Refund and Returns Policy
By placing your order, you accept and are bound by the terms and conditions below.
- Agreement structure
1.1. These terms of sale (the “Terms”) shall apply to all sales and deliveries of products (the “Products”) from NBTC to the purchaser (the “Purchaser” or “Customer”) or its representatives. These terms of sale together with the order and the order confirmation (if any) are jointly referred to as the “Agreement”. Any conditions contrary to the content of these Terms, e.g. purchase terms or other terms attached to or referred to in the Purchaser’s order, shall only be applicable if such conditions have been approved in writing by an authorized signatory of NBTC
1.2. Purchaser is deemed to accept these Terms upon Buyer or its representative’s: (i) purchase of Products, (ii) clicking an acceptance button or checking an acceptance box online or similar act of acceptance, (iii) written or verbal assertion, ( iv) acceptance of delivery of the Product or partial delivery of Product, (v) payment or partial payment, or (vi) other conduct constituting acceptance; whichever occurs first.
1.3. The Products are sold for business and personal use.
- Order and Order Confirmation
Upon NBTC receipt of the Purchaser’s order, the order will be confirmed in accordance with NBTC procedures. The Purchaser acknowledges and accepts that such order confirmation may be sent via e-mail or other electronic interface. The Purchaser may always request a written order confirmation by contacting NBTC customer service.
The Products are sold at the prices prevailing on the day of order according to the NBTC price list at that time. Applicable prices do not include taxes, customs or other applicable costs. The Purchaser is solely liable to pay all taxes, customs or other applicable costs related to purchase of the Products.
- Fees and Payment Terms
Payment shall be made in advance upon order by direct Bitcoin payment or wire transfer or any other manner facilitated by NBTC from time to time. Full payment is a condition for NBTC to accept an order. If payment is not received within the time that is customary for the used manner of payment, NBTC is entitled: (i) until further notice to suspend delivery of outstanding orders from the Purchaser until NBTC receives payment or, and/or (ii) to terminate the Agreement. For the avoidance of doubt , NBTC is not bound by the Agreement until payment has been received in full. Costs for freight may be charged separately upon delivery and NBTC may, in such case, require additional payments to be made as a condition for delivering the Products.
5.1 Only private customers have the right to cancel the order within 2 days of receiving the goods. After the customer receives the goods, if there is any problem, the customer need to ask questions within 24 hours (the miner will be tested within one day after receiving the goods, and if there are any questions, the customer should raise immediately). This authority does not apply to commercial customers. Private customer is obliged to contact NBTC within 2 days to exercise the right of withdrawal according to EU Consumer and Marketing Law. If the product has been used or changed, the order cannot be cancelled within these 2 days. Returns will only be accepted with prior approval from NBTC. In case of return, NBTC reserves the right to make deductions for any deficiencies.
5.2 NBTC reserves the right to require the purchaser to give NBTC an opportunity to inspect the product before accepting the return. Any return charges will be borne by the buyer unless the return has been pre-approved by NBTC. All sales are final.
- Limitation of Liability
6.1. NBTC liability under the Agreement is limited to the above mentioned limited warranty. As an exclusive remedy for any covered warranty claim, NBTC may choose to (i) re-deliver new products, (ii) repair the defected Product. Such new delivery or repair is conditioned upon the Purchaser’s complaint of a defect or deficiency within the prescribed time specified in these terms and conditions. Should the Purchaser fail to make such complaint within the prescribed time, the Purchaser waives all claims hereunder in relation to the Products. If requested by NBTC , all Products which deviate from the warranty shall be returned to NBTC . NBTC is responsible for arranging such returns. In case of any non-approved returns, the Purchaser is responsible for all shipping costs associated with such return.
6.2. NBTC liability under the Agreement is, irrespective of the type, reason and scope of the defect, deficiency or damage, limited to the value of the individual Product that gave rise to liability. NBTC is under no circumstances liable for damage caused by the Product unless otherwise provided by mandatory product safety- or liability legislation.
6.3. NBTC is not liable for any indirect, consequential or special damages or loss of any kind, such as, but not limited to, loss of production, loss of profits and loss of business. NBTC is not liable for compensation for loss or damage due to the Purchaserís obligation to pay compensation to a third party.
- Delivery Terms
7.1. The Products are delivered to the delivery address specified by the Purchaser, unless otherwise agreed. The delivery date is provided for information purposes only and shall not be binding on NBTC The Purchaser is not entitled to refuse acceptance of the Products, withdraw, cancel or revoke the order or make claims for compensation due to any delayed delivery.
