Terms and Conditions of use of atm.biz cryptomall services
Introductory provisions
1.1. Atm biz
1.1.1. ATM biz is a comparison and cryptomall enabling Users to compare Offers of chosen Assets offered by ATM retailers with respect to the price or other parameters. ATM biz also enables Users to process Orders and send them to ATM retailers.
1.2. Effect of the Terms and Conditions
1.2.1. These Terms and Conditions set out the basic conditions for use of ATM biz by Users and ATM retailers, and the relationship between a User, the Operator and a ATM retailer. These Terms and Conditions are not a purchase contract between a ATM retailer and a User, concluded using ATM biz, and consent to these Terms and Conditions does not represent the conclusion of such a purchase contract, although they contain some provisions which may forming part of such a purchase contract.
1.2.2. To the extent to which they do not conflict with each other, the Provisions hereof apply also to the following documents, governing some aspects of the relationship between the Operator and a User and/or a ATM retailer, and comprising the content of contractual provisions, under the terms and conditions stipulated by such documents:
• General Business Terms and Conditions for Use of ATM biz Portal for ATM retailers;(hereinafter the “Special Terms and Conditions”).
1.2.3. If the Special Terms and Conditions stipulate rights and duties set out by these Terms and Conditions differently, such different provisions of the Special Terms and Conditions have priority over these Terms and Conditions. Unless stipulated otherwise, the interpretation of terms in accordance with Article 1.3 of these Terms and Conditions applies to the Special Conditions.
1.3. Definition of Terms
1.3.1. Cryptokiosk – an cryptokiosk operated by a ATM retailer under its own domain, connected to the ATM biz website using API module;
1.3.2. ATM biz – the ATM biz portal, available at atm.biz;
1.3.3. Purchase Contract – a purchase contract concluded through ATM biz between a User and a ATM retailer;
1.3.4. Offer – an offer of individual Assets made by a ATM retailer on its Cryptokiosk’s pages located on the ATM biz website; an Offer is not a proposal for the conclusion of a Purchase Contract;
1.3.5. ATM retailer – the operator of an Cryptokiosk registered with ATM biz issuing Offers of Assets available through its Cryptokiosk on the ATM biz website;
1.3.6. Order – a response to an Offer sent to a ATM retailer by a User through ATM biz and over its interface, the subject of which is a request for Assets in accordance with an Offer; an Order is regarded as a proposal for the conclusion of a Purchase Contract;
1.3.7. Terms and Conditions – these Terms and Conditions for Use of ATM biz portal, available at atm.biz;
1.3.8 Portal – the ATM biz website, available at atm.biz;
1.3.9. Operator – the operator of ATM biz, ATM.biz s.r.o., business identifier 19112726, Vojtěšská 211/6, Nové Město, 110 00 Praha 1;
1.3.10. User – an Internet user coming to the ATM biz website for the purpose of examining offers of Assets and concluding Purchase Contracts with ATM retailers;
1.3.11. Assets – a cryptoassetoffered by a ATM retailer through its Cryptokiosk whose offer is imported to the Portal using API module.
2. Registration of users and ATM retailers
2.1. Registration of Users
2.1.1. The Use of the Portal for the purposes of browsing Offers and searching for the best Offer is subject to any registration of Users, and is not linked to any costs for Users, with the exception of the costs of operating their own devices and Internet connections.
2.1.2. The performance of Registration on the Portal and the creation of a user account is possible in the following way:
• Registration using the registration interface with input of the requested data; • Registration using a Facebook account.2.1.3. The creation of a user account requires the following information:
• User name; • Valid e-mail address; • Access password.2.1.4. A User that selects the option of the independent creation of a user account is entitled, instead of the input of registration data, to register through his/her Facebook/Google account by clicking on the relevant button. This method of registration requires for the user to be logged in to his/her Facebook account in the Internet browser he/she uses.
2.1.5. The User has the option of logging into a user account through the Portal’s interface and administering data as a part of the opened account.
