Terms of service

Terms and Conditions
Table of Contents

Article 1 – Definitions
Article 2 – Identity of the Entrepreneur
Article 3 – Applicability
Article 4 – The Offer
Article 5 – The Agreement
Article 6 – Right of Withdrawal
Article 7 – Costs in Case of Withdrawal
Article 8 – Exclusion of the Right of Withdrawal
Article 9 – The Price
Article 10 – Conformity and Warranty
Article 11 – Delivery and Performance
Article 12 – Duration Transactions: Duration, Termination and Renewal
Article 13 – Payment
Article 14 – Complaints Procedure
Article 15 – Disputes
Article 16 – Additional or Deviating Provisions

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

1. Cooling-off period: the period within which the consumer may exercise the right of withdrawal. Read everything about the withdrawal period.
2. Consumer: the natural person who is not acting in the exercise of a profession or business and enters into a distance contract with the entrepreneur.
3. Day: calendar day.
4. Duration transaction: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time.
5. Durable data carrier: any means that enables the consumer or entrepreneur to store information addressed personally to him, in a way that allows future consultation and unchanged reproduction of the stored information.
6. Right of withdrawal: the consumer’s option to withdraw from the distance contract within the cooling-off period.
7. Model form: the model form for withdrawal provided by the entrepreneur that a consumer can fill in if he wishes to make use of his right of withdrawal.
8. Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance.
9. Distance contract: an agreement concluded in the context of a system organized by the entrepreneur for distance selling of products and/or services, whereby up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for distance communication.
10. Technique for distance communication: a means that can be used to conclude an agreement without the consumer and entrepreneur being in the same place at the same time.
11. Terms and Conditions: the present Terms and Conditions of the entrepreneur.

Article 2 – Identity of the Entrepreneur

Cryptoken is part of Komerco B.V.
Frankweg 45C

2153PD, Nieuw-Vennep
Netherlands

Email – info@cryptoken.nl
Chamber of Commerce number – 92171559
VAT number – NL865915866B01

Article 3 – Applicability

1. These general terms and conditions apply to every offer of the entrepreneur and to every distance contract and order concluded between entrepreneur and consumer.
2. Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, it will be indicated before the distance contract is concluded that the general terms and conditions can be inspected at the entrepreneur’s premises and that they will be sent free of charge to the consumer as soon as possible at the consumer’s request.
3. If the distance contract is concluded electronically, then, contrary to the previous paragraph, and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable data carrier. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be accessed electronically and that they will be sent to the consumer free of charge at the consumer’s request, electronically or otherwise.
4. In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis and in the event of conflicting general terms and conditions, the consumer can always rely on the applicable provision that is most favorable to him.
5. If one or more provisions of these general terms and conditions are at any time wholly or partially null and void or annulled, the agreement and these conditions will otherwise remain in force and the relevant provision will be replaced by mutual agreement as soon as possible by a provision that approximates the intent of the original as much as possible.
6. Situations not regulated in these general terms and conditions must be assessed “in the spirit” of these general terms and conditions.
7. Ambiguities about the interpretation or content of one or more provisions of our terms and conditions must be explained “in the spirit” of these general terms and conditions.

Article 4 – The Offer

1. If an offer has a limited validity period or is made subject to conditions, this will be expressly stated in the offer.
2. The offer is non-binding. The entrepreneur is entitled to change and adjust the offer.
3. The offer contains a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a truthful representation of the offered products and/or services. Obvious mistakes or errors in the offer do not bind the entrepreneur.
4. All images, specifications, and data in the offer are indicative and cannot give rise to compensation or termination of the agreement.
5. Images of products are a truthful representation of the offered products. The entrepreneur cannot guarantee that the displayed colors exactly match the actual colors of the products.
6. Each offer contains information in such a way that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This concerns in particular:

• the price including taxes;
• any shipping costs;
• the way in which the agreement will be concluded and which actions are required for this;
• whether or not the right of withdrawal applies;
• the method of payment, delivery, and performance of the agreement;
• the period for acceptance of the offer, or the period within which the entrepreneur guarantees the price;
• the amount of the rate for distance communication if the costs of using the means of distance communication are calculated on a different basis than the regular base rate of the used means of communication;
• whether the agreement will be archived after its conclusion, and if so, how it can be consulted by the consumer;
• the way in which the consumer, before concluding the agreement, can check and, if desired, correct the information provided by him under the agreement;
• the possible other languages in which, in addition to Dutch, the agreement can be concluded;
• the codes of conduct to which the entrepreneur has submitted and the way in which the consumer can consult these codes electronically; and
• the minimum duration of the distance contract in the case of a duration transaction.
  

