General Terms and Conditions (GTC) - Dürr Distribution "Miner Purchase"
Part I: General Provisions
§ 1 Scope of Application
(1) These General Terms and Conditions (hereinafter “GTC”) apply to all contracts concluded between Dürr Distribution GmbH, registered in the commercial register of the Local Court of Hamm under registration number HRB 11809, with its business address at Von-Thünen-Str. 10, 59069 Hamm (hereinafter “Dürr Distribution”), represented by the managing director, and its customers (hereinafter “Customer”).
(2) For reasons of readability, the simultaneous use of the masculine, feminine and diverse (m/f/d) language forms is omitted. All personal designations apply equally to all genders.
(3) The entire range of Dürr Distribution is directed exclusively at entrepreneurs within the meaning of Section 14 (1) German Civil Code (BGB), i.e. natural or legal persons or partnerships with legal capacity who, when concluding the contract, act in the exercise of their commercial or self-employed professional activity, as well as legal entities under public law and special funds under public law. The Customer confirms this by submitting an offer or an inquiry. Dürr Distribution may therefore require the Customer to provide sufficient proof of their entrepreneurial status prior to the conclusion of the contract, e.g., by providing their VAT ID number or other suitable evidence. The data required for proof must be provided by the Customer completely and truthfully.
(4) The version of the GTC valid at the time of conclusion of the contract, as available on the Dürr Distribution website, is authoritative.
(5) These GTC also apply to future business relationships, even if they are not expressly agreed again.
(6) Individual agreements and details in the order confirmation take precedence over the GTC.
(7) Deviating, conflicting or supplementary general terms and conditions of the Customer shall only become part of the contract if and to the extent that Dürr Distribution has expressly agreed to their validity.
(8) Contracts with the Customer are concluded exclusively in the German language. If translations are available in different languages, the German version shall be legally binding.
§ 2 Conclusion of Contract
(1) The presentation or promotion of goods or services on the website of Dürr Distribution does not constitute a binding offer to conclude a contract.
(2) Unless otherwise expressly agreed between the contracting parties, a contract is regularly concluded as follows:
a. By submitting an inquiry on the Dürr Distribution website, the Customer makes a non-binding offer to purchase the relevant goods or to use an offered service. Dürr Distribution will confirm receipt of an inquiry immediately by e-mail. Such an e-mail does not yet constitute a binding acceptance of the inquiry unless, in addition to confirming receipt, acceptance is expressly declared therein.
b. After receiving the Customer's inquiry, Dürr Distribution will submit a non-binding offer to the Customer. Such non-binding offer does not constitute a binding declaration of intent aimed at concluding a contract. After the Customer has agreed to the terms of the non-binding offer, Dürr Distribution will prepare an offer based on this. The offer must be confirmed by the Customer.
c. A contract is only concluded when the order is confirmed by a declaration of acceptance by Dürr Distribution via separate e-mail (order confirmation) or by delivery of the ordered items. The contract text, consisting of the order, the GTC, and the order confirmation of Dürr Distribution, will be provided to the Customer together with the order confirmation or in a separate e-mail, but no later than upon delivery of the goods, on a durable medium.
(3) Requests for deliveries abroad are only accepted from a certain minimum order value. The exact minimum order value can be found in the price information on the website or in the offer text of Dürr Distribution.
(4) If delivery of the goods ordered by the Customer or the provision of the service is not possible, e.g., because the respective goods are not in stock or the minimum order for the provision of hosting services is not reached, Dürr Distribution will refrain from submitting a binding offer. In this case, no contract is concluded. The Customer will be informed accordingly. Any services already received from the Customer will be refunded by Dürr Distribution.
(5) Customers may also conclude contracts with Dürr Distribution outside the website by offer and acceptance. These GTC also apply to such contracts. Contracts with the Customer are concluded exclusively in the German language. If translations are available in different languages, the German version shall be legally binding.
(6) There is no statutory right of withdrawal since Dürr Distribution only concludes contracts with entrepreneurs within the meaning of Section 14 (1) BGB.
§ 3 Prices and Shipping Costs
(1) All stated prices are net prices exclusive of statutory VAT.
(2) The shipping costs are listed in the price information on the website or the order confirmation. In case of a discrepancy between them, the details in the order confirmation take precedence.
(3) Any customs duties or other costs for international shipments shall be borne by the Customer.
§ 4 Terms of Payment, Offsetting, Right of Retention
(1) Payments can be made by bank transfer or by a transaction with an agreed cryptocurrency. Other cryptocurrencies are not accepted.
(2) Customer payments are due immediately upon invoicing.
(3) If payments are made in cryptocurrencies, the exchange rate used for conversion is determined by the reference rate applicable at the time of payment on Coinbase Germany. The most recently published average of the bid and ask price in EUR at the time of the transaction is decisive. If the aforementioned exchange is not available or if there is insufficient trading volume for the respective cryptocurrency, the reference rate of a comparable, recognized and liquid trading platform, to be jointly determined by both contracting parties, will be used as a substitute.
