General Terms and Conditions

Lucky Charm Egghead NFTs and
Lucky Charm Egghead NFT Packages with Fine-Art Print

These General Terms and Conditions govern the use of Lucky-Charm-Eggheads.com, the direct minting of Lucky Charm Egghead NFTs, and the purchase of Lucky Charm Egghead NFT packages through the online shop.

A Lucky Charm Egghead NFT package purchased through the online shop includes:

the next available Lucky Charm Egghead NFT in the predetermined sequence
one physical Fine-Art Print depicting the corresponding Lucky Charm Egghead NFT

The purchaser cannot select a particular character, token number, visual combination, attribute, or position within the sequence.

Independent artworks and Fine-Art Editions created within Eggheads.World, including Single Edition and Limited Edition Fine-Art Prints, are offered and regulated separately on Eggheads.World.

1. Provider

The provider and contractual partner is:

Ugauga GmbH
Zurich, Switzerland
Email: info@ugauga.ch

Ugauga GmbH develops the Lucky Charm Eggheads and Eggheads.World projects through the Ugauga artist collective.

Ugauga® is a registered trademark in Switzerland.
Ugauga GmbH is part of the H+M MEDIA Group.

2. Scope

These General Terms and Conditions apply to:

the use of Lucky-Charm-Eggheads.com
the direct minting of Lucky Charm Egghead NFTs
the purchase of Lucky Charm Egghead NFT packages through the online shop
the minting or transfer of NFTs purchased through the online shop
the production and delivery of the Fine-Art Print included with a shop purchase
related payments, wallet connections, deliveries, and blockchain transactions
additional offers that expressly refer to these Terms and Conditions

These Terms and Conditions do not govern independent artworks or Fine-Art Editions offered through Eggheads.World.

By submitting an order or confirming a minting transaction, the purchaser accepts the version of these Terms and Conditions applicable at that time.

Mandatory consumer rights remain unaffected.

3. The Collection

The project is based on a complete collection of 10,000 individual digital characters created through visual elements, PixelDNA, algorithmic variation, chance, and artistic interpretation.

All 10,000 digital characters already exist within the collection.

A character becomes a Lucky Charm Egghead when it is minted on the Ethereum Mainnet. The minting transaction gives the character a documented place on the blockchain and brings it into the continuing artistic universe of Eggheads.World.

The characters are minted in a predetermined sequence. The next available character in this sequence is assigned to each successful minting or qualifying shop purchase.

The purchaser cannot choose, reserve, exchange, or request a particular character, token number, visual combination, attribute, or position within the sequence.

The number of minted Lucky Charm Eggheads, their availability, and the displayed project statistics may change continuously.

4. Ways to Acquire a Lucky Charm Egghead

4.1 Direct Minting

The next available digital character in the predetermined sequence may be minted through the supported blockchain function.

The purchaser pays:

the displayed minting price
the applicable Ethereum network fees

The minting process assigns the next available character in the sequence. The identity and visual appearance of the character cannot be selected by the purchaser.

A physical print is included only where this is expressly stated in the respective offer.

4.2 Purchase Through the Online Shop

The next available and not yet minted character in the predetermined sequence may be acquired through the online shop.

The shop purchase includes:

the next available Lucky Charm Egghead NFT in the predetermined sequence
one physical Fine-Art Print depicting the corresponding Lucky Charm Egghead NFT

The character is assigned according to the same predetermined sequence used for the collection. The purchaser cannot select a particular character, token number, appearance, attribute, or rarity.

The NFT is minted or transferred to the Ethereum wallet provided or connected by the purchaser.

The included Fine-Art Print is a physical representation of the purchased NFT. It is neither an Eggheads.World Single Edition Fine-Art Print nor an Eggheads.World Limited Edition Fine-Art Print.

Part I: Lucky Charm Egghead NFTs

5. Definition of a Lucky Charm Egghead NFT

A Lucky Charm Egghead NFT is a blockchain-based token associated with a specific character from the collection.

The NFT is registered through a smart contract on the Ethereum Mainnet and identified through its token identifier and publicly accessible blockchain record.

The NFT documents the blockchain-based connection between the token and the associated character.

The NFT does not constitute a company participation, share, bond, deposit, collective investment, or ownership interest in Ugauga GmbH.

6. Direct Minting

A character becomes a Lucky Charm Egghead when the minting transaction has been successfully confirmed on the Ethereum Mainnet.

The minting process assigns the next available character in the predetermined sequence.

The purchaser cannot select:

a particular character
a token number
a visual combination
an attribute
a rarity
a position within the sequence

Direct minting generally requires:

a compatible Ethereum wallet
MetaMask or another supported wallet
sufficient ETH for the displayed minting price
sufficient ETH for the applicable Ethereum network fees
confirmation of the transaction within the wallet
successful execution of the smart-contract transaction

The purchaser is responsible for verifying the wallet address, Ethereum network, transaction details, minting price, and estimated network fee before confirming the transaction.

7. Shop Purchase and NFT Assignment

When a Lucky Charm Egghead NFT package is purchased through the online shop, the next available character in the predetermined sequence is assigned to the order.

The assignment is based on the sequence at the time the order is accepted and processed.

The purchaser cannot request or reserve another character before or after the assignment.

A character may be assigned to another transaction where:

an earlier minting transaction is confirmed first
an earlier shop order is accepted first
the purchaser’s payment is delayed or rejected
the order cannot be completed
a technical or legal review is required

The definitive character is the character connected to the successfully minted or transferred NFT.

8. NFT Transfer for Shop Purchases

The purchaser must provide or connect a compatible Ethereum wallet to receive the NFT included with a shop purchase.

The purchaser is responsible for verifying the receiving wallet address.

The successful transfer of the NFT to the wallet address supplied or confirmed by the purchaser fulfils the NFT-transfer obligation of Ugauga GmbH.

Ugauga GmbH is not responsible for a transfer to an incorrect, inaccessible, incompatible, or third-party wallet address supplied or confirmed by the purchaser.

The NFT may be minted or transferred:

after full and final payment
after any applicable withdrawal or cancellation period
after delivery or acceptance of the physical Fine-Art Print
at another time communicated during the purchase process

Ugauga GmbH may postpone the NFT transfer while a payment dispute, chargeback, refund request, fraud review, legal review, security issue, or technical problem remains unresolved.

9. MetaMask and Wallet Security

MetaMask is an independent external wallet service and is not operated or controlled by Ugauga GmbH.

The purchaser is responsible for:

installing and configuring the wallet correctly
selecting the correct Ethereum network
protecting the wallet password
protecting the private key
protecting the Secret Recovery Phrase or seed phrase
maintaining access to the receiving wallet
verifying all transaction details
using secure and compatible devices and software

Ugauga GmbH never requests or stores private keys, wallet passwords, seed phrases, or Secret Recovery Phrases.

This information must never be sent to Ugauga GmbH or entered into a form on Lucky-Charm-Eggheads.com.

Ugauga GmbH cannot restore access to an external wallet or recover an NFT where access credentials, private keys, recovery phrases, or access to the receiving address have been lost.

10. Ethereum Network and Smart Contracts

Minting and NFT transfers take place through the Ethereum Mainnet and its participating network infrastructure.

The purchaser acknowledges the technical characteristics and risks of blockchain transactions, including:

publicly visible wallet and transaction information
variable network fees
network congestion
processing delays
technical interruptions
wallet or interface failures
smart-contract risks
changes to blockchain infrastructure
the general irreversibility of confirmed transactions

A transaction confirmed on the Ethereum Mainnet cannot normally be reversed, modified, or deleted by Ugauga GmbH.

A failed or rejected transaction does not result in the minting or transfer of a Lucky Charm Egghead NFT.

Ethereum network fees are determined by the network and cannot be refunded by Ugauga GmbH, including where a transaction fails, is rejected, is delayed, or is cancelled within the wallet.

11. Minting Availability and Sequence

Minting may be temporarily suspended, restricted, changed, or discontinued for technical, artistic, legal, security, or operational reasons.

Ugauga GmbH may introduce:

minting limits
wallet limits
temporary pauses
allowlists
reservation periods
promotional conditions
modified minting prices
technical updates

The conditions displayed for the respective minting phase apply.

Lucky Charm Eggheads are assigned according to the predetermined sequence of the collection.

The sequence is determined by the project and cannot be changed by the purchaser.

There is no entitlement to:

select a character
skip a character
choose a token number
reserve a later character
request a particular appearance
exchange the assigned character
receive a specific visual attribute or rarity

12. Failed or Incomplete Transactions

Where a direct minting transaction fails or is not confirmed on the Ethereum Mainnet, no Lucky Charm Egghead is assigned to the purchaser.

