Hole19 General Terms of Use and Conditions of Sale
About us
We are Hole19 (the trading name of Stat Track Technologies, Serviços Tecnológicos Para O Desporto, LDA, incorporated in Portugal and having NIPC 509866077, and with registered office address at Rua Joaquim António Aguiar, 66 4º Esqº Lisbon, Portugal) (“Hole19”, “we”, “us”). We run the Hole19 marketplace (www.hole19golf.com/shop) through which you can buy products from us and from our selected third-party retailers.
Contact Information
To contact us, please email us at shop@hole19golf.com.
If we need to contact you, we will do so by writing to you at the email address or postal address you provided to us when you placed at order with us or when you contacted us.
These terms and conditions, plus our privacy and cookie policies apply to your use of our website and any orders which you place
These terms and conditions (“Terms”) apply to your use of and access to our site and to any and all purchases of products made through our website. By accessing our site, you are agreeing to be comply with these Terms.
The Terms are split into three sections:
- General terms which apply to all users of our website
- Terms which apply to making purchases through our website
- Additional legal terms which apply to you
Our privacy policy and cookie policy also apply to your use of our website and how we collect and use your personal information.
Our role in the marketplace
You can buy products directly from us and from third party retailers through the marketplace. We allow third party sellers to list and sell their products through the marketplace and we help facilitate any transactions between customers and the third party retailer. The relevant product page will make it clear which brand is selling the product.
We take our role as marketplace operator seriously and hope to provide great customer service. Please contact us if you have questions or if you need help with an order placed through the website.
Purchasing from Hole19
Where you purchase one of our own brand products, a contract is created between you and us for the sale and purchase of those products based on these Terms.
Purchasing from third party retailers
Where you purchase products from third party brands through our marketplace, we facilitate the transaction between you and the retailer and can help resolve any queries and issues as set out in these Terms. The third party retailer has agreed to sell products to you based on these Terms and the contract for any sale and purchase of their goods is formed directly between you and them (we are not a party to it). For example, where we say we will do something in these Terms, the retailer will be responsible for taking that action.
GENERAL TERMS WHICH APPLY TO ALL USERS OF OUR WEBSITE
Use of our website
We provide our website on an "as is" basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws of England and Wales.
We do not warrant that access to our website will be uninterrupted or error free.
We reserve the right at any time to
- withdraw or amend the website without notice.
- to withdraw access to or suspend some or all of the website.
- report any breach under the Computer Misuse Act 1990 to the relevant law enforcement authorities and disclose your identity to them.
- deny access to the website where we reasonably believe that you are in breach of any of these Terms or our Privacy Policy.
Intellectual Property Rights
Our website and all of its contents including, without limitation, all text, software, trademarks, logos, designs, images, photographs, audio visual materials, written materials and any other form of material ("Content") is owned by us or licensed to us by third parties. The copyright and all other intellectual property rights in all Content is owned by us or our licensors.
You may store, print and display the Content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on the website and you may not use any such Content in connection with any business or commercial enterprise.
Other websites
Our website may contain links to sites not owned or operated by us. These links are not intended to be endorsements of the linked sites and are provided for your convenience only. We are not responsible or liable for any part of the linked site including any information presented. You should familiarise yourself with the terms and conditions and privacy policy of the linked site.
Our website may also contain links to other sites operated by us. We advise you to review the legal, privacy and security information for each such site to which you link as the terms and conditions and privacy policies may vary slightly from site to site.
TERMS WHICH APPLY TO MAKING PURCHASES THROUGH OUR WEBSITE
Product Information
Our website sets out all of the key information which you need to know about the Products on sale.
A product's true colour may not exactly match that shown on your device or its packaging may be slightly different.
All products shown on our website are subject to availability. We will contact you by email as soon as possible if the product you have ordered is not available and we will not process your order if made unless it had been made clear on our website that such products are available for pre-order.
Ordering Products
We take payment from you at the point you place an order for products with us. You can only pay for products using a debit card, credit card or other payment methods that we display from time to time on our website. We will notify you by email as soon as possible to acknowledge receipt of your order and to provide you with an order number.
We will confirm acceptance of your order by sending you an email that confirms that the products have been dispatched ("Delivery Confirmation").
Sometimes we reject orders, for example, because a product is unexpectedly out of stock, because you are located outside the UK or because the product was mispriced by us. When this happens, we let you know as soon as possible and refund any sums you have paid.
A legally binding contract between us (if you are purchasing our own products) or with the retailer (where you are purchasing products from a third party retailer) will be formed when we send you the Delivery Confirmation (or, in the unlikely event that a Delivery Confirmation is not sent due to a processing error, when we dispatch the products to you).
If we are unable to fulfil your order following this acknowledgement, we will contact you by email advising you of this.
