24/07/2019

General conditions of sale of the site keplerk.com

Keplerk is a digital direct-selling platform for Bitcoin.. You can buy Bitcoins directly from Keplerk within the available stock.The service offered by Keplerk does not constitute a «market place» for buying/selling crypto-assets linking buyers and sellers.

Under certain conditions defined below and within the limits of purchase defined by Keplerk, the customer may resell to Keplerk its Bitcoins that are stored on a KEPLERK's crypto-wallet. The terms and conditions of the «cryptocurrencies wallet» can be accessed by clicking on the following hyperlink: https://www.keplerk.com/en/terms-of-sales-wallet.

The present General Terms Conditions of Sale of Crypto-actives (hereinafter «GTCS») are accessible via the following hypertext link: https://www.keplerk.com/en/terms-of-sales. They are valid as of July 24, 2019. This version of the GTC cancels and replaces the previous versions. You are invited to read them carefully. You are also advised to download and / or print and keep a copy. You must read and accept the GTC each time you make a purchase or sale from Keplerk to inform you of the applicable contractual provisions applicable to You.

Download

1. PARTIES OF THE CONTRACT

These GTCS are concluded between:

  • KEPLERK BLOCKCHAIN,
    simplified joined-stock company with a capital of 50,000 Euros, registered with the RCS of PARIS, under number 834 983 330 whose registered office is located at 17 Chaussée de la Muette 75016 Paris, intra-community, VAT number FR834983330, (hereinafter 'Keplerk'); and «Keplerk»)
  • The Customer having opened a 'Customer Account' accessible on the Keplerk digital platform;
  • • Hereinafter referred to, together or separately, depending on the context: The 'Parties'.«Side(s)».

2. DEFINITIONS ET INTERPRETATION

«Buyer»: refers to a «Customer» with a validated account, who has decided to acquire Crypto-assets in exchange for funds denominated in Electronic Money, produced by a specialised institution.

«GTC»: is an acronym designating the General Terms and Conditions of Sale, i.e. the conditions governing the contractual relationship between the Customer and Keplerk. The GTCs are accepted by the Customer when creating his Customer Area accessible from the Keplerk digital platform and by the Customer during each Transaction or Repurchase transaction.

«Customer» or «You»: refers to any adult person with an individual status and over the age of 18, who is able to exercise and enjoy his rights within the meaning of Article 414 of the French Civil Code and who has opened a «Customer Account». The Customer who has opened a validated «Customer Account» can become a Buyer and/or a Seller.

«Code Ticket»: «Ticket Code»: refers to a code in the form of an alphanumeric sequence or QR code, written on the Ticket.

«Consumer»: means any private individual person who acts for purposes that do not fall within the scope of his commercial, industrial, craft, liberal or agricultural activity.

«Cryptocurrency»or «Crypto-asset»:»: Refers to any digital representation of a security, that is not issued or guaranteed by a central bank or public authority, that is not necessarily attached to a legal tender and that does not have the legal status of a currency, but, that is accepted by natural or legal persons as a means of exchange and that can be transferred, stored or exchanged electronically in accordance with Article L. 54-10-1-2 of the Monetary and Financial Code. For the moment, the cryptocurrencies available for sale by Keplerk are limited to Bitcoin (BTC)

«Crypto-Wallet»: refers to the physical or digital medium intended to store the private key necessary for the possession and use of one or more crypto-currencies.

«Keplerk’s Crypto-Wallet»: refers to the physical or digital medium intended to store the private key necessary for the possession and use of one or more crypto-currencies.

«Distributor»: refers point(s) of sale of the distribution networks chosen by the Issuer to sell 'Keplerk ' electronic money tickets to Customers. The list of Ticket Distributors is accessible by the following hypertext link: https://keplerk.com/en/store-locator.

«Issuer»: refers to the electronic money institution, CFS-Zipp Limited or any other electronic money institution authorised to offer its services in France and with which Keplerk has concluded a commercial contract. CFS-Zipp Limited is an English company whose registered office is located at 790 Uxbridge Road, Hayes Middlesex, UB4 ORS, United Kingdom, it is registered under number 03925386 with a European passport to issue electronic money in France, and with which Keplerk has concluded a CFS-Zipp merchant agreement.

«Customer Area» or «Customer Account»: refers to the customer account opened on the Customer's name in the Keplerk digital platform, in accordance with the provisions of article 8 of the GTC.

«Validated Customer Account»»: refers to the customer account opened on the Customer's name, on the Keplerk digital platform, in accordance with the provisions of the Article 8 of the GTC, and for which the registration and the identity verification procedure has been successfully completed.

