TERMS OF SALE

SECTION 2 – TERMS AND CONDITIONS OF SALE

General provisions

Except as otherwise required by the applicable law, all deliveries and offers from Acushnet Australia Pty Ltd (herein referred to as "Acushnet Company", "we, "us" or "our) are made exclusively on the basis of these Terms and Conditions. These Terms and Conditions also apply to all future purchases by the Customer, even if these are not separately agreed. The validation of any order by the Customer will entail acceptance without reserve, or restriction, of the present Terms and Conditions.

The terms and conditions of the Customer or of third parties are not valid, even if Acushnet Company does not expressly refuse to apply them. The present Terms and Conditions represent all agreements between the contracting parties with regard to the subject matter of the contract. Representations and oral commitments made by Acushnet Company prior to the conclusion of this agreement are not legally binding, and such verbal commitments by the contracting parties are replaced by these Terms and Conditions, unless the parties agree in writing that certain representations and verbal commitments can be relied upon and are legally binding. Additions and changes to existing agreements, including these Terms and Conditions, must be made in writing to be legally valid.

Orders and our contract with you

Orders are not binding on Acushnet Company until they are expressly accepted in writing by Acushnet Company. Your receipt of an order confirmation in electronic or other form does not mean that we have accepted your order, nor does it represent our offer for sale.

We reserve the right to refuse orders, regardless of whether the order has been confirmed or has already been charged. This may (non-exhaustively) be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product, or because we are unable to meet a delivery deadline you have specified.

If your credit card has already been charged for the purchase and your order is declined, we will issue a credit to your credit card account for the amount of the charge.

Payment terms

The price of the product and acceptable methods of payment are set forth on the order pages when you place your order. Prices are current at the time of display but are subject to change without notice. We take all reasonable care to ensure that the price of the product advised to you is correct.

Payment must be received by Acushnet Company prior to accepting an order for custom MyJoys products. Payment for these products must be made by credit card at the time of order.

Payments for non-custom products are made at the time of shipment.

The products delivered to the Customer by Acushnet Company will remain the property of Acushnet Company until full payment has been received. Title will pass to the Customer only once Acushnet Company has received payment in full.

Delivery

The arrangement for delivery will be as displayed to you on our website. Acushnet Company will provide an estimated date of delivery before the validation of the order by the Customer. Such date may vary according to the available stock of the product. Acushnet Company will use reasonable endeavours to meet stated timeframes for delivery. However, many factors (some of which are beyond our control) can affect these timeframes and we cannot guarantee that they will always be met. We reserve the right to amend our stated timeframes without notice to you.

Acushnet Company is entitled to make partial deliveries if (i) the Customer can use the partial delivery within the scope of the contractual purpose, (ii) delivery of the remaining products ordered is guaranteed, (iii) if this does not result in additional expenses or costs for the Customer unless Acushnet Company agrees to assume these costs; and (iv) in all circumstances, Acushnet Company is not acting unreasonably by making partial deliveries.

All offers from Acushnet Company are subject to change and are non-binding, unless they are expressly designated as binding or contain a specific acceptance period.

Shipping

Separate shipping costs will be stated before the order and on the invoice (s).

GST and taxes

The prices of products, delivery and other charges shown are in Australian dollars and include GST where applicable.

Risk of loss

Loss or damage incurred during shipment by a carrier selected by Acushnet Company is the responsibility of Acushnet Company.

Warranties

The limited warranties applicable to Acushnet Company products are specified in the section titled 'Your Statutory Rights – Repairs and Refunds' below.

Return Policy: Products purchased directly from www.footjoy.com.au by a Customer may be returned in accordance with the return policy set out here: Return Policy

Products

The essential features and prices of the products sold by Acushnet Company are available on our website. Acushnet Company is under a legal duty to supply goods that are in conformity with the contract. However, the images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.

In particular, the MyJoys product shown on our website is an actual sample product of possible colour combinations for MyJoys golf shoes. Due to natural differences in the texture of leather, the actual product colours may vary slightly. Acushnet Company is not responsible for differences in screen resolution and colour calibration. These can lead to slightly different representations of the product on the screen compared to the final product that will be delivered to the Customer.

Acushnet as a company reserves the right to refuse orders for any printing on our products that, in our sole discretion, is inconsistent with our corporate values or brand identity, including, but not limited to, logos, designs and / or personalisation’s that are negative in nature, advocate violence or illegal activity or are libellous, hateful, threatening, defamatory, vulgar, obscene or pornographic.

