Terms and Conditions

Website Contest Terms and Conditions:

 

Last Updated: February 11, 2024 

 

Previous Version: June 2, 2022* 

 

Please read these terms and conditions carefully before using eastsidegolf.com. Your use of this website confirms your unconditional acceptance of the following terms and conditions. 

 

Product, Content & Specifications 

 

All features, products, content, specifications, and prices depicted on this website are subject to change without prior notice. Any weights, measures, or similar descriptions provided are approximate and for convenience purposes only. While we strive to display our products' attributes, including colors accurately, the actual color may vary depending on your computer system. The presence of any products or services on this website at a specific time does not guarantee their availability in the future. You are responsible for ensuring compliance with all applicable local, state, federal, and international laws, including any minimum age requirements, concerning the possession, use, and sale of items purchased from this website. By placing an order, you affirm that the products ordered will be used lawfully.

 

Shipping Limitations

 

Upon placing an order, it will be shipped to the address provided by the purchaser, provided that the shipping address complies with the shipping restrictions outlined on this website. All purchases made through this website are subject to a shipment contract. Consequently, the risk of loss and title for items purchased from this website transfers to you upon delivery of the items to the carrier. You are responsible for initiating any claims with carriers for damaged and/or lost shipments. 

 

For domestic shipments, please allow 1 - 3 days for fulfillment, processing, and verification. Once an order has been verified and processed, the order will ship through the desired shipping method for delivery.

 

To ensure our customers' security, Eastside Golf cannot modify or intercept shipping addresses once an order has been placed. We only ship to the address provided at checkout, which must match the billing address. However, you can schedule a FedEx pickup or reschedule delivery through FedEx or USPS.

 

Please note that all online orders must have matching billing and shipping addresses. Orders with different billing and shipping addresses will not be processed to prevent fraudulent transactions.

 

PLEASE NOTE EASTSIDE GOLF IS NOT LIABLE FOR ANY PACKAGES THAT ARE DELIVERED TO THE INCORRECT ADDRESS BY THE CARRIER.

 

We are unable to combine shipping on multiple orders.

 

Lost or Stolen Package 

 

Eastside Golf is not responsible for any lost or stolen packages. If your package does not arrive, please contact the carrier and customerservice@eastsidegolf.com to initiate a FedEx Claim. 

 

Return & Exchange Policy 

 

Eastside Golf will accept a return or exchange for store credit within 30 days of purchase. All merchandise returned must have original tags attached, be unused and in sellable condition, and be accompanied by proof of purchase. 

 

Certain products are non-returnable, including “Final Sale Items.” Final Sale Items include sales items, footwear, socks, gloves, and collaborative footwear releases. In addition, if we reasonably determine that a purchased product eligible for return was ordered through the use of a robot or other automatic device or software, we reserve the right, at our sole discretion, to refuse the return and decline a refund.

 

For returns go to our Returns & Exchanges Page. Please enter the original order number and the shipping address's zip code and follow the instructions on our Return Portal to receive your electronic shipping label. All shipped labels have a processing fee of $8.00. The packaging must be intact, and the product must be unused with all tags attached. Footwear returned must be returned with the original packaging. PLEASE NOTE THAT RETURNS AND EXCHANGES WITHOUT PROPER DOCUMENTATION, PACKAGING, AND/OR MATERIALS CANNOT BE ACCOMMODATED

 

Defective Eastside Golf products can be returned for a replacement, subject to product availability. Please note that we do not accept returns for worn products. Upon return, customers will receive an online gift card for the item's original purchase price. Original shipping costs will not be reimbursed. 

 

Gifted items will not be accepted for exchange or return at this time.

 

Accuracy of Information

 

While we strive to maintain the completeness, accuracy, and currency of the information on this website, we acknowledge that there may be occasional inaccuracies, incompleteness, or outdated information. We do not guarantee the completeness, accuracy, or currency of any information on this website. For instance, products featured on the website may become unavailable, possess different attributes than those listed, or have prices that differ from those stated. Additionally, we reserve the right to change pricing and availability information without prior notice. Any pricing errors identified on the website will be promptly corrected upon discovery.

 

Given the extensive range of products and services featured on the website, some items may be incorrectly priced despite our best efforts. We verify prices as part of our shipping procedures. If the correct price is lower than the stated price, we will charge the lower amount when shipping the products to you. If the correct price is higher than the stated price, we may, at our discretion, contact you for instructions before shipping the product or reject your order and notify you accordingly. We will not fulfill orders at an incorrect (lower) price if the pricing error is obvious and could reasonably have been recognized by you as a mistake, even after sending an Order Confirmation or a Shipping Confirmation.

