TERMS & CONDITIONS
THIS DOCUMENT CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU, PLEASE READ IT CAREFULLY.
TERMS AND CONDITIONS OF SALE
These Terms and Conditions of Sale, including any documents referenced herein (collectively, the “Agreement”), contain all the terms and conditions applicable to purchases of grips and non-grip merchandise (“Products”) made by You, or if You represent an entity or other organization, that entity or organization (in either case, “You” or “Your”) from Eaton Corporation’s Golf Pride division (“Golf Pride”) through the Golf Pride online store (the “Site”). By placing an order with Golf Pride, You agree to be bound by and accept the Agreement terms. The terms and conditions of the Agreement are subject to change at any time, without prior written notice, in Golf Pride's sole discretion. IF YOU ARE PURCHASING PRODUCTS OUTSIDE THE UNITED STATES, YOUR PURCHASES MAY BE GOVERNED BY DIFFERENT TERMS, AS SET FORTH IN THE COUNTRY-SPECIFIC ADDENDA THAT FOLLOW THESE TERMS AND CONDITIONS OF SALE.
Governing Law
THIS AGREEMENT (AND ANY CLAIM OR DISPUTE ARISING IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF THE SITE) IS GOVERNED BY AND SHALL BE CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF OHIO, WITHOUT REGARD TO ITS PRINCIPLES OF CONFLICTS OF LAW. ALL DISPUTES ARISING OUT OF THIS AGREEMENT SHALL BE RESOLVED BY ARBITRATION IN CUYOHOGA COUNTY, OHIO, BY ONE ARBITRATOR AND IN ACCORDANCE WITH THE COMMERCIAL RULES OF THE AMERICAN ARBITRATION ASSOCIATION. THE UNITED NATIONS CONVENTION ON THE INTERNATIONAL SALE OF GOODS DOES NOT APPLY TO THIS AGREEMENT.
Order Acceptance
Orders are not binding upon Golf Pride until accepted by Golf Pride. Golf Pride’s acceptance of Your order takes place when the Products are shipped to You. Golf Pride reserves the right to refuse or decline any order, regardless of whether the order has been confirmed and Your credit card charged. Receipt of an electronic or other form of order confirmation does not signify Golf Pride’s acceptance of Your order, nor does it constitute Golf Pride’s offer to sell. If Your credit card has already been charged for the purchase and Your order is declined, Golf Pride will issue a credit to Your credit card account in the amount of the subject charge.
Payment Terms
Payment must be received by Golf Pride prior to Golf Pride's acceptance of an order. Payment for the Products shall be made by a valid credit card accepted by Golf Pride at the time of order placement. A list of currently acceptable credit cards is available during the checkout process. By inputting Your credit card information at the time of order placement, You represent and warrant that (i) the credit card information You supply is true, correct, and complete, (ii) You are duly authorized to use such credit card for the purchase, (iii) charges incurred by You will be honored by Your credit card company, and (iv) You will pay charges incurred by You at the posted prices, including all applicable taxes, if any.
Prices
All prices posted on the Site are subject to change without notice. The price charged for a Product will be the price in effect at the time the order is placed and will be set out in Your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to Your purchase total and will be itemized in Your shopping cart and in Your order confirmation email.
Taxes
Certain sales or other taxes may apply to Your purchase. For domestic orders, these taxes vary from state to state and will be collected for orders shipped to states where any such taxes are applicable at the time of purchase. The amount of tax charged is based on current state and local tax rates as well as other factors, including the type of item purchased and the shipment destination of the order. Please review and confirm the taxes applied to Your order in Your shopping cart before submission. For international orders from Canada or Mexico, taxes and duties will be collected in accordance with applicable law.
Shipping and Handling Charges
Golf Pride will arrange for shipment of Products purchased based on the delivery options selected by You during checkout. If applicable, separate charges for shipping and handling will be applied to Your order accordingly and will be shown prior to order submission.
Risk of Loss
Loss or damage that occurs during shipping by a carrier selected by Golf Pride is Golf Pride's responsibility. Please contact Golf Pride to report a lost or damaged order and Golf Pride will assist You with a replacement.
Returns, Exchanges and Cancellation
All Product sales are subject to Golf Pride’s Return Policy.
Product Availability
Due to prevailing market conditions, including demand for Products and/or supply constraints, Golf Pride may limit the availability of Products for purchase. Golf Pride reserves the right to adjust Product quantities available for purchase at any time, even after order placement.
Product Images
Products shown on the Site are actual sample Products, including potential color combinations. Golf Pride is not responsible for variations of on-screen computer resolution and color calibration, which may result in a slight variation between the Product viewed on-screen and the Product actually delivered.
Disclaimer of Warranties.
Golf Pride guarantees all grip purchases exclusively per the terms of Golf Pride’s Return Policy. EXCEPT FOR WARRANTY OF TITLE, GOLF PRIDE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Errors
Golf Pride attempts to ensure that information on the Site is accurate, complete and current. These attempts notwithstanding, there may be instances where information on the Site contains inaccurate or incomplete data, including with respect to availability and pricing of Products. GOLF PRIDE MAKES NO GUARANTEE THAT INFORMATION CONTAINED ON THE SITE IS ACCURATE, COMPLETE OR ERROR-FREE.
In the event a Product is listed at an incorrect price or with incorrect information, Golf Pride will attempt to correct the error once discovered. Golf Pride reserves the right to revoke any stated offer for any reason and to correct any inaccuracies or omissions, including after an order has been submitted and whether or not the order has been confirmed and Your credit card charged. If Your credit card has already been charged for the purchase and Your order is cancelled, Golf Pride will issue a credit to Your credit card in the amount of the charge and shall not incur any additional liability for such cancellation.
Eaton Marks
Eaton Corporation or its affiliate or subsidiary companies own the trade names, trademarks, and service marks on the Products, including without limitation “Golf Pride”, the Golf Pride logo, and any related names and marks (collectively, “Eaton Marks”). All trademarks and service marks on the Products not owned by Eaton Corporation or its affiliate or subsidiary companies are the property of their respective owners. You may not use Eaton Marks in connection with any Product or service that is not Eaton’s, or in any manner that is likely to cause confusion. Nothing contained herein, on the Site, or on the Products, should be construed as granting any license or right to use any Eaton Marks without the express prior written consent of Eaton.
Intellectual Property
Eaton Corporation is and will remain the sole and exclusive owner of all rights in and to Intellectual Property relating to any Product manufactured by Golf Pride and made available on this Site, including any related specifications, instructions, documentation or other data and/or materials (“Eaton IP”). You do not and will not have or acquire any right, title, interest or ownership in or to any Eaton IP. “Intellectual Property” means all inventions, patents, patent applications, know-how, trade secrets, design rights, copyrights, trademarks, and other proprietary rights relating to intangible property.
Compliance With Applicable Law; Representations
By using the Site, You agree that You shall comply with all laws, rules and regulations of any authority having jurisdiction over You or the transaction(s) entered into pursuant to this Agreement. Further, You represent and warrant that (i) You have the legal right and authority to enter into this Agreement and to perform Your obligations pursuant thereto; (ii) this Agreement forms a binding legal obligation enforceable against You; and (iii) Products purchased pursuant to this Agreement are for Your own use and not for resale or export.
If Golf Pride reasonably determines that an order made pursuant to this Agreement is intended for resale or export, Golf Pride reserves the right, in its sole discretion, and in addition to any additional remedies available at law or equity, to: (i) suspend the application of any Golf Pride policy, term or condition that provides a right or benefit intended for direct-to-consumer purchases; and/or (ii) take any action to hinder such order (and deter future orders), including, without limitation, restricting sales to any consumer or consumer account, cancel orders, charge restocking fees, impose purchase quantity limits, decline to issue refunds or take returns, deny access to the Site, and/or suspend or close any account.
Limitation of Liability
Golf Pride will not be liable for any failure or delay in performance due in whole or in part to any cause beyond Golf Pride's reasonable control including, but not limited to, strikes, riots, wars, fires, terrorist acts, acts of God or acts of any governmental authority or of You. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL GOLF PRIDE BE LIABLE TO YOU, IN CONTRACT, IN TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY) OR OTHERWISE, FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHATSOEVER, REGARDLESS OF WHETHER SUCH POTENTIAL DAMAGES ARE FORESEEABLE OR IF GOLF PRIDE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL CUMULATIVE LIABILITY OF GOLF PRIDE ARISING FROM OR RELATED TO ANY ORDER ISSUED PURSUANT TO THIS AGREEMENT, WHETHER THE CLAIMS ARE BASED IN CONTRACT, IN TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY) OR OTHERWISE, SHALL NOT EXCEED THE PRICE OF THE PRODUCT UPON WHICH SUCH LIABILITY IS BASED.
Severability
If any provision of this Agreement conflicts with the governing law under which this Agreement is to be construed or if any provision of this Agreement is held invalid or unenforceable by a court of competent jurisdiction, that provision will be deemed to be restated to reflect as nearly as possible the original intention of such provision in accordance with applicable law. If any such provision cannot be restated in the manner described above, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
