PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEB SITE. YOUR USE OF THIS WEB SITE CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, PLEASE DO NOT USE THIS WEB SITE.
We are New Standard Sports LTD (d/b/a Shapland Sports Co. ) owns and operates this Web Site (referred to as “Web Site” or “Site”) and is hereinafter referred to as “Shapland”, “we” or “us”. The term “you” refers to the user or viewer of our website. “Shapland Sports Co.”, “Shapland”, and the distinct Shapland Sports Co. shape are registered trademarks of New Standard Sports ©2017. Shapland provides a variety of services through the Site including, but not limited to, providing information regarding our products and services (the "Services"). This Agreement applies to all users of the Site and Services.
PRODUCT, CONTENT AND SPECIFICATIONS
All features, content, specifications, products and prices of products and services described or depicted on this Web site, www.shaplandbags.com, are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for purposes of convenience only. Shapland Sports Company, make all reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services on this Web Site at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from this Web Site. By placing an order, you represent that the products ordered will be used only in a lawful manner.
ACCURACY OF INFORMATION
We attempt to ensure that information on this Web Site is complete, accurate and current. Despite our best efforts, the information on this Web Site may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currentness of any information on this Web Site. For example, products included on the Web Site may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on the Web Site. In addition, we may make changes in information about price and availability without notice. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order.
TERMS OF SALE/PURCHASE FROM SHAPLANDBAGS.COM
- Sale and Purchase of Goods
Shapland Sports Co. (“Seller”) hereby agrees to sell, and You (“Buyer”) hereby agree to purchase, goods of the description and quantity described on the checkout window (“Checkout”) and incorporated herein by this reference (“Goods”) on the terms and conditions set forth in this Agreement.
- Purchase Price
Buyer agrees to pay the Purchase Price of the Goods as posted on this website attached hereto.
- Payment Terms
The total amount of the Purchase Price shall be payable in full by Buyer upon order confirmation. If custom embroidery is involved, the order will be confirmed upon design approval. Any portion of the Purchase Price unpaid past thirty (30) days shall be considered overdue. All amounts past due are subject to a late charge of the lesser of one and one-half percent (1 1/2%) per month (being eighteen percent (18%) per annum) or the highest lawful rate. In addition, Seller shall have the right to pursue any remedies available at law or as provided herein and shall be entitled to reimbursement from Buyer for Seller’s costs of collection, including attorney fees, legal fees and costs and disbursements.
Unless otherwise agreed in writing, delivery shall be made in accordance with Seller’s shipping policy in effect on the date of shipment. Delivery dates provided by Seller are estimates only and will be confirmed by a 3rd party carrier, i.e., FedEx, UPS, DHL, etc. Seller will make reasonable efforts to deliver in accordance with such dates; however, Seller will not be liable for failure to deliver as estimated. Unless otherwise agreed in writing by Seller, Goods shall be packaged according to Seller’s standards and practices.
When calculating your total shipping time, please keep in mind that the day the package is shipped or picked up from our warehouse is not considered the first business day; start counting business days from first full day that the package is “in transit” to you.
Business days are Monday through Friday, excluding weekends and Federal holidays.
Shipping is currently limited to the U.S. and the U.K. When an order is placed, it will be delivered using a 3rd party carrier to the address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on this Web Site and lies within those two territories. All purchases from this Web Site are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from this Web Site pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.
- Returns, Cancellations, and Product Guarantees
Unfortunately, personalized items cannot be returned unless an error has occurred attributable to us. For all other items, if for any reason the product you have ordered does not meet your expectations and you wish to return it, please send it back to us, in the same condition in which we supplied it to you, with proof of purchase we will arrange for it to be refunded or exchanged at your option. This does not affect your statutory rights. You also have the right to cancel your order within 2 working days as long as personalization has not been started. Please contact us immediately if you wish to do this. You must return the goods to us in their original condition. Please note that your right to return a product applies only to standard products offered for sale on our website. Because a portion of the proceeds from each product goes toward gender equality initiatives to which it is connected, New Standard Sports Co. maintains a firm 30-day return policy from the date of purchase. To ensure quality control each product is inspected before shipping and, if applicable, upon return. Any additional inquiries may be sent to firstname.lastname@example.org.
