Distance Sales and Digital Collectible Delivery Agreement
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The sales contract concluded electronically before purchase: order, payment, digital delivery, right of withdrawal and its statutory exception.
Section 1 — Parties
1.1 Business
This Distance Sales and Digital Collectible Delivery Agreement (the “Agreement”) is concluded electronically between TRAFO e.U., an undertaking operating under the laws of the Republic of Austria (the “Business”), and the natural or legal person who purchases a Digital Collectible Asset through the website dadadesign.at (the “Platform”) (the “Buyer”).
The Business’s legal name, registration particulars, contact details and other legally required information are published on the Platform’s Legal Notice / Impressum page and form an integral part of this Agreement.
1.2 Buyer
The Buyer is the natural or legal person who places an order through the Platform, accepts this Agreement electronically and purchases a Digital Collectible Asset either in the Buyer’s own name or on behalf of a legal entity represented by the Buyer.
The Buyer confirms that the information supplied during the ordering process is accurate, current and complete and accepts responsibility for consequences arising from inaccurate or incomplete information.
1.3 Electronic Conclusion of the Agreement
This Agreement is deemed to be concluded electronically when the Buyer accepts it by selecting the relevant checkbox during the ordering process and completes the order.
To the extent permitted by applicable law, the Parties acknowledge that electronic confirmations, electronic records and system logs may constitute evidence concerning the conclusion and performance of this Agreement.
1.4 Commercial Purpose
Digital Collectible Assets offered through the Platform are digital works developed for collecting and digital-art purposes.
The technical characteristics, permitted scope of use and any special conditions applicable to each product are stated separately on the relevant product page.
1.5 Information on Payment Services
Payments made through the Platform are processed by authorised independent third-party payment service providers acting in connection with the Business.
The Business does not store credit-card details, does not access payment-card details and does not directly operate the payment infrastructure.
Payment transactions are carried out within the relevant payment service provider’s own security standards, technical infrastructure and contractual terms.
The Business is not a payment service provider. Card verification, identity authentication, fraud prevention, payment authorisation and comparable payment-related processes are carried out within the systems and procedures of the relevant licensed payment service provider.
1.6 Security Review
For the purposes of protecting users, preserving the integrity of the Platform and preventing fraud, the Business reserves the right to review orders, request additional verification, temporarily withhold delivery, reject suspicious transactions and, where necessary, cancel an order.
Such reviews are intended to protect the legitimate interests of users and the Business.
1.7 Limitation Relating to Payment Services
The Business is not responsible for disruptions arising from the financial services, banking operations, card-verification processes, authorisation procedures or technical infrastructure of payment service providers.
This does not affect the Business’s obligation to perform matters within its own sphere of control in accordance with applicable law.
1.8 Identity and Authority Representation
The Buyer represents that all identity, contact and invoicing information provided in transactions conducted through the Platform is accurate, current and complete.
A person acting on behalf of a legal entity confirms that he or she is authorised to represent that entity.
Where reasonably necessary, the Business may request additional information or documentation in order to verify such representations.
The relevant user is responsible for legal consequences arising from false, misleading or incomplete information.
Section 2 — Definitions
2.1 Business
“Business” means TRAFO e.U., which sells Digital Collectible Assets through the Platform.
2.2 Platform
“Platform” means dadadesign.at and the digital environments operated by the Business through which products and services covered by this Agreement are offered.
2.3 Buyer
“Buyer” means the natural or legal person who places an order through the Platform and purchases a Digital Collectible Asset.
2.4.1 Digital Collectible Asset
“Digital Collectible Asset” means digital artworks, collectible products, limited editions, unique works and comparable digital content delivered electronically through the Platform.
Unless expressly stated otherwise, the term “product” in this Agreement means a Digital Collectible Asset.
2.4.2 No Investment Purpose
Digital Collectible Assets offered by the Business are offered for art, design and collecting purposes. No Digital Collectible Asset is offered as an investment instrument, financial product, security or investment advice.
The Business does not guarantee that any Digital Collectible Asset will attain a particular future economic value, appreciate in value, be capable of resale or generate an investment return.
The Buyer acknowledges that the purchase decision is made on the basis of the Buyer’s own assessment.
2.5 Digital Delivery
“Digital Delivery” means delivery of a purchased Digital Collectible Asset by assigning it to the Buyer’s user account, generating a secure download link or otherwise making it electronically accessible.
If registered ownership is subsequently transferred, the rights and obligations of transferor and transferee are governed by the Intellectual Property and Licence Policy and the Digital Certificate and Ownership Policy.
Once delivery has been completed, the Business has no obligation to provide the same digital file again, reopen it for download or retain it, except where mandatory law requires otherwise.
2.6 Certificate
“Certificate” means a digital document identifying authenticity, collection information or other verification elements relating to a particular Digital Collectible Asset.
A Certificate does not, by itself, confer copyright or commercial-use rights.
2.7 Payment Service Provider
“Payment Service Provider” means an independent third-party financial service provider authorised under applicable law to facilitate secure payment processing.
The Business is not responsible for the financial services provided by such provider.
2.8 Electronic Record
“Electronic Record” means records created electronically in relation to orders, payments, delivery, user actions and technical processes.
To the extent permitted by applicable law, such records may be used as evidence in disputes.
2.9 Suspicious Transaction
“Suspicious Transaction” means a transaction involving unusual payment behaviour, identity inconsistencies, a high fraud risk, suspected unauthorised use or another security risk.
The Business reserves the right to review, suspend or reject such transactions.
2.10 Force Majeure
“Force Majeure” means events beyond the reasonable control of the Parties that temporarily or permanently prevent performance of obligations.
2.11 Exercise of the Business’s Discretion
Any assessment, review, verification, security-control, protective or similar discretion granted to the Business under this Agreement shall not be exercised arbitrarily, but only on objective, reasonable and verifiable grounds and in accordance with proportionality, good faith and applicable law.
Section 3 — Digital Collectible Assets Offered for Sale
3.1 Products Offered
Products offered through the Platform are Digital Collectible Assets created by the Business.
They consist of collectible works created digitally and delivered electronically.
Unless expressly stated otherwise, products offered for sale are not physical goods and do not involve physical delivery.
3.2 Product Information
To the extent reasonably possible, the Platform provides for each Digital Collectible Asset information such as product name, collection name, series information, production type (unique, limited or open edition), edition quantity where applicable, sales price, delivery method, technical characteristics, permitted scope of use and any special conditions.
The Business exercises reasonable care to keep product information accurate and current.
