General Terms and Conditions of Anycoindirect.eu and Phoenix Payments BV

1 Definitions

Account:

The Customer's personal account at Phoenix, as created by the Customer and accessible online upon registration and login. One customer can not have more than one (1) account with Phoenix in his name. This account is not to be confused with the Customer's bank account.

Agreement:

The agreement between Phoenix and the Customer, of which these General Terms, as well as the supplementary Privacy Policy are part.

Blockchain:

A continuously growing list of records, called blocks, which are linked and secured using cryptography. This record of blocks forms a distributed ledger.

Blockchain Split / Hard Fork:

A situation in which a blockchain splits into two separate chains.

Cryptocurrency:

A digital asset designed to work as a medium of exchange that uses cryptography to secure its transactions, to control the creation of additional units, and to verify the transfer of assets. On the Website, cryptocurrencies can also be referred to as "Coins", which term is not to be confused with real metal coins. Cryptocurrencies are classified as a subset of digital currencies and are also classified as a subset of alternative currencies and virtual currencies . For the purpose of the Agreement and the General Terms, Cryptocurrency and Cryptocurrencies refer to the specific currencies that are specified in the Order and Offer.

Credits:

The amount in Euros (EUR), deposited in the Account by Phoenix and added to the next transaction.

Customer:

The visitor and user of the website anycoindirect.eu as well as the user of services rendered by Phoenix, in its own name or as AnycoinDirect.eu, such visitors and users in their capacity as legal counterpart in the Agreement. For the purpose of legibility and efficiency of the General Terms all genders are referred to in the male form.

General Terms:

Present General terms and conditions, applicable to the Agreement and all other agreements with Phoenix.

ICO:

Initial Coin Offering

ICO-token:

A unit of Cryptocurrency that is preallocated to investors in an ICO in exchange for other Cryptocurrencies.

Offer:

The offer by Phoenix to the Customer to buy or sell Cryptocurrencies.

Order:

The Customer's instruction to Phoenix to buy or sell Cryptocurrencies.

Phoenix:

Phoenix Payments B.V., a limited liability company, established under Dutch law, residing in Veghel, The Netherlands and registered at the Dutch Chamber of Commerce, number 59466197, and all of its present and future subsidiaries.

Services:

The services rendered by Phoenix, i.e. selling and buying of Bitcoin and other Cryptocurrencies to and from the Customer

Wallet:

Storage of the public and private keys where the public key can be used to receive and the private key can be used to spend the Cryptocurrency. A Wallet can contain multiple public and private key pairs. The cryptocurrency itself is not in the wallet but decentrally stored and maintained in a publicly available ledger (the blockchain).

Website:

anycoindirect.eu

2 General

2.1 The General Terms apply to the Agreement and the all Services of Phoenix.

2.2 By creating an Account the Customer explicitly declares that he:

  • accepts the General Terms;

  • is at least 18 years old;

  • creates and uses only one (1) Account and does not and will not use someone else's private information such as identity and or bank account.

2.3 Any general or specific term and condition by third parties will not be acknowledged by Phoenix. Oral commitments, additions, amendments and/or supplemental agreements only obligate Phoenix after said deviations from the General Terms have been explicitly confirmed in writing by Phoenix.

2.4 Phoenix guarantees that the Services fulfill the stipulations of the agreement and meet the specifications mentioned in the Offer. Conditions stipulated by Phoenix do not automatically apply to repeat orders.

2.5 Phoenix can not be obligated to honor its Offer if the Customer should have understood that the Offer, or a part thereof, contained an apparent mistake or misprint.

2.6 Phoenix reserves the right to decline orders and customers without providing a reason to do so.

2.7 Phoenix’ services are available to private individuals and corporations with an IBAN and citizenship from any of the Single Euro Payments Area (SEPA) country or legal residence in any of the SEPA-countries

2.7.1 In exception to article 2.7, our services are not available to be used with an Icelandic IBAN.


3 Disclaimer

3.1 The Customer acknowledges that the value of Cryptocurrencies can fluctuate strongly and that no warranty or guarantee whatsoever is or will be provided for the value of Cryptocurrencies over time. Due to such price fluctuations, the value of the Customer's assets may increase or decrease at any given moment. Any currency - virtual or real - may be subject to large variations in value and may even become worthless. There is no central bank that can take protective or corrective measures to protect the value of Cryptocurrencies during a crisis.

