WEBSITE TERMS AND CONDITIONS
This website is operated by Malbon Golf, 800 N. Fairfax Avenue, Los Angeles CA 90046. Throughout the site, the terms “we”, “us” and “our” refer to MalbonGolf.com. MalbonGolf.com offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our service and agree to be bound by the following terms and conditions (“Terms and Conditions”). These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. Enquiries about these Terms of Service should be sent to CustomerService@MalbonGolf.
These Terms and Conditions govern the supply by us of any Product ordered by you on the Site. By agreeing to order a Product, you agree to be legally bound by these Terms and Conditions.
In these Terms and Conditions:
“Account” means the account that you will need to register for on the Site if you would like to submit an Order on the Site;
“Confirmation of Order” means our email to you;
“Customer” means individual who places an Order on the Site;
“Order” means the order submitted by you to the Site to purchase a Product from us;
“Product” means the goods or services provided on the Site;
“you” means the Customer who places an Order;
To place an order with us you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. You may not use our Product for any illegal or unauthorised purpose nor may you, in the use of the Product, violate any laws in your jurisdiction (including but not limited to copyright laws).
These Terms and Conditions apply to all Orders made or to be made by us for the sale and supply of Products. When you submit an Order to us, give any delivery instruction or accept delivery of the Products, this shall in any event constitute your unqualified acceptance of these Terms and Conditions.
Nothing in these Terms and Conditions affects your statutory rights under any laws.
These Terms and Conditions shall prevail over any separate terms put forward by you. Any conditions that you submit, propose or stipulate in whatever form and at whatever time, whether in writing, by email or orally, are expressly waived and excluded. No other terms or changes to the Terms and Conditions shall be binding unless agreed by us in writing.
We shall not be obliged to supply the Product to you until we have accepted your Order. Unless expressly stating that we accept your order, an email, letter, fax or other acknowledgement of your Order by us is purely for information purposes and does not constitute the acceptance of Order. We may give you an Order reference number and details of the Product you have ordered and may at our discretion refuse to accept an Order from you for any reason, including unavailability of supplies or we may offer you an alternative Product (in which case we may require you to re-submit your Order).
We may cancel an Order if the Product is not available for any reason and we will notify you if this is the case and return any payment that you have made. We will usually refund any money received from you using the same method originally used by you to pay for the Product.
You must pay for the Product in full at the time of ordering by supplying us with your credit or debit card details from a credit or debit card company acceptable to us. You may also pay by any other method that we have represented that is acceptable to us, but in any event we shall not be bound to supply the Product before we have received cleared funds in full.
If you are asked for details of a payment card, you must be fully entitled to use that card or account. The card or account must have sufficient funds to cover the proposed payment to us. You undertake and warrant that all details you provide to us for the purpose of purchasing the Product from us will be correct, that the credit or debit card, or account or other payment method which you use is your own and that there are sufficient funds or credit facilities to cover the cost of the Product. We reserve the right to obtain validation of your payment details before providing you with the Product.
When you submit an Order to the Site, you agree that you do so subject to these Terms and Conditions current at the date you submit your Order. You are responsible for reviewing the latest Terms and Conditions each time you submit your Order.
We aim to deliver the Product to you at the place of delivery requested by you in your Order.
We aim to deliver within the time indicated by us at the time of your Order but we cannot promise an exact date of delivery when you submit your Order. We always aim to deliver within a reasonable time from the date of any Order which we accept but we cannot guarantee any exact delivery dates.
We shall use our reasonable endeavours to contact you if we expect that we are unable to meet our estimated delivery date, but, to the extent permitted by law, we shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery.
On delivery of the Product, you may be required to sign for delivery. You agree to inspect the Product for any obvious faults, defects or damage before you sign for delivery.
We deliver in our standard packaging. Any special packaging requested by you is subject to additional charges.
All risk in the Product shall pass to you upon delivery. From the time when risk passes to you, we will not be liable for loss or destruction of the Product.
You must take care when opening the Product so as not to damage it, particularly when using any sharp instruments.
We warrant that: the Product will be delivered undamaged in the quantities ordered; and the Product will conform with the description as set out on the at the time of your Order.
Before delivery, we may make minor adjustments to material, colour, weight, measurements, design and other features to the extent that they are reasonable. We will use our reasonable endevours to ensure the Product is delivered in acceptable condition.
In order to provide you with any remedies for a faulty Product, we may need your assistance and prompt provision of certain information regarding the Product, including: you specifying with reasonable detail the way in which it is alleged that the Product is damaged or defective; and you providing us with any information as we reasonably require.
If you would like us to replace or provide a refund for the Product where it did conform to the Order and we (at our sole discretion) determine that the Product has: been misused, abused or subjected to neglect; been involved in any accident or damage caused by an incorrect attempt at use; or been dealt with or used contrary to its ordinary use; we may decide not to replace or refund you for the Product and we may require you to pay all reasonable carriage costs and servicing costs. To the extent permitted by law, we shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses as a result.
Limitation of Liability
You acknowledge and agree that we limit our liability in respect of all claims, at our option, to: the supply of the Product again; or the payment of the cost of having the Product supplied again.
You agree that our total aggregate liability for all claims relating to the Product is limited to the US$100.00. You agree to indemnify us in relation to all claims, actions, liabilities, costs and expenses (including legal costs on a full indemnity basis) resulting from any defective Product.
To the full extent permitted by law, we exclude all representations or terms (whether express or implied) other than those expressly set out on the Site and these Terms and Conditions.
We shall not be liable to you for any breach, hindrance or delay in the performance of an Order attributable to any cause beyond our reasonable control, including without limitation any natural disaster, unavoidable incidents and actions of third parties regardless of whether the circumstances in question could have been foreseen.
We may cancel an Order by written notice to you.
No failure or delay by us in exercising any right under these Terms and Conditions shall operate as a waiver of such right or extend to or affect any other or subsequent event or impair any rights or remedies in respect of it or in any way modify or diminish our rights under these Terms and Conditions.
If a provision of these Terms and Conditions is invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.
Nothing in these Terms and Conditions shall create or be deemed to create a partnership, an agency or a relationship of employer and employee between you and us.
No person who is not a party to these Terms and Conditions or an Order shall acquire any rights under it or be entitled to benefit from any of its terms even if that person has relied on any such term or has indicated to any party to these Terms and Conditions or that Order its assent to any such term.
These Terms and Conditions and Order shall be governed and construed in accordance with the laws of the State of California. You hereby agree to submit to the non-exclusive jurisdiction of the courts of the State of California.