- These terms
- What these terms cover. These are the terms and conditions on which we supply repair services in relation to Shark vacuum cleaners (the “Services”) 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 Services 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.
- Consumer terms only. These terms and conditions only apply to consumers. If you are acting in the course of your business, trade or profession, and you wish to receive Services, please contact us using the contact details below.
- Your legal rights and our manufacturer’s guarantee. As a consumer you are entitled to receive products that meet certain conditions, including that they are of satisfactory quality, fit for any purpose you told the seller about before buying it, and that they conform with any description or sample you were given or shown. If one of our products is defective, you may be able to obtain a refund, repair or replacement from the retailer free of charge, especially if you only bought it recently. If you bought the product directly from us, click here for more information. Alternatively, we offer a manufacturer's guarantee, which you may be able to use if you bought the product within the last 12 months, or if you bought the product and registered it with us within the last 5 years. Click here for more information on our manufacturer’s guarantee. However, if you are not eligible to receive a refund, repair or replacement under your legal rights or our guarantee, these are the terms and conditions on which we offer paid-for repair services for your Shark vacuum cleaner.
- Information about us and how to contact us
- Who we are. We are Euro-Pro Europe Limited, a company registered in England and Wales. Our company registration number is 08492819 and our registered office is at SharkNinja, 3150 Century Way, Thorpe Park, Leeds, LS15 8ZB. Our registered VAT number is 210 6248 590.
- 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, SharkNinja, 3150 Century Way, Thorpe Park, 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.
- Our contract with you
- How we will accept your order. In order to enter into a contract to purchase Services from us, you will need to call us on 0800 093 0875.
- 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 Services. For example, this might be because the product is no longer supported, because spare parts are not available, or because of unexpected limits on our resources which we could not reasonably plan for.
- Your order number. 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 provide Services under these terms and conditions within Great Britain and Northern Ireland. We do not provide repair services to consumers located elsewhere.
- Repairing the products
- You must have the vacuum cleaner delivered to us. We will provide you with a postage label on request (please contact Customer Services), but you must pay the cost of delivery to our repair facility. We are not responsible for your vacuum cleaner until we have actually received it, so you may want to arrange insurance for loss or damage while it is in transit.
- If we are not able to carry out a repair. If at any point after we have accepted your order for Services, we find that we are not able to carry out the repair, we will contact you to let you know.
- If we cannot carry out the repair due to reasons within our control, for example if we did not tell you that the product is no longer supported, or that spare parts were unavailable, we will give you a full refund of any payments you have made for Services up to that point, and we will pay the standard delivery cost to have the vacuum cleaner returned to you.
- If we cannot carry out the repair due to reasons outside our control, for example the vacuum cleaner is too badly damaged to be repairable, or you did not correctly describe the vacuum cleaner to us and it turns out to be a product which is no longer supported, we will keep the payment you made for the Services.
- Time for repair. We aim to carry out all repairs, or to conclude that the repair cannot be carried out, within 30 days of receiving the vacuum cleaner. If it is likely to take longer than that we will contact you to let you know and you will have the option to cancel the order, in which case we will treat this as our being unable to carry out the repair due to reasons within our control (see clause 2.1 above). When the repair is finished, or when we have concluded that the repair cannot be carried out, we will contact you to let you know.
- Returning the vacuum cleaner to you. Repaired vacuum cleaners (or vacuum cleaners which cannot be repaired) will be returned to you by our standard delivery service. Table top vacuums are generally delivered by post. Other vacuums are generally delivered by a third-party courier service. We will notify you which delivery method we will use, and when we expect to send the vacuum cleaner back to you, when we contact you to let you know that the repair has been completed. We will pay the cost of delivery.
- Re-delivery times. We aim to get your vacuum cleaner back to you on the next working day following the day of despatch. For these purposes, "working days" are Monday to Friday, excluding bank holidays as applicable in England. We do what we reasonably can to meet the delivery times set out in this clause. However, these cannot be guaranteed.
- Tracking your order. If your vacuum cleaner is being returned to you 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. We will be responsible for your vacuum cleaner until it is re-delivered to you.
- 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 re-deliver your vacuum cleaner. 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 vacuum cleaner. Such instructions will include a time limit for collection. If you do not arrange delivery to take place within that time limit, your vacuum cleaner will be returned to us. We will let you know when we receive it again. We will be entitled to charge you for the wasted delivery fees and for storage. We will make your vacuum cleaner available for collection from our premises at any reasonable time and at your own cost, but if you do not collect it or arrange for it to be collected within 30 days of our letting you know we have received it again, we will be entitled to dispose of it.
- Delivery problems. If you experience any problems with a re-delivery, please contact us by telephone on 0800 093 0875 or through our website at sharkclean.co.uk/customer-care. If our delivery service provider is unable to re-deliver your vacuum cleaner, and such failure is due to no-one being available 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 re-delivery;
- there is a mistake in the address for re-delivery that was provided;
- the address for re-delivery is not reasonably accessible;
- the address for re-delivery cannot safely be accessed; or
- where in person receipt is required, there is no person available at the address for re-delivery to accept delivery and provide a signature.