3.3 Digital Nature of the Product
The Buyer acknowledges and accepts that the purchased product is a digital collectible asset and that no physical product will be delivered.
Differences in colour, brightness, resolution or other visual characteristics may arise from display settings, device characteristics or software differences.
Such technical differences do not, by themselves, constitute non-conformity or incomplete delivery.
3.4 Collection Characteristics
Digital Collectible Assets may be offered as a Unique Edition, Limited Edition, Open Edition, special collection, seasonal collection or special-event collection.
The relevant classification is stated on the applicable product page.
3.5 Certificate
The Business may issue a digital Certificate for Digital Collectible Assets where it considers this appropriate.
The Certificate may assist in verifying authenticity, displaying collection information and identifying the product.
Unless expressly stated otherwise, issuance of a Certificate does not grant additional usage rights, copyright or a commercial-use licence.
3.6 Product Images
Product images on the Platform are published for presentation purposes.
Although the Business takes reasonable care to display essential product characteristics accurately, it is not responsible for visual differences caused by different devices, display technologies or software settings, subject always to mandatory law.
3.7 Product Updates
The Business may add new products, withdraw products from sale or update its collections.
Contractual rights already acquired by a Buyer in respect of a completed purchase remain unaffected.
3.8 Information Concerning Collection Value
Digital Collectible Assets are offered for collecting and digital-art purposes.
The Business gives no guarantee or undertaking concerning future market value, investment return, resale price or increase in collection value.
The Buyer makes the purchase decision on the basis of the Buyer’s own assessment.
3.9 Legal Nature of Products
Digital Collectible Assets sold through the Platform are not offered as investment instruments, securities, financial products, electronic money, payment instruments or crypto-asset services.
Unless expressly stated otherwise on the product page, they are digital collectible and digital-art products only.
Section 4 — Ordering Process
4.1 Placing an Order
The Buyer initiates the electronic ordering process by selecting the Digital Collectible Asset to be purchased.
To complete an order, the Buyer must provide the required information accurately and completely, accept this Agreement and the relevant legal texts electronically and successfully complete the payment process.
4.2 Pre-Contract Information
Before completion of the order, the Buyer is provided, to the extent applicable, with information concerning the product’s essential characteristics, sales price, applicable taxes, payment methods, digital-delivery method, withdrawal rights, usage rights and intellectual-property restrictions.
The Buyer acknowledges having had the opportunity to review this information before completing the order.
4.3.1 Receipt of Order
Receipt of an order by the Platform confirms that the order request has been successfully recorded in the system.
Recording the order does not, by itself, mean that the order has been finally accepted or that performance must begin immediately.
The Business may process the order after completing the security and verification procedures specified in this Agreement.
4.3.2 Order Security Review
Where objective security grounds exist, including order security, payment verification, identity verification, fraud risk, applicable anti-money-laundering obligations or comparable concerns, the Business may place the order under review.
During the review, the Business may reasonably request additional information or documents.
Processing or Digital Delivery may be deferred until the review is completed.
4.4.1 Security and Verification Controls
The Business may subject orders to risk assessment in order to protect users, payment systems and the Platform.
It may verify payment, request additional information or documentation, request identity verification, refer the order for manual review or temporarily withhold delivery.
These measures are carried out for fraud prevention and secure commerce.
4.4.2 Security Review
Where there is a fraud risk, payment-security concern, need for identity verification, sanctions-screening requirement, applicable anti-money-laundering obligation or another objective security ground, the Business may review the order.
Additional information or documents may be requested and processing or Digital Delivery may be deferred until the review has been completed.
4.5 Suspicious Transactions
Examples of circumstances that may be treated as suspicious include inconsistent payment information, an unusual number of orders from the same user account, use of a payment instrument issued in another person’s name, failed identity verification, a high-risk warning from the payment service provider, reasonable indications of automated systems or bots, and other circumstances reasonably suggesting unlawful use.
Each case is assessed individually.
4.6 Rejection or Suspension of an Order
Where justified grounds exist, including suspected unlawful activity, fraud risk, inability to complete payment verification, technical security risk, legal obligations or requests from competent authorities, the Business may reject or suspend an order or temporarily stop delivery.
Any such action shall be taken in accordance with applicable law and good faith.
4.7 Third-Party Payment Instruments
The Buyer represents that the Buyer is legally authorised to use any credit card, debit card or other payment instrument used for payment.
Where there is reasonable doubt regarding authorisation, the Business may request additional verification or decline to process the order.
Where the Business becomes aware, or has strong indications, that a payment instrument is being used unlawfully, it may take necessary security measures and stop the relevant transaction.
The Business may reasonably rely on payment transactions verified and approved by a licensed payment service provider and is not required to investigate the private legal relationship between the Buyer and the actual holder of the payment instrument.
4.8 Finalisation of Order
An order is finalised once payment has been successfully completed, required security controls have been concluded and the order has been accepted for processing by the Business.
An order confirmation or delivery-preparation notice indicates that the order has entered processing.
4.9 Express Request for Digital Delivery and Acknowledgement Concerning Withdrawal
For immediate Digital Delivery, the Buyer may be required, by a separate checkbox during checkout, expressly to request that performance of the digital-content contract begin immediately after conclusion of the contract, acknowledge having been informed that commencement of performance may result in loss of the statutory right of withdrawal where applicable, and expressly accept that consequence.
Where the law requires such consent and acknowledgement, Digital Delivery shall not begin without them.
For consumers, this clause is intended to operate consistently with the mandatory requirements applicable to digital content supplied otherwise than on a tangible medium, including the requirements for prior express consent and acknowledgement of the loss of the right of withdrawal.
4.10 Electronic Records
Electronic consents, order records, payment verifications, delivery records, system logs and timestamps may be retained in accordance with applicable law for transaction processing, security and dispute resolution.
Their evidential value is subject to applicable law and assessment by the competent court or authority.
Section 5 — Prices and Payment
5.1 Sales Price
Unless expressly stated otherwise, prices published on the Platform are the applicable sales prices for the relevant Digital Collectible Asset.
Applicable taxes, statutory charges and other fees are displayed separately in the order summary where required by law.
5.2 Payment Methods
The Business may offer various electronic payment methods through the Platform.
Supported methods are displayed during checkout and may change over time.
The Business may add, remove or restrict payment methods, subject to applicable law.
5.3 Independent Payment Service Providers
Payments are processed through authorised independent third-party payment service providers operating under their own contracts, security standards and legal obligations.
The Business uses those providers for the technical processing of payments.
5.4 Card Information
Payment-card data, card-verification data and comparable sensitive payment information are not processed or stored by the Business where the payment flow is handled directly by the payment service provider.
