Terms and Conditions

Terms and Conditions (T&C) of Yomining regarding the purchase of products (Version December 2023)

1. Contractual Relationship

(a) These Terms and Conditions (“T&C”) govern the contractual relationship between Yomining (“Yomining”) and the customer (“Customer”) regarding the purchase of products (“Products”) from Yomining. The Products offered by Yomining are not intended for resale by the Customer.

(b) Customer’s general terms and conditions do not apply.

2. Offers, Contract Formation, and Contract Components

(a) A contract between Yomining and the Customer (“Contract”) is formed as follows:

(i) By mutual signing of a written contract document.

(ii) By signing the offer or order confirmation from Yomining by the Customer. Yomining’s offers are valid for 24 hours unless the offer specifies a different validity period.

(iii) By confirming a binding order placed by the Customer through the ordering process on Yomining’s website (including agreeing to these T&C) via email. Yomining’s website offers constitute a non-binding offer to the Customer to order products online. By ordering Products on Yomining’s website, the Customer makes a binding offer to conclude a purchase contract for the selected Products. Yomining is authorized to accept this offer within three (3) business days by sending an order confirmation via email. If Yomining decides not to fulfill an order, it will promptly inform the Customer and refund the purchase price if already paid. In this case, no contract is formed.

(iv) By implicit behavior in which the Customer accepts services from Yomining typically provided for compensation.

(b) The Contract is subject to the condition that delivery is possible, as determined by the manufacturer or supplier of the Products.

3. Products and Prices

(a) Images of Products in advertising, brochures, online shops, etc., are for illustration purposes and are not binding.

(b) Products are sold at the prices specified at the time of ordering. Prices include applicable VAT.

(c) Unless separately indicated to the Customer, delivery fees are included in the purchase price.

(d) These prices exclude any applicable taxes, duties, or other fees. The Customer is solely responsible for paying such taxes, duties, or other fees related to the purchase of Products.

4. Payment Terms

(a) Delivery of ordered Products is exclusively against full prepayment of the total purchase price, including delivery fees.

(b) For online orders, payment can be made through direct Bitcoin payment, credit card, or bank transfer to the specified account.

(c) If payment is not received within the customary period for the chosen payment method, Yomining is entitled to:

(i) Suspend delivery until payment is received.

(ii) Terminate the Contract.

5. Delivery Conditions

(a) Products will be delivered to the Customer’s specified delivery address unless otherwise agreed.

(b) The delivery date is provided for informational purposes only and is not binding for Yomining. The dates are not considered expiration dates. The Customer is not entitled to refuse product acceptance, withdraw the order, cancel or revoke the order, or claim damages for delayed delivery.

(c) If delivery is prevented due to negligent acts or omissions of the Customer, the risk for the Products transfers to the Customer on the day the Products were ready for delivery.

(d) Pre-orders will be shipped once the manufacturer delivers the Products to Yomining’s warehouse. Delays caused by the manufacturer or shipping companies do not entitle the Customer to claim damages or cancel or revoke the order.

(e) If there are issues during customs clearance, Yomining is not responsible for 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 issues arising during customs clearance.

(f) If an order is blocked or confiscated by customs, the Customer will be billed for applicable fees, and no refund or cancellation will be granted.

(g) If a manufacturer fails to deliver the goods to Yomining as promised, Yomining cannot be held responsible for any losses or fees. If a delivery date for pre-orders is postponed, the order will be automatically rescheduled. Orders due to delayed or manufacturer canceled batches do not entitle the Customer to a refund or order cancellation.

6. Cancellation and Delivery Impossibility

(a) After the conclusion of a Contract, Yomining does not accept returns or cancellations of orders. There is no right of withdrawal.

(b) If, after the conclusion of the Contract according to Section 2(a), a (partial) delivery impossibility (dissolving condition according to Section 2(b)) occurs, the Customer will be promptly informed by email. If the Customer has already paid the purchase price, it will be refunded within 20 days. Further claims due to delivery delays or failure are excluded.

7. Warranty

(a) The Customer must promptly check all Products for accuracy, completeness, and defects upon receipt.

(b) If defects are found, they must be reported immediately, or the Customer loses warranty rights.

(c) The Customer’s warranty rights are exclusively governed by the manufacturer’s conditions. With respect to Yomining, these warranty rights consist solely of Yomining enforcing the warranty rights according to the manufacturer’s conditions against the manufacturer/supplier. If the manufacturer/supplier does not fulfill its warranty obligation voluntarily, Yomining assigns the warranty rights to the Customer for legal enforcement. There are no further warranty rights against Yomining.

