General Terms and Conditions
These General Terms and Conditions (“GTC”) govern the use of the website operated and provided by Metarocks, which is used for the purchase of Non-Fungible Tokens (NFTs). Metarocks sells non-fungible tokens (NFTs) in serialized form. Each NFT is unique and non-reproducible, representing an individual item within a collection.
1 Use of the Website
1.1 The Website is operated by Metarocks and can generally be viewed without registration.
1.2 The Website and all services offered through the Website are provided “as is” and “as available”, without warranties of any kind.
1.3 You must not use the Website for any illegal or unauthorized purpose and you must not, in the use of the Website, violate any laws in your jurisdiction (including but not limited to copyright laws).
2. Purchase of NFT
3.1 - The purchase of NFT is only possible after successful registration on the Website. Registration requires verification of your e-mail address. By confirming your e-mail address, you also agree to these GTC.
2.2 - Registration on the website is reserved exclusively for natural persons who have reached at least the age of majority in their country of residence.
2.3 - When registering on the Website, it is necessary to provide a complete and truthful name. Users are required to update their personal data before making an NFT purchase. Registration using false data is not permitted and may lead to exclusion from the purchase process. Metarocks also reserves the right to delete accounts created with one-time e-mail addresses, so-called “disposable e-mail addresses”. The user is responsible for any consequences resulting from incomplete or incorrect information.
2.4 A person may only register once as a user on the Website and confirms by registering that they are not already registered.
2.5 You have no right to purchase NFT. Metarocks has the right to refuse to sell NFT to you without giving any reason. All data entered up to this point will be deleted by Metarocks.
2.6 NFTs are allocated randomly, you have no right to purchase one or more specific NFTs. The maximum number of NFTs per wallet is 5.
3 Minting and issuance of NFTs
3.1 Metarocks is the issuer of NFTs. Minting” or ‘minting’ of NFTs refers to you as the user purchasing NFTs.
3.2 NFTs will only be issued to Users who have purchased and paid for the relevant NFTs within 24 hours of receiving a purchase offer. Please note that there may be delays in updating your NFTs if payment is made by bank transfer or PayPal. The transfer of NFTs takes place on Fridays.
3.3 NFTs will be transferred to the Ethereum wallet address you provide on the Website. Metarocks is under no obligation to verify the accuracy of your Ethereum wallet address and accepts no liability for any problems arising from an incorrectly provided Ethereum wallet address. Once the transfer of the purchased NFTs to the Ethereum wallet address provided by you has taken place, Metarocks has fulfilled its obligation to issue the NFTs to you.
4 Ownership of NFTs and responsibility for the buyer's wallet
4.1 When you purchase an NFT, you acquire ownership of a digitized artwork registered on the Ethereum blockchain. Ownership of this artwork is transferred to you through a smart contract on the Ethereum blockchain. Each NFT is identified by a unique number and is fully managed within the Ethereum network. Ownership of the NFT and all related transactions are governed by the terms of the smart contract and the rules of the Ethereum network.
4.2 Users are solely and fully responsible for the security and management of their private Ethereum wallets. They are also responsible for validating all transactions and contracts that arise after the purchase of NFTs. This includes verifying the accuracy and security of each transaction within the Ethereum network.
4.3 Since the NFT smart contract runs on the Ethereum network, there is no way to undo, reverse or recover transactions with NFTs.
5 License to use NFT
5.1 Subject to your continued compliance with the Terms and Conditions and full payment of the purchase price, Metarocks grants you an exclusive, worldwide, perpetual, irrevocable, non-sublicensable and transferable license to use the NFT you have purchased (the “License”). You are authorized to store your NFT in your Wallet, display it in Metaverse galleries, download it or print it. Please note, however, that the NFT does not confer any rights to the physical or analog artwork.
5.2 Ownership of the NFTs you have purchased entitles you to display your name (and the name of another person if you wish) on the Website in relation to your NFTs. You may change or remove this entry at any time. However, please note that this entry does not reflect the actual ownership status of the relevant NFT.
5.3 The license granted to you to use the NFTs remains valid only as long as you own the NFTs. Once you transfer ownership of your NFTs to someone else - whether by gift, resale, inheritance or otherwise - you also transfer the license to your legal successor. That successor will then receive the same license with the same rights and restrictions that were originally granted to you. If you otherwise dispose of your NFTs for any reason, the License will terminate automatically and immediately, without notice, and you will lose any right to the NFTs.
