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(Updated 11th March 2008)
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This
website is operated by GolfOnline.co.uk (referred to as
"GolfOnline/GolfOnline.co.uk/we/our/us"). As user of this website (referred
to as "you/your") you acknowledge that any use of this website including any
transactions you make ("use/using") is subject to our terms and conditions
below.
Please:
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read through these terms and conditions carefully before using this website
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print a copy for future reference.
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also read our
Privacy
section
regarding your personal information.
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1. General
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1.1
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We reserve the right to change these terms and
conditions at any time. Any such changes will take effect when posted on the
website (see date at the top) and it is your responsibility to read the
terms and conditions on each occasion you use this website and your
continued use of the website shall signify your acceptance to be bound by
the latest terms and conditions.
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1.2
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If you are not a consumer, you confirm that you have
authority to bind any business on whose behalf you use this website
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2. Order process
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2.1
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Please see How To Shop section for information on how
to place an order. All orders that you place on this website will be subject
to acceptance in accordance with these terms and conditions.
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2.2
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The 'confirmation' stage sets out the final details of
your order. Following this, we will send to you an order acknowledgement
email. Please note that this email is not an order
confirmation or order acceptance from GolfOnline.
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2.3
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Acceptance of your order and the completion of the
contract between you and us will take place on despatch to you of the
products ordered unless we have notified you that we do not accept your
order or you have cancelled it (please refer to
Guarantees and Returns Policy).
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2.4
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We do not file details of your order for you to
subsequently access direct on this website, and therefore, please print out
these terms and conditions and the order acknowledgement for your own
records. If you wish to obtain specific details of your previous orders
please Contact Us.
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3. Delivery
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3.1
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All goods must be signed for by an adult aged 18 years
or over on delivery.
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3.2
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Delivery charges and estimated timescales are specified
in
Shipping section and also when you place an
order. We make every effort to deliver goods within the estimated
timescales, however delays are occasionally inevitable due to unforeseen
factors. GolfOnline shall be under no liability for any delay or failure to
deliver the products within estimated timescales.
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3.3
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Once a tracking number has been emailed to
you (a copy is also available online in your account section), it is your
responsibility to monitor and track the status of your parcel. If you notice
any problems for example - Address Not Found, Failed Delivery, Recipient
Absent etc then please contact us immediately so we can assist in resolving
any problems. Failed-delivery parcels are normally held at a local depot for
a maximum of five days before returning back to us. It is therefore your
responsibility to contact us in good time to advise us of this situation in
order to stop any return. We take no responsibility for parcels
returned to us after successive delivery attempts and any return charges
will be passed to you. |
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3.4
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If the package has not been accepted or
rejected besides the valid reasons (see 3.3) during delivery, the respective
courier will make a return charge to Golfonline. This charge will be
required to be paid before processing a redelivery or will be retained if
order has been cancelled.
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3.5
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In the event where deliveries have failed
due to incorrect address specified or if no one is available to accept
delivery at time when courier attempts to deliver goods, the courier will
hold the goods at their depot for a small period of time (anytime between
3-5 days). If a card has been left by the courier requesting you to contact
them, you are requested to contact them to arrange a re-delivery at same
address at a suitable time. Failure to do so quickly (normally within 2
working days) may cause the parcel to be returned back to us. Although every
effort is made to ensure goods are delivered to you in good time and at
address specified, certain circumstances may fail deliveries (for e.g.
unable to find address or no one to accept parcel etc). In order to solve
such problems during delivery or if you wish to advise us of change of
delivery address after goods have been shipped, you are requested to
contact us on first occasion. Normally a charge is incurred for
amendments of delivery addresses which can be accepted by yourself or you
may simply arrange to collect the goods from the courier depot where
possible without any charges. Failure to do so or if you advise a change of
address directly with the courier without notifying us will incur an
additional charge which will be passed on to you unless we have already
authorised this change with the courier. |
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3.6 |
Upon delivery it is your responsibility to check package
and its contents thoroughly. If you notice any signs of security tape
damage, theft or attempt for theft, damage of goods or any unacceptable
condition of package and its contents you are requested not to accept the
package. If you are willing to accept the package then you are requested to
sign on the delivery note what you have noticed for e.g. Goods Damaged or
Theft Attempt etc. FAILURE to comply with these terms will NOT
enable you to make any claims against the above conditions and NO
credit will be issued. |
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3.7
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Risk of loss and damage of products passes
to you on the date when the products are delivered or on the date of first
attempted delivery by us.
