GENERAL TERMS AND CONDITIONS OF USE OF THE MATERIAL BITCOIN WEBSITE
Version: February 22, 2022
1. LEGAL INFORMATION
4. GENERAL DESCRIPTION OF THE SERVICE FOR THE PURCHASE OF THE BITCOIN MATERIAL WALLET
5. CONDITIONS OF REGISTRATION IN BITCOIN MATERIAL
5.1. Acceptance of the GTC
5.2. Requirements for acquiring User status
5.3. Information and documentation requirements
6. GENERAL PROVISIONS FOR THE USE OF THE WEB SITE
6.1. Making the payment by credit or debit card
7 PLATFORM SERVICES
7.1. Order configuration
7.2. Making the payment by the user
7.3. Authorization and order of payment transactions
7.4. Attention to the User
7.5. Data Protection
7.6. Bitcoin Material Plate Manufacturing
7.7. Shipment of the Material Bitcoin plate
7.8. Receipt of the plate
8. PRICE AND EXPENSES OF THE SERVICE
10. GENERAL OBLIGATIONS
11. PLATFORM MAINTENANCE
12. RIGHT OF WITHDRAWAL
13. ENTRY INTO FORCE OF THE GT&C
14. TERMINATION OF THE GT&C
16. EXCLUSIONS OF LIABILITY
17. DATA PROTECTION
18. INTELLECTUAL PROPERTY
19. MODIFICATION OF GENERAL CONDITIONS
20. LINKS TO EXTERNAL SITES
21. APPLICABLE LAW AND JURISDICTION
1. LEGAL INFORMATION
Miolo Desarrollos, S.L. (hereinafter, “Material Bitcoin”), with address for these purposes in Spain, Avenida Lamadosa, 14-bajo derecha, 15009 A Coruña, with CIF B-67785840, registered in the Mercantile Registry of Madrid, Volume 3.769, Folio 70, Inscription 1, Page C-61378, is the owner of the Web Page https://materialbitcoin.com through which you can access the Web Page called Material Bitcoin (hereinafter, “The Platform”). Material Bitcoin is constituted with the purpose of developing projects in new technologies and the sale of hardware and software.
Bitcoin: An intangible asset “electronic document”, object of real right, in the form of a unit of account, defined by means of the computer and cryptographic technology known as “Bitcoin”, which can be used as consideration in transactions of all kinds.
Cryptoasset: A digital representation of an asset or right that can be transferred or stored electronically, using distributed registry technologies or other similar technology.
The Material Bitcoin Platform: Website through which you can obtain information about MATERIAL BITCOIN and proceed to purchase the product.
The stainless steel Material Bitcoin Wallets: The MATERIAL BITCOIN wallets made of stainless steel AISI 304L, are those that MATERIAL BITCOIN makes available through its Platform and that will have for the user the function of cold wallet or Cold Wallet, with the aim of storing Bitcoins from the Bitcoin network securely. MATERIAL BITCOIN will proceed to engrave in them with a high power fiber optic laser, the unique private key associated with the cryptocurrency wallet of each user and the address and the corresponding QR code.
Cold Wallet: These are those that use keys generated by a source that is not connected to the blockchain and therefore not to the Internet, with the keys being stored securely.
User or customers: natural persons of legal age and legal entities, with full capacity to contract, who access MATERIAL BITCOIN to acquire the Wallet.
Material Bitcoin has created the Platform to offer the sale of stainless steel Material Bitcoin wallets (hereinafter “the Wallet“), destined to securely store bitcoins of both natural and legal persons (hereinafter “the Users“) and which will have the function of cold wallets of cryptocurrencies. The Wallets will be unique for each User and will include in its obverse side the Address with its QR Code and in its reverse side the Private key covered and protected with a layer of protection.
These General Terms and Conditions (hereinafter GT&C) regulate the use of the Platform and the provision of services through it.
