Terms of Sale
1. These terms
- What these terms cover. These are the terms and conditions on which we supply products to you.
- Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, what to do if there is a problem and other important information. The only language in which we provide these terms is English.
2. Information about us and how to contact us
- Who we are. We are SharkNinja Europe Ltd a company registered in England and Wales. Our company registration number is 08492819 and our registered office is at 3150 Century Way, Leeds, LS15 8ZB. Our registered VAT number is 210 6248 50.
- How to contact us. You can contact us by telephoning our customer service team at 0800 093 0875 or by writing to us at Customer Services, 3150 Century Way, Leeds, LS15 8ZB.
- How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
- “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
3. Our contract with you
- How we will accept your order. In order to enter into a contract to purchase products from us, you will need to take the following steps: (i) you must add the products you wish to purchase to your shopping basket/cart, and then proceed to the checkout; (ii) you may check out as a guest or create a new account; if you are an existing customer, you must enter your login details; if you create a new account, you must log in to your new account; (iii) once you are logged in, or if you check out as a guest, you must then select your preferred method of delivery and confirm your order and your agreement to these terms of sale; if you check out as a guest, you will also need to enter your delivery address and email address; (iv) you will be transferred to PayPal or Stripe which will handle your payment on the checkout page; (v) we will then send you by email an initial acknowledgement that we have received the order; and (vi) once we have checked whether we are able to meet your order, we will either send you an order confirmation or we will confirm by email that we are unable to meet your order. We draw your attention to the information below concerning acceptance of orders where you wish to take advantage of the Multi-Pay option (see Paragraph 4 below). Our acceptance of your order will take place when we email you the order confirmation, at which point a contract will come into existence between you and us.
- Input errors. Before you place your order, you will have the opportunity of identifying whether you have made any input errors by checking the final summary prior to payment. You may correct those input errors before placing your order by changing/removing them in/from your basket/cart.
- If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the product. For example, this might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have been unable to complete successfully our Multi-Pay approval process, or because we have identified an error in the price or description of the product.
- Your order numbers. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
- We only sell to under these terms and conditions within Great Britain and Northern Ireland. Our website is solely for the promotion of our products within these territories.
4. Our products
- Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.
- Product packaging may vary. The packaging of the product may vary from that shown in images on our website.
5. Our rights to make changes
- If for any reason you have delayed placing your order following your review of our products on-line please bear in mind that we do reserve the right to make variations to our product specifications and you may wish to check again the specification and other details of the product (including the price we charge for the product and any related delivery charges) you are ordering.
- Delivery costs – Great Britain and Northern Ireland. We offer free standard delivery to all addresses in Great Britain and Northern Ireland.
- How we deliver. All products ordered through our website for delivery in Great Britain and Northern Ireland are delivered by standard delivery. Smaller items (such as accessories and spare parts) are generally delivered by post. Larger items are generally delivered by a third-party courier service. We will notify you which delivery method we will use when we send the Order Confirmation.
- Delivery times. Where the standard delivery service applies, we aim to get your purchase to you within one day. For these purposes, “working days” are Monday to Friday, excluding bank holidays as applicable in England, and “weekend days” are Saturday and Sunday. If you place your order before 19.00 on a working day, or before 14:00 on a weekend day, this period runs from the close of business on that day. If you place your order after 19.00 on a working day, or 14:00 on a weekend day, this period runs from the close of business on the next following day. We do what we reasonably can to meet the delivery times set out in this section. However, these cannot be guaranteed.
- Tracking your order. If your order is being delivered by courier you can track your parcel by clicking on the link in the email that we send you to confirm dispatch.
- Courier deliveries. All courier deliveries must be received in person at the delivery address, and a signature must be provided. Our courier delivery service providers may notify you by telephone or email in advance of attempting to make a delivery.
- Additional courier delivery attempts and collection. If an initial delivery attempt by our courier is unsuccessful, our delivery service provider may make one further attempt to deliver your products. If the second delivery attempt is unsuccessful, our delivery service providers will leave a card at your address, with instructions on how you may collect your product. Such instructions will include a time limit for collection.
Delivery problems. If you experience any problems with a delivery, please contact us by telephone on 0800 093 0875. If our delivery service provider is unable to deliver your products, and such failure is due to your or your nominated recipient of the products unavailability at the delivery address or delivery otherwise proves impossible in circumstances that could not reasonably be regarded as our responsibility (we set out examples below), and you or your nominee do not collect your products from our delivery service provider within the time specified on the card left at your address, then we may agree to arrange for re-delivery of the products, providing that we reserve the right to charge you for the actual costs of re-delivery (even where the initial delivery was free-of-charge). An indicative list of the situations where a failure to deliver will be your responsibility is set out below:
- you provided the wrong address for delivery;
- there is a mistake in the address for delivery that was provided;
- the address for delivery is not reasonably accessible;
- the address for delivery cannot safely be accessed; or
- where in person receipt is required, there is no person available at the address for delivery to accept delivery and provide a signature.
