General Terms and Condition

Article 1: Identity

We are Miners World, you can contact us via www.minersworld.eu

Article 2: Definitions

• Miners World, situated in Goor with Chamber of Commerce number 84007672, is denoted as the seller within these general terms and conditions.
• The term "buyer" in these general terms and conditions refers to the other party associated with the seller.
• The collective entities of the seller and buyer constitute the parties.
• The term "agreement" denotes the purchase agreement mutually entered into by the parties.

Article 3: Applicability of general terms and conditions

• These terms and conditions are applicable to all quotes, proposals, agreements, and the delivery of services or goods by the seller or on their behalf.
• TAny deviation from these conditions is only permissible if explicitly agreed upon in writing by both parties.

Payment

• Payments and purchases are exclusively conducted through direct contact with the seller.
• The entire purchase price is always required to be paid in advance. For reservations and pre-orders, the full purchase amount is expected in all cases. In such instances, the buyer will receive proof of the reservation and advance payment.
• Failure to make timely payments puts the buyer in default. In case of default, the seller is authorized to suspend obligations until the buyer fulfills the payment obligation.
• In the event of default, the seller will initiate collection proceedings, with associated costs borne by the buyer. These costs encompass extrajudicial collection fees, shipping costs, import duties, and administrative expenses, as per the decision on compensation for such costs.
• If the buyer experiences liquidation, bankruptcy, attachment, or a suspension of payment, the seller's claims against the buyer become immediately due and payable
• Should the buyer decline to cooperate in the order's execution by the seller, the buyer is still obligated to remit the agreed-upon price to the seller.

Article 5: Offers, Quotations, and Pricing

• All amounts on Miners World are presented without VAT for both business and private customers. The total price, exclusive of VAT, is displayed during checkout.
• Offers are non-binding, unless a specific acceptance period is mentioned. Failure to accept within this time frame results in the offer lapsing.
• Quoted delivery times are approximate and do not entitle the buyer to termination or compensation for exceeding them, unless expressly agreed upon in writing.
• Offers and quotations do not automatically apply to subsequent orders. Both parties must explicitly agree in writing.
• Prices in offers, quotations, and invoices include the purchase price, VAT owed, and any applicable government levies.

Article 6: Right of Withdrawal:

• The right to terminate the agreement within 14 days after order receipt (right of withdrawal) for Miners World products and services expires.
• The right of withdrawal does not apply to customized products or items related to trade fairs.
• Due to cryptocurrency market volatility, returns for mining machines and associated fees are not permissible post-order receipt

Article 7: Changes to the Agreement

• If adjustments or supplements are necessary during the agreement's execution, both parties will promptly modify the terms through mutual consultation.
• Any agreement amendments or supplements may impact the execution timeline, and the seller will promptly notify the buyer.
• In cases where changes have financial or qualitative implications, the seller will provide written notice to the buyer beforehand.
• If a fixed price is agreed upon, the seller will specify how the change affects the agreed-upon price.
• The seller cannot impose additional costs if the change results from circumstances attributable to them, as per the third paragraph of this article.

Article 8: Delivery and Transfer of Risk

• Upon the buyer's receipt of the purchased item, the risk shifts from the seller to the buyer.

Article 9: Research and Complaints

• The buyer must inspect delivered goods promptly, and within the shortest period, to ensure quality and quantity meet agreed-upon terms.
• Complaints about damage, shortages, or loss must be submitted in writing to the buyer within 10 working days of delivery.
• If a complaint is valid, the seller may choose to repair, redeliver, or issue a credit note for the affected purchase price.
• Minor industry-standard deviations and differences cannot be held against the seller.
• Complaints about one product do not impact other items within the same agreement.
• No complaints are accepted after the goods are processed by the buyer.

Article 10: Samples and Models

• If a sample or model is provided, it's considered indicative unless expressly agreed upon that the delivered item will correspond to it.
• In agreements for immovable property, indications like surface area are presumed as indications, not binding specifications.

Article 11: Delivery

• Delivery occurs 'ex factory/shop/warehouse,' with all costs borne by the buyer.
• The buyer must purchase goods upon delivery or when made available according to the agreement.
• If the buyer refuses delivery or neglects necessary information, the seller may store items at the buyer's expense and risk.
• The seller can charge delivery costs if goods are delivered through a third party.
• The delivery time starts after the buyer provides necessary information for the agreement execution.
• The specified delivery period is indicative; exceeding it requires the buyer to issue a written notice of default.
• The seller can deliver goods in parts, invoicing them separately unless agreed otherwise in writing.

Article 12: Force Majeure

• The seller isn't liable for damage due to the inability to fulfill obligations under the agreement, timely or properly, due to force majeure.
• Force majeure includes unforeseen circumstances beyond the seller's control, disrupting normal agreement performance, such as illness, war, civil unrest, terrorism, natural disasters, and business disruptions.
• The parties consider force majeure as supply companies failing to meet contractual obligations, unless the seller is at fault.
• If force majeure persists for 30 calendar days, parties can terminate the agreement in whole or in part in writing.
• If force majeure continues for over three months, the buyer can terminate the agreement immediately, only by registered letter.

Article 13: Transfer of Rights

• Either party can't transfer rights under this agreement without the other party's prior written consent.
• This provision acts as a clause with property law effect as per Article 3:83, second paragraph, of the Dutch Civil Code.

Article 14: Retention of Title and Right of Retention

• Goods on the seller's premises and delivered items remain the seller's property until the buyer pays the entire agreed price.
• The seller can invoke retention of title and reclaim goods until the buyer pays in full.
• If agreed upfront payments aren't made on time, the seller can suspend work until the payment is received, avoiding late delivery penalties.
• The seller cannot pledge or encumber items under retention of title.
• The seller commits to insuring and keeping the delivered goods under retention of title against specific damages, providing the policy upon request.
• In case of non-delivery due to unpaid advance payment, the seller has the right of retention until full payment
• In situations like liquidation or insolvency, the buyer's obligations become immediately due and payable.

Article 15: Liability

• Miners World disclaims liability for website content, price changes, results, and stock exchange fluctuations.
• Information or price changes on the website can be made without notice, and Miners World is not liable for uninterrupted website functioning.
• Liability for damage related to agreement performance is limited to the amount paid by relevant liability insurance(s).
• Seller's liability for damage due to intent or deliberate recklessness is not excluded.
• No liability for setting wallet addresses, mining pools, or issues related to mining machine payouts.
• No liability for revenue fluctuations due to difficulty increases or cryptocurrency price changes.
• No liability for hard forks or changes in a cryptocurrency network affecting mining machine operation/yield.

Article 16: Duty to Complaint

• Complaints receive a response within 14 days; any delays are communicated within the same period.
• Complaints about work performed must be immediately reported, with detailed descriptions for effective responses.
• If a complaint is valid, the seller is obliged to repair or replace the goods.

Article 17: Disputes

• Agreements under these terms are exclusively governed by Dutch law.
• Any disputes related to these agreements will be submitted to the competent court chosen by the seller.

Article 18: Guarantees

• If included in the agreement, the seller guarantees that the item complies with the agreement, functions without defects, and suits the buyer's intended use.
• Warranty is limited to the factory warranty from Miners World's suppliers.
• Intended guarantees distribute risk, ensuring any breaches are solely at the seller's expense and risk.
• The warranty is void if defects result from improper use, unauthorized changes, or use for unintended purposes.
• If the warranty involves a third-party item, it's limited to the producer's warranty.

Article 19: Applicable Law

• The agreement is exclusively governed by Dutch law, excluding the Vienna Sales Convention.
• If a provision is deemed unreasonably onerous, other provisions remain in full force.

Article 20: Choice of Forum

• Disputes go exclusively to the Amsterdam District Court.

Article 21: Additional or Deviating Provisions

• Any changes must not harm the customer and should be recorded in writing or stored by the consumer.

Article 22: Changes to General Terms and Conditions

• Changes become effective after appropriate publication, with the most favorable provision prevailing during an offer's term.