General Terms and Conditions
GENERAL TERMS AND CONDITIONS PROVIDE NECESSARY INFORMATION TO USE THE PORTAL BRUMBLE.CZ. EACH VISITOR OF WWW.BRUMBLE.CZ (THE CLIENT) INDICATES ACCEPTANCE OF THESE TERMS. EACH CLIENT ACCEPTS THESE CONDITIONS, IF HE WISH TO USE ANY SERVICES OF THE PORTAL BRUMBLE.CZ.
1. THE PROVIDER AND PRELIMINARY PROVISIONS
The provider of www.brumble.cz portal is Jiří Klimeš, born 2. 8., 1985, place of business Masarykova 50 Luhačovice 763 26, Czech Republic, Identification Number: 033 74 025 (hereinafter referred to as provider). The www.brumble.cz portal offers sale, purchase and exchange of e-currencies / cryptocurrency / (hereinafter referred to as e-currency) through its website www.brumble.cz.
2. THE SALE, PURCHASE AND EXCHANGE
The conditions of sales, purchases or exchanges of e-currencies (hereinafter referred to as "Transactions") are agreed through transparent communication between the provider and the client in the chat window on the portal www.brumble.cz. All fees for eac transaction will be transparently communicated to the client in the chat window. The transaction can’t be realized without the explicit consent of both parties. If the client sends money to provider before the two-sided arrangement
being reached, the provider sends money (netto) back to the client's account. The provider undertakes to send the agreed amount of e-currency within 24 hours from receipt of payment to the bank account of the provider. The sales/purchase/exchange will be sent from the provider e-currency account with e-wallet to the client e-currency account with e-wallet.
3. THE METHOD OF PAYMENT
Client undertakes to pay the price of e-currency by cashless payment from a bank account held in his name or by depositing cash at the counter of the bank. It is not allowed to pay the price by the cashless payment from a bank account of a third party. Payment details (account number, bank code, variable symbol) are always communicated within the chat window.
4. IDENTIFICATION OF CLIENT
The provider (Jiří Klimeš, born 02.08, 1985 place of business Masarykova 50 Luhačovice 763 26, Czech Republic, Identification Number: 033 74 025) is the person liable under § 2 para. 1 point. b) 5 of the AML Act. 53/2008 Coll., “o nekterych opatrenich proti legalizaci vynosu z trestne cinnosti a financovani terorismu”. The provider therefore reserves the right to identify the customer independently of the amount of the transaction. Client identification is performed in the first exchange and by uploading the files to chat window. Activities provided by the provider are a case of a business relationship, the subject of which is the provision of payment services and which is closed remotely in accordance with law no. 89/2012 Coll., “obcansky zakonik”, as amended and the obliged person performs identification of the client by: a) The first payment within the business relationship will be carried out through an account held in the name of the client with a bank operating in the territory of a the European Union or the European economic area; b) client sends (uploads to chat window during the first exchange) to the obliged person a copy of the document confirming the existence of the account referred to in subparagraph a), (eg. a bank statement, a copy of the bank account contract); c) the client sends (uploads to chat window during the first exchnge) to the obliged person i) a copy of the relevant parts of the identity card and ii) at least one additional supporting document (eg. passport, driving license, invoice for the supply of electricity or phone ...), all of which enable the identification of the client. Copy (scan) of all identity cards and other documents must be legible and allow the possibility of keeping them and must include a photo of the identified person of such quality to allow verification.
The client explicitly agrees that the provider performs in accordance with the above, and in order to maintain security and transparency of transactions, as well as to protect the assets of other clients and the provider identification described above and agrees to go through the process of identification. The provider refuses to realize a transaction with a client if the customer refuses to undergo the identification or if identification can’t be done for any other reason, or if the provider has doubts about the veracity of the information supplied by the customer or the authenticity of the documents submitted by him.
Accepted types of identity cards:
- Identity card, passport, driving license, proof of residence permit for foreigners, gun license etc.
- Identity card can be accepted only if it meets the following requirements:
a) it is valid and issued by government;
b) it is not damaged beyond normal (eg. the missing sheets, gluing, transcribed, illegible, etc.).
c) the holder's photograph on the ID must match the actual appearance of the holder and must be
sufficiently clear and undamaged, and must allow with sufficient degree of probability the
identification of the holder.
