Terms and Conditions
Article 1: Identity
We are Miners Netherlands, through www.miners-europe.com and www.minersnederland.com you come to us. The general terms and conditions are subject to Dutch laws and regulations
Article 2: Definitions
- Miners Nederland, established in Utrecht, Netherlands, Chamber of Commerce number 85658308, is referred to as the seller in these general terms and conditions.
- The counterparty of the seller is referred to as the buyer in these general terms and conditions.
- Parties are seller and buyer together.
- The agreement means the purchase agreement between the parties.
Article 3: Applicability of general terms and conditions
- These terms and conditions apply to all quotations, offers, agreements and deliveries of services or goods by or on behalf of the seller.
- It is only possible to deviate from these terms and conditions if this has been agreed explicitly and in writing by the parties.
Article 4: Payment
- The full purchase price is always paid online in advance. For reservations and pre-orders, the full purchase amount is expected in all cases. In that case, the buyer will receive proof of the reservation and the prepayment.
- If the buyer does not pay on time, he is in default. If the buyer remains in default, the seller is entitled to suspend its obligations until the buyer has fulfilled its payment obligation.
- If the buyer remains in default, the seller will proceed to collection. The costs related to such collection shall be borne by the buyer. These collection costs are calculated on the basis of the decision on compensation for extrajudicial collection costs, shipping costs, import duties and administrative costs.
- In the event of liquidation, bankruptcy, attachment or suspension of payment of the buyer, the seller’s claims against the buyer are immediately due and payable.
- If the buyer refuses to cooperate with the execution of the assignment by the seller, he is still obliged to pay the agreed price to the seller.
Article 5: Offers, quotations and price
- All amounts on Miners Europe are shown including and excluding VAT for both business and private customers. At checkout, the full price including VAT is always shown in totals.
- Offers are without obligation, unless a term of acceptance is stated in the offer. If the offer is not accepted within that period, the offer will lapse.
- Delivery times in quotations are indicative and do not entitle the buyer to dissolution or compensation if they are exceeded, unless the parties have expressly agreed otherwise in writing.
- Offers and quotations do not automatically apply to repeat orders. The parties must agree on this explicitly and in writing.
- The price stated on offers, quotations and invoices consists of the purchase price including the VAT due and any other government levies.
Article 6: Right of withdrawal
With regard to the products and services of Miners Nederland, the right to dissolve the agreement without giving reasons within 14 days after receipt of the order (right of withdrawal) lapses. The right of withdrawal does not apply if the products are custom-made according to its specifications or are stock-related. Due to the volatility of the cryptocurrency market, returning mining machines and fees after receipt of the order is not possible.
Article 7: Amendment of the agreement
- If during the execution of the agreement it appears that it is necessary for the proper execution of the assignment to change or supplement the work to be performed, the parties will adjust the agreement accordingly in a timely manner and in mutual consultation.
- If the parties agree to amend or supplement the agreement, the time of completion of performance may be affected. The seller will inform the buyer of this as soon as possible.
- If the change or addition to the agreement has financial and/or qualitative consequences, the seller will inform the buyer about this in writing in advance.
- If the parties have agreed on a fixed price, the seller will indicate to what extent the change or addition to the agreement will result in an exceeding of this price.
- Contrary to the provisions of the third paragraph of this article, the seller cannot charge additional costs if the change or addition is the result of circumstances that can be attributed to him.
Article 8: Delivery and risk transfer
As soon as the purchased item has been received by the buyer, the risk passes from seller to buyer.
Article 9: Research, advertisements
- The buyer is obliged to inspect or have inspected the delivered goods at the time of delivery, but in any case within the shortest possible term. In doing so, the buyer should examine whether the quality and quantity of the delivered goods correspond to what the parties have agreed, or at least that the quality and quantity meet the requirements that apply to them in normal (trade) traffic.
- Complaints regarding damage, shortages or loss of delivered goods must be submitted to the seller in writing within 10 working days after the day of delivery of the goods.
