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1
Who we are and what these terms cover
1.1
These terms apply when you buy products for delivery to an address in the European Union, Monaco or the United Kingdom through the online store of a brand that has appointed an OpenBorder company to sell its products there (the "Brand"). The Brand is named on the store you are using and in your order confirmation.
EU & MONACO
1.2
The seller is OpenBorder Global NL B.V., a private limited company incorporated in the Netherlands, registered with the Dutch Chamber of Commerce under number [number], with its registered office at Hoevenseweg 41, 4877 LA Etten-Leur, Netherlands, VAT identification number NL861952790B01.
UNITED KINGDOM
1.2
The seller is OpenBorder Global UK Ltd, a company registered in England and Wales under company number 15068267, with its registered office at 71-75 Shelton Street, Covent Garden, London WC2H 9JQ, VAT registration number GB 448003218.
1.3
In these terms "OpenBorder", "we" and "us" mean the seller for your delivery address. You can reach us at support@openborder.com or by post at the address above. The Brand's customer care team also handles order queries on our behalf (section 10).
1.4
The Brand's own website terms govern your use of its website, your customer account, its subscription programme, and its privacy and marketing practices. If the Brand's terms conflict with these terms for a sale covered by these terms, these terms apply to that sale.
1.5
Products are sold for personal and household use only, not for resale.
2
How we sell
2.1
We sell to you in our own name and for the account of the Brand. Your contract of sale is with us, not with the Brand. We are responsible to you for the sale, for delivery, for your right to cancel and for the legal guarantee that the products conform to the contract.
2.2
The Brand is the trader for whose account we sell. It remains the owner of the products until they are delivered to you, and it is the manufacturer responsible for the products under product safety law. The Brand's legal name and address are stated in your order confirmation.
2.3
We import the products into the country of sale in our own name as importer of record and we account for the VAT on your purchase (section 4).
3
Your order and when the contract is formed
3.1
The products, prices and order button shown on the Brand's website are an invitation to you to make an offer. By completing checkout you offer to buy the products listed in your order from us at the price shown.
3.2
The Brand operates the website and checkout and takes your order on our behalf. We accept your offer, and the contract between you and us is formed, when the order confirmation is sent to the email address you gave at checkout. The order confirmation names us as the seller, names the Brand as the party for whose account we sell, and includes a copy of these terms.
3.3
We may decline or cancel an order before dispatch, for example if a product is unavailable, the price or description shown was obviously wrong, payment has not been received or has been reversed, or the order appears to be fraudulent or placed for resale. If we cancel an order, we refund any amount you have paid for it.
3.4
If you buy on a subscription offered on the Brand's website, each renewal is a new order placed with us on the renewal date under the terms in force at that time, and is accepted when the renewal confirmation is sent. You set up, change and cancel the subscription as described in the Brand's subscription policy, and you can cancel at any time before the next renewal date. Each renewal order carries its own 14-day cancellation right under section 7.
4
Prices, VAT and customs duties
4.1
Prices are shown in the currency selected at checkout. Any delivery charge is shown before you confirm your order. The total shown at checkout is the total you pay. You will not be asked to pay VAT, duties or clearance charges on delivery.
EU & MONACO
4.2
Prices include VAT at the rate applicable in the country of delivery. We import the products into the European Union in our own name as importer of record and account for the import VAT and any customs duties, which are included in the price. We account for the VAT on your purchase to the Dutch tax authority, including through the EU One Stop Shop for deliveries to other EU countries.
UNITED KINGDOM
4.2
Prices include UK VAT. We import the products into the United Kingdom in our own name as importer of record and account for the import VAT and any customs duties, which are included in the price. We account for the VAT on your purchase to HM Revenue and Customs.
4.3
If you need a receipt showing the VAT charged, ask us or the Brand's customer care and we will provide one.
5
Payment
5.1
You pay at checkout using the payment methods offered on the Brand's website. The Brand and its payment service provider collect your payment on our behalf. Your payment obligation to us is discharged when they receive your payment. The charge may appear on your card or bank statement under the Brand's name or under the name of its payment provider.
5.2
Refunds are made to the payment method you used, through the same channel, and will appear under the same name.
5.3
If a payment is reversed after the products have been dispatched and you keep the products, the amount reversed remains due to us and we, or the Brand on our behalf, may recover it.