Such information is processed by the relevant provider in accordance with its security standards and applicable law.
5.5 Completion of Payment
Before an order can be processed, payment must be successfully confirmed by the relevant payment service provider.
Digital Delivery does not begin before the required payment confirmation has been received.
5.6 Failed Payments
If payment is rejected, cancelled, unsuccessful, not authorised or not confirmed by the payment service provider, the Business is not obliged to process the order.
5.7 Unauthorised Payment Instruments
The Buyer represents that the Buyer is legally authorised to use the payment instrument used.
Where reasonable doubt exists, the Business may request additional verification, review the order or reject the transaction.
5.8 Fraud Prevention
For the security of the Platform, users and payment systems, the Business may conduct risk analysis, apply security controls, request additional verification, review suspicious transactions and temporarily suspend delivery.
Such measures are used for fraud prevention, compliance with legal obligations and maintenance of a secure trading environment.
5.9.1 Chargeback Processes
If a payment is reversed following an allegation that it was unauthorised, the Business may provide information and documentation requested by the relevant payment service provider or financial institution, subject to applicable law.
Electronic order records, delivery records, electronic consents and other technical records may be used as evidence to the extent permitted by law.
5.9.2 Protective Measures During Chargeback Proceedings
Where a chargeback, allegation of unauthorised payment or comparable payment dispute arises, the Business may, to the extent permitted by law, temporarily suspend delivery, access or related services concerning the relevant Digital Collectible Asset until the dispute is resolved.
Such measures do not extinguish the Parties’ statutory rights.
Where a cardholder, bank, payment service provider or competent financial institution initiates a chargeback, unauthorised-transaction report or similar dispute, the Business may temporarily suspend Digital Delivery, access or other services relating to the relevant order, to the extent permitted by applicable law.
The Business may act in reasonable reliance on payment approval by its payment service provider. Orders and payments made through the Buyer’s account using valid authentication methods may be treated as valid unless otherwise established by a competent authority or the payment service provider’s final determination. Subject to mandatory law, the Business is not liable merely because the Buyer’s account or authentication credentials were used by a third party.
5.10 Activities of Payment Service Providers
The Business is not directly responsible for the technical infrastructure of payment service providers, banking services, card-scheme verification processes, decisions of financial institutions or interruptions and delays in payment networks.
This does not exclude obligations within the Business’s own sphere of control.
5.11 Currency
Unless otherwise stated, all prices on the Platform are shown in Euro (EUR).
Currency conversion and transaction fees for payments in other currencies may be determined by the relevant payment service provider or financial institution.
5.12 Pricing Errors
Where an obvious system error, technical fault or typographical mistake results in a price manifestly inconsistent with the intended offer, the Business may review the order and make corrections within the limits of applicable law.
The Buyer shall be informed without undue delay and retains all statutory rights.
5.13 Taxes
Tax treatment may vary according to the Buyer’s location, applicable tax law and the nature of the transaction.
Applicable taxes are displayed before completion of the order to the extent required and reasonably possible.
5.14 Electronic Invoice and Delivery
The Business may issue invoices electronically in accordance with applicable tax law.
An electronic invoice may be sent to the email address provided by the Buyer and/or made available in the user account.
The Buyer is responsible for providing an accurate and current email address.
Successful transmission to the address provided or availability in the user account may serve as evidence of electronic delivery, without prejudice to mandatory legal requirements. If the Buyer cannot access the invoice for technical reasons, the Buyer may request that it be resent.
Section 6 — Fraud Prevention and Security Measures
6.1 Purpose
The Business applies reasonable technical, administrative and legal security measures to protect users, Digital Collectible Assets, payment systems and the Platform.
These measures are intended to prevent fraud and unauthorised transactions, protect personal data and maintain a secure electronic-commerce environment.
6.2 Risk Assessment
Orders may be subject to automated or manual risk assessment.
The nature of the order, payment method, technical security indicators and other objective criteria may be considered.
A risk assessment does not, by itself, mean that the Buyer has acted unlawfully.
6.3 Additional Verification
Where reasonable security grounds exist, the Business may request identity verification, address verification, verification of payment authority, additional information or documentation, or other reasonable checks designed to verify the order holder.
Such requests are made for the protection of a secure trading environment.
6.4 Response to Suspicious Transactions
Where, on objective and reasonable grounds, the Business considers a transaction to present a security risk, it may review the order, temporarily stop Digital Delivery, request additional verification, reject the transaction or cancel the order where necessary.
Measures shall be proportionate to the circumstances.
6.5 Suspected Unauthorised Use
Where there is reasonable suspicion of unauthorised account use, unauthorised use of another person’s payment instrument, identity theft, creation of false accounts, use of automated systems or bots, or other conduct endangering Platform security, the Business may take necessary security measures.
6.6 Security Cooperation
To the extent permitted by applicable law, the Business may cooperate with payment service providers, financial institutions, competent public authorities, law-enforcement bodies and judicial authorities for compliance and fraud-prevention purposes.
Personal data shall be shared only in accordance with applicable data-protection law.
6.7 Account Security
The Buyer must keep account credentials confidential, prevent unauthorised use of the account and notify the Business without undue delay upon becoming aware of suspicious account activity.
6.8 Effect of Security Measures
Security controls are intended to reduce fraud risk but no security system can provide absolute protection.
Subject to mandatory law, liability for unlawful acts of third parties outside the Business’s control is determined according to applicable law and the Business’s own fault.
6.9 Anti-Money-Laundering and Sanctions Measures
To the extent the Business is subject to applicable legal obligations, it may implement suspicious-transaction detection, identity verification, sanctions screening and comparable security measures.
Where legally justified, it may review an order, request additional information or reject a transaction.
Section 7 — Digital Delivery
7.1 Method of Delivery
Purchased Digital Collectible Assets are not physically shipped.
Depending on the product, delivery may occur by assignment to the user account, creation of a secure download link, transmission of access information by email, availability through a certificate panel or another secure digital-delivery method offered by the Platform.
7.1.1 Delivery records, access records, system records, timestamps and other electronic records generated by the Business may be used to verify Digital Delivery to the extent permitted by law.
7.2 Delivery Time
Unless otherwise stated on the product page, the Business aims to make the Digital Collectible Asset digitally accessible within a reasonable period.
Security controls, technical maintenance, payment verification or Force Majeure may reasonably extend delivery time.
7.3 Completion of Delivery
The delivery process may be treated as completed when the Digital Collectible Asset is made accessible in the Buyer’s account, a secure download link is generated, electronic access is provided or a delivery notification is sent, as applicable.
