TERMS OF SERVICE AND USE
Please read these TOS carefully and in their entirety before using the Company Sites and/or purchasing products or services from Tour Striker. You agree to be bound by these TOS by purchasing products or services from Tour Striker, using or accessing any of the Company Sites, or creating an Account. If you do not agree to these TOS, you are not permitted to purchase products or services from Tour Striker, use or access the Company Sites, or create an Account.
PLACING AN ORDER
The Company Sites offer, among other things, products and services for sale to members of the public. To place an order, you should first add the desired products and services to your Shopping Cart. You can add, delete, update, or change the quantities of products and services in your Shopping Cart while you shop on the Company Sites. Once you are ready to purchase the products and services in your Shopping Cart, proceed to the check-out section of the website to enter the shipping and payment information needed to complete your order.
After you place an order, Tour Striker shall provide you with a printable order confirmation screen detailing the order. You will also receive an order confirmation email which will include the order details. Please be sure to save this order confirmation and to print out a copy. This is the receipt for proof of purchase; your merchandise will not include an additional receipt or packing slip.
When you place an order, you will have the opportunity to complete your order as a guest, or you can create a user Account (an “Account”). By creating an Account, you can quickly access product support, updates, and promotions.
Should you choose to create an Account, you will be prompted to provide information needed for Tour Striker to open the Account, which information may include, but is not necessarily limited to, the following: full name, address, telephone number, email address, and/or payment information. You must accept these TOS to create an Account.
Payment is due at time of sale. Tour Striker accepts payment via PayPal or credit card. Not all payment methods are supported for all products and services; there are certain orders that must be paid via certain methods.
When you place an order, Tour Striker may, but is not required to, verify certain information before the order is filled, including without limitation your personal information, payment information, and/or creditworthiness.
Certain orders are subject to verification as a precautionary measure against unauthorized credit card use. To assist in minimizing unauthorized card usage, please ensure that your credit card company has current information on file including any alternate or authorized shipping addresses.
By placing an order, you agree not to initiate a chargeback request with any credit card company, third party payment service such as PayPal, or third party website through which you places the order, such as eBay. Instead, all disputes, requests for refunds, requests for returns, or requests to cancel an order, in whole or in part, must be submitted to Tour Striker. Your failure to comply with this requirement constitutes a material breach of these TOS.
Use of Company Gift Cards is subject to the gift cards’ terms and conditions of use.
Use of promotional codes, discounts, coupons or similar promotions are subject to the specific terms and conditions of the particular promotion and these TOS. To be eligible for a specific promotion, your order must be submitted within the specified promotion period. Unless otherwise expressly stated in the applicable promotion’s terms and conditions, no more than one promotion may be applied to an order.
SHIPPING AND DELIVERY
Orders are typically shipped within 1-3 business days from when the order is placed. Orders are not processed or shipped on Saturday, Sunday, or Holidays, except by prior arrangement. If you have issues or questions regarding your order delivery, please email firstname.lastname@example.org or call 480-664-1002. We cannot make rush deliveries to PO Boxes. You can check the status of your order online 24 hours a day by logging into your Tour Striker Account and clicking on “Orders.”
We cannot guarantee when an order will arrive. Consider any shipping or transit time offered to you by Tour Striker or other parties only as an estimate. We encourage you to order in a timely fashion to avoid delays caused by shipping or product availability.
When your order ships, Tour Striker shall send an email to the email address you provided when you submitted the order. The shipping confirmation email will include the date of the shipment, the shipping provider, and the tracking number. Tour Striker ships packages using a network of local and international delivery services. We are not able to ship under your own personal shipping account number.
International Orders are shipped via USPS International First Class. Once they clear US Customs, orders can take anywhere from 2-8 weeks to arrive depending on your location, how quickly the shipment passes through your country’s customs department, and then how long your country’s postal service takes to deliver the package.
