Terms & Conditions

Terms & Conditions

Last updated on August 2019.

Hardware UK Limited and its subsidiaries and/or its affiliates ("Hardware") provide website features and other products and services to you when you visit or shop at Hardware.com (the "website"), purchase products, or services, or use software provided by Hardware in connection with any of the foregoing (collectively "Hardware Services"). Please see our Privacy Policy and our Cookie Policy to understand how we collect and process your personal information through Hardware. Hardware provides the Hardware Services and sells our products to you subject to the conditions set out on this page.

Hardware provide products and services to individuals acting for the purposes of his and her business only. (i.e. those who are not a private consumer) By accepting these Conditions you warrant that you are not purchasing as a private consumer.

CONDITIONS OF USE

Please read these conditions carefully before using Hardware Services. By using Hardware Services, you signify your agreement to be bound by these conditions.

We offer a wide range of services, (e.g. CloudwareOne, Repair, Professional Services and Smartpac Support )and sometimes additional terms may apply. When you use a Hardware Service, you will also be subject to the terms, guidelines and conditions applicable to that Hardware Service ("Service Terms") including any applicable Statement of Works (SOW). If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control.

1. ELECTRONIC COMMUNICATIONS

When you use any Hardware Service or send e-mails to us, you are communicating with us electronically. We will communicate with you electronically in a variety of ways, such as by e-mail, text, or by posting e-mail messages or communications on the website or through the other Hardware Services, such as our Support Portal. For contractual purposes, you agree that all agreements, notices, disclosures and other communications that we provide you electronically satisfy any legal requirement that such communications be in writing, unless mandatory applicable laws specifically require a different form of communication.

2. RECOMMENDATIONS AND PERSONALISATION

As part of the Hardware Services, we will recommend features, products, and services, including third party ads that might be of interest to you, identify your preferences, and personalise your experience.

3. COPYRIGHT, AUTHORS' RIGHTS AND DATABASE RIGHTS

All content included in or made available through any Hardware Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads and data compilations is the property of Hardware or its content suppliers and is protected by United Kingdom and international copyright, authors' rights and database right laws. The compilation of all content included in or made available through any Hardware Service is the exclusive property of Hardware and is protected by United Kingdom and international copyright and database right laws.

You may not extract and/or re-utilise parts of the content of any Hardware Service without our express written consent. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation any substantial parts of the content of any Hardware Service, without our express written consent. You may also not create and/or publish your own database that features substantial parts of any Hardware Service (e.g. our prices and product listings) without our express written consent.

4. TRADEMARKS

Graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Hardware Service are trademarks or trade dress of Hardware. Hardware's trademarks and trade dress may not be used in connection with any product or service that is not Hardware’s, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Hardware. All other trademarks not owned by Hardware that appear in any Hardware Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Hardware.

5. LICENCE AND ACCESS

Subject to your compliance with these Conditions of Use and applicable Service Terms and your payment of any applicable fees, Hardware or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable licence to access and make personal and non-commercial use of the Hardware Services. This licence does not include any resale or commercial use of any Hardware Service or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Hardware Service or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.

All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by Hardware or its licensors, suppliers, publishers, rights holders, or other content providers. No Hardware Service, nor any part of any Hardware Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. You may not frame or use framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout, or form) of Hardware without our express written consent. You may not use any meta tags or any other "hidden text" utilising Hardware's names or trademarks without our express written consent.

You may not misuse the Hardware Services. You may use the Hardware Services only as permitted by law. The licences granted by Hardware terminate if you do not comply with these Conditions of Use or any Service Terms.

6. YOUR ACCOUNT

You may need your own Hardware account to use certain Hardware Services, and you may be required to be logged into the account and have a valid payment method associated with it.If there is a problem charging your selected payment method, we may charge any other valid payment method associated with your account.

If you use any Hardware Service you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and to the extent permitted by applicable law you agree to accept responsibility for all activities that occur under your account or password as the Authorised User, including authorising and setting access levels to your new and existing users on your account. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be used in an unauthorised manner. You are responsible for ensuring that the details you provide us with are correct and complete, and for informing us of any changes to the information you have provided. You can access your information in the Your Account section of the website.