Whether delivery has legally occurred in a particular case is determined in light of applicable law and the relevant technical records.
7.4 Delivery Records
The Business may create technical records concerning Digital Delivery, including delivery date, delivery method, user account, system records, timestamps and electronic notification records.
Such records may be used to verify delivery to the extent permitted by law.
7.5 Buyer’s Duty to Check
After receiving a delivery notification, the Buyer should within a reasonable period check the user account, registered email address, spam or junk folder and delivery links.
The Buyer should contact the Business without undue delay if a technical delivery problem occurs.
7.6 Technical Problems
Where delivery fails due to a technical problem within the Business’s systems, the Business shall take reasonable steps to remedy the issue within a reasonable period.
Subject to mandatory law, the Business is not responsible for access problems caused by the Buyer’s device, internet connection, software, email service or security settings.
Where the Digital Collectible Asset has been made accessible through the Buyer’s account or a usable secure download link, problems caused solely by the Buyer’s own device, storage medium, internet connection, software or security settings do not by themselves mean that delivery did not occur.
7.7 Post-Delivery Support
If the Buyer experiences a technical access problem after delivery, the Buyer may submit a support request through the Platform.
The Business will review the request within a reasonable period and seek to provide an appropriate solution.
Section 8 — Digital Ownership and Usage Rights
8.1 Transfer of Digital Ownership
Upon completion of payment and Digital Delivery, the Buyer acquires, under this Agreement, the ownership or contractual proprietary rights expressly associated with the relevant Digital Collectible Asset.
Those rights are limited to the purchased Digital Collectible Asset and do not include intellectual-property rights not expressly granted by this Agreement.
8.2 Scope of Ownership
The Buyer may retain the purchased Digital Collectible Asset in a personal digital collection, view it, use it for personal purposes and, where legally and technically permitted, transfer the transferable rights associated with it to a third party.
No additional usage rights are granted unless expressly stated.
8.3 Commercial Use
Unless separately agreed in writing, the Buyer may not use the Digital Collectible Asset in commercial activities, advertising, brand promotion, paid distribution, licensing, marketing or the sale of products or services.
Commercial-use rights may be granted only under a separate written licence agreement with the Business or relevant rights holder.
8.4 Transfer
The Buyer may transfer the transferable rights associated with a Digital Collectible Asset to another person in accordance with applicable law and applicable Platform rules.
Such transfer does not transfer copyright, intellectual-property rights or additional usage rights unless expressly agreed.
8.5 Limits on Use
The Buyer agrees to use the Digital Collectible Asset lawfully, not to infringe third-party rights and not to engage in activities that endanger Platform security.
8.6 Ownership Records
The Business may maintain an electronic ownership/rights-record system for Digital Collectible Assets.
The system may be used to track ownership history, verify Certificates, provide technical support and resolve disputes.
Records are created and retained in accordance with applicable law.
8.7 Collection Integrity
The Buyer agrees to refrain from misleading or unlawful uses that would harm the integrity of the collection to which the Digital Collectible Asset belongs.
8.8 No Value Guarantee
The Business gives no guarantee concerning future market value, resale value, investment return, collection value or economic gain.
The purchase decision is based entirely on the Buyer’s own assessment.
8.9 Limits of Ownership
Purchase of a Digital Collectible Asset does not transfer copyright, design rights, trademark rights, source files, working files, production processes, software components or commercial-use rights.
Unless separately agreed in writing, such rights remain with the Business or the relevant rights holder.
8.10 Interpretation
The ownership and usage rights in this Section must be interpreted together with applicable intellectual-property law.
In case of doubt, only rights expressly stated to have been transferred shall be treated as transferred.
8.11 Misuse of Ownership
Ownership or contractual proprietary rights do not authorise use of the Digital Collectible Asset in breach of this Agreement, applicable law or third-party rights.
The Business reserves all remedies available under applicable law in the event of unlawful use.
Section 9 — Intellectual Property Rights
9.1 General Principle
Digital Collectible Assets offered through the Platform consist of digital content, designs and other creative works that may qualify for protection under applicable intellectual-property law.
The Buyer acquires only those rights expressly stated in this Agreement.
9.2 Ownership of Rights
Unless otherwise agreed in writing, copyright, design rights, trademark rights, database rights, source files, working files, production methods, creative processes, the collection system, visual identity, graphic arrangements, typography, character designs, illustrations and all related intellectual-property rights belong to the Business or the relevant rights holder.
9.3 No Transfer of Copyright
Purchase of a Digital Collectible Asset does not transfer copyright or other intellectual-property rights.
Any transfer of intellectual-property rights requires a separate legally valid agreement and, where required, written form.
9.4 Prohibited Uses
Without prior written permission from the Business or relevant rights holder, the Buyer may not reproduce, copy, redistribute, sell copies of, license, commercially exploit, modify or create derivative works from the underlying work, use it as brand or promotional material, use it for training artificial-intelligence models, include it in datasets or feed it into automated content-generation systems, except to the extent such restriction would be prohibited by mandatory law.
This clause does not prevent a transfer of the Digital Collectible Asset itself where such transfer is expressly permitted under Section 8 and the applicable policies.
9.5 Trademark Rights
“DaDa Design”, “TRAFO e.U.” and the logos, trade names, emblems, icons, graphic identity, design language and distinctive signs used on the Platform are protected to the extent provided by applicable intellectual-property and trademark law.
This Agreement does not grant a trademark licence.
9.6 Source Files
The purchase does not grant rights in PSD, AI, working SVG files, project files, production files, layered design files or development materials.
Such files are supplied only where expressly stated.
9.7 AI-Assisted Production Process
Digital Collectible Assets offered by DaDa Design are products of creative processes directed by human creative input.
The Business may use AI-assisted tools at certain stages of design, concept development, sketching, visual generation, composition, colour work, editing, quality control or comparable creative processes.
The use of AI-assisted tools does not, by itself, alter the legal allocation of such intellectual-property rights as may subsist in the final work.
9.7.1 Human Creative Contribution
Digital Collectible Assets published by DaDa Design are not presented merely as uncurated automated-system outputs.
Creative decisions concerning selection, artistic direction, collection coherence, editing, naming, publication and presentation are made by or under the direction of the Business.
9.7.2 Technologies Used
The Business may use AI-assisted design tools, graphic-design software, digital-drawing tools, image-processing technologies, three-dimensional modelling software, photo-editing tools, automation systems and comparable technologies.
Technologies may change or be updated over time.
