damaged or falsified, lost or partially removed.
You are solely responsible for the content of your posts or your profile. Your content may not violate applicable laws or these General Terms and Conditions. You also undertake not to transmit any data whose content violates the rights of third parties (e.g., personal rights, rights to a name, trademark rights, copyrights, etc.). In particular, contributions or profiles with criminal content may not be published, or untrue facts may not be claimed. As the operator of the website, we are not liable for incorrect information provided by users in their posts or profiles. We do not check the content posted on our website (in particular, with regard to the infringement of third-party rights). However, should we become aware of incorrect, inaccurate, misleading or illegal information, we will check this immediately and remove it if necessary. We also accept no liability for the accuracy, topicality, completeness, quality or legality of content that does not originate from us. We merely make our platform available to you.
Our registered office is agreed to be the exclusive place of jurisdiction for all legal disputes arising from this contract, provided that you are a merchant, a legal entity under public law, or a special fund under public law.
Insofar as there are no mandatory statutory provisions to the contrary under your home law, German law shall apply to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods.
The EU Commission has created an internet platform for the online settlement of disputes concerning contractual obligations arising from online contracts (ODR platform). You can access the ODR platform via the following link: http://ec.europa.eu/consumers/odr/. We are not willing or obliged to participate in dispute resolution proceedings before a consumer arbitration board.
The invalidity of individual provisions shall not affect the validity of the remaining General Terms and Conditions.