- If you do not re-arrange delivery. If you do not collect the products from us within the time limit specified on the card left at the delivery address, and you do not arrange redelivery of the products, we will contact you for further instructions and may charge you for storage costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract with you.
- When you become responsible for the goods. A product which is goods will be your responsibility from the time we deliver the product to the address you gave us or you or a carrier organised by you collect it from us.
- When you own products, we sell to you; You own the products once we have received payment in full.
- We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
7. Price and payment
- Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 2 for what happens if we discover an error in the price of the product you order.
- What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and if we so require, arrange for the return of any product to which this subclause applies at our expense but with your understanding of the situation and assistance in our being given the opportunity to collect the product
- When you must pay and how you must pay. We accept payment with Mastercard, Visa and American Express. Unless we have agreed that you can make payment under our Multi-Pay arrangement, you must pay for the products in full before we dispatch them. We will not charge your credit or debit card until we dispatch the products to you.
- Multi-Pay. You can request on the payment option page to make payment under our Multi-Pay arrangement. The terms of the Multi-Pay arrangement require between 2 and 12 monthly instalment payments (depending upon the products you are purchasing and the detail of our Multi-Pay offer for the Products). Access to the Multi-Pay arrangement is subject to acceptance by us. Where you have requested Multi-Pay, your order will be subject to a validation procedure (which we will complete as promptly as possible). The Multi-Pay option may not be available to you if you have placed and we have accepted multiple product orders for delivery to the same address or through the use of an identical payment card. Multi-Pay is not available if payment is made with a prepaid card.
- We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 2% a year above the base lending rate of HSBC from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount and any interest due. Under Multi-Pay arrangements interest will be calculated by reference to the instalment due date and shall also be applied following any cancellation of the Multi-Pay arrangement interest falling due from the date by which you are required under Clause 6 to make payment of the outstanding balance due whether before or after judgment.
- We are also entitled to cancel the instalment payment arrangement if you do not make payment of an instalment on time. With your order confirmation you will be provided with confirmation that we agree to accept payment under the Multi-Pay facility. Should any payment of an instalment not be paid by the due date advised to you in that confirmation for that instalment we shall be entitled to notify you (we will do this in writing) that the Multi-Pay arrangement is cancelled. You will in such circumstances be required to make payment in full of the outstanding balance of the purchase price within 28 days of the date we make you aware of cancellation.
- Credit and debit card chargebacks. Credit and debit card providers may allow you to reverse a transaction on your card under a process referred to as “chargeback”. There are specified grounds upon which chargeback may be available, such as goods that are supplied to you not being as described or being defective, or non-delivery of goods. If you submit a claim for a chargeback which is not justified in the circumstances, then without prejudice to our other rights, you will be liable to pay us, within 28 days following the date of the chargeback, for the following amounts: (i) where products to which the chargeback relates have been delivered to you, an amount equal to any sum repaid by our bank as a result of the chargeback claim; (ii) the amount of any charges made to us by our, or your, bank or payment processor or card issuer in connection with the unjustified chargeback; (iii) all our other reasonable costs, losses and expenses incurred in connection with the unjustified chargeback.
- Termination. Without prejudice to our other rights, if you submit an unjustified credit card, debit card or other chargeback, then we may end the contract between us for the supply of the products in question, together with any other contract between us for the supply of other goods or services.
8. Your right to cancel
- Our goodwill guarantees. Please note, this clause 8, together with clause 10 reflect the goodwill guarantee offered by SharkNinja Europe Ltd whose registered office is at 3150 Century Way, Leeds, LS15 8ZB to our Great Britain and Northern Ireland customers. We are under a legal duty to supply products that are in conformity with this contract. This goodwill guarantee does not affect your legal rights in relation to faulty or misdescribed products. Our goodwill guarantee is in additional to these legal rights. Advice about your legal rights is available from your local Citizen’s Advice Bureau.
- Consumer Contract Regulations 2013. Please note that under the Consumer Contracts Regulations 2013, for most products bought online you have a legal right to change your mind and cancel the contract within 14 days and receive a refund.
- Right to cancel. The provisions of this clause 8 are more generous than your legal rights under the Consumer Contract Regulations 2013. Under these terms, we agree to extend the period within which you can cancel the contract so that you have 30 days after the day you (or someone you nominate) receives the product(s) to cancel the contract, unless your products are split into several deliveries over different days, in which case you have until 30 days after the day you (or someone you nominate) receives the last delivery to cancel the contract.
