Terms of service

 

TERMS OF SERVICE

OVERVIEW

Welcome to PGM GOLF.

The terms “we”, “us” and “our” refer to PGM GOLF. PGM GOLF operates this store and website, including all related information, content, features, tools, products and services, in order to provide you, the customer, with a curated shopping experience (the “Services”).

PGM GOLF is powered by Shopify, which enables us to provide the Services to you.

The following terms and conditions, together with any policies referenced herein (these “Terms of Service” or “Terms”), describe your rights and responsibilities when you use the Services.

Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.

By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy.

If you do not agree to these Terms of Service or our Privacy Policy, you should not use or access our Services.

SECTION 1 - ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state, province, or jurisdiction of residence, or that you have obtained any legally required parental or guardian consent.

To use the Services, including accessing or browsing our online store or purchasing any products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information.

You represent and warrant that all information you provide to us is accurate, current, and complete, and that you have all rights necessary to provide such information.

You are solely responsible for maintaining the confidentiality and security of your account credentials and for all activity conducted through your account.

You may not transfer, sell, assign, or license your account to another person without our prior written consent.

SECTION 2 - OUR PRODUCTS

We make reasonable efforts to accurately display and describe the products and services offered through our online store.

However, product colors, finishes, textures, dimensions, and overall appearance may vary slightly due to screen settings, lighting, photography, manufacturing tolerances, and other factors.

Such minor variations do not necessarily constitute product defects.

All product descriptions, specifications, pricing, availability, and other information are subject to change at any time without notice.

We reserve the right to discontinue any product at any time and may limit the quantities of products available to any individual, household, geographic region, or jurisdiction on a case-by-case basis.

Certain golf products may have normal manufacturing tolerances relating to weight, loft, lie, shaft specifications, finish, dimensions, and other technical characteristics.

SECTION 3 - ORDERS

When you place an order, you are making an offer to purchase products from PGM GOLF.

PGM GOLF reserves the right to accept, decline, limit, or cancel an order at our discretion, including in cases involving:

  • Product availability
  • Pricing or listing errors
  • Payment authorization issues
  • Suspected fraud
  • Abnormal purchasing activity
  • Shipping restrictions
  • Other circumstances that may prevent fulfillment

Your order is not considered accepted until PGM GOLF confirms acceptance and successfully processes the applicable payment.

Please review your order carefully before submitting it, as we may be unable to accommodate cancellation or modification requests once an order has entered processing or fulfillment.

If we decline, modify, or cancel an order, we will attempt to notify you using the email address, billing information, phone number, or other contact information provided with the order.

Returns, refunds, and exchanges are governed by our Refund Policy.

Unless otherwise agreed by PGM GOLF in writing, purchases made through our consumer online store are intended for personal or household use and not for unauthorized commercial resale.

For wholesale, distributor, dealer, club, corporate, or other commercial purchase inquiries, please contact us directly.

SECTION 4 - PRICES AND BILLING

Prices, discounts, promotions, and product availability are subject to change without notice.

The price charged for a product or service will generally be the price displayed at the time the order is placed and will be shown in your order confirmation.

Unless otherwise stated, displayed prices may not include:

  • Applicable taxes
  • Shipping fees
  • Handling charges
  • Customs duties
  • Import taxes
  • Other governmental charges

Prices displayed on our online store may differ from prices available through retailers, distributors, marketplaces, physical stores, promotional campaigns, or other sales channels.

Promotions may be subject to separate terms and conditions. If promotional terms conflict with these Terms, the specific promotional terms will apply to that promotion.

You agree to provide current, complete, and accurate purchase, payment, billing, and account information for all transactions.

You agree to promptly update your information as necessary so that we can process your transactions and contact you when needed.

You represent and warrant that:

  1. The payment information you provide is accurate and complete;
  2. You are authorized to use the selected payment method;
  3. Charges incurred by you will be honored by the applicable payment provider; and
  4. You will pay all applicable charges associated with your purchase.

SECTION 5 - SHIPPING AND DELIVERY

Delivery dates and transit times provided by PGM GOLF are estimates only and are not guaranteed unless expressly stated otherwise.

