General Terms and Conditions
Purchases
The eagolfonline.com website (referred to below as “EAGolf") is operated by EAGolf Holdings Ltd, a company registered and governed by Uganda Law. Our registered address is: po BOX 133422, Kampala, Uganda. As a user of this website (referred to below as "you/your"), you acknowledge that any use of this website, including any transactions you make (referred to below as "use/using" this website) are subject to our terms and conditions below. We encourage new customers to read our terms and conditions before using this site, or take the option of printing a copy for future reference, and also view our Privacy policy to learn more about how we protect your personal information.
1. General
1.1
We reserve the right to change these terms and conditions at any time. Any such changes will take effect when posted on the website (see date at the bottom) and it is your responsibility to read the terms and conditions on each occasion you use this website and your continued use of the website shall signify your acceptance to be bound by the latest terms and conditions.
1.2
If you are purchasing on behalf of a business, you confirm that you have authority to bind said business on whose behalf you act, in using this website.
2. Order Process
2.1
Please see How To Shop section for information on how to place an order. All orders that you place on this website will be subject to acceptance in accordance with these terms and conditions.
2.2
The 'confirmation' stage sets out the final details of your order. Following this, we will send to you an order acknowledgement email, letting you know that your order had been received, stock is being re-checked and that we intend to process a payment from you. Please note that this email is not an order confirmation or order acceptance from EAGolf.
2.3
Acceptance of your order, and the completion of the contract between you and us, will take place on dispatch of the products ordered from us to you, unless we have notified you that we do not accept your order, or you have cancelled it (please refer to our Guarantees and Returns Policy).
Please note: To avoid any doubt a full payment is required ahead of dispatch and collection of any goods. This is to enable us to start processing your order, for example - stock allocation, card validity and security checks, picking and packing your order, and finally make it available for collection.
2.4
We do not file details of your order for you to subsequently access direct on this website, and therefore, please print out these terms and conditions and the order acknowledgement for your own records. If you wish to obtain specific details of your previous orders please Contact Us.
3. Delivery
3.1
Please note that delivery times stated are accurate, and not guaranteed. This is because EAGolf use the national postal service (Royal Mail) and a range of third party couriers like Interlink, DHL, GeoPost, DPD, Parcelforce etc to deliver products to your home or work. As such, factors that influence the ability of these companies to be on time, also affect us, and occasionally you. Previous examples include extreme weather conditions, or staff strikes or parcel sorting error at depot or when the doors are not answered within a reasonable time etc. We work closely with all of our delivery partners to ensure that such occurrences are rare and make a minimal impact on our customers. In all cases we cannot be held responsible or liable for any delays in delivery. Where an express shipping charge was paid at time of ordering and the delivery has failed to arrive within the promised time, we will of course review the case and decide to refund this shipping amount paid on a case by case basis.
3.2
Delivery charges and estimated timescales are specified in Shipping section, and also when you place an order. We make every effort to deliver goods within the estimated timescales, however delays are occasionally inevitable due to unforeseen factors affecting us or the third-party couriers we use. EAGolf shall be under no liability for any delay, or failure, to deliver the products within estimated timescales.
3.3
Once a tracking number has been emailed to you (a copy is also available online in your account section), it is your responsibility to monitor and track the status of your parcel. If you notice any problems, such as Address Not Found, Failed Delivery, Recipient Absent, etc., be sure to get in touch with us immediately to assist you with the resolution. If your order has failed delivery within seven days of the promised delivery date, we kindly ask you to report this immediately. Please note that it is your responsibility to track your order once tracking details are provided (generally via email or SMS). Failure to report any delivery failures within seven days of the expected delivery date will mean that we are no longer in a position to claim a loss from the respective courier. To avoid all doubt, EAGolf is not responsible for any loss of goods when you have failed to report a failed delivery or missing items within seven days of the expected date of delivery.
