Terms of service
TERMS AND CONDITIONS
Last updated: [Insert Date, e.g., April 2026]
These Terms and Conditions ("Terms") govern your use of the website [www.smartmonkeygolf.com] (the "Website") and all purchases made through it. Please read these Terms carefully before using the Website or placing an order.
1. About Us
The Website is operated by Smart Monkey Golf Ltd ("we", "us" or "our"), a company registered in England and Wales with company registration number 16959019.
Our contact email is enquiries@smartmonkeygolf.com.
2. These Terms
By accessing or using the Website, or by placing an order with us, you agree to be bound by these Terms. If you do not agree, you must not use the Website or place orders.
We may update these Terms from time to time. The updated Terms will be posted on the Website with the new "Last updated" date. Continued use of the Website or placing orders after changes constitutes acceptance of the updated Terms.
3. Use of the Website
You must be at least 18 years old to use the Website and place orders.
You agree to use the Website only for lawful purposes and in accordance with these Terms. You must not misuse the Website (e.g., by introducing viruses, hacking, or attempting unauthorised access).
All content on the Website (including text, images, logos, and product descriptions) is owned by or licensed to Smart Monkey Golf Ltd and protected by copyright and other intellectual property laws. You may not reproduce, distribute, or commercially exploit it without our prior written consent.
4. Ordering and Contract Formation
All orders are subject to acceptance by us and availability of stock. We reserve the right to refuse or cancel orders at any time (e.g., due to errors in pricing or product description, suspected fraud, or stock issues). If we cancel after payment, we will refund you in full.
By placing an order, you make an offer to purchase the goods. A contract between you and us is formed only when we dispatch the goods to you (or send you a dispatch confirmation email). The description of the goods on the Website does not form part of the contract unless expressly agreed otherwise.
Prices are shown inclusive of VAT (where applicable) but exclusive of delivery charges, which are added at checkout. We reserve the right to correct pricing errors before dispatch.
5. Payment
We accept payment via credit/debit cards through secure third-party processors.
Payment must be made in full at the time of ordering. We will not dispatch goods until payment is confirmed.
If you pay by credit or debit card, you confirm that the card is yours or that you have the owner's permission to use it.
6. Delivery
We aim to deliver goods within insert your policy, e.g., 3–7 working days of dispatch, but delivery times are estimates only and not guaranteed unless expressly stated.
Risk in the goods passes to you upon delivery. Ownership passes when we receive full payment.
If goods are damaged on delivery or not received, you must notify us promptly, within 48 hours for visible damage, and 14 days if not delivered.
7. Consumer Cancellation Rights (14-Day Cooling-Off Period)
As a consumer in the UK, you normally have a statutory right under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 to cancel a distance contract within 14 days without giving any reason.
However, this right does not apply to your orders with us because all (or substantially all) of our goods are personalised or made to your specifications (bespoke/custom-made items).
Once you place an order for personalised goods, we begin production or customisation specifically for you. Therefore, you do not have the right to cancel the contract under the 14-day cooling-off period.
This exception is set out in regulation 28(1)(a) of the Consumer Contracts Regulations 2013, which excludes contracts for the supply of goods that are made to the consumer’s specifications or are clearly personalised.
Important notes:
- You should carefully check all measurements, specifications, and customisation options (e.g., engraving, fitting details, colours, or any other personalisation) before placing your order, as cancellations for change of mind will not be accepted.
- This restriction on the 14-day cancellation right does not affect your other statutory rights under the Consumer Rights Act 2015. If the goods are faulty, not of satisfactory quality, not fit for purpose, or not as described, you may still be entitled to a repair, replacement, price reduction, or refund. Please contact us promptly if you believe there is a problem with the goods once received.
For clarity on when production of personalised items typically begins, we recommend reviewing our product pages or contacting us at enquiries@smartmonkeygolf.com before ordering.
Exceptions to the right to cancel include:
- Personalised or custom-made goods (e.g., custom fitted putting mirrors, if made to your specifications).
- Goods that become mixed inseparably with other items.
- Sealed audio/video recordings or computer software once unsealed.
- Perishable or hygiene-sensitive items (if applicable).
For full details, refer to the Consumer Contracts Regulations.
8. Your Statutory Rights (Faulty or Misdescribed Goods)
The 14-day cancellation right is in addition to your rights under the Consumer Rights Act 2015. Goods must be:
- Of satisfactory quality
- Fit for purpose
- As described
- Match any sample
If goods are faulty, misdescribed, or not as ordered, you may be entitled to a repair, replacement, price reduction, or full refund (depending on the circumstances and time elapsed). Contact us as soon as possible if there is a problem.
9. Returns Policy
In addition to your legal rights, we offer 14 day returns on ay non-personalised goods. This does not affect your statutory rights.
Return costs are your responsibility unless the goods are faulty.
10. Our Liability
Nothing in these Terms limits or excludes our liability for:
- Death or personal injury caused by our negligence
- Fraud or fraudulent misrepresentation
- Any other liability that cannot be excluded under UK law
Subject to the above, our total liability to you in connection with any order shall not exceed the price paid for the goods in that order.
We are not liable for any indirect or consequential loss, or for any business losses (e.g., loss of profit, data, or goodwill).
11. Privacy and Data Protection
Your personal data is processed in accordance with our Privacy Policy [link] and applicable data protection laws (including UK GDPR).
12. Intellectual Property
All trademarks, logos, and brand names on the Website (including "Smart Monkey Golf") belong to us or our licensors. You may not use them without our prior written consent.
13. Events Beyond Our Control
We are not liable for delays or failures caused by events outside our reasonable control (e.g., strikes, pandemics, extreme weather, or supplier failures).
14. General
If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions remain in full effect.
These Terms are governed by the laws of England and Wales. Any disputes shall be subject to the non-exclusive jurisdiction of the English courts (or the courts of your local jurisdiction if you are a consumer and this is required by law).
15. Contact Us
If you have any questions about these Terms or your order, please contact us at enquiries@smartmonkeygolf.com.