3.2 There may be additional risks that Phoenix has not foreseen or has not yet identified.The Customer should always carefully assess whether his financial situation and tolerance for risk allows for buying or selling Cryptocurrencies.

3.3 Phoenix declines all liability for any damage or loss incurred by the improper use of the Services. Please read the General Terms, FAQs, guides and the privacy policy prior to use.

3.4 Phoenix does not provide any investment advice or financial advice in connection with the services covered by the General Terms. Phoenix may provide information on the price, range, volatility of Cryptocurrencies and events that have affected the price of Cryptocurrencies, but such information can not be regarded as an investment advice and should not be interpreted as such. Any decision to purchase or sell Cryptocurrencies is the Customer's own decision and Phoenix can not be held liable for any loss or damage suffered.

3.5 The mere fact of Phoenix including or excluding specific Cryptocurrencies to or from its Services can neither be regarded nor interpreted as an indication or advice to either buy or sell such Cryptocurrencies.


4 Delivery

4.1 Delivery by Phoenix of the Cryptocurrency purchased by the Customer is executed by sending such Cryptocurrency to the Wallet address provided by the Customer.

4.2 Delivery by the Customer of the Cryptocurrency sold to Phoenix is executed by sending such Cryptocurrency to the Wallet address provided by Phoenix.

4.3 Delivery by Phoenix is subject to availability, i.e. Cryptocurrency in stock.

4.4 A processed transaction is not reversible. It is the Customer's own responsibility to enter all the required data and provide all information correctly.

4.5 In the event of suspicion of abuse or fraud, Phoenix reserves the right to suspend one or more transactions until the legitimacy of the suspect transaction has been verified and established.


5 Order to Buy

5.1 Phoenix uses current market rates of several exchanges. Such market rates can vary at any given moment. The purchase value of a transaction is expressed as the amount of the Cryptocurrency at the moment the Order is successfully placed in the Account. Such moment varies per payment method.

5.2 For payment methods Bancontact / Mistercash, Giropay, iDeal, Mybank and Sofort, the amount of the Cryptocurrency is determined after the Customer has selected and entered:

  • amount of Cryptocurrency or purchase price;

  • Wallet address;

  • payment method;

  • acceptance of General Terms.

By clicking the Buy button and confirming having read the additional warning, the Offer is set for a twenty (20) minute timeframe. Within such timeframe the following actions must be taken to complete the Order for the indicated amount of Cryptocurrency:

  • follow all payment instructions and check if payment has been fulfilled; and

  • click to return to order page in the Account, which confirms that the payment has been made.

If the Order status in the Account indicates "Successful", the amount of Cryptocurrency is fixed and guaranteed.

5.3 For payment methods SEPA and TrustPay the amount of the Cryptocurrency is determined after the Customer has selected and entered:

  • amount of Cryptocurrency or purchase price;

  • Wallet address;

  • payment method;

  • acceptance of General Terms.

By clicking the Buy button and confirming having read the additional warning, the Phoenix offer is set for a twenty (20) minute timeframe. Within such timeframe the following actions must be taken to complete the order for the indicated amount of Cryptocurrency:

  • follow all payment instructions and check if the payment has been debited from the Customer's bank account; and

  • click the green button to confirm the payment has been made; and

  • confirm having read the notification that the Customer is about to enter into an agreement with Phoenix

If the Order status indicates "Waiting to receive payment", the amount of Cryptocurrency is fixed and guaranteed.

5.4 Both a completed payment and the transfer of ownership of the purchased Cryptocurrency are final and can not be undone. The Customer explicitly waives the right to withdraw from his agreement regarding his remote purchase of Cryptocurrency and acknowledges that the relevant articles of the Dutch Civil Code, Book 7, Title 1, Section 9A, do not apply to his purchase of Cryptocurrency. In the event that the Customer wants to exchange or return the purchased Cryptocurrency, he needs to enter into a new sale agreement.

