TERMS & CONDITIONS
PXG – Terms of Sale
1. THESE TERMS
1.1 These are the terms and conditions on which we supply products to you, whether these are goods or services.
1.2 Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
2. ABOUT US AND HOW TO CONTACT US
2.1 We are PXG UK Limited (“PXG
” or “our
”) a company registered in England and Wales with registration number 10411413 and having our registered office at C/O Fieldfisher Riverbank House, 2 Swan Lane, London, United Kingdom, EC4R 3TT. Our registered VAT number is 265508491.
2.2 You can contact us by telephoning our customer service team at 0800 066 9449 or by writing to us at email@example.com.
2.3 If we have to contact you,
we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4 When we use the words "writing" or "written" in these terms, this includes emails.
3. OUR CONTRACT WITH YOU
3.1 Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
3.2 If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
3.3 We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
3.4 We only sell to the UK. Our website is solely for the promotion of our products in the UK. Unfortunately, we do not accept orders from OR
deliver to addresses outside the UK.
4. OUR PRODUCTS
4.1 The images of the products on our website are for illustrative purposes only. Your product may vary slightly from those images. For an accurate description of any product and details of what is included with the product, please read the product description.
4.2 If we are making the product to measurements you have given us, you are responsible for ensuring that these measurements are correct. You can find information and tips on how to provide accurate measurements on our website or by contacting us.
5. YOUR RIGHT TO MAKE CHANGES
Changes to club orders and custom fit items must be requested within 24 hours of placement of the order. If you wish to make a change to the product you have ordered, please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 7).
6. PROVIDING THE PRODUCTS
6.1 The costs of delivery will be as displayed to you on our website.
6.2 During the order confirmation process we will contact you with an estimated delivery date, which will normally be within 14 – 21 business days after the day on which we accept your order.
6.3 If our supply of the products is delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
6.4 If no one is available at your address to take delivery, we will leave you a note informing you of how to rearrange delivery or collect the products from a local depot.
6.5 If, after a failed delivery to you, you do not re-arrange delivery, collect the product(s) from a delivery depot, we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 9.2 will apply.
6.6 You will become responsible for the products from the time we deliver the products to the address you gave us.
6.7 You own a product once we have received payment in full.
7. CANCELLATION OR EXCHANGE BY YOU
7.1 Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it and when you decide to end the contract:
(a) if what you have bought is faulty or misdescribed,
you may have a legal right to end the contract. See clause 10;
(b) if you want to end the contract because of something we have done or have told you we are going to do, see clause 7.2;
(c) if you have changed your mind about the product, see
clause 7.3 - 7.5.
7.2 If you are ending a contract for a reason set out at (a) to (c) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
(a) we have told you about an error in the price or description of the product you have ordered, and you do not wish to proceed;
(b) there is a risk that supply of the products may be significantly delayed because of events outside our control; or
(c) you have a legal right to end the contract because of something we have done wrong (including because we have delivered late).
7.3 For most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms. See clause 7.4 below for products in respect of which cancellation and refund rights do not apply.
7.4 You do not have a right to change your mind in respect of:
(a) custom fit items (unless these were delivered faulty);
(b) products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;
(c) products that you have used; or
(d) any other products in respect of which cancellation rights do not apply as set out under the Consumer Contracts Regulations 2013.
7.5 You have 14 days after the day you (or someone you nominate) receives the products to exercise your right to change your mind, unless our products are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receives the last delivery to change your mind about the goods.
7.6 You also have a right to exchange products, except in relation to the products described under clause 7.4.
You have 28 days after the day you (or someone you nominate) receives the product to exercise your right to exchange the product.
8. HOW TO CANCEL OR EXCHANGE
8.1 To end the contract with us, please let us know by doing one of the following:
(a) Phone or email:
Call customer services on 0800 066 9449 or email us at firstname.lastname@example.org.
Complete the form
on our website and return this to us.
