THESE TERMS AND CONDITIONS APPLY TO SALES. PLEASE READ THESE TERMS CAREFULLY, IN PARTICULAR CLAUSE 12 BELOW.
PLEASE NOTE THAT SPECIAL TERMS APPLY TO CONSUMERS, WHICH PREVAIL OVER THE OTHER PROVISIONS OF THESE TERMS AND CONDITIONS. CUSTOMERS WHO ARE CONSUMERS ARE REFERRED TO CLAUSE 16 BELOW.
1. City Hardware B.V. websites like www.city-hardware.com .
1.1 This websites are operated by City Hardware B.V. whose registered office is at Vennestraat 56A, 2161 LE Lisse the Netherlands (“City Hardware” or “we” or “us”).
1.2 City Hardware B.V. IS A RESELLER OF COMPUTER-RELATED PRODUCTS AND PERIPHERALS.
1.2a CITYFIBER IS A BRAND OF FIBER OPTICS.
1.3 These websites are intended for use by City Hardware customers and prospective customers. Persons who place an order for City Hardware and/or CityFiber products on these websites are bound by City Hardware Terms and Conditions. Please review these Terms and Conditions, before placing any order through these websites.
1.4 We provide access to and use of the City Hardware website subject to the following terms and conditions which may be updated by us without notice to you.
BY USING OR ACCESSING THIS WEBSITE YOU WILL BE DEEMED TO HAVE ACCEPTED THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS PLEASE CEASE USING THIS WEBSITE.
2. Definitions
2.1 “Business Customer” means a customer who is not a Consumer;
2.2 “Consumer” means an individual who is not acting for the purposes of his or her business or profession;
2.3 “City Hardware” also referred to as “we” or “us” in these Terms and Conditions;
2.4 “Catalogue” means the catalogue of products and services offered by City Hardware;
2.5 “Force Majeure” means any cause affecting the performance by City Hardware of its obligations arising from acts, events, omissions, happenings or nonhappenings
beyond its reasonable control including (but not limited to) governmental regulations, fire, flood or any disaster or industrial dispute affecting a third
party;
2.6 “Normal Working Hours” means 8.30 am to 5 pm on a Working Day;
2.7 “Working days” means Monday to Friday, excluding Bank or other Public holidays;
2.8 “Web site” means the City Hardware internet website, accessed through the address
2.9 “Customer” means a customer or potential customer of City Hardware;
2.10 “User” means the person who accesses the webshops on behalf of the Customer;
2.11 “Administrator” means the person who is charged to administrate and authorise Users on behalf of the Customer;
2.12 “Products” means the products listed for sale on webshops, which can be purchased by the Customer;
2.13 “Terms and Conditions” means the terms and conditions for access to the City Hardware webshop systems by the Customer and its Users and the City Hardware Terms and Conditions of sale, which deal with the commercial and trading aspects between the Customer and City Hardware.
3. Orders
3.1 All contracts of sale made by City Hardware shall be deemed to incorporate these terms and conditions, which shall prevail over any other terms from the Customer. Cancellation of orders by Business Customers is not accepted as many orders are dispatched on the same day the order is placed. Cancellation of orders by Consumers will be accepted in accordance with the Consumer Protection Regulations. Nothing in these terms and conditions is intended to impinge upon a Consumer’s statutory or contractual rights to reject faulty goods.
3.2 All orders are subject to acceptance and to availability of the goods ordered: City Hardware is entitled to refuse any order placed by you.
3.3 You undertake that:
3.3.1 all details you provide to us for the purpose of purchasing goods or services offered on our web site are correct, and
3.4 Please note, City Hardware may record and / or monitor inbound and outbound calls and electronic traffic for training purposes.
4. Prices
4.1 All prices are exclusive of any applicable Value Added Tax (VAT) or any other sales taxes, for which (if applicable) the Customer shall be additionally liable.
