The general terms and conditions apply to all agreements entered into by Ultrabit. If you do not agree with these general terms and conditions, Ultrabit will not enter into any agreement with you.
The (sub)headings are intended to facilitate readability, and no rights can be derived from them.
Table of Contents:
1 - Definitions
2 - Applicability
3 - Agreement, Offer, and Confirmation
4 - Prices
5 - Execution of the Assignment
6 - Payment
7 - Complaints
8 - Liability
9 - Indemnification
10 - Suspension, Termination, and Dissolution
11 - Force Majeure
12 - Import Duties
13 - Other Provisions
Article 1 - Definitions
In these general terms and conditions, the following words are understood to mean the following in the offers and agreements to which the conditions apply:
- Customer: The natural person, legal entity, or partnership entering into an agreement with Ultrabit.
- Agreement: An agreement between Ultrabit and a customer for one or more services provided by Ultrabit at a price to be paid by the customer.
- Written: By letter or email.
- Ultrabit: A company engaged in the sale of hardware for cryptocurrency mining and related services, located at Landweerstraat-zuid 93L, 5349AK Oss.
- Shipping Confirmation: The email sent to the customer to confirm the order.
Article 2 - Applicability
2.1 Ultrabit's general terms and conditions apply to all agreements, offers, invitations to make an offer, as well as all services.
2.2 Any reference by the customer to its own purchasing or other general terms and conditions is explicitly rejected by Ultrabit.
2.3 Ultrabit is authorized to unilaterally amend and/or supplement the general terms and conditions. The amended and/or supplemented general terms and conditions will be sent to the customer.
2.4 Deviations from and/or additions to the general terms and conditions apply only if Ultrabit has expressly accepted them in writing and only apply to the specific agreement concerned.
Article 3 - Agreement, Offers, and Confirmation
3.1 Quotations are without obligation, unless they contain a term for acceptance.
3.2 If the acceptance by the customer (whether or not on minor points) deviates from the offer from Ultrabit, the agreement is not concluded in accordance with this deviating acceptance, unless Ultrabit indicates otherwise.
3.3 The customer is responsible for the accuracy and completeness of the data provided by or on behalf of him on which Ultrabit bases the quotation.
3.4 The orders are accepted in writing by the customer. If the customer fails to do so but nevertheless agrees to Ultrabit commencing with the performance of the service, the content of the order confirmation or quotation is deemed agreed upon, and the general terms and conditions apply.
3.5 Ultrabit cannot be held to its offer if the customer could reasonably understand that the offer, or any part thereof, contains an obvious mistake or clerical error.
3.6 A change in the agreement is only valid if Ultrabit has expressly accepted it in writing and only applies to the specific agreement.
3.7 A change in the agreement may result in a change in the originally stated delivery time.
3.8 Upon placing an order, you will receive a confirmation that the order has been received. This does not mean that your order has been accepted immediately. The order is an offer for the product from Ultrabit on your behalf. This offer must be accepted on behalf of Ultrabit, and confirmation will be sent to you by email.
3.9 The acceptance of your offer only applies to the products confirmed in the email.
3.10 All photos, descriptions, and advertisements are intended to give you an idea of the products sold by Ultrabit. If there are minor discrepancies between the product and the description, you cannot hold Ultrabit accountable.
Article 4 - Prices
4.1 All prices are in euros, including VAT and other government levies, as well as any costs incurred in the (execution of the) agreement (e.g., travel and accommodation costs, installation costs, shipping and administration costs), unless otherwise stated in writing.
4.2 Ultrabit is entitled to increase the price if, after the conclusion of the agreement, Ultrabit cannot reasonably be expected to deliver at the originally agreed price due to developments in the market. Ultrabit will inform the customer of its intention to increase the price and specify the extent and effective date of the increase. The customer has the right to dissolve the agreement in the event of a price increase.
4.3 The mentioned rates, prices, and offers do not automatically apply to future services.
4.4 Ultrabit reserves the right to periodically index the price based on the change in the Consumer Price Index (CPI) series, all households, published by the Central Bureau of Statistics (CBS).
4.5 The application of the indexing will never lead to lower prices.
4.6 If the CBS discontinues the publication of the aforementioned price index or changes the basis of its calculation, a comparable index will be used as much as possible.
