Terms and Conditions

 

 

WISEMINING IS A TRADEMARK OWNED BY WISELEMENT.SAS.

WisElement offers for sale products (hereinafter referred to as "Products") available on its website accessible at www.wisemining.io (hereinafter referred to as the "Site"). These terms and conditions are intended for customers purchasing as end-users. If you want to purchase Products for resale, please contact us at sales@wisemining.io to determine what terms and conditions should apply.

 

WISELEMENT – ECOMMERCE TERMS AND CONDITIONS

These Terms and Conditions (TC’s) define the rights and obligations of the parties in connection with the sale of the Products on this Site, and only on this Site, for purchases made via Visa, Mastercard, American Express, Bitpay and Paypal.

 

ARTICLE 1 - INTRODUCTION – IDENTITY OF THE SELLER

WISELEMENT.SAS, société par actions simplifiée whose capital is 20 758 euros, The company address is 32 rue de la prévoyance, 94300 Vincennes Company registered in RCS de Créteil under company number 818671588 VAT number FR 93818671588.

ARTICLE 2 - ORDERS

The sale of products and services via the site wisemining.io can be done only for customers from countries of the European Union, United States, Canada, UK, Switzerland. To order Products on this Site, you must be at least eighteen (18) years old and have the legal capacity to contract. It is your responsibility to determine and select the Products suited to your needs and then follow the ordering process on the Site. Before ordering, it is your responsibility to ensure compatibility of the Products with those that you use. Once you selected your product and chose checkout, please complete your purchases by following the instructions provided at each step on the Site and then check the accuracy of the order summary presented to you before clicking on the order button. A confirmation message will then be sent to you. When the Product(s) ship, you will receive a shipment confirmation together with the invoice. Please note that WisElement may apply quantity limitations on orders made on this Site in its sole discretion.

ARTICLE 3 - PRE-ORDER

Some products may be offered for pre-order on the Site according to their official release date. This pre-order is made with the indication of a release date that we announce at the time of the opening of the pre-order phase. As we are solely responsible for the marketing of our products, we reserve the right to modify this release date at any time. Before validating your pre-order, you will be able to see the estimated delivery time, this information being displayed when you choose your payment method. In the case of a pre-order, the sums paid in advance by the Customer do not constitute “des arrhes”, within the meaning of Article 1590 of the French Civil Code. Meaning both parties have an obligation to conclude the sale. Some items may be limited in quantity when pre-ordered. We reserve the right to cancel and reimburse orders in case of non-compliance.

ARTICLE 4 - PRICE AND PROMOTIONS

WisElement reserves the right to modify at any time the price of any of the Products, being understood that the price actually charged will be that of the one in effect at the time of the order. Please note that the price displayed on the landing page of the Site is an estimation based on your IP address. The price to be paid is inclusive of VAT, sales tax, goods and services tax or other consumption taxes. If your IP address does not correspond to your delivery address, or if you reside in a region of the European Union where VAT rules do not apply (see: https://ec.europa.eu/taxation_customs/business/vat/eu-vat-rules-topic/territorial-status-eu-countries-certain-territories_en), the price invoiced may differ from the price displayed on the landing page. The final price, which will be invoiced, will be displayed during checkout, depending on delivery location and currency selected. The displayed prices of the Products are exclusive of shipping costs, unless specifically specified on the Site. Shipping costs include the processing costs of the order and the delivery. They may vary according to the size, the weight of the package, the choice of the carrier and the delivery address and are individualized when placing the order. Finally, for deliveries outside the European Union, please note that some countries or states may apply customs duties, improve ort taxes or other taxes, the payment of which is your exclusive responsibility. Therefore, when placing an order, it is your responsibility to ensure with the local authorities that you comply with any prior formalities and / or payment of duties and taxes of any kind related to the import of the products. From time to time WisElement may offer discounts, bundles or other promotions (hereinafter “Promotions”) on the Site. Unless specifically stipulated otherwise, such Promotions are not cumulative and only end user customers are eligible. Promotions and Promotion Codes may be applicable on certain product lines only.

