Red Kite Limited
WEBSITE TERMS AND CONDITIONS
Dated: August 2006
GENERAL Any waiver of any provision of these Terms and Conditions must be in writing signed by Red Kite to be valid. Any waiver of any provision hereunder shall not operate as a waiver of any other provision, or a continuing waiver of any provision in the future. If any provision of these Terms and Conditions is held to be invalid, illegal or unenforceable, then such provision shall be severed and the remainder of these Terms and Conditions shall continue in full force and effect. The Terms and Conditions govern your use of the Website and the purchase by you of any Products, superseding any prior agreements between you and Red Kite relating to same. You acknowledge that in addition to the Terms and Conditions you may be subject to terms and conditions which apply when you purchase Products. Nothing contained on the Website is a promotion for any product or for the use of any product which is not authorised by law. Red Kite respects and aims to protect third party intellectual property rights. If you believe that the Website or any Product available thereon constitutes or may constitute an infringement of a third party’s intellectual property rights, please contact support@golfclubs.ie immediately.
www.golfclubs.ie and the facilities, services and materials available thereon (the “Website”) is owned and operated by Red Kite Limited, Company Number 393728, VAT Number IE 64137281, whose principal place of business is 25B Cambridge Avenue, Ringsend, Dublin 4, Ireland (“Red Kite”). For the purposes of these Terms and Conditions “we”, “our” and “us” refers to Red Kite.
Red Kite sells clone golf clubs (which are also referred to as golf club replicas and are unbranded golf clubs that are comparable in look, feel and performance to branded clubs) either through the Website (the “Products”).
Your use of the Website and your purchase of any Product(s) are each subject to your acceptance of these Terms and Conditions. Please ensure you read them carefully in their entirety. By accessing and using the Website and/or purchasing a Product from it you agree, and you are signifying your agreement, that you have read, understood and agree to be bound by and comply with these Terms and Conditions.
If you simply want to browse through the Website to see what Red Kite has to offer, there is no need for you to register and open an account with us. Nonetheless, your use of the Website will be subject to the relevant sections of these Terms and Conditions. If you wish to purchase a Product through the Website, you will need to register on the Website. As part of, and to complete, the registration process for the purposes of opening an account with us, you will be asked to tick a box to signify that you have read, understood and accepted the Terms and Conditions. If you do not agree to these Terms and Conditions, do not use the Website or purchase any Product from it.
None of the provisions of these Terms and Conditions shall be interpreted as to deprive you of any rights you may have as a consumer under mandatory Irish law.
Your use of the Website and any online purchase of a Product is entirely at your own risk.
To purchase any Product from the Website you must be aged at least 18 years of age. If you are under the age of 18 years, you may only purchase a Product in conjunction with and under the supervision of your parents or guardian. You understand that by purchasing a Product from the Website you are fully responsible for paying Red Kite for that Product.
Registration is not required if you simply want to browse through the Website.
Registration is required if you wish to purchase a Product from the Website.
In order to complete the registration process and to open an account with us, you must choose a User ID and password. Red Kite may restrict your chosen User ID or password. When registering, you will be asked to provide information such as your name, address, telephone number, email address and credit card details. All information supplied by you must be true, complete, accurate and offered in good faith and not the confidential property of others or in violation of any other third party’s rights. We will only use your information in accordance with our Privacy Statement
Red Kite does not guarantee the security of any information transmitted to or from the Website. Information sent over the internet cannot be guaranteed to be completely secure as it is subject to possible interception or loss or possible alteration. You understand and agree to assume the security risk for any information you provide using the Website. We are not responsible for any information sent over the internet and will not be liable to you or anyone else for any damages or otherwise in connection with any information sent by you to us or any information sent by us to you over the internet.
You are solely and fully responsible for all actions taken under your account. You agree to use the Website and to purchase any Product from the Website using your own User ID and password only. You must make all reasonable efforts to keep your password safe and you agree not to disclose it to any other person or permit, either directly or indirectly, any other person to utilise your User ID or password or account. You agree to immediately notify Red Kite of any unauthorised use of your User ID and/or password and/or account or of any other unauthorised breach of security.
Red Kite reserves the right to refuse to accept your application for registration and/or to suspend or terminate your account without prior notice or reason at any time at its sole discretion.
Unless otherwise specified, the Website and the Products are for your personal and non-commercial use only and you may only download, display or print part of the Website for such use.
