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Terms & conditions

1. INTRODUCTION

  1. These Terms and Conditions define the rules applicable to the use of our Services and the acquisition of Products through our Website. 
  2. The Website is run by Onchain  Foundation with its registered office at Dammstrasse 16, 6300 Zug, Switzerland, email address contact@onchain.org (“Onchain”).
  3. Whenever in these Terms and Conditions we use words such as „we”, “our”, “us‘’ we mean Onchain. Whenever in these Terms and Conditions we use words such as “you”, “your” or “yours” we mean the User (as defined below).

2. DEFINITIONS

  1. All capitalised terms shall be defined as described below:
    1. Website – Onchain’s website available at www.onchain.org;
    2. User, you – any person or entity, including a Consumer or a Professional, which makes use of the Services;
    3. Services – all services that Onchain renders based on these Terms and Conditions through the Website; the Services include among others providing access to the Magazine, Newsletter, and Store;
    4. Magazine – a collection of digital content published on the Website;
    5. Newsletter – an electronic report containing news related to our Services or information about our Products or Services, which we send out to our subscribers;
    6. Store – the online store available through our Website in which the Customer can purchase Products;
    7. Products – Digital Products and Physical Products delivered to the Customer under the Sales Agreement; 
    8. Digital Products – digital content (e.g. research reports) offered by Onchain through the Store;
    9. Physical Product – a physical item offered by Onchain through the Store;
    10. Cart – technical functionality of the Store, which allows the User to create and place orders for Products;
    11. Order – Customer’s declaration of will regarding conclusion of a Sales Agreement, submitted by the Customer via Cart;
    12. Customer – the User who uses the Store and/or places Order(s) in our Store; a Customer may be either Consumer or a Professional;
    13. User Account – a panel assigned to a given User as a result of a correct registration, where information about the User is stored;
    14. Consumer – any natural person that enters into the Electronic Services Agreement and/or Sales Agreement in a context where it is not directly related to their business or professional activity;
    15. Professional – any natural or legal person which concludes the Electronic Services Agreement or Sales Agreement in a context where it is directly related to their business or professional activity;
    16. Electronic Services Agreement – a contract entered into based on these Terms and Conditions, concluded between Onchain and the User to provide the Services;
    17. Sales Agreement – a remote sales agreement concluded between Onchain and Customer, the subject of which is selling and/or providing the Product;
    18. Personal Data – any information relating to an identified or identifiable natural person, such as your name, address, telephone number, or email address;
    19. Privacy Policy – Privacy Policy of Onchain’s Services, Website and marketing activities, available at https://onchain.org/privacy-policy. 

Singular, plural, gender. All references to the singular shall include the plural where applicable, and all references to gender shall include both genders and the neuter.

Headings and titles. Headings and titles are used for convenience only and are not to be used in construing or interpreting these Terms and Conditions. 

3. GENERAL PROVISIONS

  1. These Terms and Conditions govern the rules of using the Website and rendering the Services to the Users by Onchain, including but not limited to the rules of placing orders for Products, making payments for Products, delivering Products and Services, submitting complaints, entering into Electronic Services Agreement, as well as other User’s and Orchain’s rights and obligations related to the Services.
  2. The User is obliged to read these Terms and Conditions before using the Services.
  3. We provide the following Services based on these Terms and Conditions:
    1. making our Website available to its Users;
    2. making our Products available for purchase, as well as providing Products to the Customers;
    3. making our Magazine available to our Users;
    4. sending out the Newsletter to its subscribers.
  4. You may only use the Services in a manner consistent with the law. While using the Services you undertake to refrain from any actions that may impede or disrupt proper functioning of the Website, including but not limited to destroying, changing, removing, damaging the Website or obstructing access to other User Accounts in any other manner whatsoever.

4. TECHNICAL REQUIREMENTS

  1. In order to access the Website and use the Services, you need to have:
    1. a computer, smartphone or other multimedia device;
    2. access to a stable Internet connection;
    3. access to the latest version of any Internet browser (such as e.g. Google Chrome, Safari, Mozilla Firefox, Opera).
  2. In order to use some of our Digital Products (e.g. research reports), you might need to have access to any software that enables reading PDF or text files. The Digital Products will be delivered to the Customer in commonly used electronic formats.
  3. The use of third-party software which influences proper functioning of the browser (browser extensions) may have an impact on the correct functioning of the Website.

