GENERAL TERMS AND CONDITIONS

§ 1 VALIDITY OF THE CONDITIONS

1. For the business relationship between cryptoclon, a division of D7 AG, Bahnhofstrasse 10, 8001 Zürich, Switzerland, (hereinafter "vendor, cryptoclon or D7 AG") and the customer (hereinafter "customer or buyer"), the following general terms and conditions in the version valid at the time of the respective order/purchase (hereinafter "GTC") shall apply to all transactions conducted on the Internet via the URL (https://www.cryptoclon.com, hereinafter "vendor, cryptoclon or D7 AG") or the services or platforms used for such transactions.
    
2. Sales, invoicing, warranty processing, terms and conditions etc. are therefore based on the company D7 AG registered in the Swiss Commercial Register. (hereinafter referred to as vendor). VAT number / UID Register: CHE-420.367.598, commercial register data number RFN: CH-241.3.016.269-2
    
3. Deliveries, services and offers of the vendor are made exclusively on the basis of these terms and conditions, even if they are not expressly agreed again. By purchasing NFT's and related physical goods or services, you are deemed to have accepted these terms and conditions. Deviations from these terms and conditions are only effective if we confirm them in writing.
    

§ 2 NFT License

1. Definitions:

   1. “Art” means any art, design, and drawings that may be associated with an NFT that you Own.

   2. "NFT" means any blockchain-tracked, non-fungible token, such as those conforming to the ERC-721 standard.

   3. “Own” means, with respect to an NFT, an NFT that you have purchased or otherwise rightfully acquired from a legitimate source, where proof of such purchase is recorded on the relevant blockchain.

   4. “Extensions” means third party designs that: (i) are intended for use as extensions or overlays to the Art, (ii) do not modify the underlying Art, and (iii) can be removed at any time without affecting the underlying Art.

   5. “Purchased NFT” means an NFT that you Own.

   6. “Third Party IP” means any third party patent rights (including, without limitation, patent applications and disclosures), copyrights, trade secrets, trademarks, know-how or any other intellectual property rights recognized in any country or jurisdiction in the world.

2. Ownership
   You acknowledge and agree that cryptoclon (or, as applicable, its licensors) owns all legal right, title and interest in and to the Art, and all intellectual property rights therein. The rights that you have in and to the Art are limited to those described in this License. cryptoclon reserves all rights in and to the Art not expressly granted to you in this License.

3. License

   1. a) General Use
      Subject to your continued compliance with the terms of this License, cryptoclon grants you a worldwide, non-exclusive, non-transferable, royalty-free license to use, copy, and display the Art for your Purchased NFTs, along with any Extensions that you choose to create or use, solely for the following purposes: (i) for your own personal, non-commercial use; (ii) as part of a marketplace that permits the purchase and sale of your NFTs, provided that the marketplace cryptographically verifies each NFT owner’s rights to display the Art for their Purchased NFTs to ensure that only the actual owner can display the Art; or (iii) as part of a third party website or application that permits the inclusion, involvement, or participation of your NFTs, provided that the website/application cryptographically verifies each NFT owner’s rights to display the Art for their Purchased NFTs to ensure that only the actual owner can display the Art, and provided that the Art is no longer visible once the owner of the Purchased NFT leaves the website/application.

   2. b) Commercial Use
      Subject to your continued compliance with the terms of this License, cryptoclon grants you a limited, worldwide, non-exclusive, non-transferable license to use, copy, and display the Art for your Purchased NFTs for the purpose of commercializing your own merchandise that includes, contains, or consists of the Art for your Purchased NFTs (“Commercial Use”), provided that such Commercial Use does not result in you earning more than Five Hundred Thousand Dollars ($500,000) in gross revenue each year. For the sake of clarity, nothing in this Section 3.b will be deemed to restrict you from (i) owning or operating a marketplace that permits the use and sale of NFTs generally, provided that the marketplace cryptographically verifies each NFT owner’s rights to display the Art for their Purchased NFTs to ensure that only the actual owner can display the Art; (ii) owning or operating a third party website or application that permits the inclusion, involvement, or participation of NFTs generally, provided that the third party website or application cryptographically verifies each NFT owner’s rights to display the Art for their Purchased NFTs to ensure that only the actual owner can display the Art, and provided that the Art is no longer visible once the owner of the Purchased NFT leaves the website/application; or (iii) earning revenue from any of the foregoing, even where such revenue is in excess of $500,000 per year.