Failed-delivery parcels will be returned to us. Therefore, it is your responsibility to contact us in good time to advise us of this situation to stop any return. All return costs or charges would have to be covered by you.
3.4
If the package has not been accepted, or rejected outside the valid reasons stated in 3.3, during delivery, the respective courier will make a return charge to EAGolf. This charge will be required to be paid before processing a re-delivery, or will be retained if order has been cancelled.
3.5
In the event where deliveries have failed due to incorrect address specified or if no one is available to accept delivery at time when courier attempts to deliver goods, the courier will hold the goods at their depot for a small period of time (anytime between 3-5 days). If a card has been left by the courier requesting you to contact them, you are requested to contact them to arrange a re-delivery at same address at a suitable time. Failure to do so quickly (normally within 2 working days) may cause the parcel to be returned back to us. Although every effort is made to ensure goods are delivered to you in good time and at the address specified, certain circumstances may fail deliveries (for e.g. unable to find address or no one to accept parcel etc). In order to solve such problems during delivery or if you wish to advise us of a change of delivery address after goods have been shipped, you are requested to info@eagolfonline.com. Normally a charge is incurred for amendments of delivery addresses, which can be accepted by yourself or you may simply arrange to collect the goods from the courier depot where possible without any charges. Failure to do so or if you advise a change of address directly with the courier without notifying us will incur an additional charge which will be passed on to you unless we have already authorised this change with the courier.
3.6
Upon delivery it is your responsibility to check your package and its contents thoroughly. If you notice any signs of security tape damage, theft or attempt for theft, damage of goods or any unacceptable condition of the package and its contents you are requested not to accept the package. If you are willing to accept the package then you are requested to sign on the delivery note what you have noticed for e.g. Goods Damaged or Theft Attempt etc. Please note: failure to comply with these terms will prevent you making any claims against the above conditions and credit will not be issued.
3.7
Risk of loss and damage to products is passed on to you on the date when the products are delivered, or on the date of first attempted delivery by our delivery agents. Please note that in cases where there has been lack of cooperation after our first delivery attempt to collect from a local depot or neighbour or failure to arrange a redelivery, EAGolf will block accounts and put additional security measures to prevent further risk of this nature.
3.8
EAGolf reserves the right to withdraw delivery to you for whatever reason. There could be a number of reasons for example: failure to deliver by courier on multiple attempts, customer unwilling to compromise or is unreasonable in his/her demands, or failure to work with us in a professional and fair manner to resolve failures etc. In such cases we will call the parcel back to our depot and a courier will return it back to us. A full refund will be issued, but only once the goods have been returned back to us or 28 days from the date of withdrawal whichever is sooner, or when the goods have been confirmed to be lost or stolen by the delivery agent. Please note: In order to protect our customers, wider community, partners and other third-party service providers we reserve the right to immediately terminate: trading, stop, cancel any existing and/or pending orders, and/or put any additional measures to prevent our services being offered in future to those individuals who are in breach of this contract.
3.9
When goods are requested to be left outside (since the COVID-19 pandemic all deliveries are now contact-free), any loss, damage or theft of the goods are passed on to you. This means that EAGolf will under no circumstance accept any claims for loss, theft or damage once goods are delivered. It remains your responsibility to provide us with a secured delivery address or premise in order to avoid such cases. We will of course pass on any such reported cases back to the courier and will advise you if they can provide any evidence of delivery, or if there is any appetite for them to accept a claim in very special cases.
3.10
Packaging: As explained in our Environmental Policy, we avoid waste as much as possible. Therefore, we use the manufacturer's original boxes as long as the packaging is sufficient to protect the item in transit. We use this approach on all things with a solid outer box except for gadgets.Kindly please note that if you prefer your articles not to be visible at the time of delivery or your order is a gift purchase, please enter the following ORDER comments during checkout: "USE OUTER BOX or WRAP PACKAGING to hide contents."
