TYCHE Technologies GmbH (“www.tychegolf.com”) owns and operates this Website. This document governs your relationship with www.tychegolf.com (“Website”). Access to and use of this Website and the products and services available through this Website (collectively, the “Services”) are subject to the following terms, conditions and notices (the “Terms of Service”). By using the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.
Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.
You must not misuse this Website. You will not: commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as “spam”; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offense and www.tychegolf.com will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.
Intellectual Property, Software and Content
The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website remains the property of www.tychegolf.com or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by www.tychegolf.com and its licensors. You may store, print and display the 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 this Website nor may you use any such content in connection with any business or commercial enterprise.
Terms of Sale
By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.
Dispatch times may vary according to availability and subject to any delays resulting from postal delays or force majeure for which we will not be responsible.
In order to contract with www.tychegolf.com you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. www.tychegolf.com retains the right to refuse any request made by you. If your order is accepted we will inform you by email and we will confirm the identity of the party which you have contracted with. This will usually be www.tychegolf.com or may in some cases be a third party. Where a contract is made with a third party www.tychegolf.com is not acting as either agent or principal and the contract is made between yourself and that third party and will be subject to the terms of sale which they supply you. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.
(a) Our Contract
When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the goods which you ordered have been dispatched to you. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.
(b) Pricing and Availability
Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.
Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the ‘Total Cost’.
Upon receiving your order we carry out a standard authorization check on your payment card to ensure there are sufficient funds to fulfil the transaction. Your card will be debited upon authorisation being received. The monies received upon the debiting of your card shall be treated as a deposit against the value of the goods you wish to purchase. Once the goods have been despatched and you have been sent a confirmation email the monies paid as a deposit shall be used as consideration for the value of goods you have purchased as listed in the confirmation email.
Disclaimer of Liability
The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law www.tychegolf.com and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect www.tychegolf.com’s liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
Linking to this Website
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.
Disclaimer as to ownership of trade marks, images of personalities and third party copyright
Except where expressly stated to the contrary all persons (including their names and images), third party trade marks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with [Your Online Store URL] and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on this Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to www.tychegolf.com.
You agree to indemnify, defend and hold harmless www.tychegolf.com, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of the Terms of Service.
www.tychegolf.com shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.
If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.
We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and www.tychegolf.com. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of www.tychegolf.com
Our website may be used without entering personal information. Different rules may apply to certain services on our site, however, and are explained separately below. We collect personal information from you (e.g. name, address, email address, telephone number, etc.) in accordance with the provisions of German data protection statutes. Information is considered personal if it can be associated exclusively to a specific natural person.
Please be aware that data transfer via the internet is subject to security risks and, therefore, complete protection against third-party access to transferred data cannot be ensured.
Our website makes use of so-called cookies in order to recognize repeat use of our website by the same user/internet connection subscriber. Cookies are small text files that your internet browser downloads and stores on your computer. They are used to improve our website and services. In most cases these are so-called “session cookies” that are deleted once you leave our website.
To an extent, however, these cookies also pass along information used to automatically recognize you. Recognition occurs through an IP address saved to the cookies. The information thereby obtained is used to improve our services and to expedite your access to the website.
You can prevent cookies from being installed by adjusting the settings on your browser software accordingly. You should be aware, however, that by doing so you may not be able to make full use of all the functions of our website.
For technical reasons, data such as the following, which your internet browser transmits to us or to our web space provider (so called server log files), is collected: – type and version of the browser you use – operating system – websites that linked you to our site (referrer URL) – websites that you visit – date and time of your visit – your Internet Protocol (IP) address. This anonymous data is stored separately from any personal information you may have provided, thereby making it impossible to connect it to any particular person. The data is used for statistical purposes in order to improve our website and services.
