Date of entry into force: September 15, 2022
BIP21 (“BIP21”) offers its users (the “Buyers”) computer hardware, infrastructure, and merchandising products (the “Products”) on its site: www.nodl.eu.
The purpose of these terms and conditions of sale (the “Terms and Conditions”) is to define the terms and conditions of online sales and delivery of Products, as well as to define the rights and obligations of each of the parties within this context.
They can be accessed and printed at any moment from a direct link on the Site.
The applicable version of the terms and conditions of sale is the one that can be consulted online on the Site on the date of the Buyer’s order.
These Terms and Conditions of sale shall prevail over any other general or special terms and conditions not expressly approved by BIP21.
They may be subject to certain terms and conditions of use specific to certain Products or services offered on the Site. These specific conditions are hereby incorporated into the terms and conditions of sale and, in the case of any inconsistency between the Terms and Conditions and these specific conditions, the latter will prevail.
Legal capacity and acceptance of the Terms and Conditions
The Site is accessible:
To any natural person with full legal capacity to commit under these terms and conditions. The natural person who does not have full legal capacity can access the Site only with the agreement of his legal representative.
To any legal entity acting through a natural person having the legal capacity to contract in the name and on behalf of the legal entity.
The Buyer has the quality:
Either of consumer, understood as all natural persons who acts at ends which do not enter within the framework of its professional activity;
Or of professional, understood as all natural or legal persons acting for purposes entering within the framework of its commercial, industrial, artisanal, liberal or agricultural activity, including when it acts in the name or for the account of another professional
Approval of the terms and conditions
The Buyers will confirm their acceptance of these terms and conditions by ticking a checkbox during the checkout process. This acceptance can only be full and complete. Any qualified acceptance is considered as null and void.
Any Buyer who does not accept to be bound by these terms and conditions must not place an order on the Site.
Purchasing Product with guest mode
Any Buyer may place an order for one or more Products under the conditions set out in Article “Ordering” in guest mode without first registering on the Site.
Registration on the Site
The Buyer can also register on the Site by filling out the form provided for this purpose on the Site when placing an order for one or more Products.
In this case, the Buyer must provide all the information marked as mandatory. Any incomplete registration will not be validated.
Registration automatically leads to the opening of an account in the name of the Buyer (the “Account”) which allows him/her to manage his/her purchases and subscriptions in a form and according to the technical means that BIP21 deems the most appropriate.
The Buyer guarantees that all the information provided in the registration form is accurate, up-to-date and sincere and is not misleading.
The Buyer agrees to update this information in case of modifications (in particular: change of postal address), so that it always corresponds to the above-mentioned criteria.
The Buyer is informed and accepts that the information entered for the purpose of creating or updating his Account on the Site is proof of his identity. The information entered by the Buyer is binding upon validation.
The Buyer can access his Account at any time after having identified himself using his login and password.
The Buyer undertakes to use his Account personally and not to allow any third party to use it in his place or on his behalf unless he bears full responsibility.
The Buyer is likewise responsible for maintaining the confidentiality of his/her login and password, any access to the Site using the latter being deemed to have been made by the Buyer. The latter must immediately contact BIP21 at the address mentioned at the top of this document if he notices that his Account has been used without his knowledge. The Buyer acknowledges that BIP21 has the right to take all appropriate measures in such a case.
Before placing an order online and in accordance, notably, with the clauses of article L111-1 of the French consumer code, the Buyer can acquaint himself, on the Site, of the features of each Product that he wishes to order.
Products are offered for online sale within the limit of available Product stock, or subject to the possibility of ordering them if possible.
The 3D renderings, pictures and descriptions of the Products offered for sale online are as accurate as possible. They are only binding on BIP21 for what is precisely indicated. The Buyer is however informed and accepts that certain characteristics of the Products and in particular their color may not correspond exactly to the 3D renderings and pictures presented on the Site, due to technical constraints.
Placing an order
To place an order, the Buyer must select the Product of his choice and place it in his shopping cart.
The Buyer can access the summary of his shopping cart at any time as long as the order is not definitively validated and can correct any errors in the elements entered.
The order is considered to have been received by BIP21 when it can access it.
As part of his order, the Buyer is invited to provide his contact information for delivery and billing purposes. The Buyer must fill in all the fields marked as mandatory in the form provided for this purpose.
Orders that do not include all the required information cannot be validated.
The Buyer warrants that all information provided in the order form is accurate and that the delivery address provided will allow for the proper delivery of the Product.
The Buyer agrees to use an email address allowing him/her to receive any email and/or notification sent by BIP21.
At the end of his order, the Buyer receives an email confirmation which summarizes the elements of the order and the expected delivery time.
