Terms & Conditions
Shark Performance Limited
WEBSITE terms and conditions of sale TO CONSUMERS
In order to protect your interests you should read these Conditions carefully before placing an order with us. If you require any changes to these Conditions you should ask us to put these in writing.
1.1 In these Conditions the following expressions have the following meanings unless inconsistent with the context:
these terms and conditions;
any agreement for the sale and purchase of Goods from us to you in accordance with Condition 2.2;
“Cooling Off Period”
means as described in Condition 8.1;
the address for delivery of the Goods within the United Kingdom as set out in the Order Acknowledgment or as may have been agreed between you and us in writing from time to time;
all goods supplied by us to you under the Contract;
“Notice of Cancellation”
any notice of your intention to cancel the Contract provided by you to us in accordance with Condition 8;
written confirmation by us of our acceptance of your order;
the price payable by you for the Goods;
“we”, “us” or “our”
Shark Performance Limited whose principal place of business is Unit6, Mansfield Networkcentre, Concorde Way, Mansfield, Nottinghamshire, NG19 7JZ;
any day from Monday to Friday other than a statutory holiday or public holiday in England; and
“you” or “your”
the person who has accepted these Conditions.
1.2 References to any statute or statutory provision include, unless the context otherwise requires, a reference to the statute or statutory provision as modified or re-enacted and in force from time to time and any subordinate legislation made from time to time under the relevant statute or statutory provision.
1.3 References to persons include natural persons, firms, partnerships, companies, corporations, associations and organisations (in each case whether or not having separate legal personality).
1.4 Words in the singular include the plural and words in the plural include the singular.
1.5 Any reference to “writing” includes communications by post, facsimile and e-mail but excludes text messages.
1.6 The headings to Conditions do not affect the meaning interpretation of these Conditions.
1.7 Any phrase introduced by the term “include”, “including”, “in particular” or any similar expression is illustrative and does not limit the sense of the words preceding that term.
2. Basis of Contract
2.1 These Conditions shall apply to the sale by us of all Goods purchased by you.
2.2 Each Contract shall be made when we issue an Order Acknowledgement to you by e-mail and not before.
2.3 We shall not be responsible for any promises or claims concerning the Goods which are not made by us, our employees or agents.
2.4 Any error or omission in any information or document issued by us shall be liable to correction provided that such correction does not materially affect the Contract.
2.5 We may, from time to time and without notice, change the Goods in order to comply with any applicable statutory requirements provided that such changes do not materially affect the nature or the Price of the Goods.
2.6 If Goods ordered by you are not available we shall contact you and offer you the option of either ordering alternative Goods or cancelling your order. In the event that we are unable to contact you within 20 Working Days the Contract will be deemed cancelled and any sums you have already paid to us in respect of the Goods shall be refunded to you.
3.1 The Price to be paid by you is that displayed on the Site as at the time when your order is received by us.
3.2 In the event that we discover a genuine error in the Price for the Goods ordered by you as displayed on the Site, we shall notify you as soon as possible providing you the option of either reconfirming the order at the correct Price or cancelling the order. If we are unable to contact you for the purposes of this Condition 3.2 within 10 Working Days or if you fail to either reconfirm or cancel the order within this period, your order shall be deemed cancelled and where you have already made payment for the Goods this shall be refunded to you in full.
3.3 All Prices are quoted inclusive of VAT.
3.4 The Price is exclusive of the costs of delivery the costs of which shall be charged in addition to the Price and will be as displayed on the Site at the time your order is received by us.
4.1 Payment for the Goods shall be due either:
4.1.1 by PayPal or WorldPay at the time of order placement;
4.1.2 by bank transfer or cheque; or
4.1.3 as otherwise agreed by us in writing
and payment will not be deemed payment for the Goods unless and until it is received by us in full and in cleared funds.
4.2 Unless due to our fault, if payment for the Goods has not been received in full and in cleared funds within 7 Working Days of order placement we shall be entitled at our option and without liability to you to cancel your order by notice to you in writing.
4.3 Payments for Goods shall only be accepted in sterling. Unless otherwise agreed in writing any payment received from you in any other currency will not be deemed to be payment for the Goods in question.
5.1 The packaging of the Goods shall be entirely at our discretion. We shall have the right to pack all the Goods in such manner and in such quantities as we think fit and we shall not be obliged to comply with any packaging requests or instructions from you.
6.1 The Goods shall be delivered when they are delivered to the Delivery Address.
6.2 We shall reasonably endeavour to deliver the Goods on any date(s) set out in the Order Acknowledgement if no delivery date is specified, then within 30 days of the date of the Order Acknowledgement (“the Anticipated Delivery Date”), but we shall not be held responsible for any delays in delivery caused by circumstances beyond our reasonable control. If delivery is delayed for more than 30 days you shall be entitled to cancel the Contract and recover your reasonable losses from us.
6.3 We shall have the right to deliver Goods in instalments.
6.4 If you fail to accept any delivery of the Goods, unless this is due to our fault, we shall be entitled to store the Goods until actual delivery and charge you for the reasonable costs of storage (including insurance) and redelivery.
6.5 Unless we agree to a longer time period in writing you must advise us of any damage to the Goods which is apparent on delivery or any shortage of the Goods in writing within 3 Working Days following delivery.
6.6 On delivery it is your responsibility to ensure that the total number of packages signed for is the same as the number of packages delivered.
