Terms of purchase

1. IDENTIFICATION

These conditions and terms regulate the contracting by internet users of the services offered through the website www.compraronlineloteria.com English: owned by the commercial entity Inversiones Jaiku 2017, SL (hereinafter Lotería El Ferial 7) with registered office at 28006 Madrid (Madrid) Calle Juan Bravo, 28, 1Izq and NIF B-87812038 and registered in the Mercantile Registry of Madrid, folio 16, volume 35.919, page M-645362. Inversiones Jaiku is a company dedicated to the marketing and sale of games owned by the State Lottery and Betting Society (SELAE) through lottery administration no. 7 of Parla (Madrid) and with authorization number 28.106.0007.

Thus, the parties to the contract will be the client, buyer or registered user of the website, who must in any case be of legal age, and Lotería El Ferial 7,

2. OBJECT

The purpose of this contract is the management of an online communication channel for the acquisition of lottery products in the Lottery Administration that owns the website, of the products marketed by SELAE and, where applicable, the collection on behalf of the client of the prize obtained by the latter and other services closely linked to these activities such as the consultation of draw results. Any other activity or action outside the management for the validation and collection indicated is not contemplated within the services of Lotería El Ferial 7.

Therefore, through our Web communication platform, you are not using, nor in any case participating in any form of “virtual game”. You are simply using new technologies to maintain a traditional, yet innovative, relationship with our Lottery Administration, essentially based on a professional relationship, with personalized treatment and attention. There is no legal difference between the acquisition of lottery products through the Web communication platform, or by going to our lottery administration, displaying, the different forms of contracting, identical legal consequences and obligations for Lotería El Ferial 7 and the client, except those that are strictly derived from the regulations applicable to the means of communication used.

It also warns that the only valid documents for the collection of prizes are the physical tickets issued by SELAE and the official receipts issued by the terminals and official SELAE validation systems, both documents with identical legal validity are the same in the possession of the client or in deposit with our lottery administration, depending on the type of contract made.

The play validation processes will always be subject to the standards, security procedures and technologies that SELAE determines and facilitates at all times.

3. REGISTRATION OF CUSTOMERS

Individuals over 18 years of age, with full legal capacity and who complete the process of requesting products offered by Lotería El Ferial 7 will acquire the status of clients. To complete this process, it is necessary for the client to accept these General Terms and Conditions of Contract (hereinafter, the GTC).

1- Online: Customer registration on the Lotería El Ferial 7 website may sometimes be done through the corresponding form which must be completed by the interested party in full and checking the corresponding box of acceptance of these General Terms and Conditions and the Privacy Policy that regulates the processing of their personal data carried out by Lotería El Ferial7.

4. VERACITY OF THE DATA AND EXCLUSION OF LIABILITY.

The User declares and guarantees the truthfulness, accuracy and ownership of the data provided to Lotería El Ferial 7 and undertakes to keep them updated at all times. In particular, the user undertakes to keep the data in the “Personal information” section of his/her user account on the website updated or, if he/she does not have it, to reliably inform Lotería El Ferial 7 as soon as possible of any change in the telephone numbers or email accounts provided to Lotería El Ferial 7 for the provision of the service, as these are the data used as a form of contact and shipping address, which are critical due to the very nature of the service.

Lotería El Ferial 7 declines all liability that may arise from a failure by the user to comply with the above provisions, and in particular, will be exonerated from all liability for damages caused by the loss of items or messages sent in accordance with the data provided by the user.

The user account is a personal account, and the user is responsible for maintaining the confidentiality of his/her account and password, agreeing not to provide it to other people and to take all necessary measures to keep it secret. Lotería El Ferial 7 recommends using complex passwords of at least eight characters and that include letters, numbers and other characters, as well as periodically renewing it.

Thus, as the sole person responsible for the use of your user account, any transaction carried out in it and the corresponding operations recorded in said account will be deemed to have been carried out by the client himself, producing full legal effects.