- We are not responsible for delays outside our control. If re-delivery of the vacuum cleaner 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.
- Price and payment
- Where to find the price for the Services. Our repair fees depend on the type of product(s) being repaired and are charged on a per-product basis (so if you have two products for repair, you will pay two fees). The current repair fees are available by calling our Customer Service Team on 0800 093 0875.
- When you must pay and how you must pay. We accept payment with Mastercard, Visa and American Express. You must pay for Services in advance. If you send your vacuum cleaner to us but payment fails, we will contact you to rearrange payment. If we cannot obtain payment from you despite having used our reasonable efforts to do so, and you have already sent your vacuum cleaner to us, we will make your vacuum cleaner available for collection from our premises at any reasonable time and at your own cost, but if you do not collect it or arrange for it to be collected within 30 days of our letting you know we have received it again, we will be entitled to dispose of it.
- Your right to cancel
- Right to cancel. Under the Consumer Contracts Regulations 2013, for most services bought online a consumer has a legal right within the first 14 days starting the day on which the contract is made to change their mind, cancel the contract and receive a refund. However, if a consumer expressly requests that the service commences during this 14-day period, they lose their right to cancel as soon as the services are completed, and if they cancel before the services are completed the trader may charge a reasonable fee for services provided before cancellation.
- Consent to commencing Services. When you placed your order, we asked you whether you agreed to us starting the Services before the 14-day cancellation period had ended, and explained that as soon as the Services were completed you would lose your right to cancel the Services and receive a refund, even if the 14-day period had not expired, and that if you cancelled the Services during the 14-day period before they were completed, we could charge a reasonable fee for Services provided to that point, which could be the full contract price.
- If you agreed, we will start the Services as soon as we can after receiving your vacuum cleaner, subject to the terms explained to you in advance and confirmed above.
- If you refused, we will not start the Services until the 14-day cancellation period has finished.
- How to tell us that you want to cancel. In order to cancel a contract under this clause 6, 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 or email. Call customer services on 0800 093 0875 or email us at email@example.com;
- Online. You could complete the form on our website https://sharkclean.co.uk/customer-care/contact-us
- By post. Print off the form [https://sharkclean.co.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 6 after we have received your vacuum cleaner from you, or if you have already sent it to us and we receive it after you have cancelled, we will be entitled to charge you for the wasted delivery fees and for storage. We will make your vacuum cleaner available for collection from our premises at any reasonable time and at your own cost, but if you do not collect it or arrange for it to be collected within 30 days of our letting you know we have received it again, we will be entitled to dispose of it.
- How a refund is made. If you cancel a contract under this clause 6, we will refund you by the method you used for payment.
- Our manufacturer’s guarantee for the products
- Our manufacturer’s guarantee. We are under a legal duty to supply services with reasonable care and skill and in accordance with information given to you before you place your order. However, in addition, consumers paying for a repair under these terms receive a free manufacturer’s guarantee. This manufacturer’s guarantee does not affect your legal rights described above. Our manufacturer’s guarantee is in additional to these legal rights. Advice about your legal rights is available from your local Citizen's Advice Bureau.
- Geographical scope. The guarantee applies to products purchased by customers located in Great Britain and Northern Ireland.
- Duration. We guarantee the repaired vacuum cleaner, except for the battery of a battery-operated vacuum cleaner, to be free from defects in materials and workmanship at the date on which it is returned to you (with the exception of defects arising while the vacuum cleaner has been in your possession) for the period ending five years from the date of purchase. We give the same guarantee for the batteries of battery-operated vacuum cleaners, except that the guarantee expires two years from the date of purchase.
- If within the guarantee period the vacuum cleaner 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 vacuum cleaner or its defective parts, subject to the terms and limitations below.
- Exclusions. This guarantee does not cover:
- repair or replacement 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.
- How to make a claim under the manufacturer’s 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 manufacturer’s 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. Should you need to use your manufacturer’s guarantee we will need your receipts to verify the information you have supplied to us is correct. The inability to produce valid receipts may invalidate your manufacturer’s guarantee.
- 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 Services, including that the Services must be provided with reasonable care and skill; and for defective products under the Consumer Protection Act 1987.
- We are not liable for business losses. We only supply Services in relation to 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, or for any other losses that cannot legally be excluded.
- How we may use your personal information
How we may use your personal information. We will only use your personal information as set out in our [https://sharkclean.co.uk/privacy-and-cookie-policy/].
- 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. 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.
- 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 Services in the English courts. If you live in Scotland you can bring legal proceedings in respect of the Services in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the Services in either the Northern Irish or the English courts.
(Complete and return this form only if you wish to withdraw from the contract)
3150 Century Way
I/We hereby give notice that I/We cancel my/our contract for the supply of repair services
Ordered on /received on
The order reference number provided to you at the time of ordering (if you know this):
Signature of consumer(s) (only if this form is notified on paper),
© Crown copyright 2013. Reproduced with appropriate authorisation.