IMPORTANT: PLEASE READ
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS VERY CAREFULLY BEFORE PROCEEDING ONTO THIS WEBSITE. THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR PURCHASE AND THE BASIS ON WHICH WE SELL, FULFIL AND SHIP GOODS TO YOU. BY VISITING AND PLACING AN ORDER ON THIS SITE ‘CAPITALGOLF.COM’ YOU AGREE TO BE BOUND BY THE THESE TERMS & CONDITIONS. PLEASE PRINT AND KEEP A COPY OF THIS WEBPAGE FOR YOUR RECORDS. THESE TERMS MAY CHANGE REGULARLY - PLEASE CHECK FOR REVISIONS.
NOTE - In these Terms:
"Website" means Our website at "www.capitalgolf.com".
"Goods" means the goods which We will supply to You in accordance with these Terms and Conditions.
"Order" means an order which You place with Us detailing the Goods You wish to buy from Us.
"We/Us/Our" means Capital Golf London Limited trading as ‘Capital Golf’ (company number 01630) of 14 John Prince's London, W1G 0JS
"You/Your" means you, the person using Our Website and/or buying Goods from Us.HOW THESE TERMS AND CONDITIONS APPLY
- The Terms in Section A explain how Our Website must be used. They apply to ALL users of the Website. Section B also applies when You buy Goods using the Website. We may amend the Terms from time to time and you are advised to check them regularly for any changes which We make.
Section A: Terms of Website Use1 ABOUT THIS WEBSITE
- 1.1 This Website is aimed at people who are consumers. The information on this Website is in English, all communications shall be in English and the Website is designed to comply with English law. You may be viewing the Website in a market in which we do not commonly sell our goods and We cannot be held responsible for non-compliance with any local advertising or other laws in relation to this Website or its contents. We may restrict access to some parts of the Website to users who have registered with Us.
- 1.2 This Website is operated by Capital Golf London Limited, a company registered in England and Wales with Company Number 01630. Our registered office is 14 John Prince's London, W1G 0JS and our VAT registration number is 982697358. We are a private limited company.
2 OUR RIGHTS IN THE WEBSITE
- 2.1 The copyright and other ownership rights (known as "Intellectual Property Rights") in this Website and its contents (including design, text, logos, trade names, graphics, software and any other material) are owned by Us or Our licensors. You must not yourself or allow anyone else to publish, copy, distribute or modify any of the content of this Website (© Capital Golf London Limited). Anyone may view this Website and print pages from it for personal use only, for browsing Our products and placing an Order with Us. Any other use is strictly prohibited without Our prior written consent. You must not make any copy of any material from the Website for any business related use whatsoever.
- 2.2 You must not in any way copy, reproduce or use any trademarks, logos or brand names which appear on the Website. Linking to Our Website on other websites is at Our discretion and We may require that You stop providing links to Our Website at any time.
- 2.3 We may use any information which you upload to Our Website as We decide and We may also disclose that information to a third party.
- 3.1 We have taken great care in compiling this Website but neither We nor Our directors, employees or other representatives or any other companies within Our group of companies will be responsible for any damages, losses or costs however they arise as a result of Your use of or reliance on the Website. Although We aim to provide information which is accurate and up to date, We do not guarantee to do so. You are responsible for making sure that Your reliance on this Website is suitable for Your own purposes and the information which We provide is not intended to be advice which You should rely on. The information contained on this Website is provided on an "AS IS" basis and We exclude all warranties and representations of any kind with respect to this Website and its contents to the fullest extent which the law allows.
- 3.2 We may change, remove or in any other way adapt the content of Our Website at any time and without advance notice.
- 3.3 We may provide links to other websites. If we do this, those links are provided for Your convenience only and We cannot be responsible for the content or availability of those websites or Your use of them.
- 3.4 We do not guarantee that this Website will always be available or be free from error, virus or similar.
- 3.5 We are under a legal duty to supply goods that are in conformity with the contract and we aim to ensure that the product images on Our Website are as accurate as possible but there may be slight colour variations between the Goods and the images shown online.
4 HOW YOU MUST USE THIS WEBSITE
- 4.1 Submissions or comments which are in any way defamatory, abusive, obscene, unlawful, sexist, racist or which may in any way cause offence to any person are strictly prohibited. You must not use any abusive language, be aggressive, swear, threaten, harass or abuse any other person including but not limited to other users of this Website.
- 4.2 All information which You submit should be accurate, truthful and should not be copied.
- 4.3 You must use Your own identity at all times when using the Website and should ensure that all information which You provide is accurate and up to date to the best of Your knowledge. You must not use information about any other person except if You have their permission to do so.
