By placing your order, you accept and are bound by the terms and conditions below.
1. Agreement structure
1.1. These terms of sale (the “Terms”) shall apply to all sales and deliveries of products (the “Products”) from SD Group AG to the purchaser (the “Purchaser” or “Customer”) or its representatives. These terms of sale together with the order and the order confirmation (if any) are jointly referred to as the “Agreement”. Any conditions contrary to the content of these Terms, e.g. purchase terms or other terms attached to or referred to in the Purchaser’s order, shall only be applicable if such conditions have been approved in writing by an authorized signatory of SD Group AG
1.2. Purchaser is deemed to accept these Terms upon Buyer or its representatives: (i) purchase of Products, (ii) clicking an acceptance button or checking an acceptance box online or similar act of acceptance, (iii) written or verbal assent, (iv) acceptance of delivery of the Product or partial delivery of Product, (v) payment or partial payment, or (vi) other conduct constituting acceptance; whichever occurs first.
1.3. The Products are sold for business and personal use.
2. Order and Order Confirmation
2.1. Upon SD Group AG receipt of the Purchaser’s order, the order will be confirmed in accordance with SD Group AG procedures. The Purchaser acknowledges and accepts that such order confirmation may be sent via e-mail or other electronic interface. The Purchaser may always request a written order confirmation by contacting SD Group AG customer service.
3.1. The Products are sold at the prices prevailing on the day of order according to the SD Group AG price list at that time. Applicable prices do not include taxes, customs or other applicable costs. The Purchaser is solely liable to pay all taxes, customs or other applicable costs related to purchase of the Products.
4. Fees and Payment Terms
4.1. Payment shall be made in advance upon order by direct Bitcoin payment or wire transfer or any other manner facilitated by SD Group AG from time to time. Full payment is a condition for SD Group AG to accept an order. If payment is not received within the time that is customary for the used manner of payment, SD Group AG is entitled: (i) until further notice to suspend delivery of outstanding orders from the Purchaser until SD Group AG receives payment or, and/or (ii) to terminate the Agreement. For the avoidance of doubt, SD Group AG is not bound by the Agreement until payment has been received in full. Costs for freight may be charged separately upon delivery and SD Group AG may, in such case, require additional payments to be made as a condition for delivering the Products.
5.1. SD Group AG does not accept any returns or cancellation of orders after the order has been confirmed and paid.
6. Commercial Use
6.1. Buyer acknowledges and agrees that the Products purchased from SD Group AG are for own internal, commercial use, and not for resale purposes. These terms do not grant distribution rights as a reseller for SD Group AG , which must be agreed to separately.
7.1 The stated warranty of the manufacturer are applicable. The warranty period does not apply in situations involving culpably caused damages that can be attributed to the supplier and which are associated with loss of life, injuries or health-related damages. Furthermore, it does not apply in situations involving damages suffered as a result of gross negligence or malicious intent, or in situations involving deceit on the part of the supplier or contribution claims.
a) It is understood that the details provided by us and the product description provided by the manufacturer are the only things that represent the properties and condition of the product in question. Other advertisements, blurbs and statements issued by the manufacturer are not considered to be representative of the properties and condition of the said product.
b) You are obligated to exercise due diligence while promptly checking the goods for qualitative and quantitative deviations, and to inform us in writing of apparent defects within a period of 7 days after receipt of the goods. The term limit shall be considered to have been complied with if a timely dispatch was executed. This also applies to hidden defects that are detected at a later stage (from the time of discovery onwards). Warranty claims cannot be raised if the obligation to inspect and the obligation to give notice of defects are not fulfilled.
7.2. In case of damage during shipping the Purchaser is obliged to file a complaint to the shipping company according to their terms and conditions. SD Group AG is not liable for damage caused by transportation.
7.4. All sales are final. SD Group AG does not accept returns and will not issue a refund if an item is returned without. Any products that are not functioning correctly due to manufacturer defects will not be replaced by SD Group AG and are subject to a claim from the manufacturer directly.
The SD Group AG Return Policies are applicable only to products purchased by you directly from the GeniMining.COM website. Due to the volatile nature of these products, returns are not eligible for refund. Warranties on the products are VOIDED if the unit is modified in anyway (voltage modded, removal of fan, etc.) and will not be exchanged. The following events will also void the manufacturer warranty:
a. Customer removes/replaces any components by himself without receiving permission first;
b. Damage caused by poor power supply, lightning or voltage surges;
c. Burnt parts on hash boards or chips;
d. Miner/boards/components damage due to water immersion or corrosion due to wet environment.
*Please note if there is a scrap notification from the manufacturer Bitmain, we can not replace or repair that part.
The customer has no right to a refund or compensation in this matter.
We test each unit for modifications before sending them back to the manufacturer. Returns will not be accepted unless accompanied by an approved SD Group AG issued RMA number, which can be obtained through contacting Mail@GeniMining.COM with the following information:
Subject: Order#[your order number] | Your Name
Body: Reasons for RMA, and any pictures/video’s you need to send or anything of that matter, please give us a detailed description of the problems you are having. We can only accept returns who are also accompanied by the required image, sound and video material.
8. Limitation of Liability
8.1. SD Group AG liability under the Agreement is limited to the above mentioned limited warranty. As an exclusive remedy for any covered warranty claim, SD Group AG may choose to (i) re-deliver new products, (ii) repair the defected Product. Such new delivery or repair is conditioned upon the Purchaser’s complaint of a defect or deficiency within the prescribed time specified in these terms and conditions and solely upon acceptation of SD Group AG . Should the Purchaser fail to make such complaint within the prescribed time, the Purchaser waives all claims hereunder in relation to the Products. If requested by SD Group AG , all Products which deviate from the warranty shall be returned to SD Group AG . SD Group AG is not responsible for arranging such returns. The Purchaser is responsible for the cost of transport and or repair and parts. In case of any non-approved returns, the Purchaser is responsible for all shipping costs associated with such return.
