Terms and conditions - Miner-purchase
§ 1 Scope
(1) These general terms and conditions (hereinafter “GTC”) apply to all contracts concluded between Dürr Solutions GmbH (hereinafter “Dürr Solutions”), represented by managing director Frederik Dürr, Kleistraße 76, 59073 Hamm and its customers (hereinafter “customer”), which are concluded via the Dürr Solutions websites or by other means. Dürr Solutions' offer is addressed exclusively to entrepreneurs in accordance with Section 14 (1) BGB who, when concluding the contract, are acting in the exercise of their commercial or independent professional activity.
(2) The special agreements made in the context of the purchase contract concluded between the parties result primarily from these terms and conditions, a written order confirmation and the declaration of acceptance from Dürr Solutions.
(3) The version of the terms and conditions valid at the time of 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.
(4) Deviating conditions of the customer do not apply, even if the inclusion has not been expressly objected to.
(5) These terms and conditions apply exclusively to contracts with entrepreneurs in accordance with § 14 BGB.
§ 2 Conclusion of contract
(1) Contracts can be concluded via the Dürr Solutions websites or through an offer and its acceptance. In this case, the contract is concluded upon acceptance of the order confirmation by Dürr Solutions. The provisions of the individual contract take precedence over these terms and conditions, however, these terms and conditions also apply to contracts that are concluded outside the website through offer and acceptance.
(2) When concluding a contract via the websites, the following conditions apply: The presentation and advertising of articles on Dürr Solutions websites does not constitute a legally binding sales offer.
(3) By submitting an order via the websites and clicking on the “Order subject to payment” button, you are making a binding purchase offer. You are bound to the order for a period of two (2) weeks after the order has been placed. The statutory right of withdrawal only applies to consumers in accordance with §13 BGB.
(4) Dürr Solutions will immediately confirm receipt of an order on our website by e-mail. However, this e-mail does not yet represent a binding acceptance of the order, unless the order is expressly accepted in this e-mail.
(5) A contract is only concluded when the order is confirmed by a declaration of acceptance by Dürr Solutions by separate e-mail (order confirmation) or by delivery of the ordered items. The contract text, consisting of the order, the terms and conditions and the order confirmation from Dürr Solutions, will be delivered to the customer on a durable data carrier with the order confirmation or in a separate e-mail, but no later than upon delivery of the goods.
(6) Orders for deliveries abroad are only accepted above a certain minimum order value. The exact minimum order value can be found in the price information on the Dürr Solutions websites or in the offer text.
(7) If delivery of the goods ordered by the customer is not possible, for example because the corresponding goods are not in stock, Dürr Solutions will refrain from making a declaration of acceptance. In this case, no contract is concluded. The customer will be informed immediately and will immediately refund any payments already received.
(8) The contract language is German. If a contract or offer text from Dürr Solutions is available in several languages, the German version is legally binding.
§ 3 Terms of delivery and reservation of advance payment
(1) The delivery period begins upon receipt of full payment.
(3) Delivery will only be carried out after confirmation of receipt of payment.
(4) If hardware with hosting is purchased, it will be delivered directly to the hosting center. If delivery is made to a data center outside the EU, a net invoice is issued. The delivery is considered to have been made as soon as it has been received by the hosting partner. The hosting contract is created separately and sent within 24 hours of placing the order on the website or after the declaration of acceptance has been sent by Dürr Solutions. Should the customer not 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 sales tax.
§ 4 Prices and shipping costs
(1) All prices quoted are net prices, to which statutory sales tax and any shipping costs incurred are added.
(2) The shipping costs are listed in the price information on the websites or in the declaration of acceptance. The total price including sales tax and shipping costs is also shown in the order overview before sending the order. Any customs fees or other costs for international shipments must be borne by the customer.
(3) If Dürr Solutions carries out the order in several partial deliveries, shipping costs are only charged for the first partial delivery. However, if you expressly request partial deliveries, shipping costs will be charged for each of these deliveries.
§ 5 Payment terms, offsetting and right of withholding
(1) Payments on our website can be made via bank transfer. All payment transactions are carried out in strict compliance with applicable data protection regulations. The transmission of all payment information is encrypted to ensure security.
(2) Offsetting against claims against Dürr Solutions is excluded.
(3) Bei Zahlung mit Kryptowährungen ist der Angebotspreis in Euro ausschlaggebend. Referenzkurs ist der aktuelle EUR/Krypto-Kurs zum Zeitpunkt der Zahlungstransaktion.
§ 6 Retention of title
(1) The delivered goods (reserved goods) remain the property of Dürr Solutions until all claims arising from this contract have been paid in full.
