Terms And Conditions
Online Purchase and Website Terms and Conditions
These Terms and Conditions of Use (Terms) apply to the purchase of goods from GEOWOLF GOLF PTY LTD ABN 82 678 255 788 (‘we’, ‘us’, ‘our’) including via our website located at www.geowolfgolf.com, and all associated websites and sub-domains or via any other sales channel (including third party online sales platforms) we offer our goods through (collectively, our Site). These Terms also apply to the use of our website.
By accessing or continuing to use our Site, or by placing an order, you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by these Terms.
1. Our contract
When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order. This email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that your goods have been processed. Only those goods listed in the confirmation e-mail sent at the time will be included in the contract formed.
2. Pricing and availability
2.1 Prices are inclusive of GST (if applicable) and are displayed in Australian Dollars (AUD) on the Site.
2.2 Prices are subject to change without notice to you.
2.3 Whilst we try and ensure that all details, descriptions and prices which appear on the Site are accurate, errors may occur. If we discover an error in the price of any goods which you have advertised, we will correct the error as soon as it comes to our attention.
2.4 Even though we may have processed an order and taken payment from you, if we determine an error in pricing has occurred we may cancel the order and refund your payment without penalty. If this occurs, we will notify you as soon as reasonably practicable.
2.5 Delivery costs of goods will be charged in addition to the cost of the good/s; such additional charges are clearly displayed where applicable.
2.6 The price of your order is exclusive of all taxes (other than GST), duties, levies or charges imposed on the products. You may be required to pay, and you will be solely responsible for paying, any taxes, duties, levies and/or charges on products ordered by you (including, without limitation, any customs, duties and value-added taxes imposed within your own country). We are unable to provide estimates for local taxes, duties, levies or charges and, if you are located outside of Australia, we recommend that you research your local laws and regulations prior to placing an order.
3. Payment
3.1 We may use Shopify or alternative third-party payment processors (including for example PayPal and Klarna), (Payment Processor) as a gateway provider to process payments and host administer our online ordering system.
3.2 By placing an order with us you acknowledge you will be deemed to accept the Terms and Conditions of the Payment Processor which can be accessed here {https://www.shopify.com/au/legal/terms-payments/au}.
3.3 Upon receiving your order we carry out a standard authorisation check on your payment card to ensure there are sufficient funds to fulfil the transaction.
3.4 Your payment card will be debited upon authorisation being received. The monies received upon the debiting of your card must be treated as a deposit against the value of the goods you wish to purchase. Once the goods have been dispatched and you have been sent a confirmation email the monies paid as a deposit must be used as consideration for the value of goods you have purchased as listed in the confirmation email.
3.5 You confirm that the payment card/method that is being used is yours.
4. Delivery
4.1 Non-delivery of goods must be reported to us as soon as reasonably practicable.
4.2 If we quote or propose a timeframe for provision of delivery of good/s that proposal is an estimate only and cannot be relied upon for any purpose.
4.3 A claim that a delivery of goods was not of the kind or quantity contracted for must be advised to us in writing (with reasonable details) as soon as reasonably practicable after the supply was first delivered to you.
4.4 Risk of loss of any goods will pass to you once goods are shipped.
5. Gift Vouchers & Store Credit
5.1 Our gift vouchers, including in the form of ‘store credit’, are valid at the Site only. Vouchers will not be replaced if lost or stolen, including instances where the incorrect email address has been supplied by the purchaser. Vouchers cannot be exchanged for cash, a discount or anything else and no change is given. Any remaining balance can be used for future purchases.
5.2 Gift vouchers may be purchased on or via the Site and are redeemable towards any good purchased on or via the Site. Vouchers cannot be purchased using PayPal or Afterpay. The dollar value on a voucher includes GST.
5.3 A gift voucher and store credit will only be redeemable up until 3 years from the issue date of the voucher.
5.4 To redeem a voucher you must enter the unique voucher code at the online checkout on or via the Site.
5.5 If you make a purchase using the voucher for an amount that exceeds the voucher balance, you must pay the excess amount using another payment method.
5.6 You can combine the balances of multiple vouchers to complete a purchase.
5.7 Gift Vouchers and store credit do not accrue interest and cannot be redeemed for cash.
6. Promotional Codes
6.1 Promotional codes may be available from time to time for a discount or other benefit upon placement of an order.
6.2 A promotional code may be subject to additional terms and conditions notified with the provision of the code. Only one code may be used per order.
6.3 A code is only valid for the period specified.
6.4 Misuse of promotional codes, including not meeting the requirements to receive the benefit of the code, may lead to the rejection or cancellation of an order.
6.5 In the event of any inconsistency between these Terms and the terms of any campaign, promotion or contest, the latter terms prevail over these Terms to the extent of such inconsistency.
