Clever Caddie respects your privacy. Across our business, around the world, we will only collect, store and use your personal information for defined purposes. We use your information to support and enhance our relationship with you, for example, to process your purchase, provide service and support, and share product, service and company news and offerings with you. We do not sell your personal information. At any time you may contact Clever Caddie with any privacy questions or concerns you may have. You also may ask at any time to see the data you have given us and request correction or deletion. We strive to ensure the highest level of security and confidentiality, privacy and data security.
At Clever Caddie, your right to privacy and data security is a primary concern. That's why, when you visit Clevercaddie.com, the information you provide will be kept confidential and for internal use only. It is used to support your customer relationship with Clever Caddie. Amongst other things, we want to help you quickly find information on Clevercaddie.com and alert you to product upgrades, special offers, updated information and other new products and services from Clever Caddie. You can opt-out of receiving further marketing from Clever Caddie at any time.
Periodically, we may send you information about our various products and services, or other products and services we feel may be of interest to you. Only Clever Caddie will send you these direct mailings. If you do not want to receive such mailings, simply tell us when you give us your personal information. Or, at any time you can easily opt-out of receiving further marketing information.
Information regarding you (such as name, address and phone number) or your order and the products you purchase will NOT be given or sold to any outside organization for its use in marketing or solicitation. Your information may only be shared with agents, suppliers or contractors of Clever Caddie for the purpose of performing services for you and only with your written consent.
Internet Commerce The online store at Shop.Clevercaddie.com is designed NOT to store your credit card information. Clever Caddie is committed to data security with respect to information collected on our site. Our payment processors offer the highest industry standard security measures available through your browser called SSL encryption. If at any time you would like to make a purchase, but do not want to provide your credit card information online, you may contact a sales representative over the telephone. Simply call 1-800-517-5718. It has always been a Clever Caddie practice to contact customers in the event of a potential problem with your purchase or any normal business communication regarding your purchase.
Terms & Conditions
This Agreement contains the terms and conditions that apply to your purchase from Clever Caddie that will be provided to you ("Customer") on orders for Clever Caddie products (“Products”) sold in the United States. By accepting delivery of the Products described on that invoice, Customer agrees to be bound by and accepts these terms and conditions.
THESE TERMS AND CONDITIONS APPLY (i) UNLESS THE CUSTOMER HAS SIGNED A SEPARATE PURCHASE AGREEMENT WITH CLEVER CADDIE, IN WHICH CASE THE SEPARATE AGREEMENT SHALL GOVERN; OR (ii) UNLESS OTHER CLEVER CADDIE STANDARD TERMS APPLY TO THE TRANSACTION. These terms and conditions are subject to change without prior written notice at any time, is Clever Caddies sole discretion.
These terms and conditions may NOT be altered, supplemented, or amended by the use of any other document(s), except as otherwise noted. Any attempt to alter, supplement or amend this document or to enter an order for product(s) that are subject to additional or altered terms and conditions will be null and void, unless otherwise agreed to in a written agreement signed by both Customer and Clever Caddie.
THIS AGREEMENT AND ANY SALES THERE UNDER SHALL BE GOVERNED BY THE LAWS OF THE STATE OF FLORIDA, WITHOUT REGARD TO CONFLICTS OF LAWS RULES.
Payment Terms; Orders; Quotes; Interest Terms of payment are within Clever Caddies sole discretion, and unless otherwise agreed to by Clever Caddie, payment must be received by Clever Caddie prior to Clever Caddie’s acceptance and delivery of an order. Payment for the products and services and support will be made by credit card, wire transfer, or some other prearranged payment method unless credit terms have been agreed to by Clever Caddie. Invoices are due and payable at the time of order and the date of the invoice. The Clever Caddie online system will charge a credit card immediately upon completion of an order through our certified secured payment Processor Company and merchant bank. Clever Caddie guarantees a full and immediate refund in case of backorder situations or pre-shipment cancellations upon customer request. Clever Caddie may invoice parts of an order separately. Orders are not binding upon Clever Caddie until accepted by Clever Caddie. Any quotations given by Clever Caddie will be valid for the period stated on the quotation, or if published on the internet prices are guaranteed for one calendar week from the date of publication. Prices are subject to change without notice and might vary outside the Continental United States. Customer agrees to pay interest on all past-due sums at the current interest rate for credit card debt. Discounts are applied as agreed between the Customer and Clever Caddie.
