General Terms and Conditions
A. Scope of Application
These General Terms and Conditions (GTC) shall apply to all purchase contracts concluded via the website at https://shop.driveming.io and deliveries made by DriveMining GmbH & Co.KG (hereinafter referred as DriveMining).
B. Contractual Partner
The purchase contract is concluded with DriveMining GmbH & Co.KG, represented by DriveMining Beteiligungs-GmbH, which is represented by the Managing Director Hüseyin Uysal, Am Hasensprung 10, 16567 Mühlenbecker Land, Commercial Register: Charlottenburg Local Court (Berlin): HRB 227285 / HRA 58407.
C. Conclusion of Contract
(1) The presentation of the products in the online store does not constitute a legally binding offer, but only an invitation to order.
(2) By clicking the button “Order against payment” you place a binding order for the goods listed on the order page (Shopping Cart). Your purchase contract is concluded when we accept your order by sending an order confirmation per e-mail immediately after receiving your order.
D. Collection, processing and use of data
E. Right of withdrawal
(1) If you are a consumer, you have a right of withdrawal in accordance with the statutory provisions. A consumer is any natural person who enters into a legal transaction for a purpose that is predominantly neither commercial nor self-employed.
(2) If you, as a consumer, make use of your right of revocation pursuant to Section 4.1, you shall bear the regular costs of the return shipment.
(3) In all other respects, the right of revocation shall be governed by the provisions set forth in detail in the following
Right of Revocation
You have the right to cancel this contract within fourteen days without giving any reason.
The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods.
To exercise your right of revocation, you need to send us,
DriveMining GmbH & Co.KG
Am Hasensprung 10, 16567 Mühlenbecker Land,
e-mail: [email protected],
by means of a clear declaration (e.g. a letter sent by post or an e-mail) of your decision to revoke this contract. You can use the attached model withdrawal form for this purpose, but it is not mandatory. You can also fill out and submit the model withdrawal form or another clear declaration on our website (https://shop.drivemining.io/shop/) electronically. If you make use of this option, we will immediately send you an e-mail confirming receipt of such revocation.
To comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period.
Consequences of the Revocation
If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us without undue delay and in any case no later than within fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days.
You shall bear the direct costs of returning the goods.
You will only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the condition, properties and functioning of the goods.
– End of the cancellation policy –
(4) If the Buyer is a consumer, the return of goods that can be shipped by parcel (parcel and parcel bulky goods) is free of charge for the Buyer as part of the exercise of the right of withdrawal. For this purpose, the Buyer may use the return label enclosed with an order or which may be requested from the Seller. In this way, the buyer helps the seller to save unnecessary additional costs, which arise, for example, due to goods returned freight collect.
F. Prices and Shipping Costs
(1) The prices stated on the product pages are gross prices and include the statutory value added tax and other price components.
(2) In addition to the stated prices, we charge flat-rate costs for delivery within Germany per order. The shipping costs are clearly communicated to you on the product pages, in the shopping cart system and on the order page.
Further taxes or costs do not apply.
G. Default and Refusal of Performance of the Buyer
(1) If the Buyer is in default of payment, the Seller shall be entitled to charge a reminder fee of € 2.50 per reminder and to assert further claims (damages). The Buyer is allowed to prove that the Seller has not incurred any damage or that the damage is significantly lower than the aforementioned flat rate. The Seller shall be permitted to prove that a higher damage has been incurred.
(2) In the event that the preconditions for default of acceptance are met, the Seller shall be entitled to invoice the storage costs caused and incurred as damages, i.e. to demand a lump sum for the costs of storage of the goods in the amount of 1.00 Euro per m³ or part thereof and per week or part thereof. The Buyer shall be permitted to prove that the Seller has not incurred any damage or that the damage incurred is significantly lower. The seller is allowed to prove that a higher damage has occurred.
(1) The Seller shall be entitled to make partial deliveries, provided that this is reasonable for the Buyer. The place of performance as well as the place of subsequent performance shall be at the Seller’s place of business.
(2) The delivery time is approx. 3 months. These are pre-order products. We will indicate any deviating delivery times on the respective product page.
(3) The Seller shall not be liable for impossibility of delivery or for delays in delivery insofar as these are caused by force majeure or other unforeseeable events (e.g. operational disruptions of all kinds, strikes, lockouts, shortages of labor, energy or raw materials, difficulties in obtaining necessary official permits, official measures or the failure of suppliers to deliver or to deliver correctly or on time) for which the Seller is not responsible. The delivery period shall be extended in accordance with the duration of such measures and obstacles. This shall also apply if these circumstances occur at a sub-supplier.
(1) Payment shall be made either in advance (bank transfer) or via PayPal.
(2) If you choose payment in advance, we will provide you with our bank details in the order confirmation and deliver the goods after receipt of payment.
J. Retention of Title
Until full payment, the goods remain our property.
(1) Deviations in color, shape, dimensions, weight as well as technical changes compared to the store illustrations and details, if applicable also to previous deliveries, are possible and reserved as far as they are customary in the trade.
