Special conditions for the FISCHER-100-YEARS-NFT (Stand 02/2024) 1.
Scope and definitions 1.1. The Special conditions English version is for convenience. The only authentic and binding version is the German one “Fischer Sports Online-Shop Besondere Bedingungen NFT.pdf” 1.2. Fischer Sports GmbH (FN 295647 a; “FISCHER” or “we” or “us”) also uses its online shop https://www.fischersports.com to sell the FISCHER 100 YEARS NFT ( NFT stands for “Non Fungible Token”) and therefore as an NFT platform (“NFT platform”). 1.3. "Content" is defined as the (artwork) work or all content, files and materials represented by or contained in the purchased NFT and licensed under this Agreement. 1.4. "Digital Wallet" or "Wallet" is defined as a solution for receiving, storing, transferring, exchanging, or spending cryptocurrencies and/or NFTs. 1.5. "Solana" or "SOL" is defined as the cryptocurrency commonly referred to by this name, which is stored in the Solana blockchain and can be traded on it. 1.6. "Solana Blockchain" is defined as the Solana Main net (RPC URL: https://rpc.ankr.com/solana; Block Explorer: https://solscan.io/; Native cryptocurrency: SOL). 1.7. "NFT" is defined as a Non-Fungible Token registered on a blockchain network. In these Special Terms and Conditions, NFT refers only to FISCHER 100-YEARS NFTs (additional or different provisions of the GTC may apply to the associated content) sold by FISCHER via its NFT platform ("Primary Market"), unless otherwise stated herein. 1.8. "Primary Market" is defined as the first transaction of the NFT through the sale of FISCHER via the NFT Platform to a User. 1.9. "Third Party Marketplace" is defined as a service offered by a third party for the transfer, trade, sale, or purchase of NFTs on the Secondary Market. 1.10. “User" is defined as any consumer and/or entrepreneur within the meaning of Section 1 (1) of the Austrian Consumer Protection Act ("KSchG") who accesses the NFT Platform, purchases and/or owns an NFT. The user who is the addressee of the GTC or the special terms and conditions may also be referred to as "you". 1.11. "Secondary Market" refers to any subsequent transaction or transfer of an NFT, including the sale or gift between Users or a User and a third party following the initial transaction on the Primary Market. 1.12. These Special Terms and the GTC apply to: (i)the use of the NFT Platform by Users; and (ii)the purchase of NFTs on the NFT Platform by Users. 1.13. These Special Terms and Conditions and the GTC shall also apply to all future transactions with the User, unless expressly agreed otherwise. The applicability of conflicting, deviating, or supplementary terms and conditions of the User shall be excluded, even if FISCHER does not expressly object to such terms and conditions. 1.14. In the event of contradictions between the GTC and these special terms and conditions, the latter shall take precedence.
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Availability and authorization 2.1. The NFT platform is only available in the countries selectable during the online ordering process. 2.2. To purchase NFTs via the NFT platform, you must fulfil the following criteria cumulatively: 2.2.1. you must have a digital wallet that supports cNFTs on the Solana Blockchain. In this regard, FISCHER recommends the Phantom Wallet as a browser extension. 2.2.2. You must have successfully completed the registration process on the NFT platform (for details see here https://www.fischersports.com). 2.2.3. The transaction costs (i.e. gas fees) for sending the NFT from FISCHER to the user's wallet will be covered by FISCHER. Otherwise, for any further use of its wallet, e.g. to send the NFT, the number of SOLs in your wallet must be sufficient for the planned transaction. This also applies, for example, to transaction fees in the event of selling, giving away or returning the NFT to FISCHER in the event of
cancellation; and you must ensure that you have sufficient funds and resources to do so before initiating such transactions.
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Platform Operator Agreement for the Use of the NFT Platform 3.1. To be able to use the NFT platform to its full extent, the conclusion of a platform operator contract between the user and FISCHER ("platform operator") is required. The Platform Operator Agreement is formed by (a) registration on the NFT platform or (b) acceptance when purchasing one or more NFTs on the NFT platform. 3.2. The Platform Operator Agreement alone (i.e. without the purchase of an NFT) does not result in any obligation to purchase and/or pay by the User. 3.3. The content of the Platform Operator Agreement shall be determined by these special terms and conditions and the GTC in their current version at the time of conclusion of the respective Platform Operator Agreement. 3.4. The User is obliged (i) to provide complete and correct personal information when registering on the NFT Platform and (ii) to correct the information on the NFT Platform immediately in the event of corresponding changes, insofar as this information is absolutely necessary for the execution of the Platform Operator Agreement. This mandatory information is labelled as such when it is requested on the NFT platform.
