Terms and Conditions

Our Terms and Conditions

The sportsgear.co.in website (referred to below as “sportsgear/sportsgear.co.in/we/our/us”) is operated by GOLFKING CORPORATION , a company registered and governed by Indian Laws. As user of this website (referred to below as “you/your”), you acknowledge that any use of this website, including any transactions you make (referred to below as “use/using” this website) are subject to our terms and conditions below.  We encourage new customers to read our terms and conditions before using this site, or take the option of printing a copy for future reference, and also view our Privacy policy to learn more about how we protect your personal information.

  1. General
  2. Order Process
  3. Delivery
  4. Payment
  5. Returns, Cancellations and Substitutions
  6. Liability and Indemnity
  7. Miscellaneous Provisions

1. General

 

1.1

We reserve the right to change these terms and conditions at any time. Any such changes will take effect when posted on the website (see date at the top) and it is your responsibility to read the terms and conditions on each occasion you use this website and your continued use of the website shall signify your acceptance to be bound by the latest terms and conditions.
 

 

1.2

If you are purchasing on behalf of a business, you confirm that you have authority to bind said business on whose behalf you act, in using this website.
 

 

2. Order process

 

2.1

Please see How To Shop section for information on how to place an order. All orders that you place on this website will be subject to acceptance in accordance with these terms and conditions.
 

 

2.2

The ‘confirmation’ stage sets out the final details of your order. Following this, we will send to you an order acknowledgement email, letting you know that your order had been received, stock is being re-checked and that we intend to process a payment from you. Please note that this email is not an order confirmation or order acceptance from sportsgear.
 

 

2.3

Acceptance of your order, and the completion of the contract between you and us, will take place on dispatch of the products ordered from us to you, unless we have notified you that we do not accept your order, or you have canceled it (please refer to  our Guarantees and Returns Policy).
 

 

2.4

We do not file details of your order for you to subsequently access direct on this website, and therefore, please print out these terms and conditions and the order acknowledgement for your own records. If you wish to obtain specific details of your previous orders please Contact Us.
 

 

3. Delivery

 

3.1

All goods must be signed for by an adult aged 18 years or over on delivery.
 

 

3.2

Delivery charges and estimated timescales are specified in Shipping section, and also when you place an order. We make every effort to deliver goods within the estimated timescales, however delays are occasionally inevitable due to unforeseen factors affecting us or the third-party couriers we use.  sportsgear shall be under no liability for any delay, or failure, to deliver the products within estimated timescales.
 

 

3.3

Once a tracking number has been emailed to you (a copy is also available online in your account section), it is your responsibility to monitor and track the status of your parcel. If you notice any problems, for example – Address Not Found, Failed Delivery, Recipient Absent, etc, then please contact us immediately so we can assist with the resolution. Failed-delivery parcels are normally held at a local depot for a maximum of five days before returning back to us. It is therefore your responsibility to contact us in good time to advise us of this situation in order to stop any return. We take no responsibility for parcels returned to us after successive delivery attempts and any return charges will be passed to you.

 

3.4

If the package has not been accepted, or rejected outside the valid reasons stated in 3.3, during delivery, the respective courier will make a return charge to sportsgear. This charge will be required to be paid before processing a redelivery, or will be retained if order has been cancelled.

 

3.5

In the event where deliveries have failed due to incorrect address specified or if no one is available to accept delivery at time when courier attempts to deliver goods, the courier will hold the goods at their depot for a small period of time (anytime between 3-5 days). If a card has been left by the courier requesting you to contact them, you are requested to contact them to arrange a re-delivery at same address at a suitable time. Failure to do so quickly (normally within 2 working days) may cause the parcel to be returned back to us. Although every effort is made to ensure goods are delivered to you in good time and at address specified, certain circumstances may fail deliveries (for e.g. unable to find address or no one to accept parcel etc). In order to solve such problems during delivery or if you wish to advise us of change of delivery address after goods have been shipped, you are requested to contact us on first occasion. Normally a charge is incurred for amendments of delivery addresses, which can be accepted by yourself or you may simply arrange to collect the goods from the courier depot where possible without any charges. Failure to do so or if you advise a change of address directly with the courier without notifying us will incur an additional charge which will be passed on to you unless we have already authorised this change with the courier.

