Terms & Conditions of Sale

These terms

What these terms cover:  These are the terms and conditions on which we supply products to you, whether these are goods (such as clothing) or digital content (including digital content provided in a tangible format, such as on a DVD).

Why you should read them:  Please read these terms and conditions carefully before you submit your order to us. These terms and conditions tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms and conditions, please contact us to discuss.

Information about us and how to contact us

Who we are: We are R&A Championships Limited, a company registered in Scotland under company number SC247047 and having its registered office at Beach House, Golf Place, St Andrews, Fife KY16 9JA. Our registered VAT number is 827 8424 04.

How to contact us:  You can contact us by telephoning our customer service team at 01334 464455 or by writing to us at shop@TheOpen.com.

How we may contact you: If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.

Emails:  When we use the words "writing" or "written" in these terms and conditions, this includes emails.

Our contract with you

How we will accept your order: Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.

If we cannot accept your order: If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because the product is out of stock, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.

Your order number: We will give an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.

Our products

Products may vary slightly from their pictures: The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.

Product packaging may vary: The packaging of the product may vary from that shown on images on our website.

Your rights to make changes

If you wish to make a change to the product you have ordered please contact us:We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of delivery or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.

Providing the products

Delivery costs: The costs of delivery will be as displayed to you on our website.

When we will provide the products: During the order process we will let you know when we will provide the products to you. We aim to despatch all orders within five working days. If you request an exchange and the item is in stock, we will despatch your exchange within five working days.

We are not responsible for delays outside our control:  If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.

When you become responsible for the product:  The product will be your responsibility from the time we deliver the product to the address you gave us or you collect it from us.

When you own goods: You own a product from the time we deliver the product to the address you gave us or you collect it from us.

Your rights to end the contract

You can always end your contract with us:  Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it and when you decide to end the contract:

Ending the contract because of something we have done or are going to do: If you are ending a contract for a reason set out at below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:

  • we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
  • there is a risk that supply of the products may be significantly delayed because of events outside our control;
  • you have a legal right to end the contract because of something we have done wrong.

Exercising your right to change your mind (Consumer Contracts Regulations 2013):  For most products bought online you have a legal right to change your mind within 14 days and receive a refund.  These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms and conditions.

When you don't have the right to change your mind:  You do not have a right to change your mind in respect of:

  • products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;
  • sealed audio or sealed video recordings or sealed computer software, once these products are unsealed after you receive them; and 
  • any products which become mixed inseparably with other items after their delivery.

How long do I have to change my mind? Unless one of the exceptions above applies, you can cancel your order without giving any reason within 14 days from the day on which you received the goods.

Ending the contract where we are not at fault and there is no right to change your mind: If you do not have any other rights to end the contract, you can still contact us before it is completed and tell us you want to end it. If you do this the contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract.

How to end the contract with us (including if you have changed your mind)

Tell us you want to end the contract: To end the contract with us, please let us know by doing one of the following:

  • Phone or email: Call us on 01334 464455 or email us at shop@TheOpen.com. Please provide your name, home address, details of the order and, where available, your phone number and email address.
  • By post:  Write to us at the following address: The Morris Building, Old Guardbridge Road, St Andrews, Fife, KY16 9SF. Attention: RETURNDED GOODS

Returning products after ending the contract:  If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us.  You must either return the goods in person to where you collected them, post them back to The Morris Building, Old Guardbridge Road, St Andrews, Fife KY16 9SF, Attention: RETURNED GOODS, or (if they are not suitable for posting) allow us to collect them from you. Please call us on 01334 464455 or email us at shop@TheOpen.com for a return label or to arrange collection.  If you are exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.

When we will pay the costs of return:  We will pay the costs of return:

  • if the products are faulty or misdescribed; or
  • if you are ending the contract because we have told you of an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.
  • In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.

What we charge for collection:  If you are responsible for the costs of return and we are collecting the product from you, we will charge you the direct cost to us of collection.

How we will refund you:  We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.

Deductions from refunds:  If you are exercising your right to change your mind:

  • we may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount. 
  • the maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.

When your refund will be made:  We will make any refunds due to you as soon as possible.  If you are exercising your right to change your mind then:

  • your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. 
  • in all other cases, your refund will be made within 14 days of your telling us you have changed your mind.

If there is a problem with the product

How to tell us about problems:  If you have any questions or complaints about the product, please contact us. You can telephone us at 01334 464455 or write to us at shop@TheOpen.com or The Morris Building, Old Guardbridge Road, St Andrews, Fife KY16 9SF.

Summary of your legal rights:  We are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the products. Nothing in these terms and conditions will affect your legal rights.

Summary of your key legal rights

This is a summary of your key legal rights. These are subject to certain exceptions.  For detailed information please visit the Citizens Advice Consumer Service website www.adviceguide.org.uk/scotland or call 03454 04 05 06.

If your product is goods, for example books, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected life of your product your legal rights entitle you to the following:

  • up to 30 days: if your item is faulty, then you can get a refund.  
  • up to six months: if your faulty item can't be repaired or replaced, then you're entitled to a full refund, in most cases.  
  • up to six years: if the item can be expected to last up to six years you may be entitled to a repair or replacement, or, if that doesn't work, some of your money back.   

If your product is digital content, for example content on a DVD, the Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality:

  • if your digital content is faulty, you're entitled to a repair or a replacement.
  • if the fault can't be fixed within a reasonable time, or without causing you significant inconvenience, you can get some or all of your money back. 
  • if you can show the fault has damaged your device and we haven't used reasonable care and skill, you may be entitled to a repair or compensation.

Your obligation to return rejected products:  If you wish to exercise your legal rights to reject products you must either return them in person to where you collected them, post them back to The Morris Building, Old Guardbridge Road, St Andrews, Fife KY16 9SF, Attention: RETURNED GOODS, or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please call us on 01334 464455 or email us at shop@TheOpen.com for a return label or to arrange collection.

Price and payment

Where to find the price for the product:  The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of product advised to you is correct. However please see section below called "What happens if we got the price wrong" for what happens if we discover an error in the price of the product you order.

We will pass on changes in the rate of VAT:  If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.

What happens if we got the price wrong:  It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.

When you must pay and how you must pay:   We accept payment with Visa, MasterCard and Switch/Maestro.  You must pay for the products before we dispatch them.

How we may use your personal information

How we will use your personal information:  We will use the personal information you provide to us:

  • to supply the products to you;
  • to process your payment for the products; and
  • if you agreed to this during the order process, to inform you about similar products that we provide, but you may stop receiving these at any time by contacting us.

Please see our Privacy Policy, here, for more information on how we use and share your information.

Other important terms

Specific instructions: without prejudice to your statutory rights, we cannot accept liability for any failure by you to comply with specific instructions stated in the garment, catalogue, or website.

Nobody else has any rights under this contract:  This contract is between you and us. No other person shall have any rights to enforce any of its terms.

Delivery outside of the EU:  When ordering products from us for delivery outside of the EU you may be subject to import duties and taxes, which are levied once the package reaches the specified destination. Any additional charges for customs clearance must be paid by you. We have no control over these charges. Customs policies vary widely from country to country. You should contact your local customs office for further information. Additionally, please note that when ordering from us, you are considered the importer of record and must comply with all laws and regulations of the country in which you are receiving the products. Your privacy is important to us and we would like our international customers to be aware that cross-border deliveries are subject to opening and inspection by customs authorities.

Which laws apply to this contract and where you may bring legal proceedings:  These terms and conditions are governed by Scots law. If you live in the EU, you can bring legal proceedings in respect of the products in the country where you live.

 

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