1. General Notes:
1)
critto Technologies GmbH (Company Identification Number: CHE-421.528.349, hereinafter referred to as „critto“), located at Lindenmatt 22, 6343 Rotkreuz, Switzerland, operates the website www.bit-now.com (hereinafter referred to as „bit-now“) as a financial intermediary service for currency exchange and for the purchase of digital assets, particularly for cryptocurrencies. Customers can purchase digital assets, among other methods, via direct bank transfer.
2)
Access to and use of the website are subject to the important legal notices contained herein (hereinafter referred to as „Terms and Conditions“ or „T&C“). These Terms and Conditions are supplemented by any and all special agreements and appendices that apply in connection with services offered by critto, in which customers or their representatives act as contracting parties. In the event of a conflict, the provisions of such a special agreement prevail.
3)
The services of critto are exclusively available to natural persons of legal age, who are of full legal capacity, from the age of 18 years.
4)
critto reserves the right, at its sole discretion and without prior notice, to block customers who violate the Terms and Conditions from access to the services. Any fraudulent use of the services or any use for illegal, impermissible, or unethical purposes is strictly prohibited.
2. Acceptance of the T&C
1)
By confirming the Terms and Conditions, the customer declares that they have read, understood, and accepted them.
2)
Furthermore, the customer accepts that critto may unilaterally change the Terms and Conditions at any time and without prior notice. Changes will be made accessible on the website and come into effect upon their publication. If the customer disagrees with the Terms and Conditions, they should not use critto's services.
3)
The subject of these T&C is the use of services that critto provides to its customers through the following distribution channels: the website www.bit-now.com and partner websites provided by critto (hereinafter referred to as „Website“), as well as sales outlets operated by third parties (hereinafter referred to as „partner companies“) (collectively referred to as „distribution channels“).
4)
When availing services from critto's partner companies, the customer accepts the applicable general terms and conditions and terms of use of these partner companies.
3. Services provided by critto
1)
The conditions of critto, accessible via the website and other distribution channels, apply to all services. critto can change its range of services at any time or discontinue the provision of individual services.
2)
Via the distribution channels mentioned in section 2, critto facilitates the conclusion of contracts between the customers and critto itself, which acts exclusively on its own account. The contract for the purchase of digital assets (e.g. cryptocurrency) from critto is made exclusively between the customer and critto, based on these T&C as well as any special agreements. If the customer chooses a purchase option via a third-party service, additional agreement may apply.
4. Conditions for the Purchase of Digital Assets from critto
1)
The customer can make a transaction request on the bit-now website by entering the desired amount in fiat or cryptocurrency. A transaction request is considered to have been made once the bank transfer has been received in one of critto's accounts.
2)
The prices are in Euros or Swiss Francs, or another currency that is offered for payment. Payment can be made by bank transfer or by any other means of payment available on the bit-now website. The exchange rate for cryptocurrencies is set at the time of exchange at critto and may therefore vary.
3)
critto points out that if payment is made by bank transfer, the payment can be received by critto within one to five business days.
4)
The actual transaction amount received upon payment is decisive for the provision of the service. Fees from the customer's bank or another intermediary are deducted.
5)
Transaction requests are generally processed by critto within two business days after receipt of payment at critto. Delayed processing does not entitle a claim to a reduction in transaction fees.
6)
The presentation and authentication of the customer's identification documents, referred to in these Terms and Conditions, by critto is required for the provision of critto's services due to regulatory and legal requirements.
5. Separate Conditions for Purchasing Digital Assets by Funding the Purchase through a Virtual IBAN
1)
In deviation from section 4 paragraph 1, the customer can make a digital assets purchase order by funding the purchase through a personalized Virtual IBAN.
2)
The issuing of virtual IBANs and corresponding digital assets related transactions are carried out by Striga Technology OÜ (hereinafter referred to as „Striga“, registry code: 16298772, address: Sepapaja 6,Tallinn, Estonia).
6. Local Restrictions on Cross-Border Services Provided by critto
1)
The services carried out by critto Technologies GmbH are exclusively approved for sale in Switzerland. They are not intended for persons who, due to their nationality, place of business, residence, or other reasons, are subject to legal regulations that prohibit foreign financial service providers from conducting business activities in these jurisdictions, or that prohibit or restrict legal or natural persons' access to websites of foreign financial service providers.
2)
If critto is not approved by the regulatory authority of a particular country, critto generally cannot provide and/or advertise financial services in that country. However, the website may contain information, particularly about financial services and products offered by critto, that are considered by the regulatory authorities of the aforementioned countries as a public offer of financial products or as customer advertising targeting people residing in the relevant countries. Insofar as the customer's residence is outside Switzerland, the customer accesses this website on their own initiative and without solicitation by critto and its partner companies.
7. Conclusion of the Contract for the Purchase of Digitals Assets from critto
1)
When purchasing digital assets from critto, the customer receives a confirmation of receipt by email after submitting the application. This email does not constitute acceptance of the application by critto.