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Transfer and Termination of the Platform Operator Agreement 4.1. A Platform Operator Agreement with a User may not be transferred by the User to a third party without the consent of the Platform Operator. 4.2. The User and the Platform Operator may terminate the Platform Operator Agreement at any time with immediate effect. In particular, the platform operator is entitled to exclude individual users from the NFT platform. The termination of the Platform Operator Agreement does not affect any individual purchase agreements for NFTs that have already been concluded between the User and the Platform Operator. 4.3. The termination of the Platform Operator Agreement can be made via the NFT Platform by entering a ticket under https://www.fischersports.com/at_de/WebToCase. 4.4. The right of both parties to terminate the Platform Operator Agreement for good cause with immediate effect remains unaffected by the provisions. In particular, the Platform Operator is entitled to terminate the Platform Operator Agreement for good cause with immediate effect if it is no longer able to operate the NFT Platform for regulatory reasons.
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Intellectual Property and Prohibited Acts All intellectual property rights (including any copyrights or trademarks) in the architecture, content, or elements of the NFT platform are owned by the platform operator or its third-party licensors. These specific terms and conditions and the GTC do not transfer any intellectual property rights to the User. Any total or partial reproduction, representation, modification, or use (except as permitted in these Special Terms and Conditions) of any element of the NFT Platform by the User for any reason whatsoever is not permitted. The User must comply with all applicable laws regarding the use of the NFT Platform and/or NFTs.
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Buying NFTs Subject to the conclusion of an individual purchase agreement with the Platform Operator, the User may purchase NFTs for a fixed remuneration according to the procedure described below. 6.1. Selection 6.1.1. In order to purchase NFTs in exchange for remuneration on the NFT platform, the User may select one or more NFTs that he/she wishes to purchase. 6.1.2. After selecting the NFTs, the user must go through the purchase process on the NFT platform, e.g. provide and confirm their payment details. 6.2. Remuneration 6.2.1. The remuneration for NFTs is to be paid by means of the payment methods and currencies selectable on the NFT platform. The remuneration includes all applicable taxes and the gas fees to be paid for sending the NFT to the user's wallet. All transactions from the platform operator's wallet to the user's wallet are carried out through smart contracts that exist on the Solana main net. 6.2.2. The Solana main net requires the payment of a gas fee for each transaction that takes
place on the Solana main net, and thus also for each transaction that is subsequently carried out on the User' s wallet. The respective remuneration for the NFT(s) specified on the NFT platform does not include these gas fees. The payment of the gas fees is the responsibility of the user, who must ensure that he has sufficient SOL funds in his digital wallet. 6.3. Receiving the NFT(s) 6.3.1 Each transfer of an NFT to the User will be registered on the Solana blockchain. 6.3.2 Upon completion of the purchase, the User will automatically receive the corresponding NFT(s) from the Platform Operator's wallet into their digital wallet. Depending on the current transaction volume within the Solana blockchain, it may take a certain amount of time for the NFT to be visible on the user's wallet. 6.4. Rights in the event of defects of an NFT If an NFT purchased on the NFT platform is defective, the legal provisions on the user's rights in the event of defects apply. 6.5. Digital Wallet 6.5.1 The User must have a Digital Wallet compatible with the Solana blockchain in order to receive and store his/her NFT(s) from the Platform Operator after purchase. In this regard, the platform operator recommends the Phantom Wallet as a browser extension. 6.5.2 Digital Wallets are provided by third parties and not by the Platform Operator. These specific terms and conditions and the GTC do not apply to the use of the Digital Wallet by the User. Rather their use is subject to the terms and conditions of the respective third-party provider of the digital wallet. The User must ensure that he/she has read and understood these Terms and Conditions before creating his/her Digital Wallet and that he/she maintains the security of his/her Digital Wallet. 6.5.3 The Platform Operator is not in possession of private keys ("private keys") for the User's Digital Wallet. 6.5.4 The public address of the User's Digital Wallet will be made publicly visible at each transaction made by the User. 6.5.5 The respective third-party provider of the Digital Wallet may charge the User a fee for the service provided by him. 6.5.6 It is the responsibility of each User to (i) ensure the compatibility of the Digital Wallet with the Platform Operator's Wallet before purchasing an NFT, and (ii) that the Digital Wallet is operated and stored under appropriate security conditions. Failure to do so may result in the loss or theft of NFTs or other crypto assets (e.g. SOL) on the digital wallet. Any action taken due to a compromise of the User's Digital Wallet is the responsibility of the User. 6.6. Entitlement to the FISCHER 100 YEARS SKI included in the NFT purchase 6.6.1. Together with the purchase of an NFT, the user receives the right to get the FISCHER 100 YEARS SKI (including the FISCHER binding). 6.6.2. The user does not have to pay any additional remuneration to the platform operator for obtaining the FISCHER-100-YEARS-SKI. 6.6.3. Each right to obtain the FISCHER-100-YEARS-SKI can only be used/claimed by the user once per NFT that the user has purchased. 6.6.4. This FISCHER 100 YEARS SKI will be sent to the user by around the end of October 2024, to the address provided by the user when purchasing the NFT. 7.