- 4.4 You must not corrupt the Website, flood it with information causing it to malfunction or use any features which may affect the Website such as any worms, viruses or similar harmful elements. The use of spam (that is, multiple, unsolicited or undesired bulk e-mails) is also forbidden.
- 4.5 We will not be liable for any loss or damage which You suffer as a result of any harmful material infecting Your computer, data or other material due to Your use of Our Website.
- 4.6 If You have a password as part of Our security procedures, You must treat that information as confidential and must not disclose it to anyone.
- 4.7 We may refuse access to this Website to anyone who does not comply with these Terms.
Section B: Terms of Sale
1 OUR AGREEMENT FOR THE SALE OF GOODS AND THE ORDERING PROCESS
- 1.1 The Website displays Goods which are advertised for sale and gives information about them. By advertising Goods on the Website, We are inviting You to place an Order with Us. If You place an Order, We are not obliged to accept that Order and the Contract between Us will only be formed if and when We accept Your Order. Neither submitting an electronic order form, nor completing the checkout process constitutes Our acceptance of Your Order.
Our acceptance of your order and the formation of a binding contract between you and us will take place when we despatch the goods to you. Up until this point, there will be no contract in place between you and us, which means that neither you nor we will have any rights against or obligations towards the other (i.e. these terms and conditions will not apply to your order until we accept your contract by despatching the goods).
You may include any number of items within a single Order, subject to any restrictions set out in these Terms or on the Website and each Order which You place will be a separate Contract between Us. We reserve the right to refuse to supply Goods to any person.
- 1.2 Any terms and conditions appearing or referred to in the Order or otherwise stipulated by You shall have no effect. Any variation of the Contract must be confirmed in writing by Us.
- 1.3 We may refuse Your Order or cancel Your Order if we decide it is reasonable to do so which may include circumstances where:
- 1.3.1 We are unable to obtain authorised payment or the payment process is incomplete; or
- 1.3.2 We identify a product or pricing error on the Website; or
- 1.3.3 You fail to meet any criteria for eligibility of purchase which We may impose from time to time; or
- 1.3.4 We suspect that Your Order is related to fraudulent activity; or
- 1.3.5 You fail to submit all necessary and relevant details to allow Us to fulfill the Order; or
- 1.3.6 Goods are unavailable or out of stock.
- 1.4 We may contact You by telephone or email to verify details before We are able to process and despatch Your Order or We may be unable to accept it. For example, We may do this if Your Order is of particularly high value.
- 1.5 The Goods shown for sale on this Website are intended for private, consumer use and You must not resell Goods or offer them as a commercial enterprise. We reserve the right to limit the total value of Goods which can be included in an Order. If the total value of Goods in Your bag exceeds the limit which We may choose from time to time, then We will contact You.
- 1.6 The Goods shown for sale on this Website are intended for private, consumer use and You must not resell Goods or offer them as a commercial enterprise. We reserve the right to limit the total value of Goods which can be included in an Order. If the total value of Goods in Your bag exceeds the limit which We may choose from time to time, then We will contact You.
- 2.1 - See In store terms
- 3.1 Prices and delivery charges are as published on the Website when We accept Your Order. Prices include VAT and are in pounds sterling. Delivery charges are shown separately. All applicable delivery charges are as stated on the Website at the time You place Your Order. The delivery charge for the Order is shown on the shopping basket page below Your chosen items. This means that if You order more than one item, there is no delivery charge for the additional items.
- 3.2 We may amend prices at any time. Where there is a difference between a price at the time the Order is made and when we ship Your Order, We will inform You by email or telephone and ask You if You wish to proceed. If you decline and for any reason payment has already been taken, it will be re-credited to Your credit or debit account.
- 3.3 Offers and promotions on the Website are subject to availability and We may change or withdraw them at any time and without notice. Nothing shall oblige Us to maintain offers or promotions for any period. Additional terms may apply, details of which will be displayed.
- 4.4 We must receive payment for the Goods in full before they are despatched.
- 4.5 We accept payment via 01630 and most major credit and debit cards including Visa, Mastercard, Maestro and American Express. You must only use a card if You are the named cardholder. By placing an Order, You confirm that You are the authorised cardholder. All credit and charge card holders are subject to validation and security checks as well as authorisation by the card issuer and any additional terms imposed by the issuer. If the issuer does not authorise payment, We will not accept Your Order and will not be liable for any delay or non-delivery.
- 4.6 Your card provider may charge You for using You card on our Website. Please check the terms and conditions with Your card provider carefully and in advance of submitting Your payment details.
- 4.7 If We do not have sufficient stock of Goods, We will notify You by e-mail or telephone and Your credit or debit card transaction will be cancelled or refunded. We will do this as soon as possible and by no later than 30 (thirty) days from the due delivery date. We will not be responsible for any compensation if Goods which You order are not available for any reason.
