TERMS OF SALE
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE YOU SUBMIT YOUR ORDER TO US! IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCEPTIONS THAT MAY APPLY TO YOU. THESE TERMS OF SALE GOVERN YOUR PURCHASE OF PRODUCTS.
These Terms of Sale and all documents referenced herein contain all of the terms and conditions that apply to purchases by you ("Customer") from Acushnet Company or any local affiliate of Acushnet Company (together hereinafter referred to as "FootJoy", “we”, “us” or “our”) for items sold by FootJoy. By placing an order with FootJoy, the customer (sometimes referred to herein as “you” or “your”) agrees to be bound by these Terms of Sale and to accept them.
These Terms of Sale are subject to change at any time and in FootJoy's sole discretion; however, all changes are only valid for the future and do not add to or change any previous agreement that we have made with you at the time of the order. When we make a change, we will seek your consent to the new terms.
For the avoidance of doubt, your statutory rights are not affected by these Terms of Sale.
THESE TERMS OF SALE AND ALL SALES HEREIN ARE SUBJECT TO THE LAWS OF ENGLAND AND WALES, UNLESS BINDING LOCAL LAW PROVIDES THAT THE LAWS OF ANY OTHER COUNTRY MUST TAKE PRECEDENCE.
FURTHER TERMS AND CONDITIONS THAT REGULATE CERTAIN FUNCTIONS OF OUR WEBSITE, INCLUDING PURCHASES FROM FOOTJOY, MAY APPLY TO YOU.
Except as otherwise required by the applicable law, all deliveries and offers from FootJoy are made exclusively on the basis of these Terms of Sale. These Terms of Sale also apply to all future purchases by the customer, even if these are not separately agreed again. The validation of any order by the Customer will entail acceptation without reserve, or restriction, to the present Terms of Sale.
The terms and conditions of the customer or of third parties are not valid, even if FootJoy does not expressly refuse to apply them. The present Terms of Sale represent all agreements between the contracting parties with regard to the subject matter of the contract. Oral promises by FootJoy prior to the conclusion of this agreement are not legally binding, and such verbal commitments by the contracting parties are replaced by these Terms of Sale, unless such commitments expressly state that in writing that they are still legally binding.
Additions and changes to existing agreements, including these Terms of Sale, must be made in writing to be legally valid.
ORDERS AND OUR CONTRACT WITH YOU
Orders are not binding on FootJoy until they are expressly accepted in writing by FootJoy. Your receipt of an order confirmation in electronic or other form does not mean that we have accepted your order, nor does it represent our offer for sale.
With the exception of customers in Germany, we reserve the right to refuse orders, regardless of whether the order has been confirmed or has already been charged. This may (non-exhaustively) 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. For customers in Germany, the legal provisions of the German Civil Code apply in this regard.
If your credit card has already bene charged for the purchase and your order is declined, we will issue a credit to your credit card account for the amount of the charge.
The price of the product and acceptable methods of payment are set forth on the order pages when you place your order. We take all reasonable care to ensure that the price of the product advised to you is correct.
Payment must be received by FootJoy prior to accepting an order for custom MyJoys products. Payment for these products must be made by credit card at the time of order.
Payments for non-custom products are made at the time of shipment.
The following applies to customers in France: Pursuant to Article L. 132-2 of the French Monetary and Financial Code, the commitment given by the Customer to pay by credit card is irrevocable and binding. By filling in their credit card details, Customers give FootJoy authorization to debit the price of the order.
The products delivered to the customer by FootJoy will remain the property of FootJoy until full payment has been received. Title will pass to the Customer only once FootJoy has received payment in full.
The arrangement for delivery will be as displayed to you on our website. FootJoy will provide an estimated date of delivery before the validation of the order by the Customer. Such date may vary according to the available stock of the product.
FootJoy is entitled to partial deliveries if (i) the customer can use the partial delivery within the scope of the contractual purpose, (ii) delivery of the remaining products ordered is guaranteed, (iii) if this does not result in additional expenses or costs for the Customer leads unless FootJoy agrees to assume these costs; and (iv) in all circumstances, FootJoy is not acting unreasonably by making partial deliveries.
All offers from FootJoy are subject to change and are non-binding, unless they are expressly designated as binding or contain a specific acceptance period. For customers in Germany, this only applies if such changes can reasonably be expected of the other party to the contract when the interests of the user are taken into account.
Separate shipping costs will be stated before the order and on the invoice (s).
Certain sales or other taxes may apply to your purchase and are either additional or included. These taxes vary by state and are levied on orders shipped to states where these taxes apply. The amount of tax is based on current state and local tax rates and other factors including the identity of the seller, the type of item purchased, and the destination of the order. Please review and confirm the taxes for your order in your shopping cart before completing the order.
