Article 1: Identity.
DailyMiners is an online platform where you can purchase IoT and DEPIN related hardware devices. DailyMiners is based in the Netherlands.
Article 2: Definitions.
DailyMiners is referred to as Seller in these general terms and conditions.
The other party of Seller is referred to as Buyer in these general terms and conditions.
Parties are Seller and Buyer together.
Agreement means the purchase agreement between the parties.
Article 3: Applicability of general terms and conditions.
These terms and conditions shall apply to all quotations, offers, agreements, and deliveries of products by or on behalf of the Seller.
Deviation from these terms and conditions is only possible if agreed in writing by the parties.
Article 4: Payment.
The full purchase price is always paid in advance online. This applies in the case of online orders, reservations, and pre-orders. The conditions will be clearly communicated at all times by mail and/or Seller’s website. In all cases, the Buyer will receive proof of purchase/reservation/pre-order and payment.
If the Buyer does not pay on time, he will be in default. If the Buyer remains in default, the Seller is entitled to suspend the obligations until the Buyer has fulfilled his 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 shall be calculated on the basis of the Decree on compensation for extrajudicial collection costs, shipping costs, import duties, administrative costs, and any loss of value on the products.
In case of liquidation, bankruptcy, attachment, or suspension of payment of the Buyer, the Seller’s claims on the Buyer shall be immediately due and payable.
If the Buyer refuses to cooperate in the execution of the order by the Seller, he shall still be obliged to pay the agreed price to the Seller.
Article 5: Offers, quotations, and price.
The prices mentioned on the website include VAT.
Import duties or import levies on delivery from the Seller to the Buyer shall be borne by the Buyer.
Offers are non-binding, provided the offer mentions a deadline for acceptance. If the offer is not accepted within that period, the offer shall lapse.
Delivery times in offers are indicative and if exceeded do not entitle the Buyer to dissolution or damages unless the parties have agreed otherwise in writing.
Article 6: Modification of the agreement.
DailyMiners products are subject to the right of withdrawal within 14 days after receipt of the order (right of withdrawal).
Article 7: Modification of the agreement.
If during the execution of the agreement it appears that for a proper execution of the assignment it is necessary to change or supplement the work to be done, the parties shall adapt the agreement in good time and in mutual consultation.
If the parties agree that the agreement will be amended or supplemented, this may affect the time of completion of the execution. The Seller shall inform the Buyer of this as soon as possible.
If the amendment or supplement to the Agreement has financial and/or qualitative consequences, the Seller shall inform the Buyer thereof in writing in advance.
If the parties have agreed on a fixed price, the Seller shall also indicate the extent to which the change or supplement to the Agreement will result in this price being exceeded.
Notwithstanding the provisions of paragraph 3 of this article, the Seller may not charge additional costs if the change or supplement is the result of circumstances attributable to the Seller.
If the Buyer is guilty of fraud or acts contrary to laws or regulations on the grounds of which the Seller cannot reasonably be expected to continue this agreement.
Article 8: Delivery and transfer of risk.
As soon as the purchased item is received by the Buyer, the risk passes from the Seller to the Buyer.
Article 9: Examination and complaints.
The Buyer shall be obliged to examine the delivered goods, or have them examined, at the time of delivery, but in any event within as short a period as possible. In doing so, the Buyer shall examine whether the quality and quantity of the goods delivered are in accordance with what the parties have agreed, or at least whether the quality and quantity meet the requirements applicable to them in normal (commercial) dealings.
The Buyer is obliged to immediately report complaints about the work carried out to the Seller. The complaint shall contain as detailed a description as possible of the shortcoming, so that the Seller is able to respond adequately.
Complaints will be answered within 14 days at the latest. If we need more time to do so, we will let you know within 14 days when you can expect an answer. This only applies to complaints regarding the products delivered by us. Different rules apply to complaints regarding our processing of your personal data. For more information on this, please contact us.
If the complaint is upheld within the specified period, the Seller shall be entitled to either repair, redeliver or abandon delivery and send the Buyer a credit note for that part of the purchase price.
Minor and/or industry-standard deviations and differences in quality, number, size, or finish cannot be held against the Seller.
Complaints regarding a certain product do not affect other products or parts belonging to the same agreement.
Article 10: Delivery.
Delivery is made ‘ex-factory/shop/warehouse’. This means that all costs are for the Buyer.
The Buyer will be obliged to accept products at the moment that the Seller delivers them or has them delivered, or at the moment at which these products are made available to him in accordance with the agreement.
If the Buyer refuses to take delivery or fails to provide information or instructions necessary for delivery, the Seller shall be entitled to store the goods at the Buyer’s expense and risk.
If products are delivered through a third party (a party other than the Seller’s partner), the Seller shall be entitled to charge any delivery costs.
If the Seller requires information from the Buyer for the performance of the Agreement, the delivery period shall commence after the Buyer has made this information available to the Seller.
A delivery period or time stated by the Seller is indicative. It can never be regarded as a deadline.
The Seller shall be entitled to deliver the products or orders in parts, unless the parties have agreed otherwise in writing or no independent value can be attributed to a partial delivery. In the event of delivery in parts, Seller is entitled to invoice these parts separately.
Article 11: Force majeure.
If the Seller cannot fulfil his obligations under the agreement, or cannot fulfil them on time or properly, due to force majeure, he shall not be liable for any damage suffered by the Buyer.
By force majeure the parties mean in any case every circumstance which the Seller could not take into account at the time the agreement was entered into and as a result of which the normal performance of the agreement cannot reasonably be required by the Buyer, such as illness, war or danger of war, civil war and riots, acts of war, sabotage, terrorism, energy failure, flooding, earthquake, fire, plane/boat crash, occupation of the factory, strikes, lockout, changed government measures, transport difficulties, production problems (manufacturer) and other disruptions in the Seller’s business or manufacturer.
