Goldie^™ Fabric Limited Warranty

THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY BY STATE, PROVINCE, OR COUNTRY.

A. Products Covered By This Limited Warranty

This limited warranty (“Limited Warranty”) extends to the fabric used in the Goldie Just Right Pouf Cover and the Goldie Just Right Floor Pad Covers (each a “Goldie Product,” collectively, covered in the “Goldie Fabric”) sold by Goldie Products Inc. (“Goldie” or “we”) whether the Goldie Fabric has been printed with a design or pattern that we created (a “Goldie Collection”) or that you created and/or submitted (a “User Designed Product”), provided the Goldie Product is purchased directly from www.goldiejustright.com. The Goldie Fabric is designed to be used exclusively indoors and intended for sitting purposes only. This Limited Warranty does not cover your Goldie Fabric if you use the product(s) in a manner incompatible with its design and function. Certain exclusions apply, as further described in this Limited Warranty.

B. Who This Limited Warranty Extends To

This Limited Warranty extends only to the original purchaser of any Goldie Fabric from the Website. The “original purchaser,” for the purposes of this Limited Warranty, is the first purchaser of the Goldie Fabric purchased directly from www.goldiejustright.com. All Goldie warranties, including any implied warranties, are valid only for the twelve (12) months from the original date of delivery of the Goldie Fabric and only while it is exclusively owned and used by the original purchaser. This Limited Warranty does not extend to any subsequent or other owner or transferee of the Goldie Fabric, and this Limited Warranty is not transferable and is not applicable to use of the Goldie Fabric for commercial or other purposes. Proof of purchase is required for all claims under this Limited Warranty.

C. Goldie's Limited Warranty and Responsibilities

GOLDIE WARRANTS THAT FOR THE TWELVE (12) MONTH PERIOD FROM THE DATE OF DELIVERY (THE “WARRANTY PERIOD”) OF ANY GOLDIE FABRIC IN ITS ORIGINAL PACKAGING SOLD TO YOU, SUCH GOLDIE FABRIC WILL BE FREE FROM DEFECTS IN MATERIAL AND WORKMANSHIP SET FORTH BELOW (“DEFECTS”), WHEN SUCH GOLDIE FABRIC IS USED IN A MANNER THAT IS CONSISTENT WITH THE INTENDED DESIGN AND FUNCTION AS DESCRIBED ABOVE. GOLDIE LIMITS THE DURATION AND REMEDIES FOR ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TO THE DURATION OF THIS LIMITED WARRANTY.

OUR RESPONSIBILITY FOR DEFECTS IS LIMITED TO REPAIR OR REPLACEMENT AS SET FORTH IN THIS LIMITED WARRANTY. THE DECISION TO REPAIR OR REPLACE GOLDIE FABRIC WILL BE MADE SOLELY BY US, IN OUR SOLE DISCRETION.

NEITHER ANY PERFORMANCE OR OTHER CONDUCT, NOR ANY ORAL OR WRITTEN INFORMATION, STATEMENT OR ADVICE PROVIDED BY US OR ANY OF OUR SUPPLIERS, AGENTS OR EMPLOYEES WILL CREATE A WARRANTY, OR IN ANY WAY INCREASE THE SCOPE OR DURATION OF THIS LIMITED WARRANTY.

The Warranty Period is not extended if we repair or replace a warranted product. We may change the availability of this Limited Warranty at our sole discretion, but any changes will not be retroactive.

D. What This Limited Warranty Covers

DURING THE WARRANTY PERIOD, THIS LIMITED WARRANTY APPLIES TO THE FOLLOWING DEFECTS:

- Seam tears;

- Zippers that malfunction and cannot be opened or closed due to normal usage of the material; and

- Misprints in the case of a “Goldie Collection” or User Designed Product.

