Terms & Conditions

Privacy policy

This privacy policy applies between you, the User of this Website and The Cloud Den, the owner and provider of this Website. The Cloud Den takes the privacy of your information very seriously. This privacy policy applies to our use of any and all Data collected by us or provided by you in relation to your use of the Website. Please read this privacy policy carefully.

Definitions and interpretation

In this privacy policy, the following definitions are used:

Data: collectively all information that you submit to The Cloud Den via the Website. This definition incorporates, where applicable, the definitions provided in the Data Protection Act 1998;

We or us: The Cloud Den

User or you: any third party that accesses the Website and is not either (i) employed by The Cloud Den and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to The Cloud Den and accessing the Website in connection with the provision of such services; and

Website: the website that you are currently using, https://www.thecloudden.co.uk, and any sub-domains of this site unless expressly excluded by their own terms and conditions.

In this privacy policy, unless the context requires a different interpretation:

  • the singular includes the plural and vice versa;
  • references to sub-clauses, clauses, schedules or appendices are to sub-clauses, clauses, schedules or appendices of this privacy policy;
  • a reference to a person includes firms, companies, government entities, trusts and partnerships;
  • "including" is understood to mean "including without limitation";
  • reference to any statutory provision includes any modification or amendment of it;
  • the headings and sub-headings do not form part of this privacy policy.

Scope of this privacy policy

This privacy policy applies only to the actions of The Cloud Den and Users with respect to this Website. It does not extend to any websites that can be accessed from this Website including, but not limited to, any links we may provide to social media websites.

Data collected

We may collect the following Data, which includes personal Data, from you:

  • Name
  • Contact Information such as email addresses and telephone numbers;
  • IP address (automatically collected);

in each case, in accordance with this privacy policy.

Our use if cookies

Necessary cookies

We use necessary cookies to make our site work and enable core functionality such as security, network management, and accessibility. You may disable these by changing your browser settings, but this may affect how the website functions.

Analytical cookies

We may choose to use analytical cookies to help us provide you with the best possible experience by collecting and reporting information on how the website is used. The cookies collect information in a way that does not directly identify anyone. If you prefer not to allow us to accept these cookies you can adjust permissions by clicking the cookie symbol at the bottom lefy corner of this page.

 

Our use of Data

 

For purposes of the Data Protection Act 1998, The Cloud Den is the "data controller".

We will retain any Data you submit for an unlimited period.

Unless we are obliged or permitted by law to do so, and subject to any third party disclosures specifically set out in this policy, your Data will not be disclosed to third parties. This our affiliates and / or other companies within our group.

All personal Data is stored securely in accordance with the principles of the Data Protection Act 1998. For more details on security see the clause below (Security).

Any or all of the above Data may be required by us from time to time in order to provide you with the best possible service and experience when using our Website. Specifically, Data may be used by us for the following reasons:

  • internal record keeping;
  • transmission by email of promotional materials that may be of interest to you;

in each case, in accordance with this privacy policy.

Third party websites and services

The Cloud Den may, from time to time, employ the services of other parties for dealing with certain processes necessary for the operation of the Website. The providers of such services have access to certain personal Data provided by Users of this Website.

Links to other websites

This Website may, from time to time, provide links to other websites. We have no control over such websites and are not responsible for the content of these websites. This privacy policy does not extend to your use of such websites. You are advised to read the privacy policy or statement of other websites prior to using them.

Changes of business ownership and control

1. The Cloud Den may, from time to time, expand or reduce our business and this may involve the sale and/or the transfer of control of all or part of The Cloud Den. Data provided by Users will, where it is relevant to any part of our business so transferred, be transferred along with that part and the new owner or newly controlling party will, under the terms of this privacy policy, be permitted to use the Data for the purposes for which it was originally supplied to us.

We may also disclose Data to a prospective purchaser of our business or any part of it.

In the above instances, we will take steps with the aim of ensuring your privacy is protected.

Controlling use of your Data

Wherever you are required to submit Data, you will be given options to restrict our use of that Data. This may include the following:

  • use of Data for direct marketing purposes;
  • sharing Data with third parties.

Functionality of the Website

To use all features and functions available on the Website, you may be required to submit certain Data.

Accessing your own Data

You have the right to ask for a copy of any of your personal Data held by The Cloud Den (where such Data is held) on payment of a small fee, which will not exceed £10.

