"UNSEEN UNIVERSE” NFT – GENERAL TERMS AND CONDITIONS
I. Scope, Customer Information: Contract Language
(1) The following general terms and conditions (General Terms and Conditions) shall
apply to all contractual relationships between brandneo GmbH, Am Kai 10, 44263
Dortmund (“We”, “Seller”) and its contracting partners (“Purchasers”) purchasing
cryptographic tokens, so-called “Non-Fungible Tokens” (NFTs), via the website the-art-
(2) We do not acknowledge any terms to the contrary or deviating from our terms and
conditions. This shall also apply if the Seller does not expressly object to their
(3) The General Terms and Conditions shall apply irrespective of whether the Purchaser
is a consumer, entrepreneur or businessman. The Seller is the operator of the Platform
and sells the NFTs in its own name.
(4) The contract language is German. The German version of the General Terms and
Conditions shall prevail.
II. Information on NFTs
(1) The “UNSEEN UNIVERSE” NFTs will be created by means of the Ethereum
(2) NFTs are no securities as defined by the German Securities Trading Act (WpHG) or
financial instruments as defined by the German Banking Act (KWG) and shall not be
treated as such in legal terms. The NFTs shall not be acquired or used for investment
(3) The Seller does not provide investment advice or any other financial services.
III. Subject Matter of the Contract, Requirements for Acquisition, Donation of Proceeds
(1) The contract concerns the acquisition of cryptographic tokens, so-called “Non-
Fungible Tokens” (NFTs).
(2) There is no guarantee of obtaining an NFT as the number of NFTs is limited.
(3) The “UNSEEN UNIVERSE” NFTs offered by the Seller will be minted and purchased
by the Purchaser. The process is described in closer detail on the Platform. Each NFT
will contain a graphic representation of the NFT (“NFT Content”) selected at random.
(4) It is a requirement for the acquisition of NFTs that the Purchaser holds a compatible
Ethereum wallet and has communicated the address of such wallet to the Seller. Any
transfer of the NFT to an incompatible wallet may render the NFT permanently
unusable. The Seller is not obligated to offer compatible wallets itself. The transfer or
use of the NFTs requires Internet access.
(5) Furthermore, it is a requirement for the acquisition of “UNSEEN UNIVERSE” NFTs
that the Purchaser applies for the mintlist specified on the Platform first. Obtaining a
spot on the mintlist requires Internet access, an e-mail address, a minimum amount of
0.05 ETH as well as active Twitter and Discord accounts. To this end, the Purchaser
shall register on premint with his wallet and his Twitter and Discord accounts. The
spots on the mintlist will be raffled among all registered users on the date specified on
the website. We will subsequently inform the Purchasers by e-mail whether they have
made it on the mintlist. There is no claim to a spot on the mintlist.
(6) The NFT shall be considered transferred when the NFT appears in the crypto wallet
of the Purchaser and the transaction was documented completely in the blockchain.
(7) The Purchaser is solely responsible for any hardware, systems and/or software
programs required for using, searching, streaming, downloading, uploading or
transferring the NFT Content.
(8) The net proceeds generated through the sale of the “UNSEEN UNIVERSE” NFTs shall
be donated by the Seller to UN Refugee Aid Germany. The acquisition of the NFT by
the Purchaser itself does not constitute a donation. There is no claim to a donation
IV. Conclusion of Contract
(1) The Purchaser shall connect his wallet on the website. By clicking the
“PURCHASE/MINT” button, he shall make an offer for purchasing the NFT. The NFT shall
be awarded at random.
(2) The Purchaser must review and confirm the transaction in the wallet and make
sure that an amount of cryptocurrency sufficient to pay the purchase price is available.
(3) The Seller shall accept the offer of the Purchaser upon completion of the transfer of
the NFT to the wallet of the Purchaser.
(4) The delivery of the token and the cryptocurrency to the transaction shall be
controlled automatically by the website of the Seller depending on the respective sale
phase. You shall wait until the Ethereum blockchain has processed the transaction. The
transaction hash shall be shown on the page. The NFT shall be shown in the wallet of
the Purchaser, if applicable. Thus, the transfer of the NFT to the wallet of the Purchaser
(1) All price indications on the Platform are gross prices including statutory VAT – if
(2) The Purchaser must bear all costs (transaction fees) arising in connection with the
crypto wallet owned by him as well as for any transfers to the Seller in
cryptocurrencies. Such fees and costs shall be charged to the Purchaser not by the
Seller but by third parties.
VI. Terms of Payment and Prohibition of Set-off
(1) The Purchaser is obligated to pay in advance. The purchase price is due
immediately. The Purchaser shall receive the goods directly after payment if payment
(2) The Purchaser must effect the purchase price payment using the cryptocurrency
(3) The Purchaser is not entitled to make a set-off against the claims of the Seller
unless the counterclaims of the Purchaser have been recognized by declaratory
judgment or are undisputed. The Purchaser is also entitled to a set-off against the
claims of the Seller if the Purchaser notifies defects or asserts counterclaims under the
same contract of sale.
(4) The Purchaser may exercise a right of retention only if the counterclaim emanates
from the same contract of sale.
