1. Scope and general
- These General Terms and Conditions for the Digital Cash platform (“GTC“) govern the use of the website https://digital-cash.eu/ (“Platform“) and the redemption and exchange of Digital Cash Euro (“DCEUR“). The operator of the Platform and the claimant with regard to the redemption/exchange of DCEUR is Digital Cash GmbH, c/o WeWork, Taunusanlage 8, 60329 Frankfurt am Main, Germany, registered in the Commercial Register at the Local Court of Frankfurt am Main under HRB 123326 (“Digital Cash“).
- The GTC apply regardless of whether the user of the platform (“User“) is a consumer or an entrepreneur. Terms and conditions of the User shall not apply, even if Digital Cash has not separately objected to their application in individual cases.
- By means of the Platform, Users may redeem their DCEUR in accordance with the provisions of these GTC.
- Digital Cash customer service can be reached by email at: email@example.com.
- Digital Cash may propose amendments to the GTC to the User at any time. Amendments to the GTC shall be offered to the User in text form (e.g. by e-mail) no later than 14 calendar days before the proposed date of their entry into force. Amendments to the GTC shall become effective without the express consent of the User.
- Digital Cash may make the use of the platform or individual functions of the platform or the extent to which individual functions can be used subject to certain conditions, such as verification of registration data, duration of use or dependent on the presentation of certain proof (e.g. proof of identity).
2. Registration on the platform and use of the platform and the user account
- As part of the registration process, an identity and legitimation check of the user takes place in accordance with the Money Laundering Act, which requires the presentation of appropriate proof of identity.
- Users are required to truthfully provide the information requested during registration and money laundering checks.
- The prerequisite for use is that the user uses the platform and the user account in his own name and for his own account.
- Users who are natural persons may only register if they are at least 18 years old and have full legal capacity.
- Registration is permitted to legal entities and partnerships. The registration of a legal entity or partnership may only be carried out by a natural person authorized to represent the entity, who must be named. If more than one authorized representative is required by law, the registration may be made by the entire authorized representatives individually.
- When registering, only individual persons (natural persons, legal entities or partnerships) may be specified as the owner of the user account. Multiple registrations are not permitted.
- User accounts are not transferable.
- If the data provided changes after registration, the User is obligated to update the information in his user account without delay and to inform Digital Cash GmbH thereof.
3. Exchange and redeem DCEUR
- Users who have successfully registered in accordance with section 2 of the GTC and created a user account may redeem their acquired DCEUR for cash in accordance with the provisions of this section.
- As part of the exchange/redeem process, users who are registered on the platform have the opportunity to notify Digital Cash GmbH of their intention to exchange DCEUR for cash. The exchange takes place at the conditions specified in the “List of Prices and Services”. With the declaration of intent “binding exchange”, the users submit a binding contract offer. The receipt of the contract offer will be confirmed by e-mail. Such confirmation e-mail does not constitute an acceptance of the contract offer, unless the acceptance of the contract offer is expressly declared. Upon acceptance of the contract offer by e-mail, a binding exchange contract is concluded with Digital Cash. There is no claim to acceptance of the contract offer.
- The user declares in writing (e.g. letter with original signature) that he/she wishes to redeem DCEUR for euro cash. In the next step, the user and Digital Cash agree on the cash handover process, which includes delivery logistics, handover and verification. DCEUR can only be redeemed for cash if the amount of cash requested reaches the minimum amount specified in the “List of Prices and Services”. This will incur further additional charges, which are also listed in the “List of Prices and Services”. Subsequently, users will be confirmed the amount of Euro cash they will receive for redeeming the selected DCEUR. The redemption of DCEUR shall be carried out under the conditions specified in the “List of Prices and Services”. The receipt of the order will be confirmed by e-mail. Such confirmation e-mail does not constitute an acceptance of the order, unless the acceptance of the order is expressly declared. With the acceptance of the order by e-mail Digital Cash commits itself bindingly to execute the order. There is no claim to acceptance of the order. The acceptance e-mail contains information on the cash delivery process.
4. Risk notice
DCEUR are subject to price fluctuations in the financial market over which Digital Cash has no control. Earnings generated in the past are no indicator for future earnings. A total loss of the users’ investment cannot be excluded.
Fees for the use of the platform and the services of Digital Cash result from the list of prices and services, which is published on the website of Digital Cash.
6. Contract duration
The user agreement is valid for an indefinite period of time.
- Digital Cash may take the following measures if there are concrete indications that a user is violating legal regulations, regulations of the T&C or rights of third parties or in order to protect users, Digital Cash or third parties from fraudulent activities:
- Warning users
- Restriction of the use of the platform, in particular the redemption and exchange of DCEUR
- Temporary blocking
- Final blocking
- When choosing a measure, Digital Cash will take into account the legitimate interests of the user concerned, in particular whether there are any indications that the user was not at fault for the infringement.
- Digital Cash may permanently exclude a User from using the Platform (permanent exclusion) if
- the user has provided false information during registration or checks under the Money Laundering Act or has submitted or uploaded forged documents or documents for the purpose of deception;
- the user transfers his user account or grants third parties access to it;
- the user significantly harms other users or Digital Cash;
- the User causes substantial damage to third parties by means of the Digital Cash platform or services;
- the user repeatedly violates the GTC or
- another important reason exists.
- After a user has been permanently blocked, there is no entitlement to restoration of the blocked user account and access to the platform. Furthermore, in the event of a final blocking, the user is prohibited from using the platform and the services of Digital Cash by means of another user account and from registering on the platform again.
