Terms of Use

Virtual Currency Exchange Service

“SMARTECH SOLUTIONS SP. Z O.O.”

A. INTRODUCTION

This service – Virtual Currency Exchange Service” or “Exchange Service” – is operated by Smartech Solutions Sp. z o.o., headquartered in Łódź at Wólczanska 125, postal code: 90-521; registered in the Register of Entrepreneurs of the National Court Register under KRS number: 0000703458; NIP (Tax ID): 7252241592; REGON: 36885215200000; Registry Court: District Court for Łódź-Śródmieście in Łódź, 20th Commercial Division of the National Court Register.

We recommend that you carefully read these terms and conditions of use for the Exchange Service, which is owned and operated by Smartech Solutions Sp. z o.o., before using it. If you do not agree with the terms of service described below, you should not use this service. Continuing to use and browse any of its content constitutes automatic, unconditional, explicit acceptance, accession, and agreement to the terms specified in these Terms and Conditions. Furthermore, you agree that Smartech Solutions Sp. z o.o. reserves the right to unilaterally modify these terms governing the use of the service as a whole at any time, even without prior notice.

B. PROHIBITION OF USE

Smartech Solutions Sp. z o.o. categorically prohibits the use of cryptocurrencies or cryptocurrency wallets in transactions related to broadly understood activities that are contrary to any provisions of universally binding law. Before using the Exchange Service, ensure that you comply with Polish law and European standards, and that your actions are lawful. If you have any doubts about this, do not conduct any transactions using the Exchange Service operated by Smartech Solutions Sp. z o.o. By using the service, the user hereby explicitly, voluntarily, and without any reservations declares that they will not use our services to conduct illegal activities.

Furthermore, the user may not use the Exchange Service:

If they are under eighteen years of age;
If they do not agree with any provision of the Terms and Conditions;
If any provision of the Terms and Conditions is unclear to them.

C. WARNING

Smartech Solutions Sp. z o.o. pays particular attention to the potential risks associated with trading any so-called virtual currency. Before using the service, we encourage you to carefully consider your decisions regarding participation in cryptocurrency purchase or sale transactions. Smartech Solutions Sp. z o.o. is not responsible for any ill-considered transactions. By accepting these Terms and Conditions, you declare that you are fully informed about these risks and accept the possibility of their occurrence:

Smartech Solutions Sp. z o.o. is neither a bank nor another financial institution, does not store cryptocurrencies as bank deposits, and is not subject to regulations governing financial institutions. Furthermore, Smartech Solutions Sp. z o.o. is not an investment advisor and does not provide advice regarding cryptocurrency purchases. If the value of cryptocurrencies suddenly drops to zero after purchase, Smartech Solutions Sp. z o.o. bears no responsibility for any resulting losses. All purchases or sales of cryptocurrencies via the Exchange Service operated by Smartech Solutions Sp. z o.o. are made at your own risk. These transactions involve solely the purchase or sale of cryptocurrencies using Polish zlotys or other cryptocurrencies, as applicable.
Cryptocurrencies are not regulated or issued by a central bank or under its guarantee, are not recognized as state currency, are not issued by any authority, and are instead created within a network using a specific algorithm. Cryptocurrencies are not widely used in transactions and are highly volatile.
Smartech Solutions Sp. z o.o. is not responsible for the loss of capital for any reason and does not guarantee a refund in the event of a loss. While Smartech Solutions Sp. z o.o. takes all necessary measures to ensure the security and continuity of transactions, you must be aware that there are no specific statutory safeguards in place in the event of exchange platform failure or closure.
Transactions conducted via the Exchange Service may be irreversible. In the case of losses resulting from fraudulent activities by third parties, recovering your funds may be impossible.

D. SECURITY

We kindly ask you to exercise caution when using this service. Follow the instructions displayed on the service interface and ensure that after each transaction step, you securely store all your data. After completing the transaction, keep your money or crypto coins safe.

