Buyer Terms
Effective
1. Who you are buying from
These Terms form the contract between you and:
Onbold Commerce Limited
Cyprus company number: HE497763
Cyprus VAT number: CY60401989J
Registered office: Prodromou 75, Oneworld Parkview House, 4th Floor, 2063 Nicosia, Cyprus
Support: support@onbold.com
Legal: legal@onbold.com
Onbold is the seller and Merchant of Record for your purchase. We buy the Product from the Supplier, or acquire the right to supply it, and resell it to you in our own name and for our own account.
The Supplier is identified at checkout and in your order confirmation. The Supplier develops, manufactures, owns, fulfils or operates the Product, as applicable, but is not the seller under your contract of sale with Onbold.
If Supplier Product Terms are shown at checkout, those terms govern only the Product matters stated in them, such as licence rights, acceptable use, Product support or a voluntary Supplier guarantee. These Terms govern the sale, including price, tax, payment, invoicing, delivery, subscriptions, cancellation, withdrawal, refunds and your statutory rights against the seller. If the documents conflict on those matters, these Terms prevail.
2. Orders, price and payment
The Product, price, applicable taxes, delivery charges, subscription terms and any other amount payable will be shown before you place your Order.
If you are a Consumer, the total price shown includes applicable transaction taxes and any charges we are required to disclose before purchase.
By placing your Order you make an offer to buy the Product on these Terms. A contract is formed when we send your order confirmation or, if earlier, when supply begins.
We may decline or cancel an Order where the Product is unavailable, information or pricing is materially incorrect, we suspect fraud or unlawful activity, or we are required to do so by law. If we have already charged you, we will refund the cancelled amount.
By providing a payment method you authorise Onbold and its payment providers to charge the amounts shown at checkout, including recurring charges for a Subscription.
We issue the invoice or receipt in our own name. Your card or payment statement may identify the charge in a form such as ONBOLD.NET*[SUPPLIER NAME].
3. Taxes, duties and location information
We calculate and collect transaction taxes based on the information available to us, including your location and, where relevant, your tax or VAT number.
You must provide accurate location and tax information. Business Buyers are responsible for providing a valid VAT or equivalent tax number where required.
For physical Goods shipped across a customs border, Onbold requires the shipment to be arranged so that customs duties, import taxes and carrier brokerage or handling charges are prepaid. You should not be required to pay an additional import charge on delivery. If you are asked to do so, contact us before paying where practical.
4. Supply and delivery
Digital Products
Digital Products are supplied when access, a licence key, a download or other agreed means of access is made available to you. The Supplier may host, operate or deliver the Product on our behalf.
Where Supplier Product Terms apply, the Supplier may enforce legitimate licence and acceptable-use restrictions. A Buyer who has paid Onbold must not lose access merely because of a payment dispute between Onbold and the Supplier.
Physical Goods
We will deliver Goods within the time shown at checkout and, for Consumers, within any maximum period required by applicable law.
For Consumer purchases, risk of loss or damage remains with us until you, or a person you nominate other than the carrier, take physical possession of the Goods, except where you independently chose a carrier that we did not offer.
If Goods are lost or materially damaged in transit, contact us and we will arrange the remedy required by applicable law. We and our service providers may use tracking information to monitor delivery and investigate problems. A shipment scan or payment to the Supplier does not by itself transfer risk to a Consumer or remove a remedy.
5. Subscriptions
Subscription cancellation, statutory withdrawal and a complaint about a faulty Product are distinct processes. Cancelling renewal does not automatically refund an earlier charge; a valid withdrawal from the relevant subscription contract is implemented without leaving future charges running contrary to that withdrawal.
If you buy a Subscription, the price, billing frequency, initial term and automatic-renewal terms will be shown before purchase.
Unless stated otherwise, a Subscription renews for successive periods until cancelled.
You may cancel through the cancellation facility made available by Onbold or by contacting support@onbold.com. Cancellation normally takes effect at the end of the paid period unless applicable law or the specific offer gives you an earlier right.
We may change a Subscription price for a future renewal by giving the notice required by applicable law. If you do not accept the new price, you may cancel before it takes effect.
If a recurring payment fails, we may retry it and may suspend future supply after giving you a reasonable opportunity to resolve the payment failure.
6. Consumer withdrawal rights
This section applies where consumer law gives you a distance-purchase withdrawal right, including qualifying EU and UK purchases, or where we expressly offer that right. Other purchases remain subject to applicable mandatory rights and any cancellation policy disclosed for the offer. Mandatory local rights and more favourable protections prevail. Product-specific exceptions are applied only where valid for your purchase.
This section applies only if you are a Consumer, meaning an individual acting mainly outside your trade or profession.
