(as of June 14, 2023)
Scope of Application
Habsburg Fine Arts AG, Mitteldorf 1, 9490 Vaduz, Liechtenstein, company registration number FL-0002.706.394-0 (hereinafter “the Company” or “We”) is a public limited company established under Liechtenstein law.
The purpose of the Company is the trade of goods of all kinds, particularly gemstones, jewelry, art, and other valuables (collectively referred to as “Gemstones”). In addition, the Company operates the Gemstone Digital Ecosystem and issues the Habsburg Gemstone Token (hereinafter “GEM Token”), as well as other tokens issued by the Company (collectively referred to as “GEM”) using the ERC-20 standard of Ethereum (compatible smart contract on the Ethereum blockchain) and based on the Polygon data protocol (Ethereum Sidechain).
These General Terms and Conditions and Token Terms (hereinafter “T&Cs”) apply (1.) to all legal transactions related to the acquisition of Gemstones, and (2.) to the acquisition of GEM between the Company and you (hereinafter “Buyer” or “You”).
The following contract and business terms apply to the legal relationship between the Company and the Buyer in the given order:
The offer underlying the respective individual contract;
These T&Cs, including warranty conditions and shipping cost overview.
Notwithstanding the order mentioned above, unless there is an express written agreement to the contrary, these T&Cs, including warranty conditions and shipping cost overview, shall apply exclusively. This means that no other T&Cs of the Buyer shall apply, even if the Buyer refers to their own T&Cs when concluding the contract.
Conclusion of Contract
A legal transaction between the Company and the respective Buyer regarding the acquisition of the purchased item or GEM occurs as follows:
Explicit acceptance of a Buyer’s order via the webshop (habsburgfinearts.com, also accessible via the website www.habsburgfinearts.com) by the Company; or
Signing of the offer presented by the Company in writing by the Buyer.
A contract conclusion does not need to take place in the Company’s business premises, but can also occur outside of them. Withdrawal rights according to points III.10 or III.11 or point IV.8 apply in these cases if the consumer qualifies as such under the Consumer Protection Act (KSchG) (hereinafter “Consumer”).
The presentation of the purchased items in the webshop is non-binding and does not constitute a binding offer by the Company to conclude a contract. The Buyer is merely invited to make an offer by completing the order process (clicking the “Order Now” button).
None of the displayed information or analyses are intended as a basis for investment decisions, and no specific recommendations are intended. The services of the Company and the website do not offer investment or financial products and should not be understood as such.
All information on the Company’s website is without guarantee of accuracy or completeness. The Company reserves the right to correct errors and make changes.
Gemstones
1. Purchased Item
The purchased item is one or more gemstones in the quality specified in the respective offer (the attached certificate) (hereinafter “Purchased Item”). The quality of the Purchased Item is determined primarily by its color, clarity, cut, weight, origin, and treatment.
The Company does not guarantee the stability or appreciation of the value of the Purchased Item following the conclusion of the contract.
2. Fulfillment
The Company has fulfilled the contract correctly if it:
Has made the Purchased Item available for pickup as agreed; or
Has handed over the Purchased Item to a transport company appointed by the Buyer (see point III.3, paragraph 2); or
Has delivered the Purchased Item to the Buyer as agreed (see point III.3, approach 1).
Before full payment of the purchase price for the respective Purchased Item, the Company is not obligated to make the Purchased Item available for pickup or shipping. If this happens, point 6 (retention of title) applies accordingly.
3. Shipping, Delivery, and Transfer of Risks
When the Company ships the Purchased Item, the risk of loss or damage to the goods transfers to the Buyer as soon as the Purchased Item is delivered to the Buyer or a third party appointed by the Buyer, different from the transport service.
However, the previous paragraph does not apply if the Buyer has hired a transport company without using one suggested by the Company. In this case, the risk transfers to the Buyer when the Purchased Item is handed over to the transport company. In such a case, it is the Buyer’s responsibility to arrange appropriate transport insurance for the shipment of the Purchased Item.
If the Purchased Item is delivered with obvious shipping damage, the Buyer must notify the Company of the damage in writing as soon as possible. Failure to make such a notification does not affect any statutory claims and their enforcement, particularly warranty rights.