THIS LIMITED WARRANTY DOES NOT COVER ANY DAMAGES DUE TO ANY OF THE FOLLOWING:

- Normal thread that can be snipped off without damage to the Goldie Product;

- Physical abuse or damage to the structure and/or cover material, including, without limitation, burns, cuts, tears, liquid damage or stains; provided, that the defect is caused by such abuse or damage;

- Internal lining thread runs or discoloration;

- Color variation for “Goldie Collection” between products from different orders;

- Images uploaded by a customer using our Website (“User”) for printing on a Goldie Fabric cover that were deemed by us to be in violation of our Website Terms of Use, or images that did not meet the stated resolution requirements as signed off on by the User prior to placing the order;

- A User Designed Product featuring a unique design or image created by the User and submitted to Goldie for printing on a Goldie Cover, where the User later changed their mind and no longer desires that the submitted design(s) be used;

- Any issues when Goldie Fabric is used in combination with “do-it-yourself” or “DIY” foam or aftermarket fabric or materials;

- Replacement of any non-defective pieces in a set of Goldie Products purchased (for example, if you file a warranty claim for one (1) Goldie Fabric piece of a Gold Just Right Floor Pad set and only one (1) component is defective in your Goldie Fabric, then we will only replace the one (1) defective component);

- Any Goldie Product (whether manufactured by Goldie or not) sold by resellers or other third- party retailers not affiliated with Goldie;

- Any Goldie Product sold “as-is,” “preconditioned,” “reconditioned,” “used,” “comfort return,” “returned,” “previously owned,” or any other similar wording indicating that the Goldie Product is not “new” or of “first quality”, or has previously been purchased or used by another consumer; or

- Any damage to a Goldie Product due to (i) transportation; (ii) storage; (iii) improper use and/or use of the Goldie Products in any manner other than the intended design and function as described above; (iv) failure to follow the product instructions (i.e. cleaning/washing) or to perform any preventive maintenance; (v) product modifications; (vi) unauthorized repair; (vii) normal wear and tear, including without limitation, the softening of the foam; normal discoloration of the foam or slip liner that can occur over time, or (viii) external causes such as accidents, abuse, or other actions or events beyond our reasonable control.

In the event of a Defect during the Warranty Period, Goldie’s sole and exclusive liability and your sole remedy under this Limited Warranty will be, at Goldie’s sole discretion, to repair or replace such defective products (or the defective part) with products, parts and components that are similar to the defective product and of equal value to the purchased product, subject to your fulfillment of “Your Responsibilities” below. Replacement parts are subject to availability of inventory and may be provided in a color different from the parts you originally purchased if a “Goldie Collection” item. For limited/special edition, discontinued or out-of-stock Goldie Products covered under the Limited Warranty, Goldie guarantees only replacement of a Goldie Product with equal or greater retail value and does not guarantee exact replacement of the same limited/special edition, discontinued or out-of-stock item. Replacement parts may also be a different part that contains comparable features and functions. Replacement parts will be sent to the shipping address on file with the order.

E. Your Responsibilities

In the event of a Defect and in order to get the benefit of this Limited Warranty, during the Warranty Period you must complete all steps of filing a warranty claim through Goldie’s customer team and provide Goldie with two to three clear pictures of the Defect, proof of the original date of purchase and your Order Confirmation Number. Evidence of a Defect in high quality photo/video form and any claims must be sent to the email address set forth at the end of this Limited Warranty.

Replaced or repaired parts are subject to the same Limited Warranty as the original parts, provided however, the original Warranty Period shall not be extended if a warranted product is repaired or replaced.

F. Disclaimer, Limitation on Liability

TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW, GOLDIE FABRIC IS PROVIDED “AS IS” AND THE LIMITED WARRANTY SET FORTH HEREIN AND ANY IMPLIED WARRANTIES ARE YOUR EXCLUSIVE WARRANTIES AND REPLACE ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. THE REMEDIES DESCRIBED ABOVE ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND OUR ENTIRE OBLIGATION AND LIABILITY FOR ANY BREACH OF THIS LIMITED WARRANTY.

