T/A Euroland Computers Limited

1. Definitions

1.1. In these Conditions, “Conditions” refer to these terms and conditions of trade as well as any particular terms and conditions indicated on any written quotation or acceptance of the Customer’s order.
1.2. “Customer” refers to the party specified as the Customer in these terms and conditions to which Euroland IT Store (T/A Euroland Computers LTD.) may agree to supply Products in line with these terms and conditions.
1.3. When a customer inserts a Company Name in their account, they are treated as a business, and all
dealings are subject to these standards as a Business-to-Business transaction.
1.4. The “Contract” is the purchase and sale agreement for the products.
1.5. A “Quotation” is a written or verbal offer made by Euroland IT Store (T/A Euroland Computers LTD.).
1.6. ” The term “Euroland IT Store” refers to Euroland Computers Limited, based in Devonshire House, 582 Honeypot Lane, Stanmore, Middx, HA7 1JS, as well as any subsidiary or associated business.
1.7 “Products” refers to the goods or services that Euroland IT Store (T/A Euroland Computers LTD.) will offer to the Customer in accordance with these terms, including but not limited to computer software and hardware.
1.8. “Third Party Software” refers to all software that is included in the Products and is owned by the Customer or licensed to the Customer from a third party owner, regardless of whether Euroland IT Store (T/A Euroland Computers LTD.) supplied the software.

2. Order Acceptance

2.1. All orders set with Euroland IT Store (T/A Euroland Computers LTD.) by the Client for Items will comprise a proposal to Euroland IT Store (T/A Euroland Computers LTD.), under these circumstances, dependent upon accessibility of the items and to acknowledgment of the request by Euroland IT Store’s (T/A Euroland Computers LTD.) approved delegate.
2.2 All orders are acknowledged and Items provided subject to these express agreements as it were. The authorized representative of Euroland IT Store (T/A Euroland Computers LTD.) must sign off on any changes to these terms and conditions before they become effective.
2.3 Unless Euroland IT Store (T/A Euroland Computers LTD.) amends the Customer’s terms and conditions of purchase in writing and with the signature of its authorized representative, it is agreed that these terms and conditions will prevail.
2.4. Employees or agents of Euroland IT Store (T/A Euroland Computers LTD.) are not authorized to make any product-related claims without prior written confirmation from Euroland IT Store (T/A Euroland Computers LTD.). The customer acknowledges that it does not rely on and hereby irrevocably waives any claim for damages or right to rescind the contract based on any such confirmed representations (unless such representations were made fraudulently).
2.5. Any counsel or suggestion given by Euroland IT Store (T/A Euroland Computers LTD.) or its workers or specialists to the Client or its representatives or specialists regarding the capacity, application or utilization of the Items which isn’t affirmed recorded as a hard copy by Euroland IT Store (T/A Euroland Computers LTD.) is followed or followed up on completely at the Client’s own risk and, in like manner, Euroland IT Store (T/A Euroland Computers LTD.) will not be obligated for any such guidance or proposal which isn’t all that affirmed.
2.6. Any typographical, clerical, or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice, or other document or information issued by Euroland IT Store (T/A Euroland Computers LTD.) can be corrected without Euroland IT Store (T/A Euroland Computers LTD.) being held responsible for the error or omission.

3. Independent Contractor

3.1. The Supplier and the Customer have an independent contractor relationship. Neither party is the other’s agent, and neither party has the authority to compel a contractor to perform any obligation on its behalf without the other party’s prior written consent for specific purposes related to the performance of these conditions.