If no other method of delivery or shipping has been agreed, the Purchased Item must be picked up personally by the Buyer at the Company’s premises (Mitteldorf 1, 9490 Vaduz, Liechtenstein) during business hours. In this case, the Buyer will be separately informed about the availability of the Purchased Item for pickup.
The notification of availability can be communicated to the Buyer either by phone or electronically. The pickup period is 15 working days from the day the availability notification is made.
If someone other than the Buyer picks up the Purchased Item, that person must present a written authorization and ID. The Company may refuse the handover to an authorized third party if it has reasonable grounds to believe that the presented authorization is fraudulent or not issued by the Buyer. If the pickup deadline as per point III.3, paragraph 4 expires and the identity is not clarified or the item is not picked up as agreed within 3 working days, the consequences of delay apply (see point III.5).
4. Purchase Price, Invoicing, and Payment Terms
All price indications are in euros and include the statutory VAT. Any shipping costs are not included. These will be separately listed and are to be borne by the Buyer.
The payment of the purchase price is due from the date of the invoice issued by the Company for the purchase price owed.
After the corresponding invoice is issued, the purchase price is to be paid via electronic bank transfer to the following account:
IBAN: […]
BIC: […
The relevant payment deadline is 14 days from the invoice date. This applies both to invoices for down payments as well as any remaining purchase price.
Cash payment is excluded, unless the parties have agreed otherwise in writing. In such a case, the transaction will be processed on a cash-on-delivery basis, i.e., the payment of the purchase price against the delivery of the purchased item.
All payments made by the Buyer will first be applied to additional expenses (e.g., shipping costs), then to any interest, and finally to the purchase price.
5. Delay and Withdrawal
If the agreed delivery date is delayed, the Buyer can withdraw from the contract in writing by setting a grace period of at least 15 working days from the originally agreed delivery date. Any deposits or additional expenses already made must be refunded to the Buyer, including interest at a rate of 4% per annum without undue delay.
In the case of payment delay, the Company may charge the Buyer reasonable reminder fees and late payment interest of 4% per annum on the outstanding purchase price. The late payment interest will begin to accrue from (and including) the date of the first reminder until full payment of the purchase price.
If the purchased item is made available for pickup by the Company and the Buyer does not collect it as agreed, the costs associated with the storage, which are required due to the Buyer’s fault, shall be borne by the Buyer. Any further claims remain unaffected. The Company’s liability for damages caused by slight negligence is excluded in this case, unless insurance coverage is provided.
The Company may withdraw from the purchase contract in writing after the expiration of the pickup deadline; the Company may, at its discretion, set a reasonable additional deadline for the pickup of the purchased item. In the case of a contract withdrawal, any purchase price already paid will be refunded to the Buyer minus any incurred costs and a reasonable processing fee.
6. Retention of Title
If the purchased item is handed over to the Buyer before the full payment of the purchase price including any additional expenses (e.g., shipping costs), the ownership of the purchased item remains with the Company until full payment of the purchase price and any additional expenses.
7. Warranty
The statutory warranty provisions in accordance with §§ 922 et seq. ABGB (Austrian Civil Code) as well as §§ 10 et seq. KSchG (Consumer Protection Act) apply.
If the purchased item is a used good, the warranty period is limited to one year from the delivery of the purchased item.
Any guarantees granted by the Company on a purchased item are subject to their own guarantee conditions. Warranty claims do not affect the Buyer’s warranty rights.
8. Liability
The Company is only liable for damages caused by intent or gross negligence. The Company is not liable for lost profits, interest losses, missed savings, or other consequential damages, as well as for claims from third parties, in the case of slight negligence. This limitation of liability does not apply to the replacement of personal injuries.
9. Exclusion of Other Appeals
In the event that the Buyer qualifies as a businessperson under the Consumer Protection Act (KSchG), an appeal, dissolution, termination, or adjustment of the legal transaction due to error or the failure of the basis of the transaction is excluded. Similarly, the appeal of the legal transaction due to gross disadvantage (laesio enormis) is excluded.
This exclusion does not apply to consumers.
10. Right of Withdrawal under the Consumer Protection Act (KSchG) for Consumers
If the Buyer is a consumer and has made their contract declaration neither in the rooms regularly used by the business for its commercial purposes nor at a stand used by the business for that purpose at a trade fair or market, they may withdraw from their contract application or the contract. This withdrawal can be declared up to the conclusion of the contract or within 14 days after.