4. Restrictions
   You agree that you may not, nor permit any third party to do or attempt to do any of the foregoing without cryptoclon’s express prior written consent in each case: (i) modify the Art for your Purchased NFT in any way, including, without limitation, the shapes, designs, drawings, attributes, or color schemes (your use of Extensions will not constitute a prohibited modification hereunder); (ii) use the Art for your Purchased NFTs to advertise, market, or sell any third party product or service; (iii) use the Art for your Purchased NFTs in connection with images, videos, or other forms of media that depict hatred, intolerance, violence, cruelty, or anything else that could reasonably be found to constitute hate speech or otherwise infringe upon the rights of others; (iv) use the Art for your Purchased NFTs in movies, videos, or any other forms of media, except to the limited extent that such use is expressly permitted in Section 3(b) above or solely for your own personal, non-commercial use; (v) sell, distribute for commercial gain (including, without limitation, giving away in the hopes of eventual commercial gain), or otherwise commercialize merchandise that includes, contains, or consists of the Art for your Purchased NFTs, except as expressly permitted in Section 3(b) above; (vi) attempt to trademark, copyright, or otherwise acquire additional intellectual property rights in or to the Art for your Purchased NFTs; or (vii) otherwise utilize the Art for your Purchased NFTs for your or any third party’s commercial benefit. To the extent that Art associated with your Purchased NFTs contains Third Party IP (e.g., licensed intellectual property from a celebrity, athlete, or other public figure), you understand and agree as follows: (w) that you will not have the right to use such Third Party IP in any way except as incorporated in the Art, and subject to the license and restrictions contained herein; (x) that the Commercial Use license in Section 3(b) above will not apply; (y) that, depending on the nature of the license granted from the owner of the Third Party IP, cryptoclon may need to pass through additional restrictions on your ability to use the Art; and (z) to the extent that cryptoclon informs you of such additional restrictions in writing (email is permissible), you will be responsible for complying with all such restrictions from the date that you receive the notice, and that failure to do so will be deemed a breach of this license. The restriction in Section 4 will survive the expiration or termination of this License.

5. Terms of License
   The license granted in Section 3 above applies only to the extent that you continue to Own the applicable Purchased NFT. If at any time you sell, trade, donate, give away, transfer, or otherwise dispose of your Purchased NFT for any reason, the license granted in Section 3 will immediately expire with respect to those NFTs without the requirement of notice, and you will have no further rights in or to the Art for those NFTs. If you exceed the $500,000 limitation on annual gross revenue set forth in Section 3.b above, you will be in breach of this License, and must send an email to cryptoclon at info@cryptoclon.com within fifteen (15) days, with the phrase “NFT License - Commercial Use” in the subject line, requesting a discussion with cryptoclon regarding entering into a broader license agreement or obtaining an exemption (which may be granted or withheld in cryptoclon’s sole and absolute discretion). If you exceed the scope of the license grant in Section 3.b without entering into a broader license agreement with or obtaining an exemption from cryptoclon, you acknowledge and agree that: (i) you are in breach of this License; (ii) in addition to any remedies that may be available to cryptoclon at law or in equity, the cryptoclon may immediately terminate this License, without the requirement of notice; and (iii) you will be responsible to reimburse cryptoclon for any costs and expenses incurred by cryptoclon during the course of enforcing the terms of this License against you.

