COINHOUSE TERMS AND CONDITIONS OF USE
(Version updated on 30/06/2022)
COINHOUSE is a simplified joint stock company with a capital of €10,000, whose registered office is located at 14 avenue de l’opéra 75001 Paris, France, registered under number 815 254 545 RCS de PARIS (hereinafter “COINHOUSE”), registered with the AMF as a Service Provider for Digital Assets, also known as Crypto-assets, under number: E2020-001. COINHOUSE provides access to Services (as defined below) relating to Crypto-assets to a clientele of Consumers and legal entities (the “Clients”). COINHOUSE enables its Customers to perform these Services through its Website, Mobile App and/or through its Customer Relationship Managers.
- Warning on risk factors
Access to a Client’s Coinhouse account is protected by default with an e-mail address as well as a password, both of which are chosen by the Client. Please note that the Customer must choose a complex password that is different from the passwords of their messaging services and other services that offer a password access. Access by a third party to a Customer’s Coinhouse Account can result in the theft of the Crypto-assets stored in the Account. Coinhouse cannot be held liable for thefts occurring under these conditions. We recommend that each Client reinforces the security of their Coinhouse Account by enabling double authentication (referred to as 2FA from hereinafter) following the guidelines and explanations provided during account creation as well as in our articles available under the category “Need help?” (https://support.coinhouse.com/hc/en-gb) on our website, Mobile App or by contacting Customer Support. Under no circumstances can Coinhouse be held accountable for any consequences caused by the loss, theft, phishing/hacking, usurpation, fraud, unable to access the email address linked to the Client’s Coinhouse account, their different devices, their phone or 2FA application, the securitisation of their password, their identification documents as well as their proof of residence or funds, which are all the Client’s responsibility.
Crypto-assets and the technologies on which they are based are innovative and relatively recent. Whatever their use (investment value, exchange value, representation of a right, etc.), Crypto-assets and their use entail several risks, including but not limited to: market risk, liquidity risk, volatility risk, and risk of total loss of funds in the event of a manipulation error or loss of the private key. These risks are listed and explained on our website under the “Compliance” section (https://www.coinhouse.com/fr/conformite/).
Investment in Crypto-assets is therefore not suitable for all Clients. It is the responsibility of Clients to inform themselves about the various Crypto-assets, the underlying technologies, and to understand what a Portfolio (as defined below) is, how to handle it and in particular how to make deposits and withdrawals of Crypto-assets. COINHOUSE provides free educational content, research notes and white papers written by its staff to assist its clients. The Need Help? and Insights sections of the website contain answers to a wide variety of questions.
COINHOUSE cannot be held responsible for any damage caused by an error in the address of the Portfolio attributable to the Customer.
On its Website, Mobile App and in its various media, COINHOUSE may indicate the past performance of the valuation of a given Crypto-asset (including its Price as defined below). COINHOUSE reminds its Clients that past performance is not indicative of future performance, and that Crypto-asset prices are particularly volatile (as an indication, they can vary by more than + or – 20% in one day) and that, as a general rule, there is no high performance without high risk.
Purchase of Crypto-assets, Purchase, Purchase order : acquisition by a Customer of a quantity of Crypto-assets sold by COINHOUSE against a payment in Euro by a means of payment accepted on the Website.
Airdrop : designates the gratuitous distribution of Crypto-assets under certain conditions.
Coinhouse App and/or Mobile App refers to the Coinhouse software application published and supplied by Coinhouse, providing access to the services as defined below, and which is available free of charge in Apple’s “App Store” and Google’s “Google Play Store” to be downloaded by the Customer on their Apple iOS and Android device. The Customer will need to have their own mobile phone with internet access and a recent operating system. The Customer is required to download the latest software version of the App on their mobile phone.
Operation Notice: a document sent by a Customer Service Officer for electronic signature by the Customer in connection with the performance of certain Services. The sending of this document is considered as proof of the execution of the Service in question.
Client Manager : Operator who assists Clients in the provision of Services and advice on the Crypto-asset market. The Client Officers, specially trained and identified as such, can intervene remotely (email, telephone or video system via the Internet) after having identified the Client or in the presence of the Client.
Clearing of a Purchase Amount : COINHOUSE calculates the amount of Crypto-assets to be received by the Customer upon a Purchase by dividing the Purchase Amount expressed in Euro by the Crypto-asset Price set by COINHOUSE at the time of the validation of the Purchase by the Customer.
Clearing of a Sale: COINHOUSE calculates the amount paid to the Customer in a Sale by multiplying the given quantity of the Customer’s Crypto-asset available in the Sale by a Crypto-asset Price set by COINHOUSE at the time of the validation of the Sale, minus the Transaction fees related to a Sale.
Special Terms and Conditions: Special Terms and Conditions are the various terms and conditions that specify all the specific contractual features of the TCU of COINHOUSE. The Special Terms and Conditions are added to or modify the TCU in order to adapt them to the specific case of a Customer and/or a Service. The Special Terms and Conditions proposed by COINHOUSE can be specified in a specific document or contract signed by the Customer or on any durable medium offered by COINHOUSE (including electronic signature system) and validated by the Customer who accepts them.
Safeguarding of access to Crypto-assets or “Safeguarding” or “Storage” of Crypto-assets: service provided by COINHOUSE to its customers, its objective being safeguarding and securing the access to their Crypto-assets. The Crypto-assets stored by COINHOUSE on behalf of its Customer are only accessible to the Customer according to procedures defined by COINHOUSE and accepted by the Customer who accepts these TCU.
Crypto-asset or Crypto-currency or Digital Asset: is a digital representation of values or rights that can be transferred and stored electronically, using blockchain or similar technology. Digital assets are legally defined as :
- The tokens mentioned in Article L. 552-2 of the Monetary and Financial Code, with the exception of those fulfilling the characteristics of the financial instruments mentioned in Article L. 211-1 and the savings bonds mentioned in Article L. 223-1 ;
- Any digital representation of value that is not issued or guaranteed by a central bank or public authority, that is not necessarily attached to legal tender and that does not have the legal status of money, but that is accepted by natural or legal persons as a medium of exchange and that can be transferred, stored or exchanged electronically
It should be noted that this legal definition may change over time. Digital assets do not have a single legal definition. The legal classification applicable to them, and the related regulatory regime, must be assessed on a case-by-case basis and in concreto, taking into account the specific characteristics of each project (ESMA report, Advice on Initial Coin Offerings and Crypto-assets, 9 January 2019; and EBA report, Report with Advice for the European Commission on crypto-assets, 9 January 2018).
For the purposes hereof, COINHOUSE considers that Non Fungible Tokens (NFTs) fall under the definition of Crypto-asset.
COINHOUSE offers different types of Crypto-assets, such as Bitcoin, Ethereum and stablecoins. The list is available on the Website, Mobile App and on request to Customer Service.
TCU: means the Coinhouse’s Terms and Conditions of Use governing the Services applicable to all Customers of COINHOUSE, if need be they will be amended by Special Terms and Conditions. The TCU are available and can be downloaded from the Website; Mobile App they are also sent to the Customer by email. The Client has to validate them when creating their account and during the realisation of each Service.
Customer: The Customer may be a Consumer within the meaning of the Consumer Code, a non-professional or a legal entity. The Customer must be a natural person within the meaning of Article 414 of the Civil Code and must not be under the incapacity listed in Article 1146 of the Civil Code.
Customer Account or Account: means a unique and personal account that allows access to the services of COINHOUSE on its Website and Mobile App. The identifier of a Customer Account is an e-mail address. A Customer Account is protected by a password which must be in the required format. COINHOUSE performs Login Checks and strongly recommends that customers use double authentication (“2FA”) to access the Customer Account on the Website, Mobile App and to make Transactions and Withdrawals, modify and provide Account information. By default, a Customer has a “Classic” Customer Account.
Validated Client Account:”Upon validation of a Client Account, the Client receives an email from COINHOUSE or from their respective Client Officer, informing them about the validation of their account”. COINHOUSE alone decides through it’s Compliance and Risk Management Department whether to validate a Client Account or not, on the basis of the identification data of the Client, its LCB-FT policy and the information provided by the Client. Only a Client with a validated Client Account can access the different Services.
Crypto Account: means a position-keeping account in which the quantity of a given Crypto-asset held by a Customer is recorded and is held in custody at COINHOUSE, together with its equivalent value in legal tender based on a Price provided as an indication. Each Customer has several Crypto Accounts associated with the validated Customer Account, the number of which is equal to the number of different Crypto-assets available for Transactions on the Website, Mobile App.
Paid account: refers to a commercial offer made by COINHOUSE to its customers. This includes Premium, Business Premium and Platinum Accounts, etc. This offer is valid after the concerned Customer’s payment of a non-refundable entry fee set by COINHOUSE and indicated to the client prior to subscribing to this commercial offer. This offer is valid for a period indicated at the time of subscription. The offer allows the beneficiaries to access additional services described on the Website, Mobile App during the period in which the subscription is effective and the Customer Account is validated. Membership of the Premium Status is validated by the Compliance and Risk Management Department of COINHOUSE, which reserves the right to refuse and suspend membership, without being obliged to reimburse the Customer for the non-refundable entry fee in case of non-compliance with the current TCU by the Client or inappropriate behaviour in regards to Coinhouse (i.e, the following list not being exhaustive, offensive, disrespectful or menacing behaviour etc.) . The offer and its eligibility requirements are set out on the Website, Mobile App and are available on request from Customer Services.
Consumer: means, in the sense of the provisions of the Consumer Code, any natural person who acts for purposes that do not fall within the scope of his or her commercial, industrial, craft, liberal or agricultural activity.
Conversion or Conversion operation: service offered by COINHOUSE consisting of exchanging a quantity of one type of Crypto-asset for a quantity of another Crypto-asset.
Technical failure: means one of the following cases resulting from an event not attributable to COINHOUSE, unavailability of access to the telephone network or the Internet by COINHOUSE or the Client, unavailability of access to COINHOUSE data hosted by third parties for reasons attributable to these third parties, by unavailability of access to COINHOUSE Portfolios, technical problem inherent in the operation of a Blockchain or a “smart contract”, unavailability of access to or manipulation of COINHOUSE’s bank accounts used to receive Purchases or credit Sales, unavailability or technical failure of COINHOUSE’s payment service provider (PSP) or methods linked to paying Transactions, unavailability of access to partner platforms or marketplaces for the purchase or sale of Crypto-assets operated by COINHOUSE for its own account, unavailability or loss of access to the Client’s Portfolio, events resulting from the action of hackers (digital pirates), logical attack or computer virus or any other malicious act on the computer systems of the Client, on those of the technical partners, or on the marketplaces used by COINHOUSE for Transactions and Custody.
2FA (dual authentication or two-step verification): This is a method by which a Customer can access their Customer Account, change Account information, provide a Wallet address, make a Transaction or Withdrawal only after presenting two separate forms of identification to an authentication mechanism. This security feature is strongly recommended for all COINHOUSE Customers.
