Terms and Conditions

These Terms and Conditions regulate the business relationship between you and us. By using our website in any way, or by buying from us, you agree to be bound by them.

We are:

TGUSA INC

Our address is:

TRENDYGOLF USA
120 Standard St.
El Segundo, CA 90245
United States

Our Federal Tax I.D. number is:

42-1768194

Site Languages:

English

You are:

A visitor to our website / our customer

1. Definitions

In this agreement:
'Carrier' - means any person or business contracted by us to carry goods from us to you, whether all or part of the distance.
'Our website' - means the entire computing hardware and software installation that is or supports our website.
'Goods' - means any of the goods we offer for sale on our website.
'Content' - means information in any form published on our web site by us or any third party with our consent.

2. Our Contract with you

2.1 These terms and conditions apply:
2.1.1 So far as the context allows, to you as a visitor to our website; and
2.1.2 In any event to you as a buyer or prospective buyer of our goods.

2.2 Goods advertised may not be available.

2.3 We shall accept your order by e-mail confirmation. Our message will also confirm details of your purchase and tell you when we shall despatch your order. That is when our contract is made. It is possible that the price may have increased from that posted on our website.

2.4 We may change these terms from time to time. The terms that apply to you are those posted here on our website on the day you order goods. We do not file copies of the contract we make with you.

2.5 All descriptions, weights and sizes of goods are those of the original manufacturers and you may not rely on their accuracy. Accordingly, any such description shall not form part of this agreement.

2.6 If we do not have the goods you order in stock, we will offer you alternatives before we despatch your order. If this happens you may:
2.6.1 Accept the alternatives we offer;
2.6.2 Cancel your order;
2.6.3 Leave the order valid but tell us to omit the out-of-stock item.

2.7 If we owe you money (for this or any other reason), we will credit your credit or debit card as soon as reasonably practicable but in any event no later than 30 days from the date of your order.

2.8 Goods are at your risk from the moment they are picked up by the carrier from our warehouse.

3. Price and Payment

3.1 You must pay us the full price of your order before we will send any part of it. In addition to the price payable for the goods, you may be required to pay a delivery charge for delivery within the USA.

3.2 Banking charges by the receiving bank on payments to us will be borne by us. All other charges relating to payment in a currency other than pounds sterling will be borne by you.

3.3 Any details given by us in relation to exchange rates are approximate only and may vary from time to time.

3.4 You will pay all sums due to us under these terms by the means specified without any set-off, deduction or counterclaim.

4. Information you give us

4.1 You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself.

4.2 We may use cookies from time to time in order to monitor the use and effectiveness of our website. We will not use that information combined with other information.

4.3 You agree that your personal information may be used and shared with:

• Customers clients suppliers of ours to fulfil your order for goods;
• Third party suppliers that may be of interest to you for the purpose of marketing products services promotions or competitions of theirs or ours from time to time;
• Third party database purchasers for the purposes of compilation maintenance and disposal of databases incorporating your personal information;
• Any third party who acquires the whole or a substantial part of our business;

4.4 We will always follow strict security procedures in storing, using and sharing the information you give us, in order to prevent unauthorised access to it. These security procedures may mean that proof of your identity may sometimes be required before information can be disclosed to you.

4.5 If you want to contact us about these terms of use please do so at hello@trendygolf.com

4.6 We will use our reasonable endeavours to respond to any point of dissatisfaction by you, provided you contact us within three months of purchase.

5. Delivery

5.1 Deliveries will be made by the carrier to the address stipulated in your order after you have received a confirmation email from us with a carrier reference number. You must ensure that someone is present to accept delivery, although where the carrier is the DPD you accept that delivery may be affected by collection from the local DPD pick up shop by you if you are absent during two attempts for delivery to the address that you have provided to us.

5.2 If we are not able to deliver your goods within 30 days of the date of your order, we shall notify you by e-mail to arrange another date for delivery.

5.3 We may deliver the goods in instalments if the goods are not available at the same time for delivery.

6. Taxes, Duties and Import restrictions

6.1 We have no knowledge of, and no responsibility for, the laws in your country of residence.

6.2 You are responsible for purchasing goods which you are lawfully able to import and for the payment of import duties and taxes of any kind levied in your country of residence.

7 Goods returned

Because you are buying the goods by mail order, you may have a right of cancellation. If you do, (and only if you do), these are the terms which apply:
7.1 You must tell us you wish to cancel within 7 days of your receipt of the goods;

7.2 In any event, you may not cancel orders for perishable goods, nor for handmade, specially commissioned or personalised goods;

7.3 The goods must be returned to us within 21 days of your telling us you wish to cancel:
7.3.1 With both goods and all packaging in their original condition;
7.3.2 Securely wrapped;
7.3.3 Including our delivery slip;
7.3.4 At your risk and cost.

