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terms and conditions

Ts and Cs - General Terms and Conditions of Business

Direct Cool AG, CH-8852 Altendorf, Brügglistrasse 2 (in brief "DIRECT COOL")

§ 1 General – Scope of validity

The following General Terms and Conditions of Business apply for all business relationships between DIRECT COOL and the customer. The version valid in each case at the time when the contract is concluded is decisive. Consumers pursuant to these General Terms and Conditions of Business are natural persons with whom a business relationship is entered into without it being possible to assign a commercial activity or self-employment to these. Entrepreneurs pursuant to these General Terms and Conditions of Business are natural or legal entities or partnerships with legal capacity with whom a business relationship is entered into and that act by exercising a commercial activity or self-employment. Customers pursuant to these General Terms and Conditions of Business are both consumers and entrepreneurs. Deviating, contrary or supplementary General Terms and Conditions of Business do not become part of the contract, even if known, unless their validity is explicitly agreed to in writing. Actions to fulfil the contract on the part of DIRECT COOL are not deemed in this regard to be consent to the contractual conditions deviating from these conditions. The Terms and Conditions of Business are also deemed to be general conditions for all other legal transactions between the contractual parties. The customer acknowledges the General Terms and Conditions of Business at any time by a simple click of the mouse during the purchase/order/booking transaction. DIRECT COOL is a partner of Direct Cool AG, CH-8850 Altendorf, Brügglistrasse 2.

1. Liability

DIRECT COOL does not assume any liability whatsoever for the permanent availability of the Internet presence, for errors, delays or interruptions in the communication of data, for the loss, misuse, correctness, completeness or up-to-dateness of data, for the transmission or dissemination of viruses, worms or Trojans, or for any damage that can otherwise result from the usage of the websites (www.krypto-mining.com/.at/.ch/.de/.eu/.shop) of DIRECT COOL (retailers and operators). The customer himself/herself will ensure the technical connection of the customer to the website of DIRECT COOL. DIRECT COOL cannot guarantee the compatibility of the customer's technical equipment with the requirements of the website. The services & products offered by DIRECT COOL on the Internet are not made accessible by DIRECT COOL but also by third-party providers via the website of DIRECT COOL. DIRECT COOL has no influence over the content offered by third parties, in particular for it being correct, complete and reliable. In such cases, DIRECT COOL only leases out the memory space on which products, banners (advertising windows, banners), services and information are provided, but is not responsible for the content. This responsibility remains solely with the respective product and information provider. Liability on the part of DIRECT COOL with regard to these services and products is explicitly excluded. DIRECT COOL is explicitly not liable either for the loss of data and damage incurred by the customer when using these services. Damage of a tangible or intangible nature that is caused by the usage or non-usage of information presented or by the use of erroneous and incomplete information is fundamentally excluded from any claim for compensation unless there is demonstrably wilful or grossly negligent culpability on the part of DIRECT COOL. All offers are subject to change and non-binding. DIRECT COOL does not assume any liability for the unauthorised reproduction or use of the products and information provided, or for the graphics, texts, trademarks, brand names, etc. used whose rights are protected by third parties. Recourse demands pursuant to Section 12 of the Product Liability Act are excluded unless the party entitled to recourse provides proof that the error was caused in our sphere of responsibility and at least gross negligence exists.

2. Links

Links from and to the websites of DIRECT COOL may not breach any rights of third parties. Links to the website must be managed as external links and in each case reproduce full pages (incl. navigation frame). It is not permitted for these pages to be adopted into own frames. If the customer makes links to its own or other websites, DIRECT COOL does not assume any responsibility whatsoever, either for the content (e.g. content that breaches statutory provisions or good morals or is erroneous or incomplete) of these websites or for damage that results from the usage of linked information.

3. Access authorisation / Registration

In order to be able to use various services of DIRECT COOL, a recording of personal data is required. The access to the services that are included in certain products only applies for registered customers with a valid contract and is non-transferable. The registered customers themselves bear the responsibility for non-disclosure of the access data. The registered customers are fully responsible for all actions that are carried out under their user account. DIRECT COOL is not liable for damage that has occurred from a breach of the registered customers' obligations. The feigning of another identity is prohibited and can result in prosecution under civil and criminal law. DIRECT COOL reserves the right to block accounts and/or company objects temporarily or to delete them in full, in particular if the user data have not been correctly indicated or the user breaches valid law or these General Terms and Conditions of Business.

