updated on 13.12.2021
The present general terms and conditions (hereinafter referred to as "terms") apply exclusively and for all transactions, contracts and business relationships with FIOR Digital GmbH, based in 5020 Salzburg, Rupertiwinkelstraße 19 (hereinafter referred to as "FIOR Digital"), in particular for business and Business relationships with / on online or electronic platforms (e.g. https://21bitcoin.app) or mobile applications from FIOR Digital (Google Play & App Store).
1.1 FIOR Digital only offers services of legal age, natural persons without PEP status, residing in a country supported by FIOR Digital (see appendix) and only concludes contracts with them.
2.1 Persons interested in using FIOR Digital services must register with FIOR Digital by providing FIOR Digital with valid and truthful information in accordance with the registration process. A person who has successfully completed the registration process (which is confirmed by FIOR Digital) is hereinafter referred to as "customer".
2.2 In order to use the trading options of FIOR Digital, the FIOR Digital customer must verify his account. The verification processes and requirements depend primarily on the current security requirements, in particular AML considerations, and can – depending on the legal framework – change from time to time.
2.3 The customer ensures that he treats his password details confidentially, he only acts for himself and only opens the account for himself. It is forbidden to act as intermediary of any kind or trustee of any kind for third parties, or to grant a third party any form of access to his FIOR Digital account. In addition, only bank accounts in the customer's own name are permitted.
2.4 Persons who are US citizens or who are in the United States may not become a FIOR Digital customer. Depending on the respective local legal framework, FIOR Digital can also exclude other countries from FIOR Digital services. See list of supported countries (Appendix: Supported Countries).
2.5 The FIOR Digital customer must immediately update changes to his personal data (name, postal address and email address) (1) by email via a FIOR Digital system or (2) send it to FIOR Digital by registered mail. The customer is aware and accepts that FIOR Digital will always use the last email address and postal address provided by him, and that every message delivered to this email or postal address is deemed to have been lawfully delivered.
2.6 In order to become a customer of FIOR Digital, we need certain information. The customer is aware of this and hereby accepts that FIOR Digital can decide at its own discretion at what time it must provide copies of passports or ID cards and other information.
3.1 FIOR Digital offers the purchase of the virtual currency Bitcoin (BTC) with the legal fiat money Euro (€).
3.2 The customer must first upload a Fiat credit to the app by either withdrawing a corresponding euro (€) amount from their bank account by direct debit or the customer using SEPA bank transfer or standing order to transfer a corresponding euro (€) amount to the business account of FIOR Digital transfers - the amount received is displayed to the customer in his dashboard.
3.3 The purchase on FIOR Digital takes place exclusively as follows: The customer has uploaded a corresponding Fiat credit to his FIOR Digital account. He then makes a binding purchase offer from BTC to FIOR Digital. In order to make such a binding offer, the customer must (1) fill in all the necessary data on the respective FIOR Digital trading screen in a valid and correct manner and (2) confirm the "Confirm" button. The customer is shown an estimate of the expected amount of BTC in the purchase process. After a successful purchase, the customer is shown the exact amount of the purchase in his dashboard.
3.4 Recurring purchases or hereinafter "savings plans" with FIOR Digital are made exclusively as follows: The customer makes a binding purchase offer for the regular and recurring purchase of Bitcoin to FIOR Digital. In order to make such a binding offer, the customer must (1) make all the necessary Fill in the data validly and correctly on the respective FIOR Digital trading screen and (2) confirm the "Confirm" button. As soon as FIOR Digital can post the incoming payment to the bank details displayed at the time of purchase (by transfer, standing order or direct debit mandate), FIOR Digital purchase of BTC for the entire transaction amount at the current BTC market price from FIOR Digital.