Another successful transaction may mint the next available character before the purchaser completes a new transaction.

A character displayed as next in the sequence is therefore not reserved until the relevant minting transaction has been successfully confirmed or the relevant shop order has been accepted and processed.

13. Secondary Market Transactions

Lucky Charm Egghead NFTs may be transferred or offered through compatible external marketplaces.

External marketplaces operate independently and may impose their own:

terms and conditions
transaction fees
royalty arrangements
wallet requirements
verification processes
trading restrictions
privacy practices

Ugauga GmbH is not the contractual partner for a transaction concluded exclusively between third parties on an external marketplace.

Users are responsible for verifying:

the authenticity of the NFT
the correct smart-contract address
the token identifier
the seller’s authority
the marketplace used
the transaction details

Prices, offers, transaction volumes, and valuations shown on external marketplaces are determined by third parties.

14. NFT Ownership and Intellectual Property

The lawful holder of a Lucky Charm Egghead NFT controls the blockchain token through the corresponding wallet.

The NFT holder may:

hold the NFT
display the associated artwork for personal purposes
transfer or resell the NFT through compatible technical systems
refer to themselves as the holder of the NFT

The acquisition of the NFT does not transfer copyright, trademark rights, design rights, reproduction rights, commercial exploitation rights, licensing rights, or other intellectual property rights in the associated character or artwork.

All artistic and intellectual property rights remain with Ugauga GmbH, Ugauga, or the respective rights holder.

Prior written permission is required to:

reproduce the artwork commercially
produce or sell merchandise
create commercial derivative works
license the artwork to third parties
use the artwork as a company logo or trademark
use the artwork in commercial advertising
modify and commercially distribute the artwork
imply an official partnership, endorsement, representation, or authorization

Personal and non-commercial display of the associated artwork is permitted provided that the artwork, project, and rights holders are represented accurately.

15. Artistic Development

Ugauga may create stories, interpretations, physical artworks, Fine-Art Editions, exhibitions, animations, installations, publications, collaborations, and other artistic works inspired by a Lucky Charm Egghead.

The artistic direction remains with Ugauga and Eggheads.World.

NFT ownership provides no decision-making rights concerning:

future artworks
artistic interpretations
titles
stories
exhibitions
edition types or sizes
production methods
pricing
distribution
collaborations
cultural, social, or ecological contributions

16. Five-Percent Art-Sale Participation

As a gesture of appreciation, the Eggheads.World Supporter connected to a Lucky Charm Egghead may receive 5% in ETH from a qualifying sale of an artwork created specifically from that Lucky Charm Egghead.

Unless otherwise stated for a particular artwork, the calculation is based on the net artwork sales price actually received by Ugauga GmbH after deduction of:

value added tax and comparable taxes
discounts
delivery and shipping charges
customs duties and import charges
insurance costs
payment processing costs
marketplace fees
blockchain and network fees
refunds
chargebacks
other direct transaction-related third-party costs

The eligible recipient is generally the wallet holding the relevant Lucky Charm Egghead NFT when the qualifying artwork sale has been completed and fully paid.

Blockchain records and the internal sales documentation of Ugauga GmbH are used to determine the eligible wallet.

17. Conditions of the Five-Percent Participation

The five-percent participation:

applies only to qualifying artwork sales expressly connected to the relevant Lucky Charm Egghead
arises after Ugauga GmbH has received final payment
is subject to the expiry of applicable refund, cancellation, and chargeback periods
is paid in ETH to the eligible wallet address
may be combined with future payments where an immediate payment would be disproportionate because of network fees
may be delayed where ownership, identity, transaction, sanctions, legal, tax, fraud, or security checks are required
provides no decision-making rights concerning the artwork, sale, price, purchaser, production, or artistic development

The NFT holder is responsible for maintaining access to the eligible wallet and ensuring that the wallet can receive ETH.

Where payment cannot be completed because the wallet is inaccessible, incompatible, restricted, sanctioned, or technically unable to receive the payment, Ugauga GmbH may retain the amount until a lawful and technically practicable solution is available.

18. Nature of the Five-Percent Participation

The five-percent participation is connected exclusively to qualifying artwork sales based on an individual Lucky Charm Egghead.

It does not constitute:

a guaranteed payment
interest
a dividend
a share in Ugauga GmbH
a share in the overall revenue or profit of Eggheads.World
a deposit
a collective investment
an investment recommendation
a guaranteed return
a promise that an artwork will be produced or sold
a guarantee that the NFT will increase in value

A particular Lucky Charm Egghead may never become the basis of a qualifying artwork sale.

