Terms and Conditions of Sales and Services

These terms and conditions apply to all online sales and services provided by Build Your Box. You will be asked to read and accept the Terms and Conditions when you register online with Build Your Box. These Terms and Conditions may be changed at any time; any changes will take effect on the date they are posted on the site.

1.0 The Agreement

This document forms part of an agreement between Build Your Box & you, the customer. The agreement is a binding document and customers should ensure that they understand it.

This agreement is a written record of what Build Your Box supplies; this record is in place to ensure that no mistakes are made. Therefore changes to this document will only be supplied as a written document and will not be given verbally.

This agreement does not affect your statutory rights, and in the event of any uncertainties your statutory rights will take priority.

2.0 Quotations and Orders

2.1 Quotations

Build Your Box will, on occasion, provide a quotation on a product/custom build. The quotation will be provided in writing only and will be valid for 10 days after the quotation date, unless otherwise stated in the quotation document.

2.2 Orders

An order placed by you, the customer for products and/or services will be regarded as an offer by the customer to purchase products and/or services provided by Build Your Box under the terms of this agreement.

2.3 Order Confirmation

When an order is placed Build Your Box will contact the customer with an order confirmation making this agreement binding. Order confirmation is binding except where there is an inconsistency between the order and order confirmation and where the inconsistency is unacceptable to the customer. You, the customer will be sent a copy of the order confirmation; Build Your Box recommends that the order confirmation be read to identify any inconsistencies.

2.4 Order Changes

Build Your Box reserves the right to make changes to orders which will be identify any such changes within the order confirmation. Changes to products and or services will offer equal to or greater performance. In the event a product cannot be provided, or a suitable alternative, the customer will be contacted directly to arrange an alternative solution. Any changes to products will be reported to the customer whom will be required to agree to before an order confirmation is sent.

3.0 Price and Payment

The price that customers have to pay will be made know on Build Your Box order confirmation documents and invoices. All payments are required before products and/or services are provided. Build Your Box will postpone all deliveries until full payment has been received. Build Your Box reserves the right to pass on any additional costs incurred due to late payments onto the customer.

4.0 Delivery

4.1 Delivery Address

The place of delivery is stated on the order confirmation document, which should be checked by you the customer. Some orders may contain multiple packages; in some cases they may be delivered separately, the customer will be informed of this prior to delivery.

4.2 Delivery date

Build Your Box aims to deliver all orders within 5 to 15 working days of confirmation of payment, if the delivery date will exceed 15 working days the customer will be contacted. At this point a new delivery date will be agreed upon; the customer can refuse a new delivery date and cancel the order and receive a full refund without charge. When multiple packages are sent the delivery time of 5 to 15 working days applies to all packages.

4.3 Delivery Service

Build Your Box uses Parcel Force to deliver customer orders, when an order is dispatch customers will recieve a tracking number which can be used on the Parcel Force website to track the delivery.

5.0 Passing of Ownership

5.1 Ownership of Product

Ownership of product/s passes to the customer upon delivery to the customer, Build Your Box may recover any products prior to the passing of ownership at any time if the customer is in breach of this agreement.

5.2 Reasonable Care of Products

Within 7 working upon delivery of product the customer has a duty to take reasonable care of the delivered product/s. Upon delivery of product/s liability for damage caused by use, handling or storage passes to the customer.

6.0 Acceptance of Products on Delivery

6.1 Missing or Incorrectly Delivered Products

Build Your Box should be notified by the customer if delivery contains missing product/s, contains incorrect products or are not to the specification of the order. Build Your Box should also be notified of products which are visibly damaged or have any non-visible defect.

6.2 Returns

The product can be returned by the customer for whatever reason under the terms and conditions of this agreement. Customers should help in returning product/s to Build Your Box; they should be made available for collection at a mutually suitable time. Product/s can be returned no later than 7 working days after the passing of ownership, Build Your Box should be contacted no later than the 7th day to start the returns procedure.