Purpose of Registering
We offer you the opportunity to sign up for our website. The information entered when signing up, as shown in the registration form is collected and stored solely for use by our website. When signing up for our website, we also store your IP address and the date and time you registered. This serves to protect us in the event a third party improperly and without your knowledge makes use of your data to sign up for our site. None of this information is transferred to third parties. Nor is any of this information matched to any information that may be collected by other components of our website.
Our website offers you the opportunity to subscribe to our newsletter. The newsletter provides you periodically with information about our services. To receive our newsletter, we require a valid email address. We will review the email address you provide for the purpose of determining whether you are in fact the owner of the email address provided or whether the actual owner of said address is authorized to receive the newsletter. When subscribing to our newsletter, we will store your IP address as well as the date and time you subscribed. This serves to protect us in the event a third party improperly and without your knowledge makes use of your email address to subscribe to our newsletter. We will not collect any other data. The data thereby collected is used solely for the purpose of receiving our newsletter. No data is transferred to third parties. Nor is any of this information matched to any information that other components of our website may collect. You may cancel your subscription to the newsletter at any time. You will find additional details in the email confirming your subscription as well as in each newsletter.
Use of Google Analytics with anonymization
Our website uses Google Analytics, a web analysis service from Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043 USA, hereinafter referred to as “Google“. Google Analytics employs so-called “cookies“, text files that are stored to your computer in order to facilitate an analysis of your use of the site.
The information generated by these cookies, such as time, place and frequency of your visits to our site, including your IP address, is transmitted to Google’s location in the US and stored there.
We use Google Analytics with an IP anonymization feature on our website. In doing so, Google abbreviates and thereby anonymizes your IP address before transferring it from member states of the European Union or signatory states to the Agreement on the European Economic Area.
Google will use this information to evaluate your usage of our site, to compile reports on website activity for us, and to provide other services related to website- and internet usage. Google may also transfer this information to third parties if this is required by law or to the extent this data is processed by third parties on Google´s behalf.
Google states that it will in never associate your IP address with other data held by Google. You can prevent cookies from being installed by adjusting the settings on your browser software accordingly. You should be aware, however, that by doing so you may not be able to make full use of all the functions of our website.
Google also offers a disabling option for the most common browsers, thus providing you with greater control over the data which is collected and processed by Google. If you enable this option, no information regarding your website visit is transmitted to Google Analytics. However, the activation does not prevent the transmission of information to us or to any other web analytics services we may use. For more information about the disabling option provided by Google, and how to enable this option, visit https://tools.google.com/dlpage/gaoptout?hl=en
Use of Facebook components
Our website employs components provided by facebook.com. Facebook is a service of Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA.
Each time our website receives an access request equipped with a Facebook component, the component prompts your browser to download an image of this Facebook component. Through this process, Facebook is informed precisely which page of our website is being visited.
When you access our site while logged into Facebook, Facebook uses information gathered by this component to identify the precise page you are viewing and associates this information to your personal account on Facebook. Whenever you click on the “Like“ button, for example, or enter a comment, this information is transmitted to your personal account on Facebook and stored there. In addition, Facebook is informed of your visit to our website. This occurs regardless of whether you click on a component or not.
If you wish to prevent the transfer to and storage of data by Facebook about you and your interaction with our website, you must first log out of Facebook before visiting our website. The data protection policies of Facebook provide additional information, in particular about the collection and use of data by Facebook, your rights in this regard as well as the options available to you for protecting your privacy: https://de-de.facebook.com/about/privacy/
In addition, tools are freely available on the market that can be used to block Facebook social plug-ins with add-ons from being added to all commonly used browsers: http://webgraph.com/resources/facebookblocker/
You can find an overview of Facebook plugins at https://developers.facebook.com/docs/plugins/
Use of LinkedIn recommendation components
Our website employs components provided by the network LinkedIn. LinkedIn is a service of LinkedIn Corporation, 2029 Stierlin Court, Mountain View, CA 94043, USA. Each time our website receives an access request equipped with a LinkedIn component, the component prompts your browser to download an image of this component from LinkedIn. Through this process, LinkedIn is informed exactly which page of our website is being accessed. By clicking the LinkedIn “recommend button“ while logged into your LinkedIn account, you can link content from our website to your LinkedIn profile. This allows LinkedIn to associate your visit to our site with your LinkedIn account.
