General terms and conditions of sale and purchase of digital currencies provided by MarketerIT s.r.o.

Published by: MarketerIT Issued on: 7/3/2024 Valid from: 7/3/2024

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. Basic provisions

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 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. Interpretation of terms

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;

  • it is possible to create it directly in two-way BITCOINMAT machines
  • or instructions for creating a wallet can also be found on the portal www.bitcoinmat.sk: http://www.bitcoinmat.sk/clanky-a-oznamy/kde-zalozit-bitcoin-penazenku/

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. Notice

3.1. Cryptocurrency, according to these GTC, mainly means Bitcoin (BTC), Litecoin (LTC) and others.

3.2. Cryptocurrencies are not legal currencies in the Slovak Republic, which means that they are not regulated by legal regulations governing payment and exchange services (ie Act No. 492/2009 Coll. on Payment Services and on Amendments to Certain Acts as amended; Act No. 202 /1995 Coll. The Foreign Exchange Act and the Act Amending the Act of the Slovak National Council No. 372/1990 Coll. on Offenses as amended) and thus do not fall under the regulation and supervision of the National Bank of Slovakia.

3.3. Cryptocurrencies are highly volatile, so cryptocurrency trading involves a high level of risk.

3.4. Cryptocurrency exchange rates against legal currencies can experience sharp fluctuations even within a day. Thanks to these fluctuations, the client can experience a sharp gain or a sharp loss of his cryptocurrency portfolio, at any moment, as a result of the client's purchase or sale of cryptocurrency.

3.5. 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.

3.6. Cryptocurrencies are autonomous and widely unregulated worldwide systems of a special network of companies and individuals. Those who buy or sell cryptocurrencies express their trust in a digital, decentralized and partially anonymous system that depends on a P2P network and cryptography to function. Confidence in cryptocurrencies can end in an instant, e.g. unexpected software development, government measures, development of cryptocurrencies with better features, etc. Trust can also be lost due to the loss or theft of cryptocurrencies or the interruption of transactions by hackers or the government. Other risks may also appear that are not foreseen in these GTC.

3.7. The condition for using the services through the portal https://www.bitcoinzmenaren.sk/ is to understand the purchase mechanism and the principle of functioning of cryptocurrencies as such. If the client is not sure of his knowledge of the given issue, he can contact the merchant or supplement the information from publicly available sources.

3.8. 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.

3.9. 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 for a maximum amount of EUR 15,000.

4. Contract documentation

4.1. In addition to the General Terms and Conditions, the Merchant publishes a Price List, which contains prices for the services provided and for actions related to the purchase, sale and exchange of cryptocurrency.

4.2. The customer undertakes to always be properly familiar with the General Terms and Conditions and the Price List that applies to the specific service provided.

5. Services provided

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:
  • Crypto account - creating your own crypto wallet
  • Cash account – this is not a bank cash account, but an account that records a balance in the specified currency.

5.2.1. As part of registration to the web interface, the Customer can perform the following operations:

  • Crypto exchange
  • Purchase and sale of cryptocurrencies and trade settlement
  • Creating and redeeming a voucher

5.3. Sale and purchase of cryptocurrency through the portal https://www.bitcoinzmenaren.sk/

a. The purchase of cryptocurrency is considered completed and completed when all the following operations have taken place

  • by filling in and sending the order form to the Customer
  • performed identification according to Art. 9 in these GTC
  • by sending payment instructions for payment of the purchase price
  • by depositing the relevant amount in EUR to the Merchant's bank account, depending on the type of transaction
  • by the Merchant contacting the Customer and notifying the current exchange rate within 72 hours of receipt of the purchase price to the relevant bank account by sending an email message to the Customer's email specified in the order form
  • by approval of the announced exchange rate by the Customer within 15 minutes of sending the rate to the Merchant
  • by subsequent transfer of the agreed amount of cryptocurrency to the Customer's cryptocurrency address specified in the order form, the transaction is considered completed

b. The sale of cryptocurrency is considered to be completed and settled when all the following operations take place:

  • by filling in and sending the order form to the Customer
  • performed identification according to Art. 9 in these GTC
  • by sending payment instructions for depositing cryptocurrency
  • by depositing cryptocurrency to the Merchant's cryptocurrency address account
  • by the Merchant contacting the Customer with notification of the current exchange rate within 72 hours of receipt of the purchase price to the Merchant's cryptocurrency address by sending an email message to the Customer's email specified in the order form
  • by approving the announced exchange rate by the Customer within 15 minutes of sending the e-mail to the Merchant
  • by subsequent transfer of the relevant financial amount in EUR to the Customer's bank account specified in the order form, the transaction is considered completed

6. Rights, duties and responsibilities of the merchant

6.1. undertakes to carry out identification and verification according to the appropriate care in relation to the client according to Act no. 297/2008 on protection against the legalization of income from criminal activity and on protection against the financing of terrorism, and reserves the right to request from the Customer the data specified in Art. identification of the customer of these GTC

6.2. The merchant undertakes to carry out the Customer's instructions with professional care.

6.3. undertakes to process and collect personal data for the fulfillment of the stated purpose in accordance with Act no. 122/2013 Coll. on the protection of personal data as amended and is duly registered as an administrator at the Office for the Protection of Personal Data in the Slovak Republic

6.4. undertakes within 72 hours of receiving the financial amount to the bank account or the corresponding amount of cryptocurrency to the merchant's cryptocurrency address, to contact the Customer and inform him of the current exchange rate

6.5. undertakes to send the relevant amount of cryptocurrency to the cryptocurrency address or the financial amount to the Customer's bank account immediately after the exchange rate has been approved by the Customer. 6.6. is not responsible for lost transactions after they have been sent to the Customer