The timing, number, artistic form, availability, price, and sale of future artworks cannot be predicted or guaranteed.

The recipient is responsible for assessing and fulfilling personal tax, accounting, regulatory, and reporting obligations connected to receiving ETH.

19. NFT Value and Market Risk

Lucky Charm Egghead NFTs are artistic digital collectibles.

Their market value may rise, fall, or disappear. Ugauga GmbH provides no guarantee regarding:

market value
price development
resale opportunities
marketplace availability
liquidity
demand
exchange rates
future technological compatibility
future tax or regulatory treatment

Purchasers are responsible for making their own assessment before minting, purchasing, holding, transferring, or selling an NFT.

Statements concerning the artistic concept, long-term project development, exhibitions, physical artworks, or future possibilities are not financial forecasts or investment recommendations.

Part II: Lucky Charm Egghead NFT Packages with Fine-Art Print

20. Definition of the Shop Package

A Lucky Charm Egghead NFT package purchased through the online shop combines:

the next available Lucky Charm Egghead NFT in the predetermined sequence
one physical Fine-Art Print depicting the same Lucky Charm Egghead NFT

The Fine-Art Print is an additional physical component of the NFT purchase.

It is not an independent artwork edition from Eggheads.World and does not belong to the Eggheads.World Single Edition or Limited Edition Fine-Art Print programme.

21. Character Assignment for Shop Purchases

The next available character in the predetermined sequence is assigned to the shop order.

The purchaser cannot select, reserve, preview, replace, or exchange the assigned character.

Images of Lucky Charm Eggheads shown elsewhere on the website, on social media, in catalogues, or in project communication are illustrative examples and do not represent a choice of characters available through the shop.

The character finally connected to the minted or transferred NFT determines the image used for the included Fine-Art Print.

22. Fine-Art Print Specification

The applicable product page describes the Fine-Art Print included with the NFT package.

The description may include:

print dimensions
paper dimensions
orientation
printing technique
paper type
production method
accompanying documentation
estimated production time
delivery information

Unless another specification is displayed on the product page, the Fine-Art Print is produced as an archival-quality Giclée print on Hahnemühle William Turner matt 310g paper.

The product description displayed at the time of the order forms part of the contractual specification.

23. Nature and Use of the Included Fine-Art Print

The Fine-Art Print depicts the Lucky Charm Egghead NFT assigned to and acquired through the online shop.

The purchaser acquires ownership of the delivered physical object.

The purchaser may:

display the print privately
photograph it for personal and non-commercial purposes
resell or give away the physical object

Prior written permission is required for:

commercial reproduction
merchandising
licensing
commercial derivative use
advertising use
the sale of reproductions
commercial publication of the image

24. Production

The Fine-Art Print may be produced after the NFT has been assigned and the order has been accepted and paid.

Estimated production times are provided in good faith and may be affected by:

artistic and technical quality control
paper or material availability
printing capacity
payment verification
holidays
transport delays
events beyond the reasonable control of Ugauga GmbH

Artistic and technical quality control takes priority over estimated completion dates.

25. Paper, Colour, and Production Variations

Fine-art paper has an individual surface, texture, and fibre structure.

Reasonable variations may arise from:

paper texture and fibre structure
printing and finishing
trimming
screen and monitor settings
colour profiles
browser rendering
device characteristics
ambient lighting

These characteristics form part of the physical nature of the Fine-Art Print and do not constitute defects.

26. Order Process

The presentation of a product on the website is an invitation to submit an order and does not itself constitute a binding offer.

The purchaser submits a binding order by completing the checkout process and activating the order button.

An automated order acknowledgement confirms receipt of the order. It does not necessarily constitute final acceptance.

The contract is concluded when Ugauga GmbH:

expressly confirms the order
assigns the next available character to the order
begins production
confirms shipment
mints or transfers the NFT
otherwise begins fulfilment of the order

Ugauga GmbH may reject or cancel an order before acceptance where:

no character is available for assignment
the next character in the sequence has already been minted through an earlier transaction
a pricing, availability, or technical error occurred
payment cannot be verified
the order appears fraudulent
legal or sanctions restrictions apply
delivery is not possible
fulfilment would be unlawful or unreasonable

Where the next character has already been assigned through an earlier transaction, the following available character in the sequence may be assigned to the order.

