DENARIUM – TERMS OF SERVICE starting from 28.12.2018 GMT+2.
Welcome to https://denarium.com (hereinafter “Denarium”), operated by Prasos Oy (business ID: 2469683-1), which is a limited liability company established under Finnish legislation, and that has its principal office at Kauppakatu 39, 40100 Jyväskylä (hereinafter “Company” or “Prasos”).
1. ACCEPTANCE OF THE AGREEMENT
This Agreement is an electronic contract that establishes the legally binding terms you must accept to use the Service. You must also accept this Agreement to create an Account on Denarium.
We may, at any time and for any reason, make changes to this Agreement. We may do this for a variety of reasons including to reflect changes in or requirements of the law, new features, or changes in business practices. The most recent version of this Agreement will be posted on the Service and you should regularly check for the most recent version. The most recent version is the version that applies. If the changes include material changes that affect your rights or obligations, we will notify you of the changes by reasonable means, which could include notification through the Service or via email. If you continue to use the Service after the changes become effective, then you shall be deemed to have accepted those changes. If you do not agree to these changes, you must not use the Service, and if you have an Account, you must delete your Account.
You must be at least 18 years of age to use the Service or to create an account on Denarium. By creating an Account and/or by using the Service, you represent and warrant that you can form a binding contract with Prasos, you are not a person who is barred from using the Service under any laws and you will comply with this Agreement and all applicable national and international laws, rules and regulations.
3. CREATING AN ACCOUNT ON DENARIUM AND THE RIGHT TO INFORMATION WHEN YOU USE THE SERVICE WITHOUT AN ACCOUNT
To create an Account, you will need to register, choose an Account name and set a password. You can create an Account by following the registration link and providing the asked information. For you to be able to use your Account, you have to confirm it by clicking on the link automatically sent to the email address provided by you.
4. USE OF THE SERVICE
You can use the Service to buy Products (hereinafter “Order”). The use of the Service does not require an Account.
The maximum value of a one-time Order is 10 000 euros when the payment method is Bank Transfer. You are required to do a verification if the total amount of your Orders exceeds 10 000 euros. This verification process requires at least a proof of your identity and address. There can be any other limitations in any payment methods temporarily and the Service can change the limitations anytime. Paying with the credit card may require identification of identity on Denarium.com. Paying with bitcoin or other cryptocurrencies does not require an identification of identity.
Customer must not use PO Box or Parcel Locker address in the shipping address. The shipping address must be a street address. In case the Service cannot deliver to the given address the Service shall contact the customer for another address or order cancellation.
You are obliged to use Latin script characters and numbers (AaBbCcDdEeFfGgHhIiJjKkLlMmNnOoPpQqRrSsTtUuVvWwXxYyZz 0123456789) on the shipping address. Cyrillic, Thai, Japanese, Korean or Chinese characters are not allowed. The Service may need to contact the customer if the address is unclear.
Delivery, customs duties, and taxes:
The Service’s term of delivery is Delivered At Place (DAP). In delivered at place agreements, the buyer is responsible for paying import duties and any applicable taxes, including clearance and local taxes, once the shipment has arrived at the specified destination.
Duties and taxes may apply depending on your country. The customer is responsible for the possible duties and taxes. In some countries and locations, a third party custom broker may be needed. The customer is responsible for any possible costs and fees the whole customs clearance may cause.
The Service declares the purchase value of Products on Proforma or Commercial Invoice, excluding possible bitcoin value which the customer has bought with the product. Customs use this information for the calculation of duties and taxes.
After the customer has received the Products:
After you have received the Products, you are advised to activate your products if you have ordered Physical Bitcoins. Physical Bitcoin Orders contain a brief user manual, which the customer has to read before bringing products in use. In the Activation process, you are asked to give a status to every Physical Bitcoin Product. Be sure to:
Select GOOD, if everything is ok.
Select MISSING, if some Physical Bitcoin Product is missing.
Select DAMAGED, if the Physical Bitcoin Product is not in normal condition.
If you report a Physical Bitcoin Product as GOOD, and if you have bought bitcoin value to the Physical Bitcoin Product from the Service, the Service will send it in normal conditions in 48 hours after successful Activation. 48 hours may be rarely exceeded for any reason. By selecting GOOD, you affirm that you have checked the condition of the product and found it good.