2.2. Registration of ATM retailer
2.2.1 In order to display Offers of Assets on the Portal, a ATM retailer is obligated to register through the Portal’s registration interface. When the Operator confirms registration, a contract its concluded between it and a ATM retailer on the use of the Portal and this contract is governed by these Terms and Conditions and the Special Terms and Conditions, in particular the General Business Terms and Conditions for use of the ATM biz.cz portal for ATM retailers.
2.2.2. The successful implementation thorugh API module in the ATM retailer’s system in a manner enabling the import of Offers from the Cryptokiosk’s platform to the Portal’s website is also necessary for displaying of Offers of Assets on the Portal.
2.2.3. A ATM retailer does not have a legal entitlement to register and to the conclude a contract on the use of the Portal. The Operator is entitled to reject the registration of a ATM retailer and its proposal for the conclusion of a contract on the use of the Portal without giving reasons.
2.2.4. A ATM retailer’s rights and duties concerning registration, communication with the Operator and the conditions of the API modul not set out by these Terms and Conditions are governed by the General Business Terms and Conditions of use of the ATM biz.cz portal for ATM retailers and the ATM biz Guide for cryptokiosk, available on the Portal’s website at atm.biz
2.3. Every User or ATM retailer is entitled to create a user account or ATM retailer profile just for itself. The creation of a user account or ATM retailer profile by a person that is not authorized to do so is prohibited, whereas the Operator is, in relation to such created registrations, authorized to proceed within the meaning of its liability for the content saved to the Portal by Users according to Article 6 of these Terms and Conditions.
3. Offer of Assets, conclusion of purchase contract
3.1. ATM retailers place Offers on the ATM biz website using automatic software. Offers are automatically updated every 5 minutes. An Offer refers to specific Assets offered by a ATM retailer, where the conclusion of a Purchase Contract and the delivery of Assets does not entitle a ATM retailer to request compliance with conditions by a User or the Operator other than the payment of the purchase price for the Assets (in particular it cannot make the conclusion of a Purchase Contract conditional on the purchase of other Assets or the achievement of a certain total purchase price through purchases of other Assets).
3.2. ATM biz provides Users with the option of searching for and comparing individual Offers.With regard to the fact that Offers are placed by ATM retailers based on automatic processes, the Operator is not liable for any errors, imprecisions or defective data in individual Offers.
3.3. ATM biz only publishes the Offers of registered ATM retailers. The Operator does not claim and is not liable for the range of Assets including a comprehensive range of cryptokiosks enabling purchase and sale of Assets in the respective region.
3.4. A User has the option of selecting Assets offered by individual ATM retailers by selecting the relevant criteria or by inputting the name of the Assets or part thereof in the ATM biz search field. After a selection of Assets is made by the User, ATM biz will offer a list of the relevant Offers corresponding to the User’s input. The list of Offers is arranged, in particular, in accordance with the price of Asset.
3.4.1. The publication of an Offer on the Portal is not regarded as a proposal for the conclusion of a Purchase Contract. A proposal for the conclusion of a Purchase Contract is the sending of an Order by a User to a ATM retailer in one of the ways in accordance with Article 3.5 and 3.6 of these Terms and Conditions.
3.5. Offers Consisting of Displaying of Assets
3.5.1. For each Offer the following data, at least, is displayed:
• Name of Assets;3.5.2. In addition to the price of the Assets, an Offer can also state the price of fees charged by a ATM retailer.
3.5.3. After the selection of the specific Assets and a specific Offer of a ATM retailer, a User has the option of transferring to the ATM retailer’s Cryptokiosk with the offer of the selected Assets. A ATM retailer is liable for the parameters of the Offer located on the Portal being the same as the parameters of the offer located in the Cryptokiosk.
3.5.4. A ATM retailer is liable for the proper provision of information, which must be provided to the User before the conclusion of a Purchase Contract remotely in accordance with the Civil Code and related regulations on consumer protection, unless this information is stated to the User through these Terms and Conditions. The Operator is not liable for any invalidity of a Purchase Contract, for the non-delivery of Assets in accordance with a Purchase Contract or for its defects.
