Terms of Usage

Terms and Conditions

General Terms and Conditions for the Use of the kollektor.io Platform

Scope of application and general terms

  1. Registration as a seller on the platform
  2. Use of the platform as a seller
  3. Registration or registration of buyers
  4. Sales process and conclusion of sales contracts
  5. Fees
  6. Termination
  7. Technical availability of the platform
  8. Liability
  9. Exemption
  10. Right of revocation
  11. Final provisions

1. Scope of application and general terms

  1. These General Terms and Conditions ("GTC") govern the use of the web application "https://kollektor.io" ("Website") and the mobile application "kollektor" (Android) or "kollektor.io" (iOS) ("App") (Website and App together "Platform"). The operator of the Platform is
Chainstep GmbH
Max-Brauer-Allee 44
D-22765 Hamburg
Management: Christopher Nigischer
Commercial Register: Hamburg Local Court HRB 146587
Telephone: +49 40 228 67 89 20
Fax: +49 40 228 67 89 29

("platform operator").

The GTC apply regardless of whether the user of the platform ("User") is a consumer or an entrepreneur.

This is a translation of the original german AGB. In doubt, the german version is decisive: https://kollektor.io/agb

  1. By means of the platform, the platform operator offers a marketplace on which users who are active as artists can create and sell cryptographic tokens which are non-exchangeable and non-replicable unique specimens ("NFT") (in this capacity "seller"). Furthermore, users can purchase NFTs (in this capacity "Buyer"). NFTs acquired by the Buyer cannot be sold by the Buyer to third parties. The provision of investment advice or other financial services on the platform is not permitted.

  2. The platform operator itself does not offer any NFT and does not become a contractual partner of the contracts concluded exclusively between the users of this platform (including the NFT purchase contract). 4. the customer service is available from Monday to Friday from 9 a.m. to 5 p.m. under the following contact data: Phone: +49 40 228 67 89 20 Fax: +49 40 228 67 89 29

The platform operator may propose amendments to the GTC to the user at any time. Amendments to the GTC shall be offered to the user in text form (e.g. by e-mail) no later than 30 days before the proposed date of their entry into force. Changes to the GTC become effective with the express consent of the user.

2. Registration as a seller on the platform

  1. The use of the platform as a seller requires registration as a seller. Registration is effected by opening a user account on the platform ("user account"), agreeing to the GTC and taking note of the privacy policy. Before completing the registration, the seller may check and, if necessary, correct the data provided. Upon successful registration, a contract on the use of the platform ("user contract") shall be concluded between the platform operator and the seller. There is no entitlement to the conclusion of a user contract.
  2. Sellers who are natural persons may only register if they are at least 18 years of age and have full legal capacity. Registration is permitted for legal entities and partnerships.
  3. The data requested during registration must be provided completely and correctly. The registration of a legal entity or partnership may only be carried out by a natural person authorised to represent the entity or partnership, who must be named. In the case of registration of natural persons, only individual persons may be specified as the owner of the user account.
  4. Multiple registrations are not permitted.
  5. If the data provided changes after registration, the seller is obliged to update the information in his user account without delay.
  6. It is a condition of use that the seller uses the platform on his own account. The seller may not act on behalf of another person.
  7. Sellers must keep their password secret and carefully secure access to their user account. Sellers are obliged to inform the platform operator immediately if there are indications that a user account has been used by third parties.
  8. User accounts are not transferable.
  9. The platform operator is entitled to delete user accounts of incomplete registrations after a reasonable period of time. The same applies to user accounts that have not been used for a longer period of time. Before deleting such a user account, the platform operator shall inform the seller in due time. If the user account is subsequently used again, it will not be deleted.
  10. The platform operator may make the use of the platform or individual functions of the platform or the extent to which individual functions can be used subject to certain prerequisites, such as verification of registration data, duration of use, payment behaviour or the submission of certain proof (e.g. proof of identity). In particular, the platform operator may, under certain conditions, restrict the sales activities of a seller and, in doing so, also make the submission of offers for sale dependent on further conditions such as prior verification.

