§ 1
Preliminary provisions
1. The service provider and service provider in the field of Cryptocurrency exchange is Interior Capital, which in the scope of its activities offers the provision of services for the exchange of Cryptocurrencies for cash.
2. These Terms and Conditions set out the conditions and rules for the provision by Interior Capital of the service consisting in the sale to the Client of Cryptocurrencies and payment of remuneration in Polish currency or the purchase to the Client of Cryptocurrencies for funds transferred by the client in Polish currency.
3. In matters not regulated in the Regulations, the generally applicable provisions of Polish law apply. The provisions of the Act of 30 May 2014 on consumer rights apply to distance contracts concluded between the Service Provider and the Customer who is a consumer.
§ 2
Definitions
1. Form — a form provided on the Website intended for the Customer to provide data concerning the Order and the Service.
2. Interior Capital — Interior Capital sp. z o. o. with its registered office in Wrocław (53-676), at 7/17 Sokolnicza Street, loc. 6, NIP: 8971863222, REGON: 382390433, entered into the register of entrepreneurs maintained by the District Court for Wrocław-Fabryczna in Wrocław, VI Commercial Division of the National Court Register under KRS number: 00007676733 986, share capital PLN 50,000, e-mail: biuro@cashify.eu.
3. Customer — a natural person who concludes a contract on his own behalf and places an Order for the purchase or sale of Cryptocurrencies as part of the Service provided by the Service Provider.
4. Consumer — An adult natural person, having full legal capacity, using the Services and placing an Order in the scope not directly related to his business or professional activity, or an adult natural person, having full legal capacity, using the Services and placing the Order in the scope directly related to his business activity, when the content of this agreement results from the content of this agreement that it does not have a professional character for the Client, resulting in particular from the object performed by him economic activity, made available on the basis of the provisions on the Central Register and Information on Economic Activity.
5. Cryptocurrency — a digital representation of value that can be transmitted by means of information technologies and used as a means of exchange, unit of account or means of storage of value, but does not have the status of an official means of payment, included in the list constituting Annex No. 2 to these Regulations.
6. Communicator — software used for communication between the Service Provider and the Client, allowing to place the Order and determine the scope and manner of performance of the service.
7. Payment Operator — an external entity through which the payment of funds to the Client or the payment of funds to the Service Provider is carried out, i.e. Polski Standard Peyamenti Sp. z o.o. with its registered office in Warsaw at ul. Czerniakowska 87a, registered in the District Court for the City of Warsaw in Warsaw, XIII Commercial Division of the National Court Register under KRS no. 0000493737 83, NIP: 5213664494, REGON: 147055889, which provides the BLIK payment scheme.
8. Transfer fee — a fee charged by the Service Provider for technical operations related to the provision of the Service.
9. Cryptocurrency Wallet — a device or software that is compatible with a system that allows you to exchange Cryptocurrencies and allows you to store or trade different types of Cryptocurrencies.
10. Commission — the amount of remuneration due to the Service Provider for the performance of the Service in accordance with the Table of Fees and Commissions constituting Appendix No. 3 to the Regulations.
11. Terms and Conditions - these Terms and Conditions together with the Annexes, setting out the terms and conditions of use of the Service.
12. Website — the Service Provider's website located at https://cashify.eu/, through which the Service Provider provides services to Clients described in detail in these Regulations, and in particular enables the conclusion of distance contracts indicated in these Regulations.
13. Service — a service provided by the Service Provider for remuneration, consisting in the purchase or sale of Cryptocurrency to the Client under the conditions and rules specified in these Regulations and the transfer of Cryptocurrencies or funds obtained from their sale to the Client.
14. Service Provider — within the meaning of these Terms and Conditions, the service provider is Interior Capital.
15. ATM — a self-service device used to deposit money into bank accounts, or transfer money to bank accounts using a Payment Operator.
6. ATM — a self-service device used to withdraw money from the holder's bank account or withdraw money addressed to the recipient from the Payment Operator.17. Order — an order to perform the Service by the Service Provider submitted by the Customer.
§ 3
Placing an order
1. The Customer places the Order by contacting the Service Provider by telephone or using the Messenger.
2. Filling out and sending the Form on the Website of the Service Provider or sending the message referred to in paragraph 4 using the Messenger will initiate contact on the part of the Service Provider in order to place the Order and
specify the parameters of the Service. It is necessary to send the Form to accept the content of these Regulations, as well as to confirm the age of majority of the Customer.