Shipping and delivery may be affected by factors outside our reasonable control, including:

  • Carrier delays
  • Weather conditions
  • Customs processing
  • Peak-season congestion
  • Incorrect or incomplete delivery information
  • Government restrictions
  • Natural disasters
  • Other unforeseen events

PGM GOLF is not responsible for delays caused by circumstances outside our reasonable control.

If your order is lost, arrives damaged, or experiences a delivery issue, please contact us at:

support@shoppgmgolf.com

We will review the matter and provide reasonable assistance in accordance with our applicable policies.

Additional delivery terms may be described in our Shipping Policy.

SECTION 6 - PRODUCT MODIFICATIONS AND CUSTOMIZATION

Products that have been altered, customized, modified, or repaired after purchase may no longer be eligible for return, exchange, refund, or warranty coverage.

Examples include, but are not limited to:

  • Re-shafting
  • Re-gripping
  • Cutting or extending shafts
  • Painting or refinishing
  • Loft adjustments
  • Lie adjustments
  • Drilling
  • Grinding
  • Weight modifications
  • Structural modifications
  • Unauthorized repair work

Eligibility for returns, refunds, exchanges, or warranty coverage for modified products will be determined in accordance with our Refund Policy and, where applicable, our Warranty Policy.

SECTION 7 - INTELLECTUAL PROPERTY

Our Services, including but not limited to all trademarks, brand names, logos, text, images, product photography, graphics, product reviews, videos, audio, product designs, website layouts, and other materials, are owned by PGM GOLF, its affiliates, licensors, or applicable rights holders.

Such materials are protected by applicable intellectual property laws.

These Terms permit you to use the Services for personal and non-commercial purposes only.

Without our prior written permission, you may not:

  • Reproduce
  • Distribute
  • Modify
  • Republish
  • Download
  • Store
  • Transmit
  • Commercially exploit
  • Create derivative works from

any protected content made available through the Services.

Except as expressly permitted, nothing in these Terms grants you any license or other rights under any patent, trademark, copyright, design right, or other intellectual property belonging to PGM GOLF, Shopify, or any third party.

PGM GOLF names, logos, product names, service names, designs, and slogans are trademarks or intellectual property of PGM GOLF or its applicable affiliates or licensors.

You may not use such intellectual property without prior written permission.

Shopify’s name, logo, product names, service names, designs, and slogans are trademarks of Shopify.

All other trademarks appearing on the Services belong to their respective owners.

SECTION 8 - OPTIONAL TOOLS

You may be provided with access to tools, applications, software, or services offered by third parties.

We do not necessarily monitor, control, or operate such third-party tools.

You acknowledge and agree that access to such tools may be provided on an “as is” and “as available” basis without warranties, representations, endorsements, or conditions of any kind.

Your use of optional third-party tools is at your own risk and discretion.

You should review and understand the applicable third-party provider’s terms and policies before using such tools.

We may introduce new features, tools, or resources in the future. Such additions will also form part of the Services and will be subject to these Terms.

SECTION 9 - THIRD-PARTY LINKS

The Services may contain links, integrations, content, or functionality provided by third parties.

We are not responsible for reviewing, evaluating, or guaranteeing the accuracy, availability, security, legality, or quality of third-party websites, products, services, or content.

If you access a third-party website or service through our website, you do so at your own risk.

PGM GOLF is not responsible for losses, damages, claims, or disputes arising from your use of third-party websites, products, services, content, or resources.

Please carefully review the applicable third party’s policies and terms before entering into any transaction.

Questions or complaints regarding third-party products or services should be directed to the applicable third party.

SECTION 10 - RELATIONSHIP WITH SHOPIFY

PGM GOLF is powered by Shopify, which enables us to provide the Services to you.

However, any purchases and sales made through our store are transactions directly between you and PGM GOLF.

By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of the sales transaction between you and PGM GOLF, including any injury, damage, loss, refund, delivery issue, product issue, or other dispute arising from products or services purchased from PGM GOLF.

To the extent permitted by applicable law, you release Shopify and its affiliates from claims, damages, and liabilities arising directly from your purchases and transactions with PGM GOLF.

