Terms and Conditions

“EnvyTech” is a certified reseller of Express EPOS Ltd, registered office West Court, 1301 Stratford Road, Birmingham, B28 9HH, company registration number 09229843.

“customer” refers to the person or company signing this agreement

“contract” refers to any lease, hardware, software or support agreement between EnvyTech and the customer

Usage of Website

If you wish to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern the business’s relationship with you in relation to this website. If you disagree with any part of these terms and conditions, you should stop using the website immediately.

The use of this website is subject to the following terms of use:

• The content of the pages of this website is for your general information and use only. It is subject to change without notice.
• This website uses cookies to monitor browsing preferences. If you do allow cookies to be used, some personal information may be stored by us for use by third parties.
• Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
• Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
• This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
• All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.
• Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
• From time to time, this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
• Your use of this website and any dispute arising out of such use of the website is subject to the laws of England, Northern Ireland, Scotland and Wales.
• The information on the website such as descriptions, specifications, prices and general content is for information and sales purposes only. EnvyTech endeavours to ensure that this information is accurate and up to date, however makes no warranty or representation, implied or explicit, by either EnvyTech, its employees or officers with the regard to its accuracy or completeness.
• No responsibility or liability is accepted or offered for misstatements, omissions or errors and no reliance should be placed on the information contained on our website. The information does not constitute an invitation to sell or purchase and any financial information is not offered as financial advice. EnvyTech disclaims liability for any losses caused, arising from reliance on the information.

Software Licence Agreement Terms

1. PLEASE READ THIS SOFTWARE LICENSE AGREEMENT CAREFULLY BEFORE USING YOUR ENVYTECH SOFTWARE. BY USING YOUR SOFTWARE YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT USE SOFTWARE.
2. General Use
   1. The software, interfaces, content, fonts, documentation and any data that came with your EnvyTech license as may be updated or replaced by software updates or system restore software provided by EnvyTech whether in read-only memory, on any other media or in any other form are licensed, not sold, to you by EnvyTech for use only under the terms of this License.
   2. EnvyTech retain ownership of the software itself and reserve all rights not expressly granted to you.
   3. EnvyTech, at its discretion, may make available future updates to the software for your EPOS system.
   4. The customer shall carry out regular back-ups to removable media stored separately from the supported items and carry out other normal system housekeeping routines. EnvyTech shall not be liable for any loss or damage sustained or incurred by the customer or any third party through loss or spoiling of data resulting from any maintenance activity by EnvyTech required or performed under this Agreement. EnvyTech will use reasonable endeavours to put right any such loss of data or programs but reserves the right to charge for such.
   5. The customer remains totally responsible to have adequate virus protection to all parts of the system.
   6. Any additional software which is downloaded by the customer, which is not already pre-installed on your system, is done at the customers’ own risk.
3. Permitted license users and restrictions
   1. Each license allows you to use the software on the specific terminals requested by the customer at point of purchase.
   2. Each license does not allow the Software to exist on more than one terminal, and you may not make the EnvyTech software available over a network where it could be used by multiple devices or multiple computers at the same time unless otherwise agreed by the supplier EnvyTech.
   3. This license does not grant you any rights to use EnvyTech proprietary interfaces and other intellectual property in the design, development, manufacture, licensing or distribution of third party devices and accessories for use with the Epos system. Except as and only to the extent expressly permitted in this license or by applicable law, you may not copy, decompile, reverse engineer, disassemble, and attempt to derive the source code of, decrypt, modify, or create derivative works of the EnvyTech software, EnvyTech software updates, or any part thereof. Any attempt to do so is a violation of the rights of EnvyTech. If you breach this restriction, you may be subject to prosecution and damages.
4. Transfer
   1. You may not rent, lease, lend, redistribute or sublicense the EnvyTech software or software updates
5. Termination
   1. This license is effective until terminated. Your rights under this license will terminate automatically without notice from EnvyTech if you fail to comply with any term(s) of this license. Upon the termination of this license your software will be restricted.
