SMARTGOLFGEAR.CO.UK terms and conditions of use
1.1 These are the terms and conditions (the "Terms") on which we supply golf related products (the "Products") to you, a customer being a consumer (a natural person who enters into a legal transaction for purposes that predominantly are outside its trade, business or profession). They contain important information about your rights and obligations as well as limitations and exclusions that apply to you, these Terms govern any purchase contract between The Oaks Golf Club t/a Smartgolfgear.co.uk (the "Company," "we," "us" or "our") and yourself. When you accept these Terms, as described in clause 1.4 below, these Terms become part of the purchase contract that will be entered into between you and the Company.
1.2 Please read these Terms carefully before you submit your order to us. These Terms tell you who we are, how we will provide Products to you, how you and we may change or end ('end' meaning cancel or rescind) the contract, what to do if there is a problem and other important information.
1.4 You agree that these Terms apply to your purchase of the Products. When you click on the button marked "Complete order", you accept that these Terms will govern the contract between us. If you refuse to accept these Terms, you must not press the "Complete order" button and you will not be able to order any Products from this Website. We recommend that you print a copy of these Terms or save a copy to your computer for future reference after placing an order.
2. Information about us and how to contact us
2.1 We are Smart Golf Gear, who operates the website www.smartgolfgear.co.uk (the "Website"), a Partnership registered in England and Wales. Our registered office is located at The Oaks Golf Club, Long Lane, Aughton, York, YO42 4PW, United Kingdom. Our registered VAT number is 317303587.
2.2 You can contact us by writing to us at email@example.com or Smart Golf Gear c/o The Oaks Golf Club, Aughton Common, Aughton, York, YO42 4PW.
2.3 If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
3. Order process
3.1 You may only purchase Products from this Website if you are at least 18 years old.
3.2 When placing an order, the order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each stage of the order process. To correct input errors, click "Edit" next to the respective field. After placing your order, by clicking "Complete order", you will receive an e-mail from us acknowledging that we have received your order without undue delay. However, please note that this does not mean that your order has been accepted. If you have not received an email from us within 2 working days, please email us to confirm that we have received your order. Our acceptance of your order will take place as described below. For the purpose of these Terms, "working day" means Monday to Friday 9am to 5pm, excluding public holidays.
3.3 You can also contact us at firstname.lastname@example.org with an order enquiry and we may be able to accept your order via email. If we do accept your order via email, these Terms shall apply.
3.4 Our acceptance of your order will take place when we email you to confirm that the order Products have been accepted and we will issue an order confirmation ("Purchase Receipt"), at which point a contract will come into existence between you and us and we will use our reasonable efforts to despatch orders as soon as possible but in no event later than 5-10 working days after acceptance of your order. For reasons outside of our control, on occasions we may not be in a position to dispatch orders within the aforementioned timescale. Where this is the case, we will notify you and provide you with our best estimate as to the likely despatch and give you the option to cancel with your order and receive a full refund.
3.5 If we are unable to accept your order, we will inform you of this in writing without undue delay and will refund any payments made by you for the Product. This might be because the Product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the Product, because we are unable to meet a delivery deadline you have specified, because we have discontinued the Product for commercial reasons or for any other reason.
3.6 Deliveries are performed by a third party on our behalf. We will assign an order number to your order and tell you what it is when we accept and/or despatch your order. In most cases the delivery company will separately provide you with tracking information for your order. It will help us if you can tell us the order number whenever you contact us about your order.
4. Our products
4.1 Please note that Products may vary slightly from the images on the Website but not from the description provided. Where we have put photographs, illustrations, specification, dimensions and the like relating to our Products on our Website, we believe that these are accurate. In most cases, these have been provided by the Product manufacturer.
4.2 The packaging of the Product may vary from that (if any) shown in images on our Website however this will not affect the Product description.
5. Product Limited Warranty; Disclaimer of Warranties
5.1 We confirm that on the date of delivery, the Products will conform with the description provided on the Website. Subject to any applicable law, we do not provide you with any additional warranties in relation to the Products. Some Products do however have the benefit of a manufacturer's warranty and in such cases, details of the warranty will be included with the Product when delivered. If you want to know more information about which items have the benefit of a manufacturer warranty and the length of any warranty, please email us at email@example.com.
5.2 EXCEPT AS EXPRESSLY STATED IN CLAUSE 5.1, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL OTHER WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
5.3 If any representation, condition or warranty is implied or incorporated into these Terms by statute, common law or otherwise that cannot be excluded (a "Non-Excludable Provision"), and we are able to limit your remedy for a breach of the Non-Excludable Provision, then our liability for breach of the Non-Excludable Provision is limited exclusively (so far as applicable laws do not prohibit) to the replacement of the Products or the supply of equivalent goods, the repair of the Products, the payment of the cost of replacing the Products or acquiring equivalent goods, or the payment of the cost of having the Products repaired.
