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Tracman Custom Fitting

Terms & Conditions (Including GDPR)

Please Read Carefully

You can find our updated general terms and conditions on this page. We aim to ensure that both we and our customers are properly equipped to meet the demands of the latest EU general data protection regulation (GDPR), in this objective we have added these demands into our terms and conditions and included an FAQ on GDPR where we answer frequently asked queries with regards to personal data treatment.

This page states the terms and conditions under which you may use our Site. 

The McGuirksGolf.com website 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 updated terms and conditions. We encourage new customers to read our terms and conditions before using our site and also view our Privacy Policy to learn how we maintain and protect your personal information. 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. You should review any privacy policy posted on any site you visit before using the site or before providing your personal data.  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 online 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 Online. 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. 

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

  • Gift Vouchers
  • Trade-Ins - not permited in conjunction with any other promotions

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 

Gift vouchers can be purchased either in-store and online. All these gift vouchers including vouchers received through promotion can be redeemed both in-store and online. When you purchase a gift voucher online we will ask you to provide the recipient’s name and email address with the sole purpose of delivering the voucher. 

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

Vouchers are not available in conjunction with any promotion, sale or any discount code offer. 

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.

GENERAL DATA PROTECTION REGULATION (GDPR) FREQUENTLY ASKED QUESTIONS 

What is GDPR?

In January 2012, the European Commission (EC) in Brussels proposed a reform of the European Union’s (EU’s) 1995 data protection rules to “make Europe fit for the digital age.” New technologies and globalisation have had a profound impact on how information is collected, accessed, and used. Furthermore, the 27 EU member states interpreted and enforced the 1995 directive differently. The EC believed that having one law would eliminate this fragmentation. The result is the General Data Protection Regulation (GDPR). The overarching aim of the reform was to better protect the rights individuals have regarding their personal data.

When does GDPR take effect?

The EC states that following a 2-year post-adoption grace period, GDPR will become fully enforceable throughout the EU on May 25, 2018.

What are an organisation’s main responsibilities under GDPR?

The UK Information Commissioner’s Office (ICO) states that if an organisation processes personal data of EU residents, it is obligated to instil comprehensive, yet commensurate, means of governing that data. Processing includes collecting, storing, altering, retrieving, transmitting, using, erasing, or otherwise performing any operation on data. Practices and tools championed by the ICO (e.g., privacy impact assessments and privacy by design) are now legally required by GDPR. Consequently, organizations whose activities fall within the scope of GDPR must implement new policies and procedures to comply with GDPR. The goal of these measures is to reduce the occurrence of breaches while safeguarding personal data.

What’s the definition of “personal data” under GDPR?

Under GDPR, personal data includes any information relating to a resident of the EU, whether it regards his or her private, professional, or public life. Personal data can be anything from a name to a photo, an email address, bank details, posts on social networking websites, medical information, a computer IP address, and so on.

Article 25: Data protection by design and by default

Security must be built into the software and systems that personal data passes through, from the start, with documented standards and practices to minimise the attack surface. Article 25 specifically calls for measures to ensure that personal data is not made accessible without the individual’s intervention (including during a breach).

Article 32: Security of processing

The complex technologies involved in processing personal data present multiple potential points of entry for hackers. Article 32 expands on application security requirements with a keen focus on the ongoing confidentiality, integrity, availability, and resilience of processing systems and services. Thus, organisations must secure every piece of software that plays a role in processing personal data and regularly assess the effectiveness of the measures they’re taking to do so.

Article 35: Data protection impact assessment

Awareness is a key component of data privacy, and GDPR asserts that before processing, an organisation must conduct an impact assessment to measure the risk to data privacy and evaluate the measures and mechanisms in place to secure it. The organisation must review this assessment carefully to determine whether its security standards can evolve as the risk landscape changes. And it must regularly assess its software security posture and the risks posed by third parties with access to data at any point in the process.

Double Value Trade-In Offer 2018 T&C 

In-Store: Bring in your old golf clubs for a valuation and we’ll allow you double what they’re worth against any new 2018 golf clubs.

On-line: Email us photos of your old golf clubs for a valuation and we’ll allow you double what they’re worth against any new 2018 golf clubs.

Terms and Conditions

  • Trade-Ins are not permited in conjunction with any other promotions
  • Trade-Ins will only be accepted on any clubs listed on https://valueguide.pga.com/trade-in
  • Prices are correct at the time of going to press but may be changed without notice.
  • The trade-in price is calculated using a fixed exchange rate of $1.25 to €1.00 and then doubled. For example a product valued at $150 on https://valueguide.pga.com/trade-in/ would have an DOUBLE-UP promotion trade in price of €240. ($150 divided by $1.25 to €1.00 is €120 and then doubled to €240).
  • The PGA Value Guide price shown on the Example Valuation Table is based on an exchange rate of $1.25 to €1.00. Prices valid at time of print but subject to change.
  • Any club can be traded-in, subject to condition, against any new club on sale at McGuirks Golf stores, subject to stock and availability, provided the trade-in and purchased items are within the same category. For example, you can trade in a wood against a wood (hybrids will be classed as a wood), putter against a putter and a set of matching irons (minimum of 6 clubs) against a set of irons.
  • Iron sets must contain at least 6 matching pieces. Sets which are missing clubs or contain duplicate clubs are not considered to be a set and are therefore excluded from the DOUBLE-UP offer.
  • Customers are restricted to one item per transaction (a set of irons is one item). Multiple trade-ins against one purchase will not be accepted.
  • Any club(s) with damage or excessive wear and tear which could affect future performance, or which are considered to be unsaleable in McGuirks Golf’s opinion, will not be eligible for this offer.
  • Trade-in is against new 2018 clubs only, trade-in is not against any pre-owned clubs, ex-demo clubs or any non-club products.
  • The monetary value of the Double Value Trade-In may not exceed the value of the clubs being purchased and no change or balance will be given in any form.
  • Final valuation is subject to examination instore. Any club(s) with excessive damage which could affect future performance, or which are unsaleable in McGuirks Golf’s opinion, will not be eligible for this offer.
  • The Store/Online Manager’s decision will be final in relation to any club trade-in eligibility or valuation.
  • Trade-In is limited to 5 items maximum per customer for the duration of the promotion (a set of irons is one item).

On-line Double Value Trade-In

  • Take 3 or 4 photos of your golf club/clubs (all details should be visible) and send it to us: online.sales@mcguirksgolf.com or sales@mcguirksgolf.com
  • You will receive a FREE valuation which we will then double the value of when you buy on-line any 2018 model.
  • On the checkout level put Promo Code: DOUBLEUP2018 to confirm that you agree with and want avail of our trade-in valuation.
  • Have your trade-in club/clubs ready to be exchanged with DPD courier at time of delivery of your order (this means that you have FREE collection of your clubs).
  • We will then refund you the double up trade-in value when we receive your old club/clubs and we verify the condition of them.
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