If you would like to return an item for a refund, please email a request with your original order number in the subject line to email@example.com, noting the details of your request. Refunds will not be awarded for used items.
Shapland Sports Co. will cover the shipping fees for the return of an item presenting a quality issue.
We guarantee our products against any manufacturing defect over the lifetime of the product. If your product should suffer any such defect, you should return it to us for repair or replacement. The cost of returning the product to us will be for your account, while we will pay for returning it to you. This product guarantee excludes fair wear and tear. The lifetime of the product will vary depending on usage and other factors.
- Force Majeure
Seller shall not be held responsible for any failure of performance to make timely delivery of all or any part of the Goods in the event such failure was due, in whole or in part, to federal, provincial or municipal action, statute, ordinance or regulation, strike or other labor trouble, fire or other damage to or destruction of, in whole or in part, the Goods or the manufacturing facility for the Goods, the lack of or inability to obtain raw materials, labor, fuel, electrical power, water or supplies, or any other cause, act of God, contingency or circumstances not subject to the reasonable control of Seller, which causes delays or hinders the manufacture or delivery of Goods. Seller shall determine in good faith the extent to which it can reasonably control a cause, contingency, or circumstance that affects the performance of its obligations.
Buyer may not assign this Agreement without Seller’s written consent. Seller is the sole intended beneficiary of this Agreement. If there is any inconsistency between this Agreement and any other agreement included with or relating to the Goods, this Agreement shall govern. This Agreement may not be modified, altered or amended without the written agreement of Seller. Any additional or altered terms attached to any order submitted by Buyer shall be null and void, unless expressly agreed to in writing by Seller. If any term of this Agreement is illegal or unenforceable, the legality and enforceability of the remaining provisions shall not be affected or impaired. This Agreement shall be interpreted under the laws of the State of New York, without giving effect to conflicts-of-law rules; and in the event of a dispute under this Agreement; Buyer submits to the exclusive jurisdiction and venue of the courts of the Commonwealth of New York and hereby waives any objection to such jurisdiction and venue.
LIMITATIONS OF LIABILITY
Shapland Sports Co. assumes no responsibility, nor will be liable, for any damages to, or any viruses that may infect, your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing this Web Site, or your downloading of any information or materials from this Web Site. IN NO EVENT WILL SHAPLAND SPORTS CO. OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS WEB SITE, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEB SITE, ANY WEB SITES LINKED TO THIS WEB SITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL SUCH WEB SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
IN THE EVENT OF ANY PROBLEM WITH THIS WEB SITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEB SITE. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THIS WEB SITE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS FROM THE MANUFACTURER OF SUCH PRODUCTS OR SUPPLIER OF SUCH SERVICES, IN ACCORDANCE WITH SUCH MANUFACTURER'S OR SUPPLIER'S WARRANTY, OR TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICES IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES POSTED ON THIS WEB SITE.
COPYRIGHTS, TRADEMARKS AND PATENTS
Unless otherwise noted, all Contents are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by Shapland Sports Co., one of its affiliates or by third parties who have licensed their materials to Shapland Sports Co. and are protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all Contents on this Site is the exclusive property of Shapland Sports Co. and is also protected by U.S. and international copyright laws.
Shapland Sports Co. expressly reserves all intellectual property rights in all text, programs, products, processes, technology, content and other materials which appear on this Site. Access to this Site does not confer and shall not be considered as conferring upon anyone any license under any of New Standard Sports Co.’s intellectual property rights.
The SHAPLAND name and logo and all related product and service names, design marks and slogans are the trademarks or service marks of Shapland Sports Co. No trademark or service mark license is granted in connection with the materials contained on this Site. Access to this Site does not authorize anyone to use any name, logo or mark in any manner.
The design of this Web Site and all text, graphics, information, content, and other material displayed on or that can be downloaded from this Web Site are protected by copyright, trademark and other laws and may not be used except as permitted in these Terms and Conditions or with prior written permission of the owner of such material. The software and other technology components of this Web Site are © 2017, New Standard Sports LTD. or its affiliates and suppliers. The contents of this Web Site are © 2017, New Standard Sports LTD or its respective affiliates and suppliers. All rights reserved. You may not modify the information or materials displayed on or that can be downloaded from this Web Site in any way or reproduce or publicly display, perform, or distribute or otherwise use any such information or materials for any public or commercial purpose. Any unauthorized use of any such information or materials may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations.