Unless an exception applies, you have a 14-day right to withdraw from a distance purchase without giving a reason.
Goods
For Goods, the withdrawal period normally runs from the day you, or a person you nominate other than the carrier, receive the Goods.
The withdrawal right cannot normally be waived merely by agreeing to immediate delivery. It may not apply to Products covered by a statutory exception, including customised or personalised Goods, rapidly perishable Goods, certain sealed hygiene products once unsealed, and other Products excluded by applicable law. Any applicable exception will be disclosed before purchase.
If you withdraw from a purchase of Goods, you must return them within the period required by law. The checkout or pre-contract information will tell you whether you or Onbold bears the direct return cost. We may withhold reimbursement until we receive the Goods or evidence that you returned them where the law permits.
Digital content supplied immediately
For qualifying digital content that is not supplied on a tangible medium, we may offer immediate supply before the 14-day period expires.
Where this applies, we will ask you before supply begins to expressly consent to immediate supply and acknowledge that you will lose your right to withdraw once supply begins.
You lose that right only where the requirements of applicable law have been satisfied, including any required confirmation of your consent and acknowledgement on a durable medium.
If those requirements are not satisfied, your statutory withdrawal rights remain unaffected.
Services and ongoing digital services started immediately
For a service or ongoing digital service, we may ask you to expressly request that performance begins during the 14-day withdrawal period.
Starting performance does not, by itself, immediately remove the withdrawal right. Where applicable law permits, you lose the right once the service has been fully performed, provided the required express request, consent and acknowledgement have been obtained.
If you withdraw after performance has begun but before the service is fully performed, you may be required to pay a proportionate amount for the service supplied up to the time you withdraw, where the conditions required by applicable law have been met.
Exercising the right
To withdraw, use the withdrawal function provided by Onbold or contact withdrawal@onbold.com with a clear statement that you are withdrawing.
The checkout and order confirmation will tell you if a Product is subject to a special withdrawal treatment or statutory exception. A conditional exception applies only when its conditions actually occur; opening ordinary packaging, removing a tag or using Goods is not by itself a universal withdrawal exception. An exception to change-of-mind withdrawal does not remove rights concerning faulty, misdescribed or undelivered Products.
Timing, returns and reimbursement
For services and digital content without a tangible medium, the period normally begins when the contract is concluded. Different rules apply to Goods delivered separately, in parts or as regular deliveries. Where one order comprises multiple Goods delivered separately, the relevant period normally begins on receipt of the last Good; regular deliveries over a defined period normally use the first delivery. Any mandatory extension applies, including where required withdrawal information was not supplied. Contact us if the date or treatment shown appears wrong.
You may notify withdrawal through the order portal, by an unequivocal email to withdrawal@onbold.com, or by post to our registered office. You do not need to use a particular form. No reason or return evidence is required merely to notify withdrawal, and you do not need the Supplier's approval. A timely notice received through support retains its original date even if the case is subsequently recorded in the portal.
Unless we offer collection or tell you no return is needed, send Goods to the return address we provide without undue delay and within 14 days after notifying withdrawal. Keep evidence of dispatch. We accept relevant evidence of sending the Goods back; a particular tracking service is not the only possible evidence. Merely creating a postage label does not establish dispatch. Tell us promptly if the return address or instructions cannot be used.
We reimburse the amount due without undue delay and within the applicable legal deadline, normally 14 days after your withdrawal notice. Where the law permits, we may withhold reimbursement until we receive the Goods or evidence you sent them back, whichever is earlier. We do not apply that hold where we offered to collect the Goods. Receipt of evidence does not create an automatic new 14-day refund period.
Reimbursement includes the original standard delivery cost where required. Any additional cost of a premium delivery option need not be reimbursed. For a permitted partial withdrawal, we account for the affected items, quantities, taxes, discounts and any delivery reimbursement due without reimbursing the same amount twice. Indivisible bundles and contracts are treated according to their applicable terms and mandatory rights.
We use the original payment method unless you expressly agree otherwise, without a reimbursement fee. Supplier settlement status or a lack of funds payable to the Supplier does not postpone a refund we owe you. We confirm receipt of your withdrawal and provide applicable next steps; we confirm a processed refund separately. A late return or disputed condition is assessed on its facts and does not automatically erase a timely withdrawal notice.
7. Product conformity and statutory remedies
We are the seller and remain responsible to Consumers for the statutory rights that apply to the Product.
Goods
Goods must conform to the contract and applicable mandatory law. If they do not, you may be entitled to repair or replacement and, where the applicable conditions are met, a price reduction or termination and refund.