7.4 After we have received the goods, we will credit your credit or debit card with the full purchase price of the goods returned no later than 30 days from the date of receipt;

7.5 If you do not return the goods to us, you are still liable to us for the cost.

7.6 We are under no obligation to collect or recover goods from you, but if we do, our costs will be payable by you.

7.7 Please email us at hello@trendygolf.com with the above information if you wish to return your goods.

8. Disclaimers

8.1 We or our content suppliers may make improvements or changes to our website, the content, or to any of the goods, at any time and without advance notice.

8.2 You are advised that content may include technical inaccuracies or typographical errors.

8.3 We give no warranty and make no representation, express or implied, as to:
8.3.1 The adequacy or appropriateness of the goods for your purpose.
8.3.2 The truth of any information given on our website;
8.3.3 To the extent permissible by law any implied warranty or condition as to merchantability or fitness of the goods and services for a particular purpose;
8.3.4 Compatibility of our website with your equipment software or telecommunications connection.
8.3.5 Compliance with any law;
8.3.6 Non-infringement of any right. provided that nothing contained herein will affect your rights where you deal as the consumer.

8.4 We are not liable in any circumstances for special, indirect or consequential loss or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of our website or the purchase of goods.

8.5 To the extent permissible by law in any claim against us our liability is limited to the value of the goods you have purchased in the contract which is the subject of the dispute.

8.6 Our website may contain links to other internet websites. We have neither power nor control over any such web site. You acknowledge and agree that we shall not be liable in any way for the content of any such linked web site, nor for any loss or damage arising from your use of any such website.

9. Content and Intellectual Property rights

9.1 Title, ownership rights, and intellectual property rights in the content whether provided by us or by any other content provider shall remain the sole property of us and/or the other content provider. We will strongly protect its rights in all countries.

9.2 You may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the content, in whole or in part, except as is expressly permitted in this agreement.

9.3 You may download or copy the content only for your own personal use, provided that you maintain all copyright and other notices contained in such content. You may not store electronically any significant portion of any content.

10. System Security

10.1 You agree that you will not, and will not allow any other person to, violate or attempt to violate any aspect of the security of the installation;

10.2 You agree that you will in no way modify, reverse engineer, disassemble, decompile, copy, or cause damage or unintended effect to any portion of our website, or any software used on our website, and that you will not permit any other person to do so.

10.3 You understand that any such violation is unlawful in many jurisdictions and that any contravention of law may result in criminal prosecution.

10.4 Examples of violations are:
10.4.1 Accessing data unlawfully or without consent;
10.4.2 Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures;
10.4.3 Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, 'flooding', 'mail bombing' or 'crashing';
10.4.4 Forging any tcp/ip packet header or any part of the header information in any e-mail or newsgroup posting;
10.4.5 Taking any action in order to obtain goods to which you are not entitled.

10.5 You agree to indemnify us against any claim or demand, including reasonable lawyers fees, made by any third party due to or arising out of:
10.5.1 Any violation of system security as set out above;
10.5.2 Your use of our website;
10.5.3 Any other breach or violation of this agreement by you;
10.5.4 The infringement by you, or by any other user of your computer, of any intellectual property or another right of any person or entity, or as a result of any threatening, libellous, obscene, harassing or offensive material contained in any of your communications.

11. Indemnity

You agree to indemnify us against any claim or demand, including reasonable lawyers fees, made by any third party due to or arising in any way out of your use of our website, or the infringement by you, or by any other person using your computer, of any intellectual property or other right of any person.

12. Contractual Limitation

Where we provide goods without specific charge, then it (or they) is deemed to be provided free of charge, and not to be associated with any other service for which a charge is made. Accordingly, there is no contractual nor other obligation upon us in respect of any such goods.

13. Rights of third parties

Nothing in this agreement or on our web site shall confer on any third party any benefit under the provisions of the contracts (rights of third parties) act 1999.

14. Severability

If any of these terms is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.

15. No Waiver

No waiver by us, in exercising any right, power or provision hereunder shall operate as a waiver of any other right or of that same right at a future time; nor shall any delay in exercise of any power or right be interpreted as a waiver.

16. Dispute resolution

In the event of a dispute arising out of or in connection with these terms or any contract between you and us, then you agree to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.

