1. About These Terms and Condition
    1. In these Terms and Conditions "we" and "us" mean Golf Inventions P/L trading as Swingyde of 4 Liberman Court West Lakes, South Australia 5021, Australia, and "you" means you the customer.
    2. These Terms and Conditions together with your Order constitute the entire Contract between us and you for the supply of Products. No other Terms and Conditions will apply. The Contract cannot be varied unless we agree to vary it in writing or by email.
  2. Legal Capacity to Transact
    1. If you are under the age eighteen (18) years you can not place orders with swingyde.
    2. By accepting these Terms and Conditions you acknowledge that you are over the age of eighteen (18) years.
    3. Should Swingyde suffer any damage or other losses as a result of a transaction entered into by a minor, Swingyde reserves the right to seek compensation for such losses from the parents or guardians of the minor who caused any order(s) to be placed with Swingyde.
  3. Placing Your Order
    1. You may place an Order by filling in the Order Form on the Swingyde Web Site and clicking the "Submit My Order" button.
    2. When you place your Order, we will issue you with a confirmation email which will include the order number and invoice.
    3. By placing an Order, you make an offer to us to purchase the Products you have selected based on these Terms and Conditions.
    4. If we cannot process or accept your Order after payment is received we will contact you by email or telephone.
    5. Your order will be processed by one of our 3 Swingyde International Distribution Centres.
  4. Payment Methods and Processing
    1. Swingyde currently accepts Visa, MasterCard and American Express only.
    2. Payment processing will not begin until we receive all the information we need.
    3. Orders placed on a weekend or a Public holiday will not begin payment processing until the next business day.
    4. Business days are Monday through Friday, excluding Public holidays.
    5. We process credit card payments after you click the "Submit My Order" button.
    6. For credit card payments we will email a tax invoice receipt to you with your Order Confirmation. Your tax invoice receipt is your proof of purchase.
  5. Prices
      Swingyde reserves the right to change prices for Products displayed at Swingyde .com.au at any time without notice.
  6. MRRP - Manufacturer’s Recommended Retail Price
      The MRRP is the sale price suggested by the manufacturer or distributor of merchandise.
  7. Supply of Your Products
      Subject to these Terms and Conditions, we will supply to you the Products indicated on your Order Confirmation.
  8. Delivery of Your Products
    1. Delivery time takes up to 7 working days from the date your payment is received.
    2. Where you have purchased a Product that is to be dispatched outside Australia it may take up to 3 weeks.
    3. Swingyde makes every effort to deliver your Product according to the estimated delivery times provided by Swingyde at checkout. The estimated delivery times are in business days (Monday through Friday) excluding Public holidays.
    4. Although every effort is made to ship your Order according to the estimated delivery times provided, estimated ship times may change due to changes in supply or circumstances beyond our control. If your Product has not arrived after the estimated delivery time, please contact us at info@swingyde.com.au
    5. Unless otherwise agreed by us, we will deliver your Products to the address indicated on your Order ConfirmationWe will use our reasonable efforts to deliver your Products to you within the estimated delivery time indicated on your Order Confirmation; however, we do not guarantee that we will deliver within this time frame.
    6. Title and risk of loss to all Products will pass to you on delivery.
  9. Refunds and Returns
    1. Swingyde provides a 1 year warranty on the Swingyde Tool from the invoice date. If the Swingyde tool is damaged due to manufacturing fault shipping accident, it can be returned to supplier who will inspect and replace at no charge to the customer.
  10. Your Rights to Return A Product
      No refunds, credits or replacements are offered if you have changed your mind about the product, make an incorrect choice, or failed to verify and accurately provide information when placing an Order.
  11. Dead On Arrival Products - "DOA"
    1. A Swingyde Product is considered DOA if it shows symptoms of a failure, or is discovered to be broken when first taken from its packaging.
    2. A Swingyde Customer Service member will determine whether the Product is DOA. Where a Product is determined as DOA we will arrange to replace the Product.
    3. Refunds will only be offered where a replacement Product can not be provided.
    4. Where Swingyde has determined that a Product is DOA, return shipping will be arranged at the expense of Swingyde
    5. If the Product is deemed by Customer Services NOT to be DOA, Swingyde may in its absolute discretion refuse to replace the Product or offer you a refund for the Product.
    6. When a Product is replaced, your replacement Product becomes your property and the returned DOA Product becomes our property.
