Terms of service

TERMS AND CONDITIONS

19th Tour Flex Golf

IMPORTANT NOTICE REGARDING DISPUTE RESOLUTION

THIS AGREEMENT CONTAINS A BINDING ARBITRATION AGREEMENT, A CLASS ACTION WAIVER, A MASS ACTION WAIVER AND A JURY TRIAL WAIVER THAT AFFECT YOUR LEGAL RIGHTS.

EXCEPT AS EXPRESSLY PROVIDED HEREIN, DISPUTES COVERED BY THE ARBITRATION AGREEMENT WILL BE RESOLVED ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION.

YOU HAVE THE RIGHT TO OPT OUT OF ARBITRATION AS DESCRIBED IN SECTION 27.

PLEASE REVIEW SECTIONS 23 THROUGH 28 CAREFULLY.

1. ACCEPTANCE OF TERMS

These Terms and Conditions (“Terms”) are entered into by and between you and 19th Tour Flex Golf (“Company,” “19th Tour Flex Golf,” “we,” “our” or “us”).

These Terms govern your access to and use of:

  • 19thtourflex.com;

  • 19thlab.com;

  • any related websites, checkout funnels, landing pages, subdomains, applications and services;

  • any purchases made through the foregoing; and

  • any clothing, golf apparel, accessories, promotional items, digital products or other products offered through the foregoing.

The foregoing websites, pages, services and sales channels are collectively referred to as the “Website.”

All physical and digital products offered through the Website are collectively referred to as the “Products.”

By accessing or using the Website, submitting an order or purchasing any Product, you:

  • represent that you are at least eighteen years old or the age of legal majority in your jurisdiction;

  • represent that you have legal capacity to enter a binding agreement;

  • agree to be bound by these Terms in their entirety; and

  • agree to all policies and additional terms expressly incorporated into these Terms.

If you do not agree, you must not access or use the Website or purchase Products.

1.1 Electronic Assent; Clickwrap

Where presented, you may be required to take an affirmative action, including checking an unchecked box or clicking a clearly labelled button, acknowledging your agreement to these Terms.

Your affirmative action constitutes legally binding electronic consent to the fullest extent permitted by law.

We may retain records relating to your acceptance, including:

  • the date and time of acceptance;

  • the version of the Terms accepted;

  • the order or account associated with the acceptance;

  • relevant device, browser and IP information; and

  • the method through which acceptance was provided.

1.2 Incorporated Policies

The following policies, where published on the Website, are incorporated into these Terms:

  • Privacy Policy;

  • Return and Refund Policy;

  • Shipping Policy;

  • Cookie Policy;

  • SMS or Mobile Messaging Terms;

  • promotion-specific terms; and

  • any other policy expressly stated to form part of these Terms.

If promotion-specific terms conflict with these Terms, the promotion-specific terms will control solely in relation to that promotion, subject to applicable law.

1.3 Modifications to Terms

We may revise these Terms at any time in our sole discretion.

If changes are material, we may provide reasonable notice, including through:

  • email;

  • account notification;

  • Website banner;

  • checkout notice; or

  • another reasonable method.

Revised Terms will become effective on the date stated in the revised Terms.

Continued use of the Website after revised Terms become effective constitutes acceptance to the extent permitted by law.

Unless required by law or expressly agreed by you, a material change will not retrospectively alter the terms governing an order already accepted by the Company.

1.4 New Features and Tools

Any new features, tools, Products, services, Website functionality or resources introduced through the Website will also be subject to these Terms unless separate terms are expressly provided.

2. ACCESS TO WEBSITE

We grant you a limited, revocable, non-exclusive, non-transferable and non-sublicensable licence to access and use the Website solely for lawful, personal and non-commercial purposes.

We reserve the right to:

  • modify or discontinue any part of the Website;

  • restrict, suspend or terminate access;

  • refuse service to any person;

  • introduce or remove features;

  • remove content;

  • perform maintenance; and

  • take any action reasonably necessary to protect the Website, the Company, customers or third parties.

We are not liable if the Website becomes unavailable, except to the extent otherwise required by law.

2.1 Geographic and Customer Restrictions

We reserve the right, but are not obligated, to limit the sale of Products or provision of services to any:

  • person;

  • household;

  • account;

  • geographic region;

  • country;

  • state;

  • territory; or

  • jurisdiction.

We may exercise this right on a case-by-case basis.

Any offer made through the Website is void where prohibited by law.

3. ACCOUNT SECURITY

If you create an account:

  • you must provide accurate, complete and current information;

  • you are responsible for maintaining the confidentiality of your login credentials;

  • you must not allow unauthorised persons to use your account;

  • you must promptly update information that changes;

  • you must immediately notify us of suspected unauthorised access; and

  • you are responsible for activity conducted through your account to the extent permitted by law.

We may, at our sole discretion and subject to applicable law, suspend, restrict, disable or terminate an account for any actual or suspected:

  • violation of these Terms;

  • fraudulent, deceptive or unlawful activity;

  • compromise of account security;

  • abuse of a promotion;

  • unauthorised resale;

  • misuse of the Website;

  • payment abuse;

  • chargeback abuse;

  • conduct that may expose the Company or another person to risk or liability; or

  • other conduct that the Company determines is inconsistent with the intended use of the Website.

We are not required to provide advance notice before taking such action where we determine that immediate action is reasonably necessary to protect:

  • the Company;

  • the Website;

  • payment systems;

  • customers;

  • service providers; or

  • third parties.

Suspension or termination does not affect any rights, remedies, payment obligations or liabilities arising before the effective date of suspension or termination.

4. PROHIBITED USES

You agree not to:

  • violate any applicable law;

  • use the Website for an illegal or unauthorised purpose;

  • solicit, encourage or assist another person to participate in unlawful conduct;

  • scrape, crawl, harvest or use automated means to access the Website without permission;

  • interfere with Website security or operation;

  • upload or transmit malicious code;

  • engage in fraudulent, deceptive or misleading conduct;

  • impersonate any person or entity;

  • submit false or misleading information;

  • attempt unauthorised access to systems, accounts or data;

  • use an unauthorised payment method;

  • submit or threaten a fraudulent chargeback;

  • manipulate reviews, ratings or testimonials;

  • exploit or circumvent promotional restrictions;

  • purchase Products for unauthorised commercial resale;

  • infringe intellectual-property, privacy or other third-party rights;

  • collect or track personal information belonging to others;

  • send spam, phishing communications or unsolicited commercial messages;

  • engage in pretexting, pharming or similar deceptive activity;

  • harass, abuse, threaten, intimidate, defame, slander or disparage another person;

  • unlawfully discriminate against another person;

  • submit or distribute obscene, offensive, abusive or unlawful material;

  • reverse engineer Website software except where such restriction is prohibited by law;

  • commercially exploit Website content;

  • use Website content to train, develop or improve an artificial-intelligence or machine-learning system without written permission;

  • interfere with or circumvent Website security features; or

  • use the Website in a manner that could damage the Company, the Website, another customer or any third party.

We reserve the right to investigate suspected violations and pursue violations to the fullest extent permitted by law.

5. INTELLECTUAL PROPERTY

All Website content, including:

  • text;

  • written copy;

  • photographs;

  • videos;

  • graphics;

  • Product designs;

  • advertisements;

  • trademarks;

  • logos;

  • trade names;

  • software;

  • code;

  • databases;

  • layouts; and

  • design elements,

is owned by or licensed to the Company and is protected by applicable intellectual-property laws.

