1. THESE TERMS
1.1 What these terms cover
These are the terms and conditions on which we supply products to you, whether these are goods, services or digital content (membership benefits).
1.2 Why you should read them
Please read these terms carefully before you submit your order to us or subscribe as a member. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms or require any changes, please contact us to discuss.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 What these terms cover
We are Golf Cubs Ltd a limited company registered in England under company number 11642069. Our registered office is at 10 Herald Grove, Chellaston, Derby, DE73 5WE, United Kingdom.
2.2 How to contact us
You can contact us by email at email@example.com
2.3 How we may contact you
If we have to contact you, we will do so by telephone or by writing to you at the details you provided to us in your order or subscription details.
2.4 ” Writing” includes emails
When we use the words “writing” or “written” in these terms, this includes emails.
3. OUR CONTRACT WITH YOU
3.1 How we will accept your order
Our acceptance of your order will take place when we email you to confirm acceptance of it, at which point a contract will come into existence between you and us.
3.2 If we cannot accept your order
If we are unable to accept your order, we will inform you of this in writing and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
3.3 Your order number
We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
3.4 We only sell to the UK
Our website is solely for the promotion of our products in the UK. Unfortunately, we do not deliver to addresses outside the UK at the moment.
4. OUR PRODUCTS
4.1 Products may vary slightly from their pictures
The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.
4.2 Product packaging may vary
The packaging of the product may vary from that shown in images on our website.
4.3 Making sure your requirements are accurate
If we are delivering the product to a specification you have given us, you are responsible for ensuring that these details are correct.
5. YOUR RIGHTS TO MAKE CHANGES
If you wish to make a change to the product you have ordered, please contact us as soon as possible. We will let you know if the change is possible. If it is possible, we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see Clause 7– Your rights to end the contract).
6. PROVIDING THE PRODUCTS AND BENEFITS
6.1 Delivery costs and timing
The costs and timing of delivery will be confirmed to you when placing your order.
6.2 When we will provide the products
During the order process, we will let you know when we will provide the products to you. If the products are ongoing services or subscriptions, we will also tell you during the order process when and how you can end the contract.
- If you subscribe as a member, we will make available the membership benefits and members only content on our website from the date we confirm your membership
- We will supply the member only content to you until your membership expires.
6.3 When you become responsible for the goods
A product which is goods will be your responsibility from the time we deliver the product to the address you gave us.
6.4 When you own goods
You own a product which is goods once we have received payment in full.
6.5 What will happen if you do not give the required information to us?
We may need certain information from you so that we can supply the products to you, for example, handedness of golf clubs. If so, this will have been stated in the description of the products on our website. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information, we need within a reasonable time of us asking for it.
6.6 Reasons we may suspend the supply of products to you
We may have to suspend the supply of a product to:
- deal with technical problems or make minor technical changes;
- update the product to reflect changes in relevant laws and regulatory requirements;
- make changes to the product as requested by you or notified by us to you.
6.7 Requirements to provide correct details
You will be responsible for providing correct details for delivery. Should you fail to do so or not be present when the delivery arrives, the cost of any rescheduled delivery will be borne by you.
7. YOUR RIGHTS TO END THE CONTRACT
7.1 You can always end your contract with us
Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
- If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back), see Clause 10;
- If you want to end the contract because of something we have done or have told you we are going to do, see Clause 7.2;
- If you have just changed your mind about the product, see Clause 7.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods;
7.2 Ending the contract because of something we have done or are going to do
If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
- we have told you about an upcoming change to the product or these terms which you do not agree to (see Clause 5);
- we have told you about an error in the price or description of the product you have ordered, and you do not wish to proceed;
- there is a risk that the supply of the products may be significantly delayed because of events outside our control;
- we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 1 month; or
- you have a legal right to end the contract because of something we have done wrong
7.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013)
For most products bought online, you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
7.4 When you don’t have the right to change your mind
You do not have a right to change your mind in respect of:
- Using the members only resources;
- services, once these have been completed, even if the cancellation period is still running;
7.5 How long do I have to change my mind?
How long you have depends on what you have ordered and how it is delivered.
- Have you bought a membership? If so, you have a 30-day trial period to try the membership and explore the resources on offer for free. However, once you have completed this trial period you will be charged a monthly subscription fee as advertised at the time of purchase. If you cancel after we have started the membership, you will still be charged for the remainder of the month.
8. HOW TO END YOUR MEMBERSHIP
8.1 Tell us you want to end the contract
To end the contract with us, please let us know by doing one of the following:
- Email us at firstname.lastname@example.org. Please be sure to provide your name, home address, details of your subscription and, where available, your phone number and email address.
- Complete an FAQ form https://golfcubs.co.uk/faqs/ on our website.
9. OUR RIGHTS TO END MEMBERSHIP
9.1 Ending the membership
We may end the membership at any time by writing to you if you do not make any payment to us when it is due and you still do not make payment within 14 days of us reminding you that payment is due.
10. IF THERE IS A PROBLEM WITH A PRODUCT OR MEMBERSHIP
10.1 How to tell us about problems
We are under a legal duty to supply products that are in conformity with this contract. Nothing in these terms will affect your legal rights. If you have any questions or complaints about the product or membership, please email us at email@example.com
11. PRICE AND PAYMENT
11.1 Where to find the price for the product
The price of the product will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see Clause 11.3 for what happens if we discover an error in the price of the product you order.
11.2 We will pass on changes in the rate of VAT
If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
11.3 What happens if we got the price wrong?
It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
11.4 When you must pay and how you must pay
We accept payment via Stripe and PayPal. When you must pay depends on what products you are buying:
- For goods, you must pay for the products before we dispatch them.
- For membership benefits and to access member only content on the website you must pay the monthly subscription in advance.
12. OUR RESPONSIBILITY FOR LOSS AND DAMAGE SUFFERED BY YOU
12.1 We do not exclude or limit in any way our liability to you where it would be unlawful to do so
This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products.
12.2 Failure to follow instructions
You shall be responsible for ensuring that any website-based activity undertaken by you or others in your household is performed in accordance with the instructions contained and we accept no liability for any loss or damage which arises as a result of any failure to follow such instructions and safety advice.
12.3 We are not liable for business losses
We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
13. OUR RESPONSIBILITY FOR LOSS AND DAMAGE SUFFERED BY YOU
13.1 How we may use your personal information
14. OTHER IMPORTANT TERMS
14.1 Nobody else has any rights under this contract
This contract is between you and us. No other person shall have any rights to enforce any of its terms.
14.2 If a court finds part of this contract illegal, the rest will continue in force
Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.