The start of this period begins with the provision of a document containing at least the name and address of the company, the details necessary for identifying the contract, as well as information about the right of withdrawal, the withdrawal period, and the procedure for exercising the right of withdrawal, to the Buyer, but no earlier than the conclusion of the contract, for contracts regarding goods, from the day the Buyer takes possession of the goods.
The right of withdrawal also exists if the Company or a third party cooperating with it has brought the Buyer into the company’s premises through a promotional tour, excursion, or similar event, or through personal, individual solicitation on the street.
The Buyer does not have a right of withdrawal under the following conditions:
If they initiated the business relationship with the Company or its agents for the purpose of concluding this contract;
If no meetings between the parties (the Company and the Buyer) or their representatives preceded the conclusion of the contract;
In contracts where both parties’ performances are to be rendered immediately, if they are usually concluded outside business premises, and the agreed fee does not exceed 20 francs, or if the business is not conducted in permanent business premises and the fee does not exceed 70 francs;
For contracts that fall under the Distance Selling Act (FAGG) or the Insurance Contract Act; or
If the Buyer made their declaration of contract in physical absence from the Company, unless they were urged by the Company to do so.
The withdrawal period is considered adhered to if the withdrawal declaration is sent within the period.
The consequence of the withdrawal is the reversal of the relevant contract. Any services rendered by both the Company and the Buyer must be returned.
A businessperson does not have this right of withdrawal.
11. Right of Withdrawal under the Distance Selling Act (FAGG) for Consumers
The consumer may withdraw from a distance contract or a contract concluded outside of business premises within 14 days without providing any reason.
The withdrawal period begins
On the day the consumer or a third party designated by the consumer, not acting as a carrier, takes possession of the goods;
If the consumer has ordered multiple goods in a single order that are delivered separately, the period begins on the day the consumer or a third party designated by the consumer, not acting as a carrier, takes possession of the last delivered item;
For deliveries of goods in multiple shipments, it begins on the day the consumer or a third party designated by the consumer, not acting as a carrier, takes possession of the last shipment.
The right of withdrawal does not apply to the Buyer in particular if:
The purchased item was customized according to the Buyer’s specifications or is clearly tailored to their personal needs; or
The price of the purchased item depends on fluctuations in the financial market that are beyond the control of the Company and could occur within the withdrawal period.
The withdrawal is considered timely if the declaration is sent before the expiration of the withdrawal period.
The consequence of the withdrawal is the reversal of the relevant contract.
Any services rendered by both the Company and the Buyer must be returned.
A businessperson does not have this right of withdrawal.
12. Exercise of the Right of Withdrawal
The exercise of the right of withdrawal under the Consumer Protection Act (KSchG) and the Distance Selling Act (FAGG) is not bound by any particular form. The Buyer can access the withdrawal form here [link]. The form must be completed and sent either by post to Mitteldorf 1, 9490 Vaduz, Liechtenstein, or electronically to office@habsburgfinearts.com.
Gemstone Digital Ecosystem
1. GEM
The GEM token is a tokenized multi-purpose voucher. The GEM token can be redeemed with the Company for acquiring gemstones from the Company’s collection (“Royal Portfolio”) and for obtaining services from the Company.
Specifically, the GEM offers the following possibilities:
Using the GEM token, gemstones and jewelry from the Royal Portfolio can be acquired. The GEM token represents a tokenized voucher for the delivery of pre-paid merchandise (gemstones from the Royal Portfolio). The GEM token does not represent a share in the Royal Portfolio. Ownership rights to the gemstones are not associated with the GEM token. The transfer of ownership of the gemstones takes place under the conditions outlined in section III.3.
Before vouchers can be applied, a minimum waiting period of 60 days must elapse, depending on the payment method chosen. For bank transfers, after the valuta date has been reached. For credit card transactions, after the period for any charge-backs has elapsed.
Additionally, using the GEM token, various services related to gemstones can be obtained. The description of these services and their terms will be published.
The GEM does not confer or transfer any rights to the Company, particularly no voting or participation rights. Furthermore, the GEM does not carry or transfer any entitlement to interest or a reimbursement claim against the Company. The GEM has no expiration date. For clarification, it is stated that the GEM is not a security or financial instrument.