If you report a Physical Bitcoin Product as MISSING or as DAMAGED, we shall contact you on the matter to find out how you would like to be reimbursed. The Service does not send bitcoins to the Physical Bitcoin Product with a status MISSING or DAMAGED.
In case the shipment or it’s contents are damaged during the transition you are obliged to take pictures of damaged goods and you can send them to [email protected] with description. Service is responsible for the damages during the transition and will settle the damages properly.
Cancellation of an Order:
Cancellation is possible only by replying to the Order confirmation email, after which the Service will take care of the cancellation.
You can return a Product within two (2) weeks after the date you received the Product provided that the Product not been brought into use. If you want to return the Product, you must pay the shipping costs and be responsible for the Product until it has reached the given return address in Finland. After we have received the returned Product, we will make the refund according to this Agreement. You are responsible for any costs that come from printing documents for returning the Order.
Business customers have a limited right to return Products. Business customers can return only one product. That allows ordering one product as a sample and a possibility to return it.
In case of a defective Product, you are eligible for compensation after you have returned the product according to our terms of returning, and after we have reviewed returned products and found the defect(s).
Returning defective Products is free for the customer. The customer is eligible to contact us before the return and following the given instructions from the Service.
If you want to return products outside of EU, you are responsible for requesting import tax back for yourself, if you have paid import taxes. The Service shall not compensate any import taxes, customs duties or customs clearance fees you have paid.
Refunds are always issued in the original payment currency. If you have paid in bitcoins, you will receive bitcoins. If you have paid in euros, you will receive euros. It is important to note that after the Order has been shipped the Physical Bitcoin Product value is always priced in euros, and the BITCOINS inside are always priced in BTC. Make sure that all the address details you have given are correct.
After we have received the returned Product and if everything is in order, we shall refund you within 30 days after the day we received the returned Order.
An example of how a refund works after the Order has been shipped:
If you order a Product which has a physical value worth of 10 euros and inside the Physical Bitcoin Product are 0,1 bitcoins, the value of the Physical Bitcoin Product will be 10 euros, and the value of the bitcoins inside will be 0,1 bitcoins. Regardless of which currency is used to pay for the refund. Regarding a euro refund, you would get 10 euros and whatever 0,1 bitcoins is worth in euros at that time. Regarding a bitcoin refund, you would get 0,1 bitcoins and whatever 10 euros is worth in bitcoins at that time.
Limitations to the Service:
You can only have up to five (5) on-hold (unpaid) SEPA orders at the same time. We will reserve the rights to cancel all Orders that exceed this limit. You can create larger Orders if the limit is an issue. Orders can be viewed from “My account” section.
We reserve a right to cancel and refund the order if there is an apparent mistake in Product prices, shipping costs or Product information.
In case of a bitcoin hard fork, the ordered Products must be loaded with bitcoins before the hard fork occurs for you to receive them. If you place an Order before a hard fork, it does not necessarily mean that the ordered Product contains the forked coins. This policy applies to Products that are bought with bitcoin value. L-series Physical Bitcoin Products are always delivered without any loaded bitcoin in them in all Orders. They are loaded within 48 hours upon activation made by you.
If the delivery is not possible and the Order returns us it is kept in the warehouse for 30 days. That can occur if the recipient is not available or the recipient has not delivered asked information to the Customs. After that 30 days, it is not possible to receive the original Order. We can issue a reduced compensation after that date.
You need to give us a correct email address to receive important Order related email messages. An incorrect email address may cause delays in the delivery and the activation.
We reserve the right to add a maximum 180 days of bitcoin funding delay to orders containing loaded Denarium Physical Bitcoin Products and paid via payment methods other than cryptocurrency. This right will be exercised if we detect a risk related to a particular payment. We reserve the right to cancel the order if we detect abuses.
5. TERM AND TERMINATION
This Agreement will remain in full force and effect while you use the Service or have an Account. You may terminate your Account at any time, for any reason, by following the instructions in “Settings” of the Service. The Company may in its sole discretion terminate or suspend your Account or Order at any time without notice if the Company believes that you have breached this Agreement. Upon such termination or suspension, you will not be entitled to any refund of unused fees. After your Account is terminated or you have ceased to use the Service, this Agreement will terminate, except the following provisions that will still apply: Section 7 and Sections 12-17.