6. Limitation of liability
   1. To the extent not prohibited by law, in no event will EnvyTech be liable for personal injury, or any incidental, special indirect or consequential damages whatsoever, including, without limitation, damages for loss of profits, loss of data, business interruption or any other commercial damages or losses, arising out of or related to your use or inability to use the EnvyTech software and software updates however caused, regardless of the theory of liability (contract, tort or otherwise).
   2. In no event shall EnvyTech’s liability to you for all damages exceed the amount of your initial purchase price foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
   3. The customer is responsible for making sure that the EPOS software is compliant with any local laws and regulations in the jurisdiction in which the system will be used. EnvyTech is not liable for any loss or damage caused to the customer as a result of the software not abiding by local laws and regulations, including (but not limited to) any fines or financial penalties issued to them by their local authorities. EnvyTech only guarantees that the software will be compliant with the laws and regulations of the United Kingdom and Republic of Ireland.
   4. EnvyTech is not liable for any loss or damage caused to the customer by problems relating to integrated card payment solutions.

General Terms and Conditions of Trading with EnvyTech

1. Parties to the Contract
   1. “Customer” is the person who accepts a quotation of the Business for the sale of the Goods or whose order for the Goods is accepted by the Business. The customer is responsible for reading and agreeing our terms and conditions as they will form the basis of the contract of purchase and service agreement.
   2. “The Business”, “EnvyTech” are responsible for providing a purchase and service that meets the agreements within the terms and conditions. Our head office address is EnvyTech, Bromsgrove Enterprise Park, Isidore Rd, Bromsgrove, B60 3ET.
2. Choosing a product from EnvyTech
   1. The Business shall sell and the Customer shall purchase the Goods in accordance with any written quotation of the Business which is accepted by the Customer, or any written order of the Customer which is accepted by the Business, subject in either case to these Conditions, which shall govern the Contract to the exclusion of any other terms and conditions subject to which any such quotation is accepted or purported to be accepted, or any such order is made or purported to be made, by the Customer. No variation to these Conditions shall be binding unless previously agreed in writing between the authorized representatives of each of the Customer and the Business.
   2. The Business shall provide information about our products and services to help inform the basis of the purchase.
   3. If requested by the Customer, the Business may provide a full demo of our software free of charge if the customer desires to help inform the customer of the purchase.
   4. It is the responsibility of the customer entirely to ensure that the hardware and software products they are purchasing meet their requirements.
   5. The Business will provide a written quotation on request. This quotation is a guideline price and does not form the basis of any contract between the Customer and the Business.
   6. Any advice or recommendation given by the Business or its employees or agents to the Customer or its employees or agents as to the storage, application or use of the Goods which is not confirmed in writing by the Business is followed or acted upon at the Customer’s own risk, and accordingly the Business shall not be liable for any such advice or recommendation which is not so confirmed.
   7. Any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice, website or other document or information issued by the Business shall be subject to correction without any liability on the part of the Business.
3. Purchasing from EnvyTech
   1. These Terms and Conditions are available on our website.
   2. It is the customer’s responsibility to read and agree to the terms and conditions prior to making payment.
   3. All product pricing is provided in “good faith”. Written quotations will usually be valid for 30 calendar days from issue, however, some offers and discounts are subject to shortened timeframes. Where this is the case, the customer will be advised by EnvyTech employees and/or in EnvyTech sales literature.
   4. All prices EnvyTech quotes are ex VAT. Where VAT should be paid, this will be added to the invoice before payment is received.
   5. Any packages provided by EnvyTech and their prices are subject to change at any time without notice.
   6. Once a payment has been received the contract between EnvyTech and the Customer is in force.
   7. EnvyTech may record phone calls for training purposes.
4. Internet
   1. Our hardware and software require a reliable and robust connection to the internet to take advantage of all the online features and benefits.
   2. It is the customer’s responsibility to ensure that they have an appropriate internet connection in place prior to installation and to also ensure that the internet connection is maintained correctly.
