General Terms and Conditions

OVERVIEW
Welcome to SmartMiner! The terms "we", "us" and "our" refer to SmartMiner. One Shot Miner operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the "Services"). SmartMiner is powered by Shopify, which enables us to provide the Services to you.
The below terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms") describe your rights and responsibilities when you use the Services.
Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.
By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.

General Terms and Conditions
1. SCOPE
The following terms and conditions apply to all orders placed by consumers and entrepreneurs via our online shop.
A consumer is any natural person who enters into a legal transaction predominantly for purposes that are neither commercial nor self-employed. An entrepreneur is a natural or legal person or a partnership in a legal capacity acting in the exercise of their commercial or independent professional activity when carrying out a legal transaction.
The following applies to entrepreneurs: If the entrepreneur uses contradictory or supplementary general terms and conditions, their validity is contradicted here; they only become part of the contract if we have expressly agreed to this.
2. CONTRACTUAL PARTNERS, CONTRACTUAL CONSEQUENCES, POSSIBILITIES OF RECTIFICATION
Sales contract signed with BAYRAMOGLUR LTD 71-75, Shelton Street, Covent Garden, London, WC2H 9JQ, UNITED KINGDOM 14985695.
By placing the products in the online shop, we are making a binding offer to conclude a contract for these products. You can place our products in the shopping cart in the first place without any obligation and you can correct your entries at any time before submitting your binding order, using the correction tools provided and described in the ordering process. The contract is concluded when you accept the offer for the products in the shopping cart by clicking on the order button. You will receive another confirmation email immediately after submitting the order.
3. CONTRACT LANGUAGE, CONTRACT TEXT STORAGE
Language(s) that can be used for the conclusion of the contract: Italiano
We save the contract text and send you the order data and our terms and conditions in text form. For security reasons, the contract text is no longer accessible via the Internet.
4. DELIVERY TERMS
We deliver free of charge.
We deliver only by mail. Unfortunately, it is not possible to collect the goods yourself.
We do not deliver to packing stations.
5. PAYMENT
The following payment methods are usually available in our store:
credit card
Enter your credit card details during the ordering process. Your card will be charged immediately after placing your order.
PayPal, PayPal Express,Stripe
In order to pay the invoice amount via the payment service provider PayPal (Europe) S.à r.l. et C.A., 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), you must be registered with PayPal, identify yourself with your access data and confirm the payment order. The payment transaction is processed by PayPal immediately after the order is placed. You will receive more information during the ordering process.
Immediately by Klarna
In order to pay the invoice amount via the payment service provider Sofort GmbH, Theresienhöhe 12, 80339 Munich, you must have a bank account activated for online banking, identify yourself accordingly and confirm the payment instruction. Your account will be debited immediately after placing your order. You will receive further information during the ordering process.
Google Pay
In order to be able to pay the invoice amount via the payment service provider Google Ireland Ltd., Gordon House, Barrow Street, Dublin 4, Ireland ("Google"), you must be registered with Google, have Google enabled. Payment function, sign in with your Authorization access data and confirm the payment order. The payment transaction is processed immediately after the order has been placed. You will receive more information during the order process.
Apple Pay
To transfer the invoice amount via the payment service provider Apple Inc., One Apple Park Way, Cupertino, CA 95014, USA ("Apple"), you must use the "Safari" browser, be registered with Apple, activate the Apple Pay function, identify yourself with your access data and payment instructions Confirm Payment will be processed immediately after the order is placed. You will receive more information during the order process.
Klarna
In cooperation with the payment service provider Klarna Bank AB (publisher), Sveavägen 46, 111 34 Stockholm, Sweden ("Klarna"), we offer you the following payment options. Payment through Klarna is only available to consumers. Unless otherwise regulated below, payment via Klarna requires a successful address and credit check and is made directly to Klarna. You will receive more information about the respective payment option and the order process.
Buy account via Klarna
The invoice amount is due 14 days after dispatch of the goods and receipt of the invoice.
6. RIGHT OF WITHDRAWAL
Consumers have the legal right of withdrawal as described in the cancellation policy. Entrepreneurs are not granted the right of voluntary withdrawal.
7. TITLE RESERVATION

