Terms And Conditions Of Use

 WEBSITE TERMS AND CONDITIONS

In these terms and conditions, “we” “us” and “our” refers to MDR Golf Design.  Your access to and use of all information on this website including purchase of our product/s is provided subject to the following terms and conditions.  The information is intended for residents within New Zealand only.

We reserve the right to amend this Notice at any time and your use of the website following any amendments will constitute agreeance to these terms and conditions (including any amendments).  We recommend that each time you access our website you read these terms and conditions.

Our Website Services

1. Our services are provided to adults over the age of eighteen (18) years.  By proceeding to purchase through our website, you acknowledge that you are over 18 years of age.
2. All prices advertised on this website are in New Zealand Dollars (NZD) and are inclusive of GST.

Provision of Information

1. In order to access the services provided on this website, you must provide your personal details. (Please refer to our Privacy Policy for information relating to our collection, storage and use of the details you provide).
2. You agree to ensure that the details you provide are true and accurate at all times. 
3. We reserve the right to terminate your registration at any time if you breach these terms and conditions.
4. Our services are intended to be used by users within New Zealand only.

Product Descriptions

1. We describe our products as accurately as possible on our website, however we do not warrant that the description is accurate.  Where we become aware of any error or omission, we reserve the right to correct that information. 
2. Images are displayed for illustrative purposes only. We do not guarantee that any image will reproduce in true colour nor that any given image will reflect or portray the full design or options relating to that product.

Product Orders

1. Our products are for sale to adults over the age of eighteen (18) years.  By proceeding to purchase through our website, you acknowledge that you are over 18 years of age.
2. We supply and dispatch our products to customers within New Zealand only.
3. We endeavour to ensure that our product list is current however we give no undertaking as to the availability of any product advertised on our website.
4. All prices are in New Zealand Dollars (NZD) and are inclusive of GST. 
5. We reserve the right to amend our prices at any time. 
6. Postage is an additional charge, calculated at time of purchase.
7. When you order from us, we require you to provide your name, address for delivery, your email address, telephone contact and payment details (This can include credit card details).  We undertake to take due care with this information, however in providing us with such information you accept that we are not liable for its misuse due to error in transmission or virus or malware.
8. We undertake to accept or reject your order within 7 days.  If we have not responded to you within 7 days, your offer is deemed to be rejected.  We are not required to give reasons for rejecting your offer to purchase however the most likely reason for rejecting your offer will be that we do not currently have that product in stock.
9. Delivery of your ordered product/s will be as set out on our website.  Title in the goods passes to you when we have received payment.  All risk of loss or damage to the goods passes to you when we dispatch the goods.

Order Cancellation Due to Error

1. Where a product has been listed at the incorrect price or with incorrect descriptive information or image due to typographical error or similar oversight, we reserve the right to cancel a transaction.  Where your credit card has been charged, we will immediately refund your credit card for the total amount debited.

Product Returns / Order Cancellation Policy

1. We undertake to replace any product delivered to you that arrives in a faulty or damaged condition. If you wish to return any such faulty or damaged product, you must notify us through our designated “contact us” webpage.
2. We reserve the right to repair or replace any such faulty or damaged goods, (at our discretion).
3. If we are unable at the time of return to replace or exchange returned goods, we undertake to reimburse you for the amount initially debited for the purchase including packaging and postage charges.
4. Once you have notified us through our website that you wish to return a faulty or damaged product, we will contact you to provide information on how to return, or have the item collected by our forwarding agent (if applicable).
5. There are absolutely no “Change of mind cancellations or returns”. ‘Changing your mind about a purchase’ is not a valid reason for return of that product, cancellation of any order or for any refund. Products will only be accepted for return if they are deemed by us to be “faulty or damaged” as per the aforementioned policy, and that any such fault or damage was in place when the item was supplied by us or caused by an agent of ours
6. It is your responsibility (as the purchaser) to ensure that the item you chose to buy is the correct item to suit your needs and that it is fit for the purpose you require. We take no responsibility for incorrect choice of model, style, size, colour, weight or any other advertised feature or any change of circumstances on behalf of the purchaser.
7. (Acceptance of order cancellation). Any decision to accept cancellation of any order due to an error or any other circumstance as a result of the purchaser is solely at our discretion, and (if accepted) will incur a cancelation fee equivalent to 20 percent of the total order price (including freight charges).
   