Certain trademarks, trade names, service marks and logos used or displayed on this Web Site are registered and unregistered trademarks, trade names and service marks of Shapland Sports Co. and its affiliates. Other trademarks, trade names and service marks used or displayed on this Web Site are the registered and unregistered trademarks, trade names and service marks of their respective owners. Nothing contained on this Web Site grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on this Web Site without the written permission of Shapland Sports Co. or such other owner.
LINKING TO THIS WEBSITE
Creating or maintaining any link from another Web site to any page on this Web Site without our prior written permission is prohibited. Running or displaying this Web Site or any information or material displayed on this Web Site in frames or through similar means on another Web site without our prior written permission is prohibited. Any permitted links to this Web Site must comply will all applicable laws, rule and regulations.
3RD PARTY LINKS
From time to time, this Web Site may contain links to Web sites that are not owned, operated or controlled by us or our affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave this Web Site. Neither we nor any of our affiliates are responsible for any content, materials or other information located on or accessible from any other Web site. Neither we nor any of our affiliates endorse, guarantee, or make any representations or warranties regarding any other Web site, or any content, materials or other information located or accessible from such Web sites, or the results that you may obtain from using such Web sites. If you decide to access any other Web site linked to or from this Web Site, you do so entirely at your own risk.
You are prohibited from posting or transmitting any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. In addition to any remedies that we may have at law or in equity, if we reasonably determine that you have violated or are likely to violate the foregoing prohibitions, we may take any action we reasonably deem necessary to cure or prevent the violation, including without limitation, the immediate removal from this Web Site of the related materials. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.
Tax on Orders Placed Online. Shapland Sports Co. collects sales tax on your order if required based on your destination country/state and our nexus. New Standard Sports Co. remits this money to the proper authority.
For international orders outside of the U.S. or U.K., your order may be subject to import duties and/or taxes imposed by your country’s tax authorities. Payment of all duties and taxes in the sole responsibility of the customer. Contact your local tax office if you have questions about your country’s import regulations.
Those items for shipment to countries outside of the U.S. or U.K. may be subject to taxes, customs duties, and fees levied by the destination country (“Import Fees”). The recipient of the shipment is the importer of record in the destination country and is responsible for all Import Fees. The buyer or recipient of the shipment agrees to adhere to the United States Export Administration Regulations. Diversion contrary to U.S. Law is prohibited.
For products shipped internationally, product manuals, instructions and safety warnings may not be in destination country languages; the products (and accompanying materials) may not be designed in accordance with destination country standards, specifications, and labeling requirements; and the products may not conform to destination country. The buyer or recipient of the shipment is responsible for assuring that the product can be lawfully imported to the destination country.
Users are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding," "spamming," "mailbombing" or "crashing;" (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. New Standard Sports Co. will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from this Site and other than generally available third party web browsers (e.g., Firefox, Microsoft Explorer, Safari, etc.).
USER TESTIMONIALS, FEEDBACK AND SUBMISSIONS
All testimonials, feedback, and other submissions disclosed, submitted or offered to Shapland Sports Co. on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, the "Comments") shall be and remain New Standard Sports Co. property. Such disclosure, submission or offer of any Comments shall constitute an assignment to Shapland Sports Co. of all worldwide rights, titles and interests in, to, and under all copyrights and other intellectual properties in the Comments.
Thus, Shapland Sports Co. will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Shapland Sports Co. will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way. Shapland Sports Co. is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments. You agree that any Comments submitted by you to the Site will not violate this policy or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam."
Shapland Sports Co. does not regularly review posted Comments, but does reserve the right (but not the obligation) to monitor and edit or remove any Comments submitted to the Site. You grant Shapland Sports Co. the right to use the name that you submit in connection with any Comments. You agree not to impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are and shall remain solely responsible for the content of any Comments you make and you agree to indemnify Shapland Sports Co. and its affiliates for all claims resulting from any Comments you submit. Shapland Sports Co. and its affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party.