You may not reproduce, copy, distribute, modify, publish, transmit, display, sell, licence, commercially exploit or create derivative works from Website content without prior written consent.

You may not use our trademarks, trade names, Product photography, advertisements or other protected materials in connection with:

  • resale;

  • advertising;

  • competing products;

  • marketplace listings;

  • social-media promotions;

  • domain names; or

  • another commercial activity

without prior written authorisation.

No rights are granted except as expressly provided herein.

Suspected infringement may be reported to:

support@19thtourflex.com

6. PRODUCT INFORMATION; APPAREL DISCLAIMER

We make reasonable efforts to display and describe Products accurately.

Product images, colours, measurements, sizing, fabric appearance, stitching, finishing, placement, packaging and other details may vary as a result of:

  • screen and device settings;

  • lighting and photography;

  • manufacturing processes;

  • production batches;

  • dye lots;

  • fabric characteristics; and

  • reasonable manufacturing tolerances.

Such variations shall not constitute a defect unless the Product materially fails to conform to its description or an applicable non-excludable consumer guarantee.

6.1 Sizing and Fit

Size charts, measurements and fit recommendations are provided as general guidance only.

Fit may vary depending on:

  • body shape;

  • personal preference;

  • garment style;

  • measurement method;

  • fabric characteristics; and

  • reasonable manufacturing tolerances.

Unless otherwise required by applicable law, the Company does not guarantee that a particular size will provide the customer’s preferred fit.

Where the Product supplied:

  • is the size ordered;

  • is labelled correctly; and

  • materially conforms to its description,

a request for another size will be treated as a change-of-mind return or exchange and not as a Product defect.

6.2 Product Images and Inclusions

Product images may include styling items, accessories, equipment or other materials that are not included with the Product.

Only items expressly identified as included in the applicable Product description form part of the purchase.

6.3 Colour and Appearance

We cannot guarantee that a device or screen will display colours with complete accuracy.

Minor colour, shade, texture or appearance variations that do not materially alter the Product shall not constitute a defect.

6.4 Reasonable Manufacturing Tolerances

Minor differences in measurements, stitching, seams, placement, shape, finishing or trim may occur.

Such differences will not constitute a defect where they:

  • fall within reasonable manufacturing tolerances;

  • do not materially affect the Product’s use or durability; and

  • do not make the Product materially different from its description.

6.5 Care and Use

You are responsible for reviewing and following all Product care, washing, drying, storage and use instructions.

The Company is not responsible for damage caused by:

  • misuse;

  • accidental damage;

  • improper care;

  • improper washing or drying;

  • exposure to bleach, chemicals or unsuitable cleaning products;

  • unauthorised alteration;

  • abnormal or excessive use;

  • abrasion;

  • contact with sharp objects;

  • failure to follow instructions;

  • incorrect storage; or

  • normal wear and tear.

This provision does not exclude liability that cannot lawfully be excluded.

6.6 No Additional Warranty

Except for an express written warranty provided by the Company and any warranty or consumer guarantee that cannot lawfully be excluded, no representation or warranty is made that a Product will satisfy every customer’s individual preference, expectation, body shape or intended use.

Individual experiences may vary.

6.7 No Professional Advice

Nothing on the Website constitutes medical, legal, financial or other professional advice.

Any reliance on general information presented on or through the Website is at your own risk.

6.8 Reliance Disclaimer

To the maximum extent permitted by law, the Company disclaims liability arising from:

  • reliance on general Website materials;

  • interpretation of non-binding fit recommendations;

  • third-party content;

  • customer testimonials; or

  • information not forming part of an express Product description.

Third-party content reflects the views of the relevant contributor and does not necessarily reflect the Company’s views.

6.9 Historical Information

The Website may contain historical information that is provided for reference only.

Historical information is not necessarily current.

Except where required by law, we are under no obligation to:

  • update historical information;

  • remove outdated content;

  • correct archived materials; or

  • notify users that previously published information has changed.

7. COMMUNICATIONS; ELECTRONIC CONSENT

By using the Website, creating an account or making a purchase, you consent to receive electronic communications from us, including:

  • order confirmations;

  • payment notifications;

  • identity-verification requests;

  • shipping notifications;

  • delivery updates;

  • customer-service communications;

  • return and refund communications;

  • Product-safety notifications; and

  • marketing communications where you have opted in or where otherwise permitted by law.

You may opt out of marketing emails using the unsubscribe link in those communications.

Opting out of marketing communications does not prevent us from sending transactional, administrative, security or legally required communications.

You agree that electronic communications satisfy any legal requirement that such communications be in writing, to the extent permitted by law.

8. PRIVACY

8.1 Privacy Policy; Acknowledgement and Consent

All personal information collected through the Website is handled in accordance with our Privacy Policy.

By accessing or using the Website, creating an account, submitting information or purchasing a Product, you:

  • acknowledge that you have reviewed or had the opportunity to review our Privacy Policy;

  • acknowledge the collection, use, storage, processing, transfer and disclosure of personal information as described in that policy;

  • consent, where consent is the applicable legal basis, to the actions described in the Privacy Policy; and

  • authorise us to take actions with respect to your personal information that are consistent with the Privacy Policy and applicable law.

Where applicable law requires separate, express or specific consent for a particular processing activity, cookie, tracking technology or marketing communication, we will seek that consent separately where required.

Our Privacy Policy does not form a contractual promise that exceeds obligations imposed by applicable law unless expressly stated otherwise.

8.2 Cookies and Tracking Technologies

The Website may use cookies, pixels and similar technologies operated by us and third parties to:

  • operate the Website;

  • remember preferences;

  • analyse Website performance;

  • personalise content;

  • prevent fraud;

  • measure advertising; and

  • support marketing activities.

Information collected through these technologies may be shared with analytics, advertising, social-media, payment, fraud-prevention and technology partners in accordance with our Privacy Policy.

Where applicable law requires consent for non-essential cookies or tracking, we will request consent through an appropriate mechanism.

9. PAYMENTS AND BILLING

9.1 Orders as Offers

An order submitted by you constitutes an offer to purchase Products.

All orders are subject to acceptance by the Company.

An automated acknowledgement confirms that we received your order but does not necessarily constitute acceptance.

Unless otherwise required by applicable law, a contract is formed when we:

  • expressly confirm acceptance; or

  • dispatch the Product,

whichever occurs first.

9.2 Order Refusal or Cancellation

We reserve the right to refuse, limit, change or cancel any order at our discretion, including because of:

  • suspected fraud;

  • unauthorised payment;

  • pricing or description errors;

  • Product unavailability;

  • quantity restrictions;

  • shipping restrictions;

  • promotional abuse;

  • suspected unauthorised resale;

  • legal restrictions;

  • duplicate orders; or

  • a material technical error.

Restrictions may apply to orders placed through:

  • the same account;

  • the same payment method;

  • the same billing address;

  • the same shipping address;

  • the same device; or

  • the same household.

Where we change or cancel an order after submission, we may attempt to notify you using:

  • the email address;

  • billing address;

  • shipping address;

  • telephone number; or

  • other contact information

provided with the order.

If we cancel an order after payment has been collected, we will refund the amount charged for the cancelled Product.

9.3 Payment Authorisation

By providing a payment method, you represent and warrant that:

  • you are authorised to use the payment method;

  • all payment information is accurate and current; and

  • you authorise the Company and its payment processors to charge the disclosed order total.

