Terms & Conditions
Conditions of Use
Information about uswww.golfstorepro.co.uk is a site operated by Nicholas Yeo, trading as Golf Store Pro Limited ("We"). Our main trading address is 12e Sawrey Street, The Octagon, Plymouth, Devon PL1 3LA.
Intellectual property rights
We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your organisation to material posted on our site.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.
You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
Our site changes regularlyWe aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.
The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:
All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for:
loss of income or revenue;
loss of business;
loss of profits or contracts;
loss of anticipated savings;
loss of data;
loss of goodwill;
wasted management or office time; and
for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
Information about you and your visits to our site
Viruses, hacking and other offencesYou must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.
Linking to our siteYou may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link from any website that is not owned by you.
Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in our acceptable use policy.
If you wish to make any use of material on our site other than that set out above, please address your request to email@example.com
Link from our site
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
Jurisdiction and applicable lawThe English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our site although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.
Your concernsIf you have any concerns about material which appears on our site, please contact firstname.lastname@example.org Thank you for visiting our site.
Definitions. In these Terms the following definitions rules shall apply
Force Majeure Event: shall have the meaning given in clause 9.
Goods: the products that we are selling to you as set out in the Order.
Order: your order for the Goods.
Order Confirmation: when we confirm that your Order has been accepted and we commence with the Services.
Services: the services that we are providing to you as set out in the Order.
Terms: the terms and conditions set out in this document.
Construction. In these Terms the following rules shall applyHeadings do not affect the interpretation of these terms.
writing or written includes e-mail.
Basis of saleWe consider that these Terms, the Order and our price list set out the whole agreement between you and us for the supply of the Services and the sale of the Goods. Please check that the details in the Terms or on the Order are complete and accurate before you commit yourself to the contract. If you think there is a mistake or omission in these documents, please contact us immediately. Any changes to the specification of the Goods or other variation to the Terms or Order that you agree with our authorised employees and agents will be only be binding if recorded in writing. We only accept responsibility for statements and representations by our authorised employees and agents that are made in writing. Please ensure that you read and understand these Terms before you submit the Order, you will be bound by them once a contract comes into existence between us in accordance with clause 2.5.
If any of these Terms are inconsistent with any term of the Order, the Order shall prevail.
The Order is an offer by you to enter into a binding contract, which we are free to accept or decline at our absolute discretion.
These Terms shall become binding on you and us when we accept your order by email confirmation (Order Confirmation), at which point a contract shall come into existence between us.
Any quotation for the Goods is given on the basis that a binding contract shall only come into existence in accordance with clause 2.5. A quotation shall be valid for a period of 14 calendar days from its date of issue, unless we notify you in writing that we have withdrawn it during this period.
We shall assign an order number to the Order and inform you of it in the Order Confirmation. Please quote the order number in all subsequent correspondence with us relating to the Order.
We have the right to revise and amend these Terms from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities. You will be subject to the policies and terms in force at the time that you order the Goods from us, unless any change to those policies or these Terms is required by law or government or regulatory authority (in which case, it will apply to orders you have previously placed that we have not yet fulfilled).
We warrant that on delivery the Goods shall:
Conform in all material respects with their description subject to any qualification or representation contained in our brochures, advertisements, website or any other documents;
Be of satisfactory quality;
Be fit for any purpose we say the Goods are fit for or for any reasonable purpose for which you use the Goods;
Be free from material defects in design, material and workmanship; and
Comply with all applicable statutory and regulatory requirements for selling the Goods in the United Kingdom.
This warranty is in addition to your legal rights in relation to Goods which are faulty or which otherwise do not conform to these Terms. Advice about your legal rights is available from your local Citizens Advice Bureau or trading standards office.
This warranty does not apply to any defect in the Goods arising from fair wear and tear, wilful damage, accident, negligence by you or any third party, if you use the Goods in a way that we do not recommend, your failure to follow our instructions, or any alteration or repair you carry out without our prior written approval.
