The Golfers Club
TERMS AND CONDITIONS
Website Terms and Conditions of Use relating to www.golfersclub.co.za
These Terms and Conditions (“the Terms and Conditions”) govern your (“the User”) use of the THE GOLFERS CLUB (Pty) Ltd website located at the domain name www.golfersclub.co.za (“the Website”). By accessing and using the Website, the User agrees to be bound by the Terms and Conditions set out in this legal notice. The User may not access, display, use, download, and/or otherwise copy or distribute Content obtained on the website for marketing and other purposes without the consent of the Provider.
By using this Website or communicating with the Provider by electronic means, the user consents and acknowledges that any and all agreements, notices, disclosures, or any other communication satisfies any legal requirement, including but not limited to the requirement that such communications should be in writing.
E-Commerce & Privacy
The Website (www.golfersclub.co.za) sells golf goods online by Eft and Credit Card. The use of any golf equipment bought from this Website is at the purchaser’s risk. The purchaser/ user indemnifies and holds the Provider harmless against any loss, injury or damages which may be sustained as a result of using the golf equipment sold on the Website.
The private information required for executing the orders placed through the e-commerce facility, namely the User’s personal information, delivery address and telephone numbers will be kept in the strictest confidence by the Provider and not sold or made known to third parties. Only the necessary information, that is the delivery address and contact phone number will be made known to third parties delivering the product.
The Provider undertakes that it has taken all reasonable precautions to secure the credit card processing that is carried out to receive payment for goods sold. The Provider cannot be held responsible for security breaches occurring on the User’s electronic device (Personal Computer or other electronic device used to browse the Website), which may result due to the lack of adequate virus protection software or spyware that the User may inadvertently have installed on his/her device.
The Provider will supply all goods to the delivery company in good order. The Provider will not be held liable for the condition of goods arriving at the User’s chosen delivery address.
Cancelled orders on the e-commerce facility will be refunded after deduction of a 10% charge for administration costs.
The Provider reserves the right to cancel an order for which payment has already been received. This may occur if stock is insufficient or the quality of goods ordered does not meet the Provider’s standards. Should the Provider exercise this right, the User will receive a full refund with no deductions.
Updating of these Terms and Conditions
Provider reserves the right to change, modify, add to or remove from portions or the whole of these Terms and Conditions from time to time. Changes to these Terms and Conditions will become effective upon such changes being posted to this Website. It is the User’s obligation to periodically check these Terms and Conditions at the Website for changes or updates. The User’s continued use of this Website following the posting of changes or updates will be considered notice of the User’s acceptance to abide by and be bound by these Terms and Conditions, including such changes or updates.
Copyright and Intellectual Property Rights
Provider provides certain information at the Website. Content currently or anticipated to be displayed at this Website is provided by Provider, its affiliates and/or subsidiary, or any other third party owners of such content, and includes but is not limited to Literary Works, Musical Works, Artistic Works, Sound Recordings, Cinematograph Films, Sound and Television Broadcasts, Program-Carrying Signals, Published Editions and Computer Programs (“the Content”). All such proprietary works, and the compilation of the proprietary works, are copyright the Provider, its affiliates or subsidiary, or any other third party owner of such rights (“the Owners”), and is protected by South African and international copyright laws. The Providers reserve the right to make any changes to the Website, the Content, or to products and/or services offered through the Website at any times and without notice. All rights in and to the Content is reserved and retained by the Owners. Except as specified in these Terms and Conditions, the User is not granted a license or any other right including without limitation under Copyright, Trademark, Patent or other Intellectual Property Rights in or to the Content.
Product Availability and Pricing
We cannot guarantee product availability and products, nonetheless, these items may not be available for immediate delivery. We reserve the right, without liability or prior notice, to revise, discontinue, or cease to make available any or all products or to cancel any order. If there is any revision, discontinuance, or cessation, we may, in our discretion, ship products which have substantially similar functionality and specifications to the products ordered or cancel your order.
Pricing and Product Information
The Golfers Club makes every effort to provide current and accurate information relating to The Golfers Clubs products and prices, but does not guarantee the currency or accuracy of any such information. Information relating to The Golfers Club products is subject to change without notice. Prices are subject to change at any time prior to The Golfers Club acceptance of your order. In the event we discover a material error in the description or availability of a product that affects your outstanding order with The Golfers Club, or an error in pricing, we will notify you of the corrected version, and you may choose to accept the corrected version, or cancel the order. If you choose to cancel the order, and your Eft (Electronic Fund Transfer) has already been made for a purchase, The Golfers Club will issue a credit to your bank account in the amount of the charge.