6
Delivery, risk and ownership
EU & MONACO
6.1
We deliver from our warehouse in the Netherlands to the delivery address you gave at checkout, using a carrier chosen by us.
UNITED KINGDOM
6.1
We deliver from our warehouse in the United Kingdom to the delivery address you gave at checkout, using a carrier chosen by us.
6.2
Delivery times shown at checkout are estimates. Unless we have agreed a specific date with you, we deliver within 30 days of the order confirmation. If we do not, you may give us a further reasonable period and, if we still have not delivered, cancel the order and receive a full refund.
6.3
The risk of loss of or damage to the products passes to you when you, or a person you have named other than the carrier, take physical possession of them.
6.4
Ownership of the products passes to you at the same moment as the risk. It passes to you directly from the Brand under our sale, and the Brand remains the owner until then. We do not become the owner of the products at any point.
6.5
If a parcel is returned to us because the address was incomplete or the parcel was not collected, we will contact you to arrange redelivery or a refund of the price of the products.
7
Cancelling your order within 14 days
7.1
You may cancel the contract without giving a reason within 14 days after the day on which you, or a person you named other than the carrier, received the products. If an order is delivered in several parcels, the period runs from the day you received the last parcel. For a subscription, each renewal order has its own 14-day period from the day you receive that delivery.
7.2
To cancel, send us a clear statement before the period ends: by email to support@openborder.com, by email to the Brand's customer care at the address shown in your order confirmation (which receives cancellation notices on our behalf), or by using the model form in section 15. You do not have to use the form.
7.3
Send the products back to the return address we give you without undue delay and no later than 14 days after the day you told us you were cancelling. You pay the direct cost of returning the products unless we or the Brand have offered free returns for your order. You are liable only for any reduction in the value of the products caused by handling beyond what is needed to establish their nature, characteristics and functioning.
7.4
We refund all payments received from you for the order, including the standard delivery charge, without undue delay and no later than 14 days after the day we are informed of your decision to cancel. We may withhold the refund until we have received the products back or you have supplied evidence that you have sent them back, whichever is earlier. We refund to the payment method you used, at no cost to you.
7.5
The right to cancel does not apply to:
(a)
Sealed products that are not suitable for return for health protection or hygiene reasons once unsealed after delivery, such as opened food supplements, opened powders or sachets, and unsealed cosmetic or oral care products;
(b)
Products liable to deteriorate or expire rapidly;
( c)
Products made to your specifications or clearly personalised.
Products whose seal is intact can be returned.
7.6
The Brand may offer a satisfaction guarantee or free returns on its website. That is a commercial guarantee given in addition to your legal rights and does not limit them. Claims under it are handled by the Brand's customer care on our behalf and refunded through the same channel as section 5.2.
EU & MONACO
7.7
This section gives effect to your right of withdrawal under Directive 2011/83/EU as implemented in the country of delivery.
UNITED KINGDOM
7.7
This section gives effect to your right to cancel under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
8
If a product is faulty or not as described
8.1
Products must match their description, be of satisfactory quality, be fit for their normal purpose, and be delivered with any accessories and instructions you can reasonably expect. We are responsible to you if they are not.
EU & MONACO
8.2
We are liable for any lack of conformity that exists when the products are delivered to you and becomes apparent within the period set by the mandatory law of your country of residence, and in any case for at least two years from delivery.
8.3
If a product is not in conformity, you are entitled to have it replaced or, where possible, repaired, free of charge and within a reasonable time. If that is not possible, is not done, or would be disproportionate, you are entitled to a proportionate price reduction or to end the contract for the affected products and receive a refund. We bear the cost of returning non-conforming products.
8.2
A lack of conformity that becomes apparent within one year of delivery, or within any longer period set by the law of your country of residence, is presumed to have existed at delivery unless it is shown otherwise or the presumption is incompatible with the nature of the product or of the defect. Tell us or the Brand's customer care as soon as you reasonably can after you discover a problem; under Dutch law, notice given within two months of discovery is always in time.
UNITED KINGDOM
8.2
Under the Consumer Rights Act 2015 you may reject a product that does not conform and receive a full refund within 30 days of delivery. After that, you may ask for a repair or replacement, and if that fails or cannot be done within a reasonable time, you may claim a price reduction or reject the product and receive a refund. We bear the cost of returning non-conforming products.
