| 1. |
INFORMATION ABOUT US AND HOW TO CONTACT US |
| 1.1. |
Who We Are Golfbidder Limited is a company registered in England and Wales. Our company registration number is 03853549 and our registered office is at Units 1 & 2, The Osiers Business Centre, Osiers Road, Wandsworth, London SW18 1NL. Our registered VAT number is GB 745 0628 50. |
| 1.2. |
How to Contact Us You can contact us by telephoning our customer service team at 0208 401 6901 or by writing to us at [email protected] or Golfbidder Pro, Units 1 & 2, The Osiers Business Centre, Osiers Road, Wandsworth, London SW18 1NL. |
| 1.3. |
How We May Contact You If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order. |
| 2. |
INFORMATION ABOUT US AND HOW TO CONTACT US
Definitions and Rules of Interpretation
|
| 2.1. |
Definitions
| Acceptance Period |
The period during which you may accept the Quote, as set out in clause 3.3. |
| Business Day |
A day other than a Saturday, Sunday or public holiday in England when banks in London are open for business. |
| Club |
Any golf club or set of golf clubs, including any accessories or components, which you have requested us to collect under the Pro Service. |
| Conditions |
These terms and conditions together with the Quote, form the Contract between you and us for the supply of the Pro Service. |
| Contract |
The contract between you and us for the supply of the Pro Service, comprising these terms and conditions and the Quote. |
| Default |
Your failure to comply with any obligation under the Contract, including but not limited to a failure to pay any sum due. |
| Golfbidder |
Golfbidder Limited, a company registered in England and Wales with company number 03853549 and registered office at Units 1 & 2, The Osiers Business Centre, Osiers Road, Wandsworth, London SW18 1NL. |
| Intellectual Property Rights |
cms/terms.Intellectual_Property_Rights_Description |
| Seller (or You) |
the professional golf Seller or golf club that is using our Pro Service. |
| Pro Service |
the service through which Golfbidder provides (in its discretion) a Quote and/or offer to purchase the Club(s) on the basis of these Conditions. |
| Quote |
the price that Golfbidder offers to pay the Seller for the Club(s). |
| Rating Guide |
the ratings guide, in respect of Clubs, that is published on the Site from time to time. |
| Site |
www.golfbidderpro.com
or such other website owned or operated by Golfbidder from time to time for the purpose of providing the Pro Service.
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| 3. |
OUR PRO SERVICE |
| 3.1. |
These Conditions are the terms and conditions on which We supply our Pro Service. By using our Pro Service You agree to be bound by these Conditions. |
| 3.2. |
In order to access our Pro Service You will need to create an account via our Site. Our Site allows You to input information about your Club(s). |
| 3.3. |
We will provide You with a Quote based on the information You have provided to us via the Site including the make, model and rating of the Club(s) based on our Rating Guide. The initial online Quote is strictly for information purposes only and is not a binding offer to purchase the Club(s). |
| 3.4. |
You agree not to rely on any Quote. You understand that Golfbidder’s initial online Quote may not accurately reflect the market value of your Club(s) or the price that Golfbidder is willing to pay for your Club(s) following inspection. |
| 3.5. |
Our Quote is an invitation to treat which is valid for the Acceptance Period. We will use commercially reasonable endeavours to remind You when the Acceptance Period is due to expire however, if You do not agree to our Quote before expiry of the Acceptance Period, then this Quote is no longer valid and we reserve the right to issue You with a new Quote. |
| 3.6. |
Your agreement to our Quote constitutes an offer by You to sell your Club(s) to Golfbidder at the price set out in the Quote in accordance with these Conditions. This offer cannot be withdrawn by you unless we are in breach of this Contract. |
