Terms of Sale - Because we must...
Please read these terms of sale carefully.
You will be asked to expressly agree to these terms of sale before you place an order for products from our website.
In these terms of sale, "we" means OpenBSD Store (and "us" and "our" will be construed accordingly); and "you" means our customer or potential customer for products (and "your" will be construed accordingly).
(3) Order process
The advertising of products on our website constitutes an "invitation to treat"; and your order for products constitutes a contractual offer. No contract will come into force between you and us unless and until we accept your order.
In order to enter into a contract to purchase products from us, you will need to take the following steps: add the products you wish to purchase to your shopping cart, proceed to the checkout; if you are a new customer, you must provide us with details of your name and address, if you are an existing customer, you may login and the previously entered details will be used; select your preferred method of delivery; you will then be asked for payment details; we will then send you an order confirmation or we may send by email if we are unable to meet your order, in which event your payment will be refunded.
We will not file a copy of these terms of sale specifically in relation to your order. We may update the version of these terms of sale on the website from time to time, and we do not guarantee that the version you have agreed to will remain accessible. We therefore recommend that you download, print and retain a copy of these terms of sale for your records. The only language in which we provide these terms of sale is English.
(4) The products
We sell Open Source CD Sets and merchandise associated with Open Source projects.
(5) Price and payment
Prices for products are quoted on our website in GBP Sterling, USD Dollars or EUR Euro. The website contains a large number of products and it is always possible that some of the prices on the website may be incorrect. In this event we reserve the right to cancel an order.
In addition to the price of the products, you will have to pay a delivery charge, which will be as stated during the checkout process.
Payment must be made upon the submission of your order. We will withhold delivery and/or cancel the contract between us if the price is not received from you in full in cleared funds.
The prices on the website include all value added taxes (where applicable).
Payment for all products must be made by any of the methods on our payment page (credit/debit card, wire transfer or Paypal).
Prices for products are liable to change at any time, but changes will not affect contracts which have come into force.
(6) Your warranties
You warrant to us that:
(a) you are legally capable of entering into binding contracts, and you have full authority, power and capacity to agree to these terms of sale;
(b) the information provided in your order is accurate and complete; and
(c) you will be able to accept delivery of the products.
(7) Delivery policy
We will arrange for the products to be delivered to the address for delivery indicated in your order.
We will use reasonable endeavours to deliver products on or before the date for delivery. However, we cannot guarantee delivery by the relevant date. We do however guarantee that, on non-pre-order products, unless there are exceptional circumstances all deliveries of products will be dispatched within 7 days of the latter of receipt of payment and the date of our order confirmation.
(8) Risk and ownership
The products will be at your risk from the time of delivery. Ownership of the products will only pass to you upon the latter of:
(a) delivery of the products; and
(b) receipt by us of full payment of all sums due in respect of the products (including delivery charges).
(9) Consumers: returns policy
You may cancel a contract to purchase a product or products at any time within 7 working days after the day you received the relevant products or products (subject to the limitations set out below).
You will not have any such right insofar as a contract relates to: (i) the supply of any products which constitute audio or video recordings or computer software which have been unsealed by you; (ii) the supply of products the price of which is dependent upon fluctuations in financial markets which we cannot control; (iii) the supply of goods made to your specifications or clearly personalised; or (iv) the supply of goods which by reason of their nature cannot be returned or are liable to deteriorate or expire rapidly.
If you cancel a contract on this basis, you must inform us in writing and return the products to us immediately, in the same condition in which you received them. Products returned by you in accordance with this Section will be refunded in full. You will be responsible for paying the cost of returning the product to us.
(10) Consumers: statutory rights
Nothing in these terms of sale affects any statutory rights you may have as a consumer.
If you cancel a contract and are entitled to a refund, we will usually refund any money received from you using the same method originally used by you to pay for your purchase. We will process the refund due to you as soon as possible and, in any event, within 30 days of the day we received your valid notice of cancellation.
(12) Force majeure
In this Section and Section  below, "force majeure event" means:
(a) any event which is beyond our reasonable control;
(b) the unavailability of raw materials, components or products; and/or
(c) power failure, industrial disputes affecting any third party, governmental regulations, fires, floods, disasters, civil riots, terrorist attacks or wars.
Where a force majeure event gives rise to a failure or delay in us performing our obligations under these terms of sale, those obligations will be suspended for the duration of the force majeure event.
