Terms and Conditions
IMPORTANT: Please read this Agreement carefully as it contains the terms and conditions upon which JamGolf, The Golf Club @ St Pierre Park Hotel, Rohais De Haut, St Peter Port, GY11FD ("Us"/"We"/"Our") contracts with You as a consumer NOT dealing in the course of a business ("You"/"Your"/"Yourself") for the sale or the supply of goods and services, namely Golf Equipment, Apparel and Accessories ("Goods") in accordance with the Conditions. All orders are accepted by Us and are subject to the following Conditions:
1 Conditions of your use of jamgolf.com (this Website)
1.1 The contents of this Website may not be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form without our prior written consent.
1.2 The copyright in the contents of all the pages in this Website are owned by or licensed to JamGolf Retail Limited.
2 Data Protection and Privacy
2.1 All personal data relating to you collected by us from which we can identify you will be recorded electronically and only used in accordance with the Data Protection Act 2018 and the General Data Protection Regulation (GDPR) as it applies in the UK.
2.2 In completing the registration you will give us data about you which we will use for monitoring the operation of the Website, processing orders, administration and future changes to the site to improve the service provided, as well as marketing, advertising and promotional purposes. By registering you agree to the use of the data for these purposes. JamGolf Retail Limited will never share your information with third parties without your express and prior consent.
3 - Order
3.1 You may make an order via Our website https://www.jamgolf.com/.
3.2 All orders that are accepted by Us shall be subject to these Conditions and no contract shall be deemed to be in place until We have accepted Your order. An order is not accepted until Your credit/charge/debit card is processed. Your card will not be processed until We have verified that Your order can be fulfilled from stock (except for custom fit orders, which are debited when We place the order with the manufacturer). Any e-mail, on-screen receipt or other acknowledgement of Your order is merely to report that Your request has been received and does not in any way denote acceptance of Your order regardless of any wording on the e-mail or the receipt. We reserve the right, at any time prior to acceptance, to refuse any order or any part of an order, or to require further or better information to enable Us to evaluate and/or process the order. If You wish to return Goods please see Our Returns Policy - https://www.jamgolf.com/about/returns.
3.3 You will be advised if an item is out of stock. You may be offered an alternative product if one is available or You may cancel Your order.
3.4 Please note custom built products are not abled to be returned for refund.
4 - Payment and Prices
4.1 All prices are quoted in pounds Sterling and do not include cost of delivery and packaging.
4.2 Payment shall be made at the time that the order is placed. Payment may be made by major credit card and debit cards or through payment services such as PayPal, ApplyPay or GooglePay. Goods will not be dispatched until We are in receipt of cleared funds.
4.3 While every endeavour will be made to maintain prices at their present level We reserve the right to effect changes without prior notice. Prices will be as confirmed by Us when Your Order is confirmed.
4.4 We reserve the right at any time to correct clerical omissions and errors without any liability on Our part.
5 - Faulty Goods
5.1 All Goods come with a 12 month guarantee backed by the manufacturer, with the exception of Pre-owned, ex-demo or ex-display goods.
5.2 In relation to faulty Goods:
5.2.1 For purchases under 30 days old (from date of despatch by Us), We will exchange the item at Our expense. Please e-mail [email protected] for details.
5.2.2 For purchases over 30 days old (from date of despatch by Us) and less than 12 months please send back the item. We will contact the relevant manufacturer who will inspect the item and at their discretion, they will either repair, replace or return the item to You (We will return the item if We feel there is no manufacturing fault). If the manufacturer determines the item is faulty, then We will reimburse reasonable costs that were incurred when the item was returned (upon production of valid receipts).
5.2.3 We accept no responsibility for Goods not received or damaged in transit.
6 - Goods advertised
6.1 While every effort has been made to portray items accurately on Our website and other advertising materials, slight variations may occur.
6.2 All measurements quoted are approximate and the reproduction of colours is as accurate as photographic and publishing processes will reasonably allow.
6.3 Please note there may be variations in colours dependant on the calibration and settings of individual screens/prints.
7 - Limitation of liability
7.1 Subject to Conditions 8.3 and 8.4 below and save as otherwise expressly provided in these Conditions, all warranties, Conditions or other terms whether express or implied by statute or common law or otherwise are excluded or limited to the fullest extent permitted by law.
7.2 Subject to Conditions 8.3 and 8.4 and to the full extent permitted by law We exclude all liability for any loss, damage or expense howsoever suffered or incurred by You as the direct or indirect result of the Goods either not being of satisfactory or merchantable quality, or fit for any purpose, or conforming to any description and You hereby irrevocably waive all rights and/or remedies (if any) which You may have or have had in respect of such loss, damage or expense and/or in respect of any breach or default of any warranty implied by statute, equity or common law concerning the quality, fitness or description of the Goods. We shall not be liable for incidental or consequential damages for any breach hereof.
7.3 Conditions 8.1 and 8.2 do not apply where You deal as a consumer to the extent that such exclusions or limitations are not permitted by law.
7.4 Nothing in these Conditions shall limit Our liability in respect of death or personal injury caused by Our own negligence.
7.5 Save where expressly provided otherwise in these Conditions, subject to condition 8.4 Our entire liability under or in connection with:
7.5.1 any order or the Goods shall not exceed the price of the Goods.
8 - Miscellaneous
8.1 If any provision of this Agreement is held by any competent authority to be invalid or unenforceable in whole or part the validity of the other provisions of this Agreement and the remainder of the provision in question shall not be affected.
8.2 We shall not be liable to You for any delay or failure to perform any of Our obligations hereunder which is due to causes or circumstances beyond Our reasonable control, including (without limitation) acts of civil or military authority, national emergencies, fire or flood, strikes, lock-outs and other industrial disputes, acts of God, war or riots, actions or omissions of third parties.
8.3 This Agreement including the order is the complete and exclusive statement of the contractual relationship between the parties, which supersedes all prior proposals, understandings, agreements, or representations between the parties relating to this Agreement except in respect of any fraudulent misrepresentation made by either party.
8.4 We reserve the right to randomly monitor and record Our inbound and outbound calls.
8.5 No delay, neglect or forbearance on Our part in enforcing its rights against You shall be construed as a waiver or in any way prejudice any of Our rights hereunder.
8.6 Except for Our affiliates, directors, employees or representatives, a person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
8.7 This Agreement shall be governed by and construed in accordance with Guernsey law and is subject to the non-exclusive jurisdiction of the Guernsey courts in connection with any dispute arising out of or in connection with it and to which jurisdiction You irrevocably submit.
9 - Complaints
9.1 If you do have a complaint please contact JamGolf, The Golf Club @ St Pierre Park Hotel, Rohais De Haut, St Peter Port, GY11FD or call 03330 607141 or email [email protected] We welcome feedback from customers as it helps us provide a better service for our customers. We aim to deal with complaints speedily and sympathetically. All complaints are logged, investigated and replied to.