The offering of GEM is not a public offering of equity or debt capital. Therefore, the GEM does not fall under securities laws or prospectus regulations.
These Terms and Conditions (AGB) or any other document created and signed by the Company, as well as the website and its content, do not constitute an offer or invitation to sell stocks or securities.
2. Platform
The Company operates a platform based on blockchain technology (“Platform”), where GEM tokens can be acquired upon payment of the stated purchase price. The platform is a blockchain-based online platform.
3. Purchase Price, Billing, and Payment Terms
For information regarding the purchase price, billing, and payment terms, please refer to section III.4. of these Terms and Conditions.
4. Transfer
To fulfill the contract concerning the GEM, the Company transfers the entitlement to the GEM to the Buyer in accordance with the legal requirements under the VT-System rules, i.e., to an appropriate storage medium (wallet) of the Buyer.
The GEM may be transferred to third parties after acquisition.
5. Risks and Obligations of the Buyer
The Buyer understands and accepts that the Gemstone Digital Ecosystem is subject to ongoing developments. Due to unforeseen significant conceptual, technical, and commercial changes before the final release or at any time after the release of the platform, the Company may change and/or update the platform and/or GEM (including via a “hard fork”).
The Buyer acknowledges and agrees that if they choose not to participate in such a change and/or update (including a “hard fork”), they will no longer be allowed to use the GEM.
Buyer expressly acknowledges and assumes the following risks by acquiring and holding GEM:
5.1 Technical Risks
The Company reserves the right to implement and execute an emergency stop function to halt the distribution process. The use of this function is at the discretion of the Company and may only be used in specific situations, such as severe security issues, major network performance problems, disadvantageous effects on all buyers, or any kind of material attack on the GEM, the Company’s platform, the website, or the Ethereum network.
The Buyer understands and accepts that the Ethereum blockchain system, the underlying software application, and the software platform are still in an early development stage and unproven, meaning there is no guarantee that the process of creating and transferring tokens will proceed uninterrupted or error-free. Therefore, there is an inherent risk that the software may contain weaknesses, security flaws, or errors that could cause, among other things, the complete loss of digital assets or GEM tokens.
5.2 Legal Risks
There is a risk that GEM and other digital assets may be considered securities in certain jurisdictions or may be regarded as securities in the future. The Company explicitly denies any warranty or guarantee if GEM tokens are deemed to be securities in any jurisdiction. The Buyer takes sole responsibility for any legal or financial consequences arising from GEM being considered a security in their respective jurisdiction and agrees to indemnify and hold the Company harmless from any related claims, losses, damages, and liabilities.
Each Buyer is obligated to verify whether the use of GEM is legal in their jurisdiction, and by accepting these Terms and Conditions, the Buyer commits to not using GEM if such use is not legal in the relevant jurisdiction. If the Buyer determines that the use of GEM under these Terms is not legal in their jurisdiction, they should refrain from using GEM.
The acquisition of cryptographic tokens and their exchange for other cryptographic tokens is likely to continue to be scrutinized by various regulatory bodies worldwide, leading to different reactions and regulatory impacts. The Company’s ability to (i) distribute GEM tokens and provide the platform (ii) and accept GEM as consideration for services in some jurisdictions may be suspended or (significantly) restricted by future regulations or legal actions. If it is determined with high certainty that GEM tokens are illegal or may become illegal in a specific jurisdiction, the Company will either (a) cease operations in that jurisdiction or (b) modify GEM and the platform to comply with regulations, if possible and feasible.
The Buyer understands and accepts that the issuance of GEM and the development of the service may be discontinued for various reasons, including a lack of public interest, insufficient funding, lack of commercial success, or poor prospects (e.g., due to competing projects). The Buyer acknowledges that there is no guarantee that the platform and the distribution of GEM will continue permanently.
5.3 Custody and Storage
The Buyer is responsible for using appropriate processing and storage media to receive and store the GEM tokens purchased from the Company, including the necessary private keys or other access data required to access these storage media. If the private key or other access data is lost, access to GEM may be lost as well. The Company is not responsible for such losses. For clarification, it is stated that the Company does not provide custody services for GEM tokens, private keys, or other access data for the Buyers.
