Terms & Conditions - American Golf

AMERICAN GOLF (TRADING) LIMITED

TERMS AND CONDITIONS OF SALE - "THE AGREEMENT"

(CONSUMERS)

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") Company Registration no:11282323, 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 Order

• 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 despatched Your order in full. Your credit/charge/debit card is charged immediately at the point of transaction. Any e-mail, on-screen receipt or other acknowledgement of Your order is merely to report that Your order 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.
• 1.4 We reserve the right to cancel Your order if we decide it is reasonable to do so.

 

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 Customer Service 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 your selected delivery method 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 Delivery

 

• 4.1 We aim to deliver Goods within the indicative timescales shown on Our Website. References to "working day" shall mean any day of the week, excluding weekends and Bank Holidays.
• 4.2 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. We will take reasonable steps to notify You within 14 days of order confirmation if Goods will not be shipped as ordered.
• 4.3 Shipping for deliveries outside mainland UK (excluding any area separated by water from the mainland) will be charged at an extra cost. If the Goods are subject to import duties and/or taxes, these costs will be solely borne by You.
• 4.4 Goods will be delivered to the address that You provide in the order process, however delivery practices may vary depending on which carrier is delivering the Goods. You must provide a valid address for delivery. The delivery method that We use may vary depending on the nature and number of the Goods.
• 4.5 Where the courier is unable to deliver to your address, they may: divert and deliver to your neighbour; leave your parcel in a safe place, make another delivery attempt at a later date; or deliver your parcel at a local pick-up point.
• 4.6 If You order more than one product, we do not guarantee that all Goods will be delivered to You in one delivery, and we reserve the right to deliver in multiple consignments.
• 4.7 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.
• 4.8 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.
• 4.9 If the Goods You have ordered are out of stock then We will let you know by e-mail.
• 4.10 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.
• 4.11 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 Providing you are a private customer you may cancel any order made by you via our website within 30 days of receipt by you of the goods. This condition extends your statutory rights of cancellation. If you wish to cancel your order please follow or return instructions and ensure the returned goods meet our return terms and conditions.
  • 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 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.
  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.
• 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 manufactures warranty, 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 call us on 01925 939999.
  • 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

 

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 £999.00.
• 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 click here to fill out our online form or call Customer Services on 0192 593 9999
• 9.16 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 Miscellaneous

 

• 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 Complaints

• 11.1 If you do have a complaint please fill out this form or write to american golf - Customer Services - 1st Floor, Westbrook House, Westbrook Centre, Warrington, WA5 8UH or call 0192 593 9999 (+353 0192 593 9999 for the Republic of Ireland). 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 Golfbidder Terms and Conditions

 

• 12.1 American Golf Trade-ins are in association with Golfbidder Limited.
• 12.2 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.
• 12.3 Trade-in is not available to trade or wholesale customers and is valid in American Golf stores only.
• 12.4 Trade-ins will only be accepted on clubs which meet the independent criteria set by Golfbidder Limited. American Golf have no influence on the valuation or the acceptance criteria.
• 12.5 Clubs must be listed on The Official Golfbidder Pro site to qualify for trade-in.
• 12.6 Iron sets must contain at least 6 matching clubs. Sets which are missing clubs or contain duplicate clubs are not considered to be a set and are therefore excluded from trade-in..
• 12.7 All irons in the set must have matching heads, shafts, and shaft flexes, mixed sets cannot be accepted.
• 12.8 Combo iron sets made up of a mix of hybrids and irons must be from a #7 iron as minimum. i.e 4,5,6 Hybrids 7,8,9,PW Irons. A set with a #7 Hybrid but no #7 Iron will not be accepted.
• 12.9 Clubs must be authentic and non-counterfeit.
• 12.10 Clubs which have been stamped or personalised cannot be accepted for trade-in.
• 12.11 Damage and wear and tear will be taken into consideration upon the valuation of clubs, and may result in a reduced valuation, or rejection.
• 12.12 Head covers, tool kits, torque wrenches, or other related accessories must be included with the trade-in.
• 12.13 Valuations can only be provided in-store upon examination of the clubs.
• 12.14 Prices are correct at the time the valuation is provided, but may be changed without notice.
• 12.15 Trade-in valuations are valid for a period of 14 days.
• 12.16 Customers trading in old clubs against a new custom fitted set must retain their existing clubs until the custom fit order is fulfilled. Please note – A revaluation of the trade-in may be required at time the order is fulfilled. Any change in valuation causing a shortfall in the deposit must be paid by the customer.
• 12.17 Gift cards will not be issued against a trade-In.
• 12.18 There is no limited to the number of items, or the number of trade-ins per customer.
• 12.19 The credit issued for trade-in items must be redeemed in a single transaction and can only be used in-store.
• 12.20 The credit issued for trade-in items can be used to purchase any products in-store.
• 12.21 All traded in clubs must be cleaned before being delivered to the store.
• 12.22 American Golf reserves the right to amend these terms and conditions and/or withdraw this service without prior notice and without liability.
• 12.23 Your statutory rights are not affected.

 

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: The payment period is 30 days 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 communicate​d. 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, Slice It and direct debit 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. Find out more
• Purchases made Online using Klarna can’t be returned in-store and should be returned in line with the Returns Policy detailed here.

 

14 Student Beans & Blue Light Card & Defence Discount

 

• 14.1 Electric Trolleys, Custom Fit Golf Clubs, Non Standard sets, Personalised Golf Balls, All Garmin, Foresight Launch Monitors, all SkyCaddie (SkyTrak) products, and Black Friday Deals are excluded from use within this promotion. Cannot be combined with any other discount.