Published by: MarketerIT
Issued on: 29/7/2024
Valid from: 1/8/2024
MarketerIT s.r.o. issues general terms and conditions (hereinafter referred to as "GTC"), which regulate the basic rules of the business relationship between the Company and the Customer for the sale and purchase of digital currencies through the portal https://www.bitcoinzmenaren.sk.
1.1. The company MarketerIT sro, ID number: 50772619, with registered office: Cez ohrady 738/33, Trenčín 91101, registered in the Commercial Register of the Commercial Court of Trenčín, section: Sro, insert no. 34490/R (hereinafter referred to as Trader or Merchant).
1.2. The general terms and conditions represent the conditions for the provision and use of services on the portal https://www.bitcoinzmenaren.sk/.
1.3. They regulate the relationship between the merchant and the Customer who has expressed interest in the services provided by the merchant on the portal https://www.bitcoinzmenaren.sk/.
1.4. By filling out the order form available on the portal https://www.bitcoinzmenaren.sk/ and confirming its sending, the Customer agrees to these general terms and conditions (hereinafter referred to as "T&C"), which are updated as necessary by the Merchant.
1.5. By agreeing and sending the order form, a contractual relationship is created between the Merchant and the Customer, where the Customer undertakes to comply with all obligations specified in the General Terms and Conditions.
1.6. If the Customer does not agree with any part of these GTC, he will not place the order.
2.1. Price list - containing all contractual fees related to the use of services on the portal https://www.bitcoinzmenaren.sk/. It is a separate document published at https://www.bitcoinzmenaren.sk/
2.2. Carrier – a legal or natural person providing the transportation of letter items on the basis of a contractual relationship
2.3. Cryptocurrency - digital currency that can be sold or purchased via the portal https://www.bitcoinzmenaren.sk/
2.4. Cryptocurrency address - an electronic wallet in the form of a QR code or several local codes, which serves to receive or issue cryptocurrencies;
2.5. Customer - a natural or legal person who, by completing and sending the order form, agrees to the GTC and uses the services provided through the portal https://www.bitcoinzmenaren.sk/
2.6. Contract - the business relationship between the Merchant and the Customer, which was created on the basis of filling out and sending the order form.
3.7. The value and possibility of real-world use of cryptocurrencies is based on the development of technology and trust in this technology. There is no central bank or other authority that would regulate or correct the development in order to protect the value of cryptocurrencies in a critical situation of a decrease in their values.
3.8. Customers acknowledge that there are serious risks associated with the use of Cryptocurrencies and any related networks. Customer agrees that it has read, understood and agrees to the risks set forth in this section. Customers also acknowledge that the list of risks may not be exhaustive. Risks are also associated with the Customer's activities and behaviour. It is the Customer's responsibility to educate itself on the potential risks associated with Cryptocurrency and all related networks, protocols, etc. In no event does Merchant make any warranties regarding the value of the Cryptocurrency or the security of the network(s).
