Privacy policy
IMPORTANT: BY SUBMITTING DATA AND/OR USING THIS WEBSITE YOU GIVE YOUR CONSENT THAT ALL PERSONAL DATA THAT YOU SUBMIT MAY BE PROCESSED IN THE MANNER AND FOR THE PURPOSES DESCRIBED IN THE FOLLOWING PRIVACY POLICY.
1 Privacy Policy
This Privacy Policy describes current policies and practices with regard to Personal Data collected manually or through this website ("website"). This website is operated by, and Personal Data collected through it will be controlled by1st Floor, Westbrook House 611-612 Westbrook Centre Warrington, Westbrook GB WA5 8UH .
The term "Personal Data" refers to personally identifiable information about you, such as your name, birth date, telephone number, e-mail address or mailing address.
The terms "you" and "your" when used in this Privacy Policy means any user of this website.
2 Notification of changes to this Privacy Policy
This website is continually improved by adding new functionality and features and by improving and adding to existing services. Because of these ongoing changes, changes in the law and the changing nature of technology, data practices will change from time to time. If and when data practices change, such changes will (as soon as practicable) be posted on this website to notify you of the changes. You should check this page frequently.
You will understandably have a concern about privacy. Your privacy is respected and your personal information is treated with the highest standards of safety, security and confidentiality. To better protect your privacy, this notice explains online information practices and the choices you can make about the way your information is collected and used on this website. 3 Collection of Personal Data including e-mail addresses
Information is collected about you in an effort to make products and services on this website more efficient and customized to you. You are free to browse this website without revealing any personal information about yourself. However, once you provide your personal information, you are not anonymous.
The information you provide will be collected and stored. You may use this website to register to receive additional information or services. When you register, you will be asked for contact information like your name, postal address and e-mail address.
The information that you provide is sometimes supplemented with information that is received from third parties. For instance, if inaccurate postal or zip codes are received, third party software may be used to fix them.
4 Use of Personal Data
The purposes for which Personal Data is processed include the following:
• 4.1 To respond to your requests and to fulfil your orders for products and services.
• 4.2 To improve products and services, make your experience more efficient and relevant and provide you with a personalised service.
• 4.3 To administer this website.
• 4.4 To analyse and research website visitors' demographics, interests, and pages viewed based on the information provided during ordering, from server log files, or surveys.
• 4.5 To contact you from time to time with information of new products and services or events that may be of interest to you.
5 Opt-out choice
If you do not wish to receive information and want to be removed from mailing lists in relation to this website, please contact us via the eBay messaging service.
6 Anonymous data collected through this website
In addition to the information collected as described above, technology is used to collect anonymous information about the use of this website. For example, technology may be used to track which pages of this website visitors view. Technology may also be used to determine which web browsers visitors use. This technology does not identify you personally, it simply enables the compilation of statistics about website visitors and their use of this website.
This website contains hyperlinks to other pages on this website. Technology may be used to track how often these links are used and which pages on these website visitors choose to view. Again this technology does not identify you personally – it simply enables the compilation of statistics about the use of these hyperlinks.
Such anonymous data is used to improve the content and functionality of this website and e-mail updates, to better understand clients and markets, and to improve services.
7 Cookies and IP address
In order to collect the anonymous data described in the preceding paragraph, in the future temporary "cookies" that collect the first level domain name of the user (for example, if your e-mail address is "john at testmail.com," the cookie collects the "testmail.com" portion of your e-mail address) and the date and time you accessed this website may be used. Cookies by themselves cannot be used to discover the identity of the user. A cookie is a small piece of information which is sent to your browser and stored on your computer's hard drive. Cookies do not damage your computer. You can set your browser to notify you when you receive a cookie. This enables you to decide if you want to accept it or not.
IP address may also be used to help diagnose problems with this website's server and to administer this website. An IP address is a numeric code that identifies your computer on a network, or in this case, the Internet. Your IP address is also used to gather broad demographic information, such as determining how many visitors are from outside of the UK.
