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1 About us

We are Stingray Squash Machines Limited, a company registered in England and Wales under company number 11683485. Our registered office is at C/O Bristow Burrell, 4 Walnut Tree Close, Guildford, United Kingdom, GU1 4UX. Our VAT number is 281470992.

2 How to contact us

You can contact us by sending an email to support@stingraysquash.com or by writing to Stingray, PO Box 994, Oxford, OX1 9XT, UK.

3 These terms

3.1 These terms apply to any pre-orders with us for the Products (“Pre-Order”) that you make on our website. Please read these terms carefully before you place any orders on our site. Please note that by placing your Pre-Order you agree to these terms.

3.2 Any reference to ‘we’, ‘us’ or ‘our’ in these terms is to Stingray Squash Machines Limited, and any reference to ‘you’ or ‘your’ is to the person placing an order on our site.

3.3 You must be at least 18 years old to place an order on our site. If you are a business customer placing an order on behalf of a business, you confirm that you have authority to place such order for and on behalf of that business.

3.4 We may make changes to these terms at any time. However, the terms which apply to your order will be those in force at the time you submitted your order to us.

3.5 Please print out or save a copy of these terms and any emails from us for your records, as we will not save or file a copy for you. These terms are only available in English.

3.6 Your use of our site is governed by our website Terms of Use.

4 Definitions

Business Day: a day, other than a Saturday, Sunday or public holiday in England, when banks in London are open for business.

Commencement Date: the date the contract between you and us commences, which is when we confirm in writing our acceptance of your Pre-Order.

Conditions: these terms and conditions.

Contract: the contract between you and us for the supply of Services (if applicable) and/or the placing of pre-order with us for the Products.

VAT: value added tax or any equivalent tax chargeable in the UK or elsewhere.

In writing: includes any means of written communication, including email.

5 Commencement and term

This Contract shall commence on the Commencement Date and shall continue, unless terminated earlier in accordance with its terms, until it is fully performed.

6 Pre-Order reservation

6.1 When placing a Pre-Order for the Products, you will need to provide certain information to us, including your email, delivery address and billing information. You must ensure that all such information is accurate.

6.2 We will not be liable if your information is outdated or inaccurate. You can update your information at any time prior to your Product being shipped by emailing to the Supplier’s representative.

6.3 You confirm and agree that we can decline or delay your Pre-Order for any reason at our sole discretion, in which case we will refund the payment you have already made to us.

7 Price and payment

7.1 Once we receive your Pre-Order, we will review it and acknowledge our acceptance of your Pre-Order in writing. The Contract between you and us will be formed at that point.

7.2 In our acceptance communication to you, we will specify when and how you shall pay the Services Fee (if applicable) and/or the Price for Product/s, and where we at our sole discretion decide to charge a deposit only for the Price for Products, we will specify what proportion of the Price for Products shall be payable (“Deposit”), and when the balance of the Price for Products (“Balance”) will be due.

7.3 The Services Fee is for all the Services that we will provide to you in preparing and customising the Product for you on the basis of your Pre-Order.

7.4 The Price for Products excludes:

(a) the costs of packaging, insurance and transport of the Products, which will be charged to you in addition whether together with the Price for Product or with the Deposit or the Balance or completely separately from any of those;

(b) any taxes, import duties and other levies that may be charged by the authorities of a destination country, which will be charged to you in addition whether together with the Price for Product or with the Deposit or the Balance or completely separately from any of those; and

(c) amounts in respect of VAT, which you shall additionally be liable to pay to us at the prevailing rate (if applicable), subject to the receipt of a valid VAT invoice from us,

8 Priority

We will make the Products according to the order in which the Pre-Order is received. If you cancel your Pre-Order in accordance with these Conditions, your position will be taken by the next customer on the Products reservation list.

9 Delivery

9.1 We will use our reasonable endeavours to make the Product and then deliver it to you as soon as reasonably practicable, however there may be delays and, therefore, the time for delivery will never be of the essence. We will notify you about an estimated date of delivery, however it can still be changed by us, in which case we will notify you about such change in advance.