6. ACCOUNT SECURITY
You are responsible for maintaining the confidentiality of the login credentials you use to sign up for Denarium or personal data when you use the Service, and you are solely responsible for all activities that occur under those credentials. You agree to immediately notify the Company of any disclosure or unauthorized use of your login credentials or personal data at [email protected]
7. YOUR INTERACTIONS WITH OTHER USERS
The Company is not responsible for the conduct of any user. As noted in and without limiting Sections
14 and 16 below, in no event, shall the Company, its affiliates or its partners be liable (directly or
indirectly) for any losses or damages whatsoever, whether direct, indirect, general, special,
compensatory, consequential and/or incidental, arising out of or relating to the conduct of you or
anyone else in connection with the use of the Service including, without limitation, death, bodily injury,
emotional distress, and/or any other damages resulting from communications or meetings with other
users or persons you meet through the Service.
8. PROPRIETARY RIGHTS
The Company owns and retains all proprietary rights in the Service, and in all content, trademarks, trade names, service marks and other intellectual property rights related thereto. The Service contains the copyrighted material, trademarks, and other proprietary information of the Company and its licensors. You agree to not copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, trademarks, trade names, service marks, or other intellectual property or proprietary information accessible through the Service, without first obtaining the prior written consent of the Company. You agree to not remove, obscure or otherwise alter any proprietary notices appearing on any content, including copyright, trademark and other intellectual property notices.
9. INFORMATION POSTED BY YOU TO US
(a) You represent and warrant that all information that you submit upon creation of your Account or the use of the Service is accurate and truthful and that you will promptly update any information provided by you that subsequently becomes inaccurate, incomplete, misleading or false.
(b) You understand and agree that the Company may, but is not obligated to, monitor or review any information you provide us as part of the Service. The Company may delete any information, in whole or in part, that in the sole judgment of the Company violates this Agreement or may harm the reputation of the Service or the Company.
10. PROHIBITED ACTIVITIES
You shall not use the Service in a harmful way, misleadingly, in a racist way, unfairly, for solicitous purposes, illegally or in any other similar way. The Company reserves the right, in its sole discretion, to investigate and take any legal action against anyone who violates this provision, including removing the offending communication from the Service and terminating or suspending the account of such violators.
11. MODIFICATIONS TO THE SERVICE
The Company reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that the Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. To protect the integrity of the Service, the Company reserves the right at any time in its sole discretion to block users from certain IP addresses from accessing the Service.
12. DATA PROTECTION
13. TERMINATION OF THIS AGREEMENT
If you want to terminate your legal agreement with us, you may do so by (a) notifying us at any time or (b) closing your Accounts for all of the Service, which you use, where we have made this option available to you.
We may at any time, terminate this legal agreement with you if:
you have breached any provision of this Agreement, for example, provided us with inadequate or false information or have acted in a manner which clearly shows that you do not intend to, or are unable to comply with the provisions of this Agreement;
we are required to do so by law;
we are about to no longer provide the Service to users in the country in which you are resident or from which you use the Service; or
the provision of the Service to you by us is, in our opinion, no longer commercially viable
When this Agreement comes to an end, all of the legal rights, obligations, and liabilities that you and the Company have benefited from, been subject to (or which have accrued over time whilst the Agreement has been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of Section 16 shall continue to apply to such rights, obligations and liabilities indefinitely.
You acknowledge and agree that neither the Company nor its affiliates and third-party partners are responsible for and shall not have any liability, directly or indirectly, for any loss or damage, including personal injury or death, as a result of or alleged to be the result of: (i) any incorrect or inaccurate information provided in the Service, whether caused by users or any of the equipment or programming associated with or utilized in the Service; (ii) the timeliness, deletion or removal, incorrect delivery or failure to store any information or communications; (iii) the conduct, whether online or offline, of any user; (iv) any unauthorized access to any user or user communications; (v) any technical problems; or (vi) any other similar problems.
To the maximum extent allowed by applicable law, the Company provides the Service on an “as is” and “as available” basis and grants no warranties of any kind, whether express, implied, statutory or otherwise with respect to the Service (including all content contained herein), including (without limitation) any implied warranties of satisfactory quality, merchantability, fitness for a particular purpose or non-infringement. The Company does not represent or warrant that the Service will be uninterrupted or error-free, secure or that any defects or errors in the Service will be corrected.