3. In the Form, the Client is obliged to provide basic information related to the Order, i.e.:
a) the type of Service indicating whether it is a service related to the purchase of Cryptocurrencies or the sale of Cryptocurrencies;
b) the amount of purchase or sale of Cryptocurrencies;
c) the date of the transaction, provided that it cannot be earlier than the date of filling in the Form and placing the Order;
d) the contact telephone number or username of the instant messenger;
e) indication of the user name.
4. A request to contact the Service Provider regarding the placing of the Order may also be made by means of the Messenger by sending to the Service Provider a text message containing the information specified in paragraph 3 of this paragraph.
5. The Service Provider shall contact the Customer by telephone or by means of a Messenger in order to provide the Customer with the conditions for performing the Service, and in particular the estimated amount:
a) funds that the Client will receive for the sale of Cryptocurrencies minus the amount of the Commission charged by the Service Provider for the performance of the Service and the Transfer Fee;
b) the funds that the Customer must pay to the Service Provider for the purchase by the Service Provider for the Client of Cryptocurrencies, plus the amount of the Commission charged by the Service Provider for the performance of the Service; and
Transfer fee.
6. The converted amounts referred to in paragraph 5 (a) and (b) are calculated on the basis of the Cryptocurrency exchange rate applicable at the Service Provider at the time of contact with the Client, established in accordance with paragraph 4 of this paragraph.
7. During the telephone contact of the Service Provider with the Client, the Client shall be obliged to confirm the placing of the Order with a certain content, proposed by the Service Provider and confirmation of receipt from the Service Provider of the final terms of the Service, including: the Client will receive from the Service Provider an e-mail or via a message on the messenger provided during the placing of the Order, with the final terms of performance of the Service, of which:
a) with the final amount of funds that the Client will receive for the sale of Cryptocurrencies, the amount of the Commission charged by the Service Provider for the performance of the Service and the amount of the Transfer Fee - in the case of the Service consisting in the sale to the Client of Cryptocurrencies;
b) with the final amount of funds that the Client must pay to the Service Provider for the purchase by the Service Provider for the Client of Cryptocurrencies, the amount of the Commission charged by the Service Provider for the performance of the Service, the amount of the Transfer Fee — in the case of the Service consisting in the purchase for the Client of Cryptocurrencies;
c) the quantity and type of Cryptocurrencies sold — in the case of the Service consisting in the sale to the Client of Cryptocurrencies;
d) the amount and type of Cryptocurrencies purchased — in the case of the Service consisting in the purchase of Cryptocurrencies for the Client;
e) the date of performance of the Service.
8. At the Customer's request, the Customer will receive an e-mail from the Service Provider, to the address provided when filling out the form or placing the Order, with the final terms of performance of the Service described above.
9. In the case of performing the Service consisting in the purchase of Cryptocurrencies for the Client, the Client is obliged to transfer the funds necessary for the purchase of Cryptocurrencies, the amount of the Commission due and the Amount of the Transfer Fee due before performing the Service through the Payment Operator. The Service may be performed by the Service Provider for the Customer only after full payment of the funds necessary for the execution of the Order, through the Payment Operator. In the event that the Customer does not transfer funds to the Service Provider, the Service Provider cancels the Customer's Order and will not be obliged to execute it.
10. In the case of performing the Service consisting in the purchase of Cryptocurrencies for the Client, the Client shall be obliged to provide the Service Provider with the identification data of the Client's Cryptocurrency Wallet to which the Cryptocurrencies are to be transferred.
11. In the case of the implementation of the Service consisting in the sale of the Client's Cryptocurrencies, the Client is obliged to transfer the sold Cryptocurrencies before performing the Service to the wallet of the Service Provider or another wallet indicated by the Service Provider.
12. The Service may be performed by the Service Provider for the Client only after the transfer of Cryptocurrencies that are the subject of the Service in the amount that was specified in the Order.
13. In the case of the implementation of the Service consisting in the sale of the Client's Cryptocurrencies, the financial resources obtained by the Service Provider from the sale of Cryptocurrencies to the Client, less the amount of the Commission and the transfer fee, shall be transferred to the Client through the Payment Operator.
14. The Service Provider provides Services to the Client only in the scope of Orders:
a) in which the value of the funds obtained from the sale of the Cryptocurrency to the Client, plus the amount of the Commission and the Transfer Fee due, will not exceed the amount of PLN 4,000.00 or 1,000.00 euros, depending on which of these amounts will be less, and
b) in which the value of the funds allocated for the purchase of the Cryptocurrency plus the amount of the Commission and the Transfer Fee due will not exceed PLN 4,000.00 or 1,000.00 euros, depending on which of these amounts will be less.
