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AMERICAN GOLF (TRADING) LIMITED
TERMS AND CONDITIONS OF SALE - "THE AGREEMENT"
IMPORTANT: Please read the wording of this Agreement carefully as it contains the terms and conditions ("the Conditions") upon which AMERICAN GOLF (TRADING) LIMITED trading as Onlinegolf ("Onlinegolf") of Westbrook House, Westbrook Centre, Warrington, WA5 8UH ("Us"/"We"/"Our") contracts with You as a consumer NOT dealing in the course of a business ("You"/"Your"/"Yourself") for the sale or the supply of goods and services, namely Golf Equipment, Apparel and Accessories ("Goods") in accordance with the Conditions. All orders are accepted by Us and are subject to the following Conditions:
- 1.1 You may make an order via Our website.
- 1.2 All orders which are accepted by Us shall be subject to these Conditions and no contract shall be deemed to be in place until We have accepted Your order. An order is not accepted until Your credit/charge/debit card is processed. Your card will not be processed until We have verified that Your order can be fulfilled from stock (except for custom fit orders, which are debited when We place the order with the manufacturer). Any e-mail, on-screen receipt or other acknowledgement of Your order is merely to report that Your request has been received and does not in any way denote acceptance of Your order regardless of any wording on the e-mail or the receipt. We reserve the right, at any time prior to acceptance, to refuse any order or any part of an order, or to require further or better information to enable Us to evaluate and/or process the order. If You wish to cancel Your order or return Goods please see Our cancellation and returns terms below.
- 1.3 You will be advised if an item is out of stock. You may be offered an alternative product if one is available or You may cancel Your order.
2 Payment and Prices
- 2.1 All prices are quoted in pounds Sterling and do not include cost of delivery and packaging.
- 2.2 Payment shall be made at the time that the order is placed. Payment may be made by major credit card and debit cards: (Switch/Maestro (UK customers only); Visa and Mastercard as well as American Express. We DO NOT accept Electron cards. Goods will not be despatched until We are in receipt of cleared funds.
- 2.3 Prices quoted are inclusive of VAT and are current at the time of publishing. While every endeavour will be made to maintain them at their present low level We reserve the right to effect changes without prior notice. If ordering outside of the UK we reserve the right to charge more for large or bulkier orders. You will be contacted prior to order acceptance to agree these additional costs. Prices will be as confirmed by Us when Your Order is confirmed.
- 2.4 We reserve the right at any time to correct clerical omissions and errors without any liability on Our part.
- 2.5 We reserve the right to request additional information for the purpose of payment authentication. Such requests will only ever come from Our Aftersales team and any information provide will be treated as strictly confidential.
3 Ownership of the Goods
- 3.1 Ownership of the Goods delivered or to be delivered by Us will only be transferred to You when the Goods have been delivered to You and We have received cash or cleared funds in full payment of all sums owing to Us in respect of the Goods and in respect of any other agreements between You or Us.
- 4.1 For mainland UK mainland delivery will normally be made within 5 business days after the order is accepted Monday to Friday and We will normally despatch Goods by first class post or courier to mainland UK excluding any area separated by water from the mainland (delivery to Northern Ireland may take longer). You can request Next Working Day delivery or Saturday Delivery. Please see our Shipping Information.
- 4.2 Freight and insurance for deliveries outside mainland UK (excluding any area separated by water from the mainland) is charged extra at cost. Please see Our delivery charges as revised from time to time on Our website. If the Goods are subject to import duties and/or taxes for overseas orders, these costs will be solely borne by You.
- 4.3 Time for delivery shall not be of the essence. We shall use reasonable endeavours to deliver by the date specified but We shall be under no liability whatsoever for delay in delivery or the consequence thereof however caused or non delivery of Goods. We will take reasonable steps to notify You within 14 days of order confirmation if Goods will not be shipped as ordered.
- 4.4 When Goods are delivered to You, You should carefully check the documentation to ensure that the number and contents of the packages due to be delivered corresponds to the number and contents of packages received.
- 4.5 If You believe that there are shortages in the number of Goods contained in the packages or if any damage has occurred to the Goods in transit, You must report these to Us within two working days of receipt of the Goods and this must be confirmed in writing and any damaged Goods returned to Us. Please see our return terms below.
- 4.6 We reserve the right not to accept bulk orders or orders for resale.Where we do accept we will contact customer to pay the additional delivery cost associated with delivering a bulk order.