   3. Our recommended internet speeds are a minimum 7Mbps download speed and 0.6Mbps upload speed.
   4. Internet speeds and consistencies can be checked by using internet speed test websites or contact your internet service provider.
   5. Whilst EnvyTech employees may provide advice and an indication of the suitability of the Customer’s internet connection, it remains the Customer’s responsibility to ensure they have a suitable internet connection both before and after an order is placed.
   6. EnvyTech cannot be responsible for any slow responses to our system that is caused by poor internet connection.
   7. EnvyTech cannot be held liable for any loss or damages incurred to the Customer caused by loss of service due to server downtime on any of our cloud based solutions. Any loss incurred to the Customer is of no responsibility to EnvyTech.
5. Buy Outright
   1. EnvyTech offers customers the option to buy systems by paying the whole upfront cost of the equipment at the point of purchase.
   2. Ownership and use of the equipment is as specified according to these terms and conditions.
   3. At time of placing an order under the buy outright scheme, EnvyTech will advise the Customer of any upfront costs.
   4. Customers ordering systems on the buy outright scheme will own any hardware once they have completed purchase of the systems in accordance with these terms and conditions.
   5. In order to complete purchase of the systems, the customer must pay the full upfront cost for any equipment, software and other services provided as specified on their invoice, and also read, agree to and sign a copy of these terms and conditions.
   6. All systems purchased with EnvyTech will come with a period of free hardware and software support which will be specified in the customer’s invoice. If no period is specified, the customer will receive free hardware and software support for a period of 3 months.
   7. Once the free support period has ended, the customer will automatically be enrolled onto a 12 month hardware and software support plan at the price specified in this agreement unless the customer advises EnvyTech in the 30 days before the free support ends that they do not wish to continue with any support. The support plan will include 12 months licence for the EnvyTech software.
   8. If the customer wishes to notify EnvyTech that they do not wish to continue with support they must send written confirmation by email to info@envy-tech.com.
   9. The customer does not hold EnvyTech responsible for any defaults or claims arising out of use of the equipment.
   10. The upfront cost does not include any ongoing services or consumables (unless otherwise agreed) but these are available on request, at a charge.
   11. It is the customer’s responsibility to insure the equipment, and any injuries or damages caused to any person or property is the responsibility of the customer.
6. Lease
   1. The Lease Agreement contract allows the customer to lease the equipment for the term stated in the agreement.
   2. These services have a fee, which is charged monthly, with a minimum contract length of 12 calendar months.
   3. At time of placing an order for leased equipment, EnvyTech will advise the Customer of the leasing period, and the fee for leasing during this period.
   4. On acceptance of an order, a deposit will be taken per terminal will be taken in addition to the first month’s leasing fee.
   5. If the leasing period is for greater than one month the subsequent payments are due in 1 month intervals, starting from the first date of the leasing period.
   6. It is the customer’s responsibility to document, and provide back to EnvyTech, any defects in the cosmetic condition of the equipment within the first 24 hours of receiving the goods.
   7. EnvyTech remains the owner of the equipment at all times. At the end of the initial lease period, the customer is eligible to purchase all equipment being leased to them for a fee of £1.
   8. If the equipment is returned damaged beyond the value of the deposit, EnvyTech retains the right to invoice the customer for the amount additional to the deposit. The customer must pay this charge within 14 days of receiving the invoice.
   9. If the customer cancels the contract within the leasing period they must return any hardware they have received and pay the remaining balance of the leasing contract (calculated by multiplying the number of months outstanding by the monthly fee) in addition to any cancellation fees. This must be paid upfront and in full.
   10. The Customer is at all times responsible for ensuring timely payments to avoid default charges. EnvyTech reserves the right to charge up to £5 (ex VAT) for each day that payment is overdue.
   11. The Customer does not hold EnvyTech responsible for any defaults or claims arising out of use of the equipment.
   12. The equipment leasing fee does not include any ongoing services or consumables but these are available on request, at a charge.