Personalised Products
If you are purchasing made to measure or personalised products, you are responsible for making sure that all information or measurements you give us to personalise the product are correct. If you have questions or need help, please contract our Customer Service Team by email (shop@hole19golf.com).
Product prices and delivery charges
We take all reasonable care to ensure that the prices of products on our website are correct. The product price may change from time to time and you will pay the price advertised at the time you place the order. If we discover an error in the price of products you have ordered:
- Where the correct price is less than the price stated on our website, we will charge the lower amount when dispatching the products to you.
- Where the correct price is higher than the price stated on our website, we will contact you by email to inform you of this error and we will give you the option of continuing with your purchase at the correct price or cancelling your order. We won’t process your order until we have your instructions. If we are unable to contact you using the contact details you provided to us when placing your order, we will treat the order as cancelled and notify you of this cancellation by email.
The product price excludes delivery costs, which, where applicable, will be added to the total amount due during the order process. Depending on the payment method you choose, there may be additional processing fees that are not reflected in the prices, for which you will be responsible.
Please note that if the rate of VAT changes between your order date and the date we supply the product, we adjust the rate of VAT that you pay, unless you have already paid in full before the change in the rate of VAT takes effect.
Delivery Process
You can find details of our delivery options and timescales in our Delivery Policy.
If our supply of your product is delayed by an event outside our control, such as the product being withdrawn from sale or if the sale will be delayed, or delays due to postal or courier services, we will contact you as soon as possible to let you know.
As long as we do this, we won't compensate you for the delay, but if the delay is likely to be substantial you can contact our Customer Service Team by email (shop@hole19golf.com) to end the contract and receive a refund for any products you have paid for, but not received.
30 day cancellation period for orders
We hope you will be delighted with your products. However, as you have purchased the products online, for most of our products, you have a legal right to change your mind about your purchase and receive a refund of what you paid for it, including the delivery costs. This is subject to some conditions, as set out below.
You have 30 days from the date we deliver the products to you to let us know if that you wish to cancel the purchase and return the goods to us (if they have already been despatched to you). If your purchase is from a third-party retailer, we will tell them about the cancellation for you. If the product is for regular delivery (for example, a subscription), you can only change your mind after the first delivery. If your purchase is split into several deliveries over different days, the period runs from the day after the last delivery.
You can't change your mind about an order and cancel where you have purchased:
- products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;
- goods which are perishable;
- goods that are made to your specifications or are clearly personalised; and
- goods which become mixed inseparably with other items after their delivery.
This cancellation period applies to physical products purchased through our website. Separate terms and conditions apply to any purchase of digital products and services, including our app, which you purchase through https://www.hole19golf.com/.
How to cancel your order
Please let us know by email (shop@hole19golf.com) if you wish to cancel. If you tell us you want to cancel after the product has been despatched to you, you must return your product with the original tags/labels attached (and any free gifts provided with it) to us (in the original packaging, where possible) within 30 days of your telling us you have changed your mind. We will provide you with a returns label (postage paid) for you to return the products and the cost of the postage will then be deducted from your refund (i.e. you are responsible for the cost of returning the product) Please refer to the Returns section below for details on how to return products.
Refunding your cancelled order and when we might reduce the amount of the refund
In addition to refunding the price paid for the products, we will also refund standard delivery costs. We don't refund any extra you have paid for express delivery or delivery at a particular time. If you received free delivery no delivery costs will be refunded.
We reduce your refund if you have used or damaged a product to compensate us for its reduced value. For example, we reduce your refund if the product's condition is not "as new", originals tags or labels have been removed, the product-branded packaging is damaged or accessories are missing. In some cases, because of the way you have treated the product, no refund may be due. Our Customer Service Team can advise you on whether we're likely to reduce your refund and you can contact them by email (shop@hole19golf.com).
Refund timelines
If you tell us you have changed your mind about a product that hasn't been delivered, we refund you as soon as possible and within 14 days. If you are sending your product back to us, we refund you within 14 days of receiving it (or receiving evidence you've sent it to us). We refund you by the method you used for payment. If you paid using gift vouchers we may refund you in vouchers. We will send an email confirmation once the refund has been processed.
Your rights if there is a problem with a product
We pride ourselves on the quality of our products and work only with high quality third party brands through the marketplace. We hope you will enjoy purchasing from us, and we also have a legal duty to ensure the products are as described, fit for purpose and of satisfactory quality.
If you think there is something wrong with your product, please contact our Customer Service Team by email (shop@hole19golf.com).
Typically, if your products are faulty:
- You can get a refund if tell us about this fault within 30 days of receiving the product.
- We will work with the third party retailer to confirm if they want to try to repair or replace the product if the issue arises within six months of delivery. If they cannot repair or replace the product, we will issue a refund.
- Otherwise, your products should last a reasonable length of time and, if they do not, please contact us.