- Users may terminate the user contract at any time. The right to extraordinary termination for cause remains unaffected.
- Digital Cash may terminate the user agreement at any time with one calendar month’s notice to the end of the month. The right to block the User and the right to extraordinary termination for good cause shall remain unaffected. An important reason exists in particular if Digital Cash is entitled to permanently block the User.
- As soon as the user contract has been effectively terminated, the affected user may no longer use the services of the platform, even with other user accounts, and may not register on the platform again. Termination shall not affect the validity of any redemptions already made by DCEUR.
9. Technical information about the platform
- Digital Cash provides users with a platform with high availability.
- In order to be able to guarantee the quality and further development of the platform, Digital Cash is entitled to carry out maintenance work. As far as possible, Digital Cash will carry out the maintenance work at times with low utilization of the platform. Maintenance work will be announced to the users.
- Digital Cash is entitled to keep the Platform unavailable due to urgent adjustments or updates of the IT infrastructure used for the Platform to remedy security vulnerabilities, acutely unstable software and hardware or in case of imminent danger, such as ongoing attacks. In such cases, Digital Cash may also perform unscheduled and unannounced maintenance. Digital Cash will, however, endeavor to notify users immediately and inform them of the status of the maintenance work.
- Section 10 of the GTC (Liability) shall remain unaffected by the above provisions of this section.
- Digital Cash shall be liable to the User for damages in all cases of contractual and non-contractual liability in the event of intent and gross negligence in accordance with the statutory provisions.
- In other cases, Digital Cash shall only be liable – unless otherwise provided for in paragraph 3 – in the event of a breach of a contractual obligation, the fulfillment of which is a prerequisite for the proper execution of the contract of use and on the compliance with which the User may regularly rely (so-called cardinal obligation), limited to the compensation of the foreseeable and typical damage. In all other cases, Digital Cash’s liability is excluded subject to the provision in paragraph 3. Digital Cash is not liable for disruptions in the contract of use that are caused by third parties and over which Digital Cash has no influence.
- Liability for damages arising from injury to life, limb or health shall remain unaffected by the above limitations and exclusions of liability.
The User shall indemnify Digital Cash against all claims asserted by third parties against Digital Cash due to improper use, use in breach of contract or illegal use of the user account and the platform, provided that the User is responsible for the improper use, use in breach of contract or illegal use. In this case, the User shall bear the costs of the necessary legal defense of Digital Cash including all court and attorney fees in the statutory amount. In the event of a claim by a third party, the user is obligated to immediately, truthfully and completely provide Digital Cash with all information necessary for the examination of the claims and a defense.
Information on data protection is contained in the privacy information on the Digital Cash website.
13. Cancellation policy
If Users are consumers pursuant to Section 13 of the German Civil Code (“BGB“) (i.e. natural persons who conclude or place the User Agreement, the Swap Agreement or the Order for purposes that can predominantly be attributed neither to their commercial nor to their independent professional activity), the Users shall have a right of revocation with respect to the User Agreement, the Swap Agreement and the Order in each case in accordance with the following provisions.
Section 1 Right of revocation
You can revoke your contractual declaration within 14 days without giving reasons by means of a clear declaration. The period begins after conclusion of the contract and after you have received the contractual provisions, including the General Terms and Conditions. To meet the revocation deadline, it is sufficient to send the revocation in time if the declaration is made on a durable medium. The revocation is to be sent to:
Digital Cash GmbH
c/o WeWork, Taunusanlage 8, 60329 Frankfurt am Main, Germany
Consequences of revocation
In the event of an effective revocation, the services received by both parties shall be returned. You shall be obligated to pay compensation for the value of the service provided up to the time of revocation if you were made aware of this legal consequence prior to submitting your contractual declaration and expressly agreed that the performance of the service in return could be commenced before the end of the revocation period. If there is an obligation to pay compensation for lost value, this may mean that you still have to fulfill the contractual payment obligations for the period until the revocation. Your right of revocation expires prematurely if the contract has been completely fulfilled by both parties before you have exercised your right of revocation. Obligations to refund payments must be fulfilled within 30 days. This period begins for you with the dispatch of your revocation, for us with its receipt.
End of the cancellation policy
14. Complaints and arbitration
Users can contact Digital Cash directly at firstname.lastname@example.org in case of complaints.
15. Final provisions
- The user can view and save the current version of these GTC via the platform.
- The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods, provided that no mandatory statutory provisions (in particular consumer protection provisions) conflict therewith. Consumers may at any time invoke more favorable provisions of their home law.
- The contractual language is German. The German version of the GTC shall be decisive for the interpretation.
- If the User does not have a general place of jurisdiction in Germany or in another EU member state, or if the User is a merchant or a legal entity under public law, or if the User moves its permanent place of residence abroad after the GTC become effective, or if the User’s place of residence or usual place of abode is unknown at the time the action is filed, the exclusive place of jurisdiction for all disputes arising from this contract shall be the registered office of Digital Cash.
- Should individual provisions of the GTC be or become invalid, unenforceable or unenforceable in whole or in part, this shall not affect the validity, enforceability and enforceability of the remaining provisions of the GTC. The invalid, illegal, unenforceable and/or unenforceable provision shall be deemed to be replaced by such valid, legal and enforceable provision which corresponds as far as possible to the spirit and economic purpose of the GTC and the original intention of the parties.