COINHOUSE is a simplified limited company (sociéte par actions simplifiée) with share capital of €10,000, with registered office at 35 Rue du Caire, 75002 Paris, France, listed on the Paris Trades and Companies Register (RCS) under the number 815 254 545 (hereinafter "COINHOUSE" ). COINHOUSE specialises in the purchase and sale of cryptocurrencies and cryptoassets ( "Cryptocurrencies" ), which include Bitcoin ("BTC"), Litecoin (“LTC”), “XRP” and Ethereum ("ETH"). COINHOUSE uses specialist dedicated platforms to trade and distribute Cryptocurrencies to a customer base consisting of personal users, legal entities and professional individuals ( "Customers" ) at its trading centre, "COINHOUSE STORE" at 35 Rue du Caire, 75002 Paris France, or via its Website.
Cryptocurrency Purchase, Purchase or Purchase Order for a Confirmed Customer Account, this refers to the steps in the following process:
1) Communication by the Customer of the following information: i) the type of Cryptocurrency to be purchased (provided that the Cryptocurrency in question is sold by COINHOUSE); ii) the total amount payable in euro to which a Commission and Mining Fees shall apply (hereinafter the "Purchase Amount"); iii) the Cryptocurrency Wallet address (on the understanding that the Customer is solely responsible for providing this address and that COINHOUSE accepts no responsibility for any false or incorrect addresses provided by the Customer); iv) payment method for the Purchase Amount (bank card or bank transfer only). The Purchase Amount is subject to a minimum level set by COINHOUSE at the time of Purchase and may, in some cases, be subject to a maximum level.
2) Notification by COINHOUSE of any Customer Purchase Limits, which are based on Customer Account information, Transaction history and chosen payment method. The Customer may submit a request to COINHOUSE staff to increase their Purchase Limits. The Risk and Compliance Department will try to accommodate the Customer's request and may ask for additional information and documentation from the Customer.
3) At COINHOUSE's request, or in cases where the Purchase Amount in euro is at a level which, when added to the value of Transactions executed by the Customer in the 365 days prior to the Purchase, is greater than or equal to €10,000, the Customer must complete a Questionnaire provided by COINHOUSE. Having reviewed the Customer's Questionnaire responses, COINHOUSE may ask the Customer for supporting documentation under French Money Laundering and Terrorist Financing regulations (LCB-FT) and the Terms and Conditions, and may decline the Purchase while stating the reasons for doing so, even where payment of the Purchase Amount has been made. In the absence of a response within 72 hours of sending the Questionnaire, the Purchase shall be cancelled. COINHOUSE must notify the Customer of its request for a Questionnaire or supporting documentation before a Purchase can be approved. The Price T0 used to calculate Quantity Q0, such as these terms are defined below, can only be set after the Questionnaire has been approved by COINHOUSE (i.e. if a Questionnaire is approved two days after the Purchas Order, the Price at the time when the Questionnaire is approved, not that at the time of the Purchase Order, shall be used to calculate the quantity of Cryptocurrency to be delivered. The Customer should therefore approve the Questionnaire before issuing a Transaction order.
4) Acceptance by the Customer of the Terms and Conditions;
For purchases at the “COINHOUSE STORE” trading centre:
For Purchases via the Website and for some Purchases made by Premium customer and paid by bank transfer:
6) When the Purchase is completed, the Customer shall receive, by email to the address paired with the Customer Account, an invoice giving details of the transaction, including the quantity of Cryptocurrency purchased (which may be denominated in BTC for Cryptocurrency purchases other than BTC and ETH), and the level of Commission and Mining Fees.
General rules for Purchases:
COINHOUSE reserves the right to amend, at any time and without notice, the list of Cryptocurrencies available to its Customers for Purchase. This list is displayed on the Website and is available at the “COINHOUSE STORE” trading centre.
COINHOUSE reserves the right to amend, at any time and without notice, the minimum or maximum value in euro of the Purchase Amount for any Cryptocurrency offered to Customers.
Customers are solely responsible for their Wallets and the protection thereof. Customers are solely responsible for providing COINHOUSE with an address for the Wallet into which they would like to receive purchased Cryptocurrency. COINHOUSE accepts no liability for harm caused by providing incorrect information.
COINHOUSE accepts no liability for Transactions declined by COINHOUSE and the consequences thereof, owing to the receipt of an amount other than the Purchase Amount or for wrong information indicated in the bank transfer label, or on the grounds of the Customer KYC or LCB-FT as substantiated by its Risk and Compliance department.
In the event of non-response by a Customer to a Questionnaire or while COINHOUSE is yet to approve a Purchase, even where the Customer has made payment of the Purchase Amount, the Customer shall be refunded with a deduction applied for any losses incurred by COINHOUSE due to Price differentials where COINHOUSE had already initiated Clearing of the Purchase Amount.
To ensure the validity of a payment by bank transfer, Customers must make a bank transfer to the COINHOUSE Account from a bank account in their own name, held with an institution located within the SEPA, and specifying the Transaction reference exactly as provided by COINHOUSE (using the format "CNHS AbcDeF"). For payments by bank card, the Customer affirms to be the rightful holder of a valid bank card with the necessary funds to make the Purchase. Customers are not permitted to add more than two bank cards for use with their Customer Account.
COINHOUSE is in no way required to execute an expired Purchase. Unapproved, unpaid or partly paid Purchases shall be considered void and shall not be completed by COINHOUSE. For Purchases that are cancelled after the Purchase Amount has been received, the Customer shall be refunded the Purchase Amount with a deduction applied for Administration Fees, by bank transfer within 20 working days with no entitlement to compensation.