5. EXCLUSIONS

Individuals who are minors or who, being of legal age, lack the capacity to act, as well as legal entities of any kind, may not register as Lotería El Ferial 7 customers. Furthermore, residents of those countries in which participation in this type of game is expressly prohibited may not register. Regardless, Lotería El Ferial 7 reserves the right to refuse any registration that, in its opinion, may contravene good faith and proper use of the services of Lotería El Ferial 7.

6. PRICE

The price of the products depends solely and exclusively on the price set by Loterías y Apuestas del Estado, in force on the date of each draw.

Lotería El Ferial 7 will establish in a differentiated manner the remuneration corresponding to the additional tasks to the price of the product, carried out for the client by third parties contracted for said tasks, such as the tasks of managing the shipment of the products. The amount of this type of additional remuneration is subject to VAT as always specified in the purchase confirmation message.

Lotería El Ferial 7 reserves the right to modify the prices of additional services at any time, giving prior notice to users.

7. PAYMENT.

Online purchases: Payment can be made by bank card through the payment gateway that Lotería El Ferial 7 has enabled for this purpose or by bank transfer, following the instructions provided by Lotería El Ferial 7 in each case including the corresponding operation identifier.

Lotería El Ferial 7 may incorporate into its operations the payment methods it deems appropriate and apply the costs of using them to the client, clearly notifying them in advance.

The customer places a purchase order with Lotería El Ferial, with the bet being processed pending validation once the order has been placed and paid for. The customer then receives an email confirming the validation of the bet, which includes the corresponding Certificate of deposit and/or validation of the bet ordered, issued by Lotería El Ferial 7. This certificate constitutes proof of purchase and must be kept by the customer until the prize that may correspond to them is actually collected. This certificate can always be accessed from the personal area, in the my bets section at www.compraronlineloteria.com

We comply with SSL protocols. In the payment gateway, the 3DSecure system is used, redirecting the data to secure servers without the merchant being able to access or store them.

8. USER ACCOUNT

Lotería El Ferial 7 will assign each registered user a customer account which can be accessed using the email address and password that the user will establish when registering. The user authorizes Lotería El Ferial 7 to verify the verification of the data provided by the user in any case. The user agrees not to provide third parties with their access data to their customer account. In the customer account, the user will find, apart from the data provided during registration and the bets made on the website. The operations carried out from the game account will be deemed to have been carried out by the user themselves and are completely valid, and will therefore produce full legal effects.

9. ACCEPTANCE AND RETURN OF PAYMENT.

Lotería El Ferial 7 reserves the right to deny operations carried out by its customers before the products are sent, if they are to be sent, simply by notifying the customer and returning the amounts paid.

The refund will be made by returning the amount to the same payment method used to pay the purchase price. If this is not possible, Lotería El Ferial 7 will require the customer to provide an alternative bank account number and will require the client to provide a document proving their identity and ownership of the account.

Order cancellation due to product unavailability . Lotería El Ferial 7 does not guarantee the availability of ordered products until the purchase confirmation message is sent. In the event of the unavailability of the number requested by the user or of a sufficient number of tickets to fulfill their request, Lotería El Ferial 7 will inform the customer and ask if they wish to receive an alternative number or a refund. If a refund is chosen, Lotería El Ferial 7 will credit the card to the customer's card. If the card does not accept the refund, it will be processed via bank transfer.

Right of withdrawal: Pursuant to Article 93 c) of Royal Legislative Decree 1/2007, of November 16, which approves the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws, the products purchased are not subject to the right of withdrawal, by virtue of which no returns or exchanges are accepted once the order has been validly made, with the exception, in the case of shipments of lottery tickets, of losses duly verified by the transport company in charge of them.

10. NON-PAYMENTS.

In the case of refunds of payments made by bank card, Lotería El Ferial 7 will pass on to the customer the costs incurred by the bank plus the corresponding indirect taxes.