Hackers or other groups or organizations may attempt to interfere with the digital storage medium, the website, or the availability of GEM tokens and digital assets in any way. There is also the risk that GEM and the website may unintentionally contain vulnerabilities or errors in the source code. The Ethereum blockchain is also susceptible to mining attacks, so successful attacks may also pose a risk to the GEM tokens.
5.4 Value Fluctuation
The value of GEM tokens may fluctuate, and Buyers could incur a loss in value of the tokens they have acquired. There may be various reasons that cause unfavorable fluctuations in the value of GEM tokens, which, in contrast to bank accounts or accounts at other financial institutions, are completely uninsured. The Company assumes no responsibility for the value of GEM.
6. Security
Each Buyer must take appropriate and suitable measures to secure access to:
(a) any device associated with the email address linked to their account on the platform,
(b) private keys required for access to the relevant storage medium (Ethereum or Bitcoin wallet), and
(c) their username, password, and any other login or identification data for the platform.
If a Buyer suspects any security breach in any of the aforementioned areas, they must immediately inform the Company so that the Company can take all necessary and possible measures to secure the Buyer’s account, the website, the platform, the GEMs, and the systems as a whole.
In the event that a Buyer no longer possesses a device associated with their account or is unable to provide their login or identification details for the platform, the Company may, at its discretion, grant access to the Buyer’s account to another party who provides the necessary proof that they are indeed the Buyer or are properly representing the Buyer. The Company expressly reserves the right to determine the evidence it accepts, which may include a sworn, notarially certified identity statement.
7. Liability
The Company and its affiliated companies, as well as their respective executives, employees, or agents, are not liable for damages of any kind regarding GEM, including but not limited to direct, consequential, incidental, special, or indirect damages. This includes, but is not limited to, lost profits, trading losses, or damages arising from the use or loss of use of the website, platform, and GEMs. This applies even if the Company was notified of the possibility of such damages or losses, including but not limited to the use of GEM, the website, or the platform.
Furthermore, neither the Company nor any affiliated company or licensor is responsible for compensation, refunds, or damages arising from (a) the inability to use the website, the platform, or GEM, including and without limitation, due to the termination or suspension of the Ethereum network or this agreement, as well as due to power failures, maintenance, defects, system failures, or other interruptions; and (b) the costs incurred to obtain replacement goods or services.
8. Withdrawal
The Buyer acknowledges that under § 4 of the Consumer Protection Act (KSchG), a consumer has the right to withdraw from a contract with an entrepreneur without providing a reason within 14 days, starting from the day after the contract is accepted, if the consumer’s declaration was not made in the business premises regularly used by the entrepreneur for business purposes.
The Buyer further acknowledges that a consumer, in accordance with § 12 of the Distance and Off-Premises Contracts Act (FAGG), has the right to withdraw from a contract concluded with an entrepreneur in distance selling or outside business premises (i.e., online) without providing a reason within 14 days from the date of contract conclusion.
The right of withdrawal according to the KSchG is not applicable to the Buyer as a consumer if: (i) the Buyer initiated the business relationship with the Company for the purpose of concluding these Terms and Conditions (§ 4 Abs. 3 lit. a KSchG); (ii) the conclusion of these Terms was not preceded by any discussions between the parties or their agents (§ 4 Abs. 3 lit. b KSchG); (iii) the Terms are governed by the Distance Selling Act (FAGG) (§ 4 Abs. 3 lit. d KSchG).
The Buyer acknowledges that they do not have the right to withdraw from a service provided under these terms according to the KSchG, as the Distance Selling Act (FAGG) applies.
The right of withdrawal according to the FAGG does not apply to the delivery of digital content not stored on a physical medium (i.e., GEM), if an entrepreneur begins delivering this digital content before the withdrawal period expires, with the express consent of the consumer and in the knowledge of the loss of the right of withdrawal, after providing a copy or confirmation of the concluded contract to the consumer in a timely manner.
The Buyer hereby gives their explicit consent that the Company will perform the contract regarding the purchase and transfer of GEM before the withdrawal period expires. The Buyer acknowledges the loss of the right to withdraw due to the timely fulfillment of the contract regarding GEM and accepts this. The Company will send a copy or confirmation of the contract conclusion to the Buyer. The Buyer hereby agrees to this process. The Company will begin transferring GEM before the withdrawal period expires. Therefore, the Buyer waives their right of withdrawal from the GEM contract under the FAGG.
