TERMS & CONDITIONS – GOLF DYNAMICA

GOLF DYNAMICA LTD TERMS AND CONDITIONS OF SALE – “THE AGREEMENT”

(CONSUMERS)

Please read this Agreement carefully, as it sets out the terms and conditions under which GOLF DYNAMICA LTD (“We”/”Us”) sells goods and services—specifically golf equipment, apparel, and accessories—to you as a consumer. All orders are subject to these Conditions.

1. Orders
   1. All accepted orders are subject to these Conditions and are not finalized until we receive your full order. Your card is charged immediately at purchase. Any email or receipt is only confirmation that your order was received, not accepted. We may refuse or request more information for any order before acceptance. For cancellations or returns, see our terms below.
   2. If an item is out of stock, notification will be provided. An alternative product may be offered if available, or the order may be cancelled.
   3. We retain the right to cancel your order should we determine that such action is appropriate and justified.

2. Payment and Prices

1. Prices are in pounds Sterling and exclude delivery and packaging costs.
2. Payment is required when placing your order. We accept major credit cards and UK-only debit cards (Switch/Maestro, Visa, Mastercard, American Express), but not Electron cards. Goods will be shipped once payment has cleared.
3. Prices listed include VAT and reflect the current rates at the time of publication. These prices may change without prior notice. The confirmed price will be provided upon order confirmation.
4. We retain the right to correct any clerical errors or omissions at any time without incurring liability.
5. Additionally, we may request further information to authenticate payments. Such requests will be issued solely by our Customer Service team, and all information provided will be handled with the utmost confidentiality.

3. Ownership of the Goods

Ownership of Goods passes to You only when they are delivered via your chosen method and We have received full payment for all amounts due under this and any other agreements between us.

4. Delivery

1. We aim to deliver goods according to the estimated times on our website. “Working day” excludes weekends and Bank Holidays.
2. Delivery dates are not guaranteed; we are not liable for delays. If your goods cannot be shipped as ordered, we will notify you within 14 days of order confirmation.
3. Shipping outside mainland UK (excluding areas separated by water) incurs extra charges. You are responsible for any import duties or taxes.
4. Goods will be sent to the address you provide; delivery methods and carriers may vary based on the items ordered. A valid delivery address must be supplied.
5. If the courier cannot deliver, they may leave your parcel with a neighbour, in a safe place, attempt redelivery, or bring it to a local pick-up point.
6. Multiple products may arrive in separate shipments.
7. Upon delivery, check that the number and contents of packages match your order. Report shortages or damage within two working days, confirm in writing, and return damaged goods as per our returns policy.
8. If your items are out of stock, we will notify you via email.
9. We may decline bulk or resale orders or request additional delivery payment. For unusually high shipping costs, your order may be held until payment is confirmed.

5. Right to Cancel and Returns

1. Private customers can cancel website orders within 30 days of receiving goods, extending your statutory rights. To cancel, follow return instructions and meet our terms.
2. The following items cannot be returned unless delivered in error, recalled, or found faulty:

• Perishable goods;
• Unsealed audio/video recordings or software;
• Personalised or custom-built items (orders for these cannot be cancelled per Consumer Contracts Regulations 2013);
• Magazines.

3. If you choose to cancel this contract, we will reimburse all payments received from you, including delivery costs (excluding any supplementary charges incurred if you selected a delivery method other than our least expensive standard option). We reserve the right to deduct an amount for any diminished value of goods supplied resulting from unnecessary handling by you. Reimbursement will be processed promptly, no later than:

• 14 days after we receive any returned goods, or
• (if earlier) 14 days after you provide evidence that the goods have been returned, or
• if no goods were supplied, 14 days following notification of your decision to cancel the contract.

4. Reimbursement will be made using the original payment method unless expressly agreed otherwise; you will not incur any fees due to this reimbursement.
5. Returned goods must include a copy of your delivery note or a covering letter stating your name, address, order number, and reason for return.
6. We cannot issue credit for any item lost, damaged, or defaced during transit to us. If you do not receive an acknowledgement or credit note from us within 14 days, please notify us accordingly.
7. Returned items are your responsibility and cost and must be packed in their original packaging, clearly labelled, and sent to: Golf Dynamica Returns, Unit 11, The Grove Centre, Witham, CM8 2YT. Goods must be returned in the same condition as dispatched. We recommend using a reputable courier or recorded delivery service, and retaining proof of posting, receipt, or tracking information, as we cannot assume responsibility until goods are signed for by our team.
8. Unless otherwise authorised by us in writing, goods may only be returned for credit if unused, complete, and in the original packaging (subject to Condition 8.2). Please note: If you return non-faulty goods for exchange, shipping fees for sending replacement items will apply.
9. Subject to your statutory cancellation rights and our extended cancellation terms set out in Condition 5.1, orders can only be cancelled at our discretion. Cancellation cannot be accepted for items specially sourced on your behalf that are not advertised on our website.