8.3
A fault that becomes apparent within six months of delivery is presumed to have existed at delivery unless it is shown otherwise or the presumption is incompatible with the nature of the product or of the fault. Your rights last for the time allowed under the Limitation Act 1980 (six years in England and Wales and Northern Ireland; five years in Scotland under the Prescription and Limitation (Scotland) Act 1973).
8.5
Nothing in these terms limits any rights you have directly against the Brand as manufacturer, including under a commercial guarantee the Brand gives and under product liability law.
9
Our liability
9.1
We do not exclude or limit our liability where it would be unlawful to do so. In particular, nothing in these terms limits our liability for death or personal injury caused by our negligence, for fraud, for breach of your rights under section 8, or under product liability law.
9.2
Subject to section 9.1, we are liable for loss or damage you suffer that is a foreseeable result of our breach of these terms or of our failure to use reasonable care and skill. We are not liable for business losses, because we supply the products for private use only.
10
Customer service and complaints
10.1
The Brand's customer care team, whose contact details are in your order confirmation, handles order questions, returns, cancellations and complaints on our behalf. You can also contact us directly at support@openborder.com or at our postal address in section 1. We aim to respond within five business days.
EU & MONACO
10.2
If we cannot resolve a complaint with you, you may refer it to an alternative dispute resolution body in your country. We will tell you whether we agree to take part in that procedure.
UNITED KINGDOM
10.2
If we cannot resolve a complaint with you, you may refer it to a certified alternative dispute resolution body. We will tell you whether we agree to take part in that procedure. You can also contact Citizens Advice for free guidance.
11
Personal data
11.1
The Brand collects your personal data at checkout and is responsible for that processing as described in its privacy policy. We receive the data needed to perform this contract (your name, delivery address, contact details and order details) and process it to deliver your order, to handle returns, cancellations and complaints, and to meet our customs, tax and record-keeping obligations. Our privacy notice is at openborder.com/privacy-policy.
12
Events outside our control
12.1
We are not liable for a failure or delay in delivering your order caused by an event outside our reasonable control, including carrier disruption, customs delays not caused by us, strikes, severe weather, or acts of public authorities. We will tell you as soon as we can and deliver when the event ends.
12.2
If the delay lasts more than 30 days, you may cancel the affected order and we will refund any amount you paid for it.
13
Other terms
13.1
The terms that apply to your order are the version published when you placed it. We may update these terms for future orders.
13.2
We may transfer our rights and obligations under the contract to another OpenBorder group company or to a successor to our business, provided this does not reduce your rights. We will inform you of any transfer.
13.3
If any part of these terms is found invalid or unenforceable, the rest continues to apply.
13.4
These terms are written in English. Where the law of your country of residence requires these terms to be provided in your language, the version in that language applies to you.
14
Governing law and courts
EU & MONACO
14.1
These terms and your contract with us are governed by the law of the Netherlands. If you live in another EU country, you also keep the protection of the mandatory consumer protection rules of that country.
14.2
You may bring a claim against us in the courts of the Netherlands or in the courts of the EU country where you live. We will bring a claim against you only in the courts of the country where you live.
UNITED KINGDOM
14.1
These terms and your contract with us are governed by the law of England and Wales. If you live in Scotland or Northern Ireland, you also keep the protection of the mandatory consumer protection rules of that part of the United Kingdom.
14.2
You may bring a claim against us in the courts of England and Wales or, if you live in Scotland or Northern Ireland, in the courts there. We will bring a claim against you only in the courts of the part of the United Kingdom where you live.
15
Norway and Switzerland
15.1
For orders delivered in Norway or Switzerland the seller is OpenBorder Global NL B.V. (section 1), and the sale is an export from the Netherlands. Unless import VAT and duties are shown and collected at checkout, you are the importer of the products and any import VAT, duties or clearance charges are collected from you by the carrier on delivery.
15.2
Sections 7 and 8 apply to these orders in the same way as to orders delivered in the European Union, and section 14 applies as for the European Union.
OpenBorder Global NL B.V. and OpenBorder Global UK Ltd are subsidiaries of OpenBorder, Inc., 1317 Edgewater Drive, Suite 6010, Orlando, Florida 32804, United States. These terms apply only to sales made for the account of a Brand in the way described in section 2; OpenBorder's other sales terms apply to its other sales.