4. Payments
4.1
Prior to taking payment from your card, we implement a card and stock verification process, to ensure that the request for goods is genuine and that we have confirmed stock availability. All goods are subject to availability. In the event that we are unable to supply the goods, we will inform you of this as soon as possible. A full refund will be given where you have already paid for the goods and if no goods have been already dispatched. Refund of payment does not apply to personalised, custom-made or custom fitted goods.
4.2
While we try and ensure that all prices on our website are accurate, errors may occur. If we discover an error in the price of goods you have ordered we will inform you as soon as possible and give you the option of reconfirming your order at the correct price, or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel, and you have already paid for the goods, you will receive a full refund.
4.3
Payment can be made by any method specified in Payment Methods. For information about secure online ordering see Privacy. If you are having trouble making a payment please contact us.
Please note:
We cannot hold or reserve goods without a full payment.
All electronic payments (online card, mobile money, PayPal, ApplePay, GooglePay, AmazonPay etc.) will remain under a 'Pending state' when we receive your order. When the order is ready for processing we will request the bank to release the payment. The amount charged at this stage will be the final amount debited from your payment method, in case there was a change request on the order total. If payment fails at this stage, we will automatically inform you about this with a new payment request via email. Kindly please arrange to complete this payment request as soon as possible so we can process or dispatch your order.
If we do not receive this payment within a reasonable time, we will automatically cancel your order to free up all allocated goods. If this happens, you can place a new order or contact us to re-instate the original order, provided the goods are still available.
4.4
All prices include VAT (where applicable) at the applicable current rates but exclude delivery charges, unless expressly stated. For further details, including Express delivery charges, see Shipping.
4.5
Please note the VAT rate shown is local to the Uganda. This rate (and the final price you pay) may change if your order is being shipped to another country, as we may be obliged to charge VAT at the local rate in your country of destination.
Our Returns policy is located here: https://nambaxy.wixsite.com/website-3/copy-of-general-terms-conditions-pu
5.1
We offer a 30 day money back guarantee, please refer to Guarantees and Returns Policy. Some products are excluded from the 30 Day Money Back Guarantee. These would normally include personalised products and more information is available in the Distance Selling Regulations Section (see link in 5.2). In addition, all EAGolf products are guaranteed against manufacturing defects for a maximum of 12 months. Your statutory rights are unaffected. We do not offer extended warranties on products that we sell. However some manufacturers may give you an opportunity to extend warranty on their products by way of registration with them. In such cases EAGolf are not responsible to manage or handle claims after the initial 12 month warranty. You will have to sign-up and make claims directly with the manufacturer in these instances.
5.2
Sometimes the product specifications from the manufacturer may change, in which case we will do our best to offer you a substitute of the same or better quality at the same price. If you are not happy with the replacement you can return it in accordance with our 30 day money back guarantee. Where applicable, you may cancel your order in accordance with your rights under the Distance Selling Regulations (see the Guarantees and Returns Policy page for further details). Please note any courier charges will be retained where the fault has not been or resulted from EAGolf.
5.3
All sizes and measurements are approximate. We strive to describe dimensions as accurately as possible, but fit variances can occur from person to person.
5.4
Please note that faulty or defective items highlighted to us after the 30 Day Money Back Guarantee time will not be eligible for a refund. EAGolf will replace or exchange all faulty products in accordance with the manufacturer’s warranty. If the identical size or model is no longer available then we will exchange for an equivalent make/model or offer you credit vouchers which can be used to purchase products from our website. See section 5.7 for information on how guarantees work on returned products.
5.5
If you receive goods that you feel are not as stated, do not satisfy your requirements, or are not up to your standards (for example, superficial marks on packaging or product, dust etc) we are happy to offer a refund on the value of the goods. To claim your refund you must advise us of this within 30 days of delivery, and ensure we receive your goods back in the original condition they arrived in. Please note that all delivery costs already incurred will be retained before passing refund.