4.2 City Hardware the right, by giving notice in Writing to the Customer at any time before delivery, to increase the price of the Goods to reflect any changes in specifications for the Goods which are requested by the Customer or are necessary as a result of any delay caused by (a) the Customer’s instructions or (b) the Customer’s failure to provide adequate information or instructions to the Seller.
5. Ordering
5.1 Ordering from within or outside the EU
5.1.1 We provide you with four possible ways of placing your order:
(a) on the Internet through our internet sites
(b) by telephone:
(c) by e-mailing your Purchase Order to: info@cityhardware.com
5.2 We will confirm receipt of your order by e-mail.
5.3 We will confirm that your order has been accepted by e-mail.
5.4 We will confirm that your order has been dispatched with its tracking number by email.
5.5 Please note that we use the e-mail address that you have given us either on the web, on the phone, or by fax.
Terms & Conditions
6. Delivery, Title and Risk
6.1 For all delivery questions please contact City Hardware info@city-hardware.com . To check the status of your order please email info@city-hardware.com .
6.2 City Hardware shall use reasonable endeavors to dispatch goods by the date agreed with the customer, but do not accept liability for failure to deliver within the stated time where this is caused by circumstances beyond our reasonable control, such as delays caused by delivery companies or manufacturer lead times. If a delay is likely, we shall contact the customer and advise of the delay. A customer who is a Consumer shall be entitled to cancel an order when advised of a delay if the revised delivery date is not acceptable.
6.3 In the case of a Business Customer, if City Hardware is unable to deliver the goods within 30 days of the agreed delivery date, the Customer will, as its sole remedy, be entitled to cancel the order and require any monies paid to City Hardware in respect of that order to be refunded. In order to cancel, the Customer must send written notice of cancellation to City Hardware after the above date but before delivery of the goods or notification from City Hardware that the goods are ready for delivery.
This Clause does not apply to Consumers.
6.4 In the case of Business Customers, City Hardware do not accept liability for shortages or damage to deliveries unless the Customer notifies City Hardware of the shortage or damage in writing within 48 hours of receipt of the delivery. Consumers should notify shortages or damage within a reasonable period of becoming aware.
6.5 Business Customers are required to be able to accept the goods when they are ready for delivery within Normal Working Hours.
6.6 The Goods are at the risk of the Customer from the time of their delivery by the Seller to the Designated Carrier. If for any reason the Customer will not accept delivery of any of the Goods when they are ready for dispatch to the Designated Carrier, or the Seller is unable to dispatch the Goods to the Designated Carrier on time because the customer has not provided appropriate instructions, documents or authorisations, risk in the Goods will pass to the Customer (including for loss or damage caused by the Seller’s negligence) from the moment of attempted delivery, the Goods will be deemed to have been delivered, the Seller may store the Goods until delivery whereupon the Customer will liable for all related costs and expenses and Condition 4.2 shall apply. be
6.7 Title in the goods does not pass to the Customer until payment is received in full by City Hardware.
6.8 If the Customer cannot accept delivery, City Hardware may at their option: (i) store and insure the goods at the Customer’s expense and risk or (ii) sell the goods at the best price reasonably obtainable and (after deducting reasonable storage insurance and selling costs) pay to the Customer any excess over the sale price or charge the Customer for any shortfall or (iii) re-arrange delivery provided that City Hardware may charge the Customer for the additional delivery costs incurred.
6.9 The Customer may request a Proof of Delivery, provided that this request is made in writing within 3 months of the date of delivery and City Hardware shall use reasonable endeavors to provide such proof. Thereafter, delivery shall be deemed to have been successfully completed.
6.10 Upon delivery of the goods, the Customer will be asked to sign a Proof of Delivery to acknowledge safe receipt. It is the responsibility of the Customer to ensure that the number of packages delivered corresponds with the number stated on the delivery note. Where a discrepancy occurs or where there is evident damage to the packaging, this should be noted on the Proof of Delivery. City Hardware shall not be liable for discrepancies or damage evident on delivery where the Customer accepts delivery and signs the Proof of Delivery without amendment.
