Definitions
1.1 "Goods" means the subscription services and products (tracking cards) that the Buyer agrees to buy from the Seller;
1.2 "Buyer" means the individual or organization who buys or agrees to buy the Goods from the Seller;
1.3 "Seller" means TAPE-it-Golf.com LLC;
1.4 "Contract" means the contract between the Seller and the Buyer for the sale and purchase of Goods incorporating these Terms and Conditions;
1.5 "Terms and Conditions" means the terms and conditions of sale set out in this agreement and any special terms and conditions agreed in writing by the Seller;
1.6 "Website" means the TAPE-it-Golf.com website.
2. Conditions
2.1 These Terms and Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer and shall prevail> over any other documentation or communication from the Buyer.
2.2 Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer’s acceptance of these Terms and Conditions.
2.3 Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller or established on the website by the seller.
2.4 Any complaints should be addressed to customerservice@tape-it-golf.com
3. Ordering
3.1 All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Terms and Conditions and are subject to acceptance by the Seller. The Seller may choose not to accept an order for any reason.
3.2 Where the Goods ordered by the Buyer are not available from stock the Buyer shall be notified and given the option to either wait until the Goods are available from stock or cancel the order and receive a full refund within 30 days.
4. Price And Payment
4.1 The price of the Goods shall be that stipulated on the Website
4.2 The total purchase price, including shipping and handling charges, if any, will be displayed in the Buyer’s shopping cart prior to confirming the order.
4.3 After the order is received the Seller shall confirm by email the details, description and price for the Goods together with information on the right to cancel.
4.4 Payment of the price plus shipping and handling charges must be made in full before dispatch of the Goods.
5. Rights Of Seller
5.1 The Seller reserves the right to periodically update prices on the Website, which cannot be guaranteed for any period of time. The Seller shall make every effort to ensure prices are correct at the point at which the Buyer places an order.
5.2 The Seller reserves the right to change or withdraw any goods from the Website at any time.
5.3 The Seller shall not be liable to anyone for withdrawing any Goods from the Website or for refusing to process an order.
6. Warranty
The Seller warrants that the Goods will at the time of dispatch correspond to the description given by the Seller. All other warranties, conditions, or terms relating to fitness for purpose, merchantability or condition of the Goods, whether implied by Statute, common law or otherwise are excluded.
7. Delivery
7.1 Orders for cards will typically be delivered to the U.S. Postal system within one day of order receipt. Delivery time to the buyer should normally not exceed 7 days
7.2 Delivery of the Goods shall be made to the Buyer’s address specified in the order and the Buyer shall make all
arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
8. Cancellation And Return
8.1 The Buyer shall inspect the Goods immediately upon receipt and shall notify the Seller immediately by email at customerservice@tape-it-golf.com if the Goods are damaged or do not comply with any of the Contract. If the Buyer fails to do so the Buyer shall be deemed to have accepted the Goods.
8.2 Cancellation of a membership will results in a credit to the buyer as follows:
| Orders with promo code |
No credit |
| Card Only orders |
No credit |
| Months 1-3 of membership |
No credit |
Each 30 day period remaining
in membership after 3rd month |
$3.00/mth |
| Minimum credit is $5.00 |
9. Limitation Of Liability
9.1 In the event of any breach of these Terms and Conditions by the Seller the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the Price of the Goods and the Seller shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatever.
10. Waiver
No waiver by the Seller (whether express or implied) in enforcing any of its rights under this contract shall prejudice its rights to do so in the future.
11. Force Majeure
The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, failure of any communications, telecommunications or computer system, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Seller shall be entitled to a reasonable extension of its obligations.
12. Severance
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.
13. Changes To Terms And Conditions
The Seller shall be entitled to alter these Terms and Conditions at any time but this right shall not affect the existing Terms and Conditions accepted by the Buyer upon making a purchase.
14. Governing Law And Jurisdiction
These Terms and Conditions shall be governed by the laws of the State of Georgia, United States of America. |