«E-Ticket»: refers to the electronic Ticket delivered to the Distributor and assigned by the latter, at the Buyer's request, to the Buyer's Customer account. The E-ticket allows the Buyer to make his cryptocurrency purchase on the Keplerk digital platform.

«Force majeure»: means any exceptional circumstance that makes it impossible for one of the Parties to fulfil an obligation. On there GTC, «force majeure» will be considered if it alternates between unpredictability, irresistibility or extremism.

«Fees»: refers to the fees applied by Keplerk as defined in article 12.

«Electronic Money»: refers to the electronic money issued by the Issuer and accepted by Keplerk for the purchase of cryptocurrencies..

«Keplerk Platform»: refers to the online digital platform accessible on any digital support (and in particular by the Keplerk Website or the mobile application). The Keplerk digital Platform is hosted by OVH located in Roubaix.

«Repurchase»:refers to the repurchase of the Customer's crypto-assets by Keplerk in accordance with these GTC. Keperk does not offer any guarantee of repurchase of the crypto-currencies. The sale of crypto-currencies by the Customer is only possible within the purchase limits defined by Keplerk.

«Customer Service»: refers to Keplerk's customer service that can be contacted:

  • • by e-mail at the address: contact@keplerk.com ;
  • • by phone (in French) at au +331 82 83 42 62 (cost of a local call not surcharged),
  • • by post to the following adress:17 chaussée de La Muette 75016 Paris.

«Website»: refers to the website accessible at the following address: https://keplerk.com

«Ticket»:refers to the Electronic Money ticket 'Keplerk by Moneyclic' with a unit value of 50, 100 euros. The Ticket and the Electronic Money are issued by the Issuer. The Distributor is responsible for the distribution of Tickets. The general conditions applicable to the use of the ticket are available at the following address: ; https://moneyclic.com/en/terms-et-conditions. The Ticket refers to both the Paper Ticket and the E-Ticket.

«Paper Ticket»: Refers to the Ticket given to the Customer in paper format by the Distributor. The Paper Ticket allows the Customer to make his purchase of cryptocurrency from Keplerk.«Transaction»: refers to any sale of cryptocurrency made in accordance with these GTC.

«Seller»:refers to a Customer who has decided to sell his cryptocurrencies to Keplerk and has a validated Customer account.

3. PURPOSE OF THE GENERAL TERMS AND CONDITIONS

3.1 The purpose of there «GTC» is to define the conditions under which:

  • • Keplerk sells crypto products to his Customers on Keplerk digital platform
  • • and the terms and conditions under which Keplerk may offer its Customers the repurchase of its crypto-assets.

3.2 The cryptocurrency is purchased from Keplerk by payment made in Electronic Money using a Ticket (Paper Ticket or E-Ticket) marketed under the name 'KEPLERK by Moneyclic'.

3.3 Payment of the crypto-assets repurchased by Keplerk from its Customers is made by transfer to the Customer's bank account.

3.4 Only these 'GTC' will form the basis of the negotiation in case of dispute.

4. WARNING ON RISKS RELATED TO THE CRYPTO-CURRENCY

4.1 Warning on the legal nature of Cryptocurrency

  • 4.1.1 Crypto-assets are neither legal tender within the meaning of Article L. 111-1 of the French Monetary and Financial Code nor electronic money within the meaning of Article L. 315-1 of the French Monetary and Financial Code.
  • 4.1.2 Keplerk draws your attention to the fact that the company cannot guarantee either the durability of crypto-currencies or their value, which is only fixed in relation to the supply and demand of investors.
  • 4.1.3 You must ensure that your IT and telecommunications devices are secure to prevent hacking of your data (including personal data).
  • 4.1.4 Keplerk declines any responsibility in particular in the event of loss or theft of Crypto-currency and/or any device containing them such as for example, USB keys, hard disks.

