Terms and Conditions of Sale
Terms and Conditions of Sale
Terms and Conditions of Sale for Consumer purchases differ from those for Company purchases.
TERMS AND CONDITIONS OF SALE
1.MEANINGS OF WORDS USED BY US
1.”Agreement” is a reference to these Terms and Conditions, the Returns Policy, the Privacy Policy and any order form and payment instructions provided to you;
2.”Customer“, “you“, “your” and “yours” means you the person using this Website ordering Goods or Services;
3.“Consumer” means a person who purchases goods and services for personal use also referred to as B2C;
4.“Trade / Business Purchaser” means the person, firm or company to whom the Goods are supplied;
5.”Goods” or “Products” means the server which you have ordered from us and any other hardware or software products ordered by you which are set out in your order form;
6.”Service” or “Services” means any service that we offer to our customers. The exact details of which are dependent on the level of service which is selected;
7.”Terms and Conditions” means this document and any updates to the document which are displayed on our Website;
8.”we“, “us” and “our” are references to HOSTMINE
9.”Website” is a reference to the website, www.cryptovishv.com which is run and operated by us and on which these Terms and Conditions are displayed.
2.ORDERING FROM US
1.When you order Goods and/or Services from us you are entering into a contract with us for the purchase of the Goods and/or the performance of the Services. You must take particular care when providing us with your details to ensure that these are accurate and complete at the time of ordering.
2.Any order that you place with us is subject to product availability and acceptance by us. When you place your order online we will send you an email confirming your order (the Order Confirmation). If the Goods are not available we will contact you by telephone or email and offer you an alternative Product or the option of cancelling your order.
3.Goods and Services purchased from this Website are intended for your use only and you warrant that any Goods purchased by you are not for resale, unless you are registered as a re-seller with us.
4.When ordering from this Website you may be required to provide a username and password. You must ensure that you keep these details secure and do not provide this information to a third party.
5.We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Website.
6.The description and price of Goods you order will be as shown on our website at the time you place your order.
7.After placing an order, you will receive an e-mail from us acknowledging that we have received your order (the Order Confirmation) and cleared payment. The contract between us (Contract) will only be formed when we send you the Order Confirmation and is subject to these ‘Terms and Conditions of Sale’.
3.PRICES
1.All Prices shown on the website are inclusive of value added tax (where applicable) and include delivery charges for the UK. International delivery charges are available on request.
2.Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an Order Confirmation.
3.The total price for Goods or Services ordered, including delivery charges, will be displayed on the Website when you place your order. When you are paying by credit or debit card payment will be taken at the time of placing your order and not when the order is dispatched.
4.Where payment is made by debit, credit card or bank transfer, we shall not dispatch any Products until we receive cleared funds. No payment shall be deemed to have been received until we have received cleared funds.
5.Our Website contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our Website may be incorrectly priced. We are under no obligation to provide the Product to you at the incorrect price, even after we have sent you an Order Confirmation, if an error in our pricing is found. The price will be verified once your order is assembled.
6.If an error in our pricing is found, we will inform you as soon as possible by telephone or email and offer you the option of reconfirming your order at the correct price or cancelling your order. If you cancel, we will refund or re-credit you for any sum that has been paid by you or debited from your credit/debit card for the Goods. If you do not reconfirm or cancel your order within 3 working days of notification we will assume that you wish to cancel your order and your order will be cancelled by us.
1.DELIVERY
1.Delivery periods quoted at the time of ordering are approximate only and may vary. Goods will be delivered to the address nominated by you at the time of ordering.
2.A Consumer order will be fulfilled as soon as possible after your Order Confirmation and in any event within 7-10 days of the date of the Order Confirmation, unless there are exceptional circumstances or a Quality Assurance check causes delay.
3.A Trade / Business order will be fulfilled as soon as possible within 14 days after your Order Confirmation depending on number of servers and in any event within 30 days of the date of the Order Confirmation, unless there are exceptional circumstances or a Quality Assurance check causes delay.
4.Please ensure that you or someone who is authorised to sign for the Goods on your behalf is available to take receipt of the Goods. When accepting delivery please inspect the package for any visible signs of damage. If there is damage then you can either refuse the delivery or sign for the package as damaged.
5.The Products will be at your risk from the time of delivery.
6.You may collect the Goods from our premises by arranging this with us in advance. Please ensure that you have valid identification at the time of collection to demonstrate proof of your name and order address.
7.If you order Products from our Website for delivery outside the UK, they may be subject to export/import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
8.Please note that Goods may be subject to inspection by your local customs office where delivery is outside the UK.
2.CANCELLATION AND RETURNS
1.If you are contracting as a Consumer, orders cannot be cancelled once they have been placed as servers are individually customised specifically to you and your requirements. You must notify us if you decide to cancel a Contract via durable medium (email / letter) and quote your order number in any communication. Notification by phone is not sufficient. HOSTMINE reserve the right to accept a cancellation and reimburse the Consumer.