| 4. |
GOLFBIDDER INSPECTION AND ACCEPTANCE
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| 4.1. |
We will confirm your Quote, reject the Club(s) or issue you with a revised Quote only after we have inspected the Club(s) to our satisfaction. |
| 4.2. |
If we agree that the condition of the Club(s) is consistent with the information that You have provided via our Site, then We may, in our sole discretion, issue a confirmed Quote. Subject to clause 8.3, such a confirmed Quote constitutes acceptance of your offer to sell and creates an agreement between us. Such agreement will be inclusive of these Conditions and form part of the Contract. |
| 4.3. |
If we consider that there are any discrepancies between the condition of your Club(s) and the information that You have provided via our Site, then the Club(s) will go into quarantine. Once the Club(s) are in quarantine (see clause 7 below), We reserve the right to reject the Club(s) or issue you with a revised Quote. In these circumstances We will use reasonable endeavours to issue you with a revised Quote within 10 Business Days. |
| 4.4. |
Subject to clause 8.3, the issue by us of a revised Quote constitutes a counter-offer by us. If you accept the counter offer this will create an agreement between us. Such agreement will be inclusive of these Conditions and form part of the Contract. If you reject a revised Quote then you may request that the Club(s) be returned to You at Your cost. |
| 5. |
COLLECTION AND DELIVERY |
| 5.1. |
Subject to this section 4, if You agree to our Quote Golfbidder will arrange collection of your Club(s) for delivery to our premises via our third party courier. Golfbidder reserves the right to charge you for collection. |
| 5.2. |
We may need additional information from You so that we can arrange for collection the Club(s). We may request this information as part of your submission on our Site, or otherwise contact You to ask for this information. |
| 5.3. |
It is your responsibility to package the Club(s) in a secure and protective manner and make them available for collection at the allocated collection window as communicated to You by Golfbidder or our third party courier. You are responsible for any damage caused to the Club(s) as a result of your failure to package the Club(s) in a secure and protective manner. |
| 5.4. |
If You do not give us the information we require to collect the Club(s) within a reasonable time of us asking for it, or if You give us incomplete or incorrect information, or if You miss 3 or more of the allocated collection windows we may at our discretion suspend your access to the Site, charge you for the costs of missed deliveries and make an charge for reasonable sum to compensate us for any extra administrative costs, as applicable. |
| 5.5. |
Our third party courier is responsible for the Club(s): once they have been collected from You and until they are received by Us, when you are sending Club(s) to us; and once they have been collected from Us and until delivery is completed by the third party courier, if we send Club(s) back to you Golfbidder’s liability to You for any loss or damage to the Club(s) whilst they are not in our control is limited by clause 4.3 and in any event is limited to the amount recovered by Golfbidder from our third party courier in respect of such loss or damage to the Club(s).
| 5.5.1. |
once they have been collected from You and until they are received by Us, when you are sending Club(s) to us; |
| 5.5.2. |
once they have been collected from Us and until delivery is completed by the third party courier, if we send Club(s) back to you |
Golfbidder’s liability to You for any loss or damage to the Club(s) whilst they are not in our control is limited by clause 4.3 and in any event is limited to the amount recovered by Golfbidder from our third party courier in respect of such loss or damage to the Club(s).