4.2 Warning on the risks related to the holding of Crypto-assets

  • 4.2.1 The price of Crypto-currencies is extremely volatile and their variations are unpredictable. The price of Crypto-currencies can fluctuate up and down very quickly. Buying crypto-assets involves a high degree of risk, including the risk of losing the full value associated with the purchase.
  • 4.2.2 You must act with caution and vigilance by limiting your purchases of crypto-assets to the amount of money you can afford to lose without putting yourself financially at risk. As such, it is not advisable to convert all your liquid assets into Crypto-currencies, given that Crypto-assets are volatile and can decrease in a totally unpredictable way.
  • 4.2.3 Any Transaction must be carried out on the basis of an assessment of the risks generated by it and your understanding of the underlying technologies (and in particular the functioning of a blockchain operation).
  • 4.2.4 As such, Keplerk reserves the right to refuse to execute a Transaction and/or Repurchase (i) in the event of proven non-compliance with warnings, (ii) in the event of conduct deemed unreasonable by Keplerk due to the unit or cumulative amount of Transactions and/or Repurchase requested by the Customer, (iii) if the information provided by the Customer in the context of identity verification and Customer knowledge is incorrect or incomplete, (iv) in the event of fraud or suspected money laundering or terrorist financing.
  • 4.2.5 The value expressed in legal tender for a Crypto-asset is quoted on trading platforms that are not regulated and do not provide any financial garantee, liquidity, technical or other guarantees.
  • 4.2.6 When You decide to sell your Crypto-assets to third parties outside the Keplerk digital platform, you alone bear the risk of failure, in particular technical failure, of the trading platforms you use, which may not pay you the corresponding amount at the price of the Crypto-assets that you have sold to such third parties or on such platforms. You also expose yourself to technical risks that may occur on trading platforms and result in the unavailability or even disappearance of your crypto-actives or the inability to sell said crypto-currencies. The technical failure, the liquidity risk of crypto-assets and the technical risk related to trading platforms may lead to transaction processing delays that would not allow the Customer to have their transaction completed on a specific date, for a predetermined amount.
  • 4.2.7 Crypto-currency may be subject to hacking attempts whose negative consequences cannot be handled by Keplerk. Similarly, Keplerk company cannot be held responsible for any incident related to the availability, integrity and confidentiality of Crypto-currencies or technical limitations induced by the computer systems used by the Customer for the conservation and storage of its Crypto-assets. It is the Customer's responsibility to ensure that it has the necessary and sufficiently secure IT resources to ensure the conservation and storage of its crypto-currencies and a a secure wallet of crypto-currencies. Keplerk company declines all responsibility in the event of hacking, loss, theft, corruption or destruction of crypto-currencies, in particular, regardless of the medium used to store and store them. As an exception, if the Customer uses the KEPLERK’S Crypto-Wallet, it is advisable to refer to the general conditions of use of the KEPLERK’s Crypto-Wallet which are accessed by clicking the following hypertext link: https://www.keplerk.com/en/terms-of-sales-wallet.
  • 4.2.8 Keplerk is a trading company that does not provide investment, payment or banking services. As such, Keplerk company is neither approved, nor supervised, nor controlled by the Prudential Control and Resolution Authority.
  • 4.2.9 Keplerk does not give any advice on the merits of the Transactions or Repurchase, does not communicate any trends or market indicators relating to cryptocurrencies, and cannot be held liable by the Customers in this respect.

5. THE PURCHASE OF CRYPTOCURRENCY BY THE CUSTOMER

5.1 The purchase of Crypto-assets is made on the Keplerk digital platform, for amounts of 50 or 100 euros depending on the amount of the Ticket used as payment. The Ticket cannot be used for split payments. The balance of the Ticket must be used in full as payment for each Transaction.

5.2 Keplerk may apply daily, weekly or monthly limits to transactions after informing the Customer. These limits are accessed by clicking the hypertext link: https://keplerk.com/en/fees-and-limits

5.3 The Transaction offers presented on the Keplerk digital platform are valid, in the absence of any indication of a specific duration, within the limits of the crypto-currencies stocks available.

5.4 Before any purchase of crypto-currencies, the Customer must create a «customer account» and successfully complete the validation procedure to be able to benefit from «Validated Customer Area». Until the Customer Area is validated, the Customer may not carry out any Transactions. The Electronic Money of the Ticket will remain waiting for use until the Customer has a validated Customer account.

5.5 To pay for his crypto-assets in electronic money by means of the ticket Paper delivered to the customer by the distributors; (ii) the direct assignment to the distributors of electronic tickets to the Buyer's validated customer area.

  • 5.5.1 Option 1: The purchase of crypto-currencies by entering the Code or scanning the Paper Ticket given to the Buyer:
    • • You must go to a Distributor and buy an Electronic Money Paper Ticket 'Keplerk by Moneyclic' ;
    • • Once your payment has been made, the Distributor will give you, your Paper Ticket containing an alphanumeric code and a QR Code;
    • • Equipped with your Paper Ticket, you must connect to your validated customer area accessible on the Keplerk digital platform and enter the Ticket Code, manually or by scanning the QR code. (If You do not have a Validated Customer Area, You must first satisfy the procedure described in article 8 of the GTC) ;
    • • You must designate the Crypto-Wallet to which You want to transfer your crypto-currency. Otherwise the Crypto-currency will be transferred to your KEPLERK’s Crypto-Wallet ;
    • • Finally, You must select the 'Confirm and Pay' box. This action results in (i) the use of the total amount of Electronic Money in the Ticket for the Transaction and (ii) the confirmation of your purchase of crypto-values.
  • 5.5.2 Option 2: The purchase of crypto-currencies by directly assigning the E-Ticket to your validated customer account on the Distributor's premises:
    • • You must go to a Distributor and ask to buy an E-Ticket, specifying that you wish to assign it directly to your validated customer account;
    • • Equipped with your phone (or other terminal) on which the Keplerk application is installed,
    • • You have to select the 'Direct Bitcoin' service,
    • • You are informed of the conditions for completing the purchase of crypto-currencies and the market price applied,
    • • You confirm your wish to proceed with the purchase of Crypto-actives by clicking 'onfirm and Pay' (If You do not confirm the direct purchase of Crypto-actives in the application, the entire operation is cancelled),
    • • After confirming the purchase of crypto-currencies, the QR code of your validated customer area is displayed on your phone (or other terminal),
    • • You must present the Distributor with the QR code of your validated customer area;
    • • Once the QR code of the validated customer area has been scanned by the Distributor, The Distributor gives you a paper receipt ticket for the Transaction.

