Article 1 – Definitions
PRODUCT: refers to all materials incorporating mining accessories, and products sold on the site.
CLIENT: means any natural or legal person acting on his behalf, making a purchase of PRODUCT and SOFTWARE through the SITE.
IDENTIFIERS: means the identifier and the password chosen or attributed to the CLIENT allowing him to access his personal space on the SITE.
SOFTWARE: means the software package developed by THE MINING COMPANY contained in certain PRODUCTS, and the conditions of use of which are stipulated in these General Terms and Conditions.
PARTIES: means the CUSTOMER and THE MINING COMPANY, bound together hereby.
SITE: means the online promotion and sales website “www.theminingshop.co” operated by THE MINING COMPANY.
GENERAL CONDITIONS: refers to these general terms and conditions of use and that integrate PRODUCTS conditions of sale sold on the site and the conditions of use of the SOFTWARE and PRODUCT.
Article 2 – Scope
2.1 The present General Terms and Conditions apply to the contractual relationship between THE MINING COMPANY, SAS registered in the MARSEILLE Trade and Companies Register under the number 832 553 333 00010, intracommunity VAT number FR *******, whose registered office is located at 56 rue saint jean du désert, 13012 Marseille hereinafter referred to as “THE MINING COMPANY”, and the CLIENT.
2.2 The acquisition of a good or a service or the subscription of a contract of hiring or license through the SITE implies an unreserved acceptance by the CUSTOMER of the present General Conditions.
2.3 No special conditions not expressly approved by THE MINING COMPANY can prevail over these General Terms and Conditions.
2.4 THE MINING COMPANY reserves the right, at any time, to amend its General Terms and Conditions. In this case, the conditions applicable will be those in force on the date of order by the CLIENT unless express and written agreement signed by the two PARTIES.
Article 3 – Purpose
3.1 The present General Terms and Conditions are intended to define the contractual relationship between THE MINING COMPANY and the CUSTOMER and the conditions applicable to any purchase of PRODUCTS made by the CUSTOMER on THE MINING COMPANY SITE as well as to the concession by THE MINING COMPANY of right to use the SOFTWARE.
3.2 These General Terms and Conditions are supplemented by the technical instructions for the PRODUCTS sold on the SITE.
Article 4 – Registration – Accessibility
4.1 Registration is by completing an online form. Once the form has been completed and validated, SITE sends an e-mail confirming the CLIENT’s request. Upon registration, the CUSTOMER agrees to provide accurate data, and is required to complete all mandatory fields listed on the registration form.
4.2 The CLIENT must be of age and must have the capacity to contract.
4.3 The CLIENT will then validate its registration by clicking on the button provided for this purpose.
4.4 THE MINING COMPANY shall accept the CLIENT’s registration. In this regard, THE MINING COMPANY reserves the right to refuse registration to any CLIENT who does not fulfill the conditions of good morality or who contravenes the values and ethics that THE MINING COMPANY endeavors to convey, without the latter being required to give reasons for such refusal.
4.5 THE MINING COMPANY is the sole decision-maker of the entries it receives, without any recourse or compensation of any kind whatsoever.
4.6 The CUSTOMER agrees not to create or use any accounts other than the one originally created, whether under his own identity or that of a third party. Any derogation from this rule must be explicitly requested by the CLIENT and express and specific authorization from THE MINING COMPANY. The creation or use of new accounts under its own identity or that of third parties without having requested and obtained authorization from THE MINING COMPANY may result in the immediate suspension of the CLIENT’s account and all related services.
4.7 The CUSTOMER guarantees that the information provided by him on the SITE is accurate, sincere, lawful and in conformity with reality, including the information on his bank account to make the transfers in his favor. He / she undertakes to inform THE MINING COMPANY without delay if the information communicated at the time of registration is changed and, if necessary, to make such changes within his / her personal space.
4.8 The CUSTOMER declares and warrants that it is fully aware of the characteristics and constraints of the Internet.
4.9 The equipment (computers, software, electronic means of communication, etc.) allowing access to the PRODUCTS supplied by THE MINING COMPANY are at the exclusive charge of the CUSTOMER as well as the electronic communication costs incurred by their use.
4.10 Each CUSTOMER shall generally be liable for (i) compliance with applicable laws and regulations, (ii) behave fairly in respect of THE MINING COMPANY and other CLIENTS, (iii) respect the rights (iv) disclose accurate and faithful information with respect to his or her personal and bank account, and (v) make no commitment to any third party.
