The present general conditions of look (hereinafter referred to as the "conditions of use") contain the conditions and rules for the use of the website https://abarai.ro/ (hereinafter referred to as "Website"), belonging to Chidori Technologies SRL, a limited liability company registered in Romania, having the registered office in the municipality of Cluj-Napoca, Suceava Street no. 61A, Cluj county, registered at the Trade Register Office under no. J12/984/2023, having a unique registration code 43894338 and unique identifier at European level (EUID) ROONRC.J12/984/2023 (hereinafter referred to as "Society" or "Chidori Technologies").
The contracts governed by the detailed rules in the present conditions of use are the ones that end and are executed exclusively through the company's website.
By accessing and using the services offered by Chidori Technologies via the Website, the Customer confirms that:
Services - virtual currency exchange services, such as the exchange of fiduciary currency in virtual currency or the exchange of virtual currency in fiduciary currency.
Address - alphanumeric address generated free of charge, composed of public key and private key, which allows safely transferring cryptocurrency. The address represents the criterion of identifying the destination to which cryptocurrencies are sent.
Suspective address - alphanumeric address in connection with which transactions have been made of the reasonable suspicion that they have values from committing crimes/ that the one who trades or his representative is not who claims to be; The address is also suspicious about which transactions have been operated on characteristics that are likely to raise suspicions regarding the character, economic purpose or motivation of the transaction, as well as when there are indications that the data held on the client or the real beneficiary are not real or topical.
ATM (Automated Teller Machine) -an ATM that allows the rapid conversion of the faithful currency into cryptocurrency or vice versa, ensuring the client the opportunity to make or receive the payment in a fiduciary currency (lei or euro), as he acquires or alienates cryptocurrency.
Bitcoin - is a decentralized electronic payment system and a digital currency. The construction of the Bitcoin currency allows to hold and the transfer of value. Bitcoins can be saved on a personal computer in the form of a wallet file or can be stored with a third party's wallet service, and in both cases the bitcoins can be sent through the Internet to any person with a bitcoin address.
Private key -a secret data set that allows the transfer of cryptocurrencies in a certain wallet, through the cryptographic signature. Next to the public key, it forms the "address" to or from which the transfer of cryptocurrencies is realized.
Public key - a set of data that can be known by third parties and which, together with the private key, make up the "address" to or from which the cryptocurrency can be made. Knowing only the public key does not allow third parties to access or use cryptocurrency associated with a particular address.
Customer - the natural person who concludes the cryptocurrency trading contract (Bitcoin), or in order to transmit onos cryptocurrency to which he holds or in order to purchase cryptocurrencies.
Customer with the value of limited transactions - in the case of all individual transactions having a value less than the equivalent of 4,900 lei or 1000 euros. It is necessary to communicate the client's billing data.
Identified customer - the client who passed the process of registering the identity successfully. . In the case of all individual transactions having a value greater than or equal to the equivalent of 4,900 lei or 1000 euros. The identification is also required in the case of the transaction for a value less than the threshold indicated above, insofar as it uses the address already used during the same day for one or more anonymous transactions, whose values, cumulated with the value of this latter transaction, equals or exceeds the threshold of 4,900 lei or 1000 euros.
Commission - the amount owed by the client for any transaction governed by the present general contracting conditions. The amount represents the price of the service provided by Chidori Technologies and is calculated in the form of 8% of the traded value. If the client wants to purchase cryptocurrency, he will be kept to pay (in lei or euros) an amount equivalent to 108% of the purchase price of the acquired cryptocurrency. If the client wants to alienate cryptocurrency, the company will pay 92% of the cryptocurrency price, withholding the 8% commission. Chidori Technologies reserves the right to modify this commission, and the new commission will be applicable to all contracts concluded after its publication under the general contracting conditions revised and displayed at https://abarai.ro/.
Transfer commission -amount due by the client as a price price of the confirmation operation on the Bitcoin blockchain. This commission is due only if the client alienates cryptocurrency and is not established by, respectively due to Chidori Technologies. The amount lies in full to third parties that perform confirmation computer operations on blockchain.