- If the complaint is declared well-founded within the set period, the seller has the right to either repair or deliver again, or to refrain from delivery and to send the buyer a credit note for that part of the purchase price.
- Minor and/or standard deviations in the sector and differences in quality, quantity, size or finish cannot be held against the seller.
- Complaints with regard to a certain product do not affect other products or parts belonging to the same agreement.
- Complaints will no longer be accepted after the goods have been processed by the buyer.
Article 10: Samples and Models
- If a sample or model has been shown or provided to the buyer, it is presumed to have been provided only as an indication, without the good to be delivered having to comply with it. This is different if the parties have expressly agreed that the item to be delivered will correspond to it.
- In the case of agreements relating to immovable property, the indication of the surface or other dimensions and indications is also presumed to be intended only as an indication, without the item to be delivered needing to correspond to this.
Article 11: Delivery
- Delivery takes place ‘ex factory/shop/warehouse’. This means that all costs are for the buyer.
- The buyer is obliged to take delivery of the goods at the time that the seller delivers them or has them delivered to him, or at the time when these goods are made available to him in accordance with the agreement.
- If the buyer refuses to take delivery or is negligent in providing information or instructions that are necessary for the delivery, the seller is entitled to store the item at the expense and risk of the buyer.
- If the goods are delivered through a third party, the seller is entitled to charge any delivery costs.
- If the seller requires information from the buyer for the performance of the agreement, the delivery period will commence after the buyer has made this information available to the seller.
- A delivery term specified by the seller is indicative. This is never a deadline. If the term is exceeded, the buyer must give the seller written notice of default.
- The seller is entitled to deliver the goods in parts, unless the parties have agreed otherwise in writing or the partial delivery has no independent value. In case of delivery in parts, the seller is entitled to invoice these parts separately.
Article 12: Force majeure
- If the seller cannot, not timely or not properly fulfill his obligations under the agreement due to force majeure, then he is not liable for damage suffered by the buyer.
- Force majeure is understood by the parties in any event to be any circumstance that the seller could not take into account at the time of entering into the agreement and as a result of which the normal performance of the agreement cannot reasonably be expected by the buyer, such as illness, war or danger of war, civil war and riot, acts of war, sabotage, terrorism, power failure, flood, earthquake, fire, company occupation, strikes, exclusion of workers, changed government measures, transport difficulties, and other disruptions in the seller’s business.
- Furthermore, the parties understand force majeure as the circumstance that suppliers on whom the seller depends for the execution of the agreement do not meet the contractual obligations towards the seller, unless the seller can be blamed for this.
- If a situation as referred to above arises as a result of which the seller cannot fulfill its obligations towards the buyer, those obligations will be suspended as long as the seller cannot fulfill its obligations. If the situation referred to in the previous sentence has lasted 30 calendar days, the parties have the right to dissolve the agreement in whole or in part in writing.
- If the force majeure continues for more than three months, the buyer has the right to dissolve the agreement with immediate effect. Dissolution is only possible by registered letter.
Article 13: Transfer of rights
No rights of either party under this Agreement are transferable without the prior written consent of the other party. This provision applies as a clause with effect under property law as referred to in Section 3:83(2) of the Dutch Civil Code.
Article 14: Retention of title and right of retention
- The goods present at the seller’s and the goods and parts delivered remain the property of the seller until the buyer has paid the entire agreed price. Until that time, the seller can invoke his retention of title and take back the goods.
- If the agreed amounts to be paid in advance are not paid or not paid on time, the seller has the right to suspend the work until the agreed part has been paid. In that case, there is credit default. In that case, a late delivery cannot be invoked against the seller.
- The seller is not authorized to pledge or encumber in any other way the goods falling under its retention of title.
- The seller undertakes to insure the goods delivered to the buyer under retention of title and to keep them insured against fire, explosion and water damage as well as against theft and to provide the policy for inspection on first request.
- If goods have not yet been delivered, but the agreed advance payment or price has not been paid in accordance with the agreement, the seller has the right of retention. In that case, the item will not be delivered until the buyer has paid in full and in accordance with the agreement.