5.4 The License will terminate immediately and without notice if a sale of an NFT is rescinded for any reason.
5.5 You are not permitted to modify your NFT in any way.
6 Intellectual Property Rights (IP Rights)
6.1 Except for the specific rights to use the NFT you have purchased granted in these Terms and Conditions, all content, information and materials on the Site - including, but not limited to, trademarks, logos, brands, names, designs, text, slogans, graphics, images, data, software and files - remain the exclusive property of Metarocks or its licensors or contractors. No license or right to use these proprietary rights is granted to you except as expressly set forth in the T&Cs. You therefore undertake not to take any action that could impair or infringe these property rights.
7 Fees, payment
7.1 You may pay for your purchase of NFT in EUR or in ETH. The purchase price is the price stated on the Website, including VAT.
7.2 If you choose to purchase an NFT through our Website, all financial transactions you make will be processed either through a third party payment service provider or directly through the Ethereum network. Please note that the external payment service provider may charge fees for its services. Transactions carried out via the Ethereum network are subject to so-called gas fees, which are charged by the Ethereum network. These fees are necessary to compensate for the network resources required to process and validate blockchain transactions.
7.3 Metarocks has neither insight into nor control over the payments or transactions executed on the Ethereum network. Furthermore, it is not possible for Metarocks to reverse transactions on the Ethereum network. Therefore, we assume no liability for any claims, damages or losses resulting from transactions, minting or any purchase you make, or any other transactions you make through the Ethereum network. Users bear the full risk for all activities within the Ethereum network.
8 License fees
8.1 For each additional sale of an NFT, Metarocks receives a share of 10% of the net sales price as royalties. The net sales price is the price paid for a subsequent purchase of an NFT excluding VAT. It is the responsibility of any subsequent seller of the NFT to take this royalty share into account on resale and to inform the buyer of this obligation accordingly.
9. Warranty
You have statutory warranty rights under applicable law.
10. no warranties or future promises
10.1 You acknowledge and agree that your initial purchase of an NFT from our initial issue is the only thing that is guaranteed with that purchase, regardless of whether you purchase through primary or secondary channels. Any future benefits or additions to this purchase are only supplements and are not guaranteed or included as part of your initial purchase.
10.2 NFTs were created solely as collectibles, not as investment vehicles or substitutes for cryptocurrencies. We make no promise or guarantee that NFTs will later retain any monetary value in fiat, cash or cryptocurrency.
11 Liability
Metarocks endeavors to ensure the accuracy of the information presented on this website. All data and information provided on this website is for non-binding general information purposes only and is provided without warranty of any kind.
12. Final provisions
12.1 Applicable law. These GTC and any contract concluded between Metarocks and the user for the purchase of an NFT as well as all disputes arising out of or in connection with this relationship shall be governed by German law, excluding the conflict of law rules and the UN Convention on Contracts for the International Sale of Goods.
12.2 Place of jurisdiction: For all disputes arising out of or in connection with these GTC or the contract concluded between Metarocks and the user for the purchase of an NFT, the competent court in Bremen shall have jurisdiction. This applies with the exception of an action against a consumer, for which the competent court at the consumer's place of residence or habitual abode has jurisdiction.
12.3 The place of performance is Bremen
13. Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period is fourteen days from the date of conclusion of the contract.
To exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post or e-mail). You can use the attached sample withdrawal form, but this is not mandatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Consequences of withdrawal
If you withdraw from the contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of 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 reimbursement until we have received the goods back or until you have supplied evidence of having sent back the goods, whichever is the earliest.
You must return your NFTs to us immediately and in any event no later than 14 days from the date on which you notify us of your withdrawal from this contract. The deadline is met if you transfer your NFTs before the 14-day period has expired.
You shall bear the direct costs of sending the NFT to us.
14. Sample withdrawal form
(Complete and return this form only if you wish to withdraw from the contract)
To:
DVX Networks GmbH
Teerhof 59
28199 Bremen
Bremen, Germany
info@metarocks.com
I/we (*) hereby cancel the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
- Ordered on (*)/received on (*)
- Name of the consumer(s):
- Address of the consumer(s):
- Signature of the consumer(s) (only for notification on paper)
- Date(s)
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(*) Delete as appropriate.