1. SCOPE OF APPLICATION
All supplies, services and offers of Seed Golf Ltd (hereinafter referred to as “SEED”) are subject to these terms and conditions, unless the parties expressly make a different agreement. The version valid at the date of the conclusion of the contract shall be authoritative.
2. CONCLUSION OF THE CONTRACT
The presentation of goods in the online shop does not represent a binding offer of SEED, but a request to you to submit such a binding offer. You can order from our online shop by clicking on the “buy now” button to purchase the goods in the shopping cart. Your order constitutes a binding offer to conclude a purchase contract with regard to the goods ordered. SEED shall confirm the receipt of your order by e-mail. This confirmation of receipt shall not constitute a binding acceptance of the order. The purchase contract shall come into effect when SEED sends you an order confirmation after the receipt of the order or ships the ordered goods to you.
3. NOT ACCEPTANCE AND CANCELLATION RIGHT
SEED expressly reserves the right to cancel your order in the following situations, without being liable for any costs or damages:
3.1. The product is temporarily out of stock (all payments will be refunded promptly after consultation with you).
3.2. Your account information is not correct or not verifiable.
3.3. The purchase price offered was incorrect.
3.4. We were not able to deliver to the address you specified.
4. DELIVERY SERVICE WITHIN THE EU
4.1. REGULAR SHIPPING
The shipping cost is a flat rate of €5.99 / order.
4.2. EXPRESS DELIVERY
The shipping cost is a flat rate of €15.99 / order.
4.3. ALL OTHER COUNTRIES:
For all other countries shipping cost is a flat rate of 29,99 € / order.
If the ordered goods despite prior conclusion of a purchase contract are not or no longer available without SEED’s fault, SEED will immediately inform you about this. In case of delay you are free to wait for the ordered goods or to cancel the contract. In case of impossibility of delivery both parties are entitled to cancel the contract. In case of cancellation your payment will be refunded immediately by SEED.
5. PAYMENT SERVICE
All quoted prices are including VAT (EU only). You can choose which way you would like to pay by credit card (Mastercard/Eurocard, Visa) or by PayPal (for more information go to www.paypal.com).
Our prices are quoted in the order confirmation and are due when the order is placed or delivered.
Right of revocation
You can revoke your contractual statement in writing within 14 days without stating reasons (e.g. by letter, fax or e-mail firstname.lastname@example.org) or, if you received the merchandise before the lapse of the above time limit, by sending it back. The time limit starts to run upon the receipt of this notice in writing, but not before the goods have reached the recipient (in the case of recurring deliveries of similar products not before you receive the first partial delivery) and also not before the fulfilment of our information obligation. The cancellation period will be deemed not to have been exceeded if the revocation or the goods are mailed in good time.
In order to not exceed the cancellation period the timely mailing of the revocation or the merchandise is sufficient.
Address the revocation to:
Seed Golf Ltd
Enterprise & Research Incubation Campus
Institute of Technology Carlow
Carlow, Co. Carlow
R93 T210 Ireland
Consequences of Revocation
In the case of an effective revocation, the mutually received performances must be returned and any derived profits (e.g. interest) must also be returned. If you cannot return to us the performance received, in part or in whole, or if you can only return it in worse condition, you are required to offer compensation of equal value. This does not apply when the deterioration of the goods occurred exclusively when examining them, as may have been possible in a retail shop. You can also avoid the obligation to pay compensation if the goods have been damaged through conventional usage, provided that you do not use the goods as if they were your property and refrain from doing anything which could reduce their value. Transportable goods should be sent back at your risk. Non-transportable goods will be collected from you. The obligations to reimburse payments must be fulfilled within 30 days. The time limit begins for you when you send your cancellation or the goods, and for us upon the receipt thereof.
End of the revocation notice
All Seed products are covered by a warranty. The statutory warranty period is two years and begins when the goods are handed over. During that time we will remedy all defects subject to the statutory warranty at no cost to you. Please report such defects immediately to the delivery personnel or to SEED. Obvious defects must be reported within 14 days from receipt of the goods. Initially, you may only claim rectification. If this fails, you may choose between rescinding the contract or a reduction of the purchase price and damage compensation, as far as the law permits. Please keep in mind, however, that normal wear is not covered by warranty. Golf balls, in particular, are subject to enormous strain. If any particular article cannot be delivered, we will send you a replacement which is equivalent with regard to quality and price (a substitute), which can also be returned within 14 days.
7.1. Customized products / logo golf balls
Unfortunately, printed customised or logo golf balls can not be returned.
Please also note that after the printing process, the printed color of the golf ball requires a drying time of up to two weeks. Only then the maximum liability of the color is achieved.
Effects caused by normal golf shots reduce the shelf life and can lead to abrasions of the print. This is normal.
You only have the right to set-off if your counterclaims have been legally established or are unquestionable.
9. RIGHT OF RESCISSION OF SEED
In the event of writing, printing or calculation errors on our website, or in our brochures, advertisements or flyers, SEED will be entitled to withdraw from contracts based on such errors.
10. RESERVATION OF OWNERSHIP
Purchases by consumers: we reserve title to the goods until full payment of the invoice amount before. Purchases by entrepreneurs in commercial or independent professional activity, legal entities under public law or public special assets: We we reserve title to the goods until all outstanding claims from the business relationship with the purchaser are compensated. The appropriate security rights are transferable.
