Terms and Conditions

This page tells you the terms on which we supply to you any of the products and services (‘Products’) listed on our website at Tradebox.co.uk (the ‘Tradebox website’). Please read these terms and conditions carefully before ordering any Products, as by ordering any of our Products, you agree to be bound by these terms and conditions. You may wish to print a copy of these terms and conditions for future reference.

You may also wish to read the Tradebox End User Licence Agreement (EULA) which governs the use of the software.

1. Information About Us

Tradebox Limited are registered in England and Wales under company number 04741300 and our registered office is at, Quay View, 18a-20a Union Quay, North Shields, Tyne and wear NE30 1HJ. Our VAT number is GB813431168.

2. Availability

Subscriptions to the Tradebox software can be made through the Tradebox website or via phone between 9am and 5pm on normal working days. Our site is intended for use by businesses resident in the U.K. We may not accept orders with a delivery address outside the U.K.

3. Your Status

By placing an order through Tradebox you make a binding contractual promise (or ‘warranty’) that:

(a) you are a UK registered business

(b) you are legally capable of entering into binding contracts;

(c) you are at least 18 years old; and

(d) if you are an individual placing an order on behalf of a business or entity which you work for, you are authorised to place it on their behalf.

4. How the contract between You and Us is formed

4.1 After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to subscribe to the Tradebox software. All orders are subject to acceptance by us, and we will confirm such acceptance to you by dispatching your product keys to enable your software, together with an invoice (Dispatch Confirmation). The contract between us (Contract) will only be formed when we send you the Dispatch Confirmation. If we do not accept your order for any reason we will contact you to discuss your order.

4.2 The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.

4.3 The Tradebox Licence that you have subscribed to will commence upon the day of subscription. The software will run for the duration of the licence taken.

5. Our Status

5.1 Please note that in some cases, we accept orders for Products as resellers of third party products and services. The contract to use those third party Products will be between you and that third party seller and is subject to their terms and conditions. They will advise you of these directly, usually when you install or first use their product or service. You should carefully review those terms and conditions.

5.2 We may also provide links on the Tradebox website to the websites of other companies, whether affiliated with us or not. We cannot promise that third party Products which you purchase through the Tradebox website, or from companies to whose website we have provided a link on the Tradebox website, will be of satisfactory quality, and we do not give any promise about those companies or their products and services. This disclaimer does not affect your statutory rights against the third party seller. We will notify you when a third party is involved in a transaction, and we may disclose your customer information related to that transaction to the third party seller.

6. Consumers

We do not wish to accept orders from consumers via the Tradebox website. You should only place an order with us in the course of operating a business, or similar organisation, for example a charity.

7. Availability and Delivery

All Tradebox software is delivered electronically and enabled using a product key. This key can only be issued during a working day. Any orders placed on a weekend or bank holiday will be fulfilled on the next available working day. Your Tradebox licence will commence upon the day the activation key is issued.

8. Price & Payment

8.1 All Tradebox products are based upon a recurring subscription model. The price of all subscriptions will be published on the Tradebox website from time to time, except in cases of error.

8.2 Subscriptions are based upon the number of channels required in the software to connect with marketplaces/websites.

8.3 Subscriptions are available for either a period of 3 months duration or 12 months duration. Committing to a 12 month subscription will provide a pro-rata discount off the annualised 3 month subscription, as published on the Tradebox website.

8.4 Prices given on the Tradebox website exclude VAT.

8.5 We may change our prices at any time, but changes will not affect orders for which we have already sent you a Dispatch Confirmation.

8.6 Payment for all subscriptions can be made via the Tradebox website. Subscriptions will automatically recur unless cancelled by the user. This can be done via the Tradebox website. Notifications of the automatic collection of future subscriptions will be automatically sent to the subscribers provided email address 10 days prior to the payment being collected.

9. Refunds & Cancellations

9.1 As with many Independent Software Vendors who offer digital software as a subscription, that is delivered electronically and controlled or activated by the issue of a Product Key, Tradebox are unable to offer refunds or cancellations on subscriptions made to our software. The reasons for this policy are because:

9.1.1 The digital software we sell subscriptions to is delivered electronically upon receipt of payment and cannot be returned.

9.1.1 The Product Keys issued to activate the software cannot be rescinded once issued.

9.1.3 The software is available free of charge to download, install, trial and asses for suitability prior to subscription.

9.1.4 The Tradebox helpdesk is available free of charge to assist the user during the trial.

9.1.5 The terms of use for the software stipulate that the user is a business.

9.2 If you are dissatisfied with the Product(s), or have any other concern with it/them, please email our customer care team on support@tradebox.uk.com or call 0191 257 4707.

10. Our Contractual Promises and Liability

10.1 We make a contractual promise (or ‘warranty’) that we will use our reasonable efforts to supply you with the Product(s) you have ordered within a reasonable period. To the extent permitted by law, and subject to clause 10.4, this promise overrides any warranty that may be implied into this Contract by law. Any warranty about the Product(s) purchased from us through the Tradebox website is described in the agreement which accompanied the Product(s).

10.2 Subject to clause 10.4, our liability for losses you suffer as a result of us breaking this Contract is limited to the purchase price of the relevant Product which we supplied to you.

10.3 Subject to clause 10.4, we are not responsible for:

(a) indirect losses which happen as a side effect of the main loss or damage which you make a claim for;

(b) loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time) however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable; and in each case whether caused directly or indirectly.

10.4 This does not include or limit in any way our liability for:

(a) death or personal injury caused by our negligence;

(b) fraud or fraudulent misrepresentation;

(c) you being able to use the Product(s) without someone else interfering with that use; or

(d) any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.

11. Written Communications

Applicable laws require that some of the information or communications we send to you should be in writing. When using the Tradebox website, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This does not affect your statutory rights.

12. Notices

All notices given by you to us must be given to us at support@tradebox.uk.com. If your notice is about legal proceedings please send a paper copy to our registered office, FTAO Head of Legal. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 11 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

13. Transfer of Rights and Obligations

13.1 The contract between you and us is binding on you and us and on our respective successors and assigns.

13.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.

13.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.

14. Events outside our Control

14.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).

14.2 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

15. WAIVER

15.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

15.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.

15.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 14 above.

16. Severability

If any of these terms or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

17. Entire Agreement

17.1 These terms and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.

17.2 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions

17.3 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party´s only remedy shall be for breach of contract as provided in these terms and conditions.

18. Our right to vary these terms and conditions

18.1 We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements, changes in our business strategy and operations and changes in our system's capabilities.

18.2 You will be subject to the policies and terms and conditions in force at the time that you order Products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within ten days of receipt by you of the Products).

19. Law and Jurisdiction

Contracts for the purchase of Products through Tradebox will be governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.