6.11 Delivery terms:
6.11.1 Standard delivery:
With standard delivery you receive your complete order within 1 to 2 days, from the point when all the items in your order are in stock.
6.11.2 Same Day Delivery
With Same Day Delivery you receive your order for items that are in stock before close of business for all orders placed before 2 PM within NL. There is a standard cost of €200 for this service however this price can change depending on the destination, volume and weight. Please speak to City Hardware for details.
6.11.3 Part Shipping
If you order more than one item – it is possible that they could be on different lead-times and therefore you could request various deliveries and will be charged for all extra deliveries above the standard.
6.11.4 Shipping to various locations
Some customers purchase centrally and wish to have various items delivered to various offices; this can be done after the relevant security checks are clear
and the added costs covered.
6.11.5 We deliver to most countries in the world. Shipment is done via DHL. Express delivery via DHL within the EU for Next -day delivery and for 2 day delivery is ONLY available on items which are in stock at our warehouse. Once the dispatch of your order is realised the delivery time is up to 5 days maximum through DHL for our EU costumers.
6.11.6 Please note that since DHL do not deliver on weekends, your order placed on a Friday will be delivered to you by the following Tuesday providing that your product is in stock at our warehouse.
6.11.7 Please note that City Hardware will not be liable in the eventuality of late deliveries should it concern a direct responsibility with DHL. First contact our customer services or in this particular situation, all customers can contact DHL directly.
7. Availability
7.1 Our websites are regularly updated throughout the day, to ensure that we provide accurate details on product availability and the listed lead-time is regularly updated. We endeavour to ensure availability on all our advertised items is constant, however we cannot warranty availability. In the unlikely event that your chosen item is unavailable we will contact you ASAP to advise of expected delivery dates. If a product that has been ordered is still not available after the indicated waiting period has elapsed, we will contact you by e-mail or by phone in order to propose an extension to the waiting period or to suggest a different product. If a product is shown as being out of stock in our internet site there is still a chance that one of our suppliers may have stock. If you wish
to check this you can e-mail info@city-hardware.com
8. Payment
8.1 There are two different ways to arrange payment, whether you are ordering online, by phone or email: Account, or Bank transfer.
8.1.1 On Account – Please fill in the Credit Application and Authorisation Form, once we have received this we apply for an insured credit limit.
This process can take up to a week, once complete we can than offer 7 days credit up to the insured limit offered to us.
8.1.2 Bank transfer payment: City Hardware offer the opportunity to pay by bank transfer. Please note that Bank transfers from abroad will only be accepted if the additional transfer costs are paid by the customer. Your payment will be processed when your bank transfer is received. Once your payment received we will dispatch your goods. The processing of off-line payments may take several days.
8.1.3 By email: Through our customer service on info@city-hardware.com .
If you place an especially high-value order we reserve the right to contact you for further confirmation of your order details, prior to authorisation.
8.2 Please note that for security reasons City Hardware reserve the right to ask its clients for a bank transfer payment for a first transaction. Moreover, for security reasons City Hardware reserve the right to call its first time clients upon receipt of their orders.
8.3 Please note that if our insurance company and our fraud department suspect a fraud we reserve the right to cancel a transaction for security purposes.
8.4 City Hardware standard terms of payment for credit account customers are 7 days from the date of the invoice, and these will apply except in the case of transactions where different terms are agreed in writing.
If payment is not made on the due date, City Hardware will be entitled to charge interest daily on the outstanding balance at the rate of 3% above 3 months EURIBOR base lending rate from time to time.
9. Product specifications
9.1 City Hardware makes every effort to supply the goods as advertised but reserves the right to supply the goods subject to minor variations in actual dimensions and specifications where these are changed by the manufacturer.
9.2 If City Hardware cannot supply the goods ordered by the Customer, City Hardware reserves the right to offer goods of equal or superior quality at no extra cost. In such a case, if the Customer does not wish to accept the alternative goods offered, he or she may cancel the order and require the refund of any money paid to City Hardware in respect of that order, including carriage charges. This shall be the sole remedy of the Customer in these circumstances.
