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McGuirks Blog 2016

Terms & Conditions

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 SECURITY POLICY

From time to time we may perform additional security checks to orders made with us to ensure that validity of the order. During this process we will contact the customer to confirm card details, billing address and other relevant security checks that we may implement. Failure to comply with these checks may result in the order being cancelled.

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.

PRICES AND PAYMENT

Prices are displayed in Euro and Sterling. 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. In the unlikely event of a product being mispriced we cannot guarantee that orders for the particular item will be honoured.

McGuirks Golf accepts VISA, MASTERCARD & LASER. 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.

CANCELLATION POLICY

If you've received your order and have simply changed your mind about purchasing them, you may cancel your order for a full refund, subject to the following conditions:

  • The goods are returned in a brand new unused condition.
  • You inform us via email of your wish to cancel within seven working days, starting the day after delivery.
  • The ordered goods are not made or modified to your specification or clearly personalised.
  • You arrange for safe return delivery at your cost. You will be given the address after you contact us, see below.
  • Goods must be returned within 30 days. You are responsible for returning the goods with original packaging.
  • If returned goods are refused by McGuirks Golf because the above criteria is not met, you will be asked to pay for return carriage back to you.

DELIVERY POLICY

McGuirks Golf will endeavour to have your Order delivered to you within the next working days from the order date but from time to time and during busy periods please allow up to 10 Working Days. All Orders will be dispatched using An Post Delivery Service. For Security reasons all orders must be signed for upon delivery. A full tracking service is available upon request.

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.

SALE ITEMS

Due to the high demand for our sale items In-Store and On-Line it is possible that the product ordered may not be available. McGuirks Golf are committed to try and source the same product or similar if available from our suppliers or other stores. We apologise if this results in your Order being Cancelled. 

PROMOTIONAL CAMPAIGNS

From time to time McGuirks Golf will offer promotional discount codes to our registered users for use either In-Store or On-Line. These offers may be withdrawn at any time during the campaign and are not applicable to items that have already been discounted. Some items may be excluded from Promotional offers.

EXCLUSIONS FROM SALE

Due to manufacturers trading policies we are not permited to offer discounts on any of the following brands and products:

  • Galvin Green - all products
  • Motocaddy - all products
  • Golf Buddy - all products
  • Ping - all hardwear
  • Titleist - Pro V1 golf balls
  • Powakaddy trolleys

All rainwear/waterproof clothing are excluded from clothing promotions/offers.

PROMOTIONAL CODES AND DISCOUNTS

The use of promotional codes and discount coupons is not available when used in conjunction with any Sale, Sale Offers or Promotions unless specified by McGuirks Golf.

EXCLUSIONS FROM PROMOTIONAL CODES AND DISCOUNTS

  • Electric Trolleys
  • Golf Balls
  • Tennis Rackets

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.

GOLF GIFT VOUCHERS

Any Golf Gift Vouchers received through online order or promotion must be redeemed in store only (not online). 

Any Gift Voucher from product purchased will be invalid in case of product return.

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.

PRE-ORDER ITEMS

When a new product becomes available to the market we can offer a Pre-Order facility offering the customer the option to reserve their specification of product before it becomes available. For all Pre-Orders priority will be given from new stock to these customers as soon as they reach our stores before they reach the shop floor for general sale.

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