Welcome to www.elmergolf.com. This website provides access to allow you to, inter alia, purchase products from John Elmer Golf, hereinafter called Elmer Golf subject to the conditions set out on this page.
Please read these conditions carefully before using this website. By using www.elmergolf.com you admit that you have read, understood and agreed to these Terms & Conditions and you signify your agreement to be bound by these conditions.
These Terms and Conditions constitute an agreement between Elmer Golf and you and governs our respective rights and obligations each time you use www.elmergolf.com.
PURCHASE OF PRODUCTS AND SERVICES VIA THIS WEBSITE
Any offer to purchase products and services via this website does not constitute any guarantee that what is being purchased will be available.
An automatic response to your offer to purchase should not be construed as formal approval of your purchase. It is only once you are formally contacted by Elmer Golf that you may assume that we have accepted your offer to purchase the particular product or service, which you requested.
"COOLING-OFF PERIOD" IN TERMS OF THE ELECTRONIC COMMUNICATIONS AND TRANSACTIONS ACT 25 OF 2002
You are entitled to cancel any transaction concluded on the website without any reason and without any penalty, within 7 (seven) days after the receipt of the product. In the event that payment for the products or services has already been made prior to you exercising your right to cancel the transaction, you are entitled to a full refund of such payment, which refund will be made within 30 (thirty) day of the date of cancellation of the transaction.
FRAUDULENT ACTIVITIES
We are committed to ensuring the security of your use of the website and are entitled to investigate any loss suffered by you which is alleged to have occurred as a result of fraud via the website. Where you believe you have been a victim of a fraud, you must inform Elmer Golf immediately as soon as you become aware that a suspicious transaction has occurred on your account. In addition you must open a criminal case at your nearest police station. You will also be required to co-operate with Elmer Golf and the police in any investigation conducted into losses you suffer. We will investigate all reported cases of fraud and, provided that you have complied with the safety measures listed in this website, we will reimburse you after the investigation for any losses suffered due to fraud committed via this website.
All credit card transactions will be subject to a fraud check process. This is to ensure that both parties are protected.
PURCHASE OF CHILDREN’S GOODS AND TOYS
Elmer Golf has no intention of collecting any personally identifiable information from individuals under thirteen years of age. In the absence of evidence to the contrary, we will assume that transactions are being conducted by an adult. If this is not the case, a parent or guardian of the child should contact Elmer Golf immediately upon this coming to their attention.
DELIVERY
We will not be held liable for any loss, claims, theft or damage of whatsoever nature, to any person, arising from the delivery process and/or from the delivery of a product and/or the failure to deliver a product.
Please note that delivery estimates are not guaranteed delivery times and should not be relied upon as such. The delivery period for different products may vary depending on the type of product and the availability of the product. As we process your order, we will inform you by e-mail if any products you order turn out to be unavailable. We will not be liable for any loss or damages you may suffer if the product is not delivered within the estimated delivery times specified above.
We will not be held responsible or liable for any loss, damage or theft of the product in the event that you have provided Elmer Golf with your home physical address and you have given authorisation to a domestic worker and/or security officer to accept the product.
PRICING
Despite our best efforts, a product appearing on our website may be mispriced. We reserve the right to correct the selling price or to change the selling price of any and all products from time to time without any prior notification. All errors and omissions are specifically excluded.
PRODUCT FAULTS
Elmer Golf reserves the right to first attempt to remedy the fault, prior to considering your request for a refund.
NO REPRESENTATIONS OR WARRANTIES
While every effort is made to update the information provided on the website on a regular basis, we make no representations or warranties, whether express or implied, as to the accuracy, completeness or reliability of information contained on any of the website pages and will not be bound in any manner by such information. In this regard you are referred to the Disclaimer. In particular Elmer Golf does not warrant that this website or the server that makes it available are free of viruses, destructive code or other harmful components. You (and not Elmer Golf) assume the entire cost of all necessary servicing, repair, or correction.
Elmer Golf also does not warrant that the website, any tools such as calculators, software, information, content or online services will be error-free or will meet any particular criteria of accuracy, completeness, reliability, performance or quality. All implied warranties, including, without limitation, warranties of merchantability, title, and fitness for a particular purpose; non-infringement, compatibility, security and accuracy are hereby specifically disclaimed.
We reserve the right at any time to change or discontinue without notice, an aspect, feature or service offered on the website
PRODUCT SPECIFIC TERMS AND CONDITIONS
The following product specific Terms and Conditions will apply.
ENDING A SESSION
You must log off once you have finished using the website. If you do not do this, unauthorised transactions may result. Elmer Golf will not be liable for such unauthorised transactions.