7. Returns policy – change of mind
7.1 If you change your mind about goods you have ordered, we will provide a refund, exchange or store credit for any goods which are returned to us in new, unused and resalable condition (Returned Goods) within 30 days of purchase, to the value of the price paid for the Returned Goods. Determination of the condition of goods is fully at our reasonable discretion.
7.2 We will not provide a refund or credit for the delivery costs (or any other fees) associated with any Returned Goods, and the cost of returning the Returned Goods to us must be met by you.
7.3 You must notify us at the time of returning the Returned Goods as to whether you seek a store credit or a refund.
7.4 Valid proof of purchase (including receipt, e-receipt or gift receipt) must be provided together with the Returned Goods in order to return or exchange goods, or receive store credit for the Returned Goods.
8. Returns policy – faulty or damaged goods
8.1 In the unfortunate event that your goods have arrived faulty, damaged or incorrect (Faulty Goods), please notify our customer service team by email to info@geowolfgolf.com as soon as reasonably practicable after the delivery the Faulty Goods.
8.2 Please note that we may request that the Faulty Goods are returned to us. If this is the case:
8.2.1 we will cover any shipping and handling costs for the return of such Faulty Goods; and
8.2.2 any Faulty Goods purchased as part of a set or a multi-item pack must be returned as a whole set and not individually.
8.3 In accordance with the Australian Consumer Law, if you notify us within a reasonable timeframe that you have received Faulty Goods, and there is:
8.3.1 a major failure with the Faulty Goods, you can choose a refund or exchange of the Faulty Goods; or
8.3.2 not a major failure with the Faulty Goods, we will repair the item within a reasonable time. If it is not repaired in a reasonable time you can choose a refund or replacement.
9. Your warranties
9.1 You warrant to us that any information, document, specification you provide to us or use of our goods shall not infringe any third-party intellectual property right, shall not infringe any moral right, is accurate and is not defamatory or otherwise unlawful or contrary to community standards and you agree to indemnify and keep indemnified us from any breach of this warranty.
9.2 We shall have the right to refuse or cease, at our sole unfettered discretion, from providing our goods if we believe they may be contrary to the warranty in clause 8.1.
9.3 You warrant that you will use all goods safely by following the manufacturer’s instructions and in accordance with clause 11. You will check that the goods you order are suitable for the intended use. If you are uncertain, please consult with us or an expert to assist with use of the goods.
10. Limitation of Liability
10.1 You agree that, to the fullest extent permitted by applicable law, including the Australian Consumer Law, we will not be responsible or liable (whether in contract, tort (including negligence) or otherwise), under any circumstances, for any:
a. interruption of business;
b. access delays or access interruptions to the Site;
c. data non-delivery, misdelivery, corruption, destruction or other modification;
d. computer viruses, system failures or malfunctions which may occur in connection with your use of the Site, including clicking any hyperlink to or from a third party website;
e. any inaccuracies or omissions in the Site or content;
f. a failure by you to comply with any warranty contained in these terms and conditions; or
g. events beyond our reasonable control.
10.2 We have no liability to the extent that a failure of delivery of goods is attributable to any act or omission on your part.
10.3 In Australia, our services come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these terms and conditions purports to modify or exclude the conditions, warranties and undertakings, and any other legal rights, arising under the Australian Competition and Consumer Act or any other laws. Any and all other warranties or conditions which are not guaranteed by the Australian Consumer Law or the Competition and Consumer Regulation 2010 are expressly excluded where permitted, including liability for loss of expectations, loss of profits, special, incidental or consequential loss or damage caused by breach of any express or implied warranty or condition.
10.4 In all other respects to the extent permitted by law, our total liability for loss or damage of every kind arising pursuant to these Terms or arising in any other way out of or in relation to the supply of goods, their sale, delivery or the way they behave, and whether in tort of contract or in any other cause of action, is limited to an amount equivalent to the sum paid by you to us for the goods.
11.1 The goods are designed to be used only with irons and wedges (and not with woods or drivers). Use of the goods to clean woods or drivers may result in scratches or damage to your clubs, and you agree not to hold us responsible for any such damage.
11.2 You should always test the goods on an inconspicuous part of your clubs before using them across the surface of the clubs. We make no guarantee that the goods will not damage or cause scratches or superficial marks on your clubs.
11.3 Our goods are to be used in conjunction with the performance of the sport of golf, which means that use of our goods carry risks of physical injury, which may include from:
11.3.1 physical activity and its ordinary associated risks; and
11.3.2 use of the goods may involve simultaneously pushing a golf cart and therefore a risk of trip or fall.
You must ensure that when using the goods that you are sufficiently physically capable, seeking medical clearance where reasonably necessary, and only utilize the goods with due care.
