General Contracting Conditions
1. GENERAL INFORMATION
These General Terms and Conditions of Contracting (hereinafter, the “General Terms and Conditions”) govern the terms and conditions under which YOSEYOMO, S.L., a Spanish company, domiciled at Av. del Port, 49, 2, Camins al Grau, 46021 Valencia, and with N.I.F. B-70933684; registered in the Mercantile Registry of Valencia, in Volume 11555, Book 8833, Folio 161, Sheet no. V217888 (hereinafter, the “Company”) provides the services indicated at https://www.yoseyomo.com, as well as its subsequent subdomains (hereinafter, the “Website”).
Additionally, you are informed that by requesting the acquisition of a product and/or service through the Website, the user is bound by these General Terms and Conditions; therefore, if you do not agree with them, you should not proceed with contracting any of the products or services offered on it.
2. ELECTRONIC CONTRACTING
In accordance with Article 23 of Law 34/2002, of July 11, on Services of the Information Society and Electronic Commerce (hereinafter, “LSSI-CE”), contracts concluded electronically will have the effects provided by the legal system, when consent and other necessary requirements for their validity are met.
In any case, the electronic support containing these General Terms and Conditions of Contracting concluded electronically will be admissible as documentary evidence in case of disputes between the parties.
For these purposes, it will be understood that following all phases of the registration process, and, if applicable, up to the payment of the amount corresponding to its price, necessarily implies the provision of the consent required from the user to access the contracting.
Through these General Terms and Conditions of Contracting, the terms and conditions that govern both the services provided by the Company through the Website and the sale of self-custody crypto asset devices are established. These devices ensure the encrypted preservation and storage of the seed words of any crypto wallet on the market (hereinafter, “Yoseyomo” or the “Products”).
According to Article 27 of the LSSICE, before the start of the contracting procedure for each Service or Product, all information related to it will be made available to users. The company will archive the electronic documents formalizing the contract.
It is noted that these General Terms and Conditions may be modified. The user is responsible for consulting them each time they access, browse, and/or use the Website as the terms in force at the time of requesting the acquisition of products and/or services will apply.
For any questions that the user may have in this regard, they can contact the Company via the following email support@yoseyomo.com.
3. THE USER
The user status is acquired by using or browsing the Website, implying the reading and acceptance without reservation of the terms and conditions set forth here, as well as the Legal Notice, Privacy Policy, Cookie Policy, and Website Terms and Conditions of Use. In this regard:
- The user declares to be over 18 years old and to have the legal capacity to enter into contracts. The Website is primarily aimed at users residing in Spain.
- The Company does not ensure that the Website complies with the laws of other countries, whether wholly or partially.
- The Company disclaims all responsibility that may arise from such access and does not ensure shipping or provision of services outside Spain.
The Company may block access to the Services or Products when deemed necessary for security reasons.
The Company will adopt organizational and technical measures in its computer systems to achieve an adequate use of the service for obtaining the Products by users.
4. SERVICES
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4.1. Description of the Services
The Company provides users with the Inheritance service, a unique service for the custody of encrypted posthumous messages, hereinafter, the “Service” or the “Services”. The Service can be contracted through the following link: https://www.yoseyomo.com/en/pages/inheritance.
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4.2. Conditions for Contracting the Services
Before contracting the Service, the user must subscribe through the indicated link for these purposes.
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a) Specific Conditions
Users who own at least one Genesis NFT will benefit from a 50% discount on the total price of the Service for the first license.
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b) Types of annual licenses
There are two types of annual licenses (BASIC and PLUS), depending on the number of recipients or message size and personalized assistance among several differences. These licenses will allow for the custody and subsequent delivery of the posthumous message to the designated recipient.
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c) Message Drafting and Data
The user must draft a unique message for each Inheritance license contracted. For this purpose, it will be necessary to provide the details of the person or persons to whom the message should be delivered after the user's death, to ensure delivery to the rightful person.
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d) Verification and Delivery Process
The Company will verify the authenticity and legality of all documentation submitted to enable the message recipient to certify the user's death and claim their legacy. After verification, the posthumous message will be delivered along with a basic course (or personalized assistance depending on the type of license) that will allow the recipient to make use of it.
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e) Management Guarantees by the Company
The Company will diligently and securely manage the entire process, from the custody of the message to its final delivery to the designated recipient, thus ensuring compliance with the user's last wishes.
