GENERAL TERMS AND CONDITIONS OF

www.golfcards.com or golfcard.de

§ 1 Scope and provider

1. The General Terms and Conditions of Business (hereinafter referred to as “GTC”) govern the sale of products by Golf Card GmbH (hereinafter referred to as “Provider” or GFC) to you in the version valid at the time of your order.
2. Deviating General Terms and Conditions of the customer are rejected.
3. Please read these Terms and Conditions carefully before placing an order with Golf Card GmbH. By placing an order with Golf Card GmbH you agree to the application of these terms and conditions of sale to your order.
4. On Golfcards.com  or Golfcard.de (hereinafter referred to as “Provider” or GFC) as well as their subsites we offer the sale of the following products: (Digital) advantage cards

§ 2 Conclusion of the contract

• Contracts on this portal can only be concluded in German or English.
• The products/offers presented in the shop are directed exclusively to end customers with a billing and delivery address (worldwide).
• The customer must be at least 18 years old.
• The presentation of the goods in the online shop does not represent a legally effective offer. By the presentation of the goods the customer is merely requested to make an offer.
• Your order represents an offer to Golfcards.com to conclude a sales contract. The customer makes a binding offer when he has gone through the online ordering process by entering the information requested there and clicks the button “Buy Now” in the last step of the order process.
• The purchase contract between the vendor and the customer is only concluded when the vendor has issued a declaration of acceptance. This takes place at the earlier of the two dates, either sending of the goods or sending of a shipping confirmation by e-mail. Please note that the confirmation of receipt of your order does not represent a declaration of acceptance in the aforementioned sense.
• The effectiveness of contracts for larger than household quantities as well as the commercial resale of the object of purchase requires the express confirmation on the part of the provider. This refers both to the number of ordered products within the scope of an order and to the placing of several orders of the same product, where the individual orders cover a quantity customary in households.
• Your orders will be stored by us after conclusion of the contract. Should you lose your documents relating to your orders, please contact us by e-mail or telephone. We will send you a copy of the order data.
• You will receive the amount shown in the order delivery; GolfFeeCard or Golf Card will appear on your credit card statement as the payee. The digital card itself is also your receipt for the payment made. An invoice can optionally be sent electronically to your e-mail address. Please contact info@golfcard.de for this purpose.

§ 3 Prices and shipping costs

• Our prices include the statutory value-added tax applicable at the time and do not include a flat-rate shipping charge or shipping surcharge.
• The prices at the time of the order shall apply.

§ 4 Delivery and cancellation

• Unless otherwise agreed, delivery shall be made to the delivery address (e-mail address and/or mobile phone number) provided by the customer.
• If GFC discovers during the processing of your order that products ordered by you are not available, you will be informed of this separately by e-mail or by message. The legal claims of the customer remain unaffected.
• If a delivery to the customer is not possible because the delivered goods cannot be delivered to the delivery address provided by the customer, the customer shall bear the costs for the unsuccessful delivery if the entries are due to an error on his part. .
• The delivery is made according to the customer’s method of payment. If payment is made by credit card, delivery will be made after the contract has been concluded.
• If your order is shipped in more than one package, you may receive a separate shipping confirmation for each package. In this case, a separate sales contract is concluded between us for each shipping confirmation for the products listed in the respective shipping confirmation. The contractual partner is Golf Card GmbH. Irrespective of your right of revocation, you may cancel your order for a product free of charge at any time prior to sending the corresponding shipping confirmation.
• This right of cancellation does not apply to certain product groups and services, including digital content or software that is not delivered on a physical medium (e.g. a CD or DVD), if the download or use (whichever is earlier) has begun.

§ 5 Payment

• The customer can pay for the goods by the following methods of payment: – credit card = Mastercard
• Certain payment methods can be excluded by the provider in individual cases.
• The customer is not permitted to pay for the goods by sending cash or cheques.
• Should the customer choose an online payment method, the customer authorises the supplier to collect the amounts due at the time of the order.
• If the Supplier offers payment by credit card and the Customer chooses this method of payment, the Customer expressly authorises the Supplier to collect the amounts due prior to dispatch of the goods.
• Should the Customer be in default of payment, the Supplier reserves the right to claim damages for default.

