THE FOLLOWING TERMS