International Customers are responsible for all import duties and taxes imposed by their country. International customers should check with their local government and postal service concerning such charges.
State sales tax is collected in the United States as required, according to the rules associated with the state and is based on where the order is being delivered.
VAT – VAT is included in the display price for European customers on https://uk.tourstriker.com
You can cancel or alter your order up until you submit the order. Changes to orders cannot be made once an order has been submitted for processing. This includes, but is not limited to, address changes, adding items, and cancelling orders. If you notice an error in an order or want to modify or cancel an order after it has been submitted, you should immediately contact Tour Striker via the information provided on the Contact Us page available here. Please include your name and order number. Upon receipt of your request Tour Striker may, but is not required to, attempt to modify or cancel your order, but Tour Striker does not guarantee that such effort will be successful in whole or in part. You acknowledge and agree that there may be situations in which Tour Striker is unable to modify or cancel your order after it has been submitted. In the event that Tour Striker is unable to modify or cancel your order, you agree to nonetheless be bound by the terms of the sale.
TOUR STRIKER GUARANTEES, WARRANTIES AND RETURNS
30-Day Money Back Guarantee (*Does not apply to Customized Clubs)
We want you to be fully satisfied with every training product that you purchase from Tour Striker. If you are not satisfied with any training product that you purchased directly from the TourStriker.com website you may return the item within 30 days of receipt for a refund. The item must be returned in new, unused or good condition, if possible in its original packaging and including all parts and accessories to ensure a full refund. Customers are responsible for all return shipping costs, original shipping costs are non-refundable.
Please read our Return Rules and Restrictions before returning your item.
TOUR STRIKER 90-DAY WARRANTY
Tour Striker warrants its training clubs and training aid products to be free of defects in material and workmanship for 90 days. Tour Striker will repair or replace any product or component or part thereof that is defective or becomes defective during normal and customary use within 90 days after the first date of purchase from Tour Striker. At its option, Tour Striker may replace the product with a new or refurbished product. If the product is no longer available, and repair is not reasonably possible, the defective item will be replaced with a comparable product.
WHAT THE WARRANTY DOES NOT COVER: Tour Striker does not warrant its products against damage caused by third parties or by abnormal use, misuse, abuse, neglect, or accident. This warranty does not cover products that have been repaired or modified other than by Tour Striker. This warranty does not cover dings, chips, tire marks, deep scratches, unusual rusting, excessively bent shafts, paint scratches, cosmetic blemishes or other normal wear and tear. This warranty applies only to the original purchaser of the product. This warranty does not cover any products which are not manufactured by Tour Striker, Inc. This warranty is not transferable.
WARRANTY RETURN SHIPPING: Customers are responsible for any shipping costs incurred to send back products for warranty repairs. Customer is required to pack the item(s) being returned in appropriate sized packaging and with adequate packing material. Tour Striker will cover costs to ship repaired product back to the customer.
RETURN RULES AND RESTRICTIONS
• Money Back Guarantee returns must be made within 30 days of delivery.
• Warranty Returns must be made by making a warranty claim. (See Tour Striker 90-Day Warranty)
• You must include your original packing slip, or a print out of your confirmation email along with your return. If you no longer have your packing slip or confirmation email, please email email@example.com or call 480-664-1002.
• Shipping and handling costs and other additional charges are non-refundable.
• We will not accept CODs or third party billing for returned merchandise.
• If product is damaged upon delivery or if your product is defective, as determined by technicians employed by or affiliated with Company, please see our Warranty and call our Customer Service Department immediately at 480-664-1002.
• You can expect your refund in the same form of payment originally used for purchase within 7-15 days of Tour Striker receiving your returned product.
• Opened DVD sets are non-returnable and non-refundable unless defective and may be returned under our warranty.
• Products must be returned with all accessories originally included and in the original packaging. Additional product return instructions may be required. In the event that your return is refused for any reason, Company shall send written notice to you using the contact information submitted with the return request.