Only situations strictly specified in these Terms and Conditions allow for the cancellation of a transaction. This is generally possible before the transaction is completed, and in particular in the case of technical problems or other unusual events. In case of problems related to the transaction, please contact us by phone at +48 507 116 116 during business hours and days.

E. INSTRUCTIONS FOR USE AND TRANSACTIONS

When using the Exchange Service operated by Smartech Solutions Sp. z o.o., you should be aware that each new cryptocurrency is created "online" using software with high computational requirements during a process called "mining." The growth of circulating digital money is stable, and therefore only small amounts of digital currency are released. To complete a transaction (sending cryptocurrencies from one wallet to another), at least one confirmation is always required, but sometimes two confirmations are needed, which may cause a slight delay in the entire transaction process.

E.1. PURCHASING CRYPTOCURRENCIES

You can purchase cryptocurrencies through the Exchange Service operated by Smartech Solutions Sp. z o.o. If you want to purchase cryptocurrency via the Exchange Service operated by Smartech Solutions Sp. z o.o., follow the instructions below:

The exchange service accepts payments in Polish zloty (PLN) or Euros (EUR). The service does not accept other denominations or currencies. Smartech Solutions Sp. z o.o. does not guarantee that the requested amount of cryptocurrency is always immediately available; however, it guarantees that each transaction will be completed and that you will ultimately receive the requested amount of cryptocurrency.
Remember that after the transaction confirmation, the transaction CANNOT be canceled.
The user does not have the right to withdraw from the transaction due to cryptocurrency exchange rate fluctuations over which Smartech Solutions Sp. z o.o. has no control. The lack of the right to withdraw from the contract is confirmed in the Consumer Rights Act.

E.2. SELLING CRYPTOCURRENCIES

You can sell your cryptocurrencies via the Exchange Service operated by Smartech Solutions Sp. z o.o.. However, the transaction will be completed, and you will receive your money only via the Bcash® Exchange Service operated by Smartech Solutions Sp. z o.o. If you want to sell cryptocurrency, follow the instructions below:

The exchange service provides payouts in Polish zloty (PLN) or Euros (EUR). The service does not provide other denominations or currencies. Smartech Solutions Sp. z o.o. does not guarantee that the requested amount is always immediately available; however, it guarantees that each transaction will be completed and that you will ultimately receive the requested amount.
Please note that after sending cryptocurrencies, the transaction CANNOT be canceled.
The user does not have the right to withdraw from the transaction due to cryptocurrency exchange rate fluctuations over which Smartech Solutions Sp. z o.o. has no control. The lack of the right to withdraw from the contract is confirmed in the Consumer Rights Act.

E.3. RESERVATIONS

These reservations apply only when you sell your cryptocurrency via the Exchange Service. In particular, if within twelve (12) months from the date of receiving the transaction confirmation, you do not collect (via the Exchange Service operated by Smartech Solutions Sp. z o.o.) the PLN amount or EUR amount indicated therein. If you delay in collecting the money, you must be aware that you voluntarily and unconditionally accept these terms and agree that the amount you ultimately receive after the expiration of this twelve-month period will be reduced.

The reduction of the payout amount due to the delay in collecting the money is set proportionally and amounts to:

If you delay collecting the money for more than 12 months, the payout will be reduced to 80% of the PLN or EUR amount indicated on the transaction confirmation;
If you delay for more than 13 months, the payout will be reduced to 60% of the PLN or EUR amount;
If you delay for more than 14 months, the payout will be reduced to 40% of the PLN or EUR amount;
If you delay for more than 15 months, the payout will be reduced to 20% of the PLN or EUR amount;
If you delay for more than 16 months, the payout will be reduced to 0% of the PLN or EUR amount indicated on receipt—meaning you will receive NO money.

