Pre-contractual information according to § 312d para. 2 BGB i.V.m. Art. 246b EGBGB
This pre-contractual information has been prepared by Bankhaus von der Heydt GmbH & Co. KG ("BvdH") and contains the information required pursuant to Section 312d (2) BGB in conjunction with Article 246b EGBGB.
Consumers may acquire vouchers for the acquisition of cryptocurrencies via the platform operated by CGift AG (hereinafter "CGift") at www.cgift.io, redeem such vouchers and resell the cryptocurrencies acquired in the process. BvdH will acquire cryptocurrencies via digital trading venues in its own name but for the account of the consumer and resell them if necessary. In addition, BvdH will hold the cryptocurrencies acquired for the customer in a cryptographic wallet ("Digital Safe Deposit Box") created for the customer. The crypto custody will be offered to the customers free of charge. The acquisition and sale of cryptocurrencies is a financial service in the form of financial commission business.
Bankhaus von der Heydt GmbH & Co. KG
Widenmayerstraße 3, 80538 Munich, Germany
München HRA 85543
Thomas Damschen, Philipp Doppelhammer (jointly)
Main business activity, supervision
BvdH is a fully regulated credit institution under the supervision of the German Federal Financial Supervisory Authority ("BaFin"). BvdH holds, inter alia, a licence for financial commission business (section 1 para. 1 sentence 2 no. 4 KWG) and a provisional licence for crypto custody pursuant to section 64y para. 1 KWG.
2 Information on the financial service
2.1 Key features of the financial service
Via the platform operated by CGift, consumers have the opportunity to purchase vouchers from BvdH for the acquisition of cryptocurrencies, to redeem these vouchers and, if applicable, to have the cryptocurrencies acquired in the process subsequently resold by BvdH. BvdH will purchase or sell cryptocurrencies in its own name but for the account of the customer. In addition, BvdH will securely store the cryptocurrencies purchased by customers via voucher redemption in Digital Lockers. The customer does not know either the private key or the public key.
2.2 Special risks
The financial services of BvdH relate to cryptocurrencies which, due to their specific characteristics and the operations to be carried out, are subject to special risks and whose price is subject to fluctuations in the financial market over which BvdH has no influence. Earnings generated in the past are no indicator for future earnings. Further information can be found in the document Risk Factors.
2.3 Formation of contracts
The conclusion of the contract for the custody of cryptocurrencies by BvdH in a Digital Safe Deposit Box takes place after the registration of the customer on the platform when acquiring cryptocurrencies by voucher redemption. The Client will agree to these custody conditions prior to the custody.
In this context, CGift shall act as receiving messenger for BvdH in that CGift shall accept offers from the Customer to conclude financial commission transactions or crypto custody agreements, confirm receipt of the offer to the Customer and forward the offers to BvdH.
BvdH decides independently which offers are accepted from customers. There is no claim to the conclusion of a contract. BvdH may reject customers without giving reasons at its own discretion.
2.4 Total price
For the purchase of the voucher the customer pays the amount in Euro chosen by him (voucher value) in the amount of its issue value. In addition to the value of the goods selected by the customer for the voucher, the following charges shall apply:
- For each voucher purchase, the customer pays a purchase fee of a fixed EUR amount.
- When redeeming the voucher, the customer redeeming the voucher pays a percentage fee related to the redeemed voucher value ("redemption fee"). The redemption fee is deducted from the voucher value when the voucher is redeemed, i.e. the customer receives the cryptocurrencies in the value of the voucher minus the fee.
- When cryptocurrencies are sold by BvdH, the customer pays a percentage fee related to the proceeds generated by the sale of the cryptocurrencies ("profit fee"). The sales fee is deducted from the proceeds of the sale, i.e. the customer receives the proceeds of the sale less the fee.
The applicable amount of the fees can be found in the current service and price list of BvdH and will be displayed to the customer before each voucher purchase, each voucher redemption and each sale of cryptocurrencies on the platform as part of the sales process. BvdH will pass on all fees collected to CGift. BvdH will in turn receive payments for its services directly from CGift.
Crypto custody is free of charge for the customer.
Own costs, for example for internet usage or telephone calls, are to be paid by the customer.
Insofar as a customer makes profits from the purchase and sale of cryptocurrencies, these may be subject to taxation by the customer. In case of questions regarding personal and factual tax liability, the customer should contact the tax office responsible for him.
2.6 Payment and fulfilment
2.6.1 For the making of payments by the Customer, BvdH has engaged the payment service provider Secupay AG, which will provide the Customer with various payment options.
2.6.2 After full payment the customer will receive the digital voucher sent to the e-mail address provided by him.
2.6.3 When redeeming the voucher via the platform, the Customer acquires cryptocurrencies for the equivalent value of the voucher (less retained fees). The cryptocurrencies shall be allocated by BvdH to a Digital Safe Deposit Box set up for the Customer and held in custody by BvdH.
2.6.4 In case of the sale of cryptocurrencies of the customer, BvdH will pay the proceeds of the sale in Euro to the IBAN indicated by the customer (minus retained fees) by bank transfer.
3. Information about the contractual relationship
3.1 Term of the contract
The contracts for the purchase of vouchers, the redemption of vouchers and the sale of cryptocurrencies do not involve any permanent or recurring performance, which is why there is no term.
The crypto custody contract runs for an indefinite period.