You must not use any Hardware Service: (i) in any way that causes, or is likely to cause, any Hardware Service, or any access to it to be interrupted, damaged or impaired in any way, or (ii) for fraudulent purposes, or in connection with a criminal offence or other unlawful activity, or (iii) to cause annoyance, inconvenience or anxiety.

We reserve the right to refuse service, terminate accounts or remove or edit content if you are in breach of applicable laws, these Conditions of Use or any other applicable terms and conditions, guidelines or policies.

7. REVIEWS, COMMENTS, COMMUNICATIONS AND OTHER CONTENT

Visitors may post reviews, comments and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions or other information, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam". You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. We reserve the right to remove or edit such content. If you believe that any content on or advertised for sale on any Hardware Service contains a defamatory statement, or that your intellectual property rights are being infringed by an item or information on any Hardware Service, please notify us by writing to us at our Head Office address found in the Our Contact Details section below.

If you post customer reviews, comments, customer questions or answers, or other content generated by you for display on the website (including any images, video or audio, all together "content", you grant Hardware(a) a non-exclusive, royalty-free licence to use, reproduce, publish, make available, translate and modify such content throughout the world (including the right to sublicense these rights to third parties) and (b) the right to use the name that you submit in connection with such content. No moral rights are transferred by this provision.

You may delete your content from public view or, where such functionality is offered, change settings so that it is only shown to people to whom you grant access.

You represent and warrant that you own or otherwise control all of the rights to the content that you post; that, as at the date that the content or material is posted: (i) the content and material is accurate; and (ii) use of the content and material you supply does not breach any applicable policies or guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory). You agree to indemnify Hardware for all claims brought by a third party against Hardware arising out of or in connection with the content and material you supply except to the extent that any liability arises from our failure to properly remove the content when it is notified of the illegal nature of the content, (please notify us by writing to us at our contact details below), rising out of or on the grounds of, or originating from the content that you have communicated to us.

8. INTELLECTUAL PROPERTY CLAIMS

Hardware respects the intellectual property of others. If you believe that your intellectual property rights have been used in a way that gives rise to concerns of infringement, please notify us in writing at our head office contact details below.

9. OTHER BUSINESS

We provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their websites. Hardware does not assume any responsibility or liability for the actions, product, and content of all of these or any other third parties. You should carefully review their privacy statements and other conditions of use.

10. OUR LIABILITY

We will do our utmost to ensure that availability of the Hardware Services will be uninterrupted and that transmissions will be error-free. However, due to the nature of the internet, this cannot be guaranteed. Also, your access to Hardware Services may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. We will attempt to limit the frequency and duration of any such suspension or restriction.

Hardware will not be responsible for (i) losses that were not caused by any breach on our part, or (ii) any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure), or (iii) any indirect or consequential losses that were not foreseeable to both you and us when you commenced using the Hardware Services.

We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your legal right to have goods sent or services provided within a reasonable time or to receive a refund if goods or services ordered cannot be supplied within a reasonable time owing to a cause beyond our reasonable control.

The laws of some countries do not allow some or all of the limitations described above. If these laws apply to you, some or all of the above limitations may not apply to you and you might have additional rights.

The total Liability which Hardware shall owe to you in respect of claims shall not exceed 125% of fees paid by you in the last 12 months in respect of the products or service to which the claim(s) relate.

Nothing in these conditions limits or excludes our responsibility for fraudulent representations made by us or for death or personal injury caused by our negligence or wilful misconduct.

11. APPLICABLE LAW

The formation, construction, performance, validity and all aspects whatsoever of these conditions shall be governed by English Law and we both agree to herby submit to the exclusive jurisdiction of the English courts.

12. ALTERATIONS TO SERVICE OR AMENDMENTS TO THE CONDITIONS OF USE

We reserve the right to make changes to any Hardware Services, policies, terms and conditions including these Conditions of Use, and Service Terms at any time. You will be subject to the terms and conditions, policies and Conditions of Use in force at the time that you use the Hardware Services. If any of these Conditions of Use is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.

