Terms & Conditions
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.
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.
7. Unless otherwise stated, the price of the goods stated in our sales literature is exclusive 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.
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.
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. Any repairs or replacements made without charge do not carry a new warranty beyond that of the original purchase.
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 affect any right or remedy of a third party which exists or is available apart from that Act.
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.
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.
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.
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.
We are committed to protecting your privacy. We will only use the information that we collect about you lawfully (in accordance with the Data Protection Act 1998).
We collect information about you for two reasons: firstly, to process your order and second, to provide you with the best possible service. If we send you an e-mail in the future, we will give you the chance to refuse any further marketing email from us in the future. From time to time we may send you marketing messages in the post, if you prefer not to receive these please let us know.
The type of information we will collect about you includes: your name, address, phone number and e-mail address. We do not share this information with any other company or organisation. We will never collect sensitive information about you without your explicit consent.
Using SSL with an encryption level of 128 bits (the highest level commercially available), Secure hosting automatically encrypts your confidential information from your computer to secure hostings servers, which are heavily guarded both physically and electronically. These servers sit behind a monitored electronic firewall and are not connected directly to the internet, so your private information is available only to authorised computers.
You can check the information that we hold about you by emailing us on firstname.lastname@example.org If you find any inaccuracies we will delete or correct them promptly.
We may use technology to track the patterns of behaviour of visitors to our site. This can include using a “cookie” which would be stored on your browser. You can usually modify your browser to prevent this happening. The information collected in this way can be used to identify you unless you modify your browser settings.
If you have any questions/comments about privacy, please email us via our contact page.
Despatch Lead Times:
Most orders will be despatched within 3 working days of receipt of your paid order.
We expect to despatch any item within 5 working days of order, unless the item is specified as ‘Awaiting Stock’ or a longer lead time is otherwise specified on the product page. As a general rule, orders placed up to 10am will be despatched the within 2 working days.
If you require a specific delivery date please contact us to discuss your requirements.
Refunds, Returns & Cancellations
Returns & Refunds:
In the event that you are not satisfied with any purchase from Professional Golf Europe, you may return unused goods, along with all original packaging and any labels within 30 days of receipt for a full refund.
All goods come with a 12 month guarantee (unless otherwise stated). If an item is delivered faulty or becomes faulty through normal use then the following action needs to be taken:
For purchases under 30 days old, we will exchange the faulty item at our expense. Please e-mail email@example.com with your order number/proof of purchase and daytime contact number so we can arrange a collection. Once we have received the product we will despatch a like for like replacement. Components of item may be replaced at our discretion rather than the whole unit.
For purchases over 30 days old but less than 12 months old please contact us in the first instance with details of the issue. You may be asked to return the item to us, along with a covering letter stating the fault, your order number/proof of purchase, and your daytime contact number.
If you are unable to return the product we can offer a fully tracked collection service where we will organise the collection of you order from a place and day of your choosing, this service is available Monday to Friday, 0900-1700. This service is available in the UK only and costs £9.99, payable in advance. If you wish to use this service please contact Customer Services who will advise.
We will inspect the item and, at our discretion, repair, replace, offer a like for like replacement, or we may return the faulty item if we feel there has been no manufacturing fault.
In cases where we feel there is no manufacturing fault, we may offer to repair the faulty item at your cost, if you accept the offer you will be required to pay for the repair before we proceed.
The Distance Selling Regulations allow you to examine the goods you have ordered as you would be able to do in a shop. This allows you to remove packaging if necessary, but NOT use any products on a golf course where they could become dirty or damaged. Products that are returned with signs of outdoor use will be subject to a charge necessary to return the product to ‘as new’ condition. After return of the goods, we will refund your money in a maximum of 30 days.
You have the right to cancel your purchase before delivery or up to the 7 days after you receive your goods.
If you exercise your right to cancel your order after the goods have been despatched, you will be responsible for returning the goods to Professional Golf Europe at your own risk and cost, therefore, we strongly recommend you use an insured delivery method. We cannot accept responsibility for the returned goods until a member of our staff has signed for receipt of the goods.
We offer a fully tracked collection service where we will organise the collection of you order from a place and day of your choosing, this service is available Monday to Friday, 0900-1700. This service is available in the UK only and will cost £9.99. If you wish to use this service please contact Customer Services who will advise. Please include the delivery note (or other identifying paperwork) which contains the order number and account details.
To cancel you must inform us in writing (email, letter or fax), a phone call is not acceptable.
After you have placed your order, unless otherwise agreed (for example if we are awaiting delivery of a product and have let you know), we have 30 days to deliver the goods to you. If we do not do this then you have the right to cancel the order for a full refund