9.7.3 Confidentiality of Production Process
The Business may treat working methods, creative processes, workflows, AI configurations, prompts, technical settings, training methods, production techniques and other non-public production information as confidential information or trade secrets where the legal requirements are met.
The Business is not obliged to disclose such information except where required by law.
9.7.4 Use of AI Outputs
The use of AI-assisted processes in the creation of a Digital Collectible Asset does not grant the Buyer additional rights in source files, production methods, prompts, model information or comparable technical content.
9.7.5 Non-Disclosure of Production Details
Unless required by mandatory law or expressly stated on the product page or applicable licence terms, the Business is not obliged to disclose the precise degree of human or AI-assisted contribution or the technical methods, software, models, prompts or workflows used in production.
9.8 Social-Media Sharing
The Buyer may share the purchased Digital Collectible Asset on personal social-media accounts for non-commercial purposes, provided that the source of the work is not misrepresented.
Such sharing does not transfer copyright or grant commercial-use permission.
9.9 Intellectual-Property Infringement
In the event of unauthorised use or infringement, the Business may seek cessation of the infringement, removal of content, remedies through relevant platforms, compensation for loss and any other civil or criminal remedies available under applicable law.
9.10 Reservation of Rights
All intellectual-property rights not expressly granted to the Buyer remain with the Business or relevant rights holder.
No licence or usage right is implied merely because it is not expressly prohibited.
Section 10 — Right of Withdrawal and Special Provisions for Digital Content
10.1 General Principle
Digital Collectible Assets may constitute digital content or a digital service for the purposes of applicable consumer law.
Withdrawal rights are therefore determined by the applicable consumer-protection rules together with this Agreement.
10.2 Pre-Contract Information
Before purchase is completed, the Buyer shall be informed clearly, where legally applicable, that the product is digital content, that no physical delivery will occur, of the delivery method, of applicable withdrawal rights and of the legal consequences of commencing Digital Delivery.
10.3 Request for Digital Delivery and Express Consent
Before completing the order, the Buyer may expressly request that the Digital Collectible Asset be delivered digitally as soon as possible after payment has been successfully confirmed.
Where required by applicable consumer law, the Buyer shall also be clearly informed before performance begins that the right of withdrawal will be lost once performance begins under the statutory conditions and shall expressly acknowledge that consequence.
The Business may retain the request and consent together with date, time, IP address, user account, accepted contract version and other electronic records, to the extent lawful.
10.4 Loss of the Right of Withdrawal
For a consumer contract requiring payment and concerning digital content not supplied on a tangible medium, the statutory right of withdrawal may cease only where the requirements of applicable mandatory law are fulfilled, including, where applicable, the consumer’s prior express consent to commencement of performance before expiry of the withdrawal period and the consumer’s acknowledgement that the right of withdrawal is thereby lost.
Nothing in this Agreement removes or restricts mandatory consumer rights.
10.5 Express Consent
Where withdrawal rights may be affected, the Business may use mechanisms for express consent, express request and electronic acceptance.
Such consents may be documented by electronic records.
10.5 Electronic Consent Process
Completion of an order may require the Buyer separately to provide electronic consents required by applicable law.
These may include a request for immediate Digital Delivery, acknowledgement concerning the right of withdrawal and other legally required declarations.
The Business may record these consents together with date, time, IP address, user account, order number and accepted contract version, to the extent permitted by law.
10.6 Electronic Records
The Business may create, process and retain order records, electronic-consent records, express requests and acknowledgements, delivery records, access records, timestamps, IP addresses, user-account information, order numbers, accepted contract versions and other technical records in accordance with applicable law.
Such records may be used for order processing, verification of Digital Delivery, service security, legal compliance, fraud prevention and dispute resolution.
Their evidential value remains subject to the competent court or authority.
10.7 Protection of Consumer Rights
Nothing in this Section shall be interpreted as excluding or restricting rights granted to consumers by mandatory law.
Respect for statutory consumer rights is a fundamental principle of the Business.
Section 11 — Non-conforming Digital Content and Statutory Rights
11.1 General Principle
The Business aims to provide Digital Collectible Assets in conformity with the characteristics stated in this Agreement at the time of delivery.
The Buyer’s mandatory statutory rights relating to non-conforming digital content remain unaffected.
11.2 Conformity
The delivered Digital Collectible Asset should conform to the essential characteristics, technical qualities, delivery method and licence scope stated in the product description and contract, subject to applicable law.
11.3 Technical Compatibility
The Buyer is responsible for meeting minimum technical requirements disclosed in the product description.
The Business is not responsible for incompatibility caused solely by devices that do not meet disclosed system requirements, without prejudice to mandatory statutory conformity obligations.
11.4 Notification
If the Buyer considers that the Digital Collectible Asset has a technical problem or does not conform to the contract, the Buyer should notify the Business within a reasonable period where such notification may lawfully be required.
The notification should, where possible, describe the issue and relevant technical information.
11.5 Review
The Business will review a reported technical problem or allegation of non-conformity within a reasonable period.
Additional information, screenshots or technical records may be requested where reasonably necessary.
11.6 Remedy
Where a non-conformity attributable to the Business is established, the Business shall address it in accordance with applicable law.
Depending on the circumstances, this may involve technical correction, renewed Digital Delivery, restoration of access or another appropriate remedy.
11.7 Statutory Remedies
If the issue cannot be remedied within the period or under the conditions required by applicable consumer law, the Buyer may exercise the statutory remedies available under that law.
11.8 User-Caused Problems
Problems arising solely from the Buyer’s device, internet connection, unsupported software or hardware, security settings, third-party software or use/modification contrary to this Agreement do not by themselves establish non-conformity.
This does not exclude the Business’s mandatory statutory obligations.
11.9 Technical Support
The Business may provide reasonable technical support.
Provision of support does not mean that every request must be accepted or that additional services must be provided free of charge.
11.10 Reservation of Statutory Rights
Nothing in this Section restricts or excludes mandatory rights available to the Buyer.
Section 12 — Rights and Obligations of the Parties
12.1 General Principle
The Parties shall perform their rights and obligations under this Agreement in accordance with good faith, fair dealing and applicable law.
12.2 Rights of the Business
Subject to applicable law, the Business may operate and develop the Platform, update technical infrastructure, apply security measures, review suspicious transactions, prevent unlawful use, request additional verification where justified and update this Agreement in accordance with law.
12.3 Obligations of the Business
The Business aims to deliver purchased Digital Collectible Assets in accordance with this Agreement, process personal data in accordance with applicable data-protection law, apply reasonable technical and organisational security measures, assess user requests within a reasonable period and comply with applicable consumer law.