5. ORDER CANCELLATION
The provider reserves the right to cancel a confirmed order without giving any reason. In this case, the amount paid by the client to purchase e-currency is sent back to the bank account (the account of the e-wallet), from which it was sent by the client. The client has the right to cancel a confirmed order without giving a reason if he has already entered a payment order of an amount corresponding to the price of e-currencies (the amount of e-currency sold by him) to the bank account (e-wallet account) of the provider, but the corresponding amount has not yet been credited to that account. In this case, the amount subsequently credited to account of the provider will be returned to the account from which it was sent. The provider charges no fees for such re-transfers, but these are charged according to the valid price list of relevant banks. In accordance with § 1837 point. b) Act no. 89/2012 Coll., “obcansky zakonik”, the client can’t withdraw from the contract concluded with the provider in accordance with these Terms and Conditions, because the price of e-currency, which is the subject of the contract depends on the fluctuations of financial markets beyond the control of the provider.
6. LIABILITY OF THE PROVIDER
The provider guarantees the client that the transaction will be executed or canceled. The transaction is considered made at the moment of sending the ordered e-currency to the e-wallet account (at the moment of sending the amount corresponding to the price of the purchased e-currency to the bank account) specified by the client in his order in the chat window. If a transaction can’t be performed for any reason, the amount of the purchase price of e-currency paid by the client (e-currency deposited on an e-wallet account of the provider) immediately sent back to the bank account (e-wallet account) from which it was received. The provider is not liable for damage or loss incurred by stating false e-currency account (bank
account) by the client, loss, theft or misuse of passwords for e-wallet account (bank account) of the client or his e-mail address, failure of the Internet or P2P networks of e-currency, or due to the negligence of the client or a third party, or their intentional infringement of the applicable law, these Terms and Conditions and purchase contract concluded on the basis of acceptance of the order by the client in the chat window.
7. TRANSACTION RISK
The client is fully aware of all the risks associated with transactions with e-currency, and its preservation, especially taking into account the risk of fluctuations in prices and the value of e- currency and the related possibility of significant changes in the amount of his investment in e- currency. The client further acknowledges that the current legal regulation of e-currencies and their trading is not entirely satisfactory, and this condition, as well as the interpretation of the applicable legal standards may change in the future, and therefore undertakes to respect these changes, as well as related changes to these Terms and Conditions.
Complaints can be made in accordance with these Terms and Conditions and applicable legislation. The provider will always make effort to oblige the client even if it is economically disadvantageous for him.
The provider processes personal data in accordance with law no. 101/2000 Coll., “zakon o ochrane osobnich udaju v aktualnim zneni” (hereinafter referred to as “ZOOÚ”) and is registered as an administrator at the Office for Personal Data Protection under the registration number 00,059,857. The client hereby consents to the collection, preservation and processing of personal data contained in the order and registration form of the provider for the purposes specified below. This consent is granted for all data contained in the form (name, social security number or date of birth, address, bank account number, email, phone, IP addresses and other personal information entered in the identity card / document establishing legal entities) throughout the entire period from the date of approval to his dismissal or termination of the website www.brumble.cz according to § 20 ZOOÚ. The client is aware of his rights according to § 12 and 21 ZOOÚ and declares that he is familiar with all the parts he is filling out to the order form and that data filled by him are accurate and true and are provided voluntarily. If the client assumes that the provider processes his personal data in violation of the law, the client my ask operator for an explanation or correction by a message sent to email of the provider. In accordance with § 5 ZOOÚ, all data contained in the form are collected and processed solely for the purpose of realization of transactions and sending commercial messages to the client in electronic ways according to Act no. 480/2004 Coll., “o nekterych sluzbach informacni spolecnosti”. The provider declares he will collect personal information to the extent necessary to fulfill the specified purpose and collected personal information will be processed only in accordance with the purpose for which they were collected. Employees of the provider or other natural persons who process personal data on the basis of a contract with a provider and other persons are obliged to maintain confidentiality of personal data, even after termination of employment or work according to § 15 ZOOÚ. Providing personal information is required and necessary because of the presence of the AML Law (see above).
10. VALIDITY OF TERMS AND CONDITIONS
The provider reserves the right to change these Terms and Conditions due to changes in legislation, market and economic conditions in the field of trading of e-currency or to allow the proper functioning of the provider's website and other provided services. Changes to the Terms and Conditions will be announced to the clients by their publication on the website of the provider. These changes will come into effect their publication.