Terms and Conditions of Sale

 

1. General information and definitions

Goods and services offered by Serversimply Ltd are based on these Terms and Conditions of Sale (later "TCS"). By entering into a contract with Serversimply Ltd (later "Serversimply Ltd" , "Serversimply.com", "we"), a businessperson, e.g a company or corporation (later "customer"), automatically accepts these TCS, which are also a part of every contract regarding the goods and services Serversimply Ltd offers.

These terms and conditions of sale are considered accepted by the customer after accepting the order confirmation or pro-forma invoice for the goods.

2. Ordering and right of ownership transfer

You will receive the pro-forma invoice for pre-payment of goods once we have checked and confirmed your order.

Serversimply Ltd has the right to modify the ordered product configuration in case of error before confirming the order made by the customer.

The right of ownership of Goods shall transfer from Serversimply Ltd to the customer upon the delivery of goods. 

Please note that as configurations are custom-made, we do not keep all the goods in stock. Therefore we will send your order in for production or manufacturer’s warehouse delivery after receiving a cleared payment. Delivery to the customer usually takes a few days, while production, testing and installation phases may take 1 to 4 weeks.

3. Prices and payment

Prices at serversimply.com are in EUR and are exclusive of VAT.

Transport and handling costs are calculated and added to the total in checkout. VAT will also be added in checkout, when applicable.

Transportation cost depends on the weight and measurements of the ordered goods and the destination delivery address.

Payment for the ordered goods is possible via bank transfer. Currently we offer the option of the advance payment only.

Please check this space again for alternative payment methods.

You will receive the pro-forma invoice for the chosen goods once we have checked and confirmed your order.

4. Goods delivery and customs

Our transportation partners are ACE Logistics, DHL and DPD. Ex-works option is also available at checkout. You will be able to track your goods from the transport company’s website with the provided tracking number.

As all ordered configurations are custom-made, we do not keep all the goods in stock. Therefore we will send your order in for production or manufacturer’s warehouse delivery after receiving a cleared payment.

Delivery to the customer usually takes a few days, while production, testing and installation can take 1 to 4 weeks.

Any customs, import and/or export costs, fees and other possible charges upon receiving the ordered goods are to be borne by the customer. Ordered goods are sent out from Tallinn, Estonia.

It is the responsibility of the customer to reject parcels that got damaged during the transport and send an email to our support@serversimply.com describing the matter.

5. Server Simply warranty

Below you will find information about the warranty packages and their conditions that we offer. Our warranty packages cover only servers sold at serversimply.com . Other products that we resell are covered by their manufacturer’s warranty, which can be purchased additionally from us. Server Simply warranty validity period starts from the invoice date.

5.1 Standard warranty and validity period

All servers and components are delivered with standard warranty. This warranty covers defective components used in the assembly of equipment and defects arising from assembly. Warranty period depends on the manufacturer. The duration of standard warranty is specified in the contract of sale. Warranty terms and conditions are available on the websites of manufacturers.

Standard warranty grants rights governed by law that may differ by country. Our liability for malfunctions and hardware defects is limited to technical support, repairs and replacement as explained in this document. After the expiry of the warranty period, no warranty work shall be applicable directly or indirectly.

In the event of discovering a defect during the warranty period, customers can return the component or goods to our warehouse by starting a return merchandise authorization (RMA). After reviewing and accepting the RMA, we will notify the customer about the acceptance, and order the respective replacement goods or components from the manufacturer and ship it out to the customer.

All goods and components returned for replacement must include the serial number as well as all the original parts and accessories.

Serversimply Ltd has the right to charge an advance payment to the extent of the full cost of the replacement parts to be shipped out on the customer’s account or credit card. The amount is returned or the invoice is credited if the product arrives in our warehouse within 21 days. 

Replacement goods are delivered using the delivery of our choice.

 

5.2 Extended warranty and validity period

Extended warranty for replacing spare parts is for you if you want the security of always having the replacement spare parts for the ordered hardware available in our warehouse or our partner’s warehouse and that they are always replaced quickly in case of a malfunction.