ARTICLE 5 – TITLE RETENTION - PAYMENT

The prices that will be invoiced for the Products are those displayed on the checkout page of the Site when placing the order. The prices expressed in crypto currencies are those provided by our exchange rate provider at the time of the order. Payment must be made at the time of order. The full amount will be charged at the time of order. Title to the Products will generally transfer to customer upon shipment. If the payment of a due amount is not received or in case of irregular payment, WisElement reserves the right, after registering your order, to suspend or cancel the order and / or delivery.

ARTICLE 6 - DELIVERY

The Products are delivered to the address of delivery that you specified when placing your order. Risk of loss and damage to the Products will transfer to you upon delivery. Upon receipt of your order, it is your responsibility to check the condition of the Product, its package, its packaging and contents, upon delivery or collection. If you notice any defects, you must follow the procedure provided by the transport service company in such case and inform WisElement of these defects by specifying the order number no later than eight days after delivery. Delivery times are indicated when placing the order. These delivery times are indicative and may vary depending on the transport service companies. WisElement can not be held liable for any delays caused by the transport service company. In case of delay due to the hazards of production, the customer will be notified on the expected date of delivery and can choose to wait or cancel the order and claim the exchange or refund.

ARTICLE 7 – RIGHT OF WITHDRAWAL

For the purposes of this article, Client means a consumer as defined by the introductory article of the French Consumer Code, that is to say any natural person acting for purposes which are outside the scope of its commercial, industrial, artisanal, liberal or agricultural activity. In accordance with the provisions of Article L. 221-18 of the French Consumer Code, you have the right to withdraw from the contract within a period of fourteen (14) days without reason and without bearing any costs, except for the costs of returning the Product, if necessary. The aforementioned period runs from the day of receipt of the Product by you or by a third party, other than the carrier, designated by you. When the fourteen (14) day period expires on a Saturday, a Sunday or a holiday, it is extended until the following day. You can notify us of your withdrawal decision by filling out the online return form on our website. In this case, WisElement will immediately send an acknowledgment of receipt of the withdrawal decision by email. In order for the withdrawal period to be respected, the Client must send his notice of withdrawal before the expiry of the aforementioned fourteen (14) day period. You must return the Product to WisElement no later than fourteen (14) days after notification of your decision to withdraw. The costs of return of the Product are at your own expense. You must return the Product in perfect condition in its original packaging. We will reimburse you for all amounts received, including delivery charges, within fourteen (14) days from the date we were notified of your withdrawal decision, but we may defer the refund until we have received the Product. You will be reimbursed using the same payment method you used for the initial transaction, unless you agree otherwise. For payments in cryptocurrencies, you will be reimbursed in cryptocurrency but for the Euro equivalent of the original purchase. In case of returning a product part of the bundle, you will have to return the whole bundle with its original packaging to have a full refund. For any claims about the Products, please use the contact form available on our Site.