Security

Data security is of great importance to The Cloud Den and to protect your Data we have put in place suitable physical, electronic and managerial procedures to safeguard and secure Data collected via this Website.

If password access is required for certain parts of the Website, you are responsible for keeping this password confidential.

We endeavour to do our best to protect your personal Data. However, transmission of information over the internet is not entirely secure and is done at your own risk. We cannot ensure the security of your Data transmitted to the Website.

Transfers outside the European Economic Area

Data which we collect from you may be stored and processed in and transferred to countries outside of the European Economic Area (EEA). For example, this could occur if our servers are located in a country outside the EEA or one of our service providers is situated in a country outside the EEA. These countries may not have data protection laws equivalent to those in force in the EEA.

If we transfer Data outside the EEA in this way, we will take steps with the aim of ensuring that your privacy rights continue to be protected as outlined in this privacy policy. You expressly agree to such transfers of Data.

General

You may not transfer any of your rights under this privacy policy to any other person. We may transfer our rights under this privacy policy where we reasonably believe your rights will not be affected.

If any court or competent authority finds that any provision of this privacy policy (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of this privacy policy will not be affected.

Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.

This Agreement will be governed by and interpreted according to the law of England and Wales. All disputes arising under the Agreement will be subject to the exclusive jurisdiction of the English and Welsh courts.

Changes to this privacy policy

The Cloud Den reserves the right to change this privacy policy as we may deem necessary from time to time or as may be required by law. Any changes will be immediately posted on the Website and you are deemed to have accepted the terms of the privacy policy on your first use of the Website following the alterations.

You may contact The Cloud Den by email at sean@thecloudden.co.uk.

Terms & Conditions

Acceptance of Terms of Use and Amendments.

Each time you use or cause access to this web site, you agree to be bound by these Terms of Use, as amended from time to time with or without notice to you. In addition, if you are using a particular service on or through this web site, you will be subject to any rules or guidelines applicable to those services and they shall be incorporated by reference into these Terms of Use. Please see our Privacy Policy, which is incorporated into these Terms of Use by reference.

Our Service.

Our web site and services provided to you on and through our web site on an "AS IS" basis. You agree that the owners of this web site exclusively reserve the right and may, at any time and without notice and any liability to you, modify or discontinue this web site and its services or delete the data you provide, whether temporarily or permanently. We shall have no responsibility or liability for the timeliness, deletion, failure to store, inaccuracy, or improper delivery of any data or information.

Your Responsibilities and Registration Obligations.

In order to use this web site, you may be asked to register on our site and agree to provide truthful information when requested. When registering, you explicitly agree to our Terms of Use and as may be modified by us from time to time and available here.

Privacy Policy.

Registration data and other personally identifiable information that we may collect is subject to the terms of our Privacy Policy(see above)

Indemnification.

You agree to indemnify and hold us harmless, our subsidiaries, affiliates, related parties, officers, directors, employees, agents, independent contractors, advertisers, partners, and co-branders from any claim or demand, including reasonable legal fees, that may be made by any third party, that is due to or arising out of your conduct or connection with this web site or service, your violation of this Terms of Use or any other violation of the rights of another person or party.

Limitation of Liability.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSS (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM OR ARISING OUT OF (I) THE USE OF OR THE INABILITY TO USE THE SERVICE, (II) THE COST TO OBTAIN SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM ANY TRANSACTION ENTERED INTO ON THROUGH THE SERVICE, (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA TRANSMISSIONS, (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE, OR (V) ANY OTHER MATTER RELATING TO THE SERVICE.

Reservation of Rights.

We reserve all of our rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets, and any other proprietary right that we may have in our web site, its content, and the goods and services that may be provided. The use of our rights and property requires our prior written consent. We are not providing you with any implied or express licenses or rights by making services available to you and you will have no rights to make any commercial uses of our web site or service without our prior written consent.

Terms of Use

You agree that this Terms of Use and any dispute arising out of your use of this web site or our products or services shall be governed by and construed in accordance with local laws where the headquarters of the owner of this web site is located, without regard to its conflict of law provisions. By registering or using this web site and service you consent .

Consent

By continuing to browse or otherwise accessing the web site, you signal acceptance of the terms and disclaimer set out above. If you do not accept any of these terms, leave this website now.

Refund and returns policy.