Cryptocurrency - is a type of digital, virtual currency, a surrogate, non -bank currency, used as a means of payment (eg Bitcoin, Ethereum, Bitcoin Cash, Ripple, Litecoin). The name of cryptocurrency shows that this means of payment uses cryptography and is decentralized to control transactions and prevent double expense. The cryptocurrencies have their own separate blockchain, by themselves.
Identity document -identity card or passport, located during the validity period, which is presented in front of the ATM Chamber and/ or on the website in one of the modalities made available by the company, so as to allow the photocopy of the page and the identification data of the holder.
Fiduciary currency - financial instrument and means of payment, issued as a rule and guaranteed by a national bank, having a conventional value greater than the value of the material from which it is made. The fiduciary currencies that can be the subject of the contracts concluded between Technologies and the client are the lion and the euro.
Virtual currency - (see cryptocurrency)
Wallet -usual name for software installed in a computer, smartphone, etc. Or a service offered through the Internet that has the function of a bank account, in that it allows, through the private keys it contains, the transfer of cryptocurrencies belonging to its holder.
Purchase price - the equivalent in a fiduciary currency of the cryptocurrency unit, applicable to the contracts by which Chidori Technologies purchases cryptocurrency from the client. This price is permanently displayed on the website and represents the course (EUR/ Bitcoin) offered by https://www.kraken.com/ to which the company commission is applied. The EUR/Leo conversion is done according to the course displayed on the website https://currencylayer.com/.
Sale price - the equivalent in a fiduciary currency of the cryptocurrency unit, applicable to the contracts by which Chidori Technologies alienates cryptocurrency to the client. This price is permanently displayed on the website and represents the course (EUR/ Bitcoin) offered by https://www.kraken.com/ to which the company commission is applied. The EUR/Leo conversion is done according to the course displayed on the website https://currencylayer.com/.
Maximum trading value per day - the maximum value (established in lei) that the customer identified according to the law, respectively the holder of an alphanumeric address can be traded by contracts concluded with Technologies during each calendar day. Currently this value is 10,000 euros. Chidori Technologies reserves the right to modify this maximum ceiling, and the new ceiling will be applicable to all contracts concluded after its publication under the general contracting conditions revised and displayed at https://abarai.ro/.
Maximum trading value through a unique contract -the maximum value (established in lei) that the client can change by the contract concluded with Chidori Technologies. Currently this value is 10,000 euros. Chidori Technologies reserves the right to modify this maximum ceiling, and the new ceiling will be applicable to all contracts concluded after its publication under the general contracting conditions revised and displayed at https://abarai.ro/.
Through the website and ATM, Chidori Technologies offers virtual currency exchange services, such as the exchange of fiduciary currency in virtual currency or the exchange of virtual currency in a fiduciary currency.
The client must hold his own wallet for virtual currency or fiduciary currency. The company does not offer you any custody service for the virtual currency or the fiduciary currency.
The user customer of the services offered by Chidori Technologies acts on his own name at the conclusion of the contract. Any convention between the client and third parties-natural or legal-who would have authorized him to act on behalf and/ or on their behalf is inoporable to Chidori Technologies. The company is legally committed exclusively in relation to the user of the services, the only one who has the quality of part in the contract concluded with Chidori Technologies. All contractual obligations to the company are assumed exclusively by the client of the natural person.
In the event that the amount of money paid by the client in the execution of the contract has been borrowed or comes with another title from a third person, it does not give it any quality in relation to the contract concluded with Chidori Technologies and does not justify it to issue claims to the company in relation to the execution of the contract.
The client's possession of the private key associated with a certain address presumes in the relationship with the company that this is the holder of the cryptocurrencies, without any third party being able to issue claims to Chidori Technologies, even if he was able to demonstrate that he was the holder of the address and that the transfer of cryptocurrency was made by the client.
The willing indication by the client of the public key held by a third party has no relevance from the perspective of concluding the contract and the contracting parties. The user of the services is the one who acquires the quality of part in the contract. The existence of the eventual previous legal report, considering which the client indicated the address of the third party as a destination of the transfer is irrelevant from the perspective of the society. Any exceptions or defenses based on this legal report between the client and the third beneficiary of the transfer are inoporable to Chidori Technologies.