3. Use of the platform as a seller

  1. The Seller may upload digital content of an artistic nature ("NFT Content") to the Platform and design it on the Platform as one or more NFTs and offer the NFT(s) for sale on one or more external social media platform(s) ("Social Media Platform") available for selection. In the event that an NFT Content is structured as multiple NFTs, each NFT shall include a portion of the NFT Content specified by the Seller.
  2. It is prohibited to offer or advertise NFT and NFT Content on the platform whose offer, sale or purchase violates legal provisions, third party rights (in particular copyrights) or morality. The platform operator reserves the right to make the sale of certain NFT subject to conditions that go beyond the statutory provisions. It is the Seller's responsibility to ensure that its offers, NFT content and NFT (in particular images and other information) are lawful and do not infringe any third party rights (in particular copyrights). 3.
  3. the NFTs created shall be held by the platform operator for the seller on a compatible crypto wallet ("Wallet") until they are sold to a buyer.
  4. NFTs intended for sale by the Seller may be sold to Buyers in accordance with clause 5 of the GTC. 5.
  5. the seller can track the sale process and view his income from the sale of NFT via his user account.

4. Registration or registration of buyers

  1. The purchase of NFT requires registration or login on the respective social media platform on which the offered NFT is offered via a link on the respective social media profile of the Seller ("Social Media Profile") (see section 5 of the GTC for the sales process).
  2. The respective General Terms and Conditions of the respective social media platform shall apply to the registration and login. In the event of technical problems during registration or login, please contact the respective social media platform.

5. Sales process and conclusion of the purchase contract

  1. the seller sets the purchase price and determines the period during which the NFT can be purchased ("offer period"). If the seller has determined NFT for sale, the respective purchase price and the offer period, the platform operator shall insert a link leading to an order form ("sale link") in the selected social media profile of the seller. The sales link is only valid during the offer period.
  2. By clicking on the Sale Link, the Buyer will be directed to an order screen containing information on the NFT and where information of the Buyer (including the method of payment) has to be entered. After entering the requested information, the buyer can check and, if necessary, correct the information he has entered. By clicking the "Buy Now" button, the Buyer bindingly accepts the Seller's offer to sell, so that a purchase contract is concluded between the Buyer and the Seller with regard to the NFT ("Purchase Contract"). In order to be able to click on the "Buy Now" button, it is necessary for the Buyer to accept the General Terms and Conditions and to take note of the Privacy Policy. By accepting the GTC, a contract of use is concluded between the platform operator and the seller. There is no entitlement to the conclusion of a contract of use.
  3. The seller will confirm receipt of the acceptance of the sales offer by e-mail or by text message via the social media platform through which the buyer accessed the order form.
  4. After the conclusion of the sales contract, the platform operator will hold the NFT purchased by the buyer for the buyer.
  5. Payments on the platform are processed via payment service providers (including the payment of the purchase price by the buyer to the seller). The terms and conditions of the respective payment service provider shall apply. The payment methods listed on the platform are available as payment methods.
  6. The platform operator is not involved in the purchase contract, so that no claim against the platform operator results from the purchase contract.

6. Fees

Fees for the use of the platform and their amount and due date result from the price list https://kollektor.io/pricing .

7 Termination

  1. Users may terminate this user contract at any time.
  2. The platform operator can terminate the user contract at any time with a notice period of 30 days to the end of the month. The right to extraordinary termination for good cause remains unaffected.
  3. As soon as the user contract has been terminated by the platform operator, the user may no longer use the services of the platform, even with other user accounts, and may not register again. Termination has no effect on the validity of purchase contracts already concluded on the platform.

8 Technical availability of the platform

  1. The claim of users to use the platform exists only within the framework of the current state of the art. The platform operator temporarily restricts its services if this is necessary with regard to capacity limits, the security or integrity of the servers or for the implementation of technical measures and this serves the proper or improved provision of the services (maintenance work). In such cases, the platform operator shall take into account the legitimate interests of the users, such as by providing advance information. Section 9 of the GTC (liability) remains unaffected by the above provision.
  2. If an unforeseen system failure impedes the use of the platform, the users shall be informed in an appropriate manner.

