This web site at www.goldengoodsusa.com (the “Web Site”) is provided by Golden Goods USA.
IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE WEB SITE.
These Terms and Conditions were last updated on July 1, 2019.
Your use of the Website shall be deemed to constitute your consent to be bound by this Agreement and shall be enforceable in the same way as if you had signed this Agreement. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, PLEASE DO NOT USE THE WEBSITE, DO NOT ORDER, AND DO NOT USE GOLDEN GOODS USA PRODUCTS.
THIS AGREEMENT INCLUDES A MANDATORY ARBITRATION AGREEMENT, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY CLAIM TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEEDING IN COURT. IF YOU WANT TO OPT-OUT OF THIS MANDATORY ARBITRATION AGREEMENT, BELOW DESCRIBES THE PROCEDURES YOU MUST FOLLOW TO DO SO. THE ARBITRATION AGREEMENT ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY CLAIM INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION.
User Eligibility. goldengoodsusa.
This is a general audience Web Site and users of all ages are welcome to browse the Web Site. However, if you are under the age of 13, you should not provide any information about yourself on or through the Web Site, including, but not limited to, your name, address, email address, phone number and other personally identifiable information.
By making a User Communication, you represent and warrant (i) you own all right, title and interest in and to the User Communication, or you have the necessary approvals and permissions to grant the User Communications License described above, (ii) the User Communication, and the exercise by us of the rights granted it under the User Communications License in relation to such User Communication, does not violate applicable law or the intellectual property rights or other rights of others, including, but not limited to, patent, trade secret, copyright, trademark, publicity, privacy and contract rights of others and (ii) the User Communication does not contain software viruses, spiders, spybots, commercial solicitation, chain letters, mass mailings, any form of spam, or any other content that is prohibited under these Terms and Conditions.
We do not guarantee that User Communications will not be lost or damaged or that you will be able to retrieve User Communications.
4. Prohibited Submissions. You are prohibited from posting or transmitting any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. In addition to any remedies that we may have at law or in equity, if we reasonably determine that you have violated or are likely to violate the foregoing prohibitions, we may take any action they reasonably deem necessary to cure or prevent the violation, including without limitation, the immediate removal from this Web Site of the related materials. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.
5. Ownership and Permitted Use of Content. The Web Site design and all text, graphics, information, trademarks, service marks, trade names, photographs, advertisements, content, and other material displayed on or that can be downloaded from this Web Site (the “Content”) are either the property of, or used with permission by, Golden Goods USA. The ownership of all Content is retained by its owner. You may not (i) modify the information or materials located on this Web Site in any way or reproduce or publicly display, perform, or distribute or otherwise use any such materials for any public or commercial purpose or (ii) remove, obscure or otherwise deface proprietary notices appearing on any Content, including copyright, trademark and other intellectual property notices. The Content is protected by copyright, trademark and other laws and international treaty provisions and may not be used except as permitted in these Terms and Conditions or with the prior written permission of the owner of such Content. Any unauthorized use by you of such Content may subject you to civil and criminal penalties.
6. Trademarks. Certain trademarks, trade names, service marks and logos used or displayed on this Web Site are registered and unregistered trademarks, trade names and service marks of us and our affiliates. Other trademarks, trade names and service marks used or displayed on this Web Site are the registered and unregistered trademarks, trade names and service marks of their respective owners. Nothing contained on this Web Site grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on this Web Site without the written permission of us or such third-party owner.
7. Prohibited Actions. While visiting the Web Site and participating in, accessing and using the Features (cumulatively “Using the Web Site”), you must conduct yourself in a polite, courteous and respectful manner, comply with all applicable laws, rules and regulations and supply truthful and non-misleading information. For example, you may not, while Using the Web Site: request, or otherwise attempt to harvest, obtain or store, personal information, passwords, account information or any other type of information relating to other users; access or use another person’s account; disguise the origin of User Communication; alter, modify, frame, or “mirror” any Content; create a deep-link to our Web Site by by-passing our Web Site’s home page; use any data mining, robots, or similar data-gathering and extraction tools in connection with the Web Site; inhibit, disrupt, or otherwise prevent anyone from using or accessing the Web Site or interrupt any user’s experience on the Web Site, including, but not limited to, acting in any manner that disrupts users’ real-time exchanges; interfere with or disrupt the Web Site, or servers or network connections to the Web Site, disobey any requirements, procedures, policies or regulations of networks connected to the Web Site; modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Web Site; or attempt to gain unauthorized access to the Web Site (or any portion thereof).