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| 6. |
YOUR OBLIGATIONS |
| 6.1. |
You represent and warrant when submitting information for an online Quote that all information supplied during the online valuation process is accurate, up-to-date and complete. |
| 6.2. |
In accessing our Pro Service You agree to use our Site and its content (including the Quote) (:content) solely for the purpose of selling your Club(s) via Golfbidder (the "(:purpose)"). (Content) PurposePurpose:. |
| 6.3. |
If You use our Content for any purpose outside of the Purpose, Golfbidder reserves the right to:
| 6.3.1. |
suspend or terminate access to your Golfbidder account(s); |
| 6.3.2. |
withdraw access to our Pro Service; and/or |
| 6.3.3. |
charge a reasonable fee for each unauthorised use of Golfbidder’s Content. |
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| 6.4. |
You agree to co-operate with Golfbidder in all matters relating to the Pro Services. |
| 6.5. |
You agree to provide Golfbidder with such information as We may reasonably require in order to provide the Pro Service and ensure that such information is complete and accurate. |
| 6.6. |
You represent and warrant when submitting information that the Club(s), in respect of which You have requested a Quote, are not stolen or counterfeit and that you have made all reasonable enquiries to confirm this. |
| 6.7. |
If Golfbidder’s performance of any of its obligations under the Contract is prevented or delayed by any act or omission by You, or failure by You to perform any relevant obligation (:default)(Default)
| 6.7.1. |
without limiting or affecting any other right or remedy available to us, Golfbidder shall have the right to suspend performance of the Contract; |
| 6.7.2. |
Golfbidder shall not be liable for any costs or losses sustained or incurred by You arising directly or indirectly from the Golfbidder’s failure or delay to perform any of its obligations as set out in this clause 5.7; and |
| 6.7.3. |
You shall reimburse Golfbidder on written demand for any costs or losses sustained or incurred by Golfbidder arising directly or indirectly from the Default. |
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| 7. |
PAYMENT |
| 7.1. |
Subject to this section 6, if We accept your Club(s) on inspection then We will send You a cheque, for the sum of the agreed Quote:
| 7.1.1. |
three Business Days after we receive your Club(s) for Club(s) which are consistent with the information provided by you when submitting your request for a Quote; or |
| 7.1.2. |
three Business Days after we receive your confirmation that you have accepted a revised Quote issued by us, where applicable. |
| 7.1.3. |
In cooperation with Hyperwallet PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg, we offer you the following payout options. Payout is to be made by Hyperwallet:
- Bank transfer
- PayPal transfer
General information on Hyperwallet can be found here
Your personal data is handled in accordance with applicable data protection law and in accordance with the information in the Hyperwallet privacy statement. |
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| 7.2. |
Your cheque will be sent to the address supplied by You to us during the Quote process. |
| 7.3. |
All amounts payable to You under the Contract are inclusive of amounts in respect of value added tax chargeable from time to time (VAT). |
| 7.4. |
If Golfbidder fails to make a payment due to You under the Contract within ten Business Days of receipt of your Club(s) or, in the event that the Club(s) are placed in quarantine, the acceptance by you of a revised Quote you may, expect as otherwise set out in these Conditions, terminate the agreement to sell the Club(s) to us and require that Golfbidder sends the Club(s) back to you. |
| 7.5. |
Golfbidder is under no obligation to pay You for any Club(s) if We, acting reasonably, suspect the Club(s) to be stolen, counterfeit or otherwise manufactured or obtained by illegal means. |
| 8. |
QUARANTINE |
| 8.1. |
If your Club(s) are not in the condition as described via the Site when We receive them, then the Club(s) will be held by us in quarantine. |
| 8.2. |
If the Club(s) are put into quarantine this may result in You being issued with a revised Quote. |
| 8.3. |
If the Club(s) are in an unsaleable condition then We reserve the right to retract our Quote and return the items to You at your cost. |
| 8.4. |
Golfbidder reserves to keep any Club(s) for the purpose of co-operation with law enforcement agencies if We suspect the Club(s) to be stolen, counterfeit or otherwise obtained by illegal means. |
| 9. |
LIMITATION OF LIABILITY |
| 9.1. |
Golfbidder makes no representations or warranties and assumes no responsibility or liability as to the accuracy, completeness, reliability or usefulness of any Quote. |
| 9.2. |
Our Site and Content is provided on an “as is” basis and We make no representations or warranties of any kind whether express, implied, created by law or otherwise. We make no representation or warranty that access to our Site will be uninterrupted or that the information contained on the Site will be timely, complete or free of errors. |