5.6 The use of the Ticket (E-Ticket or Paper Ticket) as payment is the operation by which the Customer gives the order to transfer the total amount of the Electronic Money of the Ticket (Paper Ticket or E-Ticket) to Keplerk in payment of the purchase of cryptocurrency

5.7 The reference market price of the cryptocurrency used as a reference for the transaction is indicated to the customer in accordance with article 11 of the GTC.

5.8 The cryptocurrency purchase order issued at the time of confirmation of the Transaction by the Customer, entails the fixing of the price of the cryptocurrency.

5.9 As soon as the transaction to Keplerk is confirmed, the purchased cryptocurrencies are transferred to Your «Crypto-Wallet».

5.10 You may transfer the acquired cryptocurrencies to your Crypto-Wallet KEPLERK or to any other third party Crypto-Wallet that You own and for which Keplerk company declines any responsibility.

5.11 The transfer to the KEPLERK’s Crypto-Wallet is carried out in accordance with the general conditions of use of the Crypto-Wallet KEPLERK which are accessed by clicking the following hypertext link: https://www.keplerk.com/en/terms-of-sales-wallet.

6. QUANTITY OF CRYPTOCURRENCY ACQUIRED

6.1 The quantity of cryptocurrency acquired as consideration for the amount paid by means of the Ticket is determined by applying the reference price of the cryptocurrency communicated to the Customer and the Transaction Fees applied by Keplerk.

6.2 Transaction Fees are deducted from the nominal amount of the Ticket as provided for in Article 12 of the GTC.

6.3 The minimum Transaction amount is indicated on the Website at the following address: https://keplerk.com

7. DELIVERY OF CRYPTOCURRENCY’S PURCHASES

7.1 The cryptocurrencies are delivered on the Crypto-Wallet indicated by the Buyer.

7.2 The purchase of cryptocurrency is irrevocable as of your confirmation of the Transaction.

7.3 The cryptocurrency will be delivered to your Crypto-Wallet as soon as the Transaction is registered on the blockchain. The registration on the blockchain is determined by the global balance between the supply of computing power and the demand for registration on the blockchain. Keplerk is not responsible for delivery times, and in particular for the registration time of the Transaction on the blockchain. The registration period on the blockchain can take from a few hours to several days or even weeks

7.4 You will only be able to use your cryptocurrency after this registration on the blockchain allowing delivery on your Crypto-Wallet.

7.5 Except in cases of Force Majeure, any delivery period exceeding thirty (30) days may result in the Transaction being terminated at the Consumer's request.

7.6 The Consumer may request resolution by registered letter with acknowledgement of receipt or in writing in another durable medium (e. g. by sending an e-mail), if, after having previously requested Keplerk (according to the same procedures) to deliver the cryptocurrency within an additional fifteen (15) days, the Consumer has still not received the cryptocurrency.

7.7 In the event of a request for resolution of the Transaction, Keplerk shall reimburse the Consumer for all amounts paid, at the latest within fourteen (14) days following the date of the resolution.

7.8 You can obtain information on the delivery time from Keplerk at any time by contacting Customer Service or on the Keplerk digital platform by clicking the hypertext link: https://keplerk.com/contact.

7.9 You will only be able to use your Crypto-actives after they have been registered on the blockchain and made available in your Crypto-Wallet.

8. OPENING OF A CUSTOMER ACCOUNT

8.1 The Customer account opened by any Customer is strictly personal and is created for the exclusive use of the Customer. The Cliebt registers in accordance with the procedure provided by Keplerk.

