Seller Agreement, Terms and Conditions
Global Value Commerce Inc. (doing business as "PGA Value Guide" and hereafter referred to as the "Company") provides an online process for consumers to sell their previously owned and/or unused golf clubs (the "Products") to the Company (the "Services"). The Company reserves the right to amend, cancel or alter these Services at our sole discretion.
THE USE OF THE SERVICES IS GOVERNED BY THE TERMS AND CONDITIONS SET FORTH BELOW IN THIS SELLER AGREEMENT ("AGREEMENT"). PLEASE READ THIS AGREEMENT CAREFULLY. YOUR USE OF THE SERVICES INDICATES YOUR ACCEPTANCE OF THIS AGREEMENT.
THE COMPANY MAY AMEND THIS AGREEMENT AT ANY TIME BY POSTING THE AMENDED TERMS. EXCEPT AS STATED BELOW, THE AMENDED TERMS WILL AUTOMATICALLY BE EFFECTIVE IMMEDIATELY AFTER THEY ARE POSTED.
Your use of the Company's Services may be terminated or suspended if you do not comply with this Agreement, our policies and procedures, or for any other reason the Company determines necessary, in its sole discretion.
Seller's Representations and Warranties
You (or the "Seller") represent(s) and warrant(s) that: (A) the Seller is not under the age of eighteen (18); (B) the Seller has all the necessary right, title, and authorization to produce and distribute the Product(s) and to permit the Company to offer, sell, and deliver the Product(s) to any third party; (C) the Product(s) and the rights granted under this Agreement do not infringe the proprietary rights, including, without limitation, copyrights, patents, domain names, trademark rights or any other intellectual property rights, of any third party; (D) the description of the Product(s) is truthful, accurate and complete. The Seller also represents and warrants that the description of the Product(s) and the Product(s) are not: (i) false, inaccurate, or misleading; (ii) fraudulent or involve the sale of counterfeit or stolen items; (iii) in violation of any law, statute, ordinance, or regulation (including, but not limited to those governing export control, consumer protection, unfair competition, antidiscrimination or false advertising).
Seller Contact Information
The Seller understands that using the Services requires the Seller to provide the Company with accurate and complete contact names, shipping address, billing address, and e-mail address. The Company shall not be held responsible for communication errors should the Seller's contact information be inaccurate or incomplete. In addition the Seller must make sure that they can receive emails from the Company. The Company is not responsible for any e-mails that are blocked or filtered as spam.
The shipment of the Seller's Product(s) confirms the Seller's acceptance of the Company's price and condition offer. It is the responsibility of the Seller to ship all Product(s) using the shipping method provided by the Company within 7 days of the initial offer date. If the Product(s) are postmarked within 7 days of the initial offer date, the Company's initial offer will be valid, unless the device does not meet the stated condition. See Exceptions and Return Policy below for more details on what happens if the device does not meet the stated condition.
Company will provide Seller with a RMA barcode sent to the Seller provided email address for the Seller to send Product(s) to the Company. Seller's Product(s) are insured for up to the lesser of (i) $500.00 and (ii) the actual offer value of the Product(s), should loss or damage occur after acknowledged receipt by the assigned freight company. Limit of insurance is $500.00 per shipment.
Receipt of Product(s) and Quality Verification
Company will notify Seller of receipt of Product(s). If Seller has provided all of the Product(s) as detailed in the initial transaction and if Company verifies that the Product(s) are in the condition as identified by the Seller in the initial transaction the Company will provide payment as detailed below.
Revised Offers and Returns
If the Company receives a portion of the Product(s) or a different Product than indicated in the order, the Company will email the Seller to indicate the specific differences between what was input on the site versus what was received by the Company and the revised offer. In all cases, should you receive a revised offer from the Company, the initial offer is immediately rescinded. The Company reserves the right to notify you in the case of an errant offer based on a database error and return the Product(s) to you at no cost.
It is important that you review any communication from Company about the transaction in a timely fashion so that Company can ensure that it honors your wishes with respect to accepting a revised offer or returning the Product(s) to you.
In all cases, should you receive a revised offer from the Company, the initial offer is immediately rescinded. The Company reserves the right to notify you in the case of an errant offer based on a database error and return the Product(s) to you at no cost.
Minimum Trade-In Requirements
- The Company, in its sole but reasonable authority, will determine if a golf club trade-in meets the Minimum Trade-In Requirements.
- All golf club trade-ins must be the property of the customer executing the trade-in transaction.
- All golf club trade-ins must be authentic and non-counterfeit. Counterfeit golf clubs may be identified by rubber-smelling grips, subtle differences in cosmetic branding on the head, shaft and grip, and different swing weight verses authentic OEM clubs.
- Driver, fairway and hybrid wood club heads may not have dents, dings, paint chipping, pop-up marks, deep scratches or damaged or missing branding.
- Iron, wedge and putter club heads may not have gouges, rust, paint or chrome chipping, excessive sole or groove wear, or damaged or missing branding.