  
  

Article 5 – The Agreement

1. The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and compliance with the conditions set therein.
2. If the consumer has accepted the offer electronically, the entrepreneur shall immediately confirm receipt of acceptance of the offer electronically. As long as the entrepreneur has not confirmed receipt of this acceptance, the consumer may dissolve the agreement.
3. If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur shall observe appropriate security measures.
4. The entrepreneur may, within legal frameworks, inform himself whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If the entrepreneur, based on this investigation, has good reasons not to enter into the agreement, he is entitled to refuse an order or request, stating reasons, or to attach special conditions to its execution.
5. The entrepreneur shall send the following information to the consumer with the product or service, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:

• the visiting address of the entrepreneur’s business location where the consumer can lodge complaints;
• the conditions under which and the way in which the consumer may exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
• information on warranties and existing after-sales service;
• the data included in Article 4 paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement;
• the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.

6. In the case of a duration transaction, the provision in the previous paragraph applies only to the first delivery.
7. Every agreement is concluded under the suspensive condition of sufficient availability of the relevant products.

Article 6 – Right of Withdrawal

For the delivery of products:

1. When purchasing products, the consumer has the option to dissolve the agreement without stating reasons for a period of 14 days. This cooling-off period starts on the day after receipt of the product by the consumer or a representative previously designated by the consumer and made known to the entrepreneur.
2. During the cooling-off period, the consumer shall handle the product and packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he shall return the product with all supplied accessories and – if reasonably possible – in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
3. If the consumer wishes to make use of his right of withdrawal, he is obliged to notify the entrepreneur within 14 days after receiving the product. The consumer must notify this by means of the model form or another unambiguous statement, such as by email. After the consumer has indicated that he wishes to make use of his right of withdrawal, he must return the product within 14 days. The consumer must prove that the delivered goods were returned on time, for example by means of proof of shipment.
4. If, after the expiry of the terms referred to in paragraphs 2 and 3, the consumer has not indicated that he wishes to make use of his right of withdrawal or has not returned the product to the entrepreneur, the purchase is a fact.

For the delivery of services:

1. When services are provided, the consumer has the option to dissolve the agreement without stating reasons for at least 14 days, starting on the day of entering into the agreement.
2. To exercise his right of withdrawal, the consumer shall follow the reasonable and clear instructions provided by the entrepreneur with the offer and/or at the latest upon delivery.

Article 7 – Costs in Case of Withdrawal

1. If the consumer makes use of his right of withdrawal, at most the costs of returning the product shall be borne by him.
2. If the consumer has paid an amount, the entrepreneur shall refund this amount as soon as possible, but no later than 14 days after withdrawal. The condition is that the product has already been received back by the retailer or conclusive proof of complete return can be provided. Refund will be made via the same payment method that was used by the consumer unless the consumer expressly authorizes another payment method.
3. In case of damage to the product due to careless handling by the consumer, the consumer is liable for any depreciation of the product.
4. The consumer cannot be held liable for depreciation of the product if the entrepreneur has not provided all the legally required information about the right of withdrawal; this must be done before the conclusion of the purchase agreement.

Article 8 – Exclusion of the Right of Withdrawal

1. The entrepreneur can exclude the consumer’s right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal applies only if the entrepreneur has clearly stated this in the offer, at least in time before concluding the agreement.
2. Exclusion of the right of withdrawal is only possible for products:

• that have been created by the entrepreneur in accordance with the consumer’s specifications;
• that are clearly personal in nature;
• that cannot be returned due to their nature;
• that can spoil or age quickly;
• whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence;
• for individual newspapers and magazines;
• for audio and video recordings and computer software of which the consumer has broken the seal;
• for hygienic products of which the consumer has broken the seal.

3. Exclusion of the right of withdrawal is only possible for services:

• relating to accommodation, transport, restaurant business, or leisure activities to be performed on a specific date or during a specific period;
• whose delivery has started with the consumer’s express consent before the cooling-off period has expired;
• relating to betting and lotteries.

Article 9 – The Price

1. During the period of validity stated in the offer, the prices of the products and/or services offered shall not be increased, except for price changes resulting from changes in VAT rates.
2. Contrary to the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market over which the entrepreneur has no influence, with variable prices. This link to fluctuations and the fact that any prices stated are target prices will be mentioned in the offer.
3. Price increases within 3 months after the conclusion of the agreement are only permitted if they result from statutory regulations or provisions.
4. Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:

• they result from statutory regulations or provisions; or
• the consumer has the right to terminate the agreement from the day on which the price increase takes effect.

5. The prices stated in the offer of products or services include VAT.
6. All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In the event of printing and typographical errors, the entrepreneur is not obliged to deliver the product at the incorrect price.

Article 10 – Conformity and Warranty

1. The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, reasonable requirements of reliability and usability, and the existing legal provisions and/or government regulations on the date of conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
2. A warranty provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur under the agreement.
3. Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 2 months after delivery. The products must be returned in their original packaging and in new condition.
4. The entrepreneur’s warranty period corresponds to the manufacturer’s warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
5. The warranty does not apply if:

• the consumer has repaired and/or modified the delivered products himself or has had them repaired and/or modified by third parties;
• the delivered products have been exposed to abnormal conditions or have otherwise been handled carelessly or contrary to the instructions of the entrepreneur and/or on the packaging;
• the defectiveness is wholly or partly the result of regulations imposed by the government regarding the nature or quality of the materials used.