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE EXCLUSIONS AND/OR LIMITATION MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT AS SET FORTH IN THIS LIMITED WARRANTY, IN NO EVENT WILL GOLDIE OR ITS SUPPLIERS BE LIABLE FOR PROCUREMENT OF SUBSTITUTE PRODUCTS OR OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT, ARISING OUT OF OR RELATED TO THE GOLDIE FABRIC OR ITS USE BY YOU OR ANY THIRD PARTY, WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), INDEMNITY, PRODUCT LIABILITY OR OTHERWISE. THIS LIMITATION WILL APPLY EVEN IF GOLDIE HAS BEEN ADVISED OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. GOLDIE’S TOTAL LIABILITY UNDER THIS LIMITED WARRANTY SHALL UNDER ALL CIRCUMSTANCES NOT EXCEED THE ACTUAL PURCHASE PRICE PAID BY YOU FOR THE GOLDIE COVER SET, THE GOLDIE POUF AND GOLDIE SLIPCOVER THAT YOU HAVE PURCHASED THROUGH THE WEBSITE GIVING RISE TO SUCH LIABILITY.

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

G. Arbitration

In the event you believe that we have not performed our obligations under this Limited Warranty or a dispute arises between you and Goldie out of this Limited Warranty, the informal dispute resolution procedure detailed in Section 13 of the Goldie Terms of Sale is available to you, which is incorporated by reference into this Limited Warranty.

You must seek arbitration under the dispute resolution process detailed in Section 13 of the Goldie Terms of Sale for any disputes arising out of this Limited Warranty prior to exercising any rights or seeking any remedies created by the Title I of the Magnuson-Moss Warranty Act.

H. Governing Law and Forum Choice

This Limited Warranty and any action related thereto will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of Michigan, without regard to its conflict of laws provisions. Except as otherwise expressly set forth in Section 13 of the Goldie Terms of Sale the exclusive jurisdiction for all disputes that you and Goldie are not required to arbitrate will be the state and federal courts located in Ottawa County in the State of Michigan, and you and Goldie each waive any objection to jurisdiction and venue in such courts. The prevailing party (as determined by the arbitrator) in any such Arbitration will be entitled to recover from the other party all costs and expenses (including, without limitation, attorney fees) incurred in enforcing its rights under the arbitration process.

I. Warrantor

Goldie Products Inc.

895 E 40th Street, Holland, MI 49423

hello@goldiejustright.com

Goldie Foam Products Limited Warranty

THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY BY STATE, PROVINCE, OR COUNTRY.

A. Products Covered By This Limited Warranty

This limited warranty (“Limited Warranty”) extends to the foam components used in the Goldie Pouf or The Goldie Floor Pad(s) (collectively, the “Goldie Foam Products”) sold by Goldie Products Inc. (“Goldie” or “we”), provided that the Goldie Foam Product is purchased directly from www.goldiejustright.com . The Goldie Foam Products are designed to be used exclusively indoors and intended for sitting purposes only. The Goldie Pouf 17 inch supports weights up to 225 pounds and the Goldie Pouf 14 inch supports weights up to 175 pounds. This Limited Warranty does not cover your Goldie Foam Product if you use it in a manner incompatible with that intended design and function. Certain exclusions apply, as further described in this Limited Warranty.

B. Who This Limited Warranty Extends To

This Limited Warranty extends only to the original purchaser of any Goldie Foam Product from the Website. The “original purchaser,” for the purposes of this Limited Warranty, is the first purchaser of the Goldie Foam Product purchased directly from www.goldiejustright.com . All Goldie warranties, including any implied warranties, are valid only for the twelve (12) months from the original date of delivery of the Goldie Foam Products and only while they are exclusively owned and used by the original purchaser.

This Limited Warranty does not extend to any subsequent or other owner or transferee of the Goldie Foam Products, and this Limited Warranty is not transferable and is not applicable to use of the Goldie Foam Product(s) for commercial or other purposes. Proof of purchase is required for all claims under this Limited Warranty.

