General Terms and Conditions
THESE TERMS AND CONDITIONS WILL APPLY WHEN YOU BUY PRODUCTS FROM MOBY DISC GOLFING.
We strongly encourage you to read them carefully before purchasing, as they contain information about the basis on which we sell our products.
When you place an order, you agree to be bound by present terms and conditions
DEFINITIONS TO UNDERSTAND THE CONCEPT
“MOBY” means MOBY DISC GOLFING ApS (CVR. No. 43156624) of Viktoriagade 19B, 2th, 1655 Copenhagen,"We / Us / Our" also means MOBY DISC GOLFING ApS (CVR. No. 43156624 of Viktoriagade 19B, 2th, 1655 Copenhagen)"You" means that you, the person who uses our website and / or buys products from us. "Website" means our website atwww.mobydiscgolfing.com"Products/items": the products that we will deliver to you in accordance to and with these terms and conditions."Order" means an order that you place with us containing an indication of the items you want to buy from us.HOW DOES THE PRESENT TERMS AND CONDITIONS WORK?
1.1 The present terms explain how you should use our website. The explanation applies to everyone who use or visits the website. The terms also applies when you purchase items using our website. We may change these present Terms from time to time and you are advised to check them regularly for any changes we make.
1.2 When you use the website, we may collect information about you and your visits to the website. Information about this can be found in our Privacy Policy + cookies.
Our Privacy Policy and present Terms govern Our relationship with You and form the contract between us ("Contract").
ABOUT THIS WEBSITE
2.1 This website is operated by MOBY DISC GOLFING ApS, a company registered in Denmark with CVR. Nr. 43156624. Our address is Viktoriagade 19B, 2th, 1655 Copenhagen.
2.2 The information on this website is in English and all notices are in English. This website is designed to comply with any relevant legislation. If you use the website in a market where we don’t sell our items, MOBY can’t be held responsible for any non-compliance with local advertising or any other laws in relation to this Website or its content.
2.3. MOBY reserve the right to give access to certain parts of the Website to users registered with us.
OUR RIGHTS ON THE WEBSITE
3.1 The copyright and other proprietary rights (known as "intellectual property rights") of this website and its contents (including design, text, logos, company names, graphics, software and all other material) are owned by us. You may not own or allow others to publish, copy, distribute or alter any of the content of this website. Any other use is strictly prohibited without our prior written consent. It is not permitted to make any kind of copy of our material from the website for use by any other company.
3.2 You may not in any way copy, reproduce or use any trademarks, logos or other marks displayed on the website without our consent. Links to our website on other websites are allowed with our consent, but we are allowed to require you to stop using links to our website at any time.
3.3 Information that you upload to our website may be used as we decide, and this information can be passed on to a third party.
WEBSITE CONTENT
4.1 Neither MOBY’s directors, employees or other representatives can be responsible for any damages, losses or costs that may occur as a result of your use of or the traffic on the website.
4.2 Information delivered on this website will be as accurate and up to date as possible. Despite the latter, we cannot guarantee it. This means that you are responsible for making sure that your conduct on this website is suitable for your own purposes, and the information we provide, can be expression of our views. Not all communications from the website are intended to be advices that you must trust.
4.3 All information that can be found on this website is available for you on an "AS IS" & "AS IT WAS" basis.
4.4 All information are expressions of MOBYs views of which we can never be held responsible for.
4.5 MOBY have the right to change or remove the content of our website at any time and without prior notice.
4.6 MOBY might link to other websites on our website. In this case, these links are for your convenience only and we can’t, at any point, be held responsible for third party content or the availability of these sites or your use of them.
4.7 MOBY do not guarantee that this website will always be available or free from errors, viruses or the like.
4.8 MOBY always strive to make sure that the product images on our website are as accurate as possible, but there may be slight color variations between items and the images you find on our website.
HOW TO USE OUR WEBSITE
5.1 AS mentioned in present section 2.3. we reserve the right to give access to certain parts of the Website to users registered with us.
5.1.1 If you have a password as part of our security procedures, you must treat this information as confidential. Don’t pass it on to anyone else.
