General terms
GENERAL TERMS AND CONDITIONS
I. Introductory provisions
1. These general terms and conditions (hereinafter referred to as "GTC") are issued by the company:
CRYPTO ASSET MC s.r.o.
with registered office: Záhradná 9792/52, 917 08 Trnava, Slovak Republic
ID: 53230663
VAT number: SK2121337647
entered in the Commercial Register of the Trnava District Court, section Sro, insert no. 47343/T
contact details:
email: cryptoassetmc@cryptoassetmc.com
phone: +421 917 260 318
www.asicminerscenter.com
(hereinafter referred to as "Seller").
2. These GTC regulate the mutual rights and obligations between the Seller and a natural person, legal entity or other legal entity that concludes a purchase contract (hereinafter referred to as the "Buyer") through the website www.asicminerscenter.com (hereinafter referred to as the "Online Store").
3. Legal relations between the Seller and the Buyer established by the purchase contract are governed by these General Terms and Conditions and the following legal regulations:
a) relevant provisions of Act no. 40/1964 Coll. Civil Code as amended (hereinafter referred to as the "Civil Code"),
b) Act No. 108/2024 Coll. on consumer protection and amendments to certain laws (hereinafter referred to as the "Consumer Protection Act"),
c) other valid and effective legal regulations of the Slovak Republic.
4. These General Terms and Conditions of the Seller and their individual provisions are an integral part of the purchase contract concluded between the Seller and the Buyer. Different arrangements in a separately agreed purchase contract take precedence over the provisions of these General Terms and Conditions.
5. These GTC and the purchase contract are concluded in the Slovak language.
II. Information about goods and prices
1. Information about the goods, including the prices of the individual goods and their main features, are listed with the individual goods in the catalog of the Internet store. The prices of the goods are listed including value added tax (hereinafter referred to as "VAT"), all related fees and costs for returning the goods, if the goods by their nature cannot be returned by post. The prices of the goods remain valid for the period during which they are displayed in the Online Store.
2. All presentations of goods placed in the Internet Store catalog are of an informative nature and the Merchant is not obliged to enter into a purchase contract regarding these goods.
3. Information on the costs associated with packaging and delivery of goods is published in the Online Store. The information on the costs associated with packaging and delivery of the goods listed in the Online Shop is only valid if the goods are delivered within the territory of the Slovak Republic.
4. Possible discounts from the purchase price of goods cannot be combined with each other, unless otherwise agreed between the Seller and the Buyer.
III. Order and conclusion of purchase contract
1. The Buyer acknowledges that all costs incurred by the Buyer when using means of communication at a distance in connection with the conclusion of the purchase contract (costs of Internet connection, costs of telephone calls) are paid by the Buyer himself. These costs do not differ from the base rate.
2. The buyer orders the goods in the following ways:
a) through your customer account after previous registration in the Online Store,
b) by filling out the order form without registration.
3. When placing an order, the Buyer selects the goods, the number of items, the method of payment and delivery.
4. Before sending the order, the Buyer is allowed to check and change the data he entered in the order. The Buyer sends the order to the Seller by clicking on the "Send order with payment obligation" button. The details given in the order are considered correct by the Merchant. The buyer undertakes to provide true, complete and up-to-date data in the order. The condition for the validity of the order is the filling in of all mandatory data in the order form and confirmation by the Buyer that he has familiarized himself with these General Terms and Conditions.
5. Immediately after receiving the order, the Seller will send the Buyer a confirmation of receipt of the order to the e-mail address that the Buyer entered in the order. This confirmation is automatic and is not considered to be the conclusion of a purchase contract. The purchase contract is concluded only after the order has been accepted by the Seller. Notification of order acceptance is delivered to the Buyer's email address. The current General Terms and Conditions of the Seller are attached to the announcement. The purchase contract is concluded upon delivery of the order acceptance notification by the Seller to the Buyer's email address.
