Online Shop – Terms and conditions

1 Introduction

The present ToS defines the principles and terms for using an on-line shop available at www.AccessOrange.com and in particular defines the principles for placing Orders and concluding sales contracts via remote means of communication, as well as for the use of all On-Line Shop services by Clients.

To contact the Seller for any issues related to sales via the shop call:  +852 3500 4288 or e-mail: [email protected]

2 Glossary

Terms used in the ToS shall be understood to mean the following:

1) Service Provider or Seller –  – AccessOrange;

2) Client – Business which has placed or intends to place an Order or uses
other On-Line Shop services (hereinafter also the “Purchaser”);

3) Business – a physical person, a legal person or organisational unit with statutory legal capacity, performing transactions directly associated with its business or professional activity;

4) Client’s Account (Account) – Shop’s subpage where the Client is able to, amongst others, manage personal data, receive notifications on Order status changes, control and manage the state of Orders placed by them;

5) ToS – this Terms of Service for sales using remote means of communication and provision of electronic services.

6) Registration – is one-off, voluntary and free, entailing the Client setting up the Client’s Account performed via the administration panel made available by the Service Provider within the Shop website;

7) On-Line Shop www.accessorange.com (hereinafter also the “Shop” or “On-Line Shop”) – an internet website located at  http://www.accessorange.com via which the Service Provider provides services as defined by the ToS and the Client may place Orders;

8) Party – AccessOrange or the Client;

9) Goods (or “goods”)- tangible movable which is the subject of a Sale agreement or right being the subject of a Sale agreement (e.g. a licence);

10) Sale agreement – an agreement, pursuant to which the AccessOrange transfers or undertakes to transfer ownership of the Goods to the Client, and the Client pays or undertakes to pay the price thereof or an agreement, pursuant to which the AccessOrange transfers or undertakes to transfer the right to use given software to the Client (license sale) and the Client pay or undertakes to pay the price on account thereof;

11) Remote agreement – an agreement concluded between AccessOrange and the Client
within the framework of the organised system of sales or service provision, without the Parties being physically present, with the exclusive use of one or more remote communication means up until the agreement conclusion, inclusively;

12) Service (Services) – Order, Licence Order or Quote Request as well as other services provided within the scope of the Shop;

13) Order – a declaration of the Client’s will constituting an offer to conclude a Sale agreement with AccessOrange with the direct intension of concluding a remote Sale agreement via the On-Line Shop defining the type and quantity of Goods being the subject of the Sale agreement;

14) License order – a declaration of the Client’s will constituting an offer for concluding an agreement with the AccessOrange for a software license with the direct intension of concluding a remote Sale agreement (license sale), via the On-Line Shop defining the type and quantity of software for the use of which a license is being sold;

15)   Quote request – a request for a quote submitted by the Client via the form available in the Shop, defining the Goods or software being the subject of the request and including the Client’s contact details entered on the form.

3 The Obligations

1) The Client is obligated to use the Services provided by the Service Provider in a manner pursuant to the law, provisions of the ToS and not to supply content prohibited by the general regulations as in force at present.

2) The Seller is obliged to deliver the Goods free of defects.

4 Shop use terms

1) The Service Provider provides the following Services via the On-Line Shop:

a) presenting the Shop’s products and services,

b) placing Orders,

c) placing License orders,

d) submitting Quote Requests,

e) setting up and managing a Client’s Account in the On-Line Shop;

2) Registration is required to access services as defined in paragraph 1

3) To use the On-Line Shop safely, it is recommended for the device used by the Client to have:

a) an anti-virus system with up to date virus definitions and other updates,

b) an effective firewall,

c) an operating system and internet browser with all available updates concerning security installed,

d) internet browser cookies and Java Script options enables,

e) software able to read PDF files.

4) The Service Provider uses Cookie files in order to gather information associated with the use of the Shop by the Client in order to:

a) maintain the Client’s session (once logged in), thanks to which there is no need for the Client to enter their Password on every page of the Shop,

b) adapt the Shop services to the Clients’ needs,

c) building Shop page visit statistics,

d) remarketing.

5 Placing Orders and concluding Sale Agreements

  1. The Client may place Orders via the On-Line Shop 24/7 regardless of whether or not they completed the Registration. The Client may also place an order via the telephone by calling +852 3500 4288  (solely from Monday to Friday during working hours) or e-mailing [email protected]
  2. In order to conclude a Remote sales agreement for Goods via the On-Line Shop, go to the Shop website, select the Goods and place an Order by performing subsequent technical actions based on the messages or information displayed to the Client.
  3. To place an effective Order it is necessary for the Client to have read and accepted the ToS.
  4. Placing an Order constitutes an offer to conclude a Sale agreement for Goods made by the Client to the Service Provider.
  5. Once the Client places an Order, Licence order or submits a Quote request, the Seller shall confirm the receipt of the request for a Service by e-mail, which shall include the confirmation of all significant elements of the Order placed by the Client.
  6. After considering the Client’s request, the Seller shall send the Client a message confirming Order acceptance.
  7. Once the Client receives the confirmation as referred to in par. 6 hereinabove, a Sale agreement is concluded.
  8. If, after the Client places an Order it transpires that the Order cannot be executed in part of whole, the Service provider shall inform the Client of this fact immediately via e-mail or telephone. In such a situation the Client reserves the right to cancel that part of the Order which cannot be executed on time or cancel the entire Order.