8. Availability of Products, Services, Features and Content. All Features, Content, Products and services available on or through the website, including, but not limited to, prices of such products and services, are subject to change at any time without notice. In addition, any Feature, Content, product or service may be discontinued at any time in our sole discretion. The inclusion of any Features, Content, products or services in this Web Site at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any service or product purchased from this Web Site.
9. Delivery. You will be given various options for delivery of items during the order process. The options available to you will vary depending on where you are ordering from. An estimated delivery time is displayed on the order summary page. On placing your order, you will receive an email containing a summary of the order and also the estimated delivery time to your location. Sometimes, delivery may take longer due to unforeseen circumstances. In such cases, we will proactively reach out to you by email and SMS. However, we will not be able to compensate for any mental agony caused due to delay in delivery.
10. Payment. Upon receiving your order we carry out a standard pre-authorization check on your payment card to ensure there are sufficient funds to fulfill the transaction. Goods will not be dispatched until this pre-authorization check has been completed. Your card will be debited once the order has been accepted.
11. Accuracy of Information. Golden Goods USA takes reasonable efforts to ensure that information on this Web Site is complete, accurate and current. Despite our efforts, however, the information on this Web Site may occasionally be inaccurate, incomplete or out of date. Weights, measures, product descriptions, recommendations, commentary regarding products and similar descriptions are provided for convenience purposes only and may be approximations. We make reasonable efforts to accurately display the attributes of our products and services available for order, including the applicable colors; however, the actual color you see will depend on your computer system and we cannot guarantee that your computer will accurately display such colors. The Golden Goods USA Parties make no representation as to the completeness, accuracy or timeliness of any information on this Web Site. For example, products included on the Web Site may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on the Web Site. In addition, Golden Goods USA may make changes in information about price and availability without notice.
12. Linking to this Web Site. Creating or maintaining any link from another Web site to any page on this Web Site without Golden Goods USA prior written permission is prohibited. Any permitted links to this Web Site must comply will all applicable laws, rule and regulations.
13. Changes to the Terms and Conditions. Golden Goods USA reserves the right, in our sole discretion, to revise, change, or modify (cumulatively “Revisions”) these Terms and Conditions at any time upon advance notice to you. We may notify you of such Revisions to these Terms and Conditions in any manner we chose that complies with law, including, but not limited to, posting a notice of such changes on the Web Site. Your continued use of the Web Site following our notice to you of Revisions to these Terms and Conditions signifies your agreement to be bound by the revised Terms and Conditions.
14. Applicability of Additional Terms and Conditions. Additional or different terms and conditions (“Other Terms”) may apply in connection with certain Features (e.g. testimonials, sweepstakes or contest entries). If applicable, these Other Terms will be set forth (i) where you are permitted to submit Content, access or use Features, or purchase products and services, or (ii) in a link adjacent to where you are permitted to submit Content, access Features, or purchase products and services. These Other Terms are incorporated into and made a part of these Terms and Conditions by reference. In the event Other Terms conflict with these Terms and Conditions, the Other Terms shall control with respect to the subject matter to which such Other Terms apply.
15. Third Party Links. From time to time, this Web Site may contain links to Web sites that are not governed by these Terms and Conditions (the “Linked Web Sites”). All such links are provided solely as a convenience to you. If you use these links, you will leave this Web Site. The Golden Goods USA Parties are not responsible for any content, materials or other information located on or accessible from any other web site. The Golden Goods USA Parties do not endorse, guarantee, or make any representations or warranties regarding any other web site, or any content, materials or other information located on or accessible from such web sites, or the results that you may obtain from using such web sites. If you decide to access any other web site linked to or from this Web Site, you do so entirely at your own risk. You should review the policies and terms and conditions associated with Linked Web Sites closely before using, submitting information to such Linked Web Sites, and allowing children to visit Linked Web Sites.
16. Disclaimer of Warranty. YOUR USE OF THIS SITE IS AT YOUR RISK. THE WEB SITE IS PROVIDED “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE.” AS TO THE WEB SITE, TO THE FULLEST EXTENT PERMITTED BY LAW, THE GOLDEN GOODS USA PARTIES EXPRESSLY DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ANY CONTENT DOWNLOADED, OR OTHERWISE OBTAINED BY USING THE WEB SITE, SHALL BE SO OBTAINED AT YOUR OWN DISCRETION AND RISK. THE GOLDEN GOODS USA PARTIES WILL NOT BE RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM OBTAINING ANY CONTENT FROM THE WEB SITE.
