Effective December 5, 2023

Please read these Terms and Conditions before using our website, www.swag.golf (“Site”). By accessing or using any part of the Site, you agree to be bound by these Terms and Conditions. If you do not agree to all the terms and conditions of this agreement, you are not authorized to access or use this Site. You agree that by accessing the Site, you have read, understood, and agreed to be bound by all these Terms and Conditions (“Terms”).

We reserve the right to modify the Terms at any time at our discretion. When we do, we will revise the updated date at the top of this page. An updated version of this Agreement will be effective immediately upon the posting of the revised Terms unless otherwise specified. Your continued use of the Site after the effective date of the revised Terms (or such other act specified at that time) will constitute your consent to those changes.

TRADEMARKS, COPYRIGHTS AND INTELLECTUAL PROPERTY RIGHTS

“Intellectual Property Rights” means all present and future rights conferred by statute, common law or equity in or in relation to any copyright and related rights, trademarks, designs, patents, inventions, goodwill and the right to sue for passing off, rights to inventions, rights to use, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, rights to claim priority from, such rights and all similar or equivalent rights or forms of protection and any other results of intellectual activity which subsist or will subsist now or in the future in any part of the world. The Terms do not transfer to you any intellectual property owned by Swag Golf or third parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with Swag Golf. All trademarks, service marks, graphics and logos used in connection with the Site are trademarks or registered trademarks of Swag Golf or its licensors. Other trademarks, service marks, graphics and logos used in connection with the Site may be the trademarks of other third parties. Your use of the Website and Services grants you no right or license to reproduce or otherwise use any of Swag Golf or third-party trademarks.

USER REPRESENTATIONS

By using the Site, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms; (4) you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Site; (5) you will not access the Site through automated or non-human means, including but not limit to, using a bot, script or otherwise; (6) you will not use the Site for any illegal or unauthorized purpose; and (7) your use of the Site will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

PROHIBITED USES

You may not use the site for any purpose that is unlawful or prohibited by these Terms. You may not disrupt, disable, overburden or impair any functions of the Site; attempt to gain unauthorized access to any portion of the Site; use data mining, robots, scraping or similar automated or manual methods. You may not disparage any employees of Swag Golf or any parties related thereto.

PRODUCT AVAILABILITY

We may, at our own discretion and without giving reason, limit quantities purchased per person, per household or per order. We reserve the right to refuse service to any customer. We may also require verification of information prior to the acceptance and/or shipment of any order. 

The receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. All orders are subject to acceptance. We will confirm such acceptance by sending an email confirming the shipment of your order.

In the rare case that an order is accepted for an item that is out of stock, we will make every effort to ship the product to you as soon as possible or offer a full refund if the product is not available.

If you have questions regarding your order, please contact us by email at store@swaggolf.com.

PAYMENTS & CONFIRMATION

We gladly accept: American Express, Visa, MasterCard, Discover, Paypal, and Apple Pay. The Swag Golf™ shopping cart includes an 128-bit SSL certificate that is operated by Shopify and is guaranteed to keep your information secure. If you provide us with your credit card information, the information is encrypted using secure socket layer technology (SSL) and stored with AES-256 encryption. Although no method of transmission over the Internet or electronic storage is 100% secure, we follow all PCI-DSS requirements and implement additional generally accepted industry standards per our shopping cart provider Shopify.

All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is conducted by brands like American Express, Visa, MasterCard, and Discover. PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.

For more insight, you may also want to read Shopify’s Terms of Service or Privacy Statement.

Swag Golf™ will not be held responsible for items shipped to addresses incorrectly entered by the customer. Please verify that your address and contact information is correct when you place your order.

WARRANTY POLICY

Please inspect your order upon delivery. Swag Golf™ warrants clubs and headcovers for quality of workmanship for a period of 30 days. All other products deemed to be defective in any nature must be reported via email within 48 hours of package arrival. All warranty claims must receive a Return Authorization Number (RA#) prior to returning the product. Any returned product received by Swag Golf without an approved RA# may not be processed.

In order to obtain an RA#, submit a request through our online contact form, or email directly to store@swaggolf.com. Please include the reason for your request. If approved, we will provide the RA#, and any additional information needed to complete the process.

Defective products will be repaired or replaced with the same or equivalent products when available. If unavailable a merchandise credit or refund will be issued. Refunds may take up to 2 weeks to appear on your credit card or PayPal account. Swag Golf™ reserves the right to deny any warranty claim for any reason.

Warranty will be denied for the following:

• Products that are damaged, abused, or altered by purchaser
• Products without original proof of purchase
• Products missing accessories
• Products that are damaged during the return shipment
• Warranty period expired
• Products received without RA#

For questions about product care, or the Warranty Policy please email, store@swaggolf.com

RETURN AND REFUND POLICY

All headcovers, limited-release clubs, handcrafted items, and customized items are final sale, nonrefundable and cannot be returned for store credit. All production-line putters and wedges may be returned no later than 14 days upon receipt of shipment. All merchandise must be in new and unused condition and must contain all original packaging materials, components and accessories. All other items may be returned for a store credit at the discretion of Swag Golf™ no later than 5 days upon receipt of shipment. Any additional shipping costs are the responsibility of the buyer.