8. We will always abide by our obligations under the Consumers Guarantees Act and the Fair-Trading Act.
9. (Return of products) Any decision to accept the return of goods or products outside of our returns policy conditions is solely at our discretion, and will rely on the product or products being returned at the customers expense and in their original and re saleable condition. Any such returns (if accepted) will incur a re-stocking fee equivalent to 25 percent of the original purchase price.

Postage and Packaging

1. It is the responsibility of the purchaser to ensure that they enter their delivery details (including delivery address) correctly and accurately when purchasing any item.
2. it is also the responsibility of the purchaser to ensure that they select the correct freight option from the available choices when completing any order/s (eg. Rural Delivery option, North or South Island location).
3. Should a purchaser select an incorrect freight option, we will contact the them and request that they correct the freight option selection/s. The Purchaser will need to complete any aditional payment required to correct the freight option for their address prior to the order being dispatched. Please note that ’Not willing to pay any additional freight charges as required to correct any ‘incorrect freight option’ is not a valid reason for cancellation of any order or for any refund. 
   
   Any decision to cancel an order due to the purchaser not willing to pay any additional freight charges as required to correct any ‘incorrect freight option’ is solely at our discretion. Any such cancellation (if accepted) will incur a cancellation fee equivalent to 15 percent of the original purchase price.
   

   (Including Postage charges).

Site Access

1. When you visit our website, we give you a limited licence to access and use our information for personal use.
2. You are permitted to download a copy of the information on this website to your computer for your personal use only provided that you do not delete or change any copyright symbol, trade mark or other proprietary notice.  Your use of our content in any other way infringes our intellectual property rights.
3. Except as permitted under the Copyright Act 1962, you are not permitted to copy, reproduce, republish, distribute or display any of the information on this website without our prior written permission.
4. The licence to access and use the information on our website does not include the right to use any data mining robots or other extraction tools.  The licence also does not permit you to metatag or mirror our website without our prior written permission. We reserve the right to serve you with notice if we become aware of your metatag or mirroring of our website.

Hyperlinks

1. This website may from time to time contain hyperlinks to other websites.  Such links are provided for convenience only and we take no responsibility for the content and maintenance of or privacy compliance by any linked website.  Any hyperlink on our website to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products which they provide.
2. You may link our website without our consent.  Any such linking will be entirely your responsibility and at your expense.  By linking, you must not alter any of our website's contents including any intellectual property notices and you must not frame or reformat any of our pages, files, images, text or other materials.

Disclaimers

1. Whilst we have taken all due care in providing the information on our website, we do not provide any warranty either express or implied including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose.
2. To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded. 
3. We also take all due care in ensuring that our website is free of any virus, worm, Trojan horse and/or malware, however we are not responsible for any damage to your computer system which arises in connection with your use of our website or any linked website.
4. From time to time, we may host third party content on our website such as advertisements and endorsements belonging to other traders.  Responsibility for the content of such material rests with the owners of that material and we are not responsible for any errors or omissions in such material.

Limitation of Liability

1. To the full extent permitted by law, our liability for breach of an implied warranty or condition is limited to the supply of the goods and/or services again or payment of the costs of having those goods and/or services supplied again.
2. We accept no liability for any loss whatsoever including consequential loss suffered by you arising from services and/or product/s we have supplied.

Indemnity

1. By accessing our website, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with your use of our website. 

Force Majeure

1. If a Force Majeure event causing delay continues for more than 30 days, we may terminate this Agreement by giving at least 7 days notice to you.  “Force Majeure” means any act, circumstance or omission over which we could not reasonably have exercised control.

Jurisdiction

1. These terms and conditions are to be governed by and construed in accordance with the laws of New Zealand and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in New Zealand and you agree to submit to the jurisdiction of those Courts.
2. If any provision in these terms and conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity.  If necessary, the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.

Privacy

1. We undertake to take all due care with any information which you may provide to us when accessing our website. However, we do not warrant and cannot ensure the security of any information which you may provide to us.  Information you transmit to us is entirely at your own risk although we undertake to take reasonable steps to preserve such information in a secure manner.
2. Our compliance with privacy legislation is set out in our separate Privacy Policy which may be accessed from our home page.