4. Dispatch

4.1. Any time quoted for delivery or dispatch should only be considered an estimate. Euroland IT Store (T/A Euroland Computers LTD.) will not be held accountable for any kind of direct or indirect loss, damage, or penalty caused by a delivery or dispatch delay.
4.2. Time for conveyance will not be of the substance.
4.3. If there is a delay and the customer is not informed, Euroland IT Store (T/A Euroland Computers LTD.) is not liable for any loss or damage. Estimated times may be altered as a result of alterations in specifications or instructions.
4.4. It is possible to receive the products in installments. The Customer is not entitled to treat the Contract as a whole as repudiated if Euroland IT Store (T/A Euroland Computers LTD.) fails to deliver any one or more of the installments in accordance with these Conditions or if the Customer asserts a claim in relation to any one or more installments. Each delivery is its own contract.
4.5. The spot for conveyance of the Items will be informed to Euroland IT Store (T/A Euroland Computers LTD.) by the Client preceding dispatch of the Items. Assuming the Client neglects to take conveyance of the Items or neglects to give Euroland IT Store (T/A Euroland Computers LTD.) sufficient conveyance directions at the time expressed for conveyance then Euroland IT Store (T/A Euroland Computers LTD.) might store the Items until genuine conveyance and charge the Client for the expenses (counting protection) of capacity and redelivery; or sell the products at the best price possible and, after deducting all storage, selling, and other costs, charge the customer for any shortfall or account for any excess over what the customer owes.
4.6. When the products are shipped by Euroland IT Store (T/A Euroland Computers LTD.), the customer bears the risk. Euroland IT Store (T/A Euroland Computers LTD.) is not responsible for damage or loss caused by the carrier.
4.7. The customer is required to notify Euroland IT Store (T/A Euroland Computers LTD.) within two days of the invoice date if the products have not been received. Within 14 days of the invoice’s date, requests for proof of delivery must be made.

5. Cancellation and Rescheduling

5.1. With the exception of clause 9.2, Euroland IT Store (T/A Euroland Computers LTD.) will only consider a request from the customer to cancel an order or reschedule a delivery if it is made at least 12 hours before the products are shipped. If accepted, Euroland IT Store (T/A Euroland Computers LTD.) reserves the right to charge a reasonable administrative fee for handling the request. As a result of the order’s cancellation or rescheduling, the customer agrees to hold Euroland IT Store (T/A Euroland Computers LTD.) harmless from any and all losses, costs (including the cost of labour, materials, and overhead), damages, fees, and costs.

5.2. Euroland IT Store (T/A Euroland Computers LTD.) might drop the Agreement with the Client by giving composed notice if:

5.2.1. Payment has not been made on any invoices for the sale of products from Euroland IT Store (T/A Euroland Computers LTD.).
5.2.2. Euroland IT Store (T/A Euroland Computers LTD.) is informed by the Products’ manufacturer of an increase in price.
5.2.3. Following the manufacturer’s termination of the Products or an insufficient supply from the manufacturer, Euroland IT Store (T/A Euroland Computers LTD.) is unable to effect delivery for reasons beyond its control.
5.2.4. Any money paid for the products will be refunded to the customer by Euroland IT Store (T/A Euroland Computers LTD.) once the notice of cancellation is given. The cancellation will not result in any damage or loss on the part of Euroland IT Store (T/A Euroland Computers LTD.).

6. Pricing

6.1. Euroland IT Store (T/A Euroland Computers LTD.) only uses price lists, catalogues, and other advertising materials to show the price and range of the products it offers. The prices, descriptions, and other information in these materials do not bind Euroland IT Store (T/A Euroland Computers LTD.).
6.2. At the time of the order, Euroland IT Store (T/A Euroland Computers LTD.) provides all prices ex-works, and the customer is responsible for paying for shipping, packaging, and insurance.
6.3. The cost to Euroland IT Store (T/A Euroland Computers LTD.) of providing the Products to the Customer is the basis for all quoted or listed prices. At Euroland IT Store’s (T/A Euroland Computers LTD.) discretion, the payment amount may be adjusted without notice if, prior to the delivery of the products, costs related to those products that have not yet been delivered rise in any way.
6.4. Value Added Tax (VAT) and other similar taxes are not included in the prices. The Customer is responsible for paying these taxes, and they will be provided in accordance with the UK legislation in effect at the tax point date.
6.5. The invoices issued by Euroland IT Store (T/A Euroland Computers LTD.) must be paid in full by the customer without deduction or setoff. Euroland IT Store (T/A Euroland Computers LTD.) might recuperate the cost despite that conveyance might not have occurred and property in the Items has not passed to the Client. The payment deadline must be met immediately.
6.6. Before an order is accepted, quotes can be cancelled at any time. After one day from the date of the tender, they are considered to have expired.