6.7. is not responsible for the interruption or other deterioration of the services provided through the portal www.bitcoinmat.sk as a result of unexpected events that occur, in particular war, strike, fire, flood, earthquake and other natural disasters and calamities; terrorist attacks; failure of telecommunication operations, which are able to affect the functioning of the portal www.bitcoinmat.sk

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 way

6.11. does not guarantee the market price of cryptocurrency in the future, as the price of cryptocurrency is highly volatile

7. Customer

's rights, obligations and responsibilities 7.1. the obligation to carefully consider whether his financial situation and ability to assess the risk correspond to the nature of the purchase or sale of cryptocurrency and to carry out the purchase or sale only after this careful consideration

7.2. The customer agrees to a handling fee of EUR 2 for each transaction.

7.3. at the same time, he fully acknowledges the aforementioned risks and the fact that the Merchant cannot influence these risks in any way and is therefore not responsible for them

7.4. acknowledges that the Merchant has been informed of the danger of cryptocurrency price fluctuations

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. 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

7.16. 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. Cancellation of the order and withdrawal from the contract via the portal https://www.bitcoinzmenaren.sk/

8.1. The Merchant reserves the right to cancel the Customer's order without giving a reason, until the time of the trade - transaction (purchase or sale of cryptocurrency), of which he will notify the Customer without undue delay by sending the cancellation of the order to the Customer's e-mail address specified in the order. In the event that the Customer has already transferred the purchase price to the Merchant's bank account or cryptocurrency address, the Merchant will send the purchase price, reduced by transaction fees, back to the Customer's bank account or cryptocurrency address from which it was sent to the Customer, without unnecessary delay.

8.2. The merchant reserves the right to cancel the Customer's order on the basis of suspicion of violation of Act no. 297/2008 Coll. on protection against the legalization of income from criminal activity and against the financing of terrorism

8.3. The Merchant reserves the right to cancel the order if the exchange rate is not agreed upon within 15 minutes of sending the Merchant's email to the Customer and if the Customer does not notify the Merchant of resending the email to agree the exchange rate

8.4. The customer has the right to cancel the confirmed order without giving a reason, up to the time of execution of the transaction, by sending the cancellation of the order to the Merchant's e-mail address support@bitcoinmat.org. In the event that the purchase price has already been remitted to the Merchant's bank account or cryptocurrency address by the Customer before the cancellation of the order, the Merchant will send the purchase price, reduced by transaction fees, back to the Customer's bank account or cryptocurrency address, from which was sent.

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. Customer identification and submission of documents

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:

  • Name and surname of a natural person alt. Business name/name of legal entity
  • Birth number, date of birth alt. IČO
  • Permanent residence alt. residence
  • Valid email address
  • Bank account in the form of IBAN
  • Cryptocurrency address (Customer's electronic wallet account)
  • Telephone contact
  • Identity document
  • Any other documents and data that the Merchant considers necessary

9.2. The merchant is a person liable pursuant to § 5 of 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 reserves the right to identify the Customer - interested in buying or selling cryptocurrencies according to § 7 of the said law, in the manner specified in § 8 of the said law . For this purpose, the Merchant reserves the right to request the following data from Customers (those interested in buying or selling cryptocurrencies):
  • Name and surname of a natural person alt. Business name/name of legal entity
  • Birth number, date of birth alt. IČO
  • Permanent residence alt. residence
  • Valid email address
  • Bank account in the form of IBAN
  • Cryptocurrency address (Customer's electronic wallet account)
  • Telephone contact
  • Identity document
  • Any other documents and data that the Merchant considers necessary

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:

  • the Customer refuses to submit to identification
  • if identification is not possible for another reason
  • if he has doubts about the truth of the information provided by the Customer
  • if he has doubts about the authenticity of the submitted documents

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", while the Customer must verify the phone number, email and enter the Name and Surname in his profile. The name of the account holder must match the bank account holder. In the event that the Customer decides to use the "no verification" option, he can only trade according to the limits specified for Level 0, which are listed in the Frequently Asked Questions (FAQ). All transactions in this mode must take place through a bank transaction and therefore exclusively by bank transfer.

9.9. 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.

9.10. Provision of Article 9.8. does not apply if the provision of personal information is requested by an authorized body of the state administration.

9.11. 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. Web interface

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

  • Operating system: Microsoft Windows Vista and above, Mac OS, Linux.
  • Web browser: Internet Explorer 10.0, Mozilla Firefox 3.7, Opera 31, Google Chrome 49, Safari 9.0.3.
  • Basic resolution from 1024 x 768.

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:

  • Do not disclose access data (password, authorization email) to a third party in any way
  • Do not store them on permanent data carriers or leave them accessible to unauthorized persons
  • Inform the Merchant without undue delay about the suspicion that access data may have been disclosed to unauthorized persons.
  • Immediately report the loss, theft or misuse of access data
  • Do not leave your computer or communication device while logging into the Web interface
  • Use only properly secured computers or communication devices
  • Change the password whenever the Customer is asked to do so by the Merchant, for security reasons it is recommended to change access data every 3 months.

11. Protection of personal data

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:

  • Name and surname of a natural person alt. Business name/name of legal entity
  • Birth number, date of birth alt. IČO
  • Permanent residence alt. residence
  • Valid email address
  • Bank account in the form of IBAN
  • Cryptocurrency address (customer's electronic wallet account)
  • Telephone contact
  • Identity document

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. Delivery of shipments and mutual communication

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. Complaints procedure

13.1. Complaints are processed according to the Merchant

's applicable complaint procedure

13.2. The text of the complaint procedure in its valid version is published on the Merchant

's website

14. Application of applicable law

14.1. 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