6. Make an offer
   An original or a clone may or may not be in an auction. If no auction has been started for an original or a clone then everyone is free to submit an offer by OpenSea. NFT are frozen when the actual content of the NFT is fixed and cannot be changed. If an NFT is not frozen, it is because it will contain content tailored to the individual wishes of the MPNA owner. These NFTs are frozen as soon as the owner has given his consent. Unfrozen NFT's are subsequently updated with the individual content of the new owner and are frozen after consultation and approval of the owner.
    
7. Pricing structure
   The higher the starting bid of the MPNA, the higher the material value of the gift. Each original and clone has a starting bid in ETH that determines the material value of the gift, which is always 7% of the value in ETH of the starting bid. When cryptoclon launches, the last clone of each original has at least a starting bid value of 77 ETH and each additional clone increases the starting bid price by another 77 ETH of the previous clone. Once 77 cryptoclones MPNA have been sold and the game launches, we will release the launch of smartclones, which will have a lower starting price to make certain special products available to the masses for e.g. 7 ETH, 0.7 ETH and 0.07 ETH. Prices are still increased by the price of the previous clone. The more clones there are, the higher the price for the original. The number and totality of publishable clones make up the starting bid price of the original. If 10 clones of an original will exist, then the original has a fixed starting bid value of 847 ETH (11 * 77 ETH, 1 original and 10 clones). The first clone of the original has a starting bid value of 770 ETH and the last clone of the edition has a starting bid value of 77 ETH.
    

§ 3 MPNA, NFT and associated PHYSICAL

1. Each cryptoclon MPNA (Merged Physical NFT Art) consists of a single original and a certain number of unique clones in the form of an NFT derived from the original NFT. The number of original and clones is fixed from the beginning and will not be increased once is set.
    
2. Each original and clone NFT is accompanied by 7 additional "Mint the Game" NFTs which are circulated by the 77 initiators and initial MPNA owners to start the game. The physical of "The Gift" and the "Mint the Game" can be redeemed once cryptoclon has released and sold 77 originals or clones through OpenSea. cryptoclon commits to publish a minimum of 77 originals and/or clones (MPNAs) on OpenSea so that "The Gift" and "Mint the Game" can be redeemed once these published originals and clones have been sold over OpenSea.
    
3. Each original and clone contains a certain number of associated NFTs to redeem the associated physical goods. The first who buys an original or a clone will receive the corresponding NFTs within 24-48 hours via free NFT transfer, which cryptoclon does via OpenSea.
    
4. These NFTs can be traded freely and independently. You can keep the NFTs and all the related unique pieces of the original or clone, or sell and trade the individual NFT with the pieces like the physical, 7% gift or the "Mint the Game" separately.
    
5. Whether auction or offer, only the first owner of an cryptoclon original or a clone is entitled to the associated NFT(s) hereinafter referred to as "The Physical" NFT, "The Gift" NFT and "Mint the Game" NFT. The first owner receives these NFTs by OpenSea transfer when he buys the original or the clone and can then freely dispose of them.
    
6. Each original or clone NFT consists of 7 x "Mint the Game" NFTs belonging to the original or clone. Each owner who owns a "Mint the Game" NFT is entitled once to redeem the "Mint the Game" as physical. In total, 7 games per original or clone are brought into circulation, so that the game can be started witht the 77 initiators and additional 539 players (7 * 77).
    
7. cryptoclon transfers these associated NFTs to the wallet address of the first NFT owner of the original or clone within 24-48 hours after a successful sale. The owner will receive these associated NFTs from cryptoclon free of charge via OpenSea's transfer function.
    
8. These NFTs can be traded freely and independently. Each of these NFTs contains unlockable content that entitles the owner to redeem the asset that is physically associated with it.
    
   • The Original & The Clones
     Each original or clone NFT is entitled to redeem one (1x) "Mint the Game" as a physical. The original and clone NFT contains unlockable content to redeem the physical. The "Mint the Game" physical can be redeemed from the moment when 77 cryptoclon NFT's (items, originals and/or clones) have been published and sold via OpenSea (please refer to section 6 of this guide).
      
