Terms of Sale

 

TERMS AND CONDITIONS FOR THE ONLINE SALE OF GOODS AND SERVICES

  1. THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
    THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
    BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS WEBSITE OR BY PLACING AN ORDER OVER THE PHONE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS. YOU AFFIRM THAT IF YOU PLACE AN ORDER ON BEHALF OF AN ORGANIZATION OR COMPANY, YOU HAVE THE LEGAL AUTHORITY TO BIND ANY SUCH ORGANIZATION OR COMPANY TO THESE TERMS AND CONDITIONS.
    YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE OR OVER THE PHONE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH CARL’S PLACE LLC, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.

    These terms and conditions (these "Terms") apply to the purchase and sale of products and services through https://www.carlofet.com (the "Site"). These Terms are subject to change by Carl’s Place LLC (referred to as "us", "we", or "our" as the context may require) without prior written notice at any time, in our sole discretion. Any changes to the Terms will be in effect as of the "Last Updated Date" referenced on the Site. You should review these Terms prior to purchasing any product or services that are available through this Site. Your continued use of this Site after the "Last Updated Date" will constitute your acceptance of and agreement to such changes.
    These Terms are an integral part of the Website Terms of Use that apply generally to the use of our Site. You should also carefully review our Privacy Policy before placing an order for products or services through this Site (see Section 8).

  2. Order Acceptance and Cancellation

    You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered.

  3. Prices and Payment Terms

    1. All prices, discounts, and promotions posted on this Site are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling (see Section 4(a) for information on charges related to shipping and handling). We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
    2. We may offer from time to time promotions on the Site that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
    3. Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order. We accept Visa, Mastercard, Discover, American Express, PayPal, and Venmo for all purchases. You represent and warrant that (i) the credit card information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Site at the time of your order.

  4. Shipments; Delivery; Title and Risk of Loss

    1. We will arrange for shipment of the products to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during ordering process. Shipping and handling charges are reimbursement for the costs we incur in the processing, handling, packing, shipping, and delivery of your order.
    2. Title and risk of loss pass to you upon our transfer of the products to the carrier/delivery. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments. Please see our Shipping and Returns policy (available at https://www.carlofet.com/shipping-and-returns for more details (“Shipping and Returns Policy”).

  5. Returns and Refunds

    Please see our Shipping and Returns Policy (available at https://www.carlofet.com/shipping-and-returns) for our terms and conditions related to returns and refunds. The Shipping and Returns Policy is incorporated herein by reference and may be amended from time to time in our sole discretion.

  6. Manufacturer's Warranty and Disclaimers

    The products and services offered on our Site may be covered by the manufacturer's warranty as detailed in the product's description on the manufacturer’s website or as otherwise provided by the manufacturer, and to the extent we are contractually permitted to pass through any warranty from a manufacturer we will make reasonable efforts to do so. To obtain warranty service for defective products, please follow the instructions included in the manufacturer's warranty.
    1. Trackman Products: Please note that by purchasing Trackman products through our Site, you agree to abide by Trackman's general terms for purchase and their terms of software, which can be found on their website. 

    WE STRIVE TO PROVIDE THE BEST PRODUCTS AND SERVICES POSSIBLE, HOWEVER, YOU UNDERSTAND AND AGREE THAT ALL PRODUCTS AND SERVICES OFFERED ON THIS SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.
    SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
    YOU AFFIRM THAT WE SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY BREACH OF WARRANTY CLAIMS OR FOR ANY DAMAGES ARISING OUT OF THE MANUFACTURER'S FAILURE TO HONOR ITS WARRANTY OBLIGATIONS TO YOU.

  7. Limitation of Liability

    IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.
    OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS AND SERVICES YOU HAVE ORDERED THROUGH OUR SITE.
    The limitation of liability set forth above shall : (i) only apply to the extent permitted by law; and (ii) not apply to (A) liability resulting from our gross negligence or willful misconduct and (B) death or bodily injury resulting from our acts or omissions.

  8. Privacy

    We respect your privacy and are committed to protecting it. Our Privacy Policy, https://www.carlofet.com/privacy-notice, governs the processing of all personal data collected from you in connection with your purchase of products or services through the Site.

