TERMS & CONDITIONS
USA/ CANADA
VICE SPORTING GOODS GmbH

(08-16-2018)

 

These are our general terms and conditions of business. All our services are rendered and deliveries made exclusively on these terms.

 

1. SCOPE OF APPLICATION

All supplies, services and offers of Vice Sporting Goods GmbH (hereinafter referred to as "VICE") are subject to these terms and conditions, unless the parties expressly make a different agreement. The version valid at the date of the conclusion of the contract shall be authoritative.
 

2. CONCLUSION OF THE CONTRACT

The presentation of goods in the online shop does notrepresent a binding offer of VICE, but a request to you to submit such a binding offer. You can order from our online shop by clicking on the "buy now" button to purchase the goods in the shopping cart. Your order constitutes a binding offer to conclude a purchase contract with regard to the goods ordered. VICE shall confirm the receipt of your order by e-mail. This confirmation of receipt shall not constitute a binding acceptance of the order. The purchase contract shall come into effect when VICE sends you an order confirmation after the receipt of the order or ships the ordered goods to you.
 

3. NOT ACCEPTANCE AND CANCELLATION RIGHT

VICE expressly reserves the right to cancel your order in the following situations, without being liable for any costs or damages:

3.1. The product is temporarily not in stock (all payments will be refunded promptly after consultation with you).

3.2. Your account information is not correct or not verifiable.

3.3. The offered price was incorrect.

3.4. We were not able to deliver to the address you specified.

 

4. DELIVERY SERVICE

4.1. Within USA
The shipping cost is a flat rate of USD 6.95 / order.

4.2. Within CANADA
The shipping cost is a flat rate of USD 7.95 / order.

4.3. General
If the ordered goods despite prior conclusion of a purchase contract are not or no longer available without VICE's fault, VICE will immediately inform you about this. In case of delay you are free to wait for the ordered goods or to cancel the contract. In case of impossibility of delivery both parties are entitled to cancel the contract. In case of cancellation your payment will be refunded immediately by VICE.
 

5. PAYMENT SERVICE

All quoted prices include statutory VAT. You can choose which way you would like to pay - by credit card (Mastercard/Eurocard, Visa, American Express), by paypal (for more information go to www.paypal.com).
 

6. REVOCATION

You can revoke your contractual statement in writing within 14 days without stating reasons (e.g. by letter, fax or e-mail back@vicegolf.com) or, if you received the merchandise before the lapse of the above time limit, by sending it back. The time limit starts to run upon the receipt of this notice in writing, but not before the goods have reached the recipient (in the case of recurring deliveries of similar products not before you receive the first partial delivery).

The cancellation period will be deemed not to have been exceeded if the revocation or the goods are mailed in good time. In order to not exceed the cancellation period the timely mailing of the revocation or the merchandise is sufficient. address the revocation to:

Vice Sporting Goods GmbH
Paul-Heyse-Str. 28
80336 Munich
Germany

Consequences of recovation

In the case of an effective revocation, the mutually received performances must be returned and any derived profits (e.g. interest) must also be returned. If you cannot return to us the performance received, in part or in whole, or if you can only return it in worse condition, you are required to offer compensation of equal value. This does not apply when the deterioration of the goods occurred exclusively when examining them, as may have been possible in a retail shop. You can also avoid the obligation to pay compensation if the goods have been damaged through conventional usage, provided that you do not use the goods as if they were your property and refrain from doing anything which could reduce their value. Transportable goods should be sent back at your risk. The obligations to reimburse payments must be fulfilled within 30 days. The time limit begins for you when you send your cancellation or the goods, and for us upon the receipt thereof.
 

7. WARRANTY

The statutory warranty period is two years and begins when the goods are handed over. During that time we will remedy all defects subject to the statutory warranty at no cost to you. Please report such defects immediately to the delivery personnel or to VICE. Obvious defects must be reported within 14 days from receipt of the goods. Initially, you may only claim rectification. If this fails, you may choose between rescinding the contract or a reduction of the purchase price and damage compensation, as far as the law permits. Please keep in mind, however, that normal wear is not covered by warranty. Golf balls, in particular, are subject to enormous strain. If any particular article cannot be delivered, we will send you a replacement which is equivalent with regard to quality and price (a substitute), which can also be returned within 14 days.

 

7.1. Customized products / logo golf balls
Unfortunately we can not take back golf balls printed especially for you (= logo golf balls)

Please also note that after the printing process, the printed color of the golf ball requires a drying time of up to two weeks. Only then the maximum liability of the color is achieved.

Effects caused by strokes reduce the shelf life and can lead to abrasions of the print.


8. SET-OFF

You only have the right to set-off if your counterclaims have been legally established or are unquestionable.


9. RIGHT OF RESCISSION OF VICE

In the event of writing, printing or calculation errors on the website or in catalogues, advertisements or

flyers, VICE will be entitled to withdraw from contracts based on such errors.


10. RESERVATION OF OWNERSHIP

Different types of customers

Purchases by consumers: we reserve title to the goods until full payment of the invoice amount before.

Purchases by entrepreneurs in commercial or independent professional activity, legal entities under public law or public special assets: we reserve title to the goods until all outstanding claims from the business relationship with the purchaser are compensated. The appropriate security rights are transferable.