We will take reasonable steps to pack the Goods properly and to ensure that you receive your order in good condition.
These Terms apply to any repaired or replacement Goods we supply to you in the unlikely event that the original Goods are faulty or do not otherwise conform to these Terms.
Defective goods, returns and RefundsIn the unlikely event that the Goods do not conform to these Terms, please let us know as soon as possible after delivery and in any event not more than 7 days from receipt. We will ask you to return the Goods to us at our cost and once we have checked that the Goods are faulty, we will:
Provide you with a full or partial refund;
Replace the Goods; or
Repair the Goods.
These Terms will apply to any repaired or replacement Goods we supply to you.
In accordance with Consumer Protection (Distance Selling) Regulations, you may at any time within 7 calendar days of placing an Order amend or cancel an Order by providing us with written notice within 7 days, of the Order confirmation. You acknowledge that, in accordance with Regulations 8 and 13 of the Distance Selling Regulations, we have provided the required information and once we commence the services of printing the Goods, which we will commence from the date specified in the Order Confirmation you will have no right to cancel the agreement between us.
You acknowledge and accept that due to the fact that the Goods are made to your order, we cannot accept returns if such Goods conform to your Order and the Order Confirmation.
If you amend or cancel an Order, your liability to us shall be limited to payment to us of all costs we reasonably incur in fulfilling the Order until we receive your amendment or cancellation, except that where the amendment orcancellation results from our failure to comply with these Terms you shall have no liability to us for it.
Whilst we try our very best to colour match every photo we cannot be held responsible for exact colour matching requirements. We will therefore not accept returns for colour related issues.
We will use reasonable endeavours to deliver the Goods to you within seven calendar days of the date set out in the Order Confirmation, but for the avoidance of doubt time shall not be of the essence of this contract and where our delivery date exceeds this we shall endeavour to make delivery as soon as is practically possible.
Delivery of the Order shall be completed when we deliver the Goods to you.
We will take reasonable steps to meet the delivery date set out on the Order or as otherwise agreed between us in writing. However, occasionally delivery may be affected by factors beyond our control and so cannot be guaranteed. We will let you know if we become aware of an unexpected delay and will arrange a new delivery date with you.
If you fail to take delivery of an Order within 14 calendar days of the date set out in the Order Confirmation, then, except where this failure is caused by our failure to comply with these Terms or by an event beyond your control:
We will store the Goods until delivery takes place and may charge you a reasonable sum to cover expenses and insurance.
We shall have no liability to you for late delivery.
If you have not taken delivery of the Goods within 3 weeks of the date set out in the Order Confirmation, we may, after giving you reasonable prior notice in writing, resell or otherwise dispose of part or all of the Goods and, after deducting reasonable storage and selling costs, pay you for any excess over the price of the Goods or charge you for any shortfall below their price.
If we are not able to deliver the whole of the Order at one time due to operational reasons or shortage of stock, we will deliver the order in instalments. We will not charge you extra delivery costs for this. If you ask us to deliver the Order in instalments, we may charge you extra delivery costs. Each instalment shall constitute a separate contract. If we are late delivering an instalment or one instalment is faulty, that will not entitle you to cancel any other instalment.
Title and risk
The Goods will be your responsibility from the time of delivery.
Ownership of the Goods will only pass to you when we receive payment in full of all sums due for the Goods, including delivery charges. For the avoidance of doubt “ownership” shall not extend to any assignment of Intellectual Property Rights in the Goods and you shall have no rights to claim ownership of any such Intellectual Property Rights on purchase of the Goods. The Goods are for personal enjoyment and their sale to you shall not express or infer any right by us to you to allow subsequent sales of the Goods or to use the Goods for any commercial purposes whatsoever.
Price and payment
The total price payable by you shall be summarised in your Order.
Prices shall include VAT except where stated otherwise.
These prices exclude delivery costs, which will be added to the total amount due.
