TERMS & CONDITIONS
You are viewing these Terms of Sale (“Terms) because you are using a Golf-ER website or mobile app (“Platform”).
When placing an order on the Platform, these are the terms and conditions under which we supply the products you have ordered (“Products”) to you.
Golf-ER may revise these Terms without notice by posting revised terms on the Platform. The Terms posted on the Platform at the time you place your order are the Terms that apply to your order. These Terms will provide information on who we are, how we will provide the Products to you, how the contract may be changed and other important information. Please read these Terms carefully before placing an order on the Platform.
ORDERYou may only purchase Products through the Platform if you are:
Old enough under applicable law to enter into a legally binding contract with us. For example, in the UK, you must be at least 18 years old; and You are an authorised user of the credit or debit card or payment account used to pay for your order.
DETAILS ABOUT YOUR ORDER: Once you have placed your order, you should receive an email acknowledging receipt of your order. Please note that this does not mean that your order has been accepted. Our acceptance of the order takes place once the Products are shipped to you. At this point, a binding contract between you and us is formed, incorporating these Terms (“Contract”). If we are unable to supply you with any of the Products, we will inform you in writing. As soon as you place your order, we start to process your order which means you will not be able to change it before delivery, but you may be able to return your Products under clause 10 or 11 of these Terms. From time to time we may make minor changes to a Product to reflect changes in relevant laws and regulatory requirements.
OUR RIGHT TO CANCEL YOUR ORDER: Fulfilment of all orders on the Platform are subject to availability and acceptance by us. We explicitly reserve the right not to accept your order for any reason. We also reserve the right to cancel a Contract by written notice to you in the following situations, without being liable for any damage or costs other than the repayment any amount received from you in relation to the Contract we cancelled: Any of the products are not in stock or otherwise available;
Your billing information is not correct or up to date;
Your order is flagged on our security systems as being an unusual order or an order susceptible to fraud;
Where there has been a pricing error that is obvious and unmistakable and which could reasonably have been recognised by you as mispricing;
You are under the minimum age permitted under applicable law to enter into an agreement with Golf-ER;
You are a reseller
We could not deliver to the address provided by you
There is an Event Outside of Our Control (please see clause
7).DELIVERY Before you finalise your order, you will be given an estimated delivery time and date depending on the delivery address and (where we provide you with various delivery options) depending on the delivery option chosen. Please note that we do not ship on certain public holidays. We reserve the right to split delivery of your order and will notify you of our intention to do so by emailing the email address provided by you at the time your order was placed. You will not be charged for any additional delivery costs. Delivery of your order will be complete when our carrier delivers the Products to the address you gave us and the Products will be your responsibility from that time. Golf-ER cannot be held liable for any items that are lost or stolen as a result of any specific delivery instructions left for the carrier. If no one is available at your address to take delivery and the Products cannot be posted through your letterbox or left in a safe place, after three failed attempts, we may end the Contract and clause 14 will apply. Please note postcode restrictions apply. Further information can be found on our Shipping and Delivery page.
EVENTS OUTSIDE OF OUR CONTROL. An Event Outside of Our Control means any act or event beyond our reasonable control, including (without limitation) fire, storm, flood, earthquake, epidemic, pandemic, any natural disaster, strikes, industrial action by third parties, failure of public or private telecommunications networks, civil commotion, riots, invasion, terrorist attack or threat of terrorist attack or war (whether declared or not).We will not be liable or responsible for any failure to perform, or delay in performance of any our of our obligations under a Contract that occurs as a result of an Event outside of our Control,If an Event Outside of our Control affects our performance of the Contract:We will contact you as soon as possible to notify you; and Our obligations under these Terms will be suspended until such time as the Event Outside of Our Control ceases.
Where the Event Outside of Our Control affects our delivery of a Product to you, we will arrange a new delivery date with you after the Event Outside Our Control is over. You may cancel the contract if an Event Outside of Our Control takes place and you no longer wish us to provide the products. Please see your cancellation rights under clause 10 below. We may also cancel the contract if an Event Outside of Our Control takes place, and clause 14 will apply.
TITLE OF THE PRODUCTS: We retain title in any Products that you have ordered until we have received payment in full.
PRICE AND PAYMENT: You can find the available payment methods for each country at checkout. We do not accept any method of payment other than those listed at the checkout. Please do not try to pay by any way other than as specified at checkout. If you do, we will not be liable for any loss of payment or other damages that may result. The price payable for the Products shall be shown on the Platform, and are exclusive of Value-Added-Tax (“VAT”), but do not include delivery charges. The total prices specified in the final checkout screen shall include delivery costs.
