TERMS & CONDITIONS OF SALE (INCLUDING PRE-ORDER TERMS)

Caligra Ltd is a company registered under the laws of England and Wales ("Caligra," "we," or "us"). Our company number is 14611566, registered address 86-90 Paul Street, London, England, EC2A 4NE.

Please read these Terms carefully before placing an order.

 By placing an Order or Pre-Order for the Product (as defined below), you (“Customer” or “you”) agree to be bound by these Terms. If you do not agree, do not place an Order.

1. DEFINITIONS

In these Terms (including Pre-Order Terms), unless the context otherwise requires:

1.1. “ACL” means the Australian Consumer Law, as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth).
1.2. “Balance” means the portion of the Price that remains payable by the Customer after the Deposit has been credited toward the Price.
1.3. “Business Day” means a day (other than a Saturday, Sunday, or public holiday) on which banks are open for general banking business in your country of residence.
1.4. “Cooling-Off Period” means the period of fourteen (14) days from the date of delivery of the Product (“Goods”) to the Customer.
1.5. “Customer” means the natural person or entity who places an Order (including a Pre-Order) for the Product via Caligra Ltd’s Website.
1.6. “Deposit” means the amount of US$99.00 (or local currency equivalent) paid at the time of placing a Pre-Order to secure the Customer’s reservation.
1.7. “EULA” means the End User License Agreement for the Software.
1.8. “Eligible Order” means an Order placed by a Customer who meets all the criteria set forth in Section 2 (Eligibility).
1.9. “EU Consumer Rights Directive” means Directive 2011/83/EU on Consumer Rights, as implemented by each Member State.
1.10. “Goods” or “Product” means the Caligra Ltd desktop computer “c100” (pre-installed with the proprietary Linux OS) listed on the Website at a Price of US$1,999.00 (or local-currency equivalent).
1.11. “Order” means the Customer’s request to purchase one (1) or more Products (including Pre-Orders) submitted via the Website.
1.12. “Order Confirmation” means the email from Caligra Ltd to the Customer confirming acceptance of an Order.
1.13. “Price” means the total price payable for the Product, inclusive of applicable taxes (unless otherwise stated) and any shipping or handling charges, as specified at checkout.
1.14. “Pre-Order” means a type of Order requiring payment of a Deposit to reserve a Product that has not yet shipped.
1.15. “Pre-Order Confirmation” means the email from Caligra Ltd to the Customer acknowledging receipt of the Deposit and confirming the reservation.
1.16. “Software” means the proprietary Linux operating system pre-installed on the Product, licensed under the EULA.
1.17. “UK Consumer Contracts Regulations” means the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (as amended).
1.18. “Website” means Caligra Ltd’s online sales platform at caligra.com and any country-specific subdomains (e.g., au.caligra.com).

2. ELIGIBILITY TO PLACE AN ORDER

2.1. Age & Capacity: By placing an Order or Pre-Order, you represent and warrant that:
  (a) You are at least 18 years old and have full legal capacity to enter into these Terms;
  (b) You are not barred from purchasing the Product or Software under applicable export control laws or sanctions.
2.2. Geographic Restrictions: You may only place an Order if you are located in a jurisdiction where Caligra Ltd is authorized to sell and ship the Product. Caligra Ltd reserves the right to accept or decline Orders from certain regions at its sole discretion.
2.3. Business/Resale Prohibition: Unless explicitly agreed in writing by Caligra Ltd, you may not place an Order for the purpose of reselling or distributing the Product.
2.4. Customer Conduct: Caligra Ltd may refuse service, terminate accounts, cancel Orders, or remove or edit content in its sole discretion if it believes, in good faith, that the Customer has violated these Terms or any applicable law.

3. OFFER & ACCEPTANCE

3.1. Offer: By submitting an Order or Pre-Order on the Website, you make a binding offer to purchase the Product subject to these Terms.
3.2. Acceptance: An Order becomes binding on Caligra Ltd only when Caligra Ltd sends you an Order Confirmation (for standard Orders) or Pre-Order Confirmation (for Pre-Orders). Until that moment, any payment confirmation email or “receipt” is an acknowledgment of your offer, not acceptance.
3.3. Rejection of Offer: Caligra Ltd may decline or cancel your Order for any reason, including incorrect pricing, stock unavailability, or suspicion of fraud. If your Order is declined after payment authorization, Caligra Ltd will cancel the authorization or refund the payment in full.
3.4. Contract Formation: The contract of sale (or Pre-Sale, in the case of Pre-Orders) is formed only upon sending of the corresponding Confirmation email by Caligra Ltd.

