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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 Part III, Title III, Chapter I, of the Consumer Code, Legislative Decree no. 206/2005 and subsequent amendments and Legislative Decree no. 70/2003 on the services of the information society and electronic commerce. We encourage you to read them carefully and keep a copy. We also specify that we can make changes or amendments to these General Conditions at any time.
The use, registration on the Site or sending a purchase order implies full knowledge and express acceptance of these General Conditions and the Conditions of Use of the Website.
The language available to conclude the contract is Italian or English. The applicable law and the competent jurisdiction is Italian, subject to the application of mandatory rules for your protection.
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 the bargaining between Registered Users for the purchase and sale of Bitmonds nor does it ever intervene in the negotiations or in the conclusion of the relative contract. All the features on the Platform that allow Registered Users to interact with each other are in fact intended exclusively to put them in the contract, to keep track of the agreed sales conditions in their Profile and to communicate to Vanilla Rocket the outcome of the agreement reached, in order to outside the Platform, also for the purpose of allowing the same to register the transfer of ownership on the Ethereum blockchain and liquidate the commission due to the same.
In compliance with the regulatory provisions of Part III, Title III, Chapter I, of the Consumer Code, 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 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 generated Bitmonds is customized as it has unique characteristics produced on the basis of your data.
The Bitmonds represented in the three-dimensional image that you will find on the page preceding the purchase order therefore has a merely representative purpose. 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 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 the generation of your Bitmonds has been completed, you can decide whether to make your profile public and, therefore, publish your Bitmonds in the area of the Site intended for the presentation of your Bitmonds to other Registered Users.
Your Bitmonds and its characteristics will be visible to all Registered Users together with the recommended value for the exchange. If you are interested in getting in touch with another Registered User you can do it through the appropriate functions, after strong identification of your person with the KYC procedure.
We point out that Vanilla Rocket srl offers the web space on the dedicated page only to allow you to present your Bitmonds to other Registered Users, but not for bargaining with other Registered Users which must be carried out outside the Platform. Vanilla Rocket never intervenes in the transaction between Registered Users and, consequently, cannot assume any further obligation or responsibility in relation to the exchange of Bitmonds between Registered Users.
The Platform uses blockchain technology (specifically, the Ethereum blockchain) to certify transactions, i.e. the transfer of ownership of your Bitmonds from you to another Registered User and so on.
Once the generation of your Bitmonds has been made, the transaction will be automatically recorded on the Ethereum blockchain and a HASH identifying it will be generated.
Any further change of ownership, or in the event that you decide to transfer your Bitmonds to another Registered User, will be registered on the blockchain and the relevant identification HASH will be assigned to the transaction.
The regulatory regime governing blockchain, cryptocurrency and token technologies is uncertain and new regulations or policies could negatively and materially affect the development of the Bitmonds system and, therefore, the potential utility or the real value of the Bitmonds themselves. Additionally, updates on the Ethereum platform, a hard fork on the Ethereum platform, or a change in the way transactions are confirmed on the Ethereum platform may have unintended negative effects on the Bitmonds system.
Negotiations and agreements between Registered Users for the exchange of Bitmonds must take place outside the Platform.
All the features 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 sales conditions in their Profile and to communicate to Vanilla Rocket the outcome of the agreement reached (outside the Platform ) also for the purpose of allowing the same to register the transfer of ownership on the Ethereum blockchain and liquidate the commission due to the same.
The commonly used meaning must be ascribed to the term "negotiation", free from the relative legal effects that may have occurred at the end of the negotiation which took place outside the Platform.
Vanilla Rocket does not provide any Service intended for a legally binding contract between Registered Users for the purchase and sale of Bitmonds, does not intervene in the negotiations or in the conclusion of the contract with other Registered Users. The fee indicated is required only as a fee for the use of the transaction registration service on the Ethereum blockchain.
Vanilla Rocket owns the Bitmonds offered for sale through the Platform, but does not assume any obligation in relation to the delivery to the buyer, nor to the payment or transfer of ownership of the Bitmonds exchanged between Registered Users, and has no role nor is it involved in the exchange of Bitmonds between Registered Users. The purchase contract is concluded only and directly between Registered Users outside the Platform.
Vanilla Rocket is required to deliver Bitmonds bought and sold to the buyer only on the express order of the seller.
Users assume full and exclusive responsibility in relation to the terms and methods of execution of the contract, including payment of the price. Within the limits of the law, bargaining is free. 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!
Regarding Vanilla Rocket, the user is in any case required to respect the following rules:
Vanilla Rocket Srl reserves the right to legally prosecute any violation and abuse, to protect its interests.
The first use of the section dedicated to the promotion of 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 email address and to choose an access password, approve these General Terms of Service and give your consent to the processing of personal data for the various purposes indicated therein.
You can manage the consents you have provided and the updates of our General Conditions of Service and privacy through the specific section of your Profile.
In order to generate your Bitmonds you will need to complete your Profile with the missing data, namely:
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 relates to services that provide for the complete and immediate execution of the services charged to us. If you want to continue with the purchase, we will therefore ask you to waive 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 email@example.com.
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 and related Services indicated by Vanilla Rocket Srl both on the Site and in the purchase order are inclusive of VAT. In any case, the only price that will prevail will only be that indicated at the time the order is sent. As it concerns the sale of digital services, the issuance 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 Journal on 11 November, and concerns both the supply of goods and the provision of services purchased via 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 the Bitmonds published in the advertising space accessible by the Users (the so-called Catalog) do not represent the purchase and sale prices of the individual Bitmonds. The sale price between Registered Users must be established outside the Platform between them and is not known to Vanilla Rocket until the conclusion of the sale. The recommended value of each Bitmonds is therefore a value to be understood as purely indicative of exchange and must not be understood as a guaranteed value in the resale on the collectors market or as an intrinsic value of the same.
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.
Registration of the purchase of your Bitmonds on the blockchain will be made by Vanilla Rocket within 48 hours of purchase. The assignment of the relevant "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.
You will not be able to enjoy the right of withdrawal as this is a Services contract that provides for the complete and immediate execution of the services we charge (art. 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 Products 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 release Vanilla Rocket from any liability whatsoever, whether civil, criminal or administrative, towards third parties or yours (by way of example and not limited to: heirs, legatees, legitimates, creditors, debtors, third parties in general) including that deriving from loss of profits (also directly or indirectly), loss of commercial or business reputation, loss of data, cost of procurement of replacement goods or services, or any other material or immaterial 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 does not intervene in the negotiations or in the conclusion of the contract with other Registered Users. By accepting these conditions, the User renounces any recourse against Vanilla Rocket for acts or omissions of third parties or other Registered Users, or for any damages that it could suffer during or following the transactions or any other interaction with those parts.
The User acknowledges and accepts that Vanilla Rocket will be required to deliver the Bitmonds bought and sold to the buyer only on the express order of the seller.
The User agrees that in the event that Vanilla Rocket should 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 for it nor will it be obligation to repay the Bitmonds possibly registered to the same or to pay compensation for damages of any nature and species.
Bitmonds are digital assets that also exist by virtue of the ownership registration maintained in the Ethereum 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 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 platform, a hard fork on the Ethereum platform, or a change in the way transactions are confirmed on the Ethereum 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.
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. 1.3 – April 2020