OpenBorder

Local Fulfillment and Merchant of Record Services Terms and Conditions

Last updated: September 2, 2026

This page provides you information about OpenBorder, Inc. together with its subsidiaries (referred to as “OpenBorder”), and the terms and conditions (the “Terms”) on which we sell products in accordance with section 2.1 below through our website (“our site”) or the e commerce web-store, where the products or services were made available to you for purchase through the checkout (the “Product”), as applicable. These Terms will apply to any contract between us for the sale of Products to you (“Contract”). Before using the site, please read these Terms carefully and make sure that you understand them.

Please note that before placing an order or making a payment you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Products from our site or make any payments related thereto.

You should view, read and print a copy of these Terms or save them to your computer for future reference. We may amend these Terms from time to time as set out below. Every time you wish to order Products or use our site, please check these Terms to ensure you understand the terms which will apply at that time.

If the Terms contain special provisions that only apply to consumers in certain countries, the applicability of the respective provision depends on where the consumer has his habitual residence. This means, for example, that provisions that are intended to apply to consumers in the European Union, only apply to those consumers who have their habitual residence in a member state of the European Union.

These Terms are entered into force in the English language and governed by it. You agree that any translation, if provided, is available for your convenience only.

1. INFORMATION ABOUT US

1.1. We are OpenBorder, Inc.

We are OpenBorder, Inc., a company registered in the United States, with our registered office at 1317 Edgewater Drive, Orlando, Florida 32804.

1.2. Contacting us

1.2.1.

If you wish to contact us for any other reason, including because you have a complaint, please do so by e-mailing us at support@OpenBorder.com.

1.2.2.

If we have to contact you or give you notice in writing, we will do so by e-mail or by post to the address you provide to us in your order.

2. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US

2.1.

We contract with retailers worldwide pursuant to which OpenBorder is the appointed merchant of record, which enables us to sell retailer’s merchandise to you in your country.

2.2.

By placing an order with us through our site, you acknowledge that your transaction will be with us and not with the respective retailer. You further acknowledge that upon successful verification by us of the authenticity and sufficiency of the information you provide, we will then purchase the merchandise from the respective retailer for the sole purpose of immediately reselling it to you for the amounts presented and agreed-upon when you submitted your order.

2.3.

Our site will guide you through the steps you need to take to place an order and make a payment with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.

2.4.

You acknowledge that we shall be permitted to verify the authenticity and sufficiency of the information you provide, and if we are unable to verify the information automatically, our representatives may contact you and/or your debit or credit card issuing bank to confirm your identity and/or your intent to place the order.

2.5.

Please note that any Products made available through our site are intended for non-commercial use, and purchase of any Products for resale purposes is strictly prohibited. Any access or use of the checkout for any reason other than your personal, non-commercial use, is prohibited. You further acknowledge that any other use of the material and content of the checkout is strictly prohibited and you agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.

2.6.

By placing an order or making a payment through our site, you warrant that you are legally capable of entering into binding contracts. Your credit/debit card or other payment method will be billed by us and charges on your statement will be accompanied by the description “OpenBorder “, “OB”, or similar. You warrant that all the information provided to us for the purpose of processing payments is correct and you are authorized to utilize the proffered payment method. You acknowledge that we will be entitled to verify the authenticity and sufficiency of the payment information you provide. OpenBorder reserves the right to cancel your order at any stage, in the event that we are unable to verify the information you provide, or the payment method that you have selected. In the event of a cancellation by OpenBorder, we will refund you the full amount that you have paid.

2.7.

You acknowledge and agree that we, through our payment service provider, shall conduct pre-payment screening on you and the information you have provided. These checks are designed to prevent OpenBorder from conducting business with a sanctioned individual, entity or country in violation of any applicable laws and regulatory requirements in the territories we operate (including without limitation all customs laws and regulations and export and import controls administered by the U.S. government (including, but not limited to, the Export Administration Regulations under the U.S. Department of Commerce), the European Union and any other applicable jurisdiction).

2.8.