4.11 In the event of violation of the conditions of access to the SITE and use of the PRODUCTS offered on the SITE, THE MINING COMPANY reserves the right to suspend access to the SITE to the CLIENTS concerned. Continuing and repeated violations entitle THE MINING COMPANY to terminate the license with immediate effect.
Article 5 – Identification
5.1 Upon the creation of his account, the CUSTOMER will choose or be granted an IDENTIFIER allowing him to access his personal space.
5.2 These IDENTIFIERS are personal and confidential. They may only be changed at the request of the CLIENT or on the initiative of THE MINING COMPANY.
5.3 The CUSTOMER is solely and entirely responsible for the use of the IDENTIFIANTS relating to him and commits himself to do everything possible to keep them secret and not to disclose it to anyone in any form whatsoever and for for whatever reason.
5.4 The CUSTOMER shall be responsible for the use of his IDENTIFIERS by third parties or actions or declarations made through his personal account, whether fraudulent or not, and guarantees THE MINING COMPANY against any request in this respect.
5.5 Furthermore, THE MINING COMPANY is not liable in the event of usurpation of the CUSTOMER’s identity. If the latter has reason to believe that a person is fraudulently using identification or his account, he shall immediately inform THE MINING COMPANY.
5.6 In the event of loss or theft of any of the IDENTIFIERS, the CUSTOMER shall be liable for any consequential loss or theft, and shall promptly use the procedure for its modification.
5.7 Any use of the SITE which is fraudulent, or which contravenes the present, will justify denying the CLIENT, at any time, access to his personal account.
Article 6 – Personal data
6.1 Data Collection
The SITE has been declared to the National Commission of Informatics and Liberties under the following registration number: 2082951
The CUSTOMER undertakes to complete in due form the registration form by providing accurate information to THE MINING COMPANY which can terminate this registration at any time and without notice in case of violation by the CUSTOMER of its obligations.
This registration is necessary in order to take full advantage of the services offered on the SITE, to be kept informed of the news of THE MINING COMPANY. THE MINING COMPANY may also ask registered CUSTOMERS for additional information in specific transactions such as games, surveys or promotional offers.
THE MINING COMPANY is the sole recipient of the personal information collected
Only the CUSTOMERS who have clearly completed the form containing all the information requested on the SITE, having a valid e-mail address and having consented to the present General Conditions can be registered on the SITE.
THE MINING COMPANY may disclose personal data where it is necessary for the identification, prosecution or prosecution of any person likely to prejudice (intentionally or otherwise) the rights or property of THE MINING COMPANY, other CUSTOMERS, or any other person likely to be penalized by such activities.
If a CLIENT wishes to sponsor a friend and provide THE MINING COMPANY with his / her contact details, he / she undertakes to have previously obtained from the friend an express consent to allow the processing of his or her personal data by THE MINING COMPANY, used to send to this friend, in the name and on behalf of the CUSTOMER who provided THE MINING COMPANY its contact information, an e-mail informing him about the activity of THE MINING COMPANY and the PRODUCTS and SOFTWARE offered for sale on the SITE. In such case, the CUSTOMER will provide this information voluntarily and freely and under his exclusive responsibility and will inform THE MINING COMPANY.
SITE uses “cookie” techniques to process statistics and traffic information, facilitate navigation and improve service for the convenience of the CLIENT, who may oppose the registration of such traffic “Cookies” by configuring its navigation system. In order to facilitate navigation on the SITE, it is recommended to accept cookies in the browser settings.
The information sent by the CLIENT at the time of registration is not visible to other CLIENTS. These are protected by IDENTIFIERS.
THE MINING COMPANY undertakes to make its best efforts to implement appropriate technical and organizational measures to protect personal data.
In accordance with the law “Informatique et Libertés”, each CUSTOMER disposes of his personal data of rights of access, rectification and opposition. The CUSTOMER may therefore require that any information concerning him that is inaccurate, incomplete, equivocal or outdated be corrected, supplemented, clarified, updated or deleted.
For the exercise of these rights of modification, the CUSTOMER can go to his account at any time.
The personal data collected by THE MINING COMPANY will be retained as long as the CLIENT is registered on the SITE and in any event for a maximum period of five (5) years from the date of collection.
Article 7 – Intellectual Property
7.1 The SITE is the exclusive property of THE MINING COMPANY which therefore holds all the intellectual property rights relating thereto. Accordingly, its contents may not be modified, copied, distributed, reproduced, downloaded, posted, published, transmitted or sold in any form or by any means, in whole or in part, without the prior written consent of THE MINING COMPANY.