 

Placing an Order: Acceptance 

 

Please refer to the instructions provided on the website to place your orders. By placing an order, you are making an offer to purchase the products and services from us. Upon receiving your order, we will send you an email to acknowledge its receipt ("Order Confirmation"). While it is our standard practice to confirm orders via email, please note that the receipt of an email Order Confirmation does not constitute acceptance of your order or confirmation of an offer to sell a product or service.

 

All orders are subject to our acceptance, and we will confirm such acceptance by sending you an email confirming the shipment of your order ("Shipping Confirmation"). A contract with us will only be formed upon your receipt of the Shipping Confirmation. This contract will pertain solely to the products and services confirmed for shipment in the Shipping Confirmation. We are not obligated to supply any other products or services that may have been part of your order, whether mentioned in the same or a separate Order Confirmation.

 

We reserve the right to cancel your order at any time before acceptance. We may rescind our acceptance and cancel your order in the event of an obvious pricing error or if the products or services are no longer available in our inventory. Additionally, we reserve the right to limit the quantity of any product or service ordered and/or refuse service to any customer without prior notice. We may also require verification of information before accepting and/or shipping any order.

 

Use of this Website

 

The design of this website and all text, graphics, information, content, and downloadable materials displayed on or accessible from this website are the property of Eastside Golf or used with permission, protected by copyright, trademark, and other applicable laws. These materials may not be used except as permitted in these Terms and Conditions or with prior written permission from the owner. You are prohibited from modifying, reproducing, publicly displaying, performing, distributing, or using any such materials for public or commercial purposes without authorization. Unauthorized use may violate copyright, trademark, privacy, publicity, and other laws and regulations.

 

It is your responsibility to maintain the confidentiality of your account information and password and to limit access to your account and computer. You agree to assume responsibility for all activities conducted under your account or password.

 

Trademarks and Copyrights

 

Certain trademarks, trade names, service marks, and logos featured on this website are registered and unregistered trademarks, trade names, and service marks of Eastside Golf and its affiliates. Additionally, other trademarks, trade names, and service marks displayed on this website belong to their respective owners, whether registered or unregistered. No content on this website should be interpreted as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks, or logos without the prior written consent of Eastside Golf or the respective third-party owner.

 

This website contains copyrighted material, including but not limited to text, software, photos, audio and video clips, graphics, illustrations, images, logos, music, and sound. Protected as a collective work under U.S. copyright laws, international conventions, and other applicable copyright laws, this website and its content are the intellectual property of Eastside Golf and third-party content providers, who possess or have the right to use copyrights in their original content.

 

Linking to this Website 

 

Without our prior written consent, you are prohibited from creating or maintaining any link from another website to any page on this website. Similarly, running or displaying this website or any of its materials within frames or through similar means on another website without our prior written permission is prohibited. Any links permitted to this website must adhere to all applicable laws, rules, and regulations.

 

Third-Party Links 

 

This website may occasionally feature links to websites that are not owned, operated, or controlled by us or our affiliates. These links are provided solely for your convenience. Should you choose to use these links, you will be redirected away from this website. Neither we nor any of our affiliates assume responsibility for any content, materials, or other information found on or accessible from any other website. Furthermore, we do not endorse, guarantee, or provide any representations or warranties concerning any other website, its content, materials, or information, or the outcomes resulting from using such websites. If you opt to visit any other website linked to or from this website, you do so entirely at your own risk.

 

Sweepstakes & Contest

 

Periodically, we may host and/or co-sponsor contests, sweepstakes, and games on the website. Each of these activities will be subject to specific rules, which can be accessed from the respective pages of the website where the promotion is offered.

 

Submissions: Site Conduct 

 

Periodically, you may have the opportunity to post, transmit, or otherwise share information, opinions, ideas, images, or other content on the website.

 

By posting, transmitting, or sending any material or content to us, you agree to grant us an irrevocable, royalty-free, perpetual, sublicensable, assignable, non-exclusive right and license worldwide to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, digitally perform, publicly perform, and display the material or content. This includes incorporating the material or content into other works in any form, media, or technology known now or developed later, for any purpose, commercial or otherwise, without compensation to you or your prior approval.

