General Terms and Conditions (GTC) of HashCore regarding the purchase of products.
Scope of application and validity
These General Terms and Conditions (“GTC”) govern the contractual relationship between HashCore (“HashCore”) and the customer (the “Customer”). They apply to the sale of products (the “Products”) by HashCore to the Customer. The Products offered by HashCore are not intended for resale by the Customer.
General terms and conditions of the Customer shall not apply.
Offers, the conclusion of contract, and parts of the contract
A contract between HashCore and the Customer (the “Contract”) shall be concluded as follows:
By both parties signing a written contract document;
by the Customer signing the offer or order confirmation of HashCore. Offers from HashCore shall be valid for 24 hours unless the offer specifies a different period of validity;
by HashCore confirming a binding order of a Customer via the order process on the HashCore website (including the acceptance of these GTC) by e-mail. The offers of HashCore on its website represent a non-binding offer to the Customer to order Products in the online store. By ordering Products on the HashCore website, the Customer submits a binding offer to conclude a purchase agreement with respect to the selected Products. HashCore shall be entitled to accept this offer within [<3>] working days by sending an order confirmation by e-mail. If HashCore decides not to execute an order, it shall notify the Customer thereof without undue delay and refund the purchase price, if already paid to it. In this case, no contract is concluded; or
by tacit behavior in which the customer accepts services from HashCore that are usually provided only against compensation.
The contract is subject to the condition that dissolves the contract if the manufacturer or supplier of the products is responsible for the impossibility of delivery.
Products and prices
Images of products in advertising, brochures, online store, etc. are for illustrative purposes and are not binding.
The products are sold at the prices indicated at the time of the order. The prices also include the statutory VAT.
Unless separately indicated to the customer, delivery charges are included in the purchase price.
These prices are exclusive of any taxes, duties, or other charges. The customer is solely responsible for the payment of any such taxes, duties or other charges that may be incurred in connection with the purchase of products.
Terms of payment
The delivery of the ordered Products shall be made exclusively against prepayment of the full purchase price including delivery charges.
In case of ordering the Products through the online ordering process, the payment shall be made by direct Bitcoin payment, by credit card or by bank transfer to the specified account.
If the payment is not received within the usual time limit for the payment method used, HashCore is entitled:
suspend delivery until further notice until HashCore receives payment; or
to terminate the contract.
Terms of delivery
The Products will be delivered to the delivery address indicated by the Customer, unless otherwise agreed.
The delivery date is given for information purposes only and is not binding on HashCore. In particular, the dates shall not be considered as expiry dates. The Customer is not entitled to refuse acceptance of the Products, to withdraw, cancel or revoke the order or to claim damages for late delivery.
If delivery is prevented due to Customer’s negligent acts or omissions, risk in the Products shall pass to Customer on the date the Products were ready for delivery.
Pre-orders will be shipped as soon as the manufacturer has delivered the products to HashCore’s warehouse. Delays caused by the manufacturer or shipping company do not entitle the customer to claim damages or to cancel or revoke the order.
Should any problems arise during customs clearance, HashCore is not responsible for any losses or fees. The customer is solely responsible for the clearance process of the goods. The customer is not entitled to claim damages due to delivery delays or problems arising during customs clearance.
If an order is blocked or confiscated by customs, the customer will be charged for any fees incurred and no refund or cancellation or revocation will be granted.
If a manufacturer of the products fails to deliver the goods to HashCore as promised, HashCore cannot be held responsible for any losses or charges. If a delivery date for pre-orders is postponed, the order will be automatically rescheduled. Orders due to delayed batches (batches) or batches canceled by the manufacturer will not result in the customer being entitled to a refund of the purchase price or cancellation of the order.
Cancellation and LIeferung Possibility
Once a contract has been concluded, HashCore does not accept returns or cancellations of orders. In particular, there is no right to cancellation.
If a (partial) delivery impossibility (resolving condition according to section 2(b)) occurs after the conclusion of the contract according to section 2(a), 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 or failure of delivery are excluded.
All products are to be checked by the customer immediately after receipt for correctness, completeness, and defects.
If the customer discovers defects, these must be reported immediately. Otherwise, the customer loses his warranty rights.