6. In the event that the Seller cannot fulfill any of the requirements stated in the order, he will send the Buyer a changed offer (hereinafter referred to as the "New Offer") to his email address. The new offer is considered a new draft of the purchase contract, and the purchase contract is concluded in such a case by the Buyer's confirmation of acceptance of this offer to the Seller at his email address specified in these GTC.
7. All orders accepted by the Seller are binding. The Buyer may cancel the order until the Buyer is notified of the acceptance of the order by the Seller. The buyer can cancel the order by calling the contact phone number or contact email of the Seller listed in art. I point 1 of these GTC.
8. The Seller reserves the right to cancel the order or part of it, if he is unable to fulfill the order or part of it within the deadline for processing the order using his best efforts, for the following reasons:
a) it was not possible to confirm the order (wrong phone number, unavailable Buyer, Buyer does not respond to e-mails, etc.),
b) the goods are no longer produced or supplied or the price at the supplier of the goods has changed significantly,
c) the goods are not available at the manufacturer or at the supplier's external warehouse,
d) the manufacturer has made such serious changes to the goods that it is impossible to implement the order,
e) In the offer of goods, the Seller mistakenly (for example, due to a system error or typing error) states the price of the goods, which is clearly and objectively disproportionately low compared to the price for which the same goods are usually sold at the given time, while the Buyer must have been aware that the stated price of the goods is unreasonably low, objectively obvious (an unreasonably low price is considered to be the price of the goods which obviously does not even reach the minimum economically justified costs necessary for the purchase of the same goods at the given time).
9. In the case according to par. 8 letters e) of this article, the Seller informs the Buyer about the error without undue delay and sends the Buyer a New Offer to his email address. The new offer is considered a new draft of the purchase contract, and the purchase contract is concluded in this case by confirmation of acceptance by the Buyer to the Merchant's email address
IV. Customer account
1. Based on the Buyer's registration in the Online Store, the Buyer can access his customer account. The Buyer can order goods from his customer account. The buyer can also order goods without registration.
2. When registering for a customer account and when ordering goods, the Buyer is obliged to provide true, complete and up-to-date information. The Buyer is obliged to update the data in the user account in case of any change. Data provided by the Buyer in the customer account and when ordering goods are considered correct by the Merchant.
3. Access to the customer account is secured by a username and password. The buyer is obliged to maintain confidentiality regarding the information needed to access his customer account. The merchant is not responsible for any misuse of the customer's account by third parties.
4. The buyer is not entitled to allow third parties to use the customer account.
5. The Seller may cancel the user account, especially if the Buyer does not use his user account for a longer period of time, as well as if the Buyer violates his obligations under the purchase contract or these GTC.
6. The buyer acknowledges that the user account may not be available continuously, especially with regard to the necessary maintenance of the Seller's hardware and software equipment, or necessary maintenance of hardware and software equipment of third parties.
V. Payment terms
1. The Buyer is obliged to pay the Seller the purchase price for the goods according to the purchase contract concluded between the Buyer and the Seller.
2. The price of the goods and any costs associated with the delivery of the goods according to the purchase contract can be paid by the Buyer in the following ways:
a) by non-cash transfer to the specified bank account of the Seller,
b) non-cash payment card,
c) by cashless transfer to the Seller's account through the SLSP GP webpay payment gateway.
3. Together with the purchase price, the Buyer is obliged to pay the Seller the costs associated with the packaging and delivery of the goods in the agreed amount. Unless explicitly stated otherwise, the purchase price also includes the costs associated with the delivery of the goods.
4. In the case of non-cash payment, the purchase price is payable within 3 days from the conclusion of the purchase contract.</p.
5. In the case of payment through the payment gateway, the Buyer proceeds according to the instructions of the relevant provider of electronic payments.
6. In the case of non-cash payment, the Buyer's obligation to pay the purchase price is fulfilled when the relevant amount is credited to the Seller's bank account.
