TERMS OF USE AND GENERAL CONDITIONS

Eggs golf – Travesía de Arna 5b, 1d – 39140 Somo – Santander – España
TERMS & CONDITIONS FOR ONLINE PURCHASING AND WEBSITE USE

Updated January 2017

APPLICABILITY

These general conditions apply to:

1. orders placed for products available onwww.EggsGolf.com(the “Website”) by consumers within Europe; and
2. the use of any information, documents, graphics, movies, features, music and/or other services on the Website.

Please ensure that you read these general conditions carefully and check that the details of your order are complete and accurate before submitting your order. If you think that there is a mistake, please contact us.

PLACING ORDERS ON THE WEBSITE

1. ELIGIBILITY TO ORDER

To place an order on the Website, you must be:

1. at least 16 years old
2. a consumer – not a reseller

HOW TO ORDER

You need an e-mail address to place an order, and you may need to set your browser to accept both (functional) cookies and pop-ups in order to be able to use all the functionalities of the Website, which includes designing customized items, adding items to your shopping cart and submitting your order.

Placing an order on the Website is easy.

1. Find the products you want (and customize if applicable).
2. Add the products to your shopping cart.
3. Proceed to checkout.
4. Select delivery and billing options.
5. Review your order.
6. Submit your order.
7. Receive an online order acknowledgment.
8. Receive an online order confirmation.

When you submit an order we will send you an email acknowledging receipt of your order. This does not mean that we have accepted your order. Our acceptance of the order takes place when the Products are shipped to you – we will send you an email confirming that the Products have been shipped (“Order Confirmation”). At this point a contract, containing these general conditions, comes into existence and is binding on you and us (the “Contract”). We recommend that you print or download a copy of these general conditions and the Order Confirmation for future reference.

If we are unable to supply you with a product, we will inform you of this in writing and will not process the order.

OUR RIGHT TO REJECT YOUR ORDER OR CANCEL A CONTRACT

Fulfillment of all orders on the Website is subject to availability. We explicitly reserve the right not to accept your order for any reason. We also reserve the right to cancel a Contract by written notice to you in the following situations, without being liable for any damage or costs other than repayment of any amount received from you in relation to the Contract we have cancelled:

• the product is not available / in stock;
• your billing information is not correct or not verifiable;
• your order is flagged up by our security systems as an unusual order or an order susceptible to fraud;
• you are under 16;
• you are a reseller;
• there was a clear error in the price displayed on the Website;
• we could not deliver to the address provided by you;
• due to an Event Outside Our Control (see art. 10 below); or
• in the event of clear misspelling, pricing or other errors or mistakes in the Website information.

DATA CHECK

When you send us your order, we may run some checks on it before it is fulfilled. These checks may include verifying your address, creditworthiness, and checking for fraud. As to the latter: we run partly automated checks on all purchases to filter out unusual or suspect transactions, or transactions which can be identified as susceptible to fraud. Suspected fraud on EggsGolf.com will be investigated and if necessary prosecuted.

PRICE/PAYMENT

1. PAYMENT METHODS

You can find the available payment methods for each country in the checkout section of the Website. We do not accept any method of payment other than those listed in the checkout section. Please do not try to pay by any other way than specified there. If you do, we will not be liable for loss of the payment or any other damages that may result from this action.

PAYMENT PROCESSING

If you pay by credit/debit card, we will deduct the amount due from your account as soon as your order leaves our warehouse.

Payments can only be processed if the billing information can be verified.

We retain title in any product(s) until we have received full payment for such product(s).

PRICES AND CURRENCY

The product prices displayed on the Website are inclusive of Value-Added Tax (VAT). Shipping rates are applied per order. The exact shipping rates depend on the country where your order is being delivered to. For details on shipping rates per country see the checkout section of the Website.

Prices are quoted in Euro with the exception of UK, Sweden, Norway, Switzerland and Denmark where prices are quoted in local currency. If you change the country of delivery while browsing or during check out, prices from that moment may be quoted in a different currency. Please note that changing the country of delivery may have an influence on the price due to a change in currency or to country specific pricing.