8.2 Keplerk verifies by sending an SMS to the telephone number provided by the Customer at the time of registration.

8.3 Access to the Customer Area is secured by login credentials that You must keep secret. Sharing your login details with third parties will result in the suspension or permanent closure of your Customer Area. You will therefore be solely responsible for any damage suffered as a result of the disclosure of your login details. As soon as you become aware of a disclosure (or risk of disclosure) of your login credentials, You must immediately notify Keplerk, who will immediately block your Customer Area. To reactivate your Customer Area, you will need to contact Keplerk Customer Service.

8.4 Keplerk reserves the right to suspend a customer account, a Transaction or a repayment by transfer to your bank account, in the event of suspicion of money laundering, illegal use or fraud for which you are responsible, if it appears that the information provided for the validation of the Customer Area was false, incomplete or inaccurate, in accordance with these GTC or the General Terms and Conditions of Use of the digital platform accessed by clicking the following hypertext link: https://keplerk.com/en/terms-of-sales.

9. CUSTOMER AREA VALIDATION

9.1 The validation of the Customer Area requires, in particular, that You provide the following information and documents:

  • • Your first and last name ;
  • • Your gender (male or female) ;
  • • Your Nationality ;
  • • Your date of birth;
  • • Your valid email adress;
  • • Your postal adress;
  • • Your mobile phone number;
  • • Your valid identity document (front and back) (for example: National identity card of France or another European Union country, European passport).

9.2 You must also have a functional video camera that allows you to perform the video verification required for the validation of the Customer Area.

9.3 Additional information and supporting documents may also be requested from You at any time, such as, for example: references of your payment account opened with a payment service provider established in a state member of the European Union or a State party to the Agreement on the European Economic Area, additional supporting documents concerning identity, resources or origin of funds.

9.4 These information and documents are provided by the Customer on the Customer Area. Once the information and documents have been verified, Keplerk validates the Customer Area.

9.5 From a Validated Customer Area, You can in particular:

  • • Buy cryptocurrency from Keplerk;
  • • Indicate on which Crypto-Wallet your cryptocurrency purchased from Keplerk should be transferred;
  • • Open a KEPLERK Crypto-Wallet in accordance with the Terms and C onditions of the Crypto-Wallet KEPLERK available at the following link: https://www.keplerk.com/en/terms-of-sales-wallet; and
  • • Resell your cryptocurrency to Keplerk, when this option is available to you on the Keplerk digital platform.

10. THE «KEPLERK BY MONEYCLIC» TICKET

10.1 The Ticket represents a Electronic Money claim of 50 or 100 €.

10.2 The 'Keplerk by Moneyclic' Ticket can only be used on the Keplerk Validated Customer Area to purchase cryptocurrencies by payment in Electronic Money.

10.3 The terms and conditions of purchase, use, validity and refund of the Ticket are governed by the general terms and conditions of use concluded between the Issuer and the Customer, accessed by the following hypertext link: https://moneyclic.com/en/terms-et-conditions

11. PRICE VALUE OF THE CRYPTOCURRENCY

11.1 Cryptocurrencies market prices are indicated on the Keplerk digital platform in euros excluding taxes. The methods for calculating the price of cryptocurrencies are available on the Keplerk platform at the following address https://keplerk.com/en/fees-and-limits.

11.2 The price of the Cryptocurrency is set by Keplerk at the time of the transaction or repurchase of the cryptocurrency, in accordance with the article 5 article 15 and is communicated to the Customer.

12. THE FEES APPLIED BY KEPLERK COMPANY

12.1 Transaction Fees: Keplerk applies Transfer Fees that are included in the purchase price of the cryptocurrency. The Transfer fees are calculated in euros and are a percentage of the amount of the transfer.

12.2 Repurchase Fees: Keplerk also collects fees when repurchasing cryptocurrency from its Customers. These fees are deducted from the cryptocurrency repurchase price. Fees are calculated in euros and represent a percentage of the amount of the repurchase transaction.

12.3 The methods for calculating the Fees are communicated to the Customer on the Keplerk digital platform at the following address https://keplerk.com/en/fees-and-limits The Customer is informed of the amount of the Fees prior to the confirmation of the Repurchase or Transfer operation.

12.4 The amount of Fees collected on a Transaction or Repurchase may depend on the history of transactions carried out by the same Customer, as well as on commercial offers made by Keplerk. The Buyer is informed of these conditions prior to his purchase.

13. ABSENCE OF WITHDRAWAL RIGHTS

13.1 Transfers and Repurchase of cryptocurrency do not give rise to a right of withdrawal for the Consumer in accordance with the provisions of Article L. 121-21-8 of the french Consumer Code because the right of withdrawal cannot be exercised:

  • • in the context of the supply of goods or services whose price depends on fluctuations on the financial market beyond the control of the expert and likely to occur during the withdrawal period; and in particular due to the volatility and instability of the prices applicable to cryptocurrencies ;
  • • in the context of agreements relating to the supply of digital content not provided on a physical medium, the execution of which has begun at the prior and express request of the Consumer and subject to his express prior waiver of the right of withdrawal; in particular, the fact that the cryptocurrency is not provided on a physical medium and that there is a beginning of execution.