The Buyer must make sure that the contact details that he entered when ordering are correct and that they permit the Buyer to receive the order confirmation email. If the Buyer does not receive an order confirmation email, they must contact BIP21 using the contact details mentioned on the Site.
BIP21 advises the Buyer to keep the information contained in the order confirmation.
The order and its confirmation are considered as having been received by the Buyer when he has access to them.
Prices and terms of payment
The sale prices of Products are displayed on the Site. They are indicated in:
or if the Buyer wishes so, in Bitcoin equivalent.
…without French VAT or other applicable taxes.
Applicable taxes are indicated to Buyers at the moment of payment for the Product.
BIP21 reserves the right, at its own discretion and on terms of which it shall be the sole judge, to propose promotional offers or price reductions.
The sale price does not include any other potential delivery charges, which would be invoiced in addition to the price of the Products being purchased. The amount of applicable delivery charges will be indicated before the Buyer validates their order.
The price that applies is the price displayed on the Site at the moment of the Buyer placing an order.
Caution: Outside the European Union as well as in the French Overseas Departments and Territories, customs duties or local taxes may be payable and may be invoiced upon receipt of the package by the Buyer, in addition to the price paid to BIP21. These duties and taxes, the amount of which BIP21 cannot predetermine and therefore cannot inform the Buyer prior to their order, remain at the Buyer’s charge and the Buyer remains solely responsible for the making of any related declarations and/or the obtaining of any related authorizations.
Terms of payment
The total price of the Products is due for payment at the moment the order is placed.
The Buyer ensures BIP21 that the former disposes of the required authorization to use the chosen method of payment.
BIP21 reserves the right to suspend or cancel any order and/or delivery in the event of non-payment of any amount owed by the Buyer, any payment irregularity, or fraud or attempted fraud relating to the use of the Site.
Terms of payment for sales in euros or dollars on the Site
In all sales, the payment can be made online by credit card, through the secure online payment service indicated on the Site, or by any other means that are proposed on the Site at the time of ordering.
All credit card payments made through the Site are handled by Stripe.
Specific terms of payment for sales in Bitcoin
Payments in bitcoin are made using BTCPay Server. Payments can be done onchain (bitcoin network) or off-chain (lightning network). Prices in bitcoin are calculated at the exchange rate at the time of the payment.
The purchase invoices will be sent to the Buyer by any useful means and in particular by email.
Retention of ownership
BIP21 retains full and complete ownership of Products sold until payment has been made in full.
Delays or default in payment
BIP21 reserves the right to suspend or cancel any order and/or delivery in the event of non-payment of any sum due by the Buyer, in the event of a payment incident, or in the event of fraud or attempted fraud relating to the use of the Site.
If the Buyer is a professional, BIP21 reserves the right to charge him/her late payment interest equal to 3 times the legal interest rate, based on the amount of the sums not paid by the due date, and a fixed indemnity of 40 euros for collection costs, without prejudice to additional compensation if the collection costs actually incurred are greater than this amount.
Delivery of Products
Territory of deliveries
The Site indicates, for each Product offered for sale, the possible delivery territories for this Product.
The Products ordered on the Site will be delivered to the address indicated at the time of the Buyer’s order as the “delivery address” (which may be different from the billing address), provided that it is located in the possible delivery territory for the Products concerned.
Delivery of the Products ordered on the Site is made to the address indicated at the time of the Buyer’s order as the “delivery address” (which may be different from the billing address), which, unless specifically agreed between the parties, may only be located in one of the countries referred to in Article “Territory of deliveries”.
Different delivery methods may be possible, depending on Product categories and their weight.
The Buyer will be informed before the validation of his order of the different methods of delivery that are possible for the Products being ordered and the charges corresponding to each method, if the need arises.
The Buyer must select the method of delivery that he wishes to use and provide all necessary information to facilitate the successful delivery of the Product through this method.
The Site indicates, for each Product offered for sale, indicative delivery times according to the territories and delivery methods.
A delivery date is indicated to the Buyer in the order confirmation email.
In the event of failure to deliver within the above time limit, the Buyer may cancel the order, by registered letter with acknowledgement of receipt or in writing on another durable medium, if, after having instructed BIP21, according to the same terms, to make delivery within a reasonable additional period, it has not done so within this period.
The contract shall be deemed to have been terminated on receipt by BIP21 of the letter or writing informing it of such termination, unless it has been executed in the meantime.
In the event of termination of the contract in accordance with the above terms, the Buyer shall be reimbursed for all sums paid by it, including delivery costs, no later than 14 days following the date on which the contract is terminated.
BIP21 reserves the right in any event to contact the Buyer in order to offer him alternative solutions for reimbursement of the price of the Products and delivery costs. The Buyer shall explicitly express its acceptance of the choice of an alternative method of reimbursement on a durable medium.
