GENERAL TERMS AND CONDITIONS (GTC)

1. Provider

Dream New Art – Einzelunternehmen
Inhaber: Kevin Möller

Fuldaer Straße 2

97786 Motten

Germany 

E-Mail: moeller@dream-new-art.com

2. Scope of Application & Contractual Language

2.1 Scope of Application: These General Terms and Conditions (hereinafter referred to as “GTC”) apply to all business relations between Dream New Art (hereinafter referred to as “Provider”) and the customer. The Provider operates two separate business divisions: 

  • Digital Division: Sale of digital content (3D models) and commercial use licenses.
  • Physical Division: Sale of physical goods (in particular Trading Card Games / TCG products).

These divisions are strictly separated from each other legally, economically, and organizationally.

2.2 Platform Independence: These GTC apply regardless of the platform or distribution channel through which the contract is concluded (e.g., Whop, Cardmarket, external marketplaces, or the Provider’s own website).

2.3 Contractual Language & Availability: The original legal language of these terms is German. For international distribution, these documents are provided online exclusively in the English language. In the event of deviations, contradictions, or difficulties in interpretation between the provided English version and the original German text, the German version shall be solely legally binding.

3. Digital Business Division (Licenses & Digital Content)

3.1 Subject Matter of the Contract: The subject matter of this division is the acquisition of digital 3D models (e.g., in STL format) as well as optional commercial use licenses. These licenses entitle the customer to manufacture and commercially sell physical products based on the digital content. Supplementary to these GTC, the Provider’s End-User License Agreement (EULA) applies to the use and utilization of the files. 

3.2 Usage Rights: The customer receives a simple, non-exclusive, non-transferable right of use that is limited in time to the duration of the active license. The exact scope of use depends on the respective license tier acquired (e.g., Basic, Business, Partner). Any transfer, duplication, publication, or resale of the original digital files is strictly prohibited.

3.3 Commercial Use: Commercial use of the content (manufacturing and selling physical products) is exclusively permitted with an active and valid license. Upon expiration or termination of the license, the commercial right of use expires immediately.

3.4 Promotional Discounts & Price Protection: Promotional discounts (e.g., Early-Bird offers) are limited in time or quantity. There is no permanent entitlement to reduced prices. Granted discounts apply exclusively for the duration of a continuously active, uninterrupted membership (term of the subscription).

3.5 Provision of Digital Content: Digital content is made available digitally via the respective platform immediately after successful payment. Upon provision of the content, the contract is deemed to be fully performed by the Provider, to the extent permitted by law.

3.6 Revocation & Refunds (Digital Division): To the extent permitted by law, there is no right of revocation for digital content once the provision of the content has begun. Refunds are fundamentally excluded. The exact terms, conditions, and exceptions for refunds are governed by the Provider’s separate Refund Policy. In any case, refunds are excluded except in cases of provable technical defects of the file that cannot be resolved by the Provider even after a reasonable rectification period. The burden of proof for a technical defect lies with the customer.

3.7 Payment, Term & Termination: Subscriptions can be concluded on a monthly or annual basis, depending on the offer. They renew automatically for the selected term unless they are canceled before the end of the current billing period. Termination is possible at any time via the respective platform (e.g., Whop) and becomes effective at the end of the current term. Access remains active until then. The Provider reserves the right to terminate and block the subscription as well as access to the digital content with immediate effect without notice if the customer has verifiably provided false or incomplete information regarding their identity, their business, or other mandatory fields during the checkout process.

4. Physical Business Division (Trading Card Games - TCG)

4.1 Subject Matter of the Contract: This division comprises the sale of physical goods, in particular products from the field of Trading Card Games (TCG), including original sealed collectible products (Sealed Product), single cards, and comparable commercial merchandise. 

4.2 Platforms & Distribution: Sales are conducted via external marketplaces (e.g., Cardmarket) or other accessible online distribution channels.

4.3 Consumer Rights: In the event of sales to consumers (B2C), the applicable statutory provisions of the country in which the customer has their habitual residence shall apply, in particular regulations regarding revocation, warranty, liability for defects, and shipping.

4.4 Revocation for Physical Goods: The statutory right of revocation for consumers may expire prematurely in the case of sealed goods if the seal has been removed or damaged after delivery. In the case of TCG products, the right of revocation expires in particular if the original plastic wrapping (shrink wrap, seal) of displays, packs, boxes, or decks has been opened, torn, or removed, to the extent permitted by applicable law.

4.5 Retention of Title: All delivered physical goods remain the property of the Provider until full payment of the purchase price owed has been made.

5. Platform Utilization & Third-Party Providers

5.1 The Provider utilizes various third-party platforms to handle distribution, payment, and provision (e.g., Whop, Cardmarket). For purchases of digital subscriptions via Whop.com, the terms of use and business conditions of Whop additionally apply as Merchant of Record (MoR) regarding primary tax processing and payment execution. 

5.2 In addition to these GTC, the terms of use and business conditions of the respective platform operators apply to the customer. In the event of direct discrepancies between these GTC and the platform conditions, those mandatory platform rules that directly affect the respective transaction shall take precedence.

6. Limitation of Liability

6.1 Principle: The Provider is liable without limitation for damages resulting from intent and gross negligence as well as for injury to life, body, or health in accordance with statutory regulations. 

6.2 Ordinary Negligence: In cases of simple or ordinary negligence, the Provider is only liable for the breach of essential contractual obligations (cardinal obligations). In this case, liability is limited to the contractually typical, foreseeable damage.

6.3 Third-Party Platforms: The Provider assumes no liability for technical disruptions, server failures, maintenance work, or other restrictions of third-party platforms (e.g., Whop, Cardmarket) or external payment service providers that lie outside his direct sphere of influence.

7. Online Dispute Resolution (ODR Platform)

The European Commission provides a platform for Online Dispute Resolution (ODR), accessible at: https://ec.europa.eu/consumers/odr. The Provider is neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

8. Final Provisions (Choice of Law & Jurisdiction)

8.1 Choice of Law: The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). For consumers (B2C), this choice of law applies only to the extent that it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the state in which the consumer has their habitual residence. 

8.2 Jurisdiction: If the customer is a merchant within the meaning of the German Commercial Code (HGB), a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract shall be the registered office of the Provider (97786 Motten / the competent court is the Local Court [Amtsgericht] of Fulda, Germany).

8.3 Severability Clause: Should any provision of these GTC be or become invalid, incomplete, or unenforceable, the validity of the remaining provisions shall remain unaffected thereby. The statutory provisions shall apply in place of the invalid provision.

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