Furthermore, the parties shall understand force majeure to mean the circumstance that supplier companies on which the Seller depends for the execution of the agreement fail to comply with their contractual obligations towards the Seller, unless this is attributable to the Seller.
If a situation as referred to above occurs as a result of which the Seller cannot fulfil its obligations to the Buyer, those obligations shall be suspended for as long as the Seller cannot fulfil its obligations. If the situation referred to in the previous sentence has lasted for 30 calendar days, the parties shall be entitled to dissolve the agreement in writing in full.
In case the force majeure continues for more than three months, the Buyer has the right to dissolve the agreement with immediate effect. Dissolution can only be done by registered letter.
Article 12: Transfer of rights.
Rights of a party under this agreement cannot be transferred without the prior written consent of the other party. This provision counts as a clause with effect under property law as referred to in Article 3:83(2) of the Civil Code.
Article 13: Retention of title and right of retention.
The goods and parts present at the Seller’s premises shall remain the Seller’s property until the Buyer has paid the entire agreed price. Until that time, the Seller may invoke its retention of title and repossess the goods.
If the agreed amounts to be paid in advance are not paid or not paid in time, the Seller is entitled to suspend the work until the agreed part has been paid. This shall constitute default of payment. Late delivery cannot be held against the Seller in that case.
The Seller shall not be authorised to pledge or otherwise encumber the goods subject to 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 and against theft and to make the policy available for inspection on demand.
In case of liquidation, insolvency, or suspension of payment of the Buyer, the obligations of the Buyer shall become immediately due and payable.
Article 14: Liability.
DailyMiners does not accept any liability for the content of the website, prices, price changes, offers, and availability. DailyMiners can always change information or prices on the website without further notice. DailyMiners is not liable and does not offer any guarantee for the uninterrupted and error-free functioning of the website, and for the consequences of the inability, damage, incorrect or untimely receipt or sending of e-mail messages in relation to a service of DailyMiners. DailyMiners is also not liable for any damage or defect that may arise from visiting and using the website. DailyMiners’ liability is limited to providing a non-faulty product and the manufacturer’s warranty provided by the manufacturer.
Any liability for damage arising from or related to the execution of an agreement is always limited to the amount paid out in the case in question by the liability insurance(s) taken out. This amount shall be increased by the amount of the excess under the relevant policy. If no liability insurance is in place, the risk shall lie with the Buyer.
Not excluded is the Seller’s liability for damage resulting from intent or deliberate recklessness on the part of the Seller or its managerial subordinates.
DailyMiners accepts no liability for setting up or installing devices.
DailyMiners accepts no liability for exchange rate changes of specific tokens in relation to purchases in tokens or later delivery of goods.
DailyMiners accepts no liability for Buyer’s costs resulting from a delayed delivery time.
DailyMiners accepts no liability if import duties at the Buyer’s delivery address are higher than expected for the Buyer.
DailyMiners accepts no liability for any hardforks and/or changes made by the network of a particular token, which have an adverse effect on the yield of a device.
Article 16: Disputes.
The agreements to which these general terms and conditions relate shall be governed exclusively by Dutch law. All disputes relating to the aforementioned agreements will be submitted to the competent court to be chosen by the Seller.
Article 17: Guarantees.
If guarantees are included in the agreement, the following shall apply. Seller guarantees that the goods sold comply with the agreement, that they will function without defects and that they are suitable for the use which the Buyer intends to make of them. The guarantee is limited to the factory guarantee given by DailyMiners’ suppliers.
The guarantee referred to is intended to create between the vendor and the Buyer such an allocation of risks that the consequences of a breach of a guarantee are always fully at the expense and risk of the vendor and that the vendor can never invoke article 6:75 of the Dutch Civil Code with regard to a breach of a guarantee. The provisions of the previous sentence shall also apply if the Buyer was aware or could have been aware of the breach by conducting an investigation.
The said guarantee does not apply when the defect has arisen as a result of injudicious or improper use or when – without permission – the Buyer or third parties have made changes or attempted to make changes or have used the purchased item for purposes for which it is not intended.
If the guarantee provided by the Seller relates to an item manufactured by a third party, the guarantee shall be limited to the guarantee provided by that manufacturer.
Article 18: Use and export restrictions.
Users of DailyMiners’ products are obliged to comply with all local and international export laws and regulations. This includes not exporting or re-exporting products to countries or persons subject to sanctions or embargoes imposed by the European Union, the United States, or any other jurisdiction.
Customer warrants that they are not located in, under the control of, or have a nationality or residence in any country subject to such sanctions or embargoes.
DailyMiners reserves the right to refuse a transaction if there is reasonable suspicion that the products may be used for purposes contrary to export restrictions.
Article 19: Applicable law.
This agreement between Seller and Buyer is exclusively governed by Dutch law.
The applicability of the Vienna Sales Convention is excluded, and, as a result, certain international rules.
If in legal proceedings one or more provisions of these general terms and conditions are deemed unreasonably onerous, the other provisions shall remain in full force.
Article 20: Additional or deviating provisions.
Additional provisions or provisions deviating from these general terms and conditions may not be to the detriment of Buyer and must be recorded in writing or in such a way that they can be stored in an accessible manner by the consumer on a durable data carrier.
Article 21: Amendments to the general terms and conditions.
Amendments to these terms and conditions shall only take effect after they have been published in an appropriate manner, on the understanding that in the event of applicable amendments during the term of an offer, the provision most favourable to the customer shall prevail.