3.6. The sending of an Order by a User is regarded as a proposal for the conclusion of a Purchase Contract. The Operator will promptly hand this proposal over to the ATM retailer(s), to which it is directed using automatic means. Promptly after the acceptance of the Order, the Operator sends the User, to his/her e-mail address entered when making an Order, an e-mail with a summary of the Order containing at least the identification of the selected Assets and ATM retailers, a calculation of the purchase price of the individual items and the total purchase price for all items in accordance with the Order.i The acceptance of a summary of an Order by the User is not regarded as the acceptance of a proposal for the conclusion of a Purchase Contract.
3.7. Promptly after the acceptance of the Order, the ATM retailers are obligated to send a User, to the e-mail address entered as a part of the Order, an e-mail with a confirmation of the Order containing, at least, the data stated in Article 3.6 and a reference to their own terms and conditions of sale that apply to the extent that they do not conflict with these Terms and Conditions. The acceptance of a confirmation of the Order of a ATM retailer by the User concludes a Purchase Contract. In the event the User is a consumer, a Purchase Contract is a consumer contract in accordance with Section 1810 et seq. of the Civil Code. The costs of using remote communication means (including the costs of the connection of the User’s device to the Internet and data transfer) are borne by the User in accordance with a separate agreement with its Internet service provider.
5. Delivery of Assets, making claims under defects in Assets, warranty for quality, complaints
5.1. Delivery of Assets
5.1.1. ATM biz enables Users to process Orders and send them to ATM retailers in accordance with Article 3.6. In the event of problems with the delivery of the Assets, the warranty for quality or problems with complaints, the User is entitled to contact the Operator, which assists in compliance with statutory duties by ATM retailers. In the event a ATM retailer breaches a duty to deliver Assets in accordance with an Order and does not return the purchase price to a User, the User is entitled to proceed in accordance with Article 7 of these Terms and Conditions.
5.1.2. The ATM retailer is obligated to deliver the Assets to the place that is stated by the User as the delivery address in the Order.
5.1.3. The User is obligated to examine the Assets without undue delay after their acceptance and, if necessary, make a complaint about any defects to the ATM retailer promptly after ascertaining them.
5.2. Delivery of Defective Assets, Conflict with Purchase Contrac
5.2.1. IfUser finds that the Assets are defective or that the Assets not corresponding to the Purchase Contract in terms of quantity, quality and design were delivered to it, the User is obligated to promptly notify the ATM retailer of this in writing or using the e-mail address stated by the ATM retailer in the confirmation of the Order. In the event the User does not notify the ATM retailer of a defect in the Assets in time, his/her right to the correction of the defects in the Assets terminates
5.2.2. If the defects in the Assets are material, the User is entitled to request from a ATM retailer the delivery of new or missing Assets, or part thereof, repairs, a reasonable discount on the purchase price or withdrawal from the Purchase Contract. The User notifies the ATM retailer of the chosen claim when notifying of defects in the Assets
5.2.3. If the Defects in the Assets are not material, the User has the right to ask the ATM retailer to correct the defect or to provide a reasonable discount on the purchase price. The User notifies the ATM retailer of the chosen claim when notifying of defects in the Assets
5.3. Warrant
5.3.1. The warranty period for Assets sold to a User – consumer is 24 months, unles
• An act states a different length of a warranty term for certain types of Assets; or • A ATM retailer states a longer warranty term for certain Assets5.3.2. The warranty term begins upon the acceptance of the Assets by the User. The duration of the warranty is usually stated on on a document on the purchase of the Assets (invoice) issued by the ATM retailer
5.3.3. The warranty terminates upon the expiry of the warranty term
5.3.4. The warranty does not apply to defects arising as a consequence of other external events unless they were caused by the ATM retailer itself
5.4. Complaints
5.4.1. A User is entitled to make a complaint to a ATM retailer. A complaint can be made by a personal handover of the Assets or by sending them to the place a complaint is made, always with a detailed description of the defect, documents on purchase of Assets.
5.4.2. The period for dealing with a complaint made by a User – consumer is 30 days, unless legal regulations provide otherwise. This period does not apply to complaints made by a User – business. The entity dealing with a complaint issues the User a document on the details of the complaint and the method of dealing with it.