6 Prices, payments and delivery of Goods.

  1. The quoted prices for Goods exclude delivery costs. The exact delivery costs is provided whilst placing an Order or a License order. Whilst completing an Order form the Purchaser selects the delivery and payment method and confirms their choice.
  2. The available payment and delivery methods are indicated whilst Clients are in the process of placing an order.
  3. For credit or debit card payments via partners making such a payment method available the Seller does not collect any data concerning payment cards other than neccesary to make payments related to the order.
  4. Information in the Shop on availability and delivery time are only guideline, intending to indicate the shortest time within which an order may be put together, i.e. the shortest time required by the Seller to ship the Goods. In every case the Seller attempts to ship deliveries immediately following conclusion of a Sale Agreement and the Sellers bank account being credited with the price for the Goods and delivery cost, unless payment on collection option was selected).
  5. In collecting a parcel with the ordered Goods, we suggest the Client checks the parcel and indicate that in the event of determining:

a) mechanical damage to the parcel content,

b) an incomplete parcel,

c) parcel content different than the subject of the Order,

The Client is entitled to refuse to accept the parcel. Under such circumstances we suggest that comments or notes on the event are drawn up in the presence of the forwarder and the Service Provider is informed of the situation immediately.

  1. Client is obligated to check the content of the parcel upon receipt. If it is found to be damaged, this has to be reported to the Goods forwarder and contact has to be established with the Seller immediately. Complaints pertaining to mechanical damage to the Goods occurring during Transport shall be taken into consideration only and exclusively after a damage report is drawn up signed by the recipient who is not a Consumer and the parcel forwarder.
  2. Non-collection of Goods sent subject to a cash on delivery payment method by a Client who is not a Consumer and a return of the parcel to the sender (Service Provider) results in the said Client being charged costs of Goods delivery and return.
  3. Unless the parties have agreed otherwise on the time of delivery, the Seller shall deliver the goods by transferring the physical possession or control of the goods to the Consumer without undue delay, but not later than 30 days from the conclusion of the contract.
  4. In contracts where the Seller dispatches the goods to the Client, the risk of loss of or damage to the goods shall pass to the Client when he or a third party indicated by the Clientand other than the carrier has acquired the physical possession of the goods. However, the risk shall pass to the Client upon delivery to the carrier if the carrier was commissioned by the Client to carry the goods and that choice was not offered by the Seller, without prejudice to the rights of the Client against the carrier.

7 Warranty, Complaints and returns

  1. All Goods sold in the Shop are brand new, free from physical and legal defects unless clearly marked in the Goods description as used or refurbished.
  2. All brand new and factory refurbished Goods are covered by a standard manufacturer’s warranty.
  3. The Seller provides links to Goods Manufacturers’ websites containing Goods warranty terms. The warranties define precisely who is liable on account of the granted quality warranty for the Goods and all other warranty terms are precisely defined.
  4. The entity responsible on account of the warranty (in most cases the Goods Manufacturer) is responsible with respect to the Purchaser if the Goods contain a defect reducing its value or usability in terms of the objective in the Sale agreement defined or stemming from circumstances or Goods designation.
  5. For defect notification deadlines to be observed as defined in the granted quality warranty, it suffices to send Goods defects notifications prior to the expiry of those deadlines via e-mail letter or recorded delivery.
  6. If Goods defects become apparent during the term of the warranty and are covered by the warranty, the Client should demand physical defects to be remedied or for Goods free of defects to be supplied in accordance with the warranty granted by the entity responsible on account of the warranty.
  7. Unless some other deadline is specified in the warranty, the deadline shall be taken to mean one year from the date the Goods were handed over to the Purchaser.
  8. No warranty is given on goods delivered electronically. (e.g. Licenses, Software)
  9. If, during the warrantee consideration process it turns out that damage occurred for reasons attributable to the Client, the Seller shall be entitled to charge all costs associated with considering the warranty to the Client.

10 Terminating a service agreement

  1. The Client may terminate a Service agreement without indicating the reasons by sending an appropriate declaration, and in particular via e-mail or in writing to the Sellers address.
  2. The Service Provider may terminate a Service agreement with immediate effect and without indicating reasons by sending an appropriate declaration to the Service Buyer.

Resolution of disputes

  1. Resolution of possible disputes arising between the Service Provider and the Client shall be adjudicated by a court with jurisdiction over the Service Provider’s registered address.