5. USER ACCOUNT

  1. You can create a User Account on the Website. Creating a User Account is optional and free of charge.
  2. The User Account allows the User to:
    1. place Orders; 
    2. track the status of active Orders;
    3. access to the archive of placed Orders;
    4. subscribe or unsubscribe from the Newsletter;  
    5. record and edit the User’s Personal Data (such as e.g. billing data, shipping data, contact details).
  3. In order to create a User Account, you should fill in the registration form available on the Website or register by using other authentication methods available on the Website  (such as via Google account or WordPress account) authentication and accept the content of the Terms and Conditions and Privacy Policy.
  4. Logging into the User Account takes place by entering the login and password established during registration or by using other authentication methods available on the Website  (such as via Google account or WordPress account). You are obliged to keep your login credentials confidential.
  5. The User may delete their User Account at any time, without giving reasons and without incurring any fees. In order to delete the User Account, the User should write an email to the address contact@onchain.org. When requesting the deletion of the User Account, the user may also request the export of all Personal Data associated with the User Account.

6. MAGAZINE 

  1. As a User of our Website you can access and read the Magazine. The Magazine is a library of various digital content, including but not limited to articles, research, interviews, and analyses related to blockchain technology or industry. Access to the magazine is free of charge. 
  2. All content published in the Magazine, including texts, graphics, photos, and other materials, is protected by copyright and belongs to Onchain or is used by Onchain under licence. The User has the right to use the content solely for personal use. Copying, distributing, selling, or using the Magazine’s content for commercial purposes without our express consent is prohibited.
  3. We make every effort to ensure that the content published in Magazine is up-to-date and accurate, but we do not guarantee its accuracy or completeness. We are not liable for decisions made based on any information included in the Magazine.
  4. We reserve the right to make changes to the content published in the Magazine, remove content, or temporarily suspend access to the Magazine without prior notice to the Users.

7. NEWSLETTER

  1. If you subscribe to our Newsletter, we will provide you with the news related to our Products or Services.
  2. Subscription of the newsletter is free of charge.
  3. In order to gain access to the Newsletter, you must sign up for it via Website, by providing us with your email address and giving us your consent to receiving the Newsletter.
  4. You can unsubscribe from the Newsletter at any time by using the dedicated functionality in the received email message or in your User Account settings.

8. PLACING ORDERS FOR PRODUCTS AND ENTERING INTO SALES AGREEMENT

  1. By using the Store, the Customer can purchase Physical and Digital Products. Orders can be placed both by unregistered and registered Customers (i.e. Customers having a User Account).
  2. In order to place an Order, the Customer must:
    1. select the Products by adding them to the Cart;
    2. proceed to the Cart;
    3. fill in or select the required data (such as billing and shipping address, contact information);
    4. select payment method and fill in payment data if required;
    5. accept the Terms and Conditions (unless accepted beforehand);
    6. confirm placement of the Order by clicking the appropriate button on the screen.
  3. Before placement of the Order is confirmed:
    1. the Customer may modify entered data, including types and number of selected Products and Customer’s Personal Data. For this purpose, the Customer shall follow the messages displayed on the screen.
    2. the User is shown a summary of the Order, i.e. the total price and details of the Order.
  4. By placing an Order, the Customer submits to Onchain an offer to conclude a Sales Agreement for the Products covered by the Order and on the conditions specified in the Order.
  5. The Sales Agreement is entered into at the time the Customer receives an email confirmation of the Order being accepted by Onchain. The confirmation will be sent to the Customer’s email address specified in the Order.
  6. The content of the Sales Agreement is recorded, secured and made available to the Customer in the User Account, and/or sent to the Customer’s email address specified in the Order.