4. PRICING POLICY & PAYMENT

4.1. Price Display: All Prices are quoted on the Website at the time you place your Order. Prices include applicable sales tax for the jurisdiction of purchase (unless stated otherwise) and exclude any customs duties or import taxes that may apply if shipped internationally.
4.2. Charges and Fees: Prices quoted on the website exclude shipping charges and any transaction fees related to payment processing (including any foreign transaction fees that may be charged by your bank).

 4.3. Price Changes: Caligra Ltd reserves the right to change Prices at any time without notice. If the correct Price for a Product is higher than the Price displayed when you placed your Order, Caligra Ltd will contact you for your consent to the higher Price. If you do not agree within five (5) Business Days, Caligra Ltd may cancel your Order and refund any payment made.
4.4. Promotional Pricing & Errors: If a Product is listed at an incorrect Price due to a typographical error, Caligra Ltd may refuse or cancel any Orders placed for that Product. If an Order has been paid, Caligra Ltd will attempt to contact you to confirm whether you wish to proceed at the correct Price or to cancel your Order for a full refund.
4.5. Payment Methods: Caligra Ltd accepts the payment methods displayed on the Website (e.g., major credit/debit cards). Payment is processed at the time you place an Order or (for Pre-Orders) at the time you pay a Deposit.
4.6. Deposit & Balance (Pre-Orders Only):
   (a) Deposit: To place a Pre-Order, you must pay a Deposit of US$99.00 (or local currency equivalent). Paying the Deposit secures your reservation and guarantees the Price.
  (b) Balance: The remaining Balance of US$1,900.00 (or local currency equivalent) is due only after Caligra Ltd notifies you that your Product is ready to ship. You must pay the Balance within fourteen (14) Business Days of such notification, or the Pre-Order may be deemed canceled, and Caligra Ltd may retain the Deposit as liquidated damages for cancellation.

(c ) Additional Terms: Apply to Pre-Orders, see clause 14 “Pre-Order Terms & Conditions (Supplementary)”.
4.7. Tax/Duty Responsibility: For international Orders (when shipping outside of the UK), any customs duties, import taxes, or other government charges are your responsibility. Caligra Ltd encourages you to check with local authorities for exact charges before placing your Order.

5. DELIVERY & RISK OF LOSS

5.1. Shipping & Estimated Delivery: Caligra Ltd will arrange shipment of the Product to the delivery address you specify. Estimated delivery windows are provided for guidance only and are not guaranteed.
5.2. Passage of Risk & Title: Risk of loss or damage to the Product passes to you upon delivery to the carrier or upon your or your agent’s signature on delivery, whichever occurs first. Title to the Product passes to you only once we have received payment in full (including any Balance for Pre-Orders).
5.3. Partial Fulfillment: If your Order contains multiple items and only part of the Order is available for immediate shipment, we will notify you and ship the available portion, with the balance shipped when available (unless you cancel those items).
5.4. Delivery Issues: If delivery is attempted and you are unavailable to accept, the carrier may leave a card or message regarding re-delivery or pickup. You are responsible for ensuring that deliveries can be made to the specified address.
5.5. Force Majeure: Caligra Ltd is not responsible for delays or failure to deliver due to events beyond its reasonable control (including, but not limited to, natural disasters, industrial disputes, supply chain disruptions, customs delays, transportation issues, or pandemics). In such cases, we will notify you of any revised delivery estimates, and you may choose to cancel for a full refund of any Deposit (for Pre-Orders) or Price (for paid Orders) if the delay exceeds thirty (30) days from the original estimated delivery date.