How to tell us that you want to cancel. In order to cancel a contract under this clause 8, you must inform us of your decision to cancel your contract by clear statement. You can do this by one of the following ways:
- Phone. Call customer services on 0800 093 0875.
- By post. Print off the form [https://sharkclean.eu/uk/customer-care/contact-us and post it to us at the address on the form. Or simply write to us at that address, including details of what you bought, when you ordered it or received it and your name and address.
- Return of products. If you cancel a contract under this clause 8, you must return the products to us within 14 days of cancellation. The Consumer Contracts Regulations 2013 provide that you should pay the costs of returning the goods to us. However, we make available a free return arrangement. You will be advised at the time of cancellation as to how to take advantage of this – it involves taking the product safely and securely packaged to a nominated collection point.
- Collection of products. Instead of the free return arrangement, when you cancel the contract under this clause 8, you may elect instead to have the product collected from the original delivery address, at a charge of £15 inc VAT. Please have a debit or credit card available when you contact us if you wish to take advantage of this option.
- Sending products back to us. If you cancel under this clause 8 and do not want to use the free return arrangement or the collection service referred to above, then you should return them at your own expense to the following address: Customer Services, 3150 Century Way, Leeds, LS15 8ZB.
- How a refund is made. If you cancel a contract under this clause 8, we will refund you by the method you used for payment. However, we may reduce your refund of the price to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
9. If there is a problem with the product
- Please be aware that we make different arrangements for return of products where you advise us that you have a complaint relating to any product we have supplied you with. When you contact our customer service team on 0800 093 0875, we will explain how we will assist you in completing the return of the products to us.
- Geographical scope. The guarantee applies to products purchased by customers located in Great Britain and Northern Ireland.
- Duration. By this guarantee, we guarantee the products to be free from defects in materials and workmanship at the date of delivery and for the period specified in the particulars we provide on our website of the relevant product. The standard guarantee on our products us a 1yr guarantee. Additional guarantees are Vacuum cleaners +4 years if registered (except batteries which are +1yr). Steam mops are +1yr if registered. Part and accessories come with a 30-day guarantee.
How do I register my extended Shark guarantee? You can register your guarantee online within 28 days of purchase. To register online, please visit sharkclean.co.uk/register-guarantee. To save time, you’ll need the following information about your machine:
- Serial number (on the machine rating label)
- Date you purchased the machine (receipt or delivery note)
- Both the 12 months and the extended 4 years guarantee will only cover your product from the date of purchase.
- Please keep your receipt at all times. Should you need to use your extended guarantee we will need your receipt to verify the information you have supplied to us is correct. The inability to produce a valid receipt may invalidate your guarantee.
- If within the guarantee period the product is determined to be defective under proper use by reason of defect in materials or workmanship we will, without charge for labour or parts, repair or (at our discretion) replace the products or its defective parts, subject to the terms and limitations below.
- Guarantee services will only be provided if the product was bought from an authorised retailer or direct form ourselves, and there is a valid receipt or proof of purchase in respect of the product showing the date of the purchase.
Exclusions. This guarantee does not cover:
- repair or replacement of parts required due to wear and tear;
- damage, defects or changes to the product as a result of:
- accident or neglect;
- wilful damage;
- misuse, including failure to install or use the product for its normal purpose, or in accordance with the instructions provided;
- failure to store the product in accordance with the instructions provided;
- failure to care for, or maintain, the product in accordance with the instructions provided;
- excessive heat, power surges, excess or incorrect power supply or input voltage, or use of the product in abnormal working conditions;
- alteration, repair or attempted repair of the product by anyone who is not one of our authorised repairers.
- repair or replacement if you have selected the Multi-Pay option, and have not made a payment under that scheme by the due date.
- How to make a claim under the guarantee. In the event of a fault occurring, you should call our Customer Services Helpline on 0800 093 0875. We will discuss with you the nature of the fault. You may be asked to return the product to us. We will provide you with instructions to help you in doing this, in the event that you have a valid claim under this guarantee. Alternatively, we might send you a replacement product, or part for the product, by courier or post and ask that you safely dispose of the defective product, or part of the product.
11. Our responsibility for loss or damage suffered by you
- We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen.
- We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products including the right to receive products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care and, where installed by us, correctly installed; and for defective products under the Consumer Protection Act 1987
- We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
12. Dispute Resolution
- In the event we are unable to resolve a dispute, we are members of an Alternative Dispute Resolution (ADR) scheme. For more information please visit; www.wyjs.org.uk/adr
13. How we may use your personal information
14. Other important terms
- We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
- Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms, except as explained in clause 2 in respect of our guarantee. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
- If a court finds part of this contract illegal, the rest will continue in force. Each of the clauses of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
- Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
- Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
15. Cancellation Form
Complete and return the form below only if you wish to withdraw from the contract.
I hereby give notice that I cancel my contract of sale of as per the following details: