These terms and conditions regulate the operation and functioning of the distance sale of services provided by Xfera Móviles, S.A.U. (hereinafter, “YOIGO”), with tax number (CIF) A-82528548 and registered office at Avenida de la Vega, 15, 28010, Madrid.
Likewise, these terms and conditions regulate the operation and functioning of the distance sale of services provided by Interbox Technology, S.L., with tax number (CIF) B-95783312 and registered office at calle Ibáñez de Bilbao, 28 – 8, 48009, Bilbao, Vizcaya.
1.1. The purpose of the distance sale of services offered by YOIGO is to sell the products provided by Interbox Technology, S.L. and the services offered by YOIGO (hereinafter, the “Service”), by means of a distance sales channel, in the Spanish territory. YOIGO is the provider of the landline and mobile telephone services, while YOIGO may also offer telephone devices (hereinafter, the “Products”) from Interbox Technology, S.L. in conjunction with that company. The Service is used by a service user (hereinafter, the “User”), and entails the full acceptance of all of these specific terms and conditions (hereinafter, the “Specific Terms and Conditions”), which, along with the General Terms and Conditions of the service offered by YOIGO and any Specific Terms and Conditions applicable, shall be made available on a permanent basis at the website www.yoigo.com.
1.2. The services provided by YOIGO, which can be contracted via the website www.yoigo.com or by calling the free telephone numbers provided for this purpose by YOIGO, are subject to the General Terms and Conditions of the postpaid (contract) or prepaid Service and any other terms and conditions issued to the User. The aforementioned terms and conditions shall be accepted by the User during the distance sales contracting process and confirmed where appropriate by YOIGO to the User on the completion of the contract process.
1.3. YOIGO reserves the right to unilaterally modify, at any time and without prior notice, the format, configuration and contents of the Service, as well as the Specific Terms and Conditions that govern the use of the Service, which will be applicable to new contracts taken out as of the time of modification.
2.1. Contract. By means of the website www.yoigo.com and the free telephone numbers established by YOIGO at any given time, the Service makes available to the User a range of products and services sold by Interbox Technology, S.L. and YOIGO, which can be contracted by the User by means of the various forms provided throughout the purchase process and on the express acceptance on the part of the User of these Specific Terms and Conditions and all other terms and conditions applicable to the product and/or service contracted.
2.2. Contract confirmation. Once the distance sale process has been completed, YOIGO shall provide the User with confirmation of the purchase made, including all terms and conditions applicable to the product and/ or service contracted. In the event that a transaction fails for whatever reason, YOIGO shall notify the User. To the extent permitted by law, YOIGO shall not be liable to the User for failed transactions.
3.1. Use of the Service provided by YOIGO is free to the User and does not require prior registration.
3.2. The User undertakes to use the Service correctly and responsibly and in accordance with the law in force, these Specific Terms and Conditions, and the generally accepted principles of ethics, decency and public order. The User undertakes to refrain from using the Service for purposes or effects that are illicit, harmful to the rights and interests of third parties, prohibited, in any way damaging to the Service, or that prevent the normal use and enjoyment of the Service, IT equipment, software, documents, files and any other kind of contents stored on the IT equipment belonging to YOIGO or third parties. YOIGO reserves the right to adopt any measures it considers appropriate to tackle cases where there is evidence indicating fraudulent use of the Service.
4.1. The maximum number of contracts for YOIGO mobile telephone services that a single User (identified with a particular national identification number, foreign identification number or passport) may subscribe to is three (3) in total, or ten (10) in total if the User is a legal entity, whether in the case of postpaid or prepaid services, and regardless of the date and channel by which subscription is effected (via website or telephone or in store).