The order total may include:

  • Product prices;

  • shipping charges;

  • applicable taxes;

  • duties collected at checkout; and

  • any other fees disclosed before purchase.

If payment is declined, reversed or subject to a credible fraud concern, we may suspend or cancel the order.

9.4 Verification

We may request information reasonably required to verify:

  • identity;

  • payment authorisation;

  • billing information;

  • shipping information;

  • account activity; or

  • suspected fraud.

Failure to provide requested verification may result in delay, suspension or cancellation.

9.5 Currency

Prices may be displayed in Australian dollars, US dollars, pounds sterling, euros or another currency.

Where currency conversion is performed by a bank, payment provider or card issuer, that third party may:

  • determine the conversion rate;

  • charge conversion fees; or

  • produce a final amount that differs from an estimated display.

The Company is not responsible for third-party exchange rates, conversion fees or foreign-transaction fees.

9.6 Taxes

Applicable sales tax, goods and services tax, value-added tax or similar charges will be collected where required.

Where the Company is not legally required to collect a tax, duty, levy or other governmental charge, the customer is responsible for:

  • determining whether that amount is payable;

  • reporting the purchase where required; and

  • paying the applicable amount to the appropriate authority.

9.7 Third-Party Payment Processors

Payments may be processed, authorised, declined, held, reversed or refunded through third-party payment processors, banks, card networks, digital-wallet providers or other financial-service providers.

Your use of those services may be governed by the applicable third party’s:

  • terms;

  • policies;

  • operating rules;

  • security procedures; and

  • privacy practices.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY IS NOT RESPONSIBLE OR LIABLE FOR ANY ERROR, DELAY, INTERRUPTION, OUTAGE, DECLINED TRANSACTION, DUPLICATE TRANSACTION, PAYMENT HOLD, CURRENCY CONVERSION, PROCESSING FAILURE, UNAUTHORISED ACTION OR OTHER ACT OR OMISSION OF A THIRD-PARTY PAYMENT PROCESSOR OR FINANCIAL-SERVICE PROVIDER.

Where you believe a third-party processor has made an error, you must notify us promptly and provide all information reasonably required to investigate.

A payment-processor error does not relieve you of an amount lawfully owed to the Company.

Nothing in this section excludes responsibility that cannot lawfully be excluded.

10. SHIPPING; TITLE; DELIVERY; RISK OF LOSS

Products are shipped through third-party carriers and fulfilment providers.

10.1 Shipping Estimates

Dispatch and delivery dates are estimates unless expressly guaranteed.

The Company is not responsible for delays caused by:

  • carriers;

  • weather;

  • customs;

  • public holidays;

  • peak periods;

  • supply-chain disruptions;

  • remote delivery locations;

  • incorrect customer information;

  • government action; or

  • events beyond the Company’s reasonable control.

Nothing in this section limits a right that cannot lawfully be limited.

10.2 Customer Information

You are responsible for providing complete and accurate:

  • recipient information;

  • shipping address;

  • email address;

  • telephone number; and

  • other information reasonably required for delivery.

You must contact us promptly if you discover an error.

We do not guarantee that an address can be changed after fulfilment or dispatch has begun.

10.3 Split Shipments

We may divide an order into multiple shipments.

Unless otherwise disclosed, you will not be charged additional standard shipping solely because an order is split.

10.4 Title and Risk of Loss

Unless otherwise required by applicable law, title and risk of loss transfer to you upon delivery of the Product to the carrier.

Where mandatory law requires risk to remain with the Company until the customer or the customer’s nominated recipient physically receives the Product, that law will apply.

10.5 Delivery Confirmation and Presumption of Delivery

Carrier tracking information, delivery scans, photographic delivery evidence, electronic records, geolocation records, timestamps, recipient confirmations and other records maintained by the carrier shall constitute evidence of:

  • dispatch;

  • attempted delivery;

  • delivery location;

  • delivery time;

  • delivery status; and

  • delivery to the address provided with the order.

To the maximum extent permitted by law, carrier confirmation showing delivery to the address provided will be presumed accurate and will constitute sufficient evidence of delivery, including where:

  • no signature was obtained;

  • the Product was left in a safe place;

  • the Product was delivered under an authority-to-leave instruction;

  • the Product was accepted by another person at the address;

  • the customer disputes receipt;

  • the customer submits a chargeback; or

  • the customer makes a non-delivery claim.

The customer is responsible for ensuring that:

  • the delivery address is complete and accurate;

  • the location is reasonably secure;

  • persons at the address are authorised to receive deliveries; and

  • any authority-to-leave instruction is suitable.

The Company may rely on carrier records when:

  • denying a replacement request;

  • denying a refund request;

  • responding to a chargeback;

  • investigating alleged non-delivery; or

  • presenting evidence to a payment provider, insurer, carrier, arbitrator, regulator or court.

The presumption in this section may be rebutted only where the customer provides clear and credible evidence establishing that delivery did not occur as recorded or where applicable law requires otherwise.

10.6 Authority to Leave

Where you authorise a carrier to leave a parcel unattended, delivery may be completed in accordance with that instruction.

To the extent permitted by law, risk arising after delivery to the authorised location is borne by the customer.

10.7 Customs and Import Charges

International customers are responsible for customs duties, import taxes, brokerage charges and local fees that are not collected at checkout.

The customer is responsible for checking import requirements applicable to the delivery destination.

10.8 Incorrect, Refused or Unclaimed Deliveries

Where a parcel is returned because:

  • an incorrect or incomplete address was supplied;

  • delivery was refused without a lawful basis;

  • the parcel was not collected;

  • applicable customs charges were not paid; or

  • delivery could not be completed for a reason attributable to the customer,

we may deduct reasonable return, storage, handling or re-delivery costs from any refund, to the extent permitted by law.

10.9 Lost or Damaged Parcels

Claims regarding a parcel that appears lost, damaged, materially delayed or incorrectly delivered must be submitted to:

support@19thtourflex.com

You must provide all information reasonably requested, which may include:

  • photographs;

  • confirmation of the delivery address;

  • carrier correspondence;

  • a declaration of non-receipt;

  • identification; and

  • other evidence reasonably required to investigate.

Submission of a claim does not constitute acceptance of liability.

11. AVAILABILITY; QUANTITY LIMITS; DISCONTINUATION; ERRORS

We may update Product information, pricing and availability at any time without prior notice.

We reserve the right to:

  • limit the quantities of any Product;

  • impose per-customer or per-household purchase limits;

  • discontinue any Product;

  • withdraw any Product or offer;

  • modify Product specifications;

  • restrict availability by geographic region; or

  • cancel an offer where legally permitted.

Any offer is void where prohibited by law.

The Website may occasionally contain:

  • typographical errors;

  • pricing errors;

  • incorrect discounts;

  • inaccurate availability information;

  • Product-description errors;

  • shipping errors; or

  • technical display errors.

We reserve the right to correct errors and, before accepting an affected order:

  • contact you with corrected information;

  • offer to proceed on corrected terms; or

  • cancel and refund the order.

We undertake no obligation to update, amend or clarify Website information except as required by law.

No stated update or refresh date shall indicate that all Website information has been modified or updated.

