Terms of service

Terms and Conditions


AGREEMENT BETWEEN USER AND GASTRAU’S GOLF CENTER

Welcome to gastrausgolfcenter.com. The Gastrau’s Golf Center website (the “Site”) is comprised of various web pages owned and operated by Gastrau’s Golf Center Inc. (“Gastrau’s”) Gastrausgolfcenter.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”) Your use of gastrausgolfercenter.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference. 


Gastrausgolfcenter.com is an E-Commerce and informative site.


Gastrau’s is intended to be an E-Commerce site that provides golf equipment including, but not limited to golf clubs, apparel, golf bags, and other miscellaneous accessories. We also provide information regarding our brick-and-mortar retail facility that offers in-person shopping as well as entertainment activities including a driving range and miniature golf.


When buying an item, you agree that: (i) you are responsible for reading the full item listing before making a commitment to buy it: (ii) you enter into a legally binding contract to purchase an item when you commit to buy an item and you complete the check-out payment process.


The prices we charge for using our services or for our products are listed on the website. We reserve the right to change our prices for products displayed at any time, and to correct pricing errors that may inadvertently occur. Additional information about pricing and sales tax is available on the payments page.


The fee for the club fittings and any other charges you may incur in connection with your use of the service, such as taxes and possible transaction fees, will be taken off the price of the golf clubs if an individual purchases clubs through Gastrau’s Golf Center after the club fitting has taken place.


ELECTRONIC COMMUNICATIONS

Visiting gastrausgolfcenter.com or sending emails to Gastrau’s constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notice, disclosures and other communications that we provide to you electronically, via email and or the Site, satisfy any legal requirement that such communications be in writing.


YOUR ACCOUNT

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Gastrau’s is not responsible for third party access to your account that results from theft or misappropriation of your account. 


TERMINATION

You or Gastrau’s Golf Center may suspend or terminate your account or your use/access of a Site at any time, for any reason or no reason. You are personally liable for any activity prior to such termination, including any orders that you place or charges that you incur prior to termination. Gastrau’s reserves the right to change, suspend, or discontinue all or any aspect of the Sites at any time without notice except as provided in these Terms.

 

 

RESTRICTIONS ON USE OF THE SITES

You agree that you will access and use the Site only in a lawful manner and only in accordance with these Terms. Additionally, you agree that you will not;


  1. Gain access, or attempt to gain access to any portion of a site, or any systems or networks connected to a Site, by hacking, password mining or any other illegitimate or unlawful means;
  2. Modify the information or materials located on a Site in any way or reproduce or publicly display, perform, or distribute or otherwise use any such materials for any public, non-personal or commercial purpose;
  3. Use any deep-link, page-scrape, robot, spider, website search application or other automatic device, program or methodology, or any similar or equivalent manual process, to access, copy, retrieve, monitor, mirror, reproduce or index the Site, or any portion of the Site;
  4. Collect any data or information regarding users and/or devices including usernames, personal information, preferences, email addresses or accounts;
  5. Create or transmit unsolicited electronic communications, such as span, use any device, software or routine to interfere or attempt to interfere with the proper working of the site, or otherwise interfere with users’ enjoyment of the site;
  6. Transmit or upload to the Site any item containing or embodying any virus, worm, defect, trojan horse, software bomb or other harmful or malicious code or feature that does or could interfere with, damage or degrade in any manner the performance or security of the Site or adversely affect a user;
  7. Submit or post to the site any content that is unlawful or facilitates, constitutes, promotes or encourages illegal activity or otherwise use the Site to transfer, communicate or store illegal material;
  8. Attack the Site via a denial-of-service attack or a distributed denial-of-service attack or similar means.

PRODUCT INFORMATION

Most Gastrau’s Golf Center products displayed at the site are available in our physical retail stores while supplies last. In some cases, products displayed for sale at the site. The prices displayed at the Site are quoted in U.S. Dollars and are valid and effective only in the United States.


CONTENT, PRICING AND ACCURACY

All features, content, availability, specifications, products and prices of products and services described or depicted on the Sites are subject to change at any time without notice. The inclusion of any products, or services on the Site at a particular time does not imply or warrant that these products or services will be available at any time. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. We attempt to ensure that information on the Site is complete, accurate, and up-to-date, including the applicable colors; however, the actual color you see depends on device set-up, and we cannot guarantee that your device will accurately display the color. Despite our best efforts, the information may occasionally be inaccurate, incomplete or out-of-date. For example, products or services listed on the site may be unavailable, may have different attributes then listed, or may carry a different price than what is stated on the Site. In the event of a pricing error or discrepancy on the Site with respect to products or services, we reserve the right to cancel any orders (or partial orders) for such products, or services.



INTELLECTUAL PROPERTY AND CONTENT

The intellectual property rights in all content made available to you on or through the site remains the property of Gastrau’s Golf Center or its licensors and are protected by copyright laws in the U.S. You may store, print and display content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute, or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on the site nor may you use any such content in connection with any business or commercial enterprise.


DISCLAIMERS

We do not warrant and cannot warrant that the Site or its servers will be error-free, uninterrupted, free from viruses and/or unauthorized access, or otherwise meet your requirements.