7.2. Where delivery is delayed due to any of the circumstances constituting force majeure in accordance with Section 12 below or due to any act or omission by the Purchaser, the delivery period shall be extended by such a period as is reasonable in light of the circumstances . The delivery period shall also be extended where the cause of the delay arises after the expiry of the originally agreed delivery period.
7.3. If the delivery is prevented due to the Purchasers negligent acts or omissions, the risk for the Products shall pass to the Purchaser on the date when the Products were ready for delivery. In case of any damage to delivered Products and/or its packaging , the Purchaser is solely responsible for making any reservation or claim for compensation in relation to the relevant appropriate logistics/freight company.
8.1. NBTC reserves the right to terminate and rescind an approved order, or the entire Agreement, immediately in the event the Purchaser breaches the Agreement and fails to rectify such breach within thirty (30) calendar days from NBTC written notification to the Purchaser of the breach. Such notice shall not affect NBTC right to claim damages or any other economic compensation due to the Purchaser’s breach. Further, NBTC reserves the right to immediately terminate and rescind an approved order, or the entire Agreement, in the event that the Purchaser: (i) no longer conducts any of its business activities, (ii) suspends its payments, (iii) enters into liquidation or initiates reorganization, (iv) initiates negotiations with creditors on composition or (v) for any other reason may reasonably be deemed deemed as insolvent.
8.2. Termination and rescission under this section shall not under any circumstances give rise to any obligation for NBTC to pay compensation to the Purchaser, and does not restrict NBTC possibility to claim damages or other economic compensation due to the event which justified NBTC to terminate the order or the Agreement.
- Intellectual Property
NBTC disclaims any and all written or verbal, explicit or implied warranties on intellectual property infringements with respect to the use of the Products. All logotypes, trademarks or product names set out on the Products and any design of the Products constitutes NBTC protected intellectual property property. Use, reproduction or representation (in whole or in part) of these logotypes, trademarks, product names or the Products themselves regardless of in what form it occurs, is prohibited unless such use is approved in writing in advance by NBTC The Purchaser undertakes not to remove or alter NBTC labeling of the Products.
- Force Majeure
NBTC is exempted from fulfilling its obligations under this Agreement and is entitled to cancel the Purchaser confirmed orders without any liability, in the event of force majeure such as strikes, floods and fires, wars, riots, interruptions in transport, shortage of material or energy sources affecting NBTC or its sub-suppliers, accidents or other occurrences which affects sub-suppliers production, bankruptcy or compulsory liquidation of a sub-supplier, accidents of any kind, governmental decisions which affects manufacturing or use of the Products and, in general, such events that were unforeseen at the time of the order which prevents or hinders manufacturing, transportation or delivery of the Products to the Purchaser.
- Personal Data
Personal data provided to NBTC within the framework of an order for Products will be recorded and processed by NBTC and may also be transferred to the third party providers (such as hosting providers or payment processing providers) inside or outside the European Union for the execution of the order for Products. The Purchaser hereby consent to such processing of personal data. NBTC processes personal data in accordance with the Dutch Personal Data Protection for the purpose of prepare and administer orders and to fulfill NBTC obligations under the Agreement. NBTC may also use your personal data for the purpose of developing and managing its services. NBTC is the personal data controller for the personal data that NBTC process. NBTC shall take appropriate technical and organizational measures to protect the Purchasers personal data. Personal data will not be transferred to other parties who have no matter on the purchase. The Purchaser may at any time contact NBTC to receive more information about NBTC processing of your personal data and to correct any inaccurate personal information.
- Amendments, Assignments etc.
12.1. Any written or oral undertakings and commitments made prior to the Agreement are replaced by the content in these general terms and conditions of sale. The Purchaser may not assign or pledge its rights and/or obligations under this Agreement, in whole or in part , without the prior written consent of NBTC
12.2. NBTC may amend this Agreement in whole or in part. The amended Agreement will apply to all orders submitted subsequent to publishing.
- Applicable law and dispute resolution
This Agreement shall be interpreted and applied in accordance with dutch law, without regard to any conflict of law. Any disputes are to be settled by The Court of Arbitration of the Dutch Chamber of Commerce and Industry and it shall be the first instance.
The Purchaser undertakes not to reveal information which the Purchaser receives from NBTC and which are NBTC trade secrets or otherwise of such nature that it may be considered as confidential information to any third party. This undertaking shall apply during the term of the agreement and Thereafter. The Purchaser further undertakes necessary measures to prevent confidential information from being disclosed to third parties by the Purchaser employees or contractors.