12. FORCE MAJEURE

The Company shall not be liable for delay or failure to perform an obligation where the delay or failure results from a cause beyond its reasonable control, including:

  • acts of God;

  • natural disasters;

  • fire or flood;

  • pandemic or public-health emergency;

  • labour disputes;

  • supply-chain disruptions;

  • government action;

  • war or terrorism;

  • civil unrest;

  • customs interruptions;

  • internet or telecommunications failures;

  • utility failures;

  • payment-processor outages;

  • carrier delays;

  • cyberattacks not caused by the Company’s failure to take reasonable precautions; or

  • fulfilment-centre disruption.

Performance shall be excused for the duration and extent of the event.

Nothing in this section removes a right or remedy that cannot lawfully be excluded.

13. RETURNS AND EXCHANGES

This section applies to voluntary change-of-mind returns and exchanges.

It does not exclude, restrict or modify any right or remedy that cannot lawfully be excluded, restricted or modified.

13.1 Return Period

Subject to these Terms, you may request a voluntary return or exchange within thirty days after delivery.

A return request must be submitted to:

Our Return or Exchanges Form

Submission of a request does not constitute approval.

No return or exchange will be processed unless authorised by the Company.

13.2 Return Eligibility

To be eligible for a voluntary return or exchange, the Product must:

  • be unworn, except for reasonable indoor fitting;

  • be unwashed;

  • be unaltered;

  • be unused;

  • be free from stains;

  • be free from odours;

  • be free from hair, lint and debris;

  • be free from damage;

  • have all original tags attached;

  • be returned with original packaging where supplied;

  • include all components, accessories and promotional items; and

  • otherwise remain in original, resalable condition.

The Company reserves the right to inspect all returned Products and determine whether these conditions have been satisfied.

Wearing a Product for golf, work, exercise, travel, social use or another extended activity does not constitute reasonable fitting.

13.3 Return Instructions

Products must be returned only to the address provided by our customer-support team.

The address printed on the original parcel may not be our return address.

We currently have 1 authorised return facility located in the United States.

Voluntary change-of-mind returns and exchanges must be returned to our returns facility.

The Company is not responsible for Products sent to:

  • an unauthorised address;

  • a carrier depot;

  • a supplier;

  • the original sender address; or

  • an address other than the address provided in the return authorisation.

13.4 Return Costs, Tracking and Insurance

Unless otherwise stated by the Company or required by applicable law:

  • all voluntary return costs are the customer’s responsibility;

  • all voluntary exchange costs are the customer’s responsibility;

  • original shipping charges are non-refundable;

  • priority, express and upgraded shipping charges are non-refundable;

  • exchange shipping charges may apply;

  • the customer bears the risk of loss or damage during return transit; and

  • the Company is not required to process a return that is not received.

The customer is responsible for selecting a return service that provides:

  • adequate tracking;

  • proof of delivery; and

  • where appropriate, compensation or insurance for loss or damage.

The customer must retain evidence of postage and tracking until the return has been completed.

The Company is not liable for a customer-arranged return that is:

  • lost;

  • stolen;

  • misdirected;

  • delayed;

  • damaged; or

  • delivered to an incorrect address

before receipt at the authorised return facility.

13.5 Inspection and Approval

All returns are subject to inspection.

The Company may refuse a voluntary return or exchange where:

  • the return period has expired;

  • the return was not authorised;

  • the Product does not satisfy the eligibility conditions;

  • the Product shows evidence of wear or use;

  • tags have been removed;

  • the Product has been washed or altered;

  • the Product is damaged;

  • required promotional items are missing;

  • the Product is excluded from voluntary returns; or

  • the Company reasonably suspects fraud, abuse or misrepresentation.

Where permitted by law, the Company may:

  • reject the return;

  • reduce the refund to account for diminished value;

  • return the Product to the customer at the customer’s expense;

  • issue store credit instead of another discretionary remedy; or

  • offer another resolution at its sole discretion.

13.6 Refund Approval and Timing

Unless otherwise required by law, the Company is not required to approve or issue a voluntary refund before:

  • the returned Product has been received at the authorised return facility;

  • the Product has been inspected;

  • the Product has been confirmed as eligible under these Terms; and

  • all required promotional Products and accessories have been received.

Approved refunds will ordinarily be issued to the original payment method.

The Company may deduct amounts permitted under these Terms or applicable law, including:

  • unpaid return charges;

  • diminished value;

  • missing promotional items;

  • non-returned bundle Products;

  • reasonable handling costs where permitted;

  • chargeback fees where lawfully recoverable; or

  • other amounts owed to the Company.

Processing times imposed by banks, card issuers and payment providers are outside the Company’s control.

13.7 Exchanges

All exchanges are subject to approval and Product availability.

The Company may process an exchange as:

  • a replacement;

  • store credit;

  • a refund followed by a new purchase; or

  • another method selected by the Company.

The Company does not guarantee that a requested size, colour or Product will remain available while the original Product is in transit.

13.8 Incorrect Size Selected by Customer

Where the customer receives:

  • the size ordered;

  • a correctly labelled Product; and

  • a Product materially corresponding with its description,

a request for a different size is a voluntary exchange and not a fault claim.

13.9 Incorrect Product Supplied

If the Company supplies the wrong Product, colour or size, you must contact us and provide evidence reasonably required to verify the error.

The Company will provide the remedy required by applicable law.

13.10 Sale and Promotional Products

Sale and promotional Products remain subject to the return terms disclosed with the applicable offer.

A Product identified as final sale is not eligible for a voluntary return or exchange unless otherwise stated.

Mandatory rights relating to Products that are faulty, unsafe, incorrectly supplied or materially misdescribed are not affected.

13.11 Excluded Voluntary Returns

Unless otherwise required by law, voluntary returns and exchanges are not available for:

  • final-sale Products;

  • personalised or altered Products;

  • gift cards;

  • digital Products already supplied;

  • Products that have been worn;

  • Products that have been washed;

  • Products that have been altered or damaged;

  • Products returned without attached tags;

  • Products that cannot reasonably be resold for genuine hygiene reasons; or

  • Products otherwise identified as non-returnable before purchase.

13.12 Statutory Withdrawal Rights

Where applicable law provides a mandatory right to cancel or withdraw from an online purchase, that right will apply only:

  • to the extent required by that law;

  • within the period required by that law;

  • subject to all permitted exceptions and conditions; and

  • in accordance with the procedure stated in our Return and Refund Policy.

Where applicable UK or European law provides a fourteen-day statutory withdrawal period, customers must notify the Company within the applicable period and return the Product as directed.

Unless otherwise stated or required by law, the customer is responsible for the direct cost of a statutory change-of-mind return.

14. PROMOTIONS, BUNDLES, DISCOUNTS AND FREE GIFTS

The Company may offer:

  • buy-one-get-one promotions;

  • buy-two-get-two promotions;

  • multi-buy offers;

  • free gifts;

  • gift-with-purchase offers;

  • discount codes;

  • free shipping; and

  • other promotional arrangements.

Promotions may be subject to additional terms displayed with the offer.

Unless expressly stated otherwise:

  • promotions are available only during the advertised period;

  • promotions are subject to availability;

  • discount codes cannot be combined;

  • promotions are not redeemable for cash;

  • promotions may be limited by person, household, account, address, device or payment method;

  • promotions may exclude certain Products or locations; and

  • free gifts are available only while stocks last.

The Company may modify, suspend, withdraw, refuse or cancel a promotion, subject to applicable law.