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4. Payment
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4.1
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We take payment from your card at the time
we receive your order, once we have checked your card details and stock
availability. Goods are subject to availability. In the event that we are
unable to supply the goods, we will inform you of this as soon as possible.
A full refund will be given where you have already paid for the goods and if
no goods have been already dispatched. Refund of payment does not apply to
personalised, custom-made or custom fitted goods.
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4.2
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While we try and ensure that all prices on our website
are accurate, errors may occur. If we discover an error in the price of
goods you have ordered we will inform you 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 full
refund.
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4.3
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Payment can be made by any method specified in
Payment Methods. For information about secure on-line
ordering see
Privacy
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4.4
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All prices include VAT (where applicable) at the
applicable current rates but exclude delivery charges, unless expressly
stated. (for further details including Express delivery charges see
Shipping).
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5. Returns, Cancellations and Substitutions
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5.1
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We offer a 14 day money back guarantee, please refer to
Guarantees and Returns Policy. Some products are excluded
from the 14 Day Money Back Guarantee. These would normally include
personalised products and more information in the Distance Selling
Regulations Section. In addition, all Golfonline products are guaranteed
against manufacturing defects for a minimum of 12 months. Your statutory
rights are unaffected.
Please note all shipping charges that have incurred prior cancellation of
your order will be retained to cover costs if order has been cancelled for
no reason or if user does not accept a replacement.
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5.2
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Sometimes the product specifications from the
manufacturer may change, in which case we will do our best to offer you a
substitute of the same or better quality at the same price. If you are not
happy with the replacement you can return it in accordance with our 14 day
money back guarantee. Where applicable, you may cancel your order in
accordance with your rights under the Distance Selling Regulations (see the
Guarantees and Returns Policy page for further details).
Please note any courier charges will be retained where the fault has not
been or resulted from Golfonline.. |
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5.3
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All sizes and measurements are approximate but we do
try to make sure that they are as accurate as possible. |
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5.4 |
Please note that NO REFUND
will be passed for goods that are faulty or defective after the 14 Day
Money Back Guarantee time. Golfonline will replace or exchange all faulty
products available from the manufacturer, and if the identical size or model
is no longer available then we will exchange for an equivalent make/model or
offer you credit vouchers which can be used to purchase products from our
website. See section 5.7 for information on how guarantees work on returned products.
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5.5 |
If you receive goods that you feel are not as stated, do not
satisfy your requirements, or not up to your standards (for e.g. superficial
marks on packaging or product, dust etc) we are happy to pass refund on the
value of the goods if you have advised us of this within 14 days of delivery
and only once we have received your goods back in its original condition.
Please note that all delivery costs already incurred will be retained before
passing refund. Please note that we offer a discounted shipping rate
structure to offer you great value and in order to continue doing so we are
unable to pass you full refund as the actual shipping cost will be retained
before passing refund.