10. Trade names and Trade Marks
10.1 Trade names and marks (other than City Hardware and CityFiber) are not always indications of the actual manufacturer of a particular product and may rather be indicative of general use systems and machines associated with such products.
10.2 In the case of component purchases, Customers requiring a particular brand of product should, before placing an order, check with City Hardware the identity of the manufacturer of component it is proposed to purchase.
11. Warranties and Returns
11.1 Please note that special terms apply to Consumers who wish to return goods, which prevail over the provisions of this Clause.
11.2 Customers who are Consumers are referred to Clause 16.
11.3 City Hardware is committed to providing our customers with the highest quality products and service. However, on rare occasions, products may be found to be faulty or defective. In such cases we offer the returns facilities described below.
11.4 Unless otherwise stated in the manufacturer’s documentation, all goods delivered to an EU address carry a 3-month manufacturer’s warranty.
11.5 If you purchase goods in the course of your business, the following provisions of this Clause shall apply. Other than the express provisions set out in these terms and conditions, all other terms and the implied terms or warranties relating to the supply of goods are excluded to the fullest extent permitted by law. Goods are not tested or sold as being fit for any particular application or for use under specific conditions, unless expressly agreed in writing.
11.6 If you purchase services in the course of your business, the following provisions of this Clause shall apply. City Hardware shall use its skill and expertise to carry out any contracted works (the “Service(s)”) to a standard equivalent to that of a competent computer professional, and shall warrant our work as free from defects, for a period of 7 days after completion. In particular, we cannot be held responsible for any fault or damage not caused by City Hardware services’ engineers or its contracted agents. In the event of a claim arising relating to the level of skill and judgement applied in the course of providing Services, City Hardware reserves at its sole discretion the right to appoint an independent expert in the field to appraise the work carried out in the execution of the Service(s). Additionally, City Hardware cannot be held responsible for equipment installed or configured when the equipment has subsequently been altered or configured by persons other than City Hardware Except as set out here, all other express or implied terms or warranties relating to the Services are excluded to the fullest extent permitted by law.
11.7 Subject to the right of Consumers to return goods for refund under The Consumer Protection Regulations (see Clause 16), City Hardware do not sell products on a trial basis. Customers are strongly advised to check suitability and specifications of products before ordering.
11.8 In the event that City Hardware, at their discretion (unless the Consumer Regulations apply, (see Clause 16), agrees to accept the return for credit of unwanted products, the goods must be returned with City Hardware’s prior written agreement within 7 days of delivery. The goods must be unopened and in perfect re-saleable condition. All goods returned in these circumstances (except where the Consumer Protection Regulations apply, (see Clause 16) will be subject to a handling fee of 25% of City Hardware’s sale price for the goods, or €100, whichever is the greater.
11.9 Subject to testing to verify any alleged fault, we will accept the return of defective goods for full refund or replacement at our option, if, but only if, the goods are returned within 7 days of delivery. Consumers who wish to return defective products are not obliged to follow the processes set out below, but are recommended to do so as this helps us to provide a more efficient returns service.
11.10 City Hardware’s technical support staff or Customer Support staff, as appropriate, will advise you of which method of delivery to use to return the products. Depending on the nature of the product purchased, we will either arrange a courier collection, or request that you return the product directly to us.
If the goods are found on inspection to be defective, the cost of returning the item will be refunded to you. Authorised product returns must be sent to:
Customer Returns, City Hardware the Netherlands.
11.11 City Hardware offer a “no charge” collection, repair and delivery service (on the EU only) for hardware which is shown to be faulty provided that the fault is reported within 7 days of delivery. If we have arranged for a courier collection of your product, we are unable to specify the collection time, and it is your responsibility to ensure that someone will be present at the collection address when the courier arrives.
11.12 All returned goods (except those returned under Clause 16) must be accompanied by City Hardware’s Returns Material Authorization number form (‘RMA Number’ form) which can be obtained by contacting Customer Support or from our website. Returned goods will not be accepted without an RMA Number form. Do not write directly on the manufacturer’s packaging. Please use the RMA number form provided with the Returns Material Authorisation and attach it to the returned package. Any defacement of the manufacturer’s packaging or damage caused by inadequate packaging may result in the rejection of the return or an additional restocking fee, at City Hardware’s sole discretion.
