TErms & Conditions
Golf Training Device Order Agreement Terms & Conditions Documentation.
Your Golf Training Device Order Agreement (the “Agreement”) is made up of the following documents:
- Device Description: The Device Description describes the Golf Training Device that you ordered, including pricing (excluding taxes and official or government fees).
- Final Price Sheet: The Final Price Sheet will be provided to you as your delivery date nears. It will include final pricing based on the Golf Training Device ordered, Order Fee paid, remaining balance due, and will include taxes and official or governmental fees.
- Terms & Conditions: These Terms & Conditions are effective as of the date you place your order and make your Order Fee (the “order date”).
Agreement to Purchase. You agree to purchase the golf training device (the “device”) described in your device description from turn90, Inc. or its affiliate (“we,” “us” or “our”), pursuant to the terms and conditions of this agreement.
Purchase Price, Taxes and Official Fees. The purchase price of the device is indicated in your device description. This purchase price does not include taxes and official or government fees, which could amount to up to 10% or more of the device purchase price. Because these taxes and fees are dependent on the location of the purchaser, they will be calculated closer to the time of delivery and indicated on your final price sheet. You are responsible for paying these additional taxes and fees. If you present a check for any payment, we may process the payment as a normal check transaction, or we may use information from your check to make a one-time electronic fund transfer from your account, in which case your bank account will reflect this transaction as an Electronic Fund Transfer.
Order Process; Cancellation; Changes. After you submit your completed order, we will begin the process of preparing and coordinating your device delivery. At this point, you agree that the order fee has been earned. If you cancel your order or breach this Agreement and we cancel your order, you agree that we may retain as liquidated damages the order fee, to the extent not otherwise prohibited by law. You acknowledge that the order fee is a fair and reasonable estimate of the actual damages we have incurred or may incur in transporting, remarketing, and reselling the Device, costs which are otherwise impracticable or extremely difficult to determine. In the event that we cancel your order, and there has been no cancellation or breach of this agreement on your part, we will refund the order fee to you in full. If you make changes to your order, you may be subject to potential price increases for any pricing adjustments made since your original order date. Any changes made by you, including changes to the delivery location or estimated delivery date, will be reflected in a subsequent device description that will form part of this agreement. The order fee and this agreement are not made or entered into in anticipation of or pending any conditional sale contract.
turn90 will notify you of when we expect your device to be ready for delivery and coordinate the shipment of your device to you from our facility. We will send the Device via certified mail which will require a signature from you to accept. You agree to schedule and receive delivery of your device within three (3) days of this date. If you do not respond to our notification or are unable to receive delivery within the specified period, we will resend your device one more time free of charge. After that additional deliveries will charged additionally.
The estimated delivery date of your Device, if provided, is only an estimate as we do not guarantee when your Device will actually be delivered. Your actual delivery date is dependent on many factors, including your Device’s order date and manufacturing availability. To secure your final payment and performance under the terms of this Agreement, we will retain a security interest in the Device and all proceeds therefrom until your obligations have been fulfilled.
Agreement to Arbitrate. Please carefully read this provision, which applies to any dispute between you and turn90, Inc. and its affiliates, (together “turn90”).
If you have a concern or dispute, please send a written notice describing it and your desired resolution to email@example.com
If not resolved within 60 days, you agree that any dispute arising out of or relating to any aspect of the relationship between you and turn90 will not be decided by a judge or jury but instead by a single arbitrator in an arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. This includes claims arising before this Agreement, such as claims related to statements about our products.
We will pay all AAA fees for an arbitrator of turn90’s choosing.
The arbitrator may only resolve disputes between you and turn90, and may not consolidate claims without the consent of all parties. The arbitrator cannot hear class or representative claims or requests for relief on behalf of others purchasing turn90 devices. In other words, you and turn90 may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any class or representative action. If a court or arbitrator decides that any part of this agreement to arbitrate cannot be enforced as to a particular claim for relief or remedy, then that claim or remedy (and only that claim or remedy) must be brought in court and any other claims must be arbitrated.
If you prefer, you may instead take an individual dispute to small claims court.
Warranty. We will guarantee all hardware on the device for one year from the date of delivery. Software updates will be available free of charge.
Limitation of Liability. We are not liable for any incidental, special or consequential damages arising out of this agreement. Your sole and exclusive remedy under this Agreement will be limited to reimbursement of your Order Fee.