1.1 Deliveries and services as well as other legal acts in all business transactions of Simply Mine GmbH – hereinafter referred to as Simply Mine- shall be provided exclusively on the basis of the following General Terms and Conditions in the currently valid version and shall be deemed to be an integral part of the contract, unless otherwise agreed in writing in an individual agreement between Simply Mine and the Customer.
1.2 They shall also apply if they are no longer mentioned in subsequent contracts or services.
1.3 Changes and additions to a contract must be made in writing.
1.4 Quotations from Simply Mine are subject to change and are non-binding and are subject to self-delivery by suppliers.
1.5 Simply Mine is entitled to withdraw from contracts if facts arise which show that the other contracting party is not creditworthy.
1.6 Simply Mine is obliged to orientate itself to the currently valid legal situation, which is why Simply Mine regards every customer who acquires ASIC mining hardware as an entrepreneur.
1.7 Used items are movable items, namely special computers, which have already been operated by another owner for the generation of cryptocurrencies prior to the sale.
1.8 Pre-ordered special computers are computers that are already ordered before the device has been produced by the manufacturer and whose market launch has been announced by the manufacturer for a later date in the future to be determined more precisely.
1.9 Working days are all weekdays with the exception of Saturdays, Sundays and public holidays at Simply Mine`s headquarters in Switzerland.
1.10. By clicking on the “place order” button, you make a binding offer to purchase the goods in the shopping cart. Confirmation of receipt of the order shall be sent electronically immediately after the order has been sent. A binding contract is only concluded when the order confirmation or invoice is sent, at the latest when the ordered goods are delivered
2 Delivery and performance
2.1 Drawings, illustrations, dimensions, weights or other performance data shall only be binding if expressly agreed in writing. Simply Mine reserves the right to make technical and design deviations from information in brochures, catalogs and written documents, as well as model, design and material changes in the course of technical progress and further development, without this giving rise to any rights against Simply Mine.
2.2 Simply Mine expressly reserves the right to make partial deliveries/perform partial services.
2.3 Agreed delivery dates shall be deemed to have been met if the contractual Product has been handed over to the carrier on the agreed delivery date. If delays the dispatch of goods ready for dispatch is delayed for reasons for which Simply Mine is not responsible, the contractual products may be stored at the expense and risk of the Customer.
2.4 The delivery or performance date or period – hereinafter all referred to in a simplified manner as the “delivery date” – shall not be agreed on the basis of the anticipated performance capacity of Simply Mine, its suppliers and manufacturers, and shall be understood to be non-binding and subject to timely self-supply and unforeseen circumstances and obstacles, irrespective of whether these occur at Simply Mine or at the manufacturer, in particular force majeure, government measures, non-granting of official permits, industrial disputes of any kind, sabotage, shortage of raw materials, delayed material deliveries through no fault of Simply Mine. Such events extend the delivery date accordingly, even if they occur during a delay that has already occurred. In this case, any grace period set by the customer shall also be extended by the duration of the unforeseen event. If such events lead to a delay in performance of more than six months, the principal may – irrespective of other rights of withdrawal – withdraw from the contract.
2.5 The Customer may request Simply Mine in writing to deliver or perform twelve weeks after a non-binding delivery date has been exceeded. Upon receipt of the request, Simply Mine shall be in default Simply Mine excludes any damage caused by delay or compensation for damages on the part of the Customer. In the event of a binding delivery date being exceeded, a demand by the Customer shall be required to put Simply Mine in default. The above provisions shall apply to the rights of the Customer.
2.6 Simply Mine reserves the right to withdraw from the contract if the delay in delivery/service caused by one of the above-mentioned events lasts longer than twelve weeks and Simply Mine is not responsible for this.
2.7 The agreement on the postponement of delivery or service dates must be in writing.
2.8 In the event of a delay in acceptance by the Customer, Simply Mine shall have the right, in addition to the claim for payment, either to determine a new delivery or service date or to withdraw from the contract. In the event of non-acceptance by the Customer, Simply Mine may claim damages amounting to 25% of the invoice amount.
2.9 If the ordered goods are not available at the time of the Order by the Customer, Simply Mine reserves the right not to accept the order of the goods, so that no contract is concluded. Simply Mine shall inform the Customer of this immediately. Simply Mine shall not be liable for any resulting financial (consequential) damage or any claims for damages.
Payments already made shall be refunded to the Customer without delay.
For intentional or grossly negligent actions of your organization and its employees that lead to injury to life, body and health of the Customer, Simply Mine shall assume the resulting liability within the framework of the statutory regulations.
