AGB

1. General

1.1 Scope of application

These General Terms and Conditions apply in the version valid at the time of conclusion of the contract for all business relationships between us (Trendideen Lueers UG (haftungsbeschränkt), 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.

1.2 Contractual agreement

The contractual languages are German and English.

1.3 Registration

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.

1.4 Download our app via the App Store or Play Store

Our app is available via the Apple App Store and the Google Play Store. The download is processed via the corresponding store. A user account is required for the download. You can set this up in the App Store or Play Store. Use of the stores is subject to their terms of use. Once you have downloaded and installed the 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.

1.5 Conclusion of contract

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.

1.6 Subsequent amendment of the Terms and Conditions

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.

2. Service description and delivery

2.1 General

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 "cash 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 cash card - in contrast to conventional hardware wallets - is that the private key is only stored in the card and cannot be extracted. The "Cash-Cards" will also be available in our online store. Please note that the "cash 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.

2.2 Creation of 3D models

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, you will be redirected to PayPal under the menu item "Calculate" after clicking on "Pay with PayPal". There, you log in with your PayPal access data and click on "Continue". This does not yet trigger a payment obligation but leads to a return to our online store in the next step.

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.

2.3 Provision of services

We are entitled to have the contract or parts of the contract fulfilled by third parties.

2.4 Partial deliveries

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.

2.5 Exclusion of delivery

We do not deliver to PO Box addresses.

2.6 Delays in delivery and performance

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.

2.7 Default of acceptance

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.

2.8 Time of performance

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.

3. Payment

3.1 Prices and shipping costs

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.

3.2 Default of payment

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.

3.3 Right of retention

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.

4. Withdrawal policy for consumers in the case of distance contracts

Exclusion of the right of withdrawal

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.

Special information on the premature expiry of the right of withdrawal

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.

Special notes on the premature expiry of the right of withdrawal

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.

5. Reservation of title

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.

6. Your responsibility

6.1 General

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.

6.2 Indemnification

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.

6.3 Data backup

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.

6.4 Duty to cooperate

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.

6.5 Obligation

You undertake that you do not intend any illegal or immoral activities with the services to be provided by us.

6.6 Abusive content

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:

• Displaying content that is offensive, obscene, threatening, insulting or otherwise violates the rights of third parties,
• Presentation of content that glorifies violence, is pornographic or otherwise offensive or punishable by law.

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.

6.7 Abusive behavior

As a user of our website or app, you undertake to refrain in particular from the abusive behavior listed below:

• False and/or incorrect information,
• Manipulation of our website/app by inserting codes or in any other way,
• Sending or transmitting content that is likely to disrupt, impair or prevent the operation of our website/app, e.g., viruses, worms, Trojans and harmful computer codes, files, scripts, agents or programs,
• Use data mining, robots, spiders, crawlers, scrapers, scripts, browser extensions or other automated means or interfaces to access or extract data from our Service,
• to archive, reproduce, distribute, present or offer for sale the content of our website/app,
• Use of our website/app in connection with other programs, unless you have been expressly permitted to do so by us,
• Attempt to gain unauthorized access to our website/app, individual modules, systems or applications, or grant such access to third parties.
• Access to our Service using a different blockchain address if we have blocked access for one of your other blockchain addresses.

6.8 Tokentags

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.

6.9 Functionality of the tokentags and cash cards

Both the token tags and the cash 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 cash 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.

7. Use of content

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.

8. License agreement 3D models

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.

9. Usability of the services

9.1 Further development of the service/availability

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.

9.2 Technical Requirements

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 / iOS smartphone with token-tagged app), internet access and a crypto wallet.

10. Warranty

10.1 Warranty for goods

10.1.1 Warranty claim

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.

10.1.2 Warranty towards consumers

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.

10.1.3 Warranty towards entrepreneurs

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.

10.1.4 Rights in the event of minor defects

In the event of a minor defect, you are only entitled to a reasonable reduction in the purchase price, excluding the right of rescission.

10.1.5 Compensation for defects

No warranty is given for damage caused by improper handling or use. Express reference is made to the following exclusion of liability.

10.1.6 Limitation period

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.

10.2 Warranty for services

The statutory warranty rights shall apply.

11. Ratings and comments

11.1 General

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.

11.2 Abusive or illegal ratings / comments

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.

12. Copyright and rights of use

12.1 Rights of use and scope of use

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.

12.2 Copyright protection

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.

12.3 Compensation for damages

We reserve the right to claim damages for any breach of the contractual license conditions, particularly in the event of copyright infringement.

12.4 Restriction of the right of use

You are prohibited from using the application for purposes other than those agreed.

12.5 Updates and upgrades

We are entitled to modify the application within the scope of (necessary) updates and upgrades. These changes are also subject to copyright protection.

12.6 Third party claims

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.

13. Liability

13.1 Exclusion of liability

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.

13.2 Reservation of liability

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.

13.3 Data backup

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.

13.4 Liability for content

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.

14. Final provisions

14.1 Place of jurisdiction

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.

14.2 Choice of 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.

14.3 Consumer dispute resolution procedure

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.

14.4 Severability clause

The invalidity of individual provisions shall not affect the validity of the remaining General Terms and Conditions.