F. PRICE AND DELIVERY

Before using this service, ensure that you consider the initial price of the cryptocurrency and the sale/purchase price offered by Smartech Solutions Sp. z o.o., which differ due to commission fees that may vary from day to day. For this reason, before using this service, make sure that you are fully aware of the total transaction cost and the commission you will have to pay.

The service can issue one (1) or two (2) transaction receipts. The first receipt relates to cryptocurrencies specified in the QR code. The second receipt relates to the successful execution of the transaction, where you can find, among other things, the transaction amount, the sale/purchase price depending on the type of transaction, the commission rate, any VAT fee, etc.

The commission rate for sale/purchase is determined unilaterally by Smartech Solutions Sp. z o.o. and may range from 1% to 7% of the cryptocurrency exchange platform price (e.g., Kraken). The final sale/purchase price, including the commission, will always be displayed on the interface of the Exchange Service operated by Smartech Solutions Sp. z o.o.

G. POSSIBLE TRANSACTION IRREGULARITIES

Smartech Solutions Sp. z o.o. makes every necessary effort to smoothly conduct transactions via this service. However, there is always the possibility of problems occurring during transactions. Smartech Solutions Sp. z o.o. is not responsible for any property or non-property damages or loss of profits for any reason, present or future, not guaranteeing the continuous operation of this service, which may be interrupted at any time for reasons beyond the control of the service and Smartech Solutions Sp. z o.o., for example, due to necessary maintenance or repair work of the service, technical failure, maintenance work performed by the Internet provider, improper service provision by the Internet provider, or other technical reasons for which third parties are responsible (e.g., power outages), or due to force majeure, for which reasons in any case Smartech Solutions Sp. z o.o. is not responsible.

If any of the above or other problems occur during a transaction:

If the transaction involves purchasing cryptocurrencies, the money you have transferred before the problem occurred will remain in the system. However, the transaction will not be completed, and you will be able to recover your money. In such a case, please contact us.
If the transaction involves selling cryptocurrencies and the problem occurred after trying to send cryptocurrencies, the system will not process the transaction. The transaction will not be completed, and you will be able to recover the same amount of cryptocurrency. In such a case, please contact us.

In the event of any of the above or other technical or transactional problems related to this service, please contact us by phone at +48 507 116 116 during business hours and days.

H. OPERATING HOURS

The Exchange Service operates during the business hours. The service is owned by Smartech Solutions Sp. z o.o., headquartered in Łódź at Wólczanska 125, postal code: 90-521; KRS: 0000703458; NIP: 7252241592; REGON: 36885215200000. You can contact us by phone at +48 507 116 116 or via email at info@smartechs.eu, from Monday to Friday between 10:00 am and 5:00 pm.

I. INTELLECTUAL PROPERTY RIGHTS

All intellectual property rights pertaining to texts, images, or any other content located on or related to this service are legally protected and belong to Smartech Solutions Sp. z o.o. or its suppliers.

J. FINAL PROVISIONS

1. These Terms and Conditions and all transactions specified herein are governed by Polish law.

2. The terms, provisions, and arrangements contained in the Terms and Conditions should be implemented to the fullest extent permitted by law. If any of these terms, provisions, or arrangements, or their implementation concerning any person or circumstances, are to any extent invalid or impossible to implement in whole or in part, then such term, provision, or arrangement should be interpreted in a way that ensures its fullest enforceability under applicable law. Notwithstanding the above, the remaining provisions of the Terms and Conditions or their implementation concerning any person or circumstances other than those for which they are invalid or their implementation is impossible shall have all the effects provided in these Terms and Conditions and shall be fully binding.

3. A client who is a consumer is entitled to refer to a permanent consumer arbitration court, as mentioned in Article 37 of the Act of December 15, 2000, on Trade Inspection (Journal of Laws No. 4, item 25, as amended), with a request to resolve a dispute arising from the concluded Sales Agreement. Information on how to access the above mode and procedures for resolving disputes can be found at the following address: http://www.uokik.gov.pl, in the subpage "Consumer dispute resolution."