We provide the service of determining the appropriate taxes and duties to be applied to the importation of the Product by you, and to collect, report and remit these taxes and duties, as applicable, on your behalf, to the appropriate tax authority. For imports into the European Union and the United Kingdom, the resulting taxes and duties are included in your payment and are paid by OpenBorder and there are no additional costs. By accepting these Terms, you authorize OpenBorder to accept any additional claims for levies (additional assessment) from the relevant customs authorities. For certain non-European imports, you will be responsible for the remittance of taxes and duties to the appropriate tax authority. All Products purchased from us are made pursuant to a shipment contract. Title to the Products shall transfer from the relevant retailer to OpenBorder after exportation of the Products. Risk of loss in the Product passes to you when the Product is delivered to you.

2.9.

By ordering Products from us, you hereby authorize a licensed customs broker chosen by us to act as your agent and transact business with foreign revenue authorities to clear your Products, account for duties and taxes on your behalf, if applicable return your Products and if applicable, prepare and submit refund claims on your behalf for any merchandise that you return. Please note that this section 2.12 excludes customers in Canada; customers in Canada should refer to section 6.10.

2.10.

The price of your order will be quoted including or excluding taxes depending on the delivery address:

Products delivered within Canada will be quoted exclusive of sales tax; and
Products delivered within Europe will be quoted inclusive of value added tax.

Shipping costs are not included in the price; these will be added at the checkout and will be indicated as a separate charge on your order form (except, in circumstances where free shipping is offered). The price of Products may change as a result of exchange rate fluctuations regularly. The price of Products in your order will be the price at the time you actually placed such an order, as displayed to you on the checkout.

2.11.

There could be minor differences between the Products you eventually receive and their visual display on the site or checkout (e.g. in relation to appearance / color / texture / finish). Please read the descriptions and details of the Products before placing the order.

2.12.

OpenBorder takes reasonable care to keep the details of your order and payment secure, but (in the absence of material negligence) OpenBorder cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from the Product.

3. TERMS OF USE OF OUR SITE

3.1.

Please read these Terms of Use carefully before you place an order. By placing an order, you indicate that you accept these Terms of Use and that you accept and agree to abide by them. If you do not agree to these Terms of Use, please immediately cease all usage of this site.

3.2.

We do not guarantee that our site or any content on it will always be available or be uninterrupted. Access to our site is permitted on a temporary basis, and we reserve the right to withdraw, discontinue or change all or any part of the site without notice. We will not be liable to you if for any reason all or any of our sites are unavailable at any time or for any period.

3.3.

You are responsible for making all the necessary arrangements for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these Terms, and that they comply with them.

3.4.

We may revise these Terms at any time by amending this page. Please check this page from time to time to take notice of any changes we made, as they are binding on you.

3.5. Note to Consumers in Germany

Section 3.4 shall only apply to the extent any changes do not unreasonably disadvantage you. If changes are made, we will notify you within a reasonable period and inform you of your rights. You have the option to close your customer account at any time.

3.6.

Revisions to these Terms shall not impact this “Note to Consumers in Germany.”

3.7.

We may update our site from time to time and may change the content at any time. The special provisions for consumers in Germany under section 3.5 shall apply mutatis mutandis.

3.8.

Access to certain areas of our site is restricted. We reserve the right to restrict access to other areas of our site, or indeed the whole site, at our discretion.

3.9.

The use of our sites by a minor (an individual under 18 years of age) is subject to the consent of their parent or guardian and our Contract is with the parent or guardian, who is responsible for the minor's compliance. We advise parents or guardians who permit minors to use the site that it is important that they communicate with minors about their safety online, as moderation or vetting of advertisements is not guaranteed or fool-proof. Minors who are using any interactive service should be made aware of the potential risks to them.

3.10.

You must not use our site in any way that causes, or may cause, damage to the site or impairment of the availability or accessibility of the site; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity including but not limited to using our site to copy, store, host, transmit, send, use, publish or distribute any material; gaining unauthorized access to our site; collecting data from our site; sending unsolicited commercial communications via our site; and/or without limitation performing any act that is inconsistent with the purpose of this site: to take in and fulfil consumer orders.

3.11.

Where necessary we will report any breach of these Terms to the relevant law enforcement authorities and if and to the extent allowed under applicable data protection law, we will co-operate with those authorities by disclosing your identity and/or your personal information to them. In the event of such a breach, your right to use our site will cease immediately.

3.12.