3.9. The prerequisite for using the services through the https://www.bitcoinzmenaren.sk/ portal is an understanding of the mechanism of purchase and an understanding of the principle of the functioning of Cryptocurrencies as such. If the client is not sure about his knowledge of the subject, he can contact a Trader with general questions or supplement the information from publicly available sources. 3.10. The prerequisite (condition) for the purchase and sale of cryptocurrency through the portal https://www.bitcoinzmenaren.sk/ is the Customer reaching the age of 18.3.11. The merchant allows, in accordance with Act no. 297/2008 on protection against the legalization of income from criminal activities and on protection against the financing of terrorism, execution of a transaction without the need to fill out a KYC document up to a maximum amount according to the applicable limits
5.1. Creating an account on https://www.bitcoinzmenaren.sk/
5.2. The customer can register in the web interface as a condition of service provision. After registering in the web interface, the customer will be able to automatically use the following services:
5.2.1. As part of registration to the web interface, the Customer can perform the following operations:
a. The purchase of cryptocurrency is considered completed and completed when all the following operations have taken place
b. The sale of cryptocurrency is considered to be completed and settled when all the following operations take place:
6.8. is not responsible for misuse of the password to the cryptocurrency address or misuse of the Customer's email address
6.9. is not responsible for damages and losses caused as a result of the decision of the court, police and other state authorities, nor for damages and losses incurred by the Customer as a result of changes in legal regulations
6.10. is not responsible for the risks of cryptocurrencies that it cannot influence
in any way6.11. does not guarantee the market price of cryptocurrency in the future, as the price of cryptocurrency is highly volatile
7.5. acknowledges that the current legal regulation of cryptocurrency and its trading is only general and not fully sufficient, while this state, as well as the interpretation of the relevant applicable legal norms, may change in the future and commits to these changes, as well as related changes of these GTC, fully respect
7.6. agrees to the collection, storage and processing of personal data contained in the Merchant's order form for the purpose of buying and selling cryptocurrencies
7.7. acknowledges that the provision of personal data is voluntary, but if it concerns personal data that the Merchant requires for the identification and verification of the client according to Art. 9 of these GTC, their provision to the Merchant is a condition for the completion of the transaction
7.8. undertakes to provide the Merchant with true information and data, in connection with the use of services and the identification of those interested in the services, he also undertakes not to provide any false information during the execution of the transaction
7.9. In order to ensure the proper provision of services, the Customer is obliged to inform the Merchant without undue delay about:
a) to change your identification data
b) any facts that may make the Customer a Person with a special relationship to the Merchant (e.g. a member of a statutory body),
c) changes in the facts determining the status of a Politically Exposed Person,
d) loss of documents identifying the Customer
e) loss of access data to the web interface
7.10. At the Merchant's request, the Customer is obliged to prove and document the origin and source of funds, as well as to notify the Merchant of all information and prove the facts that the Merchant is obliged to ascertain, including documenting the purpose and nature of the relevant transaction.
7.11. Authenticity and correctness of submitted documents. The trader acts in confidence in the authenticity and truthfulness of the documents, documents and information provided, while he is not obliged to accept them if he has justified doubts about them
7.12. undertakes to pay the purchase price in accordance with the received payment instructions by non-cash transfer from a bank account held in his name or by direct cash deposit to the Merchant's bank account in the case of purchasing cryptocurrency via the portal https://www.bitcoinzmenaren.sk/
7.13. undertakes to send the appropriate amount of cryptocurrency from the Customer's cryptocurrency address to the Merchant's cryptocurrency address in case of sale of cryptocurrency via the portal https://www.bitcoinzmenaren.sk/
7.14. undertakes to use exclusively his own funds, or cryptocurrency belonging exclusively to him, not to a third party, to carry out the transaction
7.15. undertakes to use only its bank account in the name of the Customer to execute the trade. In the event that the name of the bank account from which the funds will come for the purpose of the order to the Merchant's account does not match the Customer's details filled in the Customer's profile, the Customer acknowledges that the Merchant may refuse to execute the transaction.
7.16. acknowledges that payment of the purchase price in accordance with the received payment instructions by transfer from a third party's bank account in the case of a cryptocurrency purchase is not permissible
7.17. acknowledges that depositing cryptocurrency owned by a third party and/or from a third party's cryptocurrency address in case of sale of cryptocurrency is not permissible
8.5. The customer acknowledges that the business conditions are governed by the limits and the Price List listed on the website www.bitcoinzmenaren.sk.
8.6. The customer cannot withdraw from the completed transaction, e.g. due to a significant drop in the price of the cryptocurrency that is the subject of the transaction. The customer can only enter an instruction for a new transaction.
9.1. If the Customer decides to use the services of the internet portal https://www.bitcoinzmenaren.sk/, he is obliged to provide the Merchant with the required information that is in accordance with the facts:
9.3. The Merchant also reserves the right to demand from the Customer proof of identity card or other identity card, proof of the existence of a legal entity and a document proving the identification of a person authorized to act on behalf of a legal entity and other documents required under Act No. 297/2008 Coll. on protection against the legalization of income from criminal activity and on protection against the financing of terrorism, as amended.