YOUR TOTAL PRICE

The total price specified in the final check out screen includes tax and shipping costs. This price will be recorded in the Order Confirmation, which we recommend you print or download for future reference. If paying by credit card, the total amount for your entire order will be reflected on your statement in your local currency.

If your local currency is different from the currency in which the prices are quoted, your bank will apply the exchange rate applicable per the date of purchase. Your bank may apply a different exchange rate, which is beyond our control.

Please transfer only the exact amount specified on the Order Confirmation, and make individual transfers per order, using the unique reference number stated in your Order Confirmation.

PRICE CHANGES

The prices of the products will be as displayed on the Website. Prices may change from time to time, but changes will not affect any order which we have confirmed in an Order Confirmation.

SHIPPING & DELIVERY

1. DELIVERY – WHERE AND WHEN

1. We deliver products from Monday to Friday. We do not ship on certain public holidays. We can only fulfill an order to a delivery address which is a home or office address in one of the countries listed in the checkout section of the Website.

SPLIT DELIVERY

Where possible, we try to deliver all items which you have ordered at the same time.

We reserve the right to split the delivery of your order, for instance if part of your order is delayed or unavailable. In the event that we split your order, we will notify you of our intention to do so by sending you an e-mail to the e-mail address provided by you at the time your order was placed. You will not be charged for any additional delivery costs.

INSPECTION UPON DELIVERY

Upon delivery, please inspect the packaging for damage. If it appears that the products are damaged, please do not accept the shipment.

RETURNS & CANCELLATIONS

1. CANCELLING ORDER BEFORE DELIVERY

You may cancel any order free of charge and without giving us any reason, provided it has not yet been shipped.

RETURNING ORDERS AFTER DELIVERY – DEFECTIVES

You are entitled to return products delivered to you in the event that they are defective or otherwise not in conformity with your order when you received them. You can do so within 2 months after you notice the defect. This does not affect your statutory rights. In the event your claim is justified, the purchase price and the shipping costs will be refunded.

EXERCISING YOUR RIGHT OF WITHDRAWAL

If for whatever reason you are not happy with the products you ordered, you may return the products delivered to you within 30 calendar days after the product is delivered, without giving us any reason, as long as:

• the products are unwashed and not used in any way
• the product is complete: e.g. both items of a pair must be returned

You cannot return:

• products that have been tampered with
• sealed audio, video recordings or sealed computer software or audiovisual products of which an affixed seal is broken

For information on refunds, see art 7.5 below. If you inform us that you wish to return a product, we shall reimburse to you all payments received, including the delivery costs (with the exception of any supplementary costs resulting from your choice of delivery other than the least expensive type of standard delivery offered by us) and in any event not later than 14 days from the day on which we are informed about your decision to exercise your right of withdrawal.

PRODUCT EXCHANGE

Product exchanges are currently not possible, but you do have the option of returning your product(s). See art 7.2 and 7.3 above. For information on refunds, see art 7.5 below. In order to get another product color or size, you will have to place a new order on the Website.

REFUND INFORMATION

Refunds will be issued based on the original form of payment.

In the event you return goods for reasons other than defectiveness or non-conformity with your order, you will need to pay for the return shipment.

 

LIABILITY

1. If Eggs Golf fails to comply with these general conditions, we shall be responsible for loss or damage you suffer that is a foreseeable result of our breach of these general conditions or our negligence. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into the contract.
2. Even though we have created the caused by viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any content on it, or on any website linked to it or any incorrectness, or incompleteness of the Website. Although we use encrypted security software, the security of information and payments transmitted via Internet or via e-mail can’t be guaranteed. We shall not be liable for any damages suffered as a result of the use of electronic communications.
3. In the event you have suffered damages as a result of our activities related to your purchase(s) of our products through the Website, our liability will be limited to:
   1. damage to the Eggs Golf products or to other materials;
   2. reasonable and demonstrable costs incurred by you to find out the cause and the amount of the damages under a);
   3. reasonable and demonstrable costs incurred by you to prevent or reduce the damage under 9.3 a).

   The maximum reimbursement of the above damages will (if applicable) be the purchase price of the products concerned.