Validation of an order by the customer entails acceptation of the total price, tax and shipment included.
RISK OF LOSS
Loss or damage incurred during shipment by a carrier selected by FootJoy is the responsibility of FootJoy.
EXCEPT FOR SALES TO CUSTOMERS IN GERMANY, THE LIMITED WARRANTIES APPLICABLE TO FOOTJOY PRODUCTS ARE SPECIFIED HERE: Warranties
The following applies to customers in Germany: The statutory guarantee of the German Civil Code applies. The warranty period is two years from delivery. Return Policy: Products purchased directly from www.footjoy.de by a customer may be returned in accordance with the return policy set out here: Return Policy
The following applies to customers in France: Pursuant to Article L221-18 of the French Consumer Code, the customer as the right to annul an order within 30 days of its delivery and return the products purchased directly from the website www.footjoy.fr in accordance with the return policy set out here: Return Policy
The essential features and prices of the products sold by FootJoy are available on our website. FootJoy is under a legal duty to supply goods that are in conformity with the contract. However, the images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.
In particular, he MyJoys product shown on our website is an actual sample product of possible colour combinations for MyJoys golf shoes. Due to natural differences in the texture of leather, the actual product colours may vary slightly. FootJoy is not responsible for differences in screen resolution and colour calibration. These can lead to slightly different representations of the product on the screen compared to the final product that will be delivered to the customer.
Acushnet as a company reserves the right to refuse orders for any printing on our products that, in our sole discretion, is inconsistent with our corporate values or brand identity, including, but not limited to, logos, designs and / or personalisation’s that are negative in nature, advocate violence or illegal activity or are libellous, hateful, threatening, defamatory, vulgar, obscene or pornographic.
Limitation of Liability
If our supply of goods and/or services is missed or delayed by an event outside of FootJoy’s control – including, but not limited to, strikes, riots, armed conflict, fires, terrorist attacks, force majeure events or acts in accordance with any law or regulation – FootJoy will take reasonable steps to minimise the effect of the delay. Provided we do this, except for customers in Germany, FootJoy assumes no liability for missed or delayed services due to such event. However, if there is a risk of substantial delay, you may contact us to receive a refund for any goods and/or services you have paid for but not received. In no event shall FootJoy be liable to the customer for any (i) special or indirect, incidental or consequential damages, or (ii) damages due to loss of benefit or profit, except as and to the extent otherwise required by applicable law.
Application for customers in Germany: FootJoy, its legal representatives or vicarious agents are fully liable in accordance with the statutory provisions of the Federal Republic of Germany (i) for damage due to injury to life, body or health, (ii) in the case of intentional behaviour or gross negligence, (iii ) in accordance with the Product Liability Act, as well as (iv) in the case of assumption of guarantees. In the event of slight negligence, FootJoy, its legal representatives or vicarious agents are only liable in the event of a breach of "essential" obligations in connection with this agreement. "Material" obligations are obligations that are necessary to fulfill the agreement and which, in the event of a breach, would jeopardize the achievement of the purpose of the contract, so that you can normally rely on the fulfillment of such obligations. In these cases, liability is limited to the foreseeable damage typical for this type of contract.
FootJoy does not exclude or limit in any way its liability to you where it would be unlawful to do so.
FootJoy wants to ensure that the information on this page is accurate, complete, and current. However, despite our best efforts, there are cases where information about an item contains inaccurate or incomplete data, including data about the item's price or availability. We do not guarantee that the information on this page is free from errors, complete or accurate.
Should a FootJoy product be listed with an incorrect price or information due to a typographical or typographical error, or an error in the pricing or product information, we will attempt to correct the error as it is discovered. Except as and to the extent otherwise required by applicable law, we reserve the right to revoke any given offer for any reason and to correct any errors or omissions, even after an order has been placed and regardless of whether the order has been confirmed and your credit card has been charged. In such event, if your credit card has already been charged for the purchase and your order is declined, we will issue a credit to your credit card account for the amount of the charge and assume no additional liability for such cancellations.
APPLICABLE LAW; NOT FOR RESALE OR EXPORT
The customer agrees and states that they are making the purchase for their own use and not for commercial resale or export.
OTHER IMPORTANT TERMS
This contract is between you and us. No other person shall have any rights to enforce any of its terms.
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.
You can download these Terms of Sale here: Terms of Sale
This website is operated by:
Acushnet Europe Ltd.
St. Ives, Cambridgeshire, PE27 3LU
Managing Director(s): Matthew Johnson
Contact: 0800 616198
Company register: 01198336
VAT number according to Sec. 27a German Value Added Tax Act: 152399933
Economic identification number according Sec. 139c German Tax Code: DE2976358