COINHOUSE accepts no liability for declined payments or Technical Faults on the part of its payment service providers or partner banks. In the event of a declined payment by COINHOUSE's partner bank or payment service provider following confirmation and payment of the Purchase Amount by COINHOUSE, the Purchase Amount shall be returned by COINHOUSE's partner institution or payment service provider within a time frame set out in their own Terms and Conditions and up to 30 working days.
COINHOUSE accepts no liability for non-completion of Cryptocurrency Purchases and the consequences thereof, arising from an incidence of Force Majeure, Purchases confirmed by the Customer after the Time Limit has lapsed, inability to give a Price for a given Cryptocurrency due to technical reasons beyond its control, non-acceptance of payment by its partner banks and payment service providers (e.g. if the card was cancelled or reported stolen, or where the bank declines payment on KYC grounds) or Customer error.
ACPR French Prudential Supervision and Resolution Authority (Autorité de Contrôle Prudentielle et de Résolution).
AMF French Financial Markets Regulator (Autorité des Marchés Financiers).
Blockchain Chain of blocks containing transaction data.
Clearing of a Purchase Amount (for a Customer) process whereby COINHOUSE, in approving the Purchase of a Customer and having received payment for the Purchase in euro from the Customer, purchases a quantity of Cryptocurrency equal to the euro-denominated Purchase Amount with a deduction applied for Commission, Mining Fees and any Administration Fees relating to the Customer Purchase, and divided by the Cryptocurrency Price at the moment when COINHOUSE executes the transaction. The quantity of Cryptocurrency purchased by COINHOUSE and calculated using this formula equals the quantity to be sent to the Customer's Wallet address.
Clearing of a Sale process whereby COINHOUSE, in approving a sale and having received into the Wallet held by COINHOUSE the quantity of Cryptocurrency from the Customer, sells, in exchange for euro, the received quantity of Cryptocurrency corresponding to the Sale Price of the Cryptocurrency at the moment when the Sale is approved. The amount paid to the Customer for the Sale equals the value of the Sale completed on their behalf by COINHOUSE with a deduction applied for Commission and any applicable Administration Fees.
Price of a Cryptocurrency, Cryptocurrency Price or Price exchange value in euro or Cryptocurrency of one unit of the Cryptocurrency in question, calculated at least once every 300 seconds (except in the event of Technical Fault or Force Majeure) using a composite measure of all exchange values recorded on reputable Cryptocurrency trading platforms selected by COINHOUSE, or using one of the exchange values.
Cryptocurrency or Cryptoasset digital unit of account stored electronically in a "Wallet", providing a community of users with a medium of exchange for goods and services without the need for legal currency. A cryptocurrency operates on a cryptographic protocol and is decentralised, with transactions recorded in a distributed ledger, commonly known as a "Blockchain". According to an AMF statement released on 4 December 2017, Cryptocurrencies "cannot be classified as currencies or considered a means of payment in the legal sense of the term" and "are therefore not subject to the regulatory framework for means of payment". The AMF notes that the euro is the sole legal tender in France at the present time. Bitcoin is the most well-known of the more than 4,500 Cryptocurrencies, examples of which include Ethereum, Litecoin, Dash and Ripple.
Terms and Conditions refers to these general terms and conditions of purchase and sale applicable to all COINHOUSE Customers.
Customer Personal User, as defined below, individual aged 18 or older who is capable of exercising his/her rights within the meaning of Article 414 of the French Civil Code and any professional individual or legal entity registering to access COINHOUSE services on its Website or at its “COINHOUSE STORE” trading centre. Transactions via the Website are open only to Customers whose country of nationality AND permanent residence are included in the following list: Andorra, Austria, Belgium, Bulgaria, Croatia, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Monaco, Norway, Poland, Portugal, Romania, San Marino, Slovakia, Slovenia, Spain, Sweden and Switzerland, as well as all French overseas departments and regions (Guadeloupe, Martinique, Guyane, Réunion and Mayotte) and the French overseas territories of Saint-Pierre-et-Miquelon, Saint-Barthélemy and the French section of Saint-Martin.
Transactions at the COINHOUSE STORE trading centre are open to customers of all nationalities, except for Customers whose nationality or place of residence is included in the following list: Afghanistan, Bosnia-Herzegovina, Cuba, Ethiopia, Guyana, Iran, Iraq, Laos, Nigeria, North Korea, Pakistan, Uganda, Sri Lanka, Serbia, Syria, Trinidad and Tobago, Tunisia, Vanuatu, Yemen.
Country lists are subject to change at any time and without notice at the sole discretion of COINHOUSE. Russian or American Customers can make Transaction at COINHOUSE STORE for a maximum amount of 10 000 euros over a period of 365 days.
Commission amount in euro received by COINHOUSE for each Transaction as payment for service provision (see Article 10).
Customer Account refers to a named individual personal account used to access COINHOUSE services on its Website and which can be viewed by a COINHOUSE operator using the “COINHOUSE STORE” trading centre intranet in order to execute Transactions for Customers in-store at “COINHOUSE STORE”. The Customer Account login is an email address and linked account number. One individual may hold both a Personal and Professional Customer Account, subject to providing two different email addresses and using separate payment methods for each Customer Account. Customers are solely responsible for their login details and accessing their Customer Account securely. COINHOUSE accepts no liability in the event that a Customer Account is accessed fraudulently. Customer Accounts can only be opened via the Website or at the “COINHOUSE STORE” trading centre. Customer Accounts cannot be opened or arranged by telephone.