- 4.7 We reserve the right to request additional payment for shipments that incur unusually high costs. In these instances, the order will be placed on hold and you will be contacted by a member of our customer service team.
5 Right to Cancel and Returns
- 5.1 Provided You are a private consumer You may cancel any order made by You via Our website at any time within 30 days of receipt by You of the Goods. This Condition extends your statutory rights of cancellation. If You wish to cancel this contract and return Goods, You must notify Us by telephone 0161 509 2020 between 9am and 5pm Monday to Friday (excluding Bank Holidays). Alternatively you can fill in our model cancellation form which can be found be clicking here. Once you have submitted you request to cancel the contract, we will communicate to you an acknowledgement of receipt of such a cancellation on a durable medium (e.g. by e-mail) without delay. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period of 30 days has expired. Return shipping costs will only be refunded where We have sent faulty Goods in error. The provisions of this Condition 5.1 shall not apply in respect of any Goods which are:
- 5.1.1 of a perishable nature;
- 5.1.2 sealed audio or video recordings or computer software where sealing has been removed;
- 5.1.3 Goods which have been supplied according to Your particular specification or which are Personalised or Custom Built. In line with the Consumer Contracts Regulations 2013, any order (the sales contract) placed by the consumer for equipment which is personalised or custom built to their specification may not be cancelled once the order has been accepted.
- 5.1.4 or, magazines.
- 5.2 Goods described above at 5.1.1 to 5.1.4 cannot be returned unless:
- 5.2.1 there has been a delivery error;
- 5.2.2 such products are returned in response to a product or batch recall; or
- 5.2.3 such products are damaged or faulty;
- 5.3 If you cancel this contract, we will reimburse to you, all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you. We will make the reimbursement without undue delay, and not later than:
- 14 days after the day we receive back from you any goods supplied, or
- (if earlier) 14 days after the day you provide evidence that you have returned the goods, or
- if there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel this contract.
- 5.4 Goods which are returned to Us must be accompanied by a copy of Your delivery note or a covering letter stating Your name, address and order number and reason for return.
- 5.5 Any returned item lost, damaged or defaced in transit to Us will not be credited. If You have not received an acknowledgement or credit note from Us within 14 days You should notify Us.
- 5.6 Any returned items must be returned at your own cost and must be packed in its original packaging and suitably labelled addressed to Returns Department, Units 1-4, Priestley Road, Wardley Industrial Estate, Worsley, Manchester, M28 2LY, United Kingdom. Goods must be returned in the same condition that they were in when despatched to you. For our contact details click here. We recommend that You use a reputable courier or Recorded Delivery. Please retain any proof of posting, receipt or tracking number for any item returned as We cannot accept responsibility for Goods until signed for by Us.
- 5.7 Unless expressly authorised by Us in writing, any Goods can only be returned for credit if unused (subject to Condition 8.2), complete and in the original packaging. Please note: If You return Goods (which are not faulty) for exchange We will charge You for shipping the new Goods back to You.
- 5.8 Subject to Your statutory rights of cancellation and Our extended cancellation terms as set out at Condition 5.1, an order can only be cancelled at Our discretion. On no account can cancellation be accepted for items sourced specially by Us on Your behalf which is not advertised on Our website.
6 Faulty Goods
- 6.1 All Goods come with a 12 month guarantee backed by the manufacturer.
- 6.2 In relation to faulty Goods:
- 6.2.1 For purchases under 30 days old (from date of despatch by Us), We will exchange the item at Our expense.
- 6.2.2 For purchases over 30 days old (from date of despatch by Us) and less than 12 months please send back the item. We will contact the relevant manufacturer who will inspect the item and at their discretion, they will either repair, replace or return the item to You (We will return the item if We feel there is no manufacturing fault). If the manufacturer determines the items is faulty, then We will reimburse reasonable costs that were incurred when the item was returned (upon production of valid receipts).
- 6.2.3 We accept no responsibility for Goods not received or damaged in transit.
7 Goods advertised
- 7.1 While every effort has been made to portray items accurately on Our website and other advertising materials, slight variations may occur.
- 7.2 All measurements quoted are approximate and the reproduction of colours is as accurate as photographic and publishing processes will reasonably allow.
- 7.3 Please note there may be variations in colours dependant on the calibration and settings of individual screens/prints.
8 90 Day Test Drive Programme for clubs sold by Online golf
As of the 31st of July 2013 we will no longer be offering this service, any clubs purchased after the 31st of July 2013 will therefore no longer be eligible for return under the 90 day test drive programme.