Payments already received for a rejected order will be refunded through the original payment method where practicable.

27. Prices and Payment

The applicable price is displayed during checkout.

The final checkout amount may include:

the Lucky Charm Egghead NFT
the included Fine-Art Print
applicable taxes
shipping and packaging
insurance
other expressly disclosed costs

Payments through the online shop are processed using WooPayments and its payment infrastructure partners.

Available payment methods are displayed during checkout.

Payments may be subject to authorization, identity verification, fraud prevention, security checks, payment-provider terms, card-network rules, and transaction limits.

Ugauga GmbH may delay character assignment, production, delivery, minting, or NFT transfer until full and final payment has been received.

The purchaser is responsible for supplying accurate payment information and using an authorized payment method.

28. Delivery

The Fine-Art Print is delivered to the address entered during checkout.

The purchaser is responsible for providing a complete and correct delivery address and ensuring that the shipment can be accepted.

Delivery periods are estimates unless expressly confirmed as binding.

Ugauga GmbH may use external postal, courier, logistics, fulfilment, customs, and insurance providers.

For international deliveries, the purchaser may be responsible for:

import taxes
customs duties
customs clearance costs
handling charges
brokerage fees
local taxes
import documentation

These costs are determined by the destination country and are not controlled by Ugauga GmbH.

A refusal to pay import charges or accept a shipment does not automatically create a right to a full refund. Return, storage, customs, handling, insurance, and additional transport costs may be deducted where legally permitted.

29. Transfer of Risk

Risk relating to the physical delivery passes in accordance with the mandatory law applicable to the transaction.

Where Swiss law applies and no mandatory consumer provision provides otherwise, the transfer of risk is governed by the applicable provisions of Swiss law and the agreed delivery conditions.

Mandatory consumer provisions applicable at the purchaser’s place of residence remain unaffected.

30. Inspection and Transport Damage

The purchaser should inspect the shipment promptly after delivery.

Visible transport damage should be:

documented with photographs
recorded with the delivery provider where possible
reported promptly to Ugauga GmbH
reported before the print is framed, altered, displayed, or transported further

The original packaging should be retained until the matter has been resolved.

Prompt reporting enables Ugauga GmbH to assess the damage and assert claims against the delivery or insurance provider.

Mandatory statutory rights remain unaffected.

31. Defects and Warranty

A suspected defect must be reported to Ugauga GmbH with sufficient details and supporting photographs.

Where a legally relevant defect exists, Ugauga GmbH may, subject to mandatory law:

repair the Fine-Art Print
replace or reproduce the Fine-Art Print
reduce the purchase price
refund the applicable amount
provide another legally appropriate remedy

The appropriate solution will take account of the connected NFT, the physical print, any accompanying documentation, and the applicable law.

32. Warranty Exclusions

Subject to mandatory law, the following do not constitute defects:

natural paper texture
minor variations in fibre structure
reasonable colour differences between digital displays and physical prints
characteristics associated with fine-art printing
insignificant dimensional tolerances
characteristics expressly described on the product page
damage caused after delivery
improper framing or mounting
unsuitable adhesives or framing materials
exposure to excessive sunlight, moisture, heat, smoke, chemicals, or pollutants
improper storage or handling
alteration, restoration, or repair by third parties
normal ageing of materials

The purchaser is responsible for appropriate handling, framing, display, and storage of the Fine-Art Print.

33. Withdrawal and Returns under Swiss Law

Swiss law does not provide a general statutory right of withdrawal for ordinary online purchases.

Unless Ugauga GmbH expressly grants a return or cancellation right for a particular product, confirmed orders are binding, subject to:

mandatory statutory rights
defects
non-delivery
delivery of an incorrect product
another legally recognized cancellation ground

A voluntary return arrangement must be confirmed by Ugauga GmbH in writing before the product is returned.

34. Mandatory Foreign Consumer Rights

Purchasers residing in countries with mandatory distance-selling or consumer withdrawal rights retain those rights where the respective law applies.

Any mandatory withdrawal period, procedure, exception, information requirement, or model withdrawal form is governed by the applicable mandatory law.

A withdrawal right may be excluded or expire early where legally permitted, particularly in connection with:

digital content supplied with prior express consent
blockchain transactions or NFT transfers already executed
goods made to the purchaser’s specifications
clearly personalized goods
other statutory exceptions

Nothing in these Terms and Conditions restricts mandatory consumer rights.