8 Disclosure of your Personal Data
Your Personal Data will not be shared, sold or distributed with unrelated third parties, except under these circumstances:
• 8.1 Personal Data may occasionally be transferred to third parties for further processing in accordance with the purposes for which the data was originally collected or for purposes to which you have subsequently consented.
• 8.2 Personal Data will be transferred to third parties for further processing in order to fulfil orders placed by you via this Web Site and to provide an after sales service.
• 8.3 Third parties are engaged to perform services or functions in order to manage and improve this website, merchandising, marketing and promotional efforts, communications or other services. Those third parties include authorized contractors, consultants, legal advisors and other companies (collectively, "agents"). They only have access to personal information needed to perform their functions, and may not share any personal information with others or use it for any other purposes than that which is contractually agreed. Where appropriate, before disclosing Personal Data to a third party, that third party is contractually required to take adequate precautions to protect that data and maintain confidentiality. Information about you may also be received from other sources (such as demographic information and purchase history) and it may be added to records about you in order to make marketing efforts more efficient.
• 8.4 The information in this website's databases may be shared or transferred to comply with a legal requirement, for the administration of justice, to protect your vital interests, to protect the security or integrity of the databases or this website, to take precautions against legal liability, or in the event of a sale, merger, reorganisation, dissolution or similar event.
• 8.5 Where you have consented, your information may be disclosed to partners or other businesses who may contact you about their products or services that may interest you.
• 8.6 During the purchase process, your information may be shared with certain intermediaries (e.g. DPD) strictly to process and ship your order.
9 Data integrity and security
Personal Data in this website's databases are maintained to a high standard of reliability, accuracy, completeness and currency and to protect the privacy and security of the databases. Personal Data will be kept only for as long as reasonably necessary for the purposes for which it was collected or to comply with any applicable legal or ethical reporting or document retention requirements.
Employees and third parties who have access to Personal Data have been trained to handle such data properly and in accordance with security protocols and strict standards of confidentiality. Although loss, misuse, unauthorised disclosure, alteration or destruction of data cannot be guaranteed, such unfortunate occurrences are prevented as far as reasonably possible.
Security measures protect you while you shop on this website so that you never have to worry about credit card safety. This website's servers use Secure Sockets Layer (SSL), an encryption technology that works with current browsers, so that no other party can read a buyer's personal information. Only the last five digits of your credit card number will be revealed when you are sent an order confirmation. However, the entire credit card number will be transmitted to the appropriate credit card company during order processing.
10 Third party sites
This website may contain hyperlinks to web sites operated by third parties. These hyperlinks are provided for your reference and convenience only and do not imply any endorsement of the activities of these third-party websites or any association with their operators. Such websites are controlled by third parties and as such you should review any privacy policy posted on any site you visit before using the site or providing any Personal Data about yourself. The information practices of those websites linking from or to this website are not covered by this Policy, and you are encouraged to be very cautious before you disclose your personal information to others.
11 Data access and corrections
Upon receipt of your written request and enough information to permit identification of your Personal Data, such Personal Data held about you will be disclosed to you. Corrections, amendments or deletions to Personal Data that is inaccurate can be made and will be notified to any third party recipients.
If you wish to access or correct your Personal Data, please write to us at American Golf Outlet, Europa Boulevard, Gemini Business Park Warrington WA5 7YW. You will not be charged for a correction request, however, for all other requests, you may be charged a fee of £10.00 to cover costs. Requests to delete Personal Data are subject to any applicable legal and ethical reporting or document retention obligations.
You may ask to have your account information removed from this website's active databases; however, because this website tracks past purchases, information associated with past purchases cannot be deleted. Such information will be deactivated as soon as reasonably possible based on your account activity. Also, as a security measure the data stored on this website's systems is "backed-up", and such prior information cannot be completely removed from the databases. Therefore, you should not expect that all of your Personal Data will be completely removed from the databases in response to your requests. However, please be aware that your personally identifiable information will be kept only for as long as reasonably necessary for the purposes for which it was collected or to comply with any applicable legal or ethical reporting or document retention requirements.