All devices and atomizers sold through this website are warrantied against manufacturer defect for up to 14 days, unless stated otherwise in the product owner’s manual (Manufacturer warranties will vary by individual product).  All other products sold through this website are considered, “AS IS”, meaning they are sold with no expressed or implied warranties included.

Customers who experience any issues with products purchased through this website, must contact us by email within 14 days of receiving their order or within the manufacturer’s specified warranty period.  Defective products will not qualify for an RMA (Return Merchandise Authorization) if we are not notified within 14 days, or, before a manufacturer’s warranty period expires.  (14 day product warranty coverage begins the day a package is received by the customer, as indicated by the tracking records provided by the shipping courier.  Manufacturer’s warranty periods start the day an item is purchased by the end user through this website)  Purchases made through this website can not be returned to any of our retail locations and customers must go through our RMA process which is listed below.  In the event a customer returns an item without notifying us first, the package will be refused upon its delivery for the safety of our staff.

RMAs that have been approved, will be inspected and repaired at our facility, or, will be resolved directly by the manufacturer.  Any item returned for repair must be covered under warranty and must not have damage caused by user error.  Products that can not be repaired and are no longer being manufactured, or have been discontinued for sale, will be refunded by THE CLOUD DEN at our discretion. 

For sanitary reasons, and the safety of all of our customers, we DO NOT accept returns for any of these items: clearomizers, cartomizers, bottled liquids, drip tips, batteries, wick, wire or any parts for rebuildables and/or atomizers.  Therefore, our Return Policy EXCLUDES any products that fall into these categories.  The only time an exception will be made is listed below.

Customers who wish to return any item(s) purchased through this website, may do so as long as we are notified before the package is delivered to you.  In cases such as this, the customer must contact us before the order has been delivered and we will give you further instructions on how to proceed.  If an order has already been delivered, the item(s) in that order no longer qualify for a return since we can not verify the contents in the package were not handled by someone other than a Cloud Den employee.  Please be aware that a 15% restocking fee will be deducted against any refund given and any shipping cost paid, is non-refundable once an order has been processed for shipping.  If an order was delivered as stated in the tracking details, products considered, “AS IS” can be returned or exchanged, only if the item(s) being returned or exchanged were damaged during transit by the shipping courier, or, was received DOA (defective on arrival).

All e-liquid sales are final without exception.  Unfortunately, we are unable to offer any kind of replacement or compensation for bottled liquids as taste differ for each individual and how the flavour reflects on their palate.  Taste is subjective, therefore e-liquids that have been opened and/or used can not be exchanged for another flavour or returned.

Some products will have minor blemishes which is expected during manufacturing.  Minor blemishes, nicks, scratches or dents are expected to occur during the manufacturing process to a minor degree.  Issues such as these full under the “AS IS” portion of the sale and do not qualify for a return or exchange.  The only time we will accept a return or exchange for an item, is if the item is defective (non functioning during the warranty period) or damaged from shipping (damaged due to mishandling by the shipping courier).  Customers that try to return cloned or replica items  (items not purchased from us, and not made by the manufacturers we support), will have those items returned to them at their cost, and those customers will no longer be allowed to make any future purchases through this website and the issue will be treated as a fraudulent action.  Items damaged due to user error, misuse or abuse, are NEVER covered under warranty by us, The Cloud Den LTD, or the manufacturer’s of the products we sell. Plier marks, cross threaded fittings, water/liquid damage, etc are considered user error.

RETURN TIME FRAME

Customers who are asked to return items for RMA issues, return for refund, or exchange, must return those items back to us within two weeks (14 days) from the day we approve any RMA, return, or exchange (unless stated otherwise).  Failure to do so, will void your return.  Those packages will be sent back to you, or denied for acceptance during delivery.

REFUND POLICY

Refunds will be issued by The Cloud Den LTD when a returned item has been received in satisfactory and unused condition.  All refunds will be processed within 5 business days once we receive the item(s) back from the original customer.  Refunds will be applied directly to the method that was used to make the purchase.  Refunds will only be given at our discretion.
Usually, refunds can take up to 14 business days to completely process after the refund has been initiated. If you have any questions regarding our return/refund process, feel free to email us at help@thecloudden.co.uk

We check all information on our website very carefully, however, an occasional error may occur, or, manufacturers might update information we are unaware of.  We reserve the right to correct inaccurate information and are not responsible for typographical errors.


First published on Fri 03 04 2020

 

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