Article 5 - Execution of the Assignment
5.1 Ultrabit will make every effort to carry out the service as carefully and independently as possible, represent the customer's interests to the best of its knowledge, and strive for a usable result for the customer. If necessary, Ultrabit will keep the customer informed of the progress of the work.
5.2 Ultrabit determines the delivery time approximately. This period is not a strict deadline. Ultrabit is only in default after the customer has formally put him in default in writing, and performance remains absent within a reasonable period. This reasonable period should take into account the fact that Ultrabit has a manufacturer located abroad.
5.3 The customer is obliged to do everything that is reasonably necessary or desirable to enable Ultrabit to deliver on time and correctly, especially timely provision of complete, sound, and clear data and/or materials. If the customer has fulfilled its obligations under the agreement, the delivery time commences.
5.4 Exceeding the delivery time does not entitle the customer, if it is a legal person or a natural person acting in the exercise of a profession or business, to compensation for damages.
5.5 Ultrabit is authorized to engage third parties for the execution of the agreement. The applicability of Articles 7:404, 7:407 paragraph 2, and 7:409 of the Dutch Civil Code is expressly excluded.
5.8 The right of withdrawal does not apply to agreements concluded with Ultrabit. The right of withdrawal does not apply when the products are made to the customer's specifications or are dependent on trade fairs. Due to the volatility of the cryptocurrency market, returning Miners after receiving the order is not possible.
5.9 You may receive emails that have been classified as spam. Ultrabit is not responsible for communication problems, delays, or missing orders due to your email provider.
Article 6 - Payment
6.1 Payment must be made in advance by bank transfer or other payment methods specified on the website, unless agreed otherwise in writing.
6.2 If the payment term is exceeded, the customer is in default by operation of law, without any further notice of default being required. In that case, Ultrabit has the right to charge the customer statutory interest on the invoice amount from the due date until the day of payment in full.
6.3 All costs, both judicial and extrajudicial, incurred by Ultrabit as a result of the customer's non-compliance with his payment obligations, are for the account of the customer.
6.4 The extrajudicial costs amount to at least 15% of the invoice amount, with a minimum of €250.00.
6.5 In the event of liquidation, bankruptcy, attachment, or suspension of payment on the part of the customer, the claims of Ultrabit against the customer are immediately due and payable.
6.6 Payments made by the customer serve in the first place to settle all interest and costs owed and then to claimable invoices that have been outstanding the longest, even if the customer states that the payment relates to a later invoice.
Article 7 - Complaints
7.1 The customer must examine the delivered goods immediately upon receipt. Any visible defects must be reported in writing within three days of delivery, and any non-visible defects must be reported in writing immediately after discovery but no later than two weeks after delivery.
7.2 The customer must notify Ultrabit in writing of any defects immediately after discovery but no later than two weeks after delivery.
7.3 The customer must enable Ultrabit to investigate a complaint. If the customer does not cooperate fully, Ultrabit has the right to reject the complaint.
7.4 If the customer files a complaint in a timely manner, this does not suspend his payment obligation. In that case, the customer also remains obliged to purchase and pay for the other ordered products.
7.5 If it is established that a product is defective and a complaint has been filed in a timely manner, Ultrabit will replace the defective product within a reasonable period after return receipt thereof, or if return is not reasonably possible, after written notification of the defect by the customer. If it is impossible to replace the product, Ultrabit will determine in consultation with the customer an alternative compensation.
Article 8 - Liability
8.1 Ultrabit is not liable for any damage, direct or indirect, arising from or in any way connected with the failure of Ultrabit to execute the agreement, unless there is intent or gross negligence on the part of Ultrabit.
8.2 If Ultrabit is liable for any damage, Ultrabit's liability is limited to the invoice amount of the agreement, at least to that part of the agreement to which the liability relates.
8.3 Ultrabit is only liable for direct damage.
8.4 Ultrabit is never liable for indirect damage, including consequential damage, lost profit, missed savings, and damage due to business interruption.
8.5 Ultrabit is not liable for damage caused by intent or gross negligence of third parties engaged by Ultrabit.
8.6 Ultrabit is not liable for the loss or damage of data if it has not been explicitly agreed that Ultrabit will make a backup of the data.
8.7 Ultrabit is not liable for errors or inaccuracies in the material provided by the customer.
Article 9 - Indemnification
The customer indemnifies Ultrabit against any claims from third parties that suffer damage in connection with the performance of the agreement and which is attributable to the customer.
