Introduction to our Terms and Conditions
We have two sets of terms and conditions, one for consumers (non-business) and one for business customers.
In the event of any conflict between these Consumer Terms and Conditions and the Business Terms and Conditions, the version applicable to the type of customer placing the order shall prevail.
This page was last updated on: 16th Dec 2025.
Consumer Terms and Conditions
The set of Terms and Conditions below apply to any customers placing orders with Narked at 90 Ltd through consumer (not business) transactions:
Definitions
"Narked at 90" refers to Narked at 90 Ltd. The Website refers to www.narkedat90.com. "Consumer" refers to any user of the website or other communications with Narked at 90 who is intending to purchase goods and/or services through a Consumer (not business) transaction, and those who have purchased goods and/or services through the aforementioned methods. "Working day" means a day (other than a Saturday or Sunday) on which banks are open for business in the City of London, United Kingdom. The "cooling-off" period is defined by the UK's Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 as lasting for 14 (fourteen) days from receipt of goods.
1. Ownership
1.1 Title (ownership) to the goods passes to the Consumer only when the goods have been delivered and we have received full payment.
1.2 We will only discuss the details of an order with the named Consumer on the account, for data protection and security purposes.
1.3 These Consumer Terms and Conditions apply to all Consumer transactions received by Narked at 90 via the telephone, Internet, mail and email. These Consumer Terms and Conditions form part of the Contract once we have accepted the Consumer's order (usually when we send the dispatch confirmation email). Consumers should read these carefully and make a copy for future reference. These Consumer Terms and Conditions do not affect any Consumers' statutory rights.
2. Description of goods
2.1 Narked at 90 illustrates certain products with photos and/or video on their website. It is possible some minor variations may arise in the appearance of actual products due to lighting conditions and other external factors. This does not affect your right to goods that match their description.
2.2 Personalised or customised items are exempt from the right to cancel under the Consumer Contracts Regulations 2013 and cannot be returned unless they are faulty or not as described.
3. Product & pricing information
3.1 A number of product specifications, images and other information published in our advertisements and on our website have been produced by suppliers, manufacturers and publications. Narked at 90 tries to ensure the accuracy of such information and prices described, published or quoted. In the event of any errors, we endeavour to correct these immediately. Where a pricing error is obvious and unmistakable and could reasonably have been recognised as a mispricing, we are not obliged to supply goods at the incorrect price.
3.2 All prices quoted on our website are shown without delivery charges, which will be calculated at the checkout.
3.3 We advise Consumers to keep their box and packaging in the event of having to return the product for any reason.
4. Availability
4.1 All products and services are subject to availability and may be withdrawn at any time.
4.2 If we cannot supply the goods within the timeframe expressly agreed with the Consumer, or within 30 (thirty) days where no timeframe is specified, the Consumer may cancel the Contract in respect of the affected goods and will receive a full refund of any sums paid for those goods.
4.3 If the Consumer cancels under clause 4.2, we will refund all sums paid for the affected goods without undue delay and in any event within 14 (fourteen) days of the cancellation. If the goods have already been delivered, the refund will be made within 14 (fourteen) days of our receipt of the goods back or of receiving evidence that the Consumer has returned them, whichever is earlier. Due to money laundering regulations, refunds are typically made using the same means of payment that the Consumer used for the initial transaction, unless otherwise agreed.
4.4 We will not be liable for any losses arising from delay where the goods are delivered within the 30 (thirty) day period referred to above, or within any alternative delivery timeframe expressly agreed with the Consumer, except to the extent required by the Consumer Rights Act 2015.
5. Payment
5.1 Narked at 90 accepts all major credit/debit cards including Visa and MasterCard. Consumers must provide us with their exact billing address and telephone number, which must match the ones held with their credit/debit card company. Any incorrect information given will cause delays in the Consumer's order being processed.
5.2 Orders will only be processed once an authorisation code has been received. Cheques and postal orders take a minimum of 10 (ten) days from receipt until payment has cleared, and goods will not be dispatched until funds have cleared.
5.3 On orders involving a credit card payment, we reserve the right to deliver to the address the credit card is registered to.
