General terms and conditions of sale and issue
of the Greenhydromotion Projektgesellschaft GbR
for the HYM-Coin (Hydrogen-Coin)
1 Scope and applicability
1.1 The following terms and conditions (“Terms and Conditions”) apply to the sale or issuance of cryptographic coins/tokens and associated rights and digital content (“NFT”) by Greenhydromotion Projektgesellschaft GbR, Weidweg 4, 76829 Landau (hereinafter “GHYM”) via its homepage at www.greenhydromotion.com (“Platform”).
1.2 You can access and print the current Terms of Use at any time on the platform at https://marketplace.greenhydromotion.com/pages/terms and throughout the registration process. We do not store the text of the contract after the conclusion of the contract.
1.3 NFT in the sense of these GTC are so-called utility coins/tokens or usage coins/tokens with which no pecuniary and/or membership rights are associated and which can be acquired by users (“customers”) via the platform. The NFTs are not intended for investment purposes or for capital investment. Accordingly, the NFT are also not classic cryptos within the meaning of Section 1 (11) sentence 4 of the German Banking Act (Kreditwesengesetz, “KWG”).
1.4 In particular, GHYM does not offer any investment advice, investment brokerage or other financial services with regard to the acquisition of NFT. The customer alone decides on the acquisition of NFT.
2 Exclusion from participation
2.1 Excluded from participation in the sale or issuance of NFT on this platform are:
2.1.1 Natural persons or legal entities subject to the tax laws of the United States of America or Canada.
2.1.2. natural or legal persons having their registered office or habitual residence in countries listed on the current country list for high-risk and other supervised jurisdictions of the Financial Action Task Force (FATF)] https://www.fatf-gafi.org/publications/high-risk-and-other-monitored-jurisdictions/documents/increased-monitoring-march-2022.html.
3. functions of the NFT; NFT content
3.1 NFTs are transferable cryptographic coins/tokens technologically based on the ERC 20 blockchain. Each NFT typically contains other attributed features or positions (“NFT Content”). NFT Content may be, for example, a graphical representation in the form of an image file, a GIF file, or a short video. In addition, NFT Content also includes other additional digital elements such as the right of reference of hydrogen graphics, videos, texts, logos, images, photographs, as well as related rights against GHYM or third parties, in particular rights of use and digital access, as well as rights of transfer or assignment of digital or physical items.
3.2 The NFTs offered for sale or issuance on the Platform shall be offered for sale in four sales phases, with the details of the respective NFTs or the associated rights of each of the four sales phases on a separate sub-page of the Platform.
3.3 The Customer is solely responsible for any hardware, systems and/or software programs required to use, browse, stream, download, upload or transmit the content of the NFT.
3.4 Unless otherwise expressly stated in these Terms or on the Detail Page, NFT do not include any rights against GHYM or any other third party. In particular, NFT do not confer any membership, distribution, redemption, liquidation or proprietary rights (including all forms of intellectual property) or any financial or other rights in relation to GHYM or any third party.
3.5 To the extent that the NFT Content relates to the purchase of Hydrogen as a commodity, GHYM grants to Customer, subject to the condition precedent of payment of the agreed remuneration, the perpetual, non-exclusive (simple) right to use the Hydrogen Purchase Right at any time after the expiry of the agreed four-year lock-up period. For reasons of transparency, this right is not transferable.
4. acquisition of NFT against payment; conclusion of contract
4.1 GHYM offers NFT for sale via the platform. Any contract between GHYM and the Customer for the sale of NFT (“Contract”) shall be concluded subject to these Terms and Conditions (GTC). A prerequisite for the purchase of NFTs is also the registration of the Customer on the Platform. The use and registration for the Platform are subject to the General Terms and Conditions for the Use of the twlvxtwlv.com Platform (the “Terms and Conditions”), which are available [here](https://marketplace.greenhydromotion.com/pages/terms).
4.2 After registering on the Platform in accordance with the Terms of Use and selecting an NFT to be purchased by the Customer, the Customer shall go through a purchase process. The exact description of the NFT and the NFT content is indicated on the respective detail page.
4.3 The Customer may add NFTs that he intends to purchase to the digital shopping cart. In the view of the shopping cart, the Customer is shown all NFT that are placed there.
4.4 The purchase process is completed with the selection of the means of payment and the click on the button “Buy now”;. By clicking the button, the Customer makes a binding offer to purchase the NFT in the shopping cart at that time on the basis of these GTC. Until clicking on the “Buy Now” button, the Customer can cancel the purchase process at any time or change the information provided by deleting, adding or correcting the information in the various fields or closing the web browser or the corresponding window.
4.5 Only with the confirmation of the purchase by GHYM on the website (acceptance) a contract of sale of the NFT is concluded.