Article 10 - Suspension, Termination, and Dissolution
10.1 Ultrabit may suspend the fulfillment of the obligations or dissolve the agreement if: a. the customer does not, not properly, or not timely fulfill any obligation under the agreement; b. after the conclusion of the agreement, Ultrabit becomes aware of circumstances that give good reason to fear that the customer will not fulfill his obligations. If good grounds exist to fear that the customer will only partially or improperly fulfill his obligations, suspension is only allowed insofar as the shortcoming justifies it; c. the customer was requested to provide security for the fulfillment of his obligations under the agreement when the agreement was concluded and this security is not provided or is insufficient.
10.2 Furthermore, Ultrabit is authorized to dissolve the agreement (or have it dissolved) if circumstances arise that are of such a nature that fulfillment of the agreement is impossible or if other circumstances arise that are of such a nature that the unaltered maintenance of the agreement cannot reasonably be demanded.
10.3 If the agreement is dissolved, Ultrabit's claims against the customer are immediately due and payable. If Ultrabit suspends the fulfillment of its obligations, it retains its rights under the law and agreement.
10.4 If Ultrabit proceeds to suspension or dissolution, it is in no way obliged to compensate damage and costs incurred in any way.
10.5 If the dissolution is attributable to the customer, Ultrabit is entitled to compensation for the damage, including the costs, directly and indirectly caused by the dissolution.
10.6 If the customer fails to fulfill his obligations under the agreement and this failure justifies dissolution, Ultrabit is entitled to dissolve the agreement with immediate effect and without any obligation on its part to pay any compensation or compensation while the customer, due to the failure, is obliged to pay compensation or compensation.
10.7 If the agreement is dissolved, the claims of Ultrabit on the customer are immediately due and payable. If Ultrabit suspends the fulfillment of its obligations, it retains its rights under the law and agreement.
Article 11 - Force Majeure
11.1 Ultrabit is not obliged to fulfill any obligation towards the customer if it is prevented from doing so as a result of a circumstance that is not due to its fault, nor is it for its account under the law, a legal act, or generally accepted views.
11.2 In these general terms and conditions, force majeure is understood, in addition to what is understood in this regard in the law and case law, all external causes, foreseen or unforeseen, on which Ultrabit cannot exert any influence but as a result of which Ultrabit is unable to fulfill its obligations. Work strikes at Ultrabit are also understood to be force majeure.
11.3 During force majeure, the delivery and other obligations of Ultrabit are suspended. If the period in which Ultrabit cannot fulfill its obligations due to force majeure lasts longer than three months, both parties are entitled to dissolve the agreement without any obligation to compensate damage to the other party.
11.4 Insofar as Ultrabit has partially fulfilled or will be able to fulfill its obligations under the agreement at the time of the occurrence of force majeure, and the part fulfilled or to be fulfilled has independent value, Ultrabit is entitled to separately invoice the part fulfilled or to be fulfilled. The customer is obliged to pay this invoice as if it were a separate agreement.
Article 12 - Import Duties
12.1 Import duties are at the expense of the customer unless otherwise agreed in writing.
Article 12 Import Duties
12.1 If the products are to be delivered 'outside the EU,' there is a chance that the customer may incur import duties. The customer is responsible for these duties. Ultrabit has no control over whether duties will be charged.
12.2 The customer must always comply with all applicable laws set by the Netherlands. Ultrabit is not responsible for the violation of laws on behalf of the customer.
Article 13 Other Provisions
13.1 The customer is not allowed to transfer any right from an agreement concluded with Ultrabit to third parties, other than in the case of the transfer of their entire business.
13.2 Parties are obliged to keep confidential facts and circumstances that come to the knowledge of the other party in the context of the assignment. Third parties involved in the execution of the assignment will be bound by the same confidentiality regarding these facts and circumstances from the other party.
13.3 Ultrabit must insure and keep insured against fire, explosion, water damage, and theft, and this policy must be available for inspection.
13.4 Dutch law applies to the agreement between Ultrabit and the customer. The competent court is the court of the district where Ultrabit is established.
13.5 If any part of these General Terms and Conditions is found to be invalid or unenforceable by a court, the rest is not affected, and the remainder of the conditions remain valid.