TERMS AND CONDITIONS

GENERAL TERMS AND CONDITIONS FOR BUYING AND SELLING ASSETS

These General Terms and Conditions of Sale and Purchase (“GTC”) define the conditions under which DGB Global Capital offers, through its website and associated interfaces, transactions involving certain assets, including precious metals and, where permitted by applicable regulations, crypto-assets.

These GTC apply to users who have opened an account with DGB Global Capital and wish to carry out a transaction involving the purchase, sale, or, where this service is offered, the conversion of assets.

1. DEFINITIONS

Asset Purchase: A transaction by which a Client requests DGB Global Capital to acquire an Asset offered on the Website.

To be processed, a Purchase request must include, in particular:

The designation of the Asset concerned;
The amount in euros that the Client wishes to allocate to the transaction;
Where applicable, the indication of the applicable or estimated Commissions and Fees;
The use of an accepted payment method belonging to the Client;
Validation of the payment and the transaction by DGB Global Capital and, where necessary, by the institutions or service providers involved in processing the transaction.

When Funding must be provided by bank transfer. DGB Global Capital will provide the Client with the necessary details and instructions for making the payment. The transfer must originate from a bank account opened in the Client’s name at an authorized institution and, where required, comply with applicable SEPA regulations.

When a payment in crypto-assets is accepted, it must be made from a wallet or account belonging to the Client and in accordance with the instructions provided by DGB Global Capital. The transaction is considered received after sufficient confirmation of the transaction on the relevant network or by the payment provider used.

A Purchase request that is not finalized, paid for, or insufficiently paid within the specified timeframe may be considered expired and the transaction will not be executed.

Unless otherwise expressly agreed, the final price applicable to the Purchase is the price determined at the time the transaction is executed. DGB Global Capital therefore does not guarantee, unless specifically agreed otherwise, that an order will be executed at a predetermined price.

DGB Global Capital may suspend or cancel a transaction when payment instructions are not followed, particularly in the event of a missing or incorrect reference, an amount different from that requested, a non-compliant payment method, or failure to comply with verification procedures.

DGB Global Capital may also modify the list of offered assets as well as the minimum or maximum amounts applicable to certain transactions, subject to disclosure obligations and applicable mandatory rules.

DGB Global Capital cannot be held liable for any inability to execute a transaction resulting in particular from a Force Majeure event, technical unavailability, a network or external service provider failure, or a decision by a banking or payment institution. or an error attributable to the Client.

Contract: agreement concluded between DGB Global Capital and a Client with a valid Client Account, relating to a specific transaction involving the purchase, sale, or conversion of Assets.

Compensation of a Purchase: The process by which DGB Global Capital acquires, directly or through a service provider or platform, the Asset corresponding to the Client’s transaction, in accordance with the applicable terms and conditions.

Compensation of a Sale: The process by which DGB Global Capital disposes of the Asset sold by the Client, directly or through a service provider or platform, and calculates the corresponding consideration.

Price: The reference value of an Asset expressed in euros or another applicable unit of account. Where relevant, the Price may be determined from market data from several sources or platforms selected by DGB Global Capital. The price may change at any time depending on market conditions.

Asset: any good, instrument, precious metal, or crypto-asset that may be offered for purchase, sale, or conversion by DGB Global Capital, depending on the services available and the applicable regulatory framework.

Terms and Conditions: these General Terms and Conditions of Purchase and Sale.

Client: any individual of legal age or legal entity that has opened a Client Account and whose identity and required information have been verified in accordance with applicable procedures.

Commission: any remuneration charged by DGB Global Capital for a transaction or service provided.

Client Account : A personal account allowing the Client to access the services offered by DGB Global Capital. Access is protected by personal login credentials. The Client is responsible for maintaining the confidentiality of their login credentials and must inform DGB Global Capital as soon as possible of any unauthorized use of their account.

Validated Client Account: an account whose opening has been confirmed by DGB Global Capital after completion of identity, compliance, and, where applicable, due diligence checks.