Shipping Charges; Taxes Separate charges for shipping and handling will be shown on Clever Caddie’s invoice(s), if applicable. Standard shipping charges within the continental U.S. include shipping via UPS Ground or similar service. Customer may choose alternate carrier at additional charges. Shipping to Hawaii, Alaska and International shipments can be made with a mutually agreed carrier and at the customer's expense. Unless Customer provides Clever Caddie with a valid and correct tax exemption certificate applicable to the product ship-to location prior to Clever Caddie’s acceptance of the order, the Customer is responsible for sales and all other taxes associated with the order, however designated, except for Clever Caddie’s franchise taxes and taxes on Clever Caddie’s net income. If applicable, a separate charge for taxes will be shown on Clever Caddie’s invoice.
Title; Risk of Loss Title to products passes from Clever Caddie to Customer on shipment from Clever Caddie’s facility. Loss or damage that occurs during shipping by a carrier selected by Clever Caddie is Clever Caddie’s responsibility. Loss or damage that occurs during shipping by a carrier selected by Customer is Customer's responsibility.
Warranties: THE LIMITED WARRANTIES APPLICABLE TO CLEVER CADDIE & UPRIGHT CADDY BRANDED PRODUCTS ARE INCLUDED IN THE DOCUMENTATION ALONG WITH THE PRODUCTS AS WELL AS ON OUR WEBSITE WWW.CLEVERCADDIE.COM . THERE ARE NO WARRANTIES FOR SERVICES. CLEVER CADDIE MAKES NO EXPRESS WARRANTIES EXCEPT THOSE STATED IN THIS SECTION AND IN CLEVER CADDIE’S APPLICABLE WARRANTY STATEMENT IN EFFECT ON THE DATE OF THE INVOICE. ANY SUCH WARRANTIES WILL BE EFFECTIVE, AND CLEVER CADDIE WILL BE OBLIGATED TO HONOR ANY SUCH WARRANTIES, ONLY UPON CLEVER CADDIE’S RECEIPT OF PAYMENT IN FULL FOR THE ITEM TO BE WARRANTED. ANY WARRANTY WILL BE VOIDED IN ITS ENTIRETY, IF A CUSTOMER HAS DISPUTED A CREDIT CARD CHARGE OR OTHER FORM OF PAYMENT RESULTING IN CLEVER CADDIE NOT HAVING RECEIVED FULL PAYMENT. CLEVER CADDIE DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF' MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CLEVER CADDIE'S RESPONSIBILITY FOR WARRANTY CLAIMS IS LIMITED TO REPAIR AND REPLACEMENT AS SET FORTH IN CLEVER CADDIE'S APPLICABLE WARRANTY STATEMENT IN EFFECT ON THE DATE OF THE INVOICE. WE WILL NOT PAY FOR: LOSS OF USE OF YOUR PRODUCT OR PROPERTY DAMAGE CAUSED BY YOUR GOLF TROLLEY PRODUCT OR ITS FAILURE TO WORK; ANY SPECIAL INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM PERFORMANCE OR FAILURE TO PERFORM UNDER THIS AGREEMENT, OR FROM THE FURNISHING, PERFORMANCE OR USE OF ANY GOODS OR SERVICE SOLD PURSUANT HERETO, WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, MISUSE OR MODIFICATION OF THE PRODUCT OR OTHERWISE NEITHER YOU NOR CLEVER CADDIE SHALL HAVE ANY LIABILITY TO THE OTHER FOR INDIRECT OR PUNITIVE DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN.
Clever Caddie reserves the right to modify its warranty at any time, in its sole discretion.
Clever Caddie’s products that are purchased directly from Clever Caddie by a Customer may be returned by Customer in accordance with Clever Caddie's "Return Policy" in effect on the date of the invoice. Unused items in new condition and in original packaging only may be returned for full credit within 7 days of receipt of product, excluding shipping and handling charges. Customer is fully responsible for shipping cost of returned items. Please contact us at 1-800-517-5718 or clevercaddie.com with an order number and reason for the return before shipping the item back. All returns must have an assigned Return Authorization number clearly written on the outside label to be accepted. NOTE: products that have been purchased through one of our authorized independent dealers must be returned according to that dealer's respective return policy. Refunds can only be issued by that dealer, because Clever Caddie has no original financial transaction for such purchases with the customer. Such returns must have a dealer RA authorization which has been communicated to Clever Caddie before a return shipping is being initiated and accepted by Clever Caddie. It is recommended that you insure the item before returning it. For returns after the initial return period and used caddies for up to 30 days after the original purchase date a restocking charge of 20-25% of the original purchase price (depending on condition), excl. shipping & handling charges applies. Customer is fully responsible to cover original and return shipping and insurance charges. Product must be returned in its original packaging, including styrofoam cushioning to protect from transportation damage. Charges for the supply of replacement packaging will apply. Return acceptance after 30 days after the original purchase date are at Clever Caddie ‘s sole discretion and subject to depreciation fees assessed by Clever Caddie 's technical staff.