4.6 The confirmation contains all the information for the payment. The amount to be paid in a FIAT currency, BTC or ETH is based on the conversion rate of the respective cryptocurrency to EUR used by GHYM. GHYM uses the exchange rates provided by https://www.bitstamp.net or comparable platforms selected by GHYM. The Customer has no right to claim that a specific conversion rate is used and must pay within 7 business days after receiving the confirmation. If the Customer pays in cryptocurrencies (BTC, ETH), the purchase price shall be deemed paid when the transfer of the amount owed by the Customer has been confirmed by the respective blockchain network.
Any fees or costs incurred in the execution of the payment (e.g. transfer fees when paying in euros or “gas”; when paying with Ether) shall be borne by the Customer.
4.7 The purchase price for an NFT is specified on the respective detail page and before completion of the purchase process. Payment can only be made with the means of payment listed on the platform. The purchase price is considered paid when the payment of the amount owed by the Customer has been credited to a bank account of GHYM or, in case of a payment in cryptocurrencies, it has been confirmed by the respective blockchain network.
4.8 The purchase price for NFT includes the legally applicable value added tax, as the Parties assume that the purchase of NFT is subject to value added tax. If and insofar as, contrary to the assumption of the parties, no sales tax or only a lower sales tax is bindingly assessed on GHYM by the tax authorities, GHYM will refund the difference to the Customer. In all other respects the Customer is solely responsible for determining whether and which taxes are due on the purchase and/or transfer of NFT and for remitting them, insofar as the Customer itself is a tax subject in this context and is therefore correspondingly obliged to remit taxes itself.
4.9 If a NFT includes the right to purchase hydrogen, GHYM shall contact the Customer via the contact details provided in order to clarify the details regarding the purchase quantity and locations.
4.10. It is a prerequisite for the purchase of NFT that the Customer is the owner of a crypto-wallet compatible with the one used by GHYM (i.e. owner of the corresponding private key) and provides the address of this crypto-wallet on the Platform. The Customer is solely responsible for the compatibility of the crypto wallet used and for the safekeeping of the transferred NFT. If the Customer does not already have its own Wallet, it can have a Wallet created via the Platform by means of GHYM’s technical service provider when registering for the Platform (“NFT Wallet”). In the NFT Wallet, only NFT that the Customer has acquired on the Platform can be held in custody. The safekeeping of cryptocurrencies or other cryptographic tokens is not permitted. The Customer does not have access to the Private Key of the NFT Wallet and cannot demand its surrender. Details of the terms and conditions of the NFT Wallet are set out in the General Terms of Use
(https://marketplace.greenhydromotion.com/pages/terms-of-service ) of GHYM.
4.11. After full payment of the purchase price and the specification of a compatible Wallet, GHYM transfers the NFT acquired by the Customer to the Customer’s Wallet. The transfer of an NFT is considered to have taken place when it is “confirmed” in the network of the blockchain used. Payment with a cryptocurrency is considered to have been made when it is “confirmed” in the network of the blockchain used.
5. acquisition of NFT within the framework of an auction
5.1 The Customer may submit bids for the purchase of NFT offered by GHYM within the framework of an auction. In his bid overview the customer is shown all NFT for which he has placed bids.
5.2 If GHYM offers a NFT within an auction, GHYM makes a binding offer to conclude a purchase contract for this NFT offered within the auction.
In doing so, GHYM determines a starting price and a period within which the offer can be accepted (offer period). If GHYM determines a minimum price, the offer is subject to the condition precedent that the minimum price is reached.
5.3 In case of auctions the customer accepts the offer by placing a bid. The acceptance is subject to the condition precedent that the customer is the highest bidder after expiration of the bidding period. A bid expires if another customer places a higher bid during the bidding period.
5.4 The bid is submitted by the customer accepting the terms of use as well as these GTC and pressing the button “Binding bid now”. On this basis, the customer submits a binding declaration of acceptance in accordance with clause 5.3 for the purchase of the respective NFT. Until clicking the button “Binding bid now”, the customer can cancel the bidding process at any time or change the information provided by deleting, adding or correcting the information in the various fields or by closing the web browser or the corresponding window.
5.5 Bids of the customer are binding. If the customer is the highest bidder at the end of the bidding period, he will receive a corresponding confirmation of the conclusion of the contract. After payment via the payment methods offered on the platform, the customer acquires the NFT. The regulations in clauses 4.5 to 4.11 apply accordingly to the acquisition of NFT within the framework of auctions.
6. bonus actions – free issue of NFTs
6.1 GHYM itself and/or cooperation partners of GHYM offer in the context of so-called bonus actions (e.g. raffles or airdrop) customers the possibility to receive NFT free of charge. For such bonus actions by GHYM separate bonus action conditions provided by GHYM apply. For bonus actions by cooperation partners, the cooperation partners’ own bonus action conditions apply in addition to these conditions. The conditions for the eligibility to receive NFT free of charge are specified in the respective bonus action conditions.
