PLEASE READ THIS DOCUMENT CAREFULLY! IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU. THESE TERMS AND CONDITIONS GOVERN YOUR PURCHASE OF PRODUCTS.
This Agreement and any documents referenced here contain all of the terms and conditions that apply to purchases by you (“Customer”) from Acushnet Company ("Titleist") sold by Titleist. By placing an order with Titleist, Customer agrees to be bound by and accepts these terms and conditions. These terms and conditions are subject to change without prior written notice at any time, in Titleist’s sole discretion; however, any changes will apply prospectively and will not amend or modify any previous contract we have with you.
GOVERNING LAW
THIS AGREEMENT AND ANY SALES HEREUNDER SHALL BE GOVERNED BY THE LAWS OF THE UNITED KINGDOM, WITHOUT REGARD TO CONFLICTS OF LAWS RULES. YOU MAY BE SUBJECT TO OTHER TERMS AND CONDITIONS GOVERNING CERTAIN FEATURES OF OUR SITE INCLUDING PURCHASES FROM TITLEIST.
GENERAL PROVISIONS
All supplies and offers of Titleist are made exclusively on the basis of these Terms and Conditions of Sale. The Terms and Conditions of Sale, which Titleist concludes with its Customers on the purchase of products, also apply for all future purchases of the Customer even if they are not separately agreed again.
Terms of business of the Customer or third parties do not apply even if Titleist does not specifically object to their application; these Terms and Conditions of Sale completely represent all agreements made between the contracting parties concerning the subject matter of the contract. Oral promises made by Titleist before concluding this contract are not legally binding and such oral promises of the contracting parties shall be replaced by the written agreement unless such promises each indicate explicitly that they shall continue to have a binding legal effect.
Supplements and amendments to existing agreements including these Terms and Condition of Sale must be made in writing in order to be legally valid. Except for the managing directors or authorised officers, the employees of Titleist are not authorised to make any different oral agreements.
PAYMENT TERMS
Payment must be received in full by Titleist prior to acceptance of an order for all custom Titleist products. Payment for the products is to be made by credit card or PayPal at time of order. Orders are not binding upon Titleist until expressly accepted by Titleist. We reserve the right to refuse or decline any order whether or not the order has been confirmed and your credit card or PayPal account has been charged. Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute our offer to sell. If your credit card or PayPal account has already been charged for the purchase and your order is declined, we will issue a refund to your credit card or PayPal account in the amount of the charge. The products supplied to the Customer by Titleist shall remain the property of Titleist until full payment is received.
SHIPPING AND HANDLING CHARGES
Separate charges for shipping and handling will be shown prior to order and on the invoice(s).
VAT
Certain sales or other taxes may apply to your purchase, either in addition or included. These taxes vary from state to state and will be collected for orders shipped to states where these taxes are applicable. The amount of tax charged is based on current state and local tax rates as well as other factors, including the identity of the seller, the type of item purchased, and the shipment destination of the order. Please review and confirm the taxes applied to your order in your shopping cart before submission.
RISK OF LOSS
Loss or damage that occurs during shipping by a carrier selected by Titleist is Titleist’s responsibility.
WARRANTIES
All sales of custom products are final and customised products may not be returned. If you have purchased a customised product online and you would like to talk to our Titleist experts about any inaccuracies, defects, or if it was damaged during shipping, please contact our customer service team at 0800 090 918 or email Mytitleist_uk@titleist.co.uk
We warrant our non-customised golf ball products against defects in materials or workmanship for a period of one year from the date of purchase. If you would like to talk with our Titleist experts about any warranty claim, please contact our customer service team at 0800 090 918 or email Mytitleist_uk@titleist.co.uk
PRODUCTS
The Titleist product shown on www.titleist.co.uk is an actual sample product or shows examples of potential My Titleist golf ball colour and the possible text combination of configurations. Titleist is not responsible for variations of on-screen computer resolution and colour calibration. This may result in a slightly different image of product on-screen versus end product delivered to Customer.
Acushnet Company reserves the right to reject orders for imprints on our products that may, in our sole discretion, be inconsistent with our company values or brand identity, including, but not limited to logos, designs and/or personalisations that are negative in nature, advocate violence or illegal activity, or are slurs, hateful, threatening, libelous, defamatory, vulgar, obscene or pornographic.
LIMITATION OF LIABILITY
Titleist will not be liable for any failure or delay in performance due in whole or in part to any cause beyond Titleist’s reasonable control including, but not limited to, strikes, riots, wars, fires, terrorist acts, acts of God or acts of compliance with any law or regulation. In no event shall Titleist be liable to Customer for any (i) special, indirect, incidental or consequential damages, or (ii) damages resulting from loss of use or profit, unless required by law.
ERRORS
Titleist attempts to ensure that the information on the site is accurate, complete and current. However, despite our best efforts, there will be instances where information about an item contains inaccurate or incomplete data, including the data about the item’s price or availability. We make no guarantee that the information on this site is error-free, complete or accurate.
In the event a Titleist product is listed at an incorrect price or with incorrect information due to a typographical error or other error in pricing or product information, we will attempt to correct the error where discovered. We reserve the right to revoke any stated offer for any reason and to correct any inaccuracies or omissions, including after an order has been submitted and whether or not the order has been confirmed and your credit card or PayPal account has been charged. If your credit card has already been charged for the purchase and your order cancelled, we will issue a credit to your credit card or PayPal account in the amount of the charge, and shall not incur any additional liability for such cancellation.
APPLICABLE LAW; NOT FOR RESALE OR EXPORT
Customer agrees and represents that it is buying for its own use, and not for commercial resale or export.