We reserve all rights, title and interests in our and our affiliates' intellectual property rights including without limitation, any patents, trademarks, service marks, copyright, database rights, design rights, know-how, confidential information and any other similar protected rights in any country.

4. WHAT YOU AUTHORIZE US TO DO

4.1.

By using our site, you authorize us to process payments, refunds and adjustments for your transactions, remit funds to your bank account where applicable, charge your credit card or debit the account linked to your debit card, as applicable, and pay us and our affiliates any amounts you owe in accordance with these Terms.

4.2.

We may at any time require you to provide any financial, business or personal information we request to verify your identity. You will not impersonate any person or use a name which you are not legally authorized to use. You authorize us to verify your information (including any updated information) and to obtain an initial credit authorisation from your credit card issuer.

5. RETURNS

5.1.

Questions or complaints about your order should be directed to the Merchant in the first instance. OpenBorder may work with the Merchant as necessary to resolve your issue. The Merchant is authorised to allow for returns or refunds on orders in accordance with the Merchant’s policy.

6. RIGHT OF WITHDRAWAL (CONSUMERS IN THE EUROPEAN UNION)

6.1.

Subject to section 8.2 below, you may cancel your order for any reason without penalty for up to fourteen (14) days after the order has been received.

6.2.

Your right of cancellation shall only apply in circumstances where we are legally obliged to provide such a right to you in your respective jurisdiction.

THE RIGHT TO RETURN (OR EXCHANGE) PRODUCTS UNDER THIS SECTION DOES NOT APPLY TO PRODUCTS (I) MADE TO YOUR SPECIFICATION; OR (II) WHICH HAVE BEEN PERSONALISED; OR (III) WHICH BY REASON OF THEIR NATURE CANNOT BE RETURNED OR ARE LIABLE TO DETERIORATE OR EXPIRE RAPIDLY; OR (IV) WHERE SEALED PRODUCTS HAVE BEEN SUPPLIED WHICH ARE NOT SUITABLE FOR RETURN DUE TO HEALTH PROTECTION OR HYGIENE REASONS, IF THEY BECOME UNSEALED AFTER DELIVERY.

6.3. Withdrawal Policy

6.3.1. Note to Consumers in Germany

In the event of conflict between the German and the English translations of section 8.3, the German version shall prevail for consumers in Germany.

6.3.2. Right of withdrawal

You have the right to withdraw this Contract within fourteen days without giving any reason.

The withdrawal period is fourteen days from the date on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the goods.

To exercise your right of withdrawal, you must inform us (OpenBorder Inc. 1317 Edgewater Drive Orlando, Florida US 32804, or email suppoert@OpenBorder.com) of your decision to withdraw from this Contract. For this purpose, you may use the enclosed model withdrawal form, which is, however, not mandatory. You may also electronically fill in and submit the model withdrawal form or another clear statement on our website (a link to the Return Merchandise Cancellation Form will be included in your order confirmation e-mail and/or your Shipping Confirmation email]. If you make use of this option, we will send you confirmation of receipt of such revocation without delay (e.g. by e-mail).

In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

6.3.3. Consequences of the withdrawal

If you withdraw this Contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favourable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of this Contract. For this repayment, we will use the same means of payment that you used in the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment.

6.3.4. Model Withdrawal Form

If you wish to withdraw the Contract, please complete and return this Form to OpenBorder c/o OpenBorder Inc. on 1317 Edgewater Drive Orlando, Florida US 32804 or via email to support@openborder.com.

The form includes the following information:

I/We () hereby give notice that I/We () cancel my/our () contract of sale of the following goods ().
Ordered on () / received on ().
Name of consumer(s)
Address of consumer(s)
Signature of consumer(s) (only if this form is notified on paper):
Date

(*) Delete as applicable.

7. PRODUCT WARRANTIES AND OUR LIABILITY

Subject to deviating provisions under sections 9.7 and 9.8 for Consumers in Germany (for which solely the provisions in these sections 9.7 and 9.8 shall apply), the following applies with regard to product warranties and our liability:

7.1.

Any warranty related issues arising in respect of a Product should be communicated to the respective retailer's customer support team. In these circumstances, we will provide a refund or replace the product as appropriate and solely upon instruction from the retailer.

7.1.1.