In order to be able to conclude the monetary exchange contract through the website belonging to Chidori Technologies, the customer must meet certain prerequisites:
The object of any contract governed by the present conditions of use is the exchange between cryptocurrency (bitcoin) and a fiduciary currency (lei or euros). The contract has the nature of a sales of incorporal movable goods (Bitcoin) against a price expressed in lei or euros.
The client has the opportunity to choose whether he wants to purchase cryptocurrency or trust currency. Depending on this option, it will be determined which part has the quality of seller (the part that alienates cryptocurrency).
To the extent that he wants to purchase cryptocurrency, the client has the possibility to choose his own payment method, in lei or euros.
The exchange rate between cryptocurrency and the fiduciary currency is determined prior to the conclusion of the contract according to the criteria independent of the parties and permanently displayed on the website.
The maintenance by the company of the website in operating state is worth a firm contract offer, addressed to the public, subject to the limit of the available of faithful currency (Leo and Euro) and cryptocurrency owned by the company.
6.1. The contract by which Chidori Technologies (seller) alienates cryptocurrencies
in the case of contracts by which the client aims to purchase cryptocurrency, the offer Chidori Technologies is made subject to the cumulative fulfillment, in the order below, of the following requirements:
The contract by which the client acquires cryptocurrency is concluded valid only after the payment/ transfer by the client (fiduciary currency) representing the equivalent of cryptocurrency (sale price), respectively of the commission related to the transaction. So far, the client can return to the initial option and is not legally employed by accessing the website menu.
6.2. The contract by which Chidori Technologies (buyer) acquires cryptocurrency
In the case of contracts by which the client aims to alienate the cryptocurrency, the client's firm intention to accept the offer is expressed by accessing the menu provided on the website that mentions the essential elements of the contract - the quantity of cryptocurrencies to be alienated by the client, respectively the amount (lei or euros) to be received in exchange. Cryptocurrency.
From the moment the registrar was issued, the client has 15 minutes for carrying out all the steps in order to execute the contractual obligation to submit the cryptocurrency to the address that was indicated. If this time interval expires without the steps have been taken - whether or not the reason is attributable to the client - the contract is terminated right, and Chidori Technologies ceases to be held by any contractual obligation towards the client. Also, the contract is terminated with retroactive effect if, despite these steps by the client, the cryptocurrency transfer is not later confirmed in blockchain.
The obligation of Chidori Technologies to pay the amount expressed in a fiduciary currency (lei or euro, at the client's choice) is affected by the suspensive condition of confirmation in the blockchain of the cryptocurrency transfer performed by the customer.
The cryptocurrency seller has the obligation to submit all the diligence for the individualization of the cryptocurrency sold and for it to be made available to the buyer.
The obligation to make available to the buyer of the quantity of cryptocurrency purchased is considered to be fulfilled only after confirmation of the transfer in blockchain.
The cryptocurrency buyer has the obligation to pay the price, in lei or euros, as it was established at the conclusion of the contract. The obligation to pay the price is executed in cash or with the card.
The client - regardless of the quality of seller or buyer he has in the contract - will be kept additional to the payment of the commission due to the company, respectively of the fixed transfer tax (only for the client who has the quality of cryptocurrency seller). In the case of the sale made by the client, the commission and the fixed transfer fee are paid by their direct deduction from the price paid by the company.
The order of execution . The obligation of Chidori Technologies becomes due immediately after the client's obligations. When the client has the quality of seller, the obligation of the price payment company is affected by the suspensive condition of confirmation in the blockchain of the cryptocurrency transfer performed by the customer.
The contractual liability of any parties is removed when the damage is caused by the temporary or definitive prevention of the execution of the contractual obligations by a force majeure or a fortuitous case.
If the force majeure event or the fortuitous case determines a definitive impossibility of executing any of the essential obligations assumed by the parties, the contract ceases to fully, with effects for the future.
If, for reasons independent of Chidori Technologies (such as, but without limiting the website failures, interruptions of the ATM electricity) the contract is temporarily prevented, for an interval of more than 24 hours, the customer-the buyer has the possibility to unilaterally terminate the contract and to request the sum of the amount.