6.3 Reasonable Care for Returns

The customer, whilst in possession of the product/s, shall take reasonable care to certify that the product/s are not damaged whilst in their possession and made secure for transport. Build Your Box shall take action against the customer if the product/s are returned in a condition which makes them unfit for resale whilst in the ownership of the customer.

6.4 Refunds

On return, Build Your Box will refund the price paid, less the direct cost of recovering the product/s when applicable. Requesting a refund will nullify the Build Your Box collect and return service. The customer will receive the refund within 30 days of the date the product/s were received; refunds are subject to condition 6.3 of this agreement.

6.5 Refund Timeframe

The customer has 7 days from passing of ownership to initiate refund proceeding by contacting Build Your Box directly and arranging the return of the product/s. The customer can request a refund within 30 days if the product/s have been deemed to be faulty subject to condition 6.3. Additional charges may apply if a refund is requested after a repair has been requested by the customer and performed by Build Your Box. After this 30 day period the customer will be able to request a repair or replacement product subject to conditions 7.1 and 7.4.

7.0 Statutory Rights, Warranties, Repairs and Replacements

7.1 Repairs

Build Your Box has a legal obligation to repair or replace products; products will only be repaired/replaced if the product/s were damaged or faulty prior to the passing of ownership to the customer or a fault has occurred during the proper use of the product. Any modification or repair undertaken will void any obligation of Build Your Box to repair/replace products.

Build Your Box will refer customers to third party software licensors in the event of software failure. Build Your Box will request software licensors to fulfil Build Your Box’s and/or their own legal obligation relating to the licensor’s software.

Repairs will be carried out to return product/s to an equivalent or greater standard to the original product. During repair Build Your Box will own any parts removed from product/s and in some cases may require customers return removed parts.

7.2 When Obligation Does Not Apply

Build Your Box’s legal obligation to repair product/s does not apply in certain situations. When a defect is caused by an external cause such as; fair ware and tear, accidents, hazards, humidity control, electrical stress or other environmental factors and software or hardware loaded onto or connected to product/s by the customer (which has not been supplied by Build Your Box). Non-critical parts of any product which are not required for the product to function are not replaced or repaired.

7.3 Reasonable Action

Build Your Box will use reasonable action to meet delivery times as stated in this agreement. However actual delivery times may vary depending upon, but not limited to, remoteness and accessibility to customer location, weather conditions and availability of components. Build Your Box liability is excluded from removal of hardware and/or software not supplied by Build Your Box, preventative maintenance, repairs to product/s that are working with in industry standards, the transfer of data, software or viruses. Customers are responsible for the installation and/or removal of third party software and hardware from Build Your Box systems.

7.4 Warranty

Build Your Box offers warranties on all products, generally every order will have a warranty time frame associated with the purchase, usually, but not limited to, either one, two or three years. Each warranty will include some or all of the following, a collect and return service, parts and labour and/or labour only.

• The collect and return service is usually provided, but not limited to, the first 12 months of the warranty. This service will require the customer to contact Build Your Box within the timeframe associated with their order and an appropriate time will be arrange for Build Your Box to send a courier. The customer will then need to package any products with reasonable care. This service is not available for purchases outside the UK.
• Parts and labour is usually offered at no extra cost for the first 12 months after passing of ownership. In these cases it is the customers responsibility to contact Build Your Box to arrange a time when product/s will be delivered back to Build Your Box for repair. The delivery to Build Your Box is at the cost of the customer. Any parts which need replacing will be covered by a parts and labour warranty and will not incur further costs.
• In some cases the warranty will only cover the costs of labour and any parts will be charged to the customer.
• Delivery costs to return products back to the customer will be at the expense of Build Your Box except in cases where the warranty is void, or no fault could be found.

Warranty services can have turnaround times of up to 20 working days to have any product/s repaired/replaced and returned to the customer.

7.5 Extending Warranty

Build Your Box will extend, to the extent that it is permitted to do so, the benefit of any warranty or guarantee provided by the manufacturer or supplier of third party software and/or product/s.