Common Provisions
1. Eligibility for Use
The purchase of gemstones, the website, the platform, and the GEM are not available to individuals or legal entities with their domicile or seat in the following countries: (a) United States of America; (b) People’s Republic of China; (c) Republic of Korea; (d) Iceland; (e) Russian Federation (“Restricted Areas”). Natural and legal persons domiciled or seated in the “Restricted Areas” are not allowed to use the website, the platform, and the GEM.
The Company reserves the right to take appropriate organizational and technical measures at its discretion to ensure that the website and GEM are not accessible to persons from the “Restricted Areas.”
When registering to use the platform on behalf of a legal entity, you warrant and ensure that (i) the legal entity is properly organized and validly exists under the applicable laws of the jurisdiction in which it is organized, (ii) you are duly authorized by this legal entity to act on its behalf, (iii) neither you nor the legal entity you represent are listed on any sanctions lists published and maintained by the United Nations, the European Union, an EU member state, an OECD member state, the UK Treasury, or the US Office of Foreign Assets Control (OFAC), (iv) you have a comprehensive understanding of the functioning, use, and storage of cryptographic tokens, smart contracts, and blockchain-based software, (v) the legal entity you represent is seated outside the “Restricted Areas,” and (vi) you have carefully reviewed the contents of this document, understand these terms and conditions, and agree to them.
When registering to use the platform on your own behalf, you warrant and ensure that you (i) are of legal age to enter into a binding contract, (ii) have full authority and capacity to accept these terms and conditions, (iii) are not listed on any sanctions lists published and maintained by the United Nations, the European Union, an EU member state, an OECD member state, the UK Treasury, or the US Office of Foreign Assets Control (OFAC), (iv) have a deep understanding of the functioning, use, and storage of cryptographic tokens, smart contracts, and blockchain-based software, (v) are domiciled outside the “Restricted Areas,” and (vi) have carefully read and understood the contents of this document and agree to these terms and conditions.
2. Cooperation Obligation
The Company adheres to the provisions of the Liechtenstein Due Diligence Act and the regulations on anti-money laundering. A transaction involving GEM between the Company and the Buyer will only be concluded if the Buyer truthfully and fully discloses the personal data necessary to comply with these obligations, and the Company, after reviewing the disclosed personal data, confirms the acceptance of the purchase offer. For the processing of personal data, reference is made to Section V.3 of these terms and conditions.
3. Data Protection
The processing of personal data required for the provision of services by the Company is carried out exclusively on the basis of applicable legal provisions, particularly the General Data Protection Regulation (GDPR).
Further information can be found here: https://www.habsburgfinearts.com/privacy/
4. Force Majeure
The Company and its affiliated companies are not liable for delays or failures to fulfill obligations under the underlying contract if the delay or failure is caused by circumstances beyond our control, including but not limited to force majeure, labor disputes or other operational disruptions, power, telecommunications, hardware, earthquakes, storms, or other natural events, blockades, embargoes, riots, government actions or orders, terrorist acts, war, changes in blockchain technology (in the broadest sense), changes in Ethereum or other blockchain protocols, or other circumstances beyond our control.
5. Taxes
The Buyer is fully responsible for the timely and correct calculation and payment of all taxes due in accordance with the applicable legislation for the Buyer.
6. Intellectual Property
The Company retains all rights, titles, and interests in all intellectual property, including inventions, discoveries, processes, trademarks, methods, compositions, formulas, techniques, information, source code, brand names, graphic designs, text, logos, images, information, and data related to gemstones, GEM, the platform, and the website, regardless of whether these are patentable, copyrightable, or trademarkable, as well as all associated trademarks, copyrights, or patents. The use of intellectual property may only be made with the express, prior, and written consent of the Company.
These terms and conditions should not be understood and interpreted as transferring rights to intellectual property unless explicitly defined in these terms.
Access to and use of the website, platform, and GEMs is granted to the Buyer exclusively in accordance with these terms and conditions. Access to the website is free. Access to the platform requires registration by the Buyer. To register, the Buyer must use a valid email address and choose a password freely. The Company does not have access to or visibility into the Buyer’s password. For clarification, see Section IV.6 of these terms and conditions.
