Digital collectibles Terms of Services.
DVERSO Terms of Services
Terms and Conditions for Dverso NFTs
GENERAL TERMS AND CONDITIONS OF SALE FOR THE SALE OF DVERSO’s DROIDS.
These general terms and conditions of sale (hereinafter, "General Conditions" or "GC") govern the sale of non-fungible tokens (better known as Non Fungible Token or "NFT") by Dverso studio s.r.l, with registered office at Ripa di Porta Ticinese 9, Milan -, VAT/tax code no.
12425550964 (hereinafter, the "Seller").
The customer who intends to purchase the NFT (hereinafter, the "Customer" or the "Buyer") is required to read and accept these General Conditions, which are provided at the time of purchase and available on the website accessible at the following URL: https://dverso.io/tos (hereinafter, the "Site").
The transactions will take place on a dedicated platform, as detailed below.
1.1. OBJECT OF THE GENERAL CONDITIONS
The General Conditions relate to the sale of NFTs related to works of art that can be consulted on the dverso.io platform (for example, figurative art works, performing arts works) (hereinafter, the "Works" or the "Work", if singular).
1.2.
In particular, an NFT is a unique, non-replicable, indivisible, and interchangeable cryptographic digital code that represents the authenticity and origin of a good.
Therefore, this technology allows for the transfer of ownership rights to a specific asset through the transfer of the NFT associated with that asset.
The transfer of an NFT from one party to another, even though it occurs digitally, is essentially irreversible and cannot be duplicated due to the reference blockchain used.
1.3.
The purchase of an NFT only grants the Buyer ownership of the set of digital information contained within the cryptographic digital code (the so-called "token") in which the artwork is enclosed, and ownership of a unique digital asset.
Therefore, the Customer may display the artwork associated with the NFT or sell, trade, or transfer the NFT, subject to the provisions set out in Article 1.5 below.
1.4.
The artwork contained within the NFT is a creative work protected under Italian law, specifically the Italian Copyright Law of April 22, 1941, n.
633, and subsequent amendments ("L.d.a.").
The artwork may continue to circulate on other websites or other NFTs, given that what the Customer purchases is the unique combination of the artwork contained within the NFT and the specific NFT.
1.5.
The purchase of an NFT does not imply in any way the transfer or licensing of moral and economic rights with respect to the artwork and/or related rights or any other intellectual property rights.
For example, the Customer may not reproduce, distribute, disseminate, translate, process, rent, loan, or exploit the artwork related to the NFT without the explicit consent of Dverso studio srl, worldwide and in the universe.
1.6.
NFTs are sold exclusively through the platform accessible at the following URL: https://dverso.io/mint (hereinafter, the "Platform") – which, in turn, may refer, if necessary, to third-party platforms – according to the methods and at the price described in the subsequent Article 2.
2.1. PRICE, PURCHASE METHOD, AND ALLOCATION OF NFT
The sale of the NFT will take place through the Platform, following the instructions made available to the Customer through the Site and/or the Platform.
2.2.
The transmission of the order made by the Customer in accordance with the previous Article 2.1 constitutes a purchase proposal of the NFT selected by the Buyer and entails the obligation of the latter to pay the price determined pursuant to the subsequent Article 2.3.
2.3.
The consideration for the purchase of the NFT is the one indicated on the Site and/or the Platform with reference to the specific NFT chosen by the Buyer.
2.4.
Payment for the consideration referred to in the previous article will be made in cryptocurrency [ETH] to the Seller's electronic wallet (so-called "Wallet") through the Platform.
2.5.
Once payment has been made and the transaction has been correctly completed, the Customer will receive the NFT purchased directly credited to the designated "wallet".
Following this action, the purchase order cannot be canceled or modified.
2.6.
The NFT will be allocated to the Customer on their Wallet, according to the details provided on the Platform.
By accepting these T&Cs, the Customer confirms that they have read and understood these details and possess the requirements for the purchase and allocation of the NFT indicated therein.
3.1. DECLARATIONS, OBLIGATIONS, AND LIABILITY LIMITATIONS
The Seller and the Customer undertake to comply with the sales conditions set out in these General Terms and Conditions.
3.2.
It is understood that the Customer undertakes to respect and follow the sales instructions set out in the previous Article 2.
3.3.
The Buyer acknowledges and agrees that they cannot economically use the artwork associated with the NFT, as established in the previous Article 1.5 (for example, reproducing, distributing, or renting, except for the right to sell or transfer the NFT associated with the artwork).
3.4.
The Seller declares and warrants:
a) to have, as the owner or licensee, the full availability of rights on the NFT;
b) The Seller will provide for the payment of the compensation on the sale price of the NFT, if due, pursuant to Article 144 of the Copyright Law.
3.5.
The Seller cannot be held responsible for any issues, including technical ones, related and/or connected to the Platform or to other platforms used for the sale and allocation process of the NFTs.
3.6.
Moreover, the Seller cannot be held responsible for events due to force majeure, which is an exceptional event that, beyond the Seller's will and outside of any possibility of control, makes it impossible to fulfill the performance or avoid potential damages.
By way of example but not exhaustive, events such as fires, floods, earthquakes, legislative acts, normative and restrictive interventions of governmental origin, generalized suspension of energy sources, riots, civil war, coups d'état, acts of terrorism, acts of international belligerence or war events, pandemics, interruption, for any reason, of the services of the Platform and/or other platforms used for the sale pursuant to the previous Article 1.6, constitute force majeure.
4.1. EXCLUSION OF THE RIGHT OF WITHDRAWAL
It is understood that the NFT cannot be returned by the Customer, as the transfer of an NFT from one subject to another is not duplicable or reversible, considering that such transfer occurs on a blockchain network.
4.2.
By accepting these General Conditions, the Customer expressly acknowledges and accepts that, once the Seller starts executing them, the right of withdrawal from the GC is excluded pursuant to Article 59, letter o) of Legislative Decree 206/2005 and subsequent amendments and integrations ("Consumer Code").
5.1. PROCESSING OF THE CUSTOMER'S PERSONAL DATA
The Customer's personal data collected during the NFT purchase process will be processed by the Seller in accordance with and for the purposes of EU Regulation 679/2016, as specified in the information on the processing of personal data provided by the Seller together with the GC.
6.1. LAW AND JURISDICTION
If the Customer qualifies as a consumer (i.e., a natural person who enters into the contract for purposes unrelated to any professional activity eventually carried out), the GC are entirely governed by the law of the Customer's habitual residence.
Otherwise, if the Customer qualifies as an art professional (such as auction houses and galleries), the Customer and the Seller agree that the applicable law for the General Conditions is the Italian law.
6.2.
With the exception of disputes with Customers who qualify as consumers, for whom the competent forum will be identified in the place of the consumer's domicile, for any dispute arising from the conclusion, execution, violation, or termination of the GC, the exclusive forum is the Court of Milan (MI).
7.1. CONTACTS AND ASSISTANCE
The Customer can contact Dverso studio srl at the following address:
e-mail: info@dverso.io;
7.2.
The Seller reserves the right to contact the Customer at the contact details provided by the latter, through the Platform during the NFT sale process.
7.3.
The Seller provides the Customer with technical support and assistance service during the use and allocation process of the NFT.
The service can be activated by writing to the following email address: info@dverso.io or by actively participating in all dverso channels, especially the Discord one.