3.2 Contractual termination conditions
If the Client logs off from CGift's platform and terminates his Client Account, the Crypto Custody Agreement shall end. The Customer may also terminate only the Crypto Custody Agreement with BvdH at any time via the Platform by pressing the button "Termination Crypto Custody". In such a case, the customer can choose whether BvdH should sell the cryptocurrencies held in custody for the customer subject to the GTC Financial Commission or alternatively transfer them to a wallet (public key) specified by the customer.
BvdH may terminate the crypto custody agreement at any time with a notice period of 3 months. The notice of termination has to be made in text form (for example by e-mail or letter) to the customer. In this case, the customer can also choose whether BvdH should sell the cryptocurrencies held in custody for the customer or alternatively transfer them to a wallet (public key) specified by the customer.
The right to terminate for cause remains unaffected. An important reason entitling BvdH to terminate is in particular if the cooperation relationship - for whatever legal reason - is terminated with CGift, in case of ongoing operational disruptions due to force majeure beyond the control of BvdH, such as natural disasters, fire or network failure through no fault of BvdH; repeated, serious violations by the customer of the obligations of the Custody Terms and Conditions. BvdH is also entitled to extraordinary termination if BvdH is no longer able to offer custody of cryptocurrencies due to legal or due to official or judicial orders and requirements. If BvdH ceases its business operations, the crypto custody agreement shall end.
3.3 Applicable law
The form and content of the contractual relationship between the customer and BvdH as well as the rights and obligations of the contracting parties shall be governed in all respects by German law to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). If the customer is a consumer in the sense of § 13 BGB (German Civil Code) and does not have a place of residence in the Federal Republic of Germany, the contractual relationship shall be governed by the law of the Federal Republic of Germany to the exclusion of the CISG, unless mandatory provisions of the law of the country in which the customer has his habitual residence provide otherwise.
3.4 Competent court
If the customer does not have a general place of jurisdiction in Germany or in another EU member state, or if he is a merchant or a legal entity under public law, or if he moves his permanent place of residence abroad after these terms and conditions for consumers have become effective, or if his place of residence or usual place of abode is unknown at the time the action is brought, the exclusive place of jurisdiction for all disputes arising from this contract shall be the registered office of BvdH.
3.5 Language of contract terms and communication
The information documents are written in German. Translations are always non-binding; only the German version is authoritative. Communication between consumers and BvdH is offered in German.
3.6 Out-of-court complaint and redress procedure
Without prejudice to their right to appeal to the courts, customers may appeal to a private consumer arbitration board recognised by the Federal Office of Justice (BfJ) for these disputes. One such body is the consumer arbitration board "Ombudsman of Private Banks", in whose dispute resolution procedure BvdH participates. In the event of disputes, they can turn to this. The complaint must be made in text form (e.g. by letter, fax or e-mail) to the Customer Complaints Office at the Bundesverband deutscher Banken e. V:
P.O. Box 04 03 07
Fax: (030) 1663-3169
The European Commission also provides an online dispute resolution platform (ODR platform), which customers can access at http://www.ec.europa.eu/consumers/odr. The ODR platform can be used by a consumer for the out-of-court settlement of a dispute arising from online contracts with a company established in the EU.
3.7 Guarantee fund and other compensation schemes
There is no guarantee fund, compensation scheme or other system to secure the investment amounts of the creditors for the present offer.
4. Period of validity
There is no time limit on the validity of these terms and conditions.
5. Provision in paper form
At any time during the term of the crypto custody agreement, the customer may request BvdH to provide him with the terms and conditions of the agreement including the general terms and conditions in paper form.
6. Right of withdrawal
BvdH will instruct the customer in the following on the basis of the model according to article 246b § 2 paragraph 3 EGBGB in connection with appendix 3 EGBGB.
Right of revocation
You may revoke your contractual declaration within 14 days without stating reasons by means of a clear declaration. The period begins after receipt of this instruction on a durable data medium, but not before conclusion of the contract and also not before fulfilment of our duty to inform according to Article 246b § 2 paragraph 1 in conjunction with Article 246b § 1 paragraph 1 EGBGB. To comply with the revocation period, it is sufficient to send the revocation in good time if the declaration is made on a durable data medium (e.g. letter, fax, e-mail). The revocation is to be sent to:
Bankhaus von der Heydt GmbH & Co. KG Widenmayerstraße 3,
Consequences of revocation
In the event of an effective revocation, the services received by both parties must be returned. You are obliged to pay compensation for the value of the service provided up to the time of revocation if you were made aware of this legal consequence before submitting your contractual declaration and expressly agreed that we should commence with the performance of the service in return before the end of the revocation period. If there is an obligation to pay compensation for lost value, this may mean that you still have to fulfil the contractual payment obligations for the period until the revocation. Your right of withdrawal expires prematurely if the contract has been completely fulfilled by both parties at your express request before you have exercised your right of withdrawal. Obligations to refund payments must be fulfilled within 30 days. The period begins for you with the dispatch of your notice of cancellation and for us with its receipt.
Upon revocation of this contract, you are also no longer bound to a contract related to this contract if the related contract concerns a service provided by us or a third party on the basis of an agreement between us and the third party.
End of the cancellation policy
However, a right of withdrawal does not exist with regard to declarations of intent by the customer that are directed towards the purchase or sale of cryptocurrencies because the price of cryptocurrencies is subject to fluctuations on the financial market.