5.4 The Company shall have no obligation to you with respect to providing any warranty on any Products for which the Company has not received full payment from you. Any warranty shall not apply to any defect arising from the Products from:
5.4.1 fair wear and tear;
5.4.2 wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party;
5.4.3 if you fail to operate or use the Products in accordance with the user instructions;
5.4.4 any alteration or repair by you.
5.5 This warranty is in addition to your legal rights in relation to Products that are faulty or not as described or other warranties or guarantees provided by applicable law.
6. Price and payment
6.1 The price of the Product (which includes VAT or other applicable sales taxes) will be the price indicated on the order pages. The delivery cost will also be stated on the order pages and stated on your Purchase Receipt and/or invoice when you have placed your order. We use our best efforts to ensure that the price of the Product advertised to you is correct. However please see clause 6.3 for what happens if we discover an error in the price of the Product you order.
6.2 If the rate of VAT or other applicable sales tax changes between your order date and the date we accept your Order for the Product, we will adjust the rate of VAT or other applicable sales tax so that you pay, unless you have already paid for the Product in full before the change in the rate of that tax takes effect.
6.3 Prices advertised on the Website are subject to change without notice or obligation. We take reasonable care to ensure that the prices of Products are correct when entered on the Website. It is always possible that, despite our best efforts, some of the Products we sell may be incorrectly priced. We will normally check prices before accepting your order. If we discover an error in the price of the Products you have ordered, we will inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order and a refund. We will not process an order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any Products provided to you.
6.4 You can make payment for the Products by debit or credit card. We also accept payment via PayPal. From time to time we may offer additional payment methods and in such cases we will identify these options on our Website. We will take payment for your order at the time you place your order. If we do not accept your order, we will refund you any sums paid.
7. Your rights to make changes
If you wish to make a change to the Product you have ordered please contact us promptly. We will let you know if the change is possible. If it is possible, we will let you know about any changes to the price of the Product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change and, where applicable, we will charge your chosen payment method for any additional charges. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 10). If you do not make payment of any additional charges required due to the change, the change will not be accepted by us and we will fulfil your original order as outlined in the Purchase Receipt or cancel the order (at our reasonable discretion).
8. Our rights to make changes
8.1 We may change the Product:
8.1.1 to reflect changes in relevant laws and regulatory requirements; and
8.1.2 to implement minor adjustments and improvements, for example.
8.2 We may, from time to time, change and update this Terms. It is the customer responsibility to, before ordering the purchase of any Product and pressing the "Complete order" button, check and carefully read the corresponding applicable version of the Terms.
9.1 The costs of delivery will be as displayed to you on our Website, and on your Purchase Receipt or invoice.
9.2 During the order process we will let you know when we estimate the Products will be delivered to you. Delivery of the Products will be performed by the manufacturer directly or by third party delivery companies instructed by us. We will indicate to you on the Purchase Receipt when we expect the Products to be delivered. You should examine the Products when you receive them. If any item is damaged or missing, you should notify us promptly and within 5 days from the date of delivery. Your legal right to claim for defects in the Products remain unaffected.
9.3 If our supply of the Products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. To the extent permitted by applicable law, provided we do this, we will not be liable for delays caused by the event, but if there is a risk of substantial delay of more than 2 weeks, you may contact us to end the contract and you will receive a refund for any unshipped Products you have paid for but not received.
9.4 If no one is available at your address to take delivery and the Products cannot be posted through your letterbox, the delivery person will leave you a note informing you of how to rearrange delivery or collect the Products from a local depot.
9.5 If you do not collect the Products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot within a reasonable time frame, the delivery person will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 12 will apply. In such circumstances, you will be charged for the failed delivery costs.
9.6 A Product will be your responsibility from the time we deliver the Product to the address you gave us.
9.7 Unfortunately, we do not deliver to addresses outside the United Kingdom and Republic of Ireland.
10.1 If on delivery your Products are faulty or mis-described you can return these to us and we will issue you with a full refund. Please see our [returns policy] for more information.
10.2 You have 30 days to change your mind in relation to any Products that you have purchased. This right does not apply if you have used and/or damaged any Products. If you do use or damage the Products, you will be deemed to have accepted the Products.
10.3 To the extent permitted by applicable law, you do not have a right to change your mind in respect of:
10.3.1 Products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them; and
10.3.2 a product created by special order made bespoke for you, i.e. personally fitter clubs.
11. How to end the contract with us (including if you have changed your mind and returns)
11.1 To end the contract with us, please let us know by email at firstname.lastname@example.org. Please provide your name, home address, details of the order and, where available, your phone number and email address.