The customer’s warranty rights are exclusively based on the manufacturer’s terms and conditions. These warranty rights vis-à-vis HashCore shall exclusively consist in HashCore asserting the warranty rights pursuant to the manufacturer’s terms and conditions vis-à-vis the manufacturer/supplier. If the manufacturer/supplier does not voluntarily comply with its warranty obligation, HashCore shall assign the warranty rights to the customer for legal enforcement. There shall be no further warranty rights against HashCore.
Any refunds of the purchase price will always and exclusively be made on the basis of the amount paid in CHF on the day of the order.
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 their terms and conditions. The warranty of HashCore is excluded in this respect.
The customer loses his warranty rights in any case if:
he modifies the device or the software in any way (voltage modification, removal of the fan, etc.);
he removes or replaces components of the products himself without prior written permission from HashCore;
the damage is caused by bad power supply, lightning, or overvoltage;
parts burn on hash plates or chips;
The damage is caused by immersion in water or corrosion due to a humid environment.
HashCore shall be liable for damages suffered by the customer due to a culpable breach of contract by HashCore, irrespective of the legal reason, up to the amount of the remuneration paid by the customer to HashCore for the product giving rise to the liability.
Liability for loss of profit, unrealized savings, recourse claims by third parties, damages resulting from interruption of operations or from delay in delivery as well as for all indirect and consequential damages is excluded.
Liability for acts and omissions of auxiliary persons of HashCore is excluded.
HashCore shall not be liable for any problems arising or occurring during customs clearance. The Customer is solely responsible for the customs clearance process. In case of a return of goods to the place of the original warehouse, the customer is not entitled to a refund of the purchase price.
The limitation of liability set out in this clause does not apply to personal injury or to damage caused intentionally or by gross negligence. HashCore shall be liable for such damages without limitation.
HashCore may terminate a contract extraordinarily and without notice for good cause if the customer has seriously breached the contract or if bankruptcy or composition proceedings have been instituted against the customer.
HashCore is not liable for events of force majeure. If despite all due care, HashCore is unable to meet its contractual obligations due to force majeure, the performance of the contract or the date for the performance of the contract shall be postponed for as long as the circumstance of force majeure persists.
Force majeure refers to events that affect HashCore from the outside and over which HashCore has no influence. Cases of force majeure are in particular: Disruptions of public power supply, public communication infrastructure as well as transport routes, government measures, virus or hacker attacks, fire, extraordinary weather conditions, epidemics, pandemics, nuclear and chemical accidents, earthquakes, war, terrorist attacks, strikes, and sabotage, etc.
The parties undertake to keep secret all facts, information, and data of which they become aware in connection with a contract and in the secrecy in which the other party has an interest. Furthermore, the parties undertake not to use such facts, information, and data for purposes other than the performance of the contract.
The obligation to maintain secrecy shall apply beyond the termination of the contract as long as there is an interest in maintaining secrecy.
The information which is generally known or which is lawfully acquired by a party independently of the contractual relationship shall not be subject to secrecy. Furthermore, the statutory duties of disclosure shall remain reserved.
The parties shall ensure that their employees, auxiliary persons called in, and subcontractors are obliged to comply with the confidentiality obligations.
HashCore may list the Customer as a reference customer in advertising documents. Any further presentation of the customer relationship in terms of content shall require the prior consent of the customer.
Changes or additions to the contractual provisions must be in writing and signed by both parties in order to be valid.
Reserved are service changes of minor importance, which can be agreed upon in meetings of project committees, by the exchange of emails, or in a similar way.
A contract as well as individual rights and obligations resulting therefrom may only be transferred or assigned with the consent of the contractual partner.
The client may not set off alleged claims for damages against claims for compensation by HashCore.
The nullity or voidability of one or more provisions of a contract shall not invalidate the validity of the remaining provisions. In such a case, the parties shall endeavor to replace the invalid or voidable provision with another valid and enforceable provision that comes as close as possible to the invalid or void provision in its legal and economic content.
Place of jurisdiction and applicable law
Any contract shall be governed exclusively by Irish law to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980 and the Act on Private International Law.
Any disputes arising out of or in connection with a contract shall be subject to the exclusive jurisdiction of the courts of Dublin, Ireland. Consumers may additionally sue at their place of residence.