   • "The Physical" NFTs
     This may be a single or several individual NFTs. Each NFT is used to redeem a physical item and each NFT contains a request code in the unlockable content for the physical and a URL that leads to a page where the request code, verification amount (see below, authentication as owner) and the complete address where the physical should be sent must be entered. If the customer wants to use the service of customization of an physical, it is necessary to leave a contact option (email, phone, messenger).
      
   • "The Gift" NFTs
     One (1x) NFT for redeeming the 7% gift with request code. This gift can be redeemed from the moment when 77 cryptoclon NFT's (items, originals and/or clones) have been published and sold via OpenSea. A "The Gift" NFT exists only once from an original or a clone.
      
   • "Mint the Game" NFTs
     Each original or clone NFT consists of seven (7x) "Mint the Game" NFTs belonging to the original or clone. Each owner who owns a copy is entitled once to redeem the "Mint the Game" as physical. If an owner owns multiple NFTs of the game, he can redeem these physicals multiple times according to the number of NFTs he/she own. The "Mint the Game" can be redeemed from the moment when 77 cryptoclon NFT's (items, originals and/or clones) have been published and sold via OpenSea (please refer to section 7 of this guide).
      
9. Each MPNA may consist of one or more different tangible goods which, taken as a whole, constitute a unique work of art of a special kind. A physical can only be redeemed by the current owner of the wallet address who also owns the NFT.
    
10. The "The Physical" NFT(s), "The Gift" NFT and each "Mint the Game" NFT have a code and URL in the unlockable content that allows the respective owner of the NFT to redeem the associated physical, gift or game.
     

11. If the first owner sells one of this NFTs and does not redeem the physical, then the physical can be redeemed by the next owner of the NFT. To make sure you can redeem the physical goods before you buy an NFT, you can check if a physical good has already been redeemed at: https://cryptoclon.com/Redeemed-Physical.

    • Each physical can only be redeemed once
      Everyone has to check for himself if a physical of "The Physical" NFT, "The Gift" NFT or "Mint the Game" NFT of an original or clone has been already redeemed by an owner. On our page at https://cryptoclon.com/Redeemed-Physical, we inform which physical or gift has already been redeemed and sent. Each physical can only be redeemed once, there is no claim for damages of any kind against cryptoclon for non-performance of delivery and/or service, if the physical has already been redeemed and delivered to an owner.
       
    • Authentication as owner
      In order to verify that it is really the owner when redeeming a valuable physical Item and not someone who only has the request code because he bought the item and then resold it. cryptoclon will transfer a small amount in ETH, e.g. 0.01546... ETH to the owner wallet address listed at OpenSea. In order for the owner to redeem the physical goods, he must be able to enter the transferred amount in ETH and the request code.
       
12. Shipping of the physical to the owner is included in the NFT price as long as it complies with the delivery conditions. We deliver the physical worldwide. Please refer to our delivery conditions.
     
13. Tax and customs charges are always the responsibility of the buyer and are in addition to the purchase price of an MPNA, NFT, physical or article.
     
14. The use of the customization service and personal change requests are made after consultation with you and will be charged additionally according to effort, unless otherwise expressly stated on the article. The purchase of the NFT and prior payment is a prerequisite for the use of the individualization service. Costs for individualization or personal change requests will always be charged in addition to the NFT price (unless otherwise expressly stated on the article) and after prior consultation with the NFT owner.

§ 4 "The Gift" and "Mint the Game" NFTs

1. cryptoclon commits to publish a minimum of 77 originals and/or clones (MPNAs) until 2022/01/06 on OpenSea so that "The Gift" and "Mint the Game" can be redeemed once these published originals and clones have been sold over OpenSea.

2. cryptoclon is only obliged to publish further originals/clones so that at least 77 originals/clones are published on OpenSea and "The Gift" and "Mint the Game" can be redeemed if at least one (1x) MPNA (original/clone) has been sold. As long as at least one (1x) MPNA has not been sold, cryproclon is free to stop or adjust the offer and all related services at any time.