Confirmed Customer Account a personal, unique and nominative Customer Account is confirmed when the Customer receives an email from COINHOUSE notifying of its confirmation. Through its Risk and Compliance Department, COINHOUSE has sole discretion over Customer Account confirmation based on the Customer KYC and information provided by the Customer. Only Customers with a confirmed Customer Account may execute a Transaction. The Risk and Compliance Department reserves the right to lock or temporally suspend a Customer Account at any time, disabling the account from making Transactions, on the grounds of the Customer KYC, non-compliance with the Terms and Conditions, Customer behaviour (e.g. insults, threats, etc.), at the express request of authorities or the French courts, in cases where the Customer fails to provide a valid response to requests for supporting documentation regarding a Transaction or the Customer KYC within five working days. COINHOUSE accepts no liability for any consequences arising from the locking of a Customer Account.
Premium Account, Premium Status or Premium Customer refers to a service or feature offered by COINHOUSE to its Customers. This offer is valid for 365 days upon payment by the Customer in question of an non-refundable entrance fee set by COINHOUSE. The offer provides access to additional services and preferential Commissions, based on executed Transactions over the validity period of the Premium Account. The Operator can execute remotely (e-mail, Skype or equivalent, Phone) a Transaction requested by a Premium Customer once this Customer has been clearly identified. Premium Status is approved by the COINHOUSE Risk and Compliance Department, who reserves the right to decline or suspend membership without having to reimburse the entrance fee paid by such Premium Customer. The offer and its eligibility conditions are available on the Website and at COINHOUSE STORE.
Personal User refers to any individual whose use does not form part of his/her commercial, industrial, craft, professional or agricultural occupation as defined in the French Consumer Code.
Cryptocurrency Conversion transaction offered by COINHOUSE at the Customer's request and only available at the “COINHOUSE STORE” trading centre or for Premium Customer, where a quantity of one Cryptocurrency in a Customer Wallet is traded for a quantity of another Cryptocurrency to be delivered to the Customer Wallet. The same euro-equivalent minimum and maximum amounts apply to both Cryptocurrency Conversions and Purchases. For Conversions, the converted Cryptocurrency is delivered within 48 hours of receipt by COINHOUSE of the exact quantity of Cryptocurrency to be converted at the Wallet address indicated by COINHOUSE to the Customer. COINHOUSE may at any time decide to suspend its Cryptocurrency Conversion service, which is currently only available to Customers who visit the “COINHOUSE STORE” trading centre.
Technical Fault refers to any one of the following instances owing to events beyond the control of COINHOUSE or Force Majeure: loss of access on the part of COINHOUSE to telephone or internet services; loss of access to partner platforms used by COINHOUSE to purchase and sell cryptocurrency; loss of access to Customer Wallet information, including addresses used to trade Cryptocurrency; loss of access on the part of Customers to the Wallet facility; events resulting from the actions of Hackers to the computer systems of COINHOUSE, the Customer or technical partners and Cryptocurrency trading platforms used by COINHOUSE for Transactions.
Administration Fees per-transaction fee charged by COINHOUSE to the Customer to manage a Transaction that is unsuccessful due to Customer error or unsatisfactory responses provided to the Risk and Compliance Department. Administration Fees are €20 per transaction or the Cryptocurrency equivalent (e.g. for Sales) at the moment when the fees are applied.
Mining Fees fees applied by COINHOUSE to a Cryptocurrency Purchase and associated with the costs of Blockchain validation for the transfer of Cryptocurrency purchased by a Customer from a Wallet held by COINHOUSE to that of the Customer.
Force Majeure under Article 1218 of the French Civil Code, any event beyond the control of the obligor, which could not be reasonably foreseen at the time of acceptance of the Terms and Conditions and whose effects could not be avoided by appropriate measures.
Hacker refers to any person who fraudulently gains access to a computer system and commits acts prohibited by law.
IBAN International Bank Account Number, used as an international bank account identifier.
"Time t"refers to a five-second window during which a piece of data is captured by COINHOUSE computer systems for use as a variable in calculation.
KYC Know Your Customer - a term used in application of anti-money laundering and terrorist financing measures, which refers to the actions to be carried out in order to verify a Customer's identity. The procedure includes placing a query with the Dow Jones Risk & Compliance database.
LCB-FT or LBA-FT refers to measures against money laundering and terrorist financing as defined in the French Monetary and Financial Code, resulting in the implementation and application of customer transaction risk assessments using risk mapping, which establish the level of risk inherent to a particular transaction and the procedures to be completed to meet the applicable regulatory requirements.
Purchase or Sales Limits refers to the amounts equal to the maximum cumulative value of Purchases or Sales by a Customer over a given period (e.g. day, year).
Delivery refers to the action by COINHOUSE of sending a quantity of Cryptocurrency to the Wallet address provided by the Customer for a Purchase or Conversion.
Party refers to the Customer and COINHOUSE, individually or collectively depending on the context.
Staff or Operator any employee, contract staff member, contractor, trainee, representative or person appointed in that capacity, employed by COINHOUSE, its subsidiaries or its parent company.
Wallet a digital application that allows a user to store, send and receive Cryptocurrency, which is made secure using private key and public key cryptography. A Wallet contains one or more addresses used to trade Cryptocurrency as well as one or more private keys to secure the Wallet's contents. The disclosure, theft or loss of a Customer's private keys may result in the total loss of the Customer's Cryptocurrency holdings. Customers are solely responsible for their Wallet and Seed. COINHOUSE does not design or manage Wallets on behalf of its Customers and has no knowledge of its Customers' private addresses or Seeds.
Questionnaire questionnaire developed by the Risk and Compliance Department for the purposes of KYC, LCB-FT and anti-fraud measures, sent to a Customer via a Website interface or directly by COINHOUSE Staff. Compulsory questions concern the Customer's identity, statutory declarations and declarations in relation to the source of funds or Cryptocurrencies used in the Transaction. All other questions are optional. COINHOUSE reserves the right to refuse a Transaction to a Customer, without entitlement to compensation, where a Customer Questionnaire has not been completed or only partly or unsatisfactorily completed within 72 hours of its communication to the Customer. The Price of a Transaction may only be set after the Questionnaire has been approved by the Customer.