Crypto Asset Deposit: a service offered by COINHOUSE that allows a customer to send themselves certain Crypto-assets from their Wallet to a Wallet address provided by COINHOUSE, for safekeeping at COINHOUSE in the Customer’s Crypto Account.
EUR-L: is a Crypto-asset whose parity in Euros is communicated daily to Coinhouse by an independent company, namely LUGH, a “société par actions simplifiée” (simplified joint-stock company) domiciled at 148 rue de l’Université 75007 Paris and registered with the RCS Paris under the number 884 976 440. The value of the EUR-L expressed in Euros is determined by LUGH and is therefore not guaranteed. The risk of a loss is significant. The EUR-L which is issued by LUGH under its exclusive responsibility is available to all COINHOUSE Customers. The EUR-L may be used by a Customer to perform Transactions and may be withdrawn or deposited to/from a Customer’s external Wallet. If Coinhouse allows it, a COINHOUSE Customer can sell or buy a quantity of EUR-L for Euros from COINHOUSE without passing through their own account or LUGH, under any circumstances. Please note that the EUR-Ls do not mean that the issuer, LUGH, is in debt to the Customers, who hold EUR-Ls, and who cannot therefore obtain a refund in Euros. The EUR-L cannot be qualified as a means of payment. For more information: https://www.lugh.io/.
Fork or fork of a blockchain: refers to the event by which an update to the protocol of a blockchain is accepted and implemented only by a part of the community of parties involved in the management, validation and propagation of that protocol. This event results in the creation of a new blockchain, which shares a common history with the original blockchain up to the time of the fork event, but which is no longer compatible after this event.
Transaction Fees or Commission: the amount in euros, or if applicable in Crypto-Assets, received by COINHOUSE as remuneration for the execution of a Transaction. The Commission varies according to the nature of the Transaction, the type of Client Account (classic, paying), the amount of the Transaction and the type of Crypto-asset. It is presented and explicitly validated by the Client prior to each Transaction. The calculation methodology is specified in article 9 as well as the pricing grid available on the website, Mobile App.
Intervention Fees: fees charged by COINHOUSE to the Client for the management of an outstanding payment, a payment incident, an incident on the Client Account, the management of a Transaction that has not been completed due to an error or omission by the Client or due to the absence of compliant evidence provided to the Compliance and Risk Management Department, in case of abuse by a Client, or for any other reason mentioned in the TCU. The amount of the Intervention Fees, which can’t be determined in advance and expressed in euros, is calculated as a percentage of the amount of the Transaction or as an equivalent amount in Crypto-Assets, or if necessary by a fixed amount with a minimum and maximum as indicated in the Pricing Grid available on the website, Mobile App and/or in the present TCU.
Storage Fees: fees collected by COINHOUSE for the conservation of a quantity of Crypto-assets on a Client’s crypto Account.
Swap Fees: fees collected by COINHOUSE for the conversion of a set amount of Crypto-assets held by a Client into another crypto-asset available on COINHOUSE.
Withdrawal Fees: fee charged by COINHOUSE for the Withdrawal of a set amount of Crypto-asset from an External Wallet due to the costs associated with the validation by blockchain computer systems of the transaction to transfer the quantity of Crypto-asset to the Customer’s Wallet. These fees are not ascertainable in advance and the calculation method of these fees is indicated in the Pricing Grid on the Website, Mobile App.
Force Majeure: according to Article 1218 of the Civil Code, an event beyond the control of its debtor, which could not reasonably be foreseen at the time of the entry into force of the TCUand whose effects cannot be avoided by appropriate measures and which prevents the performance of its obligation. If the impediment is temporary, the performance of the obligation shall be suspended unless the resulting delay justifies the termination of the agreement. If the impediment is permanent, the agreement is terminated by operation of law and the parties are released from their obligations.
Asset Management: Asset Management is a service aimed at investors wishing to delegate the management of their wallet of digital assets. A dedicated Coinhouse account manager gives guidance to the Customer with their investment transactions. Asset Management can be broken down into several levels of risk depending on the investor profile. The investor may request, by written notification, the movement of their funds from one option to another.
Pricing Grid: price list that summarises for each Service and Transaction the different applicable fees and/or their calculation method which will be collected by COINHOUSE and are available on the Website, Mobile App via the following link Pricing Grid | Coinhouse .
IBAN: International Banking Account Number stands for International Bank Account Identifier. It is associated with a BIC code.
KYC (Know Your Customer): term used in the context of the application of an anti-money laundering and anti-terrorist financing procedure and designating the steps to be taken to identify a Customer (Know Your Customer).
AML-FT or AML-FT: means the fight against money laundering and the financing of terrorism within the meaning of the Monetary and Financial Code and giving rise to the implementation of a system for evaluating client transactions in accordance with the regulations in force in France and Europe.
Purchase, Sale, Deposit and Withdrawal Limits: means, for a given Customer, the amounts equal to the maximum cumulative Purchase, Sale, Deposit and Withdrawal amounts that can be made by that Customer over a given period.
Management Mandate: a written contract on paper or other durable medium, by which a Client (the Mandate) empowers COINHOUSE (the Agent) to manage a portfolio of Crypto-assets, in accordance with his investment objectives, including his risk tolerance, his knowledge and experience and his financial situation, including his capacity to incur losses.
Gross Purchase Amount, Purchase Amount, Net Sale Amount: terms defined in Article 10.
Party: means the Customer and COINHOUSE, together or separately as the context requires.
Staff or Operator: any employee, contractor, service provider, trainee, agent or person designated as such, employed by COINHOUSE, its subsidiaries or its parent company.
Wallet: a computer application for controlling, receiving and sending Crypto-assets, the security of which is guaranteed by the use of cryptographic processes based on private and public key mechanisms. A Wallet contains one or more addresses used for the exchange of Crypto-assets and one or more private keys securing the assets. The disclosure, theft, or loss of the private keys may result in the total loss of the Crypto-assets.
External Wallet: a wallet owned and controlled by a Client and of which COINHOUSE has absolutely no control over. External Wallets are completely foreign to COINHOUSE’s IT system.
Crypto-asset’s Price or Price: a counter-value in Euros or another crypto-asset of a given Crypto-asset displayed to the client and set by Coinhouse as per a Client’s request.
The Crypto-asset’s Price is calculated and fixed by COINHOUSE by aggregating different counter-values of the Crypto-asset available on different trustworthy marketplaces or liquidity providers selected by COINHOUSE, a technical margin is added to this and fluctuates according to the following : the nature of the Crypto-asset, price and liquidity of the asset on market-places and liquidity providers partnered with COINHOUSE, amount that the Client has requested, the nature of the business relation between the Client and COINHOUSE as well as any other relevant criteria determined at the moment the Price is set.
The Crypto-asset’s Price is shown on several parts of the Website and Mobile App it is frequently updated (a few minutes between each update). When it isn’t indicated during a Purchase, Sale or Conversion operation, the Price is given as a reference and may represent the average between the value of a Sale and Purchase of a Crypto-asset and will therefore differ from the Price used to conclude the Transaction. Only the Price used during the Transaction is valid for its accounting and the application of the present TCU.
Unless otherwise stated or if Special Conditions apply, COINHOUSE therefore can’t guarantee a Crypto-asset’s Price in advance.
Customer Knowledge Questionnaire: a questionnaire designed for AML/CFT, anti-fraud, assessment of a Customer’s expectations, investment knowledge (including crypto) and risk tolerance, and sent to the Customer via an interface on the Website and Mobile App or directly by COINHOUSE staff. COINHOUSE reserves the right to refuse a Service to a Client, without compensation, in the event of a lack of response, partial response or unsatisfactory response to a Client Questionnaire within 72 hours of its communication to the Client.
Restitution: as this term is defined in Article 13.5.
Withdrawal: means the act of COINHOUSE sending, at the request of the Customer, a quantity of Crypto-Asset to the Wallet address provided by a Customer, it being understood that the Customer is solely responsible for providing this address and that COINHOUSE shall not be liable for the Customer providing an incorrect or non-owned address. Withdrawal is not available for all Crypto-assets offered by Coinhouse. Crypto-assets that cannot be withdrawn are indicated on the Website and Mobile App at the time of the Purchase process.
SEED: Backup data of a Crypto Wallet. This is in the form of a word list, and allows full access to the linked Wallet. This security allows the Wallet to be restored in case of loss, theft or destruction of the Wallet’s medium (phone, tablet, PC or other). This word list is strictly confidential. The storage in any form of SEED information is the sole responsibility of the Customer. COINHOUSE cannot be held responsible for any errors in the storage of the SEED of a Customer’s Portfolio or for its loss.
Services: refers to the set of services offered by COINHOUSE to its Clients from the Website and Mobile App or through an Operator or Account Manager. The Services include Transactions, Safekeeping, Withdrawal and Deposit of Crypto-assets, Portfolio Management or Crypto Saving Account. These services also include i) technical services, such as SEED retrieval, Wallet transfer, custody of certain Crypto-assets on behalf of the Client in a non-connected device such as a hardware Wallet, ii) investment advice on Crypto-assets, or iii) access to the monitoring of the Wallet and the investment services such as the Guided Management or the Crypto Savings Account on the Website and/or Mobile App, or iv) investment services in one or more Crypto-assets by way of a Management Mandate, staking offer or access to decentralised finance investment solutions as these terms are defined on the Website, Mobile App and commercially presented COINHOUSE reserves the right to offer the Services to its Clients according to their needs and risk aversion profiles. Certain Services may be subject to Special Conditions.
Website: refers to all the COINHOUSE Services accessible at the following web address (url): https://www.coinhouse.com , and in particular the Customer Account interface which can be accessed with their login details and, if applicable, the 2FA.
Crypto Account Balance: this is the amount of Crypto Assets available in a Customer’s Crypto Account.
Transaction: means Purchase, Sale or Conversion of Crypto-assets by a Client.
Crypto-Asset Sale, Sale or Sale Order: service whereby COINHOUSE buys a quantity of Crypto-Asset held by a Customer with a validated Customer Account in return for a payment in Euro made by transfer to the Customer’s bank account opened in the European zone.
Connection verification : procedure instated by COINHOUSE asking the Client to indicate a code transmitted to them by text or email to ensure that they are the source of actions done on the Client’s COINHOUSE account.
3. General provisions
These TCUs govern the Services offered to any Client on the Website and Mobile App, remotely and through an Operator. They constitute, together with the invoice, where applicable, the Special Conditions, the Transaction Notice, the Management Mandate and the Client Knowledge Questionnaire or any other document in lieu thereof, the only contractual documents binding on the Parties, to the exclusion of any other document (prospectus, presentation of Services, catalogues or photographs of Crypto-assets, etc.) which are only indicative and non-contractual. These TCU are applicable worldwide.
The general terms and conditions of purchase or sale of legal entities cannot replace or supersede these TCU and cannot be invoked against COINHOUSE, notwithstanding any provisions to the contrary.