Limitation of Liability

If our supply of goods and/or services is missed or delayed by an event outside of Acushnet Company’s control – including, but not limited to, strikes, riots, armed conflict, fires, terrorist attacks, force majeure events or acts in accordance with any law or regulation – Acushnet Company will take reasonable steps to minimise the effect of the delay. Provided we do this, Acushnet Company assumes no liability for missed or delayed services due to such event. However, if there is a risk of substantial delay, you may contact us to receive a refund for any goods and/or services you have paid for but not received. In no event shall Acushnet Company be liable to the Customer for any (i) special or indirect, incidental or consequential damages, or (ii) damages due to loss of benefit or profit, except as and to the extent otherwise required by applicable law (including but not limited to the Australian Consumer Law).

Acushnet Company does not exclude or limit in any way its liability to you where it would be unlawful to do so.

Your Statutory Rights – Repairs and Refunds

IN AUSTRALIA, OUR GOODS AND 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 OTHER LEGAL RIGHTS, UNDER THE AUSTRALIAN COMPETITION AND CONSUMER ACT AND 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 INCIDENTAL OR CONSEQUENTIAL DAMAGES CAUSED BY BREACH OF ANY EXPRESS OR IMPLIED WARRANTY OR CONDITION.

The Australian Consumer Law, which is Schedule 2 to the Competition and Consumer Act 2010 (Cth), provides certain statutory guarantees in respect of the products we supply to you if those products are of a kind ordinarily acquired for personal, domestic, or household use and consumption, or cost less than $40,000, and are not re-supplied by you. These statutory guarantees give you certain rights that we cannot exclude, restrict, or modify, except in the limited circumstances set out in Limitation of liability for statutory guarantees below.

As outlined more fully in the Australian Consumer Law, if a good we supply to you fails to meet a statutory guarantee and that failure cannot be remedied or is a "major failure", subject to the provisions of the Australian Consumer Law, you are entitled to return the good to us and receive a full refund or replacement (at your election). Alternatively, you may (at your election) choose to keep the good and recover from us the difference between the price you paid for the good and the value of the good.

As outlined more fully in the Australian Consumer Law, if a good we supply to you fails to meet a statutory guarantee and that failure can be remedied and is not a "major failure", subject to the provisions of the Australian Consumer Law, you are entitled to ask us to remedy the failure. We are entitled to choose how we remedy the failure, including by either:

• repairing the goods
• replacing the goods; or
• providing a full refund including the delivery fee.

The statutory guarantees referred to in this clause may not apply to all products sold on the Site. You accept and acknowledge that the provisions of the Australian Consumer Law will determine:

• which products are covered by such statutory guarantees; and
• our liability to you for any failure of a good to meet a statutory guarantee (except where Acushnet Company has expressly chosen to limit its liability as permitted by the Australian Consumer Law as provided for in Limitation of liability for statutory guarantees below).

The statutory guarantees are in addition to any rights you may have under any voluntary or express warranties offered by Acushnet Company or any other manufacturer or supplier of the products. Except as expressly set out in Limitation of liability for statutory guarantees below nothing in this Agreement excludes, restricts or modifies your rights under the Australian Consumer Law.

Replacement products are subject to the same warranties as the original.

You must notify us of the relevant fault or failure within a reasonable time of supply of the goods or the time that it would be reasonable to expect the relevant failure to become apparent, considering the nature of the goods.

Goods that develop a defect may also be covered by a manufacturer warranty. You may also wish to contact the manufacturer regarding returns and repairs. You must retain your proof of order for any manufacturer warranty claims.

Limitation of liability for statutory guarantees : Where the products we supply to you are not of a kind ordinarily acquired for personal, domestic or household use or consumption, our liability to you for failure to meet a statutory guarantee under the Australian Consumer Law (other than our liability for guarantees as to title, undisclosed securities and undisturbed possession, which we cannot limit) is limited to doing one or more of the following (at our election):

• in the case of goods:
1. the replacement of the goods or the supply of equivalent goods;
2. the repair of the goods;
3. the payment of the cost of replacing the goods or acquiring equivalent goods; or
4. the payment of the cost of having the goods repaired; and
• in the case of services:
1. the supply of the services again; or
2. the payment of the cost of having the services supplied again.

We cannot limit our liability in this way if you establish that it would not be fair or reasonable for us to do so.

Errors

Acushnet Company wants to ensure that the information on this page is accurate, complete, and current. However, despite our best efforts, there are cases where information about an item contains inaccurate or incomplete data, including data about the item's price or availability. To the extent permitted by law (including but not limited to the Australian Consumer Law), we do not guarantee that the information on this page is free from errors, complete or accurate.

Should a Acushnet Company product be listed with an incorrect price or information due to a typographical or typographical error, or an error in the pricing or product information, we will attempt to correct the error as it is discovered. Except as and to the extent otherwise required by applicable law (including but not limited to the Australian Consumer Law), we reserve the right to revoke any given offer for any reason and to correct any errors or omissions, even after an order has been placed and regardless of whether the order has been confirmed and your credit card has been charged. In such event, if your credit card has already been charged for the purchase and your order is declined, we will issue a credit to your credit card account for the amount of the charge and assume no additional liability for such cancellations.

SECTION 3 – GENERAL TERMS AND CONDITIONS

These General Terms and Conditions are incorporated into, and form part of, the 'Terms and Conditions of Site Use' and the 'Terms and Conditions of Sale' (as applicable).

Indemnity

To the extent permitted by law (including the Australian Consumer Law), you will at all times indemnify, and keep indemnified, and defend and hold harmless, us and our directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses) or liability incurred or suffered by you or by us arising from any claim, demand, suit, action or proceeding by any person against you or us where such loss or liability arose out of, in connection with or in respect of your conduct or breach of these Terms and Conditions.

Termination

To the extent permitted by law (including but not limited to the Australian Consumer Law), we reserve the right, without obligation or liability to you or any third party, to take any of the following actions at our sole discretion at any time and for any reason without giving you any prior notice:

• restrict, suspend or terminate your access to all or any part of the Site (including your account) temporarily or permanently;
• terminate your account or prevent you from accessing all or parts of your account details or other content contained in your account temporarily or permanently;
• establish general rules concerning use of the Site.

Personal Data

All orders are subject to our “Privacy Policy” which can be viewed and downloaded here: Privacy Policy

You can download these Terms of Sale here: Terms of Sale

Other important terms

This contract is between you and us. No other person shall have any rights to enforce any of its terms.

If any court or relevant authority decides that any of them are void, unlawful or unenforceable then that part will be deemed to be severable from the balance of these Terms and Conditions and the severed part will not affect the validity and enforceability of any remaining provisions that will remain in full force and effect.

Not for resale or export

The Customer agrees and states that they are making the purchase for their own use and not for commercial resale or export.

Transfer and assignment

You agree and acknowledge that, in the event that Acushnet Company merges with, sells, or otherwise changes control of our company, our business, or the Site to a third party:

• we shall be permitted without giving notice or seeking prior consent from you to disclose the personal information and other data that we have collected from you to the third party; and
• we shall be entitled to assign the benefit of any agreements we have with you to the third party.

Governing Law.

This Site and all sales shall be governed by, and your browsing in and use of the Site shall be deemed acceptance of, the laws of New South Wales, Australia, without regard to the principles of conflicts of laws. Any dispute in connection to your use of this Site shall be heard only in a federal or state court of competent jurisdiction located in New South Wales. By using this Site, you consent to the personal jurisdiction of such courts. If any of the terms and conditions stated herein are found to be unlawful or unenforceable for any reason, that provision will be severable from the rest of these terms and conditions and shall not affect the enforceability of the remaining terms and conditions. This legal notice states the entire agreement between us with respect to your use of the Site, which agreement may only be amended in a writing signed by an authorised officer of Acushnet Company. Notwithstanding the foregoing, this Site may be viewed internationally and may contain references to products or services not available in all countries. If we do not exercise or enforce any right or provision under these Terms and Conditions, it will not constitute a waiver of such right or provision. Any waiver of any provision under these Terms and Conditions will only be effective if it is in writing and signed by us. References to a particular product or service do not imply that Acushnet Company intends to make such products or services available in such countries.

©2022 Acushnet Company

This copyright notice applies to all proprietary pages, images, text, programs, and other material available throughout this Site.

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You can also reach FootJoy by calling 0800 787 006 for New Zealand