Terms & Conditions
Access to and use of this Web site and the products and search services available through this Web site (collectively, the "Services") are subject to the following terms, conditions and notices (the "Terms of Service"). By using the Services, you are agreeing to all of these terms, conditions and notices, without modification. Furthermore, you acknowledge that the Terms of Service may be updated by us from time to time. This Web site also contains links to other Web sites, Web pages and services, which are not operated by Hardcloud.com. Your use of such sites will be subject to the terms of service contained within each such site and the respective terms of service will control the use of the respective site. In any event your link through to such a site will be subject to these Terms of Service. You recognise that Hardcloud.com has no control over such sites and information, and you accept that Hardcloud.com provides no guarantee as to the accuracy or reliability of such sites or the information contained in them and you agree that we shall have no responsibility as to whether such links locate unintended or objectionable content or otherwise cause you distress, loss or damage.
You will not: commit or encourage a criminal offence; send or receive any material which is in any way offensive or obscene, or in breach of confidence, copyright, privacy or any other rights; act contrary to the acceptable use policies of any linked sites or community standards generally; transmit or distribute a virus; hack into any aspect of the Service; corrupt data; cause annoyance to other Users; infringe upon the rights of any other person's trade marks or other proprietary rights; send any unsolicited advertising or other promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through the Hardcloud.com web site
Intellectual Property, Software and Content
The intellectual property rights in all software made available and content supplied to you remains the property of Hardcloud.com, its licensors, advertisers or content suppliers. You will comply with the terms of any agreement required by the owner of intellectual property rights in all software and content supplied to you as notified to you and you hereby acknowledge that all software that is not made readily available to you is confidential, and that all other rights including but not limited to database rights and copyright are asserted and reserved by Hardcloud.com, its licensors, advertisers or content suppliers. You may store, manipulate, analyse, reformat, print and display the content supplied solely for your own personal use. In no event are you permitted to publish, distribute or otherwise reproduce in any format any of the content or copies of the content supplied to you or which appears on the Hardcloud.com site and you are prohibited from using any such content in connection with any business or commercial enterprise including, without limitation, any media business or enterprise. You shall not modify, translate, reverse engineer, decompile, disassemble (except to the extent that applicable laws expressly or impliedly prohibit such restriction) or create derivative works based on any software or any documentation accompanying such software supplied by Hardcloud.com, its licensors, advertisers or content suppliers. Hardcloud.com™ is a trade marks belonging to Hardcloud Limited. No license or consent is granted to you to use these marks in any way, and Hardcloud.com reserves all rights in these and any related marks. You agree not to use these marks or any marks which are colourably similar without the written permission of Hardcloud Limited.
E-tail of Products and Services
By making a request/order you are offering to purchase a product which we will accept to sell to you on the following Terms and Conditions. All requests are subject to availability and confirmation of the order price by us. Dispatch times may vary according to availability and any guarantees warranties or representations made as to delivery times are limited to mainland UK and are on the basis that we are not responsible for any delay in delivery occurring due to postal delays or force majeure. Hardcloud is absolutely entitled to refuse any request made by you. If your order is accepted we will inform you by emailing you or else by calling you. We will also provide the identity of the party you have contracted with. This may be Hardcloud.com or in certain cases a third party. Where a contract is made with a third party Hardcloud is not acting as either agent or principal and the contract is made between yourself and that third party. When making a request you undertake that all details you provide to us requesting goods or services or bids made at auction are true and accurate, that you are an authorised user of the credit or debit card used to make your request or bid and that there are sufficient funds to cover the cost of the goods, services or bid. It is your responsibility to inform us of any changes to these details as soon as possible. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.
Disclaimer of warranties
The services and all information, products and other content included in or accessible from this web site and the linked sites, are provided on an "as is" and "as available" basis and are subject to change at any time without notice to you. To the fullest extent permitted by law, Hardcloud.com disclaims and excludes all representations and warranties (express, implied and statutory, including but without limitation the warranties of merchantability and fitness for a particular purpose, and non-infringement of proprietary rights) as to the services and all information, products and content included in and accessible from this web site or the linked sites.
Disclaimer of liability
Unless expressly stated to the contrary to the fullest extent permitted by law Hardcloud.com, its content providers, advertisers or linked sites shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this web site or the linked sites, even if Hardcloud.com had been advised of the possibility of such damages and irrespective of whether such damages arise in contract, tort, equity, restitution, by statute, at common law or otherwise. You have read this disclaimer and agree to it on the basis that you agree it is reasonable.
