Terms and Conditions

Our Terms and Conditions

The MorshGolf website (referred to below as “MorshGolf/morshgolf.com/we/our/us”) is operated by 9424-7285 Québec Inc. DBA Morsh Golf, a company registered and governed by Canadian Law. As user of this website (referred to below as “you/your”), you acknowledge that any use of this website, including any transactions you make (referred to below as “use/using” this website) are subject to our terms and conditions below. We encourage new customers to read our terms and conditions before using this site, or take the option of printing a copy for future reference, and also view our Privacy policy to learn more about how we protect your personal information.

• General
• Order Process
• Delivery
• Payment
• Returns, Cancellations and Substitutions
• Liability and Indemnity
• Miscellaneous Provisions
• Competition Rules

General

1.1 We reserve the right to change these terms and conditions at any time. Any such changes will take effect when posted on the website (see date at the top) and it is your responsibility to read the terms and conditions on each occasion you use this website and your continued use of the website shall signify your acceptance to be bound by the latest terms and conditions.

1.2 If you are purchasing on behalf of a business, you confirm that you have authority to bind said business on whose behalf you act, in using this website.

Order process

2.1 You place the order so that you give the product in the cart clicking “Add to cart” and then follow the process with clicking to “Proceed to Checkout” and “Place Order”. All orders that you place on this website will be subject to acceptance in accordance with these terms and conditions.

2.2 The ‘confirmation’ stage sets out the final details of your order. Following this, we will send to you an order acknowledgement email, letting you know that your order had been received, stock is being re-checked and that we intend to process a payment from you. Please note that this email is not an order confirmation or order acceptance from MorshGolf.

2.3 Acceptance of your order, and the completion of the contract between you and us, will take place on dispatch of the products ordered from us to you, unless we have notified you that we do not accept your order, or you have cancelled it.

2.4 We do not file details of your order for you to subsequently access direct on this website, and therefore, please print out these terms and conditions and the order acknowledgement for your own records. If you wish to obtain specific details of your previous orders please Contact Us.

Delivery

3.1 Please note that delivery times stated are accurate, and not guaranteed. This is because Morsh Golf use a range of third party couriers like DHL, UPS etc to deliver products to your home or work. As such, factors that influence the ability of these companies to be on time, also affect us, and occasionally you. Previous examples include extreme weather conditions, or staff strikes or parcel sorting error at depot or when the doors are not answered within a reasonable time etc. We work closely with all of our delivery partners to ensure that such occurrences are rare and make a minimal impact on our customers. In all cases we cannot be held responsible or liable for any delays in delivery.

3.2 Delivery charges and estimated timescales are specified in Shipping section, and also when you place an order. We make every effort to deliver goods within the estimated timescales, however delays are occasionally inevitable due to unforeseen factors affecting us or the third-party couriers we use. Morsh Golf shall be under no liability for any delay, or failure, to deliver the products within estimated timescales.

3.3 Once a tracking number has been emailed to you directly from DHL or UPS, it is your responsibility to monitor and track the status of your parcel. If you notice any problems, for example – Address Not Found, Failed Delivery, Recipient Absent, etc, then please contact us immediately so we can assist with the resolution. Failed-delivery parcels are normally held at a local depot for a maximum of five days before returning back to us. It is therefore your responsibility to contact us in good time to advise us of this situation in order to stop any return. We take no responsibility for parcels returned to us after successive delivery attempts we will not issue a refund and any return charges will be passed to you.

3.4 If the package has not been accepted, or rejected DUE TO REFUSAL TO PAY YOUR COUNTRIES' DUTYS, VAT OR TARRIFS during delivery, the respective courier will make a return charge to Morsh Golf. This charge will be required to be paid by customer before processing a return, or NO REFUND WILL BE ISSUED TO CUSTOMER.

3.5 In the event where deliveries have failed due to incorrect address specified or if no one is available to accept delivery at time when courier attempts to deliver goods, the courier will hold the goods at their depot for a small period of time (anytime between 3-5 days). If a card has been left by the courier requesting you to contact them, you are requested to contact them to arrange a re-delivery at same address at a suitable time. Failure to do so quickly (normally within 2 working days) may cause the parcel to be returned back to us. Although every effort is made to ensure goods are delivered to you in good time and at address specified, certain circumstances may fail deliveries (for e.g. unable to find address or no one to accept parcel etc). In order to solve such problems during delivery or if you wish to advise us of change of delivery address after goods have been shipped, you are requested to contact us on first occasion. Normally a charge is incurred for amendments of delivery addresses, which can be accepted by yourself or you may simply arrange to collect the goods from the courier depot where possible without any charges. Failure to do so or if you advise a change of address directly with the courier without notifying us will incur an additional charge which will be passed on to you unless we have already authorised this change with the courier.

