Terms and Conditions
1.1. Mahtec Miner S.L.: based in Spain and registered with the Commercial Registry Number (CIF):
B16832529, address: Alejandro Dumas, 17 - 29004 - Malaga - Spain, trading as Mahtec Miner S.L.
1.2. Website: the Website of Mahtec Miner S.L., to be found on https://mahtecminer.io and all of its subdomains.
1.3. Customer: the natural person or corporation who enters into an agreement with Mahtec Miner S.L. and/or is registered on the Website.
1.4. Agreement: any arrangement or agreement between Mahtec Miner S.L. and Customer of which the General Terms and Conditions are an integral part.
1.5. General Terms and Conditions: these General Terms and Conditions.
2.1. The General Terms and Conditions apply to all offers, agreements and deliveries of Mahtec Miner S.L., unless explicitly agreed otherwise in writing.
2.2. If Customer in his order, confirmation or any other communication alleging acceptance of the General Terms and Provisions includes any provisions that differ from, or are not included in the General Terms and Conditions, such provisions will only be binding upon Mahtec Miner S.L., if and in so far as Mahtec Miner S.L., has accepted them in writing.
2.3. In cases where specific product or service-related terms and conditions apply in addition to these general terms and conditions, Customer can always invoke the applicable condition that is most favorable to him in the event of incompatible general terms and conditions.
3.1. All prices posted on the Website and in other materials originating from Mahtec Miner S.L., no include taxes and other levies imposed by the government, unless stated otherwise on the website.
3.2. If shipping costs are charged, these will be clearly stated in good time before the contract is concluded. These costs will also be displayed separately in the ordering process.
3.3. The content of the Website is composed with the greatest care. Mahtec Miner S.L., cannot, however, guarantee that all information on the Website is correct and complete at all times. All prices and other information posted on the Website and in other materials originating from Mahtec Miner S.L., are subject to obvious programming and typing errors.
3.4. Mahtec Miner S.L., cannot be held responsible for deviations in colour that result from the quality of the colours displayed on the screen.
4.1.The Agreement will be deemed to be concluded at the moment Customer accepts the offer of Mahtec Miner S.L., subject to the conditions laid down by Mahtec Miner S.L.
4.2. If Customer has accepted the offer by electronic means, Mahtec Miner S.L., will confirm receipt of acceptance of the offer by electronic means without delay. Until such receipt of acceptance is confirmed, Customer will have the possibility to terminate the Agreement.
4.3. If it is found that, in accepting or otherwise entering into the Agreement, Customerhas provided incorrect data, Mahtec Miner S.L., will have the right to postpone the Agreement until the correct data is received.
5.1. To make optimal use of the Website, Consumer can register using the registration form/the account sign-in option on the Website.
5.2. During the registration process, Consumer will be asked to choose a user name and password with which he can log on to the Website. Consumer alone is responsible for choosing a sufficiently reliable password.
5.3. Consumer must keep its login credentials, user name and password strictly confidential. Mahtec Miner S.L., cannot be held liable for any misuse of the login credentials and is always entitled to assume that Consumer who logs on to the Website is the party that it professes to be. Consumer is responsible for and bears the full risk of any and all actions and transactions performed via Consumer’s account.
5.4. If Consumer knows or has reason to suspect that its login details have become available to unauthorised parties, it will be required to change its password as soon as possible and/or to notify Mahtec Miner S.L., accordingly so as to allow Mahtec Miner S.L., to take appropriate measures.
6.1. As soon as Mahtec Miner S.L., has received the order, it will send the products to Consumer without delay and with due regard for the provisions of paragraph 3 of this article.
6.2. Mahtec Miner S.L., is authorised to engage third parties in the fulfilment of its obligations under the Agreement.
6.3. Well ahead of the date on which the Agreement is signed, information will be posted on the Website which clearly describes the manner in which and the term within which the products will be delivered.
6.4 Mahtec Miner S.L., advises Consumer to inspect the products upon delivery and to report any defects within an appropriate period, preferably in writing or by email. For further details, see the article about guarantee and conformity.
6.5. The risks associated with the products will transfer to Consumer as soon as the products are delivered at the agreed delivery address.
6.6. If the ordered product can no longer be supplied, Mahtec Miner S.L., is entitled to deliver a product which is comparable in nature and quality to the ordered product.
7.1. This article only applies if Consumer is a natural person who is not acting in his or her professional or commercial capacity. Business Consumers therefore have no right of withdrawal.
For Spain
Mahtec Miner S.L.
Alejandro Dumas, 17
29004 - Malaga
Spain
CIF: B16832529
VAT: ESB16832529
Email: info@mahtecminer.io
7.2. Preorders are not refundable!
8.1. Customer shall pay the amounts due to Mahtec Miner S.L., in accordance with the ordering procedure and any payment methods indicated on the Website https://mahtecminer.io. Mahtec Miner S.L., is free to offer any payment method of its choice and may change these methods at any time. In cases of payment after delivery Customer will be given a term of payment of 14 days entering on the day after delivery.