Lotería El Ferial 7 reserves the right to deny or limit service to a customer who has registered non-payments in their account.

In the event that the customer has an outstanding debt with Lotería El Ferial 7, any other purchase order that has already been paid and not validated may be cancelled, with the amount owed being reimbursed to Lotería El Ferial 7 and the surplus remaining in the user's online account. The user may only collect the amount in excess of the amount of the debt as a prize. The customer will also be obliged to cover all expenses incurred by Lotería El Ferial 7 for the collection of unpaid debts, including legal assistance costs.

Lotería El Ferial 7 reserves the right to deny the service that the client may request in the future, as long as there are outstanding debts to be paid.

11. EXPIRATION OF THE USER ACCOUNT.

Accounts that are inactive for more than 24 months may be blocked or cancelled by Lotería El Ferial 7.

12. GAME MECHANICS.

The product purchased by the client may be composed, indistinctly, of physical tickets (decimos) issued by SELAE or by official receipts issued by the terminals and official validation systems of SELAE. Both documents have identical legal validity and the receipt of one or the other does not grant the client the power to request their exchange or return.

12.1 Plays

Except for the services that explicitly include the delivery of the physical ticket, the user will receive a proof of purchase, which constitutes a certificate of ownership and a receipt of the deposit of the play. The customer expressly accepts that the purchase receipts are accessible only in electronic format from his user account.

The tickets and receipts that entitle the user to collect prizes are those that the user purchased through the website and that are held by Lotería El Ferial 7. They can be consulted by the user through the website in the "Plays" section and are also communicated through the purchase order confirmation email, although both representations of numbers are for informational purposes only, the validity of the ticket or receipt prevailing. Lotería El Ferial 7 is only obliged to pay the prizes corresponding to the tickets and receipts in custody purchased by its customers, and cannot guarantee the absence of errors in their representations on computer media.

Tickets or receipts are kept during their validity period, three months from the date of the draw. As a result of the tickets, receipts or tenths may correspond to more than one holder, they can only be displayed to the user in case of litigation or formal claims before the Customer Service Center, and only for the purpose of being sent scanned to the address user electronics, always within the period indicated above. This service will cost 30 euros (VAT included), and in no case will it be appropriate if said ticket, receipt or tenth has been awarded. Likewise, they will not be displayed or sent if they are required to participate in parallel promotional actions organized by Loterías y Apuestas del Estado (LAE) or other promoters.

Play Cancellation: Users will not be able to request the cancellation of plays made once they have been validated by the lottery administration, which takes place practically immediately.

Lotería El Ferial 7 reserves the right to cancel purchases that have not been sent or that are unpaid, as well as in cases where, having made the payment, the user has debts with Lotería El Ferial 7, or when in its opinion there is a risk of breaching the policy of use of the Lotería El Ferial 7 service or there are signs of fraud (by way of example only, payments with dubious cards, unavailability of the number or any other problem in the management). In these cases, Lotería El Ferial 7 will communicate such circumstance in writing to the interested party before the corresponding draw is held.

12.4 Participations

Lotería El Ferial 7 does not sell shares, but only offers its clients the service so that they can market them under the conditions permitted by the regulations, making the necessary technology available to them for this purpose.

12.5 Authorizations to collect prizes

The User authorizes Lotería El Ferial 7 to collect all prizes in order to prevent the prizes from expiring, even in those cases in which the User has a larger prize and either cannot be located or does not send the requested documentation in time to manage the collection. This authorization for collection does not entail an obligation for Lotería El Ferial 7.

12.6 Donations

Some of the games sold on the Lotería El Ferial 7 website may include a donation, which will not go to Lotería El Ferial 7, but rather to the corresponding beneficiary entity identified on the website. Lotería El Ferial 7 will assist its users in obtaining certificates proving that donations have been made. To this end, it will communicate the personal data of users who request a certificate to the beneficiary entity, which will be responsible for issuing it.

