Terms & Conditions

Terms & Conditions

TERMS AND CONDITIONS OF USE This page states the terms and conditions under which you may use our Site. The Site is owned and operated by Livy Issue Limited, a company registered in Ireland with company registration number 4809190C (McGuirks Golf). Please read these terms and conditions carefully. Your use of this Site constitutes acceptance of these terms and conditions. If you do not accept the terms and conditions, then you may not use the Site. McGuirks Golf may revise these terms and conditions at any time by updating this posting. Any changes in these terms and conditions will be effective immediately when they are posted on the Site. We reserve the right, at our discretion, to change, modify, add, or remove portions of these terms and conditions at any time. You should visit this page periodically to review the terms and conditions, because they are binding on you. YOUR USE OF THE SITE McGuirks Golf authorises you to view and download a single copy of the Material (as defined below) on the Site solely for your personal, non-commercial use. The use of the Site and the Material is entirely at your own risk. Changes are periodically made to the Site and may be made at any time. The contents of the Site, such as text, graphics, images, photographs, code and other material ("Material"), are protected by copyright, trade mark and other laws in both Ireland and overseas. You must retain all copyright, trademark and other proprietary notices contained in the original Material on any copy you make of the Material. You may not reproduce, display, publicly perform, distribute, sell or modify the Material or otherwise use the Material in any way for any public or commercial purpose or otherwise in breach of these terms and conditions. In particular, the use of the Material on any other web site or in a networked computer environment for any purpose is prohibited. All trademarks, service marks, and trade names are the property of McGuirks Golf or its suppliers. The Material may contain inaccuracies or typographical errors. McGuirks Golf makes no representations about the accuracy, reliability, completeness, or timeliness of the Material or about the results to be obtained from using the Site or the Material. In particular, while McGuirks Golf makes every effort to ensure that the colour options available on the Site are representative, due to colour restraints on the web, these colours may vary depending on the browser, hardware platform and resolution of your monitor. If you violate any of these Terms, your permission to use the Material automatically terminates and you agree to immediately destroy any copies you have made of the Material. MCGUIRKS GOLF LIABILITY The following provisions set out McGuirks Golf entire liability (including any liability for the acts and omissions of its employees, agents or sub-contractors) to you in respect of: (i) any breach of the contractual obligations arising under this Agreement; and (ii) any representations, statements or tortuous act or omission (including negligence) arising under or in connection with this Agreement; (Event of Default). This Agreement does not prejudice the statutory rights, which you may enjoy if you are dealing as a consumer within the meaning of Irish law. McGuirks Golf shall have no liability to you in respect of any Event of Default unless you shall have served notice of the same upon McGuirks Golf as soon as reasonably practicable after the date on which you became aware of the circumstances giving rise to an Event of Default or the date when you ought reasonably to have become so aware. McGuirks Golf shall have 30 days from the date of such notice in which to remedy an Event of Default hereunder. McGuirks Golf shall not be liable, and shall not otherwise be deemed to be in breach of this Agreement, for any failure to perform (or delay in performing) any of its obligations hereunder caused by circumstances beyond its reasonable control. McGuirks Golf does not warrant that the Site will operate error-free or that the Site and its servers are free of computer viruses and other harmful elements. If your use of the Site or the Material results in the need for servicing or replacing equipment or data, McGuirks Golf is not responsible for those costs. The Site and Material are provided on an "as is" basis without any warranties of any kind. McGuirks Golf and its suppliers, to the fullest extent permitted by law, disclaim all conditions and warranties, express or implied including any terms as to merchantability and fitness for particular purpose. McGuirks Golf and its suppliers make no warranties about the accuracy, reliability, completeness, or timeliness of the material, services, software, text, graphics or links. In particular, McGuirks Golf does not warrant that the use of the Material by you will not infringe third party rights. DISCLAIMER OF CONSEQUENTIAL DAMAGES In no event shall McGuirks Golf, its suppliers, or any third parties mentioned at the Site be liable for any damages whatsoever (including, without limitation, incidental, special and consequential damages, lost profits, lost goodwill or damages resulting from lost data or business interruption) resulting from the use or inability to use the Site or arising from the use, repair, service or maintenance of any equipment, whether based on statute, contract, tort, or any other legal cause, and whether or not McGuirks Golf is advised of the possibility of such damages. YOUR OBLIGATIONS You agree: that any information provided by you will be true, accurate, current and complete; and confirm that you are the authorised holder of any credit/debit card you may use on the Site; to notify us immediately of any changes to any information you have submitted to the Site; and to be available for delivery and to take delivery of any products ordered by you from the Site. PRODUCT DESCRIPTION Each product is sold subject to its individual product description which may set out additional specific terms and conditions related to that product including without limitation terms and conditions concerning estimated delivery times. McGuirks Golf does not accept responsibility for inaccurate content and/or safety instructions, which are included on any products supplied. All images of product on this site are for guidance only. Prices on golf clubs relate to steel shafted models unless otherwise stated. PLACING YOUR ORDER WITH MCGUIRKS GOLF Any order made by you shall be deemed to constitute an offer to purchase While every effort is made to ensure the availability of products and to fulfil all orders, McGuirks Golf cannot guarantee the availability of any product displayed on the Site. McGuirks Golf reserves the right to discontinue the sale of any good or service listed on this Site at any time without notice. Promotional offers at McGuirks Golf retail outlets may not always be available on the Site and promotional offers listed on the Site may not always be available at McGuirks Golf retail outlets. McGuirks Golf cannot confirm the price or availability of a product until your order is received. Our goal is to maintain a completely accurate Site. In the event that price or other errors are