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5. PRODUCTS
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5.1. Description of the Products
The Company offers for sale self-custody crypto asset devices known as Yoseyomo, which guarantee the encrypted preservation and storage of the seed words of any crypto wallet on the market, hereinafter referred to as the “Products”.
The Company provides users with the following link to proceed with the purchase of the Products: https://www.yoseyomo.com/en/collections/ysym.
6. PRICE AND PROCEDURES
The prices of the Products are detailed in their description and include any applicable increases or discounts, as well as additional charges for ancillary services, payment methods, commissions, etc.
The prices of the products are displayed alongside their description and are indicated in euros (€), the official currency in Europe.
The Company reserves the right to deny access to the Services and/or Products and features offered on the Website if the user breaches these General Terms and Conditions of Contracting, the current regulations, and/or misuses the Website or access to the purchase of the Products.
The Company will have the necessary technical infrastructure, either its own or third-party, to enable online payments, as well as to enhance the prevention of banking fraud necessary to operate online payment systems.
7. DELIVERY
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7.1. Delivery Conditions
The Company is committed to delivering the products purchased by the user to the shipping address provided during the purchase process.
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7.2. Delivery Times
Delivery times will vary depending on the destination and will be specified to the user before completing the purchase. The Company will do its best to meet the indicated delivery times; however, these times are estimates and may be subject to changes due to circumstances beyond the Company's control.
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7.3. Shipping Costs
Shipping costs will be calculated and displayed to the user before completing the purchase. For products shipped to addresses in Spain and Portugal, shipping costs will be free for orders with a total amount exceeding ONE HUNDRED EUROS (€100.00).
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7.4. Shipping Tracking
The user will receive a tracking number once the order has been shipped, allowing them to monitor the status of the shipment at all times.
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7.5. Delivery Issues
In case of delivery issues, such as delays, loss of the package, or any other inconvenience, the user should contact the Company's customer service as soon as possible to resolve the issue.
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7.6. Receipt of the Product
It is the user's responsibility to ensure they can receive the product at the provided shipping address. If the product cannot be delivered and is returned to the Company, the user will need to cover the re-shipping costs, unless the failure to deliver is due to the Company or the courier service.
8. LEGAL WARRANTIES - RIGHT OF WITHDRAWAL
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8.1. Right of Withdrawal
The user has the right to withdraw from this contract within 14 calendar days without the need for justification.
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8.2. Withdrawal Period
The withdrawal period will expire 14 calendar days from the receipt of the product or from the conclusion of the contract in the case of purchasing Services.
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8.3. Exercising the Right of Withdrawal
To exercise the right of withdrawal, the user must notify the Company at the following postal address:
- Yoseyomo, S.L.
Avenida del Puerto 49, 2,
Valencia, 46021, Spain.
Additionally, the user can exercise the right of withdrawal at the following email address: support@yoseyomo.com.
- Yoseyomo, S.L.
9. LEGAL WARRANTIES - RIGHT OF WARRANTY AND RETURNS
The Company offers a perpetual warranty, subject to the conditions established in this clause from the date of contract formalization, so that the user can exercise their rights regarding the purchased Product.
The Company reserves the right to update or modify this clause at any time and without prior notice.
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9.1. Right of Warranty
- The perpetual warranty applies only to the original purchaser and is non-transferable.
- The warranty covers manufacturing and material defects under normal and proper use of the Product.
- The warranty does not apply in cases of misuse, abuse, alteration, unauthorized repair, or damage caused by accidents affecting the Product.
- To claim the warranty, a valid proof of purchase for the Product must be presented.
a) Claim Procedure
- The user can contact the Company's customer service team via email at support@yoseyomo.com to initiate the return or claim process.
- The user should provide details about the issue along with photographic evidence, if possible.
- The Company will evaluate the claim and provide the necessary instructions to proceed.
b) Exclusions
- The warranty does not cover normal wear and tear from regular use.
- Claims for cosmetic or aesthetic damage that does not affect the Product's functionality will not be accepted.
9.2. Right of Return
The Company guarantees the return of Products and has a return policy with no time limitation, subject to the requirements established by the Company for this purpose. If the user wishes to return a product deemed eligible by the Company, a refund will be processed as outlined in this section.
a) Return Conditions
- To be eligible for return, a Product must be unused, in its original packaging, and in the same condition as received, so it can be resold. Any visible marks or damage to the content or packaging will invalidate the return possibility.