2.If you are contracting as a Business / Trade customer any orders made by or on behalf of a business cannot be cancelled once they have been placed. An order will be deemed to be a Business Order, if it is paid via business bank account or business debit / credit card, or a company address, purchase order number or a VAT number has been provided. HOSTMINE reserve the right to accept a cancellation and reimburse the Customer.
3.If HOSTMINE have accepted a cancellation and offer to reimburse the Customer the purchaser must return the Product(s) to us immediately, in the same condition in which you received them. HOSTMINE will advise if return shipping and insurance terms are included or excluded from the offer. If return shipping and insurance is excluded then it will be at your own cost and risk. We advise that the return item is covered by insurance to cover loss and/or damage. Y ou have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation. Once the Products are received by us, we will refund your debit or credit card or issue a debit, credit card or bank transfer for the full amount paid within 30 days from the date of cancellation.
4.Except in the case of faulty or miss-described Goods, if you do not return the Goods as required, we may charge you a sum not exceeding the direct costs of recovering the Goods. All original items delivered must be returned with the refund request. This includes but is not limited to welcome packs, software discs, cables, digital download codes, accessories and peripherals.
5.Any software or consumable products that have been unsealed or activated do not have the right of cancellation and will not be refunded. Please refer to section 28(3)(b) of the Consumer Contracts Regulations 2013.
6.A full statement of your legal rights under The Consumer Contracts Regulations 2013 may be obtained in the UK from your local Citizen’s Advice Bureau or Trading Standards Office or on the UK Government website.
7.If the products supplied to you are incomplete/incorrect or physically damaged then you should notify us via email, letter or webmail by logging into your account area within 72 hours of receipt. Failure to notify us with 72 hours of receipt will result in the determination that any physical damage occurred whilst in your care and that the Goods were supplied correctly and in full.
8.If you suspect that the Goods are faulty and wish to return them you must contact us within 72 hours of discovering the fault and submit an RMA (Return Material Authorisation) request. We will examine the returned Product and if you are entitled, we will notify you of your options (which may be to either repair, replace or refund) via e-mail within a reasonable period of time. We will process a repair, replacement or refund as soon as possible and, in any case, within 30 days of the day you confirm whether you opt for repair or replacement, or for a refund for the defective Product.
9.For Consumer purchaser refunds, we will make the reimbursement once the incomplete/incorrect or physically damaged Products are received by us, we will refund your debit or credit card or issue a cheque or bank transfer for the full amount paid within 30 days from the date of cancellation including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us) less any collection charge we paid for the collection of the Goods if applicable.
10.For Business / Trade purchaser refunds, we will make the reimbursement once the incomplete/incorrect or physically damaged Products are received by us, we will refund your debit or credit card or issue a cheque or bank transfer for the full amount paid within 30 days from the date of cancellation including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us) less any collection charge we paid for the collection of the Goods if applicable.
11.For any returns due to damage or suspected faults, we will arrange for collection at our cost within the first month after receipt or as extended by your warranty provision. Should the product be found not defective then you will be liable for the costs of collection, re-delivery, labour and new packaging if required.
12.Where collections are arranged by us, you still have a duty of care to ensure the Products are packaged sufficiently, for the type and value of Goods being returned. Due to the nature of the Goods supplied, we recommend original packaging is used. If original packaging is not available, new specialty packaging can be ordered from us. Where you use your own packaging, liability for the cost of repairing damage resulting from inadequate packaging rests with you. We will only confirm that the item has arrived back to us in a satisfactory condition once we have opened and inspected the item.
13.When you return products using your own delivery method, where Goods are found to be defective we will refund the carriage cost incurred by you. This will only be refunded upon the receipt of proof of the carriage costs.
14.For a Consumer purchaser returning incomplete/incorrect or physically damaged Goods if the Goods are not in a resaleable condition or if the products have been unnecessarily handled we reserve the right to offer only a partial refund.
15.For a Trade / Business purchaser returning incomplete/incorrect or physically damaged Goods if the Goods are not in a resaleable condition or if the Goods have been unnecessarily handled, we reserve the right to offer only a partial refund.
16.If you wish to return products in the original packaging and you either find your packaging to not be suitable for return, or you didn’t keep the original packaging, then please feel free to contact us for replacement packaging.
17.Consumer purchasers have UK statutory rights at their disposal including the ‘Consumer Contracts Regulations 2013’ the ‘Consumer Rights Act 2015’ and the ‘Consumer Protection (Distance Selling) Regulations 2000’.
