1) ORDER ACCEPTANCE
By placing an order with Monark Golf ("Seller"), Buyers agrees to Seller's Terms and Conditions only. Any other terms and conditions will be considered void. The Terms and Conditions below will supersede any previous terms and conditions.
2) PRICES
(a) All orders are accepted on the basis of prices and terms prevailing at the time of shipment. Prices and terms are subject to change without prior notice. All prices are net, FOB Seller's warehouse.
(b) Seller reserves the right to change specifications, modify product designs, withdraw products or limit order quantities without prior notice.
(c) Seller is not responsible for any typographic or photographic error.
3) PAYMENT TERMS
Seller accepts several methods of payment:
a) Credit card: Visa, Master Card, Amex, Discover.
b) Prepaid: Please mail a Postal Money Order in US Dollar funds. Seller is not responsible for checks lost in the mail. Please do not mail personal checks.
4) FREIGHT
(a) All prices are FOB Walnut, CA 91789 and do not include shipping, taxes or duty. Unless otherwise requested, all shipments are delivered by UPS Ground or USPS within the 48 Continental States. Packages to Puerto Rico, Hawai, Alaska are delivered by USPS priority mail and may require a surcharge depending on actual weight and size of package.
(b) International Orders: Shipping freight for delivery outside the USA is charged at carrier's costs, i.e. the final total of your order cannot be determined until it has been pulled, packed and weighed. Upon Buyer's request, Seller will quote freight before shipping.
5) WARRANTY
a) Seller warrants his product to be free from defects in workmanship and materials, under normal use and conditions, for a period of one (1) year from the original invoice date. The Seller agrees, at its option during the warranty period, to repair any defect in material or workmanship or to furnish a repaired or refurbished product of equal value in exchange without charge. The Buyer is responsible for freight to Seller to return the defective product. Seller will return the replacement product (or returned product if not deemed under warranty) at no charge. Claims are subject to verification of the defect or malfunction. Submit clear pictures and proof of purchase confirmed by the original dated sales receipt for us to decide if the product will be covered under warranty prior to shipping your repair back to us for inspection. Products not purchased directly from Seller or monarkgolf.com must be returned to the original retailer. Warranty claims may take up to 45 days to process from time of receipt.
b) Seller's responsibility is limited only to the paid price of the product. In no event shall Seller be liable for any incident, consequential, or special damage or any kind or nature whatsoever including, but not limited to, lost profits or additional costs to dis-assembly clubs.
c) Claims due to improper assembly procedures, product abuse, or products incorrectly fitted to customers are not covered by this warranty. Any attempt to modify or alter Seller's products (e.g. by bending hosel) shall void this warranty.
d) Seller disclaims any warranty regarding merchantability, performance or fitness for purpose. There is no warranty for playability, expected distance, sound at impact, or any Buyer’s satisfaction.
e) This warranty does Not cover:
- Normal wear and tear.
- Any condition resulting from other than ordinary residential wear or any use for which the product was not intended, such as use in rental or contract trade or commercial use.
- Any condition resulting from incorrect or inadequate maintenance or care.
- Damage resulting from misuse, abuse, negligence, or accidents.
- Product loss or theft
- Any alterations made to the product not specifically intended by the product's design, including cosmetic and structural changes. Any adjustment made to the club in the form of reshafting, loft/lie bending, scoreline engraving, etc. will void the Warranty
- Dissatisfaction due to Buyer’s remorse.
- Damages incurred during transportation.
- Damages incurred during assembly or maintenance.
- Clubhead dents anywhere except on the face of a club. Off-Center dents (sole plate, top plate, side panels) are Not covered.
- Shafts broken in the middle of the club.
- Custom golf clubs cannot be returned if they do not fit the golfer; buyer assumes the risk when ordering. All sales of Custom Clubs are final without return privilege.
- Chipped paint or scuff marks.
- Clubhead cracks not made from clubface contact.