4. GENERAL DESCRIPTION OF THE SERVICE
4.1. General description of the service of purchasing the Material Bitcoin wallet
Material Bitcoin, through the Platform will allow Users to purchase the Wallets by making their payment in advance with a credit or debit card through the internet payment gateway called STRIPE PAYMENTS EUROPE, LIMITED (hereinafter “STRIPE”) plus shipping costs. The total amount is indicated on the Platform itself through the link https://materialbitcoin.com/en/shop/.
The procedure to purchase the Wallet through the Platform is as follows:
- Configuration of the order through the corresponding form.
- Realization of the payment by the User as indicated in the Platform.
- Manufacture of the Wallet.
- Shipment of the Wallet to the User.
5. CONDITIONS OF REGISTRATION IN MATERIAL BITCOIN
5.1. Acceptance of GTCs
5.2. Requirements for the acquisition of the User status
The status of User can be acquired by persons of legal age and with full capacity to contract. Therefore, any request for entry as a Material Bitcoin User of a minor under eighteen years (18) will be denied.
In cases where the User accesses the Platform on behalf of a legal entity, the User accepts and declares that he/she has sufficient powers of representation to bind the legal entity or company he/she represents in the contracting of services. In such cases of access to the Platform or registration as a Legal Entity, Company or Professional, any request for services made by the User shall be attributable to the Legal Entity, and MATERIAL BITCOIN shall presume that they have been made by the latter.
5.3. Information and documentation requirements
The User must provide in its entirety the information required by MATERIAL BITCOIN and declares and guarantees that it is accurate, updated and complete.
In compliance with the provisions of Law 10/2010, of April 28, 2010, on the prevention of money laundering and terrorist financing and other applicable legislation, the type of User will determine the information to be requested depending on whether it is a natural or legal person, and the interaction that the User wishes to make on the Material Bitcoin Web Page.
The information requested may consist of:
- Identifying data such as: name, surname, ID or Tax ID number, e-mail address, cell phone number, etc.
- The sending by MATERIAL BITCOIN of an authentication token to the cell phone number provided by the User.
- Other possible data or information required.
MATERIAL BITCOIN may at any time request additional information in order to learn more about the purpose and nature of the User’s business relationship, and may even do so through a third party.
The lack of information or the existence of doubts about the veracity of the data provided, will allow MATERIAL BITCOIN to block the account and, if necessary, the immediate unilateral termination of the contract for the provision of services that binds them.
Likewise, MATERIAL BITCOIN reserves the right to suspend the User’s operations and block the use of the service, until it has been able to confirm and verify the legality and legitimacy of the operations.
6. GENERAL PROVISIONS FOR THE USE OF THE WEBSITE
6.1. Making payment by credit or debit card
Through the Platform, Users will be able to pay for the Badge in the “Buy Bitcoin Material” section, by credit or debit card. Payment will be made through the aforementioned payment gateway STRIPE, plus shipping costs.
Before placing the order, the User may view, modify or cancel the order at any time on the Platform. The User may then place the order by clicking on the “Pay” button. Payment by the User shall be made in Euros or US Dollars.
7. WEBSITE SERVICES
The User must follow the following steps to acquire the Wallet through the Platform:
7.1. Order configuration
To purchase MATERIAL BITCOIN through the Platform, the User must access the “Buy Material Bitcoin” section. Subsequently, the User must complete the Web form available in the aforementioned section by filling in the requested data.
7.2. Payment by the User, by credit card.
The User shall make the payment at the time in euros following the instructions received by MATERIAL BITCOIN through the Platform. The payment service will be provided by STRIPE PAYMENTS EUROPE, LIMITED, whose trade name is STRIPE.
In case of non-receipt of payment of the corresponding amount or in case of irregular payment, MATERIAL BITCOIN reserves the right, after having registered your order, to suspend or cancel such order and its delivery.
7.2.1. Authorization of payment transactions
The user gives his consent and authorization for STRIPE to execute the payment operations derived from the contractual relationship between MATERIAL BITCOIN and the user. Such authorization is granted at the moment the user accepts the GT&C of contracting MATERIAL BITCOIN.
The operation is initiated at the time the card data is sent through the web form, enabled on the platform of MATERIAL BITCOIN (https://materialbitcoin.com/en/checkout).
7.2.2. Attention to the User
Any complaint by the User regarding the execution of operations shall be communicated by e-mail ([email protected]) to the attention of the User Service of MATERIAL BITCOIN.
7.2.3 Data Protection
Personal data collected by STRIPE will be treated strictly in accordance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (hereinafter RGPD), of the Organic Law 3/2018 of 5 December on the Protection of Personal Data and guarantee of digital rights (hereinafter LOPDGDD) and any other applicable data protection regulations. Users may exercise their rights of access, rectification, deletion, limitation, opposition and portability of their data on personal data collected and processed by STRIPE in accordance with the provisions of the aforementioned regulations and must communicate their willingness to exercise any of these rights to the following address: https://stripe.com/.
7.3. Manufacture of the Material Bitcoin Wallet
MATERIAL BITCOIN will manufacture the plate in AISI 304L stainless steel. The private key and the address with the QR code will be engraved on each plate with a high power fiber optic laser. Once manufactured, MATERIAL BITCOIN will proceed to send the Wallet to the User in a sealed form.
7.4 Shipping and reception of the plate
Depending on the delivery address, MATERIAL BITCOIN may propose one or more transport service providers with their respective rates. When MATERIAL BITCOIN offers the possibility to choose between several means of transport, the User must select the option that suits him/her best.
The Wallet will be sent to the delivery address specified by the User when placing the order through the form. Delivery times are indicated when placing the order. These delivery times are approximate and may vary depending on the transport company. MATERIAL BITCOIN is not responsible for delays caused by the transport company.
7.4.1 Receipt of the Wallet
The User shall receive the Wallet from MATERIAL BITCOIN including on its obverse side the Address with its QR Code and on its reverse side the Private key covered with a layer of protection. T
Once the order is received by the User, it is the responsibility of the User to check the condition of the Wallet, its package, its packaging and its contents. If the User observes any defect, he/she must follow the procedure provided by the transport service company and inform MATERIAL BITCOIN of these defects specifying the order number, no later than fourteen days after delivery.
8. PRICES AND EXPENSES OF THE SERVICE
The total price of the Wallet and the shipping costs can be consulted through the Platform, which can be accessed through the following link: https://materialbitcoin.com/en/shop.
The prices of the Products do not include shipping costs, unless specified on the Platform. Shipping costs include the costs of processing the order and delivery. These may vary depending on the choice of carrier and delivery address, and are individualized at the time of purchase.
MATERIAL BITCOIN reserves the right to modify at any time the price of the Wallet, it being understood that the price applied for all purposes will be the price in force at the time of the order.
The prices of the Products offered on the Platform will be those appearing in the same at the time of requesting the order, will be expressed in euros and will be total; that is, the Value Added Tax (VAT) and any other tax, fee or levy of state and regional character that may be applicable.
Notwithstanding the foregoing, the User is responsible for determining what taxes, if any, apply to the transactions made and it is the User’s responsibility to properly manage the taxes applied to the corresponding tax authority.
10. GENERAL OBLIGATIONS
Material Bitcoin is obligated to:
- To attend as diligently as possible to all queries that the User may request derived from the use of the services included in Material Bitcoin.
- Provide the service to the User according to what is established in the present Terms and Conditions.
- Keep Material Bitcoin operative 24 hours a day, except for temporary interruptions due to web maintenance services, technical or computer problems such as internet downtime due to any cause, computer attacks and similar situations that make it temporarily impossible to provide the service. This will be restored as soon as the incidents have been solved.
- Request as much documentation and information as necessary for the fulfillment of its legal obligations.
The User agrees to:
- Provide the information required in the forms in the cases indicated in this document.
- Communicate to MATERIAL BITCOIN all the necessary data for the verification of the identity of the user, which must be truthful, current and adjusted to reality.
- To make proper use of the services included in the Platform, always in accordance with the law.
- Not to carry out any activity that hinders or interferes with the operation of the Services included in MATERIAL BITCOIN.
- To be responsible for all transactions made in your User account, as well as to safeguard and preserve the confidentiality of your credentials, exonerating MATERIAL BITCOIN from any liability.
- To immediately inform MATERIAL BITCOIN through [email protected] of any security risk or error or defect of the MATERIAL BITCOIN Platform that may result in a fraudulent use of the same or that contravenes the present T&CG.
11. PLATFORM MAINTENANCE
MATERIAL BITCOIN will make all reasonable efforts to ensure that the User can access the services in accordance with these GT&C. However, MATERIAL BITCOIN may temporarily suspend the services for maintenance or upgrades, and will make all reasonable efforts to inform about such scheduled maintenance. The Platform service, therefore, may be interrupted by MATERIAL BITCOIN temporarily and without prior notice in those maintenance tasks that are necessary for the proper functioning of the MATERIAL BITCOIN Platform.
12. RIGHT OF TERMINATION
In accordance with the provisions of Articles 68 and following of Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws, the User has the right to withdraw from the contract within fourteen (14) days without cause and without assuming any cost, except for the costs of returning the Wallet, when necessary. The aforementioned period starts from the day on which the User, or a third party on his behalf, receives the Wallet.
The User may notify his decision of withdrawal by filling in the return form through the Platform. In such case, MATERIAL BITCOIN will send by email an acknowledgment of receipt of the decision taken regarding the withdrawal request. In order to respect the withdrawal period, the Customer must send its notification before the expiration of the aforementioned period of fourteen (14) days.
The User shall return the Wallet to MATERIAL BITCOIN within fourteen (14) days after the notification of its withdrawal decision made by MATERIAL BITCOIN. The cost of returning the Wallet shall be borne by the User, unless MATERIAL BITCOIN has indicated that it is free of charge. You must return the Wallet in perfect condition without having removed the protective layer of the private key and without having opened . MATERIAL BITCOIN does not accept the return of the Wallet already used and after the User has confirmed its receipt and conformity as indicated in section 7.5. of these GT&C. For the return, the Wallet must be in its original condition and with the original seal.
13. ENTRY INTO FORCE OF GT&CS
However, and in compliance with the provisions of Article 28 of Law 34/2002 of July 11, 2002 on Information Society Services and Electronic Commerce (LSSI), within a maximum period of twenty-four hours from the entry into force of the GT&C, MATERIAL BITCOIN will confirm to the User its acceptance of these GT&C through an email and, therefore, from that moment on, these GT&C will be applied.
14. EXTINCTION OF THE GT&C
The present GT&C will be terminated for the following causes:
- For breach by either party of any essential obligation of the contract: the other party may unilaterally terminate this contract.
- Lack of additional information necessary for the fulfillment of legal obligations.
The User assures that he/she understands and has the necessary knowledge to use blockchain systems and services, and that he/she is fully aware of the risks associated with cryptoassets and the use of the blockchain. MATERIAL BITCOIN shall not be liable for any loss or gain of cryptocurrencies or cryptoassets or situations that make it impossible to access them, which may result from any action or omission of the User.
MATERIAL BITCOIN does not provide any kind of advice to the User in any field, whether fiscal, financial, economic, accounting, mercantile or any other. Therefore, the decisions taken by the User are made on a personal basis and under his responsibility.
The User declares to be aware of all the risks involved in the possession of Bitcoins transferred to the Wallet and therefore exonerates MATERIAL BITCOIN from any liability for their loss, theft or destruction.
16. EXCLUSIONS OF LIABILITY
The Services offered through MATERIAL BITCOIN comply with the provisions of the Spanish legal system. MATERIAL BITCOIN is not responsible for those services that do not comply with the provisions of the laws of other countries to which the services offered through MATERIAL BITCOIN may be provided.
MATERIAL BITCOIN is released from any liability in case of misuse or contrary to the legal system of MATERIAL BITCOIN by the User.
