**Terms and Conditions**
**Article 1: Identity**
We are DailyMiners, and through our platform (website), you can purchase various ASIC miners.
An explanation of what ASIC miners are can be found on this website.
**Article 2: Definitions**
– **Seller**: DailyMiners is referred to as the seller in these terms and conditions.
– **Buyer**: The other party of the seller is referred to as the buyer.
– **Parties**: The seller and the buyer are collectively referred to as parties.
– **Agreement**: The purchase agreement between the parties.
**Article 3: Applicability of Terms and Conditions**
– These terms and conditions apply to all offers, quotations, agreements, and deliveries of
products by or on behalf of the seller.
– Deviations from these terms and conditions are only possible if agreed upon in writing by the
parties.
**Article 4: Payment**
– The full purchase price must always be paid in advance online. This applies to online orders and
reservations. For pre-orders, the down payment may be the full amount or a portion thereof. The
terms will always be clearly communicated. In all cases, the buyer will receive proof of the
purchase/reservation/pre-order and the payment.
– If the buyer does not pay on time, they are in default. If the buyer remains in default, the seller
is entitled to suspend obligations until the buyer has fulfilled their payment obligation.
– If the buyer remains in default, the seller will proceed with collection. The costs related to the
collection will be borne by the buyer. These collection costs are calculated based on the decision
on compensation for extrajudicial collection costs, shipping costs, import duties, administrative
costs, and any depreciation of the products.
– In the event of liquidation, bankruptcy, attachment, or suspension of payment by the buyer, the
seller’s claims against the buyer are immediately due and payable.
– If the buyer refuses to cooperate in the execution of the seller’s assignment, they are still
obligated to pay the agreed price to the seller.
**Article 5: Offers, Quotations, and Price**
– The prices listed on the website include import duties, taxes, and VAT.
– Offers are non-binding unless the offer specifies an acceptance period. If the offer is not
accepted within the specified period, the offer expires.
– Delivery times in quotations are indicative and do not entitle the buyer to dissolution or
compensation if exceeded unless the parties have agreed otherwise in writing.
**Article 6: Right of Withdrawal**
– The right to withdraw from the agreement within 14 days of receiving the order without giving
any reason (right of withdrawal) does not apply to the products and services of DailyMiners.
**Article 7: Modification of the Agreement**
– If, during the execution of the agreement, it appears that it is necessary to modify or
supplement the work to be done for proper execution, the parties will adjust the agreement
accordingly in a timely manner and by mutual agreement.
– If the parties agree that the agreement will be modified or supplemented, this may affect the
completion time. The seller will inform the buyer of this as soon as possible.
– If the modification of or addition to the agreement has financial and/or qualitative
consequences, the seller will inform the buyer in writing in advance.
– If the parties have agreed on a fixed price, the seller will indicate to what extent the
modification or supplement to the agreement will result in exceeding this price.
– In deviation from the provisions of the third paragraph of this article, the seller cannot charge
additional costs if the modification or supplement is the result of circumstances that can be
attributed to them.
– If the buyer commits fraud or actions that violate laws or regulations, based on which the seller
cannot reasonably be expected to continue this agreement.
**Article 8: Delivery and Transfer of Risk**
– Once the purchased goods have been received by the buyer, the risk transfers from the seller
to the buyer.
**Article 9: Inspection and Complaints**
– The buyer is obliged to inspect the delivered goods at the time of (delivery), or in any case
within the shortest possible period, to examine whether the quality and quantity of the delivered
goods correspond to what the parties have agreed upon, or at least meet the requirements that
apply in regular (trade) traffic.
– Complaints regarding damage, shortages, or loss of delivered goods must be reported in
writing to the seller by the buyer within 10 working days after the day of delivery.
– If the complaint is justified within the specified period, the seller has the right to either repair,
re-deliver, or refrain from delivery and send the buyer a credit note for that part of the purchase
price.
– Minor deviations and/or deviations customary in the industry and differences in quality,
quantity, size, or finish cannot be attributed to the seller.
