General Terms and Conditions
(1) Charonium. Charonium GmbH is a limited liability company, registered in the commercial register of the Innsbruck Regional Court under FN 575314a, with its registered office in Innsbruck and its business address at Höttinger Gasse 32, 6020 Innsbruck ("Charonium" or "We"). The business purpose of Charonium is mail order, internet and general trading as well as automatic data processing (IT) services.
(2) Charonium Fragment. Charonium offers customers on its website www.charonium.com ("Website") the possibility to store private keys for virtual currencies securely in a hardware wallet ("Charonium Fragment"). The Charonium Fragment can be divided into three parts, none of which are kept by Charonium.
(3) Charonium Obolus. In addition to the Charonium Fragment, customers can purchase a physical copper, silver or gold medal ("Charonium Obolus") on the website, which is also intended to enable customers to purchase Charonium tokens (STYX) at an earlier stage and at a lower price in the event that they are issued at a later date. Depending on the type of medal and the redemption period, the price of the Charonium Tokens will vary. It is expressly stated that we are not obliged to issue the Charonium Tokens and that they are not subject matter of the contract. No promise is hereby made with regard to the Charonium tokens. The Charonium Obolus is delivered with a Non-Fungible Token (NFT).
(4) Products. Charonium offers the sale of Charonium Fragment and Charonium Obolus ("Products") to customers.
(5) Client. The customer ("Customer" or "You") is a natural or legal person. Customers are both consumers according to § 1 para 2 of the Consumer Protection Act (KSchG) and entrepreneurs. Therefore, in the case of business transactions with consumers via means of distance communication, in addition to the special provisions of the Consumer Protection Act (KSchG), in particular those of the Distance and Foreign Transactions Act (FAGG) shall apply.
§ 1. Scope of application
(1) Scope of application. These general terms and conditions of contract apply to all business relations within the framework of the business relationship between the customer and Charonium in connection with the purchase of Charonium Fragment and Charonium Obolus. These general terms and conditions of contract are expressly determined by you and us to be the essential content of the contract.
(2) Opportunity to Inspect. You have the opportunity to read these General Terms and Conditions of Contract ("Terms and Conditions" or "GTC") carefully before concluding a contract. In addition, the text of the GTC will be made available to you electronically in a format that allows them to be stored on a durable medium.
§ 2. Registration, user account
(1) Obligation to register.
To conclude a purchase contract via the online shop, the customer must register on the website and create a user account. As part of the registration process, customers first enter their first name, last name, desired user name, e-mail address and residential address and set a password of their own choice. After providing this data, customers receive an email with an activation code, which must be entered on the website to continue the registration process. Only after successful registration can customers purchase Charonium products via the website. Furthermore, in the case of credit card payments and payments in Ether or Bitcoin, customers must provide their official photo ID in accordance with § 5 paragraphs (3) and (4).
(3) User account. Clients are responsible for ensuring the confidentiality of their account and password and for restricting access to their devices such as computers and smartphones. Clients should take any steps to keep their account details confidential. If there is any reason to be concerned that a third party has gained knowledge of the customer's password or is otherwise using the password in an unauthorised manner, customers are required to notify us immediately. In case of suspicion of money laundering or financing of terrorism or other activities that violate these GTC, we reserve the right to block user accounts. Charonium expressly reserves the right to accept or reject a registration for the user account by a customer without giving reasons.
§ 3 Money Laundering Regulations
(1) We are required by law to comply with the provisions on the prevention of money laundering and terrorist financing. For this reason, identification of the Client and further checks by us may be required. If such identification is necessary, we will notify the customer. Identification can be made on the premises by presenting a government issued photo ID or by transferring a symbolic amount or the purchase price from a European bank account in your name. We are free at any time to restrict or extend the possibilities and, in particular, the requirements of identification in accordance with legal changes.
(2) Where we are required by law to verify your identity, we must do so before entering into a contract for the sale of our products. We are also required by law to monitor the business relationship on an ongoing basis, including a review of transactions conducted in the course of the business relationship, and to keep relevant documents, data or information up to date.
(3) You are obliged to assist us in fulfilling our legal obligations and to provide all necessary information and documents.
§ 4. offer, conclusion of contract
(1) Products. After successfully completing the registration process, customers have the opportunity to purchase products from Charonium.
(2) Offer. Offers from Charonium are non-binding unless they are expressly designated as binding.
