Terms of service
Terms of Service – Niagara Golf Warehouse
Overview
This website is operated by NGW Niagara Golf Warehouse. Throughout the site, the terms “we,” “us,” and “our” refer to NGW Niagara Golf Warehouse. By accessing our website or purchasing from us, you agree to be bound by these Terms of Service, along with our Shipping Policy, Return & Refund Policy, Privacy Policy, and any other policies posted on our website.
Our store is hosted on Shopify Inc., which provides the e-commerce platform that allows us to sell our products and services.
By using this website, you agree that you are at least the age of majority in your province, state, or country of residence, or that you have permission from a parent or legal guardian.
1. Online Store Terms
You may not use our website, products, or services for any illegal, fraudulent, or unauthorized purpose. You agree not to transmit viruses, malware, or any harmful code.
We reserve the right to refuse service, cancel orders, restrict access, or terminate accounts where we believe misuse, fraud, policy abuse, or unlawful activity has occurred.
2. General Conditions
We reserve the right to refuse service or cancel any order at our discretion.
This includes, but is not limited to, orders that appear to be:
- Fraudulent
- High risk
- Placed using inaccurate billing or shipping information
- Placed by resellers, dealers, or unauthorized distributors
- Abusing promotions, discounts, or return policies
You agree not to copy, reproduce, resell, exploit, scrape, or misuse any part of our website, products, content, or services without written permission.
3. Accuracy of Information
We make every effort to ensure information on our website is accurate, but we do not guarantee that all product descriptions, pricing, images, inventory levels, shipping timelines, or availability are complete, current, or error-free.
Product information may change due to manufacturer updates, inventory availability, or component substitutions.
4. Pricing, Promotions & Availability
Prices, promotions, and product availability are subject to change without notice.
We reserve the right to correct pricing errors, product errors, inventory errors, discount errors, or shipping errors at any time, including after an order has been placed.
If an order contains an error, we may cancel the order and issue a refund.
Promotional codes, discounts, and offers may be limited to certain products and may exclude:
- Demo items
- Used items
- Floor displays
- Limited edition products
- Custom orders
- Special orders
- Sale items
- Annual Grip Sale items
Promotion eligibility is determined at Niagara Golf Warehouse’s discretion.
5. Products & Services
Some products may be available exclusively online and may have limited quantities.
We make every effort to display product colours, images, and details accurately. However, we cannot guarantee that your device display will accurately show product colours or finishes.
Products shipped directly from manufacturers may differ slightly from product images due to manufacturer updates, component availability, substitutions, or running changes.
All products are subject to availability.
6. Custom Orders, Special Orders & Built Products
Custom orders, special orders, custom-built clubs, personalized products, altered products, shaft upgrades, club builds, and items ordered specifically for a customer are considered final sale, unless defective or otherwise required by law.
Custom and special-order timelines are estimates only and may be affected by manufacturer delays, backorders, or component availability.
Once a custom or special order has been submitted to the manufacturer or entered into production, it may not be eligible for cancellation, return, refund, or exchange.
7. Billing & Account Information
You agree to provide current, complete, and accurate billing, shipping, contact, and account information for all purchases.
If we are unable to verify your information, or if an order is flagged as high risk, we may contact you for additional verification or cancel the order.
You are responsible for ensuring that your shipping address is accurate before placing your order.
Niagara Golf Warehouse is not responsible for orders shipped to an incorrect address provided by the customer.
8. Fraud Prevention & Order Verification
To protect our customers and business, we reserve the right to hold, cancel, or request additional verification for any order that appears suspicious or high risk.
This may include requests for:
- Identification
- Billing verification
- Address verification
- Payment verification
- Confirmation from the cardholder
Failure to provide requested verification may result in order cancellation.
Orders over a certain value may require signature confirmation upon delivery.
9. Shipping
Shipping is governed by our separate Shipping Policy, which forms part of these Terms of Service.
Shipping timelines shown at checkout are estimates only and are not guaranteed.
Orders may ship from:
- Niagara Golf Warehouse
- A manufacturer
- A supplier
- Another authorized fulfillment location
Orders containing multiple items may ship separately.
Once an order is confirmed delivered by the carrier to the address provided at checkout, the order is considered fulfilled. Niagara Golf Warehouse is not responsible for packages that are lost, stolen, or missing after confirmed delivery.
Customers are encouraged to ship to a secure location where someone is available to receive the package.
10. Returns, Refunds & Exchanges
Returns, refunds, and exchanges are governed by our separate Return & Refund Policy, which forms part of these Terms of Service.
Returned items must meet all eligibility requirements outlined in our Return & Refund Policy.
Shipping charges are non-refundable unless otherwise stated or required by law.
Niagara Golf Warehouse reserves the right to refuse returns that do not meet policy requirements.
11. Chargebacks & Payment Disputes
If you believe there is an issue with your order, you agree to contact Niagara Golf Warehouse first so we can attempt to resolve the issue.
Filing a chargeback or payment dispute does not cancel your responsibility to follow our return, refund, and shipping policies.
