Terms and Conditions

§ 1 Scope

The subject of these Terms and Conditions are all contractual relationships between Bamboo Plots and its contractual partners, therefore also referred to as "Customer". Our online shop is directed to consumers and entrepreneurs.

A consumer is any natural person who concludes a legal transaction for purposes that can primarily be attributed neither to his commercial nor his independent professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.

§ 2 Subject of the contract and conclusion of the contract

Subject of the contract is the sale of products which are offered in our shop. Further details and information, in particular the essential characteristics of the product or service can be found in the item description and supplementary information on our website.

The contract is concluded with the Digital Seals Supercomputing GmbH.

By posting the products in our shop, we make a binding offer to conclude a contract. The contract is concluded when you accept the offer by clicking the order button. Immediately after sending the order, you will receive another confirmation by e-mail.

The installation of the software is not subject of the contract.

What we sell:

We sell so-called plots. Plots are software that has a memory of about 108.8 GB per plot. Further descriptions are available on the website.

The customer tells us how many plots he wants to get and when. Bamboo Plots produces the plots individually for the customer. After completion of the plotting process (production), the plots are "ready for delivery" and are sent to the customer in the way discussed in advance (either directly into a so-called S3 bucket of the customer or via a download link).

Provision of the software:

The product will be produced after receipt of payment and then provided as described before.

Individual delivery times are agreed with the customer, to which Bamboo Plots is not strictly bound. Exceeding the delivery time cannot be excluded due to high demand. 

The customer must accept the plots provided at the time of the agreed delivery time and is obliged to pay.

§ 3 Contractual language

The languages available for the contract conclusion are German and English.

We save the text of the contract and send you the order data and our terms and conditions in the respective order confirmation in text form.

§ 4 Registration/ Customer account

Viewing and visiting the shop, as well as all offer pages, is basically free of charge and possible without registration.

For additional functions, registration by the customer is required.

We request the following information:

  • Name,
  • Mail,
  • Number of requested plots,
  • Delivery method (download or S3 bucket),
  • Delivery period,
  • Location (city and country).

§ 5 Right of withdrawal/right of return

Customers who do not purchase software for their commercial or self-employed activity have a right of revocation. Within the revocation period, they may revoke their contractual declaration without stating reasons in text form (e.g. letter, fax or e-mail) or by returning the provided data carrier with the associated delivered material. The revocation period shall be deemed to have been observed if the revocation or the data carrier with the associated delivered material is sent off in good time. 

The revocation and return period is two weeks and begins with the receipt of the software by you. In the case of a contract for recurring deliveries (update contract), the revocation and return period begins with the receipt of the first delivery.

However, the right of revocation expires prematurely

  • in the case of a contract for the delivery of software by means of a data carrier, as soon as the delivered data carrier has been unsealed by the customer,
  • in the case of software made available for download, with the start of the download of the software.

In the event of an effective revocation, the services received by both parties shall be returned and any benefits derived (e.g. interest) shall be surrendered. If you are unable to return the received performance to the Provider in whole or in part, or only in a deteriorated condition, you must compensate the Provider for the loss in value. This does not apply if the deterioration is exclusively due to an inspection - such as would have been possible in a retail store. In addition, you can avoid the obligation to pay compensation by not using the software as if it were your own property and by refraining from doing anything that could impair its value. Data carriers that can be sent by parcel post are to be returned at our risk. You shall bear the costs of the return shipment if the delivered software corresponds to the ordered software and if the price of the software to be returned does not exceed an amount of 40 euros or if, in the case of a higher price of the item, you have not yet provided the consideration or a contractually agreed partial payment at the time of the revocation. Otherwise the return is free of charge for you. Software must be deleted from all data carriers to which you have copied it. The period begins for you with the dispatch of your revocation or the software, for us with its receipt. You must fulfil your obligations to refund payments within 30 days after sending your notice of revocation.

§ 6 Pricing and payment

The prices in the offers as well as the shipping costs are final prices. The prices depend on the number of ordered plots and are specified in the ordering process.

All price components including all applicable taxes (If the customer is from Germany) are included.

The customer can pay with the stated payment method.

Customers pay before we start making them, as we can only make plots for an individual key and a made plot cannot be resold.

Until full payment, the provider reserves the right to the subject of the contract. In particular, if the Provider withdraws from the contract, e.g. due to the Customer's default in payment, the Provider shall be entitled to prohibit the further use of the software and to demand the surrender of all copies or, if surrender is not possible, their deletion. Should a third party gain access to the goods subject to retention of title prior to full payment of the contractual software, you are obliged to inform this third party of the Provider's retention of title and to notify the Provider immediately in writing of the third party's access.

§ 7 Property rights

The product remains the property of Bamboo Plots until full payment has been received.

