General Terms & Conditions
§ 1 General information and scope
1.1 Corona Generation is a collection of a digital artworks (Corona Generation Members) sold as so-called "Non-Fungible Tokens" (NFT). Some proceeds from this campaign will be used for charitable purposes. The buyer is not entitled to demand individual proof of usage of the proceeds.
1.2 For reasons of legal security, our offer is only meant for those who have their residence (residential address) in Germany or any other Member State of the European Union and who have been duly identified as holders of a digital purse (wallet) for cryptocurrency by a payment service provider subject to state banking supervision.
§ 2 Requirements, procedures, the conclusion of contract
2.1 You can only mint Corona Generation NFTs on Polyscan.com using our Smart Contract. You can buy Corona Generation NFTs on any NFT marketplace like Opensea.io. When using these third parties, please refer to the terms and conditions of the third party.
2.2 We own all rights to the digital artworks created for "tokenisation" and resale as "Non-Fungible Tokens" (NFT). The Members (NFTs) are shown in the Polygon Blockchain via a program code ("smart contract"), which stores both the individual token ID and the wallet address of its owner or rights holder and, if applicable, other program data and information in a tamper-proof manner.
2.3 The Smart Contract (program code on the polygon blockchain) is the digital version of the contract between the buyer and owner of an NFT. All terms & conditions in the Smart Contract apply, these general terms and conditions are an addition to the Smart Contract.
§ 3 Transfer of rights, revenue sharing, ownership
3.1 When you own an NFT, you have exclusive and unrestricted rights in terms of time and location, to use the corresponding NFT privately, and to use it in accordance with its programming.
3.2 Due to the above transfer of rights, it is especially ensured that you can exhibit and also resell the purchased NFA at any time on relevant galleries and platforms (e.g. Opensea.io) by entering your wallet address. From every resale, we automatically get 5% of the net purchase price (Secondary Sale / Revenue sharing). The corresponding amount of cryptocurrency is transferred to our wallet kept in our name. Please remember to inform your buyer of this revenue sharing.
3.3 NFTs or the rights associated with them are basically inheritable under German law, but for the heir(s) to actually be able to access the digital inheritance, the testator has to make an appropriate provision.
3.4 Images & metadata for the NFTs are hosted on IPFS. Terms & conditions for IPFS apply. We recommend keeping a local copy of the image that belongs to the NFTs you own.
§ 4 Risk information, liability
4.1 We do not accept any liability for the availability and proper functioning of our website or the third parties you use to mint or buy NFTs. We would also like to point out that the entire blockchain technology for trading digital currencies and unique tokens for digital content such as NFTs is new and hence subject to many legal uncertainties and risks that are beyond our control and requires a high degree of caution and willingness to take on risks on the part of all contractual partners.
4.2 Our revenue sharing in case of resale in accordance with section 3.2 is a characteristic feature and an essential part of the Corona Generation member NFTs; it does not justify any defect claims on the part of the buyer.
4.3 In case of contract violations, irrespective of the legal grounds, we are responsible for in-tent and gross negligence. In the case of simple negligence, we shall only be liable:
– for damages arising from injury to life, limb or health, and
– for damages arising from the violation of an fundamental contractual obligation (ob-ligation, whose fulfilment makes it possible to execute the contract properly in the first place and on whose regular fulfilment the contractual partner regularly relies and may rely); in this case, however, liability is limited to compensation for the foreseeable, typically arising damage.
4.4 The above limitations of liability shall also apply to contractual violations by persons for whom we are responsible in accordance with statutory provisions. Claims under the Product Liability Act shall remain unaffected in all cases.
§ 5 Choice of law, dispute resolution, place of jurisdiction
5.1 This GTC and the contractual relationship with you shall be governed by the laws of the Federal Republic of Germany with the exclusion of substantive uniform law, especially the UN law on the international sale of goods. The statutory provisions restricting the choice of law shall remain unaffected. In particular, the choice of law should not have the result of depriving the consumer of the protection which, in the absence of the choice of law, would be afforded to him by mandatory provisions in the country of his habitual residence.
5.2 We shall endeavour to settle any disagreements arising from our contractual relationships amicably. However, we are not obliged to participate in a dispute resolution process before a consumer arbitration body and are generally not prepared to do so; we shall take a firm decision regarding this on a case-to-case basis.