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1.1. The Sol y Luna Projects S.L. – hereinafter referred to as “Sol y Luna“– mediates the participants in the draws of state lottery companies. On the basis of this mediation by Sol y Luna, the game participants can participate in lottery draws of state lottery companies. Hereby, Sol y Luna always deals with the state lottery companies in the name and on the account or on behalf of the game participant.
1.2. Between the game participant and Sol y Luna, an agency agreement is concluded. Between the game participant und the respective state lottery company, a wagering contract is concluded.
1.3. For the contractual relationship between the game participant and Sol y Luna, the general terms and conditions for mediating the participation in state lottery draws (“SLD“) are applicable; for the gaming agreements between the game participant and the respective state lottery company, which are conclud-ed with the mediation of Sol y Luna, the general terms and conditions of the corresponding state lottery company are applicable.
2.1. The game participant authorizes Sol y Luna to place with the respective state lottery company the game tickets which have been transmitted to Sol y Luna by him via the Internet. Furthermore, the game participant authorizes explicitly Sol y Luna, if necessary, to collect the game winnings from the respective state lottery. Hereby, Sol y Luna is authorized to use the service of a trustee.
2.2. At the time of placing the line, the concrete SLD becomes part of the contract in its currently applicable version on the website. The game participant recognizes it for a first time with his registration and then for every line at the latest with the obligatory submission of his game ticket. The SLD can be called up on the websites of Sol y Luna. This is true also for any changes and extensions of the SLD as well as for special conditions and other announcements.
2.3. Persons younger than 18 years of age are excluded from the mediation for participation in the draws of state lottery companies, unless when in the country of origin of the game participant there are other legal regulations in this respect. If according to a national regulation the participation in the draws of state lottery companies is permitted for persons younger than 18 years of age, then this regulation is applied.
2.4. For the content of the wagering contract to be concluded with the respective state lottery company regarding the required (minimum) age of the game participants, the general terms and conditions of the respective state lottery company are also applied.
2.5. Any game participant can be excluded by Sol y Luna from the mediation of the participation in the events of the state lotteries without providing any reasons for that. Sol y Luna will use such exclusion (suspension) in particular when the specified limit of the virtual client accounts has been exceeded, when there is no coverage of the virtual client account, when a conducted creditworthiness check has given a negative result or when the game participant was registered more than once.
2.6. Sol y Luna has the right to change the game stake limit at any time – and this also for each game participant individually.
2.7. The game participant declares that his participation does not violate the laws of his country of origin and that according to them he has the right to participate.
2.8 Sol y Luna has the right, after the expiration of a period of six months after the respective draw, to destroy the originals of the game receipts.
3.1. Prior to his first participation in the game, the game participant must register electronically according to the established method by providing the information that is necessary for processing the orders. Hereby, he receives his personal customer number (“ID“). In the framework of the registration, a virtual account number is established for the game participant. As an access parameter for the registration, the game participant must provide in the framework of his registration a valid e-mail address as well as an arbitrary password. If necessary, this password can be changed later by the game participant. The multiple registration of one and the same game participant is not permitted. Sol y Luna reserves the right to reject a registration without providing any reasons for that.
3.2. The duration of the participation in the game is determined by the game participant on the basis of the rules for the respective game.
3.3. The lines and the fees are collected in advance prior to the start of the corresponding period of time for all selected draws. If the game account does not have sufficient coverage – in particular in the case of a multi-draw extension – Sol y Luna is required to charge the last used means of payment.
3.4. When there is an order, Sol y Luna transmits the game ticket to the respective state lottery company. The prerequisite for this is that the virtual client account – at the point in time of transmitting the game ticket to the state lottery company – covers the game line plus the fees. If the virtual client account does not show the necessary coverage, the game tickets are not transmitted and do not participate in the draw.
3.5 On their site under “Active tickets”, Sol y Luna offers a convenient option for the clients to cancel a multi-draw form at any time till 08.00 CET on the respective drawing day (Thursday and Friday). However, if the client does not use this possibility and authorizes Sol y Luna per e-mail for the cancellation of a multi-draw form, then this is considered executed when the client receives a confirmation mail from Sol y Luna.