DGB Global Capital may suspend or close an account when necessary to comply with its legal or regulatory obligations, in the event of insufficient or inconsistent information, suspected fraud, non-compliance with these Terms and Conditions, or behavior incompatible with the normal operation of the service.

Technical Failure: a technical event beyond the reasonable control of DGB Global Capital resulting in, among other things, the temporary unavailability of the Website, a network, IT infrastructure, or an essential service provider to the execution of a transaction.

Force Majeure: an event meeting the criteria established by applicable regulations and case law that prevents or delays the performance of an obligation.

IBAN: International Bank Account Number.

KYC: Know Your Customer procedure, including verification of identity, residence, business activity, and, where required, the origin of funds or assets.

AML/CFT: anti-money laundering and counter-terrorist financing framework applicable to the activities concerned.

Party: refers individually to DGB Global Capital or the Client, and collectively to both.

Personnel: employees, managers, agents, consultants, service providers, or other persons acting on behalf of DGB Global Capital in connection with the services offered.

Wallet: physical device, software, or service enabling, depending on its nature, the storage, receipt, sending, or management of crypto-assets using cryptographic mechanisms.

Client Questionnaire: questionnaire used to collect the information necessary for understanding the Client, assessing risks, and ensuring compliance.

Terms and Conditions: these General Terms and Conditions of Purchase and Sale.

Client: any individual of legal age or legal entity that has opened a Client Account and whose identity and required information have been verified in accordance with applicable procedures.

Commission: any remuneration charged by DGB Global Capital for a transaction or service provided.

Validated Client Account: an account whose opening has been confirmed by DGB Global Capital after completion of identity, compliance, and, where applicable, due diligence checks.

Force Majeure: an event meeting the criteria established by applicable regulations and case law that prevents or delays the performance of an obligation.

IBAN: International Bank Account Number.

KYC: Know Your Customer procedure, including verification of identity, residence, business activity, and, where required, the origin of funds or assets.

AML/CFT: anti-money laundering and counter-terrorist financing framework applicable to the activities concerned.

Party: refers individually to DGB Global Capital or the Client, and collectively to both.

Personnel: employees, directors, agents, consultants, service providers, or other persons acting on behalf of DGB Global Capital in connection with the services offered.

Wallet: a physical device, software, or service that, depending on its nature, allows the storage, receipt, sending, or management of crypto-assets using cryptographic mechanisms.

Client Questionnaire: A questionnaire used to gather the information necessary to understand the Client, assess risks, and ensure compliance with obligations.

Transaction: A Client’s purchase, sale, or conversion of an asset.

Asset Sale: A transaction in which the Client requests the transfer of an asset offered for repurchase by DGB Global Capital.

The Sale Process includes, in particular:

Identifying the asset and the quantity involved;
Providing the Client with an estimate of the consideration, when it can be determined;
Validating the transaction by the Client;
the actual receipt of the Asset in accordance with the instructions provided;
the completion of the sale and the calculation of the net amount due to the Client after deduction of any Commissions and Fees.

Unless otherwise specifically agreed, the Sale price is determined at the time of the actual execution of the transaction and may differ from any previously communicated estimate.

2. GENERAL PROVISIONS

These General Terms and Conditions govern Purchase, Sale, and, where available, Conversion transactions carried out through the DGB Global Capital Website.

They constitute the contractual framework applicable to Transactions carried out on the Website, subject to mandatory legal provisions, any applicable specific conditions, and contractual documents expressly accepted by the Client.

The information, illustrations, photographs, descriptions, and price indications published on the Website are subject to change and do not constitute, unless otherwise stated, a definitive contractual commitment before validation of the Transaction.

Assets are offered under the conditions displayed or communicated to the Client at the time of the Transaction and, where applicable, within the limits of the availability.

3. APPLICATION AND ENFORCEABILITY OF THE GENERAL TERMS AND CONDITIONS

These General Terms and Conditions are accessible on the Website and may be provided to the Client electronically.

Before any first Transaction, the Client must read these General Terms and Conditions and accept them using the mechanism provided for this purpose on the Website.

Confirmation of a Transaction implies acceptance of the General Terms and Conditions applicable on the date of that Transaction.

