Terms and Conditions
These are the general terms and conditions of Triaconta. By accepting the conditions, the General Terms and Conditions enter into force between the Customer and Triaconta BV. The parties agree that signing also means accepting the Terms and Conditions via one of the websites of Triaconta BV.
These Terms and Conditions are always applicable to all activities Triaconta performs for the Customer under the Agreement, for example when you use one of the Websites, purchase or sell cryptocurrencies through the Platform or the Website or manage your bundle. The Terms and Conditions contain important information for you as a Customer.
Article 1. Definitions
1.1 Agreement – every agreement between Triaconta and the Customer of which these General Terms and Conditions form an integral part.
1.2 Triaconta – The private company Triaconta B.V. located at Oudenhof 4B in Geldermalsen. Triaconta is registered with the Chamber of Commerce under number 69330808.
1.3. Customer – The natural person or legal entity who enters into an Agreement with Triaconta.
1.4 Account – The Customer’s administrative account, which is opened for the Customer after registration on the Website by Triaconta. Through this account the Customer can withdraw money and place orders. This account is not the property of the Customer, but indicates the claim the Customer has on Triaconta.
1.5 Website – The Triaconta website, available on https://triaconta.com and all subdomains.
1.6 Order – an order from the Customer towards Triaconta for the purchase or sale of a cryptocurrency.
1.7 Platform – The digital platforms and software programs of Triaconta or used by Triaconta to process the Orders.
1.8 Transaction – Each transaction that is for the Account and risk of the Customer’s Account, including, but not limited to, purchase and sale Orders of a cryptocurrency, withdrawals of Euro and deductions for services provided by Triaconta to the Customer.
1.9 Wallet – A software program that stores private and public keys. The wallet allows users to send and receive digital currency.
Article 2. Registration and first purchase
2.1. In order to be able to make optimal use of the Website, the Customer must register using the registration form on the Website.
2.2. The Customer must be at least eighteen (18) years old at the time of registration to use the Website and the services it offers. Should Triaconta discover that the Customer was not at least eighteen years old at the time of registration, Triaconta may immediately terminate access to the Account and cancel any outstanding purchase or sale Orders. The assets of the Customer are sold to Euro and paid out to the registered bank account.
2.3 Triaconta only accepts Customers and payments from Europe. Received payments from a non-SEPA bank account will be refunded (less bank charges ).
2.3. During the registration process, the Customer will be asked to provide an email address and full name as well as a password. The Customer is responsible for choosing a safe and secure password.
2.4. The Customer is responsible for protecting the confidentiality of all login details necessary to access the Account. All Orders that have been given via the Account of the Customer by using the login details are deemed to have been given by the Customer and are settled by Triaconta at the expense and risk of the Customer. Triaconta rejects any liability for misuse of the login details.
2.5 During the registration and first purchase process, the Customer will be asked to make a payment via iDeal or bank transaction. At the time of receipt of this payment, the IBAN bank account number used is linked to the Customer’s Account. The Customer can only deposit to Triaconta in euros from this bank account. Triaconta only pays out in euros on this bank account.
2.6 By entering his personal data on the Website, the Customer agrees that this data will be stored in one or more databases until the Customer stops the service. The relevant databases belong exclusively to Triaconta and are not accessible to third parties.
2.7 The Customer bears the responsibility for having and maintaining a good and safe:
- internet connection;
- computer, tablet, smartphone or other device with which the Internet can connect to the Triaconta Website, which is provided with up-to-date measures against, among other things, intruders, viruses, spam, etc .;
- email account that only the Customer has access to, and through which email account Triaconta email messages can be received unhindered.
2.8. The Customer can at any time replace the existing password with another password chosen by the Customer. It is the Customer’s responsibility to change the password immediately upon any suspicion from the Customer that the existing password is no longer safe. At the request of the Customer, Triaconta can temporarily block access to the Account.
2.9 Triaconta reserves the right to change the requirements for Customer verification. Triaconta whenever possible will notify the Customer at least 30 days prior to entering the changes. When additional authentication is required by law, existing Accounts can be locked and the funds frozen until the required verification is delivered.
Article 3. Prices and information
Article 3. Prices and information
3.1. The content of the Website has been compiled with the utmost care. Triaconta strives to provide complete and up-to-date information. Despite due care it may occur that information is out of date or contains inaccuracies. Customers are requested to alert this to Triaconta via firstname.lastname@example.org. Triaconta reserves the right to change any information on the Website. Triaconta is not liable for any damage that is the direct or indirect consequence of or related to the use of the information that is available on the Website.
3.2 The information that Triaconta shares with the Customer does not constitute advice and should therefore only be regarded as information. The information provided by Triaconta should not be regarded as a guarantee of the expected results of any Transaction.