7.2 All the trademarks, patents, registered designs and copyrights attached to the PRODUCTS provided or accessible via the SITE, as well as all other intellectual property rights and rights in the MINING SHOP databases, remain the full and exclusive property of THE MINING COMPANY.
7.3 Where, under these Terms and Conditions, the CLIENT engages in acts likely to infringe the aforementioned rights, THE MINING SHOP reserves the right to take all appropriate measures to put an end to these disorders. THE MINING SHOP also reserves the right to suspend or cancel the registration of the CLIENT on the SITE or to block its access.
7.4 If the CUSTOMER finds a violation of the aforementioned rights, he is requested to notify these actions by contacting THE MINING SHOP at the following address: firstname.lastname@example.org.
Article 8 – Order
8.1 When the CLIENT wishes to purchase one or more PRODUCTS appearing on the SITE, he must choose the quantity desired. Automatically, the CLIENT basket is updated.
8.2 In order to pay for purchases, the CLIENT must go to the “Basket” tab and click “Order”. It is then redirected to a page summarizing the details of the order. If he wants to confirm it, click on “Continue”. He will then be invited to choose the delivery options as well as the payment terms. By clicking on “Confirmation”, the CLIENT accepts the present General Conditions.
8.3 Upon receipt of the validation of the purchase and payment by the CUSTOMER, THE MINING COMPANY sends to the latter, on the e-mail address he has specified, confirmation of receipt of the order, the summary of the the corresponding invoice, as well as a copy of the present document in PDF format.
8.4 The sale shall be deemed to be concluded only upon receipt of payment by THE MINING COMPANY.
8.5 The invoices for the orders made are sent to the CUSTOMER electronically as well as in paper format on the occasion of the delivery of purchases made by the CLIENT.
8.6 The CUSTOMER may request that the invoice be sent to a different address than that of the delivery by sending a request to this effect, before delivery, to THE MINING COMPANY customer service: email@example.com.
8.7 THE MINING COMPANY reserves the right to refuse or cancel any order from a CLIENT, in particular in the event of the insolvency of the CLIENT or in the event of a failure to pay the order concerned or a previous delivery or of a dispute relating to the payment of a prior order.
8.8 The information indicated by the CUSTOMER, when entering the information inherent to his order, engages the latter. THE MINING COMPANY can not be held responsible for errors made by the CLIENT in the address of the addressee of the order (delivery address, billing address in particular) and delays in delivery or the impossibility of delivering the PRODUCTS ordered that these errors could cause.
8.9 In the event of unavailability of a PRODUCT, THE MINING COMPANY will inform the CUSTOMER by e-mail as soon as possible in order to cancel the order of this PRODUCT and refund the price, including delivery costs. If any part of the PRODUCTS ordered by the CUSTOMER is unavailable, the other products will be delivered to him and the CUSTOMER will be refunded the amount of the PRODUCT (s) missing.
8.10 Purchase orders and invoices shall be archived on a reliable and durable basis which may be considered, in particular, as a means of proof.
8.11 In accordance with the law of 13 March 2000, the on-line delivery of the CLIENT’s credit card number and the final validation of the order are proof of the CUSTOMER’s agreement, the exigibility of the sums due under the purchase order , signature and express acceptance of all transactions carried out.
Article 9 – Price
9.1 The price is expressed in euros, including all taxes (VAT included).
9.2 The price associated with each PRODUCT presented on the SITE does not include the costs inherent to the transport or the possible customs expenses in case of sale outside the European Union.
9.3 The price indicated in the order confirmation is the final price. This price includes the price of the PRODUCTS, the VAT, the expenses of handling, packing and conservation of the PRODUCTS purchased and the transport costs.
9.4 THE MINING COMPANY reserves the right to modify the price of the PRODUCTS at any time, provided, however, that the price indicated in the order confirmation will be the only one applicable to the CLIENT.
9.5 The revenue generated by the SOFTWARE is collected by THE MINING COMPANY. They are then redistributed daily to the CUSTOMER in the currency chosen by the CUSTOMER, virtual currency or euros, minus the aforementioned 2% royalty and directly levied by THE MINING COMPANY.
9.6 The collection, redistribution of revenue and the levying of the fee shall be summarized in real time and if necessary daily by the MINING COMPANY and transmitted to the CLIENT by electronic means.
9.7 The redistribution of revenue and the levy may also be effected daily in virtual currency or by transfer to the bank account at the request of the CLIENT and only for payments above € 50.
Article 10 – Methods of payment
10.1 The price charged to the CLIENT is the price indicated on the order confirmation sent by THE MINING COMPANY.
10.2 The price of purchases made on the SITE is payable in cash by one of the means of payment offered on the SITE on the day of the actual order. In accordance with article L 221-14 of the Consumer Code, the CLIENT is explicitly informed of the obligation to pay for his purchase once the order has been placed.