5.6
Although every effort is made in checking all goods before dispatch, on very rare occasions we may mistakenly ship an incorrect product, or one with a fault we did not catch due to the level of packaging that comes with new products. If this has happened to you, we apologise in advance and request your co-operation in helping us resolve this.
Once an incorrect or faulty delivery has been received it is your responsibility to complete the online returns procedure (after which further instructions will be emailed back to you) or to advise us of the faulty delivery within 7 working days after delivery. Once a return-request has been accepted, you are requested to send goods back to us (via your local post-office or courier based on which is the most cost-effective). The return-shipping cost incurred to you will be settled in the form of a refund or credit vouchers only for the value of the shipping amount that you paid at time of ordering (as similarly operated when returned in-store). If the cost of sending goods back to us is unreasonably high, then we request that you to contact us so that we may offer our resources in getting the product back to us in a more cost effective manor. In some circumstances we may arrange a collection from your address, once a collection charge has been accepted by yourself (available only within mainland U.K.).
5.7
Although we stock the best quality products, sometimes faults may be discovered after purchase. EAGolf offer a guarantee against manufacturer faults for a maximum of 1 year from the date of first delivery. Faulty products are required to be sent back for fault examination. If a genuine manufacturer fault is established, we will send the replacement that may be either repaired or exchanged to the SAME DELIVERY ADDRESS (in some cases we may be able to deliver to an alternative address as long as the return shipping cost is the same, or we can provide you a quote for the shipping cost to an alternative address if required). If an identical replacement is not available, we will offer an alternative product of similar value. However if for any reason you are not happy to take the replacement, we will offer you an E-voucher that may be used to purchase goods from our website. To avoid doubt, all products exchanged, swapped, or purchased with an E-voucher (only applies to vouchers issued from a return), will be guaranteed for only the balance of the initial 12 month period.
On nearly all occasions we will try and resolve all fault claims to favour our customers' requests and best interest within reason.
5.8
All electric trolleys purchased from our website are covered by warranty only within the Uganda. Therefore if these products experience any defects or problems during operation whilst outside the Uganda, they will have to be sent back to us at your own cost where we will assess the problem and arrange for it to be fixed or replaced within the warranty period. A reshipping cost will be required for items to be shipped back out to you, which will be agreed prior dispatch.
5.9
Most manufacturers will void the product warranty if it has been altered in any way. For example if the shaft of the club has been altered, or if the product has been altered without our consent. Due to the high technical nature of golf clubs, most manufacturers will only cover you against manufacturer defects if they have been customised by the manufacturer or through EAGolf. In our experience, we have found that use of unauthorised fitting centres or inexperienced club-fitters could result in a poor quality product, and therefore more likely to attain a defect.
6. Liability and Indemnity
6.1
Nothing in these terms and conditions excludes or limits liability for death or personal injury caused by negligence, fraudulent misrepresentation, or any other liability which may not otherwise be limited, or excluded under applicable law.
6.2
Subject to Section 6.1 above, EAGolf will use reasonable endeavours to verify the accuracy of any information on the site but makes no representation or warranty of any kind express or implied statutory or otherwise regarding the contents or availability of the site or that it will be timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the website. EAGolf will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the website and EAGolf accepts no liability of any kind for any loss or damage from action taken or taken in reliance on material or information contained on the site.
6.3
Subject to Section 6.1 above, other than as expressly provided in these terms and conditions with respect to specific products and except for the exclusive remedies set out at Section 5 above, any indemnities, warranties, terms and conditions (whether express or implied) are hereby excluded to the fullest extent permitted under applicable law.