5.1.2 We will deny access to this website to anyone who does not comply with these terms.
5.2 Statements or comments that are in any way false, obscene, illegal, sexist, insulting, racist or in any other way criminal are strictly prohibited. You are not use any abusive language, be aggressive, swear, threaten, harass or abuse any other person, including but not limited to other users of this website.
5.3 All information you enter must be accurate and truthful.
5.4 You are only allowed to use your own true identity at all times when using our website. You shall therefore ensure that any information you provide us, is accurate and up to date (to the best of your knowledge).
5.4.1 Information about others than yourself is only allowed to the extent that you have their permission to do so.
5.5 Don’t corrupt our website. Don’t flood it with information that could lead to malfunctions or use features that could affect the website such as any worms, viruses or similar harmful elements.
5.5.1 Use of spam, such as: multiple, unsolicited or unsolicited bulk emails are very annoying for us and are therefore prohibited.
5.6 MOBY will not be liable for any loss or damage that you suffer as a result of harmful material that may infect your computer, data or other material as a result of your use of this website.
TERMS OF SALE (THIS IS OUR AGREEMENT ON THE SALE OF MOBYS PRODUCTS)
6.1 MOBYs website shows specific products that we advertise for sale and we provide information about the products too.
6.2 We invite you to place an order with us on our website. We are not obliged to accept an order from you, just because you have placed it.
6.2.1 The order and the contract between us (you and MOBY) will only be established when we ship your order to you.
6.2.2 Right up to this time, there are no binding contract in place between you and MOBY, which means that neither the order confirmations or the completed purchase process, will give neither MOBY or you, any rights or obligations towards the other.
6.2.3 You may add any number of items in a single order, subject to any restrictions set forth in these Terms or on the Website. Every single order that you place will generate a separate contract between us, when we have shipped the order, and we reserve the right to refuse to deliver goods to any person before that happens.
6.3 Any variation of the above mentioned shall expressly, be agreed upon between you and MOBY.
6.3.1 Any suggestion from you to MOBY on making variations on present terms of sale will only be valid in the case that MOBY expressly accept the variations.
6.4. The moment we have received confirmation that your payment has been approved, a screen will appear thanking you for your order.
6.5. You will then receive an order number and an email from info@mobydiscgolfing.com will be sent to you to acknowledge your order.
6.5.1 The e-mail you receive from info@mobydiscgolfing.com will contain information that confirms product(s), price and delivery charge (if any).
6.5.2 Print the order confirmation or keep the email in your archive for good measure and remember, that our final acceptance of your order only takes place when we ship your order, cf. present 6.2.1
6.6 We may reject your order or cancel your order if we decide it is reasonable to do so.
We will reject or cancel your order if:
6.6.1 we can’t get your payment approved or if the payment process is incomplete
6.6.2 we identify defects on the product you ask for, or if there is a pricing error on our website
6.6.3 you fail to meet our general criteria for purchasing
6.6.4 we have the slightest suspension that your order is related to illegal activity
6.6.5 you fail to submit all necessary and relevant information that we need to fulfill the order
6.6.6 the product you ask for is unavailable or sold out.
6.7 In case of any problems that may occur in relation to your order, we may contact you, either by phone or email to make sure that the details are accurate, before we are able to accept and eventually ship your order.
PRODUCTS & PRODUCT DESCRIPTION
8.1 The products we display on our website is for sale on this website only. The products are only intended for private use by consumers and our products may not be resold or offered as a commercial enterprise in any sense, and we reserve the right to limit the total number of items, in any order.
8.2 We have tried carefully to describe all products as accurately as possible. For this reason, there should be no variations in the descriptions. Nevertheless, we encourage you to contact us at info@mobydiscgolfing.com in the event that certain product aspects are particularly important to you before placing your order.
PRICE AND PAYMENT
9.1 The price of products is as noted on our website, except in cases of obvious errors.
9.2 Our prices include VAT and are exclusive delivery costs. Delivery costs will be stated on the website just before payment and added to the total amount in accordance with our shipping costs applicable from time to time.
9.3 Prices are subject to change at any time. Subsequent changes will of course not affect orders for which we have already sent you an order confirmation.
9.4 On our website you will find a range of different products. Although we do our best and are careful, it’s always possible that some of the products on our website may be priced incorrectly.