All damaged or faulty items received must be documented and notice received within 2 days of receipt of shipment. Our customer service team will provide a pre-paid shipping label for your convenience. Item(s) must be sent within 5 business days. Upon receipt, a member of the Swag team will make best efforts to repair the item(s). If repair cannot be made, a replacement will be sent at no additional charge. Due to the limited nature of most items, if a replacement is unavailable you will be refunded in full.

Please allow 1 to 2 billing cycles for the credit to appear on your statement.

ORDER CANCELLATIONS

Swag Golf™ reserves the right to cancel any order at any time. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.

SHIPPING POLICY

For international orders, shipping costs do not include duties, taxes or other import fees assessed by governments outside the United States. Additional import duties, taxes or fees assessed once your shipment(s) reaches the destination country may vary and are your responsibility as they are not within the control of  Swag Golf™. When you order goods to be shipped to a foreign country, the recipient is the importer of record and must comply with all local laws and regulations in connection with the shipment. Please note that the value of your order(s) must be listed on the outside of your package for customs purposes. Customs may elect to open your package(s) and inspect all goods. Please contact your local customs authorities with any questions regarding fees and inspections.

A tracking number will be sent to you once your order is picked up by the carrier. If your order has arrived damaged, please contact us within 2 days of receipt to file a claim and get a replacement. 

If you have any questions, please feel free to contact our Customer Service representatives at store@swaggolf.com.

MOBILE MARKETING

By signing up for the Swag Golf (collectively, “Swag”, “us”, “we”, “our”) Text Message Program (the “Program”), you agree to these terms and conditions (“Program Terms”) and our general Terms of Use (which include mandatory arbitration of disputes, waiver of class action rights, limitations on your rights and remedies, and limitations on our liability). You further consent to our privacy practices as described in our Privacy Notice.

You authorize Swag Golf to send, to the mobile phone number you used to opt in via short code or that you otherwise provided to us, promotional and other text messages, including messages sent using an autodialer. Your consent to receive auto-dialed text messages shall not be interpreted to suggest or imply that any or all Program messages are sent using an autodialer/automatic telephone dialing system.

You shall not use this service for any purpose that is unlawful or prohibited by these terms, or any other purpose not reasonably intended by the service. You shall not use this service to send content that is abusive, threatening, obscene, defamatory, libelous or otherwise objectionable. You shall also be responsible for ensuring that all your SMS messages are in compliance with applicable laws and regulations. We reserve the right to modify or discontinue some or all of the SMS messaging services at any time, with or without prior notice. We also reserve the right to deny access to certain users for any reason whatsoever, including but not limited to violations of these terms and conditions.

You understand that message and data rates may apply and your carrier may charge you or deduct usage credit from your account when you text us or we text you. Swag Golf will not be liable for any delays or failures in your receipt of any mobile messages connected with the Program. Delivery of mobile messages is subject to effective transmission from your carrier.

No purchase is necessary to participate in the Program, and you are not required to accept these Program Terms as a condition of purchasing any property, goods, or services. If you do agree to the Program Terms, you consent to receiving recurring promotional Program texts each month, plus additional non-promotional texts. Swag Golf reserves the right to alter Program message frequency.

If at any time, you intend to stop using the mobile telephone number that you provided to sign up for the Program, including by canceling your service plan or selling or transferring the phone number to another party, you agree that you will opt out of the Program prior to ending your use of the mobile telephone number.

You can unsubscribe from the Program by texting “STOP” to the Program short code or as a reply to a Program message you receive. You hereby consent to receive a text message confirming that you have unsubscribed, as well as other non-promotional text messages. To the extent you subscribe to more than one Swag Golf text message program, you must unsubscribe from each program separately.

By using this service, you warrant that you are at least 18 years of age and have read and understood these terms of service. If you do not agree to any part of the terms set forth herein, please refrain from using the SMS messaging services.  Your continued use of these services shall be considered your acceptance of these terms.   

If you have any questions or comments regarding these terms, please contact us. Thank you for your cooperation.

TERM AND TERMINATION

These Terms shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE AND THE MARKETPLACE OFFERINGS (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE AND THE MARKETPLACE OFFERINGS OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US.

INDEMNIFICATION

You agree to defend, indemnify, and hold us, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, harmless from any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Site; (2) breach of these Terms; (3) any breach of your representations and warranties set forth in these Terms; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Site with whom you connected via the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

DISCLAIMER

THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE,(5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET AND AGREE THAT WE HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY BREACH OF SECURITY UNLESS IT IS DUE TO OUR GROSS NEGLIGENCE. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

GOVERNING LAW

These Terms are governed by the laws of the United States of America and the laws of the State of Illinois.

MISCELLANEOUS

These Terms and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. These Terms operate to the fullest extent permissible by law. We may assign any or all our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Terms or use of the Site. You agree that these Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms.

ACCEPTANCE OF TERMS

You acknowledge that you have read this Agreement and agree to all its terms and conditions. By accessing and using the Website and Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to access or use the Website and Services.

CONTACTING US

If you have any questions, concerns, or complaints regarding this Agreement, we encourage you to contact us at store@swag.golf