5.4 For items sent to us where the Consumer has requested an out-of-warranty repair, the Consumer should submit payment to Narked at 90 within a specified period from receiving the item(s), as required by the UK's Torts (Interference with Goods) Act 1977. Our specified period is 4 (four) months. We will make reasonable attempts to contact the Consumer over this period. If payment is not received within this period, we reserve the right to dispose of the goods to recover our costs, in accordance with the Torts (Interference with Goods) Act 1977. We will provide the Consumer with the statutory notice required by the Act before taking such action.
5.5 If a Consumer's credit/debit card has been charged and we subsequently cancel their order, we will immediately issue a refund to their credit/debit card.
6. Delivery
6.1 Delivery of all products available in stock, will be completed to the Consumer's delivery address (usually to the front door unless the carrier or Consumer specifies otherwise) in the UK mainland only. This does not affect the Consumer's statutory rights.
6.2 Consumers are advised that on the acceptance of their delivery, if they are unable to check the contents on delivery, they may sign the delivery note 'UNCHECKED'. Consumers are not required to open and inspect goods at the point of delivery and this does not affect their statutory rights.
6.3 If an item is returned to us due to a failed delivery then a re-delivery charge will be applied to the Consumer's account. This charge must be settled before the item is re-dispatched.
6.4 For remote areas of the United Kingdom, such as the areas in the Highlands and Islands of Scotland, deliveries may be subject to slightly longer delays. Consumers should please check when ordering.
6.5 We will endeavour to deliver goods to Consumers within times stated to them, but goods are subject to availability and sometimes delays are outside our control. We will not be liable for any losses, costs, damages, charges, or expenses arising from delay in the delivery of the goods except where required by law.
6.6 Narked at 90 does not accept any responsibility for shipment delays due to customs issues and/or for any excise duties levied on a consignment. These are issues beyond the control of Narked at 90.
6.7 Regarding failed deliveries of products which have been returned to us a second time, the product may be returned to stock at our discretion. Any refund may be subject to a reasonable deduction to reflect costs directly incurred by us as a result of the failed deliveries.
6.8 Where the carrier is unable to proceed with delivery to the Consumer as requested, or where transit has come to an end, we shall use reasonable endeavours to notify the Consumer of any undelivered or unclaimed goods. Unless the goods are collected or instructions are given for its disposal within 30 (thirty) days of notice being given, under the UK's Torts (Interference with Goods) Act 1977, Narked at 90 reserves the right to sell the goods after sending clear and reasonable notice to the Consumer, sending the proceeds of the sale to the Consumer with our costs deducted.
7. Shipping
7.1 Shipping will be carried out by the Consumer's choice of our assigned carriers shown in the checkout process, where costs will also be detailed.
8. Acceptance & risk
8.1 We will only deliver goods to the shipping address specified by the Consumer on their order.
8.2 From the time of receipted delivery of the goods, any loss or damage to the goods shall be at the Consumer's risk.
8.3 We recommend the Consumer should note visible transit damage on the delivery note, although failure to do so does not affect the Consumer's statutory rights.
9. Faults & repairs
9.1 Consumers have a statutory right to reject faulty goods within 30 (thirty) days of delivery. After 30 (thirty) days and within 6 (six) months, Consumers are entitled under the Consumer Rights Act 2015 to a repair or replacement and any faults are presumed to have been present at delivery unless we can prove otherwise.
9.2 Consumer complaints may be sent by letter, email (info@narkedat90.com) or telephone. For cancellations under the cooling-off period, Consumers may use this model cancellation form (either printed or digital), though this is not obligatory. This should be done within the periods set out in the previous clause.
9.3 If a dispute arises that we cannot resolve directly with the Consumer, please note that Narked at 90 is not obliged to submit to an Alternative Dispute Resolution (ADR) procedure, unless required by specific regulation.
10. Product guarantees
10.1 All products supplied are covered by the Terms and Conditions of the manufacturer's guarantee and are covered by the stipulated guarantee period.
10.2 Consumable products carry a maximum of 3 (three) months guarantee, i.e. batteries, O-rings. This guarantee specifically excludes faults by accident, neglect and misuse, but does not affect the Consumer's statutory rights regarding pre-existing faults or manufacturing defects. Manufacturer warranties are in addition to the Consumer's statutory rights. Please note, computer cable assemblies are not covered against flooding, as this is a result of the O-ring failure of the computer they are connected to.