3. The physical assets "The Gift" and "Mint the Game" can only be redeemed once these 77 originals and clones of cryptoclon have been successfully sold on OpenSea. The mere publication of the 77 originals and clones does not entitle to redeem the physical assets of "The Gift" and and "Mint the Game".

4. The market and its demand decide when "The Gift" and "Mint the Game" can be redeemed and "Mint the Game" will be started. Once the 77 cryptoclon NFT's (originals and clones) have been sold, cryptoclon will inform about the "The Gift" and "Mint the Game" on their website.

5. Only the first owner of an cryptoclon original or a clone is entitled to get the associated NFT(s) hereinafter referred to as "The Gift" NFT or "Mint the Game" NFTs. The first owner receives these NFTs transfered when he buys a original or a clone.

6. cryptoclon transfers these associated "The Physical", "The Gift" and "Mint the Game" NFTs to the wallet address of the NFT owner of the original or clone within 24-48 hours after a successful sale. The owner will receive these associated NFTs from cryptoclon free of charge via OpenSea's transfer function.

7. The gift has a physical material net value of 7% of the starting bid value of the purchased NFT in ETH at the USD exchange value of the purchase date of the NFT. The "starting bid" is stated in the NFT and on our website and is not the final price paid for the NFT. Each physical "The Gift" can only be redeemed once. The physical material net value is specified in the description field of the corresponding "The Gift" NFT in ETH. A "The Gift" exists only once from an original or a clone.

8. Only original and clone NFTs count towards the 77 NFTs units and not "The Physical", "The Gift" or "Mint the Game" NFTs. An original and a clone will always be counted as 1 unit each of the 77 units that must be released and sold. "The Physical", "The Gift" and "Mint the Game" NFTs are not counted and are not part of the 77 units that must be released and sold.

9. Once the 77 cryptoclon NFT's (originals and/or clones) have been published and sold through OpenSea, existing and future first-time buyer of a cryptoclon MPNA can redeem and will receive the "Mint the Game" in physical form. Each owner who owns a "Mint the Game" NFT of a original or clone NFT is entitled once to redeem the "Mint the Game" as physical.

10. Once the 77 cryptoclon NFT's (originals and clones) have been sold, we will inform about the "Mint the Game" and how it works on this page. Every existing and future owner of a cryptoclon MPNA will find a code in the unlockable content of the NFT to redeem the "Mint the Game" in physical form. The "Mint the Game" can then be played for real between the first 539 (77 * 7 = 539) existing and following cryptoclon MPNA owners.

11. This unique game is designed for durability. Depending on the version, the production cost for the physical game ranges from 1500 to 3000 USD. cryptoclon takes the right to decide which physical sets (versions) of the game will be sent to the owner depending on MPNA and purchase price.

§ 5 OFFER AND CONCLUSION OF CONTRACT

1. The information in our sales documents, advertisements and on the website (drawings, illustrations, delivery dates, dimensions, weights, specifications and other services) may deviate in rare cases. Images, films, advertising and brochures in the online store are for illustration purposes only and are not binding and may differ from the actual product. The information is therefore non-binding unless it is expressly described as binding in writing.
    
2. Generated emails does not represent such a written, binding confirmation or contract agreement. The email which you receive automatically after a successful buy of an NFT is an order confirmation and should be printed out and stored by the customer for any further questions. After receipt of the order, the vendor checks the address, prices, articles, payment and keeps the customer up to date with further emails (status changes) regarding dispatch, collection or further processes. 
    
3. In case of any incorrect information od address and resulting shipping problems, the provider will contact the customer directly over the used NFT-platform or e-mail, depending on their importance. Information about delivery dates and postponements can possibly be viewed by the customer directly in the shop for the respective item - no recurring information such as postponements of dates will be sent to the customer in the case of arrears. 
    
