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PARTICULAR TERMS AND CONDITIONS OF REMOTE SALES

These terms and conditions shall govern the operation and performance of the remote sales service of Xfera Móviles, S.A. (“YOIGO”).

1.- Object of service

The object of YOIGO’s remote sales service is the marketing in the Spanish territory, through a channel of remotes sales, of the products and services provided at any time by YOIGO (the “Service”). The use of the Service confers the status of user of the Service (hereinafter, the “User”), and implies the full acceptance of all these particular terms and conditions (the “Particular T&C”), which, together with the General T&C for the performance of the services offered by YOIGO, shall be permanently accessible at the web site www.yoigo.com.

The products and services provided by YOIGO, that may be contracted either at www.yoigo.com or by telephone using the free telephone numbers set up by YOIGO, shall be governed by the General T&C of the Service under contract (post-payment) or by a card (pre-payment), or by any other terms and conditions provided to the User, which shall be accepted by the Users during the process of remote contracting and confirmed in due time by YOIGO to the User upon completion of such contracting process.

YOIGO reserves the right to modify unilaterally, at any time and without notice, the presentation, configuration and content of the Service and the Particular T&C required for using it, which shall apply to any contracted Service thereafter.

2.- Contracting procedure

Contracting. The Service makes available, through the web site www.yoigo.com and by telephone call using the free telephone numbers set up by YOIGO, several products and services marketed by YOIGO, the contracting of which shall be implemented by the User completing the various forms displayed throughout all the purchasing process and by the express acceptance by the User of these Particular T&C and any terms and conditions applicable to the product and/or service so contracted.

In the contracting process through the web site www.yoigo.com, the remittance of the completed form (by clicking the relevant button) shall end the contracting process and mean the User’s full acceptance of the commercial proposal by YOIGO and the applicable terms and conditions. YOIGO shall keep a copy of such form for its own electronic records.

In the contracting process by telephone, the completion by telephone of the forms and the statements of consent required from the User shall end the contracting process and mean the User’s full acceptance of the commercial proposal by YOIGO and the applicable terms and conditions. In order to improve the security of the system and to keep evidence of the contract so made, YOIGO may, with the User’s previous consent, record such telephone calls.

Both in the contracting process by telephone and via the www.yoigo.com Web site, when the User is a legal entity in addition to the previous actions it will also be necessary for the User to send some supporting documents. The remote sales process will be considered finalised when this documentation has been checked by YOIGO,

In any case, no cost shall be charged for any telephone calls at the free telephone numbers set up by YOIGO for contracting YOIGO’s products and services.

Contracting Confirmation. Alter completing the process of remote sale, YOIGO shall send the User a confirmation of the purchase so made, including all terms and conditions applicable to the contracted product and/or service. If any transaction fails for any reason, YOIGO shall notify the User. To the extent permitted by law, YOIGO shall have no responsibility to the User for any failed transactions.

In the contracting process through the web site www.yoigo.com, YOIGO shall confirm such process by sending an e-mail with the contracting confirmation and the applicable terms and conditions. On the other hand, in the contracting process by telephone, YOIGO shall deliver the User a hard copy of the terms and conditions applicable to such contracting upon delivery of the order at the address specified by the User.

3.- Usage conditions

The use of the Service by YOIGO is free for the User and does not require any previous registration.

The User agrees to use the Service correctly and diligently in accordance with law, these Particular T&C, generally accepted customs and practices and the public order. The User agrees to abstain from using the Service with unlawful purposes or effects that may damage the rights and interests of third parties or be prohibited or that otherwise may damage the Service or prevent the normal use or enjoyment of such Service, the hardware, software, documents, files and any contents stored in the computer equipment of YOIGO or any third parties. YOIGO reserves the power to take any measures it may deem appropriate if there are any signs of fraudulent use of the Service.

4.- Limitation on subscriptions

The maximum number of contracts for services of mobile telephone of YOIGO that a single User (as identified with a specific Tax Id. No. (NIF), Foreigner’s Id. No. or Passport) may subscribe is three (3) contracts as a whole and ten (10) contracts in total when the User is a legal entity, either under a contract (post-payment) or by a card (pre-payment), and regardless of the time at or method through which they had been subscribed (web site, telephone or store). As an exception, YOIGO may authorise the subscription by the User of a number of contracts exceeding this limit. To that effect, the User shall contact the customer care line of YOIGO at 800 622 800 (toll free) or in the case of legal entities at 800 622 801 (toll free), for subsequent consideration of such request by the customer care service. The User hereby accepts that the decision to increase the limit of contracts is an exceptional decision to be taken only by YOIGO in accordance with its business policies and guidelines to prevent risks of fraud, delay in payments and unlawful use of YOIGO’s services.

5.- Payment

The payment for the order shall be made by the method that the User may, upon making the order, elect among the methods of payment permitted by YOIGO. The User may elect to make the payment either by credit or debit card or by cash on delivery of the order at the address specified to YOIGO by the User.

Payment by Credit or Debit Card. The payments may be made with the following cards: VISA, VISA Electrón, MasterCard, Maestro, 4B, and Red 6000. The holder of the card for making the payment shall be the User who had contracted the products and/or services of YOIGO.