Buyers Agreement
1.I understand the nature of the product I am buying and that due to the complex individual components, there may be times when, through no fault of HOSTMINE, the server does not operate at its maximum performance or stops functioning. At these times, HOSTMINE will not be liable for any loss of coins or tokens that would have been acquired had the machine been operating at maximum performance.
I accept that it is my responsibility to understand the machine well enough to perform routine maintenance and basic troubleshooting and I accept that the equipment purchased may need this on an ongoing basis.
2.I understand that the equipment purchased from HOSTMINE is very delicate and its working function can be affected by very small impacts or knocks or any slight mistreatment. If any equipment is bought whilst physically seeing the item working and then does not operate effectively at its new location due to my transport, HOSTMINE will not be liable to repair the machine and a fee may apply for doing so.
3.I understand that the products sold by HOSTMINE do carry a warranty for 6 months and any replacement component that may be needed due to failure will be claimed under the original manufacturer’s warranty. I agree to be subject to each manufacturer and their respective Terms and Conditions, and response turnaround times.
4.I acknowledge that HOSTMINE or its affiliated parties are not liable to replace or refund for any part for full or partial refusal of warranty on any items due to other manufacturers and their respective policies, or individual company and suppliers’ terms and conditions. If any parts need replacing that fall under conditions that respective manufacturers deem to void the warranty for any reason. HOSTMINE will not be liable for any loss due to non-replacement of goods or of coin or tokens generated due to this event.
5.I understand that if, for any reason including but not limited to the company entering liquidation, ceasing trading or illness on behalf of those operating the company, HOSTMINE is not able to assist in the warranty process for any unforeseen reason, it will be my responsibility to contact the manufacturers and communicate with them directly to claim any respective warranties.
6.I understand that HOSTMINE does not take any responsibility for the amount of virtual coins or tokens that the machines produces and /or their future market value. Before purchasing any products from HOSTMINE, I conducted my own research and purchased equipment based upon my understanding of the cryptocurrency market and I am happy to bear the potential future risks.
7.I understand that the machines have been tested and run to operate efficiently on the predetermined settings that the machine was constructed with. If I decide to alter these settings or make any changes to the software, I understand that HOSTMINE will not be liable for any damages or losses this may cause.
8.I understand that the equipment sold by HOSTMINE is very fragile and its performance and long-term health and ability to operate safely are heavily affected by the operating conditions in which it is situated. This includes but is not limited to: environments with lack of ventilation, poor cooling, poorly regulated power and excess dust or moisture. I understand that I must not run the equipment in conditions the cause the cards to run above 70 degrees Celsius as heat is the main cause of card degradation and safety to surroundings. Before my purchase, I have undertaken sufficient research and understand the optimum condition this equipment needs to be operated and located in. I understand that HOSTMINE will not be liable for any damages or losses caused due to poor operating conditions or poor maintenance.
9.I understand that HOSTMINE is also not liable to replace or claim warranty on my behalf for any goods where they believe that the operation conditions were subpar – this includes but is not limited to: environments with lack of ventilation, poor cooling, poorly regulated power and excess dust or moisture. I understand that I must not run the equipment in conditions the cause the cards to run above 70 degrees Celsius as heat is the main cause of card degradation and safety to surroundings. I understand that this will may remove my ability to claim respective warranties and HOSTMINE will not be liable to replace any equipment that failed to meet the above conditions.
10.I understand that HOSTMINE ’s obligations end upon delivery of working hardware. Working hardware is defined as ‘the correct amount of graphics cards being recognised by Windows device manager or 6 cards recognised by the alternate mining software upon initial boot’. For example, a 6-card mining server will have 6 cards recognised by the Operating System Device Manager – respectively the correct amount of cards will also be recognised in the alternate mining software. HOSTMINE is not responsible for any functioning software on the machine. I understand that it will be my responsibility to educate myself to understand how the various mining software applications work and acknowledge that it is likely there they may be updates and various software changes needed in order to keep the machine operating at optimal performance. All of these things will be my responsibility and not that of HOSTMINE.
11.I understand that the equipment purchased from HOSTMINE may come with a trial version of the Operating System installed and it is my responsibility if I so wish to purchase a full license to use that product in the future. I also understand that any fees associated with alternative mining software will be my responsibility too.
12.I understand that any deposit taken in advance for any orders is non-refundable.
13.I understand that any numbers of any amount of tokens mined or their respective market value that were shown to me during the sales process were that of a historic nature and I understand that they are not indicative of future tokens acquired or their future values.
14.I understand that the purchase of my equipment is separate from the provision of hosting services that may or may not be needed. I understand that the two are separate services and will be invoiced accordingly.
Contacting us
If you would like to contact us concerning any matter relating to your Warranty, you may do so via the contact form, send an email to support@cryptovishv.com or write a letter to HOSTMINE, Digital World Centre, 1 Lowry Plaza, The Quays, Manchester, M50 3UB
This document was last updated on July 18, 2021