• When returning product, we suggest that you obtain a tracking number for your return shipment for verification the product was shipped and was received by our returns department. We are not responsible for lost/undelivered packages nor will refunds be issued on lost packages.
• Ensure your package has the appropriate postage.
• Refunds for gift orders must be submitted by the person who submitted the order.
• Tour Striker will not accept returns or issue refunds for items that were not directly purchased from TourStriker.com or the Tour Striker Sales Department.
STEPS TO RETURN A PRODUCT
If you are within the 30-Day Money Back Guarantee or are making a warranty claim and would like to return your Tour Striker product:
• Find your original packing slip or order confirmation email. Your order number will serve as your Return Authorization Number (RA#). If you cannot find your original packing slip or confirmation email, please email firstname.lastname@example.org or call 480-664-1002 and we will issue you an RA#.
• An RA# is required for a refund or exchange. Any product returned to Company without a return authorization is not eligible for refund or exchange.
• Pack the item in its original packaging or other sufficient packaging.
• Place one of the following inside the box. a) your original packing slip. b) print out of your confirmation email. c) a note with your Full Name, Address, Phone #, Email, RA#
• Please include a note with the reason for your return.
• Seal up the package in a secure manner.
• Ship to:
Tour Striker, Inc.
90 N. William Dillard Drive, Unit 111
Gilbert, AZ 85233
Please send all other written correspondence or shipments to:
Tour Striker, Inc.
90 N. William Dillard Drive, Unit 111
Gilbert, AZ 85233
REPRESENTATIONS AND WARRANTIES
You acknowledge and agree that it is your exclusive obligation to know the laws, rules, regulations, and guidelines of the jurisdiction applicable to you, and you hereby represent and warrant that your use of Tour Striker, the Company Sites, and your Account shall at all times comply with all such laws, rules, regulations, and guidelines.
You hereby represent and warrant that you will not, now or in the future, either directly or through a third party, copy, modify, create derivative works, reverse engineer, disassemble, distribute, sell or license any of the Company Sites or the content thereon, or any part thereof, to any third party.
You may use Company, the Company Sites, and your Account only for personal, non-commercial use. Any other use is prohibited. You may open only one Account. You shall not exceed, or attempt to exceed, the authorizations associated with your Account and the Company Sites.
You shall not, directly or indirectly (i.e. through the use of a third party), access or attempt to access the Account of any other user of the Company Sites, or distribute software, tools, or instructions to enable such access. You shall not use Company, the Company Sites, or your Account for any illegal, unlawful, or criminal activity, or in any manner that violates the rights of a third party.
If you decide to voluntarily grant access to your Account to a third party, you are responsible for any and all acts and omissions that such third party may take in connection with your Account. You agree to hold Company harmless for any acts or omissions taken by such third party, and shall indemnify Company from any and all liability arising out of, connected to, or related to any act or omission of any third party using your Account.
Company reserves the right to review, monitor, record, and/or disclose any information as may be necessary to comply with any applicable laws, regulations, legal process, or governmental request. Should Company determine, in its sole discretion, that the activity on your Account is suspicious or related to any act or omission that would violate these TOS, or any illegal, unlawful, or criminal activity, Company may but is not required to terminate or suspend your Account, decline or delay any pending transactions, and/or decline or delay any new transactions.
RESPONSIBILITIES FOR ACCOUNT SECURITY
You shall keep your login and password associated with your Account confidential. You are responsible for safeguarding your Account, the login and password associated with your Account, and any security verification methods or information associated with your Account. You are hereby advised, and hereby accept the risk, that if you fail to maintain the confidentiality or security of your login, password, or security verification methods, your Account may be accessed by third parties, and you may incur financial losses as a result. In no event shall Company be liable for any damages or losses which may be sustained, by you or by third parties, as a result of your failure to maintain the confidentiality and security of your login, password, or security verification methods, or as a result of any your failure to act upon Account information notifications and security alerts.