9.4.1 Normally we will approve the prices as part of our procedures, so that when the correct price of a product is less than the stated price, we will charge the lower amount when the product is shipped to you.
9.4.2 If a product's correct price is higher than the price stated on our website, we will normally, at our discretion, either contact you to obtain your acceptance before shipping the product or reject your order and notify you of such rejection.
9.4.3 We are not obligated to deliver the product at the wrong (lower) price, even after we have sent you an order confirmation, if the price error is obvious and / or could reasonably have been discovered by you as a price error.
9.5 We operate with various offers and promotions on the Website and elsewhere on social media. We may change or withdraw these at any time without notice. Nothing obligates us to maintain offers or promotions for any given period.
9.6 We will not withdrawal your money before your order has been shipped.
9.7 We accept payment through most major credit- and debit cards, including but not limited to: Visa Creditcard, MasterCard, Mobile Pay and PayPal.
9.7.1 Only use a card if you are the named cardholder. By placing an order, you confirm that you are the named and authorized cardholder.
9.7.2 All holders of a credit and debit card will be subject to validation and security checks as well as permission from the card issuer and any additional terms imposed by the issuer.
9.7.3 We will not accept your order, cf. section 6.6.1, if the issuer does not allow/accept your payment, and we will not be responsible for any delays or non-delivery as a result of this matter.
9.8 Your card provider may charge you to use your card on our website. We recommend you to read and check the terms and conditions with your card provider carefully before submitting your payment information.
9.8.1 We are not liable for any cost that your card provider might charge you for using your card on our website.
9.9 If we don’t have a sufficient stock of the products, you have asked for, we will let you know by email or telephone. Your credit or debit card transaction will be canceled or refunded, in case that the payment has already been processed.
9.9.1 We will do this as soon as possible and within thirty (30) days from your date of order. We will not be liable for any compensation if items you order are not available for any reason than low stock of wanted products.
9.10 We validate your name(s), addresses and other details provided by you against commercially available and relevant registers. We may also use third parties to do this. Information that you provide to us can be passed on to a registered credit information agency that can record the information. When ordering from MOBY, you accept such checks.
9.10.1 Reference is also made to our privacy policy. These measures are taken to protect you, and to make sure that your experience with MOBY is as secure as possible.
RETURNS
Have you changed your mind? Don’t worry
10.1 You have a legal right to cancel the contract (with certain exceptions listed below) without any kind of justification within 14 days of the day you receive the item. These 14 days is called the "withdrawal period".
10.2 You can cancel by sending us an email to info@mobydiscgolfing.com - write cancellation followed by your order number in the subject field and we will take care of your request. We recommend you always keep proof of having given us proper notice of cancellation, such as an email receipt or confirmation report.
10.3 If you want to return the products to us, you will have to do it at your own risk and cost, and no later than 28 days after you received the product(s).
10.3.1 MOBY will not be responsible for any costs associated with returning the item to us.
10.3.2 If everything is in order, and all the deadlines in present conditions have been met, we will refund you the money from the order, including the initial delivery costs.
10.4. We recommend you to send the products to us by recorded delivery or courier.
10.5 We will strive to process your refund or replacement of the goods as soon as possible and within fourteen (14) days of receiving the product.
Risks and requirements
11.1 You bear the risk of the products from the time of delivery and until you receive them.
11.2 The ownership of our products is not transferred to you until we have received full payment of all amounts due in connection with the products, including all shipping costs.
11.3 If you want to return or cancel your order after receiving it, the products must be returned unused and with original packaging.
11.3.1 You must take care of the products before returning them to us. We may reduce the amount we refund you / or even reject the refund, if you use the products, damage them or otherwise do anything other than what is reasonable to examine them and which reduces their resale value.
11.3.2 If the products bear the mark of having been used/ or used for other than inspection in connection with your purchase, we also reserve the right to reject your request for return or exchange for that matter.
11.4 We will usually refund the full purchase price within 14 days upon receipt of returned items.
11.5. The day you receive the product is the day, from which the products are available to you. This means from the day you get notice that the products are available for you to pick up elsewhere.
What if something goes wrong?
