Terms & Conditions

In General

Ward Performance Ltd. “www.wardperformanceuk.com” owns and operates this website. This document governs your relationship with Ward Performance Ltd. Access to and use of this website and the products and services available through the website (collectively, the "Services") are subject to the following terms, conditions and notices (the "Terms of Service"). By using the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.

The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and Ward Performance Ltd. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of Ward Performance Ltd.

Access to this website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or this entire website.

This website may contain links to other websites (the "Linked Sites"), which are not operated by Ward Performance Ltd. Ward Performance Ltd. has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of use and service contained within each such site.

Privacy Policy

By using this website, you consent to the processing described therein and warrant that all data provided by you is accurate.

Prohibitions

You must not misuse this website. You will not: commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through this website. Breaching this provision would constitute a criminal offense and Ward Performance Ltd. will report any such breach to the relevant law enforcement authorities and disclose your identity to them.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this website or to your downloading of any material posted on it, or on any website linked to it.

Intellectual Property, Software and Content

The intellectual property rights in all software and content (including photographic images) made available to you on or through this website remains the property of Ward Performance Ltd. or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by Ward Performance Ltd. and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this website nor may you use any such content in connection with any business or commercial enterprise.

Terms of Sale

By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.

Dispatch times may vary according to availability and subject to any delays resulting from postal delays or force majeure for which we will not be responsible.

In order to contract with Ward Performance Ltd. you must possess a valid credit or debit card issued by a bank acceptable to us or a valid PayPal account. Ward Performance Ltd. retains the right to refuse any request made by you. If your order is accepted we will inform you by email. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit, debit card or PayPal account used to place your order and that there are sufficient funds to cover the cost of the goods. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.

(a) Our Contract

When you place an order, you will receive an acknowledgement email confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by email that the goods which you ordered have been dispatched to you. Only those goods listed in the confirmation email sent at the time of dispatch will be included in the contract formed.

(b) Pricing and Availability

Whilst we try and ensure that all details, descriptions and prices which appear on this website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a refund for the cost of the product.

Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the 'Total Cost'.

We aim to dispatch orders within 7 working days but delays may occur. We will inform you of such delay and will keep you informed as to the expected delivery date.

(c) Payment

Upon receiving your order, your card or PayPayl account will be debited upon authorisation being received. The monies received shall be treated as a deposit against the value of the goods you wish to purchase. Once the goods have been despatched and you have been sent a confirmation email the monies paid as a deposit shall be used as consideration for the value of goods you have purchased as listed in the confirmation email.

Disclaimer of Liability

The material displayed on this website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law Ward Performance Ltd. and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect Ward Performance Ltd.'s liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.

Linking to this Website

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This website must not be framed on any other site, nor may you create a link to any part of this website other than the home page. We reserve the right to withdraw linking permission without notice.

Disclaimer as to ownership of trademarks, images of personalities and third party copyright.

Except where expressly stated to the contrary all persons (including their names and images), third party trademarks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with Ward Performance Ltd. and you should not rely on the existence of such a connection or affiliation. Any trademarks/names featured on this website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to Ward Performance Ltd.

Indemnity

You agree to indemnify, defend and hold harmless Ward Performance Ltd., its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use of this Website or your breach of the Terms of Service.

Variation

Ward Performance Ltd. shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.

Invalidity

If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.

Complaints

We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.

Waiver

If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

Warranty

Ward Performance Ltd. branded items are guaranteed to be free of manufacturing faults and defects for a period of one year from original date of purchase. For third party products, please refer to their website for full details on the warranty they provide. This does not affect your statutory rights.

Our guarantee covers the repair or replacement (at our discretion) of your product. We will endeavour to do this as quickly as possible. For the guarantee to be honoured you must inform us within 7 days of a faulty on arrival/ incorrect/ damaged in transit or what you suspect to be a manufacturing defect becoming apparent by email to wardperformanceuk@gmail.com and provide proof of your purchase. We may request that you return the item to us.

We do not warrant against normal wear and tear; accidental damage; damage from external sources; failure or damage due to misuse/negligent use; poor maintenance; abuse or neglect; using the product for something other than its intended purpose; faults caused by faulty assembly, installation or adjustment; modifications of the product unless expressly permitted in writing by Ward Performance Ltd.

Corrosion and/or deterioration caused by material fatigue defined as the natural breakdown of materials that occurs after extended use will not be covered under warranty.

Always install, repair and use your product in strict compliance with the product's instructions; failure to do so might damage the products and cause a serious accident.

Warranty is non transferrable and only applies to the original purchaser. Proof of purchase is required with all potential warranty claims

Instructions For Use

It is the responsibility of the customer to follow any and all instructions relating to the use and storage of any products sold by Ward Performance Ltd. These instructions will be included with every product dispatched by Ward Performance Ltd. or available from the Technical Resources page of our website. Ward Performance Ltd. accepts no liability for any damages (including, without limitation, direct, indirect or consequential damages including loss of revenue, loss of profit, loss of opportunity or other loss) incurred as a result of using a Ward Performance Ltd. product if the instructions for use provided are not followed in their entirety.