Risk and Compliance Department department responsible for COINHOUSE operations on its Website and at its “COINHOUSE STORE” trading centre, monitoring and locking Customer Accounts and Transactions in accordance with KYC, LCB-FT and fraud prevention procedures. The department is also responsible for producing Tracfin reports.
Website refers to all COINHOUSE services that can be accessed at the following web addresses (URLs): https://www.coinhouse.io, http://www.coinhouse.fr and http://www.coinhouse.com, and via the COINHOUSE mobile app available on Android and iOS. Secure Customer Account access on the Website is provided using a password set by the Customer. Passwords remain the Customer's responsibility. COINHOUSE makes every effort to protect its servers and Customer data against access by Hackers.
Tracfin in accordance with Article L.561-23 of the French Monetary and Financial Code, the unit of the Ministry of the Economy and Finance responsible for investigating reports of suspect transactions in respect of regulations concerning money laundering and terrorist financing.
Transaction means the Purchase, Sale or Conversion of Cryptocurrency by a Customer. Transactions can only be executed via the Website or at the “COINHOUSE STORE” trading centre. Transactions cannot be executed by telephone or email under any circumstances. If a Transaction cannot be successfully completed within 360 days for reasons attributable to the Customer, the quantity of Cryptocurrency or the Purchase Amount sent shall be returned to the Customer upon request, with a deduction applied for the Administration Fee of €20 plus 10% per day from the 361st day onwards.
Seed back-up data for a Cryptocurrency Wallet. These come in a form of a list of words, and enable full access to the linked Wallet. This security feature is used to restore the Wallet in the event of loss, theft or destruction of the hardware hosting the Wallet (telephone, tablet, PC or other). This list of words is strictly confidential. Customers are solely responsible for the storage of Seed data in any form. COINHOUSE accepts no liability for storage errors or loss of the Seed for a Customer Wallet.
Cryptocurrency Sale, Sale or Sale Order for a Confirmed Customer Account, this refers to steps in the following process on the Website or at the “COINHOUSE STORE” trading centre:
General rules for Sales:
COINHOUSE reserves the right to amend, at any time and without notice, the list of Cryptocurrencies available to its Customers for Sale.
COINHOUSE reserves the right to amend, at any time and without notice, the minimum or maximum value, in euro or in quantity of Cryptocurrency, of the Sales Amount for any Cryptocurrency offered to Customers.
Throughout the Sale process and prior to its confirmation by COINHOUSE, COINHOUSE reserves the right to enquire with the Customer as to the origin of the Cryptocurrency sold, its purchase date and the origin of funds used in its purchase. Where the Risk and Compliance Department deems a response to be unsatisfactory, COINHOUSE shall decline the Sale and return the quantity of Cryptocurrency received, if it had been sent by the Customer, with no entitlement to compensation.
In the event of non-response by a Customer to a Questionnaire or while COINHOUSE is yet to approve a Sale, even where the Customer has made payment of the Sale Amount, the Customer shall be refunded with a deduction applied for any losses incurred by COINHOUSE owing to Price differentials where COINHOUSE had already initiated Clearing of the Sale Amount.
The Sales Amount corresponding to the Sale of a quantity of a the same given Cryptocurrency previously bought by the Customer using COINHOUSE won’t be used for the calculation of the Sale Amount described in 3) above.
The Customer is solely responsible for using the address of the Wallet held by COINHOUSE and communicated by COINHOUSE for the purposes of the Sale, including re-entering the exact address into the Customer Wallet application to enable the correct quantity of Cryptocurrency as indicated by COINHOUSE to be sent from the Customer Wallet to that held by COINHOUSE. COINHOUSE accepts no liability for harm caused by Customer error in inputting the Wallet address.
Customers are solely responsible for communicating their bank account details (IBAN). COINHOUSE shall not be held liable for the consequences arising from incorrect bank account information supplied by the Customer.
COINHOUSE accepts no liability for non-completion of Cryptocurrency Sales and the consequences thereof, arising from an incidence of Force Majeure, Sales confirmed by the Customer after the Time Limit has lapsed, inability to give a Price for a given Cryptocurrency due to technical reasons beyond its control or due to Customer error, in particular in relation to Customer bank account details and their compliance with the aforementioned conditions.
In the event of a Customer error, COINHOUSE may apply Administration Fees on a per-transaction basis.
In view of current regulations in France, COINHOUSE brings to the Customer's attention the following risks concerning the purchase and sale of Cryptocurrencies:
The Price of Cryptocurrencies is highly volatile and is subject to unpredictable movements. The Price of Cryptocurrencies can rise and fall extremely quickly. Executing a Transaction entails a high degree of risk, including the risk of a total loss in value associated with a Cryptocurrency Purchase or Conversion. In a press release dated 4 December 2017, the AMF and ACPR warned savers about speculative purchases and the volatility of Cryptocurrencies.
Purchasing Cryptocurrencies may not be suitable for all Customers. All Transactions must be executed by Customers based on a sound appreciation of the risks associated with Cryptocurrency Transactions and a familiarity with the underlying technology. COINHOUSE therefore reserves the right to refuse a Transaction to a Customer where the Customer is deemed by COINHOUSE to have insufficient knowledge of such Transactions and their associated technology or for behaviour deemed by COINHOUSE to be unreasonable in view of the Transaction amounts or the KYC of the Customer;
Cryptocurrency Prices expressed in legal tender are quoted on trading platforms that are unregulated and provide no financial, liquidity, technical or other guarantee. As a result, the Customer incurs the risk of faults, including those that are technical in nature, occurring on the trading platform and which may result in non-delivery of Cryptocurrencies purchased. A technical risk may occur on the trading platform, resulting in the unavailability or loss of Cryptocurrencies or the inability to initiate Clearing of a Purchase or Sale. Technical Faults, the liquidity risk associated with Cryptocurrencies and the technical risks relating to trading platforms may lead to delays in processing Transactions that would prevent Customers from completing their Transaction for a predetermined amount on a specified date.