discovered, we will promptly correct them and the amended provision will apply. McGuirks Golf reserves the right to change or amend prices or promotional offers at any time without notice. PRICES AND PAYMENT Prices are displayed in Euro. Prices are inclusive of VAT at the current rates but do not include delivery charges. These will be notified to you and applied after you select your shipping method. McGuirks Golf accepts VISA & MASTERCARD. McGuirks Golf uses SSL to securely transmit your Credit Card information to Bank of Ireland. Customer Credit Card Information is not stored by McGuirks Golf on our servers. SSL (Secure Socket Layers) is a method of transmitting information over a 128 bit encrypted link between two secure servers. McGuirks Golf server is certified secure by Thawte. DELIVERY McGuirks Golf will endeavour to have your product delivered within Five working days. All goods are physically checked by our staff prior to dispatch. We regret that at present we cannot deliver on Bank Holidays or weekends. We are unable to accept orders for delivery from outside the Republic of Ireland & Northern Ireland. While McGuirks Golf will endeavour to meet our delivery estimates, McGuirks Golf cannot guarantee delivery within these time frames and we will not accept responsibility if your order is delivered outside the five day time frame. We are not obliged to supply the goods until we have confirmed acceptance of your order and all products are supplied subject to availability. In the event that we are unable to supply any item ordered, we will inform you as soon as possible. Title to the goods will only pass when delivery is acknowledged by a valid signature from a member of your household who is 18 years or over. RETURNS AND REFUNDS McGuirks Golf will accept the return of any product, which is in its original condition and packaging and in the opinion of McGuirks Golf is re-saleable. In order to return goods, please contact the e-Store by email at sales@mcguirksgolf.com or contact our telephone Helpline (01) 8322844 quoting your order number. The courier company will then be issued with an Authorised Return Label instructing them to collect the parcel from your address and return it to the e-store. Replacement products will be charged (including delivery) until the returned product has been received in a re-saleable condition. If we agree to provide you with a refund we will instruct Bank of Ireland to credit your credit card account within 30 days of receipt of the returned product. LINKS TO AND FROM OTHER WEB SITES The Site contains links to third party Web Sites. These links are provided solely as a convenience to you and not as an endorsement by McGuirks Golf of the contents on such third party Web Sites. McGuirks Golf is not responsible for the content of linked third party sites and does not make any representations regarding the content or accuracy of materials on such third party Web Sites. If you decide to access linked third-party Web Sites, you do so at your own risk. Any disputes or questions relating to merchandise from linked sites or fulfilment or delivery thereof and its quality, suitability and fitness for purpose shall be directed to the vendors and you acknowledge that McGuirks Golf and its affiliates, related or subsidiary companies shall have no responsibility, obligations or liability in relation to such merchandise. McGuirks Golf generally welcomes the hyper-linking to the Site from other appropriate Web Sites provided such links are to the Sites homepage (and no deeper within the Site) and provided McGuirks Golf gives its consent to the establishment of such links. Notwithstanding the foregoing, McGuirks Golf reserves the absolute right to refuse to consent to such links without giving reasons. Any links to the Site from another Web Site must be presented in such a manner that the viewing of the Site is not impaired by framing or similar techniques that may impair the visitors user experience. LIMITATION OF LIABILITY The aggregate liability of McGuirks Golf to you for all claims arising from the use of the Site is limited to Euro63.49 and you acknowledge that this is a genuine pre-estimate of any loss you might suffer as a result of such a claim. INDEMNITY You agree to defend, indemnify, and hold harmless McGuirks Golf, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting whether directly or indirectly from your use of the Site or Material (including Software) or your breach of the terms of this Agreement. McGuirks Golf shall provide notice to you promptly of any such claim, suit, or preceding and shall assist you, at your expense, in defending any such claim, suit or proceeding. OUR PRIVACY POLICY McGuirks Golf respects your right to privacy. As part of the e-store facility McGuirks Golf will retain certain information including your name, address, phone numbers, e-mail address, billing address and shipping address and product selection. This information will be retained in accordance with our obligations under the Data Protection Act 1988. McGuirks Golf may use your personal data for the following purposes: to fulfil your order; if there are any queries on your order or if there is a problem with fulfilling your order; to advise you of any promotional offers that may be of interest to you; to facilitate ease of use of the Site by you so that you do not have to input all your details again should you re-visit the Site; Your information will be held by Livy Issue. If you do not wish to receive information from McGuirks Golf about our promotional offers from time to time Contact Gareth @ 01-8322844 GENERAL This Site is controlled and operated by McGuirks Golf from its location in Ireland. McGuirks Golf makes no representation that materials in the Site are appropriate or available for use in other locations. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with local laws. Any disputes, claims or proceedings arising out of or in any way relating to the Site shall be governed by the laws of Ireland. The Irish Courts shall have exclusive jurisdiction for the purpose of any proceedings arising out of or in any way relating to the Site. Without prejudice to the foregoing, McGuirks Golf may seek provisional or protective relief in the courts of another State prior to, during or after any substantive proceedings have been instituted in Ireland and McGuirks Golf may bring enforcement proceedings in another state on foot of an Irish judgement. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. This agreement constitutes the entire agreement between you and McGuirks Golf with respect to the use of the Site. McGuirks Golf may at any time and without liability modify, suspend or discontinue the Site or any Materials (or any part or specification thereof), with or without notice, for any valid technical, operational or commercial reasons. To reduce fraudulent use of customer credit cards, all orders are accepted at our discretion and are subject to various security checks. In most cases, we will ship to any convenient address but we reserve the right to decline your order if we believe this represents a security risk. On high value orders, we may also try to contact you if you fail to include a landline number.