C. Goldie’s Limited Warranty and Responsibilities

GOLDIE WARRANTS THAT FOR THE TWELVE (12) MONTH PERIOD FROM THE DATE OF DELIVERY (THE “WARRANTY PERIOD”) OF ANY GOLDIE FOAM PRODUCT IN ITS ORIGINAL PACKAGING SOLD TO YOU, SUCH GOLDIE FOAM PRODUCT WILL BE FREE FROM DEFECTS IN MATERIAL AND WORKMANSHIP SET FORTH BELOW (“DEFECTS”), WHEN SUCH GOLDIE FOAM PRODUCT IS USED IN A MANNER THAT IS CONSISTENT WITH THE INTENDED DESIGN AND FUNCTION AS DESCRIBED ABOVE.. GODLIE LIMITS THE DURATION AND REMEDIES FOR ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TO THE DURATION OF THIS LIMITED WARRANTY.

OUR RESPONSIBILITY FOR DEFECTS IS LIMITED TO REPAIR OR REPLACEMENT AS SET FORTH IN THIS LIMITED WARRANTY. THE DECISION TO REPAIR OR REPLACE GOLDIE FOAM PRODUCTS WILL BE MADE SOLELY BY US, IN OUR SOLE DISCRETION. NEITHER ANY PERFORMANCE OR OTHER CONDUCT, NOR ANY ORAL OR WRITTEN INFORMATION, STATEMENT OR ADVICE PROVIDED BY US OR ANY OF OUR SUPPLIERS, AGENTS OR EMPLOYEES WILL CREATE A WARRANTY, OR IN ANY WAY INCREASE THE SCOPE OR DURATION OF THIS LIMITED WARRANTY.

The Warranty Period is not extended if we repair or replace a warranted product. We may change the availability of this Limited Warranty at our discretion, but any changes will not be retroactive.

D. What This Limited Warranty Covers

DURING THE WARRANTY PERIOD, THIS LIMITED WARRANTY APPLIES TO THE FOLLOWING DEFECTS:

- Continued foam compression sustained under normal use that materially affects the form and function of the product;

- Foam size differences between pieces in the same order greater than one (1) inch difference and

- Any physical flaw in the foam greater than one (1) inch that causes the foam material to deteriorate, (discoloration, flaking, shedding are to be expected in foam products and are excluded) despite normal usage and proper handling.

THIS LIMITED WARRANTY DOES NOT COVER ANY DAMAGES DUE TO ANY OF THE FOLLOWING:

- Normal discoloration;

- Normal off-gassing;

- Foam difference between Goldie Foam Products from different orders;

- Any issues when the Goldie Foam Product is used in combination with “do-it-yourself” or “DIY” foam or aftermarket foam, fabric or materials;

- Replacement of any non-defective pieces in the set (for example, if you file a warranty claim for one (1) foam piece and only one (1) component is defective in your Goldie Foam Floor Pad Product, then we will only replace the one (1) defective component);

- Any Goldie Product (whether manufactured by Goldie or not) sold by resellers or other third- party retailers not affiliated with Goldie;

- Any Goldie Foam Product that is sold “as-is,” “preconditioned,” “reconditioned,” “used,” “comfort return,” “returned,” “previously owned,” or any other similar wording indicating that the Goldie Foam Product is not “new” or of “first quality,” or has previously been purchased or used by another consumer; or

- Any damage to a Goldie Product due to (i) transportation; (ii) storage; (iii) improper use and/or use of the products in any manner other than the intended design and function as described above; (iv) failure to follow the product instructions (i.e. cleaning/washing) or to perform any preventive maintenance; (v) product modifications; (vi) unauthorized repair; (vii) normal wear and tear, including without limitation, the softening of the foam; or (viii) external causes such as accidents, abuse, or other actions or events beyond our reasonable control.