In case of discovering a defect in the goods or a component during the period of extended warranty, customer must notify Serversimply Ltd promptly by starting a return merchandise authorization (RMA). We will ship the replacement goods to the customer as soon as possible after reviewing and accepting the RMA.

The customer is obligated to ship all the goods to be replaced to our warehouse within 14 days after the date of accepting the replacement goods.

All goods and components are delivered with a 20 calendar day (from the date or delivery) right of replacement in case of discovering a defect in the goods or a component upon arrival. 

Availability of components to be replaced in the warehouse during the extended warranty is limited to standard spare parts and does not cover products in final sales, special products and refurbished products.

Serversimply Ltd has the right to charge an advance payment to the extent of the full cost of the replacement parts to be shipped out on the customer’s account or credit card. The amount is returned or the invoice is credited if the product arrives in our warehouse within 21 days. 

All goods and components returned for replacement must include the serial number as well as all the original parts and accessories. If the goods and components are returned within the first 30 days after the receipt of the goods, they must be returned together with their original packaging and the manufacturer’s original accessories, parts and materials as well as serial number stickers, i.e. in 100% the same condition as they were delivered.

Replacement goods are delivered using the delivery of our choice.

Extended warranty package is available with a validity of 3 years and 5 years. The cost of the selected warranty package depends on the configuration of hardware.

5.3 Express warranty and validity period

Express warranty for replacing spare parts and responding within the following working day is for you if you want the security of always having the replacement parts for the purchased hardware available in the our warehouse and that you receive them on the next working day or at the latest on the working day after the next* day in case of a malfunction.

In case of discovering a defect in goods or components during the period of extended warranty, Serversimply Ltd must be notified immediately and in writing by starting a return merchandise authorization (RMA). Immediately after reviewing and accepting the RMA, we will ship the replacement goods to the customer using express transport service.

Customer is obligated to ship all the goods to be replaced to our warehouse within 14 days after the date of accepting the replacement goods.

Goods and components are delivered with a 20 calendar day (from the delivery date) right of replacement in case of discovering a defect in the goods or a component upon arrival. 

The availability of components to be replaced in the warehouse during express warranty is limited to standard spare parts and does not cover products in final sales, special products and refurbished products.

Serversimply Ltd has the right to charge an advance payment to the extent of the full cost of the replacement parts to be shipped out on the customer’s account or credit card. The amount is returned or the invoice is credited if the product arrives in our warehouse within 21 days.

All goods and components returned for replacement must include the serial number as well as all the original parts and accessories. If the goods and components are returned within the first 30 days after the receipt of the goods, they must be returned together with their original packaging and the manufacturer’s original accessories, parts and materials as well as serial number stickers, i.e. in 100% the same condition as they were delivered in.

Replacement goods are delivered using express transport service that arrives at the customer’s location on the next working day. The delivery time may differ depending on the customer’s location. For details about delivery terms, please contact us.

Express warranty package is available with a validity of 3 years and 5 years. The cost of the selected warranty package depends on the configuration of hardware.

*Your request will be handled as soon as possible but no later than within 24 hours or on the next business day. If your request is submitted after 15.00 (UTC +3.00), we have the right to reply to it on the next business day.

 