7. Payment Terms

7.1. Solicitations will be raised and dated by Euroland IT Store (T/A Euroland Computers LTD.) on the date of dispatch of the Items. Prior to the shipment of the products, invoices must be paid in 30 days from the date of invoice in full unless otherwise specified and agreed upon. Installments which are not made when payable will be viewed as past due and the client is payable by the client along with a premium for late installment from the date payable at the pace of 10% per annum over the base rate for now of Barclays Bank plc. This interest will be due on demand both after and before the judgment and will accrue daily.
7.2. If the customer has a credit account with Euroland IT Store (T/A Euroland Computers LTD.), the credit limit that is set by Euroland IT Store (T/A Euroland Computers LTD.) from time to time cannot be exceeded without the written consent of an authorized representative of Euroland IT Store (T/A Euroland Computers LTD.). Euroland IT Store (T/A Euroland Computers LTD.) reserves the right to revoke credit terms at its discretion.

8. Retention of Title & Risk

8.1. The Customer will acquire sole title to the hardware products once the Customer has paid in full all prices, taxes, and other fees associated with the Products and any Products that were previously provided to the Customer.
8.2. Even if Euroland IT Store (T/A Euroland Computers LTD.) sends the products to the customer and transfers risk to them in accordance with Clause 4 or any other provision of these terms, the customer will not receive ownership of the hardware products until Euroland IT Store (T/A Euroland Computers LTD.) receives payment in full or in cleared funds for the price of the products and all of the products agreed to be sold by Euroland IT Store (T/A Euroland Computers LTD.) to the customer for which payment is then due.
8.3. The Customer shall hold the Products as the fiduciary agent and bailee of Euroland IT Store (T/A Euroland Computers LTD.) and shall keep the Products properly stored, protected, insured, and identified as Euroland IT Store (T/A Euroland Computers LTD.) property until the Property passes to the Customer. Until then, the customer is allowed to resell or use the products in the normal course of business. However, the customer is required to account to Euroland IT Store (T/A Euroland Computers LTD.) for all proceeds, tangible or intangible, including insurance proceeds, from sales or other activities involving the products. These proceeds must be kept separate from the customer’s own funds and property and from those of third parties, and any tangible proceeds must be properly stored, protected, and insured.
8.4. Euroland IT Store (T/A Euroland Computers LTD.) shall be entitled at any time to require the Products to be delivered to Euroland IT Store (T/A Euroland Computers LTD.) and, if the Customer fails to do so immediately, to enter upon any premises of the Customer or any third party where the Products are stored and repossess the Products, provided that the Products are still in existence and have not been resold.
8.5. If an administrative receiver is appointed over all or a portion of the Customer’s assets, the Customer is declared bankrupt, enters compulsory or voluntary liquidation, makes an arrangement with its creditors, or otherwise fails to pay its debts as defined by the Insolvency Act 1986, the Customer’s power of sale or use of the Products ceases immediately.
8.6. The Customer agrees to return the Products to Euroland IT Store (T/A Euroland Computers LTD.) immediately upon termination of the Company’s power of sale or right to use.
8.7. The Customer will not be qualified for vow or in any capacity charge via security for any indebtedness any of the Items which stay the property of Euroland IT Store (T/A Euroland Computers LTD.), yet in the event that the Customer does as such, all monies owing by the Customer to Euroland IT Store (T/A Euroland Computers LTD.) will (without bias to some other right or cure of Euroland IT Store (T/A Euroland Computers LTD.)) forthwith become due and payable.
8.8. At any time, Euroland IT Store (T/A Euroland Computers LTD.) reserves the right to stop providing the customer with the products. Euroland IT Store (T/A Euroland Computers LTD.) reserves the right to immediately charge the entire customer’s account if supplies are cut off and Euroland IT Store (T/A Euroland Computers LTD.) withdraws any available credit.

9. Specification of Products

9.1. In the event that the manufacturer’s specifications or technical data are changed for any reason, Euroland IT Store (T/A Euroland Computers LTD.) will not be held liable for any losses or damages incurred as a result, nor will it be held liable for any shortages or interruptions in supply that occur as a result of such a change. Euroland IT Store (T/A Euroland Computers LTD.) will utilize its sensible undertakings to instruct the Customer with respect to any such approaching variety when it gets any such notification thereof from the producer.
9.2. Products are supplied in accordance with the manufacturer’s standard specifications, which may be improved, substituted, or modified unless otherwise agreed upon. In the event that Euroland IT Store (T/A Euroland Computers LTD.) accepts orders for products with non-standard specifications, the company reserves the right to raise its quoted or listed price and will never accept cancellation or return of those orders.