11. Under guarantee repairs
11.1 Any product that develop faults should be reported by the Consumer to our customer services. A returns form will be issued that needs to be filled in, which is mandatory for customs procedures (where applicable). The Consumer should email this back when complete and include a printed copy to send in with the item.
11.2 Goods being returned to us must be securely packaged. We advise all Consumers that if they are packaging the goods for return; we recommend that the original box and packaging material should be used where available, as, should the goods be packaged in a negligent manner, then they will be responsible for any damage that may be sustained during transit.
12. Returned goods
12.1 All consumers have the right to cancel their order within 14 (fourteen) days of physical possession of the goods, or, in the case of multi-item orders, from the last item, without giving a reason (as this is the 'cooling-off' period). An exception here is if the item has been in water, after this point it can never be used as new goods again.
12.2 To exercise the right to cancel, Consumers must inform us of their decision by a clear statement. To ensure efficient processing of your return, we strongly recommend you contact us to obtain an Authorised Returns Number (ARN) and complete our online returns form before sending goods back. While this is not mandatory, returning goods without an ARN or completed form may result in significant delays in processing your refund if we are unable to identify the return. We prefer the Consumer uses the contact form provided on our website, but it is not obligatory as a letter sent by post, fax, or email, or by telephone will also suffice. Consumers have 14 (fourteen) days from receipt to notify us, and a further 14 (fourteen) days to return the goods.
12.3 When Consumers outside the United Kingdom want to return goods to us, they will need to contact us for an Authorised Returns Number (ARN) and complete our online returns form before sending the goods back, because packages will be turned back at the UK border without a returns form.
12.4 If a Consumer exercises their right to cancel such goods under the cooling-off period, we will refund all payments received from the Consumer, including the cost of standard outbound delivery, within 14 (fourteen) days of receiving the goods back or of receiving evidence that the Consumer has returned them, whichever is sooner. Exceptions to this clause include sealed software, discs and tapes which have been opened, plus digital downloads. These will remain the property of the Consumer and will not be credited. Consumers lose the right to cancel digital content once download or activation begins, or a code or download has been issued, provided they have given express consent and acknowledged that this means they will lose their right to cancel.
12.5 The Consumer is liable to pay return postage when cancelling under the cooling-off period.
12.6 The regulations impose a responsibility on the Consumer to take reasonable care of any goods that have been supplied. The obligation applies before as well as after the Consumer has given the notice of cancellation.
12.7 Should the goods be returned without their original box and packaging, the courier may not insure the goods against damage. Consumers should ensure adequate packaging and, where arranging their own return, adequate insurance.
12.8 We may make a deduction from the refund for any loss in value resulting from handling the goods beyond what is necessary to establish their nature, characteristics, and functioning, in accordance with the Consumer Contracts Regulations 2013.
12.9 Goods returned outside the cooling-off period or that do not meet the criteria in this section may be rejected or returned to the Consumer at their cost.
12.10 If under the cooling-off period, a Consumer wishes to have the goods returned, we can offer collection for the return of the goods at cost to the Consumer. Alternatively, the Consumer can arrange their own method of returning the goods to Narked at 90. If a Consumer is arranging their own return, they need to take out adequate insurance on the goods should they be damaged in transit.
12.11 In the case of digital download, the Consumer has no right to cancel once a code has been e-mailed or communicated to them through other methods.
13. Software
13.1 In regards to products manufactured by Narked at 90, the product and any accompanying software is owned by Narked at 90. All rights in the product and software including the End User License Agreement, copyrights, licensing rights, patents, trademarks, trade secrets, design rights, engineering rights, moral rights, and any other intellectual property rights belong to Narked at 90. These rights are not transferred as part of these Consumer Terms and Conditions. No part of the product including the End User License Agreement, may be reproduced, published, transmitted electronically, mechanically or otherwise, transcribed, stored in a retrieval system or translated into any language in any form, by any means, for any purpose other than the purchaser's personal use, without the express written permission of Narked at 90.
13.2 By installing or using the software, the Consumer agrees to the terms of the accompanying End User Licence Agreement (EULA). This clause does not extend or alter the Consumer's statutory rights in relation to the sale of the product.