13.2 AS A RESULT, BY CONCLUDING THE GTC, THE CONSUMER DOES NOT HAVE A RIGHT OF WITHDRAWAL.

13.3 In addition to the provisions set out in these GTC, the Consumer is informed of his or her lack of right of withdrawal when concluding the GTC and confirming Transactions and Repurchase Operations on the Keplerk digital platform by the following statement: «You acknowledge that the right of withdrawal set out in the Consumer Code does not apply to the transaction you are about to undertake. Therefore, once you validate the transaction, you will no longer be able to reverse your decision. The process is therefore irreversible».

14. PAYMENT

14.1 Transaction payment: The sale price of cryptocurrencies is paid in cash by the Purchaser on the Keplerk digital platform. Payment is made in Electronic Money by Ticket «Keplerk by Moneyclic».

14.2 Repurchase payment: The sale price of the cryptocurrencies repurchase is paid in cash by Keplerk by transfer to the Seller's payment account.

15. REPURCHASE OF CRYPTOCURRENCIES BY KEPLERK

15.1 The Repurchase option is available on the Keplerk digital platform within the time and quantity limits, if any, specified by Keplerk. These limits are directly available at the following address: https://keplerk.com/en/fees-and-limits For further information, the Customer may contact Keplerk Customer Service by email.

15.2 Keplerk may offer the Repurchase of crypto-assets to its Customers. This service is available on the Keplerk digital platform in the Validated Customer Area. Customers have access to an interface allowing them to select the quantity of cryptocurrency to sell.

15.3 Keplerk indicates to the Customer the proposed Repurchase Price for the selected cryptocurrencies. The repurchase price is determined by applying the reference price of the cryptocurrency as provided for in Article 11 less the repurchase costs retained by Keplerk in accordance with the article 12 of the General Terms and Conditions.

15.4 If You wish to accept Keplerk's repurchase offer, you must do it as a seller, and:

  • 15.4.1 You must have a validated «Customer account» ;
  • 15.4.2 You have to hold your cryptocurrencies on a KEPLERK’s Crypto-Wallet. (cryptocurrencies stored on a third party Crypto-Wallet are not eligible for Keplerk's Repurchase offer) ;
  • 15.4.3 You must have provided Keplerk with the details of a payment account opened in your name with a payment service provider established in a state member of the European Union or a State party to the Agreement on the European Economic Area.

15.5 Procedure for the Repurchase of cryptocurrency material stored on a Crypto-Wallet KEPLERK

  • 15.5.1 The Seller must connect to his Validated Customer Area and enter (or check) the details of his payment account;
  • 15.5.2 The Seller selects the option to sell cryptocurrencies:
    • • If the Repurchase service is available, you will then have to enter the quantity of cryptocurrencies you wish to resell to Keplerk;
    • • If the Repurchase Service is not available, You are informed by a message displayed on the Keplerk platform indicating that the Repurchase Service is suspended.
  • 15.5.3 When the Repurchase is available, You are informed of the amount proposed by Keplerk for the Repurchase of the quantity of cryptocurrencies mentioned and the Repurchase Fees applied.
  • 15.5.4 If the Repurchase Terms are acceptable to You, You must then confirm the request to execute the Repurchase Transaction.
  • 15.5.5 You must transfer the cryptocurrency sold from your KEPLERK Crypto-Wallet to the Keplerk Crypto-Wallet whose address is communicated to you on the Keplerk digital platform. The cryptocurrency will be delivered on the Crypto-Wallet of Keplerk as soon as the Repurchase is registered on the blockchain. The registration on the blockchain is determined by the global balance between the supply of computing power and the demand for registration in the blockchain. Keplerk is not responsible for delivery times, and in particular for the time taken to register the Repurchase on the blockchain. The registration period in the blockchain can take from a few hours to several days or even weeks.
  • 15.5.6 You may at any time inquire about the delivery time with Keplerk by contacting Customer Service.
  • 15.5.7 As soon as Keplerk is able to verify that You have actually initiated the transfer to Keplerk's Crypto-Wallet or that the Repurchase Transaction has been recorded on the Blockchain, the Repurchase Transaction becomes irrevocable.
  • 15.5.8 Keplerk shall transfer the amount agreed for the Repurchase to the Seller's payment account within five (5) business days of the verification of the reality of the transfer as indicated in the previous paragraph.
  • 15.5.9 Keplerk cannot be held responsible for any error in the Customer's information, particularly in the details of his bank account or the details of Keplerk's Crypto-Wallet.