12 Children's privacy
You must be at least 18 years old to use this website. Personal Data about visitors under 18 years of age will not be knowingly collected, used or disclosed. If you are a minor, you can use this website only in conjunction with your parents or guardians.
13 Transfer of Personal Data abroad
Personal data which you submit to this website may be processed in a country other than England but steps are taken to ensure that your Personal Data is kept secure by contractual and technical means.
Of course, the Internet is made up of a large number of international connections. If you are visiting this website from a country other than the country in which its server is located (currently England), the various communications will necessarily result in the transfer of information across international boundaries. By visiting this website and communicating electronically, you consent to these transfers.
14 Governing law
This Privacy Policy forms part of the website Terms of Use and as such shall be governed by and construed in accordance with the laws of England & Wales. You agree to submit any dispute arising out of your use of this website to the exclusive jurisdiction of the courts of England & Wales.
15 Questions
If you have further questions about this Privacy Policy or comments on how this website can be improved, please do not hesitate to write to American Golf Outlet, Europa Boulevard, Gemini Business Park Warrington WA5 7YW
16 Use of Personal Data for Credit Checking
To ensure that your credit, debit or charge card is not being used without your consent, we will validate name, address and other personal information supplied by you during the order process against appropriate third party databases. By accepting these terms and conditions you consent to such checks being made. In performing these checks personal information provided by you may be disclosed to a registered Credit Reference Agency which may keep a record of that information. You can rest assured that this is done only to confirm your identity, that a credit check is not performed and that your credit rating will be unaffected. All information provided by you will be treated securely and strictly in accordance with the Data Protection Act 1998.
TERMS AND CONDITIONS OF SALE - "THE AGREEMENT"
(CONSUMERS)
IMPORTANT: Please read the wording of this Agreement carefully as it contains the terms and conditions ("the Conditions") upon which americangolf Limited trading as american golf ("american golf") of Europa Boulevard, Gemini Business Park, Warrington, WA5 7YW ("Us"/"We"/"Our") contracts with You as a consumer NOT dealing in the course of a business ("You"/"Your"/"Yourself") for the sale or the supply of goods and services ("Goods") in accordance with the Conditions. All orders are accepted by us and are subject to the following Conditions:
1 Order
• 1.1 You may make an order via our website.
• 1.2 All orders which are accepted by us shall be subject to these Conditions and no contract shall be deemed to be in place until we have accepted your order. An order is not accepted until your credit/charge/debit card is processed. Your card will not be processed until we have verified that your order can be fulfilled from stock (except for custom fit orders, which are debited when we place the order with the manufacturer). Any e-mail, on-screen receipt or other acknowledgement of your order is merely to report that your request has been received and does not in any way denote acceptance of your order regardless of any wording on the e-mail or the receipt. We reserve the right, at any time prior to acceptance, to refuse any order or any part of an order, or to require further or better information to enable us to evaluate and/or process the order. If you wish to cancel your order or return goods, please see our cancellation and returns terms below.
• 1.3 You will be advised if an item is out of stock. You may be offered an alternative product if one is available or you may cancel your order.
2 Payment and Prices
• 2.1 All prices are quoted in pounds Sterling and do not include cost of delivery and packaging.
• 2.2 Payment shall be made at the time that the order is placed. Payment may be made by PayPal only. We DO NOT accept Electron cards or American Express). Goods will not be despatched until we are in receipt of cleared funds.
• 2.3 Prices quoted are inclusive of VAT and are current at the time of publishing. While every endeavour will be made to maintain them at their present low level we reserve the right to effect changes without prior notice. Prices will be as confirmed by us when Your Order is confirmed.
• 2.4 We reserve the right at any time to correct clerical omissions and errors without any liability on our part.
3 Ownership of the Goods
• 3.1 Ownership of the Goods delivered or to be delivered by us will only be transferred to you when the Goods have been delivered to you and we have received cash or cleared funds in full payment of all sums owing to us in respect of the Goods and in respect of any other agreements between you or us.
