Spearfishing.co.uk will aim to supply you with gear as quickly as possible.  For most ‘standard’ in-stock items used for UK or bluewater spearfishing we aim to supply you within 1 – 4 days although they may take longer during busier periods. Unusual or bespoke items will take longer – for an updated time frame get in touch. Items available to backorder have an indication of delivery time on the individual product page and our team can offer a more accurate estimate.

We accept payment via Paypal as our preferred method. You can also pay with Klarna and all major credit and debit cards through our checkout process.

Please see these additional pages which are incorporated in our terms:

Delivery and refunds

Privacy

Spearfishing Guidlines

Find our guidelines here for everyday spearfishing and guidelines to rent our kit

Klarna

In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer you the following payment options. Payment is to be made to Klarna:

• Pay in 3
• Pay Later

Further information and Klarna’s user terms you can find here. General information on Klarna can be found here. Your personal data is handled in accordance with applicable data protection law and in accordance with the information in Klarnas privacy statement.

Services

Services such as gun rigging are a form of bespoke customisation and are therefore non-refundable – please see our ‘Delivery and refunds‘ policy page for our full refund terms.

Please note that due to the nature of rigging as a service, minor cosmetic damage such as scratches may occur. Please be assured that our team are experienced and will do everything possible to avoid this, but we cannot guarantee it will not occur.

Rental Equipment

We now offer rental kit. For the time being this will be collection from in store only. We will charge a deposit which will be stated as “Fixed base price” and will be full refunded depending on the state of the item. If the item is damaged but repairable, we will remove what will be considered a fair amount from the deposit for the labour and parts required to fix the item. If the item is damaged beyond repair, or is lost, then the full deposit will be forfeit.

Rental equipment will only be hired out to those over 18 years of age.

The Order constitutes an offer by the Customer to hire the Equipment in accordance with these Conditions. The Customer is responsible for ensuring that the terms of the Order are complete and accurate.

The Contract constitutes the entire agreement between the parties. The Customer acknowledges that it has not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of Spearfishing Ltd which is not set out in the Contract.

Fitness for use is for the Customer to determine, no performance objective is expressed or implied by Spearfishing ltd. The Equipment may appear to offer comparable or similar specifications to other manufacturers’ products but will not necessarily perform identically to such other manufacturers’ products.

A quotation for the Equipment given by Spearfishing ltd shall not constitute an offer. A quotation shall only be valid for a period of thirty (30) days from its date of issue and shall be subject to availability of the Equipment.

The Rental Period shall be as set out in the Order, unless the Contract is terminated earlier in accordance with these Conditions.

The Rental Period may be extended by mutual written agreement of both parties and the daily rate set out in the Order shall apply to any extended Rental Period.

If the Rental Period has not been extended in accordance with clause 3.2 and the Equipment is not returned to Spearfishing Ltd on the return date set out in the Order, the Customer will be charged at the daily rate set out in the Order until the Equipment has been returned to Spearfishing Ltd.

Spearfishing Ltd shall deliver the Equipment to the location set out in the Order or such other location as the parties may agree at any time after Spearfishing Ltd notifies the Customer that the Equipment is ready for delivery.

Delivery dates quoted by Spearfishing Ltd are approximate only, and the time of delivery is not of the essence. It is expressly agreed that Spearfishing Ltd shall not be liable to the Customer for any delay in delivery or of the condition of the Equipment or otherwise.

The Equipment shall at all times remain the property of Spearfishing Ltd, and the Customer shall have no right, title or interest in or to the Equipment (save the right to possession and use of the Equipment subject to these Conditions).

The Customer shall give Spearfishing Ltd immediate notice in the event the Equipment is lost, stolen or damaged as a result of the Customer’s possession or use of the Equipment or if there is a claim or, for any reason, a threat of seizure of the Equipment.

The risk of loss, theft, damage or destruction of the Equipment shall pass to the Customer on delivery of the Equipment to the Customer, or where applicable, the Customer’s appointed agent. The Equipment shall remain at the sole risk of the Customer during the Rental Period and any further term during which the Equipment is in the possession, custody or control of the Customer (“Risk Period”) until such time as the Equipment is returned to Spearfishing Ltd.

The Customer represents and acknowledges that he has requisite knowledge and experience to operate the Equipment.

Spearfishing Ltd representatives may be called upon to provide start up operator training for the Customer, if necessary and requested by the Customer. For the avoidance of doubt, the cost of start-up operator training is not included in the Order and will be quoted separately upon request.

In the event that the Equipment experiences a breakdown due to any defect in materials or workmanship, Spearfishing Ltd’s liability shall be limited to the cost of repair, including parts and labour, to return the Equipment to full working order.