DGB Global Capital retains, in accordance with applicable obligations, the information necessary to establish the essential characteristics of the Transactions carried out.

4. RULES APPLICABLE TO TRANSACTIONS

4.1. Remote Transactions

Online transactions are carried out via the Website or the interface provided by DGB Global Capital.

To be valid, a transaction must be carried out from a validated and unsuspended Client Account.

Communication with the Client may take place via email, telephone, or through the support tools offered by DGB Global Capital.

The creation and validation of the Client Account are subject to the procedures outlined on the Website.

DGB Global Capital may suspend access to the services or refuse a Transaction when necessary for reasons of compliance, security, suspected fraud, use of a payment method belonging to a third party, non-compliance with the Terms and Conditions, or threatening or abusive behavior.

Access to the services may also be temporarily suspended in the event of Force Majeure, Technical Failure, or when continuing the service is likely to compromise the safety of Clients, Staff, or infrastructure.

4.2. Opening a Client Account

The Client Account is personal. Access credentials must not be shared or made available to any third party.

When opening an account, the Client provides the information and documents necessary to verify their identity and assess their situation.

For an individual, this information may include:

First and last name;

Date and place of birth;

Nationality;

Residential address;

Email address;

Telephone number;

Valid official identity document;

Proof of residence when required;

Any additional information necessary for compliance procedures.

justify;”>For a legal entity, additional information may be requested, including:

- Company identification and registration number;
- Registered office address;
- Articles of association or equivalent document;
- Identity and supporting documents of the legal representative;
- Identity of the beneficial owners;
- Documents relating to the company’s business activities;
- Bank details of the legal entity.

DGB Global Capital may request any additional document necessary for the analysis of the file or the execution of a Transaction.

A Client may not use a payment method or account belonging to a third party when such use is incompatible with compliance procedures or applicable rules.

4.3. Modification or Cancellation of a Transaction

A transaction that has already been executed may no longer be able to be modified or cancelled due to its nature or its execution on an external market or network.

Any request for modification or cancellation must therefore be submitted before the transaction is actually executed. DGB Global Capital does not guarantee that a request received after validation will be taken into account.

4.4. Right of Withdrawal

When a transaction involves an asset or service whose price depends on fluctuations in the financial market beyond the control of the professional and likely to occur during the legal withdrawal period, the right of withdrawal may be excluded under the conditions provided for by the applicable regulations.

When the regulations provide for a right of withdrawal for a specific transaction, this right remains applicable under the conditions and within the limits provided for by the applicable laws.

5. LANGUAGE OF THE TERMS AND CONDITIONS

These Terms and Conditions are written in French. A translation into English or another language may be provided for informational purposes.

In the event of any discrepancy between the French version and a translation, the French version shall prevail, subject to any mandatory rules that may apply.

6. MODIFICATION OF THE TERMS AND CONDITIONS

DGB Global Capital may amend these Terms and Conditions to take into account, in particular, regulatory, technical, commercial, or operational developments.

The new Terms and Conditions shall apply to Transactions carried out after their entry into force.

When required by law, the Client is informed of any changes in accordance with the applicable regulations.

The version applicable to a Transaction is the one in effect at the time of its validation, subject to mandatory legal provisions.

7. SEVERABILITY

If any provision of these Terms and Conditions is declared invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect to the extent permitted by law.

The Parties shall endeavor, where possible, to replace the invalid or unenforceable provision with a valid provision that produces an economic and legal effect as close as possible to the original intent.

8. RISK FACTORS

Investments and transactions involving Assets may carry varying levels of risk depending on their nature. Clients should familiarize themselves with the characteristics and risks specific to each Asset before executing a Transaction.

Volatility: Certain Assets, particularly some crypto-assets, can experience significant price fluctuations in a very short period. A significant decrease, or even a substantial loss, of invested capital is possible.

Market Risk: The price of an asset depends on numerous factors, including supply and demand, economic conditions, interest rates, the regulatory environment, liquidity, and market conditions.