14.1 Promotional Abuse

The Company may cancel an order or withdraw a promotional benefit where it reasonably suspects:

  • fraud;

  • multiple-account abuse;

  • circumvention of purchase limits;

  • use of unauthorised automation;

  • manipulation of checkout functions;

  • false customer information;

  • unauthorised resale; or

  • other conduct inconsistent with the promotion.

14.2 Promotional Bundles

For buy-one-get-one, buy-two-get-two and similar promotions, the total amount paid may be allocated proportionally across all Products in the promotional bundle.

A Product described as “free” may be assigned a proportional value for:

  • returns;

  • refunds;

  • exchanges;

  • tax calculations;

  • chargeback responses; and

  • administration of the promotion.

14.3 Partial Returns

Where only part of a promotional bundle is returned, the Company may, to the extent permitted by law:

  • recalculate the retained Products at their applicable non-promotional price;

  • deduct the proportional value of Products not returned;

  • reduce the refund;

  • refuse a voluntary partial return;

  • require the entire bundle to be returned; or

  • apply another reasonable promotional adjustment.

This section does not limit a remedy that cannot lawfully be limited in relation to a faulty, unsafe, incorrectly supplied or materially misdescribed Product.

14.4 Free Gifts

A free gift supplied with an order must be returned with any voluntary full-order return.

If the gift is not returned, the Company may deduct its stated or reasonable value from the refund.

Free gifts:

  • have no cash value;

  • cannot be separately exchanged or refunded;

  • may be substituted with an item of reasonably equivalent value where unavailable; and

  • remain subject to rights that cannot lawfully be excluded.

15. PRODUCT CLAIMS

If you believe a Product is defective, damaged, incorrectly supplied or materially different from its description, you must:

Fill out our Returns or Exchange Form or contact:

support@19thtourflex.com

You must provide all information reasonably requested by the Company, including where applicable:

  • proof of purchase;

  • order information;

  • photographs;

  • video;

  • a description of the alleged issue;

  • the date the issue became apparent;

  • information regarding use;

  • information regarding washing and care;

  • information regarding alterations; and

  • return of the Product for inspection.

Submission of a claim does not constitute acceptance that the Product is defective or that the Company is liable.

15.1 Assessment

The Company reserves the right to inspect, test and assess a Product before approving any remedy.

The Company may obtain assistance from:

  • a manufacturer;

  • supplier;

  • fulfilment provider;

  • repairer;

  • technical specialist; or

  • another qualified third party.

The Company will determine, acting reasonably and in accordance with applicable law, whether the issue constitutes:

  • a manufacturing defect;

  • a minor problem;

  • a major problem;

  • transit damage;

  • an incorrect supply;

  • reasonable manufacturing variation;

  • normal wear and tear;

  • accidental damage;

  • improper care;

  • misuse; or

  • another circumstance not attributable to the Company.

15.2 Matters Not Ordinarily Constituting a Defect

Unless otherwise required by applicable law, the following do not ordinarily constitute Product defects:

  • change of mind;

  • an incorrect size selected by the customer;

  • dissatisfaction with subjective fit;

  • dissatisfaction with personal style or appearance;

  • minor variations within reasonable manufacturing tolerances;

  • minor colour differences caused by displays, lighting or dye lots;

  • normal wear and tear;

  • accidental damage;

  • misuse;

  • unreasonable or abnormal use;

  • improper washing or drying;

  • failure to follow care instructions;

  • unauthorised alteration;

  • damage caused after delivery;

  • damage caused by chemicals, abrasion or sharp objects;

  • a fault disclosed before purchase; or

  • continued use that materially worsens an apparent issue.

15.3 Minor Problems

A Product issue will be treated as a minor problem where it is not a major problem under applicable law and can lawfully be remedied within a reasonable time.

Where the Company determines that a Product has a minor problem, the Company may, at its election and to the extent permitted by law:

  • repair the Product;

  • replace the Product;

  • provide store credit;

  • provide a partial refund;

  • arrange another appropriate remedy; or

  • require the Product to be returned for further assessment.

The Company must be provided a reasonable opportunity to provide the remedy permitted by applicable law.

Where the Company provides an appropriate remedy within a reasonable time, the customer is not entitled to reject the Product solely because the customer would have preferred a different remedy, except where applicable law provides otherwise.

15.4 Major Problems

A Product issue will constitute a major problem only where it satisfies the applicable legal test, including where applicable law determines that the Product:

  • is unsafe;

  • is substantially unfit for its ordinary purpose;

  • is materially different from its description;

  • otherwise meets the legal definition of a major failure.

Where the Company determines, or applicable law establishes, that a Product has a major problem, the Company will provide the remedy required by applicable law.

Nothing in these Terms requires the Company to classify an issue as major where it may lawfully be remedied as a minor problem.

15.5 Return and Assessment Costs

The customer may be required to return the Product for assessment.

Where an assessment determines that the Product is not defective, the Company may require the customer to pay reasonable:

  • inspection costs;

  • collection costs;

  • postage costs; and

  • return delivery costs,

to the extent permitted by law.

15.6 Proof of Purchase

The Company may require reasonable proof that the Product was purchased from the Company.

Proof may include:

  • an order confirmation;

  • receipt;

  • account history;

  • shipping confirmation;

  • card or bank statement; or

  • other reasonable evidence.

15.7 No Additional Remedies

Except for a remedy expressly offered by the Company in writing or required by applicable law, the Company does not provide any additional warranty, compensation, reimbursement or remedy.

The Company is not bound by a remedy requested by the customer unless applicable law gives the customer the right to select that remedy.

15.8 Mandatory Consumer Rights

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, warranty, right or remedy that cannot lawfully be excluded, restricted or modified.

Where applicable law requires the Company to provide a particular remedy, the Company will provide that remedy.

To the maximum extent permitted by law, all other warranties, guarantees, conditions and remedies are excluded.

16. SMS AND MOBILE MESSAGING PROGRAM

The Company may offer a mobile messaging program (“Program”).

By opting into the Program, you agree to receive recurring marketing and transactional text messages from or on behalf of the Company at the mobile number provided.

16.1 Consent to Receive Messages and Calls

By opting into the Program, you:

  • expressly consent to receive recurring marketing and transactional communications;

  • consent to communications sent using an automatic telephone-dialling system, automated technology, artificial voice or prerecorded voice, where applicable and permitted by law;

  • consent to receive communications at the telephone number you provided;

  • acknowledge that communications may be sent by or on behalf of the Company;

  • acknowledge that consent is not a condition of purchasing any Product;

  • understand that message frequency varies;

  • understand that message and data rates may apply; and

  • represent that you are the subscriber or customary user of the telephone number provided or are otherwise authorised to provide consent for that number.

Communications may include:

  • text messages;

  • SMS messages;

  • MMS messages;

  • telephone calls;

  • prerecorded messages; and

  • other mobile communications permitted by law.

You agree to notify us promptly if:

  • you stop using the number;

  • the number is reassigned;

  • you are no longer authorised to provide consent for the number; or

  • your contact information changes.

Consent may be withdrawn through any reasonable method recognised by applicable law, including the methods identified in Section 16.2.

16.2 Opt-Out Procedure

You may opt out at any time through a reasonable method, including by replying:

  • STOP;

  • END;

  • CANCEL;

  • UNSUBSCRIBE; or

  • QUIT.

You may also contact:

support@19thtourflex.com

You may receive one confirmation message after opting out.