4. Attributes and trademarks

The content of the pages is protected by copyright. All rights to the content belong to DIRECT COOL or the third parties who have provided the content. A reproduction of content is only permitted with the explicit written consent from DIRECT COOL. The saving in databases, reproduction and any form of commercial usage and forwarding to third parties, even in parts or in revised form, without the explicit written consent from DIRECT COOL is prohibited. Any change or falsification of information content of the homepage or website by third parties is prohibited. When users publish content, no trademarks whatsoever are transferred. For content that has been created and published by DIRECT COOL, all rights remain with DIRECT COOL.

 

§ 2 Products and services / Prices

The products and services and their current prices can be found, among others, on www.krypto-mining.com/.at/.ch/.de/.eu/.shop, their websites, and on the application/contract/order of the selected product. The customer can find possible further and supplementary provisions and information in the respective application, contract or order forms of the products and services offered. DIRECT COOL is entitled to adapt the agreed fees (e.g. in the case of subscriptions). DIRECT COOL will notify this to the customer one month before the amendment date by telefax, letter or e-mail. In this case, the customer is entitled to object to the increase in writing up to two weeks before the date for the increase. If the customer does not make use of its right of objection, the new fees apply from the date of increase. If the customer objects to the increase, DIRECT COOL is entitled to terminate the contractual relationship to the date of the increase without giving notice.

§ 3 Conclusion of the contract

The offers on the part of DIRECT COOL are non-binding. The depiction of the products in the online shop does not constitute any legally binding offer but rather an invitation for an order. Errors excepted. Subject to technical or other amendments within the framework of that which can be reasonably expected. The following terms and conditions for the acquisition of products and services of DIRECT COOL are valid for orders by telephone, verbal, personal orders, or written orders such as letter, fax, e-mail or online. When a product is purchased, the buyer must have reached the age of majority and the age of legal consent and be legally competent. In the last step of the order process (online), you submit a binding order of the goods contained in the shopping basket. The purchase contract is concluded when we accept your order directly after receipt of your order with an order confirmation by e-mail. In the case of orders by telephone, e-mail or in-store, the contract is concluded by the sending of the invoice and payment by the customer or in the case of cash on delivery or in the case of in-store purchase by payment to the parcel service driver or the seller. Our General Terms and Conditions of Business are thus accepted and are valid in full. In the event of non-availability or only partial availability of the service, the customer will be informed immediately. Support services do not become the subject of the contract until a separate agreement has been reached. If computational power is purchased, the basis for the subject of the contract is the "Purchase and service contract for computational power" and this is to be confirmed when the purchase is concluded.

1. Payment/Prices/Arrears in payment

The product price is generally due in advance and is charged in accordance with the required payment type. If there should be an increase in the price during the contractual period, the price valid from the point in time of the increase is to be paid. If, however, the agreed price was paid in advance, this is guarantee for the period of the advance payment. Price increases will be announced when they become valid. All prices are inclusive of VAT (Switzerland, Liechtenstein) or are marked without VAT, but if there is no specific marking otherwise, exclusive of shipment fees for a secondary product. In the event of any price errors or printing mistakes, we reserve the right to contest and withdraw from the contract. DIRECT COOL reserves the right to charge dunning fees and arrears interest. Orders from companies from other EU countries can be charged without VAT as a reverse charge "tax liability passed to the recipient of the goods or services" if a valid VAT ID number is indicated during the order process. In the process, the invoice address must tally with the company address held at the tax office; otherwise, we are entitled to subsequently demand VAT. The customer is responsible for any customs fees incurred. A subsequent credit of VAT already paid is only possible until a maximum of 2 weeks after the order and is to be settled with compensation of costs of €35.00 plus VAT. Payments can be made by means of the payment systems offered on the website.

2. Delivery

The delivery is done within the delivery time indicated in the product description. In the case of payment in advance, the delivery time commences from the receipt of payment. The place of performance is the registered business office of the seller. The deliveries are made at the recipient's costs. The costs for packaging, shipment and insurance will be invoiced separately and are indicated in the offer. Dispatched goods must be accepted by the customer or the latter's representation.
If there are two unsuccessful attempts at delivery to the address indicated by the customer and if the parcel deposited in a nearby parcel shop (the customer will be informed about where the parcel has been deposited) is not collected by the customer within 10 days, DIRECT COOL can withdraw from the purchase contract. With a consumer transaction, the risk of accidental destruction or accidental deterioration of the goods during transport is also not transferred to the customer if we send the goods at the customer’s request. If it involves an entrepreneur transaction, a legal entity under public law or a special asset under public law, the risk of accidental destruction or accidental deterioration of the goods is transferred to the customer when the goods are handed over to the person entrusted with shipment if the goods are sent at the customer's request. This applies irrespective of whether the goods are sent from the place of performance and irrespective of who pays the freight costs. The goods are delivered by a transport company via placement in the respective letterbox of the customer or by signature of the customer or another person where it can be assumed according to the circumstances that that person is entitled to accept the goods. This includes in particular persons present at the recipient's premises and neighbours. If goods are delivered with obvious transport damage, please report such claims where possible immediately to the delivery agent and please contact us immediately. The aforementioned regulation also applies for the delivery by retailers and suppliers with whom DIRECT COOL has a contractual drop shipping relationship and the delivery of the goods is made by such retailers and suppliers. The failure to make a complaint or to make contact does not have any consequences whatsoever for your statutory claims and their enforcement, in particular your warranty rights. However, you help us to be able to file our own claims against the carrier or transport insurance. Digital content not saved on a physical data carrier will be delivered immediately after order. (Loss of the right of withdrawal)