12.4 Obligations of the Buyer
The Buyer agrees to provide accurate and current information, maintain account security, use payment instruments lawfully, respect third-party rights, refrain from unlawful use of the Platform and comply with this Agreement.
12.5 Account Security
The Buyer is responsible for keeping usernames, passwords and other authentication information confidential.
If the Buyer becomes aware of unauthorised account use, the Buyer must notify the Business without undue delay.
12.6 Prohibited Conduct
The Buyer may not attempt to compromise Platform security, upload or distribute malware, use automated software or bots to conduct transactions contrary to Platform rules, create false accounts, use another person’s account without authority, misuse payment systems, provide misleading or unlawful information, interfere with Platform operation or use the Platform contrary to applicable law.
12.7 Duty to Cooperate
The Buyer agrees reasonably to cooperate with requests for information or documentation relating to orders, payment, delivery or security processes.
12.8 Duty to Notify
The Buyer should notify the Business within a reasonable period of material changes to contact information, suspected account compromise, security issues concerning payment information and technical problems affecting delivery.
12.9 Unlawful Use
Where the Business determines, or reasonably suspects, that the Platform or Digital Collectible Assets are being used unlawfully, it may review relevant transactions, temporarily suspend Digital Delivery, temporarily restrict the user account, cancel an affected order where legally justified and initiate legal measures available under applicable law.
Measures shall be proportionate to the circumstances and applied in accordance with good faith.
12.10 Fair-Use Principle
The Platform may be used only for purposes consistent with this Agreement and applicable law.
The Parties shall not exercise rights contrary to good faith or in a manner that unnecessarily infringes the other Party’s rights.
Section 13 — Limitation of Liability
13.1 General Principle
The Business aims to conduct its activities in accordance with applicable law and to take reasonable technical, administrative and organisational measures in providing its services.
This Section regulates the scope and limitations of liability subject to mandatory law.
13.2 Priority of Mandatory Law
Nothing in this Section excludes or limits liability that cannot lawfully be excluded or limited under Austrian law, European Union law or mandatory consumer-protection rules.
13.3 Third-Party Service Providers
The Business may use payment infrastructure, electronic communications services, cloud services, hosting, domain-name services, content-delivery networks, security services, email services and comparable third-party providers.
Liability for interruptions, delays, access problems or service disruptions originating in such third-party systems is determined in accordance with applicable law.
13.4 Payment Service Providers
Payment transactions are processed by authorised third-party payment service providers.
Subject to mandatory law, the Business is not responsible for matters lying exclusively within those providers’ banking or payment-service operations, including their technical systems, verification decisions, authorisation processes or payment-network interruptions.
13.5 Internet and Communications Infrastructure
The Business is not directly responsible for interruptions, delays, transmission errors or access problems arising from internet service providers, mobile communications infrastructure, domain-name services, DNS services, content-delivery networks, email services, electronic communications infrastructure or comparable third-party systems.
The Business aims to make reasonable efforts to restore its services where affected.
13.6 Cloud Infrastructure and Technical Services
The Platform may use cloud computing, hosting, security infrastructure, software services, database services, backup systems and other technical services.
Delays caused by interruptions, performance degradation, maintenance or technical failures originating in third-party providers are assessed under applicable law.
13.7 Technical Maintenance and Updates
The Business may carry out planned maintenance, security updates, software updates and technical improvements to preserve security, performance and continuity.
Access to all or part of the Platform may temporarily be limited or suspended.
The Business will seek to give reasonable advance notice of planned maintenance where practicable, although urgent security updates and unforeseen technical events may make advance notice impossible.
13.8 Problems Caused by the User’s Technical Environment
Subject to mandatory law, the Business is not responsible for access, display, download or usage problems caused by the User’s device, operating system, internet connection, browser, security software, antivirus software, firewall settings, email services, storage capacity, hardware or other matters within the User’s control.
13.9 Third-Party Software and Integrations
Liability for technical problems, data loss or incompatibility caused by third-party software, applications, plugins, APIs, payment systems or other digital services used with or integrated into the Platform is determined in accordance with applicable law.
The Business does not guarantee uninterrupted or error-free operation of systems developed or operated outside its control.
13.10 Security Measures
The Business may apply technical and administrative measures necessary to protect the Platform and user accounts, including authentication, transaction verification, risk analysis, security review, temporary access restrictions and requests for additional verification.
Measures shall be proportionate to the circumstances.
13.11 Payment Disputes and Chargebacks
Where a cardholder, bank, payment service provider or competent financial institution initiates a chargeback, unauthorised-transaction notification, fraud investigation or similar dispute, the Business may, to the extent permitted by law, take protective measures concerning the relevant order, Digital Collectible Asset or user account.
These may include temporary suspension of Digital Delivery or access, initiation of a review and requests for additional verification.
Measures are temporary pending resolution and shall be proportionate.
13.12 Use of Unauthorised Payment Instruments
The Buyer agrees to use only payment instruments the Buyer is legally authorised to use.
Where objective and reasonable grounds indicate that an instrument may be stolen, unauthorised or unlawfully used, the Business may review the transaction, request additional verification, temporarily suspend Digital Delivery or cancel the order, subject to applicable law.
13.13 Identity and Security Verification
Where reasonably necessary for account or payment security, the Business may request identity, address, contact or other reasonable security verification.
If the Buyer, without justified reason, fails to provide required verification, Digital Delivery may be deferred or the order may be cancelled pending completion of the review, where legally permissible.
13.14 Suspicious Transactions
The Business may review transactions where unusual ordering behaviour, linked accounts, technical security warnings, payment-security risks, automated-system use, identity inconsistencies or other objective risk indicators are present.
Reasonable additional information or documents may be requested.
13.15 Malicious Use
Use of the Platform for fraud, false identity, unauthorised payment instruments, abusive multiple-account creation, attempts to circumvent security, automated bot abuse, exploitation of technical vulnerabilities, unlawful commercial activity or other unlawful purposes is prohibited.
The Business may take technical, administrative and legal measures available under applicable law.
13.16 Force Majeure
To the extent permitted by applicable law, the Business is not liable for failure or delay caused by events beyond its reasonable control.
Such events may include natural disasters, fire, flood, earthquake, epidemics, war, terrorism, civil unrest, strikes, lockouts, public-authority decisions, power outages, widespread internet or communications failures, cyberattacks, distributed denial-of-service attacks, software or hardware failures, data-centre outages and third-party service-provider interruptions.
The Business aims to take reasonable steps to mitigate the effects and restore services.
