Terms and Conditions (T&C) for AlpakaPunks
Allgemeine Geschäftsbedingungen (AGB)
1. Scope and Provider
1.1 These Terms and Conditions (T&C) apply to the use of the website Alpakapunks.com (hereinafter referred to as the "Website") as well as to all contracts concluded via the Website for the purchase of physical products (merchandise) and digital assets (NFTs).
1.2 The provider of the Website is:
Jonas J. Gröger / J.Jogro Pictures
Wiembecker Driften 87
32657 Lemgo, NRW, Germany
[email protected] / [email protected]
1.3 These T&C govern the business relationship between the provider and the users/customers (hereinafter referred to as "Customer" or "User").
1.4 NFTs are sold exclusively via OpenSea on the Ethereum blockchain. The purchase of NFTs is subject to OpenSea's terms and conditions as well as the smart contract rules of the Ethereum blockchain.
1.5 By using the Website or purchasing products or digital assets, the Customer acknowledges these T&C as binding.
2. NFTs and Digital Content
2.1 Description of AlpakaPunks NFTs
AlpakaPunks are digital collectibles on the Ethereum blockchain and can be purchased via OpenSea. Owning an NFT does not grant any intellectual property rights, trademarks, or copyrights related to the project.
2.2 Ownership and Usage Rights
By purchasing an AlpakaPunks NFT, the buyer receives a non-exclusive, non-transferable license to use, display, or resell the associated digital artwork. All other rights remain with the creator.
2.3 No Returns or Refunds
NFT transactions are final. Due to the nature of blockchain technology, returns or refunds cannot be granted. The Customer is solely responsible for the security of their wallet and any potential losses.
2.4 Market Volatility and Risks
The Customer acknowledges that NFTs are speculative digital assets whose value can fluctuate significantly. The provider assumes no liability for price developments or market fluctuations.
3. Online Shop for Merchandise
3.1 Ordering Process and Contract Formation
By placing an order in the online shop, the Customer submits a binding offer to purchase the goods.
The provider may accept the order by sending an order confirmation or by shipping the goods.
3.2 Prices and Payment
All prices in the online shop are stated in Euros and include VAT (if applicable).
Payment is made via the offered payment methods (e.g., credit card, PayPal, crypto payments if supported).
3.3 Shipping and Delivery
Shipping takes place within the timeframe specified in the product description.
Shipping costs are displayed at checkout.
The provider is not responsible for delivery delays caused by third parties.
3.4 Right of Withdrawal & Returns
Customers from the EU have a statutory 14-day right of withdrawal for physical goods.
Digital content (NFTs) is excluded from the right of withdrawal.
Return shipping costs are borne by the Customer.
3.5 Warranty and Liability
Statutory warranty rights apply to physical goods.
Defects must be reported immediately.
4. Use of the Website & Social Media
4.1 Intellectual Property & Copyright
All content on the Website (texts, images, trademarks, logos) is protected by copyright.
Use or reproduction without written permission is not permitted.
4.2 Prohibited Use
The Website must not be used for unlawful purposes, the distribution of spam, viruses, or offensive content.
Violations may result in account suspension.
4.3 Links to Third-Party Providers
The Website contains links to external platforms (e.g., OpenSea, Instagram, YouTube and X).
The provider assumes no liability for the content of these external sites.
5. Disclaimer of Liability
5.1 General Disclaimer
The provider does not guarantee the permanent availability of the Website or error-free functionality.
Technical issues or server outages may occur.
5.2 Liability for Blockchain Transactions
NFT transactions are irreversible. The provider is not liable for incorrect wallet addresses, stolen private keys, or network fees.
5.3 Limitation of Liability
The provider is only liable for intent and gross negligence.
No liability is assumed for indirect damages, lost profits, or financial losses.
6. Data Protection & Cookies
6.1 The provider processes personal data in accordance with the privacy policy.
6.2 The use of cookies is in accordance with the cookie policy on the Website.
7. Changes to the T&C & Final Provisions
7.1 The provider reserves the right to change these T&C at any time. Changes will be published on the Website.
7.2 If any clause of these T&C is found to be invalid, the remaining provisions shall remain unaffected.
7.3 Jurisdiction & Applicable Law
The law of Germany applies unless mandatory consumer protection regulations provide otherwise. The place of jurisdiction is Germany (EU).
Contact
For questions or support: [email protected]