- 4.9 Gift vouchers bought with UK as the browsing market will expire 1 years from the date of receipt. Capital Golf reserves the right to cancel any Gift Vouchers in its sole discretion where fraud or misuse is suspected.
- 4.10 Klarna
- In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer you the following payment options. Payment is to be made to Klarna:
- Pay in 3
- Pay Later
- Further information and Klarna’s user terms you can find here. General information on Klarna can be found here. Your personal data is handled in accordance with applicable data protection law and in accordance with the information in Klarnas privacy statement.
If You Change Your Mind
- 5.1 You have a legal right to cancel the contract (subject to certain exceptions set out below) without giving any reason within 14 days of the day after You receive the Goods. This is the “Cancellation Period”.
- 5.2 You can cancel by sending Us the cancellation form provided or by letting Us know in any other way by post to 14 John Prince's London, W1G 0JS; by fax on 020 7493 4414; by e-mail to firstname.lastname@example.org. You should keep evidence of having given notice of cancellation, such as an e-mail receipt or fax confirmation report.
- 5.3 You must return the Goods to Us (at your own risk and cost) within 14 days of notifying Us that You wish to cancel by sending them (by recorded delivery or courier) to: Online Customer Services (Web Returns) 14 John Prince's London, W1G 0JS or alternatively, if you paid using a debit or credit card, by taking them to back to our retail store together with the delivery note as proof of purchase. We will not be responsible for any costs associated with returning the Goods to Us.
- 5.4 The Goods must be returned unused with the original packaging.
- 5.5 If the nature of the Goods means that You cannot return them by post, You will be responsible for the cost of couriering the Goods to Us; if you contact Customer Services we will try to provide You with an estimate of the courier cost.
- 5.6 We will ordinarily refund the full purchase price together with the base line delivery charge paid within 14 days of receiving the returned Goods or proof of postage of the same. If You chose to pay extra for express delivery, We will only refund the cost of standard delivery. Please note though that if You want to return only some items but keep the rest of Your Order, You may not be entitled to a refund of the delivery charge.
- 5.7 You must take care of the products before You return them to Us. We may reduce the amount We refund to You if You use them, damage them or otherwise do something beyond what is reasonably necessary to examine them that reduces their resale value.
- 5.8 If you simply want to exchange the Goods You have ordered, you can do so within 28 (twenty-eight) days of the day after You receive the Goods if you get approve from Capital Golf.
- 5.8.2. Custom fit, bespoke, pre-orders and personalised orders can only be returned for replacement/repair/refund if they are faulty or mis-described.
If Things Go Wrong
- 5.9 We warrant that the Goods which we supply are of satisfactory quality and are fit for the purpose for which Goods of that nature are commonly supplied.
If any of the goods you receive from us (including goods that incorporate digital content) are defective or do not conform to the description we have provided, or any of these terms and conditions (“defective goods”), you should let us know as soon as possible.
You will need to show us what is wrong with the goods and if we accept that there is a fault or non-conformity, we will provide you with a remedy. If this is within 30 days of receiving the goods, we will give you a full refund or replacement (where possible). After 30 days, we will offer you a replacement (where possible). You should contact our customer services team on 020 7493 4414] if you would like to discuss the remedies available.
We will not give you a refund or replacement if the defect or non-conformity is due to usual wear and tear, deliberate or accidental damage caused by you, or your misuse of the goods.
If you believe that you have received defective goods, you should make no further use of them and you should return them, with a proof of purchase (i.e. your dispatch email) to: the returns address in clause 9.3; or if you have paid by debit or credit card, to a CGL store.
If you discover a defect or non-conformity with the goods ordered more than 6 months after receiving them from us, you will need to prove that the defect or non-conformity was present on delivery (e.g. that the fault is an inherent design fault and was not caused by misuse or fair wear and tear). If we are satisfied that this is the case, and agree to give you a refund for the goods, we are entitled to make a deduction in respect of the use you have had of the goods since delivery. We will only ever deduct a reasonable amount, taking into account factors such as the price paid, the expected lifespan of the product, and any wear and tear. We will always let you know if we choose to exercise this right and will agree the deduction with you before providing a refund.
We will aim to process any refund due to you as soon as possible but we will always do so within 14 days of us agreeing that a refund is due. Please note that we will only be able to agree that a refund is due when we have had chance to inspect the goods.
Where you are entitled to a replacement product, we will always try to provide you with a replacement of the exact same item. However, there are circumstances in which this may not be possible (i.e. because the product is out of stock or is no longer being manufactured). Where this is the case, we will give you the option of receiving an substitute product of equivalent value.
