Terms of service

 

FlightScope Sales Terms and Conditions

 

Last updated March 11, 2024

  1. Applicability
  2. 1.1 These Terms and Conditions of Sale (“T&C”) apply to the online sale of all Products (as defined hereafter) of FlightScope Golf LLC (“FlightScope”) to any customer (the “Customer“, or “You”), either individually or as a group; referred to as “Parties” or “Party” on the www.flightscope.com website (the “Site“).

    1.2 Products purchased from other authorized distributors and resellers and not from the Site may have different terms and conditions of sale. FlightScope shall not be bound by terms and conditions of sale of distributors or resellers. In case of doubt of conflict, these FlightScope Terms and Conditions of Sale shall take precedence.

    1.3 All Your orders imply unconditional acceptance of these Terms and Conditions of Sale and express renunciation of Your own terms and conditions of purchase. FlightScope offers this Site, including all information, tools and services available from the Site to the You conditioned upon Your acceptance of all terms, conditions, policies and notices stated here. By visiting the Site and/ or purchasing something from FlightScope, you agree to be bound by these terms and conditions (T&C), including any and all additional terms and conditions and policies referenced herein and/or available by hyperlink.

    These T&C apply to all users of the Site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. Please read these T&C carefully before accessing or using the Site. By accessing or using any part of the Site, you agree to be bound by these T&C. If you do not agree to and accept all the terms and conditions of this agreement, then you may not access, use any services, or purchase anything from the Site. If these T&C are considered an offer, acceptance is expressly limited to these T&C.

    By agreeing to the T&C, you represent that you are at least the legal age in your state or territory of residence to do so.

    1.4 Changes. You can view the most current version of the T&C at any time on this Site. FlightScope reserves the right to update, change or replace any part of these T&C by posting updates and/or changes to the Site. It is your responsibility to check this Site periodically for changes. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes. Changes will apply to new orders placed after the changes are published.

    1.5 If FlightScope does not exercise its rights at a given time, in relation to one of the clauses within the T&C, this shall not be interpreted as a waiver of its right to invoke these same clauses at a later date.

    1.6 The Products, prices, selections as well as the terms and conditions presented on the Site may vary for different countries and regions for legal and practical reasons.

    1.7 FlightScope reserves the right to refuse service on the Site to anyone for any reason at any time.


  3. Products
  4. 2.1 Under the terms and conditions that apply when placing the order, FlightScope offers You (its Customers):

    (a) An assortment of Golf Tracking Devices/Launch Monitors with embedded software (“the Equipment”);

    (b) FlightScope branded software applications for mobile devices (“Apps”) for use in association with the Equipment;

    (c) Accessories for use with the Equipment;

    (d) Subscriptions for FlightScope software/firmware add-ons;

    (e) Subscriptions for third-party software applications for use with the Equipment;

    (f) Subscriptions for services on the myFlightScope.com and/or FlightScope Cloud websites.

    All of the above (a) to (e) individually and collectively known as the “Product“ or “Products”.

    2.2 FlightScope will apply best efforts to ensure that the correct Product information is provided before You place an order. FlightScope shall not be responsible if information made available on the Site is not accurate, complete or current.


  5. Personal Information
  6. 3.1 Before placing an order for a Product on the Site, You must provide certain personal information including first and last name, email address, phone number, and billing and shipping addresses. This information is collected to process your order and to provide related sales and technical support to you.

    3.2 FlightScope treats personal data in accordance with the applicable personal data protection laws. FlightScope’s Privacy Policy can be found at this link https://flightscope.com/policies/privacy-policy. This policy defines what data is collected, how and why it is collected, how it is safeguarded, and how You can interact with FlightScope in relation to his personal data.


  7. Ordering
  8. 4.1 By placing an order, You agree to and are bound by these current T&C’s.

    4.2 To place an order on the Site, You must select the desired Product(s) and click "Add to Cart". You can make changes and add accessories (or “add-ons”) to the items in the virtual shopping cart.

    4.3 When You are satisfied with the selection in the cart, You can click “Start Checkout” and follow the order procedure by providing the required information for processing and delivering the order and selecting the desired shipping option.

    4.4 You will receive an order summary at the end of the procedure, and must accept the present T&C’s that apply to the order.

    4.5 You must confirm the order by accepting the T&C’s and clicking on the “Confirm Order” button. This confirmation constitutes a signature and express agreement of both the order and these current Terms and Conditions of Sale.