11.13 City Hardware cannot accept liability for packages damaged during transit. It is the Customer’s responsibility to wrap the product adequately to prevent damage.
11.14 Proof of postage is not proof of delivery and you are therefore strongly advised to send your package by recorded delivery, registered post or courier, and to insure the goods for their full value.
11.15 On receipt of the returned product, we will test it to identify the fault you have notified to us.
11.15.1 If following the testing process, the product is found to be in good working order without defect, we will return the product to you, and the carriage costs of this return will be your responsibility. Please note that if you have, in the meantime, required us to provide you with a replacement product before completion of the testing process, you will have to pay for this product also. This Clause does not apply to Consumers returning goods pursuant to Clause 16.
11.15.2 All goods delivers to an EU mainland address carry a warranty accordantly to the Manufacturer’s terms and condition. Please contact the Manufacturer for more information.
Customers who wish to make a warranty claim must comply with the manufacturer’s instructions and warranty procedure. In order to resolve your problem as quickly as possible, we may refer you to the product manufacturer who will deal directly with the return. In these instances, we will provide you with the contact information for the relevant manufacturer. If you are a consumer, this does not affect your statutory rights.
11.15.3 This warranty shall not apply if the goods have been worked upon, altered or damaged in any way by the Customer or its employees or agents, or
to goods not used in accordance with the manufacturer’s instructions.
11.15.4 No software on which seals have been broken can be returned for credit. If any software discs are faulty, the manufacturer will replace them. If you are a consumer this does not affect your statutory rights. Please note Software Licences are non returnable unless the software is materially non-compliant with its specification or the physical media on which it is supplied is defective.
11.16 Some manufacturers require goods to be returned within 7 days or less in order to secure refund. In such instances the manufacturer’s time limit will apply and therefore City Hardware will only accept a return within 7 days of purchase or the manufacturer’s time limit, if that limit is less than 7 days. We can only accept the return of a defective product that does not meet the description, if they are returned to us within 7 days. Beyond that period you will be deemed to have accepted the goods and you must therefore check the goods promptly on receipt. Please note that this period is reduced to 2 days for clearance bargains and, products as set out in clause 15.
12. City Hardware’s liability
12.1 In its dealings with Business Customers, City Hardware shall under no circumstances be liable for any consequential or indirect damage or loss, however caused, including (but not restricted to) loss of business or profits, loss of goodwill, damage to trading relationships loss of data and other financial loss. (“Financial loss” in this sense does not refer to the price you have paid for the goods, which we may be liable to refund to you, in whole or in part, if the goods are faulty or do not comply with their description). City Hardware’s liability in respect of all other losses shall be limited to the invoiced amount of the relevant order.
12.2 Nothing in this agreement shall limit City Hardware’s liability for death or personal injury caused by its negligence.
13. Health and Safety
13.1 City Hardware confirms that the goods it supplies as a distributor do not present a hazard to health and safety when (i) properly used for the purpose for which they are designed; and (ii) if the Customer takes reasonable and normal precautions in their use.
14. Force Majeure
14.1 Where, in spite of its reasonable efforts, City Hardware is unable to perform an obligation due to circumstances beyond its reasonable control, it shall
not be deemed to be in breach of its contract with the Customer.
15. Special Rules for Clearance Bargains & Non-Current Catalogue Requests (‘NCCR’) Products
15.1 Please note that special terms apply to Consumers who wish to return goods, which prevail over the provisions of this Clause 15. Customers who are Consumers are referred to Clause 16.
15.2 Goods sold as ‘Clearance Sales’ are downgraded goods that City Hardware is able to offer at a discount on the normal price. Stocks of goods offered as Clearance Bargains are limited and such goods are sold subject to the following special rules. These special rules apply in addition to, and in the event of any conflict override, all of City Hardware’s other terms and conditions, except those terms and conditions specifically covering Consumers.