SECTION 11 - PRIVACY POLICY

All personal information collected through the Services is subject to our Privacy Policy.

Certain information may also be processed in accordance with Shopify’s privacy practices.

Because the Services are hosted by Shopify, Shopify may collect and process information relating to your access to and use of the Services in order to provide, secure, maintain, and improve the platform.

Information provided through the Services may also be transmitted to and processed by service providers and partners located in jurisdictions outside your place of residence.

Please review our Privacy Policy for more information about how we collect, use, disclose, store, and protect personal information.

SECTION 12 - FEEDBACK

If you submit, upload, post, email, review, or otherwise transmit any ideas, suggestions, comments, feedback, reviews, proposals, plans, photographs, videos, or other content (“Feedback”), you grant PGM GOLF a worldwide, perpetual, royalty-free, transferable, and sublicensable license to use, reproduce, modify, publish, distribute, display, and otherwise use such Feedback for lawful business purposes.

You represent and warrant that:

  1. You own or have the necessary rights to submit the Feedback;
  2. You have disclosed any compensation or incentives received in connection with the Feedback where required by law; and
  3. Your Feedback complies with these Terms and applicable laws.

We are not obligated to:

  • Maintain Feedback in confidence;
  • Pay compensation for Feedback; or
  • Respond to Feedback.

We may monitor, edit, refuse, or remove Feedback that we reasonably believe is unlawful, offensive, defamatory, obscene, misleading, infringing, abusive, or otherwise inappropriate.

You agree that your Feedback will not violate the rights of any third party, including copyright, trademark, privacy, publicity, or other proprietary rights.

You are responsible for the content and accuracy of your Feedback.

SECTION 13 - ERRORS, INACCURACIES AND OMISSIONS

From time to time, information made available through the Services may contain typographical errors, inaccuracies, omissions, or outdated information.

These may relate to:

  • Product descriptions
  • Specifications
  • Pricing
  • Discounts
  • Promotions
  • Shipping charges
  • Delivery estimates
  • Inventory availability
  • Product images
  • Other information

We reserve the right to correct errors, inaccuracies, or omissions and to update or change information at any time.

Where permitted by applicable law, we may also cancel or modify orders affected by material pricing, product, inventory, or listing errors.

If an affected order has already been paid, any appropriate refund will be handled in accordance with applicable law and our policies.

SECTION 14 - PROHIBITED USES

You may use the Services only for lawful purposes.

You may not use the Services directly or indirectly:

  • For unlawful, fraudulent, or malicious purposes;
  • To violate applicable laws or regulations;
  • To infringe intellectual property rights;
  • To harass, threaten, defame, abuse, or harm another person;
  • To submit false or misleading information;
  • To distribute spam or unsolicited promotional communications;
  • To impersonate another person or organization;
  • To interfere with the operation or security of the Services;
  • To collect personal information without authorization;
  • To upload or transmit malware, viruses, malicious code, or harmful technologies;
  • To bypass or circumvent technical or security measures;
  • To scrape, harvest, copy, extract, or exploit the Services without authorization.

We reserve the right to suspend, restrict, or terminate access if we reasonably believe these Terms have been violated.

SECTION 15 - AGENTS AND AUTOMATED ACCESS

If you use software, automated services, artificial intelligence systems, bots, crawlers, agents, or other automated technology to access or interact with the Services, such use must comply with these Terms and all applicable technical restrictions.

Automated systems must not:

  • Conceal their automated nature;
  • Circumvent CAPTCHAs;
  • Bypass security controls;
  • Misrepresent themselves as human users;
  • Circumvent rate limits or access restrictions;
  • Scrape, copy, or extract content contrary to our instructions or applicable law.

We reserve the right to restrict or block automated access at our discretion.

SECTION 16 - TERMINATION

We may suspend or terminate your access to the Services, or any portion of the Services, where reasonably necessary, including where you violate these Terms, applicable law, or our policies.

You will remain responsible for amounts properly owed before termination.

Sections relating to intellectual property, feedback, disclaimers, limitations of liability, indemnification, severability, governing law, privacy, and other provisions that by their nature are intended to survive termination will continue to apply.

