1.1 The following terms and conditions shall govern the order by Client (as defined hereunder) and the sale by Golf Avenue CA ("Golf Avenue CA" or "Seller") of any product made available by Golf Avenue CA (hereby collectively called the "Product"). Certain additional terms may accompany the Product and shall apply but in case of conflict the following Terms and Conditions shall prevail.
1.2 By ordering the Product on the Golf Avenue CA website or by any other mean, Client agrees that these Terms and Conditions of Sale (referred to as the "Terms and Conditions") shall govern the contract between Golf Avenue CA and the Client and supersedes any other terms and conditions that may be provided by the Client. Golf Avenue CA's failure to object to provisions contained in any communication from the Client shall not be deemed a waiver of the Terms and Conditions.
1.3 "Client" means any person or entity ordering products from Golf Avenue CA.
1.4 These Terms and Conditions of Sale supersede any pre-printed terms on Client's orders and any previous written or oral communications or representations by either party related to the Product or the terms and conditions and may not be amended by Client without prior written consent of Golf Avenue CA.
2. Orders & Payment Terms
2.1 Any order, to be valid, needs to be accompanied by a valid payment of the total sum of the value of the Product and shall be made by a pre-arranged method of payment acceptable to Golf Avenue CA, whether such order is made online on Golf Avenue CA's website or to any Golf Avenue CA's representative.
2.2 Golf Avenue CA reserves its rights to cancel the order at its sole discretion by reimbursing the sums paid by the Client. Golf Avenue CA shall not otherwise be liable to the Client for cancellation of such orders.
3. Product Availability
3.1 Product availability may be limited. Products ordered may not be available for immediate delivery. Golf Avenue CA reserves the right, without liability or prior notice, to revise or cease to make available the Product. If there are any revisions to or cessation of Products, Golf Avenue CA may, with Client's consent, ship Products which have similar functionality and specifications to the Products originally ordered. Client will be given the opportunity to either reject or accept the substitute Product and price for the substitute Product which may differ from the price of the original Product.
4. Prices, Shipping, Handling & Taxes
4.1 Golf Avenue CA will ship to any location in the world unless it is commercially unfeasible. Golf Avenue CA may be unable to ship to certain remote regions. Golf Avenue CA reserves the right to refuse or cancel orders where Golf Avenue CA has no commercially reasonable shipping option, and Golf Avenue CA shall not be liable to the Client for cancellation of such orders. In such a case, Golf Avenue CA will reimburse the sums already paid by the Client.
4.2 Client is responsible for all sales, goods and services, harmonized sales, and other taxes associated with the order. If applicable, a separate charge for taxes and duty will be shown on Golf Avenue CA's invoice.
4.3 All orders received between Monday and Friday during normal businesshours are dealt with within 24-48hours. Orders received on weekends are dealt with the following Monday or Tuesday. Client understands that Golf Avenue CA cannot guarantee same day treatment.
4.4 All of our shipments are shipped with insurance at our cost.
4.5 You must be available 4-10 days for receiving of the shipment once your order is confirmed.
5. Risk of Loss or damage & Delivery
5.1 Title in the Product shall pass to Client once the Product has been fully paid. Risk of loss shall pass to Client when it leaves Golf Avenue CA's premises.
5.2 Any delivery or shipment dates given by Golf Avenue CA are estimates only and Golf Avenue CA is not liable for any loss, damage, cost or expense for any failure to deliver in accordance with the given delivery or shipment date.
6.1 All sales are final but subject to the following return policy.
6.2 All sales purchased on a commercial lease through financing are final and the following return policy is not applicable.
6.3 Subject to the provisions below, if Client is unsatisfied with the Product, Client must notify Golf Avenue CA within 7 days from the date of delivery. Returns must be shipped within the first 7 days from reception, the tracking number must be provided to a Golf Avenue CA representative immediately.
6.4 No Product may be returned unless previously agreed to by Golf Avenue CA. Client must contact Golf Avenue CA in order to get a return authorization. Client must provide the Name and Model of the Product and a description of the problem.