15. In case of placing an Order for the performance of the Service, the value of which exceeds the amounts specified in paragraph 13 of this paragraph, such Order will be canceled by the Service Provider and will not be executed for the Customer.
16. The Service will be performed by the Service Provider for the Client only under the terms of these Regulations and generally applicable law and subject to prior acceptance of the Regulations. The basis for the performance of the Service is the effective submission of the Order in accordance with these Regulations and its acceptance by the Service Provider.
17. In connection with the limits of the Service Provider in the scope of performing Services for the Customer, the Service Provider may refuse to execute the Order at any time or propose another date for execution of the order without giving a reason, for which the Service Provider will not be liable.
§ 4
Transfer of funds
1. All payments of the Client's funds to the Service Provider related to the implementation of the Service in connection with the placed Order shall be transferred through the Payment Operator. The Customer is obliged in this respect to carry out the instructions of the Service Provider to the extent necessary to make the payment.
2. The payment of funds by the Client to the Service Provider shall be made in cash form through the ATM, which allows the payment of funds through the Payment Operator.
3. Payment of funds by the Service Provider to the Client for the performance of the Service shall take place through the Payment Operator. The Customer is obliged in this respect to carry out the instructions of the Service Provider to the extent necessary to make the payment.
4. Withdrawal of funds by the Client to the Service Provider shall be made in cash form through an ATM, which allows the withdrawal of funds through the Payment Operator.
5. Deposits and withdrawals of funds are made only in Polish currency.
§ 5
Client's Obligations
1. The Customer is obliged to provide correct and true data in the Form and via the Messenger. In the event of reasonable doubts as to the veracity of the data provided, the Service Provider shall
the right to suspend the execution of the Order until all doubts are clarified or to reject the Order.
2. The Customer is obliged to comply with the provisions of generally applicable law and these Regulations. By placing an Order, the Customer accepts the Terms and Conditions and agrees to be bound by the Regulations, as well as agrees to perform the Service in accordance with the Regulations. The Service Provider reserves that it may introduce another way of accepting the Terms and Conditions during the performance of the Service.
3. The Customer using the Service is obliged to exercise due diligence and not to act to the detriment of the Service Provider.
4. The Customer may use the Services only for its own purposes, corresponding to the purposes and characteristics of the Service and may not act as an agent of a third party or act on behalf of a third party. When providing data, the customer does not have the right to use the data of others and can only provide his data.
5. In the case of Services requiring the provision of data of the Cryptocurrency Wallet, the Client is obliged to provide the correct data of the Cryptocurrency Wallet belonging to the Client. It is forbidden to provide the data of the Cryptocurrency Wallet of third parties or the data of the Cryptocurrency Wallet that does not belong to the Customer.
6. With the acceptance of these Terms and Conditions, the Customer agrees to the recording by the Service Provider of all correspondence, including correspondence conducted through the Messenger, as well as the recording of telephone conversations conducted with the Service Provider, which relate to the implementation of the Service.
§6
Blocking Services
1. The Service Provider has the right to periodically block the Customer's access to use the Services, due to ongoing modernization works or in the event of other circumstances preventing the implementation of the Services, including as a result of circumstances on the part of the Payment Operator.
2. The Service Provider has the right to periodically or permanently block the access of a given Customer to the Services or the placing of Orders for the Services, if it has a reasonable suspicion or receives information that the Customer uses the Services in a manner that violates or threatens to violate the provision of generally applicable law or the Regulations. In this case, the execution of Orders placed by the Customer will be canceled by the Service Provider.
3. At any time, both before and after the performance of the Service, the Service Provider may contact the Customer by e-mail or by telephone with a request to confirm the contact details provided in the Form or for
through the Messenger, data concerning the Order, personal data of the Client by sending documents certifying identity. In such a situation, the execution of Orders placed by the Customer is suspended until
Obtain the appropriate confirmations.
4. In case of verification of negative information specified in paragraph 3 of this paragraph, the Service Provider has the right to cancel all Customer Orders placed with the Service Provider and not executed by the Service Provider, as well as to block the Customer's access to placing Orders or refuse to perform the Services for the Customer.