9. PAYMENT AND DELIVERY

  1. The Store offers the following payment methods:
    1. payment by debit or credit card via an external electronic payment system (Stripe);
    2. cryptocurrency payments via an external cryptocurrency payment system (Coinbase).
  2. Cryptocurrency payments will be made based on the rates indicated by Coinbase. In case of choosing this payment method additional fees may apply, in accordance with the rules set forth by Coin
  3. The Store offers the following delivery methods for the Physical Products: courier door-to-door delivery (DHL, UPS or other courier service providers).
  4. In order to process payments and deliver Orders, Onchain uses third-party service providers. Therefore, in order to process payments or use courier services, the Customer will be asked to accept terms of service provided by these third parties. Failure to accept such terms of service may prevent you from using the Services.
  5. Payment for the Order is charged immediately due to the online payment specifics.
  6. Physical Products are shipped throughout Europe and in other territories specified in the Store. Digital Products are delivered online, to the email address specified in the Order.
  7. If the Customer is not a Consumer, the Store does not bear the risk of accidental damage or loss of the Physical Product in delivery. Upon delivery of the Physical Product to the carrier, all risk of loss, destruction or damage to the Physical Product are borne by the Customer.
  8. Delivery times for Physical Products may vary depending on their availability and performance of third party service providers. When placing an order, the Customer will be informed about the estimated delivery time. However, Onchain does not guarantee that the Product will be delivered within the estimated time. Digital Products will be delivered immediately after receiving the payment.
  9. The final (definitive) amount payable by the Customer consists of the price of the Product and, the cost of delivery in case of Physical Products, and – for some payment methods – fees related to payment processing. All costs are always visible to the Customer in the Cart before making a payment.
  10. The prices given in the Store are given in euro and include value added tax (VAT).
  11. At the request of the Professional Customer, Onchain may issue a VAT invoice for the Order. Sales to Consumers are documented through receipts. Invoices and receipts are delivered electronically to the email address specified in the Order.

10. WITHDRAWAL FROM THE SALES AGREEMENT

  1. The Consumer has the right to withdraw from the Sales Agreement without giving any reason within 14 days. To observe the 14-day period indicated above, it is sufficient that Consumer sends a statement of withdrawal before the expiry of the aforementioned period.
  2. The 14-day period referred to in section 10.1 shall start:
    1. if the Order is delivered as a whole, in one shipment – from the date the Order was delivered to the Consumer;
    2. if the Order includes multiple Physical Products which are delivered separately, in portions or in parts – from the date the last item of the Order was delivered to the Consumer;
    3. if the Order consists of the regular delivery of Physical Products for a fixed period (e.g. subscription) – from the date the first part of the Order was delivered to the Consumer;
    4. for other contracts – from the date the Sales Agreement was concluded.
  3. The right to withdraw from the Sales Agreement does not apply to Consumers who purchased Digital Products, as long as:
    1. the Service (i.e. delivery of the Digital Product) has been fully performed with the express and prior consent of the Consumer; and
    2. the Consumer was informed and acknowledged before entering into the Sales Agreement, that they would lose the right of withdrawal after the Digital Product is delivered.
  4. To exercise the right of withdrawal the Consumer shall submit to Onchain a statement of withdrawal from the Sales Agreement. The statement shall be submitted:
    1. by post or courier service sent (along with the returned Product) to:

    Sunday Group BV
    Attn: Onchain Returns
    Krommebeekpark 21
    Roeselare, 8800 Belgium;

    1. by email to the following email address: store@onchain.org. 
    1. If the statement of withdrawal is made by email, we will immediately confirm its receipt to the email address, from which the statement has been sent.
    2. If the Consumer withdraws from the Sales Agreement, the agreement is deemed not to have been concluded, and as a result:
      1. Onchain will immediately (no later than 14 days from receipt of the statement) reimburse to the Consumer value of the Products covered by the withdrawal;
      2. The Consumer is obliged to immediately (no later than 14 days from receipt of the statement) return the Products to Onchain by sending them back to the address referred to in section 10.4.1 above.
    3. The cost of returning the Products, as well as liability for the delivery of the return, shall be borne by the Consumer. We strongly recommend using a trackable shipping method when returning the Product.
    4. All returned Products must be in new and unused condition, with all original tags and labels attached. The Customer shall be liable for any diminished value of the returned Products (if the returned Product is used, damaged, missing any parts, or was damaged during shipping due to incorrect packaging, we might deduct from the refund to cover the loss in the Product’s value).
    5. After receiving the returned Product and inspecting its condition, we will process your return and notify you by email when your return has been processed.
    6. The reimbursement will be executed by using the same payment method as used by the Consumer, subject to the following terms:
      1. refunds of payment made with credit or debit cards are processed back to the same cards;
      2. cryptocurrency payments are refunded in the same cryptocurrency, in the amount of the returned Product’s value in CHF, based on the rate (cryptocurrency to CHF) from the date on which the refund is made to the Customer.
    7. We may withhold the reimbursement until the Physical Products are delivered back to us (to the address referred to in section 10.4.1 above).