10.3 The order validated by the CUSTOMER will only be considered effective when the secured bank payment center has given its agreement on the transaction and, if necessary, after acceptance of assumption of risk by the insurer, and in all where the payment has actually been received by THE MINING COMPANY.
10.4 The CUSTOMER warrants to THE MINING COMPANY that he has the necessary authorizations to use the chosen method of payment and acknowledges that the information given to this effect is proof of his consent to the sale as well as the due date for the sums due under the command.
Article 11- Right of retention and transfer of risks
11.1 Any risk of loss or damage of the PRODUCTS is transferred to the CUSTOMER at the moment when the CUSTOMER or a third party designated by him, and other than the transporter offered by the SITE, takes physical possession of these PRODUCTS.
Article 12- Delivery
12.1 Upon confirmation of the order and subject to full payment of their price, THE MINING COMPANY undertakes to deliver to the CUSTOMER the PRODUCTS ordered to the delivery address within a maximum period of thirty (7) days, preorder expressly and duly agreed between the PARTIES.
12.2 The CUSTOMER shall be informed by e-mail of the dispatch of his order and the tracking number of the order as soon as it is dispatched.
12.3 If these delays exceed fifteen days from the order, for reasons attributable to THE MINING COMPANY, the contract of sale may be terminated and the CUSTOMER reimbursed.
12.4 Delivery shall be made in accordance with the delivery method selected by the CLIENT and at the address indicated by the latter, which may only be within the agreed geographical area.
12.5 In the event of termination of the sale, THE MINING COMPANY shall be obliged to reimburse the CUSTOMER for all the sums paid, not later than fourteen (14) days after the date of the denunciation.
12.6 If the CUSTOMER receives the PRODUCTS ordered after the denunciation of the order, he will be required to send them back to THE MINING COMPANY. The latter will then reimburse the order and the return costs, as soon as they are received in their original packaging.
12.7 THE MINING COMPANY can not be held liable for delays in delivery due to a case of force majeure as defined by the consistent French jurisprudence in this matter, fortuitous event, fault of the CUSTOMER or insurmountable and unpredictable fault on the part of a third party to the contract of sale.
12.8 In the event that one or more of the PRODUCTS ordered are missing or damaged, the CUSTOMER or the consignee must make any justified reservations with the carrier, within three (3) days (excluding bank holidays) following at the time of delivery, by registered letter with acknowledgment of receipt.
Article 13 – Right of withdrawal
13.1 The CUSTOMER non-professional physical person, has a period of fourteen (14) days from the receipt of the products ordered on the SITE to return them to THE MINING COMPANY for exchange or refund, in the case of sale external to the SITE the CLIENT has (14) days from the order to retract.
13.2 The CUSTOMER non-professional natural person, has no withdrawal period when ordering products “custom” modified on request, article, L. 221-28 (ex: Software, specific composition of a SuperMiner, power …).
13.3 In the event of withdrawal, THE MINING COMPANY shall refund to the CUSTOMER all payments received from him, including the standard delivery charges (corresponding to the lowest-priced delivery offered on the SITE) no later than fourteen (14) days of the request for withdrawal. The same means of payment will be used as the one chosen by the CUSTOMER at the time of the initial order unless it is expressly agreed to a different means.
13.4 THE MINING COMPANY may postpone the refund until receipt of the PRODUCT (s) or until proof of dispatch of the PRODUCT (s) is provided, the date selected being that of the first of these facts.
Article 14 – Liability
14.1 THE MINING COMPANY declines any responsibility for the unlawful use or exploitation of all or part of the contents of the SITE and / or the PRODUCT and / or the SOFTWARE sold.
14.2 THE MINING COMPANY declines all responsibility for the use and allocation by the CUSTOMER of the sums paid in connection with the use of the PRODUCT and can under no circumstances be held liable because of misappropriation of funds or abuse of property by the CUSTOMER.
14.3 The CUSTOMER agrees to respect and enforce the taxation of his country.
14.4 THE MINING COMPANY shall not also be liable to the CUSTOMER for any loss or damage which he may suffer as a result of the failure to notify THE MINING COMPANY to him of the precise information concerning his account or his own incapacity to securely maintain the confidentiality of its IDENTIFIERS.
14.5 The SITE may contain hypertext links to other websites not owned or controlled by THE MINING COMPANY. The latter does not exercise any control over the content, the privacy charters or the practices of the third party websites and declines any responsibility in this respect. THE MINING COMPANY is not responsible for the availability of these external sites and resources and does not endorse the advertisements, products or other materials appearing on these websites or external resources or even accessible from them.