   13. The Customer is responsible for informing EnvyTech of any changes to their contact details.
   14. Once the initial lease period comes to an end, the customer will automatically be enrolled onto another agreement for an additional 12 months. Payments will either remain the same or the customer can instead be signed up to a hardware and software support plan at the price specified in this agreement. This will include 12 months license for the EnvyTech software.
   15. It is the customer’s responsibility to insure the equipment, and any injuries or damages caused to any person or property is the responsibility of the customer.
7. Hardware without upfront costs
   1. EnvyTech offers some services where we supply hardware and/or software solutions, without any upfront cost, but instead with a monthly fee. This includes, but isn’t limited to, CCTV integration.
   2. These services have a fee, which is charged monthly, with a minimum contract length of 12 calendar months.
   3. The customer will be advised of the monthly fee at the time of purchase.
   4. If the customer cancels the contract within the first 12 months they must return any hardware they have received and pay the remaining balance of the 12 month contract (calculated by multiplying the number of months outstanding by the monthly fee) in addition to any cancellation fees. This must be paid upfront and in full.
   5. The Customer is at all times responsible for ensuring timely payments to avoid default charges. EnvyTech reserves the right to charge up to £5 (ex VAT) for each day that payment is overdue.
   6. The Customer does not hold EnvyTech responsible for any defaults or claims arising out of use of the equipment.
   7. After 12 calendar months, the customer will automatically be enrolled onto another agreement for an additional 12 months. Payments will either remain the same or the customer can instead be signed up to a hardware and software support plan at the price specified in this agreement. This will include 12 months license for the EnvyTech software.
   8. It is the customer’s responsibility to insure the equipment, and any injuries or damages caused to any person or property is the responsibility of the customer.
8. Support Plan
   1. EnvyTech offers two optional Support Plans: Software Support and Hardware and Software Support.
   2. Customers can upgrade to a Support Plan by contacting EnvyTech via phone or email.
   3. Software Support is currently charged at £20 (ex VAT) pcm or £200 (ex VAT) per annum, per system covered.
   4. Hardware and Software Support is charged at £30 (ex VAT) pcm or £300 (ex VAT) per annum, per system covered.
   5. By signing up to a Support Plan the Customer is agreeing to these terms and conditions.
   6. All Support Plans are 12 month rolling contracts and will automatically renew for a further 12 months at the end of the contract term.
   7. Engineer call outs are not covered in any of our support plans.
   8. When the Customer signs up for a Support Plan they can choose whether to pay annually or monthly. Payments are required in advance.
   9. Where the Customer chooses to pay monthly they must provide recurring payment details either through direct debit or a credit or debit card.
   10. Monthly payments are due each month, on the same day of the month the plan was purchased.
   11. EnvyTech will attempt, through their payment providers, to take the payment each month. Where payments fail EnvyTech will attempt to take the payment again.
   12. If a payment fails EnvyTech retains the right to restrict access to the EnvyTech software for all the Customer’s licenses, locations, and devices until payments continue, and missed payments are received in full.
   13. If the customer wishes to cancel their Support Plan mid-way through the one-year contract they will be liable to pay a charge calculated by multiplying the number of months remaining on the contract by their monthly payment in addition to any cancellation fees. This must be paid upfront and in full.
   14. EnvyTech reserves the right to change the prices of its support packages at any time without notice.
9. Software Support
   1. Software Support includes the following:
      1. Access to the EnvyTech Support Team during the hours (UK time) of 9am-7pm Monday-Friday and 10am-4pm Saturday, excluding public holidays (subject to change)
      2. Annual Licence Fee (i.e. the Customer does not need to pay the Annual Licence Fee if taking out a support package)
      3. Remote technical support from our UK call centre
      4. Software updates
      5. Email support
      6. Encrypted backup of transaction data (on request)
      7. Remote training for all staff
      8. Access to full Stock Control module
10. Hardware and Software Support
    1. Hardware and Software Support includes everything within the Software Support plan and access to the Replacement Service.