5.5 Within the context of the law on remote purchasing of the Dutch Civil Code, Book 7, Title 1, Section 9A, Phoenix strives to process orders at least within two (2) business days after receiving the payment. In the event that the payment has not been sent in time, not fully or without correct payment reference, Phoenix has the right to cancel the Order. In case of such cancellation, Phoenix can not be held liable for any financial of legal consequences resulting from such cancellation.

5.6 Entering the correct data (e.g. the amount, the receiving Wallet address and email address) is the Customer's own responsibility. The Customer declares that he has provided accurate and complete information. Entering incorrect information at the moment of placing an Order might result in the loss of funds.
The Customer accepts full responsibility for the financial and legal consequences of incorrect information provided by him. The Customer acknowledges that he provides information entirely at his own expense and risk.

5.7 In case of i) technical problems, ii) of incorrect or inconsistent information provided by the Customer, iii) of force majeure or iv) of need for further investigation, the processing of the Order can get delayed.

5.8 If i) sending the purchased Cryptocurrency to the Customer's Wallet address is not possible (as a result of the ordered Cryptocurrency not being in stock or not being offered anymore), ii) if there is a delay due to some other reason or iii) if an Order can not or only partially be fulfilled, it is at the discretion of Phoenix to either repay the paid amount to the Customer's bank account or to consult the Customer to explore alternatives.

5.9 Phoenix delivery obligations are met once the Cryptocurrency have been confirmed by the specific Cryptocurrencies' blockchain, evidence of which can be found by entering the unique transaction ID ("TxID") or Wallet address into a block explorer of the specific Cryptocurrency.

5.10 If i) the Customer has placed an Order but fails to pay the amount due, ii) if the Customer has not used the correct payment reference or iii) if the amount has not been fully received within seven (7) days, Phoenix has the right to terminate the Agreement and/or the Account. Phoenix has the right to claim the costs incurred by i) non-timely payment or non-payment, ii) by using an incorrect payment reference and iii) the costs that occurred due to negligence by the Customer.

5.11 In case a Blockchain Split or Hard Fork occurs:

  • Phoenix is not obliged to support both chains and corresponding Cryptocurrencies, unless and until Phoenix announces such support on the Website;

  • and an Order has been created by the Customer, the Customer can not claim the newly created Cryptocurrency that originated after the Blockchain Split / Hard Fork.

5.12 The Customer can not claim ICO Tokens sent to a Phoenix address.
If the Customer sends Cryptocurrency directly to an ICO address and the ICO Tokens are returned to the address of Phoenix, Phoenix will not install software to access the returned ICO Tokens or Cryptocurrency. Any ICO Tokens that are received at the address of Phoenix will be considered lost and can not be claimed by the Customer. Important notice: do not use the Services to send Cryptocurrency directly from Anycoindirect.eu to an ICO .

5.13 A minimum amount in Euros for any Order to buy may be applied by Phoenix. Such amount is posted and updated on the Website. In case the minimum amount is not met when placing the Order to buy, a notification is shown on the Order page.


6 Order to Sell

6.1 Phoenix uses current market rates of several exchanges. These market rates can vary at any given moment. The selling value of a transaction is expressed as the amount of the Cryptocurrency at the moment the Order is successfully placed in the Account.

The selling price of the Cryptocurrency is determined after the Customer has selected and entered:

  • Amount of Cryptocurrency or sell price;

  • IBAN number and Customer name;

  • Acceptance of General Terms.

By clicking the Sell button and confirming having read the additional warning, the Offer is set for a twentyfive (25) minute timeframe during which Phoenix locks the then current rate. Within such timeframe the Customer is to send the amount of Cryptocurrency to the Phoenix Wallet address stated on the Order status page.

If the Order status in the Account indicates "Successful", the amount of Cryptocurrency and the amount of Euros are fixed and guaranteed.

6.2 Providing the correct information for receiving payouts is the Customer's own responsibility. Any damages incurred as a result of the incorrect entering of such information, and as a result of sending the Cryptocurrency to a Wallet address which was not specified by Phoenix, will not be compensated by Phoenix.
The Customer accepts full responsibility for the financial and legal consequences of incorrect information provided by him. The Customer acknowledges that he provides information entirely at his own expense and risk.