15.3 Clearance Sales are graded according to the condition of the goods, which is described at the point of sale. The length of the guarantee (if any), with the benefit of which the goods are sold, is specified in the description of the relevant grade.
15.4 Clearance Sales, by their very nature, have limited availability. Upon receipt of an order for Clearance Sales, City Hardware will check stock availability. Until stock availability is confirmed to the customer, a contract for sale will not be created and no payment will be debited from the customer.
15.5 All goods sold by City Hardware as ‘Non-current catalogue requests’ (‘NCCR’) or ‘Specials’ are sold subject to the following special rules that apply in addition to City Hardware’s other terms and conditions.
15.6 Products are non-returnable unless we have made an error or the goods are faulty;
15.7 Quoted prices are valid for 14 days only, and
15.8 Quoted prices are not subject to value, cash or volume discounts.
16. The Consumer Protection Regulations
16.1 Contracts for the purchase of goods by a Customer not acting in the course of a business and made over the telephone or through the City Hardware website or telephone, are, with the exception of certain excepted contracts, subject to The Consumer Protection Regulations (‘the
Regulations’).
16.2 If the Regulations apply, Customers may cancel goods purchased from City Hardware by sending a written notice of cancellation by post or hand delivery addressed to Customer Services City Hardware, the Netherlands or by e-mail to info@city-hardware.com
16.3 The notice of cancellation must be delivered within 7 working days of the day after date of delivery of the goods.
16.4 The Customer will be responsible for the cost of returning the goods if he or she exercises this right of cancellation under the Regulations. If the Customer does not actually return the goods to City Hardware, the Customer is under a duty to make the goods available for collection at the Customer’s expense from the address to which they were delivered.
16.5 The Customer is under a duty to retain possession of the goods whilst awaiting return to City Hardware and to take reasonable care of them during this period. The Customer will be liable for any loss of or damage to the goods if he or she fails to comply with this obligation.
17. Errors and Omissions
17.1 City Hardware makes every effort to ensure that all prices and descriptions quoted in its catalogue and on its website are correct and accurate. However, the frenetic tempo of e-commerce makes it inevitable that mistakes will occasionally occur. In the case of a manifest error or omission, City Hardware will be entitled to rescind the contract, notwithstanding that it has already accepted the Customer’s order and/or received payment from the Customer.
City Hardware’s liability in that event will be limited to the return of any money the Customer has paid in respect of the order. In the case of a manifest error in relation to price, the Customer will be entitled to purchase the goods by paying the difference between the quoted price and the correct price, as confirmed in writing by City Hardware after the manifest error has been discovered.
17.2 A ‘manifest error’, as the term is used in sub-paragraph 17.1 above, means, in relation to an incorrect price, a price quoted in error by City Hardware which is more than 10% less than the price that would have been quoted had the mistake not been made.
18. Sale and Purchase
18.1 City Hardware shall sell and the Customer shall purchase such quantities of the Products as may be ordered by the Customer using Open Online, upon these Terms and Conditions.
19. Obligations of the Customer
19.1 The Customer will appoint the Open Online “Administrator” named on the Open Online authorisation form.
19.2 The Administrator shall be the person responsible for the use of the Open Online on behalf of the Customer.
19.3 The Customer may change the person appointed to be the Administrator, either by using the on-line facility or by informing City Hardware in writing of the new identity of the Administrator.
19.4 The Customer shall ensure that they meet all technical requirements of Open Online access and that City Hardware shall not be liable for any losses which result due to technical incompatibilities or system errors.
19.5 The Customer shall take all reasonable steps to ensure that its authorised Administrator and Users shall not pass any user login details to third parties under any circumstances.
20. Obligations of the Administrator
20.1 The Administrator is obliged to carry out the following duties:
20.1.1 Authorisation, approval and access level setting of new and existing Users.
20.1.2 Removal, deletion and amendments of Users who have left the company or are deemed not to be fit to use Open Online on behalf of the Customer for any reason.