Payment by Cash on Delivery. The products and/or services of YOIGO may be paid in cash upon receipt of the order by the User at the specified address. This method of payment shall be charged with an amount of four euros (€4) (including taxes) to be added to the price for the elected product and/or service.

The service of payment with credit card shall be managed by a credit institution.

YOIGO disclaims any responsibility related to the confidentiality and security of the information and data supplied by the User upon payment for his/her purchases by electronic means or by telephone using a credit card, to the extent that the processing of such information and data shall not be under the exclusive control of YOIGO.

6.- Shipment

Once the process of contracting is ended by completing the required forms and the acceptance of the terms and conditions applicable to the product and/or service so contracted, YOIGO shall carry out the shipment of the order to the address specified by the User, which shall be within the Spanish territory. Such order shall be managed by the logistic company Dextra Móviles S.A.U. (the “Logistic Operator”), with Tax Id. Code (CIF) A81971699 and offices at Calle Garzas no. 1, Pinto (Madrid), and delivered by an express courier service.

The order shall be received personally by the User, who shall give evidence of his/her identity by producing his/her national identity card (or equivalent document) and sign the delivery note.

YOIGO shall deliver the order within not later than thirty (30) days after placing said order. Within five (5) business days after the User has placed the order, YOIGO shall contact the User by sending a text message in order to confirm the date of delivery. The estimated time of delivery (from this contact), is as follows:

The User hereby acknowledges that these timing periods are an estimate, and that the shipments may be delayed beyond the control of YOIGO or the Logistic Operator.

The contract shall be deemed to be terminated by the User if he/she is not at the specified address upon any of the two (2) attempts of delivery to be made by YOIGO through the Logistic Operator.

Shipment Costs. Unless it is specifically established otherwise for any particular order, the expenses for conditioning, packaging and shipment of the contracted products and/or services, together with the VAT and other applicable taxes, if any, shall be borne by the User, who shall pay them together with the price and by the same method elected for paying such price. Unless it is expressly established otherwise, the cost of shipment to the residence or address stated by the User is eight euros (€8) (including taxes) per order.

7.- Right of termination

The User shall have a period of seven (7) business days after the receipt of the product and/or service for terminating the purchase contract and requesting the refund of the paid price by fulfilling all of the following steps:

1. To contact YOIGO by a call to the free customer care service line at 800 622 800 (toll free) or 800 622 801 if the User is a legal entity, stating the intention to terminate the contract, or by any other system implemented by YOIGO for the exercise of such termination;

2. YOIGO shall collect the product at the address specified by the User to that effect. The product shall be in its original package containing all its accessories (charger, battery, etc.) in perfect state. The serial telephone number (IMEI) shall also coincide with that appearing on the original box and with that associated to the SIM card sent to the User; and

3. To submit the original purchase invoice.

The exercise of this right shall be at no cost for the User, except for the direct cost of returning the product to YOIGO, which shall be fully borne by the User.

Furthermore, an essential requisite for the right of termination of the contracted service to be exercised shall be that the performance of such service had not been started. In any event, the performance of the service shall be deemed to be started upon making the first call.

The refund of the paid price shall be made within fifteen (15) days either after notice of termination had been given or after YOIGO had received the product in the conditions set forth in this Clause, by bank transfer to an account specified by the User during the process of purchase by the requesting party if the payment was made by cash on delivery or by refund to the credit or debit card if the payment was made with a credit or debit card.

8.- Availability of service

YOIGO does not warrant the availability and uninterrupted operation of the Service or its adequacy for any purpose or fitness for any particular activity or its accuracy.

To the maximum extent permitted by the applicable regulations, YOIGO disclaims any liability for any damages that may derive from no availability or interrupted operation of the Service or from no adequacy or fitness for any purpose that the Users might ascribe to the Service and any malfunctions of the Service.

9.- Personal information

For the purposes of compliance with the provisions of the Spanish Basic Act 15/1999, of 13 December, on Protection of Personal Information and other regulations developing it, YOIGO hereby informs the User that any personal information that the User may provide throughout the contracting process shall become a part of a file held by Xfera Móviles, S.A., with offices in Alcobendas (Madrid), Avda. de la Vega, 15 (28108), and shall be processed in order to issue the order and in accordance with the provisions of the General T&C of pre-payment and post-payment Services. The User may exercise the rights of access, rectification, cancellation and objection by writing to Xfera Móviles, S.A., Avda. de la Vega, 15, (28108), Alcobendas (Madrid).

The User hereby states that all and each of the data provided to YOIGO in the contracting process are accurate, and authorises YOIGO to verify the accuracy of such data

Any data marked with an asterisk in the forms or specified as compulsory during the contracting process by telephone should be compulsorily completed. Failure to complete or the incorrect completion of them shall prevent the processing of the order.

10.- Guarantee deposit for post-payment

Pursuant to the provisions of the General T&C of the Post-Payment Services of YOIGO, YOIGO may, during the contracting process, request from the User the creation of a guarantee by a deposit in cash with no interest or a bank guarantee, and assign to the User a credit limit or restrict the use of services of higher rates, additional rating and/or international services to the User.

11.- No grant of licenses

YOIGO does not grant any license or authorisation of use of any kind on its industrial and intellectual property rights or on any other property or right related to the Service.

12.- Governing law

The relationship between YOIGO and the User shall be governed for any relevant effects by Spanish law.