As a condition for using the website and GEMs, the Buyer guarantees to the Company that they will not use the website, platform, or GEM for unlawful purposes or those prohibited by these terms. The Buyer may not use GEM in a way that could damage, disable, overload, or impair the website, platform, or GEM. The Buyer is not allowed to obtain or attempt to obtain materials or information by means not intentionally made available through the website and GEM. The limitation of license transferability is not to be understood as preventing the Buyer from transferring GEM to third parties.
All intellectual property of the Company is owned by the Company and is protected by copyright, trademark law, and other laws related to intellectual property and ownership rights. The Buyer agrees to observe and comply with all copyright and other ownership notices, legends, or other restrictions included in such content and not to make any changes to them.
The Buyer is not permitted to alter, publish, transfer, reverse-engineer, participate in the transfer or sale, create derivative works, or otherwise exploit intellectual property located on the website or related products and services. Intellectual property is not intended for resale. The use of intellectual property does not authorize the Buyer to engage in unauthorized use of the intellectual property, particularly by removing or altering ownership rights or attribution notices. The Buyer will use the intellectual property exclusively for personal use and will not make any other use without the express written consent of the Company and the intellectual property owner. The Buyer understands and accepts that they do not acquire ownership rights to the intellectual property. The Company does not grant the Buyer any explicit or implied licenses for the Company’s intellectual property unless explicitly authorized by these terms and conditions.
7. Applicable Law
These terms and conditions, as well as the provision of our services, are governed by Liechtenstein law, excluding international private law and the UN Sales Convention, and are to be interpreted accordingly.
Notwithstanding the preceding choice of law, a consumer—i.e., a natural person using our services for a purpose that cannot be attributed to their business, professional, or commercial activities—may rely on the mandatory provisions of the law of the state in which they have their habitual residence (i.e., provisions that must apply under the law of the specified country, regardless of this choice of law clause, hereinafter “Mandatory Provisions”).
8. Jurisdiction
Any disputes arising from these terms and conditions shall be exclusively brought before the competent courts in Vaduz, Liechtenstein.
Notwithstanding the above jurisdictional provision, claims by a consumer regarding the enforcement of relevant Mandatory Provisions may also be brought before the courts of the country in which the consumer has their residence, and claims against a consumer may only be brought before the courts of the country in which the consumer resides.
9. Complaints and Alternative Dispute Resolution
For consumers (in the European Economic Area): We recommend informing us of any complaints by contacting our customer service. If this does not lead to a resolution of your complaint, you can upload it via the European Commission’s ODR platform. This platform for online dispute resolution can be found here: http://ec.europa.eu/odr.
The German translation of the platform is based on the English original. The translated version of the English terms is a courtesy translation and is for informational and internal purposes only. In case of disputes, inconsistencies, or discrepancies between the English version and the version in another language, the English version shall prevail and be binding in accordance with applicable law. The English version can be found on our platform (if you choose English as the language) or will be provided to you upon request in written form.
10. Miscellaneous
Materials and information published on the website or elsewhere are not binding and—unless explicitly referenced—are not part of these terms and conditions but are merely for descriptive purposes.
The Buyer and the Company are independent contracting parties, and neither is an agent of the other party for any purpose or has the authority to bind the other party.
11. Final Provisions
The language of the contract is German.
Amendments to these terms and conditions must be made in writing. This also applies to the amendment of this section.
No oral supplementary provisions to these terms and conditions exist.
Failure or omission by the Company to enforce a provision of these terms and conditions does not constitute a waiver of these terms and conditions, nor does it limit the Company’s right to enforce such provision at a later date. Any waivers by the Company must be clear and in writing to be effective.
The invalidity of individual provisions of these terms and conditions does not affect the validity of the remaining provisions.
Subsequently, the provisions of the Austrian Civil Code and the applicable consumer protection laws (such as the KSchG and the FAGG) apply to the transaction, in their respective current versions.
These terms and conditions represent the entire agreement between the Buyer and the Company with respect to the subject matter of these terms and conditions, particularly regarding the use of the website, platform, and GEM. These terms and conditions replace all prior or contemporaneous representations, agreements, or communications, whether written or oral, between the Buyer and the Company regarding the subject matter of these terms and conditions.