Terms & Conditions

1. Interpretation In these Terms and Conditions ( Terms ), the following words and phrases shall have the following meanings: “the Buyer” means the person, firm or company who purchases Goods from the Company: “the Company” means [ West Byfleet Pro Shop]; “Contract” means the contract between the Company and the Buyer which shall be deemed to incorporate these Terms; “Goods” means any goods agreed in the Contract to be supplied by the Company to the Buyer; “Place of Delivery” means the place to which the Goods are to be delivered. In these Terms, reference to any statute or statutory provision shall be construed as a reference to such statute or statutory provision as amended, modified, re-enacted or replaced from time-to-time.

2. The Contract The Contract shall be on these Terms to the exclusion of all other terms and conditions, including any such terms and conditions that are purported to be included or applied by the Buyer. No terms and conditions contained in the confirmation of order, purchase order or other document of the Buyer will form part of the Contract.

3. Delivery Any dates specified by the Company for delivery of the Goods are intended to be an estimate only. If no date is specified for delivery of the Goods, delivery shall be within a reasonable time. Subject to the other provisions of these Terms, the Company shall not be liable for any loss, whether direct or consequential, economic or loss of profits or otherwise, arising directly or indirectly out of any delay in the delivery of the Goods nor will any delay entitle the Buyer to terminate or rescind the Contract unless the delay exceeds 60 days.

4. Postage Type & Costs Quoted delivery charges are only applicable to orders being sent to mainland UK addresses, if you require items to be sent to other destinations please email us first for an accurate price. The company reserves the right to cancel and refund any orders that are received for delivery to non UK addresses. All products are shipped using Royal Mail Recorded Signed For service and charged at £5 per delivery for all orders under £30, and £8.50 for orders below £100. Orders totalling over £100 will be shipped free of charge.

5. Risk in and Ownership of the Goods Risk in the Goods shall pass to the Buyer on delivery Ownership in the Goods shall not pass to the Buyer until the Company has received in full in cleared funds all sums due to the Company in respect of the Goods and all other sums which are or may become due to the Company from the Buyer on any account. Until ownership of the Goods has passed to the Buyer, the Buyer shall: hold the Goods on a fiduciary basis as the Company’s bailee; store the Goods separately from all other goods of the Buyer or any third party in such a way that they remain identifiable as the Company’s property; not destroy or deface any identifying mark on the Goods or their packaging; maintain the Goods in satisfactory condition insured with the Company’s interest noted on the policy and hold any proceeds of such insurance on trust for the Company and not mix them with any other money.

6. PriceThe price for the Goods shall, unless otherwise agreed, be the price set out on in the Company’s price list and on the company’s web site. The price for the Goods shall be displayed on the price list and web site inclusive of vat but exclusive of all costs of carriage and insurance which the Buyer shall pay in addition.

7. Payment Subject to paragraph 5, payment of the price of the Goods shall be due before the goods are shipped. Payment shall not be deemed to have taken place until the receipt by the Company of cleared funds.

8. Warranties The Company warrants that the Goods are of satisfactory quality. If the Buyer wishes to make a claim under this warranty, the Buyer shall give written notice to the Company within 14 days of the discovery of the defect and give the Company a reasonable opportunity to inspect the Goods in question. The Company shall not be liable for any breach of warranty if the Buyer makes any further use of the Goods after giving such notice or alters or repairs the Goods without the agreement of the Company. The Company’s liability under the warranty shall be limited to repairing or replacing the Goods in question or refunding the price of such Goods.

9. Returns All goods returned to the Company, whether incorrectly supplied, unwanted, damaged, or faulty, will only be accepted subject to the following terms and conditions:- Returned goods will only be accepted if they are within warranty. No refund or replacement can be made against goods which cannot be identified as coming from the customer who is returning them. Goods must be returned complete, including where appropriate all packaging, manuals, CDs etc, and in an acceptable condition. The Company will aim to refund unwanted items within 7 days from the receipt of the returned goods.

10.Limitation of Liability The Company’s liability in contract, tort or otherwise arising out of the subject matter of the Contract shall not exceed the original price of the goods and the Company shall under no circumstances be liable to the Buyer for any consequential, indirect or economic loss or damages.

11. Force Majeure If either party is subject to an event of Force Majeure, that is circumstances outside its reasonable control, including but not limited to war, fire, industrial disputes or civil commotion, it shall notify the other and the first party’s obligations under these Terms shall be suspended until it notifies the other party of the end of such event of Force Majeure.

12. Copyright All PowaKaddy and HillBilly trademarks and logos are the intellectual property of PowaKaddy International Limited

13. Privacy Policy The company are committed to protecting your privacy, we use the information we collect from your shopping experience here to process orders. We will only use the information that we collect about you lawfully (in accordance with the Data Protection Act 1998). If you agree to join our mailing list then we use the e-mail address you supply, to inform you of updated product information and special offers. Any data collected will never be sold or passed on to any third party.

14. General If any part of these Terms is found to be void or unenforceable by any Court of competent jurisdiction, such part shall be severed from these Terms which will otherwise remain in full force and effect. These Terms shall be governed by and interpreted according to English Law and the parties submit to the exclusive jurisdiction of the English Courts.