- Terms & Conditions of Sale
Terms & Conditions of Sale
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). These terms and conditions apply to any products you purchase from us in store and any orders you place online.
Please read these terms and conditions carefully. 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.
Please be aware that your rights under these terms and conditions vary depending on whether you have made a purchase in store or placed an order online. 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 making your purchase in store, or placing your order online.
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: For online orders, 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. For in-store purchases, our acceptance of your order will take place when we process your purchase, at which point a contract will come into existence between you and us.
If we cannot accept your online order: If we are unable to accept your online 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 for online orders: Where you place an order online, we will give an order number 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.
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 to online orders
If you wish to make a change to the product you have ordered online 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 products ordered online
Delivery costs: The costs of delivery of products purchased online will be as displayed to you on our website.
When we will provide the products: During the online 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.
Responsibility for and ownership of the products
When you become responsible for the product: For online orders, 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. For in store purchases, the product will be your responsibility once payment in full has been made.
When you own goods: For online orders, you own a product from the time we deliver the product to the address you gave us or you collect it from us. For in store purchases, you own a product once payment in full has been made.
Your rights to end the contract
Your rights to 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 for good reason: 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: For most products bought online you can cancel your order without giving any reason within 14 days from the day on which you received the goods. For most products bought in store you can cancel your purchase without giving any reason within 28 days from the day on which you made your purchase.
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 to end the contract with us (including if you have changed your mind)
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: RETURNED GOODS, The Open Online Shop, The Morris Building, Old Guardbridge Road, St Andrews, Fife, KY16 9SF.
In person: Visit us in the store from which you purchased the products.
Returning products after ending the contract: If you end the contract for any reason after you have purchased products in store, or after products ordered online have been dispatched to you or you have received them, then you must return them to us.
In the event you have purchased products at an event hosted by us (for example The Open), you may return them in person to the main store we operate at that event, if you are able to do so, or post them back to The Morris Building, Old Guardbridge Road, St Andrews, Fife KY16 9SF ("The Morris Building").
In the event you have purchased products at 7-8 The Links, St Andrews KY16 9JB, you may return them in person to that store or post them back to The Morris Building.
In the event you have purchased products online you may post them back to The Morris Building.
Where products being returned are posted, they should be marked “Attention: RETURNED GOODS”. Please call us on 01334 464455 or email us at shop@TheOpen.comfor a return label.
If you are exercising your right to change your mind you must return or send off the goods within 14 days of telling us you wish to end the contract.
When we will pay the costs of return: Where products being returned are being posted, 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.
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.
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.
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 return them to us. Information on how to return products to us is set out above under the heading "Returning products after ending the contract".
Price and payment
Where to find the price for the product: The price of the product (which includes VAT) will be the price shown on the product in store or indicated on the order pages when you place your order online. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see the 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.
We will pass on changes in the rate of VAT: If you order a product online and 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 processing your purchase or accepting your order so that, where the product's correct price at your purchase or order date is less than our stated price at that date, we will charge the lower amount.
If the product's correct price at your purchase or order date is higher than the price stated, we will let you know and ask for your instructions before we process your purchase or accept your order. If we accept and process your purchase or order where a pricing error is obvious and unmistakable 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. Where you order products online, 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 purchase or order process, to inform you about similar products that we provide, but you may stop receiving these at any time by contacting us.
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 online 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.