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Welcome to Bitmonds! The first digital collectible portal.
These General Conditions of Service have been drawn up in accordance with the provisions of the Consumer Code, Legislative Decree no. 206/2005 and subsequent amendments, and of Legislative Decree no. 70/2003 on information society services and electronic commerce. Please read them carefully and keep a copy. We also point out that we may make changes or amendments to these General Conditions and other contractual documents at any time. In any case you will find the updated versions of all the documents always published on the site. The General Conditions and other contractual documents will be automatically and immediately effective, unless otherwise indicated.
The use, registration on the Site, the sending of a purchase order and the use of all the Services offered therein implies the full knowledge and express acceptance of these General Conditions, the Conditions of Use of the Website and any other contractual document.
The language available to conclude the contract is Italian '. The applicable law and the competent jurisdiction is Italian, without prejudice to the application of mandatory rules for your protection. However, we will provide you with an English translation of the contract.
Vanilla Rocket Srl DOES NOT sell material diamonds. All the Services provided through the Platform are aimed solely at collecting and have nothing to do with any form of financial investment nor do they constitute a financial instrument or product. Through the Site, you can only generate and exchange, for collection purposes, intangible digital assets whose three-dimensional graphic representation is that of a diamond.
In relation to the terms used in this contract, it must be understood:
This contract relates to the provision, for consideration, of the Services offered by Vanilla Rocket, or of the following activities:
Vanilla Rocket does not provide any Service intended for bargaining between Registered Users for the sale of Bitmonds nor does it ever intervene in the negotiations. All the functions on the Platform that allow Registered Users to interact with each other are in fact intended exclusively to put them in contact, to keep track of the agreed conditions of sale in their Profile, to formalize the sale or donation (or the gift) of Bitmonds and , therefore, to communicate to Vanilla Rocket the outcome of the agreement reached in order to allow it to register the transfer of ownership on the EOSIO blockchain and pay the commission due to it.
In compliance with the Consumer Code and of Legislative Decree n. 206/2005 and subsequent amendments and by Legislative Decree 70/2003 regarding electronic commerce, before confirming the sending of the purchase order, Vanilla Rocket Srl provides you with the following information:
Vanilla Rocket srl, through a complex algorithm, is able to generate a collectable intangible digital asset, with personalized characteristics, whose three-dimensional graphic representation is that of a diamond.
Vanilla Rocket srl does NOT sell real material diamonds, but collectible digital goods. The generated Bitmonds is immaterial and consists of a string of characters, stored on the Ethereum or EOSIO blockchain. The three-dimensional graphic representation of the Bitmonds generated or purchased by another Registered User can only be viewed through the Platform and / or the applications made available by Vanilla Rocket.
The Bitmonds that will be generated, which will be assigned the name of the collection to which it belongs, will be identified by an Identification Code (ID), represented by the three-dimensional image of a diamond and will have unique characteristics. In particular, your Bitmonds will not be a digital diamond like all the others, but it will be personalized as regards:
For each Bitmonds generated we will indicate a "recommended" exchange value. The value of each Bitmonds generated and present within the Site is therefore a value to be understood as purely indicative and must not be intended as a guaranteed value in the resale on the collectors market or as an intrinsic value of the same. Vanilla Rocket does not guarantee any value higher than that of generation.
Your Bitmonds, after registering the transaction on the Ethereum or EOSIO blockchain, will be identified by a "Blockchain HASH" code. This code, together with the one that identifies you, will be necessary for the purpose of recording transactions with other Registered Users on the blockchain.
Once you have generated your Bitmonds, you can decide whether to make your Profile public and, therefore, publish your Bitmonds in the area of the Site intended for presentation or sale to other Registered Users.
Your Bitmonds and its characteristics will be visible to all Registered Users together with the recommended value for the exchange or what you have indicated for the sale.
Please note that Vanilla Rocket srl offers the web space on the dedicated page solely to allow you to present or sell your Bitmonds to other Registered Users at the price you have established. Vanilla Rocket assumes no obligation or liability in connection with the exchange of Bitmonds between Registered Users.
The Platform uses blockchain technology to certify transactions, i.e. the transfer of ownership of your Bitmonds from you to another Registered User and so on.