10.2. A right of set off is only available if your counterclaims have been legally established or are undisputed or acknowledged by us. Your right of retention soley applicable if your claim is based on the same contractual relationship.
10.3. If the customer is in default of any payment, all existing debts become due immediately.
11. INFORMATION FOR REDEMPTION OF VOUCHERS / PROMOTION CODES
The redemption of vouchers / promotional codes can soley take place online in the checkout process. Vouchers cannot be used retrospectively, i.e. applied to orders already placed.
Only one voucher per order can be redeemed. Vouchers can not be combined.
12. DATA PROTECTION
We will process your personal data in connection with your order. We undertake to treat that data in confidence and not to pass it on to any third parties. Unless you notify us to the contrary, we will assume that you have no objection to receiving information about new SEED offers by post or e-mail. See here for our detailed protection of privacy guidelines.
13. APPLICABLE LAW
Irish law is exclusively applicable, to the exclusion of UN sales law. The application of the mandatory norms of the state where the customer has his/her customary place of residence at the time of the conclusion of the contract remains unaffected by this choice. If any one of the above provisions should be or become invalid, it should be replaced with a corresponding provision which is valid and comes as close as possible to the intended meaning of the parties.
14. SEVERABILITY CLAUSE
If one or more provisions of these terms and conditions are invalid or unenforceable, this shall not affect the validity of the emaining terms and conditions. The invalid or unenforceable terms shall be replaced by a terms which come closest to what economically and legally was intended by the parties to the original scheme. This also applies to any contractual loopholes.
15. ACCEPTANCE & VARIATION
By accessing or using our website (http://seedgolf.com) (the Site) you agree to be bound by these terms and conditions (Terms). If you do not agree to the Terms please exit the Site and do not proceed to access it in any way.
We reserve the right to modify, permanently or temporarily disable or discontinue any part of the Site and to alter, amend or withdraw any part of these Terms or any information or material appearing on the Site at any time, without liability or further notice to you.
Your continued use of the Site will constitute an automatic acceptance of any alteration, withdrawal or amendment made by us.
The information contained within the Site (including its coding, wording, design, graphics and logos) are owned by Seed and are protected by International copyright laws.
Seed, Play Your Game, SD-01, SD-02, SD-15 are trade marks owned by Seed, as well as all the other related trade marks and certain other service marks, graphics, slogans and logos used in connection with the sale and distribution of our products. This Site may also contain third party trade marks, service marks, slogans, graphics, and logos.
You acknowledge and agree that you are not granted any right or license with respect to our trade marks or the trade marks of any third party.
18. THIRD PARTY SITE
The Site may contain links to third party websites outside our control (Linked Sites). We take no responsibility for content contained in any Linked Sites, and do not endorse any aspect of these third party services. We cannot and do not guarantee, represent or warrant that the content contained in any Linked Site is accurate, legal, or inoffensive. Such links are provided for convenience only. You use these Linked Sites entirely at your own risk.
We do not assume any responsibility or liability for the actions, products, services and content of any Linked Site. We advise that users should carefully review each Linked Site’s privacy policies and terms and conditions of use. If you choose to purchase goods or services from a third party via a Linked Site, including one accessed from the Site, then you are entering a separate agreement with that third party, and expressly agree that we are not a party to that transaction.
You may link the Site without our consent but must not deep link the Site. Any linking by you will be entirely your responsibility and at your expense. By linking, you must not alter any of the Site’s contents including any of our intellectual property and you must not frame or reformat any of our pages, files, images, text or other materials.
19 . USERS RISK
We will use reasonable care and skill to ensure that the Site is free from defect and harmful code. Internet services are subject to interruption, break down, viruses, delays, interception, interference and other errors involving electronics, communications networks, computer systems, servers, providers, computer equipment, hardware and software.
With regard to any such device you choose to use as a means to access the Site, it is our recommendation that you maintain up-to-date anti-virus, scanning and security software designed specifically for all devices.
The Site is delivered on an “as is” and “as available” basis. Accordingly, we do not warrant that the Site will be error-free or uninterrupted.
Whilst all due care has been taken in providing the information on the Site, we do not provide any warranty either express or implied, including without limitation, warranties of title or implied warranties of merchantability or fitness for a particular purpose.
To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded.
All due care is taken in ensuring that the Site is free of any virus, worm, Trojan horse and/or malware, however we are not responsible for any damage to your computer system or device which arises in connection with your use of the Site or any Linked Site.
From time to time we may host third party content on the Site such as advertisements and endorsements. Responsibility for the content of such material rests with those third parties and we are not responsible for any errors or omissions in such material or any damage caused either directly or indirectly by that material.
We will not be liable to you or any other party for damages of any kind arising from your use of the Site.
You will at all times indemnify us and keep us indemnified (including each of our officers, employees and agents) from and against any loss, damage or costs (including reasonable legal costs and expenses) arising from any claim, demand, suit, action or proceeding by any person against us where such loss, cost or damage arose out of or in connection with whether directly or indirectly, your use of the Site or your breach of these Terms.
22. COMPANY IDENTIFICATION
Seed Golf Ltd
Enterprise and Research Incubation Campus
Institute of Technology Carlow
Carlow, Co. Carlow
R93 T210 Ireland