When Crypto-assets are bought or sold in fiat currency, the Crypto-assets are sold or bought by COINHOUSE to Customers for a Price denominated in Euro (€), unless otherwise specified. Crypto Asset Conversion does not display a Euro (€) Price, as one quantity is exchanged for another quantity. The Conversion Fee can be expressed in euro by using the equivalence with the Crypto-asset Price.
4. Application of the Terms and Conditions of Use – Enforceability and Proof
The TCU are made available to the Client on the Website and Mobile App in accordance with Article 1127-1 of the Civil Code. They may also be communicated to Customers by email on request, by email or by post, in addition to the automatic communication and validation of the TCU when the Customer Account is created and when a Transaction is realised which signifies accepting their terms. They are also automatically communicated to the Client whenever they are updated. As a result, the TCU and their subsequent modifications are opposable to the Clients who acknowledge having been informed of them and accept them.
Communications, Services, Client documents and invoices are archived on a reliable and durable medium in accordance with Article 1379 of the Civil Code. All these elements have evidential value between the parties. In general, all computer documents of COINHOUSE are considered as proof between the parties.
5. Language of TCUs
These TCU may be translated into English in order to facilitate their understanding by Customers. Notwithstanding this translation, it is expressly agreed between the Parties that in the event of a dispute, only the French version of these TCUs shall be binding between the Parties.
6. Modification of the TCU
COINHOUSE has the right to change the TCU at any time. In the event of a modification of the TCU, the new version of the TCU is subject to the acceptance of the Customer who has 15 days to decline it. After this period of 15 days and if the Customer has not declined them, the TCU will come into force and will be applicable to any Service carried out by the Customer. If the Client declines the new version of the TCU, the Client must withdraw the funds held in his Client Account within a period of 15 days, at the end of which his Client Account will be closed under the conditions of Article 8.5.5. The version of the TCU applicable are those in force at the date of the performance of a Service. The Customer is advised to save the TCU in force on the day of the completion of the Services he has used, notwithstanding the archiving rules implemented by COINHOUSE.
7. Invalidity of a clause in the TCU
The invalidity of one of the provisions of these TCU shall not invalidate the entire TCU.
8. General rules applicable to the Services
8.1 Crypto-assets offer
The list of Crypto-assets offered by COINHOUSE is communicated to the customer via the Website and Mobile App or a Customer Service Officer. The Customer can also request this list by email. The list may change at any time without prior notice. In particular, COINHOUSE may unilaterally decide to no longer offer Services on a given Crypto-asset. This decision may be motivated by a possible legal or technological risk. In such a case, COINHOUSE will use its best efforts to notify the affected Customers within a reasonable period of time, offer solutions so that the Customers can withdraw the Crypto-assets to their Wallet, convert them to other Crypto-assets or sell them.
8.2 Service Offers
The list of Services offered by COINHOUSE to its Customers may change over time. These Services are communicated to the Customer via the Website www.coinhouse.com and Mobile App a Client Account, and or a Customer Service Officer.
Not all Services offered by COINHOUSE are available for all Crypto-assets offered. Some Services such as Deposit, Withdrawal, Conversion may be limited to certain Crypto-assets offered. Similarly, some Services may be restricted to a part of COINHOUSE’s Customers or may require a specific Customer Account, such as the Pay Account. The Customer should refer to the information provided on the Website, in particular when using a Service, to find out about any limitations, ask his Customer Service Officer or request information by email from Customer Service.
8.3 General provisions applicable to the Services on the Website
All Services that a Customer may use remotely must be performed on a durable written medium, from the Customer Account validated via the Website.
The Services offered by COINHOUSE can be accessed directly on the COINHOUSE Website from a validated, non-blocked or non-suspended Customer Account.
In case of difficulties in the proper execution of a Service or in the creation of a Customer Account, a Website Customer and COINHOUSE can communicate by telephone, email or via the support system used by COINHOUSE.
COINHOUSE reserves the right, without prior notice and without any possible compensation, not to validate a Customer Account, to refuse to perform any Service for a given Customer, or to block, temporarily suspend or delete a Customer Account under the conditions of article 8.9. More generally, COINHOUSE reserves the right to close down access to all or part of the Website, to suspend the execution or supply of all or part of the Services offered in the event of Force Majeure, Technical Failure, endangerment or threats to its Personnel or technical means of any kind.
8.4 General provisions applicable to Transactions and other Services initiated through a Customer Service Officer
Depending on the status of their Client Account (see the commercial offers on the Website), a Client may require the assistance of a Customer Service Representative to carry out a Service in person or remotely (by telephone, email, by electronically signing a form or by video conservation) during COINHOUSE’s regular opening hours, which are from 9:30 am to 6:30 pm (Paris GMT), all working days except for bank holidays, December 24th, December 31st, January 2nd and any other day mentioned on COINHOUSE’s Website and Mobile App its social media channels, messaging or an email notification (in particular when an Account manager is away). Coinhouse reserves itself the right not to execute or answer any request, any order that has been sent or confirmed by any channel (email, phone, reception of a signed Operation Notice etc.) outside of regular opening hours, except if Specific Conditions are applied or an agreement written by the Account Manager specifying their conditions has been written. COINHOUSE can not be held responsible for the consequences, financial or opportunity losses resulting from the non-execution or lack of a response to a request, an order made or received outside of regular opening hours.
The Customer is notified that conversations with the customer service are likely to be recorded or heard by COINHOUSE in order to constitute evidence, detect fraud and/or form the part of a study to improve the quality of the service.
These conversations will not be kept for more than six months after they have been recorded unless the regulations impose a longer retention period.
The Customer may, at any time, access, modify, rectify and object to their use for legitimate reasons by writing a signed letter and attaching a copy of their identity document, to: COINHOUSE SAS / Service Conformité et Gestion des Données / 14, avenue de l’opéra 75001 Paris – France. These requests must not affect the lawfulness of the processing based on the consent given before the withdrawal.
The User has the right to lodge a complaint with the CNIL (French Commission for Computing and Liberties). The User is notified that their personal data are kept or deleted after their death in accordance with the Regulations and that they have the right to give instructions on whether or not these data are to be communicated to a third party designated by them beforehand.
The request to perform a Service by a Client must be made by e-mail, by telephone, by any electronic document provided for this purpose or in the presence of the Client. Once the customer has made a request to a COINHOUSE Customer Service Representative or Operator to carry out a service, this request is irrevocable. The execution of the Service can be confirmed to the Customer by e-mail or by means of the electronic signature of a Transaction Notice or orally in the presence of the Customer.
A Customer can also be supported by a Customer Service Officer or an Operator in the event of difficulties encountered on the Website, without this being an obligation on the part of COINHOUSE to provide support.
In the event of abuse by a Customer in the use of a Customer Service Representative or Operator for the provision of Services (such as, repeated requests that haven’t been treated, multiple sollicitations, unreasonable resort to an Account Manager etc.) in the event of inappropriate or threatening behaviour by a Customer towards a Customer Service Representative or Operator, in the event of a breach by a Customer of its obligations as described in the TCU, and at the discretion of COINHOUSE, COINHOUSE may charge the Customer an Intervention Fee.
8.5 Opening a Customer Account
- Documents and information to be provided
The documents and information to be provided when applying for a Customer Account are indicated on the Website or are available upon written request to Customer Services. COINHOUSE will require, but is not obliged to provide, a legible and valid form of identification, a photograph (a selfie of the Customer with a handwritten note) or video of the Customer, a valid email address, the Customer’s telephone number, the Customer’s main residence address, information about income, occupation and assets, and a bank statement. In the case of a joint Client Account, identical documents may be requested from the other Client Account holder.
The nature or format of these documents (image, pdf document, etc.) may change over time. The list of documents required may differ in the case of the creation of a Client Account for a legal entity or an individual. The creation of a Client Account for a legal entity requires in particular the communication of a kbis (or equivalent) less than 3 months old, the articles of association, the register of beneficial owners as well as the company’s bank details.
In the course of the business relationship, COINHOUSE may ask a Customer to update his documents or to provide additional documents (in particular, proof of origin of funds, proof of income or assets, proof of purchase of Crypto-assets, answer to a Customer Knowledge Questionnaire) in order to enable him to access new Services, to enable the performance of a Service or to modify the Limits as provided for in article 8.6.
- Nationality and country of residence restrictions due to AML/CFT measures and Compliance and Risk Management procedures
The opening of a Customer Account and the maintenance of the business relationship with COINHOUSE is restricted to Customers who are of legal age, whose principal place of residence is in Europe and whose country of nationality is not on the list of countries under international sanction or countries not authorised by COINHOUSE. The list of these countries is indicated on the Website (https://www.coinhouse.com/authorized-nationalities/) and may change at any time and without prior notice by decision of COINHOUSE or by regulatory obligations. COINHOUSE cannot be held liable for the consequences of the termination of a business relationship with a Customer as a result of the blocking or suspension of his Customer Account due to the restrictions of his country of residence or nationality.
- Updating Customer Account Information
The Client undertakes to communicate as soon as possible any change of identity, financial or professional situation, change of address, telephone number, bank details, or any other change that may affect his investment capacity, and to provide new proof.
In the event of the expiry of his identity document, the Customer may be required to provide a new valid and complete document as soon as possible, failing which his Account will be suspended or blocked.
Once the Customer Account has been validated, certain information cannot be modified without a specific procedure communicated by Customer Services and upon presentation of supporting documents.
The Customer’s bank account details and Crypto Asset Withdrawal addresses are also sensitive data. Their modification is subject to a specific procedure described on the Website or communicated by Customer Services.
- Securing the Customer Account on the Website
The Client is the only one responsible for the safeguarding of access to their Coinhouse Account on the Website of which the default access method is via an email address and a password. It is imperative that the Customer protects their own Account by ensuring that the email linked to their Coinhouse Account isn’t compromised (and that only the Customer has access to it) and by using a complex password different to those the Customer usually uses before any Service can be performed. The very nature of how Crypto-assets work (especially the irreversible nature of the transfer from one wallet to another with a pseudo-anonymous wallet address) requires great vigilance, because a third party, who gains access to a Customer’s Coinhouse Account, can steal the Crypto-assets stored in the Account.
The Customer is recommended to set up the 2FA on his Customer Account in order to secure his information and access the Services. COINHOUSE may require the prior activation of the 2FA or Login Verification for certain operations. The Customer may be required to block his account himself if he considers that there is a security risk. This blocking request can be communicated to Customer Services or be made by following the instructions on the Website or received by email. A request by a Customer to unblock a Customer Account or to delete the 2FA requires a strict procedure to be followed and supporting documentation to be provided by Customer Services or a Customer Officer. This procedure can take from several days to several weeks. COINHOUSE reserves the right not to execute this request if the procedure is not followed and the requested documents are not provided and deemed valid.
Biometric recognition features (Face ID, facial recognition or digital fingerprint applications) may also be used to securely login to the Mobile App. This function is used to identify the Customer within the App using biometric recognition systems. For this to work the mobile phone or tablet must have a compatible scanner. This function is used instead of entering Recognition Codes (your customer number and your secret code) and guarantees the security of the login to the Application. The Customer agrees to save their own biometric data on a mobile phone or tablet that is only used by said Customer.