35. Connected Return of NFT and Fine-Art Print

The NFT and Fine-Art Print included in a shop package form connected components of the same transaction.

A cancellation, withdrawal, or refund may require:

return of the Fine-Art Print
return of any accompanying documentation
transfer of the NFT to the wallet designated by Ugauga GmbH
successful confirmation of the NFT return on the Ethereum Mainnet

The purchaser must not sell, transfer, encumber, or otherwise dispose of the NFT while a withdrawal, refund, chargeback, or contractual dispute is pending.

Where legally permitted, a refund may be withheld until all physical and digital components have been returned.

The allocation of Ethereum network fees for the return of an NFT is governed by mandatory law or the specific return agreement.

36. Relationship to Eggheads.World

The Fine-Art Print included with a Lucky Charm Egghead NFT shop package is directly connected to the purchased NFT.

Independent artworks created within Eggheads.World, including Single Edition and Limited Edition Fine-Art Prints, are separate artistic products.

Their specifications and conditions, including:

editions and edition sizes
numbering
certificates
provenance
prices
NFT transfers
delivery
payment
returns
artistic specifications

are governed by the terms published on Eggheads.World.

Part III: Website, Rights, and Project Documentation

37. Copyright and Protected Content

All content connected to the Lucky Charm Eggheads and Lucky-Charm-Eggheads.com is protected by applicable intellectual property law.

This includes:

digital characters
PixelDNA elements
backgrounds
accessories
hair and hats
eyes and glasses
lips
compositions
Fine-Art Prints
photographs
texts
stories
videos
animations
designs
databases
source code
logos
trademarks
website content

All rights not expressly granted remain reserved.

38. Trademarks and Project Names

Lucky Charm Eggheads, Eggheads.World, Ugauga®, associated logos, titles, and distinctive project identifiers may be protected as trademarks, company names, domain names, artwork titles, or other identifiers.

Commercial use or any use suggesting an official partnership, endorsement, licence, representation, or affiliation requires prior written permission.

39. Sharing Images of Acquired Works

Purchasers may photograph and share their lawfully acquired NFT or physical Fine-Art Print for personal, collection-related, editorial, and non-commercial purposes.

Where reasonably possible, the project and artist should be identified as:

Lucky Charm Eggheads / Eggheads.World by Ugauga

Commercial publication, advertising, merchandising, licensing, reproduction, and the sale of image reproductions require prior written permission.

40. Project Documentation

Ugauga GmbH may document:

minted Lucky Charm Eggheads
token identifiers
public wallet addresses
blockchain transactions
physical Fine-Art Prints
exhibitions
transfers
provenance information
the artistic and historical development of the project

This documentation may be used for:

catalogues raisonnés
archives
exhibitions
publications
websites
research
provenance records
project communication
historical documentation

Personal data is handled in accordance with the applicable Privacy Policy.

Part IV: Liability and User Responsibility

41. Website and Service Availability

Ugauga GmbH aims to operate the website, online shop, minting function, and related project infrastructure reliably.

Continuous, uninterrupted, or error-free availability is not guaranteed.

Services may be temporarily unavailable because of:

maintenance
technical updates
security measures
hosting interruptions
internet disruptions
third-party failures
blockchain congestion
wallet failures
payment-service interruptions
events beyond the reasonable control of Ugauga GmbH

42. External Services

The website and project may rely on independent external services, including:

MetaMask
Ethereum and its network participants
blockchain gateways and node providers
smart-contract infrastructure
NFT marketplaces
WooPayments
Stripe and other payment partners
banks and card networks
hosting providers
delivery and logistics providers
Google Maps
social media platforms

Ugauga GmbH does not control the availability, security, functionality, prices, terms, policies, or data-processing practices of independent third-party services.

The use of an external service may also be governed by the terms and privacy policy of that provider.

43. Limitation of Liability

Ugauga GmbH is liable in accordance with mandatory law.

To the extent permitted by law, liability is limited to direct damage caused intentionally or through gross negligence.

To the extent legally permitted, liability is excluded for:

slight negligence
indirect or consequential damage
loss of profit
loss of opportunity
loss of data
market-value changes
exchange-rate losses
blockchain-related value changes
external marketplace activity
loss of wallet access
incorrect wallet addresses supplied by the purchaser
failures of independent third-party services

These limitations do not apply where liability cannot legally be excluded or restricted.