From time to time, Clever Caddie may, in its sole discretion, exchange products or portions of a product. Any exchanges will be made in accordance with Clever Caddie's exchange policies in effect on the date of the exchange.
Clever Caddie 's policy is one of ongoing product update and revision. Clever Caddie may revise and discontinue products at any time. Clever Caddie will ship products that have the same or better functionality and performance of the products ordered, but changes between what is shipped and what is described in a specification sheet, website, manual or catalog are possible during a model year. Clever Caddie reserves all rights to modify and upgrade components during a model year. All parts are factory new and unused unless otherwise described or ordered by the Customer. All Products are being factory floor tested before final packaging causing slight abrasions on tires or other wear parts. These are merely a sign of quality control testing.
Limitations of Liability: CLEVER CADDIE DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING ANY LIABILITY FOR PRODUCTS NOT BEING AVAILABLE FOR USE, OR THE PROVISION OF SERVICES AND SUPPORT CLEVER CADDIE WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN. THIS LIMITATION OF LIABILITY APPLIES BOTH TO PRODUCTS AND SERVICES AND SUPPORT CUSTOMER RECEIVES UNDER THIS AGREEMENT. CUSTOMER AGREES THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCTS OR SERVICES BUNDLED WITH THE PRODUCTS, CLEVER CADDIE IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AGGREGATE DOLLAR AMOUNT PAID BY CUSTOMER FOR THE PURCHASE OF PRODUCTS UNDER THIS AGREEMENT. CUSTOMER AGREES THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF SERVICES NOT BUNDLED WITH PRODUCTS UNDER THIS AGREEMENT, CLEVER CADDIE IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AGGREGATE DOLLAR AMOUNT PAID BY CUSTOMER FOR THE PURCHASE OF SERVICES UNDER THIS AGREEMENT.
Clever Caddie will provide general telephone service and support to Customers in the United States, and in selected international countries in accordance with the then-current service and support policies and conditions in effect. However, Clever Caddie's support personnel may not be able to understand or resolve any given problem, and hereby excludes any obligations or liabilities arising from a given problem not solved by Clever Caddie. Clever Caddie has no obligation to provide service or support until Clever Caddie has received full payment for the Product or services and support that Customer purchased.
Dispute Resolution: The parties will attempt to resolve any claim, or dispute or controversy (whether in contract, tort or otherwise) against Clever Caddie, its agents, employees, successors, assigns or affiliates (collectively for purposes of this paragraph, "Clever Caddie") arising out of or relating to this Agreement, Clever Caddie 's advertising, or any related purchase (a "Dispute") through face to face negotiation with persons fully authorized to resolve the Dispute or through mediation utilizing a mutually agreeable mediator, rather than through litigation. If the parties are unable to resolve the Dispute through negotiation or mediation within a reasonable time after written notice from one party to the other that a Dispute exists, the Dispute will be settled by binding arbitration in accordance with the then current CPR Rules for Non-Administered Arbitration. The Arbitration will be conducted before three (3) independent and impartial arbitrators. Clever Caddie will appoint one (1) arbitrator and the other party or parties will appoint one (1) arbitrator. The two (2) appointed arbitrators will then select a third arbitrator, who shall be the presiding arbitrator. The arbitration hearing shall take place in Fort Myers, Florida and will be governed by the United States Federal Arbitration Act to the exclusion of any inconsistent state laws. The arbitrators shall base their award on the terms of this Agreement, and will follow the law and judicial precedents that a United States District Judge sitting in Lee County, Florida would apply to the Dispute. The arbitrators shall render their award in writing and will include the findings of fact and conclusion of law upon which their award is based. Judgment upon the arbitration award may be entered by any court of competent jurisdiction. The existence or results of any negotiation, mediation or arbitration will be treated as confidential. Notwithstanding the foregoing, either party will have the right to obtain from a court of competent jurisdiction a temporary restraining order, preliminary injunction or other equitable relief to preserve the status quo or prevent irreparable harm, although the merits of the underlying Dispute will be resolved in accordance with this paragraph.