2.10. The delivery will be made to the address indicated in the order, unless expressly agreed otherwise.
2.11. The transport company shall be determined by Simply Mine, unless expressly agreed otherwise.
3.1 All personal data provided by you (company name, company name, title, name, address, e-mail address, telephone number, bank details) will be collected, processed, and stored by us exclusively in accordance with the provisions of German data protection law.
3.2 The responsible party in terms of data protection is:
Simply Mine GmbH
Dammstrasse 16
6300 Zug, Switzerland
Email: hello@www.simplymine.io
3.3 Your personal data, insofar as it is required for the establishment, content, or modification of the contractual relationship
Inventory data will be used exclusively for the processing of the sales contracts concluded between us, such as for the delivery of goods to the address provided by you. Any further use of your inventory data for purposes of advertising, market research or for the design of our offers requires your express consent. You have the option to give this consent before declaring your order. This declaration of consent is completely voluntary and can be accessed on our website and revoked by you at any time.
3.4 Your personal data, which are necessary to enable the use of our offers, billing and settlement are used exclusively for the processing of the sales contracts concluded between us. Such usage data are the characteristics for your identification as a user, information about the beginning and end as well as the scope of the respective use and information about the telemedia used by you as a user. In addition, we will use such usage data for purposes of advertising, market research or for the needs-based design of our telemedia to create usage profiles using pseudonyms. You are only entitled to object to the use of your usage data in the event of a legitimate interest by sending us the objection by e-mail to info@cryptosupply.de and giving specific reasons why you have a legitimate interest. Under no circumstances will usage profiles be merged with the corresponding data.
3.5 If you have registered for the newsletter, we will use the data you provided during registration for the purpose of sending you the newsletter. The registration for the newsletter is done by the “double-opt-in procedure”. This means that after registering for the newsletter, you will receive a confirmation email asking you to confirm your subscription to the newsletter by clicking on a link contained in the confirmation email. You will not receive the newsletter until you have declared the corresponding confirmation by clicking on the included link. As a result, a double confirmation that you want to receive the newsletter is required (double-opt-in procedure). If you no longer wish to receive the newsletter, you can unsubscribe from the newsletter at any time using various communication options (e.g., by clicking on an unsubscribe link contained in the respective newsletter, e-mail, fax, letter), without incurring any costs other than the transmission costs according to the prime rates. Your personal data collected in connection with the subscription to the newsletter will be deleted as soon as you unsubscribe from the newsletter.
3.6 We use cookies. A “cookie” is a small file that is transferred from our website to your computer when you browse our internet store. However, a cookie can only contain information that we ourselves send to your computer – private data cannot be read with it. If you accept the cookies on our pages, we do not have access to your personal information, but with the help of the cookies we can identify your computer. We use cookies for the following purposes: to recognize you on future visits to our Internet store, to display your desired preferences in the shopping cart (payment and delivery method, delivery country), so that you can use the personalization of our website, for example.
3.7 All cookies used because of the aforementioned measures do not contain any personal data and do not allow them to be assigned to you as a natural person in any way. Cookies only allow us to identify the computer you are using, and only for as long as the cookies are not deleted or delete themselves because of reaching their specified lifespan.
3.8 The use of cookies is solely to enable you to use parts of our website (e.g., the use of the shopping cart function), to improve your shopping experience (e.g. through anonymous or pseudonymous evaluation of the use of our websites and the general interest in the content) and to provide you or the computer you are using with suggestions as to which of our offers may be of interest. We use temporary or mostly “permanent” cookies for this purpose: they remain on your computer in order to simplify shopping, personalization, and registration services during your next visits. For example, cookies can record what you have selected to purchase while you continue shopping. In addition, you only must enter your password once on websites that require you to log in. “Permanent” cookies can be removed manually by the user, while temporary cookies delete themselves once they reach their lifetime. Most browsers accept cookies by default. You can allow or disallow temporary and persistent cookies independently in the security settings.
If you disable cookies, certain features on our sites may not be available to you and some web pages may not display properly.
3.9 If you require further information or wish to retrieve or revoke the consent you have expressly given for the use of your inventory data or object to the use of your usage data, please contact our support team at the e-mail address info@cryptosupply.de.
4 Inspection and transfer of risk
4.1 Upon delivery, the Customer shall inspect the goods for completeness and conformity according to the invoice immediately upon receipt. In the absence of a written complaint, received by Simply Mine within three calendar days of receipt, the goods shall be deemed to have been properly and completely delivered, unless there is a hidden defect. Returns of delivered goods without prior written consent of Simply Mine shall not be accepted even if the goods are defective. The costs of returning defective goods shall be borne by the Seller.