Returns
For help with returns, including creating return labels, please access the returns page of our website. Please follow this process for returns of third party retailer products as well as for our own branded products, as we will facilitate the returns process with the third party retailer for you. Please contact our Customer Services Team if you are having difficulty processing your refund or if you have questions.
We recommend you obtain proof of postage as evidence that you have returned the product(s) to us. If you don’t do this and the products are not received or they are not received or within a reasonable time we won't refund you the price you paid for them.
Your account
You may need to register with an account with us to purchase products. You are responsible for maintaining the confidentiality of your account and your password. You should take all reasonable steps to ensure the password is kept secure and confidential and you must tell us immediately if you believe someone else knows your password or if it is being or may be used in an unauthorised manner.
You are responsible for ensuring that your account information remains up to date and accurate.
Changes to products and these Terms
We can always change a product:
- to reflect changes in relevant laws and regulatory requirements;
- to make minor technical adjustments and improvements which don’t affect your use of the product;
- to reflect changes made by us (in relation to our own-branded products) or by the third party supplier (where the product is manufactured by a third party brand). If such changes would likely have a significant impact on your use of the product, we will let you know in advance by email and give you the option to cancel any orders and receive a refund for any products which you have paid for but not received.
Suspending or withdrawing the supply of products
We can suspend the supply of products to:
- deal with technical problems or make minor technical changes;
- update the product to reflect changes in relevant laws and regulatory requirements; or
- make changes to the product (see “Changes to products and these Terms”).
If we need to suspend supply, we will let you know in advance unless the problem is urgent or an emergency. If we need to suspend supply for more than four weeks, you can contact our Customer Services Team to end the contract and we'll refund any sums you've paid in advance for products you won't receive. You can contact our Customer Service Team by email (shop@hole19golf.com).
We are not responsible for events outside of our control
If the supply of your product is delayed by an event outside our reasonable control, we will contact you as soon as possible to let you know and do what we can to reduce the delay. As long as we do this, we won't compensate you for the delay, but if the delay is likely to be substantial you can contact our Customer Service Team by email (shop@hole19golf.com) to end the contract and receive a refund for any products you have paid for, but not received, less reasonable costs we have already incurred.
When you can end your contract with us
We tell you when and how you can end an on-going contract with us (for example, for a subscription) during the order process and we confirm this information to you in writing after we've accepted your order. If you have any questions, please contact our Customer Service Team by email (shop@hole19golf.com).
When we can end our contract with you
We can end our contract with you for a product and claim any compensation due to us (including enforcement costs) if:
- you don't make any payment to us when it's due and you still don't make payment within seven (7) days of our reminding you that payment is due;
- • you don't, within a reasonable time of us asking for it, provide us with information, cooperation or access that we need to provide the product, for example, you fail to provide full delivery details;
- • you don't, within a reasonable time, either allow us to deliver the product to you or collect it from us.
ADDITIONAL LEGAL TERMS WHICH APPLY TO YOU
Our liability to you if something goes wrong
We do not exclude or limit in any way our liability to you where it would be unlawful to do so.
We're responsible for losses you suffer caused by us breaking this contract unless the loss is:
- Unexpected and it was not obvious that it would happen and nothing you said to us before we accepted your order meant we should have expected it (so, in the law, the loss was unforeseeable).
- Caused by a delaying event outside our control.
- Something you could have avoided by taking reasonable action, including following our reasonable instructions for use.
- Related to your use of a product for the purposes of your trade, business, craft or profession.
You understand and agree that we only provide our website for domestic and private use. You agree not to use our website for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Complaints
We hope you will enjoy your products and your experience of purchasing from our marketplace. If you need to contact us for any reason, please contact our Customer Services Team by email (shop@hole19golf.com).
Other important terms which apply
- We can transfer our contract with you, so that a different organisation is responsible for supplying services. We will tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
- You can only transfer your contract with us to someone else if we agree to this.
- These Terms are the entire agreement between us and they supersede all other previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.
- You and we each agree that in entering into this agreement neither of us relies 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 this agreement. Nothing in these Terms will limit or exclude any liability for fraud.
- Nobody else has any rights under this contract. This contract is between you and us. Nobody else can enforce it and neither of us will need to ask anybody else to sign-off on ending or changing it.
- If a court invalidates some of this contract, the rest of it will still apply. If a court or other authority decides that some of these Terms are unlawful, the rest will continue to apply.
- Even if we delay in enforcing this contract, we can still enforce it later. We might not immediately chase you for not doing something (like paying) or for doing something you're not allowed to, but that doesn’t mean we can't do it later.
- These Terms are governed by English law and wherever you live you can bring claims against us in the English courts. If you live in Wales, Scotland or Northern Ireland, you can also bring claims against us in the courts of the country you live in. We can claim against you in the courts of the country you live in.