7. Payment of the purchase price before sending the goods is not a deposit.
VI. Delivery of goods
1. The goods are delivered to the Buyer:
a) to the address specified by the Buyer in the order,
b) by personal collection at the Seller's premises.
2. The choice of delivery method is made by the Buyer when ordering the goods.
3. The costs for the delivery of the goods, depending on the method of sending and receiving the goods, are indicated in the Buyer's order and in the Merchant's confirmation of the order. In the event that the method of transport is agreed on the basis of a special request of the Buyer, the Buyer bears the risk and possible additional costs associated with this method of transport.
4. If, according to the purchase contract, the Seller is obliged to deliver the goods to the place specified by the Buyer in the order, the Buyer is obliged to take over the goods upon delivery. If, for reasons on the part of the Buyer, it is necessary to deliver the goods repeatedly or in a different way than was specified in the order, the Buyer is obliged to pay the costs associated with repeated delivery of the goods, or costs associated with another delivery method.
5. The trader is obliged to pack the goods in such a way that there is no damage or deterioration of the goods during transport. The merchant is not responsible for late delivery of goods. The buyer is obliged to check the goods. When taking over the goods from the carrier, the Buyer is obliged to check the integrity of the packaging of the goods and, in the event of any defects, to notify the carrier immediately. In the event of detection of a violation of the packaging indicating an unauthorized intrusion into the shipment, the Buyer has the right to refuse to accept such a shipment from the carrier.
6. The Seller issues a tax document (hereinafter referred to as the "Invoice") to the Buyer. The invoice is attached to the delivered goods. If the Buyer agrees with the order, the Seller sends the tax document electronically to the Buyer's e-mail address.
7. The buyer acquires the ownership right to the goods by paying the entire purchase price for the goods, including delivery costs, but first by receiving the goods. Responsibility for accidental destruction, damage or loss of the goods passes to the Buyer at the moment of acceptance of the goods or at the moment when the Buyer had the obligation to accept the goods, but did not do so in violation of the purchase contract.
VII. Withdrawal from the contract
1. The buyer has the right to withdraw from the contract without giving a reason within 14 days. The period for withdrawing from the contract expires after 14 days from the day when the Buyer or a third party designated by him, with the exception of the carrier, takes over the goods.
2. When exercising the right to withdraw from the contract, the Buyer is obliged to inform the Seller of his decision to withdraw from this contract by a clear statement (for example, a letter sent by post to the address of the Seller or by e-mail).
3. For this purpose, the buyer can use the model form for withdrawing from the contract, which was given to him or delivered together with the goods. The buyer can fill out and send a sample form for withdrawal from the contract or any other clear declaration of withdrawal from the contract electronically via the Seller's website, link: ___________. With this option, the Seller will immediately confirm the acceptance of withdrawal from the contract by e-mail.
4. The period for withdrawal from the contract is preserved if the Buyer sends a notice of the exercise of the right to withdraw from the contract before the period for withdrawal from the contract expires.
5. After withdrawal from the contract, the Seller will return to the Buyer all payments made in connection with the conclusion of the contract, especially the purchase price, including the costs of delivering the goods to the Buyer. This does not apply to additional costs if the Buyer has chosen a different type of delivery than the cheapest normal delivery method. Payments will be returned to the Buyer without undue delay, at the latest within 14 days from the date on which the notice of withdrawal from the contract was delivered to the Seller. Their payment will be made in the same way as the payment for the goods was made, if the Buyer did not expressly agree to another payment method, without charging any additional fees.
6. Payment for the purchased goods will be paid to the Buyer only after the returned goods have been delivered back to the Seller's address or upon presentation of a document proving the return of the goods, whichever occurs first.
7. The goods must be sent back to the Merchant's address no later than 14 days from the date of exercising the right to withdraw from the contract.
8. The Buyer bears the direct costs of returning the goods.
9. The buyer is responsible for any reduction in the value of the goods as a result of handling them in a way other than what is necessary to determine the nature, properties and functionality of the goods.