4.2 Insignificant defects that do not affect the functionality of the delivery item or service shall not entitle the Customer to refuse acceptance.
4.3 The risk shall pass to the Customer when the contractual product is handed over to the carrier, its agent or other persons named by Simply Mine. If shipment is delayed or becomes impossible through no fault of Simply Mine, the risk shall pass to the Customer upon notification of readiness for shipment.
5.1 The prices resulting from the respective price list, or the individual offer shall be understood as fixed prices ex Simply Mine’s warehouse. Value added tax and other statutory charges in the country of delivery, as well as packaging, transport costs, transport insurance, environmental and handling fees shall be charged separately.
5.2 Simply Mine reserves the right to increase the price if, after conclusion of the contract and before receipt of payment from the Customer, unexpected cost increases – due to price increases on the part of suppliers or exchange rate fluctuations – occur at Crytpo Supply. These shall be proven upon request.
5.3 Unless otherwise agreed in writing, all invoices shall be payable immediately upon receipt without deduction. Invoices shall be issued upon acceptance of the offer by Simply Mine.
5.4 The Customer shall only be entitled to offset claims of Simply Mine against counterclaims if these are undisputed or legally enforceable; a right of retention can only be asserted if it is based on claims from the contract from which Simply Mine is entitled to the claim.
5.5 If the Customer fails to comply with the above terms of payment, Simply Mine shall be entitled at any time to demand delivery/service concurrently either against cash payment, advance payment, or provision of security.
5.6 Payment for the goods can be made by credit card, bank transfer or by various cryptocurrencies via the payment service provider Coinpayments.net. The Contracting Party can select the payment methods you wish to use under the appropriate heading in the order process.
5.7 If, in the case of payment by cryptocurrencies, a refund is to be made by Simply Mine GmbH, we will refund the invoice amount to you by bank transfer to avoid any risk of fluctuation in the value of the invoice amount. Simply Mine will receive from its payment service provider the purchase price paid by the Customer from cryptocurrencies directly in USDT or EUR. Transaction fees on the part of the payment service provider shall be borne by the Customer.
5.8 The entered data will not be stored by Simply Mine, but may be stored by the respective selected payment provider. The respective data protection regulations of the payment service provider apply to this.
6.1 The contractual product shall remain the property of Simply Mine until all claims arising from the contract have been fulfilled, and in the event that the Customer is a legal entity under public law, a special fund under public law or an entrepreneur in the exercise of his commercial or independent professional activity, also beyond this from the current business relationship until the claims to which Simply Mine is entitled in connection with the contract have been settled. Simply Mine shall release the securities to which it is entitled to the extent that their total sales value exceeds the sum of all outstanding claims from the business relationship by more than 10% (or by more than 50% if there is a risk of liquidation).
6.2 In the event of the Customer’s default in payment, including from future deliveries/services of Simply Mine, or in the event of the Customer’s deterioration of assets, Crypo Supply shall be entitled to withdraw from the contract and, in the event of the assertion of claims for damages instead of performance, Simply Mine shall be entitled to enter the Customer’s business premises and take possession of the Reserved Goods. In the event of compensation after repossession, Simply Mine and the Customer agree that this shall be made at the usual market value of the subject matter of the contract at the time of repossession. The Customer shall bear all costs of taking back and realization; realization costs shall be agreed without proof at 5% of the ordinary market value, whereby an increase or reduction shall be possible upon proof by Crytpo Supply or the Customer.
6.3 The assertion of the reservation of title or the seizure of the delivery item by Crytpo Supply shall not be deemed to be a withdrawal from the contract, provided that the Customer is a merchant.
6.4 Items supplied for test and demonstration purposes shall remain the property of Simply Mine. They may only be used by the Customer
They may only be used by the Customer beyond the test and demonstration purpose on the basis of a separate written agreement with Simply Mine.
7 Warranty / Guarantee
7.1 In accordance with Swiss law, the parties agree and agree that instead of the warranty, a guarantee in the amount of 12 months for the purchase of new goods. In the case of computer equipment / servers already in use, the Client has no right to warranty or guarantee.
The date of warranty entitlement for the Client shall commence on the date of handover of the item(s) or on the date of handover to the shipping logistics provider for delivery to Simply Mine’s data center.
7.2 The parties are aware and agree that it is not possible, given the state of the art, to exclude defects in the Software and Hardware under all conditions of use. Furthermore, the parties shall comply with the following provisions:
7.2.1 Simply Mine cannot guarantee that the contractual products are described in product information in a generally accurate manner in the delivery of inventory goods or devices to be produced in the future on the part of the manufacturer. Simply Mine will ensure that the products are fit for use by inspecting incoming goods and will record this internally. A warranty of characteristics is only given if the respective specifications have been confirmed in writing by Simply Mine.