Disclaimer as to ownership of trade marks, images of personalities and third party copyright
Except where expressly stated to the contrary all persons including their names and images, third party trade marks and images of third party products, services and locations featuring on the Hardcloud.com web site are in no way connected, associated, linked or affiliated to Hardcloud.com or Hardcloud Ltd, furthermore, unless it is expressly stated on the Hardcloud.com web site that a certain product, service or location is connected, associated, linked or affiliated to the makers, right owners or broadcasters (the "makers") of a film or programme you should not make such an assumption, or rely in any way on the existence of such a connection, association or affiliation, by implication or otherwise. Any trade 27/03/2012marks/names as may be featured on the Hardcloud.com web site are owned by the respective trade mark owners and Hardcloud.com claims no connection, association or affiliation with them. Where a trade mark (brand name) is referred to it is used to describe or identify the products, services or locations (the "goods") or else it is used to identify the film or programme where such goods appeared, but that is in no way an assertion or claim that such goods are endorsed by or connected, associated, linked or affiliated to the makers of the relevant film or programme.
You agree to indemnify, defend and hold harmless Hardcloud.com, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from, without limitation, your use of the Hardcloud.com services, your breach of the Terms of Service, your infringement of any intellectual property right or any other right of any person or entity, or your breach of any duty of confidence or privacy, or any defamatory statements made by you in any form.
This shall include but not be restricted to failure to deliver orders within the specific time frame due to any circumstance deemed to be "acts of God" including severe weather, and acts of terrorism, or other events which Hardcloud Ltd cannot be held reasonably responsible for.
Variation of content
Hardcloud.com shall have the right in its absolute discretion at any time and without notice to amend, remove or vary any of the content supplied in connection with the Service or which appears on any page of the Hardcloud.com Web site.
All information and material submitted by you to Hardcloud.com or that you publish on any public area of the Hardcloud.com Web site shall be provided by the submitter and accepted by Hardcloud.com on a non-confidential basis subject to paragraph 2 above. Furthermore Hardcloud.com shall be granted a perpetual royalty-free non-exclusive license in the copyright of any material submitted and Hardcloud.com shall be free to use, edit, copy, republish and distribute (for any purpose) and authorise others to do the same, any such information or material and any ideas contained in such information or material.
Hardcloud.com may at any time terminate or suspend any part of the Service without notice to you.
If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.
Governing law and jurisdiction
Upon entering the Hardcloud.com site you are bound by these terms and conditions. These terms and conditions are to be construed in accordance with the laws of England and Wales and irrespective of your place of domicile, in the event of any dispute associated with these terms and conditions, that dispute shall be subject to the exclusive jurisdiction of the English High Court, the Strand, London. Any dispute in any way referable to the content of this site whether in respect of its trade marks, copyright or image content shall be resolved exclusively by arbitration the terms of which are to be agreed between Hardcloud.com and yourself and provide no right or recourse to any relief of the English Courts whether interim or otherwise and that by accessing this site you waive your right for all time to any such right.
The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and Hardcloud.com. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of Hardcloud.com.
Hardcloud Ltd reserves the right to charge the full shipping fee applicable to resend if the item is returned to us because the customer could not take delivery for any reason.
Any items returned to us without being delivered will be added back into our stock and your account credited with the order total, minus the fee the courier charges us to deliver the item back to us. You will have to replace the order to have the item re-shipped. If you require a refund on items returned by the courier this will be done minus the couriers fee.
Any incorrect address details input by the customer on their order which causes the parcel to be delivered incorrectly will be at the liability of the customer, it will be up to the customer to try and retrieve the parcel themselves at their cost.
Any delivery errors must be reported within 7 days of date of delivery. All orders, are checked and double checked before leaving our warehouse. If you have not received your order within 7 days of dispatch date, then you must notify us within these 7 days. If you notify us after these 7 days then we will not be responsible for its location, and we may not be able to claim for the parcel if it lost/stolen.
There must be someone at the delivery address to receive parcel, where a signature is required our courier will only attempt re delivery once, after this the goods will be returned to Hardcloud Ltd, this may take up to 10 working days.
Waste Electrical and Electronic equipment regulation 2006 Statutory Instrument 2006 no.3289
You can now recycle your old electricals with us. We offer a free 'Take Back' on your old electrical and electronic equipment (EEE). If you're buying a new electrical item, we will recycle your old one for free. This is done on a like-for-like basis. Therefore, if for example you purchase a new watch from use you can only return an old watch back to use. To which you have 28 days in which to return the old item to use.
Unwanted electrical equipment is the UKs fastest growing type of waste. Many electrical items can be repaired or recycled, saving natural resources and the environment. If you do not recycle, electrical equipment will end up in landfill where hazardous substances will leak out and cause soil and water contamination - harming wildlife and also human health.
We can help
We are pleased to offer our customers the chance to recycle their old electrical items. This is done on a like-for-like basis. Therefore, if for example you purchase a new watch from use you can only return an old watch back to use. To which you have 28 days in which to return the old item to use.
To remind you that old electrical equipment can be recycled, it is now marked with a crossed-out wheeled bin symbol. Please do not throw any electrical equipment (including those marked with the crossed out wheeled bin symbol) in your bin.