Use of YouTube components with enhanced data protection mode
On our website we use components (videos) of YouTube, LLC 901 Cherry Ave., 94066 San Bruno, CA, USA, a company belonging to Google Inc., Amphitheatre Parkway, Mountain View, CA 94043, USA.
To this end, we use the “ – enhanced data protection mode – ” option provided by YouTube.
When you display a page that has an embedded video, a connection will be made to the YouTube server and the content will appear on the website via a communication to your browser.
According to the information provided by YouTube, in “ – enhanced data protection mode -”, data is only transferred to the YouTube server, in particular which of our websites you have visited, if you watch the video. If you are logged onto YouTube at the same time, this information will be matched to your YouTube member account. You can prevent this from happening by logging out of your member account before visiting our website.
Further information about data protection by YouTube is provided by Google under the following link:
Use of MailChimp
You will be asked to consent to the use of your personal data to receive our newsletter as follows:
We use the newsletter to provide you with regular updates about our offers. To receive our newsletter, you will need a valid email address. We will then check the email address entered to ensure that you are actually its owner or if its owner has agreed to receive our newsletter. By registering for the newsletter, we will save your IP address and date and time of registration. This will be used in case a third party misuses your email address to subscribe to our newsletter without your knowledge.
We will not compare the data collected during newsletter registration with any other data that might be collected by other components of our site.
Newsletter by MailChimp
We use MailChimp to send our newsletter to our subscribers. MailChimp is a service provided by The Rocket Science Group, LLC, 512 Means Street, Suite 404, Atlanta, GA 30318, USA.
The data stored when you registered for the newsletter (email address, name, IP address, and time and date of registration) will be sent to a server operated by The Rocket Science Group in the United States and stored there in accordance with its Safe Harbour Agreement.
Further information about the data protection offered by MailChimp can be found at:
You may cancel your newsletter subscription and revoke your consent to the storage of this data at any time with future effect. For instructions to take this step, please refer to the confirmation email and each newsletter.
Our newsletter includes so-called web bugs that allow us to recognise if and when an email has been opened and which links in the email have been clicked by its recipient.
This data is stored by us so that we can best align our newsletter to the wishes and interests of our subscribers. Accordingly, the data thus collected is used to send personalised newsletters to each recipient.
You will be asked to consent to the use of your personal data as follows:
“I agree that my data and my user responses will be stored electronically by newsletter tracking so that I can receive a personalised newsletter. The revocation of the consent to receive the newsletter constitutes a revocation of the consent for the tracking described above.”
By revoking the consent to receive the newsletter, the consent to the aforementioned tracking is revoked.
The use of Instagram
We promote the service Instagram on our website. Instagram is a service of Instagram Inc. By means of the integrated “Insta” button on our page, Instagram receives the information that you have accessed the corresponding page of our website. If you are logged into Instagram, Instagram may assign the visit to our site to your Instagram account and link the data by this means. The data transmitted by clicking the “Insta” button is stored by Instagram. You can find more information regarding the purpose and scope of data collection, its processing and use, as well as your related rights and settings options for protecting your privacy in the Instagram data protection notice under https://help.instagram.com/155833707900388.
To prevent your visit to our site from being accessed by your Instagram account, you must log out of your Instagram account before visiting our site.