16. APPLICATION OF THE GENERAL TERMS AND CONDITIONS OF SALE

16.1 The «GTC» are made available to you on the Keplerk’s digital platform where they can be directly consulted at the following address: https://www.keplerk.com/en/terms-of-sales-wallet or within your Customer Area.

16.2 The General Terms and Conditions may also be communicated in writing or on a durable medium by simple request from the Customer to Customer Service by telephone or e-mail.

16.3 You must accept the GTC when opening a Customer Area and before executing a Repurchase, in order to be informed of the provisions in force.

16.4 You are also advised to download and/or print them and keep a copy on a durable medium, notwithstanding the archiving rules implemented by Keplerk.

17. MODIFICATION OF THE GTC

17.1 Keplerk reserves the right to modify the GTC at any time.

17.2 In the event of a modification of the General Terms and Conditions, the General Terms and Conditions applicable to the Customer shall be those in force on the date of the Transaction or the Repurchase.

18. LIABILITY AND EXEMPTION OF LIABILITY

18.1 Keplerk cannot be held liable in the event of non-performance or improper performance of the GTC due to the Customer's fault, the fault of a third party or an event of Force Majeure.

18.2 Keplerk cannot be held responsible:

  • • of a defect in the Customer's means of payment and/or the payment system attributable to the Customer and/or the supplier of the means of payment used by Keplerk ;
  • • of the durability and reliability of decentralized computer systems governing cryptocurrencies;
  • • of the stability of cryptocurrencies prices, due to their high volatility ;
  • • of the loss or delay in delivery of cryptocurrencies due to the customer due to computer and technical systems, in any manner whatsoever, and in particular, due to technical and/or security failures, whatever they may be, including pirating, hacking or failure of the customer's or third parties' information system any failure of the Customer's Crypto-Wallet held with third parties ;
  • • of the Customer's negligence regarding the conservation of the identification elements of his Customer Area and/or his Crypto-Wallet KEPLERK ;
  • • of any failure of the Customer's Crypto-Wallet held with third parties ;
  • • of the reimbursement of cryptocurrencies (or their counterpart in legal tender), in the event of loss of cryptocurrencies by the Customer, for any reason whatsoever and in particular, without this list being exhaustive, due to the piracy of the Customer's personal data by any means whatsoever, technical malfunctions of the network of a cryptocurrency for any reason whatsoever, the loss of the computer support containing them, such as hard disks, ledgers, tablets, smartphones, burglary, theft, extortion, violence, fraud or any other criminal offence contributing to the loss of cryptocurrencies.

19. INTELLECTUAL PROPERTY

19.1 No intellectual property rights relating to the use of the Ticket and the Customer Area are transferred to the Customer under these GTC.

19.2 The elements reproduced on the Keplerk digital platform consist in particular of photographs, visuals, texts, drawings, logos and images, which are the exclusive property of Keplerk and which are protected by copyright, trademark law and/or patent law.

19.3 Any reproduction and/or distribution of these elements, without the prior written consent of Keplerk, exposes the offenders to legal proceedings.

20. PERSONAL DATA

20.1 In the context of providing the cryptocurrencies storage service and the processing of its Customers' personal data, Keplerk undertakes to comply with the regulations on the protection of personal data, and in particular Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data ('RGPD') and Law No 78_17 of 6 January 1978 on data processing, files and freedoms, amended on 20 June 2018 (hereinafter the applicable 'Regulation'). For more information, a data protection policy is available at https://keplerk.com/en/legal-notice.

20.2 Purposes of the processing operation

  • 20.2.1 The purpose of the processing of personal data is:
    • • in compliance with any applicable legal or regulatory provisions, in particular those relating to the prevention of money laundering and terrorist financing,
    • • to insure treatment/management and archiving of Transfer and Repurchase operations ;
    • • the control and prevention of incidents and irregularities (fight against fraud and any other type of abuse) ;
    • • commercial customer management ;
    • • the processing of the Customer's requests; and
    • • service quality control on the Keplerk Platform.
  • 20.2.2 The Customer is informed that his personal data may be recorded in one or more files in compliance with the applicable regulations and agrees that personal data may be recorded and processed in accordance with the purposes previously stated.
  • 20.2.3 For security reasons and for evidentiary purposes, after the closure of the Customer Area, Keplerk will keep the Customer's personal data for a period of five (5) years, as well as the history of events and transactions related to his account (and in particular Transfers and Redemptions).