7.6 Service Medium

The Build Your Box service may be provided in a variety of mediums including postal, telephone, email and online services. Build Your Box endeavours to provide the most appropriate medium of communication, where possible, to customers at their convenience.

7.7 Product Suitability

All products sold by Build Your Box will be suitable for general domestic use only. Additional requirements for use of Build Your Box products outside a domestic environment must be agreed in writing prior to purchase.

7.8 Defective Products

If a product cannot be repaired Build Your Box will replace the product in accordance with this agreement and within a reasonable time frame.

7.9 Void Warranty

Any warranty can be deemed void under, but not limited to, the following conditions;

• Where a fault was caused by the customers improper use of the product/s.
• Where a software issue caused a fault (excluding the initial installation of any Operating System).
• Where the product/s were Overclocked by the customer or 3rd party.
• Where hardware changes/additions have been made to the inside of the product/s.
• Where the case has been opened, unless Build Your Box has requested you or a 3rd party to do so.
• Where connecting third party equipment to the porduct (e.g. via USB) caused a fault.

8.0 Force Majeure

8.1 Responsibility

Neither Build Your Box nor the customer is responsible for non-performance in extraordinary circumstances beyond reasonable control. In such cases both parties will be freed from obligation of any contract. If these circumstances prevent Build Your Box from being able to deliver products within the specified delivery times the customer can request a refund. Additionally if the force majeure event last longer than 60 days Build Your Box can itself terminate the contract of this agreement and return the entire amount paid to the customer, the customer will be notified if such proceedings commence. No compensation will be paid to the customer if a force majeure event occurs.

9.0 Liability

9.1 Accepting Liability

Build Your Box will accept liability for any loss or damage to private property, death or personal injury caused by the proper use of products supplied, furthermore Build Your Box accepts liability due to the negligence or deliberate misconduct of any Build Your Box employees. This liability will be assessed in accordance with these terms and conditions and per incident basis.

9.2 Where Build Your Box is Not Liable

In certain circumstances Build Your Box will not accept liability where loss, damage, death or personally injury occurs when circumstances;

• Were not realistically foreseeable by both parties
• Were known by the customer and failed to inform Build Your Box of any risk
• Were caused due to the improper use of products
• Were foreseeable and preventable by the customer, including but not limited to;
  • Loss of data caused by failure to keep regular backups on separate storage area/device
  • Loss of data or operating instability caused by Virus damage and or spyware and or adware
  • User inflicted problems caused by failure to read and or follow instructions provided with products
  • User inflicted problems caused by failure to follow written or verbal instructions provided by Build Your Box

9.3 Preventing Loss

To minimise the possibility of loss, damage etc. customers are encouraged to contact Build Your Box as soon as a problem is found. Build Your Box will help to prevent any loss and or damage by instructing users accordingly.

10.0 Data Protection

10.1 Personal Data

Build Your Box will follow all applicable laws that apply to personal data provided by the customer to Build Your Box. Additionally personal data will be handled in accordance with Build Your Box’s privacy policy.

10.2 Confidentiality

Information provided to or by either party should be treated a reasonable degree of care and where the information appears confidential should be treated as such.

11. Termination of Agreement

11.1 When the Agreement Can be Terminated

Either party may terminate this agreement if;

• A constant breach of these terms and conditions is made and is failed to be rectified within a reasonable timeframe of receiving written notice from the other party
• The customer fails to pay on time
• A breach of export laws by the customer occurs
• Either party becomes bankrupt or is unable to pay outstanding debts

11.2 When Full Payment is Received

Build Your Box cannot be relived of this agreement in the event the customer becomes bankrupt after full payment has been received.

12.0 Law and Jurisdiction

This Agreement is to be interpreted in accordance with English Law but may be subject to the jurisdiction of the English, Welsh, Northern Irish or Scottish courts at the claimant's choice.

If any parts of this agreement are found to be unenforceable by a court, the rest are unaffected. All notices must be in writing and sent to a legal officer of each party, at the address provided on the invoice.