4. If an ordered item is no longer or only with difficulty available, the vendor can withdraw from the contract at any time by refunding the full purchase amount to the buyer. There is no right to claim damages of any kind from the vendor due to non-performance of the delivery and/or service. 
    
5. All information and details on the availability and delivery time of goods displayed on the website are without guarantee.
    

§ 6 RATES

1. The prices stated in our NFTs, order, confirmation or invoice are decisive. The prices on the website (partner sites like OpenSea) can deviate in very rare exceptional cases or be wrongly indicated. If this is the case with an NFT or ordered article, the customer will be contacted by us and the further procedure agreed. Cancellation/money back is then easily possible in such a case. 
    
2. Tax and customs charges are always the responsibility of the buyer and are in addition to the purchase price of an MPNA, NFT, physical or article.
    

§ 7 DELIVERY AND PERFORMANCE TIME

1. Dates and delivery periods are generally non-binding, unless otherwise expressly agreed in writing. The specification of certain delivery periods and delivery dates by the vendor is always subject to the correct and timely delivery of the vendor by his suppliers.
    
2. Only for goods in stock and if it is not stated otherwise with the product, the delivery time is approx. 7 working days after receipt of payment or after confirmation of cover for crypto- or credit card payment. Provided the goods are immediately available from stock. In exceptional cases, the delivery time may be longer, e.g. due to country-specific customs regulations.
    
3. If the goods are not in stock, then the applicable delivery times are indicated on the page of each product.
    

§ 8 DEFAULT IN ACCEPTANCE

1. If the buyer refuses acceptance of the delivery items after an order and expiry of a period of grace set for him or declares that he does not want to take delivery of the goods, the vendor can refuse to fulfil the contract and claim the costs for non-performance from the buyer in the amount of the actual damage incurred.

§ 9 SHIPMENT

1. Visible differences in quantity must be reported in writing to the vendor and the carrier immediately upon receipt of the goods, hidden differences in quantity within 7 days of receipt of the goods. Complaints regarding damage, delay, loss or poor packaging must be reported immediately after receipt of the consignment. Transport damage must be reported immediately and immediately after receipt of the post, DHL, UPS or the respective courier.

§ 10 TRANSFER OF RISK

1. The risk is transferred to the buyer as soon as the consignment has been handed over to the person carrying out the transport. If dispatch is delayed or becomes impossible through no fault of ours, the risk shall pass to the purchaser upon notification of readiness for dispatch.
    
2. The assumption of the transport costs by the vendor has no influence on the transfer of risk.

§ 11 WARRANTY

1. The goods must be checked for transport damage immediately upon receipt. In the event of transport damage, the respective delivery service that delivered the goods must be contacted directly without delay. Incorrectly ordered or incorrectly delivered goods must be reported within 10 days of receipt and returned immediately unopened.
    
2. The vendor guarantees that the products are free of manufacturing and material defects within the scope of the manufacturer's guarantee. Unless expressly agreed otherwise in writing or warranted by the manufacturer, the warranty period shall be at least 1 year in accordance with the following provisions.
    
3. The warranty period begins with the delivery date. If our operating or maintenance instructions are not followed, changes are made, parts are replaced or consumables are used that do not correspond to the original specifications, any warranty shall lapse if the defect is due to this. This also applies if the defect is due to improper use, storage and handling of the equipment, or external intervention or the opening of equipment. Insignificant deviations from warranted characteristics of the goods do not trigger any warranty rights.
    

4. Antique pieces older than 100 years are excluded from the normal warranty, because spare parts are no longer sufficiently available to repair the antique piece. The vendor warrants to the buyer that the antique item purchased will be in perfect condition upon delivery and will function properly as advertised. Thereafter, it is the buyer's responsibility to treat the antique in such a manner as to ensure its continued function. If an antique piece does not work after it has been purchased and used, it is possible to clarify separately with the vendor whether, how and at what cost the antique piece can be repaired. If an antique piece is delivered with defects, the buyer must report these defects to the vendor within 7 days after receipt of the goods. In such a case, please contact us directly.

