Terms & Conditions

Terms & Conditions

The following Terms and Conditions of Use Agreement governs your use of our web site. It is vitally important that you read the Terms carefully, as your use of the web site will automatically constitute your agreement to be legally bound by the terms and conditions set out herein. These Terms also govern your use or purchase of the products/services provided through or in connection with the web site. Each time you use our services, you acknowledge that you have read these Terms and agree to be legally bound by them. If you do not agree to be bound by these Terms, you may not use the web site or the services provided by TheCloud9 through its web site.

Description and price of goods

We have taken care to describe and show items as accurately as possible. Despite this, slight variations in items may occur. If there is anything which you do not understand, or if you wish to obtain further information, please contact our Customer Services team on 0800 9996996.

Product images are for illustrative purposes only and may differ from the actual product.

We make every effort to ensure that the pricing displayed on our website is correct. However, if an error in the pricing of a product is found we reserve the right to either cancel your order or contact you to arrange payment of any extra sum due or refund any over-payment made by you (as applicable). We reserve the right to alter all product pricing without notice.

All prices include VAT (where applicable) at the current rates. We reserve the right to express the price exclusive of VAT, but we shall show VAT separately and include it in the total price.
Where we charge separately for packing, carriage and insurance and other relevant charges, the appropriate rates are set out in our specified pricing structure shown elsewhere on this Website.

Placing an order

You are deemed to place an order with us by ordering via our online checkout process. As part of our checkout process you will be given the opportunity to check your order and to correct any errors. We will send you an order acknowledgement, detailing the products you have ordered.

The contract is subject to your right of cancellation (see below).

Any order placed by you for goods advertised on our website is an offer by you to purchase the goods selected in your order. No contract exists between you and us for the sale of any goods until we have received your order and accepted it (which we may do at our discretion). Our acceptance of an order takes place when we despatch the order or send you confirmation by email even if your payment has been processed immediately.

We may refuse in our discretion to accept an order:

(a) where we cannot obtain authorisation for your payment;
(b) if there has been a pricing or product description error; or
(c) if you do not meet any eligibility criteria set out in our terms and conditions.
(d) where goods ordered by you are not available;
(e) if we do not deliver to your area;

Where we do not accept your order but have processed your payment, we will re-credit your account with any amount deducted by us from your debit or credit card as soon as possible, but in any event within 30 days of your order. We will not be obliged to pay any additional amount as compensation for disappointment.

You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site. The importation or exportation of certain of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.

ALL items are sold subject to manufacturer’s warranty; all goods are covered by a 12 month return to base warranty at your own cost. The warranty does not cover misuse/accidental or otherwise damage to goods. Where manufacturers are offering extra warranties you must register the product within 28 days to obtain the extra manufacturers guarantee cover.

Delivery

The price shown on the website excludes delivery and shipping is quoted separately.

Once TheCloud9 Ltd has received your order, we will contact you within 48 hours to arrange a convenient delivery date. Unfortunately, we are unable to arrange timed deliveries. We aim to deliver your order within 7-10 working days (but often quicker), subject to availability. We will endeavour to meet our quoted delivery times but cannot be held liable in any way for failure to do so.

Upon receipt of your order you will be asked to sign for the goods received in good condition. If the package does not appear to be in good condition, then please refuse the delivery. Claims for damage cannot be accepted where the recipient has signed for receipt of product/s in good condition. If there is any damage, TheCloud9 Ltd must be contacted at the time of delivery on 0800 999 6996 and our customer services team will advise you on the course of action.

Availability

All orders are accepted subject to stock availability. If the product/s ordered are out of stock, we will contact you within 7 days from the day after your order was placed. If the product/s are due back into stock, we will propose a new delivery date or, with your agreement, we will offer you a substitute product/s. If we have received payment from you for a product out of stock, or you do not wish to wait for product to become available, and/or decline our offer of a substitute, we will refund any monies due within 7 days of receiving your instructions.

Right to Cancel

You have a right to cancel your order at any time up to 7 working days after the day of delivery. If you do wish to cancel your order, there will be a £10 administration fee to pay. Please call our customer services department, should you change your mind on 0800 9996996.

Provided the goods are returned in perfect packaged condition, un-used, we will issue a refund within 7 days of receiving the product back. In these circumstances, return of the product is at your cost and should be returned safely in the original shipping carton and with all packaging materials.

When the product is received, (and reliant on passing inspection), you will receive credit for the value of your original order, (minus TheCloud9 Ltd delivery charges and not including your return delivery costs).

Faulty Product, Damaged, or Dead on Arrival

Please note that any Products returned to us which you claim to be defective will be checked and verified by our technicians. Any returned Products that are not found to be defective will be returned to you and we shall charge you for the returned transport costs via your original payment method or hold the Product until full payment has been received by us for the return transport costs.

If you notify a problem to us under this condition, our only obligation will be, at your option:

(a) to make good any shortage or non-delivery;
(b) to replace or repair any goods that are damaged or defective; or
(c) to refund to you the amount paid by you for the goods in question in whatever way we choose.

Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) how so ever arising out of any problem you notify to us under this condition and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question as above.

In the unlikely event of your goods being delivered faulty you must contact us within 7 days following the delivery of your goods. If the goods are damaged or there are any missing accessories you must contact us within 72 hours of the date of delivery to arrange a replacement, this applies to goods that were not inspected at the time of delivery.

No claims shall be accepted for damage or accessories missing on goods that have been opened and inspected on delivery and signed for in perfect condition with all accessories.

Goods mishandled or if any accessories are missing cannot be exchanged or credited.

Please note returns must be in original packaging including all accessories.

Liability

TheCloud9 Ltd may modify, suspend, discontinue or restrict the use of any portion of the TheCloud9 Ltd web site, including the availability of any portion of the content at any time, without notice or liability.

While we endeavour to ensure that this Website is normally available 24 hours a day, we will not be liable if for any reason this Website is unavailable at any time or for any period. Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.

In no event (including our own negligence) will we be liable for any:

(a) economic losses (including, without limit, loss of revenues, profits, contracts, business or anticipated savings);
(b) loss of goodwill or reputation;
(c) special, indirect or consequential losses;
(d) damage to or loss of data (even if we have been advised of the possibility of such losses).

Nothing in these terms and conditions shall exclude or limit our liability for (i) death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977); (ii) fraud; (iii) misrepresentation as to a fundamental matter; or (iv) any liability which cannot be excluded or limited under applicable law.