In the event of a Defect during the Warranty Period, Goldie’s sole and exclusive liability and your sole remedy under this Limited Warranty will be, at Goldie’s option, to repair or replace such defective products (or the defective part) with products, parts and components that are similar to the defective product and of equal value to the purchased product, subject to your fulfillment of “Your Responsibilities” below. Replacement parts are subject to availability of inventory and may be provided in a color or design that is different from the parts you originally purchased. For limited/special edition, discontinued or out-of-stock Goldie Foam Products covered under the Limited Warranty, Goldie guarantees only replacement of a product with equal or greater retail value and does not guarantee exact replacement of the same limited/special edition, discontinued or out-of-stock item. Replacement parts may also be a different part that contains comparable features and functions. Replacement parts will be sent to the shipping address on file with the order.

E. Your Responsibilities

In the event of a Defect and in order to get the benefit of this Limited Warranty, during the Warranty Period you must complete all steps of filing a warranty claim through Goldie’s customer team and provide Goldie with two to three clear pictures of the Defect, proof of the original date of purchase and your Order Confirmation Number. Evidence of a Defect in high quality photo/video form and any claims must be sent to the email address set forth at the end of this Limited Warranty.

Replaced or repaired parts are subject to the same Limited Warranty as the original parts, provided however, the original Warranty Period shall not be extended if a warranted product is repaired or replaced.

F. Disclaimer, Limitation on Liability

TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW, GOLDIE FOAM PRODUCTS ARE PROVIDED “AS IS” AND THIS LIMITED WARRANTY AND ANY IMPLIED WARRANTIES ARE YOUR EXCLUSIVE WARRANTIES AND REPLACE ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. THE REMEDIES DESCRIBED ABOVE ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND OUR ENTIRE OBLIGATION AND LIABILITY FOR ANY BREACH OF THIS LIMITED WARRANTY.

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE EXCLUSIONS AND/OR LIMITATION MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT AS SET FORTH IN THIS LIMITED WARRANTY, IN NO EVENT WILL GOLDIE OR ITS SUPPLIERS BE LIABLE FOR PROCUREMENT OF SUBSTITUTE PRODUCTS OR OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT, ARISING OUT OF OR RELATED TO THE GOLDIE FOAM PRODUCTS OR ITS USE BY YOU OR ANY THIRD PARTY, WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), INDEMNITY, PRODUCT LIABILITY OR OTHERWISE. THIS LIMITATION WILL APPLY EVEN IF GOLDIE HAS BEEN ADVISED OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. GOLDIE’S TOTAL LIABILITY UNDER THIS LIMITED WARRANTY SHALL UNDER ALL CIRCUMSTANCES NOT EXCEED THE ACTUAL PURCHASE PRICE PAID BY YOU FOR THE GOLDIE POUF, GOLDIE FLOOR PAD(S), AND GOLDIE SLIP COVER THAT YOU HAVE PURCHASED THROUGH THE WEBSITE GIVING RISE TO SUCH LIABILITY.

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

G. Arbitration

In the event you believe that we have not performed our obligations under this Limited Warranty or a dispute arises between you and Goldie out of this Limited Warranty, the informal dispute resolution procedure detailed in Section 13 of the Goldie Terms of Sale is available to you, which is incorporated by reference into this Limited Warranty.

You must seek arbitration under the dispute resolution process detailed in Section 13 of the Goldie Terms of Sale for any dispute arising out of this Limited Warranty prior to exercising any rights or seeking any remedies created by the Title I of the Magnuson Moss Warranty Act.

H. Governing Law and Forum Choice

This Limited Warranty and any action related thereto will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of Michigan, without regard to its conflict of laws provisions. Except as otherwise expressly set forth in Section 13 of the Goldie Terms of Sale, the exclusive jurisdiction for all disputes that you and Goldie are not required to arbitrate will be the state and federal courts located in Ottawa County in the State of Michigan, and you and Goldie each waive any objection to jurisdiction and venue in such courts. The prevailing party (as determined by the arbitrator) in any such Arbitration will be entitled to recover from the other party all costs and expenses (including, without limitation, attorney fees) incurred in enforcing its rights under the arbitration process.

I. Warrantor

Goldie Products Inc.

895 E 40th Street, Holland, MI 49423

hello@goldiejustright.com

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