13.17 Acts of Third Parties
Subject to applicable law, the Business is not responsible for consequences arising exclusively from unlawful acts of third parties, unauthorised access, fraud, identity theft, decisions of payment institutions, banking practices or other matters within third parties’ control.
This does not exclude liability arising from the Business’s own fault where liability cannot lawfully be excluded.
13.18.1 Indirect Loss
Subject to mandatory law, the Business shall not be liable for loss of profit, loss of business, reputational loss, loss of data, loss of anticipated earnings or other indirect or consequential loss to the extent such exclusion is legally permitted.
13.18.2 Insurance and Liability
The existence of insurance maintained by the Business, now or in the future, does not of itself enlarge the Business’s contractual liability or create additional obligations.
13.19 Duty of Reasonable Care
The Business aims to apply reasonable technical, administrative and organisational measures for secure and stable operation of the Platform.
Because of the nature of internet services, uninterrupted, error-free, delay-free or absolutely secure operation cannot be guaranteed.
13.20 Assessment of Liability
When liability is assessed, the circumstances of the case, conduct of the Parties, applicable law, security measures taken, technical possibilities, effects of third-party systems and Force Majeure shall be considered.
This Section shall not be interpreted or applied contrary to mandatory law.
13.21 Request for Repeat Delivery
After Digital Delivery has been completed, the Buyer may not demand repeat delivery of the same Digital Collectible Asset unless expressly agreed in writing or required by mandatory law.
Section 14 — Account Suspension, Termination and Expiry
14.1 General Principle
For the purposes of Platform security, lawful operation and protection of other users, the Business may take the technical, administrative and legal measures described in this Section.
Measures shall be proportionate and applied in accordance with good faith.
14.2 Temporary Suspension
The Business may temporarily suspend a user account or relevant transactions where identity verification is required, payment-security risk exists, unauthorised access or fraud is suspected, unlawful use is suspected, objective indicators suggest a material breach of this Agreement, a competent authority requires action or a technical event threatens Platform security.
Where reasonably possible, the Business will seek to inform the user, except where security considerations or legal obligations prevent advance or immediate notice.
14.2.1 Account Restriction for Security Reasons
Where objective and reasonable indicators suggest that account security has been compromised, the Business may temporarily restrict particular account functions until the review is completed.
14.3 Request for Additional Information and Documents
For a proper review, the Business may request identity verification, payment verification or other reasonable information and documents.
If the user fails without justified reason to respond, relevant account or order functions may be temporarily restricted until the review is completed, where legally permissible.
14.4 Termination
The Business may terminate this Agreement in accordance with applicable law where the user seriously breaches the Agreement, uses the Platform for unlawful purposes, uses false identity or forged documents, uses another person’s payment instrument without authority, engages in fraud or comparable unlawful activity, or where continuation of the service is legally impossible.
Any termination decision shall take account of the nature and seriousness of the circumstances.
14.5 Closure by the User
Subject to applicable law and continuing legal obligations, the user may request closure of the account.
Account closure does not extinguish rights and obligations arising from contracts previously concluded.
14.6 Consequences of Termination
Termination or account closure does not automatically extinguish accrued rights and obligations, intellectual-property rights, payment obligations, dispute-resolution provisions, data-retention obligations or other rights and obligations that continue under applicable law.
14.7 Decisions of Competent Authorities
The Business may take measures concerning a user account or transaction as required by court orders, administrative decisions or applicable law.
14.8 Re-Registration
Re-creation of an account terminated for justified reasons or permanently closed by the Business may be subject to the Business’s written approval.
Where the Business objectively establishes that the same person has created new accounts using different information, it may take measures permitted by law.
14.9 Survival
Provisions that by their nature are intended to survive termination remain effective, including provisions on intellectual property, limitations of liability, electronic records, confidentiality, data protection, dispute resolution and applicable law.
Section 15 — Electronic Transactions and Electronic Evidence
15.1 General Principle
Membership, ordering, payment, electronic consent, Digital Delivery and other transactions through the Platform are carried out electronically.
To the extent permitted by applicable law, the Parties acknowledge that electronic transactions may have legal effect.
15.2 Electronic Conclusion
This Agreement is concluded electronically, in accordance with applicable law, when the Buyer gives the required electronic consents and the Business accepts the order.
15.3 Electronic Notifications
The Business may communicate through the registered email address, user account, Platform notifications and other lawful electronic communications.
The Buyer is responsible for keeping contact information current.
15.4 Retention of Electronic Records
The Business may retain order records, payment records, electronic consents, Digital Delivery records, access records, security records, system records and other electronic records in accordance with applicable law.
15.5 Electronic Evidence
Electronic records, logs, timestamps, electronic-consent records, delivery records and other technical records lawfully created by the Business may, to the extent permitted by law, be used to verify transactions and as evidence in legal disputes.
This does not restrict the competent court’s or authority’s power to assess evidence.
15.6 Accuracy of Contact Information
The Buyer represents that the email address and other contact information supplied are accurate and current.
The Buyer is responsible for consequences caused by failure to update changed information within a reasonable period, subject to mandatory law.
15.7 Notices That Are Not Formal Service
Unless applicable law provides otherwise, notifications made through the Platform or by email do not constitute formal service of legal process.
They are used for contractual communications between the Parties.
15.8 Reliability of Technical Records
The Business applies reasonable technical and administrative security measures to protect the accuracy and integrity of electronic records.
It cannot guarantee that all disruptions arising from communications infrastructure or third-party systems can be completely prevented.
15.9 Integrity of Electronic Records
The Business applies reasonable technical and organisational measures to protect the accuracy and integrity of electronic records.
Their legal and evidential value is determined under applicable law by the competent court or authority.
15.10 Storage and Deletion of Digital Files
The Business may apply technical data-management policies designed to preserve the uniqueness and security of Digital Collectible Assets and protect intellectual-property rights.
Unless expressly stated otherwise, after Digital Delivery is completed, the original high-resolution digital file supplied for delivery may be removed from the Business’s operational systems and delivery storage in accordance with security policies.
The Business may retain limited technical records only to the extent necessary for verification of the Digital Collectible Asset, management of ownership/rights records, operation of the Digital Certificate system, compliance with legal obligations, dispute resolution, information security and audit processes.
Such retained records may be limited to low-resolution preview images, unique identifiers, certificate records, transaction records, timestamps and comparable technical data.
Unless expressly undertaken otherwise, the Business does not guarantee indefinite storage or future re-supply of the delivered original high-resolution file.
After Digital Delivery, the Buyer is responsible for secure storage, backup and protection of the Original Digital File against unauthorised access. Deletion, loss, corruption, accidental deletion, device replacement or comparable loss of access does not create a repeat-delivery obligation for the Business except where mandatory law requires otherwise.
