GENERAL TERMS AND CONDITIONS OF USE, SALES AND INFORMATION OF BITSA MARKETPLACE
IDENTIFICATION OF THE PERSON RESPONSIBLE FOR BITSA MARKETPLACE:
Owner: BITSA SAS (hereinafter BITSA, we, us, us).
Trade name: BITSA®
Registered office: 37-41 Boulevard Dobouchage, 06000-, Nice, France.
VAT ID: FR79885097345
Registration: Registre du Tribunal de Commerce de Nice, núm. 885097345
Capital stock: 1,150,000 Euros (€).
BITSA®, puts at your disposal, through the BITSA® application, an online marketplace (hereinafter MARKETPLACE) that will allow you to purchase digital products from external suppliers to BITSA®, at prices and conditions established by them. The purchase of these products is made with the intermediation of BITSA®, which provides you with the application where the MARKETPLACE is located and receives the payments you make on behalf of the supplier.
You will not be able to access this MARKETPLACE if you are subscribed to the FREE plan.
Through this MARKETPLACE you will be able to acquire digital codes (hereinafter cards), which contain a stored value, for subsequent redemption on the supplier’s platform and thus be able to enjoy the good or service provided by the supplier, by entering the PIN that we will provide you for this purpose.
The present conditions of use, sale and information (hereinafter the Conditions), regulate both your rights and obligations as a user, as well as the rights and obligations of BITSA® as an intermediary in the sale of products of the supplier, in relation to the access and use of the MARKETPLACE, as well as the conditions applicable to the purchase processes that you carry out of the cards offered in the same.
ACCEPTANCE, PERIOD OF VALIDITY AND MODIFICATION:
Browsing the MARKETPLACE, purchasing any card, as well as cashback, will mean that you accept the Conditions in force at all times. However, either when you make your first purchase or when we publish any modification, we will ask you to expressly accept them.
In all matters not provided for in these conditions, the provisions of the General Conditions of Access and Use of the Website and Application, the Terms and Conditions of Issue of the BITSA® Card and Use of the Payment Services, as well as the Privacy and Cookies Policy, which govern the use of the services offered through the BITSA® platform and whose acceptance you have previously made, shall be applicable.
We recommend that you read these texts, together with these terms and conditions (collectively the BITSA® Legal Texts), before taking any action. The Conditions shall remain in force indefinitely, and in particular for as long as they are accessible through the BITSA® application. However, we reserve the right to modify them in whole or in part, and make such changes as we deem necessary for the proper functionality of the MARKETPLACE, in which case they will be in effect at the time they are published and fully accessible.
Therefore, it is up to you as a user, before browsing, to carefully read the Terms and Conditions. By accessing and using the contents and services after the publication of the modifications or changes in the Conditions, you accept them. The modifications introduced will not be retroactive.
Only if you are a registered and verified user of the BITSA® card and are not subscribed to the FREE plan, you will be able to access the MARKETPLACE. To do so, once you have accessed the BITSA® application by entering your password or by biometric identification, you will find the MARKETPLACE access icon. Consequently, we will consider valid access and purchases all those you make as a registered and verified customer, being your responsibility to safeguard your credentials and your device.
However, we reserve the right to refuse or cancel your purchase orders if:
- You have any type of litigation, legal proceeding or claim in progress with us.
- We have been forced to block or cancel your BITSA® card, because:
- you have previously violated any of the terms or conditions included in the legal texts of BITSA®.
- you have been involved in any type of fraud of any kind.
- you have provided us with false, incomplete, outdated or, in any case, inaccurate identification data, or you have not sent us the documents that we have requested from you in compliance with our obligations regarding the prevention of money laundering and terrorist financing.
- for any other reason foreseen in the legal texts of BITSA.
PROCESS AND CONDITIONS OF PURCHASE:
Once you have accessed the MARKETPLACE we will ask you to indicate the geographic area from which you are going to redeem and download the digital content in order to show you the cards available for that area. In the MARKETPLACE you will have access to the available cards, which will appear classified in different categories such as: videogames, TV, recharges, etc. In addition, each of them will appear next to a description of the product that you will be able to purchase by redeeming it. Such description shall contain information as to the requirements and the technical and usage specifications provided by the supplier of the product.
Select the card you are interested in purchasing and confirm to continue with the purchase process. We will show you a summary table with the details of your purchase:
- Product name
- Card type
- Country of exchange
- Discount if applicable
- Total, of the price to be paid.
This price is indicated in Euros (€) and includes all applicable taxes and fees.