3.5 SEPA direct debit mandate:
The respective payment amount is due for payment immediately and is due for collection at the respective debit time freely definable by FIOR Digital in advance. By using a SEPA direct debit mandate, the customer gives FIOR Digital or a company affiliated with FIOR Digital a revocable SEPA direct debit mandate in order to collect payments due from the account specified by the customer by means of recurring and regular SEPA direct debits. The customer confirms and accepts that the time of debiting the account specified can be up to ten days before the recurring purchase time specified by the customer. The customer hereby also authorizes his bank to redeem the direct debits. The customer's bank is also entitled to reject direct debits, especially if the customer's account does not have sufficient funds. The customer has the right, within 56 calendar days (8 weeks) from the date of the debit, to have a chargeback to his account without giving any reason ("return debit"). The conditions agreed with the customer's bank apply. Note: The claim due according to the final price accepted and confirmed within the framework of the savings plan remains in place even with a return debit. Since the customer is informed accordingly about the amount and the debit date, he revocably waives prior information prior to the execution of the direct debits. The customer is obliged to ensure that his account has sufficient funds on the due date. If collection via SEPA direct debit mandate is not possible (e.g. because the bank refuses or rejects the direct debit), the customer bears all costs arising therefrom (e.g. bank fees) and the customer authorizes FIOR Digital to carry out a direct debit again at a later point in time. The customer acknowledges and accepts that the first setup of a SEPA direct debit mandate can take up to ten calendar days from the transmission of the necessary data to FIOR Digital until it is fully implemented and direct debits can therefore be carried out.
3.6 Open orders must be paid within 14 days before FIOR Digital sends an email reminder. If no payment has been received after a total of 19 working days, FIOR Digital reserves the right to warn the customer in writing and to assign outstanding claims for collection or to cancel the order.
3.7 FIOR Digital reserves the right to exclude customers from further purchases at any time without giving reasons.
3.8 The minimum purchase amount is EUR 21.00.
3.9 A commission is retained for the purchase of Bitcoin. The commission is depending on the investment amount and is retained when buying / selling FIOR Digital.
3.10 The customer accepts the Bitcoin exchange rate at the time of conversion. The current 21bitcoin reference rate can be viewed by the customer at any time on the website https://21bitcoin.app/ or in the 21bitcoin app.
3.11 The processing of the order and the transmission of further information takes place via screen output in the app and also via email. The customer must ensure that the e-mail address he has stored is up-to-date, the receipt of e-mails is ensured and, in particular, is not prevented by SPAM filters.
3.12 Any costs incurred by credit institutions (e.g. fees for transfers or booking lines) are to be borne by the customer.
3.13 Bitcoin network fees (fees for processing transactions in the Bitcoin network, called “mining fees”) are to be borne by the customer.
3.14 The customer undertakes to check his wallet address again before submitting the order, since after the transfer has taken place, Bitcoin can no longer be booked back or sent to another address.
3.15 The respective transaction ID is used as clear evidence of the successful sending of Bitcoin. The ID and thus the transaction can be viewed publicly at the following Internet address: https://mempool.space
4.1 FIOR Digital offers the sale of the virtual currency Bitcoin (BTC) against the legal fiat money Euro (€).
4.2 The sale on FIOR Digital takes place exclusively as follows: The customer previously has a BTC credit in his FIOR Digital account. The customer then makes a binding offer to sell from BTC to FIOR Digital. In order to make such a binding offer, the customer must (1) fill in all the necessary data on the respective FIOR Digital trading screen in a valid and correct manner and (2) confirm the "Confirm" button. The customer is shown an estimate of the expected amount of euros in the sales process. After a successful sale, the customer is shown the exact amount of the sale in his dashboard.
4.3 Open orders must be paid within 14 days before FIOR Digital sends an email reminder. If no payment has been received after a total of 19 working days, FIOR Digital reserves the right to remind the customer in writing and to assign outstanding claims for collection or to cancel the order.
4.4 FIOR Digital reserves the right to exclude customers from further sales at any time without giving reasons.
4.5 The minimum sale amount is 0.0006 BTC.
4.6 A commission is retained for the sale of Bitcoin. The commission is shown to the customer in an overview before the actual sale on the respective trading screen and is retained by FIOR Digital when the sale is made.
4.7 The customer accepts the bitcoin exchange rate at the time of conversion. The current Bitcoin reference rate can be viewed by the customer at any time on the FIOR digital platforms and before each sale on the respective trading screen.
4.8 The processing of the order and the transmission of further information takes place via screen output on the FIOR digital platform and also via email. The customer must ensure that the e-mail address he has stored is up-to-date, that the receipt of e-mails is ensured and, in particular, that it is not prevented by spam filters.
4.9 The customer can transfer his / her EUR balance (shown in the app's dashboard) to a verified SEPA bank account in the customer's name.
4.10 Any costs incurred by credit institutions (e.g. fees for transfers or booking lines) are to be borne by the customer.
