§ 1 Scope
1.1 These General Terms and Conditions (hereinafter referred to as "GTC") apply to all contracts concluded between Blockmine Data GmbH, represented by the Managing Director Ricardo Leone, Magirus-Deutz-Straße 12, 89077 Ulm (hereinafter referred to as "we" or "us") and you, our customer (hereinafter referred to as "customer"), via our website or by other means. Our offer is addressed exclusively to entrepreneurs in accordance with § 14 para. 1 BGB (German Civil Code) who, when concluding the contract, act in the exercise of their commercial or independent professional activity.
1.2 The special agreements made in the context of the purchase contract concluded between you and us result primarily from these Terms and Conditions of Sale, our written order confirmation and our declaration of acceptance.
1.3 The version of the GTC valid at the time of the conclusion of the contract is always decisive for the conclusion of the contract. These terms and conditions also apply to future business relationships, even if they have not been expressly agreed again.
1.4 We do not accept deviating terms and conditions of the customer, even if we have not expressly objected to the inclusion.
1.5 Our terms and conditions apply exclusively to contracts with entrepreneurs in accordance with § 14 BGB.
§ 2 Conclusion of contract
2.1 Contracts can be concluded either via our website or through an offer and its acceptance. In this case, the contract is concluded with the acceptance of the offer by the offering party. The provisions of the individual contract take precedence over these terms and conditions, but these terms and conditions also apply to contracts that are concluded outside the website through offer and acceptance.
2.2 When concluding a contract via the website, the following conditions apply: The presentation and advertising of articles on our website does not constitute a legally binding offer to sell.
2.3 By submitting an order via the website and clicking on the button "order with obligation to pay", you submit a binding purchase offer. You will be bound to the order for a period of two (2) weeks from the date the order has been placed; Your statutory right of revocation remains unaffected.
2.4 We will immediately confirm receipt of your order on our website by e-mail. However, this e-mail does not constitute a binding acceptance of your order, unless we expressly declare acceptance of the order in this e-mail.
2.5 A contract is only concluded when we confirm your order by means of a declaration of acceptance by separate e-mail (order confirmation) or by delivery of the ordered items. We will send you the text of the contract, consisting of your order, the terms and conditions and our order confirmation, with the order confirmation or in a separate e-mail, but at the latest upon delivery of the goods, on a durable data carrier.
2.6 We only accept orders for deliveries abroad from a certain minimum order value. The exact minimum order value can be found in our price information provided on the website.
2.7 If it is not possible to deliver the goods you have ordered, for example because the goods in question are not in stock, we will refrain from issuing a declaration of acceptance. In this case, no contract is concluded. We will inform you of this immediately and immediately refund any consideration already received.
2.8 The language of the contract is German.
§ 3 Terms of delivery and reservation of payment in advance
3.1 The delivery period begins with receipt of full payment.
3.2 Unless otherwise agreed, the delivery period is 30 working days.
3.3 The delivery will only be carried out after confirmation of receipt of payment.
3.4 Blockmine Inc., based in the United States, provides the hosting service and acts as a direct contractual partner for hosting contracts. In the case of a purchase of hardware with hosting, it is delivered directly to the hosting center. If the delivery is made to a data center outside the EU, a net invoice will be issued. Delivery shall be deemed to have taken place as soon as it has been received by the hosting partner. The hosting contract is created separately by the hosting partner and shipped within 24 hours of placing the order on the website. Should the customer fail to sign this contract, we reserve the right to deliver directly to the customer. In this case, the customer is obliged to pay shipping costs and VAT.
§ 4 Prices and shipping costs
4.1 All prices quoted on our website are net prices, to which the statutory value added tax and any shipping costs incurred are added.
4.2 The shipping costs are listed in the price information on our website. The total price including VAT and shipping costs is also displayed in the order overview before sending the order. Any customs duties or other costs incurred for international shipments are to be borne by the customer.
4.3 If we execute your order in several partial deliveries, shipping costs will only apply to the first partial delivery. However, if you expressly request partial deliveries, shipping costs will be charged for each of these deliveries.
§ 5 Terms of payment, set-off and right of retention
5.1 Payments on our website can be made by bank transfer, credit card and cryptocurrency. All payment transactions are carried out in strict compliance with the applicable data protection regulations. All payment information is encrypted to ensure security.
5.2 You are entitled to offset against our claims if your counterclaims have been legally established or are undisputed. You may also be entitled to offset if you assert claims for defects or counterclaims from the same purchase contract.