Cryptocurrencies may be subject to hacking attempts. COINHOUSE provides no guarantee against the consequences of such events. COINHOUSE shall not be held liable for breaches of confidentiality or technical limitations caused by computer systems used by Customers to store their Cryptocurrency. Customers are responsible for ensuring that they have the necessary computer equipment with appropriate security features to safeguard their Cryptocurrency and Wallet. COINHOUSE accepts no liability for lost or stolen Cryptocurrency, irrespective of the method employed for storing the Cryptocurrency.
COINHOUSE encourages its Customers to use multiple Cryptocurrency trading platforms as a way of protecting against liquidity risk.
COINHOUSE does not provide an investment service, payment service or banking facilities. As such, it is not approved, regulated or monitored by the ACPR.
COINHOUSE is a commercial company. COINHOUSE is not as of today an investment company approved, regulated and monitored by the AMF. It does not provide regulated investment service. COINHOUSE’s activities are known from the AMF. COINHOUSE has initiated discussion in order to be regulated. COINHOUSE shall not in any way be considered to be acting in the name or on behalf of the Customer with regard to the Customer's Cryptocurrency Purchases and shall not be considered to endorse the Transactions of the Customer in any way.
Customers are responsible for all reporting with regard to Transactions that they execute and the associated gains/losses to the relevant tax authorities, in accordance with applicable tax laws.
These Terms and Conditions govern Transactions executed by all Customers on the Website and at the “COINHOUSE STORE” trading centre. Together with the invoice or any other document in place thereof, the Terms and Conditions constitute the only contractual documents that are binding between the Parties, to the exclusion of all other documents, brochures, catalogues or photographs of Cryptocurrencies which are non-contractual and indicative only. These Terms and Conditions are applicable worldwide.
Where applicable, the Customer's terms and conditions shall in no way substitute for or supersede these Terms and Conditions and shall not be binding upon COINHOUSE, notwithstanding any provision to the contrary.
Cryptocurrencies are sold to or purchased from Customers by COINHOUSE for a price stated in euro (€). In the event of a Conversion of Cryptoasset, the Price of a Cryptoasset can not be stated in euro; Commission can therefore be indicated in BTC, ETH or euro.
Terms and Conditions are available to Customers on the Website and in the “COINHOUSE STORE” trading centre. These may also be sent by email or by post to Customers upon request. From the Customer Account on the Website, the Terms and Conditions are binding upon Customers, who acknowledge, by confirming each Transaction using the appropriate method, to be familar with and have accepted the Terms and Conditions before every transaction. In the “COINHOUSE STORE” trading centre, Terms and Conditions are attached to each Questionnaire and must be approved before the first Transaction that necessitates approval of the Questionnaire. Confirmation of a Transaction by the Customer implies acceptance of the Terms and Conditions on the day of the Transaction.
COINHOUSE saves and reproduces the characteristics of a Transaction and makes the Terms and Conditions available on the Website and at the “COINHOUSE STORE” trading centre, in accordance with Article 1369-4 of the French Civil Code.
6.1. Rules applicable to Cryptocurrency Transactions via the Website
All Cryptocurrency Transactions placed through COINHOUSE by a remote Customer must be made in a durable written form, when using the Customer Account on the Website.
Access to the Website is free. Transactions are made directly on the COINHOUSE Website. However, to ensure that its execution is valid, a Transaction must be made using an unlocked confirmed Customer Account.
Customers can contact the COINHOUSE Website by telephone, email or via the customer support system used by COINHOUSE. However, Customer Accounts and Transactions can be made on the Website and in the “COINHOUSE STORE” trading centre or remotely if the Customer has been introduced to COINHOUSE by a business contractor or in case of a Premium Account.
COINHOUSE reserves the right not to approve or to close a Customer Account under Article 13, and where appropriate to refuse all Transactions from a Customer. COINHOUSE therefore reserves the right, without prior notice and with no entitlement to compensation, to permanently or temporally lock the Customer Account in question. More generally, COINHOUSE reserves the right to deny access to all or part of the Website in the event of Force Majeure, Technical Fault, or where its Staff or equipment are threatened or placed in danger in any way whatsoever.
6.2. Measures applicable to Transactions executed at the “COINHOUSE STORE” trading centre.
Customers may make Transactions at the “COINHOUSE STORE” trading centre, provided that they have an unlocked confirmed Customer Account.
The “COINHOUSE STORE” trading centre, located at 35 Rue du Caire, in Paris (2nd arrondissement), is open Monday to Friday from 9.30am to 6.30pm, excluding public holidays and unless indicated otherwise at the venue itself or on COINHOUSE Twitter and Facebook pages or on the www.coinhouse.com website.
COINHOUSE reserves the right to deny access to its “COINHOUSE STORE” trading centre, and therefore any Transactions, to Customers who exhibit aggressive, dangerous or unlawful behaviour or who make verbal or physical threats to COINHOUSE Staff or other Customers, engage in fraud, use a stolen or cancelled bank card, or provide an IBAN not corresponding to the Customer's name. COINHOUSE therefore reserves the right, without prior notice and with no entitlement to compensation, to permanently lock the Customer Account in question. More generally, COINHOUSE reserves the right to deny access to its “COINHOUSE STORE” trading centre in the event of Force Majeure, Technical Fault, or where its Staff or equipment are threatened or placed in danger in any way whatsoever.