- Gift cards providing a discount code of a specific value and downloadable software products like PDFs or course access, if the content access has been initiated or completed by the user, are excluded from returns.
- To complete the return process, a receipt or proof of purchase is essential.
b) Partial Refund Situations
Any Product that is not in its original condition, is damaged, or is missing parts due to reasons beyond the Company’s control, will need to be evaluated by our team. To proceed with a partial refund, the user must send the Product or photos of it before return. Depending on its condition and after our evaluation, we will determine if the issue is due to a manufacturing defect or handling.
If the Product has been directly handled by the user, partial refunds will not be processed. However, other options or agreements may be considered based on the specific case.
c) Return Procedure
- 1. To initiate the return process, please contact our customer service team via email at support@yoseyomo.com. This step is essential for ensuring efficient management according to established standards.
- 2. It is crucial to provide all relevant details about the order, including any available photographic evidence supporting your return request. This information will facilitate a quick and accurate evaluation by our team.
- 3. Once the returned product is received, we will conduct a thorough inspection to verify its condition. Subsequently, we will notify you via email about the receipt of the item and communicate our decision regarding the approval or denial of the requested refund.
- 4. If your return request is approved, we will process the corresponding refund. This refund will be applied automatically to the same payment method used for the original purchase, within the time frame specified by our policies.
- 5. If your return request is denied, we will inform you about the reasons for the decision. In this case, you will need to cover the shipping costs to return the non-returnable product, according to our return management policies.
d) Late Refunds
- If you have not yet received your refund, please check your bank account and contact your credit card issuer, as there may be a delay in updating the refund.
- If you have followed these steps and still have not received your refund, please contact us at support@yoseyomo.com.
e) Replacement Procedure
Items will only be replaced if they are defective or damaged. If you need to exchange it for the same item, please email us at support@yoseyomo.com and send your item to:
- Yoseyomo, S.L.
Avenida del Puerto 49, 2,
Valencia, 46021, Spain.
10. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
The Website through which the Services are provided and the acquisition of the Company's Products are protected by Intellectual Property laws. All rights arising from the creation and implementation of content, techniques, processes, source code, and other works, as well as the Company's tools, including, but not limited to, modifications, improvements, derivative works, configurations, translations, updates, and interfaces, are and will remain the exclusive property of the Company.
11. PERSONAL DATA PROTECTION
The personal information or data that the user provides to the Company in relation to the contracting of Services or the acquisition of Products will be processed in accordance with the privacy policy.
By formalizing the contracting of the Services or the acquisition of the Products offered by the Company, the user consents to the processing of this information and declares that all information or data provided is accurate.
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11.1. Personal Data: In the context of these Terms and Conditions, the Company may process personal data provided by the user. Personal data may include, but is not limited to, names, email addresses, contact information, financial data, and any other identifiable information necessary to carry out any of the services or the acquisition of the Products offered by the Company. Additionally, in accordance with the European Privacy Regulation 679/2016 and the Organic Law, the personal data provided will be part of a file managed by the Company.
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11.2. Purpose of Data Processing: The personal data provided by the User will be used solely for the purposes established in these Terms and Conditions, including the management of the Website, the management, distribution of the Company's products or services, billing, technical support, and any other activities related to the provision of the Company's services.
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11.3. Confidentiality and Security: The Company is committed to treating the user's personal data confidentially and implementing appropriate security measures to protect such data against unauthorized access, loss, destruction, or illegal disclosure, in accordance with the standards established by European data protection legislation.
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11.4. International Data Transfers: If it is necessary to transfer personal data outside the European Economic Area, the Company commits to ensuring that such transfers comply with applicable legal requirements, including the adoption of adequate data protection measures as required by the GDPR.
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11.5. Data Subject Rights: The User retains the rights conferred by data protection laws concerning their personal data, including the right of access, rectification, deletion, restriction, portability, and objection to the processing of their data. To exercise these rights or for any queries related to data privacy, the User can contact the Company via the following email address: support@yoseyomo.com.
12. LIABILITY
The Company will not be liable for losses due to misuse of the user's credentials unless the loss, theft, or misplacement has been previously reported and the credentials have been changed according to the procedures established by the Company.
The user will be responsible for any damage arising from the use of outdated, false data, or unauthorized use of their personal keys.