 

By submitting content or material to the website, you also represent and warrant that the content and material are original to you, that no other party has any rights to them, that they are not subject to any obligation of confidentiality or attribution, and that any "moral rights" associated with them have been waived.

 

You may not post, transmit, or send to us any material or content that violates the rights of others, is unlawful, threatening, abusive, harassing, defamatory, libelous, derogatory, obscene, bigoted, hateful, or contains viruses or other harmful components. You may not engage in any activity on the website that restricts or inhibits any other user from using or enjoying it.

 

We reserve the right to edit, refuse to post, or remove any material submitted to or posted on the website that violates these terms or is otherwise objectionable or inappropriate in our sole discretion.

 

You are solely responsible and liable for any damages resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from your content posted on the website.

 

Copyright Policy 

 

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If you believe that your intellectual property rights are being infringed by any content or materials posted on or transmitted through the website or any products advertised on the website ("Website Content"), please contact us promptly so that we may investigate the matter and, if necessary, block or remove the offending content and/or advertisements. We adhere to the Digital Millennium Copyright Act ("DMCA") by disabling access to infringing materials and terminating access of repeat infringers to the website.

 

Copyright Notice: Copyright owners or their agents who believe that any Website Content infringes upon their copyrights may submit a notification pursuant to the DMCA. The notification must be provided to our Copyright Agent in writing and include the following information:

 

- A physical or electronic signature of a person authorized to act on behalf of the copyright owner.
- Identification of the copyrighted work claimed to have been infringed or a representative list of such works.
- Identification of the infringing material and information reasonably sufficient to locate it.
- Contact information of the notifier, such as address, telephone number, and email.
- A statement that the notifier has a good faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate and, under penalty of perjury, that the notifier is authorized to act on behalf of the copyright owner.

 

Please send such notices to our designated agent:

 

Eastside Golf

Attn: Copyright Agent

662 E Dyer Rd

Santa Ana, CA 92705

Email: customerservice@eastsidegolf.com

 

Under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be liable.

 

Counter-Notification: If you wish to send us a counter notice, it must be a written communication provided to our designated agent and include the following:

 

- A physical or electronic signature of the subscriber.
- Identification of the removed material and its previous location.
- A statement under penalty of perjury that the subscriber believes the material was removed or disabled as a result of a mistake or misidentification.
- The subscriber's contact information and consent to the jurisdiction of the Federal District Court.

     

    Please consult legal counsel or 17 U.S.C. Section 512(g)(3) to ensure compliance with these requirements.

     

    Gift Certificates

     

    Gift certificates can only be redeemed for purchases made on the website and cannot be exchanged for cash. Any remaining balance after purchase will be credited to the recipient's gift certificate account and cannot be transferred. If the total amount of your order exceeds the value of the gift certificate, you must cover the remaining balance with a credit card. We are not liable for lost or stolen gift certificates.

     

    We do not provide any express or implied warranties regarding gift certificates, including but not limited to merchantability or fitness for a particular purpose. If a gift certificate code is found to be non-functional, your sole remedy and our sole liability will be the replacement of the gift certificate. Some state laws may not permit limitations on implied warranties or the exclusion or limitation of certain damages. If such laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not be applicable, and you may have additional rights.

     

     

    User Information

     

    Except for personally identifiable information, which is governed by this website's Privacy Policy, any material, information, suggestions, ideas, concepts, know-how, techniques, questions, comments, or other communication you transmit or post to this website ("User Communications") is considered non-confidential and non-proprietary. We, along with our affiliates and/or our designees, reserve the right to use any or all User Communications for any purpose, including reproduction, transmission, disclosure, publication, broadcast, development, manufacturing, and/or marketing for commercial or non-commercial purposes. While we may monitor or review User Communications, we are not obligated to do so, and we have no obligation to use, return, review, or respond to any User Communications. We accept no liability related to the content of any User Communications, whether arising under copyright, libel, privacy, obscenity laws, or otherwise. We also reserve the right to remove any User Communications containing material we deem inappropriate or unacceptable.

     

    Disclaimers

     

    Your use of this website is at your own risk. The materials and services provided on or through this website are provided "as is" without any warranties of any kind, including warranties of merchantability, fitness for a particular purpose, or non-infringement of intellectual property. We and our affiliates do not warrant the accuracy or completeness of the materials or services on or through this website. These materials and services may be outdated, and we and our affiliates make no commitment or duty to update them. The exclusion of implied warranties may not apply to you to the extent prohibited by law. Please refer to your local laws for any such prohibitions.