6.2 These GTC do not establish any entitlement of customers to receive NFT free of charge, but merely regulate the procedure for receiving NFT if customers are entitled to receive NFT free of charge according to the respective bonus campaign conditions (so-called “NFT beneficiaries”).
6.3 In order to obtain a free NFT, NFT Eligible Persons, like all customers, must first register on the platform of GHYM by confirming the Terms of Use with the e-mail address used in the bonus action.
6.4 After registration, the NFT Eligible Persons may obtain the free NFT on a special sub-page of the platform for obtaining NFT (“Redeem Page”) by entering their e-mail address and after confirming these Terms and Conditions. Subsequently, the NFT Entitled Parties can retrieve their NFTs on the Platform under “My NFTs”.
6.5 These GTC shall apply accordingly to the free issue of NFTs within the scope of bonus campaigns (e.g. with regard to the description of the NFTs pursuant to Clause 3 or the requirement of a Wallet pursuant to Clause 4.10), insofar as the provisions do not explicitly refer to the acquisition of NFTs subject to a charge.
7 Transfer of NFT by the customer or third parties
7.1 The transfer of NFT requires an agreement between the current holder and the new holder on the transfer of the NFT. In addition, the current holder must transfer the NFT to the blockchain address of the new holder. The transfer of an NFT is deemed to have taken place when it is “confirmed” in the network of the use Blockchain.
7.2 For the transfer, the new holder requires a wallet compatible with the NFT. NFT can also be transferred to third parties who are not customers of GHYM. However, the NFT content can only be accessed via the platform. If a holder of NFT is not a customer of GHYM, he cannot use the NFT content without his registration.
8 Liability
We shall be liable within the scope of these GTC and our contractual relationship conclusively as follows:
8.1 We shall be liable without limitation for intent and gross negligence as well as for damages resulting from injury to life, body or health.
8.2 In cases of slight negligence, we shall be liable for breach of a material contractual obligation. An essential contractual obligation within the meaning of this clause is an obligation the fulfillment of which makes the performance of the contract possible in the first place and on the fulfillment of which the contractual partner may therefore regularly rely.
8.3 The liability pursuant to clause 6.2 shall be limited to the damage foreseeable at the time of the conclusion of the contract, the occurrence of which must typically be expected.
8.4 The limitations of liability shall apply accordingly in favor of our employees, agents and vicarious agents.
8.5 Any liability on our part for guarantees given and for claims based on the Product Liability Act or in the event of data protection violations shall remain unaffected.
9 Warranty
Warranty claims under this contract and these GTC shall be governed by the statutory warranty law.
10. cancellation policy
You have the right to cancel this contract within fourteen days without giving any reason.
The revocation period is fourteen days from the day of the conclusion of the contract.
To exercise your right of withdrawal, you must inform us (Greenhydromotion GbR, Weidweg 4, D-76829 Landau, 0178 6677557, contact@greenhydromotion.info ) by means of a clear statement (eg a letter sent by mail or e-mail) about your decision to revoke this contract. You can use the attached sample withdrawal form, which is not mandatory.
To comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
10.1 Consequences of the revocation
If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of 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 for this repayment.
10.2 Sample cancellation form
(If you want to cancel the contract, please fill out this form and send it back).
To: Greenhydromotion GbR, Weidweg 4, 76829 Landau, Germany
contact@greenhydromotion.info by means of an unequivocal statement (e.g. a letter sent by mail or e-mail).
I/we (*) hereby revoke the contract concluded by me/us (*) for the provision of the following service (*)
Ordered on (*)/received on (*)
Name of the consumer(s)
Address of the consumer(s)
Signature of consumer(s) (only in case of paper communication)
Date
(*) Delete where not applicable.
11. notice on dispute resolution according to the consumer dispute resolution act
The European Commission provides a platform for online dispute resolution (OS), which is available at http://ec.europa.eu/consumers/odr. GHYM is not obliged or willing to participate in dispute resolution proceedings before a consumer arbitration board.
12. final provisions
12.1 The contract language is German.
12.2 Translations of these GTC into other languages are for information purposes only. In case of contradictions between this German version and translations, the German version shall prevail.
12.3 The contractual relationship between the parties shall be governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (“CISG”). If the Customer is a consumer and is not domiciled in the Federal Republic of Germany, the contractual relationship shall be governed exclusively by the laws of the Federal Republic of Germany, excluding the CISG, unless mandatory provisions of the law of the country in which the Customer has its habitual residence provide otherwise.
12.4 If the customer does not have a general place of jurisdiction in Germany or in another EU member state, or is a merchant or a legal entity under public law, or moves his permanent place of residence abroad after these GTC become effective, or his place of residence or usual place of abode is unknown at the time the action is brought, the exclusive place of jurisdiction for all disputes arising from this contract shall be the registered office of GHYM.
(Status: April 2023)