In exceptional circumstances, YOIGO may authorize a User to subscribe to a number of contracts above the established limit, to which end the User must contact YOIGO’s Customer Care department by calling 800 622 800 (free of charge) or in the case of legal entities by calling 800 622 801 (free of charge) so that the Customer Care department can analyse this request. The User accepts that the decision to increase the number of contracts available to a User is exceptional, and corresponds exclusively to YOIGO in accordance with its business criteria, as well as its criteria to prevent fraud, non-payment, or the illicit use of YOIGO services.
5.1. The payment method shall be that selected by the User during the order process, and shall be chosen from among the payment methods accepted by YOIGO. The User may choose to pay via credit or debit card or payment by cash on delivery when the order is received at the address indicated by the User.
5.2. The credit card payment service is handled by a credit institution.
5.3. YOIGO is not liable for the confidentiality or security of information and data provided by the User when making payment for electronic or telephone purchases via credit card, given that the processing of this information and data is not exclusively controlled by YOIGO.
6.1. Once the contracting process has been finalized by means of the completion of the necessary forms and acceptance of the terms and conditions applicable to the products and/or service contracted, the logistics operator Interbox Technology, S.L. shall process the order, which will be delivered by means of a courier service. The logistics operator will deliver the order to the address indicated by the User, which must be within the Spanish territory.
6.2. The order must be received personally by the User, who will be required to prove their identity using their national identity document or equivalent and sign the delivery note.
6.3. The logistics operator shall deliver the order on the date indicated in the order confirmation e-mail received by the User or the date indicated during the telephone call in the case of telesales. Within a period of five (5) working days as of the date when YOIGO confirms that it has accepted the order, Interbox Technology, S.L. shall contact the User via text message to confirm the delivery date.
Within a period of five (5) working days from when YOIGO confirms acceptance of the order, Interbox Technology, S.L. shall contact the User by sending them an SMS message confirming the delivery date.
6.4. Notwithstanding, and for the purposes of information,
the estimated delivery dates as of the date when YOIGO
contacts the User are as follows:
- Mainland Spain -> five (5) working days.
- Balearic Islands -> five (5) working days.
- Canary Islands, Ceuta and Melilla -> ten (10) working days.
6.5. The User acknowledges that these delivery times are estimated and that deliveries may be subject to delays not attributable to YOIGO or Interbox Technology, S.L.
6.6. The User will be understood to have cancelled the contract if they cannot be located at the designated address on either of the two (2) delivery attempts organized by YOIGO through its Logistics Operator.
6.7. Delivery costs. Unless otherwise specifically established in the case of a specific order, the User will assume the costs of preparation, packaging and shipment of the products and/or services contracted, as well as any VAT charges where applicable. These costs shall be paid by the User along with the price of the product/ service using the same payment method. Unless expressly established, the cost of delivery to the address indicated by the User is eight euros (€8) (taxes included) per order.
7.1. When the order made by the User includes a telephone linked to a number porting request, the User shall be free to request cancellation of the number porting under the terms set out in the regulations governing number porting. If this cancellation takes place after the order has been sent out by YOIGO, the User may choose to: (I) reject the delivery of the device; (II) purchase the device at its normal price of sale (without the discount applied by YOIGO for the requested number porting); (III) return the device to YOIGO if number porting is cancelled after the order has been delivered. If the User chooses to return the device to YOIGO, the following procedures must be followed:
8.1. YOIGO does not guarantee the availability and continued functioning of the Service, its suitability for any purpose or use for any particular activity, or its infallibility.
8.2. To the maximum extent permitted by the regulations in force, YOIGO does not accept liability for any damages of any kind resulting from a lack of availability or lapse in the functioning of the Service, a lack of suitability of the Service for any particular purpose or use that the User may have attributed to the Service, or any failure of the Service.