You agree not to use the Website or the Products for or in connection with any of the following activities:
The information, communications, software, scripting, photographs, text, video, graphics, music, sounds, images, button icons, trademarks, service marks, trade names, logos and other materials and services found on the Website (collectively, the “Content”) and the Products are protected by copyright, trademark, database right, sui generis rights and other intellectual property laws (as the case may be), under national laws and international treaties. All proprietary rights, title and interest in and to the Content and the Products shall be and at all times and for all purposes remain vested in Red Kite and/or its licensors (as the case may be). All rights not expressly granted hereunder are reserved to Red Kite and/or its licensors (as the case may be).
Subject to your agreement to and compliance with these Terms and Conditions, you are hereby granted permission to access the Content from the Website solely for your own personal, non-commercial use, to view and browse through the Website, to bookmark or point to any page within the Website, to order, pay for and submit queries in respect of any Products, to print a single hard copy of the Content for your own personal reference, provided however that all copyright, trademark and other proprietary notices are left intact.
You agree not to resell, decompile, reverse engineer, disassemble or otherwise convert the software used on the Website. Furthermore, you shall not copy, modify, transmit, display, distribute, perform, reproduce, license, publish, create derivative works from, upload, extract, transfer or sell any information, Content or software contained on or forming part of the Website, or otherwise use the content of the Website for resale, redistribution or for any other commercial use, without the prior written consent of Red Kite and you acknowledge that to do so will be a violation of the proprietary rights of Red Kite. You may, however, save a copy of this page to your local hard disk for the purposes of creating one personal back-up copy.
Unless specifically authorised by Red Kite in writing to do so, you may not (i) create and submit computer programming routines or engines that are intended to generate multiple requests for any of the Content provided by the Website; (ii) create any frames at any other sites pertaining to the Website; or (iii) “deep-link” to the Website which means that you may not create, post, display, publish or distribute any link to the Website for any purpose. If you wish to undertake any of these activities, you must first contact Red Kite to seek written permission.
You hereby grant Red Kite a non-exclusive, royalty free, worldwide, perpetual, irrevocable licence with the right to sub-license, reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any content and other information (including without limitation ideas contained therein for new or improved Products, goods and services) which you submit to any public areas of the Website (such as bulletin boards, discussion groups, forms in news groups or by email to Red Kite). You also grant Red Kite the right to use your name in connection with the submitted content.
You agree to indemnify and keep fully and effectively indemnified and hold Red Kite, its officers, directors, employees, agents, subsidiaries, affiliates, suppliers and any of our third party information service providers harmless from and against any and all liabilities, claims, demands, obligations, losses, expenses, damages, penalties, actions, judgments, suits and costs of any kind or nature whatsoever (including legal costs) resulting from any violation or breach by you of these Terms and Conditions.
Although Red Kite endeavours to ensure the Website is available at all times, there may be occasions when interruption to the Website may occur, e.g. to allow maintenance, upgrades and emergency repairs to take place, or due to failure of telecommunications links and equipment that are beyond our control. You agree that Red Kite shall not be liable to you for any loss incurred by you resulting from the modification, suspension or discontinuance of the Website.
You have sole responsibility for adequate protection and back up of any content and data you submit to the Website and for undertaking reasonable and appropriate precautions to scan for computer viruses or other destructive properties.
The Website contains links to third party websites. Red Kite does not own or control such third party websites and only provides links to other locations on the internet for information purposes. The fact that Red Kite provides a link to a third party site does not mean Red Kite endorses, authorises or sponsors that site. Red Kite reserves the right at any time to terminate a link to a third party site. Your use of third party sites is subject to the terms and conditions of use contained within each of those sites. Access to any third party site through the Website is at your own risk. Red Kite shall have no responsibility whatsoever for the accuracy of any information, data, opinions, statements made on any third party site or the security of any link or communication with the site. We have not verified the content of any such sites.
The Website is controlled and operated by Red Kite from its offices within Ireland. The Website has been specifically designed for use in Ireland. Red Kite cannot guarantee that the Website or the information or Products or services offered thereon complies with or is appropriate for use in other jurisdictions and Red Kite makes no representation that the Website is appropriate or suitable for use in countries other than Ireland. If you choose to access the Website from other locations outside of Ireland, you are responsible for compliance with local laws if and to the extent local laws are applicable.
