Terms and Conditions

By using and placing an order for products through the AureusPOS.com website (the “Website”), telephone order, or in person order, you agree to the terms and conditions set forth below (the “Terms and Conditions”). The Terms and Conditions is a legally binding agreement made by and between Fortuna Software LP (“Fortuna Sotware”, “our,” “we” or “us”), and you, personally and, if applicable, on behalf of the entity for whom you are using the Website (“you” or “your”). The Terms and Conditions govern your use of the Website and the products and services we offer on the Website, including making purchases from Fortuna Software, making sales to Fortuna Software, and placing orders with Fortuna Software.

THESE TERMS AND CONDITIONS APPLY TO ALL ORDERS, PURCHASES, AND SALES, WHETHER MADE VIA THE WEBSITE, BY TELEPHONE, IN PERSON, OR OTHERWISE. YOU MUST READ AND ACCEPT ALL OF THESE TERMS AND CONDITIONS BEFORE PLACING AN ORDER TO PURCHASE AND/OR TO SELL WITH Fortuna Software. Fortuna Software STRONGLY ENCOURAGES YOU TO PRINT A COPY FOR FUTURE REFERENCE.

We may request that you submit certain personally identifiable information about yourself, including, but not limited to your first and last name, company, email address, telephone number, mailing address, billing address, shipping address, country of residence, credit card type, credit card number, credit card expiration date, and credit card security code. In addition, Fortuna Software may require you to submit to us copies of government issued identification. We may also gather certain types of non-personal information about your visit to protect the security of our members, the Website, or to make our products and services more beneficial to you. All information gathered from you by us will be governed by our Privacy Policy, which is hereby incorporated into these Terms and Conditions, by reference. In the event of a conflict between the terms set forth in these Terms and Conditions and our Privacy Policy, the terms of the Privacy Policy will control.

Please carefully review our Privacy Policy, regarding personal information provided by you, for further information regarding our data collection, use, and disclosure practices.

BY USING THE WEBSITE, YOU REPRESENT AND WARRANT, WITHOUT LIMITATION, THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU DO NOT UNDERSTAND OR DO NOT AGREE TO BE BOUND BY AND COMPLY WITH THE TERMS OF THIS AGREEMENT AND ANY OTHER SUPPLEMENTAL TERMS, DISCLOSURES, AND DISCLAIMERS, YOU MUST IMMEDIATELY LEAVE THE WEBSITE.

WE RESERVE THE RIGHT TO MAKE CHANGES TO THESE TERMS AND CONDITIONS AT ANY TIME AND YOU AGREE THAT WE MAY CHANGE THE TERMS AT ANY TIME. YOU AGREE FURTHER THAT WE MAY MAKE CHANGES TO THE WEBSITE AT ANY TIME IN OUR SOLE DISCRETION, FOR ANY REASON OR NO REASON AND WITHOUT PRIOR NOTICE TO YOU. YOU AGREE THAT IF YOU CONTINUE TO USE THE WEBSITE AFTER WE HAVE POSTED A CHANGE TO THESE TERMS AND CONDITIONS, THEN YOU ARE BOUND BY THE MOST RECENT VERSION OF THESE TERMS AND CONDITIONS.

By purchasing from, making sales to or ordering from Fortuna Software, whether by telephone, through the Website, in person, or otherwise, you are subject to all terms, policies, rules, restrictions, obligations, representations, and warranties, with which you hereby agree to comply.

Because this Agreement contains legal obligations, please read them carefully.

If you have any legal questions regarding these Terms and Conditions, please confer with your legal counsel.

Purchases, Sales, and Orders - Policies and Procedures

You may make purchases, sell to, and order from Fortuna Software only in accordance with these Terms and Conditions and accompanying policies and procedures. Upon placing an order to purchase or sell with Fortuna Software, you have entered into a binding and legally enforceable agreement. Prices and availability are subject to change, without notice.

When placing an order on the Website, the price at which your order is submitted is the guaranteed price. An “order number” will subsequently be forwarded to you via email and may be shown to you on the final website confirmation page. Your credit card information is required to guarantee all orders other than orders that are using a credit card as the payment method. In order to reserve your guaranteed price, your payment must be received by Fortuna Software within two (2) business days for wire payments or any payment method when “pick up in person” is selected as the delivery method. For orders that will be shipped and you are sending us a personal check, cashiers check, or money order, payments MUST be postmarked within one (1) business day of order placement and MUST be received within five (5) business days of order placement.

In most cases, orders will be canceled if payment is received after the allotted time frame. When an order is canceled, our market loss policy will go into effect and, in addition, a $45 cancelation fee will be applied. If we do choose to accept late payment, a $45 late payment fee will be applied and must be paid before the order can be picked up or shipped. There are no exceptions to this policy. If any order is in error, due to Fortuna Software’ fault or otherwise, we reserve the right to cancel the order.

When selling to Fortuna Software the price is guaranteed. As a general policy, the transaction may not be cancelled but may be offset at Fortuna Software’ current purchase price. Sales to Fortuna Software must be shipped within one (1) business day and you must contact Fortuna Software via email at info@aureuspos.com or telephone at 1-415-367-3524 to provide a tracking number so that we can confirm that the product has been shipped and is en route.

All products sold to Fortuna Software must be received by Fortuna Software within five (5) business days, else the customer will be charged any Market Losses as well as a $45 administrative fee. If Fortuna Software does not receive the product within five (5) business days but the delay is attributable to the carrier, Fortuna Software may extend the deadline, in its sole and absolute discretion.

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