A. These terms and conditions (Terms) create a legal agreement between you and us and govern your use of the Fair Way app and platform: fair-way.golf (Platform). Please note that they may have changed since you last reviewed them. Please read these Terms carefully before you use the Platform, as they set out important information about your and our rights and obligations.
B. By using the Platform you are agreeing to these Terms. If there is anything that you do not understand, please notify us before using our Platform or by contacting us at: Support@fair-way.golf so that we can help. You agree these Terms if you click the button indicating your acceptance when you register for a Fair Way account (Account) or when we notify you of any updates to these Terms.
C. You must be 18 or over to accept these terms and download and/or use the Platform.
We are Fair Way Exchange Limited (Fair Way) a company registered in England and Wales under company number 16168099. Our registered office is at 22 Grange Road, Darlington, England, DL1 5NG. Our VAT number is: 489 9303 31. You can find everything you need to know about us on our website: https://fair-way.golf/
2.1 We operate and manage the Platform through which you can buy and sell golf clubs, golf clothing and associated golfing items relevant to the sport of golf (Items).
2.2 We don’t buy or sell any Items on our website and are not a party to any transactions; we act as an intermediary between Buyers and Sellers.
2.3 We apply buyer protection (Buyer Protection) for a fee in every transaction on our Platform. This ensures that Buyers can make payments safely on our Platform and get a refund, subject to these Terms, if their item is lost, damaged, significantly not as described. Our customer support is available at: Support@fair-way.golf and will assist you in these circumstances.
3.1 If you are purchasing an Item on our Platform (Buyer) the agreement for the purchase is made solely between you and the Seller.
3.2 If you are selling an Item on our Platform (Seller) the agreement for sale is made solely between you and the Buyer.
3.3 Sellers are responsible for making sure Items are fit for purpose, safe, match the description provided and are legally compliant. It is important that you point out any wear and tear or defects in the Item to the Buyer (if you are selling an Item).
3.4 You may only sell Items on the Platform which you have the legal right and title to sell.
3.5 You may not use the Platform to:
3.5.1 do anything illegal;
3.5.2 do anything for improper purposes;
3.5.3 do anything that is fraudulent, deceptive or malicious;
3.5.4 post any private or confidential information relating to you or another person;
3.5.5 transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the Platform;
3.5.6 damage, disable, overburden, impair or compromise our systems or security or interfere with other users;
3.5.7 infringe our intellectual property rights or those of any third party;
3.5.8 offer to sell an Item you do not possess;
3.5.9 threaten, spam, harass, abuse or behave inappropriately in any way towards or otherwise violate the interests of others;
3.5.10 coordinate pricing with other Sellers; or
3.5.11 create more than one Account on our Platform, unless we agree otherwise.
3.6 You agree that you will:
3.6.1 not rent, lease, sub-license, loan, provide, or otherwise make available, the Platform in any form, in whole or in part to any person without prior written consent from us;
3.6.2 not copy the Platform, except as part of the normal use of the Platform or where it is necessary for the purpose of back-up or operational security;
3.6.3 not translate, merge, adapt, vary, alter or modify, the whole or any part of the Platform nor permit the Platform or any part of it to be combined with, or become incorporated in, any other programs, except as necessary to use the Platform on devices as permitted in these Terms;
3.6.4 not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the Platform nor attempt to do any such things, except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are necessary to decompile the Platform to obtain the information necessary to create an independent program that can be operated with the Platform or with another program (Permitted Objective), and provided that the information obtained by you during such activities:
3.6.4.1 is not disclosed or communicated without our prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective;
3.6.4.2 is not used to create any software that is substantially similar in its expression to the Platform;
3.6.4.3 is kept secure; and
3.6.4.4 is used only for the Permitted Objective.
3.6.5 comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the Platform.
4.1 The Platform is licensed to you for your use only in accordance with these Terms. You may only use our Platform on devices and other computer systems that support, operate either Apple’s operating systems (IOS and Mac OS) and or Google’s operating system (Android) to download and access the Platform for listing and selling Items or purchasing Items as set out in these Terms.
4.2 If you want to learn more about the Platform or have any problems using it please contact us at: Support@fair-way.golf.
4.3 The ways in which you use the Platform may also be controlled by Apple’s software distribution platform’s rules and policies here: Apple Media Services Terms and Conditions and Google’s software distribution platform’s rules and policies here: Google Play Terms of Service and the relevant distribution platform’s terms and conditions will apply instead of these terms where there are differences between the two.