– Complaints regarding a specific product do not affect other products or parts of the same
agreement.
– No complaints will be accepted after the goods have been processed by the buyer.
**Article 10: Delivery**
– Delivery is ‘ex-works/shop/warehouse.’ This means that all costs are borne by the buyer.
– The buyer is obliged to take delivery of the products at the time the seller delivers them to
them or has them delivered, or at the moment when these products are made available to them
according to the agreement.
– If the buyer refuses to accept the goods or is negligent in providing information or instructions
necessary for the delivery, the seller is entitled to store the goods at the buyer’s expense and
risk.
– If products are delivered by a third party, the seller is entitled to charge any delivery costs.
– If the seller requires information from the buyer for the execution of the agreement, the delivery
time begins after the buyer has provided this information to the seller.
– A delivery period specified by the seller is indicative. This is never a deadline.
– The seller is entitled to deliver the products in parts unless the parties have agreed otherwise
in writing, or partial delivery has no independent value. The seller is entitled to invoice these
parts separately in the case of partial delivery.
**Article 11: Force Majeure**
– If the seller cannot, cannot timely, or cannot properly fulfill its obligations under the agreement
due to force majeure, it is not liable for damages suffered by the buyer.
– The parties define force majeure as 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 execution
of the agreement cannot reasonably be expected by the buyer, such as illness, war or war
danger, civil war and riot, sabotage, terrorism, energy failure, flooding, earthquake, fire, airplane/
ship accident, business occupation, strikes, lockouts, changed government measures,
transportation difficulties, production problems (manufacturer), and other disruptions in the
seller’s business.
– Additionally, the parties define force majeure as the situation in which suppliers, on whom the
seller depends for the execution of the agreement, do not fulfill their contractual obligations
towards the seller, unless the seller is at fault.
– If a situation arises as described above, as a result of which the seller cannot fulfill its
obligations towards the buyer, these obligations will be suspended as long as the seller cannot
fulfill its obligations. If the situation referred to in the previous sentence lasts for 30 calendar
days, the parties have the right to dissolve the agreement in writing, in whole or in part.
– In case the force majeure lasts longer than three months, the buyer has the right to terminate
the agreement with immediate effect. Termination can only be done by registered mail.
**Article 12: Transfer of Rights**
– The rights of a party under this agreement cannot be transferred without the prior written
consent of the other party. This provision applies as a clause with property law effect as referred
to in Article 3:83, second paragraph, of the Dutch Civil Code.
**Article 13: Retention of Title and Right of Retention**
– The goods and parts present with the seller and the goods and parts delivered by the seller
remain the property of the seller until the buyer has paid the full agreed price. Until then, the
seller can invoke its retention of title and take back the goods.
– If the agreed advance payments are not or not timely paid, the seller has the right to suspend
the work until the agreed part is paid. In that case, there is creditor default. Late delivery cannot
be held against the seller.
– The seller is not entitled to pledge or otherwise encumber the goods subject to retention of
title.
– The seller is obliged to insure the goods delivered under retention of title against fire,
explosion, and water damage, as well as against theft, and to make the policy available for
inspection upon request.
– If goods have not yet been delivered, but the agreed advance payment or price is not paid in
accordance with the agreement, the seller has the right of retention. The goods 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 by the buyer, the obligations
of the buyer are immediately due and payable.
**Article 14: Liability**
– DailyMiners accepts no liability for the content of the website, price changes, offers, and
availability. DailyMiners can change information or prices on the website at any time without prior
notice. Furthermore, we are not liable and do not guarantee the uninterrupted and error-free
operation of the website, and for the consequences of not being able to, being damaged,
incorrectly or not timely receiving or sending email messages regarding a service of DailyMiners.
DailyMiners is also not liable for any damage or defects caused by visiting and using the website.
The liability of DailyMiners is limited to delivering a non-defective product and the
manufacturer’s warranty provided by the manufacturer. The price of our products or services
may be subject to fluctuations in the financial market over which DailyMiners has no influence
and which may occur within the withdrawal period