General Terms and Conditions

(with consumer information)

  1. General and scope
    1. NFTARTHOUZE GmbH will set up one or more virtual galleries, the content of which consists of so-called “non-fungible tokens” (NFT).
    2. Access to the respective ARTHOUZE gallery (hereinafter ARTHOUZE gallery or ARTHOUZE galleries) is via a membership NFT (MG NFT).
    3. These General Terms and Conditions (GTC) apply to all contracts between you as the buyer of MG NFT and us, NFTARTHOUZE GmbH.
  2. ARTHOUZE Galleries
    1. The gallery will be populated with NFTs using the purchase price you paid for the MG NFT.
    2. The MG NFTs are mapped in the blockchain via a program code (so-called “smart contract”), which contains both the individual identifier of the token and the wallet address of its owner. The rights holder and, if necessary, other program data and information are stored in a forgery-proof manner. Each MG NFT is described accordingly with individual programming. This means that each MG NFT is unique and can be assigned to its respective owner.
    3. An ARTHOUZE gallery has a maximum of 10,000 memberships, which are brokered via one MG NFT. Members can purchase multiples of a membership, i.e. multiple MG NFTs.
    4. The maximum number of memberships for each ARTHOUZE gallery is stated on our homepage. If the maximum number of memberships is reached, the ARTHOUZE gallery will be closed.
    5. If an ARTHOUZE gallery is closed, each additional ARTHOUZE gallery will have its own name to avoid confusion with its predecessors.
    6. We will announce on our homepage as soon as the maximum number of memberships for an ARTHOUZE gallery has been reached.
    7. These terms and conditions apply to all ARTHOUZE galleries regardless of the name of the respective ARTHOUZE gallery.
    8. The addition of NFTs to an ARTHOUZE gallery is not static, even if an ARTHOUZE gallery has already been closed. Existing NFTs in an ARTHOUZE gallery can be replaced with new acquisitions.
    9. Profits that arise because the sales price of an NFT from the ARTHOUZE gallery exceeds its purchase price remain mathematically in the respective ARTHOUZE gallery and can be used to purchase new NFTs or for services that in connection with the administration and management of the galleries.
    10. We are also entitled to sell NFTs from the galleries at a loss if replacing an NFT with a new one makes sense.
    11. The purchase and sale of NFTs in the respective gallery does not follow the principles of profit maximization. Rather, the homogeneity of the respective gallery should be maintained.
    12. The ARTHOUZE galleries exist exclusively virtually. They do not constitute a company in the civil law sense, an association or an investment fund.
    13. The owner of the ARTHOUZE galleries is NFTARTHOUZE GmbH.
  3. Membership in the ARTHOUZE galleries
    1. The purchase price paid for the MG NFT is also the membership fee for the respective ARTHOUZE gallery.
    2. The membership fee for purchasing the MG NFT is initially EUR 1,200. Depending on demand, the membership fee for additional MG NFTs may increase.
    3. The ARTHOUZE galleries can have different membership fees. The membership fee not only purchases NFTs for the ARTHOUZE galleries, but also covers costs for the administration and marketing of NFTARTHOUZE GmbH.
    4. The MG NFT gives you access to the respective ARTHOUZE gallery.
    5. In addition to the access rights, depending on the design of the respective ARTHOUZE gallery, you acquire the right to participate in special promotions that we announce on our website. Eligibility to participate in special promotions may be linked to the number of MG NFTs held per member.
    6. Access to an ARTHOUZE gallery includes viewing and using the visualized form of the NFT of the ARTHOUZE gallery on a private device.
    7. The NFTs purchased for the respective ARTHOUZE gallery are the property of the respective ARTHOUZE gallery. There is no ownership interest in any differences in value that arise in the respective ARTHOUZE gallery.
  4. Your MG NFT
    1. With the sale of the MG NFT, we transfer to you, as its new owner, the exclusive right, unrestricted in time and space, to use the corresponding MG NFT and to exploit it in accordance with its programming. This right of use includes in particular the right to transmit, distribute and reproduce the MG NFT. Reproduction includes the right to use the MG NFT to the exclusion of commercial use (through sound recordings, video recordings, audio recordings, multimedia recordings or other data storage mediums in all compatible formats, using appropriate digital processes and techniques). Our service provider will set up a wallet for you in which he will store the MG MFT.
    2. The MG NFT can be purchased via three different payment methods: Bank transfer to the NFTARTHOUZE GmbH account in EUR/USD. Payment in EUR/USD via a payment service provider, e.g. STRIPE. Payment in ETH to the wallet to be set up for you.
    3. The purchase prices of the MG NFT include all additional costs, in particular any sales tax that may apply.
    4. We reserve ownership and all rights to the sold MG NFT until the purchase price has been paid in full. If, for whatever reason, the MG NFT is transferred without the simultaneous payment of the purchase price, the corresponding Euro/USD amount must be paid immediately to a bank account to be specified by us.
  5. Exclusion of the right of withdrawal
    1. Consumers generally have a 14-day right of withdrawal when concluding a distance selling transaction, although there are exceptions to this, particularly in the case of digital content. We will provide information about this below.
    2. A key feature of blockchain technology is that transactions carried out with it are completely transparent and, as such, unchangeable. They cannot be changed directly, but can only be reversed through a new transaction. Furthermore, for technical reasons, the purchase contract for the MG NFT coincides with its execution (exchange of MG NFT and purchase price in the respective wallets) or takes place in such a close time sequence that we will in any case start executing the contract before the expiry of the contract 14 day cancellation period must begin. According to the legal regulations (Section 356 Para. 5 BGB), there is no right of withdrawal for digital content in these cases if the consumer has expressly agreed to the early start of execution and confirmed his knowledge of the loss of the right of withdrawal.
    3. We have implemented this in the sales process in such a way that the following texts are placed on our website in the immediate vicinity of the “Buy now” button: “Terms and Conditions read”, (General Terms and Conditions read ) and thus: For Our general terms and conditions apply to the purchase, including these notes on the statutory right of withdrawal and its exceptions. By clicking on “Buy now” you expressly agree to the execution of the contract before the end of the cancellation period and confirm your knowledge that you will lose your right of cancellation from the start of execution.
  1. Risk information, liability
    1. We assume no liability for the availability and proper functioning of the MG NFT and any third-party services that may be integrated as long as we do not confirm the conclusion of a contract with you as provided for in these General Terms and Conditions have.
    2. We would also like to point out that, due to its novelty, the entire blockchain technology for trading digital currencies and unique tokens for digital content such as NFTs is subject to numerous legal uncertainties and risks that are beyond our control sphere of influence and requires a high degree of care and willingness to take risks on the part of our contractual partners.
    3. Against this background, we are liable for any defects in our performance and for damages in accordance with the statutory provisions, unless otherwise specified below.
    4. In the event of breaches of duty – regardless of the legal reason – we are responsible for intent and gross negligence. In the case of simple negligence, we are only liable:
      • for damages resulting from injury to life, body or health and
      • for damages resulting from the breach of an essential contractual obligation (obligation, the fulfillment of which enables the proper execution of the contract in the first place and on whose compliance the contractual partner regularly relies and may rely); In this case, however, liability is limited to compensation for foreseeable, typically occurring damage.
    5. The above limitations of liability also apply to breaches of duty by persons for whose fault we are responsible according to legal regulations. Claims under the Product Liability Act remain unaffected in all cases.
  1. Choice of law, dispute resolution, place of jurisdiction
    1. The law of the Federal Republic of Germany applies to these general terms and conditions and the contractual relationship with you, excluding uniform substantive law, in particular the UN Convention on Contracts for the International Sale of Goods. The statutory provisions restricting the choice of law remain unaffected. In particular, the choice of law must not lead to the consumer being deprived of the protection that would be granted to him without the choice of law by the mandatory provisions in the country of his habitual residence.
    2. We endeavor to resolve any disagreements arising from our contractual relationships amicably. However, we are not obliged to participate in a dispute resolution procedure before a consumer arbitration board and are generally not willing to do so; We make a binding decision on this in individual cases.
    3. The ordinary legal process remains open to both parties. The legal regulations apply to the place of jurisdiction.