17. Force Majeure

We are not liable for any breach of our obligations resulting from causes beyond our reasonable control including strikes of our own employees.

18. Governing Law

This agreement shall be governed by and construed in accordance with the law of England. This agreement shall not be governed by the United Nations convention on contracts for the International sale of goods, the application of which is hereby expressly excluded.

By consenting to TRENDYGOLF USA SMS marketing in the checkout and initializing a purchase or subscribing via our subscription tools, you agree to receive recurring text notifications (for your order, including abandoned checkout reminders), text marketing offers, and transactional texts, including requests for reviews from us, even if your mobile number is registered on any state or federal do-not-call list. Message frequency varies. Consent is not a condition of purchase.

If you wish to unsubscribe from receiving text marketing messages and notifications, reply with STOP to any mobile message sent from us or use the unsubscribe link we provided you within any of our messages. You understand and agree that alternative methods of opting out, such as using alternative words or requests, will not be considered a reasonable means of opting out. We do not charge for the service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply.

For any questions, please text HELP to the number you received the messages from. You can also contact us at https://trendygolfusa.com/pages/contact for more information.

We have the right to modify any telephone number or short code we use to operate the service at any time. You will be notified on such occasions. You agree that any messages you send to a telephone number or short code we have changed, including any STOP or HELP requests, may not be received, and we will not be liable for honoring requests made in such messages.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

Your right to privacy is important to us. You can see our Privacy Policy https://trendygolfusa.com/pages/privacy-policy to determine how we collect and use your personal information.

Arbitration and Class Action Waiver Agreement:

Arbitration:

By using or purchasing TRENDYGOLF USA products or services, you agree that any controversy, claim, action, or dispute between you andTRENDYGOLF USA arising out of or relating to: (a) these Terms, or the breach thereof; or (b) your access to or use ofTRENDYGOLF USA ’s website or the services or the materials; or (c) any alleged violation of any federal or state or local law, statute or ordinance (each such controversy or claim, a “Claim”), shall be resolved exclusively through binding individual arbitration administered by the American Arbitration Association in accordance with its applicable rules.

Arbitration is a form of dispute resolution in which parties agree to submit their disputes and potential disputes to a neutral third person (called an arbitrator) for a binding decision, instead of having such dispute(s) decided in a lawsuit, in court, by a judge or jury trial. The arbitrator is obligated to issue a reasoned award in writing, including all findings of fact and law upon which the award was made. The arbitrator shall not have the power to commit errors of law, and the arbitrator’s award may be vacated or corrected through judicial review by a court of competent jurisdiction. Each party’s attorneys’ fees, expert costs, and other costs and expenses incurred in connection with arbitration will be borne by the party incurring such costs and expenses.  

Arbitration Procedures:

Claims shall be heard by a single arbitrator. Arbitrations shall be held in [County, State, USA], but the parties may choose whether to appear in person, by phone, or through the submission of documents.  The arbitration shall be governed by the Federal Arbitration Act (“FAA”) and by the internal laws of the CALIFORNA, without regard to conflicts of laws principles. Any disputes in this regard shall be resolved exclusively by an arbitrator. If, but only if, the arbitrator determines the FAA does not apply, New York law governing arbitration agreements will apply. All disputes with respect to whether the foregoing mutual arbitration provisions are unenforceable, unconscionable, applicable, valid, void or voidable shall be determined exclusively by an arbitrator, and not by any court.

Exclusion from Arbitration:

Notwithstanding the terms of this Arbitration Agreement, you may choose to pursue a Claim in court and not by arbitration if you opt-out of these arbitration procedures within 30 days from the date that you first purchase any ofTRENDYGOLF USA s products or services (the “Opt-Out Deadline”). You may opt out by mailing a written notification to 120 Standard St. El Segundo, CA 90245 United States. Your written notification must include (1) your name, (2) your address, and (3) a clear statement that you do not wish to resolve disputes through arbitration. Your decision to opt-out will have no adverse effect on your relationship with [Brand]. You are responsible for ensuringTRENDYGOLF USA ’s receipt of your opt-out notice, and you therefore may wish to send a notice by means that provide a written receipt.  Any opt-out request received after the Opt-Out Deadline will not be valid and you must pursue your Claim in arbitration.

Class Action Waiver:

You andTRENDYGOLF USA agree that you may bring or participate in Claims againstTRENDYGOLF USA  only in your respective individual capacity, and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding.  Unless both you andTRENDYGOLF USA agree otherwise in writing, the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated and may not otherwise preside over any form of a representative or class proceeding. Notwithstanding any other clause contained in this Agreement, any Claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.