For Product shipped internationally, please note that this warranty may not be valid in the destination, or you may have only a limited warranty valid in the destination. If the warranty is valid and not limited and if you reside in the EEA and you purchased your Product in the EEA, the warranty period is two (2) years from the date of purchase. Consumers in some jurisdictions may have legal rights under applicable national legislation governing the sale of consumer goods, including, without limitation, national laws implementing EU directive 2019/771. These rights are not affected by this limited warranty.

7.2.

ALL PRODUCT DESCRIPTIONS AND SPECIFICATIONS ARE PROVIDED TO US BY THE RETAILER. WE DO NOT WARRANT THE ACCURACY, RELIABILITY, OR COMPLETENESS OF SUCH DESCRIPTION OR SPECIFICATION. WE PROVIDE NO WARRANTIES, GUARANTEES OR COVENANTS OF ANY KIND RELATING TO THE FITNESS, QUALITY, SAFETY, OR INABILITY TO USE, OR INABILITY TO HAVE REPAIRED OR SERVICED, ANY PRODUCT PURCHASED BY YOU. TO THE MAXIMUM EXTENT ALLOWED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO FITNESS, QUALITY, OR SAFETY OF THE PRODUCT, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TO THE FULLEST EXTENT PERMITTED AT LAW, WE WILL NOT BE LIABLE (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO NEGLIGENCE), OR UNDER ANY STATUTORY IMPLIED TERM) FOR ANY DAMAGES OF ANY KIND INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL AND CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF REVENUE OR LOSS OF DATA) ARISING OUT OF OR IN CONNECTION WITH ANY PRODUCTS PURCHASED OR OBTAINED, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. OUR MAXIMUM LIABILITY TO YOU IS THE AMOUNT CHARGED TO YOUR CREDIT CARD OR OTHER FORM OF PAYMENT. DESPITE ANYTHING ELSE CONTAINED IN THESE TERMS. NEITHER PARTY EXCLUDES ANY LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT ONLY THAT IT ARISES AS A RESULT OF THE NEGLIGENCE OF THAT PARTY, ITS EMPLOYEES, AGENTS OR AUTHORIZED REPRESENTATIVES.

7.3.

To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied.

7.4.

We will not be liable to any user for any loss or damage arising under or in connection with:

use of, or inability to use, our site; or
use of or reliance on any content displayed on our site.

7.5.

We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our sites or to your downloading of any content on it, or on any website linked to it.

7.6.

We assume no responsibility for the content of websites linked on our sites. Such links should not be interpreted as an endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

7.7. For Consumers in Germany

7.7.1.

Regardless of deviating provisions in this section 9, the German consumer’s statutory warranty rightsfor defects of goodsremain unrestricted and can thus be asserted by them within the scope of the legally mandatory scope to be granted by us.

7.7.2.

Regardless of deviating provisions in this section 9, the following applies with respect to liability provisions and limitations (both in manner and amount) for consumers in Germany:

7.7.2.1.

We shall be liable without limitation to the extent that the cause of the damage is based on an intentional or grossly negligent breach of duty by OpenBorder or a legal representative or vicarious agent of OpenBorder.

7.7.2.2.

Furthermore, we are liable for the slightly negligent breach of material obligations. Material obligations are obligations whose breach jeopardizes the achievement of the purpose of the contract or whose fulfilment makes the proper performance of the contract possible in the first place and on whose compliance you regularly rely. In this case, however, OpenBorder shall only be liable for the foreseeable damage typical for this type of contract. OpenBorder shall not be liable for the slightly negligent breach of obligations other than those specified in the preceding sentences.

7.7.2.3.

No limitation of liability shall apply in the event of injury to life, limb or health, for a defect following the assumption of a guarantee for the quality of the Product and for fraudulently concealed defects. Liability under the German Product Liability Act shall remain unaffected.

7.7.2.4.

Insofar as our liability is excluded or limited, this shall also apply to the personal liability of our employees, representatives and vicarious agents.

8. EVENTS OUTSIDE OUR CONTROL

8.1.

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in section 10.2.

8.2.

An “Event Outside Our Control” means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic, health crisis or other natural disaster, or failure of public or private telecommunications networks, backorder situations, out of stock, or delays caused by the retailer or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

8.3.