3. Information about the right of cancellation

Right of cancellation

This right of cancellation applies only to consumer transactions and not to entrepreneur transactions.

 

You have the right to cancel this contract within fourteen days without giving reasons.
The period for cancellation is fourteen days from the day on which you or a third party named by you who is not the carrier took possession of the last goods.
In order to exercise your right of cancellation, you must inform us (DIRECT COOL AG, Tel. +41 (0)55 410 1211, e-mail office@krypto-mining.com) by means of a clear declaration (e.g. a letter sent by post, a fax or an e-mail) about your decision to cancel this contract. You can use the attached sample letter of cancellation for this but this is not stipulated.

To comply with the cancellation deadline, it is sufficient when you send the notification regarding the exercising of the right of cancellation before the expiry of the period for cancellation.

Exceptions from the right of cancellation

· With download products (electronic files), the right of cancellation expires early with the provision of the download.
for us with their receipt.

· In the case of a service, your right of cancellation expires early if your contractual partner has commenced the implementation of the service with your explicit consent before the end of the cancellation period or you yourself have initiated this (e.g. by downloading, etc.). In the case of products that are not listed in the standard programme and are ordered at the explicit request of the customer (special order), the right of cancellation expires with the implementation of the service.

 

Consequences of cancellation:
If you cancel this contract, we have to repay to you all payments that we have received from you, including the costs of delivery (with the exception of the additional costs that arise from you selecting a method of delivery other than the cheapest standard delivery offered by us), immediately and at the latest within fourteen days from the day on which we receive the notification regarding your cancellation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction unless otherwise explicitly agreed with you; under no circumstances will you be charged any fees for this repayment. We can refuse the repayment until we have received the goods back again or until you have provided proof that you have sent the goods back, depending on which is the earlier point in time.
You have to return or hand the goods over to us immediately and at any rate within fourteen days from the day on which you notify us of the cancellation of this contract. In the event of a return, the customer has to ensure that the goods are returned to the dispatching warehouse; this refers in particular to drop shipping goods. The customer is obligated to return to the sender. The deadline is complied with if you send the goods before the expiry of the period of fourteen days. You pay for the direct costs of returning the goods. The deadline is complied with if you send the goods back before the expiry of the period of fourteen days. You pay for the direct costs of returning the goods. 

You only have to pay for any loss in value of the goods if this loss in value is attributable to handling of them that is not necessary to check the quality, properties and functioning of the goods.

Sample cancellation form:
(If you wish to cancel the contract, then please complete this form and send it back to us.)
To DIRECT COOL AG, CH-8852 Altendorf, Brügglistrasse 2
Tel. +41 (0)55 410 1211, e-mail office@krypto-mining.com:
I/We (*) hereby cancel the contract concluded by me/us (*) regarding the purchase of the following
goods (*)/the provision of the following service (*)
Ordered on (*) / received on (*)
Name of the consumer(s)
Address of the consumer(s)
Signature of the consumer(s) (only in the case of notification on paper)
Date
(*) Delete as appropriate.