[Alternatively, you could choose to keep the defective goods in return for a partial refund. In this scenario we would refund you an appropriate amount to account for the difference in value between the defective goods and the same goods without any fault or non-conformity. For example, if you return a golf bag where the stitching has come loose…]”
The remedies available to you under this clause do not affect your legal rights. For more information on your legal rights and remedies, you should contact Citizens Advice.
- 5.10 If You return Goods to Us for a reason other than if You change Your mind, We will inspect the Goods and either replace them or refund the full purchase price for Goods if we accept that there is a manufacturing defect or other fault in the Goods. This is subject to You returning the Goods to Us within a reasonable period.
- 5.11 We will replace the Goods or refund You provided that the defect or fault is not caused by usual wear and tear, damage caused deliberately or accidentally, Your negligence or if You fail to follow product instructions or if the Goods have been misused, altered or repaired without Our approval. Any refund will also include any delivery charges which You have paid and Your cost of returning the Goods to Us. If We do not find any fault or defect then Your cancellation and refund rights are limited to those set out in Clauses 9.1 to 9.9 above although this does not affect your statutory rights. Subject to Clause 10 below, the remedy in this Clause 9.12 represents our entire liability to You for any claim in respect of the Goods which the law provides, in so far as We are permitted to limit Our liability to You.
- 5.12 If You believe that Goods have a defect then You should not make any further use of them before returning them to Us. Nothing in these Terms shall affect Your statutory rights. These are Your rights granted by law and which cannot be changed by Us.
- 5.13 If You wish to return Goods in accordance with Clause 9.12 You may either:
- 5.13.1 return the Goods to Us in an unused, reasonable condition to the returns address in Clause 9.3; OR
- 5.13.2 if you have paid using a credit or debit card you can return the Goods in a reasonable condition to our store together with the dispatch or delivery note as proof of purchase.
- 5.14 We will aim to process Your refund or replace the Goods as soon as possible but will do so within 30 (thirty) days of You returning the Goods to Us. If you have paid using a credit or debit card and if You choose to return Goods to our stores, any refund or replacement due may be made at that time except that any delivery charge refunds which are due will be processed separately. We reserve the right to send any Goods which You claim are faulty to Our inspections team.
- 5.15 Whenever You return Goods to Us either because You believe they are faulty, We ask that Goods are returned to Us, either by recorded delivery or courier so that You have proof of posting. We will not be responsible for Goods which are lost or damaged in the post.
6 OUR LIABILITY
- 6.1 Nothing in our contract with you seeks to limit or exclude our liability for death or personal injury caused by our negligence [or any acts or omission by us], or for fraud or our fraudulent misrepresentation. You may also have additional rights that cannot be excluded by law and we do not seek to limit or restrict these rights in any way.
- 6.2 You are also entitled to certain legal remedies in respect of defective or non-conforming goods under this contract and we will honour these remedies. For more information on your legal rights and remedies, you should contact Citizens Advice.
- 6.3 Our liability to you will be limited to any losses that both you and us could reasonably foresee being a consequence of us breaching the terms of this contract at the time of entering it. We will not be liable for anything that we could not have been aware of when entering the contract.
- 6.4 As we are entering a contract with you as a consumer, we will not be liable for any business losses that you may suffer as a result of us breaching this contract. For example, we will not be liable for loss of profits or loss of income
- 6.5 TO THE EXTENT THAT WE ARE LIABLE TO YOU IN RESPECT OF BREACH OF CONTRACT, FOR NEGLIGENCE OR FOR ANY OTHER LIABILITY IN RELATION TO THE GOODS OR THIS CONTRACT OR OTHERWISE, OUR TOTAL LIABILITY TO YOU WILL BE LIMITED TO THREE TIMES THE PRICE OF THE GOODS WHICH ARE THE SUBJECT OF THE LIABILITY, PAID BY YOU TO US.
- 6.5 Some of the items which We offer for sale are fashion items and may not be suitable for sports or other activities. You should therefore satisfy yourself that items are suitable for the type of sports activity that You wish to use them for.
- 7.1 We aim to deliver the Goods within the indicative timescales shown on Our Website. References to "working day" shall mean any day of the week excluding Sundays and Bank Holidays. However, time is not of the essence for delivery or performance and all delivery dates specified on our Website and in any correspondence are estimates only. This means that We will not be responsible if Goods are delivered outside those times and We will not be liable for the consequences of any delay. If We are unable to deliver the Goods within the indicated timescale, We shall use reasonable efforts to tell You this by e-mail and give an amended delivery estimate.
- 7.2 If Goods are out of stock then We will let you know by e-mail.
- 7.3 If You Order more than one product, We do not guarantee that all Goods will be delivered to You in one delivery and We reserve the right to deliver in multiple consignments.
