Terms of use
1. Introductory provision
1.1. These terms and conditions govern (hereinafter referred to as the "terms and conditions") the company's www.crazybutterfly.net portal services
crazybutterfly sro
Partizánska cesta 580/19
974 01 Banská Bystrica
Slovakia
ID: 53175433
(hereinafter referred to as the "operator")
in accordance with the Civil Code, they regulate the mutual rights and obligations of the contracting parties arising on the basis of a purchase contract (hereinafter referred to as the "purchase contract") concluded between the operator and another natural or legal person (hereinafter referred to as the "client") through the Internet portal at the address www. crazybutterfly.net (the "Website") and on peer to peer platforms.
1.2. Electronic currency (hereinafter referred to as "cryptocurrency") is a digital medium, it has a purely digital form defined by an algorithm and decentralized management of all users in the network (for example, Bitcoin, Litecoin , Ethereum , USD Tether and others).
1.3. Provisions different from the terms and conditions can be agreed in the purchase contract.
1.4. The terms and conditions are an integral part of the purchase contract.
1.5. The wording of the terms and conditions can be changed and supplemented by the operator. This provision does not affect the rights and obligations arising during the period of validity of the previous version of the terms and conditions.
2. Conclusion of the contract
2.1. The operator provides cryptocurrency exchange services or buying or selling them. Thus, this provision does not limit the possibility of the operator to conclude a purchase contract under individually agreed conditions.
2.2. Cryptocurrency exchange services are carried out remotely electronically.
2.3. To create an order, the client enters a request on a peer to peer platform. The request contains information mainly about :
- the client's intention to buy or sell cryptocurrency
- the amount of FIAT currency (converted according to the current exchange rate to cryptocurrency) for which the client is interested in buying cryptocurrency, or the amount of cryptocurrency (converted according to the current exchange rate to FIAT currency) that the client is interested in selling
- bank account number in IBAN format in case the client intends to sell cryptocurrency
2.4. The data provided in the inquiry are considered correct by the operator.
2.5. The method of payment is always made by transfer from the client's bank account to the operator's bank account if the client buys cryptocurrency, or to a cryptocurrency wallet on a peer - to - peer platform if the client sells cryptocurrency.
2.6. Depending on the nature of the request (amount of cryptocurrency or amount of FIAT currency), the operator is entitled to ask the buyer for additional confirmation (for example, in writing via e-mail or by phone).
2.7. The contractual relationship between the operator and the client is created by the delivery of the order and its acceptance by both contracting parties on the peer to peer platform.
2.8. The client acknowledges that the operator is not obliged to enter into a purchase contract, especially with persons who have previously materially violated the purchase contract, including business conditions.
2.9. The client acknowledges the use of remote communication tools when concluding the purchase contract.
3. Payment terms
3.1. Due to the high volatility of the cryptocurrency exchange rate, the exchange rate valid at the time the order is created on the peer - to - peer platform will be used.
3.2. Exchange service fees are already included in the current exchange rate. Fees in the blockchain network and any additional bank fees are paid by the client himself.
3.3. In the case of buying cryptocurrency, the client pays the price to the operator by cashless transfer to the account.
3.4. The operator requires payment of the entire purchase price before sending the FIAT currency or cryptocurrency, including bank fees or blockchain network fees, unless this happens, the operator will make the exchange only from the funds that will be credited to the operator's account or wallet, or cancel the transaction.
4. Order cancellation
4.1. The client has the right to cancel the order and request the return of the FIAT currency or cryptocurrency only until the moment the order is processed by the operator, as long as it meets the conditions of the applicable legislation and these terms and conditions.
4.2. The client will be refunded the funds he remitted to the operator, reduced by any transfer costs.
4.3. Cancellation of the order can be done by contacting the operator directly via email or chat on the peer to peer platform.
5. Mandatory identification of the client
5.1. The operator is an obligated person according to Act no. 297/2008 Coll. on protection against the legalization of income from criminal activity and on protection against the financing of terrorism (hereinafter referred to as "the law").
5.2. The operator is obliged by law to identify the client in the case of a transaction (or a sum of transactions) that exceeds the value established by law, or whenever it is a suspicious business transaction .