    4.6 We reserve the right to refuse any order you place with us.

    4.7 We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order.


  9. Proof of Order and Order Tracking
  10. 5.1 Electronic records stored in FlightScope's computer systems will be considered as evidence of communications with and orders from You. It is expressly agreed that the data stored in FlightScope’s computer systems has probative value with regards to Your orders.

    5.2 A copy of the records of communications and orders in FlightScope’s computer systems will be retained on reliable and durable back-up storage.

    5.3 Once an order has been confirmed, FlightScope sends You confirmation by email to the email address provided by You.

    5.4 When an order is shipped, an email notice including a shipment tracking number will be sent to the email address provided by You. You can track the shipment via the tracking number.


  11. Prices and Payment
  12. 6.1 Product prices ("Prices") as stated in the Product descriptions are indicated in the currency most appropriate to Your country or region. Prices include credit card transaction fees. In some states and countries, taxes (such as state tax or value added tax) may apply and are excluded from the price but added separately in the shopping cart. Prices do not include shipping charges which are added separately in the shopping cart.

    6.2 Payments are made and accepted in accordance with these T’s&C’s. Payment must be made in full before FlightScope will ship an order.

    6.3 FlightScope accepts the following payment methods:

    (a) By credit card, through a secure payment gateway

    (b) Through Paypal®

    (c) (USA only): Through Affirm®, an online purchase financing service

    6.4 You are responsible for sales tax, transaction fees and other costs associated with the order, unless a valid and correct tax exemption certificate is provided.

    6.5 In the absence of payment confirmation, the order shall be deemed canceled, payment not taken, and Product not supplied.

    6.6 The payment methods available do not give FlightScope access to the Your bank or credit card details. All payments are handled by secure credit card and other electronic payment institutions. Only payment success or failure is reported to FlightScope by these secure payment institutions.


  13. Availability
  14. 7.1 Products are for sale as they appear on the Site. When available, You can select "Add to Cart '' for instant fulfillment. During times of high demand or for other reasons beyond FlightScope's control, some Products may not be available for immediate fulfillment. These may be ordered to be fulfilled at a later date, referred to as “Pre-Orders''. Pre-orders are processed on a first-come-first-served basis when new stock is available.

    7.2 If FlightScope discontinues a product after You have placed an order, FlightScope will notify You and will reimburse You for any payments made as soon as possible after the order has been placed.

    7.3 FlightScope will not be responsible or liable for errors in descriptions, prices, specifications or other errors on the Site or in other information sent by FlightScope in connection with Products, and reserves the right to cancel any orders where such errors have a material effect.


  15. Cancellation and Refunds
  16. 8.1 To cancel an order that has been paid but not yet shipped, You must send an email to support@flightscope.com with the words CANCEL ORDER as well as the order reference number in the Subject field of the email. FlightScope will refund the order amount minus a non-refundable 3% payment transaction fee and, if applicable, shipping costs paid on Your behalf. Refunds will be paid using the same payment method that You originally used.

    8.2 You may also return the Product after shipment and delivery in accordance with the Return Policy below:

    (a) Products qualifying for a refund must be returned within 30 days of delivery.

    (b) Before returning the Product, You must contact our Customer Care team at support@flightscope.com to obtain a return authorization number.

    (c) You are responsible for the return shipping cost. For Customers qualifying for returns in the USA, EU, and South Africa, FlightScope will provide return shipping labels. An additional fee will be deducted from the refund amount in addition to other deductions (see 8.2 (d) below). This excludes returns of minor items and accessories purchased separately from a FlightScope X3, Mevo, or Mevo+ product.

    (d) The following costs will be deducted from the refund amount: (i) 3% payment transaction fees, (ii) if a return label was provided, 1% for the cost of return shipping, and (iii) any applicable sales tax.

    (e) You must return the Product in the same condition as on the date of purchase, undamaged and unused, in its original packaging, including all accessories and printed materials. FlightScope reserves the right to charge a 15% restocking fee or refuse to refund a Product that has not been returned in this condition.

    (f) Should a refund request be denied for a valid reason the Product will be returned to You as received at Your cost.

    (g) FlightScope will process refund claims without unreasonable delay. Refunds will not be paid if the returned items have not been received by FlightScope. You acknowledge and agree that processing of a refund claim involves the physical return of the Product, the assessment of the returned Product, administrative steps, and banking transactions, which will take some time to complete.


