Last updated on 9th April 2025

1. INTRODUCTION

The online store at https://shop.hacksawgaming.com/ (the “Store”) is operated by Boostify Ltd, a company registered under the laws of Malta, bearing company registration number C 110698 and having its registered address at 1st Floor, Suite 3, Central Business Centre, Mdina Road, Zebbug ZBG9015, Malta (“Company”).

This document establishes the terms and conditions that govern the use of the Store and the purchase of branded merchandise through it (the “Product/s”). By visiting our Store and/or placing an order on it, you (the “Customer”) engage in our service and agree to be bound by the following terms and conditions (the “T&Cs”).

These T&Cs shall constitute a legally binding contract between the Company and Customer (the “Contract”). Prior to being able to purchase any Product, you must click “I accept these T&Cs”. You shall not be able to purchase Products unless you positively click “I accept these T&Cs”.

2. USE OF THE WEBSITE

When using the Store, the Customer agrees:

• (i) To use the Store to make legally valid orders only;
• (ii) That they are over the age of eighteen (18) years and are legally eligible to enter into a binding contract;
• (iii) Not to use the Product/s for any illegal or unauthorized purpose, nor violate any laws (including but not limited to copyright laws);
• (iv) Not to transmit, distribute, inject or introduce any malware, malicious software, viruses or any code of a destructive or harmful nature;
• (v) To provide the Company with the correct contact details and delivery address in a truthful manner;
• (vi) Not to make any false or fraudulent orders. If an order of this nature may be considered to have been placed, we shall have the right to cancel the order and take any measures necessary in this regard;
• (vii) That the Company may use the information provided by the Customer, to contact the Customer if necessary with regard to an order to purchase Products;
• (viii) To not use, reproduce, modify, or disseminate, without express authorisation, any of the intellectual properties, whether trademarked or otherwise, on the Store or the Product/s and not to create any derivative works based thereon; and
• (ix) That any breach or violation of these T&Cs will result in immediate termination of any pending order placed through the Store.

3. PRICES AND MODIFICATIONS

The price of our Product/s shall be as stipulated on our Store.

The prices on the Store shall be displayed in Euro (EUR) and include statutory value added tax (“VAT”) but exclude delivery costs. The delivery costs shall be calculated to the total price during the check-out stage and prior to your placement of any order.

Prices for the Product/s available on the Store are subject to change at any time, without providing any form of notice.

The Customer must pay in advance and prior to the delivery of the Product/s, the full amount of the order which includes the cost of the Product/s, VAT and delivery fees.

Your placement of an order through the Store shall be considered to amount to an offer to purchase the selected Products.

The Company shall endeavour to respond to such offer without undue delay. The execution of your order request shall become legally binding upon the Company only if the Company confirms that your order has been accepted.

Kindly note that the Company endeavours to ensure the accuracy of the pricing information displayed on the Store, however, the Company reserves the right to correct any pricing errors and amend prices and delivery costs at any time before the acceptance of your order. In such case, the Company shall advise you of any such correction prior to accepting your order and your order shall be process exclusively if you previously confirm your acceptance of any such correction.

Once an order is placed and if the order is accepted, the Customer will receive a confirmation email stating that the order has been successfully processed.

The Company reserves the right to reject any offer to purchase Products placed without the need to disclose any reason or cause.

4. PRODUCTS

The Products shall be as per the description, type, quantity and quality as stated in the Store. While the Company shall strive to accurately display the colours and details of the Products on the Store, kindly note that the actual colour, texture and appearance of the Products may vary due to differences in settings, lightning conditions and individual screen calibrations. We cannot guarantee that the colours on your screen will be an exact match to the Product you receive.

If you have any questions regarding the colour or appearance of a Product, please feel free to contact us for more information before making your purchase.

5. SHIPPING AND DELIVERY

The Company aims to deliver the Customer’s purchased Product/s by the estimated date set out in the dispatch confirmation email, or, if no date is specified, at the latest, within thirty (30) days from the date of the dispatch confirmation email. Notwithstanding this, delays may still occur and the Customer acknowledges and accepts that delivery of the Product/s is subject to delivery by third-party suppliers.

Please note that, if for any reason the Company is unable to comply with the delivery date, the Customer shall be entitled to cancel the order and be refunded for any amounts paid by the Customer for that order.

For the purposes of these T&Cs, the term “delivery” shall be understood to have taken place once the Customer or a third party on behalf of the Customer acquires physical possession of the goods.

6. RIGHT OF WITHDRAWAL

A Customer shall have the right to withdraw from the Contract, without any reason whatsoever, within fourteen (14) days from when such Customer obtains physical possession of the goods (the “Withdrawal Period”). For sufficient withdrawal, the Customer must send an email communication to the email stipulated herein, concerning its exercise of the right of withdrawal prior to the end of the Withdrawal Period.