6. RETURNS, CANCELLATION & REFUNDS

6.1. Right to Cancel (Distance Contracts):
   (a) UK Customers: Under the UK Consumer Contracts Regulations, you have the right to cancel your Order within fourteen (14) days of receiving the Product.
  (b) EU Customers: Under the EU Consumer Rights Directive, you have the right to cancel your Order within fourteen (14) days of receiving the Product.
  (c) Australian Customers: Under the ACL, there is no statutory cooling-off period for change of mind. Caligra Ltd voluntarily offers a fourteen (14)-day cancellation period from the date of delivery (“Voluntary Cooling-Off Period”).
6.2. Exercising the Right to Cancel:
   (a) To cancel, you must inform us in writing (email at [email protected]) within the applicable cancellation period.
  (b) You may use the model cancellation form provided on our Website, but it is not mandatory.
6.3. Return Conditions:
   (a) All returned Products must be in their original packaging, unused, and with all accessories, manuals, cables, and documentation.
  (b) You are responsible for return shipping costs unless the Product is faulty or incorrectly shipped.
6.4. Refund Processing:
   (a) Once we receive the returned Product and verify it is in saleable condition, we will process your refund within fourteen (14) days.
  (b) Refunds are issued to the original payment method used for the Order (or to a different account if required by law).
6.5. Non-Returnable & Restocking:
   (a) Products that show signs of use, damage, or missing components may not be accepted for return or may incur a deduction from the refund for diminished value.
  (b) Caligra Ltd reserves the right to charge a reasonable restocking fee (up to 20% of the Product’s Price) for returned Products, except where prohibited by law.
6.6. Cancellation of Pre-Orders:
   (a) Cooling-Off Period (Pre-Order Deposit): You may cancel your Pre-Order prior to shipment occurring and receive a full refund of your Deposit.
   (b) If you cancel after shipment, the standard Returns process set out in Sections 6.1–6.5 applies to the delivered Product.
6.7. Cancellation by Caligra Ltd:
   (a) Caligra Ltd may cancel your Order (including Pre-Orders) at any time prior to shipment (including, but not limited to pricing errors, stock unavailability, or fraud). In such cases, we will refund any Deposit or Price paid in full without deduction.
  (b) If Caligra Ltd cancels due to force majeure or anticipated prolonged delay (as per Section 5.5), you may choose a full refund or a revised shipping date.

7. WARRANTY & SUPPORT

7.1. Manufacturer’s Hardware Warranty:
   (a) Caligra Ltd warrants that the Product will be free from material defects in materials and workmanship for twelve (12) months from the date of delivery.
  (b) If a defect arises within the warranty period, and you follow the procedures in Section 7.3 below, Caligra Ltd will, at its option, repair or replace the defective Product, or refund your purchase price.
7.2. Software Warranty:
   The Software is provided “as is,” without any warranty of any kind. Caligra Ltd does not warrant that the Software will be error-free, uninterrupted, or compatible with all third-party software.
7.3. Making a Warranty Claim:
   (a) To initiate a claim, email [email protected] with your proof of purchase, a description of the defect, and any diagnostic information requested.
  (b) Caligra Ltd may require that you ship the Product (with shipping prepaid by Caligra Ltd if the defect is covered) to an authorized service center for evaluation and repair or replacement.
7.4. Exclusions & Limitations:
   (a) The warranty does not cover:
    (i) Damage caused by misuse, accident, neglect, or unauthorized modification or repair;
    (ii) Normal wear and tear (e.g., cosmetic scratches, dents);
    (iii) Consumable parts (e.g., cables, dongles) unless caused by a defect in materials or workmanship.
  (b) If a returned Product shows signs of damage or alteration unrelated to manufacturing defects, Caligra Ltd may refuse to repair/replace or may charge you for the cost of repair.
7.5. Additional Statutory Rights: This warranty gives specific legal rights. You may have other rights according to the applicable laws of your state or jurisdiction. Nothing in this warranty affects statutory rights, including rights of consumers under laws or regulations governing the sale of consumer goods that cannot be waived or limited by contract.

8. LIMITATION OF LIABILITY

8.1. General Limitation: To the maximum extent permitted by law, Caligra Ltd’s total liability under or in connection with these Terms (whether in contract, tort, negligence, or otherwise) shall not exceed the Price paid by you for the Product.
8.2. Exclusion of Certain Damages: In no event shall Caligra Ltd be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, revenue, data, or business interruption, even if advised of the possibility of such damages.
8.3. Statutory Carve-Outs: Nothing in these Terms shall exclude or limit:
  (a) Liability for death or personal injury caused by Caligra Ltd’s negligence;
  (b) Liability for fraud or fraudulent misrepresentation;
  (c) Any other liability that cannot be excluded or limited by applicable consumer protection law.