6.5 Product must be returned with all shipping and insurance charges pre-paid. The Client is responsible for the shipping costs for both original shipment and also return shipment. Client will not be reimbursed for such charges, except where Product is being returned because it is deemed defective by Golf Avenue CA.
6.6 All returns must be properly packaged to prevent damage during shipment. An explanation of the problem or damage and a proof of purchase must be submitted with the return.
6.7 The Products must be received in a condition similar to the initial sale.
6.8 Client will be responsible for insurance of the merchandise (at his costs) because Golf Avenue CA will not be responsible for damages or loses during shipment.
7. Exclusion & Limitation of Liability
For any breach of these terms and conditions, Golf Avenue CA, or its employees, agents, directors, officers, subcontractors or suppliers, sole and exclusive maximum liability shall not in any event exceed the total price of the product paid by client. In no event will Golf Avenue CA be liable to the client for consequential, incidental, special damages, injury to person or property, or economic loss (including but not limited to loss of expenditures, investments, commitments or lost profits) arising from any claim or action, incidental or collateral to, or directly or indirectly related to the purchase or license of the product hereunder.
8. Act of God
For all purposes hereof, force majeure includes any act of God, war, mobilization, governmental regulation, strike, lockout, drought, flood, total or partial fire, obstruction of navigation, loss, damage or detention in transit, defective materials or delays by shippers, or other contingences or causes beyond Seller's control which might prevent the manufacture, shipment or delivery of Goods covered hereby. Performance of Seller's obligations may be suspended pending force majeure, without Seller being responsible to Client for any damages or losses resulting from such suspension.
9. Arbitration, Governing Law & Jurisdiction
These Terms and Conditions shall be strictly and exclusively construed in accordance with the laws of the Province of Quebec and the laws of Canada applicable therein without regard to principles of conflict of law and specifically excluding the provisions of the 1980 UN Convention on Contracts for the International Sales of Goods. Without limiting the foregoing, Client irrevocably and unconditionally agrees that any suit, action, or other legal proceeding arising out of or relating to these Terms and Conditions or any transaction hereunder must be decided by binding arbitration in accordance with the Rules of the Canadian Arbitration Association and any such arbitration proceedings shall be brought and held in Quebec, CANADA. The decisions of the arbitrators shall be binding and conclusive upon all parties involved and judgment upon any award of the arbitrators may be entered by any court having competent jurisdiction. This provision shall be specifically enforceable in any court of competent jurisdiction.
In case arbitration shall be impracticable then any suit, action, or other legal proceeding arising out of or relating to these Terms and Conditions or any transaction hereunder must brought to the tribunals of the District of Montreal, Province of Quebec, Client consents to the exclusive jurisdiction of such court in any such suit, action or proceeding ; Client waives any objection to the laying of the venue of any such suit, action or proceeding in any such courts; and Client waives any right that it may have to assert the defence of forum non-conveniens in any such suit, action or proceeding.
10. No Assignment
Client may not assign its rights or obligations under this Agreement without the express written consent of Golf Avenue CA.
If any provision or provisions of these Terms and Conditions be held to be invalid, illegal or unenforceable, such provision shall be enforced to the fullest extent permitted by applicable law, and the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
The Parties hereto have expressly required that these Terms and Conditions be drafted in the French language only.
13. Intellectual Property
13.1 Client agrees that any invention, patent, industrial design, copyrightable document or object as well as any technical, scientific, marketing or commercial know-how or trade secret relating to the Product, including but not limited to any inventions, patents, copyright and industrial design (hereinafter described as the "Industrial Property") is the exclusive property of Golf Avenue CA.
13.2 Client recognizes and acknowledges that all the trademarks applied on or otherwise used in relation to the Product, whether registered or not (the "Trademarks"), are the exclusive properties of Golf Avenue CA.
13.3 Client will not take any action which might invalidate any such Trademark or any registration thereof, impair any rights of Golf Avenue CA or create any rights adverse to those of Golf Avenue CA. Without limiting the foregoing, Client shall not, during the course of this Agreement and thereafter, adopt, use, register or seek to register in any class in any country or territory, any trademark which includes or is confusingly similar to any of the Trademarks.