8.2. SD Group AG liability under the Agreement is, irrespective of the type, reason and scope of the defect, deficiency or damage, limited to the value of the individual Product that gave rise to liability. SD Group AG is under no circumstances liable for damage and or disfunction caused by the Product unless otherwise provided by mandatory product safety- or liability legislation.
8.3. SD Group AG is not liable for any indirect, consequential or special damages or loss of any kind, such as, but not limited to, loss of production, loss of profits and loss of business. SD Group AG is not liable for compensation for loss or damage due to the Purchaserís obligation to pay compensation to a third party.
9. Delivery Terms
9.1. The Products are delivered to the delivery address specified by the Purchaser, unless otherwise agreed. The delivery date is provided for information purposes only and shall not be binding on SD Group AG The Purchaser is not entitled to refuse acceptance of the Products, withdraw, cancel or revoke the order or make claims for compensation due to any delayed delivery.
9.2. If the delivery is prevented due to the Purchasers negligent acts or omissions, the risk for the Products shall pass to the Purchaser on the date when the Products were ready for delivery. In case of any damage to delivered Products and/or its packaging, the Purchaser is solely responsible for making any reservation or claim for compensation in relation to the relevant appropriate logistics/freight company.
10.1. SD Group AG reserves the right to terminate and rescind an approved order, or the entire Agreement, immediately in the event the Purchaser breaches the Agreement and fails to rectify such breach within thirty (30) calendar days from SD Group AG written notification to the Purchaser of the breach. Such notice shall not affect SD Group AG right to claim damages or any other economic compensation due to the Purchaser’s breach. Further, SD Group AG reserves the right to immediately terminate and rescind an approved order, or the entire Agreement, in the event that the Purchaser: (i) no longer conducts any of its business activities, (ii) suspends its payments, (iii) enters into liquidation or initiates reorganization, (iv) initiates negotiations with creditors on composition or (v) for any other reason may reasonably be deemed as insolvent.
10.2. Termination and rescission under this section shall not under any circumstances give rise to any obligation for SD Group AG to pay compensation to the Purchaser, and does not restrict SD Group AG possibility to claim damages or other economic compensation due to the event which justified SD Group AG to terminate the order or the Agreement.
11. Intellectual Property
11.1. SD Group AG disclaims any and all written or verbal, explicit or implied warranties on intellectual property infringements with respect to the use of the Products. All logotypes, trademarks or product names set out on the Products and any design of the Products constitutes SD Group AG protected intellectual property. Use, reproduction or representation (in whole or in part) of these logotypes, trademarks, product names or the Products themselves regardless of in what form it occurs, is prohibited unless such use is approved in writing in advance by SD Group AG The Purchaser undertakes not to remove or alter SD Group AG labeling of the Products.
12. Force Majeure
12.1. SD Group AG is exempted from fulfilling its obligations under this Agreement and is entitled to cancel the Purchaser confirmed orders without any liability, in the event of force majeure such as strikes, floods and fires, wars, riots, interruptions in transport, shortage of material or energy sources affecting SD Group AG or its sub-suppliers, accidents or other occurrences which affects sub-suppliers production, bankruptcy or compulsory liquidation of a sub-supplier, accidents of any kind, governmental decisions which affects manufacturing or use of the Products and, in general, such events that were unforeseen at the time of the order which prevents or hinder manufacturing, transportation or delivery of the Products to the Purchaser.
13. Personal Data
13.1. Personal data provided to SD Group AG within the framework of an order for Products will be recorded and processed by SD Group AG and may also be transferred to the third party providers (such as hosting providers or payment processing providers) inside or outside the European Union for the execution of the order for Products. The Purchaser hereby consent to such processing of personal data. SD Group AG processes personal data in accordance with the Dutch Personal Data Protection for the purpose of prepare and administer orders and to fulfill SD Group AG obligations under the Agreement. SD Group AG may also use your personal data for the purpose of developing and managing its services. SD Group AG is the personal data controller for the personal data that SD Group AG process. SD Group AG shall take appropriate technical and organizational measures to protect the Purchasers personal data. Personal data will not be transferred to other parties who have no matter on the purchase. The Purchaser may at any time contact SD Group AG to receive more information about SD Group AG processing of your personal data and to correct any inaccurate personal information.
14. Amendments, Assignments etc.
14.1. Any written or oral undertakings and commitments made prior to the Agreement are replaced by the content in these general terms and conditions of sale. The Purchaser may not assign or pledge its rights and/or obligations under this Agreement, in whole or in part, without the prior written consent of SD Group AG
14.2. SD Group AG may amend this Agreement in whole or in part. The amended Agreement will apply to all orders submitted subsequent to publishing.
15. Applicable law and dispute resolution
15.1. This Agreement shall be interpreted and applied in accordance with dutch law, without regard to any conflict of law. Any disputes are to be settled by The Court of Arbitration of the Dutch Chamber of Commerce and Industry and it shall be the first instance.
16.1. The Purchaser undertakes not to reveal information which the Purchaser receives from SD Group AG and which are SD Group AG trade secrets or otherwise of such nature that it may be considered as confidential information to any third party. This undertaking shall apply during the term of the agreement and thereafter. The Purchaser further undertakes necessary measures to prevent confidential information from being disclosed to third parties by the Purchaser employees or contractors.