20.3 Communication of collected data to recipients

  • 20.3.1 The Customer agrees that personal data strictly necessary for at least one of the purposes mentioned above or as required by applicable regulations, may be communicated by Keplerk to its employees, subcontractors and outsourced service providers whose intervention is necessary.
  • 20.3.2 The Customer is informed that the communication of his personal information to the above-mentioned persons may be made in accordance with the conditions previously defined, to another country of the European Union or the European Economic Area.

20.4 Rights of individuals exercice

  • 20.4.1 The Customer has a right of access to personal data concerning him/her. You are informed that You may consult at any time in your Customer Area, the information you have provided to Keplerk, provided that this right of access does not affect the purpose of combating money laundering and terrorist financing.
  • 20.4.2 You have the right to obtain the rectification of inaccurate data concerning You.
  • 20.4.3 Keplerk refrains from processing Customer information for the purposes of commercial prospecting, advertising or direct marketing, relating to services or products or services promoted by itself.
  • 20.4.4 The rights of opposition, access and rectification, limitation, portability and deletion as well as the right to define guidelines after his death can be exercised free of charge upon request to Keplerk by e-mail to Customer Service or by post to the following address: 17 Chaussée de La Muette 75016 Paris. In the event of non-compliance with its rights by Keplerk. You can appeal to the Commission Nationale de l'Informatique et des Libertés (CNIL).

21. FIGHT AGAINST MONEY LAUNDERING AND FUNDING OF TERRORISM

21.1 Keplerk is subject to French regulations relating to the fight against money laundering and terrorist financing

21.2 In particular, Keplerk must identify and verify the identity of its Customers and, where applicable, the beneficial owner of the Customer Area and/or operations related to it.

21.3 The Customer acknowledges that Keplerk may terminate or postpone access to the cryptocurrencies purchase or sale service at any time.

22. EVIDENCE

22.1 The archiving of communications, and in particular of any history of Transfers and Repurchase carried out, is carried out on a reliable and durable medium in accordance with Article 1379 of the french Civil Code.

22.2 These communications, and in particular any history of the Transfers and Repurchase made and, in general, any Keplerk computer document, shall have evidential value between the Parties.

22.3 In addition, Transfers and Repurchase are recorded on the blockchain, in accordance with the protocol provided for the cryptocurrency concerned.

23. CUSTOMER SERVICE

For any questions regarding the application of these General Terms and Conditions and the operating procedures of the KEPLERK Crypto-Wallet, the Customer may contact Keplerk's Customer Service.

24.ADDITIONNAL CLAUSES

24.1 The nullity of a non-substantial contractual clause does not entail the nullity of the GSC.

24.2 The fact for Keplerk not to avail of one or more clauses of the GSC can not claim waiver of its clauses and other clauses of the GSC that would continue to have effect.

25.CONTRACT TERMINATION

25.1 The Customer may terminate these GTC at any time and without notice.

25.2 Keplerk may terminate these GTC in the event of a justified suspicion of the identity declared by the Cliebt or in the event of non-performance of any of the obligations imposed on the Customer under these GTC (in particular in the event that the Customer does not provide the information and identification documents in accordance with these GTC).

25.3 The termination of the GTC by the Customer shall be effected by contacting Keplerk Customer Service by email or registered mail with acknowledgement of receipt.

26.CONTRACT LANGUAGE

26.1 The GTC and all contractual information mentioned on the Keplerk digital platform are written in French and English and can be translated into other languages.

26.2 In the event of any discrepancy between the French version and the translations, it is agreed that the French version shall prevail.

27. MEDIATION

27.1 Keplerk informs the Customer that he has the right to refer the matter to the Electronic Communications Ombudsman whose contact details are given below: Le Médiateur des Communications Éléctroniques: C.S 30342 -94257 GENTILLY CEDEX, accessible at the following link: https://www.mediation-telecom.org .

27.2 The Customer has the possibility to contact the mediator directly online at the address indicated above, in particular by returning the duly completed form for submitting a complaint to the mediator for electronic communications.

27.3 The acknowledged Customer’s right to use an out-of-court settlement service for consumer disputes by referring the matter to a mediator does not prevent him/her from addressing any complaint in advance to Keplerk's Customer Service.

28. COMPETENTS COURTS

Notwithstanding the foregoing, and in accordance with the provisions of Article R. 631-3 of the Consumer Code reproduced below, the Customer, provided that he is a Consumer, has several options: «The consumer may, at his choice, bring proceedings before the court of the place where he resided at the time the contract was concluded or the harmful event occurred: «The consumer may, at his choice, bring an action before the court of the place where he resided at the time of conclusion of the contract or the occurrence of the harmful event, in addition to one of the courts having territorial jurisdiction under the Code of Civil Procedure».

29.APPLICABLE LEGISLATION

The GTC are governed and subject to French law. In the event of a dispute, an amicable solution will be sought before any legal action.