For Premium Customer and for Customers that have been introduced to COINHOUSE by authorized business contractors, Transaction can occur anywhere and remotely using standard communication tools provided that the Customer has been clearly identified.
6.3. Opening a Customer Account
Customer Accounts are strictly confidential and are intended for use by the Customer only. Use of a Customer Account by multiple persons shall lead to the permanent closure of the Customer Account.
Documents and information to be provided at a minimum when requesting a Customer Account must be fully legible and provided in their entirety:
For individual Customer Accounts created on the Website, it is exceptionally possible to provide less information (no need for Proof of Residence, address) than described above, if the Customer chooses a START account. The START account is only available online, for a period of 6 months after its creation, only to Purchase Cryptoassets at specific Limit Levels.
In that case, the Customer shall provide a photo of the Customer holding a paper with phrase handwritten and legible in English: "I would like to purchase bitcoin with Coinhouse" or any other phrase specified on the Website at the web page used for the registration process. The Customer's face must be clear and visible, and the document must be fully readable and captured in full and in .jpg or .png format.
For professional Customer Accounts, the following additional supporting documentation is required: Kbis dating back three months or less, Articles of Association, list of beneficial owners, and an IBAN.
The Customer is responsible for applying for a Premium Account facility. The Risk and Compliance Department will then request supporting documentation (e.g. earnings, source of funds, etc.) before an account can be opened.
Customers may open both a Personal User Customer Account and a professional Customer Account, subject to providing two different email addresses and using separate payment methods for each Customer Account.
6.4. Verification prior to executing a Transaction. LCB-FT and fraud prevention.
COINHOUSE, through its Risk and Compliance Department, may need to request additional information from a Customer wishing to execute a Transaction, in the context of LCB-FT and fraud prevention measures. Requests for such information block the approval and execution of a Transaction for a period not exceeding five working days. Where are Customer does not cooperate or provide a satisfactory response, COINHOUSE shall cancel the Transaction and refund the Customer, with a deduction applied for Administration Fees and any other losses incurred by COINHOUSE as specified in the definition of a Purchase or a Sale.
Supporting documentation required by the Risk and Compliance Department include, but are not limited to:
6.5. Amendments to Transactions
Once a Transaction has been completed by COINHOUSE, it is irreversible and cannot be amended.
6.6. Absence of cooling-off period
Under Article L.221-28 (2) of the French Consumer Code, the Customer cannot avail of a cooling-off period for a Transaction given that it concerns the "supply of goods or services whose price is subject to fluctuations on the financial markets which are beyond the trader's control and which could occur during a cooling-off period".
These Terms and Conditions have been translated into English to facilitate their understanding by a greater number of Customers. Notwithstanding this translation, the parties expressly agree that in the event of a dispute, only the French version of these Terms and Conditions shall be authoritative.
COINHOUSE retains the option to amend its Terms and Conditions at any time and without notice. In the event of amendments to the Terms and Conditions, the Terms and Conditions applicable to the Customer shall be those in effect on the date of the Transaction. The Customer is recommended to print a copy of the Terms and Conditions in effect on the date of the Transaction, notwithstanding COINHOUSE's archive policy.
The nullity of any one contractual clause shall not invalidate the Terms and Conditions.
10.1 Cryptocurrency Price information
The Prices of Cryptocurrencies that may form part of a Transaction by COINHOUSE are indicated on the COINHOUSE website, in accordance with Article 112-3 of the French Consumer Code, or indicated at the “COINHOUSE STORE” trading centre.
Unless the Customer avails of a specific option offered entirely at the discretion of COINHOUSE, COINHOUSE cannot guarantee the Price of Cryptocurrency at which a Transaction is made.
10.2 Calculation of Commission
Commission rates and the formula for calculating Commissions are available on the Website at https://www.coinhouse.com and at the “COINHOUSE STORE” trading centre.
Commissions are determined according to the value in euro or in quantity of Cryptocurrency of the Transaction to be made, and is expressed as a percentage of the equivalent amount in euro. A fixed component, payable in euro, may be added to the variable component of Commission. Parameters (i.e. percentage and fixed commission) may vary according to the Customer Account type (Premium Account or not) and the method of payment used. The final amount of Commission is determined as follows:
Commission may also include fixed charges, a minimum amount, and additional Administration Fees indicated by COINHOUSE at the time of the Transaction.
10.3 Absence of VAT on Commissions
Commissions relating to the purchase or sale of Cryptocurrencies are not subject to VAT (as per Article 261 C of the French General Tax Code).
11.1. Recipient of services provided by COINHOUSE
COINHOUSE Transaction services are intended for COINHOUSE Customers as defined in the Terms and Conditions.
11.2 Duration of services
Transactions offered by COINHOUSE to its Customers are valid subject to their availability.
Terms and Conditions shall apply from the moment when the Customer agrees to these Terms and Conditions.
A Transaction for a given Cryptocurrency shall be considered final: (i) where the Customer has proceeded to make payment in the legal tender to COINHOUSE when making a Cryptocurrency Purchase; or (ii) when the Customer delivers the intended quantity of Cryptocurrency corresponding to the Sale Amount as part of a Cryptocurrency Sale or Conversion in the case of a Cryptocurrency Conversion.
Communications, Transactions and invoices are archived using a durable and reliable storage medium in accordance with Article 1379 of the French Civil Code. Communications, Transactions and invoices have evidential value between the Parties. As a general rule, any electronic document from COINHOUSE constitutes evidence between the Parties.
13.1 By the Customer
The Customer may cancel a Transaction as of right where COINHOUSE does not comply with the time frame for Delivery of Cryptocurrency for the Transaction under the conditions set out in Article 15.2 below.
Where a Transaction is cancelled, the Cryptocurrency shall be refunded based on the Price as understood in the definitions of a Purchase or Sale or, failing this, the Price applicable at the moment of cancellation.
The Customer may opt to close a Customer Account at any time through the Customer Account settings or by visiting the “COINHOUSE STORE” trading centre.
13.2 By COINHOUSE
COINHOUSE may, as of right and without notice, cancel a Transaction or close a Customer Account in the event of a breach of the Terms and Conditions, such as:
In the event of cancellation on any of the aforementioned grounds, COINHOUSE shall refund the Customer based on the Price as understood in the definitions of a Purchase or Sale or, failing this, the Price applicable on a later date. COINHOUSE may charge Administration Fees and make a deduction for any losses relating to the Transaction from the refund issued to the Customer.
Where COINHOUSE closes a Customer Account, the Customer will no longer be able to make Transactions and all pending Transactions will be cancelled.
COINHOUSE reserves the right to amend, at any time and without notice, payment methods accepted on its Website and at the “COINHOUSE STORE” trading centre, in particular the type and country of issue of bank cards authorised for a Transaction.
15.1 Delivery time frame and procedures
COINHOUSE offers Customers holding a confirmed Customer Account the option to purchase and receive Cryptocurrency within a time limit set by these Terms and Conditions to a Wallet address, for which the Customer is wholly responsible.
In all circumstances, for a valid Transaction, Delivery of a Cryptocurrency associated with a Purchase or Conversion, or payment for a Sale, must take place no more than thirty (30) days after payment has been approved and received by COINHOUSE for the Transaction in accordance with Article L.216-1 of the French Consumer Code.
Transactions cannot be cancelled or amended from the moment that they are completed as defined in Article 12.1.
The Customer has up to seven days from payment of the Transaction or sending the Cryptocurrency to contest or report an issue to firstname.lastname@example.org or to https://coinhouse.zendesk.com/hc/fr. After this time, COINHOUSE shall not be held liable for the consequences of an incomplete Transaction.
15.2 Delay in Delivery
In the absence of Force Majeure, the Customer may cancel a Transaction where the delay in Delivery extends beyond thirty (30) days after making payment that is approved and received by COINHOUSE. In such cases, the Customer may cancel the Transaction by sending a registered letter with acknowledgement of receipt or a document in another suitable medium to COINHOUSE, in the event that COINHOUSE has not undertaken Delivery seven (7) working days after having been instructed to do so by the Customer by the aforementioned method. The Transaction shall be considered void upon receipt by COINHOUSE of the registered letter with acknowledgement of receipt or document informing of the cancellation, unless this step has been carried out by COINHOUSE in the interim.
COINHOUSE may, at its own discretion and without notice, set daily, weekly or monthly Transaction limits. For more information on applicable limits and limit increases and reductions, the Customer may contact COINHOUSE customer service by email at the following addresses: email@example.com or https://coinhouse.zendesk.com/hc/fr or by visiting the " COINHOUSE STORE " trading centre. Limit increases are approved by the Risk and Compliance Department.
COINHOUSE reserves the right to verify personal information provided by the Customer and to take all measures deemed necessary to verify the identity of the Customer whose bank account is debited. In addition to Customer identity checks and address confirmation, verification may involve a request to provide all banking documents such as an IBAN prior to approving a Transaction.
All Transaction payments by bank card via the Website must pass through 3-D Secure authentication for secure online payment. Transaction payments by bank card at the “COINHOUSE STORE” trading centre require confirmation by PIN.
TO THE EXTENT PERMISSIBLE BY LAW, COINHOUSE ACCEPTS NO LIABILITY FOR LOSS OF EARNINGS, INCOME, VALUE, PROFITS OR DATA, OR FOR INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES.
COINHOUSE shall not be held liable towards the Customer in the event of non-performance or improper performance of the Terms and Conditions on account of the Customer, or owing to fraud or error attributable to the Customer, an occurrence of Force Majeure, Technical Fault, inability on the part of COINHOUSE to determine the Price of Cryptocurrency for reasons beyond its control, or for shutdown, hacking or inaccessibility of Cryptocurrency trading platforms used by COINHOUSE for Clearing Transactions.
The Customer is hereby warned of the risks surrounding the Purchase, Conversion and Sale of Cryptocurrencies. In this respect, COINHOUSE shall not be held liable for the following:
Furthermore, COINHOUSE shall not be held liable for the following:
COINHOUSE cannot guarantee the Price of Cryptocurrency as part of a Transaction, except in cases where the Customer exercises a specific option.
COINHOUSE accepts no liability for the consequences in cases where the Customer sends an amount of Cryptocurrency that differs to that requested by the trading platform when making a Transaction. COINHOUSE cannot guarantee execution of the Transaction in such cases. COINHOUSE may be required to offer a refund of Cryptocurrency (thereby cancelling the Transaction) or an adjustment of the Transaction to a price effective on a subsequent date and in so doing to charge Administration Fees to the Customer.
As part of a "guaranteed price" Purchase or Sale operation that COINHOUSE may offer its Customers, COINHOUSE agrees to guarantee the Price of the Cryptocurrency for a Purchase or Sale, at the moment when the Purchase or Sale is confirmed, irrespective of market fluctuations between confirmation of the Transaction and Delivery of the Cryptocurrency or the exchange value in euro.
COINHOUSE shall strive as far as possible to ensure that the Website is accessible 24 hours a day, seven days a week. However, Website access may be temporarily suspended due to operations involving technical maintenance, system migration or updates, as well as outages or operational restrictions to internet services.