3.3 The Customer understands that all prices of cryptocurrency are variable, very volatile and can change at any time. As a result, there is always a difference between the price on the Website and the price at which an Order is ultimately executed.
3.4 The Customer indemnifies Triaconta against claims from third parties and indemnifies them for damage, insofar as these claims or damage are the result of an error or culpable act by the Customer.
Article 4. Right of withdrawal / return shipment
4.1 The purchase and sale of Cryptocurrencies are excluded from the right of withdrawal, since they are products or services whose price is subject to fluctuations in the financial market, over which Triaconta has no influence and which can occur within the withdrawal period (Article 16 Exceptions to the right of withdrawal, DIRECTIVE 2011/83 / EU).
Article 5. General information about cryptocurrency
5.1. All purchases relate to digital goods without a fixed value. With each Transaction with cryptocurrency, the Customer agrees with the price that Triaconta receives or pays for at the moment of execution of the Order.
5.2 Triaconta has the right to vary the range of cryptocurrency on the Platform according to its own insight on the basis of market conditions. If a cryptocurrency is no longer offered on the Platform, the Customer is given the option i) to convert within 15 days to another offered cryptocurrency or ii) sell the cryptocurrency for Euro. If after 15 days no action is taken by Customer, Triaconta sells the cryptocurrency for Euro. The proceeds from these sales minus the costs are added to the Customer’s Account.
Article 6. Buying and selling cryptocurrency
6.1. The Customer acknowledges and accepts to be the only party responsible for the Transactions and composition of the Bundle and the tax liability you may incur in connection with buying, selling or holding cryptocurrencies.
6.2 By paying an amount in Euro to Triaconta, the Customer instructs Triaconta to use the amount received minus the costs for the purchase of cryptocurrencies in the distribution that the Customer has chosen in advance at the prevailing market prices.
6.3 When purchasing cryptocurrency, the Customer agrees this cryptocurrency is kept by Triaconta in the Triaconta Wallet. The purchase is administered on the Customer’s Account. As a result, the Customer will have a claim on Triaconta. A completed Transaction cannot be undone. Cryptocurrencies Transactions can never be changed or reversed. In that case, the Customer only has the possibility to sell the cryptocurrency at the then prevailing prices.
6.4 Entering the correct data, such as quantity, Order type and cryptocurrency, is the Customer’s own responsibility, as well as maintaining personal data and passing on changes. The Customer guarantees the correctness of the data provided by him. Failure to pass on any changes or not providing changes to Triaconta on time will be entirely at the expense and risk of the Customer.
6.5 When an unusual situation arises, whether technical, legal or otherwise, Triaconta may block the Customer’s Account and freeze the cryptocurrency until further verification.
6.6 When selling cryptocurrency, the Customer can choose to use the proceeds to purchase another cryptocurrency or to have it paid in euros. A completed Transaction cannot be undone.
6.7 Euros are deposited into the bank account registered by the Customer with Triaconta. Bank transactions are executed within 3 working days (excluding public holidays) after Triaconta has received the Order. Depending on the bank, these transactions may take one or more business days. The actual time needed to complete the transactions is outside Triaconta’s sphere of influence.
6.8 In the event of suspicion of criminal activities, Triaconta reserves the right to suspend the Transaction(s) until the legitimacy has been established.
6.9. Triaconta may cancel the Customer’s Order if the price or buyer is not reliable. Triaconta will return the money of the Customer as soon as possible if this occurs.
6.10 In the event of a suspicion or the actual use of an Account that violates the Terms and Conditions, Triaconta has the right to block or terminate the Account. Triaconta can set conditions for the return of the accrued value.
6.11 Triaconta can not guarantee that there is always sufficient supply and demand to fully or partially fulfill an Order.
6.12 Triaconta can not guarantee that all cryptocurrencies will always be tradable. Triaconta can postpone or refuse Orders should this situation occur.
6.13 Triaconta is authorized to engage third parties at its own expense in the performance of its obligations under the Agreement.
Article 7 Review and Balancing
7.1 Triaconta provides services to Customers for the management of their cryptocurrencies. The Customer is the manager of the Bundle of cryptocurrencies. Triaconta is only executor of Orders by the Customer.
7.2 The Customer declares that he does not consider the execution of an Order for a one-off or periodic change in the composition of the Bundle as a transfer of the management of the cryptocurrencies.
7.3 During a balancing, the Customer gives the Order to partly sell certain coins and to buy additional coins with the proceeds according to a chosen balancing formula. These formulas are explained here: https://triaconta.com/en/balancing-tool/. The Customer agrees that he will receive an overview of exactly what has been sold and purchased after the balancing has been carried out. Customer agrees that Transactions executed by balancing are final.