§ 6 Set-off and right of retention

• The customer is only entitled to offsetting if the customer’s counterclaim has been legally established or is not disputed by the provider.
• The orderer can exercise a right of retention only if your counterclaim is based on the same contractual relationship.

§ 7 Retention of title

Golf Card GmbH retains title to the goods until payment has been made in full.

§ 8 Defects law

• If the customer is a consumer, the warranty and liability for defects of the delivered object of purchase shall be governed by the statutory provisions: According to this, buyers in the European Union have, in addition to their 30-day return guarantee, warranty rights for a period of two years from the delivery of the goods and can demand the repair or replacement of products purchased on Golfcards.com or Golfcard.de if they prove to be defective or not as described. If the goods cannot be repaired or replaced within a reasonable time or without difficulty, you may request a refund or reduction of the purchase price.
• In the case of used goods, the warranty period may be shorter than two years.
• If the purchaser is not a consumer, the defect will be remedied by new delivery or new performance.
• If the purchaser is not a consumer, the period of limitation is one year. This shall apply insofar as no claims for damages and reimbursement of expenses are asserted which are based on compensation for damage to body and health or on intent or gross negligence.

§ 9 Limitation of liability (products)

• The provider is liable for claims for damages of the customer from the injury of life, body, health or from the violation of essential contractual obligations, as well as for other damages, which are based on their intentional or grossly negligent breach of duty, or one of the legal representatives or vicarious agents of the provider.
• Essential contractual obligations are obligations whose fulfilment is necessary to achieve the goal of the contract.
• The provider is liable for violations of essential contractual obligations, which are based on contract-typical, foreseeable damages, provided that the damage was caused by simple negligence. This limitation does not apply to claims for damages of the customer, which are based on an injury to life, body or health.
• The provisions of the Product Liability Act shall remain unaffected.
• As far as the liability of GFC is excluded or limited, this also applies to the personal liability of employees, representatives and assistants.

§ 10 Cancellation policy

• If the purchaser is a consumer, he has a right of withdrawal in accordance with the following provisions:
• Right of revocation You have the right to revoke this contract within fourteen days without giving reasons. The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the goods (or the last goods, partial shipment or piece in the case of a contract for several goods of a uniform order or the delivery of a goods in several partial shipments or pieces) or from the day of the conclusion of the contract, in the case of digital content that is not delivered on a physical data carrier (e.g. CDs or DVDs), to revoke the contract without giving reasons.In order to exercise your right of revocation, you must give us: Golf Card GmbH Dahlienstr. 3 67112 Mutterstadt Germany Phone: +49 62349477610 e-mail: info@golfcard.deinform us by means of a clear statement (e.g. a letter, fax or e-mail sent by post) of your decision to withdraw from this contract. You can use the sample revocation form on our website or send us another clear statement. If you make use of this option, we will immediately (e.g. by e-mail) send you a confirmation of receipt of such a revocation. In order to comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the end of the revocation period and that you have returned the goods via our online return centre within the period defined below. For additional information regarding the scope, content and explanation of the exercise, please contact our customer service.
• Consequences of the revocation If you revoke this Agreement, we shall reimburse you for all payments we have received from you, including delivery charges (except for any additional costs resulting from your choosing a different method of delivery to the cheapest standard delivery offered by us), without delay and no later than 14 days from the date on which we receive notification of your revocation of this Agreement. For this refund, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund.We may refuse to make any refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier. You must return the goods without delay and in any event no later than 14 days from the date on which you notify us of the cancellation of this agreement toGolf Card GmbH Dahlienstr. 3 67112 Mutterstadt Germany Phone: +49 62349477610 e-mail: info@golfcard.de to return or hand over. The deadline is met if you send the goods before the end of the 14-day period. You bear the direct costs of returning the goods.
• Exceptions to the right of withdrawal You shall only be liable for any loss of value of the goods if this loss of value is due to handling of the goods which is not necessary for the purpose of checking their nature, properties and functioning. The right of revocation does not exist or expires for the following contracts: – for the delivery of goods which are not suitable for return for reasons of health protection or hygiene and whose seal has been removed after delivery or which have been inseparably mixed with other goods after delivery due to their nature; – for the supply of sound or video recordings or computer software in a sealed package if the seal has been removed after delivery; – for the delivery of goods which are manufactured according to customer specifications or which are clearly tailored to personal requirements – for the delivery of goods that can spoil quickly or whose expiration date would be quickly exceeded; – in the case of services, when GFC has provided the service in full and you have taken note of and expressly agreed before ordering that we may commence providing the service and you will lose your right of cancellation upon full performance of the contract; – for the delivery of newspapers, magazines or journals, with the exception of subscription contracts; and – for the supply of alcoholic beverages, the price of which was agreed when the purchase contract was concluded, but for which delivery can only take place after 30 days and the current value of which depends on fluctuations in the market over which the entrepreneur has no control

