1.1 These Terms and Conditions govern the process by which individuals may claim unclaimed funds held by Coinmerce (“the Company”) following the transfer of client assets to the Company from another crypto-asset service provider (each such transfer a “Migration”), being the transfers from Binance and from BUX.
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1.2 In respect of the Binance Migration, these Terms and Conditions are aligned with Binance’s Terms, Article 19 (3) c) and d) related to transfer of assets related to dormant accounts.
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1.3 These Terms and Conditions apply to customers whose assets were transferred to the Company under a Migration, including customers that had a contractual relationship with Binance prior to their departure from the Dutch market and were identified as Dutch customers at any point during the customer lifecycle, and customers whose assets were transferred to the Company from BUX.
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1.4 These Terms and Conditions also apply in cases of unclaimed funds where the customer’s assets were transferred to the Company under a Migration and the customer failed to deliver sufficient evidence of their source of funds after 30 days since the last communication issued by Coinmerce.
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1.5 These Terms and Conditions do not apply in cases of customers who were a part of a Migration but were declined by Coinmerce on risk or compliance grounds. For the avoidance of doubt, this Article does not apply to customers who simply did not complete or respond to verification requests.
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2.1 Only individuals who can provide satisfactory evidence of their identity and ownership of the unclaimed funds may submit a claim. This must be aligned with the regulatory requirements of the applicable anti-money laundering and sanctions law, namely Wwft and Wft.
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2.2 The claimant must possess a valid photo ID that can be verified using Coinmerce’s photo ID verification vendor.
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2.3 The claimant must be the rightful owner of the funds and have a valid legal basis for the claim. To prove this, they must be able to evidence association with the account from which the assets were transferred under the Migration.
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2.4 The claimant must evidence their identity and their association with the transferred account. Where the claimant is resident in the Netherlands, recent proof of residence (not older than 3 months) may be provided, such as:

Where the claimant is no longer resident in the Netherlands, the Company will accept equivalent documentation evidencing the claimant’s current address.
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2.5 In cases of claimants who are deceased, the following cumulative conditions must be met:

2.6 Assuming that the conditions in paragraph 2.5 are met, the individual claiming the funds must provide the following documentary evidence as a part of the claim submission:
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Death certificate

Evidence of legal relationship with the deceased person

Proof of identity

Proof of residential address

Legal representation

3.1 The Company will make reasonable efforts to notify individuals with unclaimed funds of the existence of such funds and the claim process.
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3.2 Frequency of sending the notification/s is decided upon by the Company.
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4.1 To initiate a claim, the claimant must complete the regular Coinmerce onboarding as well as the official claim form provided by the Company.
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4.2 The claim form must be submitted through a dedicated page (Paperform), accompanied by all the required supporting documents.
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4.3 The Company reserves the right to request additional documentation or information to verify the claim.
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5.1 All claims will undergo a thorough verification process to ensure the accuracy and legitimacy of the claim.
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5.2 The claimant agrees to cooperate with the Company during the verification process and provide any requested information promptly to enable the Company to process the claim in a timely manner.
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5.3 It is not possible to satisfy the claims of unverified claimants.
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6.1 Upon successful verification, the Company will make a decision regarding the claim within a reasonable timeframe that will not be longer than 30 calendar days after the last communication issued by the Company.
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6.2 If the claim is approved to be processed, the Company will disburse the unclaimed funds to the claimant through initiating the cryptocurrency transfer to a provided and verified cryptocurrency address/es no longer than 30 calendar days after the approval for processing the claim has been granted.
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7.1 If a claim is rejected, the claimant will be provided with reasons for the rejection.
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7.2 The claimant may have the right to appeal the decision within a specified timeframe by submitting a new form via a dedicated page.
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7.3 Should the Company conclude that satisfying the claim is not possible due to risk appetite or compliance concerns, it will forward the claim to a third party.
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8.1 Claims must be submitted within five years from the initial date of notification issued by the Company.
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8.2 Claims submitted after the deadline may be considered at the Company’s discretion.
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9.1 The amount of crypto assets corresponding to the claim is subject to the minimum withdrawal threshold.
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9.2 The minimum withdrawal threshold is dynamic. There are various elements determining its value, including but not limited to the network costs, transactions fees and processing expenses.
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9.3 The minimum threshold for each coin is subject to adjustment to ensure that the value of the associated claim is not below the associated costs for withdrawing the amount subject to the claim’s amount.
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9.4 Claimants are responsible for ensuring that their claim is equivalent to or higher than the minimum withdrawal threshold for each coin to facilitate successful settlement of the claim.
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9.5 Should the associated claim’s amount not reach the minimum required withdrawal threshold, the Company will settle the claim by an alternative method, which may include payment of the equivalent value in euro.
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10.1 The Company will handle all personal information in accordance with applicable data protection laws.
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10.2 Personal information provided during the claim process will be used solely for the purpose of processing the claim unless an agreement was given to process the claimant’s personal data for the purpose of fully onboarding with the Company.
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11.1 Subject to a separate agreement to the Company’s General Terms and Conditions, the claimant may become a fully onboarded customer of the Company.
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11.2 If the claimant decides to specifically agree to the Company’s General Terms and Conditions as a part of the options presented during the claim process, they will be fully onboarded as a customer of the Company.
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12.1. The Company reserves the right to modify these Terms and Conditions. Updated terms will be made available on the Company's official website.
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13.1. These Terms and Conditions shall be governed by and construed in accordance with the laws of the Netherlands.
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14.1. For further inquiries related to the unclaimed funds claim process, contact [email protected].