- 7.4 Ownership of the Goods will only pass to You upon delivery of the Goods. The Goods will be at Your risk from the time of delivery and You should therefore take reasonable care of them.
- 7.5 If the goods, or quantity of goods, which you receive are not as you ordered then you should inform us by telephone, email or letter using the contact details set out… as soon as possible after you receive the goods and become aware of the error. We will make good any error. We will also reimburse you for any delivery costs which you incur in sending the incorrect goods back to us. However, we ask you to contact us in advance to arrange the return. You should not use any goods which you receive in error and intend to return to us.
Where we have delivered a larger number of a product than you ordered, you will have the right to reject the surplus goods or to accept all of the goods delivered. If you choose to accept the additional goods, we will be entitled to charge you for the additional goods at the same price as the goods ordered. If we notice that we have delivered more goods to you than you ordered and you have not let us know, we will contact you and arrange to resolve the issue.
- 7.6 Goods will be delivered to the address which You provide in the Order process however delivery practices may vary depending on which carrier is delivering the Goods. You must provide a valid address for delivery. The delivery method which We use may vary depending on the nature and number of the Goods. We shall select what We think is the most appropriate delivery method for the Goods. For further information on deliveries please see Delivery Info.
- 7.7 We reserve the right to make alternative arrangements for delivery, which will depend upon the carrier We use to deliver the Goods. This may include leaving the Goods with a neighbour or in a safe place in or around Your property.
- 7.8 If the Goods are not delivered on the date expected you should notify us of such non-delivery within 30 days of such failure of delivery.
- 7.9 As a result of various international carrier restrictions, certain products We sell are not eligible for international delivery. This will either be detailed in the item product description, at the checkout stage when You add such items to Your basket or, in limited circumstances, We may have to cancel Your Order and issue You with a full refund. Oversized products (bags/clubs are excluded from our international service; if you would like an oversized product please email us.
- 7.9 Add-on items can only be with the product the item is designed to fit. If you order the item without the main product - other fees may need to be applied (shipping / packaging) before we ship the item. This are also excluded from shipping time frames.
- 7.10 Pre-order/custom items (i.e. custom golf clubs / golf trolley parts [batteries/replacement parts/add-ons] may take 12 weeks to make and then ship.
8 Click & Collect / Local Drop Off
- 8.1 The standard Click & Collect service is Next Day; occasionally we may have to source from another store, warehouse or supplier; in this scenario delivery may take an extra day. If this is the case with your order you will be informed at the point your expected collection date is displayed.
- 8.2 If you require someone else to collect your order on your behalf, they need to bring a copy of the “My Click & Collect collection time slot %% %% ' email (either printed or on a device) as well as their own photo ID.
- 8.3 Order must be collected within 14 days of receiving your order email. We will email you a reminder that your order is waiting for collection after 7days. After 14 days your item(s) will be returned to our warehouse and we will refund your purchase. Please note that it may take up to 10 working days for your uncollected parcel to reach our refund point, plus 3-5 working days to credit your account.
- 8.4 In order to collect your order from a store, your confirmation e-mail, an official photo ID (passport or driving license) as well as the payment card, and proof of address will be required. If someone else is collecting your order on your behalf, please make sure they bring these elements as well as their own ID card and a letter of authorisation signed by yourself.
All ownership rights known as intellectual property rights in the Goods including all designs, trade marks, brand names, images and logos are and shall remain Our property or those of Our licencors. At no time shall any rights, title or interest in the intellectual property rights pass to You.
- 1 We will not be in any way responsible to You for a failure to sell Goods which You wish to buy or otherwise for a failure to comply with Our obligations under the Contract or any costs or liabilities which You incur as a result of any circumstances beyond Our reasonable control including but not limited to any act of God, flood, fire, trade dispute, lack of third party materials or services or terrorist acts.
- 2 The Contract between You and Us is binding. You may not transfer or assign Your rights or obligations to another person without Our express agreement. We may transfer or assign Our rights and obligations under the Contract or appoint third parties to assist Us in performing Our obligations at any time provided that this will not reduce Our obligations to You.
- 3 If any clause of this Contract is found in any way to be void by a Court or other competent authority then all other clauses of the Contract will continue to apply.
- 4 If either We or You do not at any time act on any rights which we have under this Contract then it will not affect the rights of either of us to enforce any rights at a later stage. If either of us chooses not to rely on a right which we have, it will not affect any other rights which either of us has.
- 5 This Contract is subject to English law and both We and You agree that any dispute arising under or connected to it will be decided by the English courts.