(4) The Customer has no right of set-off or retention unless the counterclaim is undisputed or has been legally established.
§ 5 Delivery, Shipping
(1) The deadlines and dates for deliveries and services indicated by Dürr Distribution are always only approximate unless a fixed deadline or fixed date has been expressly promised or agreed. If shipment has been agreed, delivery periods and delivery dates refer, unless expressly stated otherwise by Dürr Distribution, to the time of handover to the carrier, freight forwarder or other third party commissioned with the transport.
(2) Dürr Distribution is entitled to make partial deliveries and partial services if they are usable by the Customer within the contractual intended purpose, the remaining agreed delivery and performance are ensured, and the Customer does not incur any significant additional effort as a result.
(3) If delivery is not possible due to reasons attributable to the Customer and the goods are returned by the transport company, the Customer shall bear the costs for the unsuccessful shipment.
(4) The Customer is obliged to accept delivery within 7 days after dispatch.
§ 6 General Warranty
(1) For material and legal defects of the delivered items, Dürr Distribution assumes liability in accordance with the applicable statutory provisions, in particular Sections 434 et seq. BGB.
(2) For entrepreneurs, the warranty period is 12 months, beginning with the handover of the goods. In the case of shipment to the Customer or to a third party designated by him, the goods must be carefully inspected immediately. With regard to obvious defects or other defects that would have been identifiable in the course of an immediate, careful inspection, the goods shall be deemed approved by the Customer if Dürr Distribution does not receive a written notice of defect within ten (10) working days after delivery. With regard to other defects, the goods shall be deemed approved by the Customer if Dürr Distribution does not receive the notice of defect within ten (10) working days from the time the defect was discovered; however, if the defect was already obvious at an earlier point in time during normal use, this earlier point in time is decisive for the beginning of the complaint period.
(3) In addition to claims for material and legal defects in accordance with paragraph 1, there may be warranties granted by Dürr Distribution or the manufacturers of certain items. The details of the scope of such warranties are set out in the respective warranty conditions, which may be enclosed with the items.
(4) The liability of Dürr Distribution due to any warranties remains unaffected.
§ 7 Liability and Limitation of Liability
(1) Dürr Distribution is liable for intent and gross negligence. Furthermore, Dürr Distribution is liable for negligent breaches of obligations, the fulfillment of which makes the proper execution of the contract possible in the first place, the violation of which jeopardizes the achievement of the purpose of the contract, and on the compliance with which the Customer regularly relies. In the latter case, however, we are only liable for the foreseeable, contract-typical damage. The same applies to breaches of duty by Dürr Distribution’s vicarious agents.
(2) Liability is excluded for defects caused by the hardware or software used by the Customer, outdated drivers, or incorrect operation of the goods.
(3) Upon handover of the goods to the transport company, the risk of accidental loss and accidental deterioration passes to the Customer.
(4) Indirect damages and consequential damages resulting from defects in the goods are only compensable to the extent that such damages are typically to be expected when the goods are used as intended. This does not apply in the event of intentional or grossly negligent conduct by Dürr Distribution.
(5) The limitations of this § 7 do not apply to liability by Dürr Distribution due to intentional conduct, for guaranteed characteristics, for injury to life, body or health. The same applies to liability under the Product Liability Act.
(6) The Customer is expressly informed that Dürr Distribution does not provide insurance services and that the Customer’s goods are not covered by any insurance. The Customer alone is responsible for insuring their property against all types of damage.
(7) The above exclusions and limitations of liability apply to the same extent in favor of the bodies, legal representatives, employees and other vicarious agents of Dürr Distribution.
(8) The limitation period for warranty claims for the delivered goods – except in the case of claims for damages – is twelve months from delivery of the goods. The statute of limitations for other claims of the Customer is governed by the statutory periods.
§ 8 Force Majeure
(1) In cases of force majeure, the contracting party affected is released from its obligation to deliver, perform or accept for the duration and to the extent of the effect. Force majeure is any event beyond the control of the respective contracting party that wholly or partially prevents it from fulfilling its obligations, including fire damage, floods, strikes and lawful lockouts, unexpectedly occurring pandemics or epidemics, and operational disruptions or official orders for which it is not responsible. Supply difficulties and other performance disruptions on the part of Dürr Distribution’s upstream suppliers are only considered force majeure if the upstream supplier is also prevented from providing its performance due to an event pursuant to sentence 1.
(2) The affected contracting party shall immediately notify the other contracting party of the occurrence as well as the cessation of the force majeure and shall endeavor to remedy the force majeure and limit its effects as far as possible.
§ 9 Prohibition of Assignment
The assignment of claims is only permitted with the prior written consent of the other contracting party. Consent may not be unreasonably withheld. The provision of Section 354a German Commercial Code (HGB) remains unaffected.
§ 10 Copyrights
Dürr Distribution holds the copyrights to all images, films and texts published on its website. Any use, reproduction, distribution or public display of these materials without prior written consent is not permitted.
