Terms & Conditions
The website www.goldmoral.com is owned by Goldmoral Company and is referred to as “Goldmoral”, “we” or “us”. If you place an order through this website and this order is confirmed by us, a sales contract will be executed between you and us, which will be governed by the following Goldmoral Terms and Conditions and specifically by the Purchase Terms stated below.
2. PURCHASE TERMS
Please read these Purchase Terms carefully before ordering our products online from the Goldmoral Website. Please note that these Purchase Terms include the terms contained in those pages to which a link is provided within these Purchase Terms.
2.1 When do the Purchase Terms Apply?
The Purchase Terms apply to all offers and contracts related to the sale and delivery of products by Goldmoral. It is only possible to deviate from these Purchase Terms if agreed in written form by Goldmoral.
2.2 Requirements to Conclude a Contract with Goldmoral
You have to be 16 years of age or older to buy our products via the Website. You can only order on the Website if you are a consumer, not a reseller. You guarantee that the information you provide to Goldmoral in the request or order is accurate and complete.
2.3 How is a Contract Concluded With You?
All information on the Website is an invitation to treat only. In other words, the information is not an offer or binding contract. You agree that your order is an offer to purchase the products listed in your order. Goldmoral is entitled to verify an order in advance at all times and/or to refuse to accept an order without providing reasons and with no liability to you or any third parties. If we do not confirm acceptance of your order within ten working days, it is deemed to have been refused. All orders submitted by you are subject to acceptance by Goldmoral. We may choose not to accept your order at our own discretion. Examples for not accepting your order are as following:
- If products are shown on the Website but are not available;
- If we are unable to obtain authorization of your payment;
- If shipping restrictions may apply to a product;
- If products shown on the Website contain a manifest error such as being incorrectly priced.
After your order has been placed, we will send you an order acknowledgment email with your order number and details of the Products you have offered to purchase and details of any delivery services. Acceptance of your order and the formation of a contract of sale between you and Goldmoral will not take place unless and you receive an e-mail from us which confirms the shipping of the ordered products.
2.4 Retention of Title
All products will remain the property of Goldmoral until you have paid all amounts owing to us in full under any agreement, including the payment of costs, earlier or later deliveries or partial deliveries. You may not sell, dispose of or encumber any product before full title thereof has passed to you.
2.5 Quality and Maintenance of Products
Minor differences in color and other variations in products are possible as a result of different image acquisition, display technologies or other technical reasons. Goldmoral is not liable for these variations and deviations. Goldmoral is not liable for any damage resulting from incorrect handling of products, including handling contrary to the instructions.
2.6 Order Cancellation
Because we start to work on your order as soon as it is submitted, it is not possible to cancel your order.
2.7 Price And Fee
Goldmoral is entitled to amend the prices and further conditions as long as the agreement has not yet been concluded. Product prices are set at the beginning of each season using existing currency exchange rates.
All prices on the Website, in Brochures or communicated in any other way are subject to errors. Goldmoral will not be bound by these errors.
Clients purchasing from a country served as Delivery Duty Paid (DDP) will incur relevant import duty and tax. These costs are included in the final purchase price.
Clients purchasing from a country served a non-European country and therefore Delivery Duty Unpaid (DDU) will be charged for the items purchased and shipping costs only. Import duty or tax costs will be invoiced to you directly from our shipper and are the responsibility of the Client. We recommend you to contact your local customs authority to determine a landed cost price prior to purchase completion. Clients whose credit/debit card is not denominated in Euros, the final price will be calculated in accordance with the applicable exchange rate on the day clients card issuer processes the transaction.
2.8 Methods of Payment
- Please check the Website for information on available payment methods. Goldmoral reserves the right to conduct an individual credit check for each order in accordance with the Goldmoral Privacy Statement. Depending on the results of this check, Goldmoral reserves the right to refuse certain methods of payment.
- The items will be paid by Visa, MasterCard, iDEAL, Maestro or Bank Transfer. Goldmoral nonetheless retains the right to exclude at any time certain methods of payment, based on the results of a credit rating check.
- Goldmoral requires advance payment of the Products, unless otherwise expressly agreed in writing. Payment will be debited and cleared from your account upon dispatch of your order by Goldmoral.
- You confirm that the credit/ debit card that is being used is yours or that you have been specifically authorised by the owner of the credit/ debit card to use it. All credit/debit card holders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorise payment to Goldmoral, we will not be liable for any delay or non-delivery.
- Furthermore, we take reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from the Site.
Goldmoral will deliver to the address indicated by you. Goldmoral can only deliver to a home or office. Deliveries will be done on business days, not being a public holiday in your country or in the area in which our products are located. Note that public holidays may vary per country and per year. Note that Delivery periods are indicative and are therefore not regarded as strict deadlines. The mere fact that a delivery period is exceeded does not entitle you to compensation. Goldmoral is entitled, insofar as reasonably possible, to make split deliveries so that you receive your Products as soon as possible. There are no additional costs associated with such split deliveries. However, in the event that you request that Goldmoral delivers in parts, Goldmoral may charge you for extra delivery costs. Each split order shall constitute a separate sales contract. If Goldmoral is late delivering a part or one split order is faulty, that will not entitle you to cancel any other split order.
