Article 1 - Definitions
In these terms and conditions is understood:
- Extended agreement: an agreement where the consumer acquires products, digital content and/or services in terms with a distance agreement and these products, digital content and/or services will be delivered by the entrepreneur or by a third party on base of an agreement between the third party and the entrepreneur;
- Withdrawal period: the period within which the consumer can exercise his right of withdrawal;
- Consumer: the person who is not acting for purposes related to his trade-, business-, craft- or profession activity;
- Day: calendar day;
- Digital content: data produced and delivered in digital form;
- Contract duration: an agreement that extends to the frequent delivery of products, services and/org digital content during a certain period of time;
- Sustainable database: every tool - including e-mail - that enables the consumer or entrepreneur to store information that is addressed to him personally, in a way that allows future consultation or use of period of time appropriate for which the information is intended, and which enables the unaltered reproduction of the stored information;
- Right of withdrawal: the possibility of the consumer to cancel the agreement/order remotely within the withdrawal period;
- Entrepreneur: the rightful person who offers products, (access to) digital content and/or services remotely to consumers;
- A distance agreement: an agreement that is made between the entrepreneur and consumer as part of an organized system for distance selling of products, digital content and/or services whereby the agreement exclusively will be used for one or more techniques of distance communication;
- Technique for distance communication: a tool that can be used for concluding the agreement without the consumer and entrepreneur having to meet simultaneously in the same room.
Article 2 - Identity of the entrepreneur
Aurum Novum I B.V. (Trading name Cryptomaan; BTC Direct shop)
6538 SX, Nijmegen
E-mail address: firstname.lastname@example.org
Chamber of Commerce number: 80066720
VAT-identification number: NL861544705B01
Article 3 - Applicability
- These terms and conditions apply to every offer of the entrepreneur and to every distance agreement there has been made between the entrepreneur and the consumer;
- Before the distance agreement is concluded, the texts of these general conditions will be available to the consumer. If this is in any way not possible, the entrepreneur will point out in which way the general conditions will be available before the distance agreement will be made, and it will be sent as soon as possible, free of charge;
- If the distance contract is concluded electronically the texts of these general conditions will be, in contrary to the previous paragraph, made available to the consumer by electronic means in such a way that the consumer can easily store them on a durable database. If this is not reasonably possible before the distance agreement is signed, it will be sent electronically or otherwise at the consumers request, free of charge;
- In addition to these general terms and condition, specific product- or service conditions apply the second and third paragraphs of the corresponding usage, the consumer may invoke the applicable provision that is in favour of him;
- If and insofar there is a contradiction between the Dutch text and any other translation of it, the Dutch text shall prevail at all times.
Article 4 - The offer
- If an offer has a limited validity period or has made subject to conditions, it will be explicitly stated in the offer;
- The offer contains a complete and accurate description of the products, digital content and/or services. The description is sufficiently detailed for the consumer to make a proper assessment of the product. If the entrepreneur uses pictures, it will be a true reflection of the products, digital content and/or services that are offered. Obvious mistakes or errors in the offer will not bind the entrepreneur;
- Each offer contains such information that it's clear to the consumer what rights and obligations are attached to accepting the offer.
Article 5 - The agreement
- The agreement comes into effect, in subject to the provisions of paragraph 4, at the moment of the acceptance by the consumer of the offer and the fulfillment of the giving conditions;
- If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm the acceptance of the offer electronically. As long as the order has not been confirmed by the entrepreneur, the consumer has the right to cancel it;
- If the agreement is created electronically the entrepreneur will take appropriate technical and organizational measures to secure the electronic transmission of data and ensure a safe environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures;
- The entrepreneur is able to - within the limits of the law - inform himself about the payment ability of the consumer as well as those facts and factors that are important for making a distance agreement. If the entrepreneur has, on the base of this research, valid reasons not to enter this agreement he is entitled to refuse an order or request to attach special conditions to the implementation of the agreement;
- The entrepreneur will at the latest upon the delivery of the product, service and/or digital content give information in writing or in such a way that the consumer can store it in a durable way.
a. The visiting address of the office where consumers can go with complaints.
b. The conditions under which and the way in which the consumer may exercise the right of withdrawal, or a clear statement concerning the exclusion of the right of withdrawal;
c. The information about warranties and existing purchase service.
d. The price including all taxes of the product, service and/or digital content; where applicable; the cost of delivery and the method of payment, delivery or the performance of the distance contract;
e. The requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration;
f. if the consumer has a right of withdrawal, the model form for withdrawal;
- In case of an enduring transaction the provision in the previous paragraph shall apply online to the first delivery.
