Terms of Use

HARDI Service Terms of Use

(updated on February 9, 2022)

 

Ownership of Site; Agreement to Terms of Use

These Terms and Conditions of Use (the “Terms of Use”) apply to the HARDI Service web site located at www.shop.hardi.com (the “Site”). The Site is the property of HARDI Service (“HARDI Service”) whose identity and contact details are specified in the “legal notices” section, and governs all relations between the and any person accessing and implementing the functionalities of this Site (the “User”). BY USING THE SITE, THE USER AGREES TO THESE TERMS OF USE.

These Terms of Use are not general conditions of sales or general conditions of services

They are intended to constitute the rule that any User visiting the Site must respect.

HARDI Service reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is the User responsibility to check these Terms of Use periodically for changes. The User’s continued use of the Site following the posting of changes will mean that the User accepts and agrees to the changes.

Use of the Site

The Use of the Site is reserved for persons who has sufficient legal age and HARDI service reserves the right to request any proof of the age of the User, in particular if the latter uses online ordering services.

This Site can be visit by any person; however, all products and services sold are only intended for professionals within the scope of their commercial, industrial, craft, liberal or agricultural activity, including when he acts in the name or on behalf of another professional and cannot be intended by consumers.

The User undertakes not to use this Site and the information or data contained therein for commercial, political, advertising purposes and for any form of commercial solicitation and in particular the sending of unsolicited e-mails.

The User may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. HARDI Service reserves the right to bar any such activity.

The User may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.

The User may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. The User may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of HARDI Service, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than the User own information, as provided for by the Site.

The User agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.

The User may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of HARDI Service or others.

Access to services of the Site

Access to services open to the public

Certain services of the Site are public: they are open to anyone. The use of these services may require the creation of an account (username and password), depending on the terms of the service concerned.

Access to personal spaces

Spaces on the Site are reserved, in particular for its customers, suppliers, etc. Specific terms and conditions are necessary to access and benefit from a personal space. To know them, the User is invited to go to the corresponding pages of the Site.

Obligations relating to all areas and services of the Site

The username and password required to access spaces and services are personal and strictly confidential. As such, the User must reserve exclusive use thereof. Any action on the Site using the User’s identifiers and/or password is considered to have been carried out by him. The User is solely responsible for the consequences that may result from their communication to third parties. The User undertakes to immediately inform HARDI Service of any unauthorized use of his username and/or password, and more generally of any breach of the security of the Site of which he becomes aware.

Purchases; Other Terms and Conditions

Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Site, including contests, promotions or other similar features, all of which terms are made a part of these Terms of Use by this reference. The User agrees to abide by such other terms and conditions, including where applicable representing that the User 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 the User’s use of that portion of the Site or the specific service.

HARDI Service may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Site with respect to products and services may be out of date, and HARDI Service makes no commitment to update the materials on the Site with respect to such products and services.

Accounts, Passwords and Security

Certain features or services offered on or through the Site may require the User to open an account (including setting up an ID and password). The User is entirely responsible for maintaining the confidentiality of the information he holds for his account, including his password, and for any and all activity that occur under his account as a result of him failing to keep this information secure and confidential. HARDI Service may, but have no obligation to, monitor and review new accounts before the User may sign in and start using the services. Providing false contact information of any kind may result in the termination of the account. The Users agrees to notify HARDI Service immediately of any unauthorized use of his account or password, or any other breach of security.

HARDI Service cannot and will not be liable for any loss or damage arising from the User’s failure to comply with these obligations.

HARDI Service may suspend, disable, or delete the User’s account (or any part thereof) if HARDI Service determine that the User has violated any provision of this Terms of Use or that his conduct or content would tend to damage HARDI Service’s reputation and goodwill. If HARDI Service deletes the User’s account for the foregoing reasons, the User may not re-register for HARDI Service’s services. HARDI Service may block the User’s email address and Internet protocol address to prevent further registration.

Content

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to HARDI Service, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, modified, printed, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without HARDI Service’s express prior written consent. Inclusion of any part of the Site and Contents in another work, whether in printed or electronic or another form or inclusion of any part of the Website and Services on another resource by embedding, framing or otherwise without the express permission of HARDI SERVICE is prohibited.

The fact that HARDI Service does not initiate proceedings upon becoming aware of these unauthorized uses does not constitute acceptance of said uses and waiver of prosecution.

User contributions

Any content, in particular any photo, text, comment, data, graphic or illustration submitted, sent or published on the Site by the User remains under his full responsibility.

The User undertakes in particular to:

Not to publish contributions of an offensive, hateful, racist, xenophobic, sexist, homophobic, revisionist, discriminatory or pornographic nature, not to use the participative functionalities for commercial, political, religious, advertising purposes (non-exhaustive list) and not to publish information inciting, allowing the counterfeiting of works or software, or explaining methods of this nature.

Make sure to be able to justify at any time of any right and authorization required for the reproduction of any text, image, sound, video contained in each of its contributions. The User guarantees HARDI Service to be the holder of all the rights relating to the published content and/or if the content is free of rights the User must indicate the name and source of the publications and/or any third-party writings that he cites or uses.

The User accepts that HARDI Services uses, reproduces, distributes or modifies its content, in particular on its websites and/or those of Group companies, in its annual reports, studies or during public interventions. It is specified that any commercial use of the content made available is excluded.

