Conditions of Use

Terms and conditions

Gary Mitchell Golf
Blantyre Farm Road,
Uddingston,
Glasgow,
G71 7RR,
Scotland

By purchasing goods from Gary Mitchell Golf you enter a legally binding agreement with us on the following terms. You should read and understand these terms because they affect your rights and liabilities.

These terms describe the basis for purchase by you and sale by us of the products described on this web site.

Definitions and interpretation

In these terms the following words have the following meanings.

Contract - the contract for the sale and purchase of the Goods;
Delivery Area - only addresses within the United Kingdom, but excluding the Isle of Wight, the Isle of Man, the Scottish Isles, Northern Ireland and the Channel Isles.
Goods - the range of products, available for purchase from our web site in accordance with the terms;
the Website - our presence on the world wide web, currently accessible via the address www.garymitchellgolf.co.uk;
the Seller, we, or us – Gary Mitchell Golf

Shopping With Us

We at Gary Mitchell Golf have taken great care to present the products on our website as accurately as possible but the images you see will, of course, depend on the display and colour capabilities of your computer. We endeavour to provide you with as clear idea of the nature of the products we sell. However, you appreciate that there are inevitably slight variations in size, shape and colour. Illustrations, descriptions other information as to particular products are approximate and for guidance only. We may in our sole discretion from time to time vary the nature of the goods from that advertised without notice to you, so long as these variations are not material alterations. Consequently, we cannot guarantee that the product images you see are a totally accurate representation of the actual merchandise even though we’ve tried our best.

By submitting an order to us through our website you represent and warrant that the payment details provided are valid and correct and that when your order is accepted and processed by us, payment will be made in full.

Sale

An agreement for us to sell you Goods is made on these terms when we accept an order made by you via our Web Site. The description of the Goods, the price, insurance and delivery costs are set out in the order page. We will confirm acceptance of your order on-screen.

Details of the order

The quantity, quality and description of the Goods will be those set out in your order (if accepted by us).

By submitting an order to us through our website you represent and warrant that the payment details provided are valid and correct and that when your order is accepted and processed by us, payment will be made in full.

Orders are accepted at our sole discretion but are normally accepted if the Goods are available, the order reflects current pricing, you are based in the Delivery Area and your credit or account card is authorised for the transaction. Please note that standard UK delivery takes 3-5 days, but please allow up to 28 days.

Accepting Your Order

The acceptance of your order will be deemed to occur on allocation of the goods to your order. The completion of the contract between you and us will occur when the order is despatched, unless you have cancelled the order in accordance with our instructions.

We will send you an e-mail acknowledging your order, once we have received it

We may not accept your order for one of the following reasons:

Your payment may have failed OR
The product you ordered may be out of stock.

Goods which can be ordered via our Web Site are only available for delivery to you if you are based in our Delivery Area. Out with this area further charges may be incured. Any other charges will be advised before your commit to purchaase.

Pricing Policy

All prices shown on the website are based on Pounds Sterling, and where applicable, and may change from time to time.
If the price of the goods increases between the date we accept your order and the delivery date, we will let you know and ask you to confirm by e-mail that the new price is acceptable. If it is not acceptable then you will of course have the option of cancelling the order.
Our charges for transport and packaging are detailed on the order page and will be included in the total price for the goods.

Product Availability

All of the products featured on our website have been carefully selected for online shopping. If an item sells out we will display it as being out of stock as soon as possible. If, however, items that you order should be out of stock, or delayed for any reason, we will try to contact you at the e-mail address you provided when placing your order. If we cannot contact you, or receive no response to our e-mail, we will continue to process the remaining items on your order.
All items are subject to availability.

Payment Terms

We will accept a credit card/paypal account for payment Upon receipt of your order order unless delivery cannot be fulfilled within 30 days. Items with a lead time greater than 30 days will be charged up to 7 days prior to dispatch. We accept no liability if a delivery is delayed because you did not give us the right payment details.
If it is not possible to obtain full payment for the goods from your account on delivery of the goods to you, we can cancel the Contract or suspend any further deliveries to you. This does not affect any other rights we may have.
We will take all reasonable care to keep all information connected with your order secure but we cannot be held liable for any loss that you may suffer if a third party obtains unauthorised access to any data, including credit and account details you provide when accessing or ordering from this Web Site, unless this is solely due to our negligence.
We currently accept secure payments via PayPal.
We also accept bank transfers and in certain circumstances, we may accept personal cheques and money orders, but please ask about this – this method may also seriously delay your order as cheques can take a while to arrive in the post and then ultimately have to clear.