Liquidity Risk: Some assets may be more difficult or take longer to sell under certain market conditions. The price obtained upon resale may also differ from the price previously observed.

Technological Risk: Crypto-asset transactions may depend on computer networks, blockchain protocols, platforms, technical service providers, and custody systems. An interruption or failure may affect the execution of a transaction.

Custody Risk: When the Client directly holds their crypto-assets in their own wallet, the protection of private keys and access methods is their responsibility. The loss or compromise of a private key may result in the permanent loss of the assets in question.

Regulatory Risk: The legal framework applicable to the Assets may change. Certain operations may be limited, suspended, or subject to new regulatory requirements.

Counterparty Risk: When the execution of a Transaction involves a bank, payment provider, platform, or other intermediary, their failure may affect the processing of the transaction.

DGB Global Capital does not guarantee the price movement of an Asset, its liquidity level, or the absence of losses.

Before any Transaction, the Client must ensure that the proposed transaction is suitable for their situation, objectives, and ability to bear the associated risks.

9. NO INVESTMENT ADVICE

Unless specifically stipulated in the contract and subject to the services actually authorized and offered by DGB Global Capital, the information provided in connection with transactions does not necessarily constitute personalized investment advice.

The Client remains responsible for their decisions and should, when deemed necessary, seek the advice of an independent professional before carrying out a Transaction.

When DGB Global Capital does provide a regulated advisory or management service, this service is performed within its own contractual and regulatory framework.

10. FEES AND COMMISSIONS

10.1. Price Information

The price indications available on the Website correspond to market information or prices offered under the conditions displayed at the time of consultation.

The final price applicable to a Transaction is that determined at the time of its execution, unless a fixed price or a guaranteed price mechanism has been expressly accepted by DGB Global Capital.

10.2. Commission Calculation

Applicable Commissions and Fees are presented to the Client before final Transaction confirmation when technically and legally required.

Depending on the nature of the transaction, fees may include a proportional commission, fixed fees, a trade margin, processing fees, or fees related to specific services.

The final applicable amount is that shown to the Client at the time of confirmation or determined in accordance with the applicable contractual terms.

Where stipulated in the terms and conditions, certain Commissions may vary based on the Client’s transaction volume or history, subject to applicable rules.

10.3. Taxation and VAT

Tax treatment and, where applicable, VAT treatment depend on the nature of the asset, the transaction carried out, the client’s status, and the applicable legislation.

DGB Global Capital does not provide personalized tax advice, except as specifically offered. It is the client’s responsibility to verify the tax regime applicable to their situation with a qualified professional.

11. ASSET OFFER

11.1. Service Recipients

The services offered by DGB Global Capital are available to Clients who meet the applicable eligibility and compliance requirements.

Certain asset classes or services may be unavailable in certain countries or to certain client classes due to regulatory, commercial, or technical constraints.

11.2. Availability of Offerings

The assets offered are available subject to availability, operational capacity, or applicable market conditions.

DGB Global Capital may modify, suspend, or withdraw an offering when necessary, particularly due to market developments, supply constraints, regulatory restrictions, or the availability of the relevant service providers.

12. CONTRACT

12.1. Formation of the Contract

The Contract for a Transaction is formed when the conditions necessary for its execution are met, including validation of the Client Account, acceptance of the Transaction, payment when required, and validation of the transaction by DGB Global Capital.

For an Asset Sale, the Contract is formed when the Client has validated the transaction and the relevant Assets have been received in accordance with the instructions provided.

12.2. Evidence

Electronic records, transaction confirmations, email exchanges, account histories, and documents retained in accordance with applicable obligations may serve as proof of transactions carried out.

The Client agrees that electronic documents may be used as evidence, subject to the legal rules relating to their probative value.

13. TERMINATION OF CONTRACT

13.1. At the Client’s Initiative

When permitted by applicable regulations or contractual terms, the Client may request the cancellation or termination of a transaction that has not yet been executed.

A transaction already executed on a market, blockchain, or with a third party may no longer be able to be canceled.