20.1.3 Ensuring that all Customer company details held, including but not limited to postal and delivery addresses, are correct.
20.2 The Customer acknowledges that it is solely responsible for the actions of the Administrator and the modifications made of any data.
21. Obligations of the User
21.1 The User must at all times be acting on behalf of the Customer in any actions performed.
21.2 The User shall not pass any security details (such as, but not limited to usernames and passwords) to third parties under any circumstances.
21.3 On ceasing to represent or be employed by the Customer, the User shall not use any supplied login information relating to the Customer for accessing the web shops.
22. Security and Login
22.1 Web shop login credentials comprise of three elements:
22.1.1 The City Hardware Account Number.
22.1.2 The User’s (unique within the Customer) Username (any alphanumeric combination usually the User’s email address).
22.1.3 The User’s secret Password (Any alphanumeric combination).
22.2 The use of the login information indicates proof that the Customer consents to orders and information placed by it or in its name.
22.3 The Customer, the Administrator and the User will use all reasonable endeavours to ensure that the login information, especially the Password, remains confidential.
23. Licence
23.1 City Hardware grants you a non-exclusive licence to use this website subject to these terms and conditions.
23.2 City Hardware may terminate this licence at any time without notice to you.
23.3 Your access and/or use of the website constitute your acceptance of these terms and conditions which apply to all pages on the website and for all entry points into the website.
24. Materials on the Website
24.1 All rights including those in copyright in the content of the website are owned by, licensed to or controlled for these purposes by City Hardware (“the Content”). The Content includes, but is not limited to, the website’s design, layout, look, appearance and graphics. It is protected by intellectual property laws including, but not limited to, copyright and trade mark laws. Accordingly, the Content may not be copied, reproduced, republished, downloaded, posted, broadcasted or transmitted in any way except for your own private non-commercial use. Any other use requires written permission from City Hardware.
24.2 The re-distribution, re-publication, or otherwise making available of the material on these websites to third parties without the prior written consent of City Hardware is prohibited.
24.3 Without limiting the foregoing, no part of the websites may be distributed or copied for any commercial purpose, reproduced, transmitted or stored in any other website or other form of electronic retrieval system without prior written permission from City Hardware.
24.4 Unauthorised use of these websites may give rise to a claim for damages and/or be a criminal offence.
25. Website Information
25.1 The information in these websites are given in good faith and is subject to change without notice. Except to the extent expressly provided in City Hardware sales terms and conditions, if applicable, City Hardware are not responsible for any inaccuracies and (except as set out in clause 6.4) makes no representation and gives no warranty as to its accuracy.
25.2 The information in these websites should not be relied on and do not constitute any form of advice or recommendation. By using these websites you confirm that you have not relied on any such information. Any arrangements made between you and any third party named or referred to on the websites are entirely at your sole risk and responsibility.
25.3 The sales information on these websites are an invitation to treat only and is not intended to be nor should be construed as an offer to enter into a contractual relationship.
26. Linking
26.1 The websites contains links to other websites. Any Content downloaded or otherwise obtained from the websites are obtained at your own risk. City Hardware accept no responsibility or liability for the content of other websites which are not under the strict control of City Hardware . Any link is not intended to be, nor should it be construed as an endorsement of any kind by City Hardware of that other website.
26.2 You may not create a link to these websites from another website or document without City Hardware prior written consent.
27. Liability
27.1 Except to the extent expressly provided in City Hardware’s Terms and Conditions of Sale, if applicable, City Hardware makes no warranty, express or implied, or representation whatsoever regarding the websites or the Content or any advertising, services or products provided through or in connection with the websites.
27.2 City Hardware do not guarantee that use of these websites will be compatible with all hardware and software which may be used by visitors to the sites.