- 6 We may amend these Terms at any time and without notice to You. Any change will take effect immediately after being posted on the Website and will be deemed to be accepted by any person who uses the Website. Where You have already placed an Order, the Contract will remain subject to the version of the Terms which were in place at the time at which You placed Your Order, subject to any changes expressly agreed between You and Us.
- 7 Nothing in these Terms seeks to exclude or limit any rights available under applicable law which cannot be excluded or limited. This means that these Terms will not change any rights which the law grants to You which that law does not allow Us to change or limit.
- 8 Any notice You send to Us will be deemed delivered as follows, depending on how You send it:
- 8.1 on the day on which it is left if You deliver the notice by hand; or
- 8.2 on the day on which it was posted if You post the notice as shown on proof of postage; or
- 8.3 on the day on which it is sent correctly if by fax or email;
- 9 A person who is not party to this Contract shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of it which means that only We and You have rights under it. This does not affect any right or remedy of any person which exists or is available otherwise than under that Act.
- 10 The Contract is the entire agreement and understanding between Us in respect of its subject matter and will supersede and replace any prior agreements, understandings or arrangements whether written or verbal. We each acknowledge that in entering into the Contract neither of us has relied on any representation or promise given by the other or implied from anything said or written other than as specifically set out in the Contract or on the Website. If you are uncertain as to your rights under the Contract or you want any explanation about them please write to or email our customer services department, at the address set out above
- 11 We have a procedure for investigating complaints and for dealing with queries about Our Website. Please see our Customer Charter or contact customer services: 14 John Prince's London, W1G 0JSf
- We want to publish your review, so please:
- 1 keep your review focused on the product.
- 2 Avoid writing about customer service or delivery; contact us if you have issues requiring immediate attention or leave your service/delivery review in the Customer Service area of the review form.
- 3 Keep it clean.
- 4 Refrain from mentioning any Capital Golf competitors.
- 5 Do not include any personally identifiable information, such as your full name, email address etc.
- 6 Please write a minimum of 50 characters.
- If your review does not meet these guidelines, your review will be rejected.
Internet Privacy & Cookies Policy
HOW WE USE YOUR DATA
If you have any questions in relation to this policy or generally how your personal data is processed by us, please contact us by letter addressed to: 14 John Prince's St Marylebone, London W1G 0BJ; by email at email@example.com
This policy applies to any personal data that we collect about you when you:
- visit any of our websites;
- purchase products from us;
- visit one of our stores;
- contact us, for example by telephone, email, post or through submitting a form on our websites.
WHO ARE WE?
We may send you marketing messages by email, SMS, social media and post; about us and our products; where you have not unsubscribed and where you have purchased similar products and/or services from that brand or entity, or where you have otherwise signed up, or consented, to receive marketing messages from a brand or entity.
WHAT INFORMATION DO WE COLLECT ABOUT YOU?
If you have an account with us or make a purchase online with us, or enter a competition or respond to a survey with us, we collect your name and contact details (including your address, telephone number, details about your order, and your billing information (where you are purchasing products)).
We also collect details of your interactions with us through phone, mail, in store or online. For example, when you telephone one of our stores, we collect notes of our conversations with you and details of your query and from time to time we may record your calls for training and monitoring purposes. We also collect information about the purchases that you make, your saved items, your payment information, any complaints and comments that you make and your shopping preferences. We also collect CCTV images in all our locations.
Each time you visit one of our websites, we will also automatically collect information and personal data about your computer for system administration including, where available, your IP address, operating system and browser type. We do this to help us analyse how users use the websites (including behaviour patterns and the tracking of visits across multiple devices), to establish more about our website users and to assist us in managing your account and improving your online experience. We also collect information about your activities on our websites, for example what device you are using and what products you're looking at.
Please see our cookies policy for further information about what information may be automatically collected when you visit our cookie jar.
Please note that, from time to time, we will combine personal data that we receive from other sources with personal data you give to us and personal data we collect about you.
WHERE DO WE GET THIS INFORMATION FROM?
We collect some of your information directly from you, either through information that you give to us or information that we collect during your visits to our websites, stores, or through your communications with us. We may also obtain some information from third parties, including retail analytics companies, consumer insight companies and credit reference agencies and publicly available sources to assist us with understanding customer demographics and shopper behaviours, or where we merge with or otherwise acquire another business.
Information that you give us
You may share personal data about yourself with us by:
· filling in forms on our websites, including when you purchase products online, submit queries to us, create an account on one of our websites and/or sign up to receive promotional material and newsletters;
· responding to a survey or entering a competition with us;
· giving us information about yourself in any communication with us, either by telephone, e-mail, post or otherwise, either in connection with your account, purchases, or to report a complaint or issue.
You are not obliged to provide your personal data to us. However, if you do not provide your personal data to us, we may not be able to fulfil your order or provide other services to you or respond to your queries.