You shall immediately notify Company in writing if you learn or suspect that your Account has been accessed without authorization, or that your login, password, or security verification methods have been compromised.
Company may send emails to you regarding Company, the Company Sites, your Account, and/or transactions involving your Account. These emails are required to maintain your Account. You agree to receive and review these emails from Company. If you block or unsubscribe from these emails, Company may but is not required to terminate your Account without further notice.
In addition, Company may from time to time send you emails about promotions or offers, which you may opt-out of by using the “Unsubscribe” link at the bottom of any such promotional email.
USE OF INFORMATION
Company may use some or all of the information you provide to Company to provide you with products or services, including improvements to Company’s provision of products and services. Company’s provision of these products and services may require Company to disclose some or all of your information to third parties. You are hereby informed that Company may submit inquiries to third parties to verify your identity and to confirm information you provide to Company, for purposes including, but not necessarily limited to, preventing misidentification, fraud, suspicious activity, money laundering, and any other type of illegal, unlawful, or criminal activity. Company may take action in response to the result of such inquiries, which result shall depend on the circumstances of the particular case, and which action shall be determined by Company in its sole discretion. You are hereby informed that Company may provide third parties with some or all of the information you provide to Company in order for Company to comply with legal obligations including, but not necessarily limited to, legal process, subpoenas, investigations, and criminal prosecution. You hereby consent to such inquiries and disclosures of information.
RIGHTS RESERVED TO COMPANY
Company reserves the right to correct any errors, inaccuracies, or omissions on the Company Sites and to change or update information for products or services offered. Company reserves the right, in its sole discretion, to change prices of products and services without prior notice.
Company reserves the right to refuse to process any order in which your payment is declined for any reason. Company will endeavor to provide you with notice of any such declined transaction, but is not required to provide such notice, and is not liable for any harm resulting from the failure to provide such notice.
Without limitation, Company reserves the right to decline, cancel, modify, or delay your order at any time, for any reason, with or without notice, and regardless of whether the order has been confirmed. If Company modifies or delays your order, Company shall attempt to give you prior notice so you can decide whether to cancel the order. If Company declines or cancels your order, Company will endeavor to provide you with notice of any such declined or cancelled transaction, but is not required to provide such notice, and is not liable for any harm resulting from the failure to provide such notice.
Company reserves the right to decline, modify, limit, delay, or cancel orders that, in Company’s sole judgment, appear to be from unauthorized parties, including resellers. Company reserves the right to prohibit users using anonymity tools, such as virtual private networks or other mechanisms or devices that obfuscate your identity, location, internet protocol address, and media access control address (MAC ID) from accessing or using Company, the Company Sites, and/or your Account.
If your payment method is charged for an order that Company later modifies, declines, or cancels, Company shall issue you a refund for the amount of the change. Company apologizes in advance for any inconvenience this may cause.
Company reserves the right, in its sole discretion, to decline to open an Account for you.
Company reserves the right, in its sole discretion, to suspend, restrict, limit, or terminate your access to Company, the Company Sites, and/or your Account at any time and for any reason, including but not limited to maintenance.
The name “Tour Striker” and other Tour Striker marks, logos, designs, and phrases that we use in connection with our goods and services are trademarks, service marks, or trade dress of Tour Striker in the U.S. and other countries. They may not be used without the express written prior permission of Tour Striker. All copyright, trademark, service marks, and other intellectual property on the Company Sites are protected by and subject to copyright and other intellectual property rights under United States law. This site is under development and changes may be made at any time. The materials on the Company Sites, including but not limited to, images, photographs, text, website layout, videos, brochures, videos or other content are protected by United States copyright law. Any reproduction, distribution, transmission, display, publication, or broadcast requires the prior written permission of Tour Striker.
DISCLAIMERS AND LIMITATIONS ON LIABILITY
Company cannot, and does not, guarantee that Company, the Company Sites, and/or your Account will always be available to you.
