General Terms and Conditions (GTC) of Prominerz  regarding the purchase of products

Please read our Terms and Conditions carefully before you purchase.

General Terms and Conditions (GTC) of Prominerz regarding the purchase of products.

(Version September 2020)

  1. Scope and validity
    1. These General Terms and Conditions (“GTC”) govern the contractual relationship between Prominerz<spanle-converted-space”>  (” Prominerz”) and the client (the ” Client”). They apply to the sale of products (the ” Products”) of Prominerz to the Client. The products offered by Prominerz are not intended for resale by the Client.
    2. General terms and conditions of the customer do not apply.
  2. Offers, conclusion of contract and contract components
    1. A contract between Prominerz and the client (the “Contract”) is concluded as follows:
      1. (i)by signing a written contract document on both sides;
      2. (ii)by signing the offer or an order confirmation of Prominerz by the client. Offers made by Prominerz are valid for 24 hours, unless the offer specifies a different period of validity;
      3. (iii)by Prominerz confirming a binding order of a client via the ordering process on the website of Prominerz (including the acceptance of these GTC) by e-mail. The offers made by Prominerz on its website represent a non-binding offer to the Client to order products in the online store. By ordering products on Prominerz’s website, the Client submits a binding offer to conclude a purchase agreement with respect to the selected products. Prominerz is entitled to accept this offer within 2 working days by sending an order confirmation by e-mail. If Prominerz decides not to execute an order, it shall immediately inform the client and refund the purchase price, provided that it has already been paid. In this case, no contract will be concluded; or
      4. (iv)by tacit conduct in which the client accepts services from Prominerz that are usually only provided against compensation.
    2. The contract is subject to the condition that the contract is terminated if the manufacturer or supplier of the products is responsible for the impossibility of delivery.
  • Products and prices
    1. Images of products in advertising, brochures, online store, etc. are for illustration purposes and are not binding.
    2. The products are sold at the prices indicated at the time of ordering. The prices do not include the local VAT.
    3. If not shown separately to the customer, the delivery charges are included in the purchase price.
    4. These prices are exclusive of any taxes, customs duties or other fees. The customer is solely responsible for paying any such taxes, duties or other fees that may be incurred in connection with the purchase of products.
  • Terms of payment
    1. The delivery of the ordered products is exclusively against prepayment of the full purchase price including delivery charges.
    2. In case of ordering the products through the online ordering process, payment shall be made by direct Bitcoin payment, by credit card or by bank transfer to the account indicated.
    3. If the payment is not received within the time limit usual for the method of payment used, Prominerz shall be entitled
      1. (i)suspend delivery until further notice until Prominerz receives payment; or
      2. (ii)to terminate the contract.
  • Terms of delivery
    1. The products are delivered to the delivery address indicated by the customer, unless otherwise agreed.
    2. The delivery date is given for information purposes only and is not binding for Prominerz. In particular, the dates shall not be considered expiration dates. The client is not entitled to refuse acceptance of the products, to withdraw, cancel or revoke the order or to claim damages for late delivery.
    3. If delivery is prevented due to the Customer’s negligent acts or omissions, the risk for the Products shall pass to the Customer on the day on which the Products were ready for delivery.
    4. Pre-orders are shipped as soon as the manufacturer has delivered the products to the Prominerz warehouse. Delays caused by the manufacturer or shipping company do not entitle the client to claim damages or to cancel or revoke the order.
    5. Should problems occur during customs clearance, Prominerz is not responsible for any losses or fees. The client is solely responsible for the clearance process of the goods. The client is not entitled to claim for damages due to delays in delivery or problems arising during customs clearance.
    6. If an order is blocked or confiscated by customs, the customer will be charged the applicable fees and no refund or cancellation or revocation will be given.
    7. If a manufacturer of the products does not deliver the goods to Prominerz as promised, Prominerz cannot be held responsible for any losses or fees. Should a delivery date for pre-orders be postponed, the order will be automatically rescheduled. Orders due to delayed batches (batches) or batches cancelled by the manufacturer shall not result in the client being entitled to a refund of the purchase price or to a cancellation of the order.
  • Cancellation and delivery
    1. After the conclusion of a contract, Prominerz does not accept returns or cancellations of orders. In particular, there is no right of withdrawal.
    2. If after conclusion of the agreement pursuant to clause 2(a) a (partial) delivery is not possible (resolutory condition pursuant to clause 2(b)), the customer will be informed immediately by e-mail. If the customer has already paid the purchase price, it will be refunded within 20 days. Further claims due to delay in delivery or failure of delivery are excluded.
  • Warranty
    1. All products must be checked by the customer immediately after receipt for correctness, completeness and defects.
    2. If the customer discovers defects, these must be reported immediately. Otherwise the customer loses his warranty rights.
    3. The customer’s warranty rights are exclusively based on the manufacturer’s conditions. With respect to Prominerz, these warranty rights shall exclusively consist in Prominerz asserting the warranty rights against the manufacturer/supplier in accordance with the manufacturer’s terms and conditions. If the manufacturer/supplier does not voluntarily comply with his warranty obligations, Prominerz shall assign the warranty rights to the client for legal enforcement. There are no further warranty rights against Prominerz.
    4. Any refunds of the purchase price will always and exclusively be based on the amount paid in CHF on the day of the order.
    5. In the event of damage to a product during transport, the customer is obliged to make warranty claims against the transport company in accordance with its terms and conditions. The warranty of Prominerz is excluded in this respect.
    6. In any case the customer loses his warranty rights if:
      1. (i)he modifies the device or the software in any way (voltage modification, removal of the fan, etc.)
      2. (ii)he removes or replaces components of the products himself without prior written permission from Prominerz;
      3. (iii)the damage is caused by poor power supply, lightning or overvoltage
      4. (iv)Burn parts on hash plates or chips;
      5. (v)The damage is caused by immersion in water or corrosion caused by a humid environment.
  • Liability
    1. Prominerz shall be liable for any damages suffered by the Client that are due to a culpable breach of contract by Prominerz, regardless of the legal basis, up to the amount of the remuneration paid by the Client for the product Prominerz that triggered the liability.
    2. Liability for loss of profit, unrealized savings, recourse claims of third parties, damages from business interruptions or from delay in delivery as well as for all indirect and consequential damages is excluded.
    3. Liability for actions and omissions of Prominerz’s auxiliary persons is excluded.
    4. Prominerz is not liable for any problems that may arise or occur during customs clearance. The client is solely responsible for the customs clearance process. In case goods are returned to the place of the original warehouse, the client is not entitled to a refund of the purchase price.
    5. The limitation of liability set out in this clause does not apply to personal injury or damage caused intentionally or by gross negligence. Prominerz shall be liable for such damages without limitation.
  • Termination