10. Proprietary Rights in Software Products

10.1. The Customer acknowledges that the owner of the Third-Party Software retains ownership of all proprietary rights to that Third-Party Software, including but not limited to title or ownership rights, patent rights, copyright rights, and trade secret rights.
10.2. The Customer thusly recognizes that it is its only liability to consent to any agreements of permit joining to Outsider Programming provided and conveyed Euroland IT Store (T/A Euroland Computers LTD.) (counting assuming this is the case required the execution and return of an Outsider Programming permit). The proprietary owner may refuse to grant the Customer a software license or revoke the Customer’s license if the Customer fails to abide by these terms and conditions. In addition, the customer agrees to hold Euroland IT Store (T/A Euroland Computers LTD.) harmless in the event that the customer violates this provision and Euroland IT Store (T/A Euroland Computers LTD.) is sued by a third-party software owner.
10.3. Under no circumstances does the customer receive a transfer of ownership or title to any software products or third-party software licenses granted to them under this agreement.

11. Acceptance / Return of Products

11.1. The Products must be inspected upon delivery by the Customer; unless the Customer notifies Euroland IT Store (T/A Euroland Computers LTD.) in writing of any defects within 48 hours of delivery and gives Euroland IT Store (T/A Euroland Computers LTD.) an opportunity to inspect the Products within a reasonable time following delivery and before the Products are used, the Products are presumed to be in compliance with the Contract and free of defects or damage, and the Customer is considered to have accepted the Products. Restocking fee of 25% plus VAT may apply for products ordered incorrectly and no longer required.
11.2. Products that do not conform to the Contract cannot be rejected by the Customer after acceptance. A defect or failure that is so insignificant that it would be unreasonable for the Customer to reject the Products is in no way grounds for the Customer to reject the Products.
11.3. The Customer will inform Euroland IT Store (T/A Euroland Computers LTD.) of any deficiency of amount or harm to the Items or any supposed inability to conform to its portrayal inside 2 working long stretches of receipt of the Items.

11.4. These conditions must be met before a return can be made:

11.4.1. Having obtained prior permission from Euroland IT Store (T/A Euroland Computers LTD.), which will be granted at its sole discretion.
11.4.2. Within five days of the invoice’s date.
11.4.3. The goods must be appropriately packaged.
11.4.4. The products must be unopened and unmarked.
11.4.5. A packing list must accompany the products.
11.4.6. The Product is still warrantied (see clause 12).

11.5. Products that do not meet the requirements outlined in clause 11.4 may be rejected by Euroland IT Store (T/A Euroland Computers LTD.). And will be freight-collected returned to the customer. The products will not be accepted by Euroland IT Store (T/A Euroland Computers LTD.) unless they are still in their original packaging.
11.6. In the event that Euroland IT Store (T/A Euroland Computers LTD.) by the by consents to acknowledge any Items returned which are not in a saleable condition, Euroland IT Store (T/A Euroland Computers LTD.) claims all authority to charge the expense for the Customer of bringing the Items into a saleable condition.
11.7. The customer is responsible for paying Euroland IT Store (T/A Euroland Computers LTD.) a minimum restocking handling fee of at least 25% of the invoice price of each item & delivery cost will be deducted if any and the product need to be return back to the company at customer cost, if Euroland IT Store (T/A Euroland Computers LTD.) accepts product returns. The items must also be returned with shipping included. Euroland IT Store’s (T/A Euroland Computers LTD.) liability is strictly limited to the replacement, repair, or credit of the invoiced value of the defective Products, subject to clause 13 of these Conditions.

12. Warranty

12.1. Euroland IT Store (T/A Euroland Computers LTD.) guarantees that it is authorized to offer the Customer all of the Products in good title.
12.2. Unless specifically advised otherwise, hardware products will only be repaired or replaced in accordance with their manufacturer’s warranty coverage or terms if any part of them proves to be defective in materials or workmanship during normal service or operation. Assuming that neither the Product nor the system it is a part of have been altered without permission. Euroland IT Store (T/A Euroland Computers LTD.) isn’t answerable for the expense of work or different costs caused in fixing blemished or non-adjusting parts.

