Terms and Conditions of the Online Store
These Regulations set out the terms and conditions of sales and order processing through the online store as well as the rules of use of the Online Store operating in the domain onlybestminers.com by the company Engage Mark s.r.o.
Definitions
Lead time – the time it takes for the Seller to complete the order and transfer it to the Supplier performing the form of Delivery selected by the Customer;
Business days – days of the week from Monday to Friday, excluding public holidays under applicable law;
Supplier – an entrepreneur selected by the Seller for the purpose of delivering Goods to Customers;
Proof of purchase / proof of conclusion of the transaction – a VAT invoice;
Customer – a natural person with legal capacity, a natural person conducting business, a legal person or an organizational unit without legal personality making an Order in the Online Store;
Consumer – a natural person making a legal transaction with an entrepreneur that is not directly related to his economic or professional activity;
Customer Account – an individualized account created in favor of the Customer following his/her registration on the Online Store Site;
Cart – contains a list of Goods selected by the Customer;
Newsletter – a service provided electronically by the Seller, which consists in enabling interested Buyers to automatically receive to the provided e-mail address the most important information related to the Online Store;
Entrepreneur – a natural person, legal entity or unincorporated organizational unit conducting business on its own behalf;
Regulations – these Regulations for the provision of electronic services through the Internet Store operating at sklep.onlybestminers.pl
Service – means the websites under which the Seller operates the Online Store;
Online Store (hereinafter referred to as the “Store”) – An online store operating under the domain sklep.onlybestminers.pl
Vendor – Engage Mark s.r.o. Zahrebska 562/41, 12 000 Praha 2, Czech Republic, VAT Number CZ06422985
Store Website – the website under which the Seller operates the Online Store;
Goods – the product (product) available in the Online Store for which an Order can be placed;
Contract of sale – (hereinafter: “Contract”) a contract for the sale of Goods, concluded between the Seller and the Customer on the Online Store;
Law on Consumer Rights – Law of May 30, 2014. On consumer rights (Journal of Laws 2014, item 827);
RODO – Regulation (EU) 2016/679 of the European Parliament and of the Council of 27.04.2016. r. On the protection of natural persons in relation to the processing of personal data and on the free movement of such data and the repeal of Directive 95/46/EC (OJ. EU L 119, s. 1)
Law on the provision of electronic services – the law of July 18, 2002. On provision of services by electronic means (Journal of Laws 2002 No. 144 item 1204);
Order – an instruction to purchase Goods placed by the Customer in the Online Store;
Rules of use of the Online Store
– The Customer’s use of the Online Store requires that he/she first read these Regulations and agree to abide by the provisions contained therein (acceptance of the Regulations).
– In order to use the Store and order Goods, it is necessary to have access to e-mail.
– The information and content contained on the Website of the Online Store does not constitute an offer, but only an invitation to negotiate (bargain) in order to conclude a contract.
– The Seller reserves the right to change the Goods and their prices at any time, as well as to conduct and cancel various promotions and sales concerning the Goods. These changes may not violate the acquired rights of customers who use the Online Store.
– Each order placed on the site sklep.onlybestminers.com, automatically involves the acquaintance of the buyer with the rules of the store and the buyer is aware of the rules of use of the Online Store and the rules applicable to the purchase of goods.
– The provisions of these Regulations are not intended to exclude or limit any of the rights of the Customer who is also a consumer, to which he is entitled under mandatory provisions of law. In the event of any inconsistency between the provisions of these Rules and Regulations and the aforementioned regulations, these regulations shall prevail.
Conclusion of contract and delivery of goods
– On sklep.onlybestminers.com contracts are concluded exclusively in the Polish language. Sales are carried out in the territory of the Republic of Poland and abroad.
– Making Orders is possible 7 days a week on all days of the calendar year.
– Customer can make Orders without prior registration as well as after registration. Registration is not a prerequisite for placing Orders.
– Registration allows you to set up an individual Customer Account so that the Customer can make Orders in a shorter time with some steps omitted.
– When the Customer clicks the “confirm order” button, a binding Order is placed for the products in the Cart. Placement of the Order is confirmed by e-mail to the e-mail address provided by the Customer immediately after sending the Order. A binding contract is concluded when the customer receives an order confirmation. The goods on the Order will be shipped after the Customer has paid the full price and delivery costs.
– Standard Delivery Time of the Order is 14 Business Days from the crediting of funds to the account. In exceptional cases, with prior notice to the customer, this time may be extended.
– The Seller informs the Customer when the Store is short of the ordered Goods or it is not possible to complete the Order within the period specified in the Terms and Conditions. The Customer may agree to extend the processing time of the Order or cancel the ordered Goods or part of the Order.