The Customer’s biometric data is not stored outside of the Customer’s phone and is never saved by Coinhouse.
Coinhouse reserves the right to change or add authentication terms applicable to all of its services or to certain specifically designated services. The Customer will be informed by email within a reasonable time.
- Deleting a Customer Account
A Customer can request at any time to delete his Customer Account, whether validated or not, by informing Customer Services by e-mail. COINHOUSE will comply with this request within a reasonable time and in accordance with the provisions of article 24. An Intervention Fee of a minimum of 20 euros including VAT may be applied at the discretion of COINHOUSE.
It should be noted that in order to meet its legal obligations, COINHOUSE implements a monitoring process for the purpose of LCB-FT and the application of financial sanctions. As a result, certain data will be kept for 5 years after the end of the business relationship.
When the Client has a positive balance on his Crypto Account, a distinction must be made:
When the balance of the Account is less than the equivalent of the minimum amount of the Withdrawal Fee communicated to the Customer on the Website or by the Customer Service, and the Customer wishes to close his Account, he must expressly renounce the amount in his Crypto Account. The Customer’s attention is drawn to the fact that any renunciation is final and that it will make it impossible to recover the funds at a later date.
- When the balance of the Account exceeds the minimum amount of the Withdrawal Fee: the Customer is informed that he/she is obliged to withdraw the retained funds in advance and to inform COINHOUSE when the withdrawal is made in order to be able to archive the Customer Account.
- If the Customer holds a Crypto-asset that cannot be withdrawn to an External Wallet, then the Customer shall sell the amount held of that Crypto-asset or, if applicable, convert it to a Crypto-asset that can be withdrawn (such as Bitcoin). If Sale or Conversion is not possible because the amount of Crypto-asset held is less than the minimum threshold for Sale or Conversion of that Crypto-asset as indicated on the Website and that the Customer will have approved prior to the execution of any Service, then the Customer must expressly waive the amount held in his Crypto Account of that Crypto-asset.
- Dual Account
A Customer Account is strictly personal and is created for the sole use of the Customer. Coinhouse allows only one Client Account per person.
However, a Customer may open both a Consumer Customer Account and a Legal Entity Customer Account provided that they have two different login email addresses and use separate payment methods for each Customer Account.
- Death, disability, incapacity of the client, execution of a court order
In the event of the death, disability or incapacity of the Customer or by court order, the Customer Account may be transferred to a successor upon presentation of supporting documentation, with the approval of the Compliance and Risk Management Department and if the successor meets the criteria for a validated Customer Account. If this is the case, the Crypto-assets in the Crypto Accounts will be sold by COINHOUSE and the proceeds of the sale will be paid to the beneficiary or if there is no Crypto Account, the Account will be deleted and the Product of the Sale will be deposited onto a Bank Account. An Intervention Fee of a minimum of 250 Euro may be applied.
8.6 Limitations related to the performance of the Services
- Minimum amount
COINHOUSE reserves the right to change at any time without prior notice the minimum value in Euro or quantity of Crypto-assets required for the performance of a Service for a given Crypto-asset (including the minimum Buy, Sell, Withdrawal, Conversion amount). These amounts are communicated on the Website, by the Account Managers and on request to the Customer Service. Unless otherwise stated on the Website, there is no minimum amount for the Crypto Asset Deposit.
- Maximum amount and setting of Limits
COINHOUSE theoretically allows its Clients to perform Services without a maximum amount limit as long as the Client Account does not present a security risk, the Client is able to prove the origin of the funds (in legal tender or in Crypto-assets) during a Purchase or Sale, and only if the Compliance and Risk Management Department has given a favourable opinion to the performance of the Service, following the analysis of the documents, of any Client Knowledge Questionnaires and more generally of the information transmitted by the Client.
Buying, Selling, Depositing or Withdrawing Limits can be set on a 365 day rolling basis, per day, over a given period of time or without a time limit and can apply to a given Crypto-asset in the Client Account. The value of the Limits corresponds to the cumulative amounts of all the transactions carried out over the period. The Purchase Limits may be different depending on the payment method.
The Customer is informed of this via the Website or by a Customer Service Officer.
- Case of Withdrawal or Deposit
Not all Crypto-assets available on COINHOUSE can be withdrawn or deposited to or from an External Wallet. It is the responsibility of the Customer to find out which Crypto-assets are supported. There is a minimum amount for a withdrawal. This is always available on the Website, on request from the Customer Service and from the Customer Managers.
A daily limit may be imposed on the Withdrawal on the Website for a given Crypto Account, in order to protect the Customer from possible security risks. In this case, the Customer is informed and a procedure, which includes a reinforced authentication, is communicated to him in order to lift this Limit.
COINHOUSE may require the customer to withdraw his Crypto-assets if their value in Euro exceeds a threshold set by COINHOUSE. In this case, COINHOUSE will inform the customer with 30 days’ notice and may offer the customer a more suitable custody solution.
COINHOUSE is entitled to ask the Customer for the nature of the external Wallet (physical Wallet, software Wallet, Wallet held with another Service Provider, Website Wallet, Mobile App Wallet) from or to which he/she is making a Deposit or Withdrawal, as well as the name of the person or entity owning the original Wallet or the destination Wallet.
As for the crypto-assets of Customers, for whom a withdrawal request has been made to an external Wallet, which has been refused by the Compliance and Risk Management Department, these will be sold by Coinhouse in Euros under the conditions provided for in article 9.2 and refunded using the means of payment used at the time of the Purchase transaction or, on an exceptional basis, by bank transfer to the account of the legitimate holder of the initial means of payment, once they have been identified. The refunded amount will correspond to the exchange value in Euros of the Crypto-assets at the time of the refund less the Administration Costs, which will be automatically applied, rather than the value at the time of the initial Purchase.
8.7 Verification and analysis during the execution of Services
Whatever the level of the Client Account, the Compliance and Risk Management Department, in the context of its action for LCB-FT and the prevention of fraud and risks, may decide at any time to suspend the execution of a Service for a given Client for a period which may not exceed 14 working days, from the request of the execution of a Service, COINHOUSE can’t be held responsible for the consequences of this suspension. Once the initial delay has passed and with no time limit, the Compliance and Risk Management Department can forbid the performance of Services, prohibit or limit the use of certain means of payment, block or suspend an account.
The questions that COINHOUSE asks the Customer enable COINHOUSE to get to know the Customer, to better understand the Customer’s motivations and to remove any doubts about the conditions under which the Customer wishes to have a Service performed. COINHOUSE is obliged by law to ask questions in accordance with the regulations.
- In the absence of a satisfactory response and cooperation from the Customer,
- In the event of a Transaction, COINHOUSE can cancel the Transaction in question and reimburse the Customer by deducting the Intervention Costs and any other losses incurred by COINHOUSE in connection with the execution of the Transaction.
- In the case of a Withdrawal, COINHOUSE can refuse the Withdrawal.
- In the case of a Deposit, COINHOUSE can refuse the Deposit and return the deposited amount of Crypto-assets with a deduction of a Processing Fee to the address to be provided by the Customer on its own responsibility.
- In the case of any other Service, COINHOUSE can cancel the Service and apply a Service Charge.
The supporting documents required by the Compliance and Risk Management Department include (but are not limited to)
- Additional identity documents (passport, driving licence, civil status, visa);
- Communicate as quickly as possible any change in your financial or professional situation;
- Proof of the origin of the funds (document proving that he is the holder of the means of payment used, bank statement, joint bank account statement, savings statement, tax notice, salary slip, notarised documents attesting to a sale, bank certificate, etc. ), and in case of Sale or Deposit: cryptographic addresses allowing to determine the acquisition dates of the Crypto-assets to be sold, proof of purchase, proof of mining, identity of the person or entity owning the Wallet of origin or destination;
- Certification by the Customer that he/she is aware of his/her request for Withdrawal at a given cryptographic address;
- Bank certificate validating the means of payment used;
- Documents related to the legal entity: company accounts, bank statement, bank certificate, beneficial owners, etc.
- Customer Knowledge Questionnaire ;
- Release of liability.
8.8 Notification by a Customer of a problem linked to the execution of a Service
In light of the technologies used in regards to Crypto-assets and their characteristics, if a Client notes a problem of any nature linked to a Service, the payment of the gross Purchase Value by bank card or bank transfer, the payment of the Net Sale Amount, the Customer needs to notify COINHOUSE of the issue within 7 calendar days after the execution or non execution of this Service, either by registered letter with an acknowledgement of receipt, or by contacting Customer Support and by bringing proof that Customer Support has been notified of the issue.
8.9 Suspension or blocking of a Customer Account
A Client Account may be suspended or blocked by the Compliance and Risk Management Department at any time for reasons related to:
- The procedure of knowledge of the Client ;
- The LCB-FT ;
- Upon request from the competent authorities;
- Non-compliance with these TCUs, in particular the provisions relating to means of payment (including the use of a VPN by the Customer);
- In the absence of a valid response from the Customer within a maximum of 7 working days to requests for evidence of his KYC or of the provision of a Service ;
- On the legitimate suspicion that the Client is a victim of fraud, theft, cyber-attack, extortion, manipulation, violence, blackmail or is unable to assess the risks associated with the Investments;
- Due to behaviour attributable to the Customer (insults, threats, abusive requests, etc.).
A suspended or blocked Customer Account will not be able to access the Services temporarily or permanently. COINHOUSE reserves the right at its discretion to apply an Intervention Fee to the suspension or blocking of a Customer Account.
COINHOUSE cannot be held responsible for any consequences of any kind of blocking or suspension of a Customer Account, in particular when a theft or loss of Crypto-assets on a Customer’s Crypto Account has occured before or after the blocking or suspension of the Customer’s Account for a reason attributable to the Customer.
8.10 Modification of a Withdrawal
Once a Withdrawal has been made by COINHOUSE, it cannot be changed, as this operation is irreversible and under the responsibility of the Customer.
8.11 No withdrawal period
Pursuant to the provisions of Article L.221-28, 2° of the French Consumer Code, the completion of a Purchase, Sale, Conversion, Deposit or Withdrawal transaction does not give rise to a right of withdrawal for the benefit of the Customer insofar as it concerns “the supply of goods or services whose price depends on fluctuations in the financial market beyond the control of the professional which may occur during the withdrawal period”.
The prices charged by COINHOUSE for all its commercial offers /services and/or their calculation methods are listed on the Website in the Price List available here Price List | Coinhouse and in the Need help? section. They are also available on written request to Customer Services.
9.1. Crypto Asset Price Information
The prices of the Crypto-assets that can be traded by COINHOUSE are communicated to the Client on the Website or at the Client’s request during a transaction carried out with the assistance of a Client Representative.