5.1 FIOR Digital only allows one account per registered customer. Multiple accounts are prohibited. If a second account is created in addition to the existing one, FIOR Digital reserves the right to block the second account.
5.2 FIOR Digital reserves the right to block and / or block and / or close a customer account immediately and without further notification to the customer (including blocking a transaction, reversing a transaction, suspending a transaction).
6.1 Pursuant to Section 18 Paragraph 1 No. 11 FAGG, the customer must expressly agree that he waives his 14-day right of withdrawal, from which the customer as a consumer benefits in accordance with Section 18 11 of the Fern- und Außenhandelsgesetz (FAGG). In this way, FIOR Digital can deliver Bitcoin (digital content that is not stored on a physical data carrier) before the right of withdrawal expires. FIOR Digital sends the respective customer a confirmation immediately after the conclusion of the contract in accordance with Section 5 (2) FAGG.
7.1 FIOR Digital assumes no liability for fluctuations in the value of the customer's BTC credit.
7.2 FIOR Digital is not liable for financial losses in connection with the customer's digital wallet. The customer is ultimately responsible for accessing and managing their own digital wallet. The customer is always responsible for the security of their own digital wallet.
8.1 FIOR Digital fulfills the GDPR measures in accordance with the data protection regulations as part of the agreed service provision.
8.2 For detailed information on data protection, please refer to the FIOR Digital data protection declaration, which can be viewed at https://21bitcoin.app/en/privacy/.
9.1 By using the services of FIOR Digital, the customer acknowledges that the value of Bitcoin (BTC) can fluctuate and that there is no guarantee that the value of Bitcoin (BTC) will increase compared to legal currencies such as the euro. FIOR Digital assumes no liability for fluctuations in the customer's Bitcoin (BTC) inventory. FIOR Digital will not provide any services if the customer has not transferred money to FIOR Digital's bank account. FIOR Digital will not deposit transferred funds in Bitcoin (BTC) if the Bitcoin mining fees are> 10% of the transferred funds. In this case, FIOR Digital waits until the participant has transferred additional money or the transaction costs have fallen to <10%. FIOR Digital always reserves the right to suspend and / or discontinue its services if fraud and / or abuse is suspected.
10.1 In the event of FIOR Digital's insolvency, customers have the right to segregation of their Bitcoin purchased from FIOR Digital, which is stored on a collective wallet generated for FIOR Digital by a third service provider and can be assigned to the respective customer using a separate ID assigned to each customer.
11.1 FIOR Digital manages the FIOR Digital systems with the necessary care. Nonetheless, fiat and virtual currency exchange systems combine various new experimental technologies and are very likely to experience interruptions, errors, and other problems. FIOR Digital does not guarantee to resolve such issues as quickly as possible. FIOR Digital will try to find solutions, but assumes no such obligation and no liability for damage caused by interruptions in the FIOR Digital systems, as such interruptions are inherent in an experimental area of technology.
11.2 The customer is aware that technology-based systems such as FIOR Digital Systems require maintenance and development work and that interruptions in the systems (planned and unplanned) are necessary and inherent in the system for such work.
11.3 Spamming, cold calling or any other intrusive advertising is strictly prohibited.
11.4 Any act on behalf of FIOR Digital is prohibited (e.g. sending messages on behalf of or on behalf of FIOR Digital to persons, posting or publishing statements on behalf of FIOR Digital, editing the logo, trademarks or other materials of FIOR Digital, Promotion of discounts for the services of FIOR Digital (with the exception of discounts published by FIOR Digital itself).
11.5 FIOR Digital has the right to pass on information to a competent authority if this is requested by the authority for prosecution or investigation in accordance with the Austrian Criminal Code (StGB). FIOR Digital reserves the right to cooperate with these authorities as much as possible.
11.6 With every transaction, the customer accepts and confirms these terms and conditions in the current version.
11.7 Changes and additions to these terms and conditions can be made by FIOR Digital at any time and will take effect at the earlier occurrence: (1) the customer has accepted the changed terms and conditions online or in the app or (2) within 1 month of the publication of the terms and conditions Changes or additions.
11.8 These terms and conditions are subject to Austrian law to the exclusion of the reference norms of international private law. The application of the UN sales law is excluded. For disputes arising from or in connection with these terms and conditions or a contract concluded with FIOR Digital on the basis of these terms and conditions, the relevant court in Salzburg or, in the case of contracts with consumers, the respective court of residence of the consumer is exclusively responsible.