We may modify or terminate any facilities, services and/or Products offered through the Website from time to time, for any reason and without notice, and without liability to you, any other user or any third party. Any additions to, or enhancements of the Website and/or the Products, including the release of new Products, shall be subject to the Terms and Conditions. To the greatest extent permitted by applicable law, Red Kite reserves the right to change the content, presentation, performance, user facilities and/or availability of any part of the Website at its sole discretion, including these Terms and Conditions from time to time.
You should check the Website for any changes to the Terms and Conditions each time you access the Website. Your continued use of the Website will signify your acceptance of any revised Terms and Conditions. If you are a registered user and wish to purchase a Product, you will be asked to tick a box to signify that you have read, understood and accepted the revised Terms and Conditions.
Red Kite respects the privacy of individuals who access the Website. For full details of the manner in which Red Kite uses cookies, the type of information we collect, how we use it, links to other sites and under what circumstances we disclose information please read the Privacy Statement which is hereby incorporated into and forms part of these Terms and Conditions.
This clause limits our legal liability to you for your access to and use of the Website and your online purchase and use of the Products. You should read this clause carefully. You acknowledge that you have entered into these Terms and Conditions relying on the disclaimers stated herein and that those disclaimers are an essential basis of this contract Nothing in these Terms and Conditions is intended to limit any rights you may have as a consumer under common law or other statutory rights which may not be excluded.
THE WEBSITE AND/OR THE PRODUCTS ARE AVAILABLE TO ALL USERS “AS IS” AND, TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE AND/OR THE PRODUCTS ARE MADE AVAILABLE WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
RED KITE MAKES NO REPRESENTATIONS, WARRANTIES OR UNDERTAKINGS ABOUT THE PRODUCTS OR MATERIALS AVAILABLE ON THE WEBSITE (INCLUDING WITHOUT LIMITATION, THEIR MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE).
RED KITE MAKES NO REPRESENTATIONS, WARRANTIES OR UNDERTAKINGS THAT THE WEBSITE, OR THE SERVER THAT MAKES IT AVAILABLE, WILL BE FREE FROM DEFECTS, INCLUDING, BUT NOT LIMITED TO VIRUSES OR OTHER HARMFUL ELEMENTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, RED KITE ACCEPTS NO LIABILITY FOR ANY INFECTION BY COMPUTER VIRUS, BUG, TAMPERING, UNAUTHORISED ACCESS, INTERVENTION, ALTERATION OR USE, FRAUD, THEFT, TECHNICAL FAILURE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY, OR ANY EVENT OR OCCURRENCE BEYOND THE CONTROL OF RED KITE, WHICH CORRUPTS OR EFFECTS THE ADMINISTRATION, SECURITY, FAIRNESS AND THE INTEGRITY OR PROPER CONDUCT OF ANY ASPECT OF THE WEBSITE.
ALL USE BY YOU OF THE WEBSITE IS AT YOUR OWN RISK. YOU ASSUME COMPLETE RESPONSIBILITY FOR, AND FOR ALL RISK OF LOSS RESULTING FROM, YOUR DOWNLOADING OR USING OF, OR REFERRING TO OR RELYING ON THE FACILITIES, SERVICE, MATERIALS OR PRODUCTS PROVIDED ON THE WEBSITE, OR ANY OTHER INFORMATION OBTAINED FROM YOUR USE OF THE WEBSITE. YOU AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, RED KITE AND PROVIDERS OF TELECOMMUNICATIONS AND NETWORK SERVICES TO RED KITE WILL NOT BE LIABLE FOR DAMAGES ARISING OUT OF YOUR USE OR YOUR INABILITY TO USE THE WEBSITE, AND YOU HEREBY WAIVE ANY AND ALL CLAIMS WITH RESPECT THERETO, WHETHER BASED ON CONTRACT, TORT OR OTHER GROUNDS.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM RED KITE SHALL BE DEEMED TO ALTER THIS DISCLAIMER OF WARRANTY, OR TO CREATE ANY WARRANTY.
This clause limits our legal liability to you for your access to and use of the Website and your purchase of Products from the Website. You should read this clause carefully. You acknowledge that you have entered into these Terms and Conditions relying on the limitations of liability stated herein and that those limitations are an essential basis of this contract. Nothing in these Terms and Conditions is intended to limit any rights you may have as a consumer under common law or other statutory rights which may not be excluded.