9.2. Calculation of Transaction and Intervention Fees
The Transaction Fee is determined as indicated below and in the Price List:
- Upon Purchase, the Purchase Fee is determined by multiplying the Commission Rate by the Gross Purchase Amount (as such term is defined in clause 10) divided by (1 + Commission Rate), the Commission Rate being expressed as a percentage.
- On Sale, the Sale Fee is determined by multiplying the Commission Rate by the quantity of Crypto-assets sold and by the Crypto-asset Price set by COINHOUSE at the time of the Sale Clearing.
- Upon Conversion, the Conversion Fee is determined by multiplying the Commission Rate by the countervalue of the Crypto-assets being converted.
Fees on Transactions are subject to minimums as indicated on the Website.
The commission rate may depend on the type of Client Account (e.g. Premium Account) and the payment method used.
In the event of an error attributable to the Customer (sending the wrong amount in Euros, exceeding the authorised time limit for the Transaction, use of an unauthorised or non-owned means of payment, lack of wording in the bank transfer at the time of the Purchase, communication of an incorrect IBAN or one linked to a bank account that does not belong to the Customer, irregularity of the Customer Account, reasons specified in article 8.9), COINHOUSE may apply an Intervention Fee per Transaction, which is added to the Transaction Fee. The Intervention Fee is calculated as a percentage of the euro equivalent amount of the Transaction or as a percentage of the quantity of Crypto-asset. The Intervention Fee may be subject to a minimum.
9.3. Communication of the Price of a Crypto-asset. Guaranteed and non-guaranteed price
The Price of the Crypto-Asset and the final amount of the Transaction Fee are fixed and communicated to the Customer:
- before the Customer confirms the Transaction made on the Website.
- after the Transaction has been carried out, if the Transaction is carried out directly by a Customer Representative acting at the request of the Customer.
In both cases, the Intervention Costs may be communicated later and invoiced separately.
The price is guaranteed:
- In case of Sale, Conversion, Purchase by bank transfer or credit card initiated and finalised by the Customer from the Website;
- In the case of a Purchase made with the help of a Customer Service Officer or an Operator, when the funds have been received by bank transfer, and if the Customer expressly states that they want to confirm or cancel the Purchase Operation made on the Website themself within the time period that will be indicated by email;
- If specified in the Special Conditions.
The Price is not guaranteed:
- In case of automatic recurring payment of Crypto-Asset Purchase or Recurring Sale ;
- In the case of a Crypto-asset Transaction carried out directly by a Customer Service Officer or an Operator, unless the Customer expressly requests otherwise;
- In the event of a Purchase by bank transfer made from the Website if the Customer is unable to access his/her Customer Account on the Website or if he/she does not cancel the Purchase at the end of the time period indicated by email;
- Following a modification of the Transaction requested by the Client or resulting from an error attributable to the Client, failure to comply with the TCU, in particular the procedures in Article 12, suspension of the Client Account or its blocking by the Compliance and Risk Management Department;
- In case of cancellation of the Transaction by the Customer ;
- When the Transaction has been suspended upon a decision of the Compliance and Risk Management Department;
- In the event of Technical Failure or Force Majeure.
No VAT on transaction fees
Transaction fees, withdrawal fees and deposit fees are not subject to VAT (Article 261 C, 1°-d of the CGI – BOI-TVA-CHAMP-10-10-40-50 n° 10; Article 135, paragraph 1, under d), e) and f), of the Directive 2006/112 – CJEU, 22.10.15, C264/14, Hedqvist)
9.4. Calculation of the Withdrawal Charge
COINHOUSE will charge the full Mining Fee to the Customer which are included in Withdrawal Fee. The Mining Fee is determined by using the information provided by the Wallets (in units/Byte) multiplied by the size of a standard transaction and by the Crypto Asset Rate. The Withdrawal Fee is calculated as a percentage of the gross quantity of the Crypto-asset being withdrawn including a minimum fee taken by COINHOUSE, according to terms indicated in the Price List.
9.5. Deposit pricing
The deposit of Crypto-assets by a Client in theirCrypto Account is free of charge, unless otherwise stated.
9.6. Pricing of Conservation
Storage of a quantity of one or more Crypto-assets by a Customer in theirCrypto Account is a free service unless otherwise stated.
The calculation of the Retention Fee is set out in Article 11 of the TCU. The Custody Fee is subject to French VAT in accordance with the legislation in force.
9.7. Withdrawal pricing
Withdrawal of Crypto-assets by a Customer from their Crypto Account is a paid service, unless otherwise stated, of which the calculation methods are indicated in the Price List.
9.8. Subscription pricing, specific pricing
Access to certain Services offered by COINHOUSE, the creation of a Client Account for a legal entity, access to support by an Account Manager are subject to specific pricing which may include the payment of a subscription over a given period.
These prices, which are presented on the Website and in the commercial documentation of COINHOUSE, correspond to a firm commitment on the part of the Customer to purchase the services.
Access to the Services and the benefits of a subscription-based Client Account are conditional upon payment and end at the end of the commitment period, as soon as payments stop or in the event of a written request from the Client. A subscription-based Service cannot be suspended. Once paid, a subscription is considered due and cannot be reimbursed even if it is stopped due to the Customer.
10. Purchasing Procedures
10.1. General procedures :
To make a Purchase, a Customer must have an open and validated Customer Account. A suspended or blocked Account cannot make a Purchase.
When making a Purchase, the Customer enters the type of Crypto-asset to be purchased (it being understood that this Crypto-asset is sold by COINHOUSE) and the quantity he wishes to purchase or the total amount in Euros he wishes to pay (hereinafter “Gross Purchase Amount”). The Purchase Amount is the Gross Purchase Amount after deduction of the Purchase Transaction Costs. It is the Customer’s responsibility to inform himself/herself about the volatility of the Crypto-asset prices. The Customer is free to cancel a Purchase prior to the validation of the payment and the latter is cancelled without charge and the funds are returned within 2 to 7 working days to the bank account used to send the funds.
For a Purchase on the Website or Mobile App, the procedure is described on the Website or on the Mobile App and the Price of the Crypto-active is displayed to the Customer prior to validation. The Customer has a period of time indicated on the Internet Site to pay for the Purchase and to finalise the transaction. Once the payment has been validated, the Purchase cannot be cancelled by the Customer. It can be cancelled by Coinhouse, notably in cases of Technical Failure or of Force Majeure.
In the case of a Purchase by transfer, the bank account used by the Customer must be identified, its bank must be in Europe (SEPA account), in particular a Consumer Customer cannot use a bank account of a legal person or vice versa. COINHOUSE reserves the right, without prior notice, to limit the number of bank accounts that a Customer can use.
Limits apply to Customer’s Purchases based on the Customer’s Account details, Transaction history and payment method used. The Customer may request an increase in his Purchase Limits from an Operator or via the Website or the Mobile App. The Customer may be asked to complete a Customer Knowledge Questionnaire provided by COINHOUSE.
An invoice is issued at the end of a Purchase and sent to the Customer by email or on request. The purchase history is also available on the Website or on the Mobile App.
The quantity of Crypto-assets purchased is available within a short period of time (maximum of 72 hours except in case of Force Majeure) in the corresponding Crypto Account of the Client. The application of LCB-FT or anti-fraud measures or the consequences of a lack of liquidity on the marketplaces used by COINHOUSE to carry out the transactions for their own account may delay the availability of the purchased Crypto-assets. COINHOUSE cannot be held liable for the consequences of this delay.
COINHOUSE cannot be held responsible for a refusal of the Purchase transaction by COINHOUSE and its consequences, due to the receipt of an amount different from the Gross Purchase Amount, incomplete or incorrect instructions in the wording of the bank transfer, the use by the Customer of means of payment (bank card or bank account) which do not belong to him or which cannot be linked to his Customer Account or for reasons justified by its Compliance and Risk Management Department due to the Customer’s KYC or LCB-FT.
If COINHOUSE cancels a Purchase for any reason attributable to the Customer after the Customer has paid the Purchase Amount, the Customer will be reimbursed minus any losses incurred by COINHOUSE due to the difference in the Crypto-Asset Price with the time at which COINHOUSE has cleared the Purchase Amount.
COINHOUSE is under no obligation to execute an expired or cancelled Purchase. A Purchase that has not been validated, paid for or partially paid for by a Customer will be deemed to be cancelled and may not be executed by COINHOUSE.
In the event of repeated errors (transfer without reference/wording, transfer not respecting the Limits, use of means of payment not belonging to the Customer, transfer from a bank account outside the European zone or unauthorised transfer) or any failure attributable to the Customer under the TCU, Intervention Costs will be applied and calculated on the Gross Purchase Amount
If a Purchase has not been completed after 360 days for a reason attributable to the Customer, the Gross Purchase Amount sent will be returned to the Customer at the Customer’s request, less the Intervention Costs plus 10% per day from the 361st day.
10.2. Purchase by credit card
The Customer has a few minutes as indicated on the Website or on the Mobile App to make the payment by credit card which will be confirmed by “3D-Secure”. The credit card used must be in the name of the Customer or the legal entity holding the Customer Account, must not be considered as an anonymous electronic payment method, must be valid and accepted by COINHOUSE. After the time limit displayed, the Purchase is indicated as “expired” and is cancelled. The Customer must not use a VPN for his connection, as the payment may be refused.
COINHOUSE cannot be held responsible for the consequences of the use of a bank card that does not belong to the Customer, a cancelled or failed purchase transaction.
10.3. Purchase by bank transfer
In the case of a Purchase by bank transfer, COINHOUSE will provide directly on the Website or the Mobile App the bank details of COINHOUSE (“COINHOUSE Bank Account”) and the exact instructions for the Customer to make the bank transfer, including the indication of a code to be used in the wording of the transfer (which may be of the type “CNHS xxxxxx”). The Customer is free to cancel the Purchase order at any time as long as the transfer of the Gross Purchase Amount has not been received on the COINHOUSE Bank Account.
The Customer must generate the Purchase operation on the Website or the Mobile App before making the transfer in order to validate that the Gross Purchase Amount does not exceed his Authorised Limit and in order to obtain an identification code for the operation to be specified in the wording of his bank transfer.
Once the payment of the Gross Purchase Amount has been received on the COINHOUSE Bank Account with the correctly indicated instructions within a maximum of 8 working days after the day after the initiation of the Purchase on the Website or the Mobile App, COINHOUSE proceeds to the verification of the Customer’s information. This validation can take a maximum of 72 hours, unless the Customer is notified (by email or telephone) of an anomaly or if COINHOUSE is unable to attribute the transaction to the Customer (e.g. Customer/Transaction not identifiable); in this case, the Purchase is suspended for a maximum of 45 days The Customer may be charged an Intervention Fee at the sole discretion of COINHOUSE.