Once your Bitmonds has been generated, the transaction will be automatically registered on the blockchain (Ethereum or EOSIO) and a HASH identifying it will be generated. You will find all registration information in your Bitmonds details.
Any further transfer of ownership, or in the event that you decide to sell your Bitmonds to another Registered User, will be registered on the blockchain and the relevant HASH will be assigned to the transaction.
The regulatory regime governing blockchain technologies is uncertain and new regulations or policies could negatively and materially affect the development of the Bitmonds system. Additionally, updates on the Ethereum or EOSIO platform, a hard fork on the Ethereum or EOSIO platform, or a change in the way transactions are confirmed on the Ethereum or EOSIO platform may have unintended negative effects on the Bitmonds system.
Users assume full and exclusive responsibility in relation to the terms and methods of execution of the contract between them, including the payment of the price. Bargaining is free within the limits of the law. It should be noted that the "recommended" value of Bitmonds is purely indicative and the final sale value is exclusively defined by the parties. Remember that the recommended value is not binding and that you can exchange your Bitmonds at the price you prefer, as long as it is higher than the generation price!
With respect to Vanilla Rocket, the User is required in any case to respect the following rules:
The Registered User acknowledges and accepts that the use of the features dedicated to the sale or purchase promotion may result in the conclusion of a legally binding contract. Indeed,
Vanilla Rocket is required to register the transfer of the Bitmonds sold to the buyer only on the express order of the seller. The registration of the transaction of the Bitmonds bought and sold on the blockchain is subject to the payment by the seller of the commission due to Vanilla Rocket.
The commission indicated is requested only as a fee for the use of the transaction registration service on the EOSIO blockchain.
Vanilla Rocket assumes no obligation in relation to the delivery of the Bitmonds to the buyer, nor to the payment or transfer of ownership of the Bitmonds exchanged between Registered Users, and has no role or is involved in the exchange of Bitmonds between Registered Users.
The first use of the section dedicated to promoting the sale of your Bitmonds will be subject to the strong identification procedure of your person (KYC procedure).
We inform you that in order to make the use of the Platform safer, guarantee greater security in transactions and prevent criminal activities (such as money laundering), we have adopted a KYC - Know your customer recognition procedure.
Upon exceeding a certain spending threshold in the generation of Bitmonds or the first use of the section dedicated to the promotion of the sale of your Bitmonds, you will then be redirected to the strong identification portal managed by our supplier who will identify you in greater detail.
Specifically you will:
We will therefore verify that the document sent is among those provided, complete, legible, authentic, valid and corresponding to the personal data returned to Bitmonds.
The outcome of the checks will be communicated to you within two working days from the start of the procedure also to the email address associated with the Bitmonds account, subject to verification.
The information you return will be transmitted through a secure and encrypted connection.
We will not use the additional data that you have provided us through the KYC procedure, unless it is necessary to fulfill the contract with you, the legal obligations incumbent on us, defend our interests or pursue any other legitimate reason.
In order to generate your Bitmonds, if you have not already done so, you will necessarily have to:
We will ask you to provide us with your e-mail address and to choose an access password, as well as to give your consent to the processing of personal data.
You can register on the Site using the social login provided. When you use social logins, the social service provider automatically communicates your personal data that you gave them at the time of registration. We remind you that even in this case your personal data must be true, exact, updated and complete.
In order that the security of your Bitmonds is always guaranteed during registration, you undertake to:
Finally, we remind you that you can manage the consents you have given and consult our updated General Conditions of Service and privacy through the appropriate section of your Profile.
In order to generate your Bitmonds you will need to complete your Profile with the missing data, namely:
If you have used social login you will need to complete any missing personal data.
You can choose to generate multiple Bitmonds simultaneously within the limits indicated and possibly upon strong identification of your person (KYC).
Once you have entered your data and the desired amount of Bitmonds you can proceed, by using the "PAY" key, to send the generation order to Vanilla Rocket Srl as well as to pay.
Remember that you will not have the right of withdrawal as this contract relates to a service that provides for the complete and immediate execution of the services at our expense. If you want to continue with the purchase, we will therefore ask you to give up your right of withdrawal.
Once the payment has been made, Vanilla Rocket Srl will send you an ORDER CONFIRMATION E-mail with the following content:
Once your order has been processed, Vanilla Rocket Srl will send you an ORDER CONFIRMATION e-mail:
The contract will be considered concluded only when we send you the ORDER CONFIRMATION e-mail.
If you do not receive the Order Confirmation within the term of n. 7 working days from sending the order, this must be considered rejected by Vanilla Rocket Srl. Please let us know promptly if necessary corrections of your personal data or of your orders are sent to firstname.lastname@example.org.
Vanilla Rocket Srl may not accept or cancel the order placed in the following cases:
In all these cases Vanilla Rocket Srl will inform you via e-mail explaining the reasons why the order was not followed up. In the event that payments have been made, they will be reimbursed within 14 days from the communication of non-acceptance or cancellation.
The prices for the generation of the Bitmonds indicated by Vanilla Rocket Srl both on the Site and in the purchase order are inclusive of VAT. In any case, the only valid price will be the one indicated at the time the order is sent. Since this is the sale of digital services, the issue of an invoice is not envisaged as required by Legislative Decree 42/2015, expressed by the Ministerial Decree of 27 October published in the Official Gazette on 11 November, and concerns both the sale of goods and the of services purchased over the Internet.
If the User has a residence outside the European Union, he will take care to pay any taxes provided for by his home State for purchases of digital goods and / or services, as well as any other customs or similar taxes. The User: a) will pay or refund for all national and federal, state, local or other jurisdiction taxes, including value added taxes and taxes as provided for in international tax treaties, customs duties or other import or export, and the sums collected in their replacement on the basis of the fixed costs, the services provided or the payments made, as now or in the future, may be imposed under the authority of any national, state, local or any other jurisdiction; b) is not authorized to deduct the amount of these taxes, duties or checks on payments made to us pursuant to these ContractConditions.
The values and / or percentages of Bitmonds published in the advertising space do not represent the purchase and sale prices of the individual Bitmonds. The sale price between Registered Users is freely established by the seller and is not known to Vanilla Rocket until the advertisement or the conclusion of the sale. The recommended value of each Bitmonds is therefore a value to be understood as purely indicative of the exchange and must not be understood as a guaranteed value in the resale on the collecting market or as an intrinsic value of the same.
If you decide to put your Bitmonds on sale, a commission equal to the amount indicated in the appropriate window will be applied, which the seller will be required to pay in order to proceed with the transfer.
At no time during the payment process, Vanilla Rocket will be able to know your payment details. This information will in fact be sent directly to the person managing the electronic payment through a secure and encrypted connection. Therefore, Vanilla Rocket Srl cannot be held responsible for any fraudulent and undue use of data by third parties.
The Product will be generated immediately and will be delivered to you digitally within your Profile within a maximum of 48 hours.
Vanilla Rocket Srl is not required to generate and deliver until it has received payment of the price.
The registration of your Bitmonds on the blockchain will be carried out by Vanilla Rocket within 48 hours of purchase. The assignment of the related "Blockchain HASH" code could therefore take place at a later time.
If you purchased Bitmonds from another Registered User, registration on the blockchain of the property will be made within 48 hours of the transfer order that we have received from the seller. The assignment of the relevant "Blockchain HASH" code could therefore take place at a later time than the moment your agreement was finalized.
In relation to the generated Bitmonds, you will not be able to enjoy the right of withdrawal since it is a Service contract that provides for the complete and immediate execution of the services at our expense (Article 59, letter a, Consumer Code). In any case, before proceeding with the execution of the contract, we will renew this notice and ask you to accept the loss of the right of withdrawal.
Vanilla Rocket Srl will not be responsible for any inadequacy of the graphic representations of the Bitmonds shown on the Site as these may be subject to the technical and resolution characteristics of the IT tool used by the User.
Within the limits of the law, Vanilla Rocket cannot be held responsible for direct and indirect, specific, incidental, punitive, cautionary or consequential damages deriving from the use of the Site or the Services offered therein and based on any liability hypothesis as well as for legal disputes, civil, criminal or administrative, even introduced by third parties.
Vanilla Rocket cannot be held responsible for damages of any nature and species resulting from the impossibility of using the Platform which is attributable to the default of its suppliers (payment service, identification, etc.).
Within the limits of the law, by accepting these General Conditions of Service and the Conditions of Use of the Site you exempt Vanilla Rocket from any liability, whether civil, criminal or administrative, towards third parties or yours, including that deriving from loss of profits (including directly or indirectly), impairment of commercial or business reputation, loss of data, cost of procuring replacement goods or services, or any other tangible or intangible loss.
Vanilla Rocket declares that it has adopted all the appropriate security measures in compliance with EU Regulation 679/2016 and, for this reason, without prejudice to the limits of the law, it cannot also be held responsible for data loss (including personal data), accidental disclosure of personal or particular data, and any other type of damage occurred as a result of attacks by hackers, hackers, crackers, viruses, etc., nor for inefficiencies, interruptions of services and / or damages attributable due to force majeure such as made of the third party and other events of difficult or impossible prediction which prevented, in whole or in part, from fulfilling the terms of the contract within the times or in the manner agreed upon.
The recommended value of each Bitmonds present within the Site is a value to be understood as purely indicative, deriving from the calculation of a proprietary algorithm that summarizes the age, purity and rarity of each Bitmonds. This value is not intended as a guaranteed value in the resale on the collectors market. Like any existing collectible, the value of Bitmonds is exclusively defined by the interest generated and the free exchange between collectors.
Vanilla Rocket assumes no responsibility in relation to the trade between Registered Users. By accepting these General Conditions, the User renounces any recourse against Vanilla Rocket for acts or omissions also of third parties or other Registered Users, nor for any damage that may be suffered during or following the transactions or any other interaction with those parties.
The Registered User acknowledges and accepts that Vanilla Rocket can never be held responsible for the non-fulfillment or improper fulfillment of the obligations assumed by the Registered Users between them (non-payment, non-transfer of ownership, etc.). The Registered User undertakes from now on to indemnify and hold Vanilla Rocket harmless from any claim, including compensation, should be advanced against him as a result of the agreements entered into between Registered Users.
The User acknowledges and accepts that Vanilla Rocket will be required to register the transfer of the Bitmonds sold to the buyer only on the express order of the seller and upon payment by the seller of the commission due.
The User acknowledges and accepts that Vanilla Rocket cannot be held responsible for the veracity of the Users' identity, nor for the information they provide through the Platform.
The User accepts that in the event that Vanilla Rocket were to sell or cease the activity, close or modify the Site or the Platform, as well as their operating logic, even without notice, this cannot be held responsible towards him nor will it be bound to any indemnity, compensation or reimbursement of any Bitmonds in the name of the same.
Bitmonds are digital assets that also exist by virtue of the ownership registration maintained in the Ethereum or EOSIO Blockchain, over which Vanilla Rocket has no control and cannot provide guarantees relating to its availability over time or the possibility of future resale of these collectibles. Therefore, Vanilla Rocket Srl is not responsible for losses deriving from blockchain or other characteristics of the Blockchain Ethereum or EOSIO network. The regulatory regime, especially Italian, governing blockchain, cryptocurrency and token technologies is currently uncertain and new regulations or policies could negatively and materially influence the development of the Bitmonds ecosystem and therefore the potential utility or real value of the Bitmonds themselves. Additionally, updates on the Ethereum or EOSIO platform, a hard fork on the Ethereum or EOSIO platform, or a change in the way transactions are confirmed on the Ethereum or EOSIO platform can have unintended negative effects on the Bitmonds ecosystem. The User releases Vanilla Rocket Srl from this responsibility and renounces any kind of compensation.
Vanilla Rocket may assign the contract with the Registered User under the same conditions without the prior consent of the User.
In the event that you are missing, the contract entered into by you and, therefore, your Bitmonds will be sent to your legitimate or testamentary heirs (or to the legatee or executor you will have nominated), if necessary in communion between them, after identification.
To proceed with the transmission, the following documents must in any case be provided to us:
Received the documents, we will open an investigation before proceeding to take over the contract and, therefore, in the account. If the law governing the succession is different from the Italian one, we may request other documents from your heirs.
If the law applicable to the succession is the Italian one, you will be able to have your account only through the will as it contains digital assets of patrimonial value. Contact us if you want to know how.
If you are a Consumer, any disputes may be resolved by the Court of the place where you have your domicile or residence, or by the Court of Milan, following mediation or arbitration proceedings. The applicable law and the competent jurisdiction is Italian, subject to the application of mandatory rules for your protection.
Ver. 1.4.2 – September 2021