(3) Place of contract. Contracts are concluded online via our website.
(4) Validity Offer. In the ordering process, the customer has to add the products to the shopping cart. The products remain in the shopping cart for a period of 20 minutes. The product price stated by Charonium applies for this period. After this period, the products are automatically removed and must be added to the shopping basket again. This may result in changes to the product prices.
(5) Conclusion of contract. By confirming the field "order subject to payment" or a similar field, the customer makes a binding offer to conclude a contract with the corresponding content. The contract comes into effect with the transmission of the order confirmation by Charonium.
(6) Limited quantities. Orders will only be accepted within the limits of the number of products available. Charonium reserves the right to refuse orders without giving reasons or to accept orders only in a certain quantity, of which the customer will be informed promptly by Charonium by e-mail and must give his consent. The customer shall have no claim for damages arising from any quantity restrictions on orders.
(7) Furthermore, fixed maximum order quantities per customer apply. The maximum order quantities can be seen on the website, whereby only products with a maximum value of EUR 15,000 can be ordered in total.
§ 5. terms of payment
(1) Payment options. Payments by the Customer to purchase the Products may be made in Euros, Ether and Bitcoin. Customers can pay for payments in euros by bank transfer or by credit card. Payments in Bitcoin or Ether are received via a Charonium business wallet.
(2) Bank transfer. In case of payment by bank transfer, please transfer the amount to be paid to the Charonium bank account indicated on the website or in the invoice immediately after receipt of the invoice.
(3) Credit card payment. When paying by credit card, you will be asked to enter your credit card details in the input mask on the website. The data will then be checked. If the data is correct, the credit card company will carry out a payment transaction and charge your card. The charge will be made after the order process has been completed.
(4) Payment in Ether or Bitcoin. If paying by Ether or Bitcoin, please transfer the amount to be paid in Bitcoin or Ether at the current daily rate to the Charonium wallet specified on the website or in the invoice immediately after receipt of the invoice.
§ 6 Price, Fees
(1) Price quotations. All prices on the website are final prices incl. VAT in Euro.
(2) Correction of price quotations. If price information on the website is incorrect, Charonium will inform the customer who has placed an order of the actual price. In this case, the customer may expressly confirm his order in writing or impliedly by paying the updated purchase price or withdraw from the contract immediately. The withdrawal from the contract must be declared in writing. Liability for slight negligence, excluding personal injury, is excluded for this case.
(3) Default in payment. In the event that the customer is in default of payment, the customer shall pay Charonium interest on arrears in the amount of 4% per annum. In the event of default in payment, the customer further undertakes to reimburse Charonium for any reminder charges incurred, insofar as these appear necessary and reasonable for the corresponding legal prosecution.
§ 7. delivery conditions
(1) Delivery costs. Unless otherwise specified, all prices are inclusive of suitable packaging, but exclusive of shipping and insurance costs, which are incurred depending on the place of delivery, value and weight. The individual items will be shown separately on the invoice. Charonium reserves the right to impose restrictions on delivery options for certain contracts.
(2) Delivery period. The estimated delivery period from receipt of the order shall be notified to the customer before the order is placed. Upon completion of the order, the customer agrees to the estimated delivery period. If Charonium accepts the customer's order, the delivery period shall be deemed agreed.
(3) Delay in delivery. In the event of a delay in delivery, Charonium will inform the customer of the expected delay. The customer shall then have the right to withdraw from the contract by setting a reasonable grace period.
(4) Shipping. The customer will be informed of the shipping options during the ordering process. Before completing his order, the customer must select the desired shipping method. The shipping method selected by the customer shall be deemed agreed upon acceptance of the order by Charonium. The goods shall be shipped to the address specified by the customer.
(5) Service. Charonium shall not be liable for incorrect or incomplete data provided, unless the data is recorded and entered incorrectly or incompletely by Charonium.
(6) Carrying of risk. The risk of loss of or damage to the products shall pass to the customer as soon as the product has been handed over to the carrier. If the customer is a consumer, the risk shall pass to the customer as soon as the product is delivered to the customer or to a third party other than the carrier and designated by the customer.
§ 8 Liability
(1) Liability. The liability of Charonium towards the customer in case of slight negligence is excluded, unless it concerns personal injury. In particular, Charonium shall not be liable for loss of profit, for a lack of availability of products and for incorrect entries in the online shop attributable to the customer.