4 Delivery
• 4.1 Standard deliveries are shipped via DPD on a 2 Working Day service. This is FREE of charge. You will also have the option to opt for a Next Working Day service which is charged at £5.99. We use DPD parcel couriers to delivery our parcels and this is a signed for service. You will receive an email notification from DPD with a 1-hour delivery slot for your goods. We aim to despatch your items the same day, dependent upon payment clearance, if ordered before 2.00pm Monday to Friday. Orders received after 2pm Friday will be despatched Monday.
• 4.2 Freight and insurance for deliveries outside mainland UK (excluding any area separated by water from the mainland) is charged extra at cost. Please contact us for further details via the eBay messaging service. If the Goods are subject to import duties and/or taxes for overseas orders, these costs will be solely borne by you.
• 4.3 We shall use reasonable endeavours to deliver by the date specified but we shall be under no liability whatsoever for delay in delivery or the consequence thereof however caused or non delivery of Goods. We will take reasonable steps to notify you within 14 days of order confirmation if Goods will not be shipped as ordered.
• 4.4 When Goods are delivered to You, You should carefully check the documentation to ensure that the number and contents of the packages due to be delivered corresponds to the number and contents of packages received.
• 4.5 If you believe that there are shortages in the number of Goods contained in the packages or if any damage has occurred to the Goods in transit, you must report these to us within two working days of receipt of the Goods and this must be confirmed in writing and any damaged Goods returned to us. Please see our return terms below.
• 4.6 All orders from the American Golf Outlet eBay store will be despatched by courier to the stated delivery address. We do not currently offer a collect in person service.
5 Returns
• 5.1 Provided you are a private consumer you may cancel any order made by you via our website at any time within 14 days of receipt by you of the Goods. This Condition extends your statutory rights of cancellation. You must notify us via the eBay messaging service if you wish to return Goods. Return shipping costs will only be refunded where we have sent Goods in error or products arrive damaged in transit.
• 5.2 As per 5.1 above, if you wish to return an unwanted order, you may do so within 14 calendar days. To do this, please contact us via the eBay messaging service. The item must be returned in the same condition as you received it and all return costs must be met by you.
• 5.3 Goods that become faulty during use are unable to be returned outside the standard 14-day return policy. Pre-owned, ex-demo or ex-display goods are not sold as new goods and are purchased on a “bought as seen” basis. This is compliant with eBay trading regulations.
• 5.4 If goods have been sent in error, or the good have been damaged in transit from us, please contact us via the eBay messaging service. We will arrange a suitable time for these to be collected from you by DPD at no cost to yourself. Please ensure that the product is boxed as received prior to this. A refund will be processed within 14 days from the agreed decision.
• 5.5 Goods which are returned to us must be accompanied by a copy of your delivery note or a covering letter stating your name, address and order number and reason for return.
• 5.6 Any returned item lost, damaged or defaced in transit to us will not be credited, unless we arranged collection.
• 5.7 Any returned items must be returned at your own cost (unless item sent in error or damaged in transit) and must be packed in its original packaging and suitably labelled addressed to American Golf Outlet, Europa Boulevard, Gemini Business Park, Warrington, WA5 7YW. Goods must be returned in the same condition that they were in when despatched to you. We recommend that you use a reputable courier or Recorded Delivery. Please retain any proof of posting, receipt or tracking number for any item returned as We cannot accept responsibility for Goods until signed for by Us.
• 5.8 Unless expressly authorised by Us in writing, any Goods can only be returned for credit if unused, complete and in the original packaging. Please note: If you return Goods (which are not faulty) for exchange we will charge you for shipping the new Goods back to you.
• 5.9 Subject to Your statutory rights of cancellation and our extended cancellation terms as set out at Condition 5.1, an order can only be cancelled at our discretion. On no account can cancellation be accepted for items sourced specially by us on your behalf which is not advertised on our website.
• 5.10 Refunds will be processed within 14 days from the agreed decision.
