Terms & Conditions - American Golf
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 upon which AMERICAN GOLF (TRADING) LIMITED trading as american golf of AMERICAN GOLF (TRADING) LIMITED of 1st Floor, 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. 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 either by e-mail to email@example.com, by telephone on telephone number 01925 939999 (Int: +44 1512 247140) or by 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. This is applicable to both On and Off premises purchases.
- 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 od 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:
We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
- 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, with the exception of Pre-owned, ex-demo or ex-display goods.
- 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. Please e-mail firstname.lastname@example.org for details.
- 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 Limitation of liability
- 8.1 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.
- 8.2 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.
- 8.3 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.
- 8.4 Nothing in these Conditions shall limit Our liability in respect of death or personal injury caused by Our own negligence.
- 8.5 Save where expressly provided otherwise in these Conditions, subject to condition 10.4 Our entire liability under or in connection with:
- 8.5.1 any order or the Goods shall not exceed the price of the Goods; and
- 8.5.2 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.
9 Gift Vouchers
- 9.1 Validly activated gift cards are redeemable in full or part payment for any merchandise - in american golf stores or at www.americangolf.co.uk
- 9.2 The gift card is not a cheque guarantee, credit or charge card.
- 9.3 The gift card may not be exchanged for cash or other vouchers
- 9.4 The minimum amount required to activate or top-up a card is £1.
- 9.5 The maximum card limit is £1000.
- 9.6 The balance on your gift card may be checked instore at any till.
- 9.7 No change will be given but any remaining balance may be used for future purchases.
- 9.8 Each time you make a transaction on the gift card, we update the balance on our secure database.
- 9.9 The amount deposited on or redeemed from the gift card will be shown on the till receipt for each transaction.
- 9.10 You can top-up your gift card by adding more value to it at any american golf outlet.
- 9.11 Gift Cards are valid for 12 months from the date of purchase
- 9.12 Expired or de-activated cards may not be re-used. To help protect the environment we suggest that you hand back expired or de-activated cards instore.
- 9.13 Please keep the gift card safe and treat it like cash. american golf cannot replace or reimburse the card value if it is lost, stolen or damaged.
- 9.14 In the unlikely event that the transaction processing system is temporarily unavailable, we will not be able to process your gift card transaction during this time as we cannot manually authorise transactions.
- 9.15 If you have any queries regarding your gift card, please call Customer Services on 0192 593 9999 or visit www.americangolf.co.uk
- 9.16 Gift cards purchased on, or before, the company’s change of ownership on Friday 12th October will be honoured and can be redeemed in-store or on-line, subject to the same terms and conditions above.
- 9.17 We reserve the right to amend these Terms & Conditions from time to time where it is necessary to do so. Any such changes will be notified to customers in store.
- 10.1 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.
- 10.2 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.
- 10.3 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.
- 10.4 We reserve the right to randomly monitor and record Our inbound and outbound calls.
- 10.5 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.
- 10.6 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.
- 10.7 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.
- 11.1 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 0192 593 9999 (+353 0192 593 9999 for the Republic of Ireland) or email email@example.com. 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.
12 Trade-In Promotion
- 12.1 American Golf Trade-In is only open to American Golf Club members and a Club card must be scanned at the time of the transaction. American Golf Club membership is free and customers can register at the time of trade-in.
- 12.2 The offer is not available to trade or wholesale customers and is valid in participating branches of American Golf only.
- 12.3 Trade-Ins will only be accepted on any clubs listed on The American Golf Trade-In APP.
- 12.4 Any club(s) with damage or excessive wear and tear which could affect future performance, or which are considered to be unsaleable in American Golf’s opinion, will not be eligible for this offer.
- 12.5 Prices are correct at the time of going to press but may be changed without notice.
- 12.6 The trade-in price is calculated using the current $ to £ exchange rate. The current trade-in $ value of clubs can be found on https://valueguide.pga.com/trade-in/.
- 12.7 American Golf reserves the right to exclude items listed on https://valueguide.pga.com/trade-in/. An indicative non-exhaustive list of examples of excluded brands can be found below: Ben Hogan, Bobby Jones, Tour Edge, XXIO, Edel, Fourteen, Lynx, MacGregor, Maxfli, Nickent, Orlimar, Pure Spin, Scratch, Tommy Armour, Bridgestone, Bobby Grace, Brainstorm, Cure, Happy Putter, Heavy Putter, Kevin Burns, Never Compromise, See More, STX, Yes
- 12.8 Trade in clubs are accepted on a strictly one for one basis. E.G x1 club may be traded in for any new club, or new set of irons. x1 set of irons may be traded in for any new set of irons or x1 club.
- 12.9 Any club listed on The American Golf Trade-In APP can be traded-in, subject to condition, against any new club on sale at American Golf stores, subject to stock and availability.
- 12.10 Iron sets must contain at least 6 matching pieces. Sets which are missing clubs or contain duplicate clubs are not considered to be a set and are therefore excluded from trade-in.
- 12.11 Single wedges are excluded from the Trade-In promotion and cannot be traded in.
- 12.12 Trade-in is against new clubs only, trade-in is not against any pre-owned clubs, ex-demo clubs or any non-club products.
- 12.13 The Trade-In value may not exceed the value of the clubs being purchased and no change or balance will be given in any form.
- 12.14 Online valuation guide is for example purposes only .
- 12.15 Any club(s) over 5 years of age or with excessive damage which could affect future performance, or which are unsalable in American Golf’s opinion, will not be eligible for this offer.
- 12.16 Any indicative values given by phone are not a final trade-in value, final valuation is subject to examination instore.
- 12.17 The Store Manager’s decision will be ﬁnal in relation to any club trade-in eligibility or valuation.
- 12.18 No two offers can be combined, so Trade-In cannot be combined with price match or any other promotion on the same transaction.
- 12.19 American Golf trade-in terms and conditions apply and are available at www.americangolf.co.uk.
- 12.20 American Golf reserves the right to amend these terms and conditions and/or withdraw the offer without prior notice and without liability.
- 12.21 Trade-In is limited to 5 items maximum per member for the duration of the promotion (a set of irons is one item).
- 12.22 Trade-in valuations are valid for a period of 14 days.
13 Titleist TS Gift Card Promotion Terms
- 13.1 This offer is valid between 1st November and 13th December 2019 and applies to purchases made in-store only.
- 13.2 Purchase any TS Driver and receive £50 off to spend on Titleist Equipment* Bags, Balls, Towels, Hats, Snoods, Gloves.
- 13.3 Purchase any TS Fairway and receive £30 off to spend on Titleist Equipment* Bags, Balls, Towels, Hats, Snoods, Gloves.
- 13.4 Redemption of the discount must be made on the day of purchase.
- 13.5 This offer is only available to customers that purchase a TS Driver or Fairway.
- 13.6 Discount cannot be redeemed for Gift Cards or cash or be returned under the money back guarantee.
- 13.7 We reserve the right to withdraw, alter or decline this offer without prior notice.
- 13.8 Discount can only be used once in a single purchase.
- 13.9 If the redemption transaction is less than the value of the voucher, no change or vouchers will be given in any format.
- 13.10 If the redemption is higher than the discount value, the customer must pay the difference.
14 Srixon Personalisation Golf Ball Terms
- 14.1 Promotional period - 1st November to 9th December 2019. Minimum order of 1 dozen.
- 14.2 Free single pole, text only personalisation (no symbols/emoji’s).
- 14.3 No solitary signs/symbols/letters or numbers - (must have a minimum of two letters included in the personalisation).
- 14.4 Any message on up to 3 lines (maximum of 15 characters per line using the house font only).
- 14.5 Personalisation length will determine final character size. Short messaging will result in larger letters.
- 14.6 Long messaging will result in smaller letters.
- 14.7 Standard black, blue, green or red ink only (no pantone requests).
- 14.8 Yellow and pink balls will be printed in black ink only.
- 14.9 Orders Made in store: Free delivery to your American Golf store on all orders. Unfortunately, we cannot ship direct to the consumer if placed in store.
- 14.10 Orders cannot be cancelled or altered once submitted due to personalisation.