5.4.3. In the event of a complaint due to a non-correctable defect, the User is entitled to the exchange of the Assets or to withdraw from the contract. An assessment of the character of the defect for this purpose is up to the manufacturer, distributor or its service centre. In the event of a complaint due to a correctable defect, the User is entitled to have the Assets repaired.
5.5. Out-of-Court Resolution of Consumer Disputes
5.5.1. If a dispute arises between a User that is a consumer under Section 419 of the Civil Code and a ATM retailer resulting from a concluded Purchase Contract, the User is entitled to file an application for an out-of-court resolution of the dispute with the Czech Trade Inspection Authority, through the contact details available on the website www.coi.cz, for the purpose of concluding an agreement with the ATM retailer. The submission of an application and subsequent participation in the out-of-court resolution of the dispute is free of charge for a User, where all the costs arising in connection with the out-of-court resolution of a dispute will be borne by each party separately. Choosing an out-of-court dispute resolution is voluntary for Users.
5.5.2. The out-of-court dispute resolution is governed by Section 20d et seq. of Act No. 634/1992 Coll., on Consumer Protection. An application for the start of out-of-court proceedings must contain the requisites in accordance with Section 20n of the Act on Consumer Protection. An application for an out-of-court dispute resolution can be filed no later than one year after the date a User first makes the claim that is the subject of the dispute to the ATM retailer (e.g. from the moment of the first complaint about the Assets or from the moment of a request for the return of the purchase price after a valid withdrawal from the Purchase Contract in the event of a delay by the ATM retailer returning it).
5.5.3. Users that have their residence in another EU member state, in Norway or in Iceland are authorized to file an application for the out-of-court resolution of a dispute with a ATM retailer through the European Consumer Center in the country of their residence; a list of the relevant consumer centers is available on the European Commission website at https://europa.eu/youreurope/.
6. Operator’s and ATM retailer’s liability
6.1. The Operator is the intermediary for the conclusion of a Purchase Contract, where it is responsible for:
6.1.1. Handover of an Order to individual Clients;
6.1.2. Identification of the ATM retailer in the system.
6.2. The ATM retailer is responsible for:
6.2.1. Compliance of data sent for display on ATM biz with the Assets that are the subject of an Offer;
6.2.2. Compliance of information forming part of an Offer with legal regulations (in particular with copyright protection for photographs used, rights to use trademarks and other designations);
6.2.3. The completeness of information forming part of an Offer, in particular for compliance with the requirements resulting from regulations on consumer protection and from special legal regulations governing the relevant category of Assets;
6.2.4. Timely confirmation of an Order and the conclusion of a Purchase Contract;
6.2.5. Timely sending of Assets to a User;
6.2.6. Compliance of sent Assets with an Offer and Order;
6.2.7. Handling claims made due to defects in Assets and complaints;
6.3. The Operator is not responsible for, in particular:
6.3.1. The compliance of an Offer with legal regulations (breach of third party rights to photographs, placement in Offers on the shopping gallery’s website, breach of legal regulations covering protection of personality, protection against unfair competition or protection of industrial property by a ATM retailer);
6.3.2. Compliance of Offers with actually delivered Assets;
6.3.3. The timeliness of the delivery of Assets by a ATM retailer in relation to information about the availability of Assets stated in an Offer;
6.3.4. Compliance of the Assets with the Purchase Contract;
6.3.5. Dealing with claims due to defects in the Assets or complaints by a ATM retailer;
6.3.6. Damage suffered by a User or third parties as a consequence of a delay by a ATM retailer with the delivery of Assets or as a consequence of the use of the Assets;
6.3.7. The incorrect or inappropriate selection of Assets by a User;
6.3.8. Non-availability caused by Users’ or ATM retailers’ Internet connection providers;
6.3.9. Availability of the Portal.
6.4. The liability of the Operator, as a provider of information society services, for the content of information supplied by ATM retailers is governed by Act No. 480/2004 Coll., on some information society services.