6 Faulty Goods
6.1 Goods that become faulty during use are unable to be returned outside the standard 14-day return policy. Pre-owned, ex-demo or ex-display goods are not sold as new goods and are purchased on a “bought as seen” basis. This is compliant with eBay trading regulations. If the good are damaged when received, please see point 5.4 above.
7 Goods advertised
• 7.1 While every effort has been made to portray items accurately on our website and other advertising materials, slight variations may occur.
• 7.2 All measurements quoted are approximate and the reproduction of colours is as accurate as photographic and publishing processes will reasonably allow.
• 7.3 Please note there may be variations in colours dependant on the calibration and settings of individual screens/prints.
8 Limitation of liability
• 8.1 All warranties, Conditions or other terms whether express or implied by statute or common law or otherwise are excluded or limited to the fullest extent permitted by law.
• 8.2 We exclude all liability for any loss, damage or expense howsoever suffered or incurred by You as the direct or indirect result of the Goods either not being of satisfactory or merchantable quality, or fit for any purpose, or conforming to any description and You hereby irrevocably waive all rights and/or remedies (if any) which You may have or have had in respect of such loss, damage or expense and/or in respect of any breach or default of any warranty implied by statute, equity or common law concerning the quality, fitness or description of the Goods. We shall not be liable for incidental or consequential damages for any breach hereof.
• 8.3 Nothing in these Conditions shall limit our liability in respect of death or personal injury caused by our own negligence.
• 8.4 Save where expressly provided otherwise in these Conditions, subject to condition 10.4 Our entire liability under or in connection with:
• 8.5 any order or the Goods shall not exceed the price of the Goods; and
• 8.5.1 Any award or redemption of the Loyalty Points shall be limited to crediting you with the Loyalty Points in the event that such points were incorrectly deducted or should have been credited but were not.
9 Miscellaneous
• 9.1 If any provision of this Agreement is held by any competent authority to be invalid or unenforceable in whole or part the validity of the other provisions of this Agreement and the remainder of the provision in question shall not be affected.
• 9.2 We shall not be liable to You for any delay or failure to perform any of Our obligations hereunder which is due to causes or circumstances beyond Our reasonable control, including (without limitation) acts of civil or military authority, national emergencies, fire or flood, strikes, lock-outs and other industrial disputes, acts of God, war or riots, actions or omissions of third parties.
• 9.3 This Agreement including the order is the complete and exclusive statement of the contractual relationship between the parties, which supersedes all prior proposals, understandings, agreements, or representations between the parties relating to this Agreement except in respect of any fraudulent misrepresentation made by either party.
• 9.4 We reserve the right to randomly monitor and record our inbound and outbound calls.
• 9.5 No delay, neglect or forbearance on our part in enforcing its rights against you shall be construed as a waiver or in any way prejudice any of our rights hereunder.
• 9.6 Except for Our affiliates, directors, employees or representatives, a person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
• 9.7 This Agreement shall be governed by and construed in accordance with the laws of England and Wales whose courts shall have non-exclusive jurisdiction in connection with any dispute arising out of or in connection with it and to which jurisdiction You irrevocably submit.
10 Additional Notes
• 10.1 Our eBay store working hours are 9am till 4pm Monday to Friday.
• 10.2 We are a web-based store and all questions and responses should be submitted through the eBay messaging service.
• 10.3 We do not currently accept any offers below the 'Buy It Now' price. Emails relating to bids on ‘Buy It Now’ listings will not be responded to.
• 10.4 Items that are listed as “Used” or “Pre-Owned” are not new or ex-demo goods.
• 10.5 Clubs will clearly be stated as “Used” and a subjective score out of 10 will be attributed to the listing by our eBay store manager.
• 10.6 Occasionally pre-owned goods may have had elements of custom fitting, such as grip/lie or length adjustments. In some cases, these are known and obvious and will be listed as such in the description. However, some adjustments are not as obvious and unless the previous owner advises of any custom fit adjustments, we cannot guarantee to detect all of these changes.