6.3 The full amount of Cryptocurrency as indicated in the Order to sell must be received at the Phoenix Wallet address within the specified timeframe. If the Order is not received in full and/or in time, the Order will be cancelled.

6.4 Both a completed payment and the transfer of ownership of the purchased Cryptocurrency are final and can not be undone. The Customer explicitly waives the right to withdraw from his agreement regarding his remote sale of Cryptocurrency and acknowledges that the relevant articles of the Dutch Civil Code, Book 7, Title 1, Section 9A, do not apply to his sale of Cryptocurrency.

6.5 In case of i) technical problems, ii) of incorrect or inconsistent information provided by the Customer, iii) of force majeure or iv) of need for further investigation, the processing of the Order to sell can get delayed.

6.6 In case a Blockchain Split or Hard Fork occurs:

  • Phoenix is not obliged to support both chains and corresponding Cryptocurrencies, unless and until Phoenix announces such support on the Website;

  • and if it occurs during the process of creating an Order by the Customer or during the processing of the Order by Phoenix, the Customer can not claim the newly created Cryptocurrency that originated after the Blockchain Split / Hard Fork;

  • all newly created / forked Cryptocurrency that the Customer sends to an Address on a chain we do not support are considered as lost; therefore the Customer can not claim the forked Cryptocurrency.

6.7 Payout generally takes place on the same business day that Cryptocurrency sold to Phoenix have been received at the Phoenix Wallet address specified in the Order and have been confirmed in the Blockchain (at most within two (2) business days thereafter). For larger transactions (exceeding EUR 50,000), the Customer is advised to contact Phoenix Support.

6.8 The Customer declares that:

  • the Cryptocurrency he offers have been legitimately acquired;

  • he is the legal owner of the bank account he has specified to be used in this transaction, and

  • he has truthfully entered all the required data and information.

6.9 If the Order to sell was cancelled but Phoenix did receive Cryptocurrency in full or in part, the Customer is to contact Phoenix Support, in order to have the Customer decide whether to:

  • send back the Cryptocurrency to a Wallet address newly specified by the Customer; or

  • receive the payout against the current price at the moment Phoenix has processed the Customer's choice.

6.10 In case Phoenix does not receive the full amount of Cryptocurrency at the specified Wallet address for the Order to sell, then:

  • If the received amount of Cryptocurrency is up to (and including) 20% less than the original Order amount, the Order will automatically get adjusted to the received amount and payout proceeds for the adjusted amount of Cryptocurrency and price. A refund is not possible in this case.

  • If the received amount is more than 20% less than the original Order amount, the Order will fail and the Customer is to contact Phoenix Support, to have the Customer decide whether to:

    • send back the Cryptocurrency to a Wallet address newly specified by the Customer; or

    • payout against the current price at the moment Phoenix has processed the Customer's choice.

6.11 The Customer can not claim refund of EUR 30 or less, in which case in his Account the Customer will receive Credits calculated at the current rate as compensation.


7 Pricing

7.1 Prices will not be raised for the duration of the Offer, unless legal measures to do so are imposed. The price will be locked for the specified timeframe when proceeding with the payment. In such timeframe the offered price and amount of Cryptocurrency will not change.

7.2 All prices and data published on the Website are subject to the possibility of misprint, due to either Phoenix or a third party. Phoenix does not accept any liability for the consequences of misprints and reserved the right to cancel the Order if the Order is in the process of using the misprint data.

7.3 All prices on the Website are stated in Euros (€, EUR). If the Customer prefers to use any other local European currency, the cost of conversion between the local currency and EURO will come at the expense of the Customer.


8 Fee

Phoenix charges an overall fee for the Services. Such fee is comprised of:

Exchange Withdrawal Fee:

  • a fixed percentage depending on volume;

  • determined by third parties;

  • included in the price of the Offer.

Payment Method Fee:

  • depending on the payment method;

  • determined by third parties;

  • indicated in the Offer.

Mining Fee:

  • depending on the Blockchain traffic

  • depending on the type of Cryptocurrency;

  • determined by third parties;

  • indicated in the Offer.

