General conditions of sale online

Article 1: Definitions

MyBitcoin AG (mybitcoin.ag), with its registered office in Freidorf, UID: CHE-488.780.474 , is called Seller in these General Terms and Conditions.
The counterparty of the seller is referred to as the buyer in these general terms and conditions.
Parties are Seller and Buyer together.
The contract is the contract of sale between the parties.

Article 2: Applicability of the general terms and conditions

These terms and conditions apply to all quotations, offers, agreements and deliveries of services or goods by or on behalf of the seller.
Deviations from these conditions are only possible if expressly agreed in writing by the parties.

Article 3: Payment

The full purchase price is always paid before delivery. For reservations and pre-orders, the full purchase price is expected in all cases.
If the buyer does not pay on time, he will be in default. If the Buyer remains in default, the Seller is entitled to suspend its obligations until the Buyer has fulfilled its payment obligation.
If the Buyer remains in default, the Seller shall proceed to collection. The costs relating to the collection shall be for the account of the Buyer. These collection costs will be calculated on the basis of the decision on compensation for extrajudicial collection costs, shipping costs, import duties and administrative costs.
In the event of liquidation, bankruptcy, attachment or suspension of payments of Buyer, Seller’s claims against Buyer shall be immediately due and payable.
If the Buyer refuses to cooperate in the execution of the order by the Seller, the Buyer shall nevertheless be obliged to pay the agreed price to the Seller.

Article 4: Offers, quotations and price

All amounts on mybitcoin.ag are shown exclusive of VAT for both business and private customers. When billing, the full price including VAT is always shown for totals. Any transport costs incurred will be charged separately.
Offers are subject to change unless an acceptance period is stated in the offer. If the offer is not accepted within this period, the offer expires.
Delivery times in offers are indicative and do not entitle the buyer to dissolution or compensation if they are exceeded, unless the parties have expressly agreed otherwise in writing.
Quotations and offers do not automatically apply to repeat orders. The parties must expressly agree to this in writing.
The price stated on offers, quotations and invoices shall consist of the purchase price exclusive of VAT due and any other government levies.

Article 5: Changes to the contract

If during the execution of the contract it turns out that it is necessary for the proper execution of the contract to change or supplement the work to be performed, the parties shall adjust the agreement in due time and by mutual agreement.
If the Parties agree that the Agreement shall be amended or supplemented, this may affect the time of completion of the execution. The Seller shall inform the Buyer about it as soon as possible.
If the changes or amendments have financial and/or qualitative consequences for the Agreement, the Seller shall inform the Buyer thereof in writing in advance.
If the Parties have agreed on a fixed price, the Seller shall indicate to what extent the change or addition to the Agreement will result in exceeding this price.
Contrary to the provisions of the third paragraph of this Article, the Seller may not charge additional costs if the change or addition is due to circumstances for which the Seller is responsible.

Article 6: Delivery and transfer of risk

As soon as the Seller has confirmed the order and dispatched it with a tracking number, the risk shall pass from the Seller to the Buyer.

Article 7: Inspection, complaints

The Buyer is obliged to inspect the delivered goods at the time of (delivery), but in any case as soon as possible. In doing so, the Buyer should check whether the quality and quantity of the delivered goods are in accordance with the agreements of the parties, whereby at least the quality and quantity meet the requirements that apply to normal (commercial) traffic.
Complaints regarding damage, defect or loss of the delivered goods must be submitted in writing to the Seller within 10 working days from the day of delivery of the goods.
Minor and/or customary deviations as well as differences in quality, quantity, size or design cannot be claimed against the Seller.
Complaints relating to a particular product shall not affect any other product or part forming part of the same agreement.
No complaints will be accepted after the goods have been processed by the Buyer.

Article 8: Delivery

Delivery is ‘ex factory/store/shop’. This implies that all costs are for the account of the buyer.
The buyer is obliged to accept the goods at the moment the seller delivers them or has them delivered to him, or at the moment the goods are made available to him in accordance with the contract.
If the Buyer refuses to accept the goods or is negligent with the information or instructions required for delivery, the Seller is entitled to store the goods at the Buyer’s expense and risk.
Upon delivery of the goods, the Seller is entitled to charge the possible shipping costs.
If the Seller requires information from the Buyer in order to execute the Contract, the delivery period shall commence after the Buyer has provided the Seller with such information.
A delivery date given by the seller is only an indication. This is never a fatal deadline. If the deadline is exceeded, the buyer must give the seller written notice of default.