10.2 Right of set off

A right of set off is only available if your counterclaims have been legally established or are undisputed or acknowledged by us. Your right of retention soley applicable if your claim is based on the same contractual relationship.

10.3. Default of payment
If the customer is in default of any payment, all existing debts become due immediately.


11. INFORMATION FOR REDEMPTION OF VOUCHERS / PROMOTION CODES

The redemption of vouchers / promotional codes can soley take place online in the checkout process. Vouchers cannot be used retrospectively, i.e. applied to orders already placed.

Only one voucher per order can be redeemed. Vouchers can not be combined.


12. DATA PROTECTION

We will process your personal data in connection with your order. We undertake to treat that data in confidence and not to pass it on to any third parties. Unless you notify us to the contrary, we will assume that you have no objection to receiving information about new VICE offers by post or e-mail. See here for our detailed protection of privacy guidelines.


14. APPLICABLE LAW

The German law is exclusively applicable, to the exclusion of UN sales law. The application of the mandatory norms of the state where the customer has his/her customary place of residence at the time of the conclusion of the contract remains unaffected by this choice. If any one of the above provisions should be or become invalid, it should be replaced with a corresponding provision which is valid and comes as close as possible to the intended meaning of the parties.


15. SEVERABILITY CLAUSE

If one or more provisions of these terms and conditions are invalid or unenforceable, this shall not affect the validity of the emaining terms and conditions. The invalid or unenforceable terms shall be replaced by a terms which come closest to what economically and legally was intended by the parties to the original scheme. This also applies to any contractual loopholes.


16. SUPPLIER IDENTIFICATION

Vice Sporting Goods GmbH
Paul-Heyse-Str. 28
80336 Munich

Phone (toll free USA): 888-642-0934
E-Mail: support@vicegolf.com

CEOs: Ingo Duellmann, Rainer Stoeckl
 

17. Referral Program

VICE(„we“, „us“, „our“) offers users („Advocates“) the opportunity to refer friends („Friends“). These terms apply to all parties who access or use the program.

Advocates and Friends must be a resident of the United States, Canada, Puerto Rico or the Virgin Islands and must be 18 years or older. Advocates and Friends may not participate in the referral program where doing so would be prohibited by any applicable law or regulations.

By participating in the referral program the parties agree to use the program in the manner specified in, and are bound by, these Terms and Conditions. If you do not agree to these Terms and Conditions in their entirety you are not authorized to register as an Advocate or Friend or participate in the program in any manner.

The referral program is subject to modification or termination at any time without notice in our sole discretion. You may terminate this agreement if you do not wish to be bound by any such amendments but by continuing to use our website or the program you will be deemed to have accepted the new terms.

Referred Friends can receive a promo code when participating in the program. Advocates can receive gift cards when they refer Friends. To qualify for a promo code, the referred Friend must be a new customer. Advocates are not allowed to refer themselves. Advocates may not refer anyone who is an existing customer of www.vicegolf.com under an alternate email address. Promo codes are only valid for purchases with a certain order value and must be used prior to the promo code‘s expiration date. Promo codes are for one-time use only. Certain items can be excluded from promo codes. Advocates will receive a gift card via email after their referral is approved. To receive multiple gift cards an Advocate must refer multiple friends with approved purchases.

In case an Advocate refers a friend who is already a customer of www.vicegolf.com VICE can decide to offer a different promo code instead.

Referrals will be approved after 32 days of the referred Friend’s purchase. A referral is approved when (i) the referred Friend uses the promo code for the purchase which was obtained through the referral, (ii) the referred Friend’s order value is above $100, (iii) the referred Friend does not return all or a part of the purchased items so that the order value drops below $100. Gift cards cannot be applied to previous purchases and are not redeemable for cash unless required by law. Advocates may only earn one gift card per referred person.

Any abuse of this offer as determined by us in our sole discretion, may result in the rescission of the referring Advocate’s gift cards and the referred Friend’s promo code as well as both parties‘ inability to participate in this or future promotions. If a customer wishes to be removed from the referral program, they can do so by contacting referral@vicegolf.com or use the Opt-Out button in the referral emails.
 

18. Gift Cards

Customers can purchase and redeem Vice Golf gift cards on vicegolf.com. They are available as digital gift cards sent out by e-mail and physical gift cards sent out by mail.

To redeem your gift card on vicegolf.com, simply select “Gift Card” as your method of payment during checkout and enter both the gift card number and PIN as prompted.

In case your planned purchase total exceeds the available credit on your gift card, you must select an additional payment method to settle the remaining balance. The additional payment method can also be an additional gift card.

Vice Golf gift cards expire 5 years after either the original purchase date or your last recharge.

Vice Golf gift cards purchased on vicegolf.com may be redeemed in any country that uses the same national currency it was paid with. Gift cards may not be redeemed for cash unless required by law. Gift Cards cannot be applied to previous purchases.

You may cancel your unused gift card within 14 business days of receipt. Please reach out to us with the number of your gift card. Vice Golf will refund the value of the gift card to the original payment method used during the purchase.

In case of loss or theft of your gift card please contact us immediately. Have your purchase receipt at hand.

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