– The Seller has the right to refuse to confirm the Order or to withdraw from the execution of the Order in case the Order form was filled without providing essential elements such as the shipping address, customer data. The Seller shall inform the Customer of the refusal or withdrawal via e-mail to the address indicated by the Customer within 2 Business Days of placing the Order.
– The Seller reserves the right of ownership of the Goods until payment of its price is received by the Customer.
– ENGAGE MARK s.r.o “declares” that it can withdraw from the realization of the object of the order paid for on the site store.onlybestminers.com To which the “ordering party” declares that it agrees, in particular ENGAGE MARK s.r.o. will withdraw from the execution of the order if a long-term reason preventing the execution of the order arises which is beyond the will of ENGAGE MARK s.r.o. including if the actual manufacturer does not produce UNIT for sale (manufacturer’s fault).
-The ordering party fully accepts termination of the agreement by ENGAGE MARK s.r.o through the fact of returning the amount in full to the ordering party’s bank account (the bank transfer account from which the contractor received payment from the ordering party) even without prior notice from ENGAGE MARK s.r.o of the fact and willingness to terminate the agreement.
– In the event that ENGAGE MARK s.r.o withdraws from the execution of the subject of the agreement in its entirety, the contractor shall refund to the ordering party 100% of the amount actually received in connection with the order to the account indicated in the body of this agreement within 30 working days.
– The ordering party declares that after the purchase of the equipment, the execution of the subject of the agreement of the “pre-order” type may withdraw only and exclusively by notifying such a will to ENGAGE MARK s.r.o. in writing and only for a justified reason at least 7 days in advance before the date of execution of the subject of the agreement by the contractor.
-Cancellation of an order item purchased on sklep.onlybestminers.com by the ordering party is subject to the necessity of deducting 20% (twenty percent) from the amount transferred to the contractor as the cost of termination of the ENGAGE MARK s.r.o contract by the ordering party, which means that the ordering party will only be reimbursed 80% (eighty percent) of the transferred funds to ENGAGE MARK s.r.o, the ordering party declares that it accepts this rigor of the contractual penalty. In addition, the contractor will pursue all contract preparation costs from the contracting authority by legal means.
Prices and shipping costs
– The prices offered at the time of ordering apply. The prices listed also include VAT at the current rate.
– Shipping costs are paid by the buyer.
Payments
– The following types of payment are possible: cash on delivery, quick online transfer (Przelewy24.pl). For each Order, the Seller reserves the right not to offer certain types of payment and to offer others. All costs of financial transactions are borne by the customer.
– In the case of purchases using a credit card, the credit card account is debited only when the Seller sends the Order.
– If the Customer fails to make payment within 7 days from the date of confirmation of the Order, the Seller will call on the Customer to make payment. In case of ineffective request, the Seller has the right to cancel the Order, informing the Customer by e-mail or telephone.
– Payments are handled by PayLane Sp. z o.o. with its registered office in Gdańsk at ul. Norwida 4, postal code: 80-280, KRS: 0000227278.
Delivery
– The choice of delivery method is made by the Customer from among the methods offered by the Seller.
– Delivery time of the Order outside Poland depends on the country of delivery.
– The cost of delivery shall be borne by the customer.
– If the Customer chooses to receive a VAT invoice, together with the shipment, the Customer will receive an appropriate document as proof of purchase/transaction (VAT invoice).
– Upon receipt of the shipment, the Customer may check that the contents of the shipment are in accordance with the Order made by the Customer and that the Goods are not damaged. If such circumstances are found, the customer may refuse to accept the shipment and notify the seller as soon as possible using the electronic mail (e-mail) address on the Store’s Website.
The right to withdraw from the contract of purchase of OnlyBestMiners products
-Because of the nature of the equipment sold, there is no right of withdrawal when buying cryptocurrency diggers. By purchasing this item, the Buyer is aware and acknowledges that he has been informed that in accordance with Article 38. Law of May 30, 2014 on consumer rights, upon receipt of a working device, he loses the right to withdraw from the contract
Complaints about Goods
– The Seller shall be liable to the Customer, who is a Consumer, for non-conformity with the contract of the Goods purchased by him.
– The Seller undertakes to provide the Customer with Goods free of defects.
– If the Product is found to have a defect, the Buyer is obliged to inform the Seller.
– The complaint should contain the Buyer’s data, a description of the defect in the Goods, the date of its occurrence and the Buyer’s request.
– The claimed Goods must be accompanied by a Proof of Purchase or a copy thereof.
– The Buyer is obliged to send back the advertised Goods.
– Complaints should be addressed to the Seller’s address or by e-mail by sending the appropriate message to the Seller’s e-mail address: (kontakt@onlybestminers.pl).