10. The buyer - consumer cannot withdraw from the contract, the subject of which is: (i) the provision of a service, if the service has been fully provided and the provision of the service began before the expiration of the period for withdrawing from the contract with the express consent of the consumer and the consumer declared that he was properly informed about by expressing consent, he loses the right to withdraw from the contract after the full provision of the service, if according to the contract the consumer is obliged to pay the price, (ii) the delivery or provision of a product, the price of which depends on the movement of prices on the financial market, which the Seller cannot influence and for which may occur during the period for withdrawing from the contract, (iii) delivery of goods manufactured according to the consumer's specifications or custom-made goods, (iv) delivery of goods subject to rapid deterioration or deterioration, (v) delivery of goods enclosed in protective packaging that it is not suitable to return due to health protection or hygiene reasons, if the protective packaging was broken after delivery, (vi) delivery of goods which, due to their nature, may be inseparably mixed with other goods after delivery goods, (vii) the delivery of alcoholic beverages, the price of which was agreed at the time of the conclusion of the contract, while their delivery can be carried out no earlier than 30 days and their price depends on price movements on the market, which the Seller cannot influence, (viii) the execution of urgent repairs or maintenance during a visit to the consumer, for which the consumer has expressly requested the Seller; this does not apply to a contract whose subject is the provision of a service other than repair or maintenance, and to a contract whose subject is the supply of goods other than a spare part necessary for repair or maintenance, if the contracts were concluded during the Seller's visit to the consumer and the consumer took these goods or did not order the services in advance, (ix) delivery of audio recordings, video recordings, audio-visual recordings or software in a protective packaging that was damaged after delivery, (x) delivery of periodicals except for its delivery based on a subscription contract, (xi) goods purchased on public auction, (xii) provision of accommodation services for a purpose other than housing, transport of goods, car rental, provision of catering services or provision of services related to leisure activities, if according to the contract the Seller is to provide these services at a precisely agreed time or in a precisely agreed time period, (xiii) delivery of digital content that the Seller delivers other than on a physical medium, if the delivery of digital content has begun and the consumer has given explicit consent to the start of delivery of digital content before the expiry of the withdrawal period, declared that he has been duly informed about the fact that by expressing consent he loses the right to withdraw from the contract by starting the delivery of digital content, and the Seller has provided the consumer with a confirmation according to § 17 par. 12 letters b) or par. 13 letters b) of the Consumer Protection Act, if the consumer is obliged to pay the price according to the contract.
VIII. Responsibilities of the Seller and complaints
1. The merchant is responsible to the buyer that the goods are free of defects upon receipt. Above all, the Merchant is responsible to the Buyer that at the time the Buyer took over the goods:
a) the goods have the properties agreed upon by the parties,
b) the goods have such properties that the Seller or manufacturer described or that the Buyer expected due to the nature of the goods,
c) the goods are suitable for the purpose stated by the Seller for their use or for which goods of the same type are normally used,
d) the goods correspond to the quality or design of the agreed sample or model, if the quality or design was determined according to the agreed sample or model,
e) the goods are in the corresponding quantity, measure or weight and
f) the goods comply with the requirements of legal regulations.
2. The Seller's obligations from faulty performance are at least to the extent that the manufacturer's obligations from faulty performance last. The buyer is otherwise entitled to exercise the right from a defect that occurs in consumer goods within 24 (twenty-four) months of receipt.
3. If the time during which the goods can be used is indicated on the sold goods, on their packaging, instructions attached to the goods or in advertising in accordance with other legal regulations, the provisions on the quality guarantee shall apply. With a quality guarantee, the Seller undertakes that the goods will be suitable for use for the usual purpose or that they will retain their usual properties for a certain period of time. If the Buyer justifiably complained to the Seller about the defect in the goods, the deadline for exercising rights from defective performance and the warranty period do not run for the period during which the Buyer cannot use the defective goods.