4. We shall not be liable for damage incurred by a third party resulting from the use of any of our products. We shall not be liable for damage incurred by you as a result of your improper use of any of our products.
5. Nothing in these general conditions excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by Spanish law.
6. To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Website or any content on it, whether express or implied.
7. Please note that we only provide the Website for domestic and private use. You agree not to use the Website for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

EVENTS OUTSIDE OUR CONTROL

1. An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.
2. If an Event Outside Our Control takes place that affects the performance of our obligations under these general conditions:
   • We will contact you as soon as reasonably possible to notify you; and
   • Our obligations under these general conditions will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects Our delivery of a product to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
3. You may cancel the contract if an Event Outside Our Control takes place and you no longer wish us to provide the products. Please see your cancellation rights under art. 7. We will only cancel the contract if the Event Outside Our Control continues for longer than 20 weeks in accordance with our cancellation rights in art. 2.
4. Website with care, the information, texts, documents, graphics, movies, music and/or other services on it may contain errors or be otherwise incorrect or incomplete. We shall not be liable for any damages resulting from the use of (or inability to use) the Website, including damages caused by viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any content on it, or on any website linked to it. or any incorrectness, or incompleteness of the Website. Although we use encrypted security software, the security of information and payments transmitted via Internet or via e-mail can’t be guaranteed. We shall not be liable for any damages suffered as a result of the use of electronic communications.
5. In the event you have suffered damages as a result of our activities related to your purchase(s) of our products through the Website, our liability will be limited to:
   • damage to the Eggs Golf products or to other materials;
   • reasonable and demonstrable costs incurred by you to find out the cause and the amount of the damages under a);
   • reasonable and demonstrable costs incurred by you to prevent or reduce the damage under a).

   The maximum reimbursement of the above damages will (if applicable) be the purchase price of the products concerned.

6. We shall not be liable for damage incurred by a third party resulting from the use of any of our products. We shall not be liable for damage incurred by you as a result of your improper use of any of our products.
7. Nothing in these general conditions excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by Spanish law.
8. To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Website or any content on it, whether express or implied. Please note that we only provide the Website for domestic and private use. You agree not to use the Website for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

 

EVENTS OUTSIDE OUR CONTROL

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these general conditions that is caused by an Event Outside Our Control.

An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lockouts or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.

If an Event Outside Our Control takes place that affects the performance of our obligations under these general conditions: We will contact you as soon as reasonably possible to notify you; and Our obligations under these general conditions will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects Our delivery of a product to you, we will arrange a new delivery date with you after the Event Outside Our Control is over. You may cancel the contract if an Event Outside Our Control takes place and you no longer wish us to provide the products. Please see your cancellation rights under clause 8. We will only cancel the contract if the Event Outside Our Control continues for longer than 20 weeks in accordance with our cancellation rights in clause 2.

INTELLECTUAL PROPERTY RIGHTS

1. Eggs Golf owns all intellectual property rights in the Website and in the material published on it. Those works are protected by copyright laws around the world. All such rights are reserved.
2. You may print off one copy, and may download extracts of any page(s) from the Website only to the extent this is necessary for the purpose of placing an order with us, or for using the Website as a shopping resource.
3. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
4. Eggs Golf’s status as the owner of content on the Website must always be acknowledged.
5. You must not use any part of the content on the Website for commercial purposes without obtaining a license to do so from Eggs Golf.
6. If you print off, copy or download any part of the Website in breach of these general conditions, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

USER GENERATED CONTENT

If you post any ideas, remarks, questions, data, graphics, opinions, designs, customizations, or other information (including info on bulletin boards, chat rooms or other forums on the Website) (hereafter “User Generated Content”), on the Website, or if you send such User Generated Content through the Website to Eggs Golf, ownership of any intellectual property rights and other rights in the User Generated Content shall automatically be transferred to Eggs Golf. To the extent such transfer is not valid, you grant to Eggs Golf, by submitting the User Generated Content to Eggs Golf, a worldwide, non-exclusive, fully paid, perpetual, royalty free license to use, including but not limited to a right to copy, modify, publicly display, distribute and to sublicense (all or parts of), your User Generated Content for any purposes as we deem fit, including but not limited to, developing, manufacturing and marketing products and services and creating, modifying or improving the Website or other products or services.