13. TERMINATION OF THE CONTRACT
This contract may be terminated by the Company with immediate effect and without prior notice or refund of the amounts paid if any of the following conduct is found on the part of the user:
- a) Inappropriate use of the platforms provided by the Company, understood as any activity deviating from the methodology and educational purposes specifically taught in the unregulated real estate investment course.
- b) Dissemination, total or partial reproduction, transfer, leasing, sale, or any other act of disposal of the course content, whether temporarily or permanently, for free or for remuneration, without the express authorization granted by the Company.
- c) Use of other users' contact data for offering alternative training or services, in violation of the Data Protection Law, or, where applicable, the actual contracting of offered services or training.
- d) Introduction of unsolicited (spam) or misleading communications resulting in the transmission of false or confusing information to other members of the community.
- e) Offering, within or outside the platform, of investment opportunities not approved by the training entity, including, but not limited to, proposals that guarantee fixed or certain returns, loans, or business participations.
In any of these cases, the Company reserves the right to terminate the contractual relationship established, notifying the user accordingly; resulting in the termination of the contractual relationship and the expulsion of the user from all platforms and communication channels, without refunding any amounts paid. Additionally, the Company reserves the right to take legal action against the user to claim responsibility for fraudulent use and to seek compensation for damages caused.
14. MISCELLANEOUS
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14.1. Language of Formalization: The documentation related to the contracting of various Services or acquisition of Products will be formalized in Spanish.
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14.2. Download and Printing: The user may download and print all documents that make up these General Terms and Conditions of Contract.
The Company is committed to providing access to these documents clearly and accessibly, ensuring that they are available for download and printing through the Website. All relevant documents, including, but not limited to, general terms and conditions, privacy policies, and any other relevant documents, will be available for download in formats compatible with printing, such as PDF files. Additionally, clear instructions will be provided on how to access these documents and proceed with their printing.
The Company guarantees that downloadable and printable documents will faithfully reflect the General Terms and Conditions of Contract, as well as other legal texts, as established at the time of contracting the service. Special attention will be given to keeping these documents updated in case of subsequent changes, ensuring that users always have the most recent version for their consultation.
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14.3. Procedure for Handling Complaints: Users can submit complaints or request assistance through the communication channels provided by the Company, support@yoseyomo.com.
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14.4. Right to Claim: In accordance with Article 40 and the final provision fifth of Law 7/2017, of November 2, and in compliance with additional provisions applicable in the Valencia Region, the Company guarantees the right to access the complaints form as provided by current regulations to the Company's users. The Company is committed to clearly and precisely informing the user about the availability of the complaints form and the procedures for obtaining it via the following link: https://cindi.gva.es/es/web/consumo/presentacion-de-reclamaciones-y-quejas
Exercising this right by the user does not exempt the Company from its obligation to comply with the relevant legal and regulatory provisions regarding customer service and dispute resolution.
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14.5. Dispute Resolution: The Company has an active dispute resolution policy, so it offers customer support:
In accordance with Article 40 of Law 7/2017, an online dispute resolution platform is available at the following link: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=ES
The Company will decide on a case-by-case basis whether or not to adhere to this system, as we believe conflicts can and should be resolved outside of these forums, so we recommend using our customer service system before making any claims.
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14.6. Survival of Obligations: The termination or expiration of these General Terms and Conditions of Contract will not affect the survival of any right, duty, or obligation whose survival upon termination or expiration has been expressly agreed upon under the contracting of the Services or acquisition of the Products offered by the Company.
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14.7. Assignment: The user may not assign or transfer their contractual position, nor may they assign any rights and/or obligations arising from it without the consent of the Parties.
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14.8. Legal Force: The Parties declare that the agreements contained in this document have legal force for the Parties, committing themselves to fulfill them faithfully. In particular, the Parties commit to exercising all the rights they hold to give full effect to these Terms and Conditions.
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14.9. Applicable Law and Jurisdiction: These General Terms and Conditions of Contract shall be interpreted and enforced according to their own terms and, in matters not provided for, will be governed by Spanish law.
For the resolution of any disputes, discrepancies, issues, disagreements, or claims arising from the validity, interpretation, compliance, or execution of this document, the Parties, waiving any other jurisdiction that may correspond to them, expressly submit to the jurisdiction and competence of the competent Courts and Tribunals.