§ 11 Data Protection
For detailed information regarding the collection, processing and use of personal data by Dürr Distribution, please refer to the comprehensive privacy policy available on the Dürr Distribution website.
§ 12 Applicable Law
The contractual relationship between Dürr Distribution and the Customer is governed exclusively by the substantive law of the Federal Republic of Germany, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG).
§ 13 Duty of Confidentiality
The parties undertake to treat all contents of this contract and its ancillary provisions – in particular technical details, prices, quantity discounts, hosting locations and processes – as confidential. This obligation continues to apply for a period of three (3) years beyond the termination of the contract. Excluded from this are information that is publicly known or legally required to be disclosed.
§ 14 Place of Jurisdiction
If the Customer is an entrepreneur within the meaning of Section 14 BGB, a merchant, a legal entity under public law or a special fund under public law, or does not have a general place of jurisdiction in the Federal Republic of Germany, the exclusive – also international – place of jurisdiction for all disputes arising directly or indirectly from the business relationship between Dürr Distribution and the Customer shall, at the discretion of Dürr Distribution as plaintiff, be either its registered office or the Customer’s registered office. For lawsuits by the Customer against Dürr Distribution, the registered office of Dürr Distribution shall be the exclusive place of jurisdiction. Mandatory statutory provisions on exclusive places of jurisdiction remain unaffected by this regulation.
§ 15 Invalidity of Individual Provisions and Text Form
(1) Should individual provisions of these GTC be wholly or partially invalid or unenforceable, or become invalid or unenforceable, the validity of the remaining provisions shall remain unaffected.
(2) If written form is provided for notifications or declarations, text form or electronic form, in particular e-mail, shall suffice, unless a stricter form is mandatorily required by law.
Part II: Miner Purchase
§ 16 Miner Purchase
(1) The Customer may purchase the goods (cryptocurrency mining hardware) (hereinafter “Miner”) without using any additional services.
(2) Unless otherwise agreed, the purchase price is due for payment in full without any deductions upon conclusion of the contract (“Customer’s advance payment obligation”).
(3) Delivery is made to the location chosen by the Customer. Delivery will only take place after confirmation of receipt of payment.
(4) Unless expressly agreed otherwise, Dürr Distribution will determine the appropriate shipping method and the carrier at its reasonable discretion.
§ 17 Commercial Use
By purchasing miners offered by Dürr Distribution, the Customer confirms and declares that these will be used exclusively for commercial purposes and not for private or personal purposes.
§ 18 Deviation of Hashrate
If the hashrate of the Miner is significantly lower than agreed, the Customer shall receive a reimbursement corresponding to the percentage deviation in relation to the purchase price of the Miner. A deviation is deemed significant if it exceeds 10% and is not merely temporary.
§ 19 Warranty
(1) The Customer is obliged to inspect the delivered goods immediately for obvious defects and report these without delay. The same applies to latent defects discovered at a later date. Failure to comply with the inspection and notification obligations results in the exclusion of warranty claims.
(2) In addition to claims for material and legal defects, there may be warranties granted by Dürr Distribution or by the manufacturers of certain items. The details of the scope of such warranties can be found in the respective warranty conditions, which may be enclosed with the items.
(3) Dürr Distribution expressly informs the Customer that, in the event of defect remediation during the warranty period, longer processing times may occur. Due to delays in the shipping and repair process of defective miners, which are beyond Dürr Distribution’s control, the rectification of defects under warranty may take up to 16 weeks. The Customer has no claim to compensation for potential damages. Separate warranty claims against the manufacturer of the miners must be asserted directly with the manufacturer.
(4) If the Customer wishes to make use of repair or other services regarding the miners outside of its statutory warranty rights or its rights against the manufacturer under the manufacturer’s warranty, Dürr Distribution reserves the right to provide corresponding cost estimates to the Customer upon request.
(5) In the event of a resale of the Miner, claims for reimbursement of expenses pursuant to Section 445a (1) BGB are excluded, unless the last contract in the supply chain is a consumer goods purchase as defined by Sections 478, 474 BGB or a consumer contract for the provision of digital products pursuant to Sections 445c Sentence 2, 327 (5), 327u BGB. The purchaser’s claims for damages or reimbursement of futile expenses pursuant to Section 284 BGB shall also only exist in the case of defects in the miners in accordance with Sections 6 and 7 of these GTC.
§ 20 Retention of Title
(1) The delivered goods remain the property of Dürr Distribution until full payment of the purchase price, including VAT and any shipping costs.
(2) The Customer shall handle the goods subject to retention of title with due care and insure them at its own expense at their replacement value against fire, water, and theft damage.
(3) If the goods subject to retention of title are seized or exposed to any other third-party interventions, the Customer is obliged, as long as ownership has not yet been transferred to it, to point out Dürr Distribution’s ownership rights to the third party and to notify Dürr Distribution of this immediately in writing. The Customer is liable to Dürr Distribution for any judicial or extrajudicial costs incurred in this connection if the third party is not able to reimburse Dürr Distribution for these costs.
Version: July 2025