Terms & conditions
1. Interpretation
In these Terms and Conditions ( Terms ), the following words and phrases shall
have the following meanings: "the Buyer" means the person, firm or company
who purchases Goods from the Company: "the Company" means [ GOLF STUFF
LTD]; "Contract" means the contract between the Company and the Buyer
which shall be deemed to incorporate these Terms; "Goods" means any
goods agreed in the Contract to be supplied by the Company to the Buyer; "Place
of Delivery" means the place to which the Goods are to be delivered. In these
Terms, reference to any statute or statutory provision shall be construed as a
reference to such statute or statutory provision as amended, modified, re-enacted
or replaced from time-to-time.
2. The Contract The Contract shall be on these Terms to the exclusion of all other
terms and conditions, including any such terms and conditions that are purported
to be included or applied by the Buyer. No terms and conditions contained in the
confirmation of order, purchase order or other document of the Buyer will form
part of the Contract.
3. Delivery Any dates specified by the Company for delivery of the Goods are
intended to be an estimate only. If no date is specified for delivery of the
Goods, delivery shall be within a reasonable time. Subject to the other provisions
of these Terms, the Company shall not be liable for any loss, whether direct
or consequential, economic or loss of profits or otherwise, arising directly
or indirectly out of any delay in the delivery of the Goods nor will any delay
entitle the Buyer to terminate or rescind the Contract unless the delay exceeds
60 days. All PowaKaddy products are delivered in no longer than 5 working days.
Any delivery delays will be notified within 24 hours of purchase.
4. Risk in and Ownership of the Goods Risk in the Goods shall pass to the Buyer
on delivery Ownership in the Goods shall not pass to the Buyer until the Company
has received in full in cleared funds all sums due to the Company in respect of
the Goods and all other sums which are or may become due to the Company from the
Buyer on any account. Until ownership of the Goods has passed to the Buyer, the
Buyer shall: hold the Goods on a fiduciary basis as the Company’s bailee;
store the Goods separately from all other goods of the Buyer or any third party
in such a way that they remain identifiable as the Company’s property; not
destroy or deface any identifying mark on the Goods or their packaging; maintain
the Goods in satisfactory condition insured with the Company’s interest noted
on the policy and hold any proceeds of such insurance on trust for the Company
and not mix them with any other money.
5. Price The price for the Goods shall, unless otherwise agreed, be the price
set out on in the Company’s price list and on the company's web site. The
price for the Goods shall be displayed on the price list and web site inclusive
of vat but exclusive of all costs of carriage and insurance which the Buyer shall
pay in addition.
6. Payment Subject to paragraph 5, payment of the price of the Goods shall be
due before the goods are shipped. Payment shall not be deemed to have taken place
until the receipt by the Company of cleared funds.
7. Warranties The Company warrants that the Goods are of satisfactory quality.
If the Buyer wishes to make a claim under this warranty, the Buyer shall give
written notice to the Company within 14 days of the discovery of the defect and
give the Company a reasonable opportunity to inspect the Goods in question. The
Company shall not be liable for any breach of warranty if the Buyer makes any
further use of the Goods after giving such notice or alters or repairs the Goods
without the agreement of the Company. The Company’s liability under the warranty
shall be limited to repairing or replacing the Goods in question or refunding
the price of such Goods.
8. Limitation of Liability The Company’s liability in contract, tort or otherwise
arising out of the subject matter of the Contract shall not exceed the original
price of the goods and the Company shall under no circumstances be liable to the
Buyer for any consequential, indirect or economic loss or damages.
9. Force Majeure If either party is subject to an event of Force Majeure, that
is circumstances outside its reasonable control, including but not limited to
war, fire, industrial disputes or civil commotion, it shall notify the other and
the first party’s obligations under these Terms shall be suspended until
it notifies the other party of the end of such event of Force Majeure.
10. General If any part of these Terms is found to be void or unenforceable by
any Court of competent jurisdiction, such part shall be severed from these Terms
which will otherwise remain in full force and effect. These Terms shall be governed
by and interpreted according to English Law and the parties submit to the exclusive
jurisdiction of the English Courts.
Contact
If you need to contact us, please Email:store@golfstuff.co.uk or alternatively, you can contact us on at:
Golf Stuff Ltd
Willesley Park Golf Club
Measham Road
Ashby-de-la-Zouch
Leicestershire
LE65 2PF
Tel:+44 (0) 1530 414820
Email: store@golfstuff.co.uk