44. User Responsibility

The user is responsible for:

compatible hardware and software
internet access
wallet security
verification of transactions and wallet addresses
accurate contact, billing, and delivery information
protection of account and payment information
safe handling of NFTs and physical prints
compliance with applicable local laws
personal tax and reporting obligations
assessing blockchain and marketplace risks

The website, smart contract, NFT, Fine-Art Print, and associated project content must not be used in connection with:

unlawful activity
fraud or deception
money laundering
sanctions evasion
intellectual property infringement
unauthorized commercial exploitation
false claims of partnership or endorsement

45. Taxes and Reporting Obligations

Prices include or exclude taxes as indicated during checkout.

The purchaser is responsible for assessing and fulfilling personal tax, accounting, customs, declaration, and reporting obligations arising from:

minting an NFT
purchasing an NFT
holding or transferring an NFT
selling an NFT
receiving ETH
receiving the five-percent art-sale participation
purchasing or importing a Fine-Art Print
reselling the NFT or physical Fine-Art Print

Ugauga GmbH does not provide individual tax, legal, investment, or financial advice.

46. Force Majeure

Ugauga GmbH is not responsible for delays or failure to perform contractual obligations where performance is prevented or materially affected by circumstances beyond its reasonable control.

Such circumstances may include:

natural events
fire or flooding
war or civil unrest
epidemics or pandemics
government measures
strikes
transport interruptions
energy or telecommunications failures
hosting or infrastructure failures
blockchain disruptions
cyberattacks
shortages of materials
failures of essential suppliers or service providers

Performance periods may be extended for the duration and consequences of the relevant event.

Part V: Final Provisions

47. Data Protection

Personal data is processed in accordance with the Privacy Policy published on Lucky-Charm-Eggheads.com.

Blockchain transactions are public, internationally distributed, and generally permanent.

The Privacy Policy provides further information about wallet data, WooPayments, hosting, Google Maps, server logs, analytics, and the rights of affected persons.

48. Amendments to These Terms and Conditions

Ugauga GmbH may update these Terms and Conditions to reflect:

project developments
new products or acquisition methods
technical changes
changes to blockchain, wallet, or payment infrastructure
legal or regulatory requirements
security considerations
changes to operational procedures

The version displayed at the time of an order or minting transaction applies to that transaction.

Material changes affecting existing contractual rights will be communicated where legally required.

49. Communications

Contractual and project-related communications may be sent electronically to the email address or wallet-related contact information supplied by the purchaser.

The purchaser is responsible for keeping their contact information current and monitoring communications concerning orders, payments, NFT transfers, deliveries, and contractual matters.

General project announcements may also be published on Lucky-Charm-Eggheads.com or through official project channels.

50. Severability

If an individual provision of these Terms and Conditions is invalid, unenforceable, or incomplete, the remaining provisions remain effective.

The invalid, unenforceable, or incomplete provision shall be interpreted or replaced in accordance with applicable law and as closely as legally possible to its intended contractual and artistic purpose.

Mandatory consumer law remains unaffected.

51. No Waiver

A failure or delay by Ugauga GmbH to exercise a contractual or legal right does not constitute a waiver of that right.

The exercise of an individual right does not prevent the later exercise of that or another right.

52. Assignment and Transfer

The NFT holder may transfer the NFT through a valid blockchain transaction, subject to these Terms and Conditions.

Ownership of the physical Fine-Art Print may be transferred independently, although the artistic and intellectual property provisions continue to apply.

Other contractual claims against Ugauga GmbH may be assigned only with prior written consent unless mandatory law provides otherwise.

Ugauga GmbH may transfer contractual rights and obligations to a legal successor or affiliated company where mandatory rights of the purchaser are preserved.

53. Entire Agreement

These Terms and Conditions, the applicable product description, the checkout information, the Privacy Policy, and any individual written agreement between the parties form the contractual basis of the respective transaction.

Individual written agreements take precedence over conflicting provisions of these Terms and Conditions.

54. Applicable Law

These Terms and Conditions and the contractual relationship are governed by substantive Swiss law.

The conflict-of-law rules and the United Nations Convention on Contracts for the International Sale of Goods are excluded.

Mandatory consumer protection provisions applicable at the purchaser’s place of residence remain reserved.

55. Place of Jurisdiction

The place of jurisdiction is Zurich, Switzerland, to the extent legally permitted.

Mandatory places of jurisdiction applicable to consumers remain unaffected.

56. Contact

Questions concerning these Terms and Conditions may be sent to: