Terms & Conditions
This TERMS AND CONDITIONS CONTRACT forms the Agreement governing the relationship between EUROCOIN BROKER S.A. and its Client/s, (hereinafter referred to as the CLIENT/s), and is intended to protect the interests of all parties.
Each CLIENT is obliged to read, understand and comply with all the terms and conditions of the agreement and will proceed to accept them as a prior condition of its registration/purchase online.
EUROCOIN BROKER S.A. Version: September 2020
EUROCOIN BROKER, S.A. CIF: A24699704 with registered office in Calle La Raya 110, 24010 Trobajo del Camino, León (Spain), manages the EBK Store online sales website. Consequently, the contracting parties are the CUSTOMER and EUROCOIN BROKER S.A., hereinafter EBK.
With the express acceptance of the Terms and Conditions, it is understood that the customer has accepted the contract in its entirety and, therefore, has previously read and understood each and every one of the terms, agreeing to comply with all the specifications established therein.
2. Object of the Contract:
The object of the contract is to manage the participation of the CUSTOMER in order to obtain the advantages offered to him on the EBK Store website, and to purchase products and services, all as defined in these General Conditions of Contract.
All products and services acquired will be registered in the account of each CUSTOMER.
2.1. CONTRACTUAL BASIS:
When EBK accepts the application for registration, the applicant becomes a CUSTOMER of the
For the formalization of the contract between EBK and the CUSTOMER only the online registration modality will be used, with the acceptance of the Data Protection, Policies and Terms and Conditions.
The Terms and Conditions will come into force and, therefore, will be applicable to EBK and the CUSTOMER from the moment the client has agreed to them by ticking the boxes of I have read and accept the general conditions enabled in the client registration.
However, in compliance with the provisions of Article 28 of Law 34/2002 of 11 July on Information Society Services and Electronic Commerce, within a maximum period of twenty-four hours from the entry into force of the General Conditions, EBK will confirm acceptance of these General Conditions by confirming the entry into force of the contract.
The CUSTOMER declares that the identifying and justifying data which he provides on registration are true, and he must obligatorily attach all the documentation required according to the KYC of EBK established to accredit this. In the case of a culpable breach of truth, the CUSTOMER will be penalised by the termination of the agreement and the loss of the acquired rights. He shall indemnify and hold EBK harmless from any liability to third parties such as the tax office, etc.
The CUSTOMER undertakes to inform EBK of any change in the personal details provided in the register and in particular of the address of residence, e-mail address, bank details and telephone number.
2.2. PREVENTION OF MONEY LAUNDERING
The activity carried out by EBK is currently subject to Law 10/2010 on the Prevention of Money Laundering and Financing of Terrorism. EBK will comply with current regulations on the prevention of money laundering and other complementary regulations. To this end, EBK reports that said regulations require, among other obligations, that it identify its clients in documents, gather information on the nature of their professional or business activity and inform, either at the request of the Executive Service of the Commission for the Prevention of Money Laundering and Monetary Infractions or ex officio, of any fact or operation regarding which there is evidence or certainty that it is related to money laundering.
EBK, if it considers it appropriate, may require the client to provide the data it considers relevant for the purposes of complying with Law 10/2010 on the Prevention of Money Laundering and the Financing of Terrorism. If the client refuses to provide this data, EBK may unilaterally terminate the service.
The registration must be made indicating the fiscal address and the registered office for the reception of shipments by EBK Store to the CUSTOMER.
2.3. LEGAL RELATIONSHIP:
Between EBK and the CUSTOMER no type of employment or service relationship is established between employers or professionals, nor is any company in particular, nor does it form part of any relationship other than participation as a CUSTOMER in EBK in accordance with these general conditions of contract.
The CUSTOMER is not authorised to represent EBK Store or to act on its behalf.
The CUSTOMER is not authorised to receive cash or to collect payment on behalf of EBK.
A culpable breach of this point will entitle EBK to terminate the contract for a relevant reason.
2.4. INTELLECTUAL AND INDUSTRIAL PROPERTY
The EBK Store website, its source code and its contents are protected by national and international intellectual and industrial property regulations. They may not be exploited, reproduced, distributed, modified, publicly communicated, transferred or transformed without the express written authorisation of EBK.
All designs, images, signs, distinctive signs, commercial names, brands, logos, products and services contained in the EBK Store website are registered and protected by the Industrial Property Law.
EBK reserves the right to take legal action against customers who violate or infringe intellectual and industrial property rights.
The CUSTOMER is expressly authorised to use the official Communication Material, which EBK uses as marketing and dissemination tools both in its networks and in the media, for the duration of this contract.
The CUSTOMER must keep the access data for the use of the CUSTOMER's Personal Area safe and treat it as strictly confidential.
The CUSTOMER may modify the personal configuration at any time and may never hold EBK liable in the final instance for non-compliance with this clause.
EBK is not responsible under any circumstances for the loss and misuse of the card and personal data accessed through our website EBK Store, although we have a civil liability insurance policy which protects us against possible fraud in this respect, always in compliance with the current legislation.
The CUSTOMER undertakes to notify EBK without delay of any improper use of its online access. After the immediate blocking of access, the CUSTOMER will be sent new access data via e-mail or post.
2.6. DATA PROTECTION:
Insofar as it is necessary, EBK, as the entity responsible for data protection, will collect, store and process personal data of CUSTOMERS.
The supply of such personal data is voluntary on the part of each CUSTOMER and the latter expressly accepts by means of these General Conditions the collection and processing of such data, having the right to access, rectify, cancel and oppose them in accordance with the applicable legislation.
The CUSTOMER is also informed and expressly consents to the access of his or her data to EBK. However, the lack of consent, cancellation or opposition to the processing will prevent the registration of the CUSTOMER.
Whenever the CUSTOMER gives his consent, EBK will also use the CUSTOMER's data to provide personalised information on communications, products, promotions and services.
Any enquiry regarding information, modification or cancellation of data may be directly addressed to EBK by the means set out for that purpose on the EBK Store website.
EBK uses internationally recognised security technologies to protect CUSTOMER data against unauthorised access.
EBK shall only be responsible for the security of data transmitted via the internet to the extent provided for in the section on data protection consent for the receipt of commercial communications: The CUSTOMER hereby declares his or her consent (which may be revoked at any time) to the collection by EBK of his or her personal data and to the use of this information by EBK to compile personalised information and to contact him or her by telephone, @mail, post or in person for the purpose of advertising services and products.
The CUSTOMER may revoke his consent at any time with effect for the future, by post or by e-mail. It should be addressed to: EUROCOIN BROKER S.A. C/ La Raya 110, 24010 Trobajo del Camino, León (Spain), by email to: firstname.lastname@example.org.
EBK accepts voluntary and unconditional responsibility for any damage to physical integrity and health which EBK assumes to be fatal and which occurs through its fault. It is also liable without limitation for any other damage resulting from the wilful or grossly negligent breach of duty by EBK.
EBK is only liable to a limited extent for typical and foreseeable damage arising from a slightly negligent breach of duty which is essential for the proper and correct execution of the contract and on whose fulfilment the CUSTOMER therefore relies.
2.8. ESSENTIAL OBLIGATIONS:
Any further claims for damages are excluded, subject to the provisions of the following point. This applies in particular if no fault is attributable to EBK, e.g. in the case of
Interruptions in the availability of the CUSTOMER's internet access
Other technical and electronic faults which arise during data transmission via the internet, as well as during the use of the internet portal, EBK's SMS services or EBK's applications for mobile terminals, insofar as such faults are not the responsibility of EBK.
Technical and electronic faults not attributable to EBK which prevent the recording of commissions and other operations or transactions (in particular possible faults in the recording system and the loss of data which this may cause).
Unavailability of mobile telephone networks or terminals.
Incorrect operation of the CUSTOMER's mobile terminals.
Provided that EBK's liability is limited or excluded, the limitations or exclusions will also apply to the personal liability of employees, legal representatives and Clients.
2.9. TEMPORARY SUSPENSION OF ACTIVITY ON THE EBK PLATFORM
EBK may temporarily interrupt the service without prior notice for those maintenance tasks which are necessary for the correct functioning of the EBK Store website.
Failure by the EBK Customer to comply with the obligations listed below will result in the temporary suspension of the service on the EBK platform:
The detection by EBK of suspicious operations.
Lack of additional information necessary for the identification of the Customer.
The suspension of the service produces the following consequences:
The Client will not have access to the website during this period.
The Customer will not be able to carry out any operations on the platform.
This temporary suspension becomes definitive THIRTY (30) days after the beginning of the temporary suspension, if the situation has not been regularised or updated with the necessary information to continue operating on the EBK Store website.
2.10. TERMINATION OF THE CONTRACTUAL RELATIONSHIP BY THE CUSTOMER: The CUSTOMER
Will have the right to terminate their contractual relationship at any time by a written statement through the means indicated above. Likewise, the CLIENT will not be obliged under any circumstances to make purchases.
2.11. TERMINATION OF THE CONTRACTUAL RELATIONSHIP BY EUROCOIN BROKER
EBK may terminate the contractual relationship, with a period of notice of 8 weeks, or terminate it for a relevant reason with immediate effect in the event of culpable breach of these obligations, the CUSTOMER shall indemnify and hold EBK harmless. This also applies to costs arising from such claims by third parties.
Furthermore, EBK is entitled to claim damages incurred by the CUSTOMER as a result of the CUSTOMER's own breach of duty, including legal costs (lawyer, solicitor and court fees).
All terms used in the contract with a specific grammatical gender refer to both women and men as well as legal entities.
The contractual relationship will be governed by Spanish law. The application of the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded.
3. Customer Service:
The Customer has a Customer Care Service to contact directly the members and departments of EBK Store through different channels, among them
Email to the email address corresponding to the selected department:
Technical support: email@example.com
4. Applicable Law and Jurisdiction:
This agreement is subject to Spanish substantive law, excluding the United Nations Convention on Contracts for the International Sale of Goods.
The exclusive jurisdiction for any litigation derived from this EBK Agreement or related to it, corresponds to the courts of León-Spain, the parties expressly renouncing any other that could be applicable to them.
If the legal proceedings are not preceded by an act of state conciliation, before initiating any legal proceedings, the parties shall be obliged to carry out an act of amicable composition at the headquarters of Eurocoin Broker S.A., C/ La Raya 110, 24010 Trobajo del Camino, León (Spain).