The validation of the Purchase transaction by COINHOUSE triggers a notification (by email) to the Customer to inform him that he has a period of up to 72 hours to finalise the transaction himself or to cancel it without any costs. In case of cancellation, the refund of the Gross Purchase Amount is made within 7 working days except in cases of Force Majeure and/or Technical Failure. During this 72-hour period, the Customer may log in to his/her Customer Account and definitively validate the Purchase. The quantity of Crypto-assets to be received is calculated by offsetting the Purchase Amount using the Crypto-asset Price set by COINHOUSE at the time the Customer validates. Information on the Price of a unit of Crypto-Asset, the quantity purchased, and the Gross Purchase Amount are communicated to the Customer. If no action is taken by the Customer within 72 hours, the Purchase Transaction is automatically finalised at the Crypto-Asset Price set by COINHOUSE at the time the deadline expires. Transaction fees, calculated according to the terms indicated in the Price list, are indicated on the invoice.
Upon receipt of a valid bank transfer, if the Purchase has been cancelled or the Gross Purchase Amount does not correspond to the amount of the bank transfer received, COINHOUSE may at its sole discretion decide to recreate or modify the Purchase transaction with the correct amount. The Customer will then be informed by email and will have a period of time (communicated in the email and which can be up to 72 hours) to cancel the Purchase itself without any costs as in the procedure defined in the previous paragraph.
In the case of a recurring Purchase, the Customer must indicate in the wording of the transfer the words “recurring or recurr” as well as the name of the Crypto-Asset, as specified on the Website, the Mobile App or must inform Customer Services of his wish to set up a recurring transfer. Upon receipt of a valid bank transfer for a recurring transaction, COINHOUSE will proceed with the purchase according to the instructions without prior validation by the Customer who will be informed afterwards. A Purchase by recurring bank transfer cannot be cancelled and the Price of the acquired Crypto-Asset can’t be garanteed or communicated to the Customer in advance.
10.4. Purchase accompanied by an account manager
The purchase accompanied by an Account Manager applies mainly to customers paying by bank transfer. The Account Manager communicates the COINHOUSE bank account.
The Customer must inform the Relationship Officer of his planned Purchase before making the transfer in order to validate that the Gross Purchase Amount does not exceed his Authorised Limit. The Relationship Manager will respond to the Customer’s requests in accordance with the TCUs and the rules established by the Compliance and Risk Management Department.
Upon receipt of the transfer and after its validation, the Relationship Officer contacts the client by email or telephone to confirm the purchase transaction(s). The Relationship Manager will assist the Client in the investment process by reminding them of the risk factors and providing them with any analysis notes produced by COINHOUSE. The Client is the sole decision-maker regarding his Purchase, he is free to cancel his Purchase before it is validated and will be reimbursed free of charge, except for any Intervention Costs in the event of abuse or inappropriate behaviour.
Unless expressly requested by the Customer and accepted by COINHOUSE or Special Conditions, the Purchase is made at a non-guaranteed Price. The Account Manager will confirm the Purchase with the Customer by telephone (the conversation can be recorded), by email and/or by electronic signature of a Transaction Notice.
The Customer may request the Withdrawal of Crypto-assets purchased on an external Portfolio, the communication of which (by email or from the Website or the Mobile App) is the sole responsibility of the Customer. Withdrawal may be made at the same time as the Purchase within a maximum of 72 hours.
11. Sales Procedure
11.1. General provisions
To make a Sale, a Customer must have an open and validated Customer Account. A suspended or blocked Account cannot make a Sale.
When making a Sale, the Customer enters the exact quantity of Crypto-asset to be sold (“QV Quantity”) or the net amount in Euro to be received in his bank account (the “Net Sale Amount”). Once one of the two values is set by the Customer, the other is calculated by COINHOUSE using the Price of the Crypto-asset sold. A Customer may not sell a QV Quantity greater than the Balance of his Crypto Account under consideration. The Customer is the sole decision maker of his Sale, he is free to cancel his Sale before its validation.
The Customer must fill in the bank account if the IBAN of the bank account has not been filled in beforehand by following the instructions provided on the Customer Account and by answering any additional security questions. COINHOUSE may request proof of each IBAN.
For a Sale on the Website or the Mobile App, the procedure is described on the Website or the Mobile App and the Price of the Crypto-active is displayed to the Customer prior to validation. The Customer has a period of time indicated on the Internet Site to validate the Sale and finalise the transaction. Once validated, the Sale cannot be cancelled. However, it can be cancelled by COINHOUSE, notably in cases of Technical Failure and/or Force Majeure.
The Net Sale Amount is subject to a minimum amount set by COINHOUSE at the time of the Sale. These Sales Limits are based on the Customer’s account data and transaction history. The Customer can request an increase in his Sales Limit directly from the Website or the Mobile App, from a Customer Service Officer or from Customer Service. The Compliance and Risk Management Department will take the necessary steps to comply with the Customer’s request and may ask the Customer for additional information and evidence in order to authorise the Sale (in particular a Customer Knowledge Questionnaire and evidence of the origin of the Crypto-assets if they were acquired outside COINHOUSE).
The payment of the Net Sale Amount is made by bank transfer according to the instructions of the Customer within a maximum of 7 working days after the completion of the Sale by COINHOUSE except in case of Force Majeure, Technical Failure or for a reason attributable to the Cusomer. An invoice detailing the transaction is sent to the Customer and is available on request. This information is permanently displayed in the Transaction History on the Customer Account interface on the Website or the Mobile App.
Throughout the Sale process and before the Sale is validated by COINHOUSE, COINHOUSE reserves the right to ask a Customer about the origin of the Crypto-assets sold, the date of acquisition and the origin of the funds used for their acquisition. In the event that the Compliance and Risk Management Department deems the answer to be unsatisfactory, COINHOUSE will refuse the Sale and return the quantity of Crypto-assets received, if sent by the Customer, without any compensation.
If COINHOUSE cancels a Sale for any reason attributable to the Customer after it has been validated by the Customer, the Customer will be re-credited in Crypto-Assets minus any losses incurred by COINHOUSE due to the difference in Crypto-Asset Price with the time when COINHOUSE proceeded to the Clearing of the Sale.
The Customer is solely responsible for the provision of his bank details (IBAN). COINHOUSE will not be held responsible for the consequences of the Customer providing incorrect information regarding his bank details. Confirmation of the bank details can be requested from the 2FA, the Login Verification or by any other means in order to ensure that the IBAN is indeed that of the Customer.
If a Sale has not been completed after 360 days for a reason attributable to the Customer, the quantity of Crypto-assets sent will be returned to the Customer at the latter’s request, less the Intervention Fee of €20 plus 10% per day from the 361st day.
11.2. Sales accompanied by an Account Manager
It is imperative that the Client informs the Relationship Manager of his proposed Sale before making his Deposit in order to validate that the Net Sale Amount does not exceed his Authorised Limit. The Relationship Manager will respond to the Client’s requests in accordance with the TCUs and the rules established by the Compliance and Risk Management Department.
The customer contacts the customer service representative by e-mail or telephone to request a sale. The Account Manager will assist the customer in the process and will provide the customer with the analysis notes of COINHOUSE if applicable. The customer is the sole decision-maker regarding the sale and is free to cancel the sale before it is validated. Any abuse on the part of a customer may be subject to the invoicing of Intervention Costs.
The Sale is made at a non-guaranteed Price, except for Special Conditions. The Customer Representative will confirm the Sale with the Customer by telephone (the conversation may be recorded), by email and/or by electronic signature of a Transaction Notice.
12. Procedure related to a Conversion operation
12.1. General provisions
In order to perform a Conversion, a Client must have an open and validated Client Account. A suspended or blocked Account cannot perform a Conversion. The list of Crypto-assets for which Conversion is offered is available on the Website or the Mobile App, from a Customer Representative and on request from Customer Service.
During a Conversion operation, the Customer indicates the exact quantity of Crypto-asset to be converted and the type of Crypto-asset he wishes to obtain at the end of the Conversion. A Customer may not convert a quantity of Crypto-assets greater than the Balance of his Crypto Account under consideration. The Customer is the sole decision-maker of the Conversion, and is free to cancel it before its validation.
For a Conversion initiated from the Website or the Mobile App, the procedure is described on the Website or the Mobile App and the Price allowing to define the exchange parity between the two Crypto-assets is displayed to the Customer prior to his validation. The Customer has a period of time indicated on the Website or the Mobile App to validate and finalise the transaction. Once validated, the Conversion cannot be cancelled. It can be cancelled by COINHOUSE, notably in cases of Force Majeure an/or Technical Failure.
The amount of Crypto-assets to be converted is subject to a minimum amount set by COINHOUSE at the time of conversion.
Once the Conversion operation has been validated, the Customer’s Crypto Account is debited with the amount of Crypto-asset converted and credited with the amount of Crypto-asset received in exchange for the Conversion taking into account fees linked to a Conversion Operation. The amount of the new Crypto-asset credited to the Customer’s Crypto Account is available for Withdrawal, Sale, or further Conversion within a short period of time (maximum of 72 hours except in case of Force Majeure).
An invoice detailing the transaction is sent to the Client and is available on request. This information is permanently displayed in the Transaction history on the Customer Account interface on the Website or the Mobile App.
If COINHOUSE cancels a Conversion for any reason imputable to the Customer after it has been validated by the Customer, the Customer’s Crypto Account will be credited back to the Crypto-Asset less any losses incurred by COINHOUSE due to the difference in price between the two Crypto-Assets at the time COINHOUSE carried out the Conversion
12.2. Conversion operation accompanied by an Account Manager
The client contacts the Client Manager by email or telephone to request a conversion. The Account Manager will assist the customer in the process and will provide the customer with any analysis notes produced by COINHOUSE. The customer is the sole decision-maker regarding the conversion and is free to cancel the conversion before it is validated. Any abuse on the part of the customer may be subject to the invoicing of Intervention Costs.
The Conversion is made at a non-guaranteed Price, except for Special Conditions. The Account Executive will confirm the completion of the Conversion to the Customer by telephone (the conversation may be recorded), by email and/or by electronic signature of a Transaction Notice.
13. Conservation Service
13.1. Accessibility and duration of validity
The Preservation service is offered to all Customers who have a validated, non-blocked and non-suspended Customer Account and who are able to access the services of COINHOUSE via the Website or the Mobile App.
The service can be accessed from the Website, the Mobile App or through a Customer Service Officer following a Purchase or making a Deposit (Crypto Account). It may require the setting up of the 2FA, the Connection Verification, as well as the provision of information prior to its use, such as the IBAN and BIC of the Customer’s bank account or the provision of one or more Withdrawal addresses on the Customer’s External Wallet.
A Customer’s Crypto Account Balance is accessible at all times (except in the event of a Technical Failure and/or Force Majeure) on the Website or the Mobile App.
However, COINHOUSE reserves the right to set a maximum limit to the value in Euro of the Crypto-assets held by a Customer and kept in his Crypto Account. If this limit is exceeded, COINHOUSE may require the Withdrawal of all or part of the Crypto-assets with a notice period of 30 days and may propose a solution better suited to the Customer’s needs or if the Crypto-assets are not withdrawable.
