Introduction: These terms and conditions (the “Terms”) govern the sale of non-fungible tokens (“NFTs”) by Mizuki (the “Company”) to you, the buyer. By purchasing an NFT, you agree to be bound by these Terms. If you do not agree to these Terms, you should not purchase an NFT.
- NFTs: The NFTs are unique digital assets that are being sold by the Company for the purpose of raising capital for the production and launch of the Company’s new clothing collection. The NFTs do not grant the buyer any ownership or governance rights in the Company or its assets. The NFTs are being sold as collectible items and should not be viewed as financial instruments or investments.
- Purchase and payment: The NFTs are sold on a first-come, first-served basis. The buyer must complete the purchase process and pay the full purchase price in order to secure an NFT. All sales of NFTs are final and non-refundable. The Company reserves the right to cancel or reject any order for any reason, in its sole discretion.
- Delivery: The NFTs will be delivered to the buyer’s Cardano wallet or other designated address upon completion of the purchase process. The buyer is responsible for ensuring that the wallet or address is compatible with the NFTs and that the Company has the correct wallet or address on file. The Company is not responsible for any losses or damages resulting from the buyer’s failure to provide the correct wallet or address.
- Risks: The buyer understands and accepts the risks associated with purchasing and holding NFTs, including but not limited to the risk of loss due to fluctuations in the value of the NFTs and the risk of loss due to technical malfunctions or hacking. The Company is not responsible for any such losses.
- Disclaimer of warranties: The Company makes no warranties, express or implied, with respect to the NFTs or the Company’s business or operations. The NFTs are being sold “as is” and the Company makes no representations or warranties of any kind, including but not limited to the accuracy, completeness, reliability, suitability, or availability of the NFTs or the Company’s business or operations.
- Limitation of liability: The Company’s liability to the buyer for any loss or damage arising from or in connection with the purchase or use of the NFTs or the Company’s business or operations shall be limited to the amount of the purchase price paid by the buyer. The Company shall not be liable for any indirect, incidental, consequential, or punitive damages arising from or in connection with the purchase or use of the NFTs or the Company’s business or operations.
- Indemnification: The buyer agrees to indemnify and hold the Company and its affiliates, officers, directors, and employees harmless from any claims, damages, or expenses arising from or in connection with the buyer’s purchase or use of the NFTs or the Company’s business or operations.
- Governing law: These Terms shall be governed by and construed in accordance with the laws of Paris, France, without giving effect to any principles of conflict of laws.
- Dispute resolution: Any dispute arising from or in connection with these Terms shall be resolved through arbitration in accordance with the rules of the Court of Paris, France. The arbitration shall take place in Paris, France.
- Miscellaneous: These Terms constitute the entire agreement between Mizuki and the buyer with respect to the purchase and use of the NFTs and supersede all prior or contemporaneous communications and proposals, whether oral or written. These Terms may not be amended or modified except in writing signed by Mizuki. If any provision of these Terms is found to be invalid or unenforceable, that provision shall be enforced to the maximum extent possible, and the remaining provisions shall remain in full force and effect.