5. At any time after placing the Order, he may contact the Customer by e-mail or by telephone with a request:
a) provide documents proving identity (ID card, passport);
b) provide the Tax Identification Number;
(c) document the Customer's place of residence and sources of income — in accordance with the guidelines set out in the Anti-Money Laundering and Terrorist Financing Act of 1 March 2018 and Regulation (EU) 2015/847 of the European Parliament and of the Council of 20 May 2015 on information accompanying transfers of funds, as well as the recommendations of the Financial Action Task Force (FATF). Until the above information is obtained from the Customer, the provision of Services for the Customer is suspended by the Service Provider.
§7
liability
1. The Service Provider shall not be liable for non-performance or improper performance of the Service due to circumstances beyond the control of the Service Provider, for random reasons or for reasons attributable to third parties, including the Operator
Payments.
2. The Service Provider is not responsible for non-performance or improper performance of the Services due to circumstances for which the Customer is responsible, in particular if the Customer has provided false or incorrect data in the Form or via the Messenger, and in particular the Service Provider is not responsible for the non-performance or improper performance of the Service in the event that the Customer has provided the Service Provider with incorrect or incorrect or incorrect performance of the Service. Cryptocurrency Wallet data.
3. The Service Provider shall not be liable for non-performance or improper performance of the Services in the event that it receives information that the Client intends to use or uses the Service in a manner that violates or threatens to violate the provision of generally applicable law or the Regulations.
4. The Service Provider is not responsible for not notifying the Customer of the fact and reasons for non-performance or improper performance of the Services in the event of circumstances independent of the Service Provider, in particular if the Service Provider does not have the Customer's contact details or if the Customer has provided false or incorrect contact details in the Form.
5. Subject to the mandatory provisions of law and within the limits specified by them, the Service Provider shall not be liable for any damages suffered by third parties, directly or indirectly related to the use of the Services by the Customer, unless the damage to a third party results from the intentional action of the Service Provider or gross negligence.
6. Subject to the mandatory provisions of law, the Service Provider shall not be liable for any damages, including indirect and direct damages of the Client, arising from circumstances on the Client's side, including in particular from the defects of the devices through which the Client contacts the Service Provider or through which he/she receives the purchased Cryptocurrencies.
7. The Service Provider shall not be liable for any direct or indirect damages of the Customer resulting from the Client's actions that are inconsistent with the generally applicable law or the provisions of these Regulations, in particular incompatible with the provisions of generally applicable law or the Regulations.
8. To the fullest extent permitted by generally applicable law, the Service Provider shall not be liable for the Customer's failure to achieve the goals or benefits assumed by the Customer in connection with the Service Order or the performance of the Service itself.
9. The Service Provider is not responsible for permanent or periodic blocking of the Customer's access to the possibility of Ordering Services, related to interruptions in the provision of electronic, telecommunications, banking or payment services,
provided to the Customer as well as in connection with interruptions in the provision of the aforementioned services on the Customer's devices.
§ 8
Personal data
1. Customers' personal data will be processed in accordance with the provisions of the Act of 10 May 2018 on the protection of personal data (i.e. Journal of Laws of 2019, item 1781 as amended) and the Regulation of the European Parliament and of the Council (EU) of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (general regulation on data protection).
2. The administrator of personal data is the Service Provider. Detailed rules for the processing of personal data of Clients and Participants are contained in the Privacy Policy available in the tab: https://cashify.eu/polityka-prywatnosci/Usługodawca is entitled to process personal data of the Client who is a natural person, necessary for the provision of the Service, carrying out the complaint procedure, exercising the right of withdrawal, as well as exercising the rights arising from the contract concluded with the Client. In addition, the Service Provider is entitled to
processing of the Customer's personal data in case of obtaining information about the Customer's use of the Service in a manner inconsistent with the applicable law or the Regulations, in order to determine the Customer's responsibility.
§ 9
Provision of services by electronic means
1. The service provider is also a service provider of services provided electronically within the meaning of the Act of 18 July 2002 on the provision of services by electronic means. These Regulations constitute at the same time the regulations for the provision of services by electronic means within the meaning of Article 8 of the aforementioned Act.
2. The Service Provider provides services electronically in accordance with these Regulations.
3. Starting by the Customer using the Services covered by the Regulations or agreeing to comply with the Regulations is tantamount to concluding an agreement for the provision of services by electronic means (Agreement).
4. In order to Order Services, the Customer must have equipment understood as terminal equipment and a system that meets the following technical requirements:
a) a computer with an Internet web browser with “cookies” enabled;
b) connection to the Internet;
c) correctly configured e-mail;
d) a telephone device with a Polish telephone number;
e) Communicator installed and configured on the respective end device.