4. The provisions mentioned in the previous paragraph of the terms and conditions do not apply in the case of:
a) goods sold at a lower price due to a defect for which a lower price was agreed,
b) wear and tear of goods caused by their usual use,
c) used goods for a defect corresponding to the degree of use or
d) wear and tear that the goods had when taken over by the Buyer, or if this results from the nature of the goods.
5. The Buyer does not have the right from defective performance if he knew before taking over the goods that the goods had a defect, or if the Buyer himself caused the defect.
6. In the event of a defect, the Buyer may complain to the Merchant about such goods and demand:
a) exchange for new goods,
b) repair of goods,
c) a reasonable discount from the purchase price,
d) withdraw from the contract.
7. The buyer has the right to withdraw from the contract,
a) if the goods have a substantial defect,
b) if he cannot use the item properly due to the repeated occurrence of a defect or defects after repair,
c) in case of a greater number of product errors.
8. A breach of the contract of sale of which the breaching party already knew or should have known at the conclusion of the contract, that the other party would not have concluded the contract if it had foreseen this breach, is material.
9. In the event of a defect that constitutes a minor breach of the contract (regardless of whether the defect is removable or non-removable), the Buyer is entitled to the removal of the defect or a reasonable discount from the purchase price.
10. If there has been a case of a removable defect after repair repeatedly (usually the third complaint for the same defect or the fourth for different defects) or the goods have a larger number of defects (usually at least three defects at the same time), the Buyer has the right to request a discount from the purchase price, exchange goods or withdraw from the contract.
11. When making a complaint, the Buyer is obliged to notify the Seller of the right he has chosen. Changing the choice without the Seller's consent is only possible if the Buyer requested the repair of a defect that turns out to be irreparable. If the Buyer does not choose his right from a material breach of contract in time, he has the same rights as in case of a non-material breach of contract.
12. If the repair or replacement of the goods is not possible, based on the withdrawal from the contract, the Buyer may demand a full refund of the purchase price.
13. If the Seller proves that the Buyer knew about the defect in the goods before taking over or caused it himself, he is not obliged to comply with the Buyer's claim.
14. The buyer cannot claim discounted goods for the reason for which the given goods are discounted.
15. The Seller is obliged to accept the complaint in any establishment where the acceptance of the complaint is possible, or even at the registered office or place of business. The trader is obliged to issue a written confirmation to the Buyer of when the Buyer exercised the right, what is the content of the claim and what method of settlement of the claim the Buyer requires, as well as a confirmation of the date and method of settlement of the claim, including a confirmation of the repair and its duration, or a written justification rejection of the claim.
16. The Seller or an employee authorized by him will decide on the complaint immediately, in complex cases within 3 (three) working days. This period does not include the time appropriate for the type of product or service required for expert assessment of the defect. The complaint, including the removal of the defect, must be processed without delay, no later than 30 (thirty) days from the date of application of the complaint, unless the Seller and the Buyer agree on a longer period. The futile expiration of this period is considered a material breach of the contract and the Buyer has the right to withdraw from the purchase contract. The moment of application of the complaint is considered to be the moment when the Buyer's will is manifested (invoking the right from defective performance) to the Merchant.
17. The Seller informs the Buyer in writing about the outcome of the complaint.
18. The Buyer does not have the right from defective performance if the Buyer knew before taking over the item that the item had a defect, or if the Buyer caused the defect himself.
19. In the case of a justified complaint, the Buyer has the right to compensation for the purposefully incurred costs incurred in connection with the application of the complaint. The Buyer can exercise this right at the Merchant within 1 (one) month after the expiry of the warranty period, otherwise the court may not recognize it.