    7. When a refund is given, the returned DOA Product becomes our property.
  12. Product Problems after Delivery
    1. If your item arrives DOA (Dead on Arrival) or you find a defect arises after delivery and a valid claim is received by Swingyde Customer Service within 10 working days of delivery, Swingyde will exchange the Product where possible, or refund you the purchase price of the Product. Should you contact us outside the 10 working day period Customer Service Management will consider each claim on a case by case basis on its merits.
    2. Where we agree to replace the Product or refund you the purchase price of the Product, you must first return the defective Product to us. You will be obliged to pay for the return of the Product if the item is sent after 30 days from dispatch.
    3. We will make arrangements with you for the return of the Product.
    4. The delivery time for replacing the Product will be the same as stated for the original Product.
    5. Replacement Products are provided with the same Warranty as the returned Product.
  13. Organising the Return of DOA Products
    1. DOA Products must be returned whenever we agree to replace the Product or provide you with a refund.
  14. When a Replacement Product is arranged
    1. A replacement for the same Product that you ordered will be shipped to you at our expense after we have received your returned DOA Product.
    2. The delivery time for the replacement Product will be the same as stated for the original DOA Product.
    3. Replacement Products are provided with the same Limited Warranty as the DOA Product.
  15. When a Refund is arranged
    1. Refunds include all shipping and associated costs for the DOA Product.
    2. No refund will be given to you until Swingyde has received the DOA Product from you in its original packaging with all accessories.
    3. Refunds will be issued by credit to your credit card.
  16. Your Data - Use and Protection
    1. By placing your Order, you agree that we may store, process and use data collected from your Order Form for the purposes of processing your Order. If you so indicate on the appropriate section of your Order Form, by placing your Order you also agree that we may use such data, other than credit card details, in order to provide you with information from time to time on other Swingyde Products that may be of interest to you.
    2. If you do not agree to our using such data in order to provide you with information on other SwingydeProducts, you should indicate your non-agreement on the appropriate section of your Order Form.
    3. Please refer to our Privacy Statement.
  17. Credit Card Fraud
      Whilst Swingyde employs the latest in Secure Pay technology software for its transactions with our customers, Swingyde will not be responsible for any damages, consequential losses (whether direct or indirect) suffered by a customer whose credit card is fraudulently used or is used in an unauthorised manner.
  18. General
    1. You shall not assign any rights and obligations under these Terms and Conditions whether in whole or in part without the prior written consent of Swingyde. Any unauthorized assignment shall be deemed null and void.
    2. If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and Conditions and the remainder of the provisions in question shall not be affected thereby.
    3. Under the Trade Practices Act 1974 ("Act"), where implied conditions and warranties cannot be excluded, any liability in Swingyd efor breach of such conditions and warranties (other than a condition or warranty implied by section 69 of the Act) shall be limited, at the option Swingyde, to the replacement of the Product(s) or the re-supply of the same Product(s); the payment of the cost of replacing the Product(s) or of acquiring equivalent Product(s).
    4. Neither our failure nor your failure to enforce any Term or Condition constitutes a waiver of such Term or Condition. Such failure shall in no way affect the right to later enforce such Term or Condition.
    5. Swingyde reserves the right to change the Terms and Conditions of sale at any time without notice.
    6. No Swingyde employee or agent has the authority to vary any of the Terms and Conditions governing any sale.
  19. Force Majeure
      Swingyde shall not be liable for any delay in performing any of its obligations under these Terms and Conditions if such delay is caused by circumstances beyond the reasonable control of Swingyde, and Swingyde shall be entitled to a reasonable extension of time for the performance of such obligations.
  20. Governing Law
      These Terms and Conditions shall be governed by and construed in accordance with the laws of South Australia and shall be subject to the non-exclusive jurisdiction of the courts of Australia.
  21. Privacy and Security
      At Swingyde.com.au we understand that you value your privacy and wish to have your personal information kept secure. Our Privacy Policy describes generally how we manage your personal information and safeguard your privacy. If you would like more information, please don't hesitate to contact us by email info@swingyde.com.au fax + 618 83538546 or post. Swingyde 4 Liberman Court West lakes South Australia 5021, Australia.
  22. The National Privacy Principles
      We are bound by and comply with the National Privacy Principles, as provided in the Federal Privacy Act 1988.