12.7 Collection of prizes

The customer expressly authorises Lotería El Ferial 7 (directly or through a delegate) to, on his/her behalf and/or in his/her representation, manage the collection of the prizes corresponding to his/her purchases. For this purpose, Lotería El Ferial 7 may provide collaborating entities or competent or authorised organisations with his/her personal data (including bank details for collection purposes and which have been registered with Lotería El Ferial 7). The prizes won by the user, once they have been calculated by Lotería El Ferial 7, will be recorded in the online account.

The amount of the prizes is transferred in its entirety to the users' online account, except, where appropriate, the corresponding tax withholdings according to current legislation.

In order for Lotería El Ferial 7 to transfer the prizes won by customers, users must proceed as follows:

If the prizes to be collected are for an amount less than two thousand euros (€2000), the customer must access the Lotería El Ferial 7 website and select the “Collect Prizes” option to order a bank transfer for an amount equal to or less than the prize, with the transfer being made effective within the following three business days, in accordance with the working calendar of Parla (Madrid). Lotería El Ferial 7 reserves the right to request from the user, prior to payment of the prize and by the means chosen by Lotería El Ferial 7, a legible and valid copy of the NIF/NIE, passport and original bank certificate (not a copy) of ownership of the bank account proving that the user is the same person as the one listed on the certificate of ownership of the winning ticket.

Payment of minor prizes can only be made to SEPA accounts. In the case of bank accounts outside of Spanish territory, payment may not be free, with all bank charges being the responsibility of the user. These payments can only be ordered if they are for an amount greater than € 50.

If the prizes to be collected are for an amount greater than two thousand euros (€2000), the client must send, prior to payment of the prize (as a necessary condition for the total or partial amount of the prize to be transferred to his/her bank account) and by the means chosen by Lotería El Ferial 7, a legible and valid copy of his/her NIF/NIE, passport, original bank certificate of ownership of the bank account proving that he/she is the same person as the person who appears on the certificate of ownership of the winning ticket, as well as a power of attorney granted in favour of Lotería El Ferial 7, authorising it to collect the prize on his/her behalf. The documents must be originals (not copies). Payment of prizes greater than two thousand euros (€2000) will only be made to a bank account in Spain in the name of the user account holder. If the user does not have a bank account in Spain, he/she must open an account in his/her name so that we can manage the payment of the major prize.

Once the documentation has been received and validated by Lotería El Ferial 7, the customer will be notified by telephone or email of the receipt and acceptance of the same, and may order the bank transfer at this time to collect the prize. The transfer will be made effective within the following thirty (30) working days, according to the working calendar of Parla (Madrid).

All expenses generated by the collection of the prize will be paid by the client.

Only when the winning ticket or tenth belongs exclusively to a customer, he or she may also go to the physical establishment of Lotería El Ferial 7 and collect the ticket or tenth in custody to manage the collection himself or herself, without prejudice to the fact that it will also be necessary to verify the identity of the customer.

The payment of prizes to bank accounts outside of Spanish territory will not be free, and all bank charges will be borne by the user, in addition, such payments can only be made if they are for an amount greater than € 50.

13. SHIPPING.

In the services that explicitly include the delivery of tickets and games, Lotería El Ferial 7 strives to use the most reputable transport companies to carry out the deliveries, requiring them to deliver within 24/48 hours, although it is well known that this activity is not free from errors and delivery problems.

Lotería El Ferial 7 cannot assume any responsibility for delays attributable to transport companies, although the Client may make a claim to Lotería El Ferial 7 in the event of errors in shipments:

(i) the purchased product will not be delivered to the recipient:

Once the transport company has verified the loss to Lotería El Ferial 7, Lotería El Ferial 7 will agree with the customer the sending of (i) another identical product that is available (e.g. another tenth of the same number), (ii) an alternative product if the one requested is out of stock or (iii) the refund of the price paid.

