All trademarks, service marks and trade names of Condor Golf, LLC used in the site are trademarks or registered trademarks of Condor Golf, LLC.
Warranty Disclaimer
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Condor Golf, LLC disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Condor Golf, LLC does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Condor Golf, LLC does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Custom Made Golf Clubs
Prior to ordering any custom golf clubs, we ask that you submit our Custom Club Fitting Form which provides valuable information about your golf game. If we feel that any or all information provided on the Custom Club Fitting Form is not truthful, Condor Golf and it's employees are not responsible or liable for the selections made by customer. We also encourage the making and sending of a video of your golf swing so that we can evaluate your golf swing skill level. If you choose to make your own selections for the components to be used on your custom golf club, Condor Golf, LLC and it's employees are not responsible or liable for the outcome of your golf game.
Limitation of Liability
Condor Golf, LLC shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Condor Golf, LLC has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Typographical Errors
In the event that a Condor Golf, LLC product is mistakenly listed at an incorrect price, Condor Golf, LLC reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Condor Golf, LLC reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Condor Golf, LLC shall issue a credit to your credit card account in the amount of the incorrect price.
Term; Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Condor Golf, LLC without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Notice
Condor Golf, LLC may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Condor Golf, LLC.
Miscellaneous
Your use of this site shall be governed in all respects by the laws of the state of Arizona, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Condor Golf, LLC products) shall be in the state or federal courts located in Maricopa County, Arizona. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Condor Golf, LLC products) must be commenced within one (1) year after the claim or cause of action arises. Condor Golf, LLC's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Condor Golf, LLC may assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Condor Golf, LLC or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
Participation Disclaimer
Condor Golf, LLC does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Condor Golf, LLC is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Condor Golf, LLC reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Condor Golf, LLC in its sole discretion.
Indemnification
You agree to indemnify, defend, and hold harmless Condor Golf, LLC, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
Third-Party Links
In an attempt to provide increased value to our visitors, Condor Golf, LLC may link to sites operated by third parties. However, even if the third party is affiliated with Condor Golf, LLC, Condor Golf, LLC has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Condor Golf, LLC. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Condor Golf, LLC seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
Order Acceptance: All orders placed are accepted on the basis of prices and terms prevailing at the time of shipment. Prices and terms are subject to change without notice. Condor Golf (Seller) accepts Buyer's order on the condition that Buyer assents to the Terms and Conditions as set forth below and waives any differing terms. If not in writing, such assent and waiver shall be evidenced either by accepting delivery of the first shipment.
Terms & Prices: All prices are NET, F.O.B. Condor Golf. Prices are subject to change without notice; prices in effect at time of delivery will apply.
Freight & Shipping Policy: All shipments are F.O.B. Sun City, Arizona.
Shortage/Damaged Goods: For damages or shortages occurring during shipping, Buyer shall make claim against the carrier. Such claims for damaged goods or shortages must be made with the carrier within ten (10) days of invoice date. Seller must receive all claims for shortages or damages within 48 hours upon receipt of shipment.
Order Cancellation: Once an order is placed online, it cannot be cancelled.
Return Goods:
1. Clubs that are custom made to the specifications you select cannot be returned for any reason.
2. Products that are personalized to the specifications you select cannot be returned for any reason.
3. Golf Bags cannot be returned for any reason.
Warranty Duration: All goods are covered by a limited warranty to be free of defects in material and workmanship at time of receipt of Product. Under normal usage, for a period of 24 months from verified date of purchase seller will replace or repair any broken club once. Any additional breakage or breakages after 24 months will incur a repair fee. Buyer is responsible for all shipping to and from Sellers location. If Seller deems damage to product is caused due to abuse, there will be no repair or replacement. Seller will repair or replace at his sole discretion. Seller's responsibility is limited only to the price paid for the product.
Warranty Coverage: Our product is warranted against defective material or workmanship when used under normal playing conditions. This warranty is void if the product has been damaged by accident, in shipment, unreasonable use, misuse, neglect, commercial use, or other causes not arising out of defects in material or workmanship. This warranty does not cover third party workmanship and does not apply to normal wear and tear. If a third party alters product ALL WARRANTIES ARE VOIDED.
Warranty Performance: Simply obtain a return authorization number and return the defective product together with a copy of the purchase invoice within the warranty period. During the above 24 month period, a product with a defect will be either repaired or replaced with the same or comparable product (at our option) when the product is returned. The replacement product will be in warranty for the balance of the 24 month warranty period. No repair charge will be made for such replacement. IMPORTANT: You must call (623) 581-2986 for a return authorization number before returning any product. Shipping charges (if any) are not refunded.
Disclaimer: The club heads are not advertised, sold or represented to be clones, copies or imitations of any other club or model. Seller disclaims Sec. 2:312 C of the Uniform Commercial Code.
Jurisdiction: The laws of the State of Arizona apply to this agreement between seller and Buyer.