Terms of Purchase of Product

Parties to these Terms of Purchase of "Cashless" Product are "Cashless" LTD, a company established under UK law, registered with the Business Register.

Subject of the Agreement

This Agreement regulates the online sale, payment, delivery, and the right of return of any model of "Cashless" Terminal and other related accessories and products (referred to as “Product/s”) purchased by you via the online store on cash-less.net

By clicking “Accept”, “Agree”, “Confirm” or similar, where this option is made available to you at the checkout of the "Cashless" online store at cash-less.net and which you hereby adopt as an electronic signature for your consent, you agree to the present Terms of Purchase in an electronic form. You agree such electronic signature, when affixed to these Terms, shall be deemed to be an original signature, and shall have the same binding force and effect as a handwritten signature.

Be advised that by accepting these Terms of Purchase you do not automatically become an eligible user of "Cashless" Service. These Terms do not regulate the provision of payment and electronic money services under the brand "Cashless". "Cashless" Service is subject to the terms and conditions outlined in a separate Legal Agreement for "Cashless" Service, available on cash-less.net under Section Legal.

  1. Terms of Sale
    1. To be eligible to purchase "Cashless" products at cash-less.net you need to: (i) have your business based in the United Kingdom; (ii) have the full legal capacity to enter into a contract; (iii) not be present on any black or sanctions lists, adopted by supervisory authorities, international organisations, card schemes or other regulatory bodies; and (iv) use the "Cashless" product for your legal business or professional activity.
    2. To use the purchased "Cashless" Terminal for accepting card payments you are required to sign up for "Cashless" Service, agree to the Legal Agreement for "Cashless" Service and complete the customer due diligence procedures, carry out by the licensed payment service provider of "Cashless" Service.
    3. The act of purchasing a Product from our online store does not guarantee that you will qualify as an eligible client for the "Cashless" Service. You acknowledge and accept that the Product may allow you technically to avail of the payment and e-money services, part of the "Cashless" Service, subject to strict regulatory rules. For that reason, the payment service provider may request additional information from you before or after delivery of the product or during the time of its activation. We shall not be held responsible if, for any regulatory reasons, the payment service provider rejects you to become a client of the "Cashless" Service and does not allow you to activate the "Cashless" Terminal.
  2. Order
    1. All Orders are subject to availability and confirmation of the order price.
    2. Product Description: We attempt to be as accurate as possible. However, we do not warrant that the product descriptions or other content at cash-less.net are accurate, complete, reliable, current, or error-free. If a product offered by us itself is not as described, your sole remedy is to return it in unused condition.
    3. To make a valid Order, you must indicate the type and quantity of ordered products, a valid address for delivery ("shipping address") in the United Kingdom and invoice details, as well as other information requested by us online purchase.
    4. When the Order is submitted and paid, you will receive a confirmation which will contain details regarding the placed Order such as name and type of the product ordered, number of the products ordered, single price of the product ordered, total price of the product ordered, including VAT and shipping costs, etc.
    5. When placing an Order, you undertake that all details you provide to us are true and accurate, that you are an authorised user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. Invalid or incomplete orders shall not be processed by us.
    6. The order may not be completed if:
      • The Product/s you chose is out of stock;
      • No payment is made by you or you have not specified the payment method;
      • You have specified the wrong or incomplete shipping address;
      • You have not provided all the required information including a valid mobile number and/or a valid e-mail address.
  3. Payment. Property right
    1. You must pay in advance for any purchased Product via one of the payment methods accepted by us as described in the online store. All the prices that appear at cash-less.net are VAT-excluded unless stated otherwise. We are entitled to change the prices of the types of "Cashless" Terminals at our sole discretion without prior notification to you.
    2. The total price of the ordered product/s will include VAT and the shipping fees. You will be provided with a detailed invoice with a breakdown of all fees and costs.
    3. While we try and ensure that all details, descriptions and prices that appear on cash-less.net are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered you will be informed of this as soon as possible and you will be given the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.
    4. The Product remains our property until you pay us the full price, including shipping costs (if applicable) via some of the accepted methods of payment at which point the property of the Product is assigned to you.
  4. Delivery
    1. We shall ship the Product that you ordered to the address that you have specified when submitting the Order.
    2. We shall ship the ordered products, within a reasonable period and subject to availability of types and quantities kept on stock at the time of order. In case the ordered products cannot be shipped within а reasonable term (more than 30 days), we shall inform you promptly. However, dispatching time may vary depending on the available stock on the performance of the postal/courier services delays, or on force majeure events for which we shall not be held responsible.
    3. You are obliged to accept the shipment of products on time at the shipping address specified by you. In cases where the ordered product is returned to us after it reached your address but was not handled due to your absence or any other failure on your behalf to receive it, you accept that any costs incurred for storage, return and new shipment to your address shall be covered by you.
    4. It shall be considered that delivery is duly performed and the Products handed over correctly if we deliver the packages to a person found on the shipping address, who has the appearance to be authorised to receive the delivery.
    5. Upon receipt of the Product/s you are obliged to check without delay the integrity of the shipment.
  5. Return of the order. Warranty
    1. For all matters related to the return of the Product the Return Policy shall apply accordingly.
    2. "Cashless" warrants that on delivery and for a period of twelve (12) months from the date of delivery, the Product shall be free from any material defects in design, material and workmanship by the applicable statutory provisions. For further regulation of the warranty, you may review the Return Policy.
  6. Additional "Cashless" Software & Hardware Terms and Conditions
    1. Use of the "Cashless" software & hardware (“Our Software & Hardware”). You may use Our Software & Hardware solely to enable you to use and enjoy the myPOS Services. You may not incorporate any portion of Our Software & Hardware into your programs or hardware/devices or compile any portion of it in combination with your programs, transfer it for use with another service, or sell, rent, lease, lend, loan, distribute or sub-license or otherwise assign any rights to Our Software & Hardware in whole or in part. You may not use Our Software & Hardware for any illegal purpose. We may cease providing any of Our Software & Hardware and we may terminate your right to use any of Our Software & Hardware at any time. Your rights to use Our Software & Hardware will automatically terminate without notice from us if you fail to comply with any of these Terms of Purchase or with the Legal Agreement for "Cashless" Service. Additionally, third-party terms contained within or distributed with certain Software & Hardware that are specifically identified in related documentation may apply to Our Software & Hardware (or software incorporated with our Software & Hardware) and will govern the use of such software in the event of a conflict with the present Terms of Purchase. All software used in any "Cashless" Service is our intellectual property or property of our affiliates or our licensors and is protected by the EU and international IP laws.
    2. Third-Party Service Providers. When you use the "Cashless" Software & Hardware, you may also be using the services of one or more third-party service providers. Your use of these third-party services may be subject to the separate policies, terms of use, and fees of these third parties.
    3. No Reverse Engineering. You may not, and you will not encourage, assist or authorise any other person to copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with Our Software & Hardware, whether in whole or in part, or create any derivative works from or of Our Software & Hardware.
    4. Updates. To keep our Software up-to-date, we may offer automatic or manual updates at any time and without notice to you.
  7. Prohibitions when visiting our website
    1. You must not misuse the website from which you purchase "Cashless" Terminal –cash-less.net (“Website”). You will not: commit or encourage criminal offences; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; annoy other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offence and we will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
    2. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.
  8. Intellectual Property, Software and Content
    1. The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website remain our property or property of our licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by us or our licensors. You may store, print and display the content supplied solely for your personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.
  9. Indemnity
    1. Parties shall be liable for any direct harm that results from the deliberate or grossly negligent violation of these Terms of Purchase by any of the Parties or any of its affiliates by the applicable statutory provisions. "Cashless" shall not be liable for any indirect harm.
    2. Force Majeure. We shall be exempt from any obligations under these Purchase Terms if completion of these obligations is hampered due to any circumstances that are outside of our control and that could not reasonably have been foreseen.
  10. Variation
    1. We shall have the right in our absolute discretion at any time and without notice to amend, remove or vary the content, products and offers that appear on the "Cashless" online store.
  11. Complaints
    1. We operate complaints handling procedures which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.
  12. Privacy Policy
    1. Our privacy policy, which sets out how we will use your information, can be found at cash-less.net, Section GDPR.
  13. General Terms
    1. Disclaimer as to ownership of trademarks, images of personalities and third party copyright: Except where expressly stated to the contrary all persons (including their names and images), third-party trademarks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with us you should not rely on the existence of such a connection or affiliation. Any trademarks/names featured on this Website are owned by the respective trademark owners. Where a trademark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to us.
    2. If any part of the Terms of Purchase is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Purchase will not be affected by all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.
    3. The above Terms of Purchase constitute the entire agreement of the parties and supersede any preceding and contemporaneous agreements between you and us.
    4. Access to this Website is permitted temporarily, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.
    5. This Website may contain links to other websites (the "Linked Sites"), which are not operated by us. We have no control over the Linked Sites and accept no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of use and service contained within each such site.
    6. The present contract and the relationship between both parties arising from it shall be governed by UK law. The place of general jurisdiction for any legal disputes under these Purchase Terms shall be the City of London, UK.

    Definitions

    "Product" means a hardware "Cashless" device included in a special package which may also contain original manufacturer accessories, such as cables, charger and a battery, Technical Specifications, Quick User Guide and Activation Instructions. Products may also be separate accessories as the Client selects them during the ordering process on the online store;

    "Cashless" Terminal" means the "Cashless" terminal, included in the "Cashless" package, enabled to acquire payments everywhere and not fixed to a certain business location, which uses an Internet connection to operate. We provide a range of "Cashless" terminals with different characteristics communicating via Bluetooth, Wi-Fi, USB, and GPRS, with or without a receipt printer, with or without apps, as available on the website. The Technical Specification for the specific type of mobile terminal is included in each "Cashless" package and provided on the website for the Service.

    "Service", "Cashless" Service", means the e-money and payment services for acquiring payments with cards with the logo of the Mastercard, Visa or other card schemes and settlements of the proceeds to an e-money account of the Client. "Cashless" Service is designated for merchants so that they may accept card-present and card-not-present payments. "Cashless" Service is regulated by a separate Legal Agreement for "Cashless" Service available at cash-less.net.