4.1. After the transmission of the game ticket, Sol y Luna will forward the game ticket to the corresponding state lottery company in the name and on the account as well as on behalf of the game participant. When the state lottery company receives the game ticked, which has been forwarded by Sol y Luna in the name and on the account as well as on behalf of the game participant and within the offer for conclu-sion of the wagering contract, it declares that to Sol y Luna, which has been authorized by the game par-ticipant to receive such declarations.
4.2. After the conclusion of the wagering contract, the game participant can see his participation confirmation online and receives also a confirmation per e-mail. This requires of course that the client’s virtual account has the corresponding coverage (see Section 3.3) and the state lottery company accepts the game tickets forwarded by Sol y Luna; in such a case, the game participant is entitled to winnings.
4.3.If the state lottery company does not accept the game ticket forwarded by Sol y Luna in the name and on the account as well as on behalf of the game participant, Sol y Luna will inform the game participant about that. In this case, no wagering contract is concluded and the game stake and the processing fees are restituted to the game participant.
4.4. In the case when, due to oversight, the game ticket transmitted by the game participant is not forwarded, not correctly forwarded or not completely forwarded to the state lottery company, Sol y Luna is liable only in the case of gross negligence. In such cases, Sol y Luna restitutes the stake to the game participant. Furthermore, in such a case, if it is established that in the case of a correct forwarding of the game ticket of the game participant to the state lottery the game participant would have won, half of the missed winning amount – but to a maximum of EUR 5,000.00 – is paid to the game participant.
4.5. Sol y Luna shall not be held liable at all in the case of non-acceptance of the game ticket of the game participant by the corresponding state lottery company. Moreover, Sol y Luna shall not be held liable at all for errors in the area of the corresponding state lottery company. And finally, Sol y Luna shall not be held liable for any malfunctioning of technical facilities for which it is not responsible (computers).
4.6. After conclusion of a wagering contract, the game participant has the possibility to view the placed order as well as the set numbers on the website of Sol y Luna.
4.6. All offered products are games of state lotteries and are forwarded to their licensees or directly to the state lotteries, respectively.
Independently from the acceptance cut-off times of the state lotteries for the corresponding draws, Sol y Luna has established its (own) acceptance cut-off time at 19:00 CET of the respective drawing day for mediation of the participation in the events of the state lotteries. The offers of the game participant, which have arrived after this acceptance cut-off deadline, are valid for the next drawing.
6.1. The price information, which has been provided in the product details at the time of placing the line, is valid exclusively.
7.1. Sol y Luna opens for every game participant – in accordance with Section 3.1 – a client’s virtual account, which must be respectively covered prior to the forwarding of the game ticket to the state lottery company. In the case when the client’s virtual account is covered only partially, Sol y Luna will forward the game tickets to the state lottery company within their available coverage in the time sequence of their arrival.
7.2. At the time of placing the line by the game participant, the game tickets, which are not covered or are only partially covered, are not forwarded. The order of the game participant related to them is not ac-cepted and is invalid even when the client’s virtual account shows a corresponding coverage at a later time.
7.3. Deposits in the client’s virtual account for submission of game tickets can be made by means of the deposit options offered on the website.
8.1. The amounts the game participant has paid by credit card are credited to the client’s virtual account. Once the deposits were made by credit card to the client’s virtual account, they must be used only for game lines and may not be transferred to another account or utilized otherwise.
8.2. For deposits under the minimum limit of EUR 10.00, EUR 0.35 are charged for every transaction. If a game participant deposits less than EUR 10.00 and wants to place only one line for one game ticket, he must pay the line costs and the transaction cost of EUR 0.35.
9.1. Bank transfers are posted by Sol y Luna to the client’s virtual account and credited for payment of game lines only after the amount has been deposited to the collective account. In the case of bank transfers, only the e-mail address used at the registration must be entered in the intended use field.