9. INTELLECTUAL PROPERTY

9.1. Ownership: All intellectual property rights in the Product (including design, hardware schematics, Software, manuals, and marketing materials) are owned by Caligra Ltd or its licensors.
9.2. Trademarks: “c100”, “Caligra” and all associated logos and trade dress are registered or unregistered trademarks of Caligra Ltd. You may not use any of Caligra Ltd’s trademarks without express written permission.
9.3. Feedback: If you provide feedback or suggestions regarding the Product or Software, you grant Caligra Ltd a perpetual, royalty-free, irrevocable license to use, modify, and commercialize that feedback in any manner.

10. EXPORT CONTROLS & SANCTIONS

10.1. You represent and warrant that:
  (a) You are not located in, under control of, or a national or resident of any sanctioned territory or subject to any export restrictions under UK, EU, or Australian law.
  (b) You will not export or re-export the Product or Software.
10.2. You agree to comply with all applicable export control laws and sanctions regulations. Caligra Ltd reserves the right to refuse Orders from prohibited jurisdictions or parties.

11. PRIVACY & DATA PROTECTION

11.1. Any personal information we collect in connection with your Order will be processed in accordance with our Privacy Policy, available at caligra.com/privacy-policy.
11.2. We may collect usage data from the Software (subject to anonymization) to improve features and performance. Any such data collection is subject to our Privacy Policy.
11.3. Where required by local law (e.g., UK GDPR, EU GDPR, Australian Privacy Act 1988), you have rights to access, correct, or erase your personal data. Contact [email protected] for assistance.

12. AMENDMENTS & ENTIRE AGREEMENT

12.1. Entire Agreement: These Terms (including Pre-Order Terms, Privacy Policy, and EULA) constitute the entire agreement between you and Caligra Ltd regarding the sale and use of the Product and Software, superseding all prior communications.
12.2. Amendments: Caligra Ltd reserves the right to amend these Terms at any time. If we make material changes, we will notify you by posting the updated Terms on the Website and, if you have an open Pre-Order or have purchased within the last six (6) months, by email. Your continued use of the Website or the Product after the effective date of changes constitutes your acceptance of the new Terms.
12.3. Severability: If any provision of these Terms is found to be invalid or unenforceable under applicable law, that provision will be deemed deleted, and the remaining provisions will continue in full force and effect.
12.4. Waiver: No waiver of any breach shall be deemed a waiver of any subsequent breach. Any waiver must be in writing and signed by an authorized representative of Caligra Ltd.

13. GOVERNING LAW & DISPUTE RESOLUTION

13.1. These Terms are between you and us and are governed by and shall be construed in accordance with the laws of England and Wales. Disputes arising in connection with these Terms shall be subject to the exclusive jurisdiction of the English courts. The preceding provision regarding jurisdiction does not apply if you are a consumer based in the European Union. If you are a consumer based in the European Union, you may make a claim in the courts of the country where you reside. Nothing in this section shall limit any mandatory consumer protections under the laws of the country in which you reside.
13.2. Informal Resolution: If a dispute arises, you agree to contact us first by emailing [email protected] and undertake good-faith efforts to resolve the matter informally within thirty (30) days. If unresolved, you may pursue available legal remedies.

14. PRE-ORDER TERMS & CONDITIONS (SUPPLEMENTARY)

The following provisions apply only to Pre-Orders (i.e., Orders for Products not yet shipped, requiring a Deposit).

14.1. PRE-ORDER DEFINITIONS

14.1.1. “Deposit” means US$99.00 (or local currency equivalent), paid to secure your reservation and lock in the Price of US$1,999.00 (or local equivalent).
14.1.2. “Balance” means the remaining US$1,900.00 (or local equivalent) due when Caligra Ltd notifies you that the Product is ready to ship.
14.1.3. “Pre-Order Confirmation” means the email acknowledging receipt of your Deposit and confirming your reservation and Pricing.

14.2. PLACING A PRE-ORDER

14.2.1. To place a Pre-Order, you must select the Product labeled “Pre-Order,” pay the Deposit, and agree to these Pre-Order Terms.
14.2.2. Once you pay the Deposit and we send the Pre-Order Confirmation, a binding contract forms for the purchase of one (1) Product at the locked-in Price.
14.2.3. Payment of the Deposit does not constitute full payment; you must pay the Balance before shipment.

