Terms and Conditions

Company Information

These Terms and Conditions govern the purchase of products through the website smartmining.com (the “Website”), operated by:

In accordance with Art. 7 of D.Lgs. 70/2003 (E-Commerce Decree), the above information is provided to allow users to contact the company directly and effectively.

Scope of Application

These Terms and Conditions apply to all purchases of products made through the Website by consumers (as defined under D.Lgs. 206/2005, the Italian Consumer Code) and by professional buyers. Where a distinction between consumers and professional buyers is relevant, it is explicitly stated.

By completing a purchase, the buyer declares that they have read, understood, and accepted these Terms and Conditions in their entirety. These Terms and Conditions may be updated at any time. The version in force at the time of purchase applies to each order.

Products

Smart Mining S.r.l. sells open-source Bitcoin and Bitcoin Cash home mining hardware, including but not limited to:

• Bitaxe Gamma 602
• Bitaxe Gamma Turbo 801
• NerdQaxe++ Rev 6.1
• NerdOctaxe Rev 3.1

Product descriptions, technical specifications, images, and prices are published on the Website and are subject to change without notice. Smart Mining S.r.l. makes every reasonable effort to ensure that published product information is accurate and up to date. Product images are for illustrative purposes only and may not exactly represent the physical product delivered.

Prices

All prices displayed on the Website are expressed in Euro (€) and include Italian VAT (IVA) at the applicable rate, unless otherwise stated.

In accordance with D.Lgs. 26/2023 (implementing EU Directive 2019/2161, the “Omnibus Directive”), where a discount price is displayed, the reference price shown as “R.R.P.” represents the lowest price applied by Smart Mining S.r.l. in the 30 days preceding the application of the discount.

Smart Mining S.r.l. reserves the right to modify prices at any time. The price applicable to each order is the price displayed on the Website at the time the order is placed. Price changes do not affect orders already confirmed. Shipping costs, where applicable, are calculated and displayed at checkout before the order is confirmed.

Order Process

Orders are placed through the Website as follows:

1. The buyer selects the desired product(s) and adds them to the cart.
2. The buyer proceeds to checkout and provides the required delivery and billing information.
3. The buyer selects a payment method and completes payment.
4. The buyer receives an order confirmation email summarising the order details. This email constitutes acknowledgement of receipt of the order, not acceptance of it.
5. Smart Mining S.r.l. accepts the order upon dispatch of the goods, confirmed by a dispatch notification email.

Smart Mining S.r.l. reserves the right to refuse or cancel an order at any time prior to dispatch, including in the event of pricing errors, stock unavailability, or suspected fraud. In such cases, any payment received will be fully refunded.

Payment

The following payment methods are accepted: credit/debit card and bank transfer. Payments are processed securely through our certified third-party payment processors. Smart Mining S.r.l. does not store payment card details.

Payment is due in full at the time of order. Smart Mining S.r.l. will not dispatch goods until payment has been confirmed. In the event of a chargeback or disputed payment, Smart Mining S.r.l. reserves the right to suspend the buyer’s account and recover the value of the goods by any lawful means.

Delivery

Smart Mining S.r.l. ships from its EU warehouse. Standard shipment time is 24 hours from order confirmation for orders placed on business days. Free shipping is offered on all orders with a delivered address in Italy, and orders over €250 for other countries. Shipping costs for orders below the €250 threshold are calculated at checkout.

Delivery times are between 1 to 6 days depending on the destination. Delivery times are estimates and not guaranteed. Smart Mining S.r.l. is not liable for delays caused by the carrier, customs procedures, or circumstances beyond its reasonable control (force majeure).

Risk of loss and damage to the goods passes to the buyer upon physical delivery to the address specified in the order. For deliveries outside Italy, the buyer is responsible for any applicable import duties, customs fees, or local taxes.

Right of Withdrawal (Consumer Buyers Only)

In accordance with Arts. 52–59 of D.Lgs. 206/2005 (Italian Consumer Code), consumers have the right to withdraw from the purchase contract without stating any reason within 14 (fourteen) calendar days from the date on which the consumer acquires physical possession of the goods.

8.1 — How to Exercise the Right of Withdrawal

To exercise the right of withdrawal, the consumer must notify Smart Mining S.r.l. before the withdrawal period expires by sending a clear written statement to support@smartmining.com or by PEC to admin@pec.smartmining.com, or by using the standard form below:

8.2 — Effects of Withdrawal

Upon withdrawal, Smart Mining S.r.l. will reimburse all payments received, including standard delivery costs, within 14 days of receiving the withdrawal notice. Reimbursement is made via the same payment method used, at no cost to the consumer. Smart Mining S.r.l. may withhold reimbursement until the goods have been returned or proof of return has been provided.

8.3 — Return of Goods

The consumer must return goods to Smart Mining S.r.l. at Via Lucchese 579, 51034 Serravalle Pistoiese (PT), Italy, within 14 days of communicating the withdrawal decision. The direct cost of returning the goods is borne by the consumer. The consumer is liable for any diminished value resulting from handling beyond what is necessary to establish the nature and functioning of the goods.

