1. DEFINITIONS AND INTERPRETATIONS
1.1 In these terms and conditions:Reference to “we” and “us” is a reference to Halpenny Golf Ltd. Reference to “you” is a reference to the purchaser of the Goods from us. “Contract” means the contract between us for the sale and purchase of the Goods which incorporates theseTerms. “Goods” means the products and other items purchased by you from us. “Terms” means these terms and conditions.
1.2 These Terms are the only terms and conditions on which we contract for the sale of Goods and they form an integral part of the Contract between us. If we agree to vary any of the terms, the variation must be in writing confirmed by our duly authorised representative and by you.
2.1 The price of Goods quoted on our website includes VAT (Value Added Tax). Where VAT is not included in the price, it will be added and payable by you at the appropriate rate.
2.2 The cost of packaging and postage/carriage is shown separately.
2.3 All published prices are subject to change at any time without notice.
3. ORDERING GOODS ONLINE
3.1 You confirm to us that all information which you are required to provide when ordering Goods online is accurate and complete in all respects at the time of the order and that this information relates to you/the person placing the order and not to any third party.
3.2 When an order is made online, the order confirmation issued by the company clearing the credit/debit card payment does not constitute acceptance of your order by us. We reserve the right to check any discrepancies and an order will be confirmed as soon as reasonably practicable and in any event before delivery of the Goods.
3.3 Any error in any ordering process due to technical or other reasons beyond our control entitles us not to treat the order as being binding on us.
If you place an order, you will have to provide personal information to us. We will not disclose that information to any third party without your consent, except for the purpose of processing the order and arranging delivery.
5.1 All payment for Goods and for the cost of packaging and delivery must be made before the Goods are delivered.
5.2 Payment online will be made by credit or debit card. At our discretion, we may accept payment by cheque or other means. In all cases,delivery will not occur until we are satisfied that the payment has been made. In the case of a payment by cheque, this will be after the cheque has been cleared.
6.1 We will give you an estimated delivery date for the Goods. No times or dates provided by us are guaranteed.
6.2 We will arrange for packing and we will decide on the method of delivery either by post, courier or otherwise.
6.3 You must notify us promptly and in any event within 48 hours or receipt of any Goods if they appear to be damaged in transit. In those circumstances, you must also keep all packaging as this may be required when making a claim.
7. RISK AND OWNERSHIP
7.1 The risk of loss or damage to Goods passes to you when you actually receive the Goods (or when they are received by some third party that you identified to take possession of the Goods). If you have agreed to arrange collection collect the Goods from us, the risk in those Goods passes to you on collection by you or your carrier.
7.2 Ownership in all Goods remains with us until full payment of all amounts due to us has been received from you.
7.3 You will be responsible for the safe custody and insurance of all Goods in your possession.
7.4 You have no right to re-sell any Goods until payment has been received in full by us.
8. WARRANTIES AND LIABILITY
8.1 We warrant to you that the Goods ordered by you will meet the description as shown on our website (or any other description given to you in writing).
8.2 We will not have any responsibility for any damage which occurs to theGoods after you receive them.
8.3 If any defect in any Goods appear within 30 days of delivery, you must notify us as soon as you become aware of the defect, giving us full details. We will then decide, in consultation with you, whether the defect is our responsibility. If so, we may arrange either to repair the defectiveGoods or to replace them with similar Goods. Any defective Goods to be returned to us must be returned at your expense.
8.4 We will not accept any responsibility for any wear and tear, accidental damage or failure by you or by any third party to adhere to any written recommendation provided in relation to the Goods.
8.5 Liability to you for loss or damage shall under no circumstances exceed the total amount you have paid us for those Goods. (However, we acknowledge that we cannot exclude legal liability for death or personal injury which is proved to be due to our negligence).
9.1 If you wish to give us any notice relating to a matter covered by these Terms, whether you telephone us or not, you must confirm that notice in writing. In the case of email notices, these are to be sent to customerservice@HalpennyGolf.com and you must send them so as to return an acknowledgement of receipt.
10. CUSTOMER DEFAULT
• give us any incorrect personal information, or
• fail to make any payment when it is due, or
• cancel any payment, or
• become insolvent, or
• commit any breach of these Terms
then, in any of those events, we have the right to cancel the Contract and recover possession of any Goods which have been supplied for which payment has not been received in full.
11. FORCE MAJEURE
We will not have any liability to you if we are prevented from performing any of our obligations on account of any circumstances beyond our reasonable control including, but not limited to, fire, flood, act of nature, terrorism,war, internet disruption, power failure, strike or difficulty in obtaining materials and/or labour. In any of these circumstances we reserve the right to cancel (or, at our option, to suspend) the Contract.
12.1 Severance: If any provision in these Terms is held by a court to be unenforceable, that will not affect the remaining provisions of the Terms.
12.2 Entire Agreement: These Terms govern our relationship with you and in accepting them, you confirm that no other arrangement, agreement or representation applies.
12.3 Assignment: We reserve the right to assign any of our rights or obligations under the Contract to a third party on the basis that the existing contractual terms will become the responsibility of that third party. You will not be able to assign any of your rights or obligations without first getting our written consent.
14.1 If there is a dispute which we cannot settle by direct negotiation, we may require that it is referred to mediation before any legal proceedings are commenced.
14.2 Any dispute between us will be finally determined by the Irish courts and you agree to submit to the jurisdiction of those courts.
15. GOVERNING LAW
These Terms and the Contract between us are governed by Irish law. Nothing in these terms and conditions affect your statutory legal rights.