9.1. For the purposes of compliance with the provisions of Organic Law 15/1999 of 13 December on the Protection of Personal Data and all implementing regulations, YOIGO informs the User that the personal data they provide during the contracting process shall form part of a file belonging to Xfera Móviles, S.A.U., with registered office at Avda. de la Vega, 15, 28108, Alcobendas, Madrid, and will be processed for the purposes of fulfilling the order, in accordance with the relevant provisions of the General Terms and Conditions of the prepaid and postpaid Services. The User may at any time exercise their rights of access, rectification, cancellation and opposition by writing to Xfera Móviles, S.A.U. at Avda. de la Vega, 15, 28108, Alcobendas, Madrid.
Likewise, for the purposes of compliance with the provisions of Organic Law 15/1999 of 13 December on the Protection of Personal Data and all implementing regulations, Interbox Technology, S.L. informs the User that the personal data they provide during the distance purchase of their products shall form part of a file belonging to Interbox Technology, S.L. with national identification number (CIF) B-95783312 and registered office at calle Ibáñez de Bilbao, 28 – 8, 48009, Bilbao, Vizcaya, for the purposes of fulfilling the order and invoicing the product.
9.2. The Customer declares that all of the data provided to YOIGO and Interbox Technology, S.L. during the contracting process are correct, and authorizes YOIGO to verify the veracity of said data.
9.3. Fields marked with an asterisk on forms or otherwise marked as mandatory during the telephone contracting process must be duly completed. Failure to complete or incorrect completion of the aforementioned fields may prevent the order from being processed.
In accordance with the provisions of YOIGO’s General Terms and Conditions concerning Postpaid Services and General Terms and Conditions concerning Landline Services, during the contracting process YOIGO may require the User to provide a non-interest bearing deposit or bank guarantee, or assign a credit limit or restrict the use of higher rate, additional rate and/or international services.
The User can make use of the following channels to submit a complaint to YOIGO within a period of one (1) month: Customer Services (by calling 622 from a YOIGO number) or 622 622 622 (from any other operator); mail to Xfera Móviles, S.A.U, Departamento de Atención al Cliente, Avenida de la Vega, 15, 28108 Alcobendas, Madrid, or e-mail to firstname.lastname@example.org. On receiving a complaint, YOIGO shall supply the User with a complaint reference number and, if requested, a document certifying that a complaint has been submitted and details of its contents. If the User is not satisfied with the resolution provided by YOIGO, they may submit a further claim within a period of one (1) month to the relevant consumer arbitration service or Secretary of State for Telecommunications and Information Society.
12.1. During the two (2) years following the date when the User purchases their device, if they observe that the device is not working correctly or in line with the manufacturer’s specifications they are entitled to a free replacement or repair of the device.
12.2. In all such cases YOIGO shall assess the device to identify the problem and whether the option chosen is disproportionate to the cost of the device.
12.3. To this end, Users should call YOIGO’s Customer Services on 622 free of charge from a Yoigo phone or 622 622 622 from any other operator (the cost of the call will depend on the operator in question) in order to inform them of the incident and be passed on to the relevant Technical Service, who will advise the User how to proceed. The Technical Service will proceed to repair or replace the device with a new one depending on the defect and the cost of repairs required.
12.4. YOIGO offers a phone loan service while the User’s device is being assessed or repaired, subject to availability.
Neither YOIGO nor Interbox Technology, S.L. concedes licenses or permits of any kind for the use of its industrial or intellectual property rights, or over any other property or right related to the Service.
The relationship between YOIGO, Interbox Technology, S.L. and the User shall for all effects and purposes be governed by Spanish legislation.
(This form must be completed and submitted only in the case of contract cancellation).
For the attention of YOIGO (Xfera Móviles, S.A.U.), Avda. de la Vega, 15, 28108 Alcobendas, Madrid, and email@example.com.
By means of this form I/we (*) declare that I/we (*) wish to cancel my/our contract concerning the purchase of the following product/provision of the following service (*).
Requested on/received on (*):
Name of consumer(s) or user(s):
Address of consumer(s) or user(s):
Signature of consumer(s) or user(s) (in the event that this form is submitted on paper):
In ________, on ____, of ________ 20
(*) Delete the option that does not apply.