TERMS & CONDITIONS OF SALE
1. DEFINITIONS
1.1 ‘Buyer’ means the person who buys Goods from the Seller.
1.2 ‘Consumer’ shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977.
1.3 ‘Goods’ means the articles that the Buyer agrees to buy from the Seller.
1.4 ‘List Price’ means the list of prices of the Goods maintained by the Seller as amended from time to time.
1.5 ‘Seller’ means Clarion Golf Management & Marketing Limited registered at 185 Barnett Wood Lane, Ashtead, KT21 2LP.
1.6 ‘Terms and Conditions’ means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller.
2. GENERAL
2.1 These Terms and Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer and shall prevail over any other documentation or communication from the Buyer.
2.2 All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Terms and Conditions and are subject to acceptance by the Seller. The Seller may choose not to accept an order for any reason.
2.3 Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer’s acceptance of these Terms and Conditions.
2.4 Any variation to these Terms and Conditions shall be inapplicable unless agreed in writing by the Seller.
2.5 Nothing in these Terms and Conditions shall affect the Buyer’s statutory rights as a Consumer.
3. PRICE AND PAYMENT
3.1 The price of the Goods shall be that stipulated on the Seller’s website or as contained in the Seller’s Quotation (as applicable) at the date of order or as agreed between the parties. All prices exclude Value Added Tax at the applicable rate unless stated otherwise and exclusive of delivery charges unless stated otherwise.
3.2 Whist we make every effort to ensure the accuracy of the information published on our website, the documents and graphics published on this site may contain technical inaccuracies or typographical errors. If an error is made and a product is listed at an incorrect price, the Seller maintains the right to charge the correct price when an error has been made. The Seller maintains the right to refund or cancel orders placed at incorrect prices.
3.3 All samples are supplied on a ‘Sale or Return’ basis and if the product is returned, it must be unused and in original condition.
3.4 Settlement terms are strictly pro-forma. Payment of the total purchase price, including delivery charges and Value Added Tax must be made in full before Goods are dispatched.
3.5 Credit Card payments are not subject to any processing charges.
3.6 Late payment fees of 8% above the Bank of England base rate may be charged.
4. DELIVERY
4.1 Delivery of the Goods shall be made by the Seller notifying the Buyer that the Goods are available for collection at the Seller’s premises or for delivery to such place and on such terms as agreed between the Seller and the Buyer at the time the order is placed.
4.2 All Goods, wherever possible, will be delivered within the advised lead time of the order being placed and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
4.3 The Seller shall use its reasonable endeavours to meet the stated delivery date. The Seller shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any third party arising directly or indirectly from failure to meet a delivery date.
4.4 All deliveries are collected, routed and delivered subject to the terms and conditions of independent carriers.
4.5 Some Goods may not be in stock at the time the order is placed. In the event that the Seller is unable to deliver the Goods within the time specified in Clause 4.2, the Seller will contact the Buyer to advise of the situation and the Buyer shall be entitled to cancel the order, accept an alternative, receive a full refund or agree a later delivery date.
4.6 Title and risk in the Goods shall pass to the Buyer upon delivery of the Goods.
4.7 Clarion Golf Management & Marketing Limited reserves the right to supply quantities up to 5% over or under the stated order quantity.
5. WARRANTY
The Seller warrants that the Goods will at the time of delivery correspond to the description given by the Seller.
6. CANCELLATION AND RETURNS
6.1 The Buyer shall inspect the Goods immediately upon receipt and shall notify the Seller within 24 hours of delivery if the Goods are damaged or do not comply with any of the Contract.
6.2 Where a claim of defect or damage is made then it shall be the responsibility of the Seller to collect faulty Goods if the items are large, otherwise the Goods shall be returned by the Buyer to the Seller and the Buyer shall be entitled to replacement Goods or a full refund (including delivery costs, if applicable) plus any return postal charges if the Goods are in fact defective.
6.3 Goods to be returned must clearly show the order number obtained from the Seller on the package.
6.4 Where returned Goods are found to be damaged due to the Buyer’s fault the Buyer will be liable for the cost of remedying such damage.
7. GUARANTEES
In addition to the Buyer’s statutory rights, the Seller guarantees all Goods against faulty workmanship and materials for a period of the Manufactures Guarantee from the date of delivery.
8. LIMITATION OF LIABILITY
8.1 Nothing in these Terms and Conditions shall exclude or limit the liability of the Seller for death or personal injury, however the Seller shall not be liable for any direct loss or damage suffered by the Buyer howsoever caused, as a result of any negligence, breach of contract or otherwise in excess of the price of the Goods.
8.2 The Seller shall not be liable under any circumstances to the Buyer or any third party for any indirect or consequential loss of profit, consequential or other economic loss suffered by the Buyer howsoever caused, as a result of any negligence, breach of contract, misrepresentation or otherwise.
8.3 Clarion Golf Management & Marketing Limited reserves the right to use any designs, images or photographs used as examples of completed work for publication on this website or other marketing material unless requested not to do so. It is the customer’s responsibility to ensure that any designs / images / photographs do not infringe copyright or license agreements, Clarion Golf Management & Marketing Limited will not be liable for any actions in this regard. If through legal process Clarion Golf Management & Marketing Limited is held liable, then you agree to fully indemnify Clarion Golf Management & Marketing Limited for all costs. Please call or email us to raise any concerns and we will immediately remove any images.
9. FORCE MAJEURE
Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations.
10. SEVERANCE
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
11. GOVERNING LAW AND JURISDICTION
These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.