9 Loyalty Points Scheme
- 9.1 The Loyalty Points Scheme is open to all consumers aged at least 18 years, who purchase Goods via Our website and all Goods on Our website qualify for award or redemption of Loyalty Points unless otherwise stated. For the avoidance of doubt, Loyalty Points may not be redeemed against delivery charges or insurance or any other amounts owed by You to Us.
- 9.2 2 Loyalty Points will be awarded for every complete £1 You spend on Goods purchased via Our website (except for Gift Certificates and excluding all delivery charges and insurance). The Loyalty Points will be credited to your account only once Your order has been fully dispatched to You. You may then redeem them against subsequent purchases of Goods via Our website on a basis of 1 Loyalty Point = £0.01. Please note: you may only pay for a maximum of 50% of any order with Loyalty Points. Any Loyalty Points not used will be carried over for use against subsequent orders. You will be guided through the process of opening an account when You place your first online order with Us. Please note, You will not be able to collect Loyalty Points unless you open an account with Us, therefore You will not be able to collect Loyalty Points in respect of those purchases made using the express check-out.
- 9.3 We reserve the right at Our discretion from time to time to alter the terms under which You may collect and redeem Loyalty Points, and to withdraw the Loyalty Points Scheme without notice.
- 9.4 We may choose to issue bonus Loyalty Points from time to time. The collection and redemption of any such bonus Loyalty Points will be subject to any terms and conditions we impose in respect of them, including Our right to withdraw or discontinue such bonus Loyalty Points at Our sole discretion.
- 9.5 Loyalty Points You have collected will remain valid for 12 months from the date they are credited to Your account subject to these terms and conditions, after which they will lapse if You do not redeem them within this 12-month period.
- 9.6 All Loyalty Points which were awarded against Goods for which you subsequently obtain a refund will be deducted from Your account on a Loyalty Point per £1 or part £1 refunded basis.
- 9.7 Any Goods which You purchase using part cash and part Loyalty Points, and for which you subsequently obtain a refund will be refunded on the basis of the cash actually paid (less any deductions which may apply pursuant to these Conditions) however the Loyalty Points will be forfeited unless we have sent faulty Goods in error.
- 9.8 There is no cash return value for any Loyalty Point.
- 9.9 Loyalty Points are not transferable and will cease to be valid if you close Your account or We withdraw the Loyalty Points Scheme, in which case they may not be subsequently redeemed.
- 9.10 We may refuse to redeem or award any Loyalty Points if We deem in Our sole discretion that the Loyalty Points Scheme is being misused, or if you are in breach of any of these Conditions.
10 Limitation of liability
- 10.1 Subject to Conditions 10.3 and 10.4 below and save as otherwise expressly provided in these Conditions, all warranties, Conditions or other terms whether express or implied by statute or common law or otherwise are excluded or limited to the fullest extent permitted by law.
- 10.2 Subject to Conditions 10.3 and 10.4 and to the full extent permitted by law We exclude all liability for any loss, damage or expense howsoever suffered or incurred by You as the direct or indirect result of the Goods either not being of satisfactory or merchantable quality, or fit for any purpose, or conforming to any description and You hereby irrevocably waive all rights and/or remedies (if any) which You may have or have had in respect of such loss, damage or expense and/or in respect of any breach or default of any warranty implied by statute, equity or common law concerning the quality, fitness or description of the Goods. We shall not be liable for incidental or consequential damages for any breach hereof.
- 10.3 Conditions 10.1 and 10.2 do not apply where You deal as a consumer to the extent that such exclusions or limitations are not permitted by law.
- 10.4 Nothing in these Conditions shall limit Our liability in respect of death or personal injury caused by Our own negligence.
- 10.5 Save where expressly provided otherwise in these Conditions, subject to condition 10.4 Our entire liability under or in connection with:
- 10.5.1 any order or the Goods shall not exceed the price of the Goods; and
- 10.5.2 any award or redemption of the Loyalty Points shall be limited to crediting You with the Loyalty Points in the event that such points were incorrectly deducted or should have been credited but were not.
- 11.1 If any provision of this Agreement is held by any competent authority to be invalid or unenforceable in whole or part the validity of the other provisions of this Agreement and the remainder of the provision in question shall not be affected.