9.4. Customer identification is carried out in accordance with Act no. 297/2008 Coll. and in accordance with the Merchant's internal directive, according to the Merchant's instructions, by the Merchant's mutual communication with the Customer after the execution
9.5. The Merchant will refuse to carry out the transaction with the Customer in the event that:
9.6. Customers - those interested in services via the web address https://www.bitcoinzmenaren.sk/ use their real names and surnames alt. Business name/address and undertake to provide true information. In connection with the use of the services and the identification of those interested in the services, the Customers undertake not to provide any false information during the transaction.
9.7. The trader is entitled to determine the scope of the required documents and information. As part of its obligations arising from legal regulations, the Merchant is entitled to repeatedly identify and control the Customer in order to fulfill its information obligation, to find out and process data about the Customer, to keep records of the data obtained in this way, all in accordance with the contractual arrangements and valid legal regulations.
9.8. The Merchant allows the purchase "without verification", whereby the Customer has to make a verification, phone number, email and entering the First and Last Name in their profile. The account holder's name must match the bank account holder. In the event that the Customer chooses to use the "No Verification" option, the Customer may only execute trades according to the limits specified for Level 0, which are set out in the Pricing and Limits section of the www.bitcoinzmenaren.sk . All trades in this mode must be made via a bank transaction and therefore by bank transfer only.
9.9. If the Customer decides to use the services provided by the Merchant in the "without verification" mode, the Merchant will impose a "protection period" on the first order or other orders to other than an external wallet with suspicious characters for a period of 14 days from the date on which the Merchant has received payment for the first order to its bank account.
9.10. An order within the "protection period" will be processed by the Merchant, i.e. the purchase and/or sale will occur as instructed by the Customer, but will not be sent to the Customer's cryptocurrency address (in the case of cryptocurrency purchase or crypto to crypto exchange) and/or bank account (in the case of cryptocurrency sale).
9.11. In the event that the Customer has any order in "protection period" mode, no other order will be processed for the Customer until the "protection period" has expired. Clauses 6.5 and 6.4 of these GTC do not apply in this case.
9.12. Clause 9.9 does not apply if the first order does not exceed EUR 30.
9.13. If the Trader processes the order within the protection period (provides the necessary information or documents), the protection period may be shortened. Otherwise, the protection period expires at the end of 14 days. This does not apply if the trader discovers information or documents that prevent the expiry of the protection period.
9.14. The protection period does not apply to orders placed on an internal wallet as defined in clause 5.2 of these GTC
9.15. The protection period does not apply if the Customer only makes a top-up to their account and if it is a sales transaction.
9.16. The Merchant is obliged to maintain the confidentiality of information concerning the Customer. To persons other than the Customer, the Merchant may communicate information regarding the Customer only if this is permitted by general legal regulations, or if the Customer has given her consent.
9.17. Provision of Article 9.16. does not apply if the provision of personal information is requested by an authorized body of the state administration.
9.18. Merchant as a person liable under Act no. 297/2008 Coll. on protection against the legalization of income from criminal activity and on protection against the financing of terrorism, as amended, according to § 19, they are obliged to process and store all information about the Customer for the duration of the contractual relationship and 5 years after the termination of the contractual relationship.
10.1. Creating an account in the Web interface is a necessary condition for the management and control of the Customer's transactions. Access to the Web interface is via the Merchant's website. The web interface can be used 24 hours a day, 7 days a week.
10.2. The web interface is used to review all completed transactions that were carried out on the Customer's account. At the same time, the web interface allows the Customer to perform basic operations such as exchanging cryptocurrency, ordering or redeeming vouchers, exchanging cryptocurrency for ATM withdrawals within the range of services offered by the Merchant.