Information that we collect about you
We collect personal data about you:
· when you visit our websites, including details of your visits to our websites including, but not limited to, Internet Protocol (IP) address used to connect your computer to the internet, MAC addresses, traffic data, location data, your login information, time-zone setting browser type and version, browser plug-in types and versions, operating system and platform, weblogs, cookies and other communication data, and the resources that you access. For more information please see our cookies policy
· when you link your Twitter, Instagram or Facebook accounts with us, to enable you to log onto our websites simply and securely without having to create a new account;
· when you visit one of our stores, including CCTV images;
· when you contact us in relation to our products, services, a complaint or another query or issue. In particular, calls to our stores will be recorded for training and monitoring purposes from time to time.
Information that we receive from other sources
We will receive personal data about you from other third parties, including:
When we work with retail analytics companies, consumer insight companies, credit reference agencies and through our use of information from publicly available sources.
WHY DO WE NEED YOUR INFORMATION?
The main purpose for which we use your information is to provide you with the products that you purchase from us and to send you offers and promotions that you might be interested in.
In particular, we use your information:
- to provide you with the products that you have purchased from us and any receipts of purchase, including to deliver your products, and to send you order status updates;
- to take payments for the products that you have purchased and to give refunds or exchanges;
- to provide customer service and support to you;
- to develop and improve our products and services;
- to develop and improve our websites and set default options for you (such as language and currency) and to ensure that content is presented in the most effective manner;
- to provide you with information that you request from us or which we feel may interest you. We may send you marketing information by email, SMS or post. This can include information about new products and offers that you may find interesting;
- to research our customers' preferences and trending products;
- to run surveys and competitions;
- to notify you about changes to our products;
- as part of our efforts to keep our stores safe and secure (for example through the use of CCTV in our stores);
- to prevent and detect fraud and crime (for example, through the use of CCTV in our stores).
BASIS FOR USING YOUR INFORMATION
Necessary for the entry into or performance of a contract
When you enter into a transaction with us or one of our brands, a contract between you and the relevant brand will have been entered into. In order for us to fulfil our obligations under such contract (e.g. to allow you to place an order and receive products from us), we will need to collect and process your personal information. Failure to provide the requisite personal information on sign-up to an account or on placing an order and payment information or objecting to this type of processing / exercising your deletion rights will mean we cannot provide our products to you.
Legitimate business interests
- provide you with products as requested by you;
- carry out research to understand our customers and how they purchase and use our products;
- develop and improve our products.
As indicated below, we will also pass your personal data to members of the Capital Golf and other third parties and this is also for our legitimate business interests.
We are required to carry out a balancing test of our legitimate business interests in using your personal data outlined above against your interests and rights under the Data Protection Laws and regulations in the relevant territory. As a result of our balancing test, which is detailed below, we have determined, acting reasonably and considering the circumstances, that we are able to process your personal data in accordance with the Data Protection Laws on the basis that we have a legitimate business interest.
We have a legitimate interest in processing your information as:
· we both benefit from the effective management of your account(s) (where applicable);
· we both benefit from the effective management, operation and administration of our websites;
· we both benefit from the provision of products, services and support and from improvements to our services;
· we both benefit from updates to our websites;
· we will both benefit from the ability to enforce or apply rights under any contract between us;
· we are required to ensure the health and safety of our customers and the security of our stored data and have a legitimate interest in ensuring any processes relating to the same are effective and that fraud and other crimes are prevented and detected;
· we would be unable to provide our products and services without processing your information; and
· we have a legitimate interest in processing your information in connection with any mergers, acquisitions or reorganisation of our business, in which case some of your information may be shared with a prospective buyer or otherwise but only so far as is strictly necessary for the purposes of such sale or administration.
Impact of processing
We consider that it is reasonable for us to process your personal data for the purposes of our legitimate interests outlined above as the processing of your personal data does not unreasonably intrude on your privacy.
As set out above, we will send you marketing communications where you have not told us that you wish to unsubscribe and where you have purchased similar products and/ or services from the same brand. You will also receive marketing communications from us where you have signed up, or otherwise consented, to receive marketing messages from Capital Golf
WHO DO WE SHARE YOUR INFORMATION WITH?
We do not, and will not, sell any of your information to any third party, including your name, address, email address or credit card information. However, we do share your information with a number of select third parties to enable us to provide our products and services to you, to send marketing information and to improve our business operations as set out below.