9.2 If we do not manage to deliver the Product to you by the estimated date of delivery, whether original date or changed, we shall not be liable for any damages that may occur in consequence of the delay, nor shall we be responsible to offer any discounts, refunds or credits due to any such delay.

9.3 We will provide you with regular updates on the next estimated date of delivery.

10 Cancellation

10.1 You have the right to cancel your Pre-Order for any reason or no reason any time before we give you a written notice that your Product is manufactured to your order and ready for delivery. At that point, the Services Fee (if applicable) will not be refundable, however the Price for the Product will be refunded to you. If you paid the Deposit only, we would refund it to you. If you advanced the charges as specified in clause 7.4, we will refund those charges to you too.

10.2 We can cancel your Pre-Order for any reason or no reason any time prior to our notice to you that your Product is ready for delivery.

11 Limitation of liability

11.1 Nothing in this Contract shall limit or exclude our liability for:

(a) death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);

(b) fraud or fraudulent misrepresentation; or

(c) any matter in respect of which it would be unlawful for us to exclude or restrict liability.

11.2 Subject to clause 11.1:

(a) we shall not be liable to you, whether in contract, tort (including negligence), misrepresentation, restitution or otherwise, for any loss of profit, or any indirect, incidental or consequential loss arising under or in connection with the Contract; and

(b) our total liability to you for all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), misrepresentation, restitution or otherwise, shall not exceed the aggregate amount of the Services Fee (if applicable) and/or the Price for Products.

DISCLAIMER
Under no circumstances we shall give you warranties, whether express or implied, with respect to the Product described or displayed by us on our website. You understand and agree that the Product, its design and technical features are currently under development and that the Product which may be available for purchase by you can be materially different from the Product which is currently advertised / displayed by us. If for any reason you are not happy with the final version of the product, your sole and exclusive remedy will be to cancel your Pre-Order in accordance with clause 10.1

12 Terms and conditions of sale

The purchase of the Products is subject to additional terms and conditions for sale. Your purchase of the Product will be subject to those terms and conditions.

13 General

13.1 Assignment and other dealings.

(a) You shall not assign, transfer, charge, subcontract, delegate, declare a trust over or deal in any other manner with any or all of its rights or obligations under the Contract without our prior written consent.

(b) We may at any time assign, transfer, charge, subcontract, delegate, declare a trust over or deal in any other manner with any or all of its rights under the Contract.

13.2 Entire agreement.

(a) This Contract constitutes the entire agreement between the parties.

(b) Each party acknowledges that in entering into the Contract it does not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in the Contract. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in the Contract.

13.3 Variation.

(a) Subject to clause 13.3(b) or any other clause in this agreement expressly providing otherwise, no variation of this Contract shall be effective unless it is in writing and signed by the parties (or their authorised representatives).

(b) We reserve the right to change any of the Conditions for any reason or no reason at any time. We will provide notice to you of any material changes and, if you are not happy with such changes, your sole and exclusive remedy will be to cancel your Pre-Order in accordance with clause 10.1.

13.4 Waiver. No failure or delay by a party to exercise any right or remedy provided under the Contract or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.

13.5 Severance. If any provision or part-provision of the Contract is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of the Contract.

13.6 Notices.

(a) Any notice given to a party under or in connection with the Contract shall be in writing, addressed to that party at its registered office or such other address as that party may have specified to the other party in writing in accordance with this clause, and shall be delivered by hand, or sent by pre-paid first class post or other next working day delivery service, or email.

(b) A notice shall be deemed to have been received: if delivered by hand, when left at the party’s address; or if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second Business Day after posting; or, if sent by email, one Business Day after transmission.

(c) This clause does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any arbitration or other method of dispute resolution.

13.7 Third party rights. No one other than a party to this Contract and their permitted assignees shall have any right to enforce any of its terms.

13.8 Governing law. This Contract and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by, and construed in accordance with, the law of England and Wales.

13.9 Jurisdiction. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this Contract or its subject matter or formation.

13.10 Customer information. We will use any information that we may collect about you in accordance with our privacy policy