VII. Exclusion of Right of Withdrawal
(1) In principle, consumers have a 14-day right of withdrawal in respect of the
conclusion of a distance selling transaction, however, there are exceptions in respect
of digital content. In this connection, we would like to point out the following:
(2) The blockchain technology is special insofar as transactions executed by means of
it are completely transparent and unchangeable as such. Thus, they cannot be
modified directly but at most be reversed through another transaction. Furthermore,
for technical reasons, the contract of sale concerning the NFT coincides with its
performance (exchange of NFT and purchase price in the respective wallets) and/or
occurs so closely connected in time that the Seller must begin with the performance of
the contract before the 14-day withdrawal period has expired in any case. According to
the statutory provisions (Section 356 para. 5 of the German Civil Code (BGB)), no right
of withdrawal exists in respect of digital content in such cases if the consumer has
expressly consented to the premature beginning of the performance and has
acknowledged the loss of the right of withdrawal.
The transaction cannot be reversed.
(3) The Seller has provided for the sales process that the following texts shall be
placed on our website in close proximity to the “MINT” button:
The purchase is subject to our general terms and conditions and information
on the statutory right of withdrawal and its exceptions. By clicking on
“MINT”, you expressly consent to the performance of the contract prior to
expiry of the withdrawal period and acknowledge that, as a result, you will
lose your right of withdrawal upon the performance having commenced.
VIII. Rights Based on Liability for Defects
The statutory rights based on liability for defects shall apply.
(1) The Seller shall be liable to the Purchaser for damages or compensation for futile
expenses in all cases of contractual and non-contractual liability if caused intentionally
or by gross negligence in accordance with the statutory provisions.
(2) In other cases, the Seller shall be liable only in case of breach of a contractual duty
the performance of which only renders the proper performance of the contract
possible and compliance with which may be relied upon by the Purchaser as a rule (so-
called major duty), limited to compensation for foreseeable and typical damage. In all
other cases, any liability of the Seller is excluded.
(3) Any liability for damage arising from injuries to life, body or health and under the
German Product Liability Act (Produkthaftungsgesetz) shall remain unaffected by the
above limitations on and exclusions of liability.
X. Rights of Use
(1) The design of the NFTs is subject to German copyright protection.
(2) The rights of use regarding all graphic designs of the NFTs lie with Envy GmbH. The
Seller is merely entitled to use the graphic designs commercially.
(3) Without the prior written consent of the Seller or the respective copyright holder
and with the exception of the cases provided for in this contract, no contents may be
transferred, distributed, publicly displayed, uploaded, published, recorded,
retransferred, let, sold, reproduced, modified to create new works, performed or
compiled in any way.
(4) By the complete transfer of the NFT, the Seller shall grant you a worldwide, royalty-
free non-exclusive license to use, reproduce and represent the purchased works,
exclusively for the following purposes:
(i) for your own personal, non-commercial use;
(ii) as part of a marketplace allowing the purchase and sale of your NFT,
provided that the marketplace cryptographically verifies the rights of each NFT holder
to represent the art for his NFT to ensure that only the actual holder may represent the
(iii) as part of a website or application of a third party allowing the inclusion,
involvement or participation of your NFT, provided that the website/application
cryptographically verifies the rights of each NFT holder to show the art for his NFT to
ensure that only the actual holder may show the art, and provided that the art will no
longer be visible as soon as the holder of the NFT leaves the website/application.
XI. Transfer of NFTs
The transfer of NFTs requires an agreement between the Purchaser and/or the current
holder and the new holder regarding the transfer of the NFT. As an additional
requirement, the Purchaser and/or the current holder must transfer the NFT to the
crypto wallet of the new holder. The transfer of crypto assets is deemed completed.
XII. Customer Information: No Storage of Text of Contract
our order with details regarding the contract concluded (e.g. product, price, etc.) shall
not be stored by us. However, the Purchasers may retrieve the General Terms and
Conditions via our website at any time. If you want to secure the product description
on our website for own purposes, you may, for example, make a screenshot or,
alternatively, print the whole page at the time of your order. Furthermore, the
information shall be stored on the blockchain (product, wallet address & price) and
shall be available for inspection there.
XIII. Customer Information: Information on Corrections
You may cancel any entries using the “Cancel” button at any time prior to confirming
the transaction. As soon as the transaction has been confirmed, it can no longer be
XIV. Final Provisions
(1) Any amendments or supplements to these terms and conditions require the written
form. This shall also apply to the cancellation of this written form requirement.
(2) The laws of the Federal Republic of Germany shall apply, excluding CISG. Any
mandatory provisions of the state in which the Purchaser has his habitual abode shall
(3) To the extent that the Purchaser has placed the order as a businessman, legal
person under public law or as a special fund under public law, the place of business of
the Seller shall be agreed as exclusive place of jurisdiction for all claims arising from or
on the basis of this contract.
XV. Consumer Information: ODR Platform, Non-Participation in a Dispute
(1) Under the following link, the platform of the European Commission for online
dispute resolution (ODR) for consumers: www. ec .europa. eu /consumers/odr can be found.
(2) We are neither willing nor obligated to participate in any dispute resolution
procedure before any consumer conciliation body