16.3 Carrier Disclaimer

Carriers are not liable for delayed or undelivered messages.

Delivery is subject to effective transmission by your wireless provider.

16.4 Age Restriction

You may not participate in the Program if you are under thirteen years old.

If you are between thirteen and eighteen years old, you must have permission from a parent or legal guardian.

16.5 Florida Telemarketing Compliance

To the extent applicable, we endeavour to comply with the Florida Telemarketing Act and Florida Do Not Call Act.

For compliance purposes, we may treat you as a Florida resident if, at the time of opt-in:

  • your shipping address is located in Florida; or

  • the telephone number used has a Florida area code.

Messages sent directly in response to a request, including opt-in confirmations, shipping notifications, help responses and opt-out confirmations, may be treated differently from marketing communications under applicable law.

16.6 Program Description; Message Frequency

Messages may include:

  • promotions;

  • Product announcements;

  • checkout reminders;

  • order confirmations;

  • shipping notifications;

  • delivery notifications;

  • account communications; and

  • customer-service communications.

Message frequency may vary based on purchases, account activity and engagement.

17. USER CONTENT

The Website may permit customers to submit:

  • reviews;

  • testimonials;

  • ratings;

  • comments;

  • photographs;

  • videos;

  • social-media content; or

  • other materials,

collectively referred to as “User Content.”

By submitting User Content, you grant the Company a perpetual, worldwide, royalty-free, transferable and sublicensable licence to:

  • use;

  • reproduce;

  • host;

  • store;

  • modify;

  • edit;

  • crop;

  • resize;

  • format;

  • translate;

  • distribute;

  • publicly display;

  • advertise; and

  • create derivative works from

the User Content for lawful business and marketing purposes.

You represent and warrant that:

  • you own or control all required rights;

  • the User Content does not violate third-party rights;

  • any review or testimonial reflects a genuine experience;

  • the User Content is truthful and not misleading;

  • all identifiable persons have provided necessary consent;

  • the User Content is not unlawful, defamatory, threatening, abusive or obscene; and

  • the User Content does not contain malware or harmful code.

17.1 Monitoring and Enforcement

We reserve the right, but not the obligation, to:

  • remove or refuse to publish User Content;

  • edit formatting;

  • investigate suspected fraudulent content;

  • remove unlawful, irrelevant, abusive or misleading content;

  • take action where User Content violates these Terms; and

  • suspend or terminate access.

The Company has no obligation to:

  • maintain User Content in confidence;

  • compensate a contributor;

  • publish User Content; or

  • respond to User Content.

17.2 Incentivised Content

Where User Content is sponsored, gifted or otherwise incentivised, required disclosures must be made clearly.

An incentive must not be conditioned on a particular sentiment except where lawful.

17.3 Law-Enforcement Cooperation

We reserve the right to cooperate with lawful:

  • court orders;

  • subpoenas;

  • regulatory requests;

  • government requests; and

  • law-enforcement investigations.

You agree that we may disclose information where required by law or reasonably necessary to comply with legal obligations.

You waive and hold harmless the Company and its affiliates from claims arising from disclosures made in good-faith compliance with legal obligations, to the extent permitted by law.

18. THIRD-PARTY TOOLS, SERVICES AND LINKS

The Website may provide access to third-party tools or services that we do not monitor or control.

Such tools and services are provided on an “as is” and “as available” basis without endorsement or warranty by the Company.

Use of third-party tools is at your own risk and may be governed by the third party’s terms and privacy policies.

The Website may contain links to third-party websites.

We are not responsible for examining or evaluating third-party:

  • content;

  • accuracy;

  • products;

  • services;

  • security;

  • availability;

  • representations;

  • terms; or

  • privacy practices.

We are not liable for harm arising from transactions conducted directly with a third party, except where applicable law provides otherwise.

Complaints relating solely to third-party products or services should be directed to the applicable third party.

19. DISCLAIMERS

NOTHING IN THIS SECTION EXCLUDES, RESTRICTS OR MODIFIES ANY CONSUMER GUARANTEE, WARRANTY, RIGHT OR REMEDY THAT CANNOT LAWFULLY BE EXCLUDED, RESTRICTED OR MODIFIED.

THE WEBSITE, PRODUCTS AND CONTENT PROVIDED BY THE COMPANY ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WARRANTIES OF:

  • MERCHANTABILITY;

  • MERCHANTABLE QUALITY;

  • FITNESS FOR A PARTICULAR PURPOSE;

  • DURABILITY;

  • NON-INFRINGEMENT;

  • TITLE;

  • ACCURACY;

  • RELIABILITY; AND

  • AVAILABILITY.

The Company does not warrant that:

  • the Website will be uninterrupted or error-free;

  • Website defects will be corrected;

  • the Website or its servers will be free of harmful components;

  • third-party content will be accurate;

  • Products will meet every subjective expectation; or

  • use of the Website will produce a particular result.

20. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

IN NO EVENT SHALL THE COMPANY OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, SUPPLIERS OR SERVICE PROVIDERS BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR MULTIPLE DAMAGES, INCLUDING:

  • LOSS OF PROFITS;

  • LOSS OF REVENUE;

  • LOSS OF DATA;

  • LOSS OF GOODWILL;

  • BUSINESS INTERRUPTION;

  • LOSS OF OPPORTUNITY;

  • LOSS OF ANTICIPATED SAVINGS; OR

  • REPLACEMENT COSTS,

ARISING OUT OF OR RELATING TO:

  • THESE TERMS;

  • USE OR INABILITY TO USE THE WEBSITE;

  • A PRODUCT PURCHASE;

  • SHIPPING OR DELIVERY;

  • A RETURN OR EXCHANGE;

  • A PROMOTION;

  • ADVERTISING OR MARKETING;

  • USER CONTENT;

  • THIRD-PARTY SERVICES; OR

  • ANY COMMUNICATION FROM THE COMPANY.

THIS APPLIES REGARDLESS OF THE THEORY OF LIABILITY, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE.

20.1 Cap on Direct Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY’S TOTAL LIABILITY FOR ANY CLAIM SHALL NOT EXCEED THE GREATER OF:

(A) THE TOTAL AMOUNT YOU PAID TO THE COMPANY DURING THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR

(B) ONE HUNDRED US DOLLARS.

EXCEPT FOR NON-EXCLUDABLE RIGHTS AND REMEDIES, THIS AMOUNT SHALL CONSTITUTE YOUR SOLE AND EXCLUSIVE MONETARY REMEDY.

20.2 Allocation of Risk

You acknowledge that Product pricing reflects the allocation of risk stated in these Terms and that the Company would not enter into these Terms without these limitations.

20.3 Jurisdictional Limitations

Some jurisdictions do not permit certain exclusions or limitations.

Where a limitation is prohibited, it applies only to the maximum extent lawfully permitted.

21. INDEMNIFICATION

To the extent permitted by law, you agree to defend, indemnify and hold harmless the Company and its:

  • parents;

  • subsidiaries;

  • affiliates;

  • partners;

  • officers;

  • directors;

  • employees;

  • interns;

  • agents;

  • contractors;

  • subcontractors;

  • suppliers;

  • licensors;

  • service providers; and

  • successors

from claims, damages, liabilities, losses, costs and reasonable legal expenses arising out of or relating to:

  • your violation of these Terms;

  • your fraudulent or unlawful use of the Website;

  • your misuse of Products;

  • your violation of law;

  • your violation of third-party rights;

  • User Content submitted by you;

  • unauthorised resale;

  • unauthorised commercial activity;

  • malicious interference with the Website; or

  • fraudulent payment or chargeback activity.