  23. Collecting Personal Information about You
    1. At Swingyde.com.au we only collect personal information that is necessary for us to conduct our business as an online provider of goods.
    2. The personal information we collect will include information you give us when you place an order for the purchase of a good we supply. We may also collect personal information about individuals who are not customers of our business, but whose personal information is given to us by those individuals or other people in the course of a transaction. This personal information will include your name, address and contact details, and may include other personal information about individuals we collect in the course of a transaction.
    3. We may also collect some information from you when you use our website www.swingyde.com.au. Your use of the information and services available through our website will determine the type of information that we collect about you.
    4. The only personal information that we collect about you when you use our website is what you tell us about yourself, for example, when you complete an online form when placing an order, or information you provide to us when you send us an email. Please note we will record your email address if you send us an email.
  24. Using and Disclosing your Personal Information
    1. We respect your privacy. Any personal information that we collect about you will be used and disclosed by us so that we can provide you with the services that you have requested, or otherwise to enable us to carry out our business as suppliers of goods.
    2. Please be assured we will not disclose information about you unless the disclosure is required or authorised by law, you have consented to our disclosing the information about you, or for another purpose (related to the primary purpose of collecting that information) that you would reasonably expect.
    3. We may also use your personal information to provide you with information about other services offered by us. However, the only information that you must provide is your name and payment details (where applicable). If you would prefer not to receive promotional or other material from us, please let us know and we will respect your request.
    4. We do not engage in unsolicited telephone or email marketing. In particular, if you are contacted by telephone by an individual or organisation claiming to represent Swingyde.com.au - do not purchase from the organisation as we have a strict policy against telephone marketing.
  25. Access to Your Personal Information
    1. In most cases you may have access to personal information that we hold about you. We will handle requests for access to your personal information in accordance with the National Privacy Principles.
    2. We encourage all requests for access to your personal information to be directed to the Privacy Officer Swingyde by emailing us or by writing to us at our postal address. We will deal with all requests for access to personal information as quickly as possible. Requests for a large amount of information, or information which is not currently in use may require further time before a response can be given. We may charge you a fee for access if a cost is incurred by us in order to retrieve your information, but in no case will we charge you a fee for your application for access.
    3. In some cases, we may refuse to give you access to personal information we hold about you. This includes, but is not limited to, circumstances where giving you access would: be unlawful (e.g., where a record which contains personal information about you is subject to a claim for legal professional privilege by one of our clients); have an unreasonable impact on other people's privacy; prejudice an investigation of unlawful activity.
    4. We will also refuse access where the personal information relates to existing or anticipated legal proceedings and the information would not be accessible by the process of discovery in those proceedings. If we refuse to give you access we will provide you with reasons for our refusal.
  26. Correcting Your Personal Information
      If you request us to do so we will amend any personal information about you held by us which is inaccurate, incomplete or out of date. If we disagree with your view about the accuracy, completeness or currency of a record of your personal information held by us, and you ask us to associate with that record a statement that you have a contrary view, we will take reasonable steps to do so.
  27. Securing and Storing Your Personal Information
    1. We are committed to maintaining the confidentiality of the information that you provide us and we will take all reasonable precautions to protect your personal information from unauthorised use or alteration.
    2. In our business, personal information may be stored both electronically (on our computer system) and in hard-copy form. Firewalls, anti-virus software and email filters, as well as passwords, protect all our electronic information. Likewise, we take all necessary measures to ensure the security of hard-copy information.
  28. Disposal of Personal Information
      Once your transaction is finalised, both the electronic and hard-copy information is securely archived. After a period of 7 years both the electronic and hard-copy information is destroyed.
  29. For more information or to complain about a breach of your privacy
      If you would like more information about the way we manage personal information which we hold about you, or are concerned that we may have breached your privacy, please contact us by email, fax or post: Email us: info@swingyde.com.au Fax: +618 83538546 Post: The Privacy Offer, Swingyde, 4 Liberman Court West Lakes South Australia 5021 Australia
  30. Changes to our Privacy Policy
    1. From time to time it may be necessary for us to revise our privacy policy. Any changes will be in accordance with the Privacy Act 1988 and the National Privacy Principles. We may notify you about changes to this privacy policy by posting an updated version on our website www.swingyde.com.au
    2. If you require any further information about the Privacy Act 1988 and the National Privacy Principles, you can visit the Federal Privacy Commissioner's website at www.privacy.gov.au