Volatility Risk Fee:

  • depending on the market rate fluctuations;

  • included in the price of the Offer.

Phoenix Service Fee:

  • a fixed amount in Euros plus a fixed percentage;

  • included in the price of the Offer.


9 Know Your Customer Policy

9.1 Financial services regulations require Phoenix to take action against abuse in order to protect its customers and to prevent financial offenses (such as scams, fraud, money laundering and financing terrorism) by means of its Services.

9.2 Based on the so-called Know Your Customer requirement, Phoenix is obliged to gather personal information of the Customer prior to rendering Services. Such information can be subject to a regular screening up to five (5) years after the date of any transaction with the Customer.

Subject to change at the discretion of Phoenix or changes imposed by laws or regulations, the Customer's personal data and identity need to be verified and established for any purchase exceeding the amount of EUR 100.

Upon placing an Order the Customer's information will be recorded in the Phoenix customer database. Phoenix complies with the Registration of Persons Act and will not share any customer information with any third party. Please read our Privacy policy.

9.3 Phoenix respects the privacy of the Customer and guarantees the confidential treatment of the Customer's personal information.

9.4 Phoenix reserves the right to initiate an investigation in the event of suspicious activities, fraud, money laundering or financing of terrorism. Phoenix may request information from third parties and investigate third party sources to verify and establish the Customer's identity.

9.5 In the event fraud or money laundering is confirmed, the affected transaction and account will be frozen immediately. This measure will in all cases be reported to the authorities and to relevant third parties.

9.6 Any data breach or suspected data breach will be reported within 72 hours with the local regulator.


10 Conformity

10.1 In case the Customer discovers that a payment or transaction is incorrect or incomplete, he is to report such errors to Phoenix in writing by email without delay, although not later than two (2) business days after the day of transaction.

10.2 In case the Customers' complaint is deemed legitimate by Phoenix, Phoenix will consider compensation, with the understanding that Phoenix's liability, and therefore the compensation of damages, will be limited to the Order amount for the specific transaction.

10.3 No compensation will be considered by Phoenix if:

  • the Customer is or has been in default towards Phoenix;

  • the payment and/or Cryptocurrency transaction have been exposed to unusual circumstances or have not been treated properly or have been handled in conflict with the instructions on the Website and in the specific Phoenix guides; or

  • the complaint is caused by a change in legislation or regulations.


11 Force majeure

11.1 Phoenix can not be held liable if and to the extent its commitments can not be fulfilled as a result of force majeure.

11.2 Force majeure shall be understood to mean any foreign cause, as well as any situation, which within reason ought not be attributed to Phoenix. Interruptions in internet, Blockchain network instability, interruptions of bank services, power and email disruptions, governmental actions, all explicitly count as force majeure.

11.3 In the event of force majeure, Phoenix reserves the right to suspend its obligations and will have the right to wholly or partially dissolve the Agreement, or to require that the content of the Agreement be changed such that execution is still possible. The Customer will not require Phoenix to pay any fine or compensation for damages arising from force majeure.

11.4 If Phoenix has partially fulfilled its obligations, or can only partially fulfil its obligations, at the time of commencement of the force majeure, Phoenix has the right to invoice the Services already rendered separately, and the Customer will be required to pay this invoice as if it were a separate agreement.


12 Applicable law/jurisdiction

12.1 The Agreement and General Terms are subject to Dutch law.

12.2 Any dispute arising from The Agreement between Phoenix and the Customer which can not be settled in mutual negotiation will be presented to and judged by the competent judge within the jurisdiction of 's-Hertogenbosch (NL).

12.3 Although you may view our General Terms in a language other than Dutch, the Dutch text is leading and binding.


13 Amendments

13.1 Phoenix reserves the right to revisit, change, alter or adapt these General Terms. This includes the right to add or delete information, without prior notification to its Customers. Phoenix strongly advises all Customers to consult these General Terms, and the Agreement, regularly.


14 Phoenix Contact Information

Any questions relating to the General Terms, the Account, the Services and the obligations arising from the General Terms are to be addressed to Phoenix Support via email or support ticket.

Release date: 12 June 2018