TERMS AND CONDITIONS
Welcome to Sway Golf. These Terms of Use govern your use of Sway Golf (the “Site”) and the Sway Golf service and sale of products (the “Service”). These terms and conditions describe the rules that apply to your use of the Site. Sway Golf may change these terms and conditions at any time; any such changes will be posted in this section of the Site and will be effective at the time of posting. Please check this section of the Site before using the Site to determine whether a change has been made to these Terms and Conditions. If you do not agree with any of the changes made to the Terms and Conditions please discontinue use of the Site and Service and contact us by email at support@swayexc.com to terminate your account. By using this website you agree to the current version of the Terms and Conditions as well as the Privacy Policy. Please review our Privacy Policy.
Conditions of Use
By using this site, you signify your agreement to the following conditions of use without limitation or qualification. Please read these conditions carefully before using this site. SwayGolf.com may at any time revise these terms and conditions by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current terms and conditions to which you are bound.
If you return a product in a damaged condition that exceeds normal wear and tear, as determined by Sway Golf in its sole discretion, you agree that Sway Golf may charge your credit card and collect a replacement fee for such product (except to the extent the loss is covered by insurance you may have purchased from Sway Golf to cover damage to the product). The product replacement fee varies depending on the specifics of each individual club or set.
Subject to Availability
The Company will make all reasonable efforts to provide the Renter with the Rental Equipment the Renter desires. However, please note that due to unknown factors such as Rental Equipment not being returned on time, insufficient lead time, lost or stolen Rental Equipment, etc., all Rental Equipment is subject to availability. If the Rental Equipment reserved is unavailable, Sway Golf will find an alternative Rental Equipment.
Rental Period
The Rental Period is defined as that period of time, which shall be no less than one (1) day, for which you have reserved to rent golf equipment from Sway Golf. The Rental Period will start the first day of your rental period and commence by the next morning. The golf clubs will be picked up at 7:00pm the day of your last rental period over. Failure in having the golf clubs ready for pick up will incur a 1 day rental rate that will be charged to your credit card.
Reservation Changes and Extension of Rental Period
The Company will make all reasonable efforts to make any changes that the Renter may wish to make to the Renter’s reservation, including any extensions they may wish to make to the “Rental Period” (defined below). Please note, however, that any such changes are subject to availability, particularly when requested within 3 business days or less of the First Rental Day.
Cancellations
The Renter may cancel this Agreement at any time at least 7 business days prior to the “First Rental Day” by emailing the Company’s customer service email info@swaygolf.com. Reservations canceled less than 7 business days prior to the First Rental Day will charge a $40.00 cancellation fee. If the cancellation takes place within that time frame only a store credit will be issued.
Damaged or Missing Golf Club Policy
In the event that you do not receive your clubs by the designated delivery time, or if any of the clubs are missing or damaged, you must contact customer service to notify us of the problem. Sway Golf will do our best to accommodate the situation.
In the event that any of the equipment is not returned to us, lost, stolen, broken or in the event that any of the returned equipment is in a state of damage that exceeds normal wear and tear, as determined by us in its sole and absolute discretion, you expressly authorize that we may immediately make a charge to your credit card in the amount of the replacement cost for such lost, stolen, broken or damaged item(s). You hereby authorize us to charge your credit card in the amount of our cost to replace such damaged or missing item(s), plus all other fees incurred, such as, but not limited to, shipping and handling costs. We have no duty to mitigate our replacement cost(s), including any attempt to fix or find such damaged or missing item(s
Billing
When you rent from us you will be required to provide Sway Golf with accurate, complete and current credit card information for a valid credit card that you are authorized to use. By signing up for the Service, you authorize Sway Golf or its agent to bill your credit card the applicable membership fees, per-item or rental fees, shipping charges, any and all applicable taxes, and any other charges you may incur in connection with your use of the Service. The applicable rental fees will be charged to your credit card on the date your rental is Delivered. If Sway Golf does not receive payment from your credit card provider or if your credit card expires or is rejected, you agree to pay all amounts due upon demand. Sway Golf reserves the right to take all steps necessary to collect amounts due from you, including but not limited to using third party collection agencies. Sway Golf reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment.
We reserve the right to determine whether your credit card is pre-authorized to accept a minimum charge equal to your membership fee and the current retail value of the product/products rented.
All applicable local, city, and state taxes are your responsibility. You agree to pay these taxes.
You are solely responsible for any and all fees charged to your credit card by the issuer, bank, or financial institution including, but not limited to, membership, overdraft, insufficient funds, and over the credit limit fees. You agree to notify us about any billing problems or discrepancies within 90 days after they first appear on your account statement. If you do not bring them to our attention within 90 days, you agree that you waive your right to dispute such problems or discrepancies.
We may modify the price, content, or nature of the Service at any time. If we modify any of the foregoing terms, you may cancel your membership. We may provide notice of any such changes by e-mail, notice to you upon log-in, or by publishing them on the Site.