Spearfishing Ltd may, at its sole discretion, extend the Rental Period at no cost to the Customer for the time required to replace or repair the Equipment. Spearfishing Ltd shall not be obligated to bear the costs of Customer’s labour or standby time in connection to any breakdown, nor any costs related to the delay of Customer projects.

Without prejudice to clause 7.4, Spearfishing Ltd’s maximum aggregate liability for breach of the Contract (including any liability for the acts or omissions of its employees, agents and subcontractors), whether arising in contract, delict (including negligence), misrepresentation or otherwise, shall in no circumstances exceed the cost of fulfilling its obligation under clause 7.1.

Nothing in these Conditions shall exclude or in any way limit Spearfishing Ltd’s liability for:

• Death or personal injury caused by its own negligence or the negligence of its employees, agents or subcontractors (as applicable); or

• Fraud or fraudulent misrepresentation.

These Conditions set forth the full extent of Spearfishing Ltd’s obligations and liabilities in respect of the Equipment and its hiring to the Customer. In particular, there are no conditions, warranties or other terms, express or implied, including as to quality, fitness for a particular purpose or any other kind whatsoever, that are binding on Spearfishing Ltd except as specifically stated in these Conditions. Any condition, warranty or other term concerning the Equipment which might otherwise be implied into or incorporated within the Contract, whether by statute, common law or otherwise, is expressly excluded.

Spearfishing Ltd shall not be liable to the Customer for any:

1. • Loss of profit;
   • Loss of revenue;
   • Loss of business;
   • Indirect or consequential loss or damage

The Customer shall during the term of the Contract:

• at its expense and at all times during the Rental Period, keep and maintain the Equipment in good and substantial repair, condition and appearance in order to keep it in as good an operating condition as it was on the commencement date of the Contract (fair wear and tear only accepted);
• use all Equipment only for the purposes for which it was designed and operate in a careful, prudent manner and in accordance with the instructions for use;
• comply with all laws, regulations, rules or ordinances of lawfully constituted authorities relating to the possession, use, storage and transport of the Equipment;
• maintain effective control of the Equipment and keep the Equipment in a secure and suitable environment when not in use;
• ensure that the Equipment is operated only by suitably competent persons, duly instructed on its safe operation in accordance with manufacturer’s operating manuals, instructions and safety warnings;
• obtain any required licenses or other authorisations necessary for the use, registration or handling of a specific piece of equipment or technology, and ensure that it complies fully with all relevant legal requirements. Spearfishing Ltd reserves the right to request proof of any such authorisations prior to the commencement of the Rental Period;
• (where applicable) obtain any required licenses or other authorisations necessary for export, re-export and the return of the Equipment;
• ensure that no unauthorised transfers or diversions of the Equipment occurs;
• if the Equipment is being transferred to countries where any regulatory authority requires details of the intended use of the Equipment, the Customer shall upon request, provide Spearfishing Ltd with an “End User Statement”;
• where applicable, not allow the Equipment to be transferred to countries prohibited by the Department of Trade or the U.S Bureau of Foreign Commerce;
• not remove, alter, disfigure or cover up any numbering, lettering or insignia displayed upon the Equipment or any warnings or documentation thereon;
• not copy or reproduce in any way or manner the Equipment or any part or component of the Equipment;
• not perform, or allow any person to perform, any work in or upon or make modifications, changes, alterations or repairs to the Equipment other than routine daily maintenance;
• allow Spearfishing Ltd or its representatives to inspect the Equipment at all reasonable times and for such purpose to enter upon the site or any premises at which the Equipment may be located, and shall grant reasonable access and facilities for such inspections;
• keep the Equipment free from any liens, claims, charges and encumbrances during the Rental Period;
• keep Spearfishing Ltd fully informed of all material matters relating to the Equipment;
• deliver up the Equipment at the end of the Rental Period or on earlier termination of the Contract at such address as Spearfishing Ltd requires, or if necessary allow Spearfishing Ltd or its representatives access to the site or any premises where the Equipment is located for the purpose of removing the Equipment. The Customer shall pack the Equipment utilising the standard packaging materials, where applicable; and
• not do or permit to be done anything which could invalidate the insurances referred to in clause 10.

The Customer agrees to indemnify and hold Spearfishing Ltd and its directors, officers, employees and agents, harmless from and against all liability and expenses (including legal costs on a full indemnity basis) howsoever arising or incurred, in respect of:

• Loss of or damage to property of the Customer whether owned, leased or hired, arising from, relating to or in connection with the performance or non-performance of the Contract; or
• Injury to, or death of any person employed or engaged by the Customer arising from, relating to or in connection with the performance or non-performance of the Contract.