- All golf shafts may not have dents, dings, bends, rust, excessive wear, broken, loose or separates ferrules or damaged or missing branding.
- 8 consecutive sticks is 100%
- 7 consecutive sticks is 87.5% (7/8ths)
- 6 consecutive sticks is 75%
- 5 consecutive sticks is 62.5%
- 4 consecutive sticks or less is no value
- All irons in the set must have matching heads, shafts, and shaft flexes.
- All golf club grips must be installed and functional.
- Length must be within +/- 3" of the manufacturer's standard golf club length.
- Lie angle must be within +/- 3* of the manufacturer's standard golf club lie angle.
- All single irons (9,8,7,6,5,4,3,2,1) that are not part of a matching iron set do not qualify for trade-in.
- All set wedges (wedge models that are only manufactured and sold as part of an iron set) are listed and acceptable within the irons category.
- Golf club specifications that were never made available by the Original Equipment Manufacturer (OEM) do not qualify for trade-in. Golf club specification is defined as the unique combination of shaft brand, shaft type, shaft flex, shaft length, lie and loft of a specific brand, model and type (drivers, fairways, hybrids, iron sets, wedges and putters) of golf club(s).
- Golf club head covers, tool kits, torque wrenches, or other related accessories should be included whenever possible (though are not mandatory).
Once you have completed a trade-in and have sent your clubs in:
* (Business days are Monday through Friday.)
- Please allow up to 12 business days* for your golf club trade-ins to be received at our warehouse and then inspected.
- After inspection of your clubs, you will be emailed if there are any condition-related issues that impact the $ value of your trade-ins.
- If there are no issues, you will not receive an email.
- After inspection, please allow an additional 15 business days for your payment to be issued.
- If check is selected, please allow up to an additional 5 business days for your check to be received.
- Checks are mailed via USPS first class mail.
- PGA Credits will be emailed to you.
All pricing is subject to change without notice. The Company reserves the right to make adjustments to price offers at any time in its sole discretion. The Company reserves the right to void any transaction and return the Product(s) to the Seller.
Seller may contact the Company at email@example.com or by calling 888-777-3540
This Agreement in no way constitutes or gives rise to a partnership, joint venture or other relationship between the parties. Each party will operate under the terms of this Agreement as an independent contractor and not as an agent for the other.
Without limiting other remedies, the Company may immediately terminate the Services, and refuse to provide future Services to the Seller if: (A) the Seller breaches this Agreement, (B) the Company is unable to verify or authenticate any information provided by the Seller, (C) the Company believes that the Seller's actions may cause financial loss or legal liability for the Seller, the Company, or any of its affiliates or customers, or (D) the Company suspects that the Seller (by conviction, settlement, insurance or escrow investigation, or otherwise) has engaged in fraudulent activity in connection with the Product(s).
The Seller agrees to indemnify and hold the Company and their respective parent, subsidiaries, affiliates, officers, directors, agents, and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due, connected to, or arising out of the Seller's breach of this Agreement, or the Seller's violation of any law or the rights of any third party.
The Company, its officers, managers, employees, and suppliers provide the Services "as is" and without any warranty or representation of any kind, express, implied or statutory. The Company, its officers, managers, employees, and suppliers specifically DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states do not allow the disclaimer of implied warranties or limitations on the duration of implied warranties, so the foregoing disclaimer may not apply to the Seller in such states. The Seller may also have other legal rights that vary from state to state.
Waiver of Consequential Damages
IN NO EVENT WILL THE COMPANY BE LIABLE TO SELLER FOR ANY INCIDENTAL, CONSEQUENTIAL EXEMPLARY, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES arising out of this Agreement or its termination, regardless of the form of action (including, but not limited to, negligence) and irrespective of whether the Company has been advised of the possibility of any such loss or damage. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to the Seller in such states. The Seller may also have other legal rights that vary from state to state.
The Company's aggregate liability and the liability of their respective officers, managers, employees, and suppliers to the Seller or any third parties in any circumstance is limited to the greater of (A) the estimated value of the Product(s) as stated in the initial transaction or (B) $50.
The Seller releases the Company (and the Company's officers, directors, agents, subsidiaries, joint ventures, employees, successors and assigns) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of, resulting from or in any way connected with the Services.
The Seller and the Company agree that this Agreement will be governed in all respects by the laws of the United States of America and the State of North Carolina, and that both parties waive any rights to a trial by jury. All notices or requests pertaining to this Agreement will be in writing and will be sent by email, facsimile or recognized commercial overnight courier. Notices will be deemed received upon receipt of written confirmation of transmission when sent by facsimile/email or signing for receipt of delivery if sent by overnight courier. Notices will be sent to the Seller at the addresses provided. The failure of either party to require performance by the other party of any provision hereof will not affect the full right to require such performance at any time thereafter; nor will the waiver by either party of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of this Agreement will be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity will not render this Agreement unenforceable or invalid as a whole and in such event, such provisions will be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or applicable court decisions. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof. This Agreement supersedes, and the terms of this Agreement govern, any prior or collateral agreements with respect to the subject matter hereof.