If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:

8.3.1.

You will be contacted as soon as reasonably possible to notify you; and

8.3.2.

Our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.

8.3.3.

You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days from the date of order. To cancel please contact us. If you opt to cancel, you will have to return any relevant Products you have already received (where applicable in accordance with these terms and conditions), and we will refund the price you have paid, including any delivery charges (where applicable).

9. PERSONALISED PRODUCTS

9.1.

The ability of OpenBorder to fulfil any personalised Order is subject to availability of:

the Product/stock;
the materials requested/required; and
the manufacturing time and/or the shipping time of any such Products may be affected due to Product or material constraints.

10. INDEMNITY

10.1.

You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these Terms, or arising out of any claim that you have breached any provision of these Terms.

10.2. For Consumers in Germany

10.2.1.

The foregoing indemnification provision in section 13.1 shall not apply if you are not responsible for the breach. In addition, the foregoing indemnification provision shall not apply if it is merely an allegation that you have breached a provision of these Terms, but a culpable breach on your part cannot be established.

11. BREACHES OF THESE TERMS OF USE

11.1.

Without prejudice to our other rights under these Terms, if you breach these Terms in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to our site, prohibiting you from accessing our site, blocking computers using your IP address from accessing our site, contacting your internet service provider to request that they block your access to our site if and to the extent allowed under applicable data protection law and/or bringing court proceedings against you.

12. OTHER IMPORTANT TERMS

12.1.

We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.

12.2.

This Contract is between you and us. No other person shall have any rights to enforce any of its terms.

12.3.

We only use your personal information in accordance with our Privacy Statement. Please take the time to read our Privacy Policy carefully, as it includes important terms which apply to you. To the extent permitted under applicable data protection law, particularly for the purpose of performance of the Contract, the retailer may also use your personal information, in accordance with their own separate Privacy Policy which can be found on their website.

12.4.

Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

12.5.

Nothing expressed or mentioned in or implied from these Terms is intended or shall be construed to give to any person other than the parties hereto any legal or equitable right, remedy or claim under or in respect to these Terms. These Terms and all of the representations, warranties, covenants, conditions and provisions hereof are intended to be and are for the sole and exclusive benefit of us, our affiliates and you.

12.6.

If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations.

12.7.

Please note that these Terms are governed by the law of the State of Delaware in the United States. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by U.S. law. You and we both agree that the courts of the U.S State of Delaware will have non-exclusive jurisdiction.

12.8.

As a consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these terms and conditions, including section 16.7, affects your rights as a consumer to rely on such mandatory provisions of local law.

12.9.

These Terms constitute the entire agreement with respect to the subject matter of the order. The contract in respect of any orders is concluded between you and OpenBorder or our affiliate acting on behalf of OpenBorder and may be officially concluded in the English language only, and that no public filing requirements apply.

12.10.

OpenBorder and the owner of the e-commerce store, as applicable, reserve the right to access, read, preserve, and disclose any information obtained in connection with the order, and your use of the checkout, as OpenBorder reasonably believes is necessary to:

(i) satisfy any applicable law, regulation, legal process, subpoena or governmental request;
(ii) enforce these Terms, including to investigate potential violations of them;
(iii) detect, prevent, or otherwise address fraud, security or technical issues;
(iv) respond to your support requests; or
(v) protect the rights, property or safety of OpenBorder, the e-commerce store owner or the public.

12.11.

The checkout may contain links to third-party stores or services that are not owned or controlled by OpenBorder. OpenBorder is not affiliated with, has no control over, and assumes no responsibility for the content, privacy policies, or practices of, any third-party Stores.

You:

(i) are solely responsible and liable for your use of and linking to third-party Stores and any content that you may send or post to a third-party store; and
(ii) expressly release OpenBorder from any and all liability arising from your use of any third-party store.

Accordingly, you are encouraged to read the terms and conditions and privacy policy of each third-party store that you may choose to visit.

12.12. For Consumers in the European Union

12.12.1.

If you are a consumer habitually resident in the European Union, you also enjoy the protection of the mandatory provisions of the law of your country of residence. In that case, you may choose to bring claims relating to these Terms arising from consumer protection standards in both Ireland and the member state of the European Union in which you have your habitual residence.