– If the data or information provided in the complaint needs to be supplemented, the Seller will ask the complainant to supplement it to the extent indicated before considering the complaint.
– The Seller shall consider the complaint within 14 days from the date of its filing by the Customer. Failure of the Seller to respond after the deadline indicated in the preceding sentence will result in the complaint being considered legitimate.
– The Seller is liable under the warranty if the defect is discovered before the expiration of 2 years from the release of the Product to the Customer.
– In some cases, the Seller may ask the customer to send photos of the products subject to the claim, and the place where the products were kept in order to verify the correct configuration of the machines by the customer.
– Complaints are not subject to the following damages to the products: mechanical damage, damage caused by misuse, burning;
– The silver components in the Products with prolonged, frequent use may wear out or deteriorate, which is not subject to claim. Frequent exposure of silver components to perfumes, lotions and other substances of unnatural origin may accelerate the wear and tear of the Products.
– The customer has the possibility to use out-of-court complaint and redress procedures in accordance with the Internet Dispute Resolution procedure developed by the European Commission available at: https://webgate.ec.europa.eu/odr/main/?event=main.home.show.
– Wanting to take advantage of the possibility of amicable resolution of online shopping disputes, the Consumer can also file his complaint through the EU online ODR platform, available at: http://ec.europa.eu/consumers/odr/.
Complaints about the provision of electronic services
– Any irregularities in the operation of the Online Store, including interruptions in the functioning of the Online Store pages, the Customer may report to the e-mail address of the Seller.
– The complaint must include, in particular, its subject (including the type of irregularity in the functioning of the Online Store), the date of occurrence of the irregularity, the name and address of the Customer submitting the complaint and his/her mailing address.
– The Seller shall consider the complaint within 14 days from the date of its filing by the Customer.
Statutory liability for product defects
– The seller undertakes to provide the customer with products free of defects.
– In the case of any defects in products ordered through sklep.onlybestminers.com , the Seller shall bear the statutory liability under the warranty for defects, resulting from Art. 556 et seq. of the Law of April 23, 1964. – Civil Code (Dz.U.2016.380 j.t., as amended).
– The Seller shall bear full liability for non-performance or improper performance of the contract, with the proviso that in the case of contracts concluded with Customers with the status of Entrepreneur, the Seller shall bear liability only in the case of intentional damage and up to the amount of actual losses incurred by the Customer.
Newsletter
– Any customer may use the free newsletter service provided electronically (“newsletter”).
– The newsletter service consists in sending by the Seller to the e-mail address provided by the Client materials in electronic form, including, among others, information about available Goods and services offered by the Seller, planned promotions and events related to the activities of the Seller.
– In order to receive the newsletter, the customer can agree to receive it during registration. This consent is given when creating a Customer Account or independently of registration. The expression of the above consent by the customer is voluntary.
– After the Seller receives the Client’s consent to receive the newsletter, the Seller sends to the e-mail address provided by the Client a confirmation of the Client’s acceptance into the circle of persons to whom the newsletter will be sent.
Processing of customers’ personal data
– Personal data of users of the Website, including Customers, are collected and processed by the Seller to the extent necessary for the execution of the Order and distribution of up-to-date information related to the Online Store in accordance with the Regulation of the European Parliament and of the Council (EU) 2016/679 of 27.04.2016 on the protection of individuals with regard to the processing of personal data and on the free flow of such data and the repeal of Directive 95/46/EC (Dz.Urz. EU L 119, s. 1).
– Personal data received from visitors to the Website and users registering shall be processed and used only for such purposes and to such an extent to which such persons consent. Under no circumstances are the personal data of users of the Service sold or shared with third parties. Consent to the processing of personal data for marketing purposes is voluntary.
– When processing personal data, the Vendor shall pay special attention to ensure that the data are protected from disclosure to unauthorized persons. Exercising the right to request access to personal data, to correct them, to stop processing them and to request their deletion from the Service’s system is carried out by sending the administrator of personal data – the Seller, a relevant request by electronic mail to the electronic mail address (e-mail), along with the name of the Service user making such a request.
– Detailed information about the protection of the customer’s personal data can be found in the document Privacy Policy of the online store sklep.onlybestminers.com
Copyright protection
– All photos of Goods and other materials (including texts, graphics, logos) posted on the website of the Online Store sklep.onlybestminers.com are the property of the Seller or have been used by the Seller with the consent of third parties who hold copyrights to them.
– It is forbidden to copy photos and other graphic materials and to use reprinting of texts posted on the website of the Online Store, including making them available on the Internet without the written consent of the Seller or any other third party holding copyrights to them.
– It is also forbidden for external parties to download images from the website of the Online Store and use them for marketing and commercial purposes.
