In accordance with the provisions of the law 7/1998, of 13 of april, over general terms of engagement (ley sobre condiciones generales de la contratación) the parties to this agreement accept and acknowledge the following basic terms (notwithstanding its further development and deeper explanation in this document) before entering into this agreement,
Brief description of the services provided by Ripalia:
Ripalia 5000 SL (RIPALIA) will,
(i) render a Non Fungible Token (NFT) to the disposal of the User (‘User’ as defined in section 1. below) . To that end the services offered by Ripalia are limited to provide all the necessary means so that the User (in accordance with the terms set out herein) may mint the NFTs taking ownership of the same. The NFTs are digital collectibles and are not to be considered an investment vehicle or subject to speculative purposes.
(ii) provide the User with a decryption key segment (the Decryption Key Segment’) so they can interact with other Users in an innovative, open-ended, one-off and non-commercial social coordination game (‘The Game’).
The decryption key segment herein referred will be provided to the electronic wallet address used by the User to mint the NFT. The User acknowledges that transferring the NFT may imply rendering the Decryption Key Segment useless and not being able to interact with other Users, being therefore unable to take part in The Game
Ripalia may provide free-of-charge tools such as but not limited to a user interface, technical guides, and decryption software to assist the Users on their social interaction. Any tool provided free of charge is NOT considered to fall within the scope of these Terms & Conditions and will be provided at RIPALIA’s sole discretion.
The services provided by RIPALIA are further explained in section 2 to these terms and conditions
Price of the service including any further expense:
Each NFT does not have a pre-defined retail price. The final price will be determined in a public auction through a bidding mechanism determined by RIPALIA)(further information on the bidding mechanism can be found in section 2.2 and 2.4 to these terms and conditions) the provision of The Game is included within the purchase price of the NFT .
Further to the final price to be paid in order to obtain the NFT, the User will incur in expenses derived from interacting with the blockchain network on which the NFTs are generated. Such expenses are not charged by, or collected by Ripalia and the cost may vary depending on the network conditions.
Further, the final price to be charged by Ripalia will include the corresponding VAT if applicable.
Contract duration:
This contract will terminate upon minting of the NFT by the User and delivery of the Decryption Key Segment to the User. Within the terms of this Terms and Conditions delivery shall be understood as having effectively being performed through actions such as but not limited to: publication of the decryption key in a dedicated site, direct remittance to the User electronic wallet address, direct remittance to the user email and publication on third party sites.
User obligations duration:
The User obligations towards Ripalia will terminate upon minting of the NFT and receiving the Decryption Key Segment . The Users shall familiarize themselves with the technical requirements referred to in these terms and conditions in order to be able to receive Ripalia’s services.
These Potion NFT Public Sale Terms and Conditions constitute a legally binding agreement (hereafter these “Terms & Conditions”) between Ripalia 5000 S.L. Calle Aribau 168, 1º,1ª, Barcelona, Spain; holding Tax Identification Number (CIF) B16980930, incorporated through public deed issued by the Public Notary Mr. Ignacio Javier Boisán Cañamero , in Barcelona , on the 6th day of October 2021, under the protocol number 3391, and registered in the Companies Register of Barcelona, Volume 48035, Page 90, Sheet 570197 (“RIPALIA”), on the one hand, and any person, customer, or entity who or which participates at the Auction (as defined in Section 2.2 below) and/or has successfully submitted a successful bid and has been granted the ownership of one or more Potion NFTs (as defined in Section 2.1) in accordance with these Terms & Conditions (each referred to as the “User” and collectively as “Users”).
By bidding at the Auction, the User acknowledges, agrees to, and consents to be bound by these Terms & Conditions and such additional terms and conditions as may be set out or referenced on any of RIPALIA’s Sites (as defined below) which the User accesses or utilizes in connection with the Auction and/or Potion NFTs (together, the “Relevant Terms”). The User is expected and requested to review the Relevant Terms in full. If the User does not agree to any terms included in any of the Relevant Terms, or any consecutive amendments or updates thereto, the User may not bid at the Auction, purchase any Potion NFTs or benefit from the rights granted by these Terms & Conditions to the Owner. These Terms & Conditions govern and define the terms of sale of Potion NFTs by RIPALIA to the User as part of the Auction. None of the Relevant Terms create any agency, partnership, or joint venture between RIPALIA and the User.
The word “including” or any variation thereof as used in these Terms & Conditions means “including, without limitation” and shall not be construed to limit any general statement that it follows to the specific or similar items or matters immediately following it.
By accessing and/or utilizing the services of RIPALIA, or any products or features provided on RIPALIA’s platform located at https://potion.auction and https://onboarding.potion.auction/ (or any replacement URL from time to time) (collectively, the “Platform”), or signing up for any associated websites, APIs, or mobile applications (together with the Platform, “RIPALIA Sites”), the User confirms and consents to be bound by the terms and conditions referenced on RIPALIA Sites and all of the terms and conditions incorporated therein by reference (collectively, the “Platform Terms & Conditions”). The Platform Terms & Conditions may be amended and/or updated at any time at the sole discretion of RIPALIA, and the amended versions will be considered effective as of the date and time published on RIPALIA Sites. RIPALIA may or may not choose to provide the User with a summary of changes by email or otherwise at its discretion or update the date near the top of the Platform Terms & Conditions. Any amendment or update to the Platform Terms & Conditions is considered effective whether or not an email or any other notice thereof is sent to the User. To the extent there is a conflict between these Terms & Conditions and the Platform Terms & Conditions, these Terms & Conditions control.
RIPALIA provides the User with the ability to purchase Potion NFTs at the Auction. Any purchase of Potion NFTs that the User makes via bidding at the Auction or otherwise, as well as the use of any products, features and/or services provided on RIPALIA Sites, is entirely at the User’s own risk. RIPALIA will not indemnify the User, in any manner whatsoever, for said bidding, purchase or use or owe any legal duty or obligation to the User beyond delivery of Potion NFTs to the User, as provided below. The User bears full responsibility for verifying the identity, legitimacy, and authenticity of Potion NFTs purchased. RIPALIA makes no representations or warranties regarding the identity, legitimacy, or authenticity of Potion NFTs acquired from third parties other than RIPALIA.
The User is required to have a compatible and permitted third-party electronic wallet extension (“Wallet Extensions” as detailed in Section 2.4.3 below) in order to be able to make a purchase of Potion NFTs on RIPALIA Sites and/or use any other service provided by RIPALIA. RIPALIA reserves the right to unilaterally decide which Wallet Extensions may be used on RIPALIA Sites to mint, transact, or otherwise interact with Potion NFTs. RIPALIA does not store, send, or receive any Potion NFTs and instead leaves it up to Users to directly cause the receipt of Potion NFTs by way of minting with their Wallet Extensions. Wallet Extensions may come with their own terms and conditions, independent of RIPALIA. RIPALIA is not a custodian, exchange, or money and/or cryptocurrencies transmitter. RIPALIA is not responsible for any actions that occur to any Potion NFTs custodied by Users. The User is entirely responsible for the safety, security and management of their digital wallets and/or Wallet Extensions and for validating all transactions and contracts generated by the Platform or any website before approval. As Potion NFTs are created via smart contract functionality, it is not possible to undo, reverse, or restore any transactions.
For the best experience RIPALIA recommends using a dedicated Metamask wallet for usage in connection with the Platform. The recommended process would be to: