Online Sale Terms
1. About AP-Linux web shop
Your purchase of goods from shop.ap-linux.com “website” is subject to these Terms and Conditions
Terms (collectively referred to herein as “Terms”. If you do not accept these Terms, you must refrain
from using this website or making a purchase from this website.
shop.ap-linux.com is a website operated by Cold Finger Systems (Ireland) Limited (“us”, “our”, “we”,
“Cold Finger Systems”, “CFS”). We are a limited liability company registered in Ireland under company
number 576781 and have our registered office at 3 Grove Hall Grove Avenue Blackrock, Co. Dublin.
Our VAT number is 3403383TH.
The goods and services described in this website are from Cold Finger Systems and their partners.
You and CFS may enter into a sale contract for the sale and supply of goods or services described
in this website, by you making an offer to CFS via the website, to purchase the goods and services
at the specified price, subject to these Terms.
In these Terms:
“you”, “user”, “member” and “guest” means anyone who visits and/or uses this website reference to
a “third party” in these Terms includes a reference to any agent or contractor of CFS, or of any of its
related entities, and any person engaged by any of them, in the creation, provision or maintenance
of the website or in the fulfillment of orders made through the website, and includes any of them a
reference to the “website” means shop.ap-linux.com. “Order” means an offer made by you in response
to an invitation to treat made by CFS via the website.
2. User Agreement
By accessing and/or using the website, you accept these Terms and agree to be bound by them, and an
agreement is formed between us and you. These Terms may be amended at any time without notice and
your access to this website may be terminated at any time without notice. Your continued use of the
website following any amendment of these Terms will represent an agreement by you to be bound by these
Terms as amended. We recommend you review the Terms for amendments each time you use the website
and before placing any Order. Whilst we are under no obligation to do so, should we choose to provide
you with notice of amended Terms, you agree to receive email notification of the amendments from us
or our third party.
3. Guests and Registered Users
You may access and/or use the website as a guest or as a member. To become a member of the website,
you must provide your name and address, telephone number, and a valid email address. If you do not
provide accurate and complete details we may not be able to activate your membership or supply goods
or services to you. You agree to keep your membership details current at all times by accessing your
account via the website.
You will receive an email from us as soon as practicable after you create your membership account.
We only permit one registration per email address. You must not use another member’s account without
permission. You must keep your password secure as you are responsible for any activity on your account.
You agree to notify us immediately if you become aware of any security breach or any unauthorised use
of your password or account.
If you forget your password you may click on the relevant link located on the website and we will email you
instructions how to reset your password, or you may contact us on email@example.com. We reserve the right to terminate a member’s account without notice for any reason whatsoever including without limitation, if you have breached or we suspect you have breached these Terms.
4. Legal Capacity
You must be eighteen (18) years of age or over to register as a member of the website or purchase goods or
services from the website. Any Order and/or purchase made by you using this website is an acknowledgement
by you that:
– You are over the age of eighteen (18) years
– You accept these terms
– You agree that you have entered into a legal contract with Cold Finger Systems in relation to these Terms
– These Terms, together with your Order, constitute the entire agreement between you and Cold Finger Systems
for the supply of goods or services
Audiophile Linux is property of Cold Finger Systems ltd. Claiming any type of intellectual or exclusive ownership
rights of this software is strictly prohibited. Our software is provided “as is” without warranty of any kind,
expressed or implied. We shall not be liable for any damages, including but not limited to, direct, indirect,
special, incidental or consequential damages or losses that occur due to the use or inability to use this software.
We recommend you carefully preview any proposed Orders before adding them to your shopping cart and
proceeding with your Order. Once an Order has been accepted by Cold Finger Systems, no cancellation of that
Order is valid unless you receive our written communication permitting the cancelled Order.
Representations of goods or services for sale made by Cold Finger Systems via the website do not constitute an
offer to sell but an invitation to treat. You and Cold Finger Systems may enter into a contract for the sale and
supply of goods or services by you making an offer via the website to purchase goods at the price advertised
on the website by:
– Placing an electronic Order for the goods or services using the website.
– You confirming the Order details in accordance with the procedure on the website.
– You making payment in full (plus any applicable delivery and handling charges) on the website
– The acceptance of that offer by Cold Finger Systems
When entering into a sale contract via the website, you will be taken to have communicated your offer to
purchase the good(s) or services only when:
– any and all requirements set out in these Terms have been met.
– the electronic instruction containing the offer from you enters and is recorded in our database
– a record is created and stored in our database
– Cold Finger Systems receives in its account full payment from you for the goods or services (including any
applicable delivery and handling charges) and confirmation of that payment is received by our database.
7. You acknowledge that:
The transmission of your offer or the confirmation of any payment, made through an electronic instruction may
not be received by Cold Finger Systems for reasons beyond either parties’ reasonable control including but not
limited to, electronic failure, mechanical, software, computer, or telecommunications failure, or the omission
or failure of third party website providers or systems.
To the fullest extent permitted by law, Cold Finger Systems is not liable to you in any way for any loss
or damage of any kind, however caused, arising directly or indirectly in connection with the transmission
of an electronic instruction through the website, or any failure to receive an electronic instruction for
Cold Finger Systems may act on and process all completed electronic instructions transmitted or issued through
the website without further consent from or reference to you.
Cold Finger Systems may treat an electronic instruction as authentic and is under no obligation to investigate
the authenticity or authority of persons issuing or transmitting such electronic instructions, or to verify the
accuracy and completeness of such electronic instructions.
8. You will receive an email from Cold Finger Systems as soon as practicable after you have confirmed your Order
and made payment. If you have any questions regarding your Order you may contact us at firstname.lastname@example.org.
Please note this email does not constitute acceptance of your Order by us but merely confirms our receipt of
9. If your Order is not accepted by Cold Finger Systems, Cold Finger Systems will notify you by telephone or
email and arrange for a full refund of any payment made by you to be processed.
10. Cold Finger Systems may, in its sole and absolute discretion, accept or reject any offer made by you for any
reason (or no reason), including an error in the advertised price for, or description of, goods or services on
the website, or an error of any kind in or relating to your Order
11. Any representations made at any time about stock availabilities are accurate to the last known stock level
and are subject to change. If Cold Finger Systems cannot supply particular goods, Cold Finger Systems will
notify you by telephone or email as soon as possible.
12. Prices shown are in Euros and include VAT where applicable. Prices may not include delivery and handling
charges. Prices are valid until amended or removed from the website and are subject to change at any time.
Images of goods shown without any advertised price beside that image are not offered for sale.
Unless otherwise stated, accessories shown in any image of goods are not included in the price.
We reserve the right to correct any errors published on the website at any time.
13. All payments must be made in full prior to delivery, including any applicable delivery or handling charges.
Payments must be made via the Stripe or PayPal secure payment gateways facilities accessible via the website
and will be subject to any additional terms and conditions of these providers.
14. Supply and Delivery
Subject to you complying with these Terms and acceptance of your Order by Cold Finger Systems, CFS will sell
and supply the goods or services to you as shown on your Order confirmation.
If the goods that you have Ordered are in stock, Cold Finger Systems and their supply partners will endeavor
to dispatch them within three (3) business days.
Goods may not be available for immediate delivery. Cold Finger Systems and their partners will endeavor to
deliver your Order to you within twenty eight (28) business days of the date you placed your Order, except
if the Order is for any customised goods.
Items of any customized goods which are not held in stock will be required to be ordered. You agree that your
Order for any item of any customised goods may take up to sixteen (16) weeks to be delivered to you from the
date you placed your Order. This timeframe is the average manufacturing lead time required by suppliers.
Cold Finger Systems will contact you on receipt of your Order to notify you of the indicative delivery date.
Other than in respect of Orders for and any customised goods, if Cold Finger Systems gives you notice that it
will be unable to deliver your Order within twenty eight (28) business days of receipt of your Order, due to
lack of stock, you may cancel your Order without charge, and Cold Finger Systems will arrange for a full refund
of any payment made by you to be processed.
Delivery dates are estimates only and we are unable to accept any liability for failure to deliver the goods
within the specified time resulting from shipment/delivery delays from our suppliers. If there is no one available to accept delivery on the pre-arranged delivery date, you will be charged for storage, transport and re-delivery costs.
You are required to inspect your goods when you take delivery of them. You will be required to note any damage
on the delivery documentation which is presented to you by the carrier for signature. In all other cases you
will be required to notify us in writing of any damage on delivery or shortages within three (3) days of
delivery. We will not be liable for any damage on delivery to any of the goods unless we are notified within
the time period specified above.
16. Payment and credit card fraud
To the fullest extent permitted by law, Cold Finger Systems and its related entities will not be responsible
for any damages or consequential losses of any kind (whether direct or indirect) suffered by a user where a
credit/debit card, PayPal account or other payment method is fraudulently used or is used in an unauthorised
or improper manner.
17. Disclaimer and Indemnity
To the fullest extent permitted by law (and without limitation to any other provision of these Terms), Cold Finger Systems, and each of its related entities, exclude all liability to you or anyone else for any and all loss or damage of any kind (however caused or arising) relating in any way to the website (or any goods or services purchased on the website) including, but not limited to, loss or damage you might suffer as a result of:
– errors, mistakes or inaccuracies on the website.
– you acting, or failing to act, on any information contained on or referred to on the website and/or any
– personal injury or property damage of any kind resulting from your access or use of the website.
– any unauthorised access to or use of the websites secure servers.
– any interruption or cessation of transmission to or from the website.
– any bugs, viruses, trojan horses or other harmful code or communications which may be transmitted to or
through the website by any third party.
– the quality or fitness for any purpose of any linked sites.
Without limitation to the foregoing, except as expressly provided in these Terms and to the fullest extent
allowed by the law, Cold Finger Systems and its third parties will not be liable for any direct, indirect,
special, incidental or consequential damages arising out of your access to or use of the website or any goods
or services purchased on it.
Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in
relation to the goods or services on the website. Any representation, condition or warranty which might be
incorporated into these Terms by statute, common law, the law of equity or otherwise is excluded to the fullest
extent permitted by law. In particular, we will not be responsible for ensuring that any goods or services are
suitable for your purposes.
You will at all times indemnify, and keep indemnified, Cold Finger Systems, and each of its related entities,
including their directors, officers, employees and agents from and against any loss (including reasonable legal
costs and expenses on a full indemnity basis) or liability incurred or suffered by you or by any of them arising
from any claim, demand, suit, action or proceeding by any person against you or them where such loss or
liability arose out of, in connection with or in respect of your conduct or any breach of these Terms
This clause is not intended to exclude or limit any rights which you may have under the Sale of Goods and
Supply of Services Act 1980.
18. Order Enquiries
If you have any query about the progress of your Order please contact us at email@example.com. Please have
your Order number handy as shown on the email confirmation of your Order.
19. Damaged or Faulty Goods
If any goods ordered by you arrives damaged or is not of acceptable quality you may have:
– legal rights and remedies in Ireland under the Sale of Goods and Supply of Services Act 1980 or any other applicable legislation.
– to have the goods repaired or replaced or to receive a refund of the price paid by you for the goods.
– If your Order arrives damaged, please contact us at firstname.lastname@example.org.
20. Your Right to Cancel Your Order (Right of Withdrawal)
20.1. Subject to the terms set out below, you have the right to cancel your Order and return the goods, anytime
before and up to fourteen (14) business days starting from the day after the goods are received by you,
provided the goods are in perfect condition and the packaging remains in an “as new” state, and provided that
a) You will be responsible for the cost of returning the goods to us. A full refund of the value of the goods
will be made upon our receipt of the returned goods.
b) Customised or personalised goods cannot be refunded or exchanged.
c) Order in digital format, software or music download, cannot be refunded or exchanged.
20.2. Other than as set out in clause 20.1, Cold Finger Systems will generally not provide you with a refund
or exchange simply because you changed your mind or the goods were not what you expected.
20.3. This clause is not intended to exclude or limit any rights which you may have under the European Directive
on Distance Selling (Directive 97/7/EC) or the EC (Protection of Consumers in respect of Contracts made by
means of a Distance Communication) Regulations 2001 as amended.
Should you wish to make a complaint, please contact us at email@example.com
22. Force Majeure
Cold Finger Systems will not be liable for any delay in performing any of their obligations if such delay
is caused by circumstances beyond their reasonable control, including but not limited to, failure of or
interruption in the provision of essential services such as electricity supply, bank payment systems or
23. Governing Law
The Irish courts will have non-exclusive jurisdiction over any claim arising from, or related to, a visit
to our website or any Order placed on the website, although we retain the right to bring proceedings against
you for breach of these conditions in your country of residence or any other relevant country. These Terms
are governed by Irish law.
If you access the website in a jurisdiction other than Ireland, you are responsible for compliance with the
laws of that jurisdiction, to the extent that they apply. Cold Finger Systems makes no representations that
the content of the website complies with the laws of any country outside Ireland.
If any part of these terms are found to be void, invalid, unlawful or unenforceable then that provision or
part will be deemed to be severed from these terms and the remaining terms and provisions of these terms will
remain in force and constitute the agreement between you and Cold Finger Systems.
25. Transfer and Assignment
If Cold Finger Systems merges, sells or otherwise changes control of its business or this website to a
third-party, Cold Finger Systems reserves the right, without giving notice or seeking consent, to transfer
or assign the personal information, content and rights that Cold Finger Systems has collected from you
and any agreements it has made with you.
Cold Finger Systems ltd, may occasionally send you emails related to the purchase of product(s) from our company.
We may also send you occasional email newsletters relating to software updates and promotions. We will never sell
or release your email to any third party vendors. You may opt out of these emails at any time without penalty.