– The use of the aforementioned materials without the written consent of the Seller or any other third party who holds the copyright is illegal and may constitute grounds for civil and criminal proceedings against the perpetrators.
– Protection is granted to the creator regardless of the fulfillment of any formalities. A creator whose copyrights have been threatened by another’s action may demand that the action be stopped. In the event of an infringement, he may also demand that the person who committed the infringement perform the actions necessary to remove its effects, in particular, to make a public statement of appropriate content and form. If the infringement was culpable, the court may award the creator an appropriate sum of money as compensation for the harm suffered or, at the request of the creator, oblige the offender to pay an appropriate sum of money to the social purpose indicated by the creator.
Copying and distribution without proper permission is prohibited. Violation of copyright will result in criminal liability, as defined by law, in particular the provisions of the Law on Copyright and Related Rights, the Law on Combating Unfair Competition, the provisions of the Press Law and the provisions of the Civil Code. Trademarks and products of individual companies owned by them are subject to copyright protection.
Prohibition of duplication of names and trademarks
– All trade names, business names, logos and trademarks displayed on this website are protected by law. The use or misuse of these designations or any content elements of this website is strictly prohibited.
Absolute prohibition of copying materials (content)
– All posted materials on onlybestminers.com are protected by copyright. The property copyrights of the materials posted on these pages belong exclusively to OnlyBestMiners. Materials appearing in Google graphics are also copyright of onlybestminers.com.
– Except as otherwise stated, none of the posted materials or any part thereof may be: copied, modified, distributed, published, uploaded, displayed, recorded, or used in any form or by any electronic, mechanical, photographic, recording means, without the prior written permission of OnlyBestMiners
– It is forbidden to distribute the development of the materials posted on the site, to reproduce or distribute the graphic design or its elements, regardless of the reasons or purpose of such distribution. It is forbidden to place these materials or parts of them on any other server.
– It is forbidden to place references to the site in such a way that it is difficult or impossible to know the source of the materials.
– It is permitted: to upload, display, copy and transmit the materials in question to others – within the scope of permitted personal use (not commercial), provided that the materials are not modified and the way they are used does not violate personal copyrights.
– All names, verbal, graphic, word and other signs of distinctive character placed on the site are, unless otherwise stated, trademarks or other signs subject to legal protection. The use or use of the marks and signs referred to above is strictly prohibited, unless otherwise specified on this website. Any copyright infringement is subject to sanctions under the Criminal Code and the Law on Copyright and Related Rights.
Transitional and final provisions
– The Terms and Conditions are effective as of the date of publication on the Online Store Site.
– In matters not covered by the Regulations, the relevant provisions of law shall apply.
– The Seller reserves the right to make changes to these Terms and Conditions, particularly in the event of changes in regulations or in order to improve the operation of the Online Store, as well as to improve the protection of the privacy of users of the Website (Online Store customers) and to prevent abuse. Changes to the Terms and Conditions may not violate the acquired rights of Customers who use the Online Store.
– Delivery of changes to the Terms and Conditions to Customers will be made in a manner selected by the Seller to ensure that Customers become familiar with the changes.
– The content of these Terms and Conditions may be recorded by printing, saving to a medium or downloading from the Website of the Online Store.
– If a registered Customer (having a Customer Account) does not accept the new content of the Terms and Conditions, he/she shall notify the Seller within 14 Business Days from the date of obtaining information about the change in the Terms and Conditions. Refusal to accept an amendment to the Regulations shall result in termination of the contract for the provision of services by electronic means, subject to the parties to this contract retaining the rights acquired prior to the termination in question.
– The change to the Terms and Conditions will not apply to Orders placed before the date of posting this change on the Online Store Website. These orders will be processed on the basis of the terms and conditions that were in effect on the date of the Order.
– In the event that the provisions of the Regulations conflict with the applicable laws, the provisions of the Regulations affected shall be applied in place of those laws. In this case, the other provisions of the Regulations shall remain in force.
– The Regulations do not limit the rights of Consumers under applicable laws, which cannot be excluded or modified by contract or agreement of the parties.
– If it is not possible to resolve the dispute amicably, including through mediation, the jurisdiction of the Court will be determined in accordance with generally applicable laws.
– The customer using the Online Store Site (and the Online Store itself) is obliged to:
– not to provide unlawful content and not to use the Online Store and the Online Store Site in an unlawful manner;
– not to violate the personal rights and other rights of third parties;
– use any information available on the Online Store Site (including commercial, marketing and promotional materials) for personal use only;
– to comply with the laws in force in the territory of the Republic of Poland and to comply with these Regulations and general rules on the functioning of the Internet;
– not to take unlawful actions that violate the good name of the Seller.
Contact
You will contact our service as follows:
e-mail: shop@onlybestminers.com