7.4 Customer has the option to schedule a balancing periodically. This means that the balancing as described in article 7.3. is carried out regularly according to a predetermined schedule.
7.5 Customer accepts all costs that come with a balancing. These costs can be found on the Website here https://triaconta.com/en/balancing-tool/.
7.6 During a revision, the Bundle composition is changed to the current composition of the pre-selected Bundle offered by Triaconta. Coins that are no longer in current composition are sold and the proceeds are used to purchase the coins that are missing in comparison with the pre-selected Bundle. Customer agrees that he will receive an overview of exactly what has been sold and purchased after the revision is done. Customer agrees that a Transaction executed by reviewing is final.
7.7 Customer has the option to schedule a revision periodically. This means that the revision as described in article 7.6 is carried out regularly according to a predetermined schedule.
7.8 Customer accepts all costs that come with a revision. The costs can be found on the Website here https://triaconta.com/en/revision-tool/.
Article 8 Security, risks, guarantees and cover
8.1. The Customer declares, confirms and guarantees that all amounts paid by the Customer to Triaconta do not in any way, either directly or indirectly, result from any unlawful act or omission or the product of any criminal activity.
8.2. The Customer recognizes and accepts that all Transactions relating to the trading of cryptocurrency only take place via the Platform that Triaconta offers and that the cryptocurrency can not be transferred to any other platform.
8.3 The Customer recognizes and accepts without reservation and irrespective of the information that Triaconta has provided to him that the value of cryptocurrency can change rapidly and also that a cryptocurrency can lose all value.
8.4. The Customer confirms ownership of the bank account number and guarantees the authenticity and validity of all information provided to Triaconta.
8.5 The Customer recognizes and accepts that he responsible for knowing whether it is permitted to trade Cryptocurrencies in his legal territory. All consequences ensuing from this are at the expense and risk of the Customer.
Article 9. Limitation of liability
9.1. Within the limits of the law, Triaconta is only liable to the Customer for direct damage as a result of an attributable shortcoming in the fulfillment of the Agreement.
9.2. There is no liability whatsoever for:
9.2.1. price differences due to delayed processing of purchase or sales Orders;
9.2.2. cancelaction or execution of Orders with clearly incorrect price indications;
9.2.3. power failures, network problems or hacker attacks that prevent the Platform from being used;
9.2.4. power failures, network problems or attacks by hackers as a result of which third-party systems necessary for business operations can not be used;
9.2.5. temporary or permanent suspension of trade in a cryptocurrency on the markets
9.2.6. damage resulting from the cancellation of the banking relationship by the bank
9.2.6. indirect damage (including consequential damages, lost profit, loss of data and intangible loss).
9.3 Triaconta will do its utmost to be operational 24 hours a day, 7 days a week, but can not guarantee that the Platform is fully operational at all times. Scheduled maintenance is announced at least 24 hours in advance via the Website.
9.4. Triaconta takes all steps reasonably possible and obtains general information from available sources in order to guarantee, to the best of its ability, that cryptocurrency exchanges used by Triaconta for holding or trading cryptocurrency are competent. Triaconta can not guarantee that any third party offering such services is financially sound and safe. Triaconta accepts no liability or responsibility for liquidation, receivership, theft by hacks or other failures of a cryptocurrency exchange, as a result of which the cryptocurrency of Customers may be wholly or partially lost.
Article 10. Personal data
10.1. Triaconta will process the personal data of the Customer in accordance with the privacy statement published on the Website.
Article 11. Terminating services
11.1. Triaconta may decide to terminate its services at any time. At such a moment all cryptocurrencies will be sold and all proceeds will be returned to the bank account registered with Triaconta. Triaconta will indicate this 30 days in advance.
Article 12. Final provisions
12.1. Each Agreement is governed by Dutch law and, unless determined otherwise by mandatory law, all disputes arising from the Agreement will be submitted to the competent Dutch court in the district where Triaconta has its registered office.
12.2. If a provision in these General Terms and Conditions is void, or is declared void, this does not affect the validity of the General Terms and Conditions as a whole. In that case, the parties may agree to substitute provisions, whereby the purpose and meaning of the original provision shall be heeded as far as possible.
12.3. Triaconta has the right to change these Terms and Conditions at any time. Triaconta will announce changes and additions at least 30 days before they take effect, so that the Customer can take note of this. If the Customer does not wish to accept a change or addition, the Customer has the right to terminate the Agreement until the date on which such a change or addition takes effect. Continued use after this date is considered as acceptance of the amended or supplemented terms and conditions.
If you have any questions, complaints or comments after reading these terms and conditions, you can contact us by email.
4191 NW, Geldermalsen