Terms & Conditions
1.1 This online portal is operated by Strongbox Technology Ltd (registered number 9355461) whose registered office is at 2 Tower House,Hoddesdon, Hertfordshire EN11 8UR, United Kingdom (“Strongbox Technology Ltd” or “we” or “us”).
2. Definitions 2.1 “Business Customer” means a customer who is not a Consumer;
2.2 “Consumer” means an individual who is not acting for the purposes of his or her business or profession;
2.3 “Strongbox” means Strongbox Technology Ltd also referred to as “we” or “us” in these Terms and Conditions;
2.4 “Catalogue” means the catalogue of products and services offered by Strongbox Technology Ltd;
2.5 “Force Majeure” means any cause affecting the performance Strongbox Technology Ltd of its obligations arising from acts, events, omissions, happenings or nonhappenings beyond its reasonable control including (but not limited to) governmental regulations, fire, flood or any disaster or industrial dispute affecting a third party;
2.6 “Normal Working Hours” means 9.00 am to 5.00pm on a Working Day;
2.7 “Working days” means Monday to Friday, excluding Bank or other Public holidays;
2.8 “Web site” means the Strongbox Technology Ltd internet website, accessed through the address strongboxtechnology.com;
2.9 “Customer” means a customer or potential customer of Strongbox Technology Ltd;
2.10 “User” means the person who accesses the website on behalf of the Customer;
2.11 “Products” means the products listed for sale on www.eudealers.com, which can be purchased by the Customer;
2.12 “Terms and Conditions” means the terms and conditions for access to Strongbox Technology Ltd website by the Customer and its Users and the Strongbox Technology Ltd Terms and Conditions of sale, which deal with the commercial and trading aspects between the Customer and Strongbox Technology Ltd.
3.1 All contracts of sale made by Strongbox shall be deemed to incorporate these terms and conditions, which shall prevail over any other terms from the Customer. Cancellation of orders by Business Customers is not accepted as most orders are built to order. Cancellation of orders by Consumers will be accepted in accordance with the Consumer Protection (Distance Selling) Regulations 2000. Nothing in these terms and conditions is intended to impinge upon a Consumer’s statutory or contractual rights to reject faulty goods.
3.2 All orders are subject to acceptance and to availability of the goods ordered. Strongbox is entitled to refuse any order placed by you.
3.3 You undertake that:
3.3.1 all details you provide to us for the purpose of purchasing goods or services offered on our web site are correct, and
3.3.2 any credit or debit card you use to make a purchase from us is your own card or your
company’s card, that you are authorised to use it, and that there are sufficient funds or credit facilities to cover the cost of any goods or services you order from us. We reserve the right to obtain validation of your credit or debit card details before providing you with any goods or services.
3.4 Please note, Strongbox may record and / or monitor inbound and outbound calls and electronic traffic for training and reference purposes.
4.1 Strongbox reserves the right, by giving notice in Writing to the Customer at any time before delivery, to increase the price of the Goods to reflect any changes in specifications for the Goods which are requested by the Customer or are necessary as a result of any delay caused by (a) the Customer’s instructions or (b) the Customer’s failure to provide adequate information or instructions to the Strongbox.
5. Delivery, Title and Risk
5.1 . Strongbox shall use reasonable endeavours to dispatch goods by the date agreed with the customer, but does not accept liability for failure to deliver within the stated time where this is caused by circumstances beyond our reasonable control, such as delays caused by delivery companies or manufacturer lead times. If a delay is likely, we shall contact the customer and advise of the delay. A customer who is a Consumer shall be entitled to cancel an order when advised of a delay if the revised delivery date is not acceptable.
5.3 In the case of a Business Customer, if Strongbox is unable to deliver the goods within 30 days of the agreed delivery date, the Customer will, as its sole remedy, be entitled to cancel the order and require any monies paid to Strongbox in respect of that order to be refunded. In order to cancel, the Customer must send written notice of cancellation to Strongbox after the above date but before delivery of the goods or notification from Strongbox that the goods are ready for delivery. This Clause does not apply to Consumers.