27.3 Except as set out in clause 27.4, City Hardware will be under no liability to you whatsoever whether in contract, tort, (including negligence), breach of statutory duty, restitution or otherwise for any injury, death, damage or direct, indirect or consequential loss (all three of which terms include, without limitation, pure economic loss, loss of profits, loss of business, depletion of goodwill and like loss) howsoever caused arising out of or in connection with the use of this websites or the use, accessing, downloading or relying on any information or other materials contained in these websites, including, without limitation, as a result of any computer virus or any malicious computer code.
27.4 These terms and conditions do not exclude City Hardware’s liability (if any) to you for personal injury or death resulting from City Hardware’s negligence, for fraud or for any matter which it would be illegal for City Hardware to exclude or to attempt to exclude its liability.
28. Privacy
City Hardware’s privacy policy can be seen by going to www.City-Hardware.com/Privacy-Policy . This privacy policy forms part of these terms and conditions.
29. Changes to content of the Websites
29.1 Subject to clause 29.2, City Hardware may change the contents of the websites from time to time in its sole discretion without notice to you.
29.2 City Hardware may vary these terms and conditions from time to time by posting the varied terms and conditions on these websites. If City Hardware make any substantial changes to these terms and conditions, City Hardware will for a reasonable time thereafter take reasonable steps to bring to the attention of visitors to these websites the fact that these terms and conditions have been revised. You are advised to check these terms and conditions from time to time.
30. Viruses
City Hardware do not warrant that the websites or access to them will be error-free or that the websites or the servers that make them available will be free of viruses or bugs or other malicious code.
31. User Conduct – Security
31.1 You agree not to:
31.1.1 disrupt or interfere with the security of, or otherwise abuse, the websites, or any services, system resources, accounts, servers or networks connected to or accessible through the websites or affiliated or linked websites;
31.1.2 disrupt or interfere with any other user’s enjoyment of the websites or affiliated or linked websites; and
31.1.3 transmit through websites spam, chain letters, junk mail or any other type of unsolicited mass email to people or entities who have not agreed to be part of such mailing.
31.1.4 you agree that you will not upload or attempt to upload, post or otherwise transmit on the websites any Content of any sort including without limitation any defamatory, obscene or unlawful content or content which would otherwise infringe any third party rights or be likely to cause offence.
31.2 You agree to indemnify and hold harmless City Hardware for any breach by you of these obligations as set out under this Clause 31.
31.3 City Hardware will issue existing account holders with a valid user name and password for use on the websites to view their account information. You are responsible for your user name and password. An account holders user name and password are for the account holders use only and may not be shared with or disclosed to anyone else.
31.4 Once you become an account holder, you agree not to use the user name or password of any other account holder or permit any other account holder to use your user name and/or password at any time. You agree to notify City Hardware immediately by telephoning the IT Manager or info@city-hardware.com if you know or have any reason to suspect that the security of your user name and/or password has been breached.
32. Severance
If any of these Terms and Conditions should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any jurisdiction in which these Terms and Conditions are intended to be effective, then to the extent and within the jurisdiction which that Term or Condition is illegal, invalid or unenforceable it shall be severed and deleted from these Terms and Conditions and the resultant Terms and Conditions shall remain in full force and effect.
33. General
33.1 Nothing in these terms and conditions affects your statutory rights as a Consumer.
33.2 If any provision in this Agreement is held to be invalid or unenforceable, it shall be deemed severed from the Agreement and this shall not affect the validity or enforceability of the remaining provisions.
33.3 Any waiver of a breach of this Agreement must be in writing.
33.4 Any variation of this Agreement must be in writing and signed by a duly authorized City Hardware official.
33.5 The headings are for convenience only and shall not affect the interpretation of this Agreement.
33.6 Any notices given under this Agreement shall be in writing and sent (i) by first class pre-paid post to the last known address of the party; or (ii) by fax to their last known fax number; or (iii) by e-mail to the last notified e-mail address of the party.
33.7 These terms and conditions shall be governed by and construed in accordance with the laws of the Netherlands and the parties submit to the exclusive jurisdiction of the Dutch courts in respect of any matter arising in connection with these Terms and Conditions and/or these websites. These website are controlled and operated by City Hardware from its offices in EU.