The goods remain our property until they have been paid in full.
The following also applies to entrepreneurs: We retain ownership of the goods until all claims arising from an ongoing business relationship have been fully settled. You may resell the reserved goods in the ordinary course of business; you assign all claims arising from this resale - regardless of whether the reserved goods are combined or mixed with a new item - to us in advance in the amount of the invoice amount and we accept this assignment. You remain authorized to collect the claims, but we may also collect the receivables ourselves if you do not fulfill your payment obligations. At your request, we will release the securities to which we are entitled if the realizable value of the securities exceeds the value of the outstanding claims by more than 10%.
8. GUARANTEES AND WARRANTIES
8.1 LIABILITY FOR FAULT
Unless expressly agreed otherwise below, the statutory right of liability for defects shall apply.
The following limitations and shortening of time limits do not apply to claims based on damage caused by us, our legal representatives or vicarious agents
* in case of injury to life, limb or health
* In case of willful or grossly negligent breach of duty and fraudulent intent
* in case of breach of basic contractual obligations, the fulfillment of which is essential for the proper execution of the contract and on which the contractual partner can regularly rely (main obligations)
* under a warranty promise, if agreed, or
* As long as the scope of application of the Product Liability Act is clear.
Restrictions on entrepreneurs
With regard to entrepreneurs, only our own information and the manufacturer's product descriptions contained in the contract apply as an agreement on the quality of the goods; we accept no liability for public statements or other advertising statements of the manufacturer. For entrepreneurs, the limitation period for claims for defects in newly manufactured goods is one year from the transfer of risk.
The statutory limitation periods for the right of recourse according to § 445a BGB remain unaffected.
Rules for traders
The obligation to inspect and report defects stipulated in Section 377 of the German Commercial Code (HGB) applies to traders.If you omit the notification stipulated therein, the goods are deemed to be approved unless there is a defect that was not apparent at the time of inspection.This does not apply if we have fraudulently concealed a defect.
8.2 WARRANTIES AND CUSTOMER SERVICE
Information on additional warranties that may apply and their precise conditions can be found together with the product and on the special information pages in the online shop.
9. RESPONSIBILITY
We are always fully liable for claims based on damage caused by us, our legal representatives or vicarious agents
* In case of injury to life, limb or health,
* In case of a willful or grossly negligent breach of duty,
* for guarantee commitments, if agreed upon, or
* Insofar as the scope of application of the Product Liability Act is clear.
In the event of breach of essential contractual obligations that must be fulfilled for the proper performance of the contract and on which the contractual partner can regularly rely (main obligations), our liability, that of our legal representatives or vicarious agents, partly due to slight negligence, is limited to damage that could have been foreseen upon conclusion of the contract and whose occurrence should have typically been expected.
Otherwise claims for compensation are excluded.
10. DISPUTE RESOLUTION
The European Commission provides a platform for online dispute resolution (OS), which you can find here [https://ec.europa.eu/consumers/odr/]. We are neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board

11.LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL SmartMiner, Our Partners, Directors, Officers, Employees, Affiliates, Agents, Contractors, Service Providers Or Licensors, Or Those Of Shopify And Its Affiliates, Be Liable For Any Injury, Loss, Claim, Or Any Direct, Indirect, Incidental, Punitive, Special, Or Consequential Damages Of Any Kind, Including, Without Limitation, Lost Profits, Lost Revenue, Lost Savings, Loss Of Data, Replacement Costs, Or Any Similar Damages, Whether Based In Contract, Tort (Including Negligence), Strict Liability Or Otherwise, Arising From Your Use Of Any Of The Services Or Any Products Procured Using The Services, Or For Any Other Claim Related In Any Way To Your Use Of The Services Or Any Product, Including, But Not Limited To, Any Errors Or Omissions In Any Content, Or Any Loss Or Damage Of Any Kind Incurred As A Result Of The Use Of The Services Or Any Content (Or Product) Posted, Transmitted, Or Otherwise Made Available Via The Services, Even If Advised Of Their Possibility.

12. DISCLAIMER OF WARRANTIES
The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.
EXCEPT AS EXPRESSLY STATED BY SmartMiner, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED 'AS IS' AND 'AS AVAILABLE' FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

13.INDEMNIFICATION
You agree to indemnify, defend and hold harmless SmartMiner, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities or claims, including reasonable attorneys' fees, payable to any third party due to or arising out of (1) your breach of these Terms of Service or the documents they incorporate by reference, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.
We will notify you of any indemnifiable claim, provided that a failure to promptly notify will not relieve you of your obligations unless you are materially prejudiced. We may control the defense and settlement of such claim at your expense, including choice of counsel, but will not settle any claim requiring non- monetary obligations from you without your consent (not to be unreasonably withheld). You will cooperate in the defense of indemnified claims, including by providing relevant documents.

14.PROHIBITED USES
You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm any of our employees or any other person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use, or re-use any material that does not comply with the these Terms; (g) to transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation; (h) to impersonate or attempt to impersonate any other person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm One Shot Miner, Shopify or users of the Services, or expose them to liability.
In addition, you agree not to: (a) upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, sell, resell or exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm, pretext, spider, crawl, or scrape; or (e) interfere with or circumvent the security features of the Services or any related website, other websites, or the Internet. We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we determine that you have violated any part of these Terms.