13.3 If there is any conflict between these Consumer Terms and Conditions and any other agreement between the Consumer and Narked at 90 relating to the sale of the product, these Consumer Terms and Conditions will prevail to the extent permitted by law.
13.4 Information contained in the product is subject to change without notice and does not represent a commitment or contracted obligation on the part of Narked at 90.
13.5 Consumers may not copy, sublicence, rent or distribute the software. This does not prevent the resale or transfer of the physical product where permitted by law.
13.6 Consumers are expressly forbidden from making alterations or modifications to, merge, adapt, de-compile, disassemble, reverse engineer, or attempt to discover the source code without the express written permission of Narked at 90. The product may not be used in any way for commercial gain except where permitted by law (e.g., interoperability).
13.7 To the fullest extent permitted by law, Narked at 90 shall not be liable for any indirect or consequential loss. However, nothing in these Consumer Terms and Conditions excludes or limits our liability for: (a) Death or personal injury caused by our negligence; (b) Fraud or fraudulent misrepresentation; (c) Any breach of the terms implied by section 12 of the Sale of Goods Act 1979; (d) Defective products under the Consumer Protection Act 1987; or (e) Any other liability that cannot be excluded by English law.
14. Oxygen cells
14.1 Narked at 90 is happy to supply sensors to a Consumer's specification. The specification of these items and their quality remain the responsibility of the Consumer insofar as they relate to uses outside the manufacturer’s specification. It is important the Consumer understands and recognises the sensor sub assemblies that our supplier procures were initially designed for use in atmospheric gases at 1 Bar pressure. Neither the manufacturer nor supplier or Narked at 90 have the facilities, or rebreather knowledge to test these sensors for use in rebreathers.
14.2 Narked at 90 has been advised by rebreather manufacturers that in an underwater environment these sensors are likely to encounter extreme conditions such as moisture and Oxygen Partial Pressures to 2 Bar. Therefore, Consumers acknowledge they are using these sensors experimentally or at their own risk for all applications outside the manufacturer's specification and recommendations. This does not limit our liability for defective goods supplied.
14.3 Without deviating from the basic specification, a hydrophobic membrane is available. This helps to disperse excess moisture on the surface of the sensor. The internal PCB will be coated with a conformal coating to help protect it from moisture. The internal PCB has two 2mm holes and the outer case can have a 1mm hole so that pressure can be equalised on the front and rear membranes. Narked at 90 and the supplier expect the Consumer/manufacturer to carry out all fit-for-purpose tests required before these sensors are used underwater.
14.4 For Consumers, the sensors supplied will have standard limited warranty and will be of satisfactory quality. Consumer purchase of oxygen cells from Narked at 90 is on the express condition that a Consumer understands and agrees to these Terms and Conditions. If a Consumer does not agree with any part of these Consumer Terms and Conditions, they must not use the cell(s), and they may return the items unopened and unused for a full refund.
14.5 This section does not affect the Consumer's statutory rights, including their right to receive goods that are of satisfactory quality and fit for purpose when used in accordance with the manufacturer’s specifications.
15. Free gift offers
15.1 Narked at 90's website will have occasional promotional periods in which we will advertise a promotional free gift to Consumers with orders over a specified financial threshold.
15.2 Narked at 90 reserves the right to end a promotional period without notice.
16. Other conditions
16.1 Consumers will receive an invoice on receipt of the goods. Copies are available to Consumers by emailing info@narkedat90.com .
16.2 Failure by Narked at 90 to enforce any of these Consumer Terms and Conditions will not affect their right to enforce the rest of these Consumer Terms and Conditions.
16.3 These Consumer Terms and Conditions may be updated from time to time, but any changes will not affect orders already placed.
16.4 Many components on this site may be used as part of other equipment. If a Consumer buys and chooses to use any of the items on this site by incorporating them into other equipment, they must ensure they are adequately tested and checked to ensure they are safe and suitable for the intended purpose. Deployment of inadequately checked/tested items could result in serious injury or death. This does not affect the Consumer's statutory rights.
16.5 These Consumer Terms and Conditions apply to Consumer transactions. Nothing in them affects the Consumer's statutory rights.