(c) By post:
Print off the form
and post it to us at the address on the form. Or simply write to us at that address, including details of what you bought, when you ordered or received it and your name and address.
8.2 To exercise your right to exchange a product, please contact us on 0800 066 9449 or email us at email@example.com.
8.3 If you end the contract for any reason after products have been dispatched to you or you have received them, or wish to exchange the products, you must return them to us. You must return the goods by posting them back to us at PXG UK c/o Diamond Golf International Ltd, Unit U4 & U5, Rudford Industrial Estate, Ford Road, Ford, Arundel, West Sussex BN18 OBF.
8.4 If you are exercising your right to change your mind or exchange, you must send off the goods within 28 days of telling us you wish to end the contract or exchange the product (as applicable).
8.5 We will pay the costs of return:
(a) if the products are faulty or misdescribed;
(b) if you are ending the contract because we have told you of an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong; or
(c) if you are exercising your right to exchange the product.
In all other circumstances you must pay the costs of return.
8.6 We will refund you the price you paid for the products, including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below:
(a) the maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if you requested next day delivery, you will only be reimbursed the costs of standard delivery;
(b) we may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
8.7 We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind in respect of any products you have purchased then your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. In all other cases, your refund will be made within 14 days of your telling us you have changed your mind.
9. CANCELLATION BY US
9.1 We may end the contract for a product at any time by writing to you if you do not, within a reasonable time, allow us to deliver the products to you or collect them from us.
9.2 If we end the contract in the situation set out in clause 9.1, we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
10. PROBLEMS WITH THE PRODUCT
10.1 If you have any questions or complaints about the product, please contact us. You can telephone our customer service team at 0800 066 9449 or email us at firstname.lastname@example.org.
10.2 We are under a legal duty to supply products that are in conformity with the contract entered into with you. If any product you have received is faulty or does not otherwise conform with the contract, you can contact us within 30 days after the delivery of the product to cancel the contract and request a refund.
10.3 If you wish to exercise your legal rights to reject any faulty product, you must post it back to us. We will pay the costs of postage or collection. Please call customer services on 0800 066 9449 or email us at email@example.com for a return label.
10.4 We do not cover any lack of conformity caused by you, whether by accident, neglect, misuse or normal wear and tear.
10.5 We also offer a limited guarantee in respect of our products. See here for further information in this regard.
10.6 Nothing in these terms affects your legal rights. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
11. PRICE AND PAYMENT
11.1 The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However, please see clause 11.3 for what happens if we discover an error in the price of the product you order.
11.2 If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
11.3 It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order.
11.4 We accept payment with Visa, MasterCard, Maestro, and American Express.
11.5 We will take payment from your card at the time you place your order. Taking payment does not mean we have accepted your order and if for any reason we are unable to accept your order we will provide you with a full refund within 14 days.
12.1 Except in relation to the situations described in clause 12.3 below, if we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract although our responsibility to you will not exceed the price of the products purchased.
12.2 We will never be responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
12.3 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for:
(a) death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors;
(b) fraud or fraudulent misrepresentation;
(c) breach of your legal rights in relation to the products, including the right to receive products which are: as described and match information we provided to you; of satisfactory quality; fit for any particular purpose made known to us; and
(d) defective products under the Consumer Protection Act 1987.
12.4 We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
13. YOUR PRIVACY
14. OTHER IMPORTANT TERMS
14.1 These terms are between you and us. No other person shall have any rights to enforce any of these terms.
14.2 Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
14.3 If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that does not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
14.4 We may vary these terms at any time. Please note, however, that if we do so, the terms which are in force at the time you make a purchase will apply in respect of that purchase.
14.5 These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland, you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
14.6 Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use. You can submit a complaint to:
(a) RetailADR, by email at firstname.lastname@example.org; or
(b) the European Commission Online Dispute Resolution platform, available at on the website http://ec.europa.eu/odr.