15.11 Assessment of Evidence
The Parties acknowledge that electronic records may be used as evidence to the extent permitted by applicable law.
Their legal value and probative weight are determined in each case by applicable law and the competent court or authority.
Section 16 — Dispute Resolution, Applicable Law and Competent Authorities
16.1 General Principle
The Parties aim to resolve disputes arising from the conclusion, performance, interpretation or termination of this Agreement, or related legal relationships, first through good-faith communication.
Before commencing court proceedings, the Parties should, where reasonable and without prejudice to statutory rights or limitation periods, seek a mutually acceptable solution.
16.2 Customer Support Process
The Buyer may first contact the Business’s customer-support function concerning a dispute.
The Business aims to review requests within a reasonable period and, where possible, provide a solution.
This does not limit rights arising under applicable law.
16.3 Alternative Dispute Resolution
Where provided for or applicable under current law, the Parties may use alternative dispute-resolution mechanisms.
The Business is obliged to participate in such mechanisms only to the extent required by applicable law or voluntarily agreed.
16.4 Applicable Law
This Agreement is governed by the laws of the Republic of Austria unless mandatory rules require otherwise.
For consumers, this choice of law shall not deprive the Buyer of the protection afforded by mandatory provisions of the law of the country in which the Buyer has the Buyer’s habitual residence where such protection applies under mandatory conflict-of-laws rules.
16.5 Competent Courts and Authorities
Jurisdiction and competence in disputes arising from this Agreement are determined by applicable law.
Mandatory jurisdictional and procedural rights of consumers remain unaffected.
In legal relationships between the Business and traders or persons acting for commercial purposes, a separate jurisdiction agreement may be concluded to the extent permitted by law.
16.6 Submission of Evidence
The Parties may rely on electronic records, correspondence, order records, payment records, delivery records and other legally admissible evidence obtained in accordance with applicable law.
The legal value and probative weight of each item are determined by applicable law and the competent court or authority.
The Parties agree to act in good faith during dispute resolution and reasonably share information and documents capable of assisting resolution, subject to legal rights, confidentiality and data-protection requirements.
16.7 Limitation and Preclusion Periods
Applicable limitation periods and any mandatory preclusion periods are determined by applicable law.
Nothing in this Agreement alters a mandatory statutory period.
16.8 Severability
If any provision is wholly or partly invalid, void or unenforceable, the remaining provisions remain effective to the extent permitted by law.
The consequences of invalidity shall be determined under applicable law. To the extent legally permissible, the Parties’ lawful legal and economic purpose should be preserved as closely as possible.
16.9 No Waiver
Failure or delay by the Business in exercising a right in a particular case does not constitute a permanent waiver of that right.
16.10 Final Provision
This Agreement is the principal contract governing the rights and obligations of the Parties concerning the sale and Digital Delivery of Digital Collectible Assets offered by DaDa Design.
It forms part of the DaDa Design Legal Framework and is to be read together with the other applicable agreements, policies and legal documents.
16.11 Storage and Deletion of Digital Files
The Business may apply technical data-management policies concerning storage, archiving, restriction of access to and secure deletion of digital files in order to protect the uniqueness, security and intellectual-property rights associated with Digital Collectible Assets.
After Digital Delivery, unless expressly undertaken otherwise, delivered original digital files may be removed from the Business’s operational systems in accordance with security policies.
The Business may retain, to the extent necessary and lawful, limited technical records, low-resolution previews or thumbnails, unique identifiers and electronic transaction records for ownership verification, operation of the Digital Certificate system, legal compliance, information security and dispute resolution.
Retention of such records does not mean that the Digital Collectible Asset will be re-delivered or reproduced or that the original high-resolution file will be retained indefinitely.
The user is responsible for securely storing and backing up the Digital Collectible Asset and protecting it against unauthorised access. Unless expressly undertaken in writing or required by mandatory law, the Business does not assume an obligation to store, archive or re-supply the original digital file on the user’s behalf.
Section 17 — Miscellaneous Provisions
17.1 Entire Agreement
This Agreement, together with the other agreements, policies and legal documents published within the DaDa Design Legal Framework and incorporated or referred to herein, shall be interpreted as an integrated whole.
In the event of inconsistency, the Master Foundation (Volume I), this Agreement and the relevant specific provisions shall be interpreted together in accordance with the document hierarchy and mandatory law.
17.2 Interpretation of Headings
Section and clause headings are used for convenience only and shall not be interpreted to expand or restrict the scope of a provision.
17.3 Electronic Versions
The Business treats the current version of this Agreement published electronically as the operative published version.
Each version may be recorded with a version number and effective date.
17.4 Updates to the Agreement
The Business may amend this Agreement in response to applicable law, technological developments, security requirements or changes to the business model.
Material changes shall be communicated before taking effect where required by law, through the Platform or another appropriate electronic communication method.
Changes shall be implemented in accordance with applicable procedural and substantive legal requirements and shall not retroactively impair acquired consumer rights contrary to mandatory law.
17.5 Language Versions
This Agreement may be published in different languages, including Turkish, German and English.
Where differences of meaning arise, the language version officially designated by the Business as authoritative in the country in which the Business is established may be used to the extent legally permissible.
This provision shall not remove or restrict rights granted to consumers under mandatory law.
17.6 Assignment of Rights and Obligations
The Buyer may not assign rights and obligations under this Agreement to third parties without the Business’s prior written consent, except where mandatory law provides otherwise.
The Business may transfer rights and obligations under this Agreement in connection with a merger, demerger, restructuring, transfer of the undertaking or relevant business line, or comparable corporate transaction, in accordance with applicable law.
17.7 No Waiver
Failure or delay by the Business in exercising a right under this Agreement does not constitute a waiver.
Each right may be exercised separately in accordance with applicable law.
17.8 Partial Invalidity
If a provision is wholly or partly invalid, void or unenforceable, the validity of the remaining provisions is unaffected to the extent permitted by law.
The legal consequences of invalidity shall be determined by applicable law, preserving the lawful purpose of the provision as closely as legally possible.
17.9 Reservation of Rights
The fact that a matter is not expressly regulated in this Agreement does not constitute a waiver by the Business of rights arising under applicable law, intellectual-property rights or other legal rules.
The Business reserves all rights available under applicable law.
17.10 Entry into Force
This Agreement enters into force in relation to the relevant transaction when the Buyer gives the required electronic consents and the order is accepted by the Business.
Provisions that by their nature are intended to survive the end of the relevant legal relationship remain effective after termination.