| 9.3. |
Golfbidder is not responsible for any Quote or communication which has been incorrectly issued by the Site. |
| 9.4. |
Nothing in the Contract limits any liability which cannot legally be limited. |
| 9.5. |
Subject to clause 8.3, the Golfbidder's total liability to You pursuant to the Contract or otherwise shall be limited to the lesser of:
| 9.5.1. |
the total value of confirmed Quotes agreed between You and Us to date; or |
| 9.5.2. |
£10,000 |
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| 9.6. |
Subject to clause 8.3, Golfbidder shall have no liability to You for:
| 9.6.1. |
loss of profits; |
| 9.6.2. |
loss of sales or business; |
| 9.6.3. |
loss of agreements or contracts; |
| 9.6.4. |
loss of anticipated savings; |
| 9.6.5. |
loss of use or corruption of software, data or information; |
| 9.6.6. |
loss of or damage to goodwill; and |
| 9.6.7. |
indirect or consequential loss. |
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| 9.7. |
Unless the Seller notifies Golfbidder that it intends to make a claim in respect of an event within the notice period, We shall have no liability for that event. The notice period for an event shall start on the day on which You became, or ought reasonably to have become, aware of the event having occurred and shall expire six months from that date. The notice must be in writing and must identify the event and the grounds for the claim in reasonable detail. |
| 9.8. |
This clause 8 shall survive termination of the Contract. |
| 10. |
TERMINATION |
| 10.1. |
Under no circumstances will any Quote provided by Golfbidder be considered a binding offer to purchase your Club(s). |
| 10.2. |
Golfbidder may terminate this Contract and/or any agreement for purchase of your Club(s) with immediate effect and without liability to You if:
| 10.2.1. |
You do not, within a reasonable time of being asked for it, provide Golfbidder with the information necessary to collect the Club(s) or make payment to You; |
| 10.2.2. |
You do not, within a reasonable time, allow Golfbidder to collect the Club(s) from You; |
| 10.2.3. |
You offer Club(s) for purchase by Golfbidder that are counterfeit, stolen or otherwise illegally obtained; or |
| 10.2.4. |
You use our Site or Content for any purpose outside of the authorised Purpose. |
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| 10.3. |
On termination you shall pay to us immediately and on demand any sums owed to us under this Contract and/or the agreement for purchase, as applicable. |
| 10.4. |
Termination shall not affect any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination, including the right to claim damages in respect of any breach of the Contract which existed at or before the date of termination. |
| 10.5. |
Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination of the Contract shall remain in full force and effect. |
| 11. |
HOW WE MAY USE YOUR PERSONAL INFORMATION |
| 11.1. |
What data is collected?We collect your personal details, including your name, address, telephone, email and payment details. |
| 11.2. |
What we use the data for. We use this data to;
| 11.2.1. |
to supply the Pro Services; |
| 11.2.2. |
to process payments to You; and |
| 11.2.3. |
if you agree to this during your use of our Site, to give you information about similar products that we provide, but you may stop receiving this at any time by contacting us. |
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| 11.3. |
When you leave, what happens to the data? Any data exported from this system for the purposes of carrying out the above service are retained for the maximum of 7 (Seven) years, or until we no longer use the service provider “Data processor”. |
| 11.4. |
Your right to withdraw. You can withdraw the right for Golfbidder Limited to process your data for the purposes as set above at any time. To do this, you must submit in writing a request to cease processing your data for the purposes of "Golfbidder” this must be sent to the Data Protection Officer, Unit E5, Barwell Business Park, Leatherhead Road, Chessington, Surrey, KT9 2NY. The written request must be signed and match the person whom originally offered consent. Where possible we will delete your data or only hold it in accordance with our retention policy, for example in connection with a current or possible claim or as otherwise required by law. If you request that we cease processing your data this may mean that we are unable to perform our contract. If that is the case, we will let you know. |
| 12. |
GENERAL |
| 12.1. |
Force majeure Neither party shall be in breach of the Contract nor liable for delay in performing, or failure to perform, any of its obligations under the Contract (including an obligation to make payment) if such delay or failure result from events, circumstances or causes beyond its reasonable control. |
| 12.2. |
Intellectual Property. All Intellectual Property Rights in or arising out of or in connection with the Pro Services, including the Site and its Content (other than Intellectual Property Rights in any materials provided by the You), shall be owned by Golfbidder. |
| 12.3. |
Assignment and other dealings.