11.6 We guarantee that the goods we deliver are of satisfactory quality and are suitable for the purpose for which goods of this kind are intended.
11.7 If You return the product to us within sixty (60) days of receiving of goods, for any reason other than if you change your mind, we will inspect those products and either replace them (if possible), or refund the full purchase price of the goods, if and when we can ascertain, that there is a manufacturing defect or other defect in the product.
11.7.1 Make sure it is clear to us why you think the item may be defective and whether you want a refund or a replacement.
11.7.2 We reserve the right to ship goods you claim are defective to our inspection team.
11.8 We will replace the products, if it’s possible for us. If an exact replacement is not possible, we will offer you the choice between an alternative similar product or refund.
11.8.1 It may also be possible for us to make a repair in certain circumstances.
11.9 MOBY will replace the returned products or refund, if we can ascertain that the defect is not caused by usual wear and tear, damage caused intentionally or accidentally, your negligence or if you fail to follow the product-information, or if the products have been misused, altered or repaired without our approval.
11.10 If you believe that products have a defect, then do not make further use of them until you return them to us.
11.11 Your refund or replacement of the products will take place within fourteen (14) days after we give our acceptance of a refund or replacement.
11.12 When you return goods to us because you think they are defective or because you change your mind, we ask that goods returned to us, will be delivered either by signature or courier, so you have proof of shipment. We will not be liable for items that have been lost or damaged in this process.
OUR RESPONSIBILITY
12.1 NOTHING IN THESE TERMS OR ELSEWHERE SEEKS TO EXCLUDE OR LIMIT MOBY'S LIABILITY FOR: DEATH OR PERSONAL INJURIES DUE TO OUR NEGLIGENCE, ACTIONS OR FAILURES.
12.2 NOTHING IN THIS PRESENT CONTRACT OR ELSEWHERE SHALL EXCLUDE OR LIMIT MOBY'S LIABILITY FOR: ANY RESPONSIBILITY FOR CONSCIOUS INCORRECT INFORMATION, OR FRAUD, OR ACTIONS WE ARE RESPONSIBLE FOR IN RESPECT OF CONSUMER PROTECTION RIGHTS OR OTHER CONDITIONS OR ANY OTHER RELATIONS. YOUR LEGISLATIVE RIGHTS ARE NOT AFFECTED.
12.3 As we (MOBY) enter into a contract with you as a private consumer, we will not be liable for any business operating losses that you may suffer in relation to this contract.
12.3.1 We are not liable for indirect losses that occur as a side effect or indirect consequence of primary loss or damage, including, but not limited to, loss of income or income, loss of business, loss of profits or contracts, loss of expected savings, loss of data or waste of management time or office hours; in each individual case, regardless of how they occur and whether they are due to tortious act (including negligence), breach of contract or other reason.
12.4 We guarantee you that a product purchased from MOBY, via our website is of satisfactory quality and within reasonable limits suitable for all the purposes for which products of the kind usually sold for that purpose.
12.5 Our liability for losses you may suffer as a result of our breach of contract is strictly limited to the purchase price of the purchased product, along with delivery costs and reasonable expenses incurred by you for returning the product(s) via the reasonably most cost-effective route available.
12.6 The above-mentioned warranty and / or limitations of liability do not affect your statutory rights under national laws relating to the sale of consumer products, and in particular the legal guarantee of conformity for consumer goods, to which you may refer to the Website and which are hereby incorporated and form part of the contract.
DELIVERY
13.1 We aim to deliver the goods within the indicative deadlines shown on our website.
13.2 References to "working day": any day of the week except Saturdays, Sundays and public holidays.
Delivery time is not essential for deliveries or services, which means that we will not be liable if the goods are delivered outside these times, and we will not be responsible for the consequences of any delay as we use third-party-carriers.
13.3 If we are unable to deliver the item within the specified time limit, we will make a reasonable effort to tell you this via email and provide a changed delivery time.
13.4 If the product(s) you ordered is sold out, and you managed to finish your order without being noticed herby, we will inform you via e-mail.
13.5 We reserve the right to deliver in multiple shipments if you have ordered more than one product.
13.6 The ownership of goods is not transferred to you until we send the goods. The goods will be shipped at your risk from the time of delivery, and you should therefore take reasonable responsibility for them.