9 Liability

The platform operator shall be liable to the user in all cases of contractual and non-contractual liability in the event of intent and gross negligence in accordance with the statutory provisions for damages or reimbursement of futile expenses. 2. In other cases, the platform operator shall only be liable - unless otherwise provided for in paragraph 3 - in the event of a breach of a contractual obligation, the fulfilment of which is a prerequisite for the proper performance of the contract of use and on the observance of which the user may regularly rely (so-called cardinal obligation), limited to compensation for the foreseeable and typical damage. In all other cases, the platform operator's liability is excluded, subject to the provision in para. 3. Liability for damages arising from injury to life, limb or health and under the Product Liability Act shall remain unaffected by the above limitations and exclusions of liability.

10. Indemnification

  1. The user shall indemnify the platform operator against all claims asserted by other users or other third parties against the platform operator due to infringement of their rights (in particular copyrights) by offers, NFT, NFT content and other content posted by the user via the platform or due to the user's other use of the platform. In this case, the user shall bear the costs of the necessary legal defence of the platform operator, including all court costs and lawyers' fees in the statutory amount. This shall not apply if the user is not responsible for the infringement. In the event of a claim by a third party, the user is obliged to provide the platform operator immediately, truthfully and completely with all information required for the examination of the claims and a defence.

11. Right of revocation

If the user is a consumer according to § 13 BGB (i.e. a natural person who concludes the contract of use for purposes which can predominantly be attributed neither to his commercial nor to his independent professional activity), the user has a right of revocation in accordance with the following regulations.

Cancellation policy

You have the right to revoke this contract within fourteen days without giving any reason.

The revocation period is fourteen days from the day of the conclusion of the contract.

In order to exercise your right of revocation, you must send us

Chainstep GmbH
Max-Brauer-Allee 44
D-22765 Hamburg
Management: Christopher Nigischer
Commercial Register: Hamburg Local Court HRB 146587
Telephone: +49 40 228 67 89 20
Fax: +49 40 228 67 89 29

by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to revoke this contract. You may use the enclosed model cancellation form for this purpose, which is, however, not mandatory.

To comply with the withdrawal period, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of revokation

If you withdraw from this contract, we must repay you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days from the day on which we received the notification of your withdrawal from 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 any fees because of this repayment.

If you have requested that the services begin during the withdrawal period, you must pay us a reasonable amount corresponding to the proportion of the services already provided up to the time you notify us of the exercise of the right of withdrawal in respect of this contract compared to the total scope of the services provided for in the contract.

Example withdrawal form

(If you wish to cancel the contract, please complete and return this form).

  • To [here the name, address and, if applicable, the fax number and e-mail address of the trader is to be inserted by the trader]:

  • I/we () hereby revoke the contract concluded by me/us () for the purchase of the following goods ()/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(s)

(*) Delete where not applicable.

12. Final provisions

  1. The user contract is not transferable to other persons or companies without the consent of the platform operator. The platform operator will not unreasonably withhold consent.
  2. The user can download and save the current version of these GTC via the URL https://kollektor.io/agb.
  3. The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods, as long as there are no mandatory statutory provisions to the contrary.
  4. The contract language is German and English. The German version of the GTC shall be decisive for the interpretation.
  5. If the user is a merchant and has his registered office in Germany at the time of the order, the exclusive place of jurisdiction is the registered office of the platform operator. Otherwise, the applicable statutory provisions shall apply to the local and international jurisdiction.
  6. should individual provisions of these GTC be or become wholly or partially invalid, unenforceable or unenforceable, this shall not affect the validity, enforceability and enforceability of the remaining provisions of these GTC. The invalid, illegal, unenforceable and/or unenforceable provision shall be deemed to be replaced by such valid, legal and enforceable provision as corresponds as far as possible to the spirit and economic purpose of these GTC and to the original intention of the parties.
  7. The European Commission's platform for online dispute resolution (OS) for private individuals can be used under the following link: https://ec.europa.eu/consumers/odr/.

The platform operator is not willing and not obliged to participate in a dispute resolution procedure before a consumer arbitration board.

Status: 1.11.2021