5.4 In the case of Business Customers, Strongbox does not accept liability for shortages or damage to deliveries unless the Customer notifies Strongbox of the shortage or damage in writing within 48 hours of receipt of the delivery. Consumers should notify shortages or damage within a reasonable period of becoming aware.
5.5 Business Customers are required to be able to accept the goods when they are ready for delivery within Normal Working Hours.
5.6 The Goods are at the risk of Strongbox from the time of their delivery by Strongbox to the Designated Carrier. If for any reason the Customer will not accept delivery of any of the Goods when they are ready for dispatch to the Designated Carrier, or Strongbox is unable to dispatch the Goods to the Designated Carrier on time because the customer has not provided appropriate instructions, documents or authorisations, risk in the Goods will pass to the Customer (including for loss or damage caused by the Seller’s negligence) from the moment of a signed POD, the Goods will be deemed to have been delivered.
5.7 Title in the goods does not pass to the Customer until payment is received in full by Strongbox. 5.8 If the Customer cannot accept delivery, Strongbox may at its option: (i) store and insure the goods at the Customer’s expense and risk or (ii) sell the goods at the best price reasonably obtainable and (after deducting reasonable storage insurance and selling costs) pay to the Customer any excess over the sale price or charge the Customer for any shortfall or (iii) re-arrange delivery provided that Strongbox may charge the Customer for the additional delivery costs incurred. 5.9 The Customer may request a Proof of Delivery, provided that this request is made in
writing within 3 months of the date of delivery and Strongbox shall use reasonable endeavours to provide such proof. Thereafter, delivery shall be deemed to have been successfully completed. 5.10 Upon delivery of the goods, the Customer will be asked to sign a Proof of Delivery to acknowledge safe receipt. It is the responsibility of the Customer to ensure that the number of packages delivered corresponds with the number stated on the delivery note. Where a discrepancy occurs or where there is evident damage to the packaging, this should be noted on the Proof of Delivery. Strongbox shall not be liable for discrepancies or damage evident on delivery where the Customer accepts delivery and signs the Proof of Delivery without amendment.
6. Availability 6.1 We endeavour to ensure availability on all our listed machines on our website, however we cannot guarantee or warranty availability. In the unlikely event that your chosen item is unavailable we will contact you ASAP to advise of expected delivery dates. If a machine that has been ordered is still not available after the indicated waiting period has elapsed, we will contact you by e-mail or by phone in order to propose an extension to the waiting period or to suggest a different product. At all times you will be informed of the progress of your order.
7. Payment 7.1 There are five different ways to arrange payment, by phone or email: Account, Paypal, Credit card or Debit card or Bank transfer.
7.1.1 On Account – Please fill in the Credit Application and Authorisation Form, once we have received this we apply for an insured credit limit from our credit insurers, this process can take up to a week, once complete we can than offer 30 days credit up to the insured limit offered to us.
7.1.2 Credit and Debit cards: Visa, Eurocard -Mastercard, Switch and Solo: by means of a secure payment system (your card is charged at the day of your order for security reasons).
7.1.3 Bank transfer payment: Strongbox offers the opportunity to pay by bank transfer. Please note that Bank transfers from abroad will only be accepted if the additional transfer costs are paid by the customer. Your payment will be processed when your bank transfer is received. Once your payment received we will process your order. The processing of off-line payments may take several days.
7.1.4 By telephone. If you place an especially high-value order we reserve the right to contact you for further confirmation of your order details, prior to authorisation.
7.2 Please note that for security reasons Strongbox will always ask its clients for a bank transfer payment for a first transaction.
7.3 Please note that if our insurance company and our fraud department suspect a fraud we reserve the right to cancel a transaction for security purposes.
7.4 Strongbox standard terms of payment for credit account customers are 30 days from the date of the invoice, and these will apply except in the case of transactions where different terms are agreed in writing.
7.5 If payment is not made on the due date, Strongbox will be entitled to charge interest daily on the outstanding balance at the rate of 3% above Coutts Bank PLC base lending rate from time to time. Strongbox operates a cash positive purchasing policy to secure the best discounts when buying stock, so in many cases we will request payment in advance, as we have to pay in advance, to enable us to facilitate orders to you the lowest prices.