13.2. At the initiative of DGB Global Capital

DGB Global Capital may suspend or terminate a Transaction, particularly in the following situations:

Inconsistency or insufficiency of the Client’s identification information;

Suspicion of fraud or unlawful use of the service;

Use of a payment method belonging to a third party without acceptable justification;

Non-payment or insufficient payment;

Failure to comply with compliance procedures;

Expiry of the validity period of a Transaction request;

Occurrence of an event legally or technically preventing its execution;

Request from a competent authority or regulatory obligation.

14. PAYMENT METHODS

The available payment methods are those indicated to the Client at the time of the Transaction.

DGB Global Capital may modify the accepted payment methods based on technical or regulatory constraints, or the services offered by its providers.

Payments must be made using a payment method belonging to the Client when this condition is required by compliance procedures.

DGB Global Capital may postpone the execution of a Transaction until final confirmation of payment.

15. TRANSACTION LIMITS

For security, risk management, compliance, or operational reasons, DGB Global Capital may apply limits to the amounts or number of transactions that can be executed.

These limits may be daily, weekly, monthly, or specific to an asset or transaction type.

The applicable conditions may change depending on the client’s profile, the level of due diligence performed, and regulatory requirements.

For any questions regarding applicable limits, clients can contact customer support at support@dgb-global-capital.com.

16. COMBATING FRAUD AND VERIFICATION OF PAYMENT METHODS

DGB Global Capital may carry out the necessary checks to verify the Client’s identity, the ownership of the payment method used, and the consistency of the information provided.

These checks may include, when necessary, requesting proof of identity, proof of address, bank details, or documents to substantiate the origin of funds or assets.

When payment by bank card is offered, transactions may be subject to the authentication and security mechanisms imposed by the payment networks and service providers concerned, including strong customer authentication where applicable.

17. LIABILITY AND LIMITATION OF LIABILITY

DGB Global Capital implements reasonable measures to ensure the availability and security of its services. However, its liability cannot be invoked when non-performance or delay results from an external event, unforeseeable or beyond its control, or from a fault attributable to the Client.

The following may be affected:

- Errors or omissions by the Client;
- Fraudulent or unauthorized use of the Client’s credentials when this results from a breach by the Client of its security obligations;
- Failures of communication networks or external infrastructure;
- Interruptions or malfunctions of external platforms or service providers;
- Fluctuations in the price of Assets;
- Regulatory changes;
- Events of Force Majeure.

The Client remains responsible, in particular, for the confidentiality of its Usernames, passwords, private keys, and access credentials to their personal wallets.

DGB Global Capital cannot be held liable for the loss of any crypto-asset resulting from the Client’s disclosure of their private key, recovery phrase (“seed phrase”), usernames, or any other element allowing access to their personal wallet.

When Assets are transferred to a wallet address provided by the Client, the Client is responsible for the accuracy of that address. A correctly executed blockchain transaction to an incorrect address can be irreversible.

DGB Global Capital does not guarantee the stability or evolution of the Assets’ prices, nor the absence of capital loss.

When a guaranteed price service is expressly offered and accepted, the specific conditions of this guarantee are defined before the Transaction is validated.

Deposit Guarantee: No provision of these Terms and Conditions shall be interpreted as automatically granting the Client a guarantee from the Deposit Guarantee and Resolution Fund or an equivalent mechanism. The potential eligibility of funds held with a banking or financial institution depends on the nature of the funds, the institution concerned, and the applicable legal conditions.

18. TERMINATION CLAUSE

In the event of a serious or repeated breach by the Client of its contractual obligations, DGB Global Capital may suspend or terminate the contractual relationship under the conditions provided by law.

Where possible, the Client will be informed of the action taken by email to the address associated with their Client Account.

Suspension or termination measures taken to comply with a legal or regulatory obligation or a request from a competent authority may be implemented without delay when permitted or required by law.

19. INTELLECTUAL PROPERTY AND TRADEMARKS

The Website, its architecture, text, photographs, illustrations, graphic elements, logos, trademarks, interfaces, and content are protected by applicable intellectual property laws.