13.2. Operation of the service and authorisation given to COINHOUSE
COINHOUSE offers its Customers to keep their purchased or deposited Crypto-assets in a Crypto Account specific to each type of Crypto-asset for which COINHOUSE offers this service.
A Client’s Crypto Account is a position-keeping account that reflects the Client’s balance per Crypto-asset. Access to its Crypto-assets is secured by COINHOUSE. The Customer expressly acknowledges that he does not have direct access to the Crypto wallets of his Crypto-assets which he delegates to COINHOUSE.
The Crypto-assets of the Customers are kept in separate accounts according to the nature of the Crypto-asset opened at COINHOUSE, and can be handled according to the established procedures. The Crypto-assets of the Clients are stored in accounts opened for this purpose and are distinguished from the Crypto-assets held by COINHOUSE itself, which are stored in separate accounts. COINHOUSE maintains the position of each of its clients in secure databases.
COINHOUSE reserves the right to use, without prior notice and at its sole discretion, part of the quantities of Crypto-assets it holds on behalf of its Clients for the purpose of making investments to generate a return for COINHOUSE. COINHOUSE is solely responsible for the selection of the intermediaries and/or decentralized computer protocols used for such purposes and is liable for the possible consequences of the loss of all or part of the quantity of Crypto-assets of such Customers so used. COINHOUSE will act accordingly and perform the necessary due diligence in the selection and management of such investments.
13.3. COINHOUSE’s commitments and disclaimers
COINHOUSE undertakes to use its best endeavours to ensure the security of the stored Crypto-assets and the security and resilience of its computer systems. COINHOUSE has the human and technical means to operate the service.
COINHOUSE can only be held responsible for attacks on its own computer systems, over which it has control. It cannot therefore be held liable for the consequences on the Custody or Withdrawal due to (i) a Technical Failure, (ii) Force Majeure, (iii) a breach of security of the Customer of any kind, (iv) a case of Kidnapping or a ransom demand on the Customer or his relatives, a cryptolockage (software ransom), (v) a computer attack or malicious act by hackers or a logical attack or a virus, whether generic or not, on the customer’s computer, e-mail system, telephone or computer equipment, (vi) an error, negligence or malicious act on the part of the customer, or the customer’s failure to comply with the Terms and conditions.
13.4. Fork management
COINHOUSE is only able to handle Forks for a few Crypto-assets for which it offers a Withdrawal service. COINHOUSE will make every effort to inform the customers concerned by e-mail of the existence of a Fork. COINHOUSE may encourage them to withdraw so that they can manage their access to the rights from the Fork themselves.
In addition, in order to manage a Fork, COINHOUSE will take into account the fact that :
The new Crypto Asset(s) must be supported by the Storage system in use without technical modification, and
The new Crypto-asset(s) must be listed on a reference website (to date: coinmarketcap.com) among the top 20 market capitalisations.
COINHOUSE does not guarantee that its Customers will receive or be credited with a certain amount of a new Crypto Asset or Crypto Assets from the Fork of the Crypto Asset originally held at the time of the Fork’s determination.
Unless otherwise stated (by email to Customers), Coinhouse does not manage Airdrops for Crypto-Assets held on its Customers’ Crypto Accounts.
13.5. Return of retained Crypto-assets
The Customer who has stored his Crypto-assets with COINHOUSE may request their total or partial return. This return can be done by Withdrawal or Sale. It is important to note that not all Crypto-assets offered as a Service by COINHOUSE can be withdrawn. The Website or the Mobile App expressly mentions in case of Purchase that some Crypto-assets cannot be withdrawn. By proceeding with the purchase procedure, the Customer acknowledges and accepts that he/she will not be able to withdraw his/her Crypto-assets.
If COINHOUSE offers Withdrawal for a given Crypto-asset, COINHOUSE undertakes to promptly return the quantities of Crypto-assets held in a Customer’s Crypto Account upon request. Notwithstanding this commitment, COINHOUSE will not immediately return a Customer’s Crypto-assets upon the occurrence of one or more of the following events:
- If the Client Account has been suspended, closed or blocked ;
- If the Compliance and Risk Management Department decides to do so because of the AML/CFT ;
- On request of a competent authority through the Compliance and Risk Management Department ;
- If COINHOUSE has legitimate suspicions that the Customer did not initiate the Withdrawal request;
- From the Website or the Mobile App, if the Withdrawal Limits have been reached ;
- In one of the cases of lack of responsibility mentioned in 13.3;
- If COINHOUSE suffers a cyber attack, a logical attack, a virus, generic or otherwise, a physical attack on its premises or an attack on the integrity of the Operators in the performance of their duties;
- If the Website or the Mobile App and more generally the computer systems of COINHOUSE are undergoing maintenance;
- In the case of the provision of certain Crypto-asset services which require a withdrawal period or the performance of specific operations by COINHOUSE before the return of the assets;
- If the Customer has died or is no longer contactable.
COINHOUSE will return the Crypto-assets as soon as the aforementioned event(s) has/have been resolved or dealt with in such a way that the security and liability of the Customer and/or COINHOUSE are no longer at stake.
14. Withdrawal and Deposit Procedure
Withdrawal and Deposit are offered for certain Crypto-assets to Customers who have a validated, non-blocked and non-suspended Customer Account and who can access COINHOUSE services via the Website or the Mobile App. These services can be accessed from the Website or the Mobile App and through a Customer Officer.
These services are subject to the same limitations and conditions as the Conservation service defined above.
The Deposit is not linked to a Purchase made at the same time at COINHOUSE and is a separate transaction. However, the Customer must have made a Purchase or submitted certain documents within a short period of time in order to be able to make or validate a Deposit.
Important – Customer Declaration :
The amount of Crypto-assets deposited must come from a Portfolio owned by the Customer. By accepting the TCU, the Customer declares that the Crypto-assets deposited were acquired by him/her in a legal manner, that he/she is the full owner of them, that they are not pledged and that they are not the result of fraudulent activity, money laundering, any activity punishable by law and that they have not been entrusted to the Customer by a third party likely to infringe the same rules. The Customer acknowledges that he/she is fully responsible for the consequences of any false, incomplete or erroneous declaration. COINHOUSE will not be held liable for any false, incomplete or erroneous declaration by the customer. COINHOUSE may at any time request the Customer to provide evidence of the origin of the deposited Crypto-Assets or to cancel the Deposit.
The Customer is warned that they must verify the Deposit Address on the Website or the Mobile App prior to each deposit. The Customer commits themself to use only the address provided by COINHOUSE for EACH Deposit as this may be different for each Deposit. COINHOUSE may regularly change or adapt the addresses for needs related to Blockchain technology or discontinue its Deposit offer for a given Crypto-asset. It is the responsibility of the Customer to ensure that the COINHOUSE address is active for each Deposit by sending a Deposit operation in the Customer Account. COINHOUSE cannot be held responsible for sending Crypto-assets to a deactivated address if the deposit transaction has not been created beforehand on the Website, the Mobile App or by consulting a Customer Service Officer. The Client is then solely responsible for the shipment.
The Customer is solely responsible for the use of the COINHOUSE wallet address, which was provided by COINHOUSE for the Deposit. The Customer must copy this address exactly into the application of his Portfolio in order to send the quantity of Crypto-assets according to the instructions given by COINHOUSE on the Website or the Mobile App. COINHOUSE cannot be held responsible for any damage caused by an error in the wallet address attributable to the Customer.
• Online procedure
The deposit procedure is explained on the Website or the Mobile App. Upon receipt of a quantity of Crypto-assets by COINHOUSE, the Compliance and Risk Management Department reserves the right to block and refuse the Deposit within a maximum of 5 working days. In case of refusal, the Deposit will be returned to the Customer within a maximum of 7 working days after deduction of the Withdrawal Fee and any Intervention Fee and Safekeeping Fee.
Once validated, the Deposit credits the corresponding Crypto Account Balance and is available for Sale, Conversion and Withdrawal.
• Procedure through an Account Manager
At a distance and for authorised Customer Accounts, the Account Manager communicates by email the deposit address or the corresponding QR-code, or displays the QR-code to the customer. The operation is confirmed by email.
The Customer is entitled to withdraw at any time all or part of the quantity of a given Crypto-asset held in his Crypto Account opened with COINHOUSE, as long as his Customer Account is validated, not blocked and not suspended and COINHOUSE offers the Withdrawal of this Crypto-asset. The Customer wishing to delete his account must set his Crypto-Asset Balance to zero (0) in order for COINHOUSE to satisfy his request. If the Balance is less than the minimum Withdrawal or Sale amount, the Customer must expressly waive the Withdrawal or Sale of the funds held in his Crypto Account. If the Customer does not renounce, COINHOUSE will charge the Customer 20 euros (incl. VAT), payable by bank transfer or credit card, to make the Withdrawal and close the Customer Account.
Important – Securing Withdrawal :
Prior to any Withdrawal operation, COINHOUSE may ask the Customer to activate the 2FA on his Customer Account or perform a Login Verification.
In order to ensure greater security, COINHOUSE recommends and may require the Customer to set daily and/or weekly limits on withdrawals. The Customer will be able to lift his limits by following the procedure communicated by the Customer Service or a Customer Service Officer. The procedure will be designed to ensure that the Customer is safe and that he/she is the originator of the Withdrawal to a Withdrawal address that he/she has validated.
15. Paying accounts
Some types of Customer Accounts (e.g. Premium and Business Premium) are subject to a fee and provide access to additional services, which are described on the Website or the Mobile App and in the COINHOUSE sales documentation.
16. Cancellation of a Service and time limit for complaints.
16.1. By the Client
The Client may cancel by right:
- Prior to the validation of a Transaction, the making of a Deposit or the validation of a Withdrawal request ;
- A Purchase if its corresponding Crypto Account has not been credited within a reasonable time;
- A Sale if his bank account has not been credited within a reasonable time;
The Customer must within 7 calendar days after payment of the amount related to the Transaction, completion of the Deposit, confirmation of the Withdrawal or Withdrawal of the Crypto-assets, doubts on the Balance of their Crypto Account, dispute the Service or report a problem as described in article 8.8. After this period, COINHOUSE cannot be held responsible for the consequences of a problem linked to a Service.
16.2. By COINHOUSE
A Transaction may be cancelled by COINHOUSE without prior notice in the event of a breach of the TCUs, in particular in the event of :
- Legitimate suspicion of COINHOUSE on the true identity or on the means of payment of the Customer ;
- Non-compliance by the Customer with the provisions on means of payment mentioned in article 17;
- Failure of the Customer to respond within 7 days to questions and requests from COINHOUSE Compliance and Risk Management;
- Aggressive, criminal or threatening behaviour by a Customer when communicating with COINHOUSE.
In case of cancellation of a Transaction for one of these reasons, COINHOUSE will refund the Customer either on the basis of the Crypto-Active Price used for the Transaction or on the basis of the Crypto-Active Price corresponding to the date of refund at COINHOUSE’s discretion. COINHOUSE may charge an Intervention Fee and deduct any losses incurred.