If we become aware of a force majeure event which gives rise to, or which is likely to give rise to, any failure or delay in us performing our obligations under these terms of sale, we will notify you forthwith.
We will take reasonable steps to mitigate the effects of the any force majeure event.
(13) Limitations of liability
Nothing in these terms of sale will limit or exclude your or our liability for: (i) death or personal injury caused by negligence; (ii) fraud or fraudulent misrepresentation; or (iii) any matter for which it would be illegal to limit or exclude, or attempt to limit or exclude, liability.
Subject to this:
(a) we will not be liable for any losses arising out of a force majeure event;
(b) we will not be liable in respect of any defect in the products arising from fair wear and tear, wilful damage, accident, negligence by you or a third party, use otherwise than in accordance with the manufacturer's or our instructions or recommendations, or any alteration carried out by you or any third party; and
(c) our liability in connection with any product purchased through our website is strictly limited to [the higher of the purchase price of the relevant product and the replacement cost of the relevant product]; and (ii) we will not be liable for any loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data or waste of management or office time, or loss of goodwill or reputational damage.
(14) Contract cancellation
We may cancel a contract to supply products made under these terms of sale immediately by written notice to you if you fail to pay, on time and in full, any amount due to us under the contract, or commit any material breach of your obligations to us under the contract.
(15) Scope of these terms of sale
These terms of sale do not constitute or contain any assignment or licence of any intellectual property rights, do not govern the licensing of works (including software and literary works) comprised or stored in products, and do not govern the provision of any services by us or any third party in relation to the products.
(16) General terms
Images of products on our website are for illustrative purposes; actual products may differ from such images.
We may revise these terms of sale from time-to-time, but such revisions will not affect the terms of any contracts which we have entered into with you.
If any provision of these terms of sale is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect, and such invalid or unenforceable provisions or portion thereof will be deemed omitted.
No waiver of any provision of these terms of sale, whether by conduct or otherwise, in any one or more instances, will be deemed to be, or be construed as, a further or continuing waiver of that provision or any other provision of these terms of sale.
You may not assign, charge, sub-contract or otherwise transfer any of your rights or obligations arising under these terms of sale. Any attempt by you to do so will be null and void. We may assign, charge, sub-contract or otherwise transfer any of our rights or obligations arising under these terms of sale, at any time – providing where you are a consumer that such action does not serve to reduce the guarantees benefiting you under these terms of sale.
Each contract under these terms of sale is made for the benefit of the parties to it and is not intended to benefit, or be enforceable by, any other person. The right of the parties to terminate, rescind, or agree any amendment, variation, waiver or settlement under such contracts is not subject to the consent of any person who is not a party to the relevant contract.
Subject to Section : these terms of sale contain the entire agreement and understanding of the parties in relation to the purchase of products from our website, and supersede all previous agreements and understandings between the parties in relation to the purchase of products from our website; and each party acknowledges that no representations not expressly contained in these terms of sale have been made by or on behalf of the other party in relation to the purchase of products from our website.
These terms of sale will be governed by and construed in accordance with English law, and the courts of England and Wales will have [non-]exclusive jurisdiction to adjudicate any dispute arising under or in relation to these terms of sale.
Regulations provide a cooling off period and an unconditional right to cancel during that period. The cooling off period begins as soon as the order has been made and is seven working days after the day of the receipt of goods. Customers must inform us in writing - by letter, fax or email - of their decision to cancel. Any money will be reimbursed before the statutory period of thirty days providing goods are returned intact and as sold. Exceptions to this rule are any items personalised for the customer Your rights to return goods are protected under the EU Distance Selling Directive which can be found at http://www.hmso.gov.uk/si/si2000/20002334.htm
(17) About us
Our full name is Zednax Limited, trading as OpenBSD Store.
Our registered office is Meadow House, Meadow Lane, Nottingham, NG2 3HS and our principal trading address is 241 Wellington Road South, Stockport, SK2 6NG.
Our company registration number is 05321754.
Our email address is firstname.lastname@example.org
Our VAT number is GB 855 4468 92.
Terms & Conditions |
OpenBSD Store is a trading name of Zednax Limited. Zednax Limited is registered in England and Wales, Company no. 05321754. Registered address: Meadow House, Meadow Lane, Nottingham, NG2 3HS. Zednax Limited is VAT registered, VAT registration no. GB 855 4468 92.