TERms and conditions

TERMS AND CONDITIONS OF SALE – “THE AGREEMENT” (CONSUMERS)

IMPORTANT: Please read the wording of this Agreement carefully as it contains the terms and conditions (“the Conditions”) upon which Golf Spikes Direct Ltd / www.golfspikes.co.uk and/or any website owned by or operated by Golf Spikes Direct Ltd including third party websites such as eBay and Amazon.

(“Us”/” We”/” Our”) 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 (“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 accepted Your order. An order is not accepted until Your credit/charge/debit card is processed. Your card will not be processed until We have verified that Your order can be fulfilled from stock (except for custom fit orders, which are debited when We place the order with the manufacturer). Any e-mail, on-screen receipt or other acknowledgement of Your order is merely to report that Your 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 Where products are marked as in stock, this may refer to stock held at our warehouse, store or one of our partnership stores or suppliers/manufacturers. Stated delivery times may vary depending on the location and type of product ordered.
• 1.5 Products marked as ‘pre order’ will be notified to you within 48hrs of an expected delivery date. We recommend you contact our sales line and speak to our sales team prior to placing your order. Our sales team can secure a deposit for your item and advise you of an expected delivery date. We will contact you to complete your payment once the item is available for shipping.
• 1.6 All custom-fit and personalised products require full payment at the time of ordering.  No refunds can be given on this type of order.
• 1.7 Click and Collect service of an item can only be collected from us if you have spoken with our sales team and arranged this prior to placing your order. Our sales team can arrange for your item to be reserved or made available to be collected from us.  No collections can be made from our warehouse, partnership stores or suppliers at any time. You will be required to show us proof of purchase and show the credit or debit card that was used to make payment. You will be required to sign for your purchase upon collection. No item will be released to third parties or any persons unless the click and collect service has been authorised by us prior to collection.

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 through our secure Nochex payment gateway by using your credit card or debit card: Visa and Mastercard are accepted.  Orders and payments can also be made over the telephone. Goods will not be dispatched 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. If ordering outside of the UK we reserve the right to charge more for large or bulkier orders. You will be contacted prior to order acceptance to agree these additional costs.  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 can take payment over the telephone by calling our sales line. Our sales advisor will require your card details and we will only ship goods to the registered card holder’s address.  We accept all major credit and debit cards. 

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 You 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 For mainland UK mainland delivery will normally be made within 3-5 business days (excludes custom-fit) after the order is accepted Monday to Friday. We will normally dispatch Goods by first class or second-class post or courier to mainland UK excluding any area separated by water from the mainland (delivery to Northern Ireland may take longer). You can request Next Working Day delivery for an additional charge. Please see our Shipping Information. We do not ship on weekends or bank holidays.
• 4.2 Freight and insurance for deliveries outside mainland UK (excluding any area separated by water from the mainland) is charged extra at cost. Please see Our delivery charges as revised from time to time on Our website. If the Goods are subject to import duties and/or taxes for overseas orders, these costs will be solely borne by You.
• 4.3 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 or non-delivery of Goods. We will take reasonable steps to notify You within 14 days of order confirmation if Goods will not be shipped as ordered.
• 4.4 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.
• 4.5 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.

5 Returns

• 5.1 Provided You are a private consumer You may cancel any order made by You via Our website at any time within 30 days of receipt of the Goods. This Condition extends your statutory rights of cancellation. You must notify Us either by e-mail via our ‘contact us’ page. If you wish to return Goods. Return shipping costs will only be refunded where We have sent faulty Goods in error. The provisions of this Condition 5.1 shall not apply in respect of any Goods which are: 
• 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
• 5.1.4 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 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.
• 5.4 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.

5.5 Any returned items must be returned at your own cost and must be packed in its original packaging and suitably labelled addressed to our Returns Department at Golf Spikes Direct Ltd (see returns policy for further details)

• Goods must be returned in the same condition that they were in when dispatched to you. For our contact details go to our ‘contact us’ page. 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.
• 5.6 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.
• 5.7 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.
• 5.8 Due to the technical nature of certain electric trolleys, GPS units and Range Finders, should you need to return such as item due to a fault, we may put you in direct contact with the manufacturer who will be able to offer specialist advice and speed up the whole process for you.

6 Faulty Goods

• 6.1 All Goods come with a 30-day guarantee backed by the manufacturer.
• 6.2 In relation to faulty Goods: 
• 6.2.1 For purchases under 30 days old (from date of dispatch by Us), We will exchange the item at Our expense. Please e-mail us via our ‘contact us ‘page for details.
• 6.2.2 For purchases over 30 days old (from date of dispatch 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 14 Day Winter Test Drive Programme for clubs sold by Golf Spikes Direct Ltd (Applicable to www.golfequip.co.uk only)

This offer is available to Our website customers upon the following terms

• 8.1 If for any reason You are not happy with the performance of Your club(s) You may return them to Us within 14 days of purchase. Clubs returned under this offer must be returned at Your own cost and We accept no liability for Goods not received or damaged in transit. Upon receipt and inspection of the clubs We will e-mail You a voucher worth 90% of the price You paid for such clubs (excluding delivery charges) towards the purchase of alternative club(s) offered for sale by Us providing the clubs meet our normal wear and tear policy.
• 8.2 During the 14 days there is no limit on the number of times You can use the clubs BUT this offer applies to clubs that are not damaged and show only normal wear and tear. We reserve the right to refuse any equipment back should we believe they do not consistently meet our standards and ‘normal wear and tear’ policy or have been misused in any way. 
• 8.3 Clubs may only be exchanged once under this offer.
• 8.4 This offer does not apply to: 
• 8.4.1 Boxed sets of clubs (found in our “Package Sets” section);
• 8.4.2 Custom Fit Irons or Woods orders;
• 8.4.3 Second hand clubs.

Please contact us via our ‘contact us’ page if you wish to return clubs under this Condition. Please include a cover note with Your order number and notify Us which email address You would like Us to send Your voucher to.

9 Loyalty Points Scheme 

• 9.1 The Loyalty Points Scheme is open to all consumers aged at least 18 years, who purchase Goods via Our website and all Goods on Our website qualify for award or redemption of Loyalty Points unless otherwise stated. For the avoidance of doubt, Loyalty Points may not be redeemed against delivery charges or insurance or any other amounts owed by You to Us.
• 9.2 One Loyalty Point will be awarded for every complete £1 You spend on Goods purchased via Our website (except for Gift Certificates and excluding all delivery charges and insurance).  The Loyalty Points will be credited to your account only once Your order has been fully dispatched to You. You may then redeem them against subsequent purchases of Goods via Our website on a basis of 1 Loyalty Point = £0.01. Please note: you may only pay for a maximum of 50% of any order with Loyalty Points. Any Loyalty Points not used will be carried over for use against subsequent orders. You will be guided through the process of opening an account when You place your first online order with Us. Please note, you will not be able to collect Loyalty Points unless you open an account with Us, therefore You will not be able to collect Loyalty Points in respect of those purchases made using the express check-out.
• 9.3 We reserve the right at Our discretion from time to time to alter the terms under which You may collect and redeem Loyalty Points, and to withdraw the Loyalty Points Scheme without notice.
• 9.4 We may choose to issue bonus Loyalty Points from time to time.  The collection and redemption of any such bonus Loyalty Points will be subject to any terms and conditions we impose in respect of them, including Our right to withdraw or discontinue such bonus Loyalty Points at Our sole discretion.
• 9.5 Loyalty Points You have collected will remain valid for 12 months from the date they are credited to Your account subject to these terms and conditions, after which they will lapse if You do not redeem them within this 12-month period.
• 9.6 All Loyalty Points which were awarded against Goods for which you subsequently obtain a refund will be deducted from Your account on a Loyalty Point per £1 or part £1 refunded basis.
• 9.7 Any Goods which You purchase using part cash and part Loyalty Points, and for which you subsequently obtain a refund will be refunded on the basis of the cash actually paid (less any deductions which may apply pursuant to these Conditions) however the Loyalty Points will be forfeited unless we have sent faulty Goods in error.
• 9.8 There is no cash return value for any Loyalty Point.
• 9.9 Loyalty Points are not transferable and will cease to be valid if you close Your account or We withdraw the Loyalty Points Scheme, in which case they may not be subsequently redeemed.
• 9.10 We may refuse to redeem or award any Loyalty Points if We deem in Our sole discretion that the Loyalty Points Scheme is being misused, or if you are in breach of any of these Conditions.

10 Limitation of liability

• 10.1 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.
• 10.2 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.
• 10.3 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.
• 10.4 Nothing in these Conditions shall limit Our liability in respect of death or personal injury caused by Our own negligence.
• 10.5 Save where expressly provided otherwise in these Conditions, subject to condition 10.4 Our entire liability under or in connection with:
• 10.5.1 any order or the Goods shall not exceed the price of the Goods; and
• 10.5.2 any award or redemption of the Loyalty Points shall be limited to crediting You with the Loyalty Points in the event that such points were incorrectly deducted or should have been credited but were not.

11 Miscellaneous 

• 11.1 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.
• 11.2 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.
• 11.3 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.
• 11.4 We reserve the right to randomly monitor and record Our inbound and outbound calls.
• 11.5 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.
• 11.6 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.
• 11.7 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.