 

3.6

Upon delivery it is your responsibility to check package and its contents thoroughly. If you notice any signs of security tape damage, theft or attempt for theft, damage of goods or any unacceptable condition of package and its contents you are requested not to accept the package. If you are willing to accept the package then you are requested to sign on the delivery note what you have noticed for e.g. Goods Damaged or Theft Attempt etc. Please note: failure to comply with these terms will prevent you making any claims against the above conditions and credit will not be issued.

 

3.7

Risk of loss and damage to products is passed on to you on the date when the products are delivered, or on the date of first attempted delivery by us.

 

4. Payment

 

4.1

Prior to taking payment from your card, we implement a card and stock verification process, to ensure that the request for goods is genuine and that we have confirmed stock availability. All goods are subject to availability. In the event that we are unable to supply the goods, we will inform you of this as soon as possible. A full refund will be given where you have already paid for the goods and if no goods have been already dispatched. Refund of payment does not apply to personalised, custom-made or custom fitted goods.

 

4.2

While we try and ensure that all prices on our website are accurate, errors may occur. If we discover an error in the price of goods you have ordered we will inform you as soon as possible and give you the option of reconfirming your order at the correct price, or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel, and you have already paid for the goods, you will receive a full refund. 

 

4.3

Payment can be made by any method specified in Payment Methods. For information about secure on-line ordering see Privacy 

 

4.4

All prices include VAT (where applicable) at the applicable current rates but exclude delivery charges, unless expressly stated.  For further details, including Express delivery charges, see Shipping

 

4.5

Please note the VAT rate shown is local to the India. This rate (and the final price you pay) may change if your order is being shipped to another country, as we may be obliged to charge VAT at the local rate in your country of destination.
As per local Customs and Excise regulations, any delivery to any countries whereby we have passed the VAT threshold limit the order will be subject to the standard local VAT rate of that country. The final cost of your order will be altered to reflect this.

 

5. Returns, Cancellations and Substitutions

During the festive period, we want you to shop with complete peace of mind, so we are offering all our customers an EXTENDED RETURNS until the end of JANUARY 2017. For more info please click here to visit our Festive Returns page.

 

5.3

All sizes and measurements are approximate.  We strive to describe dimensions as accurately as possible, but fit variances can occur from person to person.

5.6

Although every effort is made in checking all goods before dispatch, on some very rare occasions we may mistakingly ship an incorrect product, or one with a fault we did not catch due to the level of packaging that comes with new products.  If this has happened to you, we apologise in advance and request your co-operation in helping us resolve this.

Once an incorrect or faulty delivery has been received it is your responsibility to complete the online returns procedure (after which further instructions will be emailed back) or to advise us of this within 7 working days after delivery. Once a return-request has been accepted, you are requested to send goods back to us (via your local post-office or courier or whichever more cost-effective). The return-shipping cost incurred to you will be settled in the form of a refund or credit vouchers only for the value of the shipping amount that you paid at time of ordering (as similarly operated when returned in-store). If the cost of sending goods back to us is reasonably high, then we request that you to contact us so that we may offer our resources in getting the product back to us in a cost effective manor. In some circumstances we may arrange a collection from your address, once a collection charge has been accepted by yourself (available only within mainland U.K.). We will do our level best to compensate you for your costs in form of goods or gift vouchers, however we regret to advise you that we are unable to compensate you fully where the cost of return is not viable.

5.8

All electric trolleys purchased from our website are covered by warranty only within the India. Therefore if these products experience any defects or problems during operation whilst outside the India, they will have to be sent back to us at your own cost where we will assess the problem and arrange for it to be fixed or replaced within the warranty period. A reshipping cost will be required for items to be shipped back out to you, which will be agreed prior dispatch.

5.9

Most manufacturers will void the product warranty if it has been altered in any way. For example if the shaft of the club has been altered, or if the product has been altered without our consent. Due to the high technical nature of golf clubs, most manufacturers will only cover you against manufacturer defects if they have been customized by the manufacturer or through sportsgear. In our experience, we have found that use of unauthorised fitting centres or inexperienced club-fitters could result in a poor quality product, and therefore more likely to attain a defect.

 

6. Liability and Indemnity

 

6.1

Nothing in these terms and conditions excludes or limits liability for death or personal injury caused by negligence, fraudulent misrepresentation, or any other liability which may not otherwise be limited, or excluded under applicable law. 