PRIVACY
We respect your privacy and your personal information. For this reason, we have prepared a Privacy Statement to let you know how we will treat any personal information that we may have about you. We will take all reasonable measures, in accordance with our Privacy Statement, to protect your personal information and to keep it confidential.
SECURITY
Information that is transmitted over the Internet may be passed through various uncontrolled forwarding mechanisms and may therefore be intercepted. While we will take all reasonable precautions to ensure that your use of the website is secure, we cannot be liable for any loss or damage you suffer as a result of such interception or other use of the Internet.
LINKS TO THIRD PARTY WEBSITES
As a convenience to you, this website may contain links to the websites of other third party websites. If you use these websites your will leave this website. By making the links available we are not endorsing third party websites, their content, products or services they offer or the owners of these third party websites. If you decide to visit these websites, you do so at your own risk and it is your responsibility to ensure that you obtain all information relevant to making a decision and that you read the privacy and security policy on such third party websites. We will not be liable for any loss or damage you suffer, whether directly or indirectly, as a result of your use of third party websites.
EXTERNAL LINKS TO THIS WEBSITE
All links to this website must be approved in writing by Elmer Golf.
LICENCE FOR WEBSITE ACCESS
The content on our website constitutes Elmer Golf's intellectual property rights. Elmer Golf grants you a limited licence to access and make personal use of this website but not to download (other than page caching) or modify it or any portion thereof. This website or any portion thereof may not be reproduced, duplicated, copied, sold, resold, visited or otherwise exploited for any commercial purpose without the written consent of Elmer Golf. You may not use framing techniques to enclose any trademark, logo or other proprietary information of Elmer Golf or its affiliates without the written consent of Elmer Golf. You may not use any Elmer Golf trade marks without the written permission of Elmer Golf and any unauthorized use terminates the licence referred to above and any prior granted permissions.
YOUR CONDUCT
You may not use this website in any way that causes, or is likely to cause, the website or access thereto to be interrupted, damaged or impaired in any way. You must use this website only for lawful purposes. You understand that you are responsible for all content sent from your computer to Elmer Golf.
INTELLECTUAL PROPERTY RIGHTS
All content on www.elmergolf.comconstitutes the intellectual property rights of Elmer Golf, as applicable. This includes, but is not limited to, all text, graphics, logos, icons, images, audio clips, data compilations, software, trade marks, registered designs, patents (where applicable) including all applications therefore and the right to claim damages on the basis thereof.
The compilation of all the content on this website is protected by, inter alia, South African and international copyright laws.
You may not extract or utilize parts of the contents of this website (whether systematically or ad hoc) without the written permission of Elmer Golf.
NOTICES, CONFIRMATION AND STATEMENTS
You agree that Elmer Golf publishing a notice on our website, for example, by sending you a notice once you log into the website or via email, SMS or post will constitute sufficient notice to you. Should you fail to raise an objection with Elmer Golf within 24 (twenty-four) hours after we sent you a notice (including by SMS), you will be deemed to have accepted the transactions or new setting as being valid and binding in all respects.
ACCESS TO www.elmergolf.com
We will employ all reasonable methods to ensure that availability of the website will be uninterrupted. However, this cannot be guaranteed, not least because of the nature of the Internet. Your addition to the website may also be occasionally suspended or restricted to allow for repairs, maintenance or the introduction of new facilities.
MODIFICATION, SUSPENSION OR TERMINATION OF www.elmergolf.com
We may change, suspend or discontinue providing the facilities and services available of www.elmergolf.comat any time at our sole discretion.
AMENDMENTS TO THESE TERMS AND CONDITIONS
We may amend these Terms of Use from time to time. If you use the Elmer Golf website after we have posted an amended version of these Terms of Use on the website, we will be entitled to assume that you have agreed to be bound to the amended version of the Agreement.
SUBMITTING A COMPLAINT
Any complaints or queries may be directed to PO Box 328, Gillitts, 3603, South Africa.
ADDRESS FOR SERVICE
Elmer Golf chooses the following address as its address for citation, service of legal processes, execution or any other purpose connected with this agreement:
Postal Address
John Elmer Golf
PO Box 328
Gillitts
3603
South Africa
We may send you legal notices as per above and/or to any of the addresses you have specified on any of your application/registration forms with Elmer Golf or at the address you work or live.
GOVERNING LAW
These Terms of Use are subject to the laws of the Republic of South Africa and you agree to the exclusive jurisdiction of the South African courts.
MISCELLANEOUS
The headings appearing in these Terms of Use are inserted for convenience only and will not be taken into account when interpreting these Terms of Use.
References to the masculine will be interpreted as referring to the feminine, mutatis mutandis. Similarly, references to the singular will be interpreted as references to the plural, mutatis mutandis. |
