TERMS & CONDITIONS
1. Scope
These General Terms and Conditions (hereinafter referred to as “GTC”) of Golf Center (hereinafter referred to as “Golf Center”) apply to all orders of goods placed via the online shop www.golfcenter.ch (hereinafter referred to as “Online Shop”) as well as contracts concluded with Golf Center. Provisions or general conditions of the customer or third parties (hereinafter collectively referred to as “customers”) contrary to these GTC do not become valid. The GTC also apply exclusively if Golf Center provides its services without reservation after becoming aware of deviating provisions or general conditions. Golf Center reserves the right to make changes to these Terms and Conditions at any time. The current version of the GTC is published at www.golfcenter.ch and shall be deemed to have been accepted by the customer from the date of publication.
2. Offer / Conclusion of Contract
The offer, i.e. all information on goods and prices in the online shop, (hereinafter referred to as “offer”) is aimed exclusively at customers with residence/seat in Switzerland and Liechtenstein. All information about the offer is non-binding for Golf Center and does not constitute an application in the legal sense. Golf Center expressly reserves the right to change the offer, i.e. assortment and price changes at any time. Illustrations in product catalogs, brochures, advertising, in the online shop, etc. are for illustration purposes only and are non-binding for Golf Center.
By sending the order of goods as part of the ordering process of the online shop, the customer places a binding order that he can no longer change. After receipt of the customer’s order via the online shop at Golf Center, an automatic order confirmation with an order number will be sent to the customer by e-mail. This order confirmation by e-mail does not constitute acceptance of the customer’s binding order and no contract is concluded. A contract is only concluded by delivery of the goods ordered by the customer to the customer. Golf Center remains free to refuse orders of goods with or without giving reasons in whole or in part and not to deliver goods until delivery to the customer. In this case, the customer will be informed immediately and any consideration already received will be refunded by Golf Center as soon as possible. The status of a goods order can be tracked in the “My Account” section under “Orders”.
The prices in the online shop are in Swiss francs (CHF), include the applicable statutory value added tax and are exclusive of any shipping costs. The respective price at the time of the order applies.
The minimum age for orders in the online shop is 18 years.
3. Identity of the Contractual Partner
The contract is concluded with Golf Center, unless expressly stated otherwise. The address is as follows:
Golf Center Via Industria 5 CH-6850 Mendrisio Switzerland
Contact form
4. Delivery
The delivery of the goods is made by a carrier commissioned by Golf Center to the address desired by the customer as part of the ordering process exclusively within Switzerland and Liechtenstein.
Any shipping costs will be communicated as part of the ordering process. Special shipping conditions apply to individual categories of goods. Additional shipping costs may apply. The details of the online shop are decisive, whereby changes to costs, fees and shipping conditions are possible at any time.
The information on the delivery times of goods within the ordering process in the online shop are non-binding and can be changed by Golf Center at any time, even after receipt of the binding order from the customer or after sending the automatic order confirmation by e-mail. For orders of goods received by Golf Center on weekends, public holidays or working days after 17:00, delivery within the delivery time specified in the ordering process cannot be guaranteed.
5. Payment / Retention of Title
The customer’s payment is made by credit card, invoice, PayPal, PostFinance or TWINT.
For each payment method, except for invoice, the amount of the order will be debited immediately and in the event of a possible return (see below “Return or right of withdrawal”) after the arrival of the goods at Golf Center.
Purchase on account is handled by a third-party provider. The General Terms and Conditions and Privacy Notice of the provider apply.
The delivered goods remain the property of Golf Center until full payment of the invoice amount by the customer. Golf Center is entitled to have the reservation made in the retention of title register.
6. Gift Vouchers
Gift vouchers are issued in paper form as well as digitally as a PDF document by e-mail and can only be used for the purchase of Golf Center goods and not for the purchase of further gift vouchers. Any discount promotions do not apply to the purchase of gift vouchers. The value of a gift voucher (total amount or remaining balance) is not paid out in cash and does not bear interest.
Branch redemption: For full or partial payment of goods in a branch, the gift voucher (physical form) must be presented on site. The corresponding amount will be deducted from the balance of the gift certificate. If payment is not possible due to a technical malfunction, Golf Center reserves the right to refuse payment with the gift voucher in individual cases.
Any remaining credit of a gift voucher is printed on the respective receipt when used in a branch. Golf Center is not responsible for the loss, theft or damage of a gift certificate. There is no replacement for lost or damaged gift vouchers.
For the goods or services paid for with a gift voucher, the terms and conditions of the respective sales channel (online shop or branch) apply.
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7. Notice of Defects / Warranty
The customer must immediately check the ordered goods for any defects after their delivery by the carrier. Complaints must be made immediately, but no later than within 14 days after delivery of the goods, by the customer both against the carrier and against Golf Center. Defects that were not recognizable during the immediate proper examination of the customer (hidden defects) must be reported immediately after their discovery.
Golf Center assumes the warranty for the freedom from defects of the ordered goods during a period of 2 years. The 2-year period begins to run with the shipment of the ordered goods to the customer. During this period, all defects that are subject to the warranty will be remedied free of charge, provided that the customer is notified in good time. The customer’s warranty claims are limited to replacement delivery or rectification of defects, excluding all other claims, in particular any compensation for direct or indirect damages. Golf Center decides at its own discretion on replacement delivery or rectification of defects. The warranty claim expires for damages resulting from improper handling and use of the goods.
In the event of an error in the price announcement or the product descriptions, Golf Center is not bound by the false information.
8. Right of Return or Withdrawal
The customer can revoke his order of goods without justification by returning the ordered goods. The revocation by return must be made no later than 30 days after delivery of the goods to the customer. Excluded from the right of return are used goods, personalized items and gift vouchers. The customer has the following options to assert the right of return or right of withdrawal.
8.1. Return in a Branch / Online Shop Golf Center only takes back undamaged, unworn and complete goods in the original packaging with the corresponding return slip.
8.2. Return Delivery The customer can return the goods to the address below:
Golf Center Returns Department Via Industria 5 CH-6850 Mendrisio Switzerland
Please be aware: The goods must be returned in original packaging. Unpaid packages will not be accepted by Golf Center and will be returned to the sender at the expense of the sender. The date of dispatch is decisive for the deadline.
The return is made at the expense and risk of the customer.
The refund of the value of the goods will be made upon return to Golf Center, within 30 days of receipt of the goods.
Any shipping and payment costs will generally not be refunded in the event of a return.
9. Loyalty Program
Golf Center may offer bonus programs to the customer. The applicable Member Conditions apply to any bonus programs.
10. Data Privacy
Golf Center cares about the protection of the customer’s personal data. Further information on how Golf Center handles data can be found in the Golf Center privacy policy.
11. Liability
Golf Center excludes liability for all direct and indirect damages arising from the use of the online shop or in the context of goods orders or contracts concluded via the online shop, to the extent permitted by law. In particular, Golf Center excludes any liability for slight and medium negligence. Golf Center also assumes no contractual or non-contractual liability for damage caused by auxiliary personnel involved in the provision of services.
12. Enforceable Law / Place of Jurisdiction
All legal relationships between the customer and Golf Center are subject to Swiss law.
The place of jurisdiction for disputes arising from or in connection with the legal relationships between Golf Center and the customer is Golf Center’s registered office.
13. Salvatory Clause
Should individual provisions of the GTC be or become invalid or ineffective or should the GTC have an unforeseen gap, the validity of the remaining provisions and the General Terms and Conditions as a whole shall remain unaffected. Ineffective or missing provisions are replaced by dispositive statutory law.