6.7 All persons at the Delivery Address shall be deemed to have authority to sign any delivery note issued with the Goods, which once signed shall be conclusive evidence that delivery has taken place.
7. Risk and Title of Goods
7.1 Risk of damage to or loss of the Goods shall pass to you:
7.1.1 at the time of delivery to the Delivery Address; or
7.1.2 if you wrongfully fail to take delivery then risk shall pass to you at the time when we have tendered delivery of the Goods, but you shall not be responsible for any damage to the Goods caused by our negligence.
7.2 Ownership of the Goods shall pass to you on delivery.
8.1 Unless the Goods have been personalised or otherwise made to your specification you may cancel the Contract at any time after you place your order to 7 Working Days from the day following delivery of the Goods (“Cooling Off Period”).
8.2 If you wish to cancel the Contract you must:
8.2.1 provide us with a Notice of Cancellation;
8.2.2 return the Goods at your own expense to us at 6 Mansfield Networkcentre, Concorde Way, Mansfield, Nottinghamshire, NG19 7JZ; and
8.2.3 keep the Goods in your possession and take reasonable care of them before you return them to us.
8.3 If you cancel the Contract during the Cooling Off Period, we will, subject to Condition 8.4, refund the Price paid for the Goods in full, within 30 days from the date of your Notice of Cancellation.
8.4 Where you fail to return the Goods to us or where you return the Goods at our expense we shall, where appropriate, be entitled to make our own arrangements for collection of the Goods and shall in either case be entitled to deduct the direct costs of collection or return from any refund due to you under Condition 8.3.
8.5 Where you fail to:
8.5.1 take reasonable care of the Goods; or
8.5.2 take reasonable care to ensure that we receive the Goods and to see that they are not damaged in transit
8.6 we may take legal proceedings to recover any damages, costs or other expenses which we incur as a result.
8.7 Contracts may only be cancelled outside of the Cooling Off Period with our agreement and on the basis that you will pay to us a sum equivalent to any damages, charges and expenses reasonably incurred by us as a result of the cancellation.
9. Complaints, Warranties and the Return of Goods
9.1 We warrant to you that any Goods purchased from us through our site will, on delivery, be free from material defects in materials or workmanship.
9.2 If you make a claim of damaged or defective Goods under the warranty provided at Condition 9.1 we ask that:
9.2.1 you tell us about any fault or damage as soon as is reasonably possible; and
9.2.2 you give us a reasonable opportunity to inspect the Goods in the same condition as they were after discovery of the defect and at our option either return the Goods to us at your cost, or alternatively allow us to collect the Goods, for examination to take place at our premises. The reasonable cost of packaging and carriage of Goods returned by you will be reimbursed by us if the Goods are found to be damaged or defective and you shall be liable to pay us for any reasonable costs incurred by us collecting Goods found not to be defective.
9.3 Where you have a valid claim in respect of the Goods we shall be entitled to:
9.3.1 replace the Goods (or the part in question) found to be defective at our cost; or
9.3.2 at our option refund to you the Price (or a proportionate part of the Price) of the relevant part of the Goods found not to conform to warranty.
9.4 For the purposes of Condition 9.2.1 we ask you to examine the Goods as soon as is reasonably possible after delivery.
9.5 Subject as expressly provided in these Conditions, all warranties conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law. This Condition 9.5 shall not affect your statutory rights as a consumer.
10.1 Nothing in these Conditions excludes or limits our liability for negligence.
10.2 Subject to Condition 10.1 we shall not be liable for any losses under the Contract which:
10.2.1 were not foreseeable to us at the time when the Contract was made;
10.2.2 relate to any business undertaken by you; and/or
10.2.3 were not caused by any breach of the Contract by us, our agents or employees.
11. Force Majeure
11.1 We shall be not liable to you or deemed to be in breach of this Contract by reason of any delay in performing, or any failure to perform, any of our obligations in relation to the Contract, if the delay or failure was due to any cause beyond our reasonable control such as (but without limitation) any strike, lock-out or other form of industrial action, failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or government order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of supplier or sub-contractors or inability to obtain materials required for performance of the Contract.
12.1 We may assign the Contract or any part of it to any person.
12.2 You shall not be entitled to assign the Contract or any part of it without our prior written consent which we shall not refuse to give without good reason.
13. Third party rights
13.1 A person who is not a party to the Contract will not have any rights under or in connection with it by virtue of the Contracts (Rights of Third Parties) Act 1999.
14.1 If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions shall remain in full force and effect.
15.1 If either you or us fail or delay or compromise in exercising a right or remedy under the Contract, the right or remedy is not to be treated as having been waived, restricted or varied and any agreement by either you or us to refrain from exercising a right in one particular instance will not prevent you or us from exercising it in full in the future.
16. Cumulative remedies
16.1 All rights and remedies available to either you or us under the terms of the Contract or under the general law are to be cumulative, and no exercise by either you or us of any such right or remedy is to restrict or prejudice the exercise of any other right or remedy granted by the Contract or otherwise available to you or us.
17. Governing law and jurisdiction
17.1 The Contract shall be governed by the laws of England and Wales and any court proceedings in relation to the Contract are to be brought in the English Courts.
Synergy House, 5 Acorn Business Park, Commercial Gate, Mansfield NG18 1EX