5.4 Server Simply warranty terms and conditions 

  1. The offered warranty does not apply to hardware add-ons, software not preinstalled by the us, updates, and configuration and other changes made by the customer.
  2. The warranty does not extend on software. Customer agrees to submit complaints directly to the manufacturer of the defective or incompatible software.
  3. Warranty on components is invalid if the components have been altered in any way, including damaged, scratched, distorted, marked in a way that prevents identifying the original serial number, serial numbers have been altered, or the devices in the factory’s original packaging have been replaced with counterfeit products, or the product has been destroyed.
  4. Warranty is also not valid if the products are damaged by processes outside of our control (force majeure), including, for example, fire, flood, strong wind, earthquake, lightning or another similar natural disaster, war, strike, lock-out, epidemic, destruction of production facilities, mass riots, uprisings, collision, contact with liquids, lack of material, or other similar circumstances.
  5. Warranty is null and void if the products are damaged due to incorrect handling or misuse, including abuse. Warranty is also not applicable in case of any unauthorised alterations in the products or components and potential additional external devices that are in contravention with the restrictions arising from the manufacturer’s specifications.
  6. Purchased goods cannot be returned. They can only be replaced in case of a defect pursuant to warranty with equivalent goods during the warranty period.
  7. Warranty cases of customers are settled within a reasonable time or according to the terms and conditions of the selected warranty package.
  8. Standard warranty does not extend to lesser defects in the components of the goods, which are in compliance with the design specifications of the product or are defects that do not significantly alter the functionality.
  9. Liability for making a back-up copy of data and the function of back-up systems lies with the customer. Customer understands and agrees that the Serversimply Ltd is not liable for the preservation of software or data.
  10. All products not claimed from our warehouse are deemed abandoned after the expiry of 60 calendar days. Abandoned products are removed at our discretion.
  11. Warranty does not prolong the warranty period on external devices, unless agreed otherwise. External devices are, for example, monitors, mice, keyboards, printers and other external computer or server components.
  12. Warranties are applicable to defects discovered in the course of normal use of the product while complying with the exploitation and installation instructions of the manufacturers. These warranties are not applicable in the event that the damage or defect is due to the following circumstances: (a) ignoring exploitation and/or installation instructions; (b) negligence, misuse or accident; or (c) use of incompatible parts or service.

6. Returns

You can only return goods, which have been purchased from serversimply.com and are eligible for RMA.

6.1 Return Merchandise Authorization (RMA)

To return a product or component, please fill out the Return Product Form (RMA) and send it to us. The RMA form can be found here serversimply.com/return-merchandise-application. Our representative will respond to your application within one business day and assign a unique number, which will be forwarded to you. If the RMA arrives after 3pm GMT / UTC +2, we have the right to respond on the following business day.

After receiving the acceptance on RMA, depending on the selected warranty package, we will ship the replacement product a) Standard warranty - when the returned product arrives in our warehouse, b) Extended warranty - immediately with standard delivery, c) Express warranty - immediately with express delivery, which will arrive the next business day.

Customer is responsible for the cost of delivery of returned goods. Goods sent at the consignee's expense (freight collect) will be rejected by us or customer will be invoiced.

To prevent damage of returned products during shipping, please pay attention to the packaging before handing it over to a shipping company. If necessary, please use additional protective packaging materials or consult the transport company on this matter. Serversimply Ltd cannot accept damaged returned goods.

We strongly recommend insuring shipments or accepting the risk of damage or loss during shipment.

All RMA repaired or replaced products will be returned to the customer with a shipping method selected by Serversimply Ltd.

6.2 Return policy 

1) Customer can only return goods, which have been purchased from serversimply.com and are eligible for RMA.

2) All goods ordered and received from us shall be deemed automatically accepted by the customer unless customer notifies us in writing within 20 calendar days of the date of invoice that such product (s) is / are defective by creating RMA.

3) Customer has to fill in all required fields on the RMA form. Serversimply Ltd does not guarantee registration of the RMA without obtaining information in full from the customer.

4) Serversimply Ltd does not provide on-site customer repair service.

5) Every RMA request is valid for 21 days. Serversimply.com has the right to refuse any goods returned without the RMA request and which arrive later than 21 days after the RMA request approval date.

6) Returned goods will be credited with the current reseller price or reseller purchase price.

7) Ordered goods are only refundable for a warranty replacement within 30 days of the invoice date. After 30 days the customer is obliged to contact the manufacturer directly.

8) Prior to receiving any services from Serverismply Ltd, customer acknowledges that the liability for making a back-up copy of data and the function of back-up systems lies on them. Customer also understands and agrees that Serversimply Ltd is not liable for the preservation of software or data.

9) RMA products must have the original serial number sticker on them.

10) We advise not to include cables or manuals in RMA shipments as we might not return them.

11) Write the RMA number on the shipping label, not on the box.

12) Returns without the RMA number on the shipping label will be refused.

13) If the returned products are not defective or damaged, they will be returned to you. If such a product was returned during the Extended warranty or Express warranty period, we will return the product to you and the issued credit invoice for the advanced replacement product will become due.