13.7 If items or the quantity of items you receive do not match what you have ordered, please inform us by email at info@mobydiscgolfing.com as soon as possible after you receive the item.
13.7.1 We will then make sure we fix the mistakes, and we will also reimburse you for any delivery costs that you incur by sending the wrong items back to us. DON’T use the products that you receive by mistake and intend to send back to us.
13.8 We use the pick and collect delivery method, and you will be guided to the nearest pick-up point by entering information about your residence when finalizing your order.
13.9 If the item is not delivered on the expected day, we want you to notify us about such non-delivery within 30 days of the expected delivery date.
13.10 Due to various international freight restrictions, certain products we sell may not be eligible for all international delivery. This will either be described in more detail in the product description, at checkout where you add these products to your shopping cart or, in limited circumstances, we may need to cancel your order and give you a full refund.
OUR RIGHTS IN THE PRODUCT
14.1 All property rights known as "Intellectual Property Rights" in the products, including all designs, trademarks, brand names, images and logos are and must remain our (MOBY) property or those of our licensors.
14.1.1 At no time will any right, title or interest in the intellectual property rights be transferred to you.
GOVERNING LAW
15.1 These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Denmark.
15.2 This contract is subject to Danish law ct. Section 15.1, and both parties (MOBY and you) accept that any dispute that arises during or joined will be decided by the Danish Courts.
15.3 Nothing in these present terms seeks to exclude or limit any rights available under applicable law that may not be excluded or restricted. This means that these terms will not change the rights that the law gives you, which this law does not allow us to change or limit.
15.4 If you have any doubt about your legal rights, you should contact The Danish Parliamentary Ombudsman or the Danish Competition and Consumer Authority about Consumer Rights, Complaints and Guidance.
IN GENERAL
16.1 MOBY will not in any way be liable to you for a failure to sell goods that you intend to buy or in any other way for non-compliance with our obligations under the contract or any costs or obligations that you incur as a result of any circumstances beyond our reasonable control, including, but not limited to, any kind of flood, fire, trade dispute, lack of third-party materials or services or terrorist acts.
16.2 The contract between you and MOY is personal and binding. You may not transfer or assign your rights or obligations under the Contract to another person without our express consent.
16.2.1 There may be situations where we (MOBY) either will or need to transfer our rights and obligations under the contract or appoint third parties to assist us in fulfilling our obligations under the contract.
16.2.1.1 We may do so at any time, provided that this will not reduce our obligations to you.
16.3 If any of these terms are found to be invalid by any court or other competent authority, this term will not apply to our contract with You, but all other terms will continue to apply.
16.4 If neither of us (MOBY or you) exercises the rights that we have under this present contract, it won’t affect neither's rights later.
16.5 We may change these terms at any time and without prior notice to you.
16.5.1 Any change will take effect immediately after being posted on our website and it will be deemed to be accepted by anyone who uses the website and anyone who orders products thereafter.
16.5.2 If you already have placed an order that we have accepted, the contract will continue to be subject to the version of the terms that were in place at the time you’ve placed your order, unless we (MOBY and you) have made changes expressly agreed between both parties.
Contact us
17.1 Any message you send to us must be delivered by e-mail to info@mobydiscgolfing.com and will be considered delivered/received on the day it is sent correctly.
17.2 Nobody besides you and MOBY have any rights under this contract.
17.2.1 This means that no other person can enforce the terms of this contract or invoke the rights under it.
17.3 The contract is the entire agreement and understanding between us in relation to its subject matter. It will replace all previous agreements, understandings or arrangements, written and verbal.
17.3.1 Both parties acknowledge that by entering into the contract, neither of us has relied on any representation or promise made by the other; implied, stated or written, other than as expressly provided in these present terms or on our website.
17.3.2 Do you have the slightest doubts about your rights under due to these terms or would you like an explanation of them, please don’t hesitate to write us on info@mobydiscgolfing.com.
WANNA LEAVE A COMPLAINT?
18.1 If you have any concerns about your private data, the way we process it or thirdly, please contact us at info@mobydiscgolfing.com for assistance in resolving issues or concerns.