16.6 Neither party shall be liable for any failure to perform or delay in performance of any of its obligations under these Consumer Terms and Conditions caused by circumstances beyond the reasonable control of that party, including but not limited to adverse weather conditions, natural disasters, fires, floods, explosions, earthquakes, nuclear disasters, insurrection, riots, acts of terrorism, war, and acts of Government - a "Force Majeure Event". A party should notify the other party within 7 (seven) days of the Force Majeure event starting.
16.7 In the event of a Force Majeure Event, the affected party's performance under these Consumer Terms and Conditions shall be suspended for the period that the Force Majeure Event continues and the party will have a reasonable extension of time for performance of its obligations in the circumstances.
16.8 If the Force Majeure Event continues for more than 30 (thirty) consecutive days, the unaffected party may terminate this agreement with immediate effect.
16.9 Narked at 90's privacy policy statement is located at https://www.narkedat90.com/privacy-policy . This policy governs the processing of personal data relating to all Consumers interacting with Narked at 90 and outlines our legal commitments to General Data Protection Regulation (GDPR) legislation.
16.10 These Consumer Terms and Conditions are governed by the laws of England and Wales.
Business Customer Terms and Conditions
The set of Terms and Conditions below apply to any business customers placing orders with Narked at 90 Ltd through business (not consumer) transactions:
Definitions
"Narked at 90" refers to Narked at 90 Ltd. "The Website" refers to www.narkedat90.com. "Business Customer" refers to any organisation, company, partnership, sole trader or individual or other entity purchasing goods or services from Narked at 90 in the course of business. "Working day" means a day (other than a Saturday or Sunday) on which banks are open for business in the City of London, United Kingdom. "Contract" refers to the agreement formed under these Business Terms and Conditions.
1. Ownership
1.1 Title to the goods passes to the Business Customer only when payment in full has been received.
1.2 Risk in the goods passes upon delivery as defined in clause 9.2.
1.3 We will only discuss orders with the named Business Customer for security and data-protection reasons.
1.4 Until title passes, the Business Customer shall store the goods separately, keep them identifiable, and permit us to enter their business premises to recover the goods if payment is overdue.
2. Description of Goods
2.1 Narked at 90 may illustrate products with images or videos. Minor variations may arise.
2.2 Personalised or customised items may not be cancelled once manufacturing has begun, except at our discretion.
3. Product & pricing information
3.1 Product specifications, images, and information may originate from third-party suppliers or manufacturers. We endeavour to ensure accuracy and may be updated at any time.
3.2 Prices shown on our website exclude delivery, VAT (where applicable), and any applicable duties, unless otherwise stated.
3.3 Business Customers must inspect goods promptly upon delivery and in any event within the timeframe specified in clause 10.1.
4. Availability
4.1 All products and services are subject to availability and may be withdrawn at any time.
4.2 If we cannot supply goods within the agreed timeframe, the Business Customer may cancel the delayed items only. We shall not be liable for any indirect or consequential losses resulting from delay.
5. Payment
5.1 Payment must be made in full prior to dispatch unless otherwise agreed in writing.
5.2 Where credit accounts are granted, payment is due within the agreed credit period. Late payments will incur statutory interest and compensation under the Late Payment of Commercial Debts (Interest) Act 1998.
5.3 We may withhold further deliveries where any invoice remains unpaid.
5.4 For out-of-warranty repairs, payment must be made within 4 months under the Torts (Interference with Goods) Act 1977. After this period, goods may be disposed of after statutory notice.
5.5 If payment has been taken for a cancelled order, a refund will be issued.
5.6 In the event of incorrect pricing or description, we may cancel the order and offer the goods at the corrected price.
6. Delivery
6.1 Delivery is arranged using the shipping method selected at checkout. Business Customers may sign 'Unchecked'.
6.2 Failed deliveries resulting in return will incur a redelivery charge.
6.3 Remote areas may experience longer delivery times.
6.4 We shall not be liable for delays outside our reasonable control.
6.5 Customs duties or delays are the responsibility of the Business Customer.
6.6 Goods returned after two failed deliveries may be restocked at our discretion and any associated costs charged to the Business Customer.