13. WAIVER

If you breach these Conditions of Use and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Conditions of Use.

14. OUR CONTACT DETAILS

This website is owned and maintained by Hardware UK Limited. Specific terms of use and sale for other Hardware Services, can be found within the website hardware.com.

Hardware UK Limited

Head and Registered Office:

Wellington House
Kemble Enterprise Park
Cirencester
GL7 6BQ
United Kingdom

Registered Company Number: 04197529
VAT registration Number: GB 974 901 686

15. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF RIGHT INFRINGEMENTS

If you believe that your rights are being infringed, you must notify us in writing at our head office contact details referenced in these terms. We respond expeditiously to rights owners and their agents who complete and submit the Notice Form to communicate concerns about any alleged infringement.

Upon receipt of a Notice Form we may take certain actions, including removing information or an item, all of which are taken without any admission as to liability and without prejudice to any rights, remedies or defences, all of which are expressly reserved.

Furthermore, in submitting a Notice Form, you grant to Hardware the right to use, reproduce, modify, adapt, publish, translate, create derivative works from, and display its content throughout the world in any media. This includes forwarding the Notice Form to the parties involved in the provision of the allegedly infringing content. You agree to indemnify Hardware for all claims brought by a third party against Hardware arising out of or in connection with the submission of a Notice Form.

Important Warning: giving false, misleading or inaccurate information in the Notice Form to Hardware may result in civil and/or criminal liability. You should contact a legal advisor should you have any questions.

16. NOTICE AND PROCEDURE FOR NOTIFYING HARDWARE OF DEFAMATORY CONTENT

It is not possible for us to be aware of the contents of each product listed for sale, or each customer review or comment that is displayed. Accordingly, we operate on a "notice and action" basis. If you believe that any content on, or within a product advertised for sale on, the Hardware website contains a defamatory statement, please notify Hardware immediately by writing to us:

Defamation Notices
Hardware UK Limited
Wellington House
Kemble Enterprise Park
Cirencester
GL7 6BQ
United Kingdom

Important Warning: Giving false, misleading or inaccurate information in the notice to Hardware of Defamatory Content on Hardware.com may result in civil and criminal liability.

ADDITIONAL HARDWARE SOFTWARE TERMS

1. Use of the Hardware Software

You may use Hardware Software, (which includes provision of portal access and use), solely for purposes of enabling you to use and enjoy the Hardware Services as provided by Hardware, and as permitted by the Conditions of Use, these Software Terms and any Service Terms. You may not incorporate any portion of the Hardware Software into your own programs or compile any portion of it in combination with your own programs, transfer it for use with another service, or sell, rent, lease, lend, loan, distribute or sub-license the Hardware Software or otherwise assign any rights to the Hardware Software in whole or in part. You may not use the Hardware Software for any illegal purpose. We may cease providing any Hardware Software and we may terminate your right to use any Hardware Software at any time. Your rights to use the Hardware Software will automatically terminate without notice from us if you fail to comply with any of these Software Terms, the Conditions of Use or any other Service Terms. Additional third-party terms contained within or distributed with certain Hardware Software that are specifically identified in related documentation may apply to that Hardware Software (or software incorporated with the Hardware Software) and will govern the use of such software in the event of a conflict with these Conditions of Use. All software used in any Hardware Service is the property of Hardware or its software suppliers and protected by international copyright laws.

2. Use of Third Party Services

When you use the Hardware Software, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile platform provider. Your use of these third-party services may be subject to the separate policies, terms of use, and fees of these third parties.

3. No Reverse Engineering

. Unless explicitly permitted under applicable mandatory law, you may not, and you will not encourage, assist or authorise any other person to copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with, the Hardware Software, whether in whole or in part, or create any derivative works from or of the Hardware Software.

4. Updates

In order to keep the Hardware Software up-to-date, we may offer automatic or manual updates at any time and without notice to you.