4. If the services provided by Smartech Solutions Sp. z o.o. are not performed in accordance with these Terms and Conditions, the user may file a complaint.

5. A complaint may also be filed if the user or another person questions the quality of services provided by Smartech Solutions Sp. z o.o. or believes that their rights have been violated in connection with the operation of the Exchange Service.

6. A complaint may be submitted electronically via email to info@smartechs.eu.

7. The content of the complaint should include:

a) Name and surname;
b) Company name;
c) Email address;
d) Phone number;
e) Reason for the complaint and exact indication of the manner and scope of the violation;
f) If possible, presentation of evidence supporting the validity of the complaint—e.g., photos.

8. Smartech Solutions Sp. z o.o. will consider the complaint promptly, but no later than within 14 days from the date of its receipt in the correct form and content.

9. The response to the complaint will be provided to the email address from which it was sent.

K. DATA PROTECTION

1. On May 25, 2018, the Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, on the protection of natural persons concerning the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (hereinafter: “General Regulation” or “GDPR”), came into force. Smartech Solutions Sp. z o.o. supports all activities aimed at ensuring data security and raising awareness in this area. We would like to kindly remind you of the most important information regarding your personal data in connection with the entry into force of the GDPR.

2. In accordance with the applicable provisions regarding the protection of personal data, to ensure their proper protection, the person whose data is concerned should primarily be provided with information regarding the processing of their personal data specified in Articles 13 or 14 of the GDPR—depending on whether they were obtained directly from the person to whom the data relates or from other sources.

3. In light of the above, we would like to inform you that:

The administrator of your personal data (hereinafter: “Administrator”) is Smartech Solutions Sp. z o.o., headquartered in Łódź at Wólczanska 125, postal code: 90-521; registered in the Register of Entrepreneurs of the National Court Register under KRS number: 0000703458; NIP: 7252241592; REGON: 36885215200000; Registry Court: District Court for Łódź-Śródmieście in Łódź, 20th Commercial Division of the National Court Register; phone: +48 507 116 116.

Your personal data is processed based on Article 6(1)(b) of the GDPR, i.e., for the proper execution of cryptocurrency purchase or sale transactions.

Your personal data will be stored for the necessary period, i.e., generally for the period necessary for the proper execution of transactions and the fulfillment of obligations incumbent on the Administrator under applicable laws. At the same time, it should be noted that the Administrator may store personal data longer if such an obligation arises from legal provisions and to pursue or defend against claims of third parties, for the period of their limitation specified by law, in particular, the Civil Code. Depending on the scope of personal data and the purposes of their processing, they may therefore be stored for different periods. In each case, the longer personal data retention period decides.

4. In connection with the processing of your personal data, you have the right to:

a) Request access to your personal data from the Administrator;
b) Request the rectification of your personal data from the Administrator;
c) Request the deletion of your personal data from the Administrator;
d) Request the restriction of processing of your personal data from the Administrator;
e) Object to the processing of your personal data;
f) Transfer your personal data;
g) Lodge a complaint with a supervisory authority.

5. You can exercise the above rights and obtain information about their detailed scope by contacting us via email at info@smartechs.eu or by written contact using traditional mail to the address: Wólczanska 125, postal code: 90-521, Łódz.

6. Based on your personal data, the Administrator will not make automated decisions, including decisions resulting from profiling.

7. The recipients of your personal data will be exclusively entities authorized to obtain personal data based on legal provisions, i.e., providers of legal, accounting, banking services, technology-related services, providers of courier services, and printing and delivery of postal correspondence.

8. The Administrator makes every effort to ensure all physical, technical, and organizational measures to protect personal data against their accidental or intentional destruction, accidental loss, alteration, unauthorized disclosure, use, or access, in accordance with all applicable regulations.

9. Your personal data is processed electronically and manually, in accordance with methods and procedures related to the purposes of processing mentioned in point 2 above.