2.10 Right of withdrawal
- Client can return all Products to Goldmoral without stating reasons within 14 days from receipt of the Products. To administer your right to cancel your order, you have to inform us written notice within 14 days of receipt, by sending us an explicit declaration stating that you are repealing your agreement of purchase by sending us an email to XXXX@xx.com. The agreement is thereby terminated.
- Please note: The costs of the return consignment are on the account of the Client, where shipping costs (for the initial order as well as for any returns) will be on the account of Goldmoral. Client will receive a credit invoice for the Products returned including the shipping cost.
- Client is only allowed to unwrap or use the product to such an extent as is necessary to evaluate whether she wishes to keep the product. Client has to handle the Products and packaging materials carefully during this time. The Products must be returned within 14 days in their original packaging and with their original labels.
- If a decrease in value occurs due to damage to the Products, Goldmoral retains the right to demand a reasonable payment from the Client.
- If the Products are returned in time, unused and undamaged, Goldmoral will return the payments to the Client as soon as possible and in any event within 30 days from receipt of the Products. The payment method which was used to make the transaction will also be used for the reimbursement. You will not be charged any fees for the reimbursement. If Goldmoral does not receive the cancelled order back, Goldmoral may arrange to have it collected from Client at client’s cost.
- Goldmoral does not accept any liability for any damage to, theft or loss of the product or the packaging which arises during the return.
2.11 Return and Exchange Policy
To return a product please follow the instructions as set out in our Return & Exchange Guide.
2.12 Damaged or Defective Products
For Goldmoral, quality is paramount. We thoroughly examine all our products to ensure they are fully capable of standing up to the uses for which they were designed. It is extremely rare for our Products to be damaged or defective. Goldmoral has a legal obligation to make sure that our Products conform to the sales contract. Returned Products are inspected Goldmoral and refunded if the damage is the result of a production error. We undertake to fully refund the cost of any defective Products. If the problem was caused by reasons other than materials quality or production process, the original product is returned to you. We do not refund Products:
- Obtained from a source other than our Website
- Damaged by abuse or negligence (exposure to chemicals, caustic substances, open flame, high heat, sharp object, etc.)
- Damaged by misuse or activities other than the intended purpose
Please note the life expectancy of any Goldmoral product depends on the individual using the product, the conditions of use, and the characteristic wear patterns of the user. Our products damaged by normal wear and tear or that have exceeded the reasonable lifespan of the product are not replaced. In case you have any questions regarding this, please don’t hesitate to contact us with your questions and comments.
3. USE OF THE WEBSITE
Please read these Terms and Conditions for website use (“Use of the Website Terms and Conditions”) carefully before using the Website and any Goldmoral content on social media websites. These Use of the Website Terms and Conditions apply to all visits and uses of the Website, as well as to the Content (as defined below), information, recommendations, products and services provided to you on or through the Website. By accessing and using the Website, you grant your consent to these Use of the Website Terms and Conditions in their entirety in addition to any other law or regulation that applies to the Website and the Internet. If you do not agree to these Use of the Website Terms and Conditions, please leave the Website immediately.
3.1 Content on the Website
All of the content featured or displayed on the Website, including, but not limited to, logos, icons, trademarks, text, graphics, photographs, images, moving images, sound, illustrations and software (“Content”), is owned by Goldmoral, its licensors or its content providers. All elements of the Website including, but not limited to, the general design and the Content, can be protected by copyright, moral rights, database rights, trademark and other laws relating to intellectual property rights. Except as explicitly permitted under this or another agreement with Goldmoral, no portion or element of the Website or its Content may be copied or retransmitted via any means. The Website, its Content and all related rights shall remain the exclusive property of Goldmoral or its licensors unless otherwise expressly agreed. All such rights are reserved.
3.2 Copyright and Trademarks
The copyright in all Content is and remains owned by Goldmoral or its licensors as appropriate. Except as may be otherwise indicated in specific documents within the Website, you are authorized to view, play, print and download Content found on the Website for personal, informational, and non-commercial purposes only. You may not modify any of the materials and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any Content. You may not reuse any Content without first obtaining the consent of Goldmoral. For purposes of these terms, the use of any such Content on any other Website or networked computer environment is prohibited. You will not remove any copyright, trademark or other proprietary notices from Content found on the Website.
All trademarks, service marks, logos and trade names which appear on products of Goldmoral, product packaging and/or on the Website, whether registered or not (the “Trade Marks”) remain the exclusive property of Goldmoral or its licensors (as appropriate) and are protected by applicable trademark laws and treaties. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify any of the Trade Marks in any way, including in advertising or publicity pertaining to distribution of materials on the Website, without Goldmoral’ prior written consent. The use of any of the Trade Marks on any other Website or network computer environment, for example the storage or reproduction of (a part of) the Website in any external internet Website or the creation of links, hypertext, links or deep links between the Website and any other internet websites, is prohibited without the express written consent of Goldmoral.