10.3. The basic technical minimum, which is a prerequisite for the reliable functioning of the Web interface
10.4. The Merchant has the right, without prior notice, to change the graphic form and format of the Web interface and the Merchant's web pages through which the Customer has access to the Web interface
10.5. Customers using the Web interface have the obligation to protect their access data and to take all measures so that this data is not accessible to third parties. In particular, these are obligations:
11.1. The merchant processes personal data in accordance with Act no. 122/2013 Coll. on the protection of personal data, as amended, and according to the provisions of Parliament and Council Regulation (EU) 2016/679 on the protection of natural persons in the processing of personal data and on the free movement of such data (GDPR) and is duly registered as an administrator at the Office for personal data protection in the Slovak Republic.
11.2. The customer agrees to the collection, storage and processing of personal data contained in the merchant's order form for the purposes set out below. This consent is granted for all data contained in the said form:
11.3. The customer is aware of his rights in accordance with Act no. 122/2013 Coll. on the protection of personal data as amended and the provisions of Regulation (EU) 2016/679 of the Parliament and the Council on the protection of natural persons in the processing of personal data and on the free movement of such data (GDPR)
11.4. All customer data provided in the form, as well as all data provided by the customer, including personal data, are collected and processed by the Merchant exclusively for the purpose of carrying out transactions in accordance with Act no. 297/2008 Coll. on protection against the legalization of income from criminal activity and on protection against the financing of terrorism, as amended and in accordance with Act no. 122/2013 Coll. on the protection of personal data as amended and according to the provisions of Regulation of the Parliament and the Council (EU) 2016/679 on the protection of natural persons in the processing of personal data and on the free movement of such data (GDPR)
11.5. The trader declares that he will collect personal data for the fulfillment of the specified purpose and process them in accordance with the purpose for which they were collected. Employees of the Merchant or other natural persons who process personal data on the basis of a contract with the Merchant and other persons are obliged to maintain the confidentiality of personal data, even after termination of employment or work.
11.6. The provision of personal data is voluntary, however, if it concerns personal data required in the order form and the provision of data required for customer identification in accordance with Art. 9 of these GTC, their provision to the Merchant is a condition for the transaction.
11.7. A customer who has successfully purchased or sold a cryptocurrency via https://www.bitcoinzmenaren.sk/ agrees that the Merchant is entitled to send him any email messages, especially information about the news and options he offers.
12.1. Delivery of Shipments is carried out by the Merchant either to the Customer's permanent address, via a registered e-mail address or telephone number. If the Customer and the Merchant agree on another method of communication, then the delivery of the parcels is carried out in this agreed way (e.g. data box).
12.2. The customer can raise questions via the client phone line, via chat or through the ticketing system. All communication options are listed on the Merchant's website.
12.3. Shipments sent by post intended for the Merchant must be delivered to the address of the Merchant's headquarters, unless the Merchant notifies the Customer otherwise.
12.4. Shipments sent via electronic mail are considered delivered the moment the relevant system used to transfer the shipment confirms its successful sending.
13.1. Complaints are processed according to the Merchant
's applicable complaint procedure13.2. The text of the complaint procedure in its valid version is published on the Merchant
's website14.1. The trader is entitled to change the content of the General Terms and Conditions as a result of changes in legislation or circumstances affecting his activity. If the Customer does not agree with the change of GTC, he has the right to withdraw from the contract.
14.2. Withdrawal from the contract does not have to be justified in this case, but must be made in writing and delivered in accordance with the provisions of the article Delivery of shipments and mutual communication.
14.3. The GTC of using the website https://www.bitcoinzmenaren.sk/ as well as all their changes are subject to the legal norms of the Slovak Republic. The GTC will be governed and interpreted in accordance with the legal regulations of the Slovak Republic.
14.4. Any dispute that arises between the Customer and the Merchant will be resolved amicably by the disputing parties, otherwise all disputes that arise are subject to the jurisdiction of the relevant courts of the Slovak Republic.
14.5. The supervisory authority is the Slovak Trade Inspection:
SOI Inspectorate for the Trenčín Region, Hurbanova 59, 911 01 Trenčín, tel. no. 032/6400 109, http://www.soi.sk
14.6. Another form of possible dispute resolution is the ODR platform: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=SK