14) All returns that do not meet the above conditions will not be accepted by Serversimply Ltd.

7. Security and digital privacy

Ordering at Serversimply.com is secure. Our e-store platform uses Secure Sockets Layer (SSL) protocol. Payment for the ordered goods is by bank transfer only, therefore we do not ask for bank card information and do not store such information in our databases. Client login passwords are protected by encryption. Information and details submitted by the customer during registration and orders details are confidential and are kept securely. For the customer, this means that all company and user information that they enter when creating a new account is protected and will not be shared with third parties outside.

Data collection & Privacy

Server Simply is the only collector and processor of this website’s users data. Our website users are business customers, so we do not process personal data.

We respect the online privacy of our customers; therefore they can stay assured that information, which they provide to us, is not shared outside to third parties.

How and which data is collected by us?

We collect data when you provide it to us. This kind of data includes information, which you enter into the customer registration and goods delivery form, for example.

We might also collect data about your device’s location, operating system, internet browser, time of visit, pages you visited. This kind of data is automatically collected by integrated statistical website modules as soon as you enter the website and while you browse the website.

Why do we collect your data?

We use the data you provide to us by yourself or which we collect upon your agreement to improve the usage of our website, to know your preferences better, to perform the order delivery and solve any possible delivery and/or customer service issues.

We would like to send you information about our products and services if you agree to receive marketing information from us. You can opt out from receiving marketing information from us at any time.

Where do we keep your data?

Server Simply keeps customer data on servers in our premises in Tallinn, Estonia. Your data is securely stored, preventing unauthorised access and misuse.

Customer data is kept in our databases during the time of the validity of the contracts with the customers or during the time of the warranty validity of the latest order, if no contract is signed, but at least during 5 years.

We use cookies. What are cookies and why do we use them?

Cookies are small text files that are being created when you enter the website. Cookies are saved to the hard drive of the device you are using to browse our website. These files allow our website to recognize returning customers, so customers do not need to enter their email address and password with every visit. They also help us understand and interpret better the length of visit and which pages of the website are visited.

What are your data protection rights?

You have to right to know which information our company is keeping about you by requesting a copy of this information from us. You have the right to opt out of receiving marketing information and request to update with provided information or erase your user profile and personal information at any time.

8.Customer support

During the warranty period, we will provide technical support by e-mail and telephone on business days. Our technical support will assist you in diagnosing and resolving defects in the systems purchased from us. We can provide technical support for operating system installation if the operating system was purchased from us, as part of the system.

9. Disclaimer

Serversimply Ltd is not the manufacturer of hardware, software or the operating system and does not guarantee that the products and services offered at serversimply.com are free of defects.

Serversimply Ltd does not guarantee that the online product configurator at serversimply.com is error free and shall not be liable for any direct or indirect, incidental, consequential, special or exemplary damages and losses, including but not limited to: loss of profit, loss of profit due to delay of arrival of the goods, property, confidential information, arising out of or in connection with customer’s inability to properly use the ordered goods or services.

Serversimply Ltd does not guarantee that the chosen software will comply with customer’s requirements or be compatible with the customer’s infrastructure.

At any time, Serversimply Ltd has the right to cancel the sale and refund the payment.

10.Force majeure

Failure to perform or improper performance of obligations arising from this agreement shall not be deemed to be a breach if this was caused by circumstances (force majeure) that Serversimply Ltd and customer did not and could not have foreseen at the time of entering into the agreement. Force majeure shall be deemed to mean natural hazard, uprising, general strike, mass riots, war, fire, epidemic, legislation that significantly prevents the performance of this agreement, or another circumstance not specified in the TCS that Serversimply Ltd and customer accept as force majeure. In case of force majeure Serversimply Ltd shall be entitled to a reasonable extension of its obligations. If the delay caused by force majeure continues for a time, which Serversimply Ltd considers unreasonable, it may, without liability on its part, terminate and cancel customer’s orders.

11.Disputes

The Parties shall attempt to resolve all disputes arising from the breach of this agreement by way of negotiations. In the event that the negotiations are not successful, the dispute shall be resolved as a court matter in Harju County Court in Estonia.