Terms of service

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 Kitchen Accessories Limited T/A Gowan Home, a company registered in Ireland. We refer to ourselves as “us” in these terms. Our company registration number is 83226, and our registered office is at 8 Appian Way, Ranelagh, Dublin 6, D06 NV29. Our registered VAT number is IE4625317B.
• How to contact us. You can contact us by emailing our customer service team at customerservice@sharkninja.ie or by filling out out Contact Us Form.
• 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. To enter into a contract to purchase products from us, you will need to take the following steps: (i) 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 logged in, or if you check out as a guest, you must 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 Shopify Payments, which will handle your payment on the checkout page; (v) After placing an order, you will receive an email from us info@ninjakitchen.ie or info@sharkclean.ie acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a product or service and all orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an email that confirms that the Goods have been dispatched (Dispatch Email). The contract between us will only be formed when we send you the Dispatch Email. The Contract will relate only to those Goods referred to in the Dispatch Email.
• We reserve the right to change these terms and conditions from time to time, and your continued use of Our Website (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the conditions have been changed. The terms that apply to you are those posted here on Our Website on the day you order Goods.
• Input errors. Before you place your order, you will have the opportunity to identify whether you have made any input errors by checking the final summary before 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. This might be due to the product being out of stock, unexpected limits on our resources, unsuccessful Multi-Pay approval, or an error in the price or description of the product.
• 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 sell under these terms and conditions within the Republic of Ireland. Our website is solely for the promotion of our products within this territory.

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 product's colour. 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 online, 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.

6. Providing the products

• Delivery costs –Ireland. For all orders, a delivery charge of €5.95 will apply.
• How we deliver. All products ordered
  through our website for delivery in Ireland are delivered by DPD standard
  delivery. When we email to notify you that the product/s have been dispatched we will also inform you which delivery method we have used.
• Delivery times. Where the standard
  delivery service applies and subject to our acceptance of your order, we aim to get your main unit purchase to you within 5 days (excludes Bank Holidays & Weekends).    
• 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 to notify you of dispatch.
• Courier deliveries. 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 provider 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 fill out our Contact Us Form or contact us by email at customerservice@sharkninja.ie. If our
  delivery service provider is unable to deliver your products, and such failure is due to your or your nominated recipient's 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;

• If you do not re-arrange delivery. If
  you do not collect the products within the time limit specified on the card
  left at the delivery address, and you do not arrange redelivery, the products may be returned to us. We do not attempt further contact with the recipient after leaving the card, and no storage charges are applied.
• 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 collect it from the courier.
• 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 will take steps to minimise the effect of the delay.  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 place your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However, please see Clause 3 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.
• When you must pay and how you must pay. We accept payment with PayPal and Shopify Payments. You must pay for the products before we dispatch them. Your card or payment method will be charged when the order is confirmed.
• VAT. All amounts stated in these terms of sale are inclusive of VAT (where applicable). If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay unless you have already paid for the product in full before the change in the rate of VAT takes effect.

8. Exercising your right to change your mind

You have the right to cancel this contract within 14 days without giving any reason. The cancellation period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires ,physical possession of the goods. If you have ordered multiple goods in the same order and the goods are delivered separately the cancellation period expires after 14 days from the day  on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last of the products.

To exercise the right to cancel, you must inform us at

Email: customerservice@sharkninja.ie

Or fill out the following form:
Cancellation Form

of your decision to cancel this
contract by an unequivocal statement such as an e-mail or a letter sent by
post. You may use the attached cancellation form but it is not obligatory.  You can also electronically fill in and
submit the model cancellation form or any other unequivocal statement on our websites www.sharkclean.ie and www.ninjakitchen.ie .If you use this option, we will communicate to you an acknowledgement of receipt of such a
cancellation on a durable medium (e.g. by e-mail) without delay

To meet the cancellation
deadline, it is sufficient for you to send your communication concerning your
exercise of the right to cancel before the cancellation period has expired.

Effects of cancellation

If you cancel this contract, we
will reimburse to you all payments received from you, including the costs of
delivery (with the exception of the supplementary costs resulting from your
choice of a type of delivery other than the least expensive type of standard
delivery offered by us), without undue delay and in any event not later than 14
days from the day on which we are informed of your decision to cancel this
contract. We will carry out such reimbursement using the same means of payment
as you used for the initial transaction, unless you have expressly agreed
otherwise; in any event, you will not incur any fees as a result of such
reimbursement. We may withhold reimbursement until we have received the goods
back or you have supplied evidence of having returned the goods, whichever is
the earliest.

You must return the products to
us within 14 days of notifying us of your decision to cancel the contract.
Please see the details below for how to return the products to us.