- In the event of liquidation, insolvency or suspension of payment of the buyer, the obligations of the buyer are immediately due and payable.
Article 15: Liability
- Miners Nederland does not accept any liability for the content of the website, price changes, results and stock market changes. Miners Netherlands can always change information or prices on the website without further notice. Furthermore, we are not liable and we do not offer any guarantee for the uninterrupted and error-free functioning of the website, and for the consequences of the inability, damage, incorrect or late receipt or sending of e-mail messages related to a Miners Netherlands service. . Miners Nederland is also not liable for damage or defects that may arise from your visit to and use of the website. The liability of Miners Nederland is limited to the delivery of a non-defective product and the factory warranty provided by the manufacturer. The price of our products or services may be subject to fluctuations in the financial market over which Miners Nederland has no influence and which may occur within the withdrawal period. That is why Miners Nederland is excluded from the right of withdrawal.
- Any liability for damage arising from or related to the performance of an agreement is always limited to the amount paid out by the liability insurance(s) taken out in the relevant case. This amount is increased by the amount of the deductible according to the relevant policy.
- The seller’s liability for damage resulting from intent or deliberate recklessness on the part of the seller or his managerial subordinates is not excluded.
- Miners Nederland accepts no liability for setting up/installing wallet addresses, mining pools and other matters that may relate to payouts from mining machines.
- Miners Nederland accepts no liability for fluctuations in customer revenue due to difficulty increases and or cryptocurrency prices.
- Miners Nederland accepts no liability for any hard forks and/or changes made by the network of a specific cryptocurrency that have an adverse effect on the operation/revenue of a mining machine.
Article 16: Complaint obligation
- If you submit a complaint to us, it will be answered within 14 days at the latest. If we need more time for this, we will let you know within 14 days when you can expect an answer. Please note: the above only applies to complaints regarding the products supplied by us. Different rules apply to complaints in the context of our processing of your personal data. For more information about this, please contact us.
- The buyer is obliged to immediately report complaints about the work performed to the seller. The complaint contains a description of the shortcoming that is as detailed as possible, so that the seller is able to respond adequately.
- If a complaint is well-founded, the seller is obliged to repair the good and possibly replace it.
Article 17: Disputes
Only Dutch law applies to the agreements to which these general terms and conditions apply. All disputes relating to the aforementioned agreements will be submitted to the competent court to be chosen by the seller.
Article 18: Warranties
- If guarantees are included in the agreement, the following applies. The seller guarantees that the item sold conforms to the agreement, that it will function without defects and that it is suitable for the use that the buyer intends to make of it. The warranty is limited to the manufacturer’s warranty given by the suppliers of Miners Nederland.
- The intended guarantee aims to achieve such a risk distribution between the seller and the buyer that the consequences of a breach of a guarantee are always fully for the account and risk of the seller and that the seller can never invoke a guarantee breach in respect of article 6:75 Dutch Civil Code. The provisions of the previous sentence also apply if the buyer was aware of the infringement or could have been aware of it by conducting an investigation.
- The said guarantee does not apply if the defect has arisen as a result of improper or improper use or if – without permission – the buyer or third parties have made changes or tried to make changes or have used the purchased item for purposes for which it was not intended.
- If the warranty provided by the seller relates to an item produced by a third party, the warranty is limited to the warranty provided by that manufacturer.
Article 19: Applicable law
- Only Dutch law applies to this agreement between the seller and the buyer.
- The applicability of the Vienna Sales Convention is excluded.
- If one or more provisions of these general terms and conditions are regarded as unreasonably onerous in legal proceedings, the other provisions will remain in full force.
Article 20: Choice of Forum
All disputes arising from this agreement shall be submitted exclusively to the competent court of the District Court of Amsterdam.
Article 21: Additional or different provisions
Additional provisions or provisions deviating from these general conditions may not be to the detriment of the customer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.
Article 22: Modification of the general terms and conditions
Amendments to these terms and conditions shall be effective only after they have been published in an appropriate manner, provided that in the event of applicable amendments during the term of an offer, the provision most favorable to the customer shall prevail.