Article 6 - Right of Withdrawal
- The consumer can revoke an agreement related to the purchase of a product during a period of at least 14 days without giving reasons. The entrepreneur may ask the consumer about the reason for withdrawal, but may not oblige the consumer to give his reason(s);
- The cooling-off period mentioned in paragraph 1 starts on the day after the consumer, or a third party designated by the consumer in advance, who is not the carrier, has received the product, or:
a. if the consumer has ordered multiple products in one order: the day the consumer or a third party appointed by him, has received the last product. The entrepreneur may, provided he has clearly informed the consumer prior to the ordering process, refuse an order for multiple products with a different delivery time
b. if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party appointed by him, has received the last shipment or the last part.
c. in case of contracts for regular delivery of products during a certain period: the day on which the consumer, or a third party appointed by him, has received the first product.
For services and digital content not delivered on a tangible device:
- The consumer can cancel a service contract and a contract for delivery of digital content not supplied on a tangible device for at least 14 days without giving any reason. The entrepreneur may ask the consumer about the reason for withdrawal, but may not oblige the consumer to give his reason(s).
- The revocation period referred to in paragraph 3 starts on the day following the completion of the agreement.
Extended revocation period for products, services and digital content not delivered on a tangible device when not informing about right of withdrawal:
- If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal or the model form for withdrawal, the revocation period will expire twelve months after the end of the original revocation period determined in accordance with the previous paragraphs of this article.
- If the entrepreneur provided the information referred to in the previous paragraph to the consumer within twelve months after the start date of the original reflection period, the reflection period will expire 14 days after the day on which the consumer received this information.
Article 7 - Obligations of the consumer during the revocation period
- During the revocation period, the consumer will handle the product and its packaging with care. He will only unpack or use the product to the extent necessary to determine the nature, characteristics and functioning of the product. The starting point here is that the consumer may only handle and inspect the product as he would be allowed to do in a store.
- The consumer is only liable for reduction value of the product resulting from a way of handling the product that goes beyond what is permitted in paragraph 1.
- The consumer is not liable for any reduction in the value of the product if the entrepreneur has not provided him with all the legally required information about the right of withdrawal before or at the time of concluding the contract.
- If the seal of the packaging is broken from products of the category 'hardware wallets', no right of withdrawal can be exercised. The security of the product has then been damaged to such an extent that the product cannot be taken back by Cryptomaan.
Article 8 - The right of withdrawal by the consumer and costs of such exercise
- If the consumer uses his right of withdrawal, he shall report this to the entrepreneur within the revocation period by using the model form for withdrawal or in another unambiguous way.
- As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer returns the product, or hands it over to (an authorized representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to pick up the product himself. The consumer has in any case complied with the return period if he returns the product before the revocation period has expired.
- The consumer will return the product with all delivered accessories, if reasonably possible in original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
- The risk and the evidence of the correct and timely exercise of the right of withdrawal lies with the consumer.
- The consumer is responsible for the direct costs of returning the product. If the entrepreneur has not reported that the consumer must bear these costs or if the entrepreneur indicates that the costs are paid by himself, the consumer does not have to bear the costs of return.
- If the consumer withdraws after initially requesting that the performance of the service or the supply of gas, water or electricity not made ready for sale in a limited volume or certain quantity commence during the withdrawal period, the consumer owes the entrepreneur an amount that is proportionate to that part of the commitment that has been fulfilled by the entrepreneur at the time of withdrawal, compared to the full performance of the commitment.
- The consumer shall not bear any costs for the performance of services or the supply of water, gas or electricity, not made ready for sale in a limited volume or quantity, or to supply district heating, if:
a. The entrepreneur has not provided the consumer with the legally required information about the right of withdrawal, the cost reimbursement in case of withdrawal or the model form for withdrawal, or;
b. The consumer has not expressly requested the performance of the service or supply of gas, water, electricity or district heating during the revocation period.
- The consumer shall not bear any cost for the full or partial delivery of digital content not delivered on a tangible device, if:
a. He did not expressly agree, prior to its delivery, to the performance of the agreement beginning before the end of the revocation period;
b. He has not acknowledged losing his right of withdrawal when giving his consent; or
c. The entrepreneur has failed to confirm this statement by the consumer.
- If the consumer makes use of his right of withdrawal, all additional agreements will be dissolved by operation of law.
Article 9 - Obligations of the entrepreneur in the events of withdrawal.
- If the entrepreneur makes the notification of withdrawal by the consumer possible electronically, he will send an acknowledgement of this notification without delay after receiving it.
- The entrepreneur will reimburse all payments made by the consumer, including any delivery costs charged by the entrepreneur for the returned product, without delay but within 14 days following the day on which the consumer notifies him of the withdrawal. Unless the entrepreneur offers to collect the product himself, he may wait with repayment until he has received the product or until the consumer proves that he has returned the product, whichever comes first.
- The entrepreneur will use the same means of payment for reimbursement that the consumer used, unless the consumer agrees to a different method. The refund is free of charge for the consumer.