Any material downloaded or otherwise obtained through the use of the Service is accessed at your own discretion and risk, and you will be solely responsible for and hereby waive any and all claims and causes of action with respect to any damage to your device, computer system, internet access, download or display device, or loss or corruption of data that results or may result from the download of any such material.
From time to time, the Company may make third party opinions, advice, statements, offers, or other third party information or content available through the Service. All third party content is the responsibility of the respective authors of such content. The company does not: (i) guarantee the accuracy, completeness, or usefulness of any third party content provided through the Service, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears in the Service. Under no circumstances will the Company or its affiliates be responsible or liable for any loss or damage resulting from your reliance on information or other content posted in the Service, or transmitted to or by any users.
The Service may contain, and the Service or third parties may provide, advertisements and promotions offered by third parties and links to other websites or resources. You acknowledge and agree that the Company is not responsible for the availability of such external websites or resources and does not endorse and is not responsible or liable for any content, information, statements, advertising, goods or services, or other materials on or available from such websites or resources.
Your correspondence or business dealings with, or participation in promotions of, third parties found in or through the Service are solely between you and such third party. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such content, information, statements, advertising, goods or services or other materials available on or through any such website or resource.
16. LIMITATION ON LIABILITY
To the fullest extent allowed by applicable law, in no event will the Company, its affiliates, business partners, licensors or service providers be liable to you or any third person for any indirect, reliance, consequential, exemplary, incidental, special or punitive damages, including without limitation, loss of profits, loss of goodwill, damages for loss, corruption or breaches of data or programs, service interruptions and procurement of substitute services, even if the Company has been advised of the possibility of such damages.
Notwithstanding anything to the contrary contained herein, the Company’s liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to the Company for the Service while you have an Account.
Some jurisdictions do not allow the exclusion or limitation of certain damages, so some or all of the exclusions and limitations in this Section may not apply to you.
17. GOVERNING LAW AND DISPUTES
Your contractual relationship with the Company under this Agreement, shall be governed by and construed and interpreted in accordance with the laws of Finland without regard to its principles and rules on conflict of laws.
You and the Company agree to submit to the exclusive jurisdiction of the courts located within the city of Helsinki, Finland to resolve any legal matter arising from this Agreement. Notwithstanding this, you agree that the Company shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
18. INDEMNITY BY YOU
You agree to indemnify and hold the Company, its subsidiaries, and affiliates, and its and their officers, agents, partners, and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your breach of or failure to comply with this Agreement (including any breach of your representations and warranties contained herein), any postings or Content you may post in the Service, and the violation of any law or regulation by you.
The Company may provide you with notices, including those regarding changes to this Agreement, using any reasonable means, which may include email, SMS, MMS, text message or postings in the Service. Such notices may not be received if you violate this Agreement by accessing the Service in an unauthorized manner. You agree that you are deemed to have received any and all notices that would have been delivered had you accessed the Service in an authorized manner.
20. RISKS CONCERNING CRYPTOCURRENCIES
When we publish statistics or news concerning cryptocurrencies, such information is not investment
advice. We do not currently provide any investment advice. You must make the decision of any possible
purchase or sale of cryptocurrencies by yourself. We are not in any case liable for any possible loss
originating from market or price fluctuations.
We would like to remind you that there is always a high risk when dealing with cryptocurrencies. The
risk of losing your invested capital is high. Price of cryptocurrencies may vary greatly in a very short
period of time. The rise in the price raises the value of the investments and the fall in price decreases
the value of investments.
Unless otherwise agreed, this Agreement constitutes the whole legal agreement between you and the Company and governs your use of the Service (excluding any services which the Company may provide to you under a separate written agreement), and completely replaces any prior agreements between you and the Company in relation to the Service.
You are not allowed to assign this Agreement, transfer it, or sublicense it unless you get the Company’s prior written consent. The Company has the right to assign, transfer, or delegate any of its rights and obligations under this Agreement without your consent.
You agree that if the Company does not exercise or enforce any legal right or remedy which is contained in this Agreement (or which the Company has the benefit of under any applicable law), this will not be taken to be a formal waiver of the Company’s rights and that those rights or remedies will still be available to the Company.
If any court of law, having the jurisdiction to decide on this matter, rules that any provision of this Agreement is invalid, then that provision will be removed from this Agreement without affecting the rest of the terms. The remaining provisions will continue to be valid and enforceable.