Website Terms of Use

1. SCOPE

1.1         Welcome to the "small-appliances-uk.haier-europe.com" website, the official online shop of HAIER SMART HOME UK & I LTD (hereafter the “Site”), part of the Candy Hoover Group (CHG)

1.2         These Terms and Conditions of Use (hereinafter the "Terms of Use") apply to your use of this website (hereinafter the "Site") that is owned by Hoover Limited who are a limited company registered in England and Wales under company number 02521528 with registered office at 302 Bridgewater Place, Birchwood Park, Warrington, WA3 5XG. Our VAT no. 482249727.

1.3         By using the Site, you indicate that you have read and accept these Terms of Use and agree to be bound by these Terms of Use. If you do not accept even one of these Terms of Use, please refrain from using the Site. We recommend that you print a copy of these terms for future reference.

1.4         HL reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. If you do not agree with even one of the modified Terms of Use, you must refrain from using the Site immediately, since your continued use of the Site following the posting of changes will mean that you accept and agree to such changes. These terms were most recently updated on 31 March 2021.

 

1. USE OF THE SITE

2.1         The Site is an online platform to allow for the sale of small domestic appliances which CHG are authorised to sell.

2.2         You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service; and

2.3         You should be aware that we reserve the right to remove or modify the contents of the Site at our own discretion with or without notice at any time. We may look to exercise this right to reflect changes to the Site or its use, in accordance with User needs or our business priorities, or to comply with new legal requirements. We accept no responsibility or liability for any reliance by you on the continued availability of any content or resources on the Site.

2.4         You acknowledge that the Site is intended solely for your personal, non-commercial use. You must not use or allow others to access or use, all or any part of our Site or the contents and/or applications on it for commercial purposes without our permission.

2.5         We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

2.6         Our site is directed to people residing in the United Kingdom. We do not represent that content available on or through our site is appropriate for use or available in other locations

 

1. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS

3.1         By accepting this Terms of Use, you acknowledge that the Site, as well as the related intellectual or industrial property right (including copyrights, trademarks and logos, patents and trade secrets) are and shall remain the exclusive property of CHG and you are obliged to their preservation.

3.2         All content, information, documents, and materials available on or through the Site (including, but not limited to, trademarks of any type, including unregistered ones, logos, photographs, images, drawings, videos, sound recordings, technical drawings, technical documents, databases, tables, texts, slogans and, in general, any other material contained in the Site, the aesthetic form, layout, interfaces, organizational structure, the Site code and the software with which the Site is made or of which it is composed.) are protected by intellectual and industrial property rights of CHG or other Haier Group’s companies or third parties that have granted CHG the license to use them.

3.3         It is absolutely forbidden to download, copy, modify, distribute, transmit, display, reproduce, publish, post, upload, license, create derivative works from, transfer, or sell any part of the Site or its content for commercial purposes.

 

1. MAINTENANCE OF THE SITE

4.1         You acknowledge and agree that from time to time we may need to:

• fix defects and errors in the Site;
• install updates and undertake general diagnosis and maintenance of the Site; and
• undertake emergency maintenance and/or suspend access to the servers and that as a result of which the Site may be less accessible or unavailable to you from time to time.

If we look to action any of the above, we will aim to provide you with notice where possible.

 

1. ILLEGAL USE OF THE SITE

5.1         You declare and guarantee that you will not use the Site:

(i) contrary to these Terms of Use or to applicable laws and regulations, or in a way that causes, or may cause, harm to any person or business entity;

(ii) in such a way as to cause, or to be able to cause, interruptions, damages or malfunctions to the Site itself;

(iii) to carry out unlawful acts or fraudulent activities;

(iv) to violate the intellectual and industrial property rights, including copyright and domain name, of CHG or third parties;

(v) to engage in any advertising or marketing.

5.2         If, for any reason, we believe that you have not complied with this Terms of Use, we reserve the right to prevent, permanently or temporarily, your access to the Site or to the registration areas of this Site, without prior notice.

5.3         You warrant that any of you actions that do not comply with the requirements and standards set out in these Terms, you will be liable to us and indemnify us for any breach. This means you will be responsible for any loss or damage we suffer as a result of your non-compliance.

 

1. PROCESSING OF PERSONAL DATA AND COOKIES

6.1         HL may collect and process personal and non-personal data through your use of the Site. For more information about the processing of your personal data, please see our Privacy Policy.