5. The Service Provider reserves that the use of the services specified in these Regulations may be associated with standard risks related to the use of the Internet or telecommunications network and recommends to Clients the undertaking
Take appropriate steps to minimize them.
§10
Withdrawal and Complaints
1. The Customer, being a Consumer, has the right to withdraw from the Agreement covering the Service, within 14 (fourteen) days from the date of conclusion of the Agreement covering the Service, under the conditions and rules provided for in Article 27 et seq. of the Act of 30 May 2014 on Consumer Rights (i.e. Journal of Laws of 2020, item 287).
(late ed.).
2. The Consumer may withdraw from the Agreement covering the Service by using the model withdrawal form, located in Annex No. 1. The Consumer's declaration of withdrawal from the Agreement concerning the Service should be
submitted to the Service Provider by the Customer in writing, in person or via letter or courier delivery or to an e-mail address. In order to comply with the time limit referred to in paragraph 1 of this paragraph, it is sufficient to send an appropriate declaration before its expiry.
3. The Customer, being a Consumer, loses the right to withdraw from the Service Agreement if the Service Provider has fully performed the Service with the prior express consent of the Customer, who was informed before the start of the Service that after its execution the Customer will lose the right to withdraw from the Service Agreement.
4. Consent to the immediate performance of the Service consists in the submission by the Customer of a declaration of consent to the immediate implementation of the Service and the loss of the right to withdraw from the Agreement concerning the Service, by ticking the corresponding selection button, located next to the statement of such content in the Form or
by means of the Messenger, after sending a message of the relevant content to the messenger of the Service Provider.
5. The Client has the right to lodge a complaint in a situation where the Service was performed in violation of the provisions of the Regulations.
6. The Customer should submit the complaint by post, sending it to the address of the Service Provider specified in the Regulations or to the e-mail address of the Service Provider specified in these Regulations.
7. The complaint submitted by the Customer should contain at least:
a) data identifying the Customer,
b) data relating to the Order, including the date of the Order,
(c) data relating to the service;
d) description of irregularities in the performance of the Service
8. The complaint should be submitted within a maximum period of 30 days from the date of occurrence of the irregularity that is the subject of the complaint submitted.
9. The Service Provider shall consider the complaint within 30 (thirty) days from the date of receipt of the complaint, responding to the submitted complaint in the manner in which it received the complaint, unless otherwise stated in the content of the complaint.
10. The time limit for consideration of complaints referred to in paragraph 10 may be extended in justified cases. In case of extension of the deadline for consideration of the complaint, the Service Provider is obliged to notify the Customer before the expiration of 30 days from the date of receipt of the complaint.
§11
Final provisions
1. The Regulations are valid from 01.04.2023.
2. The Terms and Conditions may be changed at any time, including for important technical, legal or organizational reasons. The Service Provider informs about the amendment of the Regulations and the date from which the amended Regulations will apply, at least 14 days before the date of entry into force of the amendment, by placing on the Website the new content of the Regulations.
3. All Services provided on the basis of Orders placed before the amendment of the Regulations will be performed in accordance with the Regulations in force on the day of placing the Order.
4. All notices and statements of the Customer addressed to the Service Provider in writing should be sent to the following address: Interior Capital sp. z o. o., ul. Sokolnicza 7/17 lok. 6, 53-676 Wrocław.
5. In case of submission of any notices in a form other than in writing, the Customer has the opportunity to contact the Service Provider:
a) by e-mail to the following address: biuro@cashify.eu;
(b) by telephone at: + 48 535 710 102;
c) as otherwise indicated on the cashify.eu website.
6. In matters not regulated by these Regulations, the provisions of Polish law shall apply.
Wroclaw, on 01.04.2023
Attachments:
Annex 1 — Model withdrawal form
Appendix No. 2 — List of cryptocurrencies;
Appendix 3 — Table of Fees and Commissions.
Annex No 1
MODEL WITHDRAWAL FORM
(this form must be completed and sent back only if you wish to withdraw from the contract)
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City, date
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Name, surname, address of the consumer
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Name and address of the entrepreneur
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STATEMENT OF WITHDRAWAL FROM A DISTANCE CONTRACT
I,..................................................., hereby inform of my withdrawal from the contract for the provision of the following service:............................................................................................................... Date of conclusion of the contract:....................................... r.
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Signature of the consumer
(only if the form is submitted in hard copy)
Annex No 2
List of Cryptocurrencies
We support all cryptocurrencies available on the exchange “Binance” - binance.com.
Annex No 3
Table of fees and commissions
Available at: https://cashify.eu/prowizje/