9.1. This article only applies if Consumer is a natural person who is not acting in his or her professional or commercial capacity. If Mahtec Miner S.L., gives a separate warranty on the products then, without prejudice to the aforesaid, this applies to all types of Consumers.
9.2. Mahtec Miner S.L., guarantees that the products are in conformity with the Agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and with the existing statutory provisions and/or government regulations that are in force from the date of entering into the Agreement. If specifically agreed, Mahtec Miner S.L., also guarantees that the product is suitable for other than normal use.
9.3. If the delivered product is not in conformity with the Agreement, Consumer must inform Mahtec Miner S.L., within a reasonable period of time after he has discovered the defect.
9.4. If Mahtec Miner S.L., deems the complaint to be correct, the faulty product(s) will be repaired, replaced or refunded in consultation with Consumer. The maximum amount of compensation is, having regard to the Article on liability, equal to the price paid by Consumer for the product.
10.1. Mahtec Miner S.L., guarantees that the products are in conformity with the Agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and with the existing statutory provisions and/or government regulations that are in force from the date of entering into the Agreement. If specifically agreed, Mahtec Miner S.L., also guarantees that the product is suitable for other than normal use. Otherwise, it applies that the product is suitable for normal use.
10.2. If the delivered product is not in conformity with the Agreement, Customer must inform Mahtec Miner S.L., within a reasonable period of time after he has discovered the defect.
10.3. If Mahtec Miner S.L., deems the complaint to be correct, the faulty product(s) will be repaired, replaced or (partially) refunded in consultation with the Customer.
11.1. If Customer has any grievances in connection with a product (in accordance with the article on warranties and conformity) and/or about other aspects of Mahtec Miner S.L.’s service, it can submit a complaint by telephone, by email or by post. See the contact details at the bottom of the General Terms and Conditions.
11.2. Mahtec Miner S.L., will respond to the complaint as soon as possible, and in any case within 14 days after having received it. If it is not yet possible for Mahtec Miner S.L., to formulate a substantive reaction to the complaint by that time, Mahtec Miner S.L., will confirm receipt of the complaint within 14 days after having received it and give an indication of the term within which it expects to be able to give a substantive or definitive reaction to Customer’s complaint.
11.3. If Customer is a natural person who is not acting in his or her professional or commercial capacity, it can file a complaint through the European Online Dispute Resolution platform, available at: http://ec.europa.eu/odr/.
12.1. This Article only applies if Consumer is a natural person or a legal entity who is acting in a professional or commercial capacity.
12.2. The total liability of Mahtec Miner S.L., in respect of Consumer due to an attributable failure to perform the Agreement is limited to compensation not exceeding the price stipulated for that particular Agreement (including VAT).
12.3. The liability of Mahtec Miner S.L., in respect of Consumer for indirect damage or loss, which in any case includes – but is explicitly not limited to – consequential damage, lost profit, lost savings, loss of data and damage due to business interruption, is excluded.
12.4. Aside from the cases referred to in the two previous paragraphs of this Article, Mahtec Miner S.L., is not subject to any liability at all in respect of Consumer for damages, irrespective of the ground on which the action for damages is based. The restrictions set out in this Article, will, however, cease to apply if and insofar as the damage or loss is the result of an intentional act or gross negligence on the part of Mahtec Miner S.L.
12.5. Mahtec Miner S.L., will only be liable to Consumer on account of an attributable failure in the performance of an agreement if Consumer issues a proper notice of default to Mahtec Miner S.L., without delay stipulating a reasonable period of time in which to remedy the failure, and Mahtec Miner S.L., also continues to fail to perform its obligations after that period. The notice of default must contain a description of the failure in as much detail as possible to enable Mahtec Miner S.L., to provide an adequate response.
12.6. Any event giving right to compensation is always subject to the condition that Consumer reports the damage or loss in writing to Mahtec Miner S.L., as soon as possible, but no later than within 30 days after the damage or loss has arisen.
12.7. In the event of force majeure Mahtec Miner S.L., is not liable to pay compensation for any damage or loss Consumer has incurred as a result.
13.1. Mahtec Miner S.L., will process the Consumer’s personal details in accordance with the privacy statement published on the Website.
14.1. This agreement is governed by the laws of the country of establisment of the webshop.
14.2. Insofar as not dictated otherwise by mandatory law, any disputes ensuing from the Agreement will be submitted to the competent Spanish Court in the district where Mahtec Miner S.L., has its registered office.
14.3. If any provision set out in these General Terms and Conditions should prove to be void, this will not affect the validity of the General Terms and Conditions as a whole. In that case, the Parties will lay down one or more new provisions in replacement which will reflect the original provision as much as is possible under the law.
14.4. The term ‘written’ in these General Terms and Conditions also refers to communication by email and fax, provided that the sender’s identity and the integrity of the email message have been sufficiently established.