4.3.1 You agree to use all reasonable security practices to prevent unauthorised access or damage to our Platform. These practices include but are not limited to:
4.3.1.1 making sure that any devices you use to access our Platform have up to date anti-virus protection and not introducing any viruses into our Platform;
4.3.1.2 ensuring that your log-in details and passwords for our Platform are not shared between users and are changed regularly; and
4.3.1.3 telling us immediately if you think that log-in details or passwords are being or may be used in an unauthorised way or that the security of our Platform has been compromised in any other way.
How we use your data is set out in our privacy policy which can be found here https://fair-way.golf/privacy-policy/. Please read this to understand how we collect, use and share your information and how we use cookies as part of your use of the Platform.
6.1 You can apply to become a Seller on the Platform by downloading our app here https://fair-way.golf/download/ which will take you through the steps to set up a profile for the purposes of using the Platform;
6.2 You must create an Account on the Platform, which includes a profile about yourself, to be able to list an Item for sale. Once you have created a profile, you must comply with the responsibilities set out in clause 3, as well as the Seller-specific responsibilities set out in clause 6.3 below.
6.3 You must ensure, as a Seller on our Platform, that your profile and the listings for your products:
6.3.1 only feature high quality images and descriptions, which you have all the necessary and intellectual property and other rights to use in this way on the Platform;
6.3.2 are described in a true and accurate manner and you are responsible for all of your actions on the Platform;
6.3.3 are in the English language and be clear and comprehensible; and
6.3.4 are not fake, stolen or unauthorised.
6.4 During the application process:
6.4.1 You and we agree to only use and disclose the other’s confidential information as necessary for making and considering your application and to comply with the restrictions set out in clause 5.
6.4.2 Insofar as you have access to our Platform, you agree to comply with all relevant restrictions set out in clause 4.
7.1 After you have bought or sold an item on our Platform you can leave a review about the relevant Seller or Buyer or using our Platform (as appropriate). All reviews you publish about your experience must be fair, open and honest.
7.2 Please note that we do not compensate you in any form for leaving a review and we don’t review or verify reviews before they are published on our Platform. However, we will take all reasonable steps to investigate and remove any reviews from our Platform that are offensive, fake or dishonest.
8.1 When ordering or selling Items on the Platform, you agree to be legally bound by these Terms. Below we have set out how a legally binding contract between a Buyer and a Seller is made.
8.2 When a Buyer places an order for an Item from our Platform as per clause 10 below, we, acting as an agent for the Seller on the Seller’s behalf, will:
8.2.1 send the Buyer an order acknowledgement email in our standard format and a notification on the Platform to confirm their order has been received by the Seller;
8.2.2 promptly inform the Seller of the Buyer’s order by email in our standard format and via notification on the Platform; and
8.2.3 subject to clause 8.3, send the Buyer an order confirmation by email in our standard format and via a notification on the Platform, once the Seller has accepted their order.
8.3 If you are a Buyer, we may contact you to say that your order has not been accepted by a Seller. This is typically for the following reasons:
8.3.1 the Item is unavailable;
8.3.2 we are informed by the Seller that it cannot fulfil an order within 7 days;
8.3.3 we cannot authorise your payment; or
8.3.4 there has been a mistake on the pricing or description of the Item.
8.4 Your order is only accepted once we email you to confirm this as per clause 8.2 above. At this point:
8.4.1 a legally binding contract will be in place between the Buyer and the Seller;
8.4.2 we will take payment for the Buyer’s order in line with clause 9; and
8.4.3 the Seller will dispatch the goods to the Buyer.
8.5 If a Buyer’s order is not accepted then the Buyer will receive a notification through the Platform and also by email in our standard rejection email format.
9.1 We use Stripe to process payments on the Site. When you purchase a product through the Site, Stripe will process your payment and send the funds (less any applicable charges) to the Seller in accordance with their payout schedule and our agreement with Stripe.
9.1A When you (as a Seller) receive funds via Stripe for a completed transaction, you agree that a Stripe transaction fee will be deducted from your payout. This fee will be automatically retained from the funds payable to you and is non-refundable. You acknowledge that this deduction represents the cost of processing payments through Stripe and forms part of the terms governing transactions on the Site.
9.2 All prices shown on the Site are inclusive of VAT (where applicable) and any other applicable taxes. The price of a product does not include delivery charges, which will be shown separately before you place your order.
9.3 We and the Sellers may change prices at any time. Such changes will not affect orders that have already been accepted.