11.4 The goods are intended to be used only with push or small motor electronic propelled hand golf carts, and are not suitable for use with motorised ride-on carts or buggies. Use of the goods at a speed over 5km (or 3.2 miles) per hour is not permitted, and you acknowledge that doing so may place both your property and safety at risk.
11.5 Use of the goods are at your own risk and to the extent permitted by law we disclaim all liability arising from any injury or death associated with the use of the goods.
11.6 The goods are to be used in conjunction with other equipment or property you may own or utilise. It is your responsibility to ensure that our goods are compatible with such other equipment and we do not accept liability for any property damaged caused through the use of the goods in circumstances or in a manner which, acting reasonably, would be inappropriate and the likelihood of damage foreseeable. You must do your own due diligence to ensure use of our goods will be compatible with and not damage any item it is affixed to or product it is used to clean.
11.7 The application of the United Nations Convention on Contracts for the International Sale of goods (the Vienna Convention) to this agreement (by virtue of any law relevant to this agreement) is excluded.
11.8 Any promotional materials (other than official technical specifications) we publish only give a general idea of the goods on offer and cannot be relied on for any purpose.
11.9 We attempt to provide accurate information on the Site. However, the information contained on the Site is of a general nature only and does not constitute or replace professional advice for individual or specific conditions and, to the extent permitted by applicable law:
11.9.1 we do not warrant that information contained on the Site or in the content, including any product or service descriptions, colours, ingredients is accurate, complete, reliable, current, or error-free;
11.9.2 we take no responsibility for any loss, damage, injury or death arising from any use of the information contained on the Site or in the content; and
11.9.3 the Site is presented ‘as is’ and we make no representations or warranties of any kind whatsoever, express or implied, in connection with the Terms or the Site, including but not limited to warranties of merchantability, non-infringement or fitness for a particular purpose.
11.10 We do not promise that the Site, the content or the server that makes it available are free of viruses or other harmful components. We always recommend that all users of the internet ensure they have up to date virus checking software installed.
12. No Commercial Use
12.1 The Site (and any goods purchased on or via the Site) is for your personal, non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any content, software, products or services contained within, on or via the Site. You may not use the Site (and any goods or services purchased on or via the Site), or any of its content, to further any commercial purpose, including, without limitation, any commercial activity, sales or offering for sale, advertising or advertising revenue generation activity on your own website, auction sites, group buying sites social media sites or otherwise.
13.1 Our Site may contain hyperlinks to websites operated by third parties. Those links are provided for your convenience only and may not remain current or be maintained in the future. Unless expressly stated to the contrary, we do not endorse and are not responsible for the content on those linked websites and have no control over or rights in those linked websites.
14. Breach and Termination
14.1 If, in our reasonable opinion, you breach any provision of these Terms we may immediately issue a warning, temporarily suspend or permanently prevent your access to all or any part of the Site.
14.2 In any event, we may terminate the Terms (and your licence to use the Site) at any time and for any reason, without prior notice to you.
15. Force Majeure
15.1 We have no liability to the extent that our performance of the contract is prevented by force majeure. For these purposes, “force majeure” means any acts of God, governmental actions, including any government imposed shutdown or closure, a change in applicable law, riots, vandalism, strikes, lockouts or other labour difficulty, war or national emergency, pandemic, epidemic, quarantine or other widespread or serious threat to human health (including an outbreak or recurrence), acts of terrorism, fire, explosion, flood or other natural disaster, an act or omission of a third party, inability to obtain any necessary materials, equipment, facilities or services, the failure of performance provided by others, internet interruption or virus, accidents or breakdown of plant, machinery, software, hardware or communication network and failure or shortage of power supplies or other essential utility
16. Intellectual property
16.1 The specifications and design of the goods and services (being all intellectual property, including but not limited to, copyright, design right, trade marks or other intellectual property) and the contents of our website, including its “look and feel” (such as text, graphics, images, logos and button icons), remain our property or are used by us under licence.
16.2 You grant us a limited, royalty free, non-exclusive, worldwide, revocable licence for the purpose of delivering the goods, and internal business and record keeping, to the intellectual property contained in any document, information or specification you may provide to us.
16.3 You must not reverse engineer, copy or otherwise reproduce our goods, or the contents of our website, nor aid or procure any other person to do so.
17. Waiver
17.1 Any waiver of any provision of these Terms will be effective only if in writing and signed by us.
17.2 Without limiting the foregoing, any failure to enforce any of our rights under these Terms does not constitute a waiver of those rights.
18. Severability
18.1 Any part of the Terms that is illegal, void or unenforceable may be severed, and the remainder will continue in force.
19. Entire agreement
These Terms constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and us.
20. Governing law
These Terms are governed by the laws in force in South Australia. You agree to submit to the exclusive jurisdiction of the courts of that jurisdiction.
21. Complaints
If you wish to complain about any matter in respect of the goods please contact Customer Service by emailing us here: info@geowolfgolf.comc