Terms and Conditions
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 prominerz.com to The Customer (“the Customer” 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 Customer’s order, shall only be applicable if such conditions have been approved in writing by an authorised signatory of Prominerz.com.
1.2. Customer 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 Prominerz.com receipt of The Customer’s order, the order will be confirmed in accordance with Prominerz.com procedures. The Customer acknowledges and accepts that such order confirmation may be sent via e-mail or other electronic interface. The Customer may always request a written order confirmation by contacting Prominerz.com customer service.
3.1. The Products are sold at the prices prevailing on the day of order according to the Prominerz.com price list at that time. Applicable prices do not include taxes, customs or other applicable costs. The Customer is solely liable to pay all taxes, customs or other applicable costs related to purchase of the Products.
3.2. Through the volatility of the market, prices can change in rare cases also after the order has been placed and payment has been completed.
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 Prominerz.com from time to time. Full payment is a condition for Prominerz.com to accept an order. If payment is not received within the time that is customary for the used manner of payment, Prominerz.com is entitled: (i) until further notice to suspend delivery of outstanding orders from The Customer until Prominerz.com receives payment or, and/or (ii) to terminate the Agreement. For the avoidance of doubt, Prominerz.com is not bound by the Agreement until payment has been received in full. Costs for freight may be charged separately upon delivery and Prominerz.com may, in such case, require additional payments to be made as a condition for delivering the Products.
5.1. Prominerz.com 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 Prominerz.com are for own internal, commercial use, and not for resale purposes. These terms do not grant distribution rights as a reseller for Prominerz.com , 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. Any claims shall be made directly with the factory/manufacturer.
7.2. In case of damage during shipping The Customer is obliged to file a complaint to the shipping company according to their terms and conditions. Prominerz.com is not liable for damage caused by transportation.
7.4. All sales are final. Prominerz.com 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 Prominerz.com and are subject to a claim from the manufacturer directly.
Prominerz.com Return Policies are applicable only to products purchased by you directly from the prominerz.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 Prominerz.com issued RMA number, which can be obtained through contacting support@Prominerz.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. Prominerz.com liability under the Agreement is limited to the above mentioned limited warranty. As an exclusive remedy for any covered warranty claim, Prominerz.com may choose to (i) re-deliver new products, (ii) repair the defective Product. Such new delivery or repair is conditioned upon the Customer’s complaint of a defect or deficiency within the prescribed time specified in these terms and conditions and solely upon acceptation of Prominerz.com . Should The Customer fail to make such complaint within the prescribed time, The Customer waives all claims hereunder in relation to the Products. If requested by Prominerz.com , all Products which deviate from the warranty shall be returned to Prominerz.com . Prominerz.com is not responsible for arranging such returns. The Customer is responsible for the cost of transport and or repair and parts. In case of any non-approved returns, The Customer is responsible for all shipping costs associated with such return.
8.2. Prominerz.com 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. Prominerz.com 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. Prominerz.com 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. Prominerz.com is not liable for compensation for loss or damage due to The Customerís obligation to pay compensation to a third party.
8.4. Prominerz.com is not liable for any problems caused or occurring during customs clearance. The customer is solely responsible for the customs clearance process. In case of a return of goods to the original warehouse the customer is not eligible for a full refund.
8.5. Prominerz.com can not be held responsible for manufacturers failure to deliver. Payback & refunds can only be done if the manufacturer refunds the same to Prominerz.com.
8.6. Refunds are always and only made in fiat currency. Cryptocurrency is an accepted payment at prominerz.com as a tool to transfer funds and not as an asset. Refunds are made based on the amount paid on the day of the order in USD, EUR or CHF.
9. Delivery Terms
9.1. The Products are delivered to the delivery address specified by The Customer, unless otherwise agreed. The delivery date is provided for information purposes only and shall not be binding on Prominerz.com. The Customer 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 Customers negligent acts or omissions, the risk for the Products shall pass to The Customer on the date when the Products were ready for delivery. In case of any damage to delivered Products and/or its packaging, The Customer is solely responsible for making any reservation or claim for compensation in relation to the relevant appropriate logistics/freight company.
9.3. Batches and Preorders ship when the factory has delivered the goods to Prominerz.com’s warehouse. Any delays caused by the factory or forwarding offices including shipping national and international do not entitle to make claims for compensation or cancellation of the order.
9.4. In case of any problems occurring during customs clearance, Prominerz.com is not responsible for any loss or fees. The Customer is solely responsible for the clearance process of the goods. The Customer is not entitled to make claims for compensation due to any delayed delivery or problems during customs clearance.
9.5. Should an order be returned, blocked or taken by customs, the Customer will be charged the occurring fees and no refund or cancellation will be granted.
9.6. If a manufacturer does not deliver the goods as promised, Prominerz.com (prominerz.com) can’t be held responsible for any loss or fees. Should a Batch/Presale be moved the order will automatically rescheduled. Orders affected by late batches or cancelled batches are not automatically entitled for refund or cancellations.
10.1. Prominerz.com reserves the right to terminate and rescind an approved order, or the entire Agreement at any time and immediately in the event the Customer breaches the Agreement and fails to rectify such breach within thirty (30) calendar days from Prominerz.com written notification to the Customer of the breach. Such notice shall not affect Prominerz.com right to claim damages or any other economic compensation due to the Customer’s breach. Further, Prominerz.com reserves the right to immediately terminate and rescind an approved order, or the entire Agreement, in the event that the Customer: (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 Prominerz.com to pay compensation to the Customer, and does not restrict Prominerz.com possibility to claim damages or other economic compensation due to the event which justified Prominerz.com to terminate the order or the Agreement.
11. Intellectual Property
11.1. Prominerz.com 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 Prominerz.com 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 Prominerz.com The Customer undertakes not to remove or alter Prominerz.com labeling of the Products.
12. Force Majeure
12.1. Prominerz.com is exempted from fulfilling its obligations under this Agreement and is entitled to cancel The Customer 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 Prominerz.com 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 Customer.
13. Personal Data
13.1. Personal data provided to Prominerz.com within the framework of an order for Products will be recorded and processed by Prominerz.com 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 Customer hereby consent to such processing of personal data. Prominerz.com processes personal data in accordance with the Swiss Personal Data Protection for the purpose of prepare and administer orders and to fulfill Prominerz.com obligations under the Agreement. Prominerz.com may also use your personal data for the purpose of developing and managing its services. Prominerz.com is the personal data controller for the personal data that Prominerz.com process. Prominerz.com shall take appropriate technical and organizational measures to protect The Customers personal data. Personal data will not be transferred to other parties who have no matter on the purchase. The Customer may at any time contact Prominerz.com to receive more information about Prominerz.com 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 Customer may not assign or pledge its rights and/or obligations under this Agreement, in whole or in part, without the prior written consent of Prominerz.com
14.2. Prominerz.com 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 swiss law, without regard to any conflict of law. Any disputes are to be settled by The Court of Arbitration of the Swiss Chamber of Commerce and Industry and it shall be the first instance.
16.1. The Customer undertakes not to reveal information which The Customer receives from Prominerz.com and which are Prominerz.com 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 Customer further undertakes necessary measures to prevent confidential information from being disclosed to third parties by The Customer employees or contractors.