SECTION 17 - DISCLAIMER OF WARRANTIES

Information presented through the Services is provided for general informational purposes.

While we make reasonable efforts to maintain accurate information, we do not guarantee that all website content will always be complete, current, or error-free.

Except where expressly stated by PGM GOLF or required by applicable law, the Services are provided on an “as is” and “as available” basis.

To the fullest extent permitted by law, we disclaim implied warranties or conditions relating to:

  • Merchantability
  • Fitness for a particular purpose
  • Durability
  • Title
  • Non-infringement

We do not guarantee that the Services will always be uninterrupted, timely, secure, or error-free.

Nothing in these Terms excludes warranties, guarantees, or consumer rights that cannot lawfully be excluded.

SECTION 18 - LIMITATION OF LIABILITY

To the fullest extent permitted by applicable law, PGM GOLF, its affiliates, directors, officers, employees, agents, contractors, licensors, service providers, and partners will not be liable for indirect, incidental, special, punitive, or consequential damages arising from or relating to your use of the Services or products purchased through the Services.

This may include, without limitation:

  • Lost profits
  • Lost revenue
  • Loss of savings
  • Loss of data
  • Replacement costs
  • Business interruption

Nothing in these Terms limits or excludes liability that cannot legally be limited or excluded under applicable law.

SECTION 19 - INDEMNIFICATION

You agree, to the extent permitted by applicable law, to indemnify, defend, and hold harmless PGM GOLF, Shopify, and our respective affiliates, officers, directors, employees, agents, contractors, licensors, and service providers from third-party claims, losses, damages, liabilities, and reasonable legal fees arising from:

  1. Your breach of these Terms;
  2. Your violation of applicable law;
  3. Your infringement of another party’s rights; or
  4. Your misuse of the Services.

We may participate in or control the defense of an applicable claim where legally permitted.

SECTION 20 - SEVERABILITY

If any provision of these Terms is determined to be unlawful, invalid, void, or unenforceable, that provision will be enforced to the maximum extent permitted by law.

The unenforceable portion will be deemed severed from these Terms without affecting the validity or enforceability of the remaining provisions.

SECTION 21 - WAIVER; ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of that right or provision.

These Terms, together with policies and operating rules posted on our website and incorporated by reference, constitute the entire agreement between you and PGM GOLF regarding use of the Services.

They supersede prior or contemporaneous agreements, communications, representations, or proposals relating to the Services.

SECTION 22 - ASSIGNMENT

You may not transfer or assign your rights or obligations under these Terms without our prior written consent.

PGM GOLF may transfer, assign, or delegate its rights and obligations under these Terms where permitted by applicable law.

SECTION 23 - GOVERNING LAW

These Terms of Service and any separate agreements through which PGM GOLF provides Services shall be governed by and construed in accordance with the laws of the State of Texas, United States, without regard to its conflict-of-law principles.

Any dispute arising out of or relating to these Terms or the Services shall be subject to the applicable courts and jurisdiction of the State of Texas, except where otherwise required by applicable consumer protection laws.

Nothing in this section limits any mandatory rights or remedies available to consumers under applicable law.

SECTION 24 - HEADINGS

The headings used in these Terms are included for convenience only and will not limit or otherwise affect the interpretation of these Terms.

SECTION 25 - CHANGES TO TERMS OF SERVICE

You may review the most current version of these Terms of Service at any time on this page.

We reserve the right to update, modify, or replace any portion of these Terms by posting an updated version on our website.

Where required by applicable law, we will provide appropriate notice of material changes.

Your continued use of the Services after updated Terms become effective constitutes acceptance of those updated Terms, subject to applicable law.

SECTION 26 - RELATED POLICIES

These Terms of Service should be read together with the following policies, which form part of the terms governing use of our website and purchases from PGM GOLF:

Where a specific policy governs a particular matter, the more specific policy will apply to that matter.

SECTION 27 - CONTACT INFORMATION

Questions regarding these Terms of Service may be sent to:

PGM GOLF Customer Support
Email: support@shoppgmgolf.com