20. The Buyer has the choice of the complaint method.
21. If the Buyer is not satisfied with the manner in which the Seller handled his complaint or believes that the Seller has violated his rights, he has the right to contact the Seller with a request for correction. If the Seller or a designated person authorized to assess defects does not comply with the Buyer's request according to the previous sentence or does not respond to it within 30 days from the date it was sent by the Buyer, the Buyer has the right to submit a proposal to start an alternative dispute resolution according to the provisions of § 11 par. 2 in conjunction with § 12 of Act no. 391/2015 Coll. on alternative resolution of consumer disputes and on amendments to certain laws. The competent entity for the alternative resolution of consumer disputes with a trader is the Slovak Trade Inspection or another relevant authorized legal entity registered in the list of alternative dispute resolution entities maintained by the Ministry of Economy of the Slovak Republic (the list is available on the Ministry's website: http://www.mhsr.sk/) , while the Buyer has the right to choose which of the listed alternative dispute resolution entities to turn to. The buyer can use the online dispute resolution platform available on the website http://ec.europa.eu/consumers/odr/ to submit a proposal for an alternative resolution of his consumer dispute.
IX. Personal data
1. The data entered during the Buyer's registration are in accordance with the relevant provisions of Act no. 18/2018 Coll. on the protection of personal data and on the amendment of certain laws (hereinafter referred to as the "Act on the Protection of Personal Data") are protected and will be used only within the framework of the business relationship between the Seller and the Buyer.
2. The Seller undertakes not to provide the acquired personal data, which are protected in accordance with the relevant provisions of the Personal Data Protection Act, to third parties.
3. By agreeing on the Seller's website, the Buyer agrees that he can be informed about news in the Seller's online store by e-mail or by phone. If the Buyer still does not want this information, he has the option to stop sending it at any time by sending a notification to the Seller.
X. Final Provisions
1. The contracting parties may deliver all written correspondence to each other via electronic mail. The Buyer delivers correspondence to the Seller at the contact email address specified in these GTC. The Seller delivers correspondence to the Buyer to the email address specified in his customer account or in the order.
2. The Slovak Trade Inspectorate, SOI Inspectorate for the Trnava Region with registered office Pekárska 23, 917 01 Trnava, Department of Supervision, internet address: https://www.soi.sk/sk is responsible for the out-of-court settlement of consumer disputes arising from the purchase contract. The online dispute resolution platform located at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the Merchant and the Buyer from the purchase contract. The European Consumer Center of the Slovak Republic, with headquarters at Mlynské nivy 44/A 827 15, Bratislava 212 Slovak Republic, internet address: http://www.evropskyspotrebitel.sk is the contact point according Regulations of the European Parliament and the Council (EU) No. 524/2013 of May 21, 2013 on the resolution of consumer disputes online and supplements Regulation (EC) no. 2006/2004 and directive 2009/22 / EC.
3. All agreements between the Seller and the Buyer are governed by the legal order of the Slovak Republic. If the relationship established by the sales contract contains an international element, then the parties agree that the relationship is governed by the law of the Slovak Republic. This does not affect the consumer's rights resulting from generally binding legal regulations.
4. In relation to the Buyer, the Seller is not bound by any codes of conduct in the sense of the Consumer Protection Act.
5. All rights to the Seller's website, especially copyright to the content, including page layout, photos, films, graphics, trademarks, logos and other content and elements, belong to the Merchant. It is forbidden to copy, modify or otherwise use the website or part of it without the prior express and written consent of the Seller.
6. The Seller is not responsible for errors arising as a result of interventions by third parties in the Internet store or as a result of its use contrary to its purpose. When using the Online Store, the Buyer may not use procedures that could have a negative impact on its operation and may not perform any activity that could allow him or third parties to interfere or use the software or other components that make up the Online Store and use the Online Store or its parts or software equipment in such a way that would be contrary to its purpose or purpose.
7. The purchase contract, including the relevant General Terms and Conditions, is archived by the Seller.
8. The Seller has the right to change or supplement the GTC. This provision does not affect the rights and obligations arising during the period of validity of the previous version of these General Terms and Conditions.
9. A model form for withdrawal from the contract is attached to these GTC.
10. These GTC apply and are effective on ________________. Any amendments to these GTC will be valid on the day they are published on the Seller's website.