| 12.3.1. |
Golfbidder may at any time assign, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any or all of its rights and obligations under the Contract. |
| 12.3.2. |
The Seller shall not assign, transfer, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any of its rights and obligations under the Contract. |
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| 12.4. |
Confidentiality.
| 12.4.1. |
Each party undertakes that it shall not disclose to any person any confidential information concerning the business, affairs, customers, clients or suppliers of the other party, except as permitted by clause 10.4.2. |
| 12.4.2. |
Each party may disclose the other party's confidential information:
| 12.4.2.1. |
to its employees, officers, representatives, contractors, subcontractors or advisers who need to know such information for the purposes of carrying out the party's obligations under the Contract. Each party shall ensure that its employees, officers, representatives, contractors, subcontractors or advisers to whom it discloses the other party's confidential information comply with this clause 10.4; and |
| 12.4.2.2. |
as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.
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| 12.4.3. |
Neither party shall use the other party's confidential information for any purpose other than to perform its obligations under the Contract. |
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| 12.5. |
Entire agreement.
| 12.5.1. |
The Contract constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter. |
| 12.5.2. |
These Conditions apply to the exclusion of any other terms that the Seller seeks to impose or incorporate, or which are implied by law, trade custom, practice or course of dealing. |
| 12.5.3. |
Each party acknowledges that in entering into the Contract it does not rely on, and shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in the Contract. Each party agrees that it shall have no claim for innocent or negligent misrepresentation based on any statement in the Contract. |
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| 12.6. |
Variation. Except as set out in these Conditions, no variation of the Contract shall be effective unless it is in writing and signed by the parties (or their authorised representatives). |
| 12.7. |
Waiver. A waiver of any right or remedy under the Contract or by law is only effective if given in writing and shall not be deemed a waiver of any subsequent right or remedy. A failure or delay by a party to exercise any right or remedy provided under the Contract or by law shall not constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy provided under the Contract or by law shall prevent or restrict the further exercise of that or any other right or remedy.
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| 12.8. |
Severance. If any provision or part-provision of the Contract is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of this Agreement. If any provision or part-provision of this Contract deleted under this clause 10.8 the parties shall negotiate in good faith to agree a replacement provision that, to the greatest extent possible, achieves the intended commercial result of the original provision.
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| 12.9. |
Notices.
| 12.9.1. |
Any notice or other communication given to a party under or in connection with the Contract shall be in writing and shall be delivered by hand or by pre-paid first-class post or other next working day delivery service at its registered office (if a company) or its principal place of business (in any other case); or sent by email to the address specified in your account, for notices You, or to us at [email protected], for notices to us. Any notice or communication shall be deemed to have been received:
| 12.9.1.1. |
if delivered by hand, at the time the notice is left at the proper address; |
| 12.9.1.2. |
if sent by pre-paid first class post or next working day delivery service, at 9.00 am on the second Business Day after posting; or |
| 12.9.1.3. |
if sent by email at the time of transmission, or, if this time falls outside business hours in the place of receipt, when business hours resume. In this clause 10.9.1.3, business hours means 9.00am to 5.00pm Monday to Friday on a day that is not a public holiday in the place of receipt. |
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| 12.9.2. |
This clause 10.9 does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any other method of dispute resolution. |
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| 12.10. |
Third party rights.
| 12.10.1. |
Unless it expressly states otherwise, the Contract does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract. |
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| 12.11. |
Governing law. The Contract, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by, and construed in accordance with the law of England and Wales. |
| 12.12. |
Jurisdiction. Each party irrevocably agrees that the courts of England shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Contract or its subject matter or formation. |