6) DAMAGED GOOD OR SHORTAGES
For damages occuring shipping or shortages (missing products in package), Buyer shall contact Seller within 48 hours upon receipt of shipment. Seller will file a claim against shipper. Buyer shall keep all packing material and handover the entire package with packing material and damaged contents to shipping company to process a claim.
7) RETURNS
a) No returns will be accepted without valid cause and only with Seller's prior written authorization. All return shipments must be accompanied with the original invoice.
b) All returns must be shipped freight prepaid.
c) Return of New Items: Buyer may return the merchandise to Seller within 14 (fourteen) days upon delivery of package if the merchandise is in same condition as when shipped. Any non-defective merchandise returned is subject to a 15% restocking fee. Discontinued items, custom bent heads, custom built clubs are not returnable, i.e. all sales are final. To be considered as new, clubheads must have shrink wrapper closed, if skin wrapper is open, ripped or missing, club head cannot be returned.
d) Return of Mis-Shipped Items: Buyer shall inform Seller within 2 days upon delivery about any mis-shipped or missing products. Seller will pay for the freight of the mis-shipped item back to Seller by providing a prepaid return lable. In the event the mis-shipped merchandise is not returned to Seller, Buyer will be billed for the replacement order including freight.
8) ADDRESS CORRECTION FEES & OTHER SHIPPING CHARGES
Buyer is responsible to inform Seller correct and complete billing and shipping address when placing order, this applies to all orders, phone orders and written internet orders.
Seller is not responsible for fees charged by UPS, USPS, FedEx or any other shipping company in instance where Buyer provides Seller with incorrect ship to or bill to address information (Street, City, State, Zip Code, etc.). Shipper correction fees will be the responsibility of the Buyer and Buyer will therefore be charged for such fees.
9) BACK ORDERS
We are working hard to avoid back orders but backorders may occasionally occure. We will attempt to inform Buyer about any backordered items before shipping. All back orders will be shipped out as soon as possible, unless cancelled by Buyer prior to shipping. Freight for backorders will be charged.
10) COLLECTION
Buyer shall pay Seller reasonable attorney's fees and any all expenses and costs incurred in the collection of any amounts owed to Seller, should it become necessary for Seller to take action to collect any sums hereunder from Buyer.
11) DISCLAIMER
Clubheads are not advertised, sold or represented to be clones, copies or imitations of any other club or model. Seller disclaims Sec. 2:312 C of the Uniform Commercial Code. All products are sold at their own merits.
12) TRADEMARKS
All trademarks used in this site are the property of the respective trademark owners.a
13) SECURITY POLICY
Monark's website is secured by third-party encryption, which allows our visitors to submit information online with the assurance that they are really doing business with Monark (not an impostor's "spoof " site) and that the information they send (such as credit card numbers, online forms, and financial data) is protected from interception or alteration over the Web.
Our web site uses industry-standard 128-bit Secure Socket Layer (SSL) technology to encrypt sensitive information such as your name, address, and credit card number. Encryption is a process wherein we scramble your order information so it cannot be read by anyone other than Monark Golf, even if it is wrongly intercepted en route to us. Using a security-enabled browser (Microsoft Internet Explorer or Netscape Navigator, versions 4.06 or greater) will enable Buyer to take advantage of our site's data encryption feature.
Customer's credit card details are encrypted by PayPal and not accessible by Seller, i.e. Seller has no chance to see or review Buyer's card details. For internet orders Seller does not keep, nor save, nor store any Buyer's card details, payments are processed by PayPal, not by Seller.
Monark wants all of our customers to feel comfortable when they pay for merchandise or services, whether ordered by telephone, fax, or thru internet. If you would feel more comfortable placing your order by phone, please call 877 551 4653 (anywhere in the U.S.) and 909 598 5443 (from outside the USA), Monday through Friday, from 8:30am to 5:00pm Pacific Standard Time, or send fax 24/7 to our secured fax order line: 1-909-598-5444.
14) JURISDICTION
The laws of the State of California shall govern the validity, interpretation and performance of this agreement between Seller and Buyer.