3.6 Upon delivery it is your responsibility to check package and its contents thoroughly. If you notice any signs of security tape damage, theft or attempt for theft, damage of goods or any unacceptable condition of package and its contents you are requested not to accept the package. If you are willing to accept the package then you are requested to sign on the delivery note what you have noticed for e.g. Goods Damaged or Theft Attempt etc. Please note: failure to comply with these terms will prevent you making any claims against the above conditions and credit will not be issued.

3.7 Risk of loss and damage to products is passed on to you on the date when the products are delivered, or on the date of first attempted delivery by our delivery agents. Please note that in cases where there has been lack of cooperation after our first delivery attempt to collect from a local depot or neighbour or failure to arrange a redelivery, Morsh Golf will block accounts and put additional security measures to prevent further risk of this nature.

3.8 Morsh Golf reserves the right to withdraw delivery to you for whatever reason. There could be a number of reasons for example : failure to deliver by courier on multiple attempts, customer unwilling to compromise or is unreasonable in his/her demands, or failure to work with us in a professional and fair manner to resolve failures etc. No refund nor return will be processed.

3.9 All goods must be signed for by an adult aged 18 years or over on delivery.

Payment

4.1 Prior to taking payment from your card, we implement a card and stock verification process, to ensure that the request for goods is genuine and that we have confirmed stock availability. All goods are subject to availability. In the event that we are unable to supply the goods, we will inform you of this as soon as possible. A full refund will be given where you have already paid for the goods and if no goods have been already dispatched. Refund of payment does not apply to personalised, custom-made or custom fitted goods.

4.2 While we try and ensure that all prices on our website are accurate, errors may occur. If we discover an error in the price of goods you have ordered we will inform you as soon as possible and give you the option of reconfirming your order at the correct price, or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel, and you have already paid for the goods, you will receive a full refund.

4.3 Payment can be made by any method specified in Payment Methods. For information about secure on-line ordering see Privacy

4.4 All prices include VAT (where applicable) at the applicable current rates but exclude delivery charges, unless expressly stated. For further details, including Express delivery charges, see Shipping.

4.5 Please note the VAT rate shown is local to Canada. This rate (and the final price you pay) may change if your order is being shipped to another country, as your Country may be obliged to charge VAT, Duty and or Tariffs at the local rate in your country of destination.

As per local Customs and Excise regulations, any delivery to all countries outside Canada whereby we have passed the VAT/Duty/Tariff threshold limit the order will be subject to the standard local VAT, Duty and Tariff rate of that country. The final cost of your order will be altered to reflect this.

Returns, Cancellations and Substitutions

5.1  Morsh Golf products are guaranteed against manufacturing defects for 12 months. Your statutory rights are unaffected.

5.2  Sometimes the product specifications from the manufacturer may change, in which case we will do our best to offer you a substitute of the same or better quality at the same price.  Please note any courier charges will be retained where the fault has not been or resulted from Morsh Golf.

5.3  All sizes and measurements are approximate.  We strive to describe dimensions as accurately as possible, but fit variances can occur from person to person.

5.4  Please note that faulty or defective items highlighted to us after the 30 Day Money Back Guarantee time will not be eligible for a refund. MorshGolf will replace or exchange all faulty products in accordance with the manufacturers warranty.  If the identical size or model is no longer available then we will exchange for an equivalent make/model or offer you credit vouchers which can be used to purchase products from our website. See section 5.7 for information on how guarantees work on returned products.

5.5 Although every effort is made in checking all goods before dispatch, on some very rare occasions we may mistakenly ship an incorrect product, or one with a fault we did not catch due to the level of packaging that comes with new products.  If this has happened to you, we apologise in advance and request your co-operation in helping us resolve this.

If this occurs and you receive goods that you feel are not as stated as ordered, once we have the proof of incorrect product we are happy to deliver new product free of charge, free shipping and you keep the original order.  To claim this, you must advise us of this within 10 days of delivery. 

5.6  If a faulty delivery has been received it is your responsibility to notify Morsh Golf (after which further instructions will be emailed back) or to advise us of this within 7 working days after delivery. We will make a claim against carrier and we will ship you new order free of charge and free shipping.

5.7  Although we stock the best quality products, sometimes faults may be discovered after purchase. Morsh Golf offer a guarantee against manufacturer faults for a maximum of 1 year from the date of first delivery. Faulty products are required to be photographed or videoed for thorough examination. If a genuine manufacturer fault is established, we will send the replacement free of charge and free shipping. If an identical replacement is not available, we will offer an alternative product of similar value. However if for any reason you are not happy to take the replacement, we will offer you Evoucher that may be used to purchase goods from our website. To avoid doubt, all products exchanged, swapped, or purchased with Evoucher (only applies to vouchers issued from a defective product), will be guaranteed for only the balance of the initial 12 month period.

