Terms and Conditions of Sale

PLEASE READ THIS DOCUMENT CAREFULLY! IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU. THESE TERMS AND CONDITIONS GOVERN YOUR USE OF THIS SITE.

This Agreement and any documents referenced here contain all of the terms and conditions that apply to purchases by you (“Customer”) from Acushnet Company ("FootJoy") sold by FootJoy in Canada. By placing an order with FootJoy, Customer agrees to be bound by and accepts these terms and conditions. These terms and conditions are subject to change without prior written notice at any time, in FootJoy's sole discretion.

Governing Law

THIS AGREEMENT AND ANY SALES HEREUNDER SHALL BE GOVERNED BY THE LAWS OF THE COMMONWEALTH OF MASSACHUSETTS, WITHOUT REGARD TO CONFLICTS OF LAWS RULES. YOU MAY BE SUBJECT TO OTHER TERMS AND CONDITIONS GOVERNING CERTAIN FEATURES OF OUR SITE, INCLUDING PURCHASES FROM FOOTJOY.

Payment Terms

Payment must be received by FootJoy prior to FootJoy's acceptance of an order. Payment for the products is to be made by credit card at time of order. Orders are not binding upon FootJoy until accepted by FootJoy. We reserve the right to refuse or decline any order whether or not the order has been confirmed and your credit card charged. Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute our offer to sell. If your credit card has already been charged for the purchase and your order is declined, we will issue a credit to your credit card account in the amount of the charge.

Shipping and Handling Charges

Separate charges for shipping and handling will be shown prior to order and on the invoice(s).

Taxes

Certain sales or other taxes may apply to your purchase. These taxes vary from province to province and will be collected for orders shipped to provinces where these taxes are applicable. The amount of tax charged is based on current province and local tax rates as well as other factors, including the identity of the seller, the type of item purchased, and the shipment destination of the order. Please review and confirm the taxes applied to your order in your shopping cart before submission.

Risk of Loss

Loss or damage that occurs during shipping by a carrier selected by FootJoy is FootJoy's responsibility.

Warranties

THE LIMITED WARRANTIES APPLICABLE TO FOOTJOY PRODUCTS ARE LOCATED HERE: Warranties

Return Policies: Products purchased directly from FootJoy by a Customer may be returned in accordance with the Return Policy located here: Return Policy

Products

The MyJoys product shown on www.footjoy.com is an actual sample product of potential MyJoys golf shoe color combinations. Due to natural variations in leather, the actual product color(s) may vary slightly. FootJoy is not responsible for variations of on-screen computer resolution and color calibration. This may result in a slightly different image of product on-screen versus end product delivered to Customer.

Acushnet Company reserves the right to reject orders for imprints on our products that may, in our sole discretion, be inconsistent with our company values or brand identity, including, but not limited to logos, designs and/or personalizations that are negative in nature, advocate violence or illegal activity, or are slurs, hateful, threatening, libelous, defamatory, vulgar, obscene or pornographic.

Limitation of Liability

FootJoy will not be liable for any failure or delay in performance due in whole or in part to any cause beyond FootJoy’s reasonable control including, but not limited to, strikes, riots, wars, fires, terrorist acts, acts of God or acts of compliance with any law or regulation. In no event shall FootJoy be liable to Customer for any (i) special, indirect, incidental or consequential damages, or (ii) damages resulting from loss of use or profit, unless required by law. New Jersey permits the limitation or exclusion of consequential damages unless unconscionable.

Errors

FootJoy attempts to ensure that the information on the site is accurate, complete and current. However, despite our best efforts, there will be instances where information about an item contains inaccurate or incomplete data, including the data about the item’s price or availability. We make no guarantee that the information on this site is error-free, complete or accurate.

In the event a FootJoy product is listed at an incorrect price or with incorrect information due to a typographical error or other error in pricing or product information, we will attempt to correct the error where discovered. We reserve the right to revoke any provinced offer for any reason and to correct any inaccuracies or omissions, including after an order has been submitted and whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order cancelled, we will issue a credit to your credit card in the amount of the charge, and shall not incur any additional liability for such cancellation.

Applicable Law; Not For Resale or Export

Customer agrees to comply with all applicable laws and regulations of the various provinces and of Canada. Customer agrees and represents that it is buying for its own use, and not for resale or export.