6.2         HL uses cookies on this Site in accordance with applicable law, as specified in the Cookie Policy.

 

1. LINKS TO THIRD PARTY SITE

7.1         The Site may contain links to sites, pages, applications owned or controlled by third parties. CHG does not guarantee the operation of such links, nor their functionality, nor that such sites, pages and applications of third parties will be accessible. We have no control over the contents of those sites or resources.

7.2         CHG assumes no responsibility in relation to third party sites and does not guarantee their content. Any links to third party sites and references to information, products or services of third parties linked to the Site do not represent and cannot be interpreted in any way as approval or affiliation of the same by CHG, even when they are referable, in whole or in part, to CHG. CHG hereby disclaims all liability for all information, materials, products or services posted, offered or that may be accessed at any of the third-party sites linked to this Site.

7.3         Without prejudice to the provisions of points 4, you must not to make links to, transpose, share the pages of this Site, on any platform including through social networks. This is without prejudice to the rights granted by HL to specific users by virtue of separate agreements between them.

 

1. LIABILITY AND GUARANTEE

8.1         You expressly acknowledge and agree that the Site is provided to you on an "as is" and “as available” basis. Unless explicitly stated otherwise in these Terms of Use and save for what expressly provided by the applicable laws, including consumer protection laws, and in particular save for the cases of gross negligence and willful misconduct, CHG makes no representations, warranties or endorsements of any kind whatsoever, express or implied, as to the Site, including, but not limited to, the implied warranties and/or conditions of satisfactory quality, of merchantability, of suitability for a particular purpose, of accuracy, and non-infringement of third party rights and any warranty that the Site shall be error free or that defects in the Site will be corrected. In any case CHG cannot warrant that the Site is accessible without interruptions or temporary impairment in their functionality, nor that any files or other data you download from the Site will be free of viruses or contamination or destructive features.

Additionally, CHG does not guarantee that the information contained in this Site are accurate, precise and correspond to the truth; in any case, nothing contained on this Site shall be construed as providing consult or advice to you.

8.2         CHG's liability to you is limited to the scope of these Terms of Use. Unless in case of willful misconduct or gross negligence or other cases expressly provided for by mandatory law, including consumer protection law, CHG (or any of the other companies belonging to the Haier Group) shall be liable only for direct and foreseeable damages, thus excluding, as a mere example, any indirect, contingent, consequential or incidental damages, however caused or arising (whether actual or anticipated), for any loss of revenue, corruption or loss of data, loss of profit, loss of production, of savings, of investment, of contract, of opportunity, failure to receive or transmit any data or information, arising out of or related to your use or inability to use the Site, whether arising out of breach of the Terms of Use, other contract, warranty, tort (including ordinary negligence), indemnity or strict liability and whether or not the parties have been advised in advance of the possibility, existence or nature of such damages.

8.3         You are aware that no claims for damages can be made against HL resulting from your negligent, unauthorized or illegal security mechanisms, especially within your own LAN (Local Area Network) or mobile device, or as a consequence of you using the Site contrary to the terms of this Terms of Use.

8.4         For the sake of clarity, if you are a consumer, the limitations to HL liability and the limitations to your rights set forth above are not intended to exclude, limit or suspend any legal rights and warranties granted by the applicable mandatory consumer protection laws.

8.5         Please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

 

1. APPLICABLE LAW AND JURISDICTION

9.1         Any matter that arises out of your use of this Website (including any contact entered between you and CHG through Website), shall be governed by the law of England and Wales and any disputes shall be subject to the exclusive jurisdiction of the court of England and Wales except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland. All contracts shall be concluded in English.

9.2         If you have any concerns or complaints in relation to your use of our Website, please contact us in the first instance using the contract form on the Site.

9.3         If your complaint remains unresolved after you have exhausted our internal complaint process, we will write to you with the name and web address of a certified ADR provider, who is listed on the Chartered Trading Standards Institute website and who is able to assist in resolving disputes relating to our Products and Services.

When we provide you with the details of a certified ADR provider, we will confirm to you whether we are willing to use ADR to resolve your complaint.

 

1. CONTACTING US

10.1       If you suspect misuse of the Site or if you consider your intellectual property has been unlawfully featured on the Site, you can contact us on the Site via the contact form.

 

1. FINAL PROVISIONS

11.1       These Terms of Use and any other documents incorporated by reference constitute the entire agreement and understanding between the parties with respect to the subject matter of these Terms of Use, and they replace any and all prior written or verbal agreements.

11.2       In the event of invalidity or ineffectiveness of individual provisions of these Terms of Use, the effectiveness of other provisions remains unaffected. Invalid or ineffective provisions shall be replaced by effective terms that best approximate the economic purpose of the ineffective or invalid terms.