6.7 Undelivered goods held for over 30 (thirty) days may be disposed of after notice under the Torts (Interference with Goods) Act 1977.
7. Shipping
7.1 Shipping is carried out through our approved carriers, chosen at checkout.
8. Acceptance & risk
8.1 Goods are delivered to the Business Customer's specified address.
8.2 Risk passes to the Business Customer at the point the goods are handed to the carrier, whether appointed by Narked at 90 or by the Business Customer. Risk also passes when goods are collected by the Business Customer or their appointed carrier.
8.3 Any visible damage must be noted on the delivery note.
9. Faults & repairs
9.1 Business Customers must notify us of shortages, damages or incorrect goods within 3 (three) working days.
9.2 Unless otherwise stated, goods are supplied under the manufacturer's warranty only.
9.3 Narked at 90 excludes all implied terms of satisfactory quality or fitness for purpose and all such exclusions shall apply only to the extent permitted by the Unfair Contract Terms Act 1977.
10. Product guarantees
10.1 All products are supplied with the manufacturer's warranty only.
10.2 Consumables (e.g., batteries, O-rings) carry a maximum of 3-month warranty. Flooding or misuse is excluded.
11. Under guarantee repairs
11.1 Faults must be reported and a returns form completed.
11.2 Goods must be packaged securely; damage caused by inadequate packaging is the Business Customer's responsibility.
12. Returned goods
12.1 Business Customers have no automatic right to cancel orders once placed.
12.2 Returns are accepted only:
- with our prior written agreement, and
- subject to a restocking fee of 15–30% depending on condition and product type.
12.3 Returned goods must be unused, complete, and in original packaging.
12.4 Return shipping and insurance are the Business Customer's responsibility.
12.5 Returned goods remain at the Business Customer's risk until received and inspected by us.
12.6 Digital products (e.g., VPM unlock codes) cannot be cancelled or refunded once delivered.
13. Software
13.1 All intellectual property rights in the software and related materials remain with Narked at 90 or its licensors.
13.2 Business Customers may use software only under the End User Licence Agreement (EULA).
13.3 No copying, sublicensing, reverse engineering, or modification is permitted without written permission except to the extent expressly permitted by law for interoperability purposes.
13.4 Nothing in this contract transfers intellectual property rights.
14. Oxygen cells
14.1 Specifications are the responsibility of the Business Customer.
14.2 Use outside manufacturer specification is at the Business Customer's own risk.
14.3 It is the sole responsibility of the Business Customer to test suitability for all intended applications.
14.4 Warranty is limited to manufacturing defects only.
15. Free gift offers
15.1 Promotional free gifts may be offered at our discretion.
15.2 We may withdraw promotions at any time.
16. Other conditions
16.1 Digital downloads cannot be cancelled once delivered.
16.2 Invoices are issued on dispatch.
16.3 Failure to enforce any clause does not constitute a waiver.
16.4 These Terms may be updated but will not apply retrospectively.
16.5 Business Customers are responsible for assessing suitability of components incorporated into other equipment.
16.6 Nothing limits liability for:
- death or personal injury caused by negligence
- fraud or fraudulent misrepresentation
- defective products under CPA 1987
- any liability that cannot be excluded under English law
16.7 Our total aggregate liability arising out of or in connection with this Contract (whether in contract, tort, negligence, or otherwise) shall not exceed the total price paid for the specific goods or services giving rise to the claim. This limitation does not apply to the liabilities listed in clause 16.6.
16.8 We shall not be liable for any failure to perform caused by a Force Majeure event.
16.9 If a Force Majeure event lasts beyond 30 days, either party may terminate.
16.10 Narked at 90's privacy policy statement is located at https://www.narkedat90.com/privacy-policy . This policy governs the processing of personal data relating to individuals acting on behalf of Business Customers interacting with Narked at 90 and outlines our legal commitments to UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018.
16.11 These Business Terms and Conditions are governed by English law, and the courts of England and Wales have exclusive jurisdiction.
16.12 If any provision of this Contract is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
16.13 The Business Customer acknowledges that it is not relying on any representations, warranties, or statements other than those expressly set out in this Contract.
16.14 This Contract constitutes the entire agreement between the parties and supersedes all prior discussions or representations.