To the fullest extent permitted by applicable law, neither Red Kite nor any of its officers, directors, employees, affiliates or other representatives will be liable for any loss or damages arising out of or in connection with your use of the Website, the Products or transactions entered into through or from the Website including, but not limited to, direct, indirect, consequential or special loss or damages, loss of data, loss of income, profit or opportunity, loss of or damage to property, exemplary or punitive damages whether in contract, tort or otherwise, even if the possibility of such damages had been advised, or such loss or damages were reasonably foreseeable. In no event shall Red Kite or any of its officers, directors, employees, affiliates or other representatives be liable for any damages whatsoever resulting from the statements or conduct of any third party or the interruption, suspension or termination of any services, whether such interruption, suspension or termination was justified or not, negligent or intentional, inadvertent or advertent.
Without limiting the foregoing and except for payment obligations, neither party shall have any liability for any failure or delay resulting from any condition beyond the reasonable control of such party, including but not limited to governmental action or acts of terrorism, earthquake or other acts of God, labour conditions, power failures, internet failure, computer equipment failures, telecommunication failures, other equipment failures, electrical power failures, strikes, lay-way disputes, riots, interactions, civil disturbances, shortages of labour or materials, fires, storms, explosions, war, governmental actions, orders of domestic or foreign courts or tribunals, or the non-performance of third party.
No provision in these Terms and Conditions shall apply to limit Red Kite’s liability arising from death or personal injury caused by Red Kite’s negligence or for Red Kite’s fraud.
An order submitted by you constitutes an offer by you to us to purchase a Product(s) (as identified by you in your order) via the Website on these Terms and Conditions and is subject to our subsequent acceptance.
In submitting your order, you warrant and undertake that any information provided by you when placing your order is up-to-date, accurate in all material respects and is sufficient for us to fulfil your order; and that you have the legal capacity to enter into a contract. You are responsible for maintaining and promptly updating your account information as necessary to ensure accuracy and completeness. You are also responsible for keeping all such information (including your credit card details and any passwords given to you for the purposes of accessing the Website and/or purchasing the Products available on the Website) secure against unauthorised access. We will not be liable to you for any losses you may incur as a result of any unauthorised third party access to your account and/or any fraudulent use of your credit card on the Website.
When you are submitting an order, you will be asked to provide the address to which you require the Products to be delivered.
When you are submitting an order, you will be asked to confirm that all of the details which you have given are correct. If you identify and wish to correct any input errors, please do so at that stage.
Acceptance of your order takes place once we have accepted your application for registration (which shall include your acceptance of these Terms and Conditions and any other Red Kite terms and conditions for the provision of the Products) and your credit card payment is accepted and an email confirmation has been issued by Red Kite to the email address specified by you when making your order. We will not be responsible if you fail to receive a confirmation email as a result of your submitting an incorrect email address. You should review the email confirmation carefully to ensure that all details are correct. If you have any queries about or wish to correct any of your order details, you should contact the address for Red Kite specified on the email immediately. In particular, you should check that the delivery method for your Product(s) is correct.
You should ensure, therefore, that the email address you notify to us is the correct address to which you wish our confirmatory email to be sent. We are not liable to you for loss or damage arising out of your failure to notify us of your desired email address.
If you have any complaints about the quality of your Product(s) or if your Product(s) is any way defective, then you should contact Red Kite at 25B Cambridge Avenue, Ringsend, Dublin 4, Ireland or send an email to support@golfclubs.ie.
While Red Kite will make reasonable efforts to facilitate the efficient processing of your order, your order may be rejected (without liability) if for any reason Red Kite is unable to process or fulfil your order. In particular, and without prejudice to the generality of the foregoing, your order may be rejected (without any liability) if you are in breach of any of the Terms and Conditions or any additional Red Kite terms and conditions. If your order is rejected, any prior payment that you may have made will be refunded, unless the reason for rejecting your order is due to your breach of the Terms and Conditions.
We may keep records of orders received, acknowledgements, acceptances and other contract records for a reasonable period after acceptance of your order. We will use our reasonable commercial endeavours to provide you with copies on written request. We recommend that you print a copy of all such documents and the Terms and Conditions for your own records.
Your contract with Red Kite may only be concluded in the English language.
Any prices, quotations and descriptions made or referred to on the Website are provisional, do not constitute an offer and may be withdrawn or revised at any time prior to our express acceptance of your order.