Article 11 – Delivery and Performance

1. The entrepreneur shall take the greatest possible care when receiving and executing product orders and when assessing requests for the provision of services.
2. The place of delivery is the address that the consumer has made known to the company.
3. Subject to the provisions of Article 4 of these terms and conditions, the company shall execute accepted orders expeditiously but no later than within 30 days, unless a longer delivery period has been agreed. If delivery is delayed, or if an order cannot or can only be partially carried out, the consumer will be notified no later than 30 days after the order was placed. In that case, the consumer has the right to dissolve the agreement free of charge. The consumer is not entitled to compensation.
4. All delivery periods are indicative. The consumer cannot derive any rights from any stated periods. Exceeding a period does not entitle the consumer to compensation.
5. In the event of dissolution in accordance with paragraph 3 of this article, the entrepreneur shall refund the amount paid by the consumer as soon as possible, but no later than 14 days after dissolution.
6. If delivery of an ordered product proves impossible, the entrepreneur shall make every effort to provide a replacement item. No later than upon delivery, it will be clearly and comprehensibly stated that a replacement item is being delivered. With replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment are borne by the entrepreneur.
7. The risk of damage and/or loss of products rests with the entrepreneur up to the moment of delivery to the consumer or a representative previously designated by the consumer and made known to the entrepreneur, unless expressly agreed otherwise.

Article 12 – Duration Transactions: Duration, Termination and Renewal

Termination

1. The consumer may terminate an agreement entered into for an indefinite period, which extends to the regular delivery of products (including electricity) or services, at any time, subject to agreed termination rules and a notice period of no more than one month.
2. The consumer may terminate an agreement entered into for a fixed period, which extends to the regular delivery of products (including electricity) or services, at any time at the end of the fixed duration, subject to agreed termination rules and a notice period of no more than one month.
3. The consumer may, in the agreements referred to in the previous paragraphs:

• terminate at any time and not be limited to termination at a specific time or in a specific period;
• terminate at least in the same way as they were entered into by him;
• always terminate with the same notice period as the entrepreneur has stipulated for himself.

Renewal

1. An agreement entered into for a fixed period and which extends to the regular delivery of products (including electricity) or services may not be tacitly renewed or extended for a fixed duration.
2. Contrary to the previous paragraph, an agreement entered into for a fixed period and which extends to the regular delivery of daily or weekly newspapers and magazines may be tacitly renewed for a fixed duration of up to three months, if the consumer may terminate this extended agreement at the end of the extension with a notice period of no more than one month.
3. An agreement entered into for a fixed period and which extends to the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer may terminate it at any time with a notice period of no more than one month and a notice period of no more than three months in the case the agreement extends to the regular delivery, but less than once a month, of daily, news, and weekly newspapers and magazines.
4. An agreement with a fixed duration for the regular delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscriptions) will not be tacitly continued and will automatically end after the trial or introductory period.

Duration

1. If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.

Article 13 – Payment

1. Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the cooling-off period referred to in Article 6 paragraph 1. In the case of an agreement to provide a service, this period begins after the consumer has received confirmation of the agreement.
2. The consumer has the duty to immediately report inaccuracies in provided or stated payment details to the entrepreneur.
3. In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs made known to the consumer in advance.

Article 14 – Complaints Procedure

1. The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
2. Complaints about the execution of the agreement must be submitted to the entrepreneur fully and clearly described within 7 days after the consumer has discovered the defects.
3. Complaints submitted to the entrepreneur shall be answered within 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur shall respond within 14 days with a notice of receipt and an indication of when the consumer can expect a more detailed answer.
4. If the complaint cannot be resolved in mutual consultation, a dispute arises that is subject to the dispute settlement procedure.
5. In case of complaints, a consumer must first turn to the entrepreneur. If the webshop is affiliated with WebwinkelKeur and the complaint cannot be resolved by mutual agreement, the consumer should contact WebwinkelKeur (www.webwinkelkeur.nl), which will mediate free of charge. Check whether this webshop has an active membership via https://www.webwinkelkeur.nl/ledenlijst/. If no solution is reached, the consumer has the option to have his complaint handled by the independent disputes committee appointed by WebwinkelKeur. The decision of this committee is binding, and both the entrepreneur and the consumer agree to this binding decision. Submitting a dispute to this disputes committee involves costs that must be paid by the consumer to the relevant committee.
6. A complaint does not suspend the entrepreneur’s obligations, unless the entrepreneur indicates otherwise in writing.
7. If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at its own discretion, either replace or repair the delivered products free of charge.

Article 15 – Disputes

1. Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law. This also applies if the consumer resides abroad.
2. The Vienna Sales Convention does not apply.

Article 16 – Additional or Deviating Provisions

Additional provisions or provisions deviating from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.