The Company reserves the right to assume exclusive defence and control of a matter subject to indemnification.

You agree to provide reasonable cooperation.

This indemnity does not apply to the extent prohibited by law.

22. LIMITATION ON TIME TO FILE CLAIMS

TO THE FULLEST EXTENT PERMITTED BY LAW, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATING TO:

  • THESE TERMS;

  • THE WEBSITE;

  • A PRODUCT;

  • AN ORDER;

  • SHIPPING OR DELIVERY;

  • A RETURN OR EXCHANGE;

  • A PROMOTION;

  • ADVERTISING;

  • COMMUNICATIONS; OR

  • THE CUSTOMER’S RELATIONSHIP WITH THE COMPANY

MUST BE COMMENCED WITHIN ONE YEAR AFTER THE CLAIM ACCRUES.

IF NOT COMMENCED WITHIN THAT PERIOD, THE CLAIM SHALL BE PERMANENTLY BARRED.

This provision applies to claims based in contract, tort, statute, fraud, misrepresentation or another legal theory, except where:

  • applicable law prohibits shortening the limitation period;

  • a mandatory consumer law provides otherwise; or

  • the provision is otherwise unenforceable.

23. DISPUTE RESOLUTION; BINDING ARBITRATION

THIS AGREEMENT CONTAINS A BINDING ARBITRATION AGREEMENT, A CLASS ACTION WAIVER, AND A MASS ACTION WAIVER THAT AFFECT YOUR LEGAL RIGHTS. EXCEPT AS EXPRESSLY PROVIDED HEREIN, DISPUTES WILL BE RESOLVED ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION.

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

23.1 Agreement to Arbitrate

You and the Company agree that any dispute, claim, controversy or cause of action arising out of or relating to:

  • these Terms;

  • the Website;

  • a Product;

  • an order;

  • shipping or delivery;

  • a return, exchange or refund;

  • a promotion;

  • advertising or marketing;

  • communications;

  • an alleged misrepresentation; or

  • the relationship between you and the Company

collectively constitutes a “Dispute.”

Covered Disputes shall be resolved exclusively through binding and confidential arbitration on an individual basis.

The term “Dispute” shall be interpreted broadly to the extent permitted by law.

This arbitration agreement also applies to:

  • purchase orders;

  • promotional agreements;

  • related contracts; and

  • future agreements

entered into between you and the Company unless the applicable agreement expressly states that this arbitration agreement does not apply.

23.2 Federal Arbitration Act

These Terms evidence a transaction involving interstate or international commerce.

The Federal Arbitration Act governs the interpretation, enforcement and proceedings under this arbitration agreement.

The arbitrator shall decide threshold issues of arbitrability, including:

  • scope;

  • validity; and

  • enforceability,

except where these Terms or applicable law expressly assign an issue to a court.

23.3 Mandatory Pre-Arbitration Notice

Before initiating arbitration, the initiating party must send an individual written Notice of Dispute containing:

  • full name;

  • mailing address;

  • email address associated with the account or order;

  • relevant order number;

  • a detailed description of the claim;

  • the factual and legal basis of the claim;

  • the specific relief requested; and

  • the claimant’s personal signature.

If you initiate the Dispute, notice must be sent by certified mail to:

19th TOUR FLEX GOLF
Attn: Legal Department
30 N Gould St
Sheridan, WY 82801

A copy may also be sent to:

support@19thtourflex.com

The parties shall engage in good-faith efforts to resolve the Dispute for thirty days after receipt of a complete notice.

No arbitration may be filed until this process has been completed, except where applicable law permits urgent interim relief.

23.4 Reservation of Self-Help Remedies

Nothing in this section prevents the Company from exercising lawful self-help remedies, including:

  • responding to chargebacks;

  • pursuing collection efforts;

  • suspending or terminating accounts;

  • cancelling fraudulent orders;

  • withholding Products pending payment;

  • offsetting amounts lawfully owed; or

  • enforcing payment obligations.

23.5 Arbitration Procedure and Enforcement

Arbitration shall be administered by the American Arbitration Association under its applicable Consumer Arbitration Rules.

If the American Arbitration Association declines administration, the parties shall attempt to select another nationally recognised arbitration provider.

If the parties cannot agree, a court of competent jurisdiction may appoint the provider.

Arbitration shall be conducted before one neutral arbitrator.

The arbitrator shall be authorised to award remedies that would be available in an individual action under applicable substantive law, including:

  • compensatory damages;

  • statutory damages;

  • punitive damages where lawfully available;

  • declaratory relief;

  • individual injunctive relief;

  • public injunctive relief where required by law;

  • equitable relief; and

  • legal fees and costs where authorised.

The arbitrator may not award relief on a class, collective, representative or consolidated basis.

The arbitrator will issue a written decision.

The arbitration award shall be final and binding, subject only to the limited review permitted by applicable law.

Judgment on the arbitration award may be entered and enforced by any court of competent jurisdiction.

23.6 Arbitration Costs

Payment of filing, administrative and arbitrator fees shall be governed by the applicable Consumer Arbitration Rules.

To the extent required by those rules or applicable law, the Company will bear arbitration fees exceeding the amount the consumer would be required to pay to file a comparable court action.

Each party shall bear its own legal fees unless otherwise authorised by:

  • applicable law;

  • these Terms; or

  • the arbitrator.

23.7 Location and Format

At the consumer’s election and subject to the applicable rules, arbitration may be conducted:

  • by video conference;

  • by telephone;

  • through written submissions; or

  • in person in the county or equivalent region where the consumer resides.

23.8 Exceptions to Arbitration

Either party may bring an eligible individual claim in small-claims court.

Where permitted by applicable rules, either party may elect small-claims court before an arbitrator is appointed.

Arbitration is not required for:

  • any claim that an applicable federal statute expressly provides cannot be arbitrated;

  • a claim for relief that applicable law prohibits from being arbitrated;

  • a lawful regulatory complaint; or

  • another dispute expressly excluded under these Terms.

23.9 Equitable and Protective Relief; Exclusive Venue

Notwithstanding the arbitration requirement, the Company may seek temporary, preliminary or permanent injunctive, equitable or protective relief in a court of competent jurisdiction for claims involving:

  • intellectual property;

  • trademarks;

  • copyright;

  • trade secrets;

  • confidential information;

  • unauthorised resale;

  • fraudulent transactions;

  • payment abuse;

  • chargeback abuse;

  • malicious Website use;

  • unauthorised access;

  • data or security threats;

  • violation of promotional restrictions;

  • misuse of Company content; or

  • conduct that threatens immediate or irreparable harm.

For the limited claims described in this section, and to the maximum extent permitted by law, you irrevocably:

  • consent to the exclusive jurisdiction of the courts located in Wyoming

  • consent to venue in those courts;

  • waive any objection based on inconvenient forum, improper venue or lack of personal jurisdiction; and

  • agree that the Company may serve process using any method permitted by applicable law.

The Company’s decision to seek protective or equitable relief does not waive its right to:

  • compel arbitration of other claims;

  • seek damages in arbitration;

  • exercise lawful self-help remedies; or

  • enforce any other provision of these Terms.

A request for temporary protective relief does not transfer otherwise arbitrable claims to a court.

