Penfold Golf Limited - Terms and Conditions of Sale and use of this Website

PLEASE READ THESE TERMS AND CONDITIONS OF SALE CAREFULLY BEFORE PLACING YOUR ORDER AND RETAIN A COPY OF THESE TERMS AND CONDITIONS AND YOUR ORDER FOR FUTURE REFERENCE.

This page states the Terms and Conditions (the “Terms”) under which You may use the website located at www.penfoldgolf.com (the “Website”) and which govern Our supply of goods to You. 

Penfold Golf Limited, referred to as “We”, “Us” or “Our” in these Terms, may revise these Terms at any time by updating this posting.  You should visit this page periodically to review the Terms and Conditions because they are binding on You. Continued use of the Website constitutes Your agreement to all such revised Terms. If You do not accept the Terms and Conditions stated here, do not use the Website. 

1.                       Formation of the Contract

No contract exists between You and Us for the sale of any goods until You have received confirmation that Your order has been dispatched.  We will not take any payment from Your account until Your order is confirmed as dispatched.   Once You receive confirmation that Your order has been dispatched, there is a binding legal contract between the parties (the “Contract”).  Any goods on the same order which are not confirmed as having been dispatched do not form part of that Contract.

In using this Website and by placing an order, You warrant that You are legally capable of entering into binding contracts and You are at least 18 years old.

2.         Description and price of the goods

The description and price of the goods You order will be as shown on this Website at the time You submit Your order.  You can correct any errors to Your order up to the point at which You click on “submit” on the final page of the ordering process.

Sometimes the product specifications of goods may change, in which case We will reasonably offer You a substitute of the same or better quality at the same price.  All sizes and measurements are approximate but We try to make sure that they are as accurate as possible. On the rare occasion that there is an error, We will advise You about it within a reasonable amount of time.

The goods are subject to availability.  If on receipt of Your order the goods You have ordered are not available in stock, We will inform You within a reasonable amount of time and if You are free to cancel Your order if You wish to do so.  If You cancel Your order We will refund or credit You for any sum that has been paid by You or debited from Your credit card or other account for those goods. 

There may be restrictions in place from time to time in relation to the number and type of goods  which You may purchase in any one order, as well as a maximum sum of money which may be spent in any one order.  Any such restrictions will be advised on this Website.

Every effort is made to ensure that prices shown on this Website are accurate at the time You place Your order.  If an error is found, We will inform You within a reasonable amount of time and offer You the option of reconfirming Your order at the correct price or cancelling Your order.  If You cancel, We will refund or credit You for any sum that has been paid by You or debited from Your credit card or other account for the goods.

The price of the goods does not include the cost of delivery Details of delivery charges are shown on the Website.  Prices and delivery charges include VAT where applicable.  Where appropriate VAT is charged at the rate prevailing at the relevant tax point and will be shown separately on Your invoice/statement.

Goods and promotions which We offer on the Website may not necessarily be available in store and vice versa.

3.                       Payment        

Payment for the goods and delivery charges can be made by any method shown on the Website at the time You place Your order. 

Credit or debit card information is recorded at the point at which You submit Your order, with Your card being authorised against the transaction.  However, We will not take any payment until Your order is confirmed as dispatched.

4.                       Delivery

The goods You order will be delivered to the address You gave when You placed Your order, subject to payment of the relevant delivery charge.  If We do not deliver to a particular destination You will be so notified by Us before You submit Your order or as soon as possible thereafter. 

We aim to dispatch all deliveries within 5 working days (Monday - Friday) subject to the goods being in stock.

You will need to sign for the goods at the point of delivery.

If there is no one at the address given who can accept delivery of the goods, the postman or courier should notify You of an alternative delivery date, or a place to collect the goods, or details of how to arrange an alternative delivery date.

Every effort will be made to deliver the goods as soon as possible after Your order has been accepted and in any event within 30 days of Your order.  However, We will not be liable for any loss or damage suffered by You through any reasonable or unavoidable delay in delivery. We will inform You of any delay as soon as possible.

You will become the owner of the goods You ordered and responsible for risk of loss of or damage to them once they have been delivered to You.

