Terms of service

Terms and Conditions of Sale

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE OR PLACING AN ORDER.

These Terms and Conditions govern all access to and use of this website and all business-to-business sales of goods by Nebry Ltd. By accessing this website or submitting an order, you confirm that you have read, understood, and agree to be bound by these Terms and Conditions. If you do not agree, you must refrain from using this website.

Definitions

Seller / Nebry / We / Us / Our
Nebry Ltd, a company registered in Malta, having its registered office at 124, Triq ic-Cawsli, Qormi, QRM 3960, Malta, and registration number C104438.

Buyer / Customer / You / Your
Any legal person or individual acting in the course of a trade, business, or profession.

Goods
All IT, telecommunications, and VoIP equipment offered for sale by the Seller through this website.

Terms and Conditions / Conditions
These terms and conditions, together with any additional terms expressly agreed in writing by the Seller.

General Conditions

  1. Contracts may be concluded in English.
  2. This website is intended strictly for business-to-business (B2B) transactions. Consumer sales are not accepted.
  3. By placing an order, you confirm that you are acting in the course of a business and not as a consumer under Maltese or EU consumer protection legislation.
  4. All orders must be placed online and paid in full at checkout. Orders are not accepted by telephone, emails or other sort of communication.
  5. An order shall be deemed accepted only once availability of the Goods has been confirmed by email by the Seller.
  6. Accessories purchased for phones, such as headsets and power supplies, 

Compatibility, Power Requirements, and Damage Disclaimer

  1. Where the Buyer purchases accessories, including but not limited to headsets, power supplies, cables, or similar items intended for use with telephones or other equipment, it is the Buyer’s sole responsibility to ensure compatibility between such products.
  2. The Seller shall not be responsible for verifying compatibility unless expressly requested by the Buyer in writing before purchase. Where the Buyer is uncertain as to compatibility, the Buyer is advised to seek written confirmation from the Seller before placing an order.
  3. The Seller shall not be liable for any incompatibility between products where no prior written confirmation was requested or provided by the Buyer.
  4. Any damage caused to Goods as a result of incompatibility, incorrect power requirements, incorrect accessories, or improper usage shall be deemed consumer-induced damage. This includes damage to both the accessory and the primary device (including, but not limited to telephones).
  5. The Seller shall not be responsible for repair, replacement, or refund of any Goods damaged as a result of incompatibility, even where such incompatibility results in damage to multiple items.
  6. Goods purchased which are incompatible, or damaged due to incompatibility, shall not be eligible for return, refund, or exchange.
  7. Unless expressly stated otherwise, telephones are supplied without power supplies and are designed to operate using Power over Ethernet (PoE).
  8. Where the Buyer’s infrastructure does not support PoE, it is the Buyer’s responsibility to purchase compatible power supplies separately.
  9. The Seller is under no obligation to provide power supplies free of charge unless expressly agreed in writing before purchase.

Scope of Application

These Terms and Conditions apply to all B2B sales and deliveries of Goods by the Seller to the Buyer within Malta, unless otherwise expressly agreed in writing.

Availability, Pricing, and Order Cancellation by Seller

  1. All Goods are subject to availability.
  2. While every effort is made to ensure accuracy of prices and descriptions, errors may occur. If an error is identified after an order is placed, the Seller shall notify the Buyer and offer the option to reconfirm the order at the corrected price or description, or to cancel the order.
  3. If, due to circumstances beyond the Seller’s reasonable control, including supplier or manufacturer issues, the Seller is unable to supply the Goods, the Seller reserves the right to cancel the order at any time before delivery.
  4. In the event of cancellation by the Seller, any sums paid by the Buyer shall be refunded promptly. The Seller shall have no further liability arising from such cancellation.

Goods Description

  1. Descriptions and prices of the Goods shall be those displayed on the website at the time the order is placed.
  2. Images are provided for reference purposes only and may differ from the actual product supplied.

Delivery and Risk

  1. Unless otherwise stated, prices do not include delivery.
  2. Delivery charges are as follows:
    • Orders below €150: €10 delivery within Malta, €20 delivery to Gozo.
    • Orders of €150 or more: free delivery within Malta; €10 delivery to Gozo.
  3. Risk and responsibility for the Goods shall pass to the Buyer upon delivery and acceptance. Signature of delivery or handover documentation shall constitute proof of receipt.
  4. Installation services are not included unless expressly agreed in writing and may incur additional charges.

Collection of Goods (Pickup)

  1. Where the Buyer elects to collect the Goods, prior written notice and confirmation of readiness for pickup are required.
  2. Collection dates must be agreed in advance. The Seller shall not be liable if the Buyer attends before confirmation.
  3. Risk and responsibility for the Goods shall pass to the Buyer upon pickup and acceptance.

Acceptance of Goods

  1. The Buyer shall inspect the Goods immediately upon delivery or collection.
  2. Any visible damage or discrepancies must be notified in writing within twenty-four (24) hours.
  3. Failure to notify within this period shall constitute irrevocable acceptance of the Goods.

Returns and Non-Returnable Goods

  1. Goods supplied on a B2B basis are non-returnable unless otherwise agreed in writing.
  2. Opened or unpacked hygiene-sensitive items, including but not limited to headsets and headphones, are non-returnable unless proven defective.

Warranty and Defects

  1. The Seller warrants that the Goods shall be free from manufacturing defects for the applicable warranty period.
  2. Warranty claims must be submitted in writing within the applicable warranty period.
  3. Normal wear and tear, misuse, improper handling, or damage after delivery are excluded.
  4. Proprietary batteries carry a one (1) year warranty.
  5. The Buyer is responsible for returning the Goods. Collection or re-delivery may incur additional charges.
  6. If inspection determines consumer-induced damage or no fault found, the Seller may charge inspection and testing fees.
  7. If a product is end-of-life (EOL), a replacement of equivalent specification or value may be provided.

Warranty Exclusions

  • Fire, overheating, flooding, accidents, acts of God, electrical surges, lightning, or liquids.
  • Improper installation or unauthorised repairs or modifications.
  • Wear-and-tear consumables.
  • Defaced or removed serial numbers.
  • Standard or value power supplies.

Limitation of Liability

  1. The Seller shall not be liable for indirect or consequential loss, loss of profit, loss of business, or downtime.
  2. The Seller is not responsible for network compatibility or third-party system integration.
  3. Total liability shall not exceed the invoice value of the Goods supplied.

Force Majeure

The Seller shall not be liable for failure or delay due to events beyond its reasonable control, including supply chain disruptions, transport delays, or governmental actions.

Pricing, VAT, and Invoicing

  1. All prices are inclusive of VAT unless stated otherwise.
  2. VAT shall be charged in accordance with Maltese law.
  3. Invoices shall be issued electronically.

Data Protection

Personal data shall be processed in accordance with applicable data protection laws and the Seller’s Privacy Policy. Website Privacy Policy - Nebry

Entire Agreement and Severability

  1. These Terms and Conditions constitute the entire agreement between the parties.
  2. If any provision is held invalid, the remaining provisions shall remain in force.

Governing Law and Jurisdiction

These Terms and Conditions shall be governed by the laws of Malta. The courts of Malta shall have exclusive jurisdiction.