8.4 — Exclusions

The right of withdrawal does not apply to goods that have been personalised or clearly customised, or to sealed goods that cannot be returned for health or hygiene reasons once unsealed after delivery (where applicable).

Legal Guarantee of Conformity (Consumer Buyers Only)

In accordance with Arts. 128–135 of D.Lgs. 206/2005, as amended by D.Lgs. 170/2021 (implementing EU Directive 2019/771), Smart Mining S.r.l. is liable for any lack of conformity in the goods that exists at the time of delivery and becomes apparent within 2 (two) years of delivery.

The consumer must report any lack of conformity within 2 (two) months of discovery (Art. 132, D.Lgs. 206/2005). As a primary remedy, the consumer may request repair or replacement of the goods at no cost, or, where these are impossible or disproportionate, a price reduction or contract termination.

To make a warranty claim, contact support@smartmining.com with your order number and a description of the defect. This legal guarantee is without prejudice to any additional commercial guarantee offered by the manufacturer.

Commercial Guarantee

In addition to the legal guarantee of conformity, Smart Mining S.r.l. offers a 12-month commercial guarantee from the date of delivery on all products sold through the Website.

The commercial guarantee covers manufacturing defects and hardware failures under normal use. It does not cover damage resulting from: misuse, physical damage, liquid damage, unauthorised modification, firmware modifications not provided by Smart Mining S.r.l., use outside specified operating parameters, or normal wear and tear.

To make a claim, contact support@smartmining.com with your order number and a description of the fault. This commercial guarantee does not limit or replace the consumer’s rights under D.Lgs. 206/2005.

Limitation of Liability

To the maximum extent permitted by applicable law, Smart Mining S.r.l.’s liability in connection with any purchase shall not exceed the purchase price paid by the buyer for the relevant order.

Smart Mining S.r.l. is not liable for:

• Indirect, consequential, or incidental damages, including loss of profit or loss of data;
• Damages arising from the buyer’s use of the products in a manner inconsistent with the product documentation;
• The financial performance of cryptocurrency mining activities, including the probability or occurrence of solo block wins, changes in cryptocurrency prices, changes in network difficulty or hashrate, or regulatory changes affecting cryptocurrency mining;
• Interruptions to third-party services (mining pools, blockchain networks, internet connectivity).

Nothing in these Terms and Conditions limits or excludes liability for death or personal injury caused by negligence; fraud or fraudulent misrepresentation; or any other liability that cannot be excluded under applicable Italian law.

Intellectual Property

All content on the Website, including text, images, graphics, logos, software, and the Website’s design, is the property of Smart Mining S.r.l. or its licensors and is protected by applicable intellectual property laws. Users may not reproduce, distribute, or create derivative works of Website content without prior written authorisation from Smart Mining S.r.l.

The hardware sold by Smart Mining S.r.l. is based on open-source designs (Bitaxe, Nerd*axe family). The open-source firmware (AxeOS, NerdOS) is distributed under its respective open-source licence. Smart Mining S.r.l. does not claim ownership of these open-source components.

Privacy and Data Protection

Smart Mining S.r.l. processes personal data in accordance with EU Regulation 2016/679 (GDPR) and D.Lgs. 196/2003 as amended by D.Lgs. 101/2018. Full details of how personal data is collected, used, stored, and protected are set out in the Privacy Policy.

Cookies

The Website uses cookies in accordance with D.Lgs. 69/2012, the Italian Garante Cookie Guidelines of 10 June 2021, and the GDPR. Full details are set out in the Privacy Policy.

Online Dispute Resolution (ODR)

In accordance with EU Regulation 524/2013, consumers resident in the EU may submit disputes arising from online purchases to the European Online Dispute Resolution platform:

Alternative Dispute Resolution (ADR)

Smart Mining S.r.l. is committed to resolving disputes amicably. Before initiating formal proceedings, the buyer is encouraged to contact Smart Mining S.r.l. directly at support@smartmining.com.

In accordance with Arts. 141-bis and following of D.Lgs. 206/2005, consumer disputes may be submitted to a qualified ADR body. Smart Mining S.r.l. will indicate the relevant ADR body upon request.

Governing Law and Jurisdiction

These Terms and Conditions are governed by Italian law. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded.

For consumer buyers, any dispute shall be subject to the exclusive jurisdiction of the court of the consumer’s domicile or residence in Italy, in accordance with Art. 33(2)(u) of D.Lgs. 206/2005.

For professional buyers, any dispute shall be subject to the exclusive jurisdiction of the Court of Pistoia.

Severability

If any provision of these Terms and Conditions is found to be invalid or unenforceable under applicable law, it shall be modified to the minimum extent necessary to make it enforceable, or severed if modification is not possible. The remaining provisions shall continue in full force and effect.

Entire Agreement

These Terms and Conditions, together with the Privacy Policy and Cookie Policy, constitute the entire agreement between Smart Mining S.r.l. and the buyer in respect of purchases made through the Website, and supersede all prior communications, representations, or agreements.

Contact Information

For any queries relating to these Terms and Conditions, orders, returns, or the products sold, please contact:

We aim to respond to all queries within 2 business days. If you are not satisfied with our response, you retain the right to contact the relevant ADR body (Section 16) or the EU ODR platform (Section 15).