Company makes efforts to maintain correct information on the Company Sites, but you are hereby advised and acknowledge that the Company Sites and content thereon may contain errors or inaccuracies, including but not limited to errors in the description of a good or service, its availability, its price, applicable taxes, and/or the shipping cost. Company reserves the right to change or update the Company Sites and content thereon to correct such errors without giving you prior notice, including without limitation, information regarding the Company’s policies, products, and services. Pricing and availability is subject to change at any time and without notice.
You hereby acknowledge and agree that it is your responsibility to verify information before acting on it, and any decisions you make based in whole or in part on the Company Sites and content thereon are your sole responsibility, and Company has no liability for such decisions or actions.
The Company Sites and content thereon may include links to other websites or third party materials, which may be provided as a convenience, but Company does not warrant or guarantee that such websites or third party materials are or shall remain accurate and available. Company is not responsible for the content or services offered by any third party, or on any third-party websites accessible through or linked to the Company Sites.
Any and all use of the internet carries inherent risks, including but not necessarily limited to viruses, malware, spyware, Trojans, worms, ransomware, phishing scams, spear-phishing scams, spoofing, intercepted communications, failure of communication, and/or failure of services. Company shall not be liable for any damage or harm caused by these and other such risks, including but not necessarily limited to infection of your computer, systems, hardware, software, servers, networks, and other equipment. You shall utilize comprehensive antivirus and anti-spyware software on any device that you use to connect to the Company Sites or your Account.
You are hereby advised to use caution and reasonable sense when reviewing emails, text messages, and other communications that purport to originate from Company or the Company Sites, and verify the authenticity of any communication that would appear suspicious to a reasonable person. As a reminder, Company will never ask for your password, and any communication that purports to do so is undoubtedly a scam to which you should not respond, but which you should instead report to Company for investigation. Company hereby advises you to log into your Account only through the Company Sites and to never utilize any third party software or service to access your Account. While Company strives to protect your information, Company cannot and does not ensure or warrant the security of any information you provide to Company. You acknowledge and assume this risk by accepting these TOS.
The Company Sites are provided on “as is” and “as available” basis without any representation or warranty, whether express, implied or statutory. Company specifically disclaims any implied warranties of title, merchantability, and/or fitness for a particular purpose.
In no event shall Company, including its officers, directors, members, managers, contractors, agents, joint venturers, attorneys, employees, or representatives, be liable to you or anyone on your behalf, for any indirect, special, incidental, intangible, punitive, or consequential damages, including without limitation, loss of revenues or data, whether based in contract, tort, negligence, strict liability, or otherwise, arising out of or in connection with authorized or unauthorized use of Company, the Company Sites, your Account, or through a breach of these TOS. In the event of any breach of these TOS by Company, your remedy is limited to the amount you paid to Company.
Company shall not be liable for delays, failure in performance, or interruption of service which results directly or indirectly from any cause or condition beyond its reasonable control, including without limitation, the following: earthquake, storm, accident, explosion, flood, perils of the sea, the elements, casualty, lock-outs, power failures, telecommunications failures, fire, other acts of nature, epidemic, pandemic, war (whether or not declared), riot, sabotage, hostility, public disturbance, cessation of transport, act of public enemies, prohibition, terrorism, enduring unavailability of materials or machinery necessary to manufacture products, act by a government or public agency, embargo, strike, or other labor dispute or work stoppage.
RELEASE AND INDEMNIFICATION
You shall defend, indemnify and hold Company, including its officers, directors, members, managers, contractors, agents, joint venturers, attorneys, employees, and representatives, harmless from any claim or demand (including damages, attorneys’ fees, costs, fines, fees, interest, or penalties), arising out of or related to your breach of these TOS; your use of Company, the Company Sites, and/or your Account; your violation of any law, rule, regulation, or guideline applicable to you; and/or your violation of the rights of any third party, regardless of whether such violation was intentional.