5.3. The identification of the client will take place through the verification program Sum and Substance .
5.4. The client makes a copy of the identity card through the Sum and Substance verification program .
5.5. By law, the operator must refuse to carry out the purchase or sale of cryptocurrency in the event that the client refuses to undergo identification, or the identification cannot be carried out for some other reason.
6. Risks and Limitations
6.1. The client is fully aware of the risks associated with cryptocurrency and its storage, especially the risk of price fluctuations and the unstable value of cryptocurrency.
6.2. By sending the order and paying for the service, the client confirms that the funds and cryptocurrency do not come from criminal activity. By sending the order and paying for the service, the client confirms that he is not a politically exposed person or a person against whom the Slovak Republic applies international sanctions. By sending the order, the client confirms his agreement with these terms and conditions.
6.3. The client is fully responsible for the correctness and completeness of the data filled in by him and acknowledges all the consequences resulting from the violation of this obligation.
6.4. In the case of purchasing a cryptocurrency, by sending the order, the client confirms the knowledge that cryptocurrencies are technically anonymous in their nature. He acknowledges that at the moment of validly sending cryptocurrency, the operator no longer has any control over them, cannot cancel the payment from that moment and cannot influence the return of cryptocurrency in any way.
6.5. The operator is not responsible for damages caused to the client by entering an incorrect or foreign wallet address, loss, theft or misuse of the password to the wallet, outages of the Internet network or the cryptocurrency network, violation of the basic rules of payment security by the client, or as a result of the negligence of the client or a third party , or their intentional actions in violation of applicable laws or these terms and conditions.
6.6. The client acknowledges that the operator is not responsible for the errors of third parties or as a result of using the website contrary to its purpose.
6.7. The operator does not in any way encourage the client to buy cryptocurrency. The client is fully aware of the risks and functioning of cryptocurrency and takes responsibility for his decisions.
6.8. The client undertakes to reimburse the operator for damage, incurred costs, or fines imposed in administrative proceedings led by supervisory authorities, if these arise as a result of activities on the part of the client.
7. Refund policy
7.1. Transactions which were already completed cannot be returned (transactions is considered completed in the moment the payment has been sent to you - either in FIAT or crypto. This means that completed orders cannot be refunded.
7.2. The operator and the client undertake to settle mutual obligations from the unexecuted purchase contract without undue delay. Both parties must demonstrate the legitimacy of their claim. We inform you that you can assert any of your rights and claims against us also within the framework of an alternative dispute resolved online. Online dispute resolution is provided by the European Commission and the Slovak contact point for online dispute resolution (RSO). In the same way, our claims against you can be asserted through the European platform. You can file a complaint through the online dispute resolution platform (RSO) at https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=SK
Using alternative dispute resolution saves money and time, as your complaint will be resolved within 90 days and without significant financial expenses.
8. Protection of personal data
8.1. The operator processes personal data in accordance with the Regulation of the European Parliament and the EU Council 2016/679 on the protection of natural persons in connection with the processing of personal data and on the free movement of such data and the applicable legislation of the Slovak Republic. More information can be found here: https://www.crazybutterfly.net/privacy-policy
8.2. The operator declares that he will collect personal data to the extent necessary to fulfill the stated purpose and process them only in accordance with the purpose for which they were provided. The operator is obliged to maintain confidentiality when processing personal data.
9. Final Provisions
9.1. The operator reserves the right to change these terms and conditions due to changes in legal regulations, or market and economic conditions in the field of cryptocurrency trading, or for the purpose of better functioning of the website.
9.2. Changes to the terms and conditions will be announced on the website and will be effective the moment they are posted.
9.3. The legal relationship between the operator and the client is governed by the terms and conditions valid at the time the order is sent.
The supervisory body is:
SOI Inspectorate for the Banskobystrica region
Dolná 46, 974 00 Banská Bystrica 1
Department of Supervision
bb@soi.sk
tel. no. 048/412 49 69, 048/415 18 71
fax no. 048/412 46 93
Contact us using the form
Effective from: 28.9.2022