       1. If the customer is paying for hardware support, they are entitled to replacements of faulty hardware under the replacement service
       2. In the event of any fault occurring with any hardware covered by the replacement service, EnvyTech can arrange for replacement or repair of the faulty hardware within 3 working days of collecting and testing of the original equipment (subject to availability). EnvyTech cannot be held liable for any loss or damage to the customer during this time due to any downtime of the EPOS system.
       3. EnvyTech will only replace faulty hardware after inspection and testing by the technical support team and is not obliged to replace any hardware which the customer has self-diagnosed as being defective.
       4. EnvyTech will not dispatch replacement items to the customer until after collection and testing of the original item.
       5. The goods provided as replacements will be either new or ‘as new’ and may be provided for a temporary period.
       6. Once the faulty hardware has been collected, EnvyTech reserves the right to rectify the fault and reissue the same hardware back to the customer.
       7. If it is deemed by EnvyTech that the fault is not hardware related after inspection of the item by EnvyTech technicians, EnvyTech reserves the right to charge the customer for the item to either be repaired or replaced.
       8. The replacement service is only valid for addresses inside the UK.
       9. The replacement service is subject to a fair use policy of a maximum of 3 replacements per calendar year.
       10. The replacement service does not cover waiter tablets provided alongside an EPOS system unless specifically defined in the contract.
       11. EnvyTech reserves the right to charge an excess fee of up to £180 for replacement with a newer model of any EPOS terminal, touch screen or base unit which is no longer available at the time of replacement.
       12. EnvyTech cannot be held liable for any loss or damage to the customer due to faults occurring with any of its hardware.
11. Annual Licence Fee
    1. EnvyTech charges an annual license to customers using the EnvyTech software, with the exception of those on a Support Plan (which includes the fee).
    2. Payment becomes due on the anniversary of the original account activation.
    3. The first year’s license fee is included in the price of purchasing our software.
    4. The Annual Licence Fee is currently £150 (ex VAT) per device.
    5. The fee is non-negotiable and non-refundable.
    6. Failure to have a valid license in place will restrict access to the EnvyTech software.
    7. Payment of the annual license fee provides the following service:
       1. Use of the EnvyTech software for next 12 months
       2. Maintenance and operating costs of the EnvyTech servers
       3. Selective system updates improving the running and functionality of the software
    8. EnvyTech reserves the right to change the price of its annual license fee at any time without notice.
12. Setup and Training
    1. When EnvyTech supplies an EPOS system to a customer, EnvyTech agrees to setup the system to a basic configuration before sending it out. This setup includes:
       1. Installation of EPOS Software
       2. Setup of User Account
       3. Menu Programming
    2. The setup does not include (unless agreed in writing):
       1. Entering Products and Prices
       2. Importing Products and Prices
       3. Setting Up Advanced Configurations or Integrations
       4. On Site Support
       5. Engineer Call Outs
       6. Out of Hours Support
    3. EnvyTech agrees to provide full training to the customer on how to use the system once the customer’s system has been delivered.
       1. All training is done remotely and customers will require an active internet connection as specified in these terms and conditions to be eligible.
       2. Training is limited to a maximum of 10 hours in order to prevent abuse.
       3. Training will only be provided within 30 days of a customer receiving their system unless the customer is covered by a valid support package.
13. Operating System
    1. Customers covered by a valid support package can make requests to the EnvyTech technical team regarding any modifications that need to be done to the operating system. EnvyTech does not give out administrative passwords for the operating system due to technical concerns regarding data corruption and system performance.
14. Delivery
    1. Whilst EnvyTech take every care to ensure that items are packaged in such a way as to minimise the risk of damage in transit, it is the customer’s responsibility to check the products before they are accepted at the time of delivery. EnvyTech is not liable for any damaged equipment after it has been accepted and/or signed for from the courier. EnvyTech must be notified of any damaged equipment on the day of delivery in order to qualify for replacement.
    2. EnvyTech will take all reasonable steps to make sure items are delivered on the agreed delivery date. However, EnvyTech is not liable for any loss or damages to the customer by any delay in delivery by any cause.