ARTICLE 8 - WARRANTIES

Except as expressly provided in these TC’s, WisElement, as a manufacturer, makes no specific commitment regarding the Products. For instance, we make no commitment regarding the specific features available through the Products, their reliability, availability or suitability to your needs. We provide our products "as is". However, customers having the status of consumer in their own country may benefit from local legal warranty rights. For instance, clients located in France and having the status of consumer (that is to say any natural person acting for purposes which are outside the scope of its commercial, industrial, artisanal, liberal or agricultural activity) can benefit from the seller's legal warranty against non-conformity in accordance with articles L.217-4 et seq. of the French Consumer Code and the legal warranty of the seller against hidden defects in accordance with articles 1641 et seq. of the French Civil Code. Concerning the legal guarantee of conformity, the consumer must act within a period of two years from the delivery of the Product. He may choose between repairing or replacing the Product subject to the cost conditions provided for in article L.217-9 of the French Consumer Code. He is exempted from proving the non-conformity of the Product at the time of delivery within the twenty-four (24) months that follows the delivery of the Product. This guarantee applies regardless of any other commercial warranty. The Client may also decide to implement the guarantee against the hidden defects of the Product as provided for in Article 1641 of the French Civil Code and he can choose between the cancellation of the sale and a reduction of the sale price in accordance with Article 1644 of the French Civil Code. A good is considered to be non-compliant either when it is not appropriate for the use normally expected of a similar good and does not correspond to the description given by the seller and does not possess the qualities the latter has presented to the purchaser from a sample or a model or does not have the qualities which a consumer can legitimately expect in view of the public declarations made by the seller, the manufacturer or his representative, through advertising or labelling, or where it does not have the characteristics defined by mutual agreement by the parties or is not specific to the special use sought by the consumer and brought to the attention of the seller, and accepted by the latter. The guarantee of conformity is excluded if the consumer became aware of the defect at the time of contracting or when he could not ignore this defect at the time of contracting or when WisElement proves that the lack of conformity did not exist at the time of delivery of the product. A hidden defect means a non-apparent defect of the Product, making it unsuitable for its intended use or which so diminishes that use that the Customer would not have acquired it or would have given it a lower price, if he had known it. The action resulting from hidden defects must be brought within two years after the discovery of defect.

ARTICLE 9 – WISELEMENT’S LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, WisElement DISCLAIMS ANY AND ALL LIABILITY FOR LOSS OF PROFITS, INCOME, VALUE OR DATA, OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES. YOU ARE SOLELY RESPONSIBLE FOR THE COMPLIANCE WITH THE TERMS OF USE AND THE INSTRUCTIONS PROVIDED IN THE USER MANUALS. TO THE FULLEST EXTENT PERMITTED BY LAW, WISELEMENT’S TOTAL LIABILITY FOR ANY CLAIM ARISING FROM THESE TC’s, INCLUDING ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID TO PURCHASE THE PRODUCT. IN NO EVENT WILL WISELEMENT BE LIABLE FOR ANY LOSS OR DAMAGE WHICH HAS NOT BEEN REASONABLY FORESEEABLE. YOU EXPRESSLY RELIEVE WISELEMENT, ITS AFFILIATES, AGENTS AND EMPLOYEES FROM ANY AND ALL LIABILITY AND GUARANTEE THEM AGAINST ANY CLAIM, PROCEEDINGS OR LEGAL ACTION ARISING FROM OR RELATED TO THE USE OF THE PRODUCTS OR FOLLOWING A BREACH OF THESE TC’s, INCLUDING ANY LIABILITY AND FINANCIAL CHARGE RESULTING FROM CLAIMS, LOSSES OR DAMAGES, PROCEEDINGS AND JUDGMENTS, AND LEGAL AND ATTORNEY’S FEES. SOME COUNTRIES DO NOT ALLOW THE ABOVE-MENTIONED EXCLUSIONS OF LIABILITY IF YOU ARE A CONSUMER. YOU HAVE TO BE AWARE OF THE LAW IN YOUR COUNTRY AND YOU ARE THE ONLY ONE LIABLE FOR THE COMPLIANCE OF YOUR ORDER WITH THE LAW. IF YOU DON’T FULFILL THE LEGAL CONDITIONS REGARDING THE LAW OF YOUR COUNTRY, WISELEMENT CANNOT BE LIABLE OR SUED FOR THE LACK OF COMPLIANCE DUE TO YOUR NEGLIGENCE.

ART 10 – INTELLECTUAL PROPERTY

WisElement grants you a free, worldwide license to use the software associated with the Products. This license is intended to allow you to use the Products and benefit from the associated features. You may copy, modify, distribute, sell or rent all or part of the software included in the Products. Similarly, you may decompile and/or decompose, attempt to extract the source code of such software (available on our Site). Please note that the right to redistribute a modification of the software is only guaranteed if the user provides the source code of the modified version. In addition, the distributed copies, including the modifications, must also be under the terms of GPLv3. Some components of the Products are licensed under the CERN-OHL-W v2 (open hardware) license, the list of the components concerned are on our Site. For all components that are not listed, you may not remove the labels or trademarks under which they are sold by WisElement, nor add any brand name or indication, nor repackage them. You may not modify the contents of the Inbox (except as required by local law or regulation, and only after discussion with WisElement), or make any statement regarding the components that are not covered by the CERN-OHL-W v1 license that is not in accordance with WisElement documentation. You must not reproduce or allow a third party to reproduce any part of the components that are not on the list of "open hardware" components, and you must not communicate to third parties any information allowing the reproduction of any part of these components.

