Terms & Conditions Of Sale
Introduction
1.
These are the only terms and conditions upon which we will contract
with you. No alteration or substitution of these terms and conditions
shall be valid unless agreed in writing.
2. On receipt of your order
we shall send you an order confirmation. This shall constitute an offer
to sell the goods to you on these terms and conditions and shall remain
capable of acceptance for a period of 60 days of the date of the order
confirmation. A contract is formed between us when you accept such offer
by effecting payment for the goods. Goods will not be despatched until
we receive authorisation of your credit card payment or your cheque has
been cleared.
3. Our employees, agents and affiliates (including any
golf professional through whom you have placed an enquiry or order) are
not authorised to make any representations or warranties concerning our
goods. In entering into the contract you acknowledge that you do not
rely on any representations or warranties other than those in these
terms and conditions.
4. Any typographical, clerical or other error
or omission in any of our catalogues, advertisements, website,
quotation, price list, acceptance of offer, invoice or other document or
information issued by us (“sales literature”) may be corrected without
any liability on our part.
5. No drawings, illustrations or
descriptions or any other information submitted or contained in sales
literature shall be deemed to form part of the contract but are for
general information and guidance only.
Availability
6.
We reserve the right to cancel a contract if any goods are not readily
available to us and to refund in full any payment you have made for
them.
Price
7.
Unless otherwise stated, the price of the goods stated in our sales
literature is inclusive of value added tax (if applicable) but exclusive
of packing, postage, insurance and carriage costs. Such costs will be
confirmed to you in the order confirmation. Normally prices are
stated in pounds Sterling. If you wish to pay in another currency, we
will confirm the price in such currency in the order confirmation. All
payments must be in the currency stated in the order confirmation. If
payment is not received within 60 days of the date of the order
confirmation, we reserve the right to reissue the order confirmation
with a revised price to reflect any exchange rate fluctuation, and the
earlier order confirmation shall cease to be capable of acceptance.
Delivery
8.
Goods will be delivered to the address you provide to us (as set out in
the order confirmation) and will be despatched within the period
specified in the order confirmation (normally within 30 days of
receiving authorisation of your credit card payment or clearance of your
cheque). Time for delivery shall not be of the essence and we shall not
be liable for any delay in delivery. If we fail to despatch any goods
within such 30 day period we shall, if you so request, refund in full
your payment in respect of such goods.
9. If you fail to take
delivery of the goods or fail to give us adequate delivery instructions
then, without prejudice to any other right or remedy available to us, we
may:
9.1 store the goods until actual delivery and charge you for
the reasonable costs (including insurance) of storage; or sell the goods
at the best price readily obtainable and (after deducting all
reasonable storage and selling expenses) account to you for the net sale
proceeds and retain the purchase price and other charges paid by you to
us.
Title and Risk
10.
Risk of damage to, or loss of, goods shall pass to you at the time of
delivery. Title of the goods shall remain with Stewart Golf until the
goods have been paid for in full.
Consumer Rights and the Right to Cancel
11.
Your statutory rights including but not limited to those contained
within the Sale of Goods Act 1979 (as amended) and the Sale and Supply
of Goods and Services Act 1994, shall not be affected by the
restrictions and limitations set out in these terms and conditions.
12.
You shall until the expiry of 7 days following delivery of the goods,
have the right to cancel the contract by sending written notice of
cancellation to us at the e-mail, fax or postal address set out in the
order confirmation.
13. If you cancel the contract under clause 12 above:
13.1 you shall be responsible for the reasonable costs and expenses of returning the goods to us; and
13.2
we shall reimburse any sum paid by you within 30 days of the notice of
cancellation being given, subject to our receiving the goods back unused
and in undamaged condition.
14. For a period of six months after
the contract between us is formed, you have the right to require that
the goods be repaired or, where appropriate, replaced, if you assert
that the goods do not conform to the contract, save where we can
establish that the goods do so conform.
Warranties
15.
We warrant that the goods will be free from defects in materials or
workmanship for a period of one (1) year after delivery, except where an
additional warranty period has been agreed in writing.
16. Subject
to clause 17, if we receive written notice from you of any breach of
such warranty and you return the goods to us within the warranty period,
then we shall at our own expense and within a reasonable time after
receiving such notice, repair or, at our option, replace the goods or
such parts as are defective or otherwise remedy such defect. If your
address is within the United Kingdom and you agree to use a carrier
nominated by us, we shall bear the associated carriage costs. If your
address is outside the United Kingdom, you shall bear the associated
carriage costs.
Disclaimers
17.
We shall be under no liability in respect of any defect arising from
fair wear and tear, wilful damage, negligence, abnormal working
conditions, failure to follow our instructions (whether oral or in
writing), misuse or alteration or repair of the goods without our
approval.
18. Except in the case of death or personal injury caused
by our negligence, we shall not be liable to you by reason of any
representation or any implied warranty, condition or other term, or any
duty at common law or under these terms and conditions, for any special,
indirect or consequential damage.
19. Subject as expressly provided
in these terms and conditions, all warranties, conditions or other
terms implied by statute or common law are excluded to the fullest
extent permitted by law.
20. Except in the case of death or personal injury, our liability to you shall not exceed the invoice value of the goods.
21.
We shall not be liable for situations of force majeure where any
failure in the performance of any of our obligations is caused by
factors outside our control. Indemnity
22. You agree not to offer
the goods for resale either within or outside the United Kingdom. You
shall indemnify us in full for all losses, damages, costs and expenses
which we may suffer or incur if you breach this term. Third Party Rights
23. In respect to any contract entered into between us, no other
party shall have the right under the Contract (Rights of Third Parties)
Act 1999 to enforce any term of the contract but this does not effect
any right or remedy of a third party which exists or is available apart
from that Act.
Communications
24.
Any communication between us shall be by e-mail fax or first class post
to our current e-mail, fax or postal address as set out at the end of
these terms and conditions (or such other e-mail, fax or postal address
which we may subsequently notify to you) and to your e-mail fax or
postal address which you may have notified to us.
Variation
25.
We reserve the right to vary these terms and conditions at any time but
the terms and conditions which apply to the contract between us shall
be those in force at the time we send you the order confirmation.
Enforceability
26.
If any provision of these terms and conditions is held by any competent
authority to be invalid or unenforceable in whole or in part, the
validity of the other provisions of these terms and conditions and the
remainder of the provision in question shall not be affected thereby.
Law
27.
The contract between us shall be governed by the laws of England and
you agree to submit to the non-exclusive jurisdiction of the English
Courts.