Holders of the NFTs 7.1. The Holder is the one who acquires the NFTs in accordance with these Special Terms and Conditions and the GTC. This ownership is ensured and verified by a specific protocol (smart contract) on the Solana main net. The Platform Operator does not make any guarantees, promises, or promises with respect to Smart Contracts. The platform operator has no control over the user's ownership of the NFT and cannot change it. 7.2. Notwithstanding anything to the contrary in these Special Terms and Conditions and the GTC, the User has the right to freely dispose of the NFTs in his possession (sale, donation, transfer, destruction, etc.) exclusively for non-commercial purposes, in particular throughthirdparty marketplaces. 7.3. Subject to compliance with these Special Terms and Conditions and the GTC, the User is entitled to use, reproduce and exhibit the content associated with the NFTs of which he/she is the rightful owner on a non-exclusive, fully paid basis exclusively for personal and non-commercial purposes. In the case of commercial use, other conditions apply in order to adequately protect the interests of the platform operator. 7.4. Unless expressly provided otherwise, the purchase or use of an NFT (including related content) does not involve the transfer, licensing, and assignment of any right, title, or interest in and to the visual representations, designs, text, graphics, images, content, code, data, software, or other elements of the NFT, or of the associated content represented by or contained in the NFT.
7.5. Under no circumstances may the User perform any of the following actions with the NFTs and related content without the prior consent of the Platform Operator, regardless of whether the User is the owner of the same or not: (a) use the NFT and the related content represented by or contained in the NFT, in whole or in part, for any purpose other than its intended purpose, including, but not limited to commercial purposes, advertising or promotion of a third-party product or service; (b) modify, adapt, or otherwise use, in whole or in part, the Content associated with the NFT, or any other content, files, and materials represented by or contained in the NFT; (c) reproduce, reverse engineer, transmit or distribute to any third party the NFT and/or related content represented by or contained in the NFT; unless expressly permitted to do so (i) by mandatory law or (ii) by these Special Terms and Conditions and the GTC. 8.
Secondary Market Transactions 8.1. Users will not be able to resell NFTs on the NFT platform. You have the option to offer the NFTs for sale on a third-party marketplace, subject to the limits set for each NFT in the corresponding smart contract. 8.2. In the case of a secondary market transaction, the rights associated with the NFT that the User has received are generally transferred to the respective new owner of that NFT. In contrast, however, the right to purchase the FISCHER 100 YEARS SKI always remains with the first user and is not transferred to the new owner of the NFT. This clause 8.2 shall also apply to any subsequent Secondary Market Transaction. 8.3. The Platform Operator is not involved in secondary market transactions on third-party marketplaces and cannot be held responsible for any sales, purchases, or transfers made outside of the NFT platform. 8.4. It is the responsibility of Users to check what rights are associated with an NFT purchased on or obtained through a third-party marketplace. 8.5. Users are responsible for paying all taxes that may be incurred because of the use and resale of the NFT. 8.6. Secondary Market Transactions on Third-Party Marketplaces are subject to a commission in favor of the Platform Operator. Specifically, if the NFT is sold via third-party marketplaces, a commission (so-called creators fee) of 5% is withheld and paid to the platform operator. By purchasing an NFT on the NFT platform, the user accepts the existence of this commission. 8.7. In the context of Secondary Market Transactions on Third-Party Marketplaces, the User undertakes to make every effort to inform the Purchaser of the possible Commission, as well as of the provisions of these Special Terms and Conditions and the GTC , and to impose on the Purchaser the obligation to (i) pay such commission in favor of the Platform Operator and (ii) in the case of further purchases and to pass on these obligations to subsequent purchasers .