23.10 Public Injunctive Relief

To the extent applicable law prohibits waiver or arbitration of a claim for public injunctive relief, that claim may be brought in a court of competent jurisdiction.

All other arbitrable claims seeking monetary, individual or non-public relief shall remain subject to arbitration.

23.11 Regulatory Complaints

Nothing in these Terms prevents you from:

  • reporting conduct to a regulator;

  • communicating with a government agency;

  • cooperating with a lawful investigation; or

  • exercising a right that cannot lawfully be waived.

24. CLASS ACTION WAIVER

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AND THE COMPANY AGREE THAT ALL DISPUTES SHALL BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY.

YOU WAIVE ANY RIGHT TO:

  • PARTICIPATE IN A CLASS ACTION;

  • SERVE AS A CLASS REPRESENTATIVE;

  • PARTICIPATE IN A COLLECTIVE ACTION;

  • ACT AS A PRIVATE ATTORNEY GENERAL;

  • JOIN CLAIMS WITH ANOTHER PERSON; OR

  • CONSOLIDATE CLAIMS.

THE ARBITRATOR HAS NO AUTHORITY TO CONDUCT CLASS, COLLECTIVE OR REPRESENTATIVE PROCEEDINGS.

The interpretation, enforceability or validity of this class-action waiver shall be decided by a court where applicable law requires.

25. MASS ACTION WAIVER

No Dispute shall be brought as a Mass Action to the extent permitted by law.

A “Mass Action” means twenty-five or more similar arbitration demands filed within one hundred eighty days and coordinated by:

  • the same legal representatives;

  • affiliated legal representatives;

  • the same organisation;

  • affiliated organisations; or

  • a common funding source.

Such claims shall not be consolidated or administered collectively without the Company’s consent, except where applicable law or binding arbitration rules require otherwise.

25.1 Batching Procedure

If Mass Action conditions are met:

  • claims may be grouped in batches of no more than two hundred claimants;

  • only one batch shall proceed at a time;

  • a separate arbitrator may be appointed for each batch;

  • remaining claims may be held in abeyance; and

  • applicable limitation periods shall be tolled during the batching process.

Each claimant remains entitled to an individual determination.

25.2 Special Master

A neutral Special Master may be appointed to resolve procedural disputes concerning:

  • whether Mass Action conditions exist;

  • claimant identification;

  • batching;

  • filing requirements;

  • tolling;

  • sequencing; and

  • administration.

26. JURY TRIAL WAIVER

IF A DISPUTE PROCEEDS IN COURT, YOU AND THE COMPANY WAIVE THE RIGHT TO A JURY TRIAL TO THE MAXIMUM EXTENT PERMITTED BY LAW.

27. ARBITRATION OPT-OUT RIGHT

You may opt out of the arbitration provisions within thirty days after first accepting these Terms.

To opt out, you must send a notice by certified mail containing:

  • your full name;

  • postal address;

  • email address associated with your account or order;

  • a clear statement that you are opting out of the arbitration agreement;

  • the date; and

  • your personal signature.

Send the notice to:

19th Tour Flex Golf
Attn: Arbitration Opt-Out
support@19thtourflex.com

30 N Gould St
Sheridan, WY 82801

An opt-out applies only to the individual who sends it.

Opting out of arbitration does not affect the remaining Terms or your ability to purchase Products.

28. CLAIM-SPECIFIC SEVERABILITY

If any portion of the arbitration agreement is found unenforceable as to a particular claim:

  • that claim shall proceed in court to the extent required;

  • all other claims shall remain subject to arbitration; and

  • the enforceable remainder of the arbitration agreement shall continue in effect.

If the class-action waiver is found unenforceable in a manner that would require class arbitration, the agreement to arbitrate shall be void for that class proceeding unless both parties agree otherwise.

29. GOVERNING LAW

Except as otherwise provided in Section 23 and subject to mandatory consumer protections, these Terms shall be governed by the laws of:

Wyoming, United States

without regard to conflict-of-law principles.

The parties submit to the non-exclusive jurisdiction of the courts located in:

Wyoming

Nothing in this section deprives a consumer of mandatory protections available under the law of the country, state or region in which the consumer habitually resides where those protections cannot lawfully be displaced.

For Disputes subject to Section 23, the Federal Arbitration Act governs the arbitration agreement.

30. NOTICE TO CALIFORNIA USERS

If the Website or any service is deemed an electronic commercial service under California Civil Code section 1789.3, California residents may file grievances or complaints with the California Department of Consumer Affairs.

You are encouraged to contact us first so that we may attempt to resolve the issue.

31. TERMINATION

These Terms remain effective unless terminated by you or the Company.

You may terminate your use of the Website by ceasing use of the Website.

We may suspend or terminate access where:

  • you violate these Terms;

  • we reasonably suspect fraud;

  • your conduct threatens Website security;

  • you abuse a promotion;

  • you infringe intellectual-property rights;

  • we are required to do so by law; or

  • continued access creates a material risk to the Company, customers or third parties.

You remain liable for amounts due before termination.

Termination does not affect:

  • an accepted order;

  • rights accrued before termination;

  • outstanding payment obligations;

  • mandatory consumer rights; or

  • provisions intended to survive termination.

32. MISCELLANEOUS

These Terms and incorporated policies constitute the entire agreement between you and the Company concerning the Website and Products.

No waiver shall be deemed continuing.

A failure or delay in exercising a right does not waive that right.

If any provision is invalid or unenforceable, the remaining provisions remain effective.

The Company may assign or transfer these Terms, in whole or in part, without restriction in connection with:

  • a merger;

  • acquisition;

  • financing;

  • corporate reorganisation;

  • sale of assets;

  • sale of the business;

  • transfer to an affiliate; or

  • operation of law.

You may not assign your rights or obligations without prior written consent, except where applicable law provides otherwise.

No person who is not a party to these Terms has a right to enforce them unless expressly stated or required by law.

No ambiguity shall be construed against the drafting party except where applicable law requires otherwise.

Headings are for convenience only.

“Include” and “including” mean “including without limitation.”

References to law include amendments and replacements.

Electronic communications and records constitute writing to the extent permitted by law.

32.1 Order of Priority

If there is a conflict, the following order applies:

  1. mandatory applicable law;

  2. Product- or promotion-specific terms;

  3. the order confirmation;

  4. these Terms;

  5. the Return and Refund Policy;

  6. the Shipping Policy; and

  7. other incorporated policies.

32.2 Survival

The provisions regarding:

  • dispute resolution;

  • arbitration;

  • class-action waiver;

  • mass-action waiver;

  • jury-trial waiver;

  • limitation of liability;

  • indemnification;

  • intellectual property;

  • User Content;

  • payment obligations; and

  • any provision that by its nature should survive

shall survive termination.

32.3 Language

These Terms may be translated for convenience.

Unless applicable law requires otherwise, the English-language version controls where there is an inconsistency.

33. CONTACT INFORMATION AND LEGAL NOTICES

19th Tour Flex Golf
support@19thtourflex.com

30 N Gould St
Sheridan, WY 82801

Except as otherwise provided in Section 20, these Terms shall be governed by the laws of the State of Wyoming, without regard to conflict-of-law principles.

A notice delivered to the customer-support email address does not constitute formal legal notice unless the Company expressly confirms otherwise.

Formal legal notices, arbitration notices and arbitration opt-out notices must be sent using the address specified in these Terms.

Last Updated: 2 August 2026