- If the consumer has chosen a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to refund the additional costs for the more expensive method.
Article 10 - Exclusion of the right of withdrawal
The entrepreneur can exclude the following products and services from the right of withdrawal, but only if the entrepreneur has clearly stated this in the offer, in time for the conclusion of the agreement:
- Products or services which price is subject to fluctuations in the financial market over which the entrepreneur has no influence and which may occur within the withdrawal period;
- Agreements concluded during a public auction. A public auction means a method of sale in which products, digital content and/or services are offered by the entrepreneur to the consumer who is personally present or has the opportunity to be personally present at the auction, under the direction of an auctioneer, and in which the successful bidder is obliged to purchase the products, digital content and/or services;
- Service contracts, after full performance of the service, but only if:
a. The performance has begun with the consumer prior consent; and
b. The consumer has stated that he loses his right of withdrawal once the entrepreneur has fully performed the contract.
- Package trips as referred to in Article 7:500 of the Civil Code and agreements of passenger transport;
- Service agreements for the provision of accommodation, if the contract provides for a specific date or period of performance and other than for residential purposes, carriage of goods, car rental services and catering;
- Agreements relating to leisure activities, if the agreement provides a specific date or period of performance;
- Products manufactured according to consumer specifications, which are not prefabricated and which are manufactured on base of an individual choice or decision by the consumer, or which are clearly intended for a specific person;
- Products that are quickly too rotten or have a limited shelf life;
- Sealed products that are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery;
- Sealed products (such as Hardware Wallets) that cannot be resold or used again due to security reasons cannot be returned.
- Products that after delivery are inherently mixed with other products due to their nature;
- Alcoholic beverages where the price of which has been agreed upon at the closing of the agreement, but the delivery of which can only take place after 30 days, and the actual value depends on fluctuation of the market which the entrepreneur has no influence on;
- Sealed audio, video recordings and computer software, of which the seal has been broken after delivery;
- Newspapers, magazines, or journals with the exception of subscription on these.
- The delivery of digital content other than a tangible device, but only if:
a. The performance has started with expression prior consent of the consumer; and;
b. The consumer has declared that he hereby loses his right of withdrawal.
Article 11 - The price
- During the validity period mentioned in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates;
- In deviation from the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and has no influence on, offer with variable prices. This link with fluctuations and the fact that any prices mentioned are guide prices, will be mentioned in the offer.
- Price increases within 3 months after signing the agreement are only allowed if they are the result of lawful arrangements or provisions.
- Price increases within 3 months after signing the agreement are only allowed if the entrepreneur has stated this and:
- they are the result of lawful arrangements or provisions; or
- the consumer is authorized to cancel the agreement on the day on which the price increase takes effect.
- The prices mentioned in the offer of products or services include VAT.
Article 12 - Fulfilment of agreement and additional warranty
- The entrepreneur guarantees that the products and/or services meet the agreement, the specifications listed in the offer, the reasonable requirements of reliability and / or usability and on the date of the signing the agreement existing legal provisions and/or government regulations. If agreed, the entrepreneur also ensures that the product is suitable for other than normal use.
- An additional guarantee provided by the entrepreneur, his supplier, manufacturer or importer never limits the legal rights and claims that the consumer under the agreement can assert against the entrepreneur if the entrepreneur has failed to fulfil his part of the agreement.
- Additional warranty means any commitment of the entrepreneur, his supplier, importer or producer in which he grants the consumer certain rights or claims that go beyond what he is legally obliged to do in case he has failed to fulfil his part of the agreement.
Article 13 - delivery and implementation
- The entrepreneur will take the necessary care in receiving and carrying out orders for products and in assessing applications for the provision of services.
- The place of delivery is the address that the consumer has made known to the entrepreneur.
- With consideration of what is stated in article 4 of these general conditions, the entrepreneur will execute accepted orders with convenient speed but at least within 30 days, unless a different delivery period has been agreed. If the delivery has been delayed, or if an order cannot be filled or can be filled only partially, the consumer will be informed about this within 30 days after he has placed the order. The consumer in that case has the right to cancel the contract without penalty and the right to any compensation.
- After termination in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer without delay.
- The risk of damage and/or loss of products rests with the entrepreneur until the time of delivery to the consumer or a pre-designated and the entrepreneur announced representative, unless otherwise expressly agreed.
Article 14 - Liability
- Cryptomaan is, with the exception of intent and gross negligence, not liable for any damage as a result of the products it has supplied and/or any failure in the performance of the agreement or the breach of any other obligations towards the customer.
- Damage, as referred to in paragraph 1, which in the opinion of the Consumer is due to the intentional act or gross negligence of the Supplier, must be reported to the Supplier in writing as soon as possible, but in any event within thirty (30) days of its occurrence.
- If - despite the provisions of Article 8.1 - liability on the part of the Supplier occurs at any time, it shall be limited to a maximum of the invoice amount charged by the Supplier.
- Cryptomaan is not liable for loss of Bitcoins, Ethereum or other cryptocurrency due to failure of purchased product or loss of private keys, pin codes and passwords. Read the instructions of the product carefully and always make an additional backup of your data.
Article 15 - Duration transactions: duration, cancellation and renewal
- The consumer can cancel the agreement for an indefinite period and that extends to the regular delivery of products (including electricity) or services, at any time, denounce the applicable cancellation rules and a notice not exceeding one month;
- The consumer can cancel the agreement for a definite period and that extends to the regular delivery of products (including electricity) or services, at any time, of the fixed term denounce the applicable cancellation rules and a notice not exceeding one month.
- With the previous paragraphs, the consumer can:
a. Cancel them at any time and not be limited to cancel at a specific time or in a specific period
b. At least cancel them in the same way as they were entered by him
c. Always cancel with the same notice as the entrepreneur has stipulated for himself.
- An agreement that has been signed for a definite period of time and which extends to regularity of delivery of products (including electricity) or services, may not be tacitly extended or renewed for a definite period of time.
- In contrast to the previous paragraph, a fixed-term agreement that was concluded for the regular delivery of daily or weekly newspapers and magazines may be tacitly renewed for a fixed term of up to three months, if the consumer is able to terminate this renewed contract towards the end of the renewal period, with a period of notice that does not exceed one month.
- A fixed-term contract that has been concluded for the regular supply of products or services may only be extended tacitly for an indefinite period of time if the consumer has at all times the right to cancel, with a period of notice that does not exceed one month. The notice period is up to three months if the contract is about the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
- An agreement with a limited duration for regulating the introduction, of daily or weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically at the end of the trial or introductory period.
- If an agreement has a duration of more than one year, the consumer may terminate the contract after this period at any time with a notice period of up to one month, unless reasonableness and fairness dictate against cancellation before the end of the agreed term.
Article 16 - Payment
- Unless otherwise stipulated in the contract or additional conditions, the amount owed by the consumer should be paid within 14 days after the start of the reflection period, or in the absence of a reflection period within 14 days after the conclusion of the contract. In case of a contract to provide a service, this period starts on the day after the consumer has received the confirmation of the agreement.
- When selling products to consumers, he is never required in general terms and conditions to pay more than 50% in advance. When deposit is stipulated, the consumer may not assert any rights regarding the implementation of the relevant order or service (s), before the stipulated prepayment has occurred.
- The consumer has the duty to immediately report inaccuracies in payment data provided or mentioned to the entrepreneur.
- If the consumer does not timely fulfil his payment obligation(s), he will be notified by the entrepreneur of the late payment and the entrepreneur has given the consumer a period of 14 days to still fulfil his payment obligations, after the failure to pay within this 14-day period, the statutory interest on the amount due and the entrepreneur has the right to charge extrajudicial collection costs. These collection costs amount to a maximum of: 15% on outstanding amounts up to €2500; 10% on the following €2500 and 5% on the following €5000, with a minimum of €40. The entrepreneur may deviate from the mentioned amounts and percentages for the benefit of the consumer.
Article 17 - Complaint procedure
- The entrepreneur knows a sufficient amount of complaint procedure and handles the complaint in accordance with this complaint procedure.
- Complaints about the implementation of the agreement must be submitted to the entrepreneur within 7 days fully and clearly described, after the consumer has found the defects.
- Complaints submitted to the entrepreneur will be answered within a period of 14 days, calculated from the date of receiving. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the period of 14 days with a message of confirmation and an indication when the consumer can expect a more detailed answer.
- If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.
- For complaints, a consumer should first turn to the entrepreneur. For complaints that can not be resolved by mutual agreement, the consumer should turn to Stichting WebwinkelKeur (webwinkelkeur.nl), which will mediate free of charge. If there is still no solution, the consumer has the possibility to let his complaint be handled by the independent dispute resolution commission appointed by Stichting WebwinkelKeur, the verdict of which is binding and both entrepreneur and consumer agree to this binding decision. Submitting a dispute to this dispute committee includes costs that consumers must pay to the committee. It is also possible to submit complaints via the European ODR platform (http://ec.europa.eu/odr).
- A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.
- If a complaint is found to be justified by the entrepreneur he will either replace or repair the delivered products free of charge.
Article 18 - Disputes
- Contracts between the entrepreneur and the consumer to which these general conditions relate, are exclusively governed by Dutch law. Even if the consumer lives abroad.
- The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply.
Article 19 - Additional or different conditions
Additional and general conditions aren't allowed to be to the detriment of the consumer and should be recorded in writing or in such a way that the consumer can be stored in an accessible manner on a durable data carrier.
Article 20 - Klarna
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