5.8 If a return is made without any reason of defect or quality issue, the return shipping must be paid by the customer. 

5.9  Most manufacturers will void the product warranty if it has been altered in any way. For example if the shaft of the club has been altered, or if the product has been altered without our consent. Due to the high technical nature of golf clubs, most manufacturers will only cover you against manufacturer defects if they have been customised by the manufacturer or through Morsh Golf. In our experience, we have found that use of unauthorised fitting centres or inexperienced club-fitters could result in a poor quality product, and therefore more likely to attain a defect.

Liability and Indemnity

6.1  Nothing in these terms and conditions excludes or limits liability for death or personal injury caused by negligence, fraudulent misrepresentation, or any other liability which may not otherwise be limited, or excluded under applicable law.

6.2  Subject to Section 6.1 above, Morsh Golf will use reasonable endeavours to verify the accuracy of any information on the site but makes no representation or warranty of any kind express or implied statutory or otherwise regarding the contents or availability of the site or that it will be timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the website Morsh Golf will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the website and Morsh Golf accepts no liability of any kind for any loss or damage from action taken or taken in reliance on material or information contained on the site.

6.3  Subject to Section 6.1 above, other than as expressly provided in these terms and conditions with respect to specific products and except for the exclusive remedies set out at Section 5 above, any indemnities, warranties, terms and conditions (whether express or implied) are hereby excluded to the fullest extent permitted under applicable law.

6.4  Subject to Section 6.1 above, Morsh Golf will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent on negligent misrepresentations) or otherwise out of or in connection with the terms and conditions for any:

economic losses (including without limitation loss of revenues, data, profits, contracts, business or anticipated savings); or

loss due to currency exchange-rate fluctuations (we take payment in US$ and currency exchange rates fluctuate constantly in which case we cannot be held liable for loss of value in foreign currency during payment authorisations); or

loss of goodwill or reputation; or

special or indirect losses

suffered or incurred by that party arising out of, or in connection with, the provisions of any matter under these terms and conditions.

6.5  Notwithstanding the above, subject to Section 6.1 Morsh Golf' aggregate liability (whether in contract, tort or otherwise) for loss or damage shall in any event be limited to a sum equal to the amount paid or payable by you for the product(s) in respect of one incident or series of incidents attributable to the same clause.

6.6  This clause 6 does not affect your statutory rights as a consumer, nor does it affect your contract cancellation rights.

6.7  We will take all reasonable precautions to keep the details of your order and payment secure, but, unless we are negligent, we cannot be held liable for any losses caused as a result of unauthorised access to information provided by you.

Miscellaneous Provisions

7.1  The contract between us shall be governed by the laws of Canada and any dispute between us will be resolved exclusively in the courts of Canada. English is the only languages offered for the conclusion of the contract.

7.2  We have selected our products on the basis that they will be used for domestic use only. If you are planning to use them for business purposes please make sure that you are covered by appropriate insurance.

7.3  Morsh Golf shall be under no liability for any delay or failure to deliver products, or otherwise perform any obligation as specified in these terms and conditions, if the same is wholly or partly caused whether directly or indirectly by circumstances beyond its reasonable control.

7.4  To provide increased value to our customers, we may provide links to other websites or resources for you to access at your sole discretion. You acknowledge and agree that, as you have chosen to enter the linked website we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for (i) the privacy practices of such websites, (ii) the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources or (iii) the use to which others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources.

7.5  You may not assign or sub-contract any of your rights or obligations under these terms and conditions or any related order for products to any third party unless agreed upon in writing by Morsh Golf.

7.6  Morsh Golf reserves the right to transfer, assign or sub-contract the benefit of the whole or part of any of its rights or obligations under these terms and conditions or any related contract to any third party.

7.7  If any portion of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity or enforceability of the other sections of these terms and conditions shall not be affected.

7.8  These terms and conditions do not create or confer any rights or benefits enforceable by any person that is not a party except:

7. a) a person who is a permitted successor or assignee under Section 7.7 above of the rights or benefits of these terms and conditions may enforce such rights or benefits.
8. b) No consent from the persons referred to in Section 7.8 is required for the parties to vary or rescind these terms and conditions (whether or not in any way that varies or extinguishes rights or benefits in favour of such third parties).

7.9  No delay or failure by Morsh Golf to exercise any powers, rights or remedies under these terms and conditions will operate as a waiver of them nor will any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them. Any waiver to be effective must be in writing and signed by an authorised representative of Morsh Golf.

7.10  These terms and conditions including the documents or other sources referred to in these terms and conditions supersede all prior representations understandings and agreements between you and Morsh Golf relating to the use of this website (including the order of products) and sets forth the entire agreement and understanding between you and Morsh Golf for your use of this website