9.4 Payment for products must be made in full at the time of placing your order.
10.1 You buy an Item on the Platform by:
10.1.1 clicking the “buy now” button on the relevant listing for the Item;
10.1.2 selecting the payment method and delivery option; and
10.1.3 clicking the “pay” button on the checkout page of the Platform.
10.2 For every Transaction, where you are a Buyer, you will pay the following fees that will be held in a separate designated account:
10.2.1 item price;
10.2.2 the shipping fee;
10.2.3 the Buyer Protection fee, if applicable; and
10.2.4 the Authentication Service fee (described in clause 12).
10.3 Once you’ve purchased an Item and it has been dispatched by the Seller, we’ll receive updates from the carrier and will notify you when the Item should have been delivered (or if the Item appears to be lost).
11.1 Sellers are ultimately responsible for the Items sold to Buyers on our Platform. Whilst we can provide support in resolving issues between users, Buyers should engage directly with Sellers to resolve disputes.
11.2 The Buyer Protection provides you with a refund if an Item is lost, damaged or significantly not as described. Our customer support is available at: Support@fair-way.golf and will assist you in these circumstances. Your payment will be held in a separate designated account until the transaction has completed. The Buyer Protection is mandatorily applied to each transaction for a fee using the buying button on our Platform. It is an additional protection to all of your other legal rights or guarantees.
11.3 You can claim a refund if an Item is:
11.3.1 confirmed as lost or damaged during transit or shipping; or
11.3.2 significantly not as described, which means there’s a significant difference between the Item you received and its description or photo on the Platform, for example a different size, golf club, colour, or severe damage (such as stains, smells, holes, and severe damage to golf clubs which is not due to general wear and tear), or the Item was missing from a bundle (SNAD).
11.4 If there are any issues with the Item. You must report the issue to us by clicking the “I have an issue” button on the Platform or by contacting our customer support here: Support@fair-way.golf within 2 days from our notice that the Item has been delivered or it seems lost (the Refund Request Period). This will suspend the Transaction and all money for it will continue to be held in a separate designated account until the issue is resolved. If you don’t report an issue to us within the Refund Request Period, the transaction will automatically be marked as completed.
11.5 Handling a SNAD Item. We recommend discussing a SNAD Item with the Seller first in an attempt to resolve the matter. If you’re unable to resolve the issue, you can escalate the issue to us and we will investigate it for you. If you report an Item is SNAD to us within the Refund Request Period, we’ll notify the Seller about this. The Seller can either:
11.5.1 not require you to return the Item to them and grant your refund; or
11.5.2 require you to return the Item to them within 5 business days of them receiving notification from us about the Item. You’re responsible for return shipping costs unless agreed otherwise with the Seller, and we’ll notify the Seller once they should have received the Item or if it appears to have been lost in transit. From the time we notify the Seller, they’ll have 4 days to confirm they have the Item and everything is ok (at which point you’ll receive your refund) or report an issue, for example that the Item has been lost (in which case your money will still be kept in a separate designated account until the issue is resolved).
If the Seller doesn’t take one of the above actions within 14 days of you reporting the issue, or if you or the Seller reports an issue to us at any point during this process, Customer Support will make the final decision on whether an Item is SNAD.
11.6 Bundles of Items. If the Items were purchased as part of a bundle the Buyer must return only the SNAD Item(s) making up the bundle.
11.7 If an issue is escalated to us. We’ll review your case and may ask you and the Seller to provide us with information and evidence to inform the objective decision about whether your case is eligible for a refund. You and the Seller agree to respect our final decision.
11.8 Instances where you won’t receive a refund. You will not be able to receive a refund if you:
11.8.1 report an item as SNAD, but it is not;
11.8.2 previously confirmed that everything was fine with the Item when you received it;
11.8.3 didn’t report the issue to us within the Refund Request Period;
11.8.4 didn’t provide us with proof that the Item was damaged or SNAD within timelines communicated to you in accordance with these Terms;
11.8.5 used, washed or changed the Item in some way before you returned it; or
11.8.6 are under an investigation because you’re suspected of abusing or misusing the Buyer Protection by claiming the refund.