• When you don’t have the right to change your mind. You do not have a right to change your mind in respect of:

- products sealed for health protection or hygiene purposes once these have been unsealed after you receive them;

- any products which become mixed inseparably with other items after their delivery.

- products that are clearly personalised.

- If you return a product that has been damaged, used beyond what is necessary to inspect it, or is missing parts, we may make a deduction from your refund to reflect the loss in value. This does not affect your legal right to cancel your order within 14 days.

9. How to end the contract with us (including if you have changed your mind).

• If you have changed your mind, you should follow the process at Paragraph 8(b) above.
• If you wish to end the contract for some other reason, to include that the product is faulty or we have done something wrong please contact us by doing one of the following and we will promptly look into your issue and request :
• Online. Complete this Contact Us Form.
• Email us at customerservice@sharkninja.ie Please provide your name, home address, details of the order, and, where available, your phone number
  and email address.
• Returning products after ending the contract. To return products, you need to do one of the following:

A. Complete our online returns form. A member of our customer service team will then contact you with a return merchandise authorisation (RMA) number, which must be clearly marked on the package. You will then be directed to the DPD returns portal to purchase your return label
and send the item(s) back to us. 

OR

B. Email us at customerservice@sharkninja.ie with your order details. A member of our
customer service team will then contact you with a return merchandise
authorisation (RMA) number and the address to return the product too. The RMA, which must be clearly marked on the package.

Other than as set out below. you
are responsible for the cost of returning the goods.

• When we will pay the costs of return. We will pay the reasonable costs of return:

- if the products are faulty or misdescribed;

- if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in
delivery due to events outside our control, or because you have a legal right to do so as a result of something we have done wrong; or

- if you are exercising your right to change your mind within the 14-day period.

• In all other circumstances  you must pay the costs of return.
• Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:
• We may reduce your refund of the price (excluding delivery costs) 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 can inspect the goods and
  later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
• The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 2-5 days at one cost but you choose to have
  the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.

10. Our rights to end the contract

• We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:

- you do not make any payment to us when it is due, and you still do not make payment within 7 days of us reminding you that payment is due;

- you do not, within a reasonable time, allow us to deliver the products to you or collect them from us.

• You must compensate us if you break the contract. If we end the contract in the situations set out in clause 1, we will refund any money you have paid in advance for products we have not provided, but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.

11. If there is a problem with the product

• How to tell us about problems. If you
  have any questions, concerns, or complaints about a product you have purchased from us, please contact us promptly. You can do this by completing our online contact us form or emailing us at customerservice@sharkninja.ie.
  Once we receive your message, a member of our customer service team will respond to you as soon as possible to assist with your issue.
• Summary of your legal rights. We are under a legal duty to supply products that conform with this contract.

This generally means that the
products should be fit for the purpose for which such products are normally
used; correspond with the description provided at the time of sale; be
delivered with any accessories and instructions as might reasonably be expected; and, be as durable as might be reasonably expected in the circumstances.

Where a product does not conform
with the contract you will, subject to certain limitations, be entitled to a
refund, repair or replacement.

• Further information regarding your rights can be found at the Citizens Information website www.citizensinformation.ie or via their helpline at 0818 07 4000. Nothing in these terms will affect your legal rights.
• Your obligation to return rejected products.  See Clause 9 above for how to return products to us.
  

12.  Our responsibility for loss or damage suffered by you if you are a consumer

• 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, but we are not responsible for any loss or damage that is not foreseeable. 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 under the Consumer Rights Act 2022, Sale of Goods and Supply of Services Act 1980 and Liability for Defective Products Act 1991.
• 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 resale purpose, we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

14. How we may use your personal information

• How we use any personal data you give us is set out in our Privacy Notice

15. 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
  contact you to let you know if we plan to do this. If you are unhappy with the transfer, you may contact us to end the contract within 14 days of us telling you about it, and we will refund you any payments you have made in
  advance for products not provided.
• 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 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 paragraphs 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 if you are a consumer. These terms are governed by Irish law, and legal proceedings in respect of the products  must be brought in the Irish courts.

16. WEEE

• We will take back your Waste Electrical and Electronic Equipment (WEEE) free of charge on a one-for-one, like-for-like basis at the time of delivery or you can bring the WEEE to us at Kitchen Accessories Limited T/A Gowan Home, 4078 Kingswood Road, Citywest Business Campus, Dublin 24  D24 EYV1. Waste batteries including rechargeable batteries are taken back free of charge. You are not obliged to make any purchase when returning old batteries. Each local authority must also accept household WEEE and small batteries free of charge at its recycling facilities. All WEEE and waste batteries must be recycled and should not be placed in any of your household wheelie bins. Make sure you always recycle all your old electrical goods and batteries.

Gowan Home (Operator of Ninja Ireland)
4078 Kingswood Road, Citywest Business Campus, Dublin D24 EYV1, Ireland