TERMS AND CONDITIONS OF SALE - "THE AGREEMENT" FOR ALL GOODS/SERVICES AS SOLD VIA THE GOBIGOLF.EU WEB SHOP
IMPORTANT: Please read the wording of this Agreement carefully as it contains the terms and conditions ("the Conditions") upon which WTRT bvba trading as GobiGolf.eu ("GobiGolf") of Paleisstraat 68, 2018 Antwerp ("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:
1.1 You may make an order via Our website.
1.2 If an order cannot be accepted or delivered by Us, you will be contacted by e-mail. If your credit/charge/debit card would have been processed and received, it will be refunded 100%. 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 (within 7 days of notification).
2 Payment and Prices
2.1 All prices are quoted in Euro and do not include cost of delivery and packaging (unless otherwise specified).
2.2 Payment shall be made at the time that the order is placed. Payment may be made by major credit card and debit cards: Maestro, Visa, Mastercard and Bancontact/MisterCash. We DO NOT accept Electron cards or American Express. Goods will not be despatched 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. 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.
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.
4.1 Deliveries will normally be made within 5 business days after the order is accepted/processed Monday to Friday and We will normally despatch Goods by TNT De Post or other courier.
4.2 Delivery is free of charge for orders of 50€ and more on the EU-mainland. For orders lower than 50€, a delivery charge will be charged which will be indicated during check-out process of the order. 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.
5.1 You may cancel any order made by You via Our website at any time within 7 days of the date of purchase. If the Goods have already been shipped, they need to be returned in their original closed packaging. You must notify Us either by e-mail to email@example.com and by telephone on telephone number +32 497 43.34.40 if you wish to to cancel the order. 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 personalized; or
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 labeled addressed to GobiGolf - WTRT bvba. Goods must be returned in the same condition that they were in when dispatched to you. We recommend that You use a reputable courier. 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 authorized by Us in writing, any Goods can only be returned for credit if unused (except if in accordance with the 30 Day Test Program) , 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
6 Faulty Goods
6.1 All Goods come with a 24 month guarantee backed by the manufacturer.
6.2 In relation to faulty Goods:
6.2.1 Please send Us an e-mail at firstname.lastname@example.org detailed description of the fault clarified with pictures.
6.2.2 Normal wear and tear is not included as faulty
6.2.3 Abuse is not regarded as faulty
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 30 Day Test Program for clubs sold by the GobiGolf Web Shop
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 30 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 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. The voucher will be valid for 60 days.
8.2 During the 30 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.
8.3 Clubs may only be exchanged once under this offer.
8.4 This offer is only applicable for clubs and/but does not apply to:
8.4.1 custom fit clubs;
8.4.2 golf balls or bags;
Please contact Usif 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 Limitation of liability
9.1 Subject to Conditions 9.3 and 9.4 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.
9.2 Subject to Conditions 9.3 and 9.4 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.
9.3 Conditions 9.1 and 9.2 do not apply where You deal as a consumer to the extent that such exclusions or limitations are not permitted by law.
9.4 Nothing in these Conditions shall limit Our liability in respect of death or personal injury caused by Our own negligence.
9.5 Save where expressly provided otherwise in these Conditions, subject to condition 9.4 Our entire liability under or in connection with:
9.5.1 any order or the Goods shall not exceed the price of the Goods; and
9.5.2 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.
10.1 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.
10.2 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.
10.3 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.
10.4 We reserve the right to randomly monitor and record Our inbound and outbound calls.
10.5 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.
10.6 This Agreement shall be governed by and construed in accordance with the laws of Belgium and only the courts of Antwerp, Belgium, 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.