The refunds in this clause 11 and set out in the table below are subject to your legal rights as a consumer (where applicable). For more information on your legal rights please see clause 21 (Legal rights of Buyers).
| What you’re returning | Type of fee | Refund |
|---|---|---|
| SNAD Item (not part of a bundle) | Buyer Protection fee | Full refund |
| Item price | Full refund | |
| Prepaid shipping fee | Full refund | |
| Return shipping costs | Full refund | |
| SNAD item(s) that were part of a bundle (but you are not returning the whole bundle) | Buyer Protection fee | The Buyer Protection fee will be recalculated based on the Item(s) you’re keeping from the bundle, and you’ll get a refund for the difference between the Buyer Protection fee you initially paid and the recalculated fee. |
| Item price | Full refund | |
| Prepaid shipping fee | Full refund | |
| Return shipping costs | Full refund | |
| Single item (not part of a bundle) | Buyer Protection fee | No refund |
| Item price | No refund | |
| Prepaid Shipping fee | No refund | |
| Return shipping costs | No refund | |
| A whole bundle of Items | Buyer Protection fee | No refund |
| Item price | No refund | |
| Prepaid Shipping fee | No refund | |
| Return shipping costs | No refund | |
| Optional services – Authentication Service fee | No refund |
12.1 We offer Buyers an optional paid for authentication service for reviewing the authenticity of Items (Authentication Service).
12.2 As part of the Authentication Service, we take all reasonable steps possible to check and confirm the authenticity on an Item based on objective criteria that is available to us, for example our knowledge of the brand and the type of item in question.
12.3 We let the Buyer know how much the Authentication Service will cost prior to them purchasing it. If the Buyer purchases the Authentication Service, the Seller sends us the Item so we can review it for authenticity before it is delivered to the Buyer. If the Item passes our checks for authenticity, we will send it to the Buyer. If the Item does not pass our authenticity checks, we will send the Item back to the Seller (at the Seller’s expense) and the transaction between the Buyer and the Seller will be cancelled.
12.4 The Buyer and the Seller will be informed of the progress of the verification process for the Item(s) during the Authentication Service through notifications in our standard format on the Platform.
13.1 Subject to notifying us within the Refund Request Period, if a Buyer wants to return an Item to us, which they believe to be SNAD, it must be sent back to us to go through an additional authentication check process. During this time the transaction is suspended.
13.2 If the Item passes the additional authentication check process, we’ll send it back to the Buyer and the transaction will be completed. If the Item fails the check process, the transaction will be cancelled and we will return the Item to the Seller and provide the Buyer with a refund based on clause 11.9.
13.3 Sellers can’t opt-out of allowing a Buyer to purchase the Authentication Service for an Item.
13.4 When a claim concerning an Item is escalated to us, if there is a reason to doubt an Item’s authenticity, condition or any other attributes of the Item we might ask the Seller to provide additional information or evidence. We will ultimately decide whether we can verify the Item.
13.5 If the Item fails the authentication process either i) because there is reason to doubt the Item’s authenticity; or ii) because it is not as described on the listing on our Platform, the transaction will be cancelled. If the Item fails the authentication process it can no longer be listed on our Platform.
13.6 If the Item gets lost or damaged while we’re examining it, we’ll refund the Buyer and compensate the Seller for the full listing price of the Item.
14.1 You can sell any Item for which you own the legal title to or for which you have the right to transfer legal ownership of.
14.2 To advertise an Item for sale on the Platform, you need to take a photo of the Item and upload it onto the Platform along with a description of the Item that accurately reflects its quality and appearance (including any defects, wear and tear, or alterations made to it).
14.3 The Buyer can make a counteroffer for the Item (for example the Buyer can offer 10% of the list price). If a Buyer proposes a new price for an Item as a counteroffer, the Item is not considered sold if you accept the Buyer’s counteroffer. Instead, it is only sold after the Buyer purchases the Item by clicking the “buy now” button and their payment has been processed and accepted.
14.4 The Seller can withdraw a listing for an Item at any time prior to the Buyer purchasing the Item.
14.5 Once the Buyer has purchased the Item, the Seller will take the Item to one of our fulfilment partners (which we will notify the Seller of once the Buyer’s payment has been processed and accepted) (Fulfilment Partner). The Fulfilment Partner will package the Items on our behalf and we will organise for a courier to collect the Item from the Fulfilment Partner and deliver it to the Buyer.
14.6 Where the Seller is a business or a trader (Pro-Seller), in addition to using one of our Fulfilment Partners, the Pro-Seller can arrange for our courier to collect the Item from their place of business that is displayed on the Platform.