7.2.2 Simply Mine cannot guarantee that the program or equipment specific functions will meet the Client’s requirements, as performance may vary due to production specific factors.
7.2.3 Excluded from the warranty are, in particular, defects and/or Damage caused by operational wear and tear, improper use and operation, operating errors and negligent behavior of the customer, operation with the wrong type of current or voltage as well as connection to unsuitable power sources, fire, lightning, explosion or mains overvoltage, moisture of any kind, incorrect or faulty programs (other than the manufacturer’s own firmware), software and/or modified processing data which do not correspond to the manufacturer’s factory settings, as well as any consumable parts, unless the customer proves that these circumstances are not the cause of the claimed defect. The warranty shall also not apply if the serial number, type designation or similar markings are removed or made illegible, or if the goods are tampered with during the warranty period by anyone other than Simply Mine or a third party authorized to do so.
7.2.4 Warranty claims are not transferable.
7.2.5 Irrespective of the foregoing, Simply Mine will pass on to the Client in full any further guarantee promises made by the manufacturers, without being liable for them itself.
7.2.6 The delivered goods or the result of the service rendered must be inspected immediately upon receipt. Complaints must be made in writing and received by Simply Mine immediately within three calendar days of receipt.
7.2.7 In the event of a warranty claim, Simply Mine will, at its option, either repair or replace the goods. The Client is obligated to accept a replacement delivery in return for the return of the defective goods. Replaced parts become the property of Simply Mine. Further claims are excluded. In particular, Simply Mine shall not be liable for damages that did not occur to the delivery item itself, for lost profits, damages or other financial losses of the Client.
7.2.8 In the event of rectification/repair, Simply Mine will assume the labor costs.
7.2.9 If the examination of a notice of defect shows that a case of warranty does not exist, Simply Mine is entitled to demand and invoice reimbursement of all expenses.
7.3 Self-remedy of a repair by the Buyer by breaking the seal on the hardware and independent remedy of possible defects by the Buyer is only possible if the Buyer has first unsuccessfully set Simply Mine a deadline for rectification. Only if Simply Mine finally and seriously refuses to remedy the defect, the setting of a deadline for the remedy is dispensable. In addition, if Simply Mine is prepared to remedy the defect, the Buyer shall not be entitled to reimbursement of its expenses for remedying the defect itself. Any other breakage of the seal on the Hardware caused by opening the computer case for reasons of maintenance or cleaning of dust particles will result in the loss of the warranty rights for the Customer.
8.1 Simply Mine GmbH shall be liable for damages arising from injury to life, limb or health that are based on an intentional or negligent breach of duty on the part of Simply Mine GmbH or its legal representatives or vicarious agents.
8.2 Furthermore, liability for other damages shall only be assumed for intentional or grossly negligent breaches of duty on the part of Simply Mine GmbH, its legal representatives and its vicarious agents, and shall be limited to EUR 5,000.
8.3 Liability in accordance with the Product Liability Act shall remain unaffected.
8.4 The personal liability of the managing directors of Simply Mine, of vicarious agents and employees of Simply Mine for damage caused by them due to slight negligence other than cardinal obligations shall be excluded. The exclusion of liability for slight negligence and other damages caused, except for cardinal obligations, is also excluded for Simply Mine.
9 Industrial property rights and copyrights of third parties
9.1 Software programs shall be provided in accordance with the license conditions of the respective licensor. The scope of services shall be derived from the licensors’ license conditions as well as the service descriptions and other user instructions that are printed in the corresponding user manuals or are available as a file. This shall also apply in particular to restrictions on use.
The Customer undertakes not to entice away any personnel from Simply Mine during the execution of the order and for the subsequent period of two years.
11 General provisions
11.1 The Customer shall not be entitled to assign its claims arising from the Contract without the prior written consent of Simply Mine.
11.2 The place of performance and exclusive place of jurisdiction – insofar as permissible under the statutory regulations – for all legal disputes arising directly or indirectly from the contractual relationship shall be Schweinfurt.
11.3 The law of the Federal Republic of Germany shall apply.
11.4 Order processing is carried out within Simply Mine with the aid of automatic data processing. The Customer hereby gives Simply Mine its express consent to the storage and processing of the data which has become known within the scope of contractual relations and which is necessary for the processing of the order in accordance with the statutory provisions on data protection.
11.5 Should one or more provisions of these General Terms and Conditions be or become invalid or should this contract text contain a regulatory gap, the validity of the remaining provisions shall remain unaffected.
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