Company may amend or modify these TOS at any time and without notice. Company shall notify you by posting the revised TOS on the Company Sites, and the revised TOS shall be effective from that date forward. Your continued use of Company, the Company Sites, and/or your Account constitutes your acceptance of the revised TOS. If you do not agree with any modification or amendment of these TOS, your sole and exclusive remedy is to terminate your use of Company and the Company Sites, and to close your Account. Company may suspend, alter, or terminate, with immediate effect and without notice, the operation of Company, the Company Sites, or your Account. You agree that Company shall not be liable to you or any third party for any modification or amendment of these TOS and any changes in Company, the Company Sites, or your Account.
Company may assign Company’s rights and responsibilities under these TOS, including information Company collects about you, to certain entities including without limitation any successor in interest of Company, or any other entity with whom Company merges or is acquired by, or to any entity that purchases substantially all of Company’s assets. You may not assign any rights and/or licenses granted under these TOS. Any attempted transfer or assignment in violation of this clause shall be null and void. Subject to the foregoing, these TOS shall inure to the benefit of you and Company, including each of their respective successors and permitted assigns.
Section headings in these TOS are for convenience only, and shall not govern the meaning or interpretation of any provision of these TOS.
RELATIONSHIP BETWEEN THE PARTIES
The relationship between you and Company is that of independent contractors, and nothing in these TOS shall be deemed to create between you and Company any other form of relationship. You and Company shall not be deemed to be partners, joint ventures, or agents. You are not authorized to make any representations or obligations on behalf of Company.
In the event that you violate these TOS, Company may but is not required to immediately terminate your access to Company, the Company Sites, your Account, and any pending transactions associated with your Account. You shall be responsible for any losses incurred by Company as a result of such violation of these TOS and/or the termination of your access to Company, the Company Sites, and/or your Account.
No waiver of any default hereunder by Company or any failure to enforce Company’s rights hereunder shall be deemed to constitute a waiver of any subsequent default with respect to the same or any other provision hereof.
Whenever possible, each term and provision of these TOS shall be interpreted in such manner as to be valid and effective under applicable laws, but, if any term or provision of these TOS is held by a court of competent jurisdiction to be invalid or unenforceable, such term or provision shall be invalid and ineffective only to the extent of such invalidity or unenforceability, without invalidating or making unenforceable the remainder of these TOS. In the event of such invalidity or unenforceability, you and Company shall use reasonable efforts to seek and agree on an alternative valid and enforceable provision that preserves the original purpose and intent of these TOS.
These TOS shall extend beyond the expiration or termination of these TOS insofar as they contain clauses pertaining to suspension, termination, closure of your Account, debts owed by you to Company, access to and use of the Company Sites, and disputes between you and Company.
GOVERNING LAW, EXCLUSIVE JURISDICTION, AND ATTORNEYS’ FEES AND COSTS
The construction, validity and performance of these TOS shall be governed in all respects by the laws of the State of Arizona, without giving effect to any conflict-of-laws or other rule that would result in the application of the laws of a different jurisdiction. Any and all claims, controversies, and causes of action arising out of or relating to these TOS, whether sounding in contract, tort, or statute, shall be governed by the laws of the State of Arizona, including its statutes of limitations. The United Nations Convention on the International Sale of Goods shall not apply. You and Company hereby irrevocably stipulate to exclusive jurisdiction, venue, and forum in the state and federal courts located in Maricopa County, Arizona, for any dispute arising out of these TOS, and to the greatest extent possible waive any defense of forum non-conveniens. In the event that any claim, suit, action, or proceeding is instituted or commenced by either party against the other party arising out of, or related to, these TOS, the prevailing party shall recover its attorneys’ fees and costs from the non-prevailing party at both the trial and appellate levels. You and Company irrevocably and unconditionally waive any right either party may have to a trial by jury in respect of any claim, suit, action, or proceeding arising out of or relating to these TOS or the transactions contemplated hereby.