Article 9: Force majeure

If the Seller is unable to perform its obligations under the Agreement or to perform them in a timely manner due to force majeure, the Seller shall not be liable for any damage suffered by the Buyer.
The parties understand force majeure in any case to mean any circumstance which the Seller could not have anticipated at the time of the conclusion of the Agreement and as a result of which the normal performance of the Agreement cannot reasonably be required of the Buyer, such as illness, war or threat of war, civil war and riot, harassment, sabotage, terrorism, power failure, floods, earthquakes, fire, occupation, strikes, labor exclusion, changed government measures, transportation problems and other disruptions in the Seller’s business.
Furthermore, the parties understand force majeure to mean the circumstance that subcontractors on which Seller depends for the performance of the contract fail to perform their contractual obligations to Seller, unless Seller is responsible for such failure.
If a situation as described above arises due to which the Seller cannot fulfill its obligations to the Buyer, these obligations shall be suspended as long as the Seller cannot fulfill its obligations. If the situation referred to in the previous sentence has lasted for 30 calendar days, the parties have the right to dissolve the contract in whole or in part in writing.
If the force majeure lasts longer than three months, the Buyer has the right to dissolve the contract with immediate effect. The dissolution can only be made by registered mail.

Article 10: Retention of title and right of retention

The goods and delivered goods and parts located at the seller’s premises remain the property of the seller until the buyer has paid the agreed price in full. Until that time, the Seller may assert its retention of title and take back the goods.
If the agreed advance amounts are not paid or not paid on time, the seller has the right to stop work until the agreed part is paid. Then is language of a creditor default. Late delivery in this case can not be claimed against the seller.
The seller is not entitled to pledge or otherwise encumber the goods under his reservation of title.
If the goods have not yet been delivered, but the agreed down payment or price has not been paid in accordance with the contract, the Seller shall have a right of retention. The goods will then not be delivered until the buyer has made the payment in full and in accordance with the contract.
In the event of liquidation, insolvency or suspension of payments of the Buyer, the Buyer’s obligations shall become due immediately.

Article 11: Liability

mybitcoin.ag assumes no liability for the content of the website, price changes, results and changes. mybitcoin.ag may change information or prices on the website at any time without further notice. In addition, we are not liable and do not guarantee the uninterrupted and error-free operation of the website and the consequences of e-mails that may not be received, damaged, incorrect or not sent on time in relation to any service of mybitcoin.ag. mybitcoin.ag is also not liable for any damages or defects that may arise from your visit to and use of the website. MyBitcoin’s liability is limited to the manufacturer’s warranty provided by the manufacturer. The price of our products or services may be tied to fluctuations in the financial market over which mybitcoin.ag has no control and which may occur within the withdrawal period. Therefore, mybitcoin.ag is excluded from the right of withdrawal.
mybitcoin.ag is not liable for delivery bottlenecks or non-deliveries of your suppliers.

Article 12: Obligation to complain

If you submit a complaint to us, it should be answered within 14 days at the latest. If we need more time, we will let you know within 14 days when you can expect an answer. Please note: The above only applies to complaints regarding products and/or services provided by us. Different rules apply to complaints regarding our processing of your personal data. For more information about this, please see the Privacy Policy on our website or contact us.
The Buyer is obliged to report complaints about the performed work directly to the Seller. The complaint shall contain as detailed a description of the defect as possible so that the Seller can respond appropriately.

Article 13: Disputes

Contracts to which these General Terms and Conditions apply shall be governed exclusively by Swiss law. All disputes relating to the above agreements shall be submitted to the competent court.

Article 14: Guarantees

If warranties are included in the agreement, the following shall apply. The Seller warrants that the goods sold will conform to the Agreement, that they will function without defect and that they will be fit for the Buyer’s intended use. The warranty is limited to the manufacturer’s warranty of mybitcoin.ag’s suppliers.
The said warranty does not apply if the defect is due to inappropriate or improper use, or if the buyer or third parties – without permission – have made or attempted to make changes, or have used the purchased goods for purposes for which they are not intended.
If the warranty given by the seller refers to goods manufactured by a third party, the warranty is limited to the warranty given by this manufacturer.
The mentioned warranty does not apply to hardware which is declared as used. These devices do not have any warranty.

Article 15: Applicable law

This contract between the seller and the buyer is governed exclusively by Swiss law. The Swiss court is competent.
The applicability of the Vienna Sales Convention is excluded.
If one or more of the provisions of these general terms and conditions are deemed unreasonable in a court proceeding, the remaining provisions shall remain in full force and effect.
Article 16: Choice of Court
Swiss law applies, the place of jurisdiction is CH-9325 Roggwil (TG).

Article 17: Additional or deviating provisions

Additional provisions or deviations from these General Terms and Conditions may not be to the detriment of the customer and must be recorded in writing or in such a way that they can be kept accessible by the consumer on a durable medium.

Article 18: Amendments to the General Terms and Conditions

Amendments to these General Terms and Conditions shall become effective only after they have been published in an appropriate manner, provided that in the event of any amendments during the term of an offer, the provision most favorable to the customer shall prevail.
For any questions or comments regarding these General Terms and Conditions, please feel free to contact us.