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5.6 |
Although every effort is made in checking all goods before
dispatch, in some occasions incorrect or faulty goods may be received for
which we do apologise for any inconveniences caused. Golfonline will assure
that all such problems are solved and do request your co-operation in doing
so. Once an incorrect or faulty delivery has been received it is your
responsibility to complete the online returns procedure (after which further
instructions will be emailed back) or to advise us of this within 7 working days
after delivery. Once a return-request has been accepted, you are requested
to send goods back to us (via your local post-office or courier or
whichever more cost-effective). The
return-shipping cost incurred to you will be settled in form of refund or credit
vouchers only for the value of the shipping amount that you paid at time of
ordering (as similarly operated when returned in-store). If the cost of sending goods back to us is reasonably high, then
we do request you to contact us where we can assist in coming to an agreement to solve problem in a cost-effective manner
for both parties. In some circumstances we may arrange a
collection from your address once a collection charge has been accepted by
yourself (available only within mainland U.K.). We will do our level best to compensate you
for your costs in form of goods or gift vouchers, however we regret to advise you that we are
unable to compensate you fully where the cost of return is not viable. |
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5.7
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Although we stock the best quality products, sometimes faults may be discovered after purchase. Golf online offer a guarantee against manufacturer faults for a maximum of 1 year from the date of first delivery. Faulty products are required to be sent back for fault examination. If a genuine manufacturer fault is established, we will send the replacement that may be either repaired or exchanged. If an identical replacement is not available, we will offer an alternative product of similar value. However if for any reason you are not happy to take the replacement, we will offer you eVouchers that may be used to purchase goods from our website. To avoid doubt, all products exchanged, swapped, or purchased with eVouchers (only applies to vouchers issued from a return), will be guaranteed for only the balance of the initial 12 month period.
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5.8
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All electric trolleys purchased from our website are covered by warranty only within the United Kingdom. Therefore if these products experience any defects or problems during operation whilst outside the United Kingdom, they will have to be sent back to us at your own cost where we will assess the problem and arrange for it to be fixed or replaced within the warranty period. A reshipping cost will be required for items to be shipped back out to you, which will be agreed prior dispatch.
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5.9
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Most manufacturers will void the product warranty if it has been altered in any way. For example if the shaft of the club has been altered, or if the product has been altered without our consent. Due to the high technical nature of golf clubs, most manufacturers will only cover you against manufacturer defects if they have been customized by the manufacturer or through Golfonline. In our experience we have found that use of unauthorised fitting centres or inexperienced club-fitters could result in a poor quality product and therefore more likely to attain a defect.
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6. Liability and Indemnity
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6.1
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Nothing in these terms and conditions excludes or
limits liability for death or personal injury caused by negligence,
fraudulent misrepresentation, or any other liability which may not otherwise
be limited or excluded under applicable law.
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6.2
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Subject to Section 6.1 above, GolfOnline will use
reasonable endeavours to verify the accuracy of any information on the site
but makes no representation or warranty of any kind express or implied
statutory or otherwise regarding the contents or availability of the site or
that it will be timely or error-free, that defects will be corrected, or
that the site or the server that makes it available are free of viruses or
bugs or represents the full functionality, accuracy, reliability of the
website GolfOnline will not be responsible or liable to you for any loss of
content or material uploaded or transmitted through the website and
GolfOnline accepts no liability of any kind for any loss or damage from
action taken or taken in reliance on material or information contained on
the site.
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6.3
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Subject to Section 6.1 above, other than as expressly
provided in these terms and conditions with respect to specific products and
except for the exclusive remedies set out at Section 5 above, any
indemnities, warranties, terms and conditions (whether express or implied)
are hereby excluded to the fullest extent permitted under applicable law.
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6.4
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Subject to Section 6.1 above, GolfOnline will not be
liable, in contract, tort (including, without limitation, negligence),
pre-contract or other representations (other than fraudulent on negligent
misrepresentations) or otherwise out of or in connection with the terms and
conditions for any:
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economic losses (including without limitation loss of revenues, data,
profits, contracts, business or anticipated savings); or
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economic losses (including without limitation loss of revenues, data,
profits, contracts, business or anticipated savings); or
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loss due to currency exchange-rate fluctuations (we take payment in
British Sterling Pounds GBP and currency exchange rates fluctuate
constantly in which case we cannot be held liable for loss of value in
foreign currency during payment authorisations and refunds as value will
remain the same in GBP Sterling Pounds ); or
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loss of goodwill or reputation; or
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special or indirect losses
suffered or incurred by that party arising out of or in
connection with the provisions of any matter under these terms and
conditions.