Use of Google-Adwords
For purposes of promotion, our website also employs the Google ad tool “Google-Adwords”. As part of this, our website employs the analysis service “Conversion-Tracking” from Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043 USA, hereinafter referred to as “Google“. If you access our site by way of a Google ad, a cookie is placed on your computer. Cookies are small text files that your internet browser downloads and stores to your computer. These so-called “conversion cookies” cease to be active after 30 days and are not used to identify you personally. If you visit certain pages of our website while the cookie is still active, we and Google know that you, as user, have clicked on ads placed on Google and were redirected to our site. Google uses the information obtained through “conversion cookies” to compile statistics for our website. These statistics tell us the total number of users who have clicked on our ad as well as which pages of our site were then accessed by each user. However, neither we nor other advertisers who use “Google-Adwords” receive any kind of information that can be used to personally identify users. You can prevent the installation of “conversion cookies” by making the appropriate change to your browser settings, for example by setting your browser so that the automatic placement of cookies is deactivated or by blocking cookies from the domain “googleadservices.com“.
Use of Google AdSense
Our website employs Google AdSense. Google AdSense is a service of Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043 USA, for incorporating advertisements. Google-AdSense uses so-called “cookies“, text files, that are stored to your computer and which provide analysis of the use of our website. Furthermore, Google AdSense uses so-called “web beacons“. Web beacons allow Google to analyze information, such as visitor traffic to our website. This information, along with your IP address and the ad format displayed, is transmitted to Google in the US where it is stored and may be transferred by Google to contracting partners. However, Google does not merge your IP-address with other stored data on you. You can prevent cookies from being installed by adjusting the settings on your browser software accordingly. You should be aware, however, that by doing so you may not be able to make full use of all the functions of our website. By using our website you declare that you agree to the processing of data collected about you by Google in the manner previously described and for the purposes there specified.
Publication of vacancy announcements / job applications
We electronically collect and process your application data for the purpose of completing the application process. If your application results in the conclusion of an employment contract, the data collected from you may be stored in your personnel file for purposes of normal organizational and administrative processes in compliance with appropriate legal requirements.
Upon rejection of your application, data you have provided is automatically deleted two months after notification of rejection. This does not apply in such instances where, due to legal requirements (such as the burden of proof obligation stipulated in the Equal Treatment Act) a longer storage period is necessitated or when you expressly agreed to have your data stored for a longer period in our database of prospective applicants.
On the basis of the Federal Data Protection Act, you may contact us at no cost if you have questions relating to the collection, processing or use of your personal information, if you wish to request the correction, blocking or deletion of the same, or if you wish to cancel explicitly granted consent. Please note that you have the right to have incorrect data corrected or to have personal data deleted, where such claim is not barred by any legal obligation to retain this data.
Limitation of liability for internal content
The content of our website has been compiled with meticulous care and to the best of our knowledge. However, we cannot assume any liability for the up-to-dateness, completeness or accuracy of any of the pages.
Once we have become aware of a specific infringement of the law, we will immediately remove the content in question. Any liability concerning this matter can only be assumed from the point in time at which the infringement becomes known to us.
Limitation of liability for external links
Our website contains links to the websites of third parties (“external links”). As the content of these websites is not under our control, we cannot assume any liability for such external content. In all cases, the provider of information of the linked websites is liable for the content and accuracy of the information provided. At the point in time when the links were placed, no infringements of the law were recognisable to us. As soon as an infringement of the law becomes known to us, we will immediately remove the link in question.
The content and works published on this website are governed by the copyright laws of Germany. Any duplication, processing, distribution or any form of utilisation beyond the scope of copyright law shall require the prior written consent of the author or authors in question.
A visit to our website can result in the storage on our server of information about the access (date, time, page accessed). This does not represent any analysis of personal data (e.g., name, address or e-mail address). If personal data are collected, this only occurs – to the extent possible – with the prior consent of the user of the website. Any forwarding of the data to third parties without the express consent of the user shall not take place.
We would like to expressly point out that the transmission of data via the Internet (e.g., by e-mail) can offer security vulnerabilities. It is therefore impossible to safeguard the data completely against access by third parties. We cannot assume any liability for damages arising as a result of such security vulnerabilities.
The use by third parties of all published contact details for the purpose of advertising is expressly excluded. We reserve the right to take legal steps in the case of the unsolicited sending of advertising information; e.g., by means of spam mail.