§ 11 Exclusion of the right of revocation

• The right of revocation does not apply to contracts – for the delivery of goods which are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer; – for the supply of goods which may spoil quickly or whose expiry date would be quickly exceeded;
• The right of withdrawal expires prematurely in the case of contracts – for the delivery of sealed goods which are not suitable for return for reasons of health protection or hygiene, if their seal has been removed after delivery; – for the delivery of goods if they have been inseparably mixed with other goods after delivery because of their nature; – for the supply of sound or video recordings or computer software in a sealed package if the seal has been removed after supply.

§ 12 Data protection

• Should personal data (e.g. name, address, e-mail address) be collected, we undertake to obtain your prior consent. We undertake not to pass on any data to third parties unless you have given your prior consent.
• We would like to point out that the transmission of data on the Internet (e.g. by e-mail) can have security gaps. Accordingly, an error-free and trouble-free protection of third party data cannot be fully guaranteed. In this respect, our liability is excluded.
• Third parties are not entitled to use contact data for commercial activities if the provider has given the persons concerned prior written consent.
• You have the right at any time to receive complete and free information from GFC about the data concerning you.
• Furthermore you have the right to correction/deletion of data/restriction of processing for the user.
• Further information on data protection can be found in the separate data protection declaration.

§ 13 Cookies

• It may happen that we use cookies to display the product range. Cookies are small text files that are stored locally in the cache of the visitor’s Internet browser.
• Numerous Internet pages and servers use cookies. Many cookies contain a so-called cookie ID. A cookie ID is a unique identification of the cookie. It consists of a string of characters by which Internet pages and servers can be assigned to the specific Internet browser in which the cookie was stored. This enables the Internet pages and servers visited to distinguish the individual browser of the person concerned from other Internet browsers that contain other cookies. A specific Internet browser can be recognized and identified by means of the unique cookie ID.
• The use of cookies can provide users of this website with more user-friendly services that would not be possible without the setting of cookies.
• We would like to point out that some of these cookies are transferred from our server to your computer system, whereby these are mostly so-called session-related cookies. Session-related cookies are characterised by the fact that they are automatically deleted from your hard drive at the end of the browser session. Other cookies remain on your computer system and enable us to recognize your computer system during your next visit (so-called permanent cookies).
• You can object to the storage of cookies, for this purpose a banner is available to you which you can object to/accept.
• Of course, you can set your browser so that no cookies are stored on the hard disk or cookies already stored are deleted. The instructions regarding the prevention and deletion of cookies can be found in the help function of your browser or software manufacturer.

§ 14 Place of jurisdiction and applicable law

• For differences of opinion and disputes arising from this contract, the law of the Federal Republic of Germany shall apply exclusively, excluding the UN Convention on Contracts for the International Sale of Goods.
• The sole place of jurisdiction for orders from merchants, legal entities under public law or special funds under public law is the registered office of the supplier.

§ 15 Final clauses

• Contract language is German or English.
• We do not offer products or services for purchase by minors. Our products for children can only be purchased by adults. If you are under 18, you may use GFC only with the involvement of a parent or guardian.
• If you breach these Terms and Conditions and we do not take action against you, we will still be entitled to exercise our rights on any other occasion where you breach these Terms and Conditions of Sale.
• We reserve the right to make changes to our website, rules, terms and conditions, including these Terms and Conditions, at any time. Your order will be subject to the terms and conditions of sale, contract terms and conditions in force at the time of your order, unless a change to these terms and conditions is required by law or governmental order (in which case they will also apply to orders you have previously placed). If any provision in these Terms of Sale is invalid, void or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.
• The invalidity of a provision shall not affect the validity of the other provisions of the contract. Should this case occur, the provision shall be replaced by another legally permissible provision that corresponds to the meaning and purpose of the invalid provision.

Updated 10/06/2020