    3. EnvyTech cannot be held responsible for any damage to a customer’s own equipment caused by the use of the business’s courier service. It is the customer’s responsibility to ensure the safe transit of goods to and from the business’s premises.
    4. Any collection of goods from a customer’s premises (whether belonging to EnvyTech or the customer) will remain the responsibility of the customer whilst in transit. EnvyTech reserves the right to charge for any damage to equipment due to poor or improper packaging on the part of the customer.
    5. EnvyTech may pass the customer’s details to third-party suppliers to contact them by email and/or text message regarding the delivery of equipment.
    6. It is the responsibility of the customer to provide EnvyTech with the correct address, email and mobile number. EnvyTech is not liable for the loss of any items delivered to the wrong address as a result of incorrect details being provided by the customer.
    7. It is the responsibility of the customer to have an appropriate person available to sign for the delivery. All deliveries must be signed for.
    8. In case an item needs to be returned for any reason, original packaging may provide a better protection for the product during transportation. If an item is damaged in transit due to poor packaging by the customer then EnvyTech reserves the right to charge for this.
15. EnvyTech Hardware Warranty
    1. Any new hardware purchased directly from EnvyTech, and manufactured by EnvyTech, is warranted against manufacturing defect for the period of one year from the date of delivery of the goods. This is the “Limited Warranty” period for this product.
    2. Any refurbished product purchased directly from EnvyTech is warranted against manufacturing defect for the period of 90 days from the date of delivery of the goods unless sold as “like new” where it will have a period of one year from the date of delivery of the goods. This is the “Limited Warranty” period for this product.
    3. Exclusions from this Warranty:
       1. Any “third-party hardware” is not covered by a warranty from EnvyTech. Third-party hardware is any hardware not manufactured by EnvyTech, or any hardware which is not branded as “EnvyTech”.
       2. The warranty does not apply to the software and customer induced damages or circumstances, such as but not limited to:
          1. The product has been tampered with, repaired and/or modified by non-authorised personnel;
          2. The warranty seals have been broken or altered;
          3. Damage (accidental or other) to the product that is cosmetic, meaning damage that does not impact the operation and functioning of the product, such as but without limitation to rust, change in colour, texture or finish, wear and tear and gradual deterioration;
          4. Damage to the product caused by war, terrorism, fire, accident, natural disasters, intentional or accidental misuse, abuse, neglect or improper maintenance, use under abnormal conditions, accidental drops, spills, or power surges:
          5. Damage to the solution caused by improper installation, connection or malfunction of a peripheral device such as a printer, optical drive, network card, or USB device
          6. Damage to the product through neglect to protect the hardware from viruses
          7. Damage to the product caused by an external electrical fault or an accident
          8. Fraud, theft, unexplained disappearance or wilful acts:
          9. Liquid/fluid damage or contamination of any kind
          10. Damage caused by user error such as malware, uninstallation, other programs, mistreatment or any software problems that are caused by use of anything other than EnvyTech software
       3. The warranty applies to replacement of faulty hardware only and does not cover the following:
          1. Reprogramming of Products and Menus
          2. Software Setup
          3. Setup of Peripherals
          4. Data Recovery
       4. EnvyTech is not liable to provide any additional support in relation to the warranty as above without a valid support contract being in place with the customer.
    4. Covering a Product Under Warranty
       1. If a customer believes their product to have a fault that is covered by their warranty they must report the issue to EnvyTech within the warranty period and return the item to EnvyTech at their expense.
       2. Within 28 days of receiving the goods EnvyTech will examine the device and if covered by the warranty will, and at EnvyTech’s discretion, either:
          1. Replace the product with one of similar performance and capabilities
          2. Repair and return the product
       3. If a device fails outside of the first 30 days of original purchase, EnvyTech retains the right to replace or repair the product with refurbished or remanufactured parts.
    5. Out of Warranty products
       1. EnvyTech determines your product is outside of the limited warranty we will, at the Customer’s request, prepare a quote for repair or replacement.