14.3. PRICE GUARANTEE & ADJUSTMENTS

14.3.1. Your Deposit secures the Price of US$1,999.00 (or local equivalent). If, prior to your Balance payment, Caligra Ltd reduces the Price, you will pay the lower Price.
14.3.2. If Caligra Ltd increases the Price before Balance payment, you will still pay the original Pre-Order Price (no upward adjustment).
14.3.3. If Caligra Ltd discontinues or permanently cancels production of the Product before shipping, your Pre-Order is automatically canceled, and your Deposit refunded in full.

14.4. BALANCE PAYMENT

14.4.1. Caligra Ltd will notify you by email (the “Shipment Notice”) when the Product is in stock and ready to ship.
14.4.2. You must pay the Balance within fourteen (14) Business Days of the Shipment Notice. If you fail to pay by that date, Caligra Ltd may treat your Pre-Order as canceled, retain £25 of your Deposit as a cancellation fee, and refund the remaining Deposit.
14.4.3. If you pay the Balance after the 14-day period but before full stock availability, Caligra Ltd may accept late payment at its discretion; otherwise, the Pre-Order will be deemed canceled per Section 14.4.2.

14.5. CANCELLATION & REFUND (PRE-ORDER)

14.5.1. Right to Cancel Deposit: You may cancel your Pre-Order and receive a full Deposit refund by notifying us in writing to [email protected] with your order number. The right to cancel your deposit does not apply once you have received a shipment notice for the product.
14.5.2. Cancellation After Shipment Notice: Once you receive the Shipment Notice (and have paid the Balance), the Pre-Order becomes a standard sale. Cancellation rights revert to Section 6 (Returns, Cancellations, & Refunds).

14.6. PRODUCT SPECIFICATION CHANGES

14.6.1. Caligra Ltd reserves the right to make non-material changes to Product specifications prior to shipping (e.g., cosmetic changes, minor component substitutions) so long as overall functional performance remains substantially the same.
14.6.2. If a material change is necessary (e.g., major hardware component replaced with a significantly different specification), Caligra Ltd will:
  (a) Notify you in writing of the change;
  (b) Offer you the choice to (i) accept the revised specification at the agreed Price, or (ii) cancel your Pre-Order for a full Deposit refund.
14.6.3. You must notify Caligra Ltd of your choice within fourteen (14) days of that notification. If you neither accept nor cancel within fourteen (14) days, Caligra Ltd may assume you have accepted the revised specification and proceed to ship.

14.7. FAILURE TO SHIP / FORCE MAJEURE (PRE-ORDER)

14.7.1. If Caligra Ltd is unable to ship your Pre-Ordered Product within a reasonable timeframe due to supply delays beyond Caligra Ltd’s reasonable control (e.g., material shortages, logistics disruptions), we will notify you as soon as reasonably possible.
14.7.2. Within fourteen (14) days of such notice, you may (i) agree to a revised estimated ship date, or (ii) cancel your Pre-Order and receive a full Deposit refund.
14.7.3. If you do not respond within fourteen (14) days, Caligra Ltd may deem the Pre-Order canceled and refund your Deposit in full.

19. ADDITIONAL TERMS

19.1. Promotions & Discounts: Any promotional or discounted Price will be valid only during the specified promotional period. Caligra Ltd reserves the right to withdraw or modify promotions at any time.
19.2. Third-Party Links & Services: Our Website may contain links to third-party websites not owned or controlled by Caligra Ltd. We are not responsible for the content or practices of these third parties.
19.3. User-Generated Content: If you post reviews or comments on our Website, you grant Caligra Ltd a perpetual, royalty-free license to use, reproduce, and publish such content. You represent that any content you post is your own and does not infringe the rights of third parties.
19.4. Contact Information: For customer service, warranty claims, or legal notices, please contact:

Caligra Ltd

Legal & Compliance Department

86-90 Paul Street,

London, England, EC2A 4NE
Email: [email protected]

Phone: +44 20 4525 9042

END OF TERMS & CONDITIONS OF SALE (INCLUDING PRE-ORDER TERMS)