2)
The contract for the purchase of digital assets between the customer and critto is concluded upon receipt of payment by critto, unless critto rejects the payment and thus the conclusion of the contract according to clause 7. The customer then receives an order confirmation.
3)
If a contract is not concluded between the customer and critto, critto refunds the received transaction amount less the fees („default fees“). These default fees are only due in the case of transactions with differing details. The amount of the default fees can be found in the fee schedule.
8. Limitation of Services
1)
critto reserves the right to reject any payment without giving reasons.
2)
This applies especially, but not exclusively, to:
(a) Payments with differing details,
(b) Suspicious transactions, especially those that indicate terrorist financing or money laundering,
(c) TransactionsthatconflictwiththeFederalLawonCombatingMoneyLaunderingand Terrorist Financing and its implementing regulations,
(d) An incorrect calculation of the exchange rate for the respective cryptocurrency, and
(e) Other „force majeure“ situations, i.e., all unforeseeable events and events that - even if they could have been foreseen - are beyond critto's sphere of influence.
9. Prices
1)
The fees are withheld from the transaction amount by critto.
2)
The fees for the provision of services requested by bank transfer to one of critto's accounts (section 4) vary according to the risk level of the transaction and amount to up to 3.0 percent of the net transaction amount. If further manual checks are necessary in the context of money laundering regulations, the fees can increase by up to another 13.0 percent.
3)
The fees for the provision of services requested by receiving a personalised virtual IBAN and transferring to this account (section 5) amount 10 percent of the net transaction amount. For this purpose, critto instructs Striga to debits the fees from the customer's virtual account. Striga is not liable for the fees charged.
4)
The relevant exchange rate is determined at the time of the exchange at critto.
5)
The time of the transaction corresponds to the time of the payout.
6)
In the event of cancellation, a fee of 250.00 euros net will be charged.
10. Liability and Warranty
1)
critto provides its services carefully and professionally within the scope of its operational resources and the foreseeable requirements, as long as critto is not prevented from doing so by circumstances beyond its control.
2)
The customer is aware that critto provides its services via the Internet, or by using communication networks. critto is not liable for technical malfunctions, operational disruptions, or disruption or interruption of communication networks and due to a failure of IT infrastructures or other parts of the infrastructure used to provide services. Therefore, critto does not guarantee the uninterrupted availability and error-free operation of its services.
3)
The information provided on bit-now should not be interpreted as recommendations to buy or sell digital assets or to carry out transactions; likewise, the provided information should not be understood as advice of any other kind, for example tax or legal advice.
4)
All investment decisions the customer makes are based exclusively on their own assessment of their individual financial situation and investment objectives.
5)
Investments in digital assets (e.g. cryptocurrencies) presented on bit-now.com are subject to certain risks. The price of digtial assets can both decrease and increase. The future performance of digital assets, especially cryptocurrencies, cannot be guaranteed by past performance. Therefore, it is possible that the customer will not get back the invested amount. The customer bears sole responsibility for any decisions.
6)
Regardless of the legal basis, critto is fully liable within the scope of culpability liability for intent and gross negligence.
7)
critto expressly excludes liability for slight negligence as well as for indirect damages or consequential damages. Consequential damages include, in particular, lost profits, reputational damage, and data loss due to temporary impairments or interruptions in the availability of critto's services and due to the failure of partner companies, transmission errors, untimely receipt of digital assets, and incorrect price or service information and errors in order confirmations.
8)
Any liability of critto for content on websites of partner companies or other third parties referring to the bit-now website is also excluded.
9)
The aforementioned exclusions and limitations of critto's liability do not apply in cases of culpable injury to life, body, and health directly caused by critto, in the case of mandatory legal provisions, including the provisions of the Product Liability Act or if critto violates a granted guarantee.
11. Intellectual Property
1)
All content accessible through critto's distribution channels (hereinafter „content“) is protected by copyright and belongs exclusively and comprehensively to critto, unless otherwise specified. The website may contain references to third-party protection and usage rights that the customer must observe.
2)
The (full or partial) reproduction, distribution, transmission (electronically or by other means), modification, linking or use of the content for public or commercial purposes is prohibited without prior written consent from critto.
14. Applicable Law and Jurisdiction
1)
These General Terms and Conditions are governed by Swiss law and are interpreted in accordance with it, excluding the conflict of laws provisions of Switzerland or your actual country or state of residence.
2)
Any disputes or claims arising out of or relating to these General Terms and Conditions, the customer's relationship with critto, including non-contractual obligations, are subject exclusively to the jurisdiction of the court at critto's domicile.
3)
critto is entitled to sue the defendant at their domicile as well.
15. Final Provisions
1)
If one or more provisions of these GTC are or become wholly or partially ineffective or unenforceable, the validity or enforceability of the remaining provisions of these GTC or the services described therein will not be affected.
2)
In this case, the parties will replace the invalid or unenforceable provision with a valid and enforceable provision that comes closest to the economic purpose of the provision to be replaced.
3)
The same applies mutatis mutandis in the event that these GTC should contain a regulatory gap.