CONDITIONS OF SALE

These Conditions of Sale govern the sale of products by Hardware to you. We offer a wide range of Hardware Services, (e.g. CloudwareOne, Repair, Professional Services and Smartpac Support ) and sometimes additional terms may apply. When you use a Hardware Service, you will also be subject to the terms, guidelines and conditions applicable to that Hardware Service ("Service Terms"). If these Conditions of Sale are inconsistent with the Service Terms, those Service Terms will control.

Please read these conditions carefully before placing an order with Hardware. By placing an order with Hardware, you signify your agreement to be bound by these conditions.

1. OUR CONTRACT

Your order is an offer to Hardware to buy the product(s) in your order. When you place an order to purchase a product from Hardware, we will send you an e-mail confirming receipt of your order and containing the details of your order (the "Order Acknowledgement E-mail"). The Order Acknowledgement E-mail is acknowledgement that we have received your order and does not confirm acceptance of your offer to buy the product(s) ordered. We will send an email confirming processing of your order ( Order Confirmation email )at the point we accept your offer, and conclude the contract of sale for a product ordered by you, when we dispatch the product to you. Your contract is with Hardware.

2. RETURNS AND WARRANTIES

Hardware is committed to providing our customers with the highest quality products and services. However, on rare occasions, products may be found to be faulty or defective. In such cases we offer the returns facilities described in full in our Returns Policy and Process.

Hardware offers the benefit of a 12-month warranty on all Cisco products. By buying Cisco products through Hardware you accept that Hardware is not a partner or an affiliate of Cisco and is unable to offer the manufacturer’s own warranty.

For all other goods, the Manufacturer’s warranty will apply.

EFFECTS OF CANCELLATION

In circumstances where return of Products(s) is permitted by Hardware, we will issue a credit note to you for the original value of the returned goods.

EXCEPTIONS TO THE RIGHT OF CANCELLATION

The right of cancellation does not apply to:

  • the delivery of products which are not suitable for return which are, after delivery, inseparably mixed with other items;
  • the delivery of sealed audio or video recordings or of sealed software if unsealed by you after delivery;
  • the supply of goods made to your specifications or clearly personalized;
  • the supply of Software licences provided electronically.
  • the supply of goods which may deteriorate or expire rapidly;
  • a service if Hardware has fully performed it and you accepted when you placed your order that we could start to deliver it, and that you could not cancel it once delivery had started;
  • the supply of digital content (including apps, digital software, ebooks, MP3, etc) which is not supplied on a tangible medium (e.g. on a CD or DVD) if you accepted when you placed your order that we could start to deliver it, and that you could not cancel it once delivery had started;

3. PRICING AND AVAILABILITY

All prices are exclusive of any applicable Value Added Tax (VAT) or any other sales taxes, for which (if applicable) you shall be additionally liable.

We reserve the right to change the price by giving notice to you at any time before delivery, to reflect any increase in the cost to Hardware that is due to any or all of the below:
  • any factor beyond Hardware’s control (including foreign exchange rate fluctuations, increase in taxes and duties and increase in labour and/or materials).
  • any request by you to change the delivery date(s), quantities or type of product or service or specification.
  • any delay caused by any instruction from you in respect of the product or service or failure to give us adequate or accurate information in respect of the supply request.

We list availability information for products sold by us on the website including on each product information page. Beyond what we say on that page or otherwise on the website, we cannot be more specific about availability. As we process your order, we will inform you by e-mail or phone as soon as possible if any products you order turn out to be unavailable and you will not be charged for those products.

Please note that unless otherwise stated on the website, delivery estimates are just that. They are not guaranteed delivery times and should not be relied upon as such.

Despite our best efforts, a small number of the items in our catalogue may be mispriced. We will verify pricing when processing your order and before we take payment. If we have made a mistake and a product's correct price is higher than the price on the website, we may either contact you before dispatch to request whether you want to buy the product at the correct price or cancel your order. If a product's correct price is lower than our stated price, we will charge the lower amount and send you the product.

4. PAYMENT

Where credit terms have been agreed with you, you agree to pay each invoice in full (subject to a bona fide dispute), by the due date. The time of the payment is vital and mandatory.

Any objection to any invoice must be made to Hardware within fifteen days of the invoice date otherwise Hardware will assume the invoice as accepted.