6.4
Subject to Section 6.1 above, EAGolf will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent on negligent misrepresentations) or otherwise out of or in connection with the terms and conditions for any:
-
economic losses (including without limitation loss of revenues, data, profits, contracts, business or anticipated savings); or
-
economic losses (including without limitation loss of revenues, data, profits, contracts, business or anticipated savings); or
-
loss due to currency exchange-rate fluctuations (we take payment in British Sterling Pounds GBP and currency exchange rates fluctuate constantly in which case we cannot be held liable for loss of value in foreign currency during payment authorisations and refunds as value will remain the same in GBP Sterling Pounds ); or
-
loss of goodwill or reputation; or
-
special or indirect losses
suffered or incurred by that party arising out of, or in connection with, the provisions of any matter under these terms and conditions.
6.5
Notwithstanding the above, subject to Section 6.1 EAGolf's aggregate liability (whether in contract, tort or otherwise) for loss or damage shall in any event be limited to a sum equal to the amount paid or payable by you for the product(s) in respect of one incident or series of incidents attributable to the same clause.
6.6
This clause 6 does not affect your statutory rights as a consumer, nor does it affect your contract cancellation rights.
6.7
We will take all reasonable precautions to keep the details of your order and payment secure, but, unless we are negligent, we cannot be held liable for any losses caused as a result of unauthorised access to information provided by you.
7. Miscellaneous Provisions
7.1
The contract between us shall be governed by the laws of Uganda and any dispute between us will be resolved exclusively in the courts of Uganda. English is the only language offered for the conclusion of the contract.
7.2
We have selected our products on the basis that they will be used for domestic use only. If you are planning to use them for business purposes please make sure that you are covered by appropriate insurance.
7.3
EAGolf shall be under no liability for any delay or failure to deliver products, or otherwise perform any obligation as specified in these terms and conditions, if the same is wholly or partly caused whether directly or indirectly by circumstances beyond its reasonable control.
7.4
To provide increased value to our customers, we may provide links to other websites or resources for you to access at your sole discretion. You acknowledge and agree that, as you have chosen to enter the linked website we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for (i) the privacy practises of such websites, (ii) the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources or (iii) the use to which others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources.
7.5
You may not assign or sub-contract any of your rights or obligations under these terms and conditions or any related order for products to any third party unless agreed upon in writing by EAGolf.
7.6
EAGolf reserves the right to transfer, assign or sub-contract the benefit of the whole or part of any of its rights or obligations under these terms and conditions or any related contract to any third party.
7.7
If any portion of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity or enforceability of the other sections of these terms and conditions shall not be affected.
7.8
These terms and conditions do not create or confer any rights or benefits enforceable by any person that is not a party (within the meaning of the U.K. Contracts (Rights of Third Parties) Act 1999) except:
a) a person who is a permitted successor or assignees under Section 7.7 above of the rights or benefits of these terms and conditions may enforce such rights or benefits.
b) No consent from the persons referred to in Section 7.8 is required for the parties to vary or rescind these terms and conditions (whether or not in any way that varies or extinguishes rights or benefits in favour of such third parties).
7.9
No delay or failure by EAGolf to exercise any powers, rights or remedies under these terms and conditions will operate as a waiver of them nor will any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them. Any waiver to be effective must be in writing and signed by an authorised representative of EAGolf.
7.10
These terms and conditions including the documents or other sources referred to in these terms and conditions supersede all prior representations, understandings and agreements between you and EAGolf relating to the use of this website (including the order of products) and sets forth the entire agreement and understanding between you and EAGolf for your use of this website
7.11
At EAGolf we believe in building a strong and sustainable community that works for all our customers. In order for us to continue providing the best possible services we require a good partnership and cooperation from our customers. We therefore reserve the right to terminate and/or suspend any account without any notice. In such cases all existing contracts or obligations will be met.
Examples of such cases include violations to our guidelines including but not exclusive to: abuse of our services, threats or abuse made towards our staff, delivery partners can no longer offer services to an address or postcode, false delivery discrepancies reported, fraud or insecure addresses provided, invalid/unjustified and/or false claims made against our company.
We never take these decisions lightly and we take action only when appropriate to protect the experience for all our customers. If you believe we’ve made an error, we encourage you to contact us directly so we can review the account and take appropriate action.
