Terms of MC-Capital GmbH
§ 1 Area of Effect
(1) The following Terms and Conditions (TaC) affect all contracts made via McO Business Center and deals closed with McO Business Center, located at Johann-Seifried-Ring 1, 8054 Graz Pirka.
(2) All laws to protect consumers are in effect here, especially the “Fernabsatz- und Auswärtsgeschäftegesetz” (FAGG), such as the conditions of the Austrian Consumer-Protection-Act.
(3) The customer can read these TaC before closing any deal with McO Business Center. They can always save them on a portable (electronic) device or have them printed out.
(4) McO Business Center and the customer agree that the transfer of Bitcoins is initiated immediately after the contract is signed.
§ 2 Objective of Contract
(1) Objective of the Contract in this case is the sale of Bitcoins (BTC) via the customer or the McO Business Center. Please note that there is a direct transaction between peers. There is no central entity that controls or follows these transaction – this means that once the deal is closed, no BTC can be wired back the way it is possible with a bank transaction.
(2) BTC can be sent and received around the globe. Every BTC unit is unique and cannot be faked.
(3) The BTC is transferred to a BTC-address, which the customer must provide and is managed by the customer’s Wallet. McO Business Center has no influence over the customer’s Wallet and its security. This means the customer must secure his own Wallet via decryption or secure safety backups.
§ 3 Ordering and Closing of Deals
(1) By giving out their personal information the customer agrees to the TaC and the (verbal) request for sale of BTC acts as final agreement to the terms via McO Business Center (the same goes for the exchange from BTC to money). The customer must provide the money (Euro) needed to buy the specific amount of BTC or provide the BTC in exchange for a certain amount of money (Euro). The customer has every right to edit or cancel his order with McO Business Center at any time before closing the deal.
(2) The verbal request by the customer and the following clicking of the button “buy now” or “sell Bitcoins” by a McO Business Center employee finalizes the deal, which is closed by the transaction of BTC to their Wallet or their value in money (Euro) onto a bank account.
(1) After finalizing the transfer McO Business Center agrees to send the BTC to the customer within no more than 30 minutes to the BTC-address the customer provided. The transaction fee is 3,6% from the before tax amount on the receipt.
(2) When the customer is selling BTC to McO Business Center the money is transferred (see § 4 (3)) to the given bank account number or given out in cash.
(3) Only the current price for BTC at the time the employee clicks “buy bitcoins” is valid. That price represents the current BTC price for the sale of BTC.
(4) McO Business Center reserves the right to deny any customer service, without having to provide a reason.
(5) Costs of financial institutes (e.g.: Fees for bank transactions or booking lines) are to be paid by the customer.
(6) The customer agrees to check the BTC-address before finalizing the transaction. If the transaction should go to a wrong BTC-address McO Business Center cannot refund the BTC and is not liable.
(7) For definite proof of transaction, a Transaction-ID for the BTC-transaction is publicly available under https://blockchain.info/
(8) The BTC-transaction fee (“mining fee”) is included in the 3,6% fees on the receipt.
(9) The customer agrees that McO Business Center has no influence over the BTC-network and cannot speed up the validation process.
(10) McO Business Center views all transactions as final and closed as soon as they show up in the BTC-network, no matter if money has been exchanged for BTC or the other way around.
(11) The customer agrees to use the BTC bought at McO Business Center only for legal transactions in the future and to pay any and all eventual Income- or Gambling Taxes to their respective tax authorities.
§ 5 Right of Withdrawal with BTC sales contracts
The seller has no influence over price fluctuations. After the regulations of the FAGG a consumer cannot withdraw from a contract for that reason. Respective warranty claims are invalid.
The regulations concerning withdrawal ( § 5) are valid for both transactions in BTC and money.
The customer agrees to have read the TaC and knows about the regulations concerning withdrawal.
McO Business Center keeps a record of all closed deals recording the TaC in a permanent file on hand (usually an email).
§ 6 Disclaimer
(1) There is no liability for McO Business Center. Only in cases of reckless endangerment by McO Business Center or acting third parties in knowledge and under supervision of McO Business Center if there was damage to a customer. This does not cover harm on life or health of a person.
There is no liability in case of data loss when McO Business Center could not have prevented it in any way. This refers to all damage that was caused by unexpected events, especially network failure, damage to an electronic device or via criminal intent by external third parties.
(2) Liability for McO Business Center is limited to the respective value of transaction.
(3) McO Business Center and all affiliated businesses take over no responsibility and liability for the accuracy of all data given on the website or the services provided to the customers. A customer cannot claim warranty from McO Business Center and/or their affiliations (such as/or due to network connectivity issues; faulty, late, or manipulated file transactions), so far as there was no intentional or negligent behavior. McO Business Center cannot be held accountable for the utilized payment provider. McO Business Center cannot be held accountable for the function or availability of the website. The customer agrees that a full availability of the website cannot be guaranteed by McO Business Center. McO Business Center retains all rights to take down the site for maintenance, due to capacity
or due to external or technical reasons. It can limit availability for a limited or unlimited time, no matter if the reason is internal or external.
(4) The customer agrees that if security certificates are being offered, no full security can be guaranteed with the current technological and functional status quo.
§ 7 Data Protection
McO Business Center does not share your data with third parties in any way.
§ 8 Declarations
Messages and declarations are to be sent to McO Business Center, Johann-Seifried-Ring 1, 8054 Seiersberg Pirka, firstname.lastname@example.org More details and information on McO Business Center under www.mc99.com
§ 9 Final regulations
(1) If some regulations of the TaC are invalid, the rest of regulations stays intact and is not effected by that. The invalid regulation should be exchanged for a valid regulation that is fitting for the intentions of both parties of the contract.
(2) The TaC follow Austrian laws under exclusion of its reference provisions. The UN convention on the international sale of goods cannot be used here. All litigation concerning these terms and conditions are to be directed to the Court of Graz or the court of residence for the customer.