12.3. Replaced parts covered by the warranty will only be covered for the remainder of the original warranty period.

12.3.1 Customers from outside of Europe (T/A Euroland Computers LTD.) will be responsible for transportation fees to and from Euroland IT Store (T/A Euroland Computers LTD.).

12.4. The sole obligation of Euroland IT Store (T/A Euroland Computers LTD.) in connection with the supply of software products is to use all reasonable efforts to obtain and supply a corrected version from the manufacturer in the event that such software product fails to conform to the product description, provided that the Customer notifies Euroland IT Store (T/A Euroland Computers LTD.) of any such non-conformity within 90 days of the date of delivery of the relevant software product. All software products supplied under this agreement are provided “as is.” In particular, Euroland IT Store (T/A Euroland Computers LTD.) gives no express guarantee according to the Items date consistence and can’t acknowledge any obligation corresponding to any misfortunes, expenses or costs which emerge through any trouble caused over date changes.
12.5. On the off chance that the Items are dismissed by the Customer as not being as per the Customer’s structure compliant with provision 12.2 or 12.3, Euroland IT Store (T/A Euroland Computers LTD.) will just acknowledge the arrival of such Items given that it gets composed notice thereof giving nitty gritty explanations behind dismissal. If a claim for compensation, indemnity, or refund under liability has been established or agreed upon with the manufacturer and, where applicable, the insurance company, Euroland IT Store (T/A Euroland Computers LTD.) will not consider it. The customer must first receive a credit note from Euroland IT Store (T/A Euroland Computers LTD.) before deducting or compensating the invoiced products.
12.6. Besides as explicitly set out in this condition 12, Euroland IT Store (T/A Euroland Computers LTD.) repudiates and prohibits any remaining guarantees, whether express or suggested, by sculpture etc., including yet not restricted to the guarantees of Depiction, Plan, Good Quality and Qualification for a Specific Reason, or Emerging from any past course of managing, use or exchange practice.
12.7. Refurbished products carry a 90-day warranty from the date of receipt back to base.

13. Indemnities and Limits of Liability

13.1. Euroland IT Store T/A Euroland Computers Ltd will indemnify the Customer for direct physical injury or death caused solely by defects in any of the Products or caused solely by the negligence of its assigned employees acting within the course of their employment and the scope of their authority.
13.2. In any case, Euroland IT Store’s (T/A Euroland Computers LTD.) entire contractual liability is limited to damages equal to the purchase price of the Products. Euroland IT Store (T/A Euroland Computers LTD.) doesn’t endeavour to restrict risk for individual injury or demise brought about by its carelessness or the carelessness of its representatives or specialists. To the fullest extent permitted by law, all warranties, conditions, representations, and other terms implied by statute or common law are excluded, subject to the Unfair Contract Terms Act of 1977.
13.3. To the extent that the law does not permit the liabilities in question to be excluded, and unless otherwise specifically stated, Euroland IT Store’s (T/A Euroland Computers LTD.) total aggregate responsibility for all claims shall be limited to the price of the Products.
13.4. Except as stated in clauses 13.1 and 13.2, Euroland IT Store (T/A Euroland Computers LTD.) assumes no responsibility for the Customer’s use of the Products or for any special, indirect, or consequential damages, including but not limited to loss of profits as a result of data loss or in connection with the Customer’s use of the Products. The foregoing excludes all terms of any kind, whether express or implied, statutory or otherwise, regarding compatibility with a specific sample or description, suitability for a particular purpose, or merchantability.
13.5. The Client will repay and uphold Euroland IT Store (T/A Euroland Computers LTD.) and its workers in regard of any cases by outsiders which are occasioned by or emerge from any Euroland IT Store (T/A Euroland Computers LTD.) execution or non-execution compliant with the directions of the Client or its approved delegate.