(2) Unless otherwise stipulated by mandatory law, warranty periods of all kinds shall commence at the latest upon delivery or performance of the service at the Buyer’s premises.
(3) The Buyer shall be entitled to the statutory warranty rights.
(4) The Buyer shall give the Seller the time and opportunity required for the subsequent performance owed, in particular to hand over the goods complained about for inspection purposes. To the extent reasonable for the Buyer, the Seller shall be entitled to perform the necessary actions at the place of delivery or use of the goods. The Seller shall be released from the warranty obligation if the Buyer does not grant the Seller the opportunity to remedy the defect or to make a replacement delivery, unless it is not necessary to set a deadline in accordance with § 475d BGB (German Civil Code). A rectification of defects shall be deemed to have failed after the second unsuccessful attempt, unless the nature of the item or the defect or other circumstances of the individual case indicate otherwise. No further warranty rights, in particular no claims for damages, may be asserted for the period during which the defect is remedied or a replacement delivery is made.
(5) In the event of a replacement delivery, the Buyer shall return the defective goods in accordance with the statutory provisions.
(6) Notwithstanding the provisions of Section 275 (2) and (3) of the German Civil Code (BGB), the Seller shall be entitled to refuse the type of supplementary performance chosen by the Buyer if this is associated with disproportionate costs. This shall be the case in particular if the costs of subsequent performance exceed the value of the goods if they were free of defects or if the costs of subsequent performance exceed the amount by which the defect reduces the value of the goods or if the type of subsequent performance other than that chosen by the Buyer is more favorable and does not involve any significant disadvantages for the Buyer. In this case, the warranty claim of the Buyer shall be limited to the other type of subsequent performance. If the other type of subsequent performance is also associated with disproportionate costs, the Seller may refuse subsequent performance altogether.
(7) Warranty claims of the Buyer shall be excluded if the defect is due to improper handling, transport or assembly for which the Buyer is responsible, despite assembly instructions that are free of defects. The Seller shall not assume any liability for services rendered by external companies commissioned by the Buyer. In particular, liability is excluded for such damage caused by them due to improper assembly, despite defect-free assembly instructions.
(8) Claims of the Buyer for defects caused by natural wear and tear, improper use or improper handling are excluded.
(9) The Seller shall have function-maintaining updates provided for goods with digital elements and digital products. The provision of information about upcoming updates is manufacturer-dependent and may vary from product to product. The installation requirements usually provide information on how the updates are provided. Claims of the Buyer due to defects which are attributable to the Buyer’s failure to install a provided update within a reasonable period of time shall be excluded to the extent permitted by law.
(10) If the Buyer is an entrepreneur and has purchased the goods within the scope of his entrepreneurial activity, the following provisions shall also apply:
• Claims for defects shall become statute-barred upon expiry of a period of one year from handover of the goods. The shortened limitation period shall not apply in the event of intent or fraudulent concealment of a defect on the part of the Seller or insofar as the Seller has assumed a guarantee for the quality of the goods. It shall also not apply in cases of injury to life, limb or health, in the case of claims under the Product Liability Act, in the case of at least a grossly negligent breach of duty or in the case of culpable breach of material contractual obligations. The statutory limitation periods for recourse claims (§ 445b BGB) shall remain unaffected.
• The Seller shall bear the necessary expenses for the purpose of subsequent performance (Section 439 (2) and (3) of the German Civil Code) only if the existence of a defect has not previously become apparent and has been established.
In cases of fault-based liability, the liability of the seller is limited to intent and gross negligence. The amount of liability is limited to the order value. If the purchaser is a private end consumer, the order value shall be calculated including value added tax, otherwise it shall be disregarded (net price). Liability for loss of profit and compensation for futile expenses is excluded. This limitation of liability shall not apply to claims for damages of the Buyer (i) arising from injury to life, body or health which are based on a negligent or intentional breach of duty by the Seller, its legal representatives or vicarious agents, (ii) which are covered by liability under the Product Liability Act (iii) due to the absence of a guarantee assumed by the Seller for the quality of the goods, (iv) for damages which are based on intentional or grossly negligent breaches of contract as well as fraudulent intent on the part of the Seller, of his legal representatives or vicarious agents and (v) from the breach of those obligations of the Seller which must be fulfilled in order to enable the proper performance of the contract in the first place and on the fulfillment of which the Buyer may regularly rely (in particular, however, not limited to the handover and transfer of ownership of the purchased item), whereby in this respect the liability of the seller for simple negligence is limited to the damages which are typically associated with the contract and are foreseeable, unless it is a matter of claims for damages by the buyer arising from injury to life, limb or health. Unless otherwise provided herein, these limitations shall also apply in favor of Seller’s legal representatives and agents if claims are asserted directly against them.
M. Dispute Resolution
The EU Commission has created an Internet platform for online dispute resolution. The platform serves as a contact point for the out-of-court settlement of disputes concerning contractual obligations arising from online purchase contracts. More information is available at the following link: http://ec.europa.eu/consumers/odr. We are neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.
Mühlenbecker Land, October 11, 2022