Terms and conditions

General terms and conditions for the bitaxe.de online shop

This English version is a convenience translation. The German version is the legally binding one; in case of doubt it prevails.

1. Scope

1.1 These general terms and conditions apply to all orders placed with us by consumers and businesses through the online shop bitaxe.de.

1.2 A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession.

1.3 A business is a natural or legal person or a partnership with legal capacity that, when entering into a legal transaction, acts in the exercise of its trade, business or profession.

2. Contracting party

The purchase contract is concluded with:

Nanohash OÜ
Ehitajate tee 110
13517 Tallinn
Estonia

Registry code: 17442825
VAT ID: EE102957611
Email: [email protected]

3. Offer, conclusion of contract, contract language

3.1 The presentation of products in the online shop does not constitute a legally binding offer but a non-binding invitation to place an order.

3.2 By clicking the order button you submit a binding offer to conclude a purchase contract for the goods in your cart.

3.3 The contract only comes into effect once we accept your order through an explicit order confirmation by email or ship the goods to you.

3.4 We may reject orders if a product is unavailable, if price details are obviously incorrect, or if there is justified suspicion of misuse or fraud.

3.5 The language available for concluding the contract is German. Where we provide additional languages in the shop, this serves convenience only; in case of doubt the German version prevails.

3.6 We store the contract text. Your order data and these terms are sent to you by email after your order, as far as technically provided for.

4. Prices and shipping costs

4.1 All prices stated in the shop are total prices in euros and include statutory VAT where applicable, plus any shipping costs.

4.2 The applicable shipping costs are shown to you during the order process before you submit the order.

4.2a Within our delivery countries the flat shipping rate is €8.99 per order; from an order value of €300 we ship free of charge. For Norway and the Portuguese islands a shipping price of €20 applies. Details are on shipping & delivery.

4.3 For deliveries to countries outside the European Union, additional customs duties, taxes, levies or fees may apply, which you bear and which are not paid by us.

5. Payment

5.1 The payment methods shown during the order process are available.

5.1a For payment in Bitcoin (on-chain or Lightning) we grant a 5 % discount on the value of the goods. For payment via PayPal we charge a fee of 3 % of the order value reflecting the cost of this payment method (§ 312a (4) BGB); it is shown during the order process before you submit the order. No fee applies to any other payment method.

5.1b With payment in advance by bank transfer we ship once the payment has arrived. If the payment does not arrive within ten days, we may withdraw from the contract; we send you one reminder by email beforehand.

5.2 The purchase price is due immediately upon conclusion of the contract, unless stated otherwise for the selected payment method.

5.3 If you choose a payment method handled by a payment provider, payment is processed by that provider. Their contractual and privacy terms apply in addition.

5.4 You are only entitled to offset claims if your counterclaims have been legally established, are undisputed or have been recognised by us. You may only exercise a right of retention if your counterclaim arises from the same contractual relationship.

6. Delivery, availability, transfer of risk

6.1 We deliver to the countries selectable at checkout.

6.2 Delivery times are stated in the shop, on the respective product page or during the order process. Unless stated otherwise, they apply from receipt of payment.

6.3 If not all ordered products are in stock, we are entitled to make partial deliveries where this is reasonable for you. No additional shipping costs arise for you as a result.

6.4 If an ordered product is permanently unavailable, we will inform you without delay. Payments already made for unavailable goods are refunded without delay.

6.5 Towards consumers, the risk of accidental loss and accidental deterioration of the goods passes only upon handover of the goods to the consumer or a person authorised to receive them.

6.6 Towards businesses, the risk passes upon handover of the goods to the carrier.

7. Retention of title

The delivered goods remain our property until payment has been made in full.

8. Right of withdrawal for consumers

8.1 Consumers have the statutory right of withdrawal.

8.2 Details of the right of withdrawal, its conditions, deadlines and consequences are set out in our separate instructions on withdrawal.

8.3 There is no voluntary right of withdrawal for businesses.

9. Rights in case of defects / warranty

9.1 Towards consumers, the statutory rights in case of defects apply.

9.2 Towards businesses, the limitation period for claims based on defects in newly manufactured items is one year from the transfer of risk. This does not apply in cases of intent, gross negligence, injury to life, body or health, or in other cases of mandatory statutory liability.

9.3 There are no rights in case of defects where a defect or damage results from improper use, incorrect commissioning, unauthorised changes to hardware or firmware, overclocking, operation outside the specifications stated in the product description or manual, an unsuitable power supply, or other interventions for which the customer is responsible.

9.4 The above provisions concern the statutory rights in case of defects only. Any additional guarantees granted voluntarily by us or the manufacturer arise exclusively from the respective guarantee statement.

10. Liability

10.1 We are liable without limitation for damage caused by intent and gross negligence.

10.2 We are likewise liable without limitation for culpable injury to life, body or health, under the Product Liability Act, or where a guarantee has been expressly assumed.

10.3 In the case of slightly negligent breach of essential contractual obligations, our liability is limited to the foreseeable damage typical for this type of contract. Essential contractual obligations are those whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance the customer may regularly rely.

10.4 Otherwise, liability for slight negligence is excluded.

10.5 The above limitations of liability also apply in favour of our legal representatives, employees and vicarious agents.

11. Returns

11.1 In the event of a withdrawal or a justified notice of defect, the goods must be packed properly and safely for transport and sent to the return address provided by us.

11.2 In the event of a statutory withdrawal, the provisions of our instructions on withdrawal apply to the return costs.

11.3 For justified claims based on defects we bear the necessary return costs in accordance with statutory provisions.

11.4 Unpaid or unidentifiable returns may be rejected to the extent permitted by law.

12. Dispute resolution

12.1 Notice pursuant to § 36 VSBG: we are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

12.2 Regardless of that, we endeavour to settle any disagreements arising from a contract directly and amicably with you.

13. Applicable law, place of jurisdiction

13.1 The law of the Republic of Estonia applies, excluding the UN Convention on Contracts for the International Sale of Goods.

13.2 Towards consumers this choice of law applies only insofar as it does not remove the protection granted by mandatory provisions of the law of the country in which the consumer has their habitual residence.

13.3 If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction is – as far as legally permissible – Tallinn, Estonia. The same applies if the customer has no general place of jurisdiction in a member state of the European Union.

14. Final provisions

14.1 Should individual provisions of these terms be or become wholly or partly invalid, the validity of the remaining provisions remains unaffected.

14.2 The invalid provision is replaced by the statutory rule.