3.3 Disclaimer of Warranties
The Website and the Content are free of charge and provided ‘as is’ and without any warranties of any kind. The information on the Website is for general information purposes only and does not constitute advice. Goldmoral does not represent or warrant that the information and/or facilities contained in the Website are accurate, complete or current, or that the Website or the server that makes the Website available are free of viruses or any other harmful components. Further, Goldmoral will not provide for specific IT infrastructure or connectivity. Thus Goldmoral cannot represent or warrant the Website will be uninterrupted or error-free. Goldmoral does not make any warranties or representations regarding the use of the Content on the Website in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise, in each case to the fullest extent permitted by applicable law.
3.4 Limitation of Liability
Your use of the Website is at your own risk. Neither Goldmoral or any other party involved in creating, producing or delivering the Website will be liable for any direct, indirect, special, consequential or other damages that result from the use of, or the inability to use, the Content on the Website, including damages caused by viruses or any incorrectness or incompleteness of the information on the Website, or the performance of the products or otherwise arising out of or in connection with these Use of Website Terms and Conditions, even if Goldmoral has been advised of the possibility of any such damages.
3.5 Links to Third Parties
3.6 Misuse of the Website
You are prohibited from using the Website to post or transmit any User Generated Content (as defined below) which infringes or may infringe third party intellectual property rights or which is threatening, false, misleading, inflammatory, defamatory, invasive of privacy, obscene, pornographic, abusive, discriminating, illegal or which could constitute or encourage conduct that would be considered a criminal offence, violate the rights of any party or which may otherwise give rise to civil liability or violate any law. Goldmoral may deny you access to the Website at any time in its sole discretion, and which shall include situations where Goldmoral believes that your use of the Website is in breach of any of these Use of Website Terms and Conditions and/or applicable laws. You are also prohibited from using the Website to advertise or perform any commercial solicitation.
3.7 User Generated Content
All opinions, remarks, comments, artwork, graphics, photographs, links, questions, suggestions, information, videos and other materials that you or other users of the Website post to the Website or transmit using the Website (“User Generated Content”) will be deemed non-confidential and non-proprietary. Accordingly, Goldmoral shall have the non-exclusive, royalty-free, right to use, copy, distribute and disclose to third parties any User Generated Content for any purpose, in any medium and throughout the world (license grant). You acknowledge and agree that Goldmoral only acts as a passive conduit for the distribution of the User Generated Content and is not responsible or liable to you or to any third party for the content or accuracy of the User Generated Content. Goldmoral shall not be continuously monitoring User Generated Content published by you or moderating between users, nor shall Goldmoral be under an obligation to do so. Without limit to the generality of the foregoing, you acknowledge and agree that any remarks, opinions, comments, suggestions and other information expressed or included in the User Generated Content do not necessarily represent those of Goldmoral. Any use by you of the User Generated Content is entirely at your own risk. You represent and warrant that any User Generated Content posted or transmitted by you is original to you and does not copy the work of any third party or otherwise infringe any third party intellectual property rights, rights of privacy or personality rights and does not contain any defamatory or disparaging statements. Furthermore, you represent and warrant that you have the capacity to grant the license as stipulated in this paragraph. You agree to indemnify and keep Goldmoral and its affiliated companies indemnified against all costs, expenses, damages, losses and liabilities incurred or suffered by Goldmoral or its affiliated companies related to any User Generated Content posted or transmitted by you or your other use of the Website.
Goldmoral reserves the right at its sole discretion to block or remove (in whole or part) any User Generated Content posted or transmitted by you and which Goldmoral believes is not in accordance with these Use of Website Terms and Conditions (including materials which infringe or may infringe third party intellectual property rights, rights of privacy or personality rights), or is otherwise unacceptable to Goldmoral.
You agree to promptly notify Goldmoral in writing (see How to Contact Us below for contact details) of any User Generated Content (or other Content) which breaches these Use of Website Terms and Conditions. You agree to provide to Goldmoral sufficient information to enable Goldmoral to investigate whether such User Generated Content (or other Content) breaches these Use of Website Terms and Conditions. Goldmoral agrees to make good faith efforts to investigate such complaint and shall take such action as Goldmoral in its sole discretion decides. However, Goldmoral does not warrant or represent that it will block or remove (in whole or part) such User Generated Content or other Content.
- If the Client has a complaint, Goldmoral will contact the Client within 14 working days from the receipt of the complaint.
- Goldmoral apologise for any inconvenience that may be caused, but we cannot always offer the exact described product at the specified price, if errors and / or omissions are present. In the event of human error or malfunction in the technology, the prices on the site do not commit us to sale. Our systems do accept credit card details at point of order however the card is only charged at point of sale.
- While, every care is taken to ensure that all information on this website is correct, there may still be errors on this website. If you find an error or omission please let us know and we will correct it as soon as possible after verification.
- Goldmoral may at any time modify any relevant terms and conditions, policies or notices. The Client acknowledge that by visiting the website from time to time, you shall become bound to the current version of the relevant terms and conditions (the "current version") and, unless stated in the current version, all previous versions shall be superseded by the current version. You shall be responsible for reviewing the then current version each time you visit the website.