7. Final provisions
7.1. Amendment to Terms and Conditions
7.1.1. The Operator is entitled to unilaterally amend these Terms and Conditions to a reasonable extent, in particular due to amendments to legal regulations, technological changes influencing, for example, communication between the Operator and Users or ATM retailers, the option and methods for concluding Purchase Contracts, as well as due to the expansion of or changes to services provided by the Operator. The new version of the Terms and Conditions, however, in no way applies to Orders that were sent while the previous (older) version of the Terms and Conditions was valid. Such Orders are governed by the previous text of the Terms and Conditions.
7.1.2. If the Operator amends the Terms and Conditions, it will notify the Users and ATM retailers of this at least 15 days before the effective date of the new version of the Terms and Conditions, in the form of an e-mail sent to their current e-mail addresses. Notification will also include the text of the Terms and Conditions in .pdf format or in another format enabling the displaying of the text form of the Terms and Conditions and their possible simple archiving, or a link to the website where the wording of the Terms and Conditions is available. Users and ATM retailers are entitled to reject amendments to the Terms and Conditions, in writing, in a letter sent to the Operator’s address or in the form of an e-mail sent to the Operator’s contact address. If the User or ATM retailer does not reject the amendment to the Terms and Conditions, he/she will be regarded as having accepted the new text (new version) of the Terms and Conditions when he sends the first Order or first logs in to his user account; the ATM retailer accepts changes to the Terms and Conditions by displaying Assets for the first time after the new wording of the Terms of the Conditions comes into effect; this only applies if the User or ATM retailer is able to become acquainted with the new version of the Terms and Conditions on time.
7.1.3. If a User or ATM retailer notifies the Operator in a manner in accordance with Article 7.1.2 that it does not accept the amendments to the Terms and Conditions, the original text of the Terms and Conditions shall apply to all legal relationships arising until this time between the Operator and the User or ATM retailer. In such a case, the registration of this User or ATM retailer expires on elapse of 15 days from notification of rejection of the amendment to the Terms and Conditions.
7.2. Out-of-Court Dispute Resolution
7.2.1. If a dispute arises between a User that is a consumer under Section 419 of the Civil Code and the Operator, resulting from the use of the Portal, the User is entitled to file an application for an out-of-court resolution of the dispute with the Czech Trade Inspection Authority, through the contact details available on the website www.coi.cz, for the purpose of concluding an agreement with the Operator. The submission of an application and subsequent participation in an out-of-court resolution of a dispute is free of charge for the User, where all the costs arising in connection with the out-of-court resolution of a dispute will be borne by each party separately. Choosing an out-of-court dispute resolution is voluntary for Users.
7.2.2. The out-of-court dispute resolution is governed by Section 20d et seq. of Act No. 634/1992 Coll., on Consumer Protection. An application for the start of out-of-court proceedings must contain the requisites in accordance with Section 20n of the Act on Consumer Protection. An application for an out-of-court resolution of a dispute can be filed no later than one year after the date the User first made the claim that is the subject of the dispute to the Operator.
7.2.3. Users that have their residence in another EU member state, in Norway or in Iceland are authorized to file an application for an out-of-court resolution of a dispute with the Operator through the European Consumer Center in the country of their residence; a list of the relevant consumer centers is available on the European Commission website at http://ec.europa.eu/consumers/solving_consumer_disputes/non-judicial_redress/ecc- net/index_en.htm.
7.2.4 The option of submitting an application for an out-of-court resolution of a dispute with the Operator applies solely to disputes concerning the Portal’s services provided by the Operator, i.e. not disputes between Users and ATM retailers resulting from Purchase Contracts concluded through the Portal; such a dispute can, in accordance with Article 5.5, be resolved out-of-court before the Czech Trade Inspection Authority if the User is in the position of a consumer in relation to the ATM retailer, but without the Operator’s participation.
7.2.5. Users have the option of notifying the Operator of any complaints about the activities of the Operator’s Portal using the contact data specified in Article 7.6.
7.2.6. The ATM retailers are entitled to resolve their complaints concerning the functioning of the Portal and relations with the Operator within the terms of an out-of-court complaints resolution system within the meaning of Article 6 of the ATM biz.cz General Terms and Conditions for ATM retailers.