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Safety 9.1. The Platform Operator shall use commercially reasonable efforts to ensure the security of the NFT Platform. However, the Platform Operator cannot guarantee that the NFT platform and/or NFTs are free of viruses and/or other computer code that may contain contaminating or destructive features. 9.2. It is the User's responsibility to take appropriate computer security measures (including antivirus and other security controls) to meet their particular information security and reliability requirements.
10. Risks associated with NFTs for the user 10.1. Non-Fungible Tokens are highly volatile assets. Their value depends on many factors. Their value is not guaranteed and can also be zero. By purchasing NFTs, the user exposes themselves to the risk of partial or total loss of the consideration paid for the respective NFTs. 10.2. In addition, the resale or transfer of NFTs, especially through third-party marketplaces, is not guaranteed. Such resales or transfers may be subject to transaction fees (including gas fees), which vary in amount. This amount can be significant, restricting or preventing the resale or transfer of NFTs. 10.3. All transactions with Non-Fungible Tokens (such as the NFTs) are processed through the blockchain, which is an emerging technology that can come with risks - such as those not exhaustively described below: (a) Any malfunction, vulnerability, unintended function, or unexpected functioning of the blockchain network may cause the User's NFTs to malfunction or work unexpectedly or in an unintended manner.
(b) The blockchain network may have vulnerabilities that make it a potential target for cybersecurity threats. (c) The loss or theft of the means of access, particularly the private key to the User's Digital Wallet, or the misuse of the Digital Wallet may result in the loss of access to the User's NFTs and all related functions. (d) Errors or vulnerabilities in the NFTs, the associated smart contracts or in their operation may result in the loss of access to the User's NFTs and related functions. Any of the above may cause the NFTs to become worthless or may temporarily or permanently prevent the user from reselling or transferring them, or from using one or more related features. 10.4. These risks are borne by the users. The Platform Operator shall not be liable for these risks and any loss in value of the User's NFT and/or related features. 10.5. Users are solely responsible for the safe storage of their private keys to the Digital Wallet. The Platform Operator shall not be liable for any damages related to (i) the User's Digital Wallet and its use, or (ii) any resale of NFTs on a third-party marketplace. 10.6. The regulatory arrangements in the areas of Non-Fungible Tokens, Crypto Assets, Cryptocurrencies and Blockchain-based services may be subject to rapid legal and regulatory changes that could affect your use of the NFTs. 10.7. The Platform Operator shall not be liable for any consequences arising from legal and regulatory developments for the use of these new technologies. 11. Use of data 11.1. Using the NFT platform, certain data, including personal data, may be collected in order to provide the relevant services, as well as the sale of NFTs, as well as the satisfaction of related claims, etc. 11.2. The Platform Operator may use this data for (i) managing and improving the quality, security, and protection of the NFT Platform and (ii) for other commercial purposes. The Platform Operator may combine this information with other personal data it holds about the User, for example, to assess the User's eligibility to use the NFT Platform. 11.3. The use of this data is in accordance with applicable data protection laws. To the extent required by law, the Platform Operator will obtain the appropriate consents. For more information, see the Data Protection and Privacy Information under https://www.fischersports.com/at_de/privacy-policy. 12. Right of withdrawal for consumers If the user is a consumer within the meaning of § 1 para 1 KSchG, he or she is entitled to a right of withdrawal of 14 days in the event of conclusion of the contract (see point 12 of the GTC above), whereby the following special features apply with regard to NFTs (including content): (a) If you withdraw from this Agreement, we shall refund to you all payments received by us from you without undue delay and at the latest within 14 days from the day on which we received notice of your withdrawal from this Agreement. For this repayment, we will use the same means of payment that you used for the original transaction, unless otherwise expressly agreed with you; under no circumstances will you be charged any fees as a result of this repayment. However, we will withhold the refund until we have received the NFT back or until you have provided proof that you have returned the NFT, whichever is earlier. (b) You must return the NFT to us without undue delay and in any event no later than 14 days from the day on which you notify us of the revocation of this Agreement to the following wallet address: 2yMTyTSTDeuE34mszG8ZeHzFm2pb3N6n2ivhg7y5yHcE. The deadline is met if you submit the NFT before the fourteen-day deadline. (c) You are responsible for the direct costs of returning the NFT. In this context, you are hereby reminded that for any use of your wallet - e.g. to send the NFT - the number of SOLs in your wallet must be sufficient for the planned transaction. This also applies to transaction fees in the event of the NFT being returned to us in the event of withdrawal; and you must ensure that you have sufficient funds and resources to do so before initiating such transactions. (d) If you withdraw from this contract, your right to receive the FISCHER-100-YEARS-SKIfree of charge will automatically expire.