MATERIAL BITCOIN shall not assume any liability for loss, theft or destruction of the Wallet, as well as misuse of the private key by the User or a third party. The risk of loss and damage of the Wallet and the private key shall be transferred to the User upon delivery of the Wallet.
MATERIAL BITCOIN shall not be liable for any damages, losses that may be suffered as a result of events that could not have been foreseen, or that could not have been foreseen, or that were unavoidable, either by fortuitous event or force majeure.
MATERIAL BITCOIN is not responsible for any failure, technical error, accident, breakdown, manipulation, interruption in MATERIAL BITCOIN or any other incident that may arise in equipment or technical services outside MATERIAL BITCOIN whose use is necessary for the provision of the service.
MATERIAL BITCOIN shall not be liable in the event of unavailability of the Platform due to force majeure or temporary suspension of the same for technical reasons.
The User shall be liable for any damages that may have been caused to third parties, by the data provided, including but not limited to, as a result of the following actions:
- Use of data that is not updated, false or does not correspond to reality.
- Use by third parties of the User’s passwords and personal addresses.
MATERIAL BITCOIN is not responsible for the operations carried out by the User with a service provider of exchange of virtual currency for fiat currency (Exchanger), with the aim of buying Bitcoin (BTC) and its subsequent shipment to the public address of his wallet. Consequently, all transactions between the User and the Exchanger will be carried out completely outside MATERIAL BITCOIN. Any incident in the process, the User must contact the Exchanger through the communication channels established by him.
17. DATA PRIVACY
Once the provision of services has been completed or the User has exercised the right of deletion, MATERIAL BITCOIN shall be obliged to delete the data blocking the processing thereof, and shall remain at the disposal of the competent authorities, judges and courts for the statute of limitations of the legal actions that correspond to the latter in defense. At the end of the period indicated, MATERIAL BITCOIN will delete the User’s private keys from its system. MATERIAL BITCOIN is not responsible for any disclosure of identity by the User or third parties.
18. INTELLECTUAL AND INDUSTRIAL PROPERTY
The MATERIAL BITCOIN Platform and systems, its source code and the contents it contains are protected by national and international intellectual and industrial property laws. They may not be exploited, reproduced, distributed, modified, publicly communicated, transferred or transformed, except with the express written authorization of the owners of the rights.
The design, images, labels, distinctive signs, trade name, trademarks, logos, products and services contained therein are protected by Industrial Property Law.
Access to this platform does not grant users any right or ownership of intellectual or industrial property rights or the contents it contains. Users accessing this Platform may not copy, modify, distribute, transmit, reproduce, publish, transfer or sell the aforementioned elements or create new products or services derived from the information obtained without the express written authorization of MATERIAL BITCOIN.
The alteration of the content or structure of this Platform by the User is strictly prohibited. MATERIAL BITCOIN reserves the right to take appropriate legal action against Users who violate or infringe the intellectual and industrial property rights and any type of patent.
19. MODIFICATION OF THE GENERAL CONDITIONS
MATERIAL BITCOIN reserves the right to modify these GT&C without prior notice. The changes and modifications that are made and are relevant will be notified to the users, being under the user’s responsibility to review these GT&C.
For these purposes, it will be considered that the user fully accepts the new GT&C if after a period of one month since the modification of the GT&C is made available to all users, the user has not requested the cancellation of the service. The user will be able to state during the mentioned period that he/she does not agree with the changes made to the GT&C, and will have to request the cancellation or cancellation of the MATERIAL BITCOIN service.
20. LINKS TO EXTERNAL PAGES
In MATERIAL BITCOIN you will find links to third party websites, which are governed by their own conditions, not being MATERIAL BITCOIN responsible for the operations that through these entities outside MATERIAL BITCOIN the User can perform.
21. APPLICABLE LAW AND JURISDICTION
This contract shall be interpreted and governed in accordance with current Spanish legislation. Both parties, expressly waiving any jurisdiction that may correspond to them, submit any interpretation or disputes arising from this contract to the Courts that, according to the legal system, are competent.
MIOLO DESARROLLOS, S.L.