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Terms and Conditions

General Terms and Conditions / Contract of Use

§ 1 Preliminary remarks

The following provisions govern the relationship between the visitor and user (hereinafter referred to as "User") of NFC-vCard.de and the provider of NFC-vCard.de, NFC21 GmbH (hereinafter referred to as "NFC21"). Further information about NFC21 can be found under the menu item "Imprint".

§ 2 General

  1. the services of NFC21 relate to the possibility of creating and managing digital business cards using NFC products, among other things.
  2. NFC21 has the right to technically edit, prepare and adapt user content in such a way that it can also be displayed on mobile devices or third-party software applications.

§ 3 Subject matter of the contract

The nature and scope of the contractual services shall be determined by the respective services offered in connection with the purchase of an NFC vCard account at www.nfc-tag-shop.de.

§ 4 Registration and activation (conclusion of contract)

  1. the use of the NFC vCard website requires the purchase and activation of an NFC vCard account and registration as a user. Activation and the data requested in this context must be provided truthfully in order to make use of the services offered.
  2. users are advised to provide an imprint that complies with the legal requirements. For this purpose, you can set a link to an existing imprint.
  3. registration is free of charge, but the service can only be used in conjunction with the purchase of an NFC vCard account. Registration takes place by opening a user account and agreeing to these regulations. Upon registration, a contract is concluded between NFC21 and the user for the use of the NFC vCard website (hereinafter: "user contract"). The prices of the NFC VCard account can be obtained from the respective source of supply offering the NFC VCard accounts. There is no entitlement to the conclusion of a contract of use.
  4. When registering, users choose a user name consisting of the e-mail address and a password.
  5. the user receives an e-mail confirming the registration and containing a link to activate their user account.
  6. users must keep their password secret, comply with the recognized principles of data security and carefully secure access to their user account. Users are obliged to inform NFC21 immediately if there are indications that a user account has been misused by third parties.
  7. NFC21 will not disclose a user's password to third parties and will never ask a user for their password by email or telephone.
  8. users are generally liable for all activities that are carried out using their user account. If the user is not responsible for the misuse of their user account because there has been no breach of the existing duty of care, the user shall not be liable.
  9. a user account is non-transferable and may not be made available to third parties.

§ 5 Sanctions, blocking and termination

  1. nFC21 may take certain measures if there are concrete indications that a user is violating legal regulations, the rights of third parties or the regulations mentioned here or if NFC21 has any other legitimate interest.
  2. nFC21 can
    • deactivate or delete stored content;
    • restrict the use of the NFC vCard website;
    • temporarily and permanently block users.

When choosing a measure, NFC21 takes into account the legitimate interests of the user concerned, in particular whether there are indications that the user is not responsible for the violation. 3. Once a user has been blocked, that user may no longer use the NFC vCard website and may not log in again. 4. users may terminate this contract of use at any time. A written notification to the contractual partner shall suffice for the termination declaration.

§ 6 Liability/ Indemnification of NFC21:

  1. in the event of intent or gross negligence, NFC21 shall be liable to the customer without limitation for all damages caused by it and its legal representatives or vicarious agents.
  2. in the event of slight negligence, NFC21 shall be liable without limitation in the event of injury to life, limb or health.
  3. otherwise, NFC21 is only liable if it has breached a material contractual obligation (cardinal obligation). In these cases, liability is limited to compensation for foreseeable, typically occurring damages. For an individual case of damage, liability is limited to the purchase price paid for an NFC VCard product.
  4. The same as under points 1 to 3 applies to breaches of duty by NFC21's vicarious agents.
  5. NFC21 does not guarantee a certain success or the achievement of a certain purpose with regard to content, in particular with regard to the services offered.
  6. NFC21 endeavors to realize the highest possible readability of the NFC vCard products by the usual end devices such as smartphones and similar end devices for NFC vCard products from NFC21. Nevertheless, it is possible that NFC21's NFC vCard products cannot be correctly interpreted and processed by a device. NFC21 accepts no liability in this case or in the event that a defective change to the end device occurs during the reading and processing of NFC vCard products. 7 NFC21 guarantees 98% availability of Internet services and software applications over the entire year. This guarantee does not include display errors, temporary system failures or maintenance work, official measures, failure of communication networks and gateways of other operators.
  7. if a user has released his stored data of an NFC vCard product from NFC21 Tags for reading out this information or if this information has already been released for reading out for technical reasons, NFC21 assumes no liability for any misuse of the data by third parties.

§ 7 Contract Duration and Termination

  1. Unless otherwise agreed upon contractually, contracts are concluded for an indefinite period.
  2. The user is entitled to delete their account at any time. Any refund claims do not exist in the event of premature deletion by the user nor due to blocking or deletion by NFC21.
  3. The right to termination for good cause, without adherence to a notice period, remains unaffected and applies to both the user and NFC21.

§ 8 Protection of Personal Data

NFC21 is entitled to collect, process, use, and transmit to third parties the user's personal data, which it receives from the customer in the course of contract execution or otherwise, insofar as this is necessary for establishing the contractual relationship, its execution, the proper provision of services, as well as billing, and is permitted under legal provisions.

§ 9 Declarations in Text Form, Address

All declarations made within the framework of the user contract to be concluded with NFC21 must be in text form. The postal address and email address of the user are those provided by the user at the time of registration or updated thereafter.

§ 10 Alternative Dispute Resolution

The EU Commission provides a platform for online dispute resolution on the Internet at the following link: http://ec.europa.eu/consumers/odr This platform serves as a point of contact for the out-of-court resolution of disputes arising from online purchase or service contracts involving a consumer. The seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.

§ 11 Final Provisions

German law applies, to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The place of jurisdiction is the registered office of NFC21, provided the customer is a merchant. The customer may only transfer the rights and obligations from this contract to third parties with the prior written consent of NFC21.