 

6.2

Subject to Section 6.1 above, sportsgear will use reasonable endeavours to verify the accuracy of any information on the site but makes no representation or warranty of any kind express or implied statutory or otherwise regarding the contents or availability of the site or that it will be timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the website sportsgear will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the website and sportsgear accepts no liability of any kind for any loss or damage from action taken or taken in reliance on material or information contained on the site.

 

6.3

Subject to Section 6.1 above, other than as expressly provided in these terms and conditions with respect to specific products and except for the exclusive remedies set out at Section 5 above, any indemnities, warranties, terms and conditions (whether express or implied) are hereby excluded to the fullest extent permitted under applicable law.

 

6.4

Subject to Section 6.1 above, sportsgear will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent on negligent misrepresentations) or otherwise out of or in connection with the terms and conditions for any:

  • economic losses (including without limitation loss of revenues, data, profits, contracts, business or anticipated savings); or
  • economic losses (including without limitation loss of revenues, data, profits, contracts, business or anticipated savings); or
  • loss due to currency exchange-rate fluctuations (we take payment in British Sterling Pounds GBP and currency exchange rates fluctuate constantly in which case we cannot be held liable for loss of value in foreign currency during payment authorisations and refunds as value will remain the same in GBP Sterling Pounds ); or
  • loss of goodwill or reputation; or
  • special or indirect losses

suffered or incurred by that party arising out of, or in connection with, the provisions of any matter under these terms and conditions. 

6.5

Notwithstanding the above, subject to Section 6.1 sportsgear’s aggregate liability (whether in contract, tort or otherwise) for loss or damage shall in any event be limited to a sum equal to the amount paid or payable by you for the product(s) in respect of one incident or series of incidents attributable to the same clause.

 

6.6

This clause 6 does not affect your statutory rights as a consumer, nor does it affect your contract cancellation rights.

 

6.7

We will take all reasonable precautions to keep the details of your order and payment secure, but, unless we are negligent, we cannot be held liable for any losses caused as a result of unauthorised access to information provided by you. 

 

7. Miscellaneous Provisions

 

7.1

The contract between us shall be governed by the laws of England and any dispute between us will be resolved exclusively in the courts of England. English is the only language offered for the conclusion of the contract.

 

7.2

We have selected our products on the basis that they will be used for domestic use only. If you are planning to use them for business purposes please make sure that you are covered by appropriate insurance. 

 

7.3

sportsgear.co.in shall be under no liability for any delay or failure to deliver products, or otherwise perform any obligation as specified in these terms and conditions, if the same is wholly or partly caused whether directly or indirectly by circumstances beyond its reasonable control. 

 

7.4

To provide increased value to our customers, we may provide links to other websites or resources for you to access at your sole discretion. You acknowledge and agree that, as you have chosen to enter the linked website we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for (i) the privacy practices of such websites, (ii) the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources or (iii) the use to which others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources. 

 

7.5

You may not assign or sub-contract any of your rights or obligations under these terms and conditions or any related order for products to any third party unless agreed upon in writing by sportsgear.co.in.

 

 

7.6

sportsgear.co.in reserves the right to transfer, assign or sub-contract the benefit of the whole or part of any of its rights or obligations under these terms and conditions or any related contract to any third party. 

 

7.7

If any portion of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity or enforceability of the other sections of these terms and conditions shall not be affected. 

7.8

These terms and conditions do not create or confer any rights or benefits enforceable by any person that is not a party (within the meaning of the U.K. Contracts (Rights of Third Parties) Act 1999) except:
a) a person who is a permitted successor or assignee under Section 7.7 above of the rights or benefits of these terms and conditions may enforce such rights or benefits.
b) No consent from the persons referred to in Section 7.8 is required for the parties to vary or rescind these terms and conditions (whether or not in any way that varies or extinguishes rights or benefits in favour of such third parties).

 

7.9

No delay or failure by sportsgear.co.in to exercise any powers, rights or remedies under these terms and conditions will operate as a waiver of them nor will any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them. Any waiver to be effective must be in writing and signed by an authorised representative of sportsgear.co.in.

7.10

These terms and conditions including the documents or other sources referred to in these terms and conditions supersede all prior representations understandings and agreements between you and sportsgear.co.in relating to the use of this website (including the order of products) and sets forth the entire agreement and understanding between you and sportsgear.co.in for your use of this website

We recommend you print out a copy of these terms and conditions for your future reference.
If you have any questions regarding the sportsgear.co.in website please see the Contact Us section for more information and full details

 

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