7.12
Our services are designed for the majority of the community, however on rare occasions we do find cases where it is unsustainable for us to continue providing our services in a cost-effective manner. Such cases include accounts with extremely high return rates, who take advantage of our FREE SHIPPING services. We are now working with industry leading logistic and technology partners who assist us in detecting such cases and accounts. In such cases our team will write to you by email ahead of accepting your order about certain restrictions and/or additional shipping costs that may be required in order for us to continue offering our services and accepting your orders. This is to protect the majority of our customers from higher costs and lower service standards. You will have a choice to decline our offer and cancel the order. Your statutory rights are unaffected.
8. Competition Rules & Terms
TBD
9. Coupons and Promotional Codes Terms
9.1
Coupons, discounts and promotional codes offered by EAGolf are valid only for use as part of a purchase made via the EAGolf website or at our flagship store, unless otherwise stated.
9.2
Promotional codes cannot be used in conjunction with any other offers in the same transaction or for the purchase of Gift Vouchers.
9.3
Discounts associated with promotional codes or coupons will be applied to your entire basket, or any valid items, excluding all delivery charges. Promotional codes need to be entered on the payment page during checkout for the discount to be applied, unless otherwise stated.
9.4
Each promotional code or coupon comes with a limited time period during which the code will be valid for use. Once this time period is over, the coupon or promotional code will become invalid or expire. Specific T&Cs relating to discount codes can be found in the communication where you first received the code. Brand exemptions for certain coupons can also be found there (i.e. X% off your purchase, excluding Galvin Green, Nike, etc). If there is any confusion please contact a member of the EAGolf Team who will be able to assist you further.
9.5
Promotional codes and coupons carry no cash value. They cannot be transferred, forwarded or reassigned.
9.6
When returning an item(s) you purchased using a coupon or promotional code, you will be refunded no more than the original value you paid at your final basket less any delivery/shipping charges. All discounts and coupons applied will be taken into account during the refund process.
9.7 EAGolf reserves the right to suspend, change, cancel or withdraw from any coupon or promotional code at any time. EAGolf is authorised to update these terms as and when we see fit. We recommend you review our Terms and Conditions policy regularly to ensure you are aware of any changes.
10. EAGolf Gift Vouchers and E-Vouchers Terms
10.1
EAGolf Gift vouchers are only available for purchase in Ugandan Shillings using a credit or debit card and or mobile money, and can only be used for purchases on eagolfonline.com.
10.2
EAGolf Gift Vouchers can be used to purchase any product and service on eagolfonline.com except more gift vouchers.
10.3
EAGolf Gift Vouchers can be sent by way of two delivery methods – an e-gift voucher which can be emailed to the email address that you specify in the comments box during checkout; or a gift voucher that can be mailed by post to the delivery address you specify during checkout. Please note that postal vouchers will be subject to a nominal postage cost if purchased alone.
10.4
EAGolf Gift Vouchers cannot be redeemed for cash and cannot be returned for a cash refund. If your order exceeds the amount of the gift voucher, you are required to pay the balance with a credit or debit card or mobile money. If your order does not exceed the gift voucher amount, the balance left over will remain in your account to be used towards a future purchase.
10.5
EAGolf Gift Vouchers are valid for a period of 12 months from the date of issue. When you redeem your gift voucher under your EAGolf account, the amount is then transferred to your EAGolf Gift Card account and the credit extends to a maximum of 3 years.
10.6
Goods purchased with a gift voucher that are being returned will be refunded in the form of the original payment method.
10.7
EAGolf will not claim any responsibility for lost, stolen or damaged gift vouchers. We recommend you load your gift voucher onto your EAGolf Gift Card Account as soon as possible to ensure its safety. Visit the gift voucher page for more info on how to do this.
10.8
EAGolf reserves the right to amend the gift voucher terms and conditions at any time. We will only do this when we consider it appropriate and necessary to do so.