14.6 THE MINING COMPANY shall not be liable for any act or omission, failure to perform, partial performance or delay in the performance of its obligations in relation to the damage or loss suffered directly or indirectly by the CLIENT due to act or omission of another CUSTOMER or any other person related to the CUSTOMER.
14.7 THE MINING COMPANY shall not be liable to any CUSTOMER or to any third party for any degradation, suspension or interruption of services attributable to force majeure as defined by the consistent French jurisprudence in this matter, CUSTOMER or third party, as well as the unavoidable risks that may arise from the technique, the fluctuations in the prices of the virtual currencies and the complexity of the implementation of the Services.
14.8 THE MINING COMPANY endeavors to keep the SITE accessible 24 hours a day, seven days a week, but is not bound by any obligation of result. THE MINING COMPANY can therefore interrupt access to the SITE, especially for reasons of maintenance and upgrading. Access may also be interrupted for any other reason. THE MINING COMPANY can not be held responsible for any such interruptions and the consequences that may result for CUSTOMERS or third parties. It is also recalled that THE MINING COMPANY may terminate or modify the characteristics of the SITE at any time without prior notice. In no event shall THE MINING COMPANY be held responsible for any loss or deterioration of such data.
14.9 THE MINING COMPANY is subject to an obligation of means, to the exclusion of any other. It guarantees the conformity of its PRODUCTS and SOFTWARE with the specifications described in the accompanying technical manual. Consequently, it can not be held responsible for any use contrary to the specifications of the technical leaflet.
14.10 The CUSTOMER assumes all the responsibilities other than that of conformity of the PRODUCTS and SOFTWARE to the specifications contained in their technical instructions and in particular those concerning:
- The suitability of the PRODUCTS for its needs,
- Exploitation of the PRODUCTS.
14.11 The MINING COMPANY shall be bound by an obligation of means with respect to the performance and results of the PRODUCTS and SOFTWARE, and undertakes to make every effort to ensure the best profitability of the device sold according to the current virtual currencies .
14.12 The information provided by THE MINING COMPANY on the power generated by PRODUIT is evaluated on the basis of the existing technology at the time of sale of the machine with a margin of error of plus or minus 5%.
14.13 The CUSTOMER assumes sole responsibility for any malfunctions and damages resulting from a modification of the SOFTWARE carried out by him, even minimal, carried out with or without the authorization of THE MINING COMPANY.
14.14 The CUSTOMER expressly acknowledges having received from THE MINING COMPANY all the necessary information enabling him to assess the suitability of the PRODUCTS and SOFTWARE to his needs and to take all precautions necessary for their implementation and operation.
14.15 The CUSTOMER is solely responsible for the proper functioning of its own equipment, the conformity of its environment with the specifications contained in the technical leaflet and the quality of its access to the Internet.
14.16 It is strictly forbidden to “overclock”, or to modify physically or by software the PRODUCTS for the purpose of improving their performance. In case of non-respect of this prohibition, THE CUSTOMER shall not have any guarantee on the PRODUCT and will assume the whole of the malfunctions of the PRODUCT.
Article 15 – Legal Warranty of the PRODUCT
15.1 All the PRODUCTS supplied by THE MINING COMPANY benefit from the legal guarantee concerning latent defects provided for in articles 1641 et seq. Of the Civil Code, valid for twenty-four (24) months from the discovery of the hidden defect.
15.2 In the event of the implementation of the hidden defects guarantee, the CLIENT may choose between resolving the sale or reducing the sale price in accordance with article 1644 of the Civil Code.
15.3 In case of non-conformity of a PRODUCT sold, the CUSTOMER benefits from the legal guarantee of conformity provided for in articles L. 211-4 and following of the Consumer Code and valid for twenty-four (24) months from the issuance of the product. He / she may return the PRODUCT not in compliance with THE MINING COMPANY for repair or exchange.
15.4 The CUSTOMER benefits from the choice between repairing or replacing the PRODUCT, subject to the cost conditions stipulated in Article L. 211-9 of the French Consumer Code.
15.5 The CUSTOMER is exempt from reporting evidence of non-conformity.
15.6 The legal warranty of conformity applies irrespective of any commercial warranty that may have been granted.
15.7 All claims, requests for exchange or refunds must be made to THE MINING COMPANY.
15.8 In the event of a manufacturing defect duly noted, the PRODUCT will be reimbursed within a maximum period of thirty (30) days.