4. Warranty/Liability/Offsetting and Retention

DIRECT COOL provides a guarantee for its goods and services pursuant to the statutory guarantee provisions within the framework of the statutory deadlines. To file warranty claims, please be sure to contact DIRECT COOL (e.g. by letter, fax, or e-mail) before returning the defective goods to agree the next steps. Unnecessary costs can thus be avoided on both sides. We try to handle all complaints in the customers' interests as quickly as possible and carefully. After six months, the customer must prove that the defect in the item already existed on purchase. Claims against DIRECT COOL arising from any manufacturer guarantee going beyond warranty claims, or a guarantee assurance from a third party (hereinafter referred to jointly as "manufacturer guarantee") are excluded if permitted by law. If it emerges that no defect subject to warranty exists, DIRECT COOL will charge the customer a flat-rate handling fee of €25.00 incl. VAT. This also applies for all other unjustified returns (e.g. customer sends goods back because they allegedly do not correspond to those ordered, operating error, etc.). DIRECT COOL does not assume the handling of guarantee cases from manufacturer guarantees for the customer. At any rate, if warranty claims are filed, the customer must give DIRECT COOL the possibility to check the product forming the subject of the complaint within an appropriate period of time, and if necessary to improve or replace it. If subsequent improvement / replacement delivery (exchange) is not possible, we reserve the right to rescind the purchase. If the subsequent improvement should fail, the customer still has the further statutory warranty rights. When an appropriate deadline is granted, it should be ensured that DIRECT COOL itself has to contact the manufacturer or sales department, which is why the customer already agrees now to grant the deadline required for this. If the customer has received an incomplete delivery from DIRECT COOL, the latter must contact DIRECT COOL immediately after receipt of the incomplete consignment (e.g. letter, fax or e-mail). DIRECT COOL cannot take subsequent complaints in this regard into account. These missing goods will be subsequently delivered to the customer free of charge as soon as possible after the circumstances have been clarified. The regulations of the Companies Code (UGB) apply for entrepreneur transactions (obligation to examine and give notice of defects). The deadline for giving notice of defects is 5 days from the receipt of the goods. If there is a warranty case in the relationship between the customer and the latter's customers, a recourse to the ENTREPRENEUR pursuant to Section 933 b of the Austrian Civil Code (ABGB) is excluded. The customer will also exclude the right of recourse pursuant to Section 933 b of the Austrian Civil Code (ABGB) towards its customers. The customer can then only offset the claims of DIRECT COOL if its counterclaim is undisputed, a legally valid title exists or has been acknowledged by DIRECT COOL. The customer can only file a right of retention if it is based on claims arising from the order underlying the delivery.

5. Retention of title / Return

The goods remain our property until they are paid for in full. This also applies for goods that are dispatched from or by a retailer/supplier in drop shipping. The filing of the retention of title only constitutes a withdrawal from the contract if this is explicitly declared. When we take goods back, we are entitled to invoice the transport and handling fees incurred. If the goods are returned, the customer has to ensure that the goods are sent back to the dispatching warehouse; this refers in particular to drop shipping goods. The customer is obligated to return to the sender. The return label with the address to be used can be found in a format that can be printed out by the customer under its order on the website (www.directcool-shop.com). DIRECT COOL reserves the right to invoice costs incurred as the result of wrongly addressed returns to the customer and to offset them. In the event of access by third parties to the goods under retention of title, in particular through attachment, the customer undertakes to point out our ownership and to notify us immediately. If the customer is not a consumer or an entrepreneur whose orderly business operations include the trade with the goods purchased from us, it may not dispose over the goods under retention of title until the full settlement of the outstanding purchase price receivable and in particular may not sell, attach, gift or lend them. The customer bears the full risk for the goods under retention of title, in particular for the risk of destruction, loss or deterioration.

5a. Drop shipping data protection

DIRECT COOL explicitly points out that products in the shop of the website (www.krypto-mining.shop) are available through a drop shipping contractual relationship. These do not have to be marked separately. In all cases, DIRECT COOL is the owner of the goods offered. Through the binding order, the customer declares itself in agreement that its data are forward to third parties (drop shipping partners) for the further handling of the purchase/delivery. DIRECT COOL has obligated its partners contractually to delete them immediately after successful delivery and expiry of the statutory period of revocation. DIRECT COOL is not obligated to carry out a separate check.

6. Applicable law and place of jurisdiction agreement

The customer is obligated to comply with the country-specific provisions in the country in which he/she has access to the Internet services of DIRECT COOL. The customer is obligated to also comply with the statutory provisions in which a foreign element is involved. For all statutory provisions between DIRECT COOL and the customer, the materially responsible court in the canton of Schwyz, Switzerland, is deemed to be agreed if no other provisions pursuant to consumer protection law apply. Otherwise Swiss law applies. Pursuant to Art. 6 of the United Nations Convention on Contracts on the International Sale of Goods (CISG), the CISG provisions explicitly do not apply. The language of contract is German.

7. Severability of the clause and changes to the General Terms and Conditions of Business

If one of the aforementioned conditions should be invalid, this will not affect the validity of the remaining provisions. In this case, the invalid clause will be replaced by another that comes closest commercially and in its intention to the invalid clause. The General Terms and Conditions of Business are constantly being updated without each individual customer being informed of this separately. DIRECT COOL is entitled to transfer all rights and obligations arising from these General Terms and Conditions of Business to third parties.

Altendorf, 24.11.17

 

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