It is always possible that, despite our best efforts, some of the Goods we sell may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that, where the Goods' correct price is less than our stated price, we will charge the lower amount when dispatching the Goods to you. If the Goods' correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Goods, or reject the Order and tell you. If the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as an error, we do not have to provide the Goods to you at the incorrect (lower) price.
Payment for all Goods must be made once you have submitted your Order and may be made via PayPal, card payment, cheque or cash.
If you do not make any payment due to us by the due date for payment (as set out in clause 7.6 , we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of HSBC Bank Plc from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with the overdue amount.
Without limiting any other remedies or rights that we may have, if you do not pay us on time, we may cancel or suspend any other outstanding Order until you have paid the outstanding amounts.
Clause 7.7 and clause 7.8 shall not apply for the period of the dispute if you dispute the payment owing in good faith and let us know promptly after you have received the invoice that you dispute it.
Limitation of liability
Subject to clause 8.3 and clause 8.2, if either of us fails to comply with these Terms, neither of us shall be responsible for any losses that the other suffers as a result, except for those losses which are a foreseeable consequence of the failure to comply with these Terms.
Subject to clause 8.3 , neither of us shall be responsible for losses that result from our failure to comply with these Terms which fall into the following categories: (a) loss of income or revenue; (b) loss of profit; (c) loss of business; (d) loss of anticipated savings; (e) loss of data; or (f) any waste of time. However, this clause 8.2 shall not prevent claims for foreseeable loss of, or damage to, your physical property.
Golf Store Pro Limited total liability in contract, tort, misrepresentation, restitution or otherwise arising in connection with the performance or contemplated performance of this agreement shall be limited to the price paid for the Goods, save that nothing in this agreement excludes or limits in any way our liability for: (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation; (c) any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; (d) defective products under the Consumer Protection Act 1987; or (e) any other matter for which it would be illegal or unlawful for us to exclude or attempt to exclude our liability.
Events outside our controlWe will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by events outside our reasonable control (Force Majeure Event).
A Force Majeure Event includes any act, event, non-occurrence, omission or accident beyond our reasonable control and includes, in particular (without limitation), the following: (a) strikes, lock-outs or other industrial action; (b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; (c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; (d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; (e) impossibility of the use of public or private telecommunications networks; or (f) pandemic or epidemic.
Our obligations under these Terms are suspended for the period that the Force Majeure Event continues, and we will have an extension of time to perform these obligations for the duration of that period. We will take reasonable steps to bring the Force Majeure Event to a close or to find a solution by which our obligations under these Terms can be performed despite the Force Majeure Event.
AssignmentYou may not transfer any of your rights or obligations under these Terms to another person without our prior written consent, which we will not withhold unreasonably. We can transfer all or any of our rights and obligations under these Terms to another organisation, but this will not affect your rights under these Terms.
All notices sent by you to us must be sent to Golf Store Pro Limited at Unit 12e, Sawrey Street, The Octagon, Plymouth, Devon, PL1 3LA. We may give notice to you at either the e-mail or postal address you provide to us in the Order. Notice will be deemed received and properly served 24 hours after an e-mail is sent or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that the letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that the e-mail was sent to the specified e-mail address of the addressee.
GeneralIf any court or competent authority decides that any of the provisions of these Terms are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
If we fail, at any time while these Terms are in force, to insist that you perform any of your obligations under these Terms, or if we do not exercise any of our rights or remedies under these Terms, that will not mean that we have waived such rights or remedies and will not mean that you do not have to comply with those obligations. If we do waive a default by you, that will not mean that we will automatically waive any subsequent default by you. No waiver by us of any of these Terms shall be effective unless we expressly say that it is a waiver and we tell you so in writing.
A person who is not party to these Terms shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.
These Terms shall be governed by English law and we both agree to the exclusive jurisdiction of the English courts. We do not accept orders from addresses outside the UK and Channel Islands, European Union.