Payment is to be made without deduction for contra or other set-off.

If you fail to make any payment by the due date or do not comply with any obligation under these Conditions then without prejudice to any other right or remedy available to Hardware, Hardware shall be entitled to withhold or suspend the supply of any product and /or Service to you until such payment is made or you comply with your obligations to Hardware’s reasonable satisfaction.

Hardware reserve the right, without prejudice to our other rights and remedies, to charge interest to you on any payments not made as per the due date, at a rate of four per cent per annum above the Bank of England base rate from time to time.

Hardware is not a finance provider and where any product and/or services are paid for by any way of a lease or financial product it is likely that the agreement for the purchase exists directly between you and the finance provider. Hardware is not a party to such an agreement and neither Hardware nor you shall have rights or obligations to each other in respect of products and/or services transacted through this manner.

5. DELIVERY, TITLE AND RISK

You are required to be able to accept goods when they are ready for delivery within normal working hours.

Delivery is deemed to take place when products are delivered to your nominated address or in the case of electronic delivery of products to the email address or other electric location as agreed, or where you or your nominated representative have collected the goods from Hardware at which point risk of loss, breakage and all damages and all other risks shall pass too you.

Title does not pass to you until cleared and full payment for the product or service and all other fees due by you to Hardware.

6. PRODUCT INFORMATION

Unless expressly indicated otherwise, Hardware is not the manufacturer of the products sold on this website. While we work to ensure that product information on our website is correct, actual product packaging and materials may contain more and different information to that displayed on our website.

Specifications may also change. All information about the products on our website is provided for information purposes only. We recommend that you do not rely solely on the information presented on our website. Please always read labels, warnings and directions provided with the product before use.

Product Images displayed on our website are for illustration purposes only.

7. CUSTOMS

When ordering products from Hardware for delivery which may be subject to import duties and taxes, which are levied once the package reaches the specified destination. Any additional charges for customs clearance must be borne by you; we have no control over these charges. Customs policies vary widely from country to country, so you should contact your local customs office for further information. Additionally, please note that when ordering from Hardware, you are considered the importer of record and must comply with all laws and regulations of the country in which you are receiving the products. Your privacy is important to us and we would like our international customers to be aware that cross-border deliveries are subject to opening and inspection by customs authorities.

8. OUR LIABILITY

Hardware and its affiliates will not be responsible for (i) losses that were not caused by any breach on our part, or (ii) any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure), or (iii) any indirect or consequential losses that were not foreseeable to both you and us when the contract for the sale of products by us to you was formed.

The laws of some countries do not allow some or all of the limitations described above. If these laws apply to you, some or all of the above limitations may not apply to you and you might have additional rights.

Nothing in these conditions limits or excludes our responsibility for fraudulent representations made by us or for death or personal injury caused by our negligence or wilful misconduct.

We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your right to have the products sent to you within a reasonable time.

The total Liability which Hardware shall owe to you in respect of claims shall not exceed 125% of fees paid by you in the last 12 months in respect of the products or service to which the claim(s) relate.

9. APPLICABLE LAW

The formation, construction, performance,validity and all aspects whatsoever of these conditions shall be governed by English Law and we both agree to herby submit to the exclusive jurisdiction of the English courts.

10. AMENDMENTS TO THE CONDITIONS OF SALE

We reserve the right to make changes to our website, policies, and terms and conditions, including these Conditions of Sale at any time. You will be subject to the terms and conditions, policies and Conditions of Sale in force at the time that you order products from us, unless any change to those terms and conditions, policies or these Conditions of Sale is required to be made by law or government authority (in which case it may apply to orders previously placed by you). If any of these Conditions of Sale is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.

11. WAIVER

If you breach these Conditions of Sale and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Conditions of Sale.

12. OUR CONTACT DETAILS

Our contact details are:

Hardware UK Limited

Head and Registered Office:
Wellington House
Kemble Enterprise Park
Cirencester
GL7 6BQ
United Kingdom

Registered Company Number: 04197529

VAT registration Number: GB 974 901 686