9.2. All deposits and debits as well as the clearance of the individual participations take place through the client’s virtual account of the game participant. set up.
9.3. The game participant has the right to withdraw at any time the balance of his client’s virtual account which is a result of possible winnings. However, amounts under EUR 25.00 are not paid out due to the disproportionate costs related to that. The game participant receives the amount to be paid out via bank transfer to a bank account in euros provided by him. The provided bank account must be on the name of the game participant.
9.5. The payments on the client’s virtual account can not be replaced by cash. When payments must be cancelled, the amount of the respective means of payment is again credited. The processing fees charged by the provider of the means of payment are charged further to the game participant and are deducted from the credited amount.
9.6. For all cases of Section 9.5, in the absence of other agreement, the following is valid: In the case of approval of the repayment, a flat amount of 5% processing fee is deducted and the payment is made af-ter 31 days. Furthermore, the following is also valid: By taking into account the disproportionate costs – as agreed upon - the amount that is paid out must be greater than EUR 25.00.
9.7. Due to security grounds, sums above EUR 1,000.00 are paid out only after sending a copy of an ID card (front and back side) and providing bank account details in writing. The name of the person and the date of birth must coincide with the registered data. Based on the additional costs at the payment of the winning, a processing fee of 2% is deducted. Under certain circumstances, the payments of sums above EUR 1,000.00 can take longer than 4 weeks, which is due to the delayed payment by the state lottery company.
9.8. The costs within the framework of a standard EU transfer (payments up to a maximum amount of EUR 50,000.00) are taken over by Sol y Luna.
9.9. All other incurred bank charges and eventual extra costs related to the payment transactions and caused by the game participant are at the expense of the game participant.
9.10. Sol y Luna reserves the right to verify the validity of the provided user data as well as the creditwor-thiness of the clients.
9.11. The client’s virtual account is closed when a period of one year since the last logging has expired. At least one month prior to the closure of the client’s virtual account, the game participant is informed three times in writing about this situation. If the client’s virtual account has a positive balance and Sol y Luna has been provided the details of a valid bank account, then with the closing of the client’s virtual account, the balance of the client’s virtual account is transferred to the specified bank account. If Sol y Luna has no knowledge of a valid bank account, the eventual balance is withdrawn and is stored for three years in a fiduciary capacity in a collective account. If in the course of these three years Sol y Luna has not received any knowledge of a bank account, the balance remains for the benefit of Sol y Luna.
9.12. All winnings are credited directly to the client’s virtual account of the game participant.
9.13. The winnings can be transferred to the game participant only after they have been paid out by the respective state lottery company to Sol y Luna.
The password for the access-protected area of the Internet offer by Sol y Luna must be kept strictly con-fidential and must be changed in regular intervals (at the latest every 4 weeks). If the game participant violates these due diligence obligations and an unauthorized third party has obtained access due to knowledge of the password, the eventual losses are at the expense of the game participant.
11.1. Sol y Luna is liable for its legal representatives and its agents only in the cases of premeditation and gross negligence.
11.2. The liability is limited to the direct damages. Sol y Luna is not liable for the indirect damages or the consequential damages arising from the incident causing the damage.
12.1. Every game participant agrees to the storage of his personal data. He can view them at any time. With respect to the personal data of the game participant, Sol y Luna complies with the legal data-protection regulations based on the standard of the European Union. The data are handled in a strictly confidential manner. Only data, which serve for the purpose of the payment transactions, are provided to the banking institutions. The game participant agrees that his personal data can be used inside the company.
12.2. Sol y Luna takes adequate technical measures to prevent, within the reasonable technical possibilities, the access of unauthorized third parties to the data of the game participant. In particular, the com-munication between the game participant and Sol y Luna for the registration as well as for the entire data exchange is performed in encrypted form until its cancellation.
The applicable law for this contract and for the disputes arising from it is the law of the country where the mediator has its head office. The competent court is the competent court at the location of the head of-fice of the mediator.
The original of the presented Terms and Conditions has been prepared in Spanish language and is translated into other languages. In case of doubt, the Spenish language version has exclusive validity.