  17. Delivery, Transfer of Ownership and Risk
  18. 9.1 All products are “Delivered at Place of Unloaded” (“DPU”) (Incoterms 2020 - International Chamber of Commerce) being the warehouse address chosen by FlightScope to fulfill orders in the country or region from which You specify in the delivery address. Shipment from the said warehouse to Your delivery address shall be Your expense following the shipping method specified at the time of placing the order. Risk is passed on to You when the product is transferred to the freight operator, or courier service, as applicable.

    9.2 Ownership of the Product(s) shall remain with FlightScope and shall not pass to You until full payment has been received by FlightScope.

    9.3 It is expressly agreed by the Parties that Products are deemed as delivered (“Delivery Date“) as the case may be, when:

    (a) The Products have been delivered to Your specified Delivery Address

    (b) Software is digitally downloaded and activated by You, where applicable.

    9.4 FlightScope will send a shipment notice to You by email.

    9.5 Shipping and delivery dates provided on the Site are estimates. FlightScope shall not be held responsible for changes or delays in shipping and delivery dates.

    9.6 To lodge a complaint regarding compliance of a delivered Product with the order, You must contact FlightScope by calling 407-412-9400 or send an email to support@flightscope.com within ten (10) days after You have received the Product, clearly stating the order number as well as the Product serial number (if applicable). After this, You are deemed to have irrevocably and unconditionally accepted the delivery.


  19. Right of Use
  20. 10.1 FlightScope holds all intellectual property rights for the following Products on sale: FlightScope X3, Mevo, Mevo+ (all variants), Mevo Golf App, FS Golf App, and FS Skills App, Pro Package, Face Impact Location, FlightScope MultiCam, and all associated creative works. You will not acquire and may not infringe on any of these rights.

    10.2 Product purchase does not constitute any transfer or restriction of FlightScope’s intellectual property rights and/or know-how, whether before or after an order is placed.

    10.3 Trugolf® holds all intellectual property rights for the E6-branded golf simulation software offered on the Site. You will not acquire and may not infringe on any of these rights.

    10.4 The Golf Club holds all intellectual property rights for the TGC-branded golf simulation software offered on the Site. You will not acquire and may not infringe on any of these rights.

    10.5 Subject to agreement with these T’s&C’s and payment in full by the You, FlightScope grants You:

    (a) a transferable, non-exclusive right of use for all FlightScope Software for which licenses were subscribed to in perpetuity. You accept this right of use.

    (b) a transferable, non-exclusive standard warranty, whose start date and duration is determined by the original purchase terms and date.

    (c) a non-transferable, non-exclusive right of use of Trugolf E6 simulator golf simulator Software bundled with new X3 and Mevo+ sales. The rights to the Trugolf E6 software are limited to the original Customer who purchased the Products, and cannot be transferred when the Product is sold, donated, or otherwise transferred to a third party. You accept this right and restriction of use.

    10.6 In case You sell, donate, or otherwise transfer ownership of the Product to a third party, You must inform said third party that

    (a) the Product must be registered in the name of the new buyer;

    (b) that the Trugolf E6 simulator software bundled with the original purchase is not transferable, and

    (c) the new buyer may purchase a new subscription for the Trugolf E6 software bundle or other software at subscription prices that apply at that time.

    10.7 Without express and written authorisation from FlightScope, You are not permitted to (i) reproduce, represent, modify, translate or adapt, in any form or format, or use the Software and related documentation in any manner and/or (ii) reverse engineer the Products (with the exception of legal requirements to the contrary).


  21. Trade-In Program
  22. 11.1 Overview:

    FlightScope periodically offers promotional trade-in deals, allowing customers to exchange eligible legacy or lower-tier products for credit toward the purchase of new or higher-tier items. These promotions are time-limited and subject to the terms outlined below.

    11.2 Eligibility:

    (a) Participation is exclusively available to customers located in the USA. All items must be shipped from and returned to a valid physical address within the USA.

    (b) Eligible products for trade-in must meet the criteria specified in the promotional materials for each trade-in deal.

    11.3 Shipping:

    FlightScope facilitates the return of products by providing a free shipping label. You are responsible for the proper packaging and return of the item, using the label provided, to ensure it arrives safely.

    11.4 Trade-In Product Conditions:

    (a) Products returned for trade-in must be in working condition and include all original accessories.

    (b) Damaged items, or those missing accessories, may receive reduced credit or be rejected at FlightScope's discretion.

    11.5 Time Limits:

    (a) The returned item must be received at the specified return address within 30 days from the date of the trade-in deal acceptance. Failure to comply will result in the cancellation of the trade-in transaction.

    (b) Any refund due to cancellation will be processed after deducting a 3% fee for credit card transactions.

    11.6 Completion of Trade-In:

    (a) Once the returned product is received and accepted, and full payment of the remaining balance is completed, the new product will be shipped to you via ground shipping.

    (b) Shipping of the new item will occur only after all conditions have been satisfied.

    11.7 Procedure for Participation:

    (a) You must express their interest to participate in the trade-in deal within 30 days of the promotion's announcement by contacting Customer Care at support@flightscope.com.

    (b) After contacting support, you will receive detailed instructions, including how to return their product using the provided free shipping label.

    11.8 Miscellaneous:

    (a) FlightScope reserves the right to modify or cancel the trade-in program at any time. However, such changes will not affect trade-in deals already in progress.

    (b) If the trade-in deal involves a product still under warranty, the original warranty does not transfer to the new product. The new item is subject to its own warranty terms.


  23. Limited Warranty
  24. 12.1. Unless different statutory warranty periods apply in Your country,

    (a) FlightScope sensors are guaranteed to be free of workmanship and material defects for a period of twelve (12) months.

    (b) Third-party equipment, software and accessories are covered by the warranties provided by the original manufacturers of these items.

    (c) Repairs to Products are guaranteed to be free of workmanship and material defects for a period of three (3) months from the repair date.

    12.2 The warranty is valid and binding on FlightScope only if:

    (a) You have paid for the Product or service in full.

    (b) You installed, operated and maintained the Product according to its manuals, instructions and labels.

    (c) You contact our Customer Care team at 407-412-9400 or by email to support@flightscope.com for assistance in diagnosing and resolving the problem as soon as a malfunction is discovered.

    12.3 FlightScope's reasonable decision as to whether a repair, replacement or service is covered by this warranty shall be final and binding.

    12.4 Exclusions: Warranty DOES NOT cover:

    (a) Damage or malfunctions, and expenses incurred in the process of diagnosing and/or repairing damage or malfunctions resulting from

    (i) User error

    (ii) Misuse, abuse, or negligence

    (iii) Inadequate or improper maintenance

    (iv) Tampering with, or signs of a user attempting to open, self repair or modify a Product.

    (b) Normal wear and tear

    (c) Service or modifications by other than FlightScope’s authorized repair centers

    (d) Use of the Product in a manner that is inconsistent with its manual or labeling

    (e) Acts of nature (including, without limitation, floods, fire, earthquake, or acts of war or civil emergency

    (f) Nonconforming utilities (including, without limitation, electrical power supplies) including damage caused by lightning, power surges, brown-outs, and wrong voltage use.

    (g) Performance and life of rechargeable batteries.

    12.5. In the event of a warranty claim, You should contact support@flightscope.com. FlightScope will inform You of the correct additional steps to follow.

    12.6 You must give FlightScope Support reasonable opportunity and time to diagnose the problem and attempt a remedy before considering returning the Product to FlightScope. If our Customer Care team is unable to remotely resolve or remedy the reported issue, You will be provided with a return authorization number. Products must not be returned without return authorization from our Customer Care team.

    12.7 Products authorized to be returned must be accompanied by all accessories supplied at the time of purchase, and preferably in the original packaging.

    12.8 Authorized returns shall be shipped to FlightScope at Your expense and risk.

    12.9 FlightScope will, at its sole discretion, repair or replace the Products as quickly as possible and return said Products to You at FlightScope’s expense.

    12.10 If a Product is returned and does not meet the terms of the warranty, FlightScope will provide You with a quotation for the work and materials required to repair the product in question, and return shipping costs. Upon Your acceptance of the quotation, FlightScope will perform repairs to the Product. Repaired Products will be released and shipped after receipt of full payment of the repair invoice amount.

    12.11 In the event of a fault with a Product after expiry of the warranty period, You may contact our Customer Care team for repair services.