Where an order has been fulfilled, delivered, used, customized, or otherwise completed in accordance with our policies, Niagara Golf Warehouse reserves the right to provide documentation to the payment processor, credit card issuer, or financial institution to dispute the claim.
This may include:
- Order confirmation
- Tracking information
- Delivery confirmation
- Customer communication
- Billing and shipping details
- Fraud analysis
- Return policy records
12. Third-Party Tools & Links
Our website may include links or tools provided by third parties, including payment processors, shipping carriers, financing providers, review platforms, marketing tools, or other service providers.
We are not responsible for third-party websites, services, policies, errors, delays, or damages.
Your use of third-party tools is at your own risk and may be subject to their own terms and policies.
13. User Comments, Reviews & Submissions
If you submit reviews, comments, photos, feedback, contest entries, or other content to Niagara Golf Warehouse, you grant us permission to use, edit, publish, display, and share that content for business, marketing, or promotional purposes.
You agree that your submissions will not be unlawful, abusive, misleading, defamatory, obscene, or infringe on the rights of others.
We reserve the right to remove or edit content at our discretion.
14. Personal Information
Your submission of personal information through our store is governed by our Privacy Policy.
By using our website, you consent to the collection and use of information as described in our Privacy Policy.
15. Errors, Inaccuracies & Omissions
Occasionally, our website may contain errors related to:
- Pricing
- Product descriptions
- Promotions
- Shipping rates
- Transit times
- Inventory availability
- Images
- Product specifications
We reserve the right to correct any errors and to update, modify, or cancel orders affected by those errors, including after an order has been submitted.
16. Prohibited Uses
You are prohibited from using our website or services:
- For unlawful purposes
- To commit fraud
- To submit false or misleading information
- To violate laws or regulations
- To infringe on intellectual property rights
- To transmit viruses or malicious code
- To scrape, crawl, spam, phish, or interfere with website security
- To abuse promotions, returns, refunds, or chargeback processes
We reserve the right to restrict or terminate access for prohibited use.
17. Disclaimer of Warranties & Limitation of Liability
Our website and services are provided “as is” and “as available.”
We do not guarantee that our website will be uninterrupted, secure, error-free, or always available.
To the maximum extent permitted by law, Niagara Golf Warehouse shall not be liable for indirect, incidental, special, punitive, or consequential damages, including loss of profits, revenue, data, or business opportunity.
Nothing in these Terms limits any rights you may have under applicable consumer protection laws.
18. Indemnification
You agree to indemnify and hold harmless NGW Niagara Golf Warehouse, its owners, employees, affiliates, suppliers, service providers, and partners from any claim, demand, loss, or expense arising from your breach of these Terms, your misuse of our website, your violation of law, or your violation of any third-party rights.
19. Severability
If any part of these Terms is found to be unlawful, void, or unenforceable, the remaining provisions will remain valid and enforceable.
20. Termination
These Terms remain in effect unless terminated by either you or us.
We may terminate or restrict your access to our website or services at any time if we believe you have violated these Terms or engaged in fraudulent, abusive, or unlawful activity.
21. Entire Agreement
These Terms of Service, along with our posted policies, represent the full agreement between you and Niagara Golf Warehouse regarding your use of our website and services.
Failure by Niagara Golf Warehouse to enforce any provision of these Terms does not waive our right to enforce it later.
22. Governing Law
These Terms of Service and any separate agreements with Niagara Golf Warehouse shall be governed by and interpreted in accordance with the laws of the Province of Ontario and the applicable laws of Canada.
Business address:
Niagara Golf Warehouse
10 Dunlop Drive, Unit F
St. Catharines, Ontario
L2R 1A2
Canada
23. Messaging Terms
By providing your phone number or opting into SMS/text messaging, you agree to receive messages from Niagara Golf Warehouse, where applicable.
Message frequency may vary. Message and data rates may apply. You may opt out at any time by following the instructions in the message.
Additional messaging terms may apply through our messaging service provider.
24. Trade-In Program Terms
All trade-in submissions are subject to review and approval by Niagara Golf Warehouse.
Estimated trade-in values are issued as store credit and may be applied toward a purchase with Niagara Golf Warehouse.
Trade-in store credit expires seven (7) days from the date of issuance if not redeemed.
Return shipping costs may be deducted from the store credit amount issued.
Trade-in credits are issued as store credit only. Cash refunds or refunds to the original form of payment are not available for trade-in transactions.
All trade-in equipment is subject to inspection upon receipt.
If the condition of the equipment matches the submitted description, the transaction will proceed as planned.
If the condition differs from the submitted description, Niagara Golf Warehouse may adjust the trade-in value. The customer will be notified and must approve the revised value before the new order ships.
Once a new order has shipped using trade-in credit, ownership of the traded-in equipment transfers to Niagara Golf Warehouse, and the trade-in items are no longer eligible to be returned to the customer.
Submission of a trade-in request and use of trade-in credit constitutes acceptance of these terms.
25. Changes to Terms of Service
We reserve the right to update, change, or replace any part of these Terms of Service at any time by posting updates to our website.
Your continued use of our website after changes are posted means you accept those changes.
26. Contact Information
Questions about these Terms of Service should be sent to:
support@ngwgolf.com