The customer is recommended to take out their own insurance when in recipient of the equipment up until Spearfishing Ltd receive the equipment back.

The Customer shall give immediate written notice to Spearfishing Ltd in the event of any loss, accident or damage to the Equipment arising out of or in connection with the Customer’s possession or use of the Equipment.

The Customer shall, upon request of Spearfishing Ltd, provide Spearfishing Ltd with certificates of insurances evidencing the coverage required at clause 10.1. If the Customer fails to place or maintain insurances or provide satisfactory evidence thereof Spearfishing Ltd may refuse to provide the Equipment. If the Customer is self-insured, it shall furnish, upon request, written evidence of such fact to the satisfaction of Spearfishing Ltd. The provision of any insurance required herein does not relieve the Customer of any responsibilities or obligations outlined in the Contract or for which the Customer may be liable by law or otherwise.

The final invoice amount will be based on the actual return date of the Equipment. If the Equipment is returned later than the return date specified in the Order, the Customer will be charged at the daily rate set out in the Order until the Equipment has been returned to Spearfishing Ltd.

If the Customer fails to make any payment due to Spearfishing Ltd under the Contract by the due date for payment, then, without limiting Spearfishing Ltd’s remedies under clause 12, the Customer shall pay interest on the overdue amount at the rate of 2.5% per month. Such interest shall accrue on a daily basis from the due date until actual payment of the overdue amount, whether before or after decree. The Customer shall pay the interest together with the overdue amount.

For any Rental Period exceeding thirty (31) days, Spearfishing Ltd shall be entitled to invoice the Customer in arrears, at the end of each complete month.

Upon return of the Equipment the final invoice will be prepared and submitted and will represent the outstanding charges for the total Rental Period, as well as any applicable charges.

All amounts due under the Contract shall be paid in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).

Any dismantling, packaging, transportation and/or shipping charges not included in the Contract, shall be borne by the Customer.

In addition to the Rental Payment(s) specified in the Order, Spearfishing Ltd has in the relevant circumstances the right to apply additional charges:

• for loss of or damage to the Equipment as a result of any failure by the Customer to comply with these Conditions;
• if the Equipment is damaged and it can be repaired, for loss of rental income during the period the Equipment is being repaired, provided such additional charges shall cease when the Equipment is returned to full working order;
• if the Equipment is damaged and cannot be repaired (i.e. it is written off) or the Equipment is lost or stolen, for loss of rental income during the period from the date the Equipment is damaged, lost or stolen to the date Spearfishing Ltd receives an amount equal to full replacement value of the Equipment;
• for outward delivery and/or collection of the Equipment, including any dismantling, packaging, transportation and shipping charges; and
• for Spearfishing Ltd’s packaging materials if such materials are not returned to Spearfishing Ltd at the end of the Rental Period or on earlier termination of the Contract;

Spearfishing Ltd shall invoice the Customer for any Additional Charges in accordance with clause 11 and VAT (and any other applicable taxes) shall be applied to any Additional Charges.

A waiver of any right or remedy under the Contract or law is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. 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.

Our website is only intended for use by adults. Adults may purchase products for minors provided that the products purchased are intended by the manufacturer for use or consumption by minors and it is lawful to purchase such products for them.

We make every effort to ensure that the pricing displayed on our website is correct. However, if an error in the pricing of a product is found we reserve the right to either cancel your order or contact you to arrange payment of any extra sum due or refund any over-payment made by you (as applicable). The processing of an order can be cancelled or corrected by us at anytime up to the shipment of that order and any related items. We reserve the right to alter all product pricing without notice.

If you are ordering a product from outside the UK the recipient of the product is responsible for all customs duties or tariffs incurred in the country to which the products are shipped. Furthermore your order may be subject to delay or be opened and searched by local customs authorities when entering the destination country. Please note we are unable to provide specific advice on customs duties or tariffs.

Parcels for delivery outside the UK will not be insured for any damage or loss. Insurance can be purchase separately.

We make every effort to ensure that products are described accurately on our website and photos accurately represent the products offered. However, there may be minor differences between the product you receive and the photograph. This may happen, for example, because a manufacturer has updated their product since it was initially listed.

Use of our website

The following terms and conditions apply to the use of this website. Please read them carefully before using this website. Your continued use of this website is deemed to be acceptance of these terms and conditions. If you do not agree to these terms and conditions, you must not continue to use this website.

About us/contact

https://www.spearfishing.co.uk is a website owned and operated by Spearfishing Limited trading as Spearfishing UK.