If the impossibility is temporary (such as, but without limiting the website failures, interruptions of the ATM electricity, the exhaustion of the cash or cryptocurrency reserve) occurs after confirming the cryptocurrency transfer, the client-the seller does not have the possibility of the contract. He will be able to request in writing to the company, the payment in the shortest time of the amount due, indicating the bank account in which he wants to transfer his amount.
Increasing the onrootness of the obligations of any of the parties or the disappearance of the economic interest that determined the party to conclude this contract does not attract its termination.
The Bitcoin seller guarantees for his quality as a holder of cryptocurrency that is the object of the contract, as this individualized with the help of the provenance address, respectively of the public key.
The seller guarantees the buyer that the quantity of cryptocurrency identical to the one mentioned in the sale contract will be made available.
The seller does not guarantee to maintain the value of cryptocurrency, as it was expressed in the contract price.
The buyer is also in full awareness of the fact that the value of cryptocurrency is not guaranteed by any bank, central or superstatal.
Under these conditions, the value of cryptocurrencies and the exchange rate are dictated exclusively by the interest of potential buyers.
The client is aware and takes the risk of a potential value fluctuations, respectively of the steep devaluation of cryptocurrency.
The client is aware of the potential risks (EG possible attempted illicit influence of the trading price) associated with the uneven distribution of cryptocurrency between the original and current owners.
The client takes the risk that in certain countries the use of cryptocurrency will not be allowed.
The client is fully aware of the fact that Bitcoin or any other cryptocurrency, are not actual coins and that third parties are not legally kept to accept cryptocurrencies as a payment instrument.
The client knows that the use of cryptocurrency is conditioned by the simultaneous possession of both the public key and the private key associated with the address to which the cryptocurrency is found.
To the extent that loses the private key, the cryptocurrency holder cannot obtain from a third entity the recovery and will be found in permanent impossibility to use the cryptocurrency.
To the extent that it allows the subtleization of the private key (next to the public key) by a third person, the cryptocurrency holder is exposed to the risk that the third party will have cryptocurrency, without having efficient legal means for its recovery from the possible sub -dribs.
The buyer is fully informed that the indication of a wrong address for the factual transfer of cryptocurrency is done at its exclusive risk. The obligation to make cryptocurrency available to the buyer is irreversibly executed: once transferred to a certain existing and valid address, cryptocurrency can only be recovered by a new transfer, conditioned by the agreement of the holder of the respective address.
The client declares that he is 18 years old.
The client declares that the identity document presented is authentic, valid and belongs to them.
The client declares that it is the billing data communicated to the company are real, current and belong to them.
The client declares that he is entitled to have the amount of money (lei or euro) paid in the execution of the contract or, as the case may be, by the cryptocurrency associated with the address from which the transfer to Chidori Technologies is made. By concluding the contract, the client confirms that the amount of money, respectively the transaction cryptocurrencies belong to them or that they have been mandated by their holder for the conclusion of the contract.
The client-the buyer states that the address indicated as a destination of the transfer belongs to him or a determined third party, who will be the beneficiary itself to the transfer of the right to cryptocurrency.
The client states that the address used to transmit or to receive cryptocurrency is not a suspicious address.
The invalidity or ineffectiveness of any clause in this contract does not affect the valididate, respectively the effectiveness of the contract as a whole, except as it lacks the legal basis for one or for both parties.
In view of the irreversible character of the execution of the obligation to surrender/ make available the cryptocurrency after the confirmation in blockchain, the possible restitution of the benefit consisting of the cryptocurrency transfer will be done exclusively in equivalent (lei or euros) depending on the currency in which the price was paid. Therefore, in case of invalidity, resolution or other cause of cancellation of the contract, the buyer will be entitled to the price refund, and the seller to return the updated value (in the same currency) of the quantity of cryptocurrency whose transfer has been the subject of the contract canceled.
Cases to cancel the contract:
Any contract of sale concluded between Chidori Technologies and Client, under the conditions of these conditions of use is governed by the Romanian law in the form in force at the date of its conclusion.
In case it is not possible to resolve it amicably the possible disputes arising in relation to the contract concluded between Chidori Technologies and Client, the territorially competent courts will be those from the company headquarters.
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