    11. CONCLUSION AND TERMINATION OF THE ELECTRONIC SERVICES AGREEMENT

    1. The Electronic Services Agreement concluded between Onchain and the User as a result of accepting these Terms and Conditions may be terminated by either party at any time. Termination of the Agreement will result in deletion of the User Account and/or User’s inability to use the Services.
    2. If the User wants to resign from our Services connected with their User Account, they can delete their User Account at any time, according to the instructions provided in section 5.5.
    3. If the User wants to opt out from the Newsletter, they can do so according to the instructions provided in section 7.4.
    4. Onchain has the right to terminate the Electronic Services Agreement at any time by ceasing to provide the Services through the Website.
    5. Onchain may terminate the Electronic Services Agreement with immediate effect if the User violates provisions of the Terms and Conditions.

    12. COMPLAINTS

    1. If the Product delivered to you is not compliant with the Sales Agreement, i.e. does not have the declared properties or features, or you have experienced any technical problem while using the Website or you have any reasonable objections to our Services, you can file a complaint by contacting us at via email at the address:  store@onchain.org. The complaint shall describe your problem as precisely as possible, as it will allow us to react quickly and effectively.
    2. The Complaint include:
      1. information concerning the complained Product or Service, including but not limited to information on type and date of occurrence of the defect;
      2. expected solution; 
      3. contact details of the Customer.
    3. If a Product delivered to the Consumer has a defect, the Consumer may: (i) make a statement to reduce the price, (ii) withdraw from the Sales Agreement, (iii) demand replacement of the defective Product with a defect-free Product, or (iv) demand removal of the defect. In case the Consumer exercises one of the rights indicated in the previous sentence in relation to a Physical Product, if it proves necessary to consider the complaint, the Consumer is obliged to deliver the defective Product at our expense, to the following address:

      Sunday Group BV
      Attn: Onchain Returns
      Krommebeekpark 21
      Roeselare, 8800 Belgium.

      1. We undertake to respond to the complaint immediately, no later than within 14 days of its receipt.

      13. OUR LIABILITY

      1. We make every effort to ensure proper functioning of the Website and remove bugs or errors within a reasonable time, however we do not guarantee  to remove any irregularities reported by the Users.
      2. We are not liable for any disruptions in the proper functioning of the Services, as well as for non-performance or improper performance of the Electronic Service Agreement caused by force majeure, third parties and/or by our efforts to improve the Website functionality, unless we are solely liable for such an event.

      14. DATA PROTECTION

      1. The rules of processing User’s Personal Data by Onchain are specified in the Privacy Policy, available at data@onchain.org.

      15. CONTACT WITH US

      1. Contact with Onchain is possible via post: Onchain Foundation, Dammstrasse 16, 6300 Zug, Switzerland or via email: onchain@onchain.org.

      16. FINAL PROVISIONS

      1. We may amend these Terms and Conditions and any arrangements made hereunder at any time for the following important reasons:
        1. organisational, business or legal changes with regards to us that affect the Services; 
        2. amendments to law which affect the Services;
        3. changes in the Website’s functionalities. 
      2. Each time these Terms and Conditions are amended, you will be informed by email sent to the address you specified. The changes will be effective no earlier than 7 days after the User has been informed of these changes, unless the User accepts the wording of the amended Terms and Conditions earlier.
      3. The notice period referred to in section 16.2 may be shorter it:
        1. the change is caused by an amendment to the generally applicable legislation and the time between the publication of the act and its entry into force is less than than 7 days;
        2. the change is caused by a decision of a public authority or a judgement of a court of law, which requires the amendment to be made within less than 7 days.
      4. These Terms and Conditions, as well as any agreement entered into between us and Users, are governed by the Swiss law, excluding any conflict of law rules.
      5. Any disputes between us and the Users shall be settled by mediation or other way of out-of-court dispute resolution. If we are unable to reach an agreement, any disputes that may arise in connection with these Terms and Conditions shall be submitted to the competent courts of Zug, Switzerland.
      6. We inform you that we do not use alternative methods of settling disputes with Consumers, unless it’s expressly required by applicable law. It means that we do not agree to participate and we are not obliged to participate in this kind of proceeding. Also we inform you that the European Commission runs a platform for out-of-court complaints and redress. The platform is available at the following link: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=EN.

        These Terms are effective as of the date 2024-03-06.