5.3 As a buyer, you can only exercise a right of retention if your counterclaim results directly from the same purchase contract.
§ 6 Retention of title
The delivered goods shall remain our property until all claims arising from the contractual relationship have been settled in full. Within the scope of your ordinary business operations, you are entitled to resell the reserved goods, provided that you have ensured that the claims to which you are entitled are transferred to us in accordance with the following provisions. In the event of a resale of the goods subject to retention of title, you hereby assign to us the claims against your customers arising from the resale up to the amount of our claims. This assignment shall apply regardless of whether the reserved goods have been resold without or after processing. They remain authorized to collect the claim even after the assignment. Our authority to collect the claim ourselves remains unaffected. However, we will not collect the claim as long as you meet your payment obligations from the proceeds received, are not in default of payment and, in particular, no application for the opening of insolvency proceedings has been filed or payments have not been suspended.
§ 7 Commercial use
By purchasing the products offered on our website, you acknowledge and declare that they will be used exclusively for commercial purposes and not for private or personal purposes.
§ 8 Warranty
8.1 We assume liability for material defects and defects of title of the delivered items in accordance with the applicable statutory provisions, in particular §§ 434 ff. BGB. For entrepreneurs, the warranty period is 12 months, starting with the handover of the goods.
8.2 You are obliged to immediately inspect the goods received for obvious defects and to report them immediately. The same applies to hidden defects discovered later. Violations of your obligation to inspect and give notice of defects will lead to the exclusion of warranty claims.
8.3 In addition to the claims for material defects and defects of title pursuant to paragraph 1, there may be warranties provided by us or the manufacturers of certain items. The details of the scope of such warranties can be found in the respective warranty conditions, which are attached to the articles, if any.
8.4 If the hashrate of the product delivered to you is lower than agreed, you will be reimbursed the difference according to the €/TH rate.
§ 9 Liability and exclusions of liability
9.1 In accordance with the statutory provisions, we shall be liable without limitation for damages based on intent or gross negligence. Liability refers to all cases of contractual and non-contractual liability for damages or reimbursement of futile expenses.
9.2 In other cases, unless otherwise stipulated below, we shall only be liable in the event of a breach of an essential contractual obligation (cardinal obligation). Our liability is limited to the foreseeable damage typical for the contract. In all other cases, our liability is excluded, subject to the provision in paragraph 3.
9.3 Our liability is unlimited in the event of damage resulting from injury to life, limb or health. The same applies to claims under the Product Liability Act, notwithstanding the above-mentioned limitations and exclusions of liability.
9.4 The limitations of liability mentioned in paragraphs 1 and 2 shall also apply to our legal representatives and vicarious agents if claims are asserted directly against them.
9.5 Our liability is excluded for defects caused by the hardware or software you use, outdated drivers or incorrect operation of the hardware.
9.6 We accept no liability for delays in delivery caused by the manufacturer or force majeure, including but not limited to war, strike, natural disasters of all kinds, pandemics or epidemics, as well as official orders based thereon. You are not entitled to compensation due to such delays in delivery.
9.7 You are obliged to accept the delivery within 7 days of dispatch, unless you are temporarily prevented from doing so through no fault of your own.
9.8 If delivery is not possible due to reasons for which you are responsible and the goods are returned to us by the transport company, you shall bear the costs for the unsuccessful shipment.
9.9 When the goods are handed over to the transport company, the risk of accidental loss and accidental deterioration passes to you. In case of loss or damage to the goods in transit, please contact the transport company directly.
Section 10 Copyrights
Our company is the owner of the copyrights to all images, films and texts published on our website. Any use, reproduction, distribution or public reproduction of these materials without our express prior written consent is strictly prohibited and may result in legal consequences.
§ 11 Data protection
§ 12 Final Provisions
12.1 The customer may only assign claims arising from this contract with our express and written consent.
12.2 The customer is not entitled to transfer or assign his rights and obligations arising from these terms and conditions in whole or in part to third parties without the prior written consent of the provider. Any assignment or transfer in violation of this section will be considered null and void.
12.3 This contract is subject to the laws of the Federal Republic of Germany, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). If you place the order as a consumer and have your habitual residence in another country at the time of your order, the application of mandatory legal provisions of this country remains unaffected by the choice of law mentioned in sentence 1.
12.4 If you are a merchant and have your place of business in Germany at the time of the order, the seller's place of business shall be determined as the exclusive place of jurisdiction. In the event that you are not a merchant or have your place of business outside of Germany, the statutory provisions on local and international jurisdiction apply.
Status of the GTC June 2023