Privacy

HARDI Service’s Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Use by this reference. To view HARDI Service’s Privacy Policy, click here. Additionally, by using the Site, the User acknowledges and agrees that Internet transmissions are never completely private or secure. The User understand that any message or information he sends to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

Links to Other Sites and to the HARDI Service Site

This Site may contain links to other independent third-party Web sites (“Linked Sites”). These Linked Sites are provided solely as a convenience to HARDI Service’s visitors and do not directly or indirectly any approval, association, sponsorship, endorsement, or affiliation, unless specifically stated herein.

Such Linked Sites are not under HARDI Service’s control, and HARDI Service is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. The User should carefully review the legal statements and other conditions of use of any resource which he accesses through a link on the Site. The User’s linking to any other off-site resources is at his own risk.

Any establishment of any hypertext links to all or part of the Site by the User is strictly prohibited, except with the prior written authorization of HARDI Service, requested by email at the following address: [email protected]

HARDI Service is free to refuse this authorization without having to justify its decision in any way whatsoever. In the event that HARDI Service grants its authorization, this is in any case only temporary and may be withdrawn at any time, without any obligation to provide justification at the expense of HARDI Service.

In all cases, any link must be removed upon simple request from HARDI Service.

Any information accessible via a link to other sites is not under the control of HARDI Service, which declines all responsibility for their content.

Disclaimers

HARDI Service DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT HIS USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. HARDI Service CANNOT ENSURE THAT ANY FILES OR OTHER DATA THE USER DOWNLOADS FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. HARDI Service DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. HARDI Service DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO THE USER’S USE OF THE SITE AND/OR ANY SERVICES. THE USER ASSUMES TOTAL RESPONSIBILITY FOR HIS USE OF THE SITE AND ANY LINKED SITES.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

HARDI Service reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

Limitation of Liability

HARDI Service cannot be held liable in the event of failure, breakdown, difficulty or interruption of operation, preventing access to the Site or to one of its functionalities.

The Site connection equipment used by the User is under his full responsibility. The User must take all appropriate measures to protect his equipment and his own data, in particular from viral attacks via the Internet. The User is also solely responsible for the sites and data he consults.

HARDI Service cannot be held responsible in the event of legal proceedings against the User:

– Due to the use of the Site or any service accessible via the Internet;

– Due to non-compliance by the User with these general conditions.

HARDI Service is not liable for the damage caused to the User, to his equipment and/or to third parties as a result of the connection or use of the Site by the User and the User renounces, for this fact, to any action against HARDI Service.

Indemnity

The User agrees to indemnify and hold HARDI Service, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against HARDI Service by any third party due to or arising out of or in connection with the User uses of the Site.

Violation of These Terms of Use

HARDI Service may disclose any information about the User, if such disclosure is necessary in connection with any investigation or complaint regarding the User’s use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) HARDI Service’s rights or property, or the rights or property of visitors to or users of the Site, including HARDI Service’s customers. HARDI Service reserves the right at all times to disclose any information necessary to comply with any applicable law, regulation, legal process or governmental request.

The User acknowledges and agrees that HARDI Service may preserve any transmittal or communication through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or HARDI Service determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of HARDI Service, its employees, users of or visitors to the Site, and the public.

HARDI Service may, in its sole discretion and without prior notice, terminate the User’s access to the Site and/or block his future access to the Site if HARDI Service determines that the User has violated these Terms of Use or other agreements or guidelines which may be associated with his use of the Site.

HARDI Service may, in its sole discretion and without prior notice, terminate the User’s access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by the User (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.

If HARDI Service does take any legal action against the User as a result of his violation of these Terms of Use, HARDI Service will be entitled to recover from the User, who agrees to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to HARDI Service.

Site management

For the proper management of the Site, HARDI Service may at any time:

• Suspend, interrupt or limit access to all or part of the Site, reserve access to the Site, or to certain parts of the Site, to a specific category of Internet users;
• Delete any information that could disrupt its operation or contravene national or international laws, or the rules of Netiquette;
• Suspend the Site in order to carry out updates.

Personal Data

HARDI Service, as data controller, may be required to collect certain personal data. The data protection policy of HARDI Service is accessible on the Site and informs the User of the way in which the personal data that he may be required to provide is processed, that is to say collected, used, shared, kept or deleted. This policy also details the rights that the User has in this regard and how he can exercise them.

Cookies

To allow Users to benefit from the services offered by the Site such as its consultation, the optimization of its use or its personalization according to the Internet user, the Site uses Cookies. To find out about HARDI Service’s cookie policy, Users are invited to click on the following link https://46.101.103.229/privacy-policy/

Photographs et representation of products

The photographs of products, accompanying their description, are not contractual and do not bind HARDI Service.

Governing Law; Dispute Resolution

The User agrees that all matters relating to his access to or use of the Site, including all disputes, will be governed by the laws of France and subject to the jurisdiction of the courts of Paris (France), subject to a specific attribution of jurisdiction resulting from a particular legal or regulatory text.

Feedback and Information

For any question, information on the products presented on the Site, or concerning the Site itself, the User can contact: ([email protected]).

Any feedback the User provides at this Site shall be deemed to be non-confidential. HARDI Service shall be free to use such information on an unrestricted basis.

The information contained in this web site is subject to change without notice.