The User generated Content will be deemed to be non-confidential and we will be entitled to use or disclose the User Generated Content in any manner whatsoever, without liability or notice to you. You acknowledge and agree that you shall have no claim against Eggs Golf or any other party should any User Generated Content created, posted or sent by you be used in the above sense by Eggs Golf or such other party.

You warrant that any User Generated Content or other information which you send to the Website is not, and does not contain, material which is offensive, pornographic, defamatory, blasphemous or unlawful, and does not infringe, or potentially infringe, the rights of a third party or any applicable law. You warrant that all material submitted to us is original to you, and not copied in whole or part from any third party. Please do not send anything that is required to be kept confidential. You shall not upload commercial content on the Website or use the Website to solicit others to join or become members of any other commercial online service or other organization. You may be required to register and/or agree to additional terms of use prior to being permitted to post or otherwise distribute User Generated Content to the Website.

Eggs Golf does not, and you agree that Eggs Golf has no obligation to, review the User Generated Content, that Eggs Golf is not in any manner responsible for User Generated Content, that Eggs Golf does not guarantee the accuracy, integrity or quality of User Generated Content, and that Eggs Golf cannot assure that harmful, inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable User Generated Content will not appear on the Website.

You acknowledge that by providing you and others with the ability to access and view User Generated Content on the Website, Eggs Golf is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any User Generated Content or activities of users on the Website. Without limiting the generality of the foregoing, you acknowledge and agree that the information, materials and opinions expressed or included in any User Generated Content are not those of Eggs Golf or its affiliated or related entities or content providers.

Notwithstanding the foregoing, you acknowledge and agree that Eggs Golf has the absolute right to monitor User Generated Content posted to the Website in its sole discretion. In addition, Eggs Golf reserves the right to edit, refuse to post or remove any such User Generated Content, in whole or in part, for any reason or for no reason, and to disclose such User Generated Content and the circumstances surrounding their transmission to any third party.

You agree that we do not have any obligation to use or respond to any User Generated Content. You agree that you shall immediately notify Eggs Golf in writing of any objectionable content appearing on the Website. Eggs Golf will make good faith efforts to investigate allegations that any User Generated Content violates these General Conditions but (a) makes no warranty to you that it will edit, remove, or continue to permit the display of any specific User Generated Content, whether or not subject to such allegations, and (b) will have no liability whatsoever for editing, removing, or continuing to permit the display of any User Generated Content whatsoever.

Any use of any content on the Website, including, without limitation, User Generated Content, will be at your own risk. Without limiting the generality of the foregoing, you acknowledge and agree that Eggs Golf is not responsible for any User Generated Content that purports to give medical advice or advice regarding fitness training, exercise, or diet. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition or a physical fitness program.

APPLICABLE LAW

These general conditions and all disputes arising in connection with these general conditions, including the validity thereof, or with the use of the Website(s) or with any purchases on the Website shall be governed by Spanish law.

AVAILABILITY OF THE WEBSITE

We do not guarantee that the Website, or any content on it, will always be available or be uninterrupted. Access to the Website is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of the Website without notice. We will not be liable to you if for any reason the Website is unavailable at any time or for any period.

YOUR ACCOUNT AND PASSWORD

If you choose to register on the Website you must treat the username and password for your account as confidential and must not disclose it to any third party.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify Consumer Services at Eggs Golf Travesia De Arna 5b, 1D, 39140 Somo, Santander, España.

LINKED SITES

The Website provides links to external Internet sites. We shall not be liable for the use or the content of internet sites that link to this site or which are linked from it.

VARIATION OF GENERAL CONDITIONS

We may revise these general conditions from time to time. Every time you order products from us, the general conditions in force at that time will apply to the contract between you and us.

Whenever we revise these general conditions we will keep you informed and give you notice of this by stating that these general conditions have been amended and the relevant date at the top of this page.

OTHER IMPORTANT TERMS

1. We may transfer our rights and obligations under a contract to another organisation, but this will not affect your rights or our obligations under these general conditions.
2. You may only transfer your rights or your obligations under these general conditions to another person if we agree in writing.
3. Each of the paragraphs of these general conditions operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
4. If we fail to insist that you perform any of your obligations under these general conditions, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
5. We will not file a copy of the contract between us.