ARTICLE 11 – PERSONAL DATA

In the course of its activities, WisElement may have to process and collect personal data (the "Data"). As a data controller, WisElement processes the Data under the terms set out in the French Law no. 78-17 of 6 January 1978, known as "Informatique et Libertés", amended and the General Data Protection Regulation (the Regulation (EU) 2016/679). Information regarding the way in which WisElement use the Data and how cookies are used on the Website can be found in our Privacy Policy and our Cookies statement on our Site.

ARTICLE 12 - COMPLIANCE WITH LAWS

By placing an order on the Site, you acknowledge and agree to not import, sell, or otherwise transfer Products in violation of any applicable laws and you represent that the delivery of Products to you will not violate any laws or regulations in the country of delivery. In some countries, you might need to be registered as “import entities” and/or obtain a specific importation license to import products with cryptographic technologies. Make sure you respect these conditions before placing your order. You also undertake not to export any product purchased from on the Site to another country or region if prohibited by export control laws or if you are lacking appropriate licenses or other governmental approval. If you do not fulfill the above conditions, you might expose yourself to legal proceedings from local authorities. Finally, you undertake not to purchase devices on the Site for military purpose.

ARTICLE 13 – APPLICABLE LAW – MEDIATION – COMPETENT JURISDICTION

These TC’s are subject to French law. In the event of a complaint or a question relating to an order of Products on the Site, please contact WisElement via the contact form available on our Websitemaking sure to specify your contact information and to provide any information to WisElement to allow it to assess the origin and implications of the dispute. ANY DISPUTE RELATING TO THE APPLICATION OR INTERPRETATION OF THIS TC’s WHICH CAN NOT BE SOLVED AMICABLY WILL BE BROUGHT BEFORE THE FRENCH COURT WITH MATERIAL AND TERRITORIAL JURISDICTION, IN ACCORDANCE WITH THE LEGAL AND REGULATORY PROVISIONS IN FORCE, UNLESS YOU HAVE THE QUALITY OF MERCHANT. IN THE LATTER CASE, THE PARTIES AGREE TO SUBMIT THEIR DISPUTE TO THE EXCLUSIVE JURISDICTION OF THE COMMERCIAL COURT OF PARIS. The consumer, that is to say, any natural person acting for purposes which are outside the scope of its commercial, industrial, artisanal, liberal or agricultural activity, nevertheless has the possibility of using a Free Dispute Resolution Procedure, within one year following a written complaint to WisElement in order to find an amicable resolution to the dispute. He has the possibility of filing an online complaint on the European online dispute resolution platform ("RLL platform"), accessible at http://ec.europa.eu/consumers/odr by filling in an electronic form. The RLL platform will notify WisElement of the filing of the claim. The Client and WisElement will agree on the dispute resolution body to resolve their dispute. For more information about the mediation process: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=FR

ARTICLE 14 - MISCELLANEOUS

Except where otherwise provided: In the event of any conflict between these TC’s and any other document referred to herein, these TC’s shall prevail. In the event that any provision of these Terms is declared void or inapplicable, it shall be deemed to be replaced by a valid provision reflecting as closely as possible the objective pursued by the original provision. The other provisions shall not be affected and shall remain in full force and effect. These TC’s constitute the entire agreement between the Client and WisElmenet with respect to the purchases made on this Site via Visa, Mastercard, American Express, Bitpay and Paypal and supersede any prior agreement, if any. The fact that WisElement does not exercise its rights arising from these TC’s does not in any case constitute a waiver or loss of these rights.