- 11.2 We shall not be liable to You for any delay or failure to perform any of Our obligations hereunder which is due to causes or circumstances beyond Our reasonable control, including (without limitation) acts of civil or military authority, national emergencies, fire or flood, strikes, lock-outs and other industrial disputes, acts of God, war or riots, actions or omissions of third parties.
- 11.3 This Agreement including the order is the complete and exclusive statement of the contractual relationship between the parties, which supersedes all prior proposals, understandings, agreements, or representations between the parties relating to this Agreement except in respect of any fraudulent misrepresentation made by either party.
- 11.4 We reserve the right to randomly monitor and record Our inbound and outbound calls.
- 11.5 No delay, neglect or forbearance on Our part in enforcing its rights against You shall be construed as a waiver or in any way prejudice any of Our rights hereunder.
- 11.6 Except for Our affiliates, directors, employees or representatives, a person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
- 11.7 This Agreement shall be governed by and construed in accordance with the laws of England and Wales whose courts shall have non-exclusive jurisdiction in connection with any dispute arising out of or in connection with it and to which jurisdiction You irrevocably submit.
If you do have a complaint please write to american golf - Returns, Units 1-4, Priestley Road, Wardley Industrial Estate, Worsley, Manchester, M28 2LY, United Kingdom or call (+44) or (+353 for Ireland) 0161 509 2020. We welcome feedback from customers as it helps us provide a better service for our customers. We aim to deal with complaints speedily and sympathetically. All complaints are logged, investigated and replied to.
13 Klarna Terms and Conditions
- In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer you the following payment methods. Payment is to be made to Klarna.
- 13.1 Pay in 30 days for UK only and 14 days for EU: The payment period is 30 days (for UK only) and 14 days (for EU) from shipment of the goods or tickets/ availability date of the service. You can find the complete terms and conditions for the markets where this payment method is available here: United Kingdom, Germany, Sweden, Norway, Denmark, Finland, Austria, Switzerland and the Netherlands.
- 13.2 Direct bank transfer: Available in Germany, Austria, Belgium, Italy, Spain, Poland and the Netherlands. Your account will be debited directly after placement of your order.
- 13.3 Direct Debit: Your account will be debited after shipment of the goods or tickets/ availability date of the service or in case of a subscription in accordance with the timelines communicated. You will be notified about the date(s) by email.
- 13.4 Card Payments: Available in Sweden, Germany and Austria. The amount will be reserved on your card and will be debited after shipment of the goods or tickets/ availability date of the service. In case of a subscription the amount will be debited in accordance with the timelines communicated.
- The payment methods Pay in 30 days for UK only and 14 days for EU, Pay Later and Pay in 3 are only available in case of a positive credit assessment. For this purpose, during the order process and handling of your purchase, we forward your data for an address and credit check to Klarna. We can only offer you the payment methods available based on the result of the credit check. General information about Klarna and the user terms per country can be found on klarna.com. Your personal data is handled in accordance with applicable data protection law and in accordance with the information in Klarnas privacy statement.
How do I track my order?
All of our orders are shipped on fully trackable services. When your order is dispatched from our Distribution Centre, you will receive an email with a link to your tracking.
How do I return something?
We want to make shopping with us as easy as possible. Should you be dissatisfied with a purchase from the onlinegolf website, you may return unused products in their original packaging and with any labels within 30 days of receipt for a full refund. For full details on how to return your purchase, please visit our Returns and Refunds page here.
What happens if I miss the couriers when they deliver?
For the security of your order, all of our deliveries require a signature. If you unfortunately miss the delivery of your order, the courier will attempt to deliver it to a neighbour. If this is not possible, the courier will leave you a card informing you that an attempted delivery has taken place, with information about what will happen next. The courier may try to redeliver or another day, or you may be given options to choose new delivery options.
I've made an error on my order - how do I change it?
If we have not begun processing your order for delivery, we are able to make changes to the products you have selected. Please contact our Aftersales team as soon as possible, between 9am and 5pm (GMT) Monday to Friday and Bank Holidays.
If we have started processing your order for delivery, unfortunately we are unable to make changes prior to shipping.
How do I cancel my order?
If we have not begun processing your order for delivery, we are able to cancel it and you will not be charged. Please contact our Aftersales team as soon as possible, between 9am and 5pm (GMT) Monday to Friday and Bank Holidays.
If we have started processing your order for delivery, don’t worry. Our returns policy allows goods to be returned up to 30 days after you receive your order, as long as they are unused and in their original packaging.