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 HashCoins LLC (“HashCoins”) 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 HashCoins.
1.2. Purchaser is deemed to accept these Terms upon Buyer or its representative’s: (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 HashCoins receipt of the Purchaser’s order, the order will be confirmed in accordance with HashCoins 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 HashCoins customer service.
3.1. The Products are sold at the prices prevailing on the day of order according to the HashCoins 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 HashCoins from time to time. Full payment is a condition for HashCoins to accept an order. If payment is not received within the time that is customary for the used manner of payment, HashCoins is entitled: (i) until further notice to suspend delivery of outstanding orders from the Purchaser until HashCoins receives payment or, and/or (ii) to terminate the Agreement. For the avoidance of doubt, HashCoins is not bound by the Agreement until payment has been received in full. Costs for freight may be charged separately upon delivery and HashCoins may, in such case, require additional payments to be made as a condition for delivering the Products.
5.1. Customers have the right to withdraw from their order within 14 days after order delivery. The Customer is obliged to contact HashCoins within 14 days after receiving their Product(s) to exercise the right of withdrawal according to EU consumer and marketing law. After the 14 day period, no refund requests will be fulfilled without a decision from HashCoins. Returns are only accepted upon the prior approval of HashCoins. In the event of a return, HashCoins is entitled to make deductions due to any deficiencies. HashCoins is entitled to request and require the Purchaser to grant HashCoins opportunity to conduct inspection of the Products prior to accepting a return. Any return cost will be charged to the Purchaser, unless the return has been subject to the prior approval of HashCoins.
6. Commercial Use
6.1. Buyer acknowledges and agrees that the Products purchased from HashCoins are for own internal, commercial use, and not for resale purposes. These terms do not grant distribution rights as a reseller for HashCoins, which must be agreed to separately.
7. Limited Warranty
7.1. HashCoins warrants that the Products, will perform according to the at all times published specification for a period of fourteen (14) days from delivery from HashCoins provided that the Products have been used in accordance with the at all times published instructions and requirements issued by HashCoins, including but not limited to prescribed operating environment for the Products. Products are for indoor use only. Liability for defects shall not cover defects due to circumstances arising after the risk for the Products has passed to the Purchaser such as, however not limited to, defects due to normal wear and tear or deterioration. HashCoins warrants that the Products are delivered free of pledges or any other encumbrance not known by the Purchaser. Any warranty obligations for HashCoins requires a written complaint by the Purchaser within reasonable time, no later than fourteen (14) days from when the Purchaser became aware, or should have been aware, of the relevant defect or fault. HashCoins is not liable for any defect or fault caused by the Purchaser or a third party or that is caused by, including but not limited to, improper use, handling or excessive use of the Products. Further, HashCoins is not responsible for defects caused as a result of the Purchaser or a third party has failed to comply with the instructions given by HashCoins. The content of this limited warranty shall replace all other written or non-written, explicit or implied warranties.
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. HashCoins is not liable for damage caused by transportation.
8. Limitation of Liability
8.1. HashCoins’ liability under the Agreement is limited to the abovementioned limited warranty. As an exclusive remedy for any covered warranty claim, HashCoins may choose to (i) re-deliver new products, (ii) repair the defected Product or. 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. 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 HashCoins, all Products which deviate from the warranty shall be returned to HashCoins. HashCoins is responsible for arranging such returns. In case of any non-approved returns, the Purchaser is responsible for all shipping costs associated with such return.
8.2. HashCoinsí 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. HashCoins is under no circumstances liable for damage caused by the Product unless otherwise provided by mandatory product safety- or liability legislation.
8.3. HashCoins 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. HashCoins 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 EXW (Incoterms 2010) 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 HashCoins. 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. Where delivery is delayed due to any of the circumstances constituting force majeure in accordance with Section 12 below or due to any act or omission by the Purchaser, the delivery period shall be extended by such a period as is reasonable in light of the circumstances. The delivery period shall also be extended where the cause of the delay arises after the expiry of the originally agreed delivery period.
9.3. If the delivery is prevented due to the Purchaserís 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.
9.4. Delivery-on-call. The Purchaser recognizes that the Product is not Purchaser specific but is a generic product. The Purchaser is thus not entitled to any specific produced item. Upon Purchaser’s written request the manufacturing, sale and delivery of the product can be postponed to a date to be agreed between Purchaser and HashCoins – a delivery-on-call.
9.5. In case HashCoins and Purchaser have agreed on a delivery-on-call, Purchaser may request and HashCoins shall provide, or arrange to be provided by a third party, a hosting service according to which HashCoins, or the third party as the case may be, shall provide Purchaser of an electronic service in the form of Bitcoin mining for the sole benefit of the Purchaser.
9.6. Purchaser recognizes and accepts that under a delivery-on-call and hosting agreement Purchaser has not received title to any Product nor will any Product be manufactured until Purchaser has given notice to HashCoins to manufacture and deliver a Product, and consequently that the hosting agreement is an agreement of an electronic service only and not an agreement to sell a Product.
9.7 If the delivery of Product(s) is not performed by the date stated by HashCoins and/or delivery is not available due to factors out of HashCoins’ control, HashCoins reserves the right to substitute the physical delivery of Product(s) of the initial order with other Product(s) and/or Services of equal or greater value, available at the moment of substitution.
10.1. HashCoins 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 HashCoins’ written notification to the Purchaser of the breach. Such notice shall not affect HashCoinsí right to claim damages or any other economic compensation due to the Purchaser’s breach. Further, HashCoins 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 HashCoins to pay compensation to the Purchaser, and does not restrict HashCoins’ possibility to claim damages or other economic compensation due to the event which justified HashCoins to terminate the order or the Agreement.
11. Intellectual Property
11.1. HashCoins 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 HashCoinsí 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 HashCoins. The Purchaser undertakes not to remove or alter HashCoinsí labeling of the Products.
12. Force Majeure
12.1. HashCoins is exempted from fulfilling its obligations under this Agreement and is entitled to cancel the Purchaserís 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 HashCoins or its sub-suppliers, accidents or other occurrences which affects sub-suppliersí 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 HashCoins within the framework of an order for Products will be recorded and processed by HashCoins 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. HashCoins processes personal data in accordance with the Estonian Personal Data Protection Act (Est: Isikuandmete kaitse seadus, RT I 2007, 24, 127) for the purpose of prepare and administer orders and to fulfill HashCoinsí obligations under the Agreement. HashCoins may also use your personal data for the purpose of developing and managing its services as well as for market and customer analysis. HashCoins is the personal data controller for the personal data that HashCoins process. HashCoins shall take appropriate technical and organizational measures to protect the Purchasers personal data. The Purchaser may at any time contact HashCoins to receive more information about HashCoinsí 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 HashCoins.
14.2. HashCoins 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 Estonian law, without regard to any conflict of law. Any disputes are to be settled by The Court of Arbitration of the Estonian 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 HashCoins and which are HashCoins 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 to take necessary measures to prevent confidential information from being disclosed to third parties by the Purchaserís employees or contractors.
17.1. Multi-Level Marketing (MLM) and/or High-Yield Investment Projects (HYIP) systems are forbidden from providing any services to their users or partners based on HashCoins and/or HashFlare, including but not limited to HashCoins and/or HashFlare Products and/or Services.