Your use of the site (including any element of the site) and of any user content, is at your own risk. The information, materials, products and services provided on or in connection with the site are provided “as is”, “as available”, and without any warranties of any kind. Neither Gastrau’s Golf Center, nor any of its affiliates, service providers or suppliers, warrant the accuracy or completeness of the information, materials, products or services provided on or through the sites may be out-of-date, and neither Gastrau’s Golf Center, nor any of its affiliates, service providers, or suppliers make any commitment or assume any duty to update such information, materials, or services. All products and services purchased on or through the site are subject to only applicable warranties of their respective manufacturers, distributors and suppliers, if any, and to the fullest extent permissible by applicable law, Gastrau’s Golf Center hereby disclaims all warranties of any kind, either express or implied, including any implied warranties with respect to the products and services listed or purchased on or through the site. Gastrau’s Golf Center hereby expressly disclaims all liability for product or service defects or failures, claims that are due to normal wear, product misuse, abuse, product modification, improper product selection, non-compliance with any codes, or misappropriation (including unauthorized access or misappropriation of your personal information). Information about content, quality, performance or features of third-party products is provided by the manufacturer/supplier, not Gastrau’s Golf Center and Gastrau’s Golf center makes no warranties with respect to such information. We make no warranties to those defined as “consumers” in the Magnuson-Moss Warranty-Federal Trade Commission Improvements Act.


The exclusions of implied warranties do not apply to the extent prohibited by law. Please refer to your local laws for any such prohibitions.


CONFIRMATION, CANCELLATION AND COUPONS

While we confirm online orders via email, the receipt of an email order confirmation does not constitute our acceptance of an order nor our confirmation of an offer to sell a product or service. We reserve the right, without prior notice and at any time: (a) to limit the order quantity on any product or service and/or refuse service or fulfillment of any order or to any customer; (b) to discontinue any product or service; (c) to bar any user from making or completing a transaction; and (d) to limit or impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion.


Orders may be limited or canceled at any time including after receipt of a confirmation email. We also may require additional information and/or verification of information prior to the acceptance and/or shipment of any order.


Taxes will be based on applicable sales tax found in the state of Wisconsin at the time of purchase.




SHIPPING CHARGES AND LIMITATIONS

When a product order is placed for delivery, it will be shipped to the address designated by the purchaser, as long as such shipping address is compliant with the shipping restrictions contained on the Site (All Contiguous U.S. States). All deliveries of product purchases from a Site are made pursuant to a shipment contract. As a result, risk of loss and title for products purchased from a Site pass to you upon delivery to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments. Some items ordered from the Site may be available for pick up in our physical store. If an item is available for pick up, you will be presented with the option to do so when selecting your item for purchase. After placing your order (if elected), we will send you an email with an estimated pick up time. We will also send a confirmation email confirming that the order is ready. All pick up times are estimates and we don’t guarantee that your order will be available at any specific time. Gastrau’s Golf Center will not have any liability for any order delays.


NO LIABILITY

Subject to applicable law, including with respect to liability for personal injury or non-waivable statutory rights under Wisconsin law, in no event shall Gastrau’s Golf Center or its officers, directors, employees, vendors, parties involved in the creation of the website, or agents (A) be liable to the user with respect to use of the sites, the content or the materials contained in or accessed through the sites (including without limitation any damages caused by or resulting from reliance by a user on any information obtained from Gastrau’s Golf Center), or any damages that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction, or unauthorized access to Gastrau’s Golf Center’s records, programs or services; and (B) be liable to the user for any indirect, special, incidental, consequential, punitive or exemplary damages, including, without limitation, damages for loss of goodwill, lost profits, loss, theft or corruption of user information, or the inability to use the sites or any of their features. 


The user’s sole remedy is to cease use of the sites.


THIRD PARTY LINKS

Our site may contain links to and/or functionality interacting with third party sites that are not owned, operated or controlled by Gastrau’s Golf Center. All such links and/or functionality are provided solely as a convenience and do not constitute an endorsement by Gastrau’s Golf Center. If you use these links, you will leave the site. We are not responsible for any content, materials or other information located on or accessible from any other site. We do not endorse, guarantee, or make any representations or warranties regarding any other site; any content, materials or other information located or accessible from such sites; or any results that you may obtain from such sites. We also do not guarantee that links and/or functionality provided by third parties will be available or error-free, uninterrupted, free from viruses and/or unauthorized access, or otherwise meet your requirements.


IF YOU DECIDE TO ACCESS ANY OTHER SITE LINKED TO OR FROM OUR SITE, YOU DO SO ENTIRELY AT YOUR OWN RISK.


INTERNATIONAL USERS

The Service is controlled, operated and administered by Gastrau’s from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Gastrau’s Content accessed through gastrausgolfcenter.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.


INDEMNIFICATION

You agree to indemnify, defend and hold harmless Gastrau’s, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Gastrau’s reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Gastrau’s in asserting any available defenses.


ARBITRATION

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.


CHANGES TO TERMS

Gastrau’s reserves the right, in its sole discretion, to change the Terms under which gastrausgolfcenter.com is offered. The most current version of the Terms will supersede all previous versions. Gastrau’s encourages you to periodically review the Terms to stay informed of our updates.


CONTACT US

Gastrau’s welcomes your questions or comments regarding the Terms:


Gastrau’s Golf Center Inc.

1300 E. Rawson Avenue 

Oak Creek, Wisconsin 53154


Email Address:

gastrausmanager@gmail.com


Telephone Number:

(414)-571-7002


EFFECTIVE AS OF NOVEMBER 12, 2022