A Transaction may be cancelled by COINHOUSE without prior notice and without the possibility of reimbursement in the event of a breach of the TCUs and in particular in the event of :
- Non-payment of the Gross Purchase Amount by the Customer ;
- Provision of an incorrect Collection address by the Customer in the event of a Collection ;
- Non-transfer or erroneous transfer by the Customer of the nature and quantity of Crypto-assets to a Portfolio held by COINHOUSE in case of a Deposit.
17. Terms and means of payment
COINHOUSE reserves the right at any time and without prior notice to change the means of payment accepted on its Website or Mobile App including the type and issuing country of the credit cards authorised for a Transaction.
The Customer expressly undertakes to use as a means of payment :
- Maximum two different bank cards in the same period, which must be valid and in the name of the Account holder. The Customer must have sufficient funds to make the Purchase. Bank cards considered as anonymous electronic means of payment are not allowed;
- Bank transfer from a bank account in the exact name of the applicant, or in the name of the applicant and his/her spouse, cohabitant or partner in a Civil Solidarity Pact if the family situation so justifies, opened in a bank located in Europe.
Customers with a legal entity Customer Account must use the bank card and bank account of the legal entity and not those of a natural person, and vice versa.
All Transactions paid by credit card on the Website and the Mobile App must be secured by the “3D secure” system for online security. The use of a VPN by the Customer may block credit card purchases on the Website and the Mobile App due to the restrictions of the payment provider and COINHOUSE. The Customer is therefore requested not to use a VPN. COINHOUSE cannot be held responsible for the consequences of a failure during a Purchase due to the use of a VPN by a Customer. The Client recognises having acknowledged and accepted the Payment Service Provider’s TCU which is used to process bank card transactions.
COINHOUSE reserves the right to verify the personal data provided by the Customer and to take all measures deemed necessary to verify the identity of the Customer whose bank account is debited. This verification may take the form, in addition to the verification of the identity and/or domicile of the Customer, of a request for the communication of all banking documents such as an IBAN prior to the validation of the Transaction.
COINHOUSE cannot be held responsible for the consequences:
A defect in the Customer’s means of payment and/or the payment system attributable to the Customer or his bank and/or the supplier of means of payment used by COINHOUSE ;
- The time taken to return the funds to the Customer’s bank account in the event that the Purchase is refused or cancelled by the Customer, by COINHOUSE or by the payment providers used;
- The delay in receiving bank transfers to the Customer’s account or Coinhouse Bank Account.
18. Tax return
COINHOUSE does not make any tax declarations on behalf of its customers. It is the responsibility of the Customer to declare capital gains and to take all necessary and compulsory steps to pay taxes in accordance with the applicable legislation.
19. Liability and Disclaimer
TO THE FULLEST EXTENT PERMITTED BY LAW, COINHOUSE SHALL NOT BE LIABLE FOR LOSS OF PROFITS, REVENUE, VALUE, EARNINGS OR DATA OR DAMAGES AND DIRECT OR INDIRECT IMMATERIAL INTERESTS, CONSEQUENTIAL, WHICH A CUSTOMER OR THIRD PARTY MAY BE SUBMITTED TO.
COINHOUSE is not liable to the Customer in the event of non-performance or improper performance of the TCUs by the Customer, fraud, negligence or error on the part of the Customer, in the event of Force Majeure, in the event of Technical Failure or in the event of the occurrence of one or more of the events referred to in articles 10, 11, 12, 13.3, 13.4, 13.5, 14, 16 and 17.
The Customer is the only one responsible for choices made regarding the use of Services. Advice which is given in the use context of certain services, can be given by an Account Manager or any Personnel or different analysis issued by COINHOUSE can not engage COINHOUSE’s responsibility except in case of major fault.
The Customer is duly warned of the risks surrounding the Services and the Crypto-assets. In this context, COINHOUSE shall not be liable for :
- The stability of the price of crypto-assets due to their high volatility;
- The loss, theft or disclosure to a third party, whether intentionally or unintentionally, of the 2FA or the login or password;
- A cyber attack, a computer virus, malware, a breakdown, theft, loss or failure of his telephone or device blocking access to his Client Account or leading to access being allowed to a third party;
- Burglary, theft, extortion, violence, blackmail, swindling, manipulation of a person, abuse of weakness, or any other criminal offence suffered by the Customer and which may have resulted in the loss of Crypto-assets or the execution of Services that the Customer didn’t wish;
- The loss or theft of Crypto-assets in any way after they have been collected from the public address indicated by the Customer;
- Illegal use of Crypto-assets purchased through the Services.
COINHOUSE makes every effort to ensure that the Site is accessible 24 hours a day, 7 days a week. However, the use of the Site may be temporarily suspended due to technical maintenance, migration or updates, breakdowns or constraints related to the functioning of the Internet or the communication networks used.
The networks on which the data circulates have different characteristics and capacities and may be saturated at certain times of the day, which may affect the download times and accessibility. COINHOUSE cannot be held liable for any malfunction or inaccessibility of the Website or the Mobile App caused by third parties or the Customer, congestion of the Internet, unsuitable equipment of the Customer, maintenance or updating of the Website, the Mobile App or any other circumstances beyond the control of COINHOUSE or in case of Force Majeure. In particular, COINHOUSE can in no case be held responsible for the eventual financial consequences caused by inaccessibility of the Website, Mobile App by the Customer and/or use of different services for the previously indicated reasons.
20. Professional Liability Insurance
COINHOUSE has taken out a Professional Liability insurance policy for Digital Asset Service Providers with MMA Entreprise under the contract number MMA IARD N° 147 019 715 covering the activities of custody service of digital assets on behalf of third parties, the service of buying or selling digital assets in legal tender, the service of exchanging digital assets for other digital assets and the management of a trading platform for digital assets
21. Resolutive clause
The cancellation of a Service by COINHOUSE or the deletion of a Customer Account by COINHOUSE will be effected by the Customer receiving an e-mail from COINHOUSE to the address of the Customer Account and will be automatically acquired without any further formalities, in particular judicial,in case of failure of the Customer to comply with one or several of the present TCU or any document that the TCU refers to, in particular those available on the Website and Mobile App.
22. Face-to-face meeting with an Account Manager
Except in exceptional cases, the offices of COINHOUSE are not open to the public. However, in the case of the performance of certain Services, Customers with a paying Account may have a face-to-face meeting with a Customer Service Officer at the offices of COINHOUSE or at any other place agreed between COINHOUSE and the Customer.
COINHOUSE reserves the right to sue and seek damages for any harm of any kind to any person or entity that makes threats against COINHOUSE personnel or officers or its affiliates, damages its systems or offices.
23. Intellectual Property, Trademarks and Photographs
The Website, the Mobile App, The COINHOUSE, COINHOUSE INSIGHTS, COINHOUSE PREMIUM AND PLATINUM, COINHOUSE PLATINUM, COINHOUSE BUSINESS, COINHOUSE STAKING brands, COINHOUSE ENTERPRISE, COINHOUSE CUSTODY SERVICES, COINHOUSE ASSET MANAGEMENT, COINHOUSE MANAGEMENT, COINHOUSE DEFI, ARIZEN, “LA MAISON DU BITCOIN”, and the elements reproduced on the COINHOUSE Website or Mobile App including photographs, visuals, texts, works, illustrations, drawings, logos and images, are and remain the exclusive property of COINHOUSE and are protected by copyright, trademark law and/or patent law. Any use, reproduction and/or distribution of these elements without prior written permission from COINHOUSE will result in legal action being taken against the offender.
The Customer may not reproduce, represent, extract or use in any way whatsoever all or part of the trademarks, logos, or other content of the COINHOUSE Website or Mobile App.
All photographs on the Website or Mobile App, in particular those illustrating the products, are non-contractual and are provided for illustrative purposes only.
Recording, photographing or filming of the offices, its staff and Clients is strictly prohibited without the express consent of the general management of COINHOUSE.
24. Personal data and privacy
COINHOUSE undertakes to do everything in its power to ensure the security and confidentiality of personal data in accordance with the legal and regulatory provisions in force.
COINHOUSE undertakes to ensure that only authorised personnel are permitted to access the personal data of the Customer. Access to the premises and servers on which the data is collected, processed and stored is strictly limited. Appropriate technical and organisational measures have been taken to prevent access by unauthorised persons.
The Customer has at all times the right to access, modify, rectify and oppose for legitimate reasons, as well as the right to limit the processing or portability of personal data concerning him/her, which he/she may exercise by writing directly under signature and enclosing a copy of his/her identity card, to COINHOUSE SAS / Compliance and Data Management Department / 14, avenue de l’opéra 75001 Paris – France.
The Customer has the right to formulate directives concerning the fate of his/her personal data after his/her death, which can be sent to the address indicated above.
The Customer’s personal data is kept for the longest period of time necessary to comply with the applicable legal and regulatory provisions.
The majority of the information is kept for a minimum of 5 years in accordance with legal and regulatory obligations relating to the fight against money laundering and terrorist financing.
In the event of a dispute regarding the use of his data by COINHOUSE, the Customer is informed that he may refer the matter to the Commission Nationale de l’Informatique et des Libertés.
25. Customer Service
For any information or questions, the COINHOUSE Customer Service can be contacted:
- By e-mail to email@example.com or https://support.coinhouse.com/hc/fr ;
- By telephone, on +33153009260, at the times indicated by the message service;
- By post to COINHOUSE SAS, Customer Service, 14 avenue de l’opéra 75001 Paris – France.
26. Litigation – Mediation
In the event of a dispute between a Customer and COINHOUSE, the Customer must inform the customer service department on the details given in article 23 above, giving details of the Customer’s contact details and providing COINHOUSE with all the information it needs to assess the origin and the consequences of the dispute.
If the dispute persists, the Customer may contact the European Commission’s online dispute resolution service at the following address : https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage.
COINHOUSE does not have an internal ombudsman service. However, there is a mediator at the AMF: AMF Mediator – Ms Marielle Cohen-Branche – 17, place de la Bourse – 75082 Paris Cedex 02. The AMF Mediator | AMF (amf-france.org)
The fact that COINHOUSE does not avail itself of any of the provisions of these TCU at any time shall not be construed as a waiver by COINHOUSE of its right to avail itself of any of the provisions of these TCU at a later time, nor shall it be construed as a modification of the TCU.
28. Jurisdiction and applicable law
These general conditions are subject to French law.
In the event of a dispute, the Customer is invited to make a complaint in accordance with article 25. No action may be taken against COINHOUSE without prior notice of default being given by registered letter with acknowledgement of receipt.
Unless otherwise provided by law, all disputes arising from the Services concluded in accordance with these TCU, concerning the validity, interpretation, performance, termination, consequences and consequences thereof, shall be submitted to the competent courts of the jurisdiction of the Court of Appeal of Paris.
29. Administrative informations
Capital Social : 10 000 € RCS de Paris 815 254 545
Adresse : 14 avenue de l’opéra 75001 Paris – France
Enregistrement AMF : E 2020-001
Tel : +33 1 53 00 92 60