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6.5
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Notwithstanding the above, subject to Section 6.1
GolfOnlines’ aggregate liability (whether in contract, tort or otherwise) for
loss or damage shall in any event be limited to a sum equal to the amount
paid or payable by you for the product(s) in respect of one incident or
series of incidents attributable to the same clause.
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6.6
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This clause 6 does not affect your statutory rights as
a consumer, nor does it affect your contract cancellation rights.
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6.7
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We will take all reasonable precautions to keep the
details of your order and payment secure, but, unless we are negligent, we
cannot be held liable for any losses caused as a result of unauthorised
access to information provided by you.
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7. Miscellaneous Provisions
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7.1
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The contract between us shall be governed by the laws
of England and any dispute between us will be resolved exclusively in the
courts of England. English is the only language offered for the conclusion
of the contract.
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7.2
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We have selected our products on the basis that they
will be used for domestic use only, if you are planning to use them for
business purposes please make sure that you are covered by appropriate
insurance.
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7.3
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GolfOnline shall be under no liability for any delay or
failure to deliver products or otherwise perform any obligation as specified
in these terms and conditions if the same is wholly or partly caused whether
directly or indirectly by circumstances beyond its reasonable control.
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7.4
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To provide increased value to our customers, we may
provide links to other websites or resources for you to access at your sole
discretion. You acknowledge and agree that, as you have chosen to enter the
linked website we are not responsible for the availability of such external
sites or resources, and do not review or endorse and are not responsible or
liable, directly or indirectly, for (i) the privacy practices of such
websites, (ii) the content of such websites, including (without limitation)
any advertising, content, products, goods or other materials or services on
or available from such websites or resources or (iii) the use to which
others make of these websites or resources, nor for any damage, loss or
offence caused or alleged to be caused by, or in connection with, the use of
or reliance on any such advertising, content, products, goods or other
materials or services available on such external websites or resources.
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7.5
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You may not assign or sub-contract any of your rights
or obligations under these terms and conditions or any related order for
products to any third party unless agreed upon in writing by GolfOnline.
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7.6
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GolfOnline reserves the right to transfer, assign or
sub-contract the benefit of the whole or part of any of its rights or
obligations under these terms and conditions or any related contract to any
third party.
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7.7
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If any portion of these terms and conditions is held by
any competent authority to be invalid or unenforceable in whole or in part,
the validity or enforceability of the other sections of these terms and
conditions shall not be affected.
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7.8
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These terms and conditions do not create or confer any
rights or benefits enforceable by any person that is not a party (within the
meaning of the U.K. Contracts (Rights of Third Parties) Act 1999) except:
a) a person who is a permitted successor or assignee under Section 7.7 above
of the rights or benefits of these terms and conditions may enforce such
rights or benefits.
b) No consent from the persons referred to in Section 7.8 is required for
the parties to vary or rescind these terms and conditions (whether or not in
any way that varies or extinguishes rights or benefits in favour of such
third parties).
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7.9
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No delay or failure by GolfOnline to exercise any
powers, rights or remedies under these terms and conditions will operate as
a waiver of them nor will any single or partial exercise of any such powers,
rights or remedies preclude any other or further exercise of them. Any
waiver to be effective must be in writing and signed by an authorised
representative of GolfOnline.
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7.10
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These terms and conditions including the documents or
other sources referred to in these terms and conditions supersede all prior
representations understandings and agreements between you and GolfOnline
relating to the use of this website (including the order of products) and
sets forth the entire agreement and understanding between you and GolfOnline
for your use of this website
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We
recommend you print out a copy of these terms and conditions for your future
reference.
If you
have any questions regarding the GolfOnline.co.uk website please see the
Customer Services section for more
information and full contact details |