Right of withdrawal
If the Buyer:
is a consumer or,
is a professional who meets the conditions set forth in Article L221-3 of the French Consumer Code and the Product order contract meets the criteria of an off-premises contract as defined in Article L221-1 of the French Consumer Code,
… then the Buyer has, except imperative rule to the contrary, a period of 14 days, as from the date of reception of the ordered Products, to retract without having to justify reasons nor to pay penalties, except for the expenses of return which remain with its load and which it will have to discharge. When the order concerns several Products delivered separately, the above-mentioned period runs from the date of receipt of the last Product.
The Buyer must notify BIP21 of his wish to exercise his right of withdrawal, using the contact details mentioned in the article “Manager of the Site and contact details” of these terms and conditions, before the expiry of the above deadline, and send to BIP21 the withdrawal form annexed to these terms and conditions duly completed, or a statement clearly expressing his willingness to withdraw and including his order number.
The Products must imperatively be returned to BIP21 in their original packaging, without undue delay and at the latest within 14 calendar days following the communication, by the Buyer, of his wish to withdrawal. A copy of the corresponding purchase invoice must be sent back with the Products. The Buyer shall be deemed liable in the event of deterioration of the Products when they are returned to BIP21.
The Buyer shall be reimbursed as soon as possible and at the latest within 14 days from the date of effective receipt by BIP21 of the request for withdrawal of all sums paid for his order, after deduction of any return costs, which shall remain the responsibility of the Buyer. However, BIP21 reserves the right to defer this reimbursement until the Products have been effectively recovered.
The Buyer enjoys from the legal safeguards against latent defects of the thing sold.
The Buyer having the quality of consumer also enjoys from the legal safeguards against non-compliance of the thing sold, including defects of conformity resulting from the packing of the Products ordered on the Site.
If the Buyer notices that the Product he was delivered has a defect, is non-compliant or damaged, he must inform the Buyer, at the Buyer’s address indicated on the heading hereof, indicating the nature of the defect, non-compliance or damage found and sending him any useful supporting documents, in particular in the form of photograph(s).
BIP21 will then organize the means through which the Buyer can return the Product and will inform the Buyer of these means through any pertinent channel. BIP21 will cover the return carrier costs.
The Products must be returned to BIP21 in their original packaging, with all of their accessories. A copy of the corresponding purchase invoice must be sent back with the Products.
Returns of Products that do not comply with the terms and conditions described above will not be taken into account.
BIP21 will carry out the necessary checks and will propose to the Buyer the replacement of the Product as far as possible. If the replacement of the Product is impossible, BIP21 shall reimburse the Buyer for the full price paid for the Product as well as the corresponding delivery costs, by any useful means, as soon as possible and at the latest within 14 days following the date on which BIP21 has informed it of the impossibility of replacing the Product.
It is recalled that, when invoking the legal guarantee of conformity, any consumer:
– benefits from a two-year period as from the delivery of the Product to act;
– can choose between repairing or replacing the Products, subject to the cost conditions provided for in Article L217-9 of the French Consumer Code;
– is exempt from having to provide proof of the existence of the lack of conformity of the Products during the twenty-four months following delivery.
It is also recalled that the legal guarantee of conformity applies independently of any commercial guarantee that may be granted.
Any consumer may also decide to implement the guarantee against hidden defects of the thing sold within the meaning of Article 1641 of the French Civil Code. In this case, he can choose between cancelling the sale or reducing the sale price in accordance with Article 1644 of the Civil Code.
Obligations of the Buyers
Buyers are solely responsible for the use they make of the Products. It is their responsibility to check the suitability of the Products for their specific needs prior to purchasing the said Products.
He must also take the necessary measures to save by his own means the information of his Account that he deems necessary, of which no copy will be provided to him.
Finally, it is the responsibility of the Buyer to take all appropriate measures to protect its own data and/or software stored on their computer equipment against any infringement.
The Buyer is responsible for his use of the Product and any information he shares in this context. He undertakes to use the Product personally and not to allow any third party to use it in his place or on his behalf.
The Buyer indemnifies BIP21 against any claim and/or action that may be brought against it as a result of the Buyer’s breach of any of its obligations. The Purchaser shall indemnify BIP21 for any loss suffered and shall reimburse BIP21 for any sums it may have to bear as a result.
The Buyer shall not misuse the Site for purposes other than those for which they were designed, and in particular to:
– carry out an illegal or fraudulent activity,
– undermine public order and morality,
– infringe upon third parties or their rights in any way whatsoever,
– violate a contractual, legislative or regulatory provision,
– to carry out any activity likely to interfere in the computer system of a third party, in particular with a view to violating its integrity or security,
– carry out any maneuvers aimed at promoting its services and/or sites or those of a third party,
– assist or incite a third party to commit one or more of the acts or activities listed above.