5. Liability for normal wear and tear and wear parts is excluded.
    
6. Warranty claims against the vendor are only entitled to the direct buyer and are not transferable.
    
7. On software installations and errors with PCs, Notebooks, mobile terminals or Smart Watches etc. we take over no guarantee. No warranty claims can be made for software errors or malfunctions either.
    
8. In the case of goods not produced by the vendor himself, the vendor only grants a warranty to the extent that it is subsequently assumed by the manufacturer. If the manufacturer does not accept an article from the vendor as a guarantee case, the vendor will not take over any services under guarantee and the legal guarantee is excluded.
    
9. Unless otherwise agreed, the defective parts/devices will be replaced or repaired by equivalent ones.
    
10. The buyer has no right to claim back the purchase price if the equipment is repaired or replaced by the manufacturer free of charge.
     
11. There is no right to claim damages resulting from the use of the defective product.
     

§ 12 RETURNS

1. Ordered goods must always be returned new and unused. The goods must be in their original packaging and must be returned with all protective devices, labels and stickers attached to the product during shipment and with all additional accessories or replacement material supplied. 
    
2. If the goods are not returned according to these specifications, the vendor is entitled to offset the material value of the goods not returned with the refund to be paid to the customer. 
    
3. If goods are damaged during return transport due to the fault of the customer, the vendor can also set them off against the refund to be paid to the customer.
    
4. Goods which are not prefabricated, which are only produced on the customer's order, limited editions and all goods whose production is clearly tailored to the personal needs of the customer or an individual determination or selection by the customer is decisive, are excluded from the return and reimbursement of the purchase price. This also applies, for example, to individual engravings or changes to the goods, individual customer wishes and goods that cannot be delivered to the country of destination due to import restrictions. We do not grant a right of withdrawal for such products, because they are individual products.
    
5. If goods ordered and paid by the buyer cannot be produced or can no longer be produced, the buyer is entitled to a refund of the purchase price. There is no right to claim damages which could arise from the non-delivery.
    
6. There is no right to claim the delivery or the ordered goods and products if the vendor refunds the purchase price to the customer on a free basis.
    
7. If the purchase price is refunded, the refund will be made less delivery, shipping and additional costs. Refunds will be made by the same payment method used by the customer when placing the order.
    
8. The buyer bears the costs of returning the ordered goods.
    
9. The replacement of parts, assemblies or entire devices does not give rise to any new warranty periods. The warranty is limited exclusively to the repair or replacement of the damaged delivery items. When sending in the goods to be repaired, the buyer must ensure that data on these are secured by copies, since these can be lost during repair interventions. The vendor only grants a guarantee to the extent that it can be passed on to the respective manufacturer.
   
    

§ 13 CUSTOMS DUTIES AND TAXES

1. We ship goods exclusively from Switzerland to the customer's country of destination. Due to the fact that Switzerland is not an EU country, customs duties and taxes may be incurred which are not included in the purchase prices shown on this platform. If the place of delivery of the goods is not within Switzerland, you must pay the customs duties and taxes that your customs authority deems appropriate.
    
2. Customs duties and taxes are never included in the purchase price listed on this platform.
    
3. Customs duties and taxes are levied on goods that are transported across Swiss borders.
    
4. If the place of delivery of the goods is not within Switzerland, you must pay the customs duties and taxes that your customs authority deems appropriate.
    
5. Ordered goods may not be delivered to you until you have paid the customs duties and taxes to the customs authorities.
    
6. It is up to the buyer to clarify whether the ordered product may be imported into his country of destination. If, due to import restrictions, goods ordered cannot be delivered to the specified country of delivery for the first delivery, expenses for additional delivery attempts will be invoiced separately after consultation with the purchaser or the product can be collected by the purchaser in Switzerland at Bahnhofstrasse 10 in Zürich by appointment.