(2) As long as ownership has not yet been transferred to him, the customer undertakes to treat the reserved goods with care and to insure them adequately at their replacement value against fire, water and theft damage.
(3) If the reserved goods are seized or exposed to other interventions by third parties, the customer is obliged, as long as ownership has not yet been transferred to him, to inform the third party of Dürr Solutions' ownership rights and to immediately notify them in writing so that Dürr Solutions can enforce its ownership rights. The customer is liable to Dürr Solutions for the judicial or extrajudicial costs arising in this connection, unless the third party is in a position to reimburse these costs to Dürr Solutions.
§ 7 Commercial use
By purchasing the products offered by Dürr Solutions (including representations on the Dürr Solutions websites), the customer confirms and declares that they are used exclusively for commercial purposes and not for private or personal purposes.
§ 8 Warranty
(1) Dürr Solutions assumes liability for material and legal defects in the delivered items in accordance with the applicable legal provisions, in particular Sections 434 et seq. of the German Civil Code. For entrepreneurs, the warranty period is 12 months, starting with the delivery of the goods.
(2) The customer is obliged to immediately check the received goods for obvious defects and to report them immediately. The same applies to hidden defects discovered later. Violations of the obligation to inspect and give notice of defects result in the exclusion of warranty claims.
(3) In addition to claims due to material and legal defects in accordance with paragraph 1, there may be guarantees granted by Dürr Solutions or the manufacturers of certain articles. The details of the scope of such guarantees are set out in the respective warranty conditions, which may be attached to the articles.
(4) If the hash rate of the product delivered to you is significantly lower (deviation of more than 10%) than agreed, the difference will be refunded to you in accordance with the €/hash rate.
§ 9 Liability and exclusions of liability
(1) In accordance with legal provisions, Dürr Solutions is liable without limitation for damage based on intent or gross negligence. Liability relates to all cases of contractual and non-contractual liability for compensation or reimbursement of futile expenses.
(2) In other cases, unless otherwise stated below, Dürr Solutions is only liable in the event of a breach of an essential contractual obligation (cardinal obligation). Liability is limited to foreseeable damage typical of the contract. In all other cases, liability is excluded, subject to the provision in paragraph 3.
(3) Dürr Solutions' liability is unlimited for damage resulting from injury to life, limb or health. The same applies to claims under the Product Liability Act, regardless of the liability limitations and exclusions mentioned above.
(4) The limitations of liability set out in paragraphs 1 and 2 also apply to the legal representatives and vicarious agents of Dürr Solutions if claims are made directly against them.
(5) Our liability is excluded for defects caused by hardware or software used by the customer, outdated drivers or incorrect operation of the hardware.
(6) Dürr Solutions assumes no liability for delivery delays caused by the manufacturer or force majeure, including but not limited to war, strikes, natural disasters of any kind, pandemics or epidemics, as well as official orders based on them. The customer is not entitled to compensation due to such delays in delivery.
(7) The customer is obliged to accept delivery within 7 days of dispatch, unless the customer is temporarily prevented from doing so through no fault of his own.
(8) If delivery is not possible due to reasons for which the customer is responsible and the goods are returned by the transport company, the customer bears the costs of unsuccessful shipping.
(9) When the goods are handed over to the transport company, the risk of accidental loss and accidental deterioration is transferred to the customer. If the goods are lost or damaged during transport, the customer can contact the transport company directly.
§ 10 Copyrights
Dürr Solutions owns the copyrights to all images, films and texts published on our websites. Any use, reproduction, distribution or public reproduction of these materials without express prior written consent is strictly prohibited and may result in legal consequences.
§ 11 Data protection
For detailed information regarding the collection, processing and use of personal data by Dürr Solutions, we refer to a comprehensive privacy policy, which is available on our website.
§ 12 Final Provisions
(1) The customer is not entitled to transfer or assign all or part of its rights and obligations arising from these terms and conditions to third parties without the prior written consent of Dürr Solutions. Any assignment or transfer in violation of this section will be considered null and void.
(2) Should individual provisions of this contract be or become invalid, this does not affect the effectiveness of the remaining provisions. Instead of the ineffective provision, the provision that comes closest to the economic purpose of the invalid provision shall be deemed to have been agreed. The same applies in the event that the contract contains gaps.
(3) Each of the contracting parties has received a written copy of this contract.
(4) German law applies to this agreement. The place of jurisdiction is 59073 Hamm.
(5) This contract is subject to the laws of the Federal Republic of Germany, excluding the UN Sales Convention (CISG). If you place the order as a consumer and are habitually resident in another country at the time you place your order, the application of mandatory legislation in that country remains unaffected by the choice of law set out in sentence 1.
Status of the terms and conditions: October 2023