.Golf-ER may change the prices on the Platform from time to time without notice, but changes will not affect any order which we have confirmed. If you wish to apply a voucher code to your order, you must enter the relevant code during the online checkout process. Additional terms and conditions may apply in respect of each voucher code. We reserve the right to decline to accept any voucher code that is invalid for your order or that has expired.
If you are using Paypal Pay In 3, such payment will be subject to additional terms between you and PayPal available at https://www.paypal.com/uk/webapps/mpp/paypal-payin3/terms. For more information about how PayPal will handle your personal data see their Privacy Policy, available here. See https://www.paypal.com/uk/webapps/mpp/paypal-payin3/faq for further information about PayPal Pay In 3.
YOUR RIGHT TO CANCEL THE CONTRACT: If you are a consumer in the UK, or in the European Union (“EU”), you have a legal right to cancel a Contract if you change your mind, until 14 days after you (or someone you nominate) receives the last Product which you ordered under the Contract which you wish to cancel. You are entitled to exercise your right to cancel an order in respect of any one, or all Products from an order. If you wish to cancel a Contract under this clause 10, please let us know by contacting us:
Contact us here. If you invoke your right to cancel the contract, you must return the Product(s) to us without undue delay. If you choose to return the you will remain responsible for the price of postage and all products including for any loss or damage, until we receive them. Please see our Returns and Refund Information page for further details.
YOUR RIGHT TO CHANGE YOUR MIND: In addition to your rights set out in clause 10 above, you may wish to return an item using returns service.
REFUND INFORMATIONIf you are a consumer in the UK and you exercise your right to cancel the Contract under clause 10, we will: Refund you the price paid for the Products. However, please note that we may reduce the amount of the refund to reflect any reduction in the value of the Products caused by your handling of them. Please note that we will not refund any delivery costs you have incurred for standard, express delivery or delivery at a particular time. Refunds will be issued based on the original payment method. Where we suspect fraudulent activity, including but not limited to circumstances where there are suspicious claims relating to orders having been placed, but not received, or if we suspect that you are returning items after they have been used or worn, or items returned do not match what you ordered, or if we suspect that you have not returned items to us and/or have provided us with counterfeit proof of return, we reserve the right to withhold refunds and block your account (and any associated accounts) from placing orders in future. If this happens to you and you think we’ve made a mistake, you can contact us.
FAULTY PRODUCTSWe are under a legal duty to supply Products that conform with the Contract. If you consider a Product that we have supplied to be faulty, please notify us by contacting us here. If you discover that your Product is faulty after 14 days of delivery, we reserve the right to request evidence, such as pictures of the defect, before issuing any refund.
OUR RIGHT TO CANCEL THE CONTRACT: We may end the Contract at any time by writing to you if any of the circumstances set out in clauses 4, 5 or 7 apply. If we cancel the Contract, we will refund any money you have paid in advance for the Products we have not provided.
OUR LIABILITY: We are responsible for loss or damage that you suffer that is a foreseeable result of our breach of these Terms, or failure to use reasonable care and skill in performing our obligations under the Contract. We are not responsible for any loss of damage that is not foreseeable. Loss or damage is foreseeable if it is either (i) obvious that it will happen; or (ii) if at the time the Contract was made, both us and you knew it might happen. We only supply the Products for domestic and private use. If you use the Products for any commercial, business or resale purpose in breach of these Terms, we will have no liability to you for any loss of profit, loss of business, loss of anticipated savings, business interruption or loss of business opportunity.
OTHER IMPORTANT TERMS: Nothing under these Terms shall affect your rights as a consumer under the applicable law in the jurisdiction in which you are resident. We ay transfer our rights and obligations under these Terms to another organisation. We will ensure that any such transfer does not affect your rights under a Contract. You may only transfer your rights or obligations under these Terms to another person if Golf-ER agrees in writing. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect. If we fail to insist that you perform any of your obligations under these terms and conditions, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you. You agree that the Platform, Terms and any dispute between you and Golf-ER shall be governed by English law, except where you are not resident in England, where English law shall only apply to the extent that it does not override any mandatory laws of the country in which you have your usual place of residence. Except where prohibited and without limitation to any statutory rights for consumers, you agree that all disputes, claims and legal proceedings directly or indirectly arising out of or relating to the Platform (including but not limited to the purchase of Golf-ER products) shall be resolved individually, without resort to any form of class action, and exclusively in the competent courts of England and Wales. Nothing in this clause shall limit your legal rights to bring actions against us or to require proceedings to take place in the country in which you have your usual place of residence. A Contract is between you and us. No other person shall have any rights to enforce any of its terms.