The properties and capacity of networks carrying data can vary and may be overloaded at certain times of the day, which may impact on download times and accessibility. COINHOUSE shall not be held liable on account of malfunction or inaccessibility of the Website attributable to third parties, network congestion, unsuitable equipment belonging to the Customer, maintenance or Website update operations or any other factor extraneous to COINHOUSE.
The cancellation of a Transaction or closure of a Customer Account by COINHOUSE under the conditions in Article 13.2 shall be communicated in an email from COINHOUSE to the Customer at the address linked to the Customer Account and shall take effect as of right without the need for any other - in particular legal - formality.
The centre is located at 35 Rue du Caire, 75002 Paris, France ("the Premises"). The Premises are accessible at the times set out in the Terms and Conditions, on the Website and at www.coinhouse.com and on COINHOUSE's social media accounts.
Customers or persons who wish to become a Customer or to simply visit the centre must respect other Customers and staff at all times. Visitors to the Premises are not permitted to:
COINHOUSE reserves the right to deny entry to the Premises to any Customer or visitor not observing the rules listed above or these Terms and Conditions.
COINHOUSE reserves the right to enlist the help of the Police or a specialist security company in order to refuse access or require a Customer or visitor to leave the Premises. COINHOUSE reserves the right to take legal action against and to demand compensation for any and all damages from offenders.
The Website, trademarks of COINHOUSE, COINHOUSE INSIGHTS, COINHOUSE CUSTODY SERVICES, ARIZEN, " LA MAISON DU BITCOIN", and material reproduced on the COINHOUSE Website, comprised in particular of photographs, videos, text, publications, illustrations, drawings, logos and images, are and shall remain the exclusive property of COINHOUSE and are protected by copyright, trademark law and/or patent law. All use, reproduction and/or transmission of this material without the prior written consent of COINHOUSE renders those in breach liable to prosecution.
Customers are therefore prohibited from the reproduction, representation, extraction and use in any form whatsoever, in full or in part, of trademarks, logos, or the COINHOUSE Website.
The collection and processing of personal information carried out by COINHOUSE in its capacity as data controller as defined in French Law No. 78-17 of 6 January 1978 concerning Information Technology, Data Files and Liberties, amended by Law No. 2004-801 of 6 August 2004, are necessary to open a Customer Account and process Transactions, create a customer file and effectively manage the commercial relationship between Customers and COINHOUSE. This information is for use by COINHOUSE, its service providers and partners within and outside the European Union, in particular for the purposes of execution and payment of Transactions.
COINHOUSE is responsible for completing the prior necessary procedures – in particular with the CNIL – under the regulations concerning the protection of personal data and undertakes to comply with these regulations within the scope of their application to data processing under these Terms and Conditions.
The Customer has the right at all times to access, modify, correct and contest this information for legitimate reasons and, as of 25 May 2018, has the right to limit the processing or portability of personal data, which may be exercised in writing with accompanying signature and with an attached copy of an acceptable form of identification, to:
Customer Service Support
35 rue du Caire
75081 Paris Cedex 02
The Customer has the right to issue instructions regarding the fate of his personal data after his death which can be addressed to the address indicated above.
Your personal data is kept for the longest period of time necessary to comply with the applicable legal and regulatory provisions or they can also kept for another period taking into account operational constraints, effective management of customer relations and responses to legal or regulatory requests.
The majority of information is kept for a minimum of 5 years in accordance with regulatory obligations.
At the end of this regulatory retention period, COINHOUSE will be able to contact the Client concerned to find out whether the customer wishes to continue receiving commercial solicitations from Coinhouse. In the absence of a positive and explicit response from the Customer, the data will be deleted or archived in accordance with the provisions in force.
Should any dispute arise as to the use of Customer information by COINHOUSE, the Customer shall be notified of the possibility to refer the dispute to the CNIL (French Information Technology and Data Commissioner).
For any questions or for further information, COINHOUSE customer service and support can be contacted:
All photographs shown on the Website, in particular those used for product illustration, are non-contractual and displayed for illustrative purposes as examples only.
All recording on electronic devices, photography and filming of the “COINHOUSE STORE” trading centre or its Staff or Customers are strictly prohibited without the express consent of the general management of COINHOUSE.
In the event of a dispute between a Customer and COINHOUSE, the Customer must notify Customer Services at the address provided in Article 23 or at the following address: firstname.lastname@example.org, taking care to give correct contact details and to forward all information to enable COINHOUSE to establish the cause and impact of the dispute.
Should the dispute persist, the Customer may contact the European Commission online dispute resolution service at the following address: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage.
The fact that COINHOUSE does not at a given moment invoke any one of the provisions in these Terms and Conditions shall not be interpreted as a waiver by COINHOUSE of subsequent invocation of any one of said Terms and Conditions, nor shall it be understood as an amendment thereof.
In the absence of an amicable settlement and for all disputes arising from these Terms and Conditions, jurisdiction shall be assigned to the court for the place of residence of the defendant in France, or that of the place of actual Delivery of the Cryptocurrency. In accordance with Article R.631-3 of the French Consumer Code cited below, the purchaser has a number of options, provided that he/she is a Personal User:
"Article R.631-3 of the Consumer Code: The consumer may refer a dispute either to one of the courts with jurisdiction under the Code of Civil Procedure, or to the court for the area where he/she lived at the time of conclusion of the contract or the occurrence of the event giving rise to the damage".
These provisions do not apply to Professional Customers. In the last scenario, the Court of Appeal for Paris (Cour d'Appel de Paris) shall have exclusive jurisdiction.
The interpretation and performance of these Terms and Conditions by COINHOUSE is solely subject to French law.
Share capital: €10,000
Address : 35 rue du Caire, 75002 Paris France
Paris RCS 815 254 545
E-mail : email@example.com
Tel : +33 1 53 00 92 60