VAT

Value added Tax is charged on all purchases being delivered to UK & EC country addresses. This tax is included in our prices and is currently set at 17.5%. Registered users out with Europe are not charged VAT at checkout.

Delivery

If purchasing from abroad Please note that not all items are available internationally. Delivery of orders to addresses outside the UK and Channel Islands are charged by country and delivery times may vary.
We will deliver the goods to the address you specify for delivery in your order. It is important that this address is accurate. Please be precise about where you would like the goods left if you are out when we deliver. We cannot accept any liability for any loss or damage to the goods once they have been delivered in accordance with your delivery instructions.
We will aim to deliver the goods by the date quoted for delivery but delivery times are not guaranteed. If delivery is delayed due to any cause beyond our reasonable control, the delivery date will be extended by a reasonable period and we will contact you to arrange an alternative time.

Risk and Ownership

Risk of damage to or loss of the goods passes to you at the time of delivery to you or, if you fail to take delivery at the agreed time, the time when we tried to deliver.

You will only own the goods once they have been successfully delivered and when we have received cleared payment in full. Goods supplied are not for resale.

Returns/Options to Cancel

Returns – Returns Policy

Cancellations – Cancellation Policy

Warranties

We aim to provide high quality products and products to our customers. Accordingly, we warrant that where the goods are products and not already covered by a manufacturers guarantee, they will meet their specification and will be free from defects in materials and workmanship at the time of delivery.

The availability, price and colour of products we sell to you may vary according to seasonal and market availability.

Liability

We accept unlimited liability for death or personal injury caused by our negligence.

If you have a valid claim in respect of any of goods which is based on any defect in their quality or condition or their failure to meet specification in accordance with the Contract, and you have returned the goods within a reasonable time, you will be entitled to choose either a refund of the price of the goods or replacement goods free of charge.

We shall not be liable to you in connection with any contract, in tort (including negligence), contract or otherwise for any loss of profit, anticipated savings or data that your business may suffer. We shall, however, be liable for losses that you suffer as a result of our breach of contract and that could have been contemplated by both you and us at the time the contract is concluded.

These terms and conditions do not affect your statutory rights as a consumer.
We will continually improve the goods, so changes to them may be made at any time. We will use reasonable commercial endeavours to keep the Web Site up to date but the information and specifications given are for your information only and are subject to change without notice. Pictures on the Web Site are generally accurate but variations in colour, shape and size must be expected.

The content of the Web Site is directed solely at those who access the site from addresses within the Delivery Area.

We assume no responsibility for the contents of any other web sites to which this Web Site has links.

Matters out of our control

We will not be liable to you or in breach of the Contract for delay or failure to perform due to a cause beyond our reasonable control.

Copyright

All of the written, photographic, design and audio content of the Web Site together with the selection and arrangement of it and all software compilations are our copyrighted property or that of the people who have granted to us the right to use it and is protected as such.

All rights reserved.

None of this material may be used without our written permission. You may download or print a single copy for your own non-commercial off-line viewing. All names, logos, slogans, or other phrases may be a trade mark of ours or another person or corporation. Any unauthorised use of a trade mark is unlawful.

Changes

We reserve the right to make changes to this Web Site and these terms at any time.Complaints

If you wish to complain about any aspect of our service, please email us at customerservices@garymitchellgolf.co.uk

General

Emails to you will be to the address you specify to us. It is important that you give us an accurate and valid e-mail address and tell us of any changes to it.

If we or you fail to enforce a right under these terms, that failure will not stop Gary Mitchell Golf or you from enforcing the other rights, or the same type of right on a later occasion.
To the extent that any provision of these terms is found by any court or competent authority to be invalid, unlawful or unenforceable in any jurisdiction, that provision will be deemed not to be a part of these terms, it will not affect the enforceability of the remainder of these terms nor will it affect the validity, lawfulness or enforceability of that provision in any other jurisdiction.

The headings in these terms are for convenience only and will not affect their interpretation.

Governing Law And Jurisdiction

These terms will be governed by Scottish Law and any disputes will be resolved exclusively by the Scottish Courts.