(2) Fluctuations in value. Charonium shall not be liable for any loss of assets by the customer due to fluctuations in the value of the products. The risk of loss of value of the products lies exclusively with the customer.
§ 9 Right of withdrawal
(1) Right of withdrawal. We would like to point out that according to § 11 FAGG, consumers have the right to withdraw from a distance contract within 14 days of its conclusion without giving reasons. In order to exercise the right of withdrawal in accordance with § 11 FAGG, the customer as a consumer must make this known by means of a clear declaration to the specified contact address. The period begins on the day on which the customer or a third party named by the customer obtains possession of the product. Charonium will initiate the repayment of the amount. The repayment will be made exclusively in Euro. If the order was placed in Bitcoin or Ether, the purchase price will also be refunded in euros. If you are a consumer, you must agree to the repayment in euros by clicking a checkbox before concluding each purchase contract. No fee will be charged for exercising the right of withdrawal. If there is no consumer transaction, the provisions of the FAGG do not apply.
(2) Exclusion right of withdrawal. The right to withdraw from the contract does not apply to contracts for products whose price depends on the development of fluctuations on the financial markets. Pursuant to Section 18 (1) (2) FAGG, customers therefore have no right of withdrawal in the case of purchase contracts for our Charonium Obolus product, as the distance contract concerns the delivery of goods whose price depends on fluctuations in the financial market over which we have no influence.
(3) By ticking a box, you expressly acknowledge that the services are subject to significant price fluctuations. At the same time, by ticking the box you acknowledge that you lose your right of withdrawal for this reason as well.
§ 10 Termination Termination. You can cancel your account at any time via the corresponding button on the website. The account will be blocked and deleted within 14 days of receipt of the cancellation request. Cancellation of the account does not automatically terminate any contract you may have with us.
§ 11. reservation of right of amendment
(1) The current version of these GTC is available on the Website. Amendments and additions to these T&Cs, including this clause, may be made by Charonium at any time and shall take effect on the earlier of: (i) you having accepted the amended T&Cs online; (ii) the expiry of one month from the date of publication of the amendments or additions to the T&Cs.
- If you are a consumer within the meaning of the KSchG, you have the right to terminate the contractual relationship with Charonium set out herein with immediate effect, without the need to comply with any agreed termination dates or periods and without incurring any costs for such termination. Charonium will notify you of any changes to the TOS. Any update, amendment or replacement of these T&Cs will be notified to the Customer via the email address provided by the Customer during the registration process. With the notification, Charonium will ask you to accept the amended T&Cs online within one month. If you, as a consumer, do not agree, all contractual relationships shall be deemed terminated upon expiry of the one-month period.
§ 12. Miscellaneous
(1) Entire agreement. Apart from the agreements made in these contractual terms and conditions, there are no agreements between the contracting parties. The validity of conflicting or deviating GTC is objected to; previous agreements shall cease to apply.
(2) Data change. The customer shall immediately notify Charonium of any changes to its data that it has provided to Charonium in the course of its registration or order. If the customer fails to do so, declarations shall also be deemed to have been received and products shall also be deemed to have been delivered if they have been sent or delivered to the last known address.
(3) Statements/Messages. Declarations or notifications by the customer shall be addressed to Charonium GmbH, Höttinger Gasse 32, 6020 Innsbruck.
(4) Validity. Unless the Customer is a consumer: If any provision of this Agreement is invalid, voidable or unenforceable, such invalidity, voidness or unenforceability shall not affect the validity of this Agreement, provided that such invalidity, voidness or unenforceability is consistent with the intention of the parties as reflected in the terms of this Agreement taken in context.
(5) Data protection. We comply with all provisions of the General Data Protection Regulation as amended from time to time. It is pointed out that Charonium collects, stores and processes personal data of customers in the course of its business activities. This data processing is necessary, on the one hand, for the fulfilment of the contract and, on the other hand, for compliance with legal regulations to which Charonium is subject. Furthermore, the processing of personal data is necessary to protect the legitimate interests of Charonium. Detailed information on data protection law can be found in the data protection declaration, available at www.charonium.com/privacy.
(6) Applicable law. This agreement shall be governed by Austrian law, excluding the conflict of law rules of Austrian private international law.
(7) Jurisdiction. The place of jurisdiction is the domicile of the consumer. If the customer is not a consumer, the place of jurisdiction is the registered office of the company.
This is an automatic translation from source (German) to target language (English) without any human input.