8. Product specifications
8.1 Strongbox makes every effort to supply the goods as advertised but reserves the right to
supply the goods subject to minor variations in actual content and specifications where these are changed by the manufacturer.
8.2 If Strongbox cannot supply a machine as ordered by the Customer, Strongbox reserves the right to offer a machine of equal or superior performance at no extra cost. In such a case, if the Customer does not wish to accept the alternative specification offered, he or she may cancel the order and require the refund of any money paid to Strongbox in respect of that order, including carriage charges. This shall be the sole remedy of the Customer in these circumstances.
9. Trade names and Trade Marks
9.1 Trade names and marks (other than Strongbox) are not always indications of the actual manufacturer of a particular product and may rather be indicative of general use systems and machines associated with such products.
9.2 In the case of component purchases, Customers requiring a particular brand of product should, before placing an order, check with Strongbox the identity of the manufacturer of component it is proposed to purchase.
10. Warranties and Returns 10.1 Please note that special terms apply to Consumers who wish to return goods, which prevail over the provisions of this Clause.
10.2 Customers who are Consumers are referred to Clause 14.
10.3 Strongbox is committed to providing our customers with the highest quality products and service. However, on rare occasions, machines may be found to be faulty or defective. In such cases we offer the returns facilities described below.
10.4 Unless otherwise stated in the manufacturer’s documentation, all machines delivered to a UK mainland address carry a 2 Year no quibble warranty.
10.5 If you purchase machines in the course of your business, the following provisions of this Clause shall apply. Other than the express provisions set out in these terms and conditions, all other terms and the implied terms or warranties relating to the supply of machines are excluded to the fullest extent permitted by law.
10.6 If you purchase services in the course of your business, the following provisions of this Clause shall apply. Strongbox shall use its skill and expertise to carry out any contracted works (the “Service(s)”) to a standard equivalent to that of a competent computer professional, and shall warrant our work as free from defects, for a period of 2 years after completion. In particular, we cannot be held responsible for any fault or damage not caused by Strongbox services’ engineers or its contracted agents. In the event of a claim arising relating to the level of skill and judgement applied in the course of providing Services, Strongbox reserves at its sole discretion the right to appoint an independent expert in the field to appraise the work carried out in the execution of the Service(s). Additionally, Strongbox cannot be held responsible for equipment installed or configured when the machine has subsequently been altered or configured by persons other than Strongbox. Except as set out here, all other express or implied terms or warranties relating to the Services are excluded to the fullest extent permitted by law.
10.7 Subject to the right of Consumers to return goods for refund under The Consumer Protection (Distance Selling) Regulations 2000 (see Clause 14), Strongbox does not sell machines on a trial basis. Customers are strongly advised to check suitability and specifications of machines before ordering.
10.8 In the event that Strongbox, at its discretion (unless the Consumer Protection (Distance Selling) Regulations 2000 apply, (see Clause 14), agrees to accept the return for credit of unwanted machines, the items must be returned with Strongbox prior written agreement within 7 days of delivery. The machines must be unopened and in perfect re-saleable condition. All goods returned in these circumstances (except where the Consumer Protection (Distance Selling) Regulations 2000 apply, (see Clause 16) will be subject to a handling fee of 25% of Strongbox sale price for the goods
11.1 All returned machines (except those returned under Clause 14) must be accompanied by Strongbox Returns Material Authorisation number (‘RMA Number’) which can be obtained by contacting Customer Services. Returned machines will not be accepted without an RMA Number. Do not write directly on the manufacturer’s packaging. Please write the RMA number on the address label provided with the Returns Material Authorisation and attach it to the returned package. Any defacement of the manufacturer’s packaging or damage caused by inadequate packaging may result in the rejection of the return or an additional restocking fee, at Strongbox sole discretion.
11.2 Strongbox cannot accept liability for packages damaged during transit. It is the Customer’s responsibility to wrap the product adequately to prevent damage.
11.3 Proof of postage is not proof of delivery and you are therefore strongly advised to send your package by courier, and to insure the goods for their full value.