The Buyer also agrees not to:
– copying, modifying or misappropriating any element belonging to BIP21 or any concept that it exploits within the framework of the present,
– engage in any behavior that interferes with or hijacks BIP21’s computer systems or undermines its computer security measures,
– undermine the financial, commercial or moral rights and interests of BIP21,
– market, transfer or give access in any way to the information hosted on the Site or to any element belonging to BIP21.
Any commercial use of the Products by the Buyer is prohibited, and in particular any resale or distribution for a fee.
In the event of a breach of any of the provisions of this article or, more generally, of laws and regulations, BIP21 reserves the right to take all appropriate measures and to initiate any legal action.
Liability of BIP21
BIP21 undertakes to carry out regular checks in order to verify the operation and accessibility of the Site. In this respect, BIP21 reserves the right to temporarily interrupt access to the Site for maintenance reasons. Similarly, BIP21 shall not be held liable for momentary difficulties or impossibilities in accessing the Site due to circumstances beyond its control, force majeure, or due to disruptions in telecommunications networks.
BIP21 does not provide the Buyer with any guarantee as to the adaptation of the Products to its needs, expectations or constraints.
BIP21 may not be held liable for the non-execution or delay in the execution of sales contracts due to circumstances beyond its control or to a case of force majeure, it being expressly specified that cases of force majeure are considered to be cases of force majeure, in addition to those usually retained by the jurisprudence of French courts: exceptional bad weather, natural disasters, fires and floods, lightning, attacks, cases of rupture or blockage of telecommunications networks, means of transport or postal services, including due to strikes, damage caused by viruses for which the means of security existing on the market do not allow their eradication, as well as any legal or regulatory obligation or public order imposed by the competent authorities and which would have the effect of substantially modifying the Terms and Conditions.
In any event, the liability likely to be incurred by BIP21 hereunder is expressly limited solely to proven direct damage suffered by the Buyers.
The systems, software, structures, infrastructures, databases and content (text, images, graphics, music, logos, trademarks, etc.) used by BIP21 on the Site are protected by all intellectual property rights in force or database producers’ rights in force. Any dismantling, decompilation, deciphering, extracting, reusing, copying and, more generally, any reproduction, representation, publishing or use of all or part of any these items, without the authorization of BIP21 is strictly prohibited and could be subject to prosecution.
Furthermore, the Buyer is informed that the Products contain integrated applications licensed under type of licenses that the Buyer can consult on our website.
Links and third-party sites
BIP21 can in no way be held liable for the technical availability or unavailability of Internet websites or mobile applications run by third parties (including websites of BIP21 partners) that the Buyer may access through links on the Site.
BIP21 will not take on any liability for content, advertisements, products and/or services available on such third-party sites or mobile applications and users are hereby reminded that these sites are governed by their own terms and conditions of use.
BIP21 is also not liable for any transactions conducted between the Buyer and any advertisers, professionals or salespersons (including BIP21’s partners) to which the Buyer may be oriented through the Site and will not be part of any disputes whatsoever with these third parties particularly concerning the delivery of products and/or services, guarantees, declarations or other obligations whatsoever to which these thirds parties may be bound.
The Buyer may unsubscribe from the Site at any time, by sending a request to this effect to BIP21 by email, to the contact details mentioned at the top of the Terms and Conditions.
Unsubscribing is effective within a maximum of 7 days from the date of this request. It leads to the automatic deletion of the Buyer’s Account.
BIP21 reserves the right to modify the present terms and conditions of sale at any time. In this case, the conditions that will apply will be those in force on the date the Buyer places their order.
In the event of a translation of these general conditions in one or more languages, the language of interpretation will be the English language in the event of a contradiction or dispute over the meaning of a term or provision.
The Buyer has the right to have recourse, free of charge, to a consumer mediator with a view to the amicable resolution of any dispute relating to the execution of the present contract between the Buyer and BIP21, under the conditions provided for in Articles L611-1 et seq. and R152-1 et seq. of the French Consumer Code.
To this end, it may contact the following consumer mediator:
Centre de médiation de la consommation de conciliateurs de justice (CM2C)
Postal address : 14 rue Saint Jean 75017 Paris
Number: 06 09 20 48 86
Law and Jurisdiction
These Terms and Conditions are governed by French law.
For professional Buyers, in case of dispute on the validity, the interpretation and/or the execution of the present general conditions, the parties agree that the courts of Paris will be exclusively competent to judge, except imperative rules of procedure to the contrary.