       2. The customer can choose to pay for the repair or replacement or to have their original equipment returned (at their expense).
    6. Replacement products
       1. If EnvyTech determines your product is outside of the limited warranty we will, at the Customer’s request, prepare a quote for repair or replacement.
       2. The customer can choose to pay for the repair or replacement or to have their original equipment returned (at their expense).
    7. Dead on arrival
       1. If a new device fails within the first 30 days of original purchase and is covered by a warranty, EnvyTech will replace the device with another new product, at EnvyTech’s expense.
16. Contract Renewal & Cancellation
    1. After the customer’s contract comes to an end, it will automatically renew for another 12 months unless the Customer advises EnvyTech in the 30 days before the renewal date that they do not wish it to continue.
    2. The customer has a 14 day cooling off period after the automatic renewal date in which to notify EnvyTech that they wish to cancel the contract. If the customer advises EnvyTech that they wish to cancel during the 14 day cooling off period, EnvyTech will cancel the contract with no penalty to the Customer.
    3. If the customer wishes to cancel the contract or notify EnvyTech that they do not wish it to renew they must send written confirmation by email to info@envy-tech.com.
    4. If the customer decides to cancel the contract more than 30 days before the renewal date and outside of the cooling off period, they will be liable to pay EnvyTech the full amount of the remaining monthly payments in addition to a £150 early cancellation fee, in full and upfront at the time of cancellation.
    5. To continue to use the EnvyTech software after cancellation the Customer must either pay the Annual Licence Fee or sign up to another Support Plan.
    6. EnvyTech may also choose to end the contract if:
       1. The Customer does not pay the charges when they are due.
       2. The Customer breaks the terms of this agreement and/or any other related agreements in any other way and the customer does not correct the situation within 7 days of notification by EnvyTech.
       3. We reasonably believe that you are infringing or have infringed our rights or the rights of a third party.
       4. The Customer is the subject of a bankruptcy order, or becomes insolvent, or makes any arrangement with or for the benefit of creditors.
       5. EnvyTech discontinues this product.
    7. Where EnvyTech ends this contract they will give at least 30 days notice.
17. Refunds and Returns (Standard Returns Policy)
    1. No return or refund will be issued unless the Complaints Procedure outlined in these Terms and Conditions is followed.
    2. Any returned goods should be returned in the original packaging. EnvyTech reserves the right to charge for any damages caused in transit due to poor packaging.
    3. Software sales are excluded from the standard returns policy due to the considerable costs in configuration, personalization, training, and dispatch. These items are strictly ‘nonrefundable’.
    4. Where a product has been opened (or it is an EPOS system or software), EnvyTech will only accept a return of equipment from the customer if the system is deemed ‘not fit for purpose’ upon receipt of the goods and this is agreed in writing by both parties.
    5. We cannot process a return based on the following:
       1. Customer or staff training needs, not understanding or using the system properly
       2. Customer not properly researching or qualifying the purchase
       3. Functions that are not present or work differently than other products available in the market
       4. Compatibility with third-party items/systems, including (but not limited to):
          1. Integrated Card Terminals
          2. Barcode Printing Scales
          3. Integrated Weighing Scales
          4. Dot Matrix Printers
       5. EPOS systems that have been dispatched, configured, personalized and used
       6. Customer shutting down the business/product surplus to requirements after delivery
       7. Orders that contain bespoke or custom equipment
       8. Operational problems that arise from a customer’s internet connection or other environmental problems that are out of our control
       9. You have accidentally damaged the item after delivery
       10. Misused the item and damaged it
       11. Tried to open or tamper with the unit in some way
       12. You no longer require the equipment and you have personalized it
       13. If the item is sold as faulty via our auctions/clearance
       14. The item is part of a custom or large order
       15. Item is not returned in its original packaging
       16. The goods are not in ‘as new’ condition.
       17. Any equipment damaged may be charged at full cost.
    6. EnvyTech will assess the return request using following process:
       1. Understand why the customer feels the product is ‘unfit for purpose’ and attempt to reasonably resolve any issues highlighted by the customer
       2. Attend the customer’s business premises if the situation cannot be resolved remotely to perform a site survey and onsite training or repair. This may be subject to a charge.