Shapland Sports Co. strives to comply with the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. New Standard Sports Co. will respond to notices of alleged infringement that comply with the DMCA and remove material from public view that we believe in good faith to be copyrighted material that has been illegally copied and distributed by any of users of the Site. If Shapland Sports Co. removes or disables access to comply with the DMCA, Shapland Sports Co. will make a good-faith attempt to contact the owner, author, or administrator of each affected posts so that they may make a counter notification pursuant to sections 512(g)(2) and (3) of the DMCA. To file a DMCA takedown notice, please contact us using the contact information below.
INTELLECTUAL PROPERTY SUBMISSION POLICY
While Shapland Sports Co. appreciates that consumers may want to share their ideas related to sports products, Shapland Sports Co. does not accept any unsolicited information, material, or other communication related to intellectual property including, but not limited to, any comments, suggestions, drawings, models, materials, and/or descriptions of ideas related to developing Shapland Sports Co., manufacturing, and/or marketing products or services.
Unless express written approval from Shapland Sports Co. is granted, any unsolicited information, material, or other communication provided to Shapland Sports Co. or its affiliates by electronic mail or otherwise, including, but not limited to, any concepts, techniques, know-how, questions, comments, suggestions, data, and/or the like will be treated as non-confidential and non-proprietary information.
Shapland Sports Co. or its affiliates are not obligated to maintain any unsolicited information, material, or other communication in confidence. Any unsolicited information, material, or other communication may be used by Shapland Sports Co. or its affiliates for any purpose including, but not limited to, broadcast, disclosure, posting, publication, reproduction, solicitation, and/or transmission without compensation to the person providing such information, material, or other communication. Further, any unsolicited submission to Shapland Sports Co. or its affiliates including, but not limited to, prototypes, marketing materials, and/or the like will not be returned to the sender.
You agree to indemnify, defend, and hold Shapland Sports Co. (and its officers, directors, employees, contractors, agents, successors, and assigns) harmless, including costs and attorneys’ fees (including expert fees), from any claim or demand made by any third party due to or arising out of (a) your use of or access to the Site or Services, (b) your violation of this Agreement; and (c) your violation of applicable laws or regulations (including any privacy or copyright laws).
You or we may suspend or terminate your account or your use of this Web Site at any time, for any reason or for no reason. You are personally liable for any orders placed or charges incurred through your account prior to termination. We reserve the right to change, suspend, or discontinue all or any aspect of this Web Site at any time without notice.
THIS SITE IS PROVIDED BY SHAPLAND SPORTS CO. ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WE EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT THE SITE OR SERVICES: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. NEW STANDARD SPORTS CO. MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THESE SITES IS AT YOUR SOLE RISK.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL NEW STANDARD SPORTS CO. OR ANY OF ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF SHAPLAND SPORTS CO. HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL SHAPLAND SPORTS CO. BE LIABLE FOR ANY DAMAGES IN CONNECTION WITH YOUR USE OF THE SITE DURING THE SIX-MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE.
These Terms and Conditions supersede any other agreement between you and Shapland Sports Co. to the extent necessary to resolve any inconsistency or ambiguity between them. These Terms and Conditions will be governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of laws. Any action seeking legal or equitable relief arising out of or relating to this Web Site will be brought only in the courts of the State of New York. A printed version of these Terms and Conditions will be admissible in judicial and administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
REVISIONS TO THESE TERMS AND CONDITIONS
These Terms and Conditions may be revised at any time and from time to time by updating this posting. You should visit this page from time to time to review the then current Terms and Conditions because they are binding on you. Certain provisions of these Terms and Conditions may be superseded by legal notices or terms located on particular pages of this Web Site.
If you do not understand any of the foregoing Terms and Conditions or if you have any questions or comments, we invite you to contact our Customer Service Department by email at firstname.lastname@example.org.
Mailing address: 160 E. 88th St., 12E, New York, NY 10128
Telephone: 1-614-465-3224 (614-GOLFBAG)
Last Revised: October 25, 2017