All prices stated on the Website are in euro and unless otherwise specified are exclusive of VAT and any other applicable tax or duty and any delivery charges. VAT is charged at twenty one percent (21%) unless you are notified otherwise. The delivery charges are specified here. Red Kite reserves the right to change prices and the delivery charges stated on the Website at any time and without notice.
Red Kite accepts payment for the Products by credit card (Visa ,Mastercard) or by laser card only.
When you are submitting an order, you will be asked to specify the address to which your Products shall be delivered to you.
While we will set out approximate delivery timescales on the Website and in our confirmatory email, we do not guarantee any specific delivery times or dates and shall not be liable to you in respect of any delays or failure to meet any and all delivery timescales.
In the event that there is any such delay or failure to meet delivery timescales, you should contact support@golfclubs.ie. If you have not received your Product(s) within thirty (30) days of the date specified in your confirmatory email, you are entitled to a refund of any monies paid in respect of that order (unless otherwise agreed).
You acknowledge that we will charge a delivery charge for delivering the Product(s) to your mailing address. This delivery charge is set out at the Shipping Policy page. You should also ensure that the delivery address specified on our confirmatory email is correct and should notify us immediately if there are any inaccuracies in the delivery address. In the event that your Product(s) are returned to Red Kite because the delivery address that you have notified to us is incorrect or inaccurate, your Product(s) may be destroyed or resold to a third party without us incurring any liability to you. You may be subject to additional delivery charges in the event that you wish to change your delivery address after submitting an order and before your Product(s) have been posted to your delivery address.
We do not retain credit card information on our web servers after the transaction has been completed. Therefore you will need to enter your details each time you wish to purchase Products on the Website.
If you are a consumer (i.e. if you are a natural person who, as regards a distance contract, is acting for purposes which are outside your trade, business or profession) then, under the European Communities (Protection of Consumers in Respect of Contracts Made by Means of Distance Communication) Regulations, 2001, you have a right to cancel your contract for the purchase of the Products without giving a reason within a period of seven (7) working days from the date the contract was formed. If you wish to cancel the contract in such a way, you must send notice in writing to Red Kite requesting cancellation of the contract within such seven (7) working day period. In such circumstances, you shall be responsible for the direct cost of returning the Product(s) to Red Kite. The Product(s) must be returned unused and in its original packaging.
At the time we receive your order, Red Kite will inform you if the Products are unavailable. If the Products are unavailable, and if there are products of equivalent quality and price available, you may opt to receive such equivalent products. Alternatively, you may opt to receive a refund of the price paid by you for the Products (if any). If we furnish you with such equivalent products and you exercise your right of cancellation pursuant to Clause 16 (Right of Cancellation) above, then the cost of returning the equivalent products will be borne by Red Kite.
If the Products are not provided to you in conformity with these Terms and Conditions, we may (at our sole discretion) provide you with (i) products of equivalent quality and price; or (ii) a refund of the monies which you paid to Red Kite in respect of the defective Product(s). This is without prejudice to your statutory rights. You have rights under consumer legislation and nothing in these Terms and Conditions shall affect those rights. If a Product is defective, please contact Red Kite at support@golfclubs.ie without delay.
Red Kite may at any time at its sole discretion, without notice to you, restrict, suspend or terminate your access to and/or use of the Website or any service forming part of the Website (including without limitation sale of the Products to you), wholly or partially and for any reason whatsoever, including without limitation, where you are in breach of these Terms and Conditions, or if Red Kite cannot verify or authenticate any information which you submit to the Website, or if for any reason Red Kite suspends or discontinues the Website and/or sale of the Products, or is unable to supply a Product to you. Red Kite is not liable to you or any third party for any suspension or termination of your access to or use of the Website or unavailability of any Products. Red Kite reserves the right to pursue all of its legal remedies upon breach by you of these Terms and Conditions.
These Terms and Conditions shall be governed by and construed in accordance with the laws of Ireland, and you hereby irrevocably agree for the benefit of Red Kite and without prejudice to the right of Red Kite to take proceedings in relation to these Terms and Conditions before any court of competent jurisdiction, that the Courts of Ireland shall have jurisdiction to hear and determine any actions or proceedings that may arise out of or in connection with these Terms and Conditions, and for such purposes you irrevocably submit to the jurisdiction of the Courts of Ireland.
(a) Waiver
(b) Severability
(c) Entire Agreement
(d) Legality