Terms & Conditions
1. Interpretation
In these Terms and Conditions ( Terms ), the following words and
phrases shall have the following meanings: ?the Buyer? means the person,
firm or company who purchases Goods from the Company: ?the Company?
means Adrian Bell Golf Ltd, Trading online as ABC Golf; ?Contract? means the
contract between the Company and the Buyer which shall be deemed to
incorporate these Terms; ?Goods? means any goods agreed in the Contract
to be supplied by the Company to the Buyer; ?Place of Delivery? means
the place to which the Goods are to be delivered. In these Terms,
reference to any statute or statutory provision shall be construed as a
reference to such statute or statutory provision as amended, modified,
re-enacted or replaced from time-to-time.
2. The Contract
The Contract shall be on these Terms to the exclusion of all other
terms and conditions, including any such terms and conditions that are
purported to be included or applied by the Buyer. No terms and
conditions contained in the confirmation of order, purchase order or
other document of the Buyer will form part of the Contract.
3. Delivery
Any dates specified by the Company for delivery of the Goods are
intended to be an estimate only. If no date is specified for delivery of
the Goods, delivery shall be within a reasonable time. Subject to the
other provisions of these Terms, the Company shall not be liable for any
loss, whether direct or consequential, economic or loss of profits or
otherwise, arising directly or indirectly out of any delay in the
delivery of the Goods nor will any delay entitle the Buyer to terminate
or rescind the Contract unless the delay exceeds 60 days.
4. Risk in and Ownership of the Goods
Risk in the Goods shall pass to the Buyer on delivery Ownership in
the Goods shall not pass to the Buyer until the Company has received in
full in cleared funds all sums due to the Company in respect of the
Goods and all other sums which are or may become due to the Company from
the Buyer on any account. Until ownership of the Goods has passed to
the Buyer, the Buyer shall: hold the Goods on a fiduciary basis as the
Company?s bailee; store the Goods separately from all other goods of the
Buyer or any third party in such a way that they remain identifiable as
the Company?s property; not destroy or deface any identifying mark on
the Goods or their packaging; maintain the Goods in satisfactory
condition insured with the Company?s interest noted on the policy and
hold any proceeds of such insurance on trust for the Company and not mix
them with any other money.
5. Customs
When ordering products from ABC Golf for delivery outside of the EU
you may be subject to import duties and taxes, which are levied once the
package reaches the specified destination. Any additional charges for
customs clearance must be borne by you; we have no control over these
charges. Customs policies vary widely from country to country, so you
should contact your local customs office for further information.
Additionally, please note that when ordering from ABC Golf, you are
considered the importer of record and must comply with all laws and
regulations of the country in which you are receiving the products.
Your privacy is important to us and we would like our international
customers to be aware that cross-border deliveries are subject to
opening and inspection by customs authorities.
6. Price
The price for the Goods shall, unless otherwise agreed, be the price
set out on in the Company?s price list and on the company's web site.
The price for the Goods shall be displayed on the price list and web
site inclusive of vat but exclusive of all costs of carriage and
insurance which the Buyer shall pay in addition.
7. Payment
Subject to paragraph 6, payment of the price of the Goods shall be
due before the goods are shipped. Payment shall not be deemed to have
taken place until the receipt by the Company of cleared funds.
8. Warranties
The Company warrants that the Goods are of satisfactory quality. If
the Buyer wishes to make a claim under this warranty, the Buyer shall
give written notice to the Company within 30 days of the discovery of
the defect and give the Company a reasonable opportunity to inspect the
Goods in question. The Company shall not be liable for any breach of
warranty if the Buyer makes any further use of the Goods after giving
such notice or alters or repairs the Goods without the agreement of the
Company. The Company?s liability under the warranty shall be limited to
repairing or replacing the Goods in question or refunding the price of
such Goods.
9. Returns
All goods returned to the Company, whether incorrectly supplied,
unwanted, damaged, or faulty, will only be accepted subject to the
following terms and conditions:- Returned goods will only be accepted if
they are within warranty. To protect the Company against abuse of its
returns policy, the Company reserves the right to charge a restocking
fee of up to £20.00 (including VAT) at the Company's discretion for all
goods returned as faulty or damaged that are found to be in working
order when tested by the Company. The customer agrees that the Company
may charge to the customer's account all restocking fees in respect of
returned or returnable goods. The customer agrees to pay all such fees
or charges and authorises the Company to take such payment by the
customer's normal account payment method as applicable without further
notification to the customer. No refund or replacement can be made
against goods which cannot be identified as coming from the customer who
is returning them. Goods must be returned complete, including where
appropriate all packaging, cables, manuals, CDs etc, and in an
acceptable condition. The Company will aim to refund unwanted items
within 7 days from the receipt of the returned goods.
10. Limitation of Liability
The Company?s liability in contract, tort or otherwise arising out of
the subject matter of the Contract shall not exceed the original price
of the goods and the Company shall under no circumstances be liable to
the Buyer for any consequential, indirect or economic loss or damages.
11. Force Majeure
If either party is subject to an event of Force Majeure, that is
circumstances outside its reasonable control, including but not limited
to war, fire, industrial disputes or civil commotion, it shall notify
the other and the first party?s obligations under these Terms shall be
suspended until it notifies the other party of the end of such event of
Force Majeure.
12. General
If any part of these Terms is found to be void or unenforceable by
any Court of competent jurisdiction, such part shall be severed from
these Terms which will otherwise remain in full force and effect. These
Terms shall be governed by and interpreted according to English Law and
the parties submit to the exclusive jurisdiction of the English Courts.