Digital Products
Digital Products and digital services must conform to the contract and applicable mandatory law, including applicable requirements relating to functionality, compatibility, continuity and necessary updates. If they do not, you may be entitled to have the Product brought into conformity and, where the applicable conditions are met, a price reduction or termination and refund.
Your statutory rights are against Onbold as seller. We will not require a Consumer to pursue the Supplier first.
Any voluntary warranty or guarantee offered directly by the Supplier or manufacturer is additional to, and does not reduce, your statutory rights against us.
8. Refunds
We will provide any refund, price reduction or other remedy you are entitled to under applicable law and these Terms.
We may also choose to provide refunds or credits beyond your legal entitlement. Any such additional refund is discretionary and does not create an entitlement or precedent for future transactions.
Refunds are normally returned to the original payment method unless another method is agreed or required.
9. Suspension and cancellation by us
We may refuse, suspend or terminate supply where:
- payment is due and remains unpaid after reasonable notice;
- you materially breach these Terms or applicable Supplier Product Terms;
- we reasonably suspect fraud, misuse or unlawful activity;
- continuing supply would breach law, sanctions or an order of a competent authority; or
- the Product can no longer lawfully or reasonably be supplied.
If we stop a paid Product for reasons not attributable to you, we will provide the refund or other remedy required by applicable law and, where appropriate, a proportionate refund for an unused prepaid period.
10. Business Buyers
If you buy wholly or mainly for business purposes, you are a Business Buyer.
Consumer withdrawal rights do not apply to Business Buyers.
To the fullest extent permitted by law, Products supplied to Business Buyers are provided subject to the Product description and any applicable Supplier Product Terms, without other implied warranties.
For physical Goods sold to a Business Buyer, risk passes when the Goods are handed to the carrier unless otherwise agreed.
Nothing limits liability that cannot lawfully be limited. Subject to that:
- Onbold is not liable to a Business Buyer for indirect or consequential loss, or for loss of profit, revenue, business, goodwill, anticipated savings or business opportunity; and
- Onbold's aggregate liability arising from a Product is limited to the amount paid to Onbold for that Product during the 12 months before the event giving rise to the claim.
A professional or remote Service enrolled as a B2B Service is available only to Business Buyers. This restriction does not reclassify a consumer digital service as a business purchase.
11. Liability to Consumers
Nothing in these Terms excludes or limits any liability or remedy that cannot lawfully be excluded or limited, including liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, and mandatory Consumer rights relating to Product conformity or product liability.
Subject to mandatory law, we are responsible for foreseeable loss caused by our breach of these Terms or negligence.
12. Personal data
Onbold is the controller of the personal data we use for the transaction, including Buyer contact, billing, payment, location, tax, fraud-prevention and transaction information. See the Onbold Privacy Policy, linked from our websites, checkout and order portal. It also describes our use of delivery tracking, return evidence, consent records and dispute information.
The Supplier may separately control personal data relating to your account, Product use, fulfilment or Product support. Its privacy notice will apply to that processing.
13. Complaints
For questions about the purchase, payment, invoice, cancellation, refund, withdrawal, delivery or statutory rights, contact Onbold at support@onbold.com.
For Product-specific technical support or use questions, you may be directed to the Supplier.
Complaints may be sent to complaints@onbold.com. Nothing in this section limits your right to use any court, regulator or alternative dispute-resolution process available under applicable law.
14. Changes to these Terms
The version of these Terms in force when you place an Order governs that Order.
For an ongoing Subscription, we may make a material change for future supply by giving any notice required by applicable law. Where the law gives you a right to cancel because of the change, we will tell you in the notice.
15. General and governing law
These Terms are governed by the law of the Republic of Cyprus.
If you are a Consumer, this choice does not deprive you of mandatory protections that apply in the country where you habitually reside, and your rights to bring proceedings in a competent court are unaffected.
If you are a Business Buyer, the courts of the Republic of Cyprus have exclusive jurisdiction.
If any provision is unenforceable, the remainder continues in effect. A delay in enforcing a right is not a waiver.
The contract of sale is between you and Onbold. Except where Supplier Product Terms create separate Product-specific rights, the Supplier is not a party to this contract.
Withdrawal notices
You may notify Onbold of withdrawal by a clear statement sent to withdrawal@onbold.com, through the withdrawal function provided by Onbold, or by post to Onbold Commerce Limited, HE497763, Prodromou 75, Oneworld Parkview House, 4th Floor, 2063 Nicosia, Cyprus.
To help identify the purchase, your notice can include your name, order reference, the Products and quantities concerned, the order or receipt date, and contact details for our response. No reason or return evidence is required merely to notify withdrawal. The applicable timing, return and reimbursement provisions are set out in section 6.