§ 14 RESERVATION OF PROPRIETARY RIGHTS

1. Delivered goods remain the property of the vendor until full payment has been received.
   
    

§ 15 PAYING

1. A payment and entitlement to physical goods is deemed to have been made when the provider can dispose of the amount of the NFT and the customer can provide proof of purchase of the NFT.
    
2. Should the buyer be in default of payment, the vendor is entitled to charge interest of 10 % from the relevant point in time. During the period of the delay the vendor is also entitled to withdraw from the contract, to reclaim the delivered goods and to claim damages for the failure of the contract.
    
3. The provider reserves the right to assign or pledge possible purchase price claims against the customer in connection with the delivery of goods, including any due instalment payments, reminder fees and default interest to third parties.
    
4. Claims become due immediately if the customer is in default of payment, culpably fails to meet other essential obligations under the contract or if we become aware of circumstances that are likely to reduce the creditworthiness of the customer, in particular cessation of payments, pendency of composition or bankruptcy proceedings. In these cases we are entitled to withhold outstanding deliveries or only to execute them against advance payment or securities.

§ 16 LIMITATION OF LIABILITY

1. Claims for damages from impossibility of performance, from breach of contract, from culpa in contrahendo and from tort are excluded both against the provider and against our vicarious agents or vicarious agents, unless intentional or grossly negligent action is involved. Any liability is rejected as far as legally possible. No liability is accepted for consequential damage resulting from the use of the products.
    
2. In no event shall the Purchaser have any claims for compensation for damage which has not occurred to the delivery item itself, such as loss of production, loss of orders, loss of use, loss of profit or all other direct or indirect damage. This exclusion of liability also applies to claims arising from positive breach of contract, culpa in contrahendo or tort.
    
3. Note for allergy sufferers - Even if our leather products are a natural material with vegetable tanning, leather can still cause contact allergies. People can be allergic to anything, including leather, wool, cotton or silk. Contact allergies can also occur to sensitive people when they come into contact with metals or precious metals. We advise people who already have allergies or who are highly sensitive to metals, leather, fish or sturgeon products to avoid these products or to seek medical advice before using them properly. No liability is accepted for damage or consequential damage resulting from the use of these products.

§ 17 COPYRIGHT/SOFTWARE WARRANTY

1. As far as software belongs to the scope of delivery, this is left to the buyer alone for the unique resale and/or for own use, i.e. he may not copy these, nor leave others to the use. Software is excluded from all warranty conditions on forms.
    

§ 18 DATA PRIVACY

1. Please read the exact data protection guidelines and precautions on the homepage under "Privacy Policy".
    

§ 19 TERMS OF USE

1. The provider of this website constantly checks and updates the information on this website. Despite all care, information may have become outdated in the meantime and further development of the products may have resulted in deviations from the descriptions contained here. Therefore, no liability or guarantee can be assumed for the topicality, correctness and completeness of the information provided. The same applies to all other websites referred to by hyperlink. The provider of these websites is not responsible for the content of the websites that can be accessed through such a link. The provider of this website reserves the right to make changes or additions to the information provided at any time without prior notice.
    
2. All names mentioned on this website may be trademarks or registered trademarks of other companies and are the property of their respective owners. They are reproduced here solely for reasons of clarity and without any further legal claim.
    
3. The content and structure of this website are protected by copyright. The reproduction of information or data, in particular the use of texts, parts of texts or images, requires the prior written consent of the provider of this website. The same applies to the reproduction of this website in frames.

§ 20 APPLICABLE LAW AND PLACE OF JURISDICTION

1. Canton Zürich in Switzerland is the exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship. The legal relationship is subject to Swiss law.
    
2. Application of the UN Convention on Contracts for the International Sale of Goods is excluded.
    
3. Before appealing to the judge, we would like to point out in our mutual interest to seek an amicable solution to any disputes.

2021, cryptoclon, D7 AG
Should individual provisions of this agreement be or become invalid, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by another provision which is valid and which comes closest to the invalid provision in terms of content and purpose. Errors excepted, subject to changes and adjustments.