15.1 Our third-party courier will perform the delivery of Items on our Platform. We aren’t a courier and/or a postal service provider and don’t physically handle, sort, deliver or otherwise deal with any Item purchased on the Platform during the process of delivering the Item. Our courier’s terms and conditions are here: https://www.dpd.co.uk/standard_terms_and_conditions.jsp or contact our customer service team at: Support@fair-way.golf.
15.2 As far as the law allows, we have no liability to you if the courier provides you with inaccurate, incomplete or outdated tracking information for an Item. You must take this issue up with them.
16.1 If you don’t want to use our Platform any more, you can close your Account with us at any time by notifying us that you wish to do so.
16.2 We may close your Account with us without cause by giving you not less than 30 days’ notice.
17.1 We can change these Terms at any time to:
17.1.1 reflect changes in relevant laws and regulatory requirements; or
17.1.2 make minor technical adjustments and improvements, for example to address a security threat.
17.2 If we make any material changes to these Terms, we’ll provide you with reasonable advance notice. If you don’t agree to the updated terms, you should stop using the Platform and close your Account.
17.3 You understand that our Platform may not always be available or uninterrupted and there may be occasions where maintenance or emergency repairs are required which means the Platform is not available to users. We will do our best to notify you of any interruptions to the Platform which we know about but you accept there may be times we cannot do so.
18.1 When using our Site and Services, you are responsible for:
18.1.1 the content you publish on the Platform and any actions on the Platform that happen under your Account;
18.1.2 all Items listed, sold and transferred by you to Buyers (including any statements you make about Items);
18.1.3 published reviews; and
18.1.4 any disputes that result from your actions.
19.1 Because we act as an intermediary between Buyers and Sellers and we aren’t a party to any transactions for Items, we do not take steps to run general monitoring of content of Items listed for sale on our Platform. As far as the law allows, we have no liability to you for any loss or damage you suffer that relates to a transaction for the purchase or sale of Item, except if expressly covered by the Buyer Protection, our commitments in these Terms (for example a refund under the Authentication Service, if applicable) or our legal obligations.
19.2 We are not responsible for any taxes payable by you, or any reporting obligations to tax authorities, relating the sale or purchase of Items on the Platform.
20.1 Whilst we will work in good faith to resolve any disputes that arise between Buyers and Sellers, we are under no obligation to do so.
20.2 If you have a dispute with us that cannot be resolved, these Terms are governed by English law. If you are a consumer then, wherever you live, you can bring claims against us in the English courts and if you live in Wales, Scotland or Northern Ireland, you can also bring claims against us in the courts of the country you live in. If you are a business you irrevocably agree to submit all disputes arising out of or in connection with these Terms to the exclusive jurisdiction of the English courts.
It is your sole responsibility as a Buyer to establish whether or not you are buying from a business or a trader, as set out below. It is not Fair Way’s responsibility to determine this for you so please ensure you have understood this before purchasing on our Platform. Please note where we have identified a Seller as a “Pro Seller”, this will be identified on our Platform by a mark.
| For transactions between private Buyers and Sellers (individuals) | For transactions between Buyers (consumers) and Sellers (businesses or traders) |
|---|---|
| Absence of the right of withdrawal (right to reject) For transactions between private individuals, the provisions of the applicable legal acts do not include any obligation for a private seller to offer a right of withdrawal. However, some private sellers may nonetheless decide to offer the option to return or exchange an item (for example, by mentioning this in the descriptive section of their listing or advertisement). | Right of withdrawal (right to reject) When you can’t change your mind The deadline for changing your mind |
You have rights if there is something wrong with your product Sellers (who are businesses or traders) are exclusively liable to Buyers for the sale of their items. As a mere intermediary, Fair Way is not a party to any of Pro Sellers’ sales with Buyers and cannot be held liable. |
22.1 All of the intellectual property you see on our Platform belongs to us, including its layout, software, trade marks and domain names.
22.2 We can transfer our rights and obligations under these Terms, so that a different organisation is responsible for them. We will tell you in writing if this happens and if you are a consumer and are unhappy with the transfer you can contact us at any time or notify us that you wish to end our relationship.
22.3 You can only transfer your rights and obligations under these Terms to someone else if we agree to this.
22.4 These Terms don’t create a partnership or agency relationship between you and us. Neither of us have any right to enter into an agreement on behalf of the other or legally bind the other in any way.
22.5 If a court or other authority decides that some of these Terms are unlawful, the rest will continue to apply.
22.6 Even if we delay in enforcing these Terms, we can still enforce them later. We might not immediately chase you for not doing something or for doing something you’re not allowed to, but that doesn’t mean we can’t do it later.