Spearfishing Limited is a company established in England and Wales under Company no. 08666492. VAT number 328 3178 94. Unit H, St Austell Bay Business Park. Par Moor Road, Par, Cornwall. PL25 3RF.

To contact us please email enquiries@spearfishing.co.uk or phone 01726 213290.

Other terms and conditions that may apply

These terms and conditions are in addition to:

• Our Privacy Policy which can be found here: Privacy Policy
• Our Delivery and Refunds policy which can be found here: Delivery and Refunds

Changes to our terms and conditions

We may amend these terms and conditions without notice. You should therefore read these terms and conditions each time you visit this website to ensure that you understand and accept the terms and conditions that apply at the time of your visit.

These terms were last updated on: 27th May 2021

Provision of this website

This website is available for use without charge.

We may make changes or additions to this website from time to time without giving notice.

We may also suspend this website or remove it altogether without giving notice.

We make no guarantees that this website or its contents will be available at any time.

Application

The contents of this website have been prepared for users in England, UK.

We make no guarantees that this website will be available or suitable for users in other jurisdictions.

Accuracy

The contents of this website are provided for general information purposes only. Whilst we make every effort to ensure their accuracy, no guarantees are made.

We make no guarantees, warranties or representations, express or implied, that the contents on this website are complete or up to date.

This website is not a substitute for professional advice. You should obtain professional advice before acting on, or refraining from action as a result of, the content of this website.

Login and password

If you register with this website and are provided (or choose) a password or other identifying information, you must treat this information as confidential and not disclose it to third parties.

If you know or suspect that someone has this information without your permission, please contact us.

We reserve the right to disable any user’s account at our complete discretion without giving notice.

Use of website contents

We own the intellectual property rights to or a licence for all content on this website. Our content is protected by copyright laws globally. All rights are reserved.

As a user of this website you may:

• Download any page for your own personal use
• Print any page for your own personal use

You may not:

• Modify copies of this content that have been downloaded and/or printed
• Use any pictures or other media separately from the accompanying text
• Use any of our content for commercial purposes other than as set out above without first obtaining our written permission
• Distribute any of our content (whether by printed media, video, audio, website or some other means and whether for payment or otherwise) without first obtaining our written permission

If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

External websites

From time to time we may link to other websites and resources. These links are provided for your information only. By linking to an external website, we are not approving of its contents. We are not able to control the contents of any external websites or resources.

User generated content

Where this website contains content that has been generated by our users such as user contributed blog posts, we make no guarantees as to its accuracy. The views that others have expressed on this website may not represent our views.

If you discover information on this website that is inaccurate or offensive, please contact us.

Liability for loss or damage

All liability for loss or damage caused by the use of this website or reliance on its content is excluded to the fullest extent permitted by law.

Nothing in these terms and conditions are intended to exclude liability for death or personal injury caused by our negligence or the negligence of our employees or agents.

Contributing to this website

If you upload content or contribute to this website, you will be responsible for any loss or damage we suffer as a result of your content, however caused. This includes but is not limited to copyright claims against us in respect of the content that you upload. By uploading content or contributing to this website, you agree that we may disclose your identity or information that we hold about you to any third party who claims that your content infringes their intellectual property or other legal rights.

You retain rights in your content, but you agree to grant us a licence to use, store and copy your content and additionally to distribute it and make it available to third parties.

Viruses

Our site includes a number of documents and files available for download. We do not guarantee that this content is free from bugs or viruses.

You are responsible for using your own virus protection software to satisfy yourself that the content you are downloading is safe and free from any virus.

Linking

You may link to any page on this website provided that you do so in a way that does not damage this website’s reputation or harm its search engine rankings. An example of an acceptable link would be a link within an editorial piece.

We do not allow this website to be framed on any other site.

We reserve the right to withdraw permission to link to this website without notice.

Disputes

These website terms and conditions are governed by English law. By your continued use of this website, you agree that the courts of England and Wales have exclusive jurisdiction in the event of any dispute.

Headings

The headings to clauses contained in these terms and conditions are inserted for convenience only and do not form part of or affect the interpretation of these terms.

Interpretation

In these terms use of the singular includes the plural (and vice versa) and reference to any gender includes all genders.

Any reference to a person shall include a firm or limited company.

Severability 

Any provision in these terms and conditions that is prohibited or becomes unenforceable under the laws of any jurisdiction which affects the performance or enforceability of these terms and conditions shall, with respect to that jurisdiction, be ineffective to the extent of the prohibition or unenforceability but without invalidating the remaining provisions of these terms and conditions nor shall it affect the validity or enforceability of that provision in any other jurisdiction.

Waiver

The failure by a party to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect the right of that party subsequently to enforce that provision.

Updated 19.11.2021