Stewart Golf Terms & Conditions Of Sale
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 inclusive 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.