  9. Force Majeure

    We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

  10. Governing Law and Jurisdiction

    This Site is operated from the US. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of Wisconsin without giving effect to any choice or conflict of law provision or rule (whether of the State of Wisconsin or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Wisconsin.

  11. Dispute Resolution and Binding Arbitration.

    1. YOU AND CARL’S PLACE LLC ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
      ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
    2. The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by this Section (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.
      The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction.
    3. You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention do so within 60 days of your purchase. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.
      If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.

  12. Assignment

    You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section 12 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.

  13. No Waivers

    The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Carl’s Place LLC.

  14. No Third-Party Beneficiaries

    These Terms do not and are not intended to confer any rights or remedies upon any person other than you.

  15. Notices

    • To You. We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide or (ii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
    • To Us. To give us notice under these Terms, you must contact us as by personal delivery, overnight courier, or registered or certified mail to Carl’s Place LLC 1650 Putman Pkwy, Milton, WI 53563. We may update the address for notice to us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.

  16. Severability

    If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.

  17. Entire Agreement

    Our order confirmation, these Terms, the license agreement relating to any product or service you obtain on or through this Site, our Website Terms of Use and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.

  18. Installation Services

    By purchasing installation services, you agree that the following terms and conditions apply to you, in addition to the rest of the Terms:

    Carl’s Place Does Not Provide Installation Services
    Carl's Place acts solely as a finder for installation services and is not responsible for the actual installation process. Installation services are performed by independent third-party companies with which Carl's Place maintains separate agreements. The installer is an independent entity, and Carl's Place has no control over or responsibility for the installation process or the results of the installation. Carl's Place does not make any express or implied warranties, representations, or guarantees with respect to the quality or completeness of the installation services. Any concerns, complaints, claims, or issues with the installation services must be addressed directly with the installation provider.

    Scope of Installation Services
    The installation service fee is based on the products you purchased in addition to the installation service package or tier you purchased. The installation services are explicitly limited to covering the following products/components/services:
    • Basic Installation Service Package: Assembly of enclosure kits and installation of built-in screens, built-in panels, and curtains.
    • Advanced Installation Service Package: Basic Installation Services plus mounting the projector, optimizing the projector image, placement or mounting of the launch monitor, golf hitting mat placement and setup, software setup and configuration, and customer training on the use of the golf simulator.

      None of the installation services include cable management, electrical work, room or structural modifications, custom cabinetry, custom turfing solutions, or computer troubleshooting. This list is not exhaustive and is provided to clarify what is included and excluded in the installation services you have purchased.


    Installation Fee
    The installation fee you pay is final and non-refundable. 
    Additional Services and Modifications
    You may request to expand the scope of installation services directly with your installation provider. Any such modifications or additional service requests will be managed solely between you and the installation provider. Additional fees for expanded services will be your sole responsibility and must be paid directly to the installation provider. We recommend beginning these conversations as early as possible to ensure adequate time for preparation, ordering additional products, or coordinating with third-party contractors. Changes to the scope of services may delay the scheduled installation, and our installation providers may not be able to accommodate all requests and reserve the right to decline additional services.
    Scheduling and Timeline Expectations
    Due to factors such as availability, travel requirements, and shipment timelines, specific installation dates or timelines are not guaranteed. Our installation providers will work with you to schedule a mutually convenient installation date, taking into account the availability of their team and the arrival of all required products.
    Shipping and Installation Scheduling
    Most products include free shipping, except items that ship by freight. Any additional freight shipping fees are automatically added to the installation service fee. All products will be shipped directly to the shipping address you provide and may arrive prior to the scheduled installation date. You are responsible for the storage, handling, and safekeeping of products before installation.
    Customer Responsibilities
    You are responsible for ensuring that the installation space is clean, safe, accessible, and meets the physical size requirements for all products and components of the installation service. You must be present during the installation and ensure that all required products are on-site, fully operational, and ready for installation. You are responsible for confirming that your computer meets the necessary system requirements for the simulator components, installing all relevant software, and performing any software and firmware updates before the installation date. Any failure to meet these requirements may result in delays or additional costs.
    Communication Responsibilities
    All communications regarding installation services including scheduling, modifications, site preparation, safety protocols, technology requirements, and post-installation support must be conducted directly between you and the installation provider. Carl's Place will not participate in or be responsible for these communications once installation services have been purchased.
Last Updated: October 2024