14. Default

14.1. The Customer agrees to completely and effectively indemnify Euroland IT Store (T/A Euroland Computers LTD.) for any and all costs incurred by Euroland IT Store (T/A Euroland Computers LTD.) as a result of the Customer’s breach or breaches of these terms and conditions. Such costs should include (but are not limited to)

14.1.1. Everything Euroland IT Store (T/A Euroland Computers LTD.) spent on acquiring and manufacturing the Products
14.1.2. All court fees
14.1.3. All indemnity-based payments to the professional advisors of Euroland IT Store (T/A Euroland Computers LTD.) for pursuing claims against the customer for breach of these conditions and enforcing any judgments or orders.
14.1.4. All amounts due to Euroland IT Store’s (T/A Euroland Computers LTD.) insurers and/or debt collection agents, including anticipated amounts due by Euroland IT Store (T/A Euroland Computers LTD.) only after the Customer has paid any outstanding amounts.

14.2 Euroland IT Store (T/A Euroland Computers LTD.) reserves the right to apply any funds held to any outstanding debt.

15. Force Majeure

15.1. Euroland IT Store (T/A Euroland Computers LTD.) shall

15.1.1. In such case, we will not be liable for any loss or damage.
15.1.2. Be entitled to cancel or rescind the contract if the performance of its obligations under the contract is adversely affected by any cause whatsoever beyond its control, including (but not limited to) subcontractor delays or default, war, strike, lock-out, trade disputes, flood, accident to plant or machinery, shortage of materials or labour.

16. Termination

16.1. This understanding might be ended forthwith by notice recorded as a hard copy:

16.1.1. By Euroland IT Store (T/A Euroland Computers LTD.) if the Customer fails to pay any amounts due under this agreement by the due date, despite clause 7.1’s provisions for late payment.
16.1.2. If either party fails to carry out any of its obligations under this Agreement for a period of 14 days after receiving written notice thereof.
16.1.3. Without limiting any other rights or remedies, either party has the right to immediately terminate this Agreement if it is involved in any legal proceedings concerning its solvency, ceases trading, commits an act of bankruptcy, is adjudged bankrupt, enters liquidation, whether compulsory or voluntary, other than for the purposes of an amalgamation or reconstruction, makes an arrangement with creditors, petitions for an administration order, has a Receiver or Manager appointed over all or any part of its assets, or otherwise becomes unable to pay its debts.

16.2. Any termination of this Agreement under this section shall be without prejudice to any other rights or remedies to which a party may be entitled under this Agreement or at law, and shall have no effect on either party’s accrued rights or liabilities.

17. Export and/or Re-Export Limitation

17.1. The consumer will not export or re-export any products without first obtaining all such written consents or authorisations as may be required by any applicable government regulations, despite any disclosure made by the consumer to Euroland IT Store (T/A Euroland Computers LTD.) of an ultimate destination for any products. In addition, the consumer will not export or re-export any products without first obtaining all such written consents or authorisations as may be required by any applicable government regulations in the case of products manufactured in the United States of America.
17.2. Conveyance to addresses beyond the Assembled Realm might bring about import obligation and nearby duty charges for organizations. The products will be lost if the beneficiary fails to pay these fees. There will be no refund whatsoever for the purchase.
17.3. The customer agrees to pay any and all taxes incurred if, upon request, sufficient evidence of export is not provided and a supply is made at zero VAT.

18. Contract

18.1. The headings in this Agreement are only for your convenience and will not change how it is interpreted.
18.2. A party’s forbearance, delay, or indulgence in exercising its rights does not affect or limit that party’s rights, nor does a waiver of those rights or a breach of any contractual terms constitute a waiver of any subsequent right or breach.
18.3. Without Euroland IT Store’s (T/A Euroland Computers LTD.) prior written consent, the Customer agrees not to transfer any of its rights under this Agreement.
18.4. The remaining agreements will continue to have full force and effect even if any part of one of them is found to be illegal or unenforceable under any circumstance.
18.5. Neither party shall be liable to the other for any delay in performance of its obligations hereunder (other than a payment) in the event of force majeure, an act of God, an accident, fire, explosion, industrial dispute, or any other circumstance beyond its reasonable control.
18.6. Any reports or notifications sent by one party to the other under this agreement must be written down and sent in hard copy. They can be sent by registered mail or enrolled mail. Post will be considered to have been sent 2 working days after the date it was sent. After the date of this Understanding, any reports or notifications will be sent to the addresses listed on the first page of this Agreement or to a location specified in the standard procedure for exchanging written communications between parties in order to receive them.
18.7. These agreements will be understood as per English Regulation.