Terms & Conditions
1General Principles; Scope of Application; Product Description
1.1The following General Terms and Conditions ("T&C") apply to any contract concluded concerning the purchase and future acquisition of Minebox NAS (network attached storage; "Product"). The provider offering the Product is Minebox IT Services GmbH, Hoebersbachstrasse, 3003 Gablitz, Austria ("Minebox"; "We").
1.2Before a contract is concluded, the customer ("Customer"; "You") is given the possibility to properly review these T&C and has to accept them explicitly by clicking “I accept the Terms & Conditions from minbox.io/agb”. Exclusively these T&C are applicable to the sale of the Product. Minebox does not recognize any other T&C, even if they are not expressly rejected. Customers who have already placed an order may review these T&C again by visiting minbox.io/agb.
1.3With regard to consumers – in contrast to entrepreneurs – different legal regulations may apply. As far as Minebox intends to make a distinction, differences are highlighted. The term consumer is to be interpreted according to the Austrian Consumer Protection Act ("Konsumentenschutzgesetz").
1.4The Product is a hardware data storage box connecting to a peer-to-peer cloud storage network powered and secured by a blockchain. Blockchain within this technical understanding means a decentralized and continually updated list of blocks being linked together by specific methods of cryptography. Due to the versatility of blockchain technology, the Product is not storing files in a public cloud, but working as personal cloud dedicated to the respective Customer. Furthermore, unused space is automatically rented out to other users to earn You cryptocurrency units (Bitcoin or Siacoin). With the unique private key generated by the user, data may even be recovered if the device, for example, is lost or crashes. The Product lets You access Your data from anywhere and provides for military-grade encryption before the initial upload. Moreover, it offers numerous other useful functions. The hardware is produced by HP Inc., Pablo Alto, California, USA. Ultimately, the Product can be considered a more secure and reliable alternative to standard cloud solutions.
2Offer and Contract Conclusion; Risk Assumption
2.1The Product is currently in development. Pre-sale starts on 3rd March 2017. Delivery of the final Product will assumably start in a few months, but at latest within 6 Months after You have placed your order. You may review the Product description on the Website where the date We expect the Product to be finalized is set out. We also provide updates on the possible delivery date on Our website: https://minebox.io/.
2.2To place an order, the Customer has to provide all information requested, accept these T&C and click the button labelled “I accept the Terms & Conditions from minbox.io/agb”. Data are transmitted in encrypted form.
2.3The risk of accidental loss or deterioration of the Product passes upon handover to the consumer, unless he has concluded a contract of carriage on his own without using an option proposed by Minebox – which would entail such risk passing upon handover to the carrier. With regard to entrepreneurs, such risk passes upon handover to the carrier as long as the chosen shipping method is customary (e.g. Austrian Post). If the customer falls into default of acceptance, he shall be solely liable for accidental damage.
3Terms of Payment
3.1After placing an order on Our Website, You will be directed to payment execution. Please be aware that You will have to pay the full price although the Product will not be delivered immediately as set out in § 2.1. The Product price indicated on the Website is to be understood without shipping costs. However, We will provide You with an order summary displaying the final amount before finalization and a link where you can pay for the additional costs.
3.2To Our Customers, We offer the following payment options: Credit Card, Bitcoin, and other cryptocurrencies using Shapeshift. Product prices may be changed from time to time.
3.3After providing Us with Your data and payment details You will receive an automatically generated email notification. Orders will be processed in the order of receipt of payment. The final confirmation as well as the invoice is to be issued along with the Product.
4Right of Withdrawal
4.1According to the Austrian Act on Distance and Off-Premises Contracts ("Fern- und Auswärtsgeschäftegesetz"), consumers may – without giving reasons – withdraw from the contract within 14 days from the day on which the consumer or an authorised third party – not being the carrier – takes possession of the Product. If You decide to withdraw from the contract, please contact Us in writing (e.g. email) using the details set out in § 7 or the enclosed withdrawal form. It is sufficient to send off Your written declaration in time (within 14 days).
4.2After such withdrawal, We will refund all payments apart from the delivery costs within 14 days from the day on which We receive Your declaration. We will use the same payment method as it has been for the original transaction without charging any fees. Before We receive the Product respectively You can proof to have it dispatched (which is due within 14 days from sending off Your declaration), We may reject to pay a refund. You have to bear all immediate costs for returning the Product. For a deterioration of the Product You shall only be liable if this is due to handling it inappropriately to test condition, features and functionality. If possible, please return the Product in its original packaging; otherwise We would welcome to have it protected appropriately to avoid any damage.
5.1Statutory warranty rights of the Customer are determined by the respective legal provisions. Beyond that extent, Minebox cannot give any guarantees. The Product description provides information on the price, physical specifications as well as a high-level overview of the capabilities of the Product; this is to be seen as information about the quality, but not as warranted guarantee.
5.2These T&C shall in no means limit any liability for fraud or fraudulent misrepresentation as well as intentional or grossly negligent infliction of damage by Minebox. For any damage due to minor negligence, liability of Minebox shall – apart from cases of personal injury – be excluded. Claims falling under the Austrian Product Liability Act ("Produkthaftungsgesetz") are not affected.
5.3Minebox is striving to keep the Website operational allowing You to place orders at any time and is hence implementing state of the art security mechanisms. Nevertheless, a trouble-free operation cannot be guaranteed. Minebox further reserves the right to shut down the Website temporarily for maintenance purposes.
6Further Contract Terms
6.1Reselling the Product without explicit permission is strictly prohibited. If You are interested in becoming a reseller/affiliate, please submit Your written declaration to firstname.lastname@example.org.
6.2In the event that any provision or any part of any provision set forth in these T&C shall be void or unenforceable for any reason whatsoever, then such provision shall be stricken and of no force and effect. However, unless such stricken provision goes to the essence of the consideration negotiated by the contracting parties, the remaining provisions of these T&C shall continue in full force and effect, and to the extent required, shall be modified to preserve their validity.
6.3Minebox may amend these T&C if necessary. Finalized orders are not affected. Orders are always subject to those T&C applicable and agreed at the time they are placed.
6.4These T&C are exclusively governed by and construed in accordance with Austrian law.