• kontakt@nfc21.de

§ 1 Preliminary remarks

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

§ 2 General information

  1. The services provided by NFC21 relate to the creation and management of NFC tags (known as NFC URL tags) from NFC21 GmbH. At nfc-tag-shop.de, all NFC products that are not already pre-coded can be delivered as NFC URL tags for an additional charge. Furthermore, NFC21 can provide technical applications that facilitate the management of NFC-Url tags.
  2. NFC21 has the right to technically edit, prepare and adapt content from users 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 type and scope of the contractual services are based on the services offered in connection with the purchase of a NFC-Url tag. Details of the services can be found on nfc-url.de.

§ 4 Registration and activation (conclusion of contract)

  1. Use of the NFC-Url website requires the purchase and activation of a NFC-Url tag and registration as a user. The activation and the data requested in this context must be provided truthfully in order to be able to use the services offered.
  2. Registration is free of charge. It is carried out by opening a user account and agreeing to these terms and conditions. Upon registration, a contract between NFC21 and the user regarding the use of the NFC-Url website (hereinafter referred to as the "user agreement") is concluded. The prices of the respective Tap21 tags can be found at the respective source offering the NFC-Url tags. There is no entitlement to the conclusion of a user agreement.
  3. Registered users can upgrade to a paid account internally at any time, provided that such accounts are offered. Any additional data requested must be provided completely and correctly, e.g. first and last name, current address (no PO box) and telephone number (no premium rate number), a valid email address and, if applicable, the full company name and an authorised representative. The paid upgrade for a legal entity may only be carried out by a natural person authorised to represent the entity, who must be named. When registering, only individuals may be specified as owners of the user account (i.e. no married couples or families).
  4. The user will receive an email confirming their registration and containing a link to activate their user account.
  5. If the information provided changes after registration, the user is obliged to correct the information in their user account immediately.
  6. When registering, users choose a username consisting of their email address and a password.
  7. Users must keep their password secret, comply with recognised data security principles 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.
  8. NFC21 will not disclose a user's password to third parties and will never ask a user for their password by email or telephone.
  9. Users are generally liable for all activities 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 existing duties of care, the user shall not be liable.
  10. 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 provisions set out here, or if NFC21 has any other legitimate interest.
  2. NFC21 may
    • deactivate or delete stored content;
    • restrict use of the NFC-Url website;
    • temporarily or 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-Url website or register again.
  4. Users may terminate this user agreement in accordance with the notice periods specified in the respective fee model. Written notification to the contractual partner is sufficient for the declaration of termination.

§ 6 Liability/Indemnification of NFC21

  1. NFC21 shall be liable to the customer without limitation for all damages caused by it, its legal representatives or vicarious agents in cases of intent or gross negligence.
  2. In cases of slight negligence, NFC21 shall be liable without limitation in the event of injury to life, limb or health.
  3. Otherwise, NFC21 shall only be liable if it has breached a material contractual obligation (cardinal obligation). In such cases, liability shall be limited to compensation for foreseeable, typically occurring damage. For individual cases of damage, liability shall be limited to the purchase price paid for a NFC-Url tag.
  4. The same applies to breaches of duty by NFC21's vicarious agents as in sections 1-3.
  5. NFC21 does not guarantee any specific success or the achievement of a specific purpose with regard to content, in particular with regard to the services offered.
  6. NFC21 endeavours to achieve the highest possible readability of NFC-Url tags and processing by standard end devices such as smartphones and similar end devices for NFC-Url tags. Nevertheless, it may happen that NFC-Url tags cannot be correctly interpreted and processed by an end device. NFC21 accepts no liability in the event that NFC-Url tags cannot be read and processed by end devices or that the reading and processing of NFC-Url tags causes damage to the end device.
  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.
  8. If a user has authorised the reading of data stored on a NFC-Url tag or if, for technical reasons, this data is already authorised for reading, NFC21 accepts no liability for any misuse of the data by third parties.
  9. The person entitled to receive a lost item owes the finder compensation for his expenses and a finder's fee in accordance with § 965 ff. BGB (German Civil Code).

§ 7 Contract term and termination

  1. Unless otherwise agreed in the contract, contracts are concluded for an indefinite period.
  2. The user is entitled to delete their account at any time. There shall be no entitlement to a refund in the event of premature deletion by the user or due to blocking or deletion by NFC21.
  3. The right to terminate for good cause without notice remains unaffected by this.

§ 8 Protection of personal data

NFC21 is entitled to collect, process, use and transfer to third parties personal data of the user that it receives from the customer in the course of contract execution or otherwise obtains, insofar as this is necessary for the establishment of the contractual relationship, its execution, the proper provision of services and billing, and is permissible under statutory provisions.

§ 9 Declarations in text form, address

  1. All declarations transmitted within the framework of the usage agreement to be concluded with NFC21 must be made in writing.
  2. The postal address and email address of the user are those provided by the user during registration or subsequently updated.

§ 10 Final provisions

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