11.2 If you end the contract for any reason after Products have been dispatched to you or you have received them, you must return them to us and the Products must be in their original packaging and undamaged. It is your responsibility to arrange for the products to be returned back to us at Smart Golf Gear c/o The Oaks Golf Club, Long Lane, Aughton, York, YO42 4PW. If you are exercising your right to change your mind, you must return the Products to us within the Cooling-off Period.
11.3 We will pay the costs of return if the Products are faulty or mis-described. In all other cases, including if you are exercising your right to change your mind, you will be responsible for paying any shipping fees. If you do not return the Products in the original packaging, or the packaging is damaged, we will also charge you a fee in relation to re-packaging the Products. We shall communicate the fee to you following receipt of the returned Products however the fee shall be reasonable and shall cover the actual costs incurred by us in relation to the repackaging of the Products.
11.4 We will refund you the price you paid for the Products, by the method you used for payment. However, we may make deductions from the price, as described below.
11.5 If you are exercising your right to change your mind we may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. Please see our returns policy. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
11.6 We will make any refunds due to you as soon as possible. Please note that it usually takes 3-5 working days to process refunds, however it may take longer for your bank to process the refund and for this to show in your account.
12. Our rights to end the contract
We may end the contract for a Product at any time by writing to you if you do not, within a reasonable time, and us reminding you, allow us to deliver the Products to you or collect them from us or if you fail to make any payments due to us in relation to the Products.
13. If there is a problem with the product
13.1 If you have any questions or complaints about the Product, please contact us at email@example.com.
13.2 We are under a legal duty to supply Products that are in conformity with these Terms. Nothing in these terms will affect your statutory legal rights.
14. Our responsibility for loss or damage suffered by you
14.1 SUBJECT TO CLAUSE 14.3 AND 14.4 AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, (I) IN NO EVENT SHALL LIABILITY OF US TO YOU EXCEED THE AGGREGATE AMOUNTS YOU PAID FOR THE PRODUCTS THAT ARE THE SUBJECT OF THE CLAIM AND (II) NEITHER US NOR OUR SUPPLIERS OR LICENSORS SHALL BE LIABLE TO YOU OR ANY OTHER ENTITY FOR ANY (1) SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES, (2) LOST PROFITS, LOST BUSINESS OR LOST OR CORRUPTED DATA, OR (3) COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS, GOODS OR SERVICES, HOWEVER CAUSED, ON ANY THEORY OF LIABILITY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS IN THIS SECTION SHALL APPLY (A) NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND (B) REGARDLESS OF THE FORM OF ACTION, WHETHER BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHER THEORY. SOME STATES DO NOT PERMIT THE LIMITATION/EXCLUSION OF DAMAGES IN CERTAIN CIRCUMSTANCES AND SO PORTIONS OF THE FOREGOING MAY NOT APPLY TO YOU.
14.2 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
14.3 We only supply the Products for domestic and private use. You agree not to use the Products for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
14.4 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for:
14.4.1 death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors;
14.4.2 fraud or fraudulent misrepresentation;
14.4.3 breach of your legal rights in relation to the Products including the right to receive Products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care and, where installed by us, correctly installed; and
14.4.4 defective products under the local mandatory consumer protection laws.
14.5 To the extent permitted by applicable law, subject to clause 14.4, our total liability to you in respect of all other losses arising under or in connection with the Terms, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price paid by you for the Product giving rise to the claim in question.
14.6 To the extent permitted by applicable law, except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for any purpose other than that which it is supplied for.
15. INTELLECTUAL PROPERTY RIGHTS
15.1 The Products on this Website may be subject to the intellectual and industrial property rights including patents, knowhow, trademarks, copyright, design rights utility rights, database rights and or other rights of third parties. No right or licence is granted to you in respect of such rights.
15.2 The Company shall have no liability whatsoever in the event of any claim of infringement of any such rights howsoever arising.
15.3 The Company owns full copyright in respect of this Website and its reproduction in whole or part is prohibited without the Company’s prior written consent.
16.1 From time to time we may run promotions and offers and these may be subject to additional terms and conditions. In such cases, we will place these additional terms on the Website and it is your responsibility to read these terms and conditions where they are highlighted as applying.
17. Other important terms
17.1 To the extent permitted by applicable law, we may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end the contract within 14 days of us telling you about it and we will refund you any payments you have made in advance for Products not provided.
17.2 You may assign or only transfer your rights or your obligations under these terms to another person if we agree to this in writing and any attempt to assign these Terms or the rights or obligations under these Terms will be void.
17.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms.
17.4 Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
17.5 If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the Products, we can still require you to make the payment at a later date.
17.6 Please note that these Terms are governed by English law. This means a contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by English law and you and we both agree to that the courts of England and Wales will have exclusive jurisdiction.