    12.12 You may subscribe to additional services such as a Shield Plan (if available in Your country or region).

    12.13 Third Party Software and other third party items. FlightScope provides no warranty that third party software or other items provided as accessories to or in addition to the Products will be fit for purpose or error free. In all cases third-party software or items, manufacturer’s warranty and terms shall apply. FlightScope shall not be responsible for examining or evaluating the content or accuracy and FlightScope does not warrant and will not have any liability or responsibility for any third-party software, items, websites, or any other materials or services of third-parties. FlightScope shall also not be liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party items. Complaints, claims, concerns, or questions regarding third-party products should be directed to the applicable third-party.

    12.13 Third Party Software and other third party items. FlightScope provides no warranty that third party software or other items provided as accessories to or in addition to the Products will be fit for purpose or error free. In all cases third-party software or items, manufacturer’s warranty and terms shall apply. FlightScope shall not be responsible for examining or evaluating the content or accuracy and FlightScope does not warrant and will not have any liability or responsibility for any third-party software, items, websites, or any other materials or services of third-parties. FlightScope shall also not be liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party items. Complaints, claims, concerns, or questions regarding third-party products should be directed to the applicable third-party.

    12.15 The above defines FlightScope’s full obligations in terms of Product warranty.


  25. Responsibility
  26. 13.1 In the event that an order is not processed, or an order processing error occurs by FlightScope or a subcontractor, FlightScope will be indemnified against any damages or losses. FlightScope will not be liable for any indirect and/or immaterial damage (such as operational loss, customer loss, lost opportunities, data loss, etc.). This is expressly accepted by You.

    13.2 You must use the Products only as contemplated in the User manual(s) and related documentation and in appropriate environments for use of the Products.

    13.3. In all cases, it has been expressly agreed between the parties that the total amount of damages, damages and expenses of any kind paid by FlightScope in Your favor as a result of a court decision, and including all lawsuits, will not exceed the value equal to the price excluding the tax received by FlightScope for the product in question.

    13.4. FlightScope may subcontract any or all order processing to a third party at its sole discretion. FlightScope will be responsible for the tasks assigned to such subcontractors.


  27. Modifications To Products, Services, And Prices
  28. 14.1 Prices for Products and services are subject to change without notice.

    14.2 FlightScope reserves the right at any time to modify or discontinue Products or services, or any part or content thereof, without notice at any time.

    14.3 FlightScope shall not be liable to You or to any third-party for any modification, price change, suspension or discontinuance of a Product or service.


  29. Errors, Inaccuracies and Omissions
  30. Occasionally information on the Site may contain typographical errors, inaccuracies or omissions, including to product descriptions, pricing, offers, shipping options and charges, transit times and availability. We reserve the right to correct errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Site is inaccurate. We undertake no obligation to update, amend or clarify information on the Site except as required by law.


  31. Indemnity
  32. By transacting with us and accepting these terms You indemnify and hold FlightScope and its officers, members, directors, employees, agents, contractors, sublicensees, affiliates, subsidiaries, successors and assigns harmless from and against any and all damages, liabilities, costs, expenses, claims and/or judgments, including but not limited to attorneys' fees, expenses and loss of income which It may be incurred in connection with the purchase, ownership or operation of any Product.


  33. Termination
  34. FlightScope may in its sole discretion at any time prior to Delivery cancel any order(s) by written notice to You. Upon cancellation, FlightScope will refund You the relevant price of the order or part of the order, as applicable. Without prejudice to the provisions of the other terms and conditions, all orders will be canceled after thirty (30) days in the event that You fail to pay any amount due.


  35. Force Majeure
  36. 18.1. In the event of force majeure, the obligations of FlightScope and/or Yourself, will be suspended during force majeure and will be re-applied once the latter is declared to have expired.

    18.2. Failure to carry out the order due to force majeure shall not entail any right of recourse. In the event that any such event prevents FlightScope from fulfilling its obligations, FlightScope will inform You as soon as possible.

    18.3. FlightScope and/or You are able to cancel the order, upon notification, if the force majeure continues for more than sixty (60) days after its initial occurrence. Neither party is entitled to claim damages or compensation.

    18.4. In the event of force majeure, the parties agree to meet as soon as possible in order to agree in good faith on the terms and conditions for canceling the order.


  37. Applicable Law
  38. 19.1. The present Sales Terms and Conditions are subject to the laws of the state of Florida, USA.

    19.2 You and FlightScope agree to specifically exclude the application of the provisions of the United Nations Convention on the International Sales of Goods, dated April 11, 1980.