Prices that appear on the site are The Golfers Club Store prices unless otherwise indicated. The Golfers Club Store prices are not intended to represent the price of The Golfers Club products at other retail stores. Prices at other retail stores are set by the retailer.
Limited License to General Users
Provider grants to the User, subject to the further terms of these Terms and Conditions, a non-exclusive, non-transferable, limited and revocable right to access, display, use, download and otherwise copy the current and future Content for personal, non-commercial and information purposes only.
This Website and the Content may not be reproduced, duplicated, copied, resold, visited or otherwise exploited for any commercial purpose without the express prior written consent of Provider. The license does not allow the User to collect product or service listings, descriptions or other information displayed here, and does not allow any derivative use of this Website or the Content for the benefit of another merchant. The User may not frame nor use framing technologies to enclose the Provider Website or the Content nor any part thereof without the express written consent of Provider.
Provider and the Owners, their affiliates or subsidiary reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
Any unauthorised use terminates this license.
Limitation of liability
The Website and all Content on the Website, including any current or future offer of products or services, are provided on an “as is” basis, and may include inaccuracies or typographical errors. The Owners make no warranty or representation as to the availability, accuracy or completeness of the Content. Neither Provider nor any holding company, affiliate or subsidiary of Provider, shall be held responsible for any direct or indirect special, consequential or other damage of any kind whatsoever suffered or incurred, related to the use of, or the inability to access or use the Content or the Website or any functionality thereof, or of any linked website, even if Provider is expressly advised thereof.
Privacy: casual surfing
The User may visit the Website without providing any personal information. The Website servers will in such instances collect the IP address of the User computer, but not the email address or any other distinguishing information. This information is aggregated to measure the number of visits, average time spent at the Website, pages viewed, etc. Provider uses this information to determine use of the Website, and to improve Content thereon. Provider assumes no obligation to protect this information, and may copy, distribute or otherwise use such information without limitation.
Choice of Law
This Website is controlled, operated and administered by Provider from its offices within the Republic of South Africa. Access to the Website from territories or countries where the Content or purchase of the products sold on the Website is illegal is prohibited. The User may not use this Website in violation of South African export laws and regulations. If the User accesses this Website from locations outside of South Africa, that User is responsible for compliance with all local laws. These Terms and Conditions shall be governed by the laws of the Republic of South Africa, and the User consents to the jurisdiction of the Witwatersrand High Court in the event of any dispute. If any of the provisions of these Terms and Conditions are found by a court of competent jurisdiction to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of these Terms and Conditions, and the remainder of these Terms and Conditions shall continue in full force and effect.
These Terms and Conditions constitute the entire agreement between the Provider and the User with regard to the use of the Content and this Website.
This Delivery Policy forms part of the Standard Terms and Conditions of Sale;
- Delivery methods will include 1) Direct to a Golfers Club store, 2) via the South African Post Office ("SAPO") or, 3) by Courier to the Customers chosen delivery address;
- When effecting delivery at the customer's premises or such other premises as nominated by the Customer, the Customer shall be responsible for receiving and checking the Products in the presence of the courier representative making delivery;
- Delivery of the products at the shipping or delivery address nominated by the Customer shall constitute good delivery. Any acknowledgement of receipt by the Customer or any authorized representative or employee, whether direct or indirect, in writing or otherwise shall serve to also confirm delivery;
- If, on the instructions of the Customer, the Products are delivered to a carrier for delivery to the Customer, delivery to the Customer shall be deemed to have been duly effected on delivery to the carrier who shall at all times be and remain the Customer's agent for purposes of these terms and conditions;
- Price of such damage or defects in the Products delivered, following which the Returns Policy shall be followed;
- A flat rate to deliver your order to you will be charged. This will escalate reasonably from time to time;
- Free delivery will apply to orders more than R500 (for outlying areas we might make use of the South African post office and delivery might take more than 5 -8 working days.).
- The order will take around 1 to 7 working days to be delivered to the chosen delivery address, depending on the location and method of delivery. The order can be tracked by waybill number;
- Although reasonable care shall be taken, The Golfers Club accepts no responsibility whatsoever for incorrect delivery details or, if an unauthorized person, at the delivery address, accepts delivery of the order and Products;