(d) Any refunds of the purchase price will be made solely and exclusively based on the amount paid in CHF on the day of the order.

(e) In the case of product damage during transport, the Customer is obligated to assert warranty claims against the transport company according to its terms and conditions. Yomining’s warranty is excluded in this regard.

(f) The Customer loses warranty rights if:

(i) The device or software is modified in any way (voltage modification, fan removal, etc.).

(ii) Components of the Products are removed or replaced by the Customer without obtaining prior written approval from Yomining.

(iii) Damage is caused by poor power supply, lightning, or overvoltage.

(iv) Parts on hash plates or chips burn.

(v) Damage is caused by immersion in water or corrosion due to a humid environment.

8. Liability

(a) Yomining is liable for Customer damages resulting from a culpable breach of contract up to the amount the Customer has paid Yomining for the product triggering the liability, regardless of the legal basis.

(b) Liability for lost profits, unrealized savings, third-party claims, damages from business interruptions or delivery delays, and all indirect and consequential damages is excluded.

(c) Liability for acts and omissions of Yomining’s auxiliary persons is excluded.

(d) Yomining is not liable for any problems arising during customs clearance. The Customer is solely responsible for the customs clearance process. In the event of a return of goods to the original warehouse location, the Customer is not entitled to a refund of the purchase price.

(e) The liability limitation set forth in this section does not apply to personal injury and damages caused intentionally or through gross negligence. Yomining is unlimitedly liable for such damages.

9. Termination

Yomining can terminate a Contract with immediate effect and without notice if the Customer seriously breaches the Contract or if bankruptcy or insolvency proceedings are initiated against the Customer.

10. Force Majeure

(a) Yomining is not liable for force majeure events. If, despite all due diligence, Yomining cannot fulfill its contractual obligations due to force majeure, the fulfillment of the Contract or the term for fulfilling the Contract will be postponed for as long as the force majeure circumstances persist.

(b) Force majeure events are external events beyond Yomining’s control, including disruptions to public power supply, public communication infrastructure, transport routes, government measures, virus or hacker attacks, fires, extraordinary weather conditions, epidemics, pandemics, nuclear and chemical accidents, earthquakes, war, terrorist attacks, strikes, and sabotage, etc.

11. Confidentiality

(a) The parties undertake to keep all facts, information, and data that become known to them in connection with a Contract confidential and that the other party has an interest in keeping confidential. The parties also undertake not to use such facts, information, and data for purposes other than fulfilling the Contract.

(b) The confidentiality obligation continues beyond the termination of the Contract as long as there is an interest in keeping the information confidential.

(c) Not subject to confidentiality are facts, information, or data that are generally known or lawfully acquired independently of the contractual relationship. Legal disclosure obligations also remain reserved.

(d) The parties ensure that their employees, involved auxiliary persons, and subcontractors are obligated to comply with confidentiality obligations.

(e) Yomining may list the Customer as a reference customer in advertising materials. A more detailed presentation of the customer relationship requires the prior consent of the Customer.

12. Final Provisions

12.1. Written Form

(a) Changes or additions to the contractual provisions require written form and signature by both parties for validity.

(b) Changes of minor significance, which can be agreed upon in project committee meetings, through the exchange of emails, or in a similar manner, remain reserved.

12.2. Assignment

A Contract and individual rights and obligations arising from it may only be transferred or assigned with the consent of the contracting party.

12.3. Offset

The Customer may not offset alleged claims for damages against Yomining’s claims for compensation.

12.4. Partial Invalidity

The invalidity or contestability of one or more provisions of a Contract does not affect the validity of the remaining provisions. In such a case, the parties will strive to replace the invalid or contestable provision with another valid and enforceable provision that comes as close as possible in its legal and economic content to the annulled provision.

12.5. Jurisdiction and Applicable Law

(a) Every Contract is exclusively subject to Swiss law, excluding the United Nations Convention on Contracts for the International Sale of Goods and the Swiss Federal Act on Private International Law.

(b) The courts in Zug, Switzerland, have exclusive jurisdiction for disputes arising from or in connection with a Contract. Consumers may also file a lawsuit at their place of residence.

Questions about the Terms of Service should be sent to us via [email protected]

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