Unless prior written authorization is obtained from DGB Global Capital or otherwise provided by law, any reproduction, representation, modification, adaptation, distribution, or exploitation of all or part of these elements is prohibited.

Rights relating to trademarks, logos, or content belonging to third parties remain the property of their respective owners.

20. PERSONAL DATA

DGB Global Capital processes personal data necessary for the creation and management of accounts, the execution of transactions, the security of services, compliance with legal and regulatory obligations, and customer relationship management.

Depending on the purpose of the processing, it may be based on the performance of a contract, compliance with a legal obligation, the legitimate interest of the data controller, or, where necessary, the consent of the data subject.

Certain data may be disclosed to service providers, financial institutions, technical service providers, or authorities when such disclosure is necessary for the performance of services or required by regulations.

Data subjects have rights, under the conditions provided for by the GDPR and applicable regulations, including the right of access, rectification, objection, limitation, erasure and, where the conditions are met, portability.

Any request relating to personal data can be sent to contact@dgb-global-capital.com.

Data is kept for periods appropriate to the purposes pursued and applicable legal obligations. In financial matters and anti-money laundering, certain data may have to be kept for the period required by regulations.

21. RIGHT TO ERASURE (“RIGHT TO BE FORGOTTEN”)

Any data subject may exercise their right to erasure of their personal data under the conditions set out in the GDPR and applicable regulations.

However, this right is not absolute. Erasure may be refused or limited, in particular, when the retention of data is necessary for compliance with a legal obligation, for the prevention or detection of fraud, for combating money laundering and terrorist financing, for the establishment, exercise or defense of legal claims, or for any other reason provided for by law.

The CNPD (National Commission for Data Protection) specifically reminds users that the right to erasure does not apply when processing remains necessary for compliance with a legal obligation or for the establishment, exercise or defense of legal claims.

All applications are reviewed in accordance with applicable rules and may require prior verification of the applicant’s identity.

22. APPLICABLE LAW AND JURISDICTION

These General Terms and Conditions are governed by the law applicable to the contractual relationship, subject to any mandatory protective provisions that may apply to the Customer due to their residence or status as a consumer.

In the event of a dispute, the Parties are encouraged to first seek an amicable solution.

If an amicable solution cannot be reached, the dispute will be submitted to the competent courts in accordance with the applicable rules of territorial jurisdiction.

No provision of this article may deprive a consumer of the mandatory rights they enjoy under the applicable legislation.

23. CUSTOMER SERVICE

For any questions relating to the use of the Website, the operation of a Customer Account, or a Transaction, the Customer can contact DGB Global Capital customer service at the following address:

support@dgb-global-capital.com

Customer service may request additional information from the Customer to verify their identity before disclosing certain information relating to their account or Transactions.

24. PHOTOGRAPHS AND ILLUSTRATIONS

The photographs, illustrations, product representations, and visuals published on the Website are for informational purposes only and may not exactly reproduce the product or Asset actually delivered or involved in a Transaction.

For precious metals, the contractual characteristics of the product concerned are those appearing in the documentation, order confirmation, or any other contractual document applicable to the Transaction.

25. NON-WAIVER

The failure of DGB Global Capital to enforce any provision of these Terms and Conditions at any time shall not be construed as a waiver of its right to enforce such provision subsequently.

Any waiver of a right or provision of these Terms and Conditions must, to be valid where a written waiver is required, be expressly made in writing.

These Terms and Conditions constitute the contractual framework applicable to the services and Transactions to which they relate, subject to mandatory legal provisions, any specific conditions accepted by the Client, and any contractual documents specifically applicable to certain transactions.

CONTACT US

Would you like to learn more about our investment solutions?

DGB Global Capital is available to present its services and answer your questions. Simply complete the contact form below, and our team will contact you shortly to provide the information you need.

OUR PARTNERS

Company in the legal form of a limited liability company, duly registered and regulated according to the financial standards in force in Luxembourg

DGB Capital Management

Head office: 1, route de Mondorf, L-5470, Wellenstein, Luxembourg

OPENING HOURS

Monday to Friday, 8am to 12pm
Monday to Thursday, 2pm to 7pm