- Companies that do things to get your purchases to you, such as payment service providers, warehouses, order packers and delivery companies;
- Our trusted service providers, such as marketing agencies, advertising partners, website hosts and other third parties who provide services to help us to tailor our marketing to you;
- Credit reference agencies, law enforcement and fraud prevention agencies;
- Companies approved by you, such as social media sites, including companies such as Facebook and Google; and
- We will provide third parties with aggregated but anonymised information and analytics about our customers and, before we do so, we will make sure that it does not identify you.
We will only share your information with third party suppliers where it is necessary for them to provide us with the services we need.
We may disclose your information to other companies in connection with any merger, acquisition, insolvency situation or otherwise, in which case we will only disclose your information so far as is necessary.
We may also need to disclose personal data to third parties to comply with a legal or regulatory obligation, or if necessary for legal proceedings.
WHAT AUTOMATED DECISIONS DO WE MAKE ABOUT YOU?
We carry out some profiling of you for the purposes of improving and developing our products and services and to help us to tailor our marketing to you.
The impact of any automated decision is to ensure you experience the best service possible.
We use information that we learn about you such as your gender, preferences, hobbies, interests and purchase history to make sure the marketing you receive from us and the way our websites are displayed to you are appropriate and tailored to you.
WHERE IS YOUR INFORMATION STORED AND HOW LONG DO WE KEEP IT FOR?
Transfers outside of the European Economic Area
The information which we collect about you may be transferred outside the European Economic Area. In the event of such transfer, we will ensure the adequate standard of security is in place for example by incorporating the European Commission approved clauses into our agreements with such third parties to ensure the security of your personal data.
Retention of your personal data
- cookies are deleted in accordance with our cookies
- CCTV images are kept for 70 days;
- marketing consents will be refreshed/deleted after 4 years, however, our aim is only to market to you for as long as we believe you want to continue hearing from us based on how you interact with us.
If reasonably necessary or required to meet legal or regulatory requirements, resolve disputes, prevent fraud and abuse, or enforce our terms and conditions, we will also keep hold of some of your information, even if it is no longer needed to provide our services to you.
Security of your personal data
Transmission of information via the internet is not and cannot be completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our websites; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
WHAT NON-PERSONALLY IDENTIFIABLE INFORMATION DO WE COLLECT?
We may also collect non-personally identifiable information (that is, information that does not specifically identify you), for the purposes of aggregates and statistics.
WHAT RIGHTS DO YOU HAVE?
In some instances, we may be unable to carry out your request, in which case we will contact you to explain why.
1. You have the right to request access to your personal data
You have the right to request confirmation that your personal data is being processed, access to your personal data (through us providing a copy) and other information about how we process your personal data.
2. You have the right to ask us to rectify your personal data
You have the right to request that we rectify your personal data if it is not accurate or not complete.
3. You have the right to ask us to erase your personal data
You have the right to ask us to erase or delete your personal data where there is no reason for us to continue to process your personal data. This right would apply if we no longer need to use your personal data to provide products to you, where you withdraw your consent for us to send you marketing information, or where you object to the way we process your personal data (see right 6 below).
4. You have the right to ask us to restrict or block the processing of your personal data
You have the right to ask us to restrict or to block the processing of your personal data that we hold about you. This right applies where you believe the personal data is not accurate, you would rather we block the processing of your personal data rather than erase your personal data, where we don't need to use your personal data for the purpose we collected it for but you may require it to establish, exercise or defend legal claims.
5. You have the right to port your personal data
You have the right to obtain and reuse your personal data from us to reuse for your own purposes across different services. This allows you to move personal data easily to another organisation, or to request us to do this for you.
6. You have the right to object to our processing of your personal data
You have the right to object to our processing of your personal data on the basis of our legitimate business interests, unless we are able to demonstrate that, on balance, our legitimate interests override your rights or we need to continue processing your personal data for the establishment, exercise or defence of legal claims.
7. You have the right not to be subject to automated decisions
You have the right to object to any automated decision making, including profiling, where the decision has a legal or significant impact on you.
8. You have the right to withdraw your consent
You have the right to withdraw your consent where we are relying on it to use your personal data, for example where we are relying on your consent to send you marketing information.
We always give you the choice of whether or not you wish to receive marketing communications from us.
By contacting us firstname.lastname@example.org you can tell us that you do not wish to receive marketing communications from us and we will update your records. You can also click on the unsubscribe link in any promotional emails.
Third Party - Klarna
In order to be able to offer you Klarna’s payment options, we will pass to Klarna certain aspects of your personal information, such as contact and order details, in order for Klarna to assess whether you qualify for their payment options and to tailor the payment options for you.
WHAT IF YOU HAVE A COMPLAINT?
You can also contact the Information Commissioner's Office at Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF www.ico.org.uk .
Our websites may, from time to time, contain links to and from the websites of third parties. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies or your use of those websites.
This policy was last reviewed and updated in 02/01/2020.