Prominerz may terminate a contract extraordinarily and without notice for good cause if the client has seriously violated the contract or if bankruptcy or composition proceedings have been opened against him/her.

  1. HIGHER FORCE
    1. Prominerz is not liable for events of force majeure. If Prominerz is unable to fulfill its contractual obligations due to force majeure despite all due diligence, the performance of the contract or the date for the performance of the contract shall be postponed for as long as the force majeure circumstance persists.
    2. Force majeure is an event that affects Prominerz from outside and over which Prominerz has no influence. Cases of force majeure shall be deemed to be in particular disturbances of the public power supply, public communication infrastructure as well as transport routes, governmental measures, virus or hacker attacks, fire, extraordinary weather conditions, epidemics, pandemics, nuclear and chemical accidents, earthquakes, war, terrorist attacks, strikes and sabotage, etc.
  • SECRET HEADING
    1. The parties undertake to maintain secrecy with regard to all facts, information and data which become known to them in connection with a contract and in the secrecy of which the other party has an interest. Furthermore, the parties undertake not to use such facts, information and data for any purpose other than the performance of the contract.
    2. The obligation of secrecy shall continue to apply after the termination of the contract as long as a confidentiality interest exists.
    3. Information which is generally known or which is lawfully acquired by one party independently of the contractual relationship is not subject to secrecy. Furthermore, the statutory disclosure obligations remain reserved.
    4. The parties shall ensure that their employees, auxiliary persons and subcontractors are obliged to observe the confidentiality obligations.
    5. Prominerz may list the client as a reference client in advertising materials. Any further representation of the client relationship in terms of content requires the prior consent of the client.
  • FINAL PROVISIONS
    1. Writing
    2. Changes or additions to the contractual provisions must be made in writing and signed by both parties to be valid.
    3. The right is reserved to make changes to services of minor importance, which can be agreed at meetings of project committees, through the exchange of e-mails or in a similar manner.
  • Assignment
    1. A contract as well as individual rights and obligations resulting from it may only be transferred or assigned with the consent of the contractual partner.
  • Billing
    1. The client may not offset alleged claims for damages against claims for compensation by Prominerz.
  • Partial Invalidity

The invalidity or contestability of one or more provisions of a contract does not invalidate the validity of the remaining provisions. In such a case, the parties shall endeavour to replace the invalid or contestable provision by another valid and enforceable provision which comes as close as possible to the invalidated provision in its legal and economic content.

  • Place of jurisdiction and applicable law
  • Each contract shall be governed exclusively by Swiss law to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods of April 11, 1980 and the Federal Law on Private International Law.
  • The courts in Zürich, Switzerland, shall have exclusive jurisdiction for disputes arising from or in connection with a contract. Consumers may also sue at their place of residence.