In this regard you should know that we are not responsible in case of computer error, manual, technical or any other origin, which causes a substantial alteration not foreseen in the retail price published, so that in cases where this is exorbitant or manifestly derisory, the purchase price will be considered invalid and canceled, circumstances that we will inform you as soon as possible. Also, taking into account the characteristics of the cards, which are digital content on non-material support, we do not accept returns and this is warned in the aforementioned summary table, where we will ask you to check your data, as well as to make sure that such data are correct before proceeding with the payment.
The confirmation and payment of the purchase implies that you know and expressly accept the non-refund policy, given the characteristics of the cards and therefore expressly accept the loss of the right of withdrawal of the purchase that could otherwise assist you. Payment will be made by charging the corresponding price to your BITSA® card, which you expressly accept. Once you have verified that the charge has been made successfully, you will be able to access the PIN you will need for subsequent redemption on the corresponding provider’s platform. This PIN, which we will show you on screen and which you can send, is generally available immediately in the card details that you will find in My Purchases. However, despite our best efforts to offer you the best service, the PIN may not be available automatically, so please wait 24 hours if this is the case. If after this period the PIN is still not accessible, please contact our Customer Service who will resolve the incident as soon as possible. As long as you do not access or send the PIN, the card in question will be marked with an orange or any other color that distinguishes it from those whose PIN you have accessed.
EXCHANGE DIGITAL CODE or PIN:
As explained throughout these Terms and Conditions, to purchase the desired product you must access the supplier’s platform and redeem the PIN that we have made available to you. Please note that:
- You will only be able to redeem the PIN once, i.e. it is for one time use only.
- You will only be able to redeem it on the supplier’s platform.
- The provider will indicate, either in the information provided or on its platform, the period of time you have to redeem the PIN. If after this period, you have not proceeded with the redemption, the PIN will expire and you will not be entitled to a refund or any type of compensation from us or the supplier.
- You must accept the supplier’s terms and conditions.
What happens if there is an error that prevents your redemption? In case of an error in the PIN that prevents its redemption or any other doubt or problem that may arise regarding the digital content purchased, please contact the provider’s customer service to resolve your issue. You will be able to find links to the websites of each of the suppliers in the section that we will enable for this purpose in the application.
Thanks to our cashback you can benefit from discounts of up to 15% on purchases made in the MARKETPLACE, due to commercial agreements we have with companies that offer their products or services in the MARKETPLACE. The discount percentage will appear when you select the product/service you wish to purchase.
LIMITATION OF LIABILITY:
You must take into account that, as indicated in the present conditions, BITSA® acts as an intermediary in the sale of the supplier’s products, making available to you digital codes containing a stored value for subsequent redemption on the supplier’s platform and thus gain access to the good or service you wish to purchase.
- The contractual relationship with BITSA® ends once we make the digital code or PIN available to you (SEE PURCHASE PROCESS AND CONDITIONS SECTION). BITSA® is not part of the purchase-sale contract of the digital product that is perfected once you access the supplier’s platform and redeem your PIN.
- Such products are the sole responsibility of MARKETPLACE’s suppliers, in particular with regard to their ownership, quality, safety, functionality, warranty and compliance with applicable legislation. Any claim in this regard should be addressed directly to the supplier, BITSA® being exempt from any procedure that could be initiated, as well as exempt from any type of responsibility in this regard.
- The price and conditions of sale and use (geographical scope, technical specifications, among others) of MARKETPLACE products, are the sole responsibility of the respective suppliers, and as expressed above, you will have such information in the product description that is inserted next to each card prior to the completion and confirmation of the order. This information is provided by the supplier of the product and is published by BITSA® by virtue of the commercial agreements signed. We are not responsible for any discrepancy between this information and a possible change in the offer made by the supplier once the card has been purchased.
- Also, with respect to this information, please read it carefully and make sure that the digital content is applicable to your geographic area and that you meet the technical requirements because once you have purchased the card we do not accept returns (as explained in the PROCESS AND CONDITIONS OF PURCHASE section).
- We will provide you with digital codes for the purchase of products and services from reliable, trustworthy and reputable suppliers. However, we will be and you will hold us harmless from any discrepancy, dispute or claim that may arise between the supplier and you, and we will not assume any liability in this respect, and in particular for the following aspects:
- Possible defects in the supplier’s products or services.
- Cases of unavailability of the supplier’s products or services.
- Any type of damage you may suffer from the use of the products or services.
- Any non-compliance with the legislation applicable to the sector in which the supplier of the products or services may incur.
Through the MARKETPLACE we only provide a space that will allow you to acquire digital codes or pins that contain a stored value, to be later exchanged on the supplier’s platform and thus be able to enjoy the good or service provided by the supplier, by entering the PIN that we will provide you for this purpose.
Therefore, the supplier is responsible for the sale of its products, as well as for providing you with assistance regarding such content. Our Customer Service team will assist you in case of errors in the payment process. Support Team (Customer Care):