A Customer that exercises the right to withdrawal shall be reimbursed for all payments incurred, when returning the unwanted goods. Any costs incurred for delivery / shipping methods other than the “standard delivery” shall not be reimbursed.

Reimbursement shall be executed to the same payment method utilized when purchasing the Product. If the Customer exercises the right to withdrawal, such Customer must return the Product/s back to the Company, in the same condition they were delivered, by courier to the address outlined in clause 9 without undue delay and in any event not later than fourteen (14) days from the day on which the Customer communicated their withdrawal from this Contract to Company. The deadline is only deemed to be satisfied if the Customer returns the Product/s prior to the expiry of the fourteen (14) day period.

Company reserves the right to refuse or charge a re-stocking fee should the full packaging be missing, damaged, non-resealable or if the purchased item shows sign of use.

7. TERMINATION

The Company may terminate these T&Cs immediately upon written notice to the Customer if the Customer fails to comply with any term or provision of these T&Cs.

8. GUARANTEE

Company provides a guarantee for a period of two (2) years for the Products sold on the Store from date of purchase. This warranty covers any defects or lack of conformity in the Products that are present at the time of delivery and which becomes apparent within such two (2) years period. In the event that the Customer claims that the Products are faulty during the first one (1) year, it shall be presumed that the Products were faulty as at the time of sale unless proved otherwise by the Company or unless this presumption shall be incompatible with the nature of the Products and fault/defect claimed that the Product has.

Following this period, the Customer shall only be entitled to a refund or replacement of the Product if they can prove the defect or lack of conformity. Any Product/s where a fault or defect has been caused due to the Customer/s negligence, such as, but not limited to, wear and tear, or not following the care instructions, Company will not be held liable.

Company will carefully examine the returned Product and will notify the Customer by email within a reasonable period if the Product may be refunded or replaced (as appropriate).

9. NOTICES

Any notice or communication that is sent by the Company or the Customer shall be in writing via email, and shall be deemed to have been duly delivered upon successful transmission of email. The Customer shall reach the Company at the email address provided below or at any other address as may be specifically communicated for such purpose by Company from time to time. The Company shall reach the Customer at the email address provided by the Customer upon conclusion or any order of the Product/s.

• Email: shop@hacksawgaming.com

10. LIMITATION OF LIABILITY

Company shall not be liable to the Customer for any indirect, incidental or consequential damages or liability of any kind, including but not limited to any special, exemplary or punitive damages, loss of profits, loss of goodwill, loss of time, business interruption, loss of data, even if advised of the possibility of such damages, and regardless of the form of action, whether in contract, tort, strict liability or otherwise, including, without limitation, such damages arising out of or relating to these T&Cs. In the event that the Company holds any direct liability towards you, you hereby accept that the liability shall be limited in all events, to the extent permitted by applicable laws, to an amount equivalent to the purchase price of the Product/s you purchased.

11. PERSONAL INFORMATION

The information and personal details that the Customer provides to the Company shall be processed in accordance with our Privacy Policy which can be found on the Store.

You must click “I accept the Privacy Policy” when purchasing Products from the Store to be able to purchase Products.

12. FORCE MAJEURE

Force majeure shall mean any unforeseen or other circumstance outside of reasonable control, which shall include but is not limited to acts of God, irresistible force, fortuitous events, riots, insurrections, war, cyberterrorism, cyberwarfare, accidents, fire, earthquakes, strikes and other labour difficulties, embargoes, theft, equipment breakdown, mechanical or system failures, downtime and pandemic disease (“Force Majeure”).

Company shall not be deemed in default or liable for any loss or damage resulting from delays in performance, termination of T&Cs or from failure to perform or comply with the terms of these T&Cs due to any Force Majeure.

13. ENTIRE AGREEMENT

These T&Cs expressly replace and supersede any and all other agreements, oral or written, between the Customer and Company with respect to the subject matter hereof. The Policies shall form an integral part of these T&Cs.

14. SEVERABILITY

In the event that any provision in whole or in part of these T&Cs shall be held by a court of competent jurisdiction to be illegal, invalid or unenforceable, the remaining provisions shall remain in full force and effect.

15. UPDATES

The Company reserves the right to review and modify these T&Cs at any time by publishing the updated version on the Store and it is the Customer’s responsibility to read them periodically to identify any updates or changes that have been made. Any such modification shall not affect accepted orders where the version of the T&Cs as at the time that the order was placed shall remain applicable.

16. APPLICABLE LEGISLATION AND JURISDICTION

These T&Cs shall be governed and construed in accordance with the laws in force in Malta from time to time. Any controversy that may arise in relation to the use of the Store or to Products shall be subject to the exclusive jurisdiction of the Maltese courts.