11.4 On receipt of the returned machine, we will test it to identify the fault you have notified to us.
11.5 If following the testing process, the machine is found to be in good working order without defect, we will return the machine to you, and the carriage costs of this return will be your responsibility. Please note that if you have, in the meantime, required us to provide you with a replacement machine before completion of the testing process, you will have to pay for this product also. This Clause does not apply to Consumers returning machines pursuant to Clause 14
11.6 Unless otherwise stated in the manufacturer’s documentation, all machines delivered to a UK mainland address carry a Strongbox warranty of 2 years. Customers who wish to make a warranty claim must comply with the Strongbox instructions and warranty procedure. If you are a consumer, this does not affect your statutory rights.
11.7 This warranty shall not apply if the machines have been worked upon, altered or damaged in any way by the Customer or its employees or agents.
11.8 No software on which seals have been broken can be returned for credit. If any software discs are faulty, the Strongbox will replace them. If you are a consumer this does not affect your statutory rights. Please note Software Licences are non returnable unless the software is materially non-compliant with its specification or the physical media on which it is supplied is defective.
11.9 Some software manufacturers require goods to be returned within 7 days or less in order to secure refund. In such instances the manufacturer’s time limit will apply and therefore Strongbox will only accept a return within 7 days of purchase or the software manufacturer’s time limit, if that limit is less than 7 days. We can only accept the return of a defective product that does not meet the description, if they are returned to us within 7 days. Beyond that period you will be deemed to have accepted the software and you must therefore check the software promptly on receipt.
12. Strongbox liability
12.1 In its dealings with Business Customers, Strongbox shall under no circumstances be liable for any consequential or indirect damage or loss, however caused, including (but not restricted to) loss of business or profits, loss of goodwill, damage to trading relationships loss of data and other financial loss. (“Financial loss” in this sense does not refer to the price you have paid for the goods, which we may be liable to refund to you, in whole or in part, if the goods are faulty or do not comply with their description). Strongbox liability in respect of all other losses shall be limited to the invoiced amount of the relevant order.
13. Force Majeure
13.1 Where, in spite of its reasonable efforts, Strongbox is unable to perform an obligation due to circumstances beyond its reasonable control, it shall not be deemed to be in breach of its contract with the Customer.
14. The Consumer Protection (Distance Selling) Regulations 2000
14.1 Contracts for the purchase of goods by a Customer not acting in the course of a business and made by email or telephone, are, with the exception of certain excepted contracts, subject to The Consumer Protection (Distance Selling) Regulations 2000 (‘the Regulations’).
14.2 If the Regulations apply, Customers may cancel goods purchased from Strongbox by sending a written notice of cancellation by post or hand delivery addressed to Customer Services by email to email@example.com
14.3 The notice of cancellation must be delivered within 7 working days of the day after date of delivery of the machines.
14.4 The Customer will be responsible for the cost of returning the machines if he or she exercises this right of cancellation under the Regulations.
15. Errors and Omissions
15.1 Strongbox makes every effort to ensure that all prices and descriptions quoted in its its website are correct and accurate. However, the frenetic tempo of e-commerce makes it inevitable that mistakes will occasionally occur. In the case of a manifest error or omission, Strongbox will be entitled to rescind the contract, notwithstanding that it has already accepted the Customer’s order and/or received payment from the Customer. Strongbox’s liability in that event will be limited to the return of any money the Customer has paid in respect of the order.
16. Sale and Purchase
16.1 Strongbox shall sell and the Customer shall purchase such quantities of the Products as may be ordered by the Customer
17.1 Except to the extent expressly provided in Strongbox Terms and Conditions of Sale, if applicable, Strongbox makes no warranty, express or implied, or representation whatsoever regarding the website or the Content or any advertising, services or products provided through or in connection with this website.
18.1 Nothing in these terms and conditions affects your statutory rights as a Consumer.
18.2 If any provision in this Agreement is held to be invalid or unenforceable, it shall be deemed severed from the Agreement and this shall not affect the validity or enforceability of the remaining provisions.
18.3 These terms and conditions shall be governed by and construed in accordance with the laws of England &Wales and the parties submit to the exclusive jurisdiction of the English courts in respect of any matter arising in connection with these Terms and Conditions and/or
this web site. This web site is controlled and operated by Strongbox from its offices in England.