§ 8 Warranty and liability

The legal warranty for defects shall apply. 

For any claims based on damages caused by us, our legal representatives or assistants, we are always liable without limitation in case of injury to life, body or health; in case of intentional or gross negligent breach of duty; in case of guarantee promises, if agreed, or if the Product Liability Act is relevant.

In the event of a breach of essential contractual obligations, the fulfilment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely, due to slight negligence on our part, on the part of our legal representatives or vicarious agents, liability is limited to the amount of the damage foreseeable at the time of conclusion of the contract, the occurrence of which must be typically expected.

Any other claims for damages are excluded.

With the software package or the download you receive the software free of material defects or defects of title.

A material defect is given, if the software is not suitable for the use as described in the documentation, which is contained on this Internet presentation and is supplied and/or is downloadable with.

A defect in title shall be deemed to exist if the rights required for the contractually intended use have not been effectively granted after delivery of the software.

Claims based on material defects and/or defects in title of the software shall regularly become statute-barred after two years. However, a claim for damages due to material defects and/or defects of title shall become time-barred after one year, unless the Provider is liable without limitation.

If the Supplier has fraudulently concealed the material defect, the limitation period for claims based on this defect shall be three years.

After the expiry of the limitation period, payment of the remuneration may be refused to the extent that you would be entitled to do so on the basis of a withdrawal or a reduction.You are obligated to report any defects that occur to the provider immediately after their discovery and, if possible, in writing. In doing so, you should, as far as possible, also state how the defect manifests itself and has an effect, and under what circumstances it occurs.

§ 9 Data protection

Data processing (collection, processing and storage of personal data) is performed exclusively in accordance with the relevant data protection regulations. Detailed information on the collection, processing and use of personal data of the customer in connection with the registration and use of the services can be found in the privacy policy.

§ 10 Final clauses

Should any clause of these terms and conditions be or become invalid or unenforceable, this shall not affect the validity of the remaining clauses. 

These terms and conditions are subject to German law. The UN Convention on Contracts for the International Sale of Goods (CISG) is excluded.

General terms and conditions of the Customer shall not apply.

German law applies to disputes arising from these terms and conditions. The exclusive place of jurisdiction for all disputes arising from or in connection with these terms and conditions is Berlin.

§ 11 Alternative Dispute Resolution

The European Commission provides a platform for online dispute resolution on the Internet at the following link: http://ec.europa.eu/consumers/odr

This platform serves as a contact point for the out-of-court settlement of disputes arising from on-line purchase or service contracts involving a consumer.

Bamboo Plots is neither obliged nor willing to participate in a dispute resolution procedure before a consumer dispute resolution body.

Right of withdrawal

Consumers have the right of withdrawal in accordance with the following provisions, whereby a consumer is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to his commercial nor his self-employed professional activity:

Consumers have the right to withdraw from this contract within fourteen days without giving reasons.

The withdrawal period is fourteen days from the date of conclusion of the contract.

In order to exercise your right of withdrawal, you must inform us, Bamboo Plots, by means of a clear declaration (e.g. a letter, fax or e-mail sent by post) of your decision to withdraw from this contract. For this purpose, you can also electronically fill in and submit the sample revocation form or another clear declaration on our website https://www.bambooplots.com. If you make use of this option, we will immediately (e.g. by e-mail) send you confirmation of receipt of such a revocation.

In order to comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the end of the revocation period.

Consequences of withdrawal

If you withdraw from this contract, we must reimburse you for all payments we have received from you without delay and at the latest within fourteen days of the day on which we receive notification of your withdrawal from this contract. We will use the same means of payment for this refund as you used for the original transaction, unless expressly agreed otherwise with you, and in no event will we charge you for this refund. However, the buyer must bear the cost of returning the product.

Special information:

The right of withdrawal expires prematurely:

  • in the case of a contract for the delivery of software by means of a data carrier, as soon as the delivered data carrier has been unsealed by the customer,
  • in the case of software made available for download, with the start of the download of the software.

Sample withdrawal form

If you wish to cancel the contract, please fill in this form and send it back to:

Digital Seals Supercomputing GmbH (“Bamboo Plots”), Ueckermünder Str. 1. 10439 Berlin

I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following products

______________________________________

______________________________________

______________________________________

Ordered on (*)/ received on (*): 

______________________________________

______________________________________

Name of the consumer(s):

______________________________________

Address of the consumer(s): 

______________________________________

______________________________________

______________________________________

Signature of the consumer(s) (only for paper notification)

______________________________________

______________________________________

Date 

Our website, the webshop, as well as the related services, are an offer of Digital Seals Supercomputing GmbH (“Bamboo Plots”), Ueckermünder Str. 1. 10439 Berlin. The website provides the webshop where consumers can purchase the products we sell.