5.                       Your right of cancellation

If You are a consumer (but not where You are purchasing goods in the course of a business), You have the right to cancel the Contract at any time up to the end of seven working days after You receive the goods.  A working day is any day other than weekends and bank or other public holidays.

To exercise Your right of cancellation, You must give written notice to Us by hand or post, fax or email, at the address, fax number or email address shown below, giving details of the goods ordered and (where appropriate) their delivery.

If You exercise Your right of cancellation after the goods have been delivered to You, You will be responsible for returning the goods to Us at Your own cost (unless We delivered the goods in error or if the goods are damaged or defective when delivered).  The goods must be returned to the address shown below.  You must take all reasonable care to ensure the goods are not damaged in the meantime or in transit.

Once You have notified Us that You are cancelling the Contract, and provided the goods have been received in an acceptable condition, We will refund or credit You within 30 days for any sum that has been paid by You or debited from Your credit card or other account for the goods.

If You are contracting in the course of your business You may only cancel the Contract if You claim that the goods are defective. In that event, any refund will be made in accordance with Our refunds policy detailed at Clause 5 of these Terms.

6.                       Refunds

Subject to the provisions of clause 5, refunds are at our sole discretion. If You wish to obtain a refund, We will notify You of any refund via email within a reasonable period of time.  We will usually refund any money received from You using the same method originally used by You to pay for Your purchase.  If We are making a refund to You We will usually process the refund due to You as soon as possible and, in any case, within 30 days of the day on which We received notice from You that You wished to obtain a refund.

If You wish to obtain a refund because of a defect in the goods You will be refunded in full, provided that We are satisfied that the defect is genuine and that We cannot replace the goods within a reasonable period of time.  Faulty goods may be returned.

7.                        Warranty

If any goods You receive from Us are damaged, defective or incorrect You should notify Us in writing at the address, fax number or email address shown below and We will provide You with a replacement free of charge provided that You return the damaged, defective or incorrect item to Us within a reasonable time.  This does not affect Your statutory rights.

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, use otherwise than as recommended by Us, or failure to follow Our instructions.               

8.                       Your information (Data Protection)

By submitting an order, You agree that by doing so You consent to Your information being used to verify Your identity and for credit assessment (including where appropriate pre-authorisation).  We may also use Your information for payment recovery or fraud and debt tracing.  We will pass on details of defaulting accounts to debt collection agencies if necessary.

Subject to the above, We do not disclose or sell information about You to any other company or agency.

In accordance with the Data Protection Act 1998, We will take all reasonable precautions to keep the details of Your order and payment secure, but unless We are negligent, We will not be liable for unauthorised access to information supplied by You.

Unless You agree otherwise, We will only use the information You provide about Yourself for the purpose of fulfilling Your order and as provided for above.  You can correct any information about Yourself, or ask for information about Yourself to be deleted, by giving written notice to Us at the address, fax number or email address shown below.

When You visit this Website or send e-mails to Us, You are communicating with Us electronically. We communicate with You by e-mail or by posting notices on the website. For contractual purposes, You consent to receive communications from Us electronically and You agree that all agreements, notices, disclosures and other communications that We provide to You electronically satisfy any legal requirement that such communications be in writing. This condition does not affect Your statutory rights.

It is Your responsibility to ensure that Your login details, password and all other details and information relating to Your account and purchase remain confidential at all times.

9.                       Cookies

Like many websites, Our Website uses cookies. Cookies are data files that are stored on Your computer.  They may contain information that enables a web site promoter to identify each time a user visits a website, to see how the users are interacting with the website and to record how frequently they are returning. The cookies that We use do not contain personal data about You.

When you come to Our Website the server attaches a small text file to Your hard drive - that is the cookie. This file is unique to You, and it can be read by the server or Your browser software. This unique cookie tells Us that Your computer has been used to re-enter Our Website.  We may also use cookies to authenticate and record Your acceptance to other applicable terms and conditions. Finally, We may also use cookies to authenticate and record Your acceptance to the handling of other information, including personal data that You may voluntarily provide from time to time.

Cookies cannot be executed as code or used to deliver a virus. Other servers cannot read them and personal information cannot be gathered from them. They are simply an identifier shared between you and Us; We do not share them with anyone.