WITHOUT LIMITATION TO THE FOREGOING, THE GOLDEN GOODS USA PARTIES DO NOT WARRANT: (A) YOUR ENJOYMENT OF THE WEB SITE WILL BE WITHOUT INTERFERENCE; (B) THE WEB SITE WILL FULFILL ANY PARTICULAR PURPOSE, NEED, REQUIREMENT OR SPECIFICATION OR IS COMPLETE, RELIABLE OR ACCURATE; (C) YOUR REQUESTS TO THE WEB SITE WILL BE HONORED ACCORDING TO YOUR SCHEDULE OR ANY STATED SCHEDULE; (D) THE WEB SITE WILL BE TIMELY, SECURE OR ERROR FREE; (E) ANY ERRORS IN CONTENT OR FEATURES WILL BE CORRECTED; (F) CONTENT OR FEATURES ON THE WEB SITE IS APPROPRIATE OR AVAILABLE FOR USE IN ANY PARTICULAR LOCATION; (G) PRODUCTS OR SERVICES DISPLAYED OR REFERENCED ON THE WEB SITE ARE AVAILABLE FOR USE IN A PARTICULAR LOCATION; OR (H) THE CONTENT, INCLUDING BUT NOT LIMITED TO, DESCRIPTIONS OF PRODUCTS, SERVICES AND FEATURES AVAILABLE ON OR THROUGH THE WEB SITE IS ACCURATE, UP-TO-DATE OR COMPLETE.
ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THIS WEB SITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURES, DISTRIBUTORS AND SUPPLIERS, IF ANY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE PARTIES HEREBY DISCLAIM 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 THIS WEB SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE PARTIES HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. WE MAKE NO WARRANTIES TO THOSE DEFINED AS “CONSUMERS” IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT.
THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
18. LIMITATIONS OF LIABILITY. THE PARTIES DO NOT ASSUME ANY RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER, TELECOMMUNICATION EQUIPMENT, OR OTHER PROPERTY CAUSED BY OR ARISING FROM YOUR ACCESS TO, USE OF, OR BROWSING THIS WEB SITE OR YOUR DOWNLOADING OF, ACCESS TO, OR USE OF ANY FEATURES OR CONTENT. IN NO EVENT WILL THE PARTIES BE LIABLE TO ANY PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEB SITE, ANY WEB SITES LINKED TO THIS WEB SITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. IN THE EVENT OF ANY PROBLEM WITH THIS WEB SITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEB SITE. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THIS WEB SITE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS FROM THE MANUFACTURER OF SUCH PRODUCTS OR SUPPLIER OF SUCH SERVICES, IN ACCORDANCE WITH SUCH MANUFACTURER’S OR SUPPLIER’S WARRANTY, OR TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICES IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES POSTED ON THIS WEB SITE.
19. Other. To the fullest extent permitted by law, these Terms and Conditions and any claim or dispute arising out of or relating to these Terms and Conditions, including but not limited to the Web Site, will be governed by and construed in accordance with the laws of the State of California, without regard to its choice of law principles. Except as otherwise prohibited by law, any claim or dispute must be brought within one (1) year from the date the cause of action arises. Any claim or dispute arising out of or relating to these Terms and Conditions, including but not limited to the Web Site, shall be subject to the exclusive jurisdiction of state or federal courts located in New York County, in the state of New York and you hereby consent and submit to the personal jurisdiction of such courts. You may not use or export or re-export the materials at the Web Site or any copy or adaptation in violation of any applicable laws or regulations including without limitation United States export laws and regulations. If any provision of these Terms and Conditions is held to be unlawful, void, or for any reason unenforceable, that provision will be deemed severable and will not affect the validity and enforceability of the remaining provisions. These Terms and Conditions constitute the entire agreement between you and Golden Goods USA relating to your use of the Web Site, superseding any other agreement between you and Golden Goods USA with respect to the subject matter of these Terms and Conditions. Section headings in these Terms and Conditions are for convenience only and have no legal or contractual effect. If any provision of these Terms and Conditions shall be found to be unenforceable, the other provisions shall still remain in full force and effect. A printed version of these Terms and Conditions shall be admissible in judicial and administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
20. Golden Goods USA is an online retailer of apparel and lifestyle products offered at great values to the end consumer. Membership allows customers to purchase a variety of products. Upon placing an order, goldengoodsusa.com shall ship the product to you and be entitle to its payment for the service.
Contact Us. For issues or questions related to the Web Site or these Terms and Conditions please contact Customer Service at email@example.com. The domain name www.goldengoodsusa.com is a site operated by Golden Goods USA, a partnership company incorporated under laws of USA with our registered office at 1501 Mariposa St. Suite 310, San Francisco, CA 94107.