       3. Once the issue is identified we must be given reasonable time and assistance to resolve the issue.
    7. EnvyTech reserves the right to charge any costs to the customer incurred to the business as a result of the customer’s cancellation, including (but not limited to):
       1. Software Activation Fee of £180 per system
       2. Software Programming Fee of £250 per system
       3. Delivery Fees of up to £50 per system
       4. Software Licensing Fees
       5. Deposit Payments (all deposits are non-refundable)
    8. All returns must be requested within 7 days of originally placing an order. EnvyTech will only accept requests that are submitted via email to info@envy-tech.com. Any returns requested not according to these terms will not be accepted in accordance with this agreement.
    9. Monies paid to third parties for any modifications made to the software at the customer’s request shall also not be refunded.
    10. If you decide to return the item(s), we require it to be returned to us in the original packaging, with all boxes, leads, discs, adaptors, and manuals.
    11. The customer is responsible for the delivery of the goods to EnvyTech at customer expense, and only after the goods have been checked by an engineer of EnvyTech, will any payment be agreed upon and released. The goods must be received in original packaging as the goods were originally dispatched, otherwise, a return cannot be processed.
    12. EnvyTech is not liable for any costs incurred when returning equipment back to us, including (but not limited to) delivery costs, fuel costs (if returned in person), packaging costs and/or loss of earnings.
    13. Refunds may only be made after all endeavours have been made by EnvyTech to resolve the issue.
    14. In the event of a return, refunds, credit notes and exchanges can only be made to the card account or business/person that made the order originally, these will be processed within 28 days of return.
    15. For any payments made through a finance company, we would only be able to refund any amounts due via their instruction in writing.
    16. Any payments made by the customer under a lease agreement are non refundable. If a customer wishes to cancel their lease agreement, the customer must return all equipment back to EnvyTech, and the remaining amount of the contract becomes payable in full and upfront at the time of cancellation.
    17. Any amounts paid for onsite installations, product imports, support payments, postage, module integrations and repair and labour cost are non-refundable.
    18. Any collection made outside of a UK address may occur additional cost payable by the customer.
18. Complaints Procedure
    1. EnvyTech endeavours to ensure that all customers are satisfied with their purchase, however, where problems arise the Customer commits to following this Complaints Procedure.
    2. If the Customer is not entirely satisfied with our products or services their first action should be to contact the Support Team. Contact details are available at www.envy-tech.co.uk.
    3. If the issue has not been satisfactorily resolved the Customer should then make a written complaint either by email to
       info@envy-tech.com
       or by post to West Court, 1301 Stratford Road, Birmingham, B28 9HH
    4. Written complaints should include full details of the situation, the nature of the complaint and the customer’s full contact details.
    5. EnvyTech will respond to initial complaints within 3 working days providing advice on who will be managing the resolution.
    6. The Assigned Manager will endeavour to resolve the complaint as quickly as possible, working with the customer to understand all aspects and come up with a proposed resolution.
    7. Once the proposed resolution is understood, the Assigned Manager will write to the customer documenting the resolution and rationale behind the decision.
    8. By signing this agreement, the customer agrees that if they decide to pursue claim against EnvyTech via the County Court or Chargeback Scheme, they will give EnvyTech a minimum 14 days notice of their intention to do so before beginning proceedings.
       1. Written notification must be sent via email to info@envy-tech.com.
       2. During this period, EnvyTech will endeavour to do everything in its power to resolve any issues for the customer.
       3. The customer agrees that if they fail to provide EnvyTech with the required written notification, they thereby forfeit any claim they may have had.
    9. All sales are bound by these Terms and Conditions, and EnvyTech asks that the Customer read the full Terms & Conditions of Sale before raising a complaint. Please note that whilst your statutory rights are not affected, this is a Business to Business transaction and is not bound by Consumer law (such as the Consumer Rights Act 2015).