- 14.11 Last date for orders is Monday the 9th December 2019 at 5pm.
- 14.12 All golf balls must be personalised, and the same message will be printed on all golf balls.
- 14.13 By submitting your order, you are confirming your input is correct and agreeing to full payment to your professional upon collection from American Golf.
- 14.14 Offer available on Z-Star XV, Z-Star, AD333, Soft Feel, Soft Feel Lady and UltiSoft only.
- 14.15 Srixon Europe reserves the right to refuse printing of a message onto the Srixon golf ball. No single letters/numbers, golf club names (unless with a personalised name), football clubs, brand names, symbols (i.e. * - !).
- 14.16 We will strive for a pre-Christmas delivery and are confident that this will be achieved in all cases, but this is ultimately down to our courier partners.
15 Titleist Personalisation Golf Ball Terms
- 15.1 Promotional period - 1st November to 1st December 2019.
- 15.2 Minimum order 1 dozen.
- 15.3 Free single-pole personalisation on custom golf ball orders.
- 15.4 Any message on up to 3 lines (maximum of 17 characters per line using the house font only).
- 15.5 Upper case only.
- 15.6 Black ink only.
- 15.7 Free Titleist ball marker with every dozen.
- 15.8 14-day lead time.
- 15.9 Acushnet Europe Ltd reserves the right to refuse printing of a message onto the Titleist golf ball.
- 15.10 No football clubs or symbols (i.e. • - !).
16 Motocaddy FREE Bag Offer Terms
- 16.1 Purchase any new (i.e. not used, ex-demo, ex-courtesy cart or ex-rental) Motocaddy trolley with Lithium battery between Friday 1st November and Tuesday 31st December 2019 inclusive to be eligible to claim a free Motocaddy golf bag. The bag model is dependent on the following criteria:
- Purchase an S1 Lithium, claim a Lite-Series bag worth £119.99
- Purchase an M1, claim a Club-Series bag worth £139.99
- Purchase an M1 DHC or M3 PRO, claim an AquaFLEX bag worth £199.99
- Purchase an M5 CONNECT, M5 CONNECT DHC, S7 REMOTE or M-TECH, claim a Dry-Series bag worth £219.99
- 16.2 Promotion only available on purchases made and delivered inside the UK and Republic of Ireland.
- 16.3 Promotion only available to participants resident within the UK and Republic of Ireland, with an address in the UK or Republic of Ireland for the bag to be sent to.
- 16.4 Promotion not available in conjunction with any other offer.
- 16.5 Promotion available by redemption only - not available at point of purchase.
- 16.6 To redeem the promotion, complete a promotional claim and upload a digital copy of proof of purchase at www.motocaddy.com/freebag
- 16.7 Promotional claims must be submitted by Sunday 19th January 2020. Any claims received after this date will not be accepted.
- 16.8 Entering incorrect warranty or claim information may result in delay or rejection of promotional claim.
- 16.9 Proof of Purchase must be printed receipt or Debit/Credit Card statement. Hand written receipts are invalid and will not be accepted.
- 16.10 The Motocaddy trolley must be received by the claimant before the promotional end date for the claim to be valid. Claims for trolleys ordered but not received before 31st December 2019 are invalid.
- 16.11 Any claims for purchases outside the promotional dates are invalid.
- 16.12 Promotion is only available to end-users (i.e. not available to any Motocaddy retailer).
- 16.13 Free golf bag model and colour will be at the discretion of Motocaddy.
- 16.14 Free golf bag will be delivered within 25 working days of receiving the claim. If a free bag is not received within 25 working days, please contact Motocaddy within the next 7 days.
- 16.15 If a trolley is returned, Motocaddy will require the free bag to be returned.
- 16.16 Promotion available subject to availability and Motocaddy reserve the right to withdraw the promotional offer prior to the promotional closing date without notice.
- 16.17 Promotional terms and conditions are subject to change without notice.
- 16.18 Motocaddy reserves the right to disqualify claims which it considers do not comply with these terms and conditions or are considered fraudulent.
- 16.19 Product alternatives are not available unless offered by Motocaddy only.
- 16.20 Cash alternatives are not available.