6. Faulty Goods

1. All goods include a manufacturer’s warranty, except pre-owned, ex-demo, or ex-display items.
2. For faulty goods:

• If purchased within 30 days (from purchase or our despatch date), we will exchange the item.
• If purchased over 30 days but within 12 months, return the item to us. We will consult the manufacturer, who may repair, replace, or return the item based on their inspection. If a fault is found, we will reimburse reasonable return costs with valid receipts.

3. We are not responsible for goods lost or damaged in transit.

7. Goods advertised

1. We strive to display products accurately, but slight variations may occur.
2. Measurements are approximate and colours may differ due to photographic processes and individual screen or print settings.
3. Colour variations can also result from differences in device calibration.

8. Limitation of liability

1. Subject to Conditions 10.3 and 10.4 below, and unless otherwise expressly stated in these Conditions, all warranties, conditions, or other terms, whether express or implied by statute, common law, or otherwise, are excluded or limited to the maximum extent permitted by law.
2. Subject to Conditions 10.3 and 10.4 and to the fullest extent allowed by law, we exclude all liability for any loss, damage, or expense suffered or incurred by you as a direct or indirect result of the Goods not being of satisfactory or merchantable quality, fit for any purpose, or conforming to any description. You irrevocably waive all rights and/or remedies (if any) that you may have or have had concerning such loss, damage, or expense, and/or regarding any breach or default of any warranty implied by statute, equity, or common law relating to the quality, fitness, or description of the Goods. We are not liable for incidental or consequential damages arising from any breach of this agreement.
3. Conditions 10.1 and 10.2 do not apply where you act as a consumer if such exclusions or limitations are not permitted by law.
4. Nothing in these Conditions limits our liability for death or personal injury caused by our negligence.

• Except as otherwise expressly provided in these Conditions and subject to Condition 10.4, our total liability under or in connection with:
• any order or the Goods shall not exceed the price of the Goods.

9. Gift Vouchers

1. Gift cards can be used as full or partial payment for any Golf Dynamica merchandise.
2. They are not cheque guarantee, credit, or charge cards and cannot be exchanged for cash or other vouchers.
3. No change will be given; any remaining balance can be used for future purchases.
4. Cards are valid for 12 months from purchase. Expired or deactivated cards cannot be reused.
5. Treat gift cards like cash—Golf Dynamica is not responsible if lost, stolen, or damaged.
6. Terms & Conditions may be updated as necessary, and changes will be announced in store.

10. Miscellaneous

1. If any provision of this Agreement is deemed invalid or unenforceable, in whole or in part, by any competent authority, the validity and enforceability of the remaining provisions shall not be affected.
2. We shall not be held liable to you for any delay or failure to fulfil our obligations under this Agreement arising from circumstances beyond our reasonable control, including but not limited to acts of civil or military authorities, national emergencies, fire, flood, strikes, lock-outs and other industrial disputes, acts of God, war, riots, or acts or omissions of third parties.
3. This Agreement, together with the order, constitutes the complete and exclusive understanding between the parties and supersedes any prior proposals, understandings, agreements, or representations relating to its subject matter, except in instances of fraudulent misrepresentation by either party.
4. We reserve the right to randomly monitor and record inbound and outbound calls.
5. No delay, neglect, or forbearance on our part in enforcing any rights under this Agreement shall be construed as a waiver or otherwise prejudice our rights.
6. Except for our affiliates, directors, employees, or representatives, no person who is not a party to this Agreement shall have any right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement. This does not affect any right or remedy of a third party that exists separate from that Act.
7. This Agreement shall be governed by, and construed in accordance with, the laws of England and Wales. The courts of England and Wales shall have non-exclusive jurisdiction over any dispute arising in connection with this Agreement, and you irrevocably submit to such jurisdiction.

11. Complaints

If you do have a complaint, please write to us at Golf Dynamica, Unit 11, The Grove Centra, Witham. All complaints are logged, investigated and replied to.