(ii) the product sent does not correspond to the one requested:

Lotería El Ferial 7 will do everything in its power to replace the products that were requested, if there are still availability, to replace them with others from among those that are available or to manage the return of the products and the refund of the price paid.

Under no circumstances will Lotería El Ferial 7 assume any responsibility for prizes that may have corresponded to (i) a lost product or (ii) a product requested and not sent.

Given the characteristics of the product purchased, claims that involve returns and reshipments of products that are made less than 14 days prior to the holding of the draw corresponding to the products purchased cannot be addressed.

In the event that the purchased products cannot be delivered to the Customer, they will be returned to Lotería El Ferial 7. The Customer will be responsible for paying the costs incurred by a second shipment when the first has not been made for reasons attributable to the Customer, such as, but not limited to, incorrect entry of data or delivery instructions or absence from the address at the time of delivery. The Customer and Lotería El Ferial 7 will understand the information provided by the transport company regarding the circumstances that occur during the process of delivering the products to be true.

The courier service is subcontracted to a company outside Inversiones Jaiku 2017 SL.

14. LIABILITY.

Lotería El Ferial 7 assumes no responsibility for:

(i)The operation of its Websites when any causes beyond the control of Lotería El Ferial 7 occur and cause the Websites to not be fully operational, or to eventually lack the minimum functionality to manage the relevant service.

(ii) The unauthorized use of the username and password assigned to the bettor or the use of false or incorrect data.

(iii) Errors made by the User when entering data when participating in the games and lotteries contracted.

(iv) The improbable but possible printing failures that exist in the communications that are sent, considering only the tickets and receipts in custody as valid.

(v) Possible errors or security deficiencies that may occur due to the use, by the User, of a browser of an outdated or insecure version, as well as by the activation of the devices for preserving passwords or identification codes of the user registered in the browser or damages, errors or inaccuracies that may arise from its malfunction.

(vi) Damages of any kind caused by illegal or fraudulent acts committed by users or third parties and which other users may suffer, except for the fault or fraud of Lotería El Ferial 7.

(vii) Damages and losses caused as a direct or indirect consequence of the User's failure to comply with these General Conditions, with Lotería El Ferial 7 reserving the right to take any legal action before the relevant judicial or police authorities.

(viii) Damages that may be caused by the information transmitted through its websites or in its electronic communications, including, without limitation, involuntary technical or human errors in the published data.

(ix) Regulatory changes in the Regulation of the products operated by State Lotteries and Betting or administrative and/or judicial resolutions that have a significant impact on the services provided by Lotería El Ferial 7 to its customers.

15. PRIVACY GUARANTEE.

Lotería El Ferial 7 guarantees all its clients the utmost confidentiality and secrecy, especially in the registration, game and prize collection processes, with all operations carried out by the user being subject to a strict duty of confidentiality on the part of Lotería El Ferial 7 and all employees working for the company. All of the above, without prejudice to any eventual legal or judicial requirements that may arise, and to which Lotería El Ferial 7 is bound.

16. MODIFICATION AND UPDATING OF THE CONDITIONS AND DURATION.

The owner may modify the conditions stipulated in these General Contract Conditions at any time, indicating such circumstance prominently on the website www.compraronlineloteria.com. These conditions will be in force until they are modified by later and duly published ones.

17. APPLICABLE LAW AND JURISDICTION.

The applicable Law in case of dispute or conflict of interpretation of the terms and conditions of these General Contracting Conditions, as well as the questions related to the services that are regulated in these, will be the Spanish one. For the resolution of any conflict or controversy that may arise during the visit to the website or the use of the services that may be offered on it, the owner and the user agree to submit to the Courts and Tribunals of Madrid (Madrid) .

18. CONTACT US.

If you have any questions about these General Terms and Conditions, you can contact us at the following email address: [email protected] . Any complaint received will be addressed within the one-month period established by Spanish consumer regulations.