     

    All products and services purchased on or through this website are subject only to any applicable warranties of their respective manufacturers, distributors, and suppliers, if any. To the fullest extent permissible by applicable law, we hereby disclaim all warranties of any kind, either express or implied, including any implied warranties with respect to the products and services listed or purchased on or through this website. Without limiting the preceding, we expressly disclaim all liability for product defects or failures, claims arising from normal wear, product misuse, abuse, modification, improper selection, non-compliance with codes, or misappropriation. We make no warranties to consumers as defined in the Magnuson-Moss Warranty-Federal Trade Commission Improvement Act. The exclusion of implied warranties may not apply to you to the extent prohibited by law. Please refer to your local laws for any such prohibitions.

      

    Limitation & Liability 

     

    We assume no responsibility and shall not be liable for any damages to your computer, telecommunication equipment, or other property, including viruses, arising from your access to, use of, or browsing this website or from downloading any materials from this website.

     

    In no event will we, our officers, directors, employees, shareholders, affiliates, parent corporations, agents, successors, assigns, retail partners, or any party involved in the creation, production, or transmission of this website be liable for any indirect, special, punitive, incidental, or consequential damages, including lost profits, lost data, or business interruption, arising out of the use, inability to use, or results of use of this website or any websites linked to it, or the materials, information, or services contained at any or all such websites, whether based on warranty, contract, tort, or any other legal theory, even if advised of the possibility of such damages. The limitations of liability may not apply to you to the extent prohibited by law. Please refer to your local laws for any such prohibitions.

     

    If you encounter any problem with this website or its content, your sole remedy is to cease using it. Similarly, suppose you experience any issue with products or services purchased on or through this website. In that case, your sole remedy, if any, is to seek a resolution from the manufacturer or supplier in accordance with their warranty or to pursue a return and refund according to the posted returns and refund policies on this website.

     

    Revisions of these Terms & Conditions 

     

    We reserve the right to revise these Terms and Conditions at any time by updating this posting. You should periodically visit this page to review the current Terms and Conditions, as they are binding on you. Certain provisions of these Terms and Conditions may be replaced by expressly designated legal notices or terms found on specific pages of this website.

     

    Miscellaneous

     

    To the fullest extent permitted by law, these Terms and Conditions and any claim or dispute arising from or related to them, including the website, will be governed by and construed in accordance with the laws of the State of New York, without regard to its principles of conflicts of law. Any claim or dispute must be brought within one (1) year from the date the cause of action arises, except as otherwise prohibited by law. Any claim or dispute shall be subject to the exclusive jurisdiction of the state and/or federal courts located in New York County, New York, and you hereby consent to the personal jurisdiction of such courts.

     

    You may not use or export the materials on the website violating any applicable laws or regulations, including United States export laws and regulations if any provision of these Terms and Conditions is deemed unlawful, void, or unenforceable. In that case, the offending provision will be deemed severable and will not affect the validity and enforceability of the remaining provisions.

     

    These Terms and Conditions and the Privacy Policy constitute the entire agreement between you and Eastside Golf regarding your website use, superseding any other agreements on the subject matter. Section headings are for convenience only and have no legal effect.

     

    If any provision of these Terms and Conditions is found to be unenforceable, the other provisions shall remain in full force and effect. A printed version of these Terms and Conditions will be admissible in judicial and administrative proceedings to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

     

    Discount offers are valid at our discretion and cannot be combined or applied to previous purchases. Eastside Golf reserves the right to modify or terminate offers at any time without notice.

     

    Termination

     

    You or we may suspend or terminate your account or use of this website at any time, for any reason or no reason. You are personally liable for any orders you place or charges you incur before termination. We reserve the right to change, suspend, or discontinue all or any aspect of this website at any time without notice.

     

    For additional assistance or if you have any questions or comments regarding these Terms and Conditions, please email us at customerservice@eastsidegolf.com.

     

    Raffle Shoe Terms:

     

    - All entrants must be over 18 years of age.
    - Entry does not guarantee a win; we reserve the right to refuse any entrant.
    - We may cancel any competition at anytime for any reason, which will be communicated.
    - Once entered, raffle entries cannot be modified, and re-entry for the same product is not allowed.
    - Winners will be notified via email and must make payment within 24 hours.
    - Raffle shoes are excluded from all promotions.
    - All sales are final, and no refunds or exchanges will be issued. These terms and conditions apply even when raffle shoes are sold on the website.

       

      Other:

      No price matching or price adjustments are offered.