If You do not want to accept cookies from Us, Your browser software should allow You to decline to accept cookies. Look, for example, in the Preferences or Internet Options features of Your browser to do this. However, You should know that if you disable acceptance of cookies or modify Your cookies in any manner, You may not be able to access Our Website or specific information, materials and/or services available on Our Website.

10.                   Copyright

All content including pictures, designs, logos, photographs, text written and other materials on this Website are owned, controlled or licensed to Us.  They are protected by copyright, trademarks and other intellectual property rights.  Unauthorised use of this content is prohibited.

11.                    Links

These Terms only cover this Website.  Any links within this Website are for convenience only.  We accept no responsibility or liability for the content of websites which are not under Our control.  You use such other websites at your own risk.

12.                   Limitation of Liability

12.1                This clause 12 does not affect Your statutory rights if you are dealing as a consumer when purchasing the goods.

12.2               We shall not be liable to You in contract, tort (including without limitation negligence) and/or breach of statutory duty for any loss or damage which You may suffer by reason of any act, omission, neglect or default (including negligence) in the performance of this Contract by Us, or Our agents, in a sum which is greater that the total price of the Contract.

12.3                We shall not be liable to You in contract, tort (including without limitation negligence) and/or breach of statutory duty for any loss of profits, business, goodwill, reputation, revenue or business opportunity whether direct or indirect and for any other indirect or consequential (including economic) loss of any kind which You may suffer by reason of any act, omission, neglect or default (including negligence) in the performance of this Contract by Us or our agents.

12.4               Nothing in these Terms shall operate so as to:

·                          exclude either party’s non-excludable liability in respect of death or personal injury                caused by its negligence or the negligence of its servants or agents; or

·                          affect Your statutory rights where goods are sold to You and You are dealing as a     consumer within the meaning of the Unfair Contract Terms Act; or

·                          exclude the application of Section 12 of the Sale of Goods Act 1979; or

·                          exclude liability for fraudulent misrepresentation.

12.5                We will not be held responsible for any delay or failure to comply with the obligations under these Terms if the delay or failure arises from any cause which is beyond Our reasonable control.

12.6               We do not warrant that the Website will operate error-free nor that the Website and its server are free of computer viruses.  If Your use of the Website results in the need for servicing or replacing equipment or data, We are not responsible for those costs.

12.7                Save as set out in these Terms, We, to the fullest extent permitted by law, exclude all warranties, conditions and implied terms, including the warranty of satisfactory quality, non-infringement of third parties’ rights, and the warranty of fitness for particular purpose.

13.                    Applicable law

The construction, validity and performance of these Terms shall be governed in all respects by the laws of England and Wales . Any dispute arising under these Terms shall be subject to the exclusive jurisdiction of the English courts and the parties waive any objection to proceedings in such courts on the grounds of venue or on the grounds that proceedings have been brought in an inappropriate forum.

14.                   General

For the avoidance of doubt nothing in these Terms shall confer on any third party any benefit or the right to enforce any provision of these Terms.

The rights and remedies of each party in respect of these Terms shall not be diminished, waived or extinguished by the granting of any indulgence, forbearance or extension of time by one party to the other nor by any failure of or delay by a party in ascertaining or exercising any such rights or remedies.

The provisions of these Terms are severable and distinct from one another, and, if at any time any of the provisions is or becomes invalid, illegal or unenforceable, the validity, legality or enforceability of the other provisions shall not in any way be affected or impaired.

15.                    Contact details

This Website is owned and operated by Penfold Golf Ltd (Registered in England 4933026).

You can contact us by:

Phone: +44 (0) 121 250 5745

(Please note that calls may be recorded or monitored for training purposes.)

Fax:  +44 (0) 121 250 5744          

or by writing to us at: Penfold Golf Ltd.209 iBEC, Holt Court, South Jennens Road, Aston Science Park, Birmingham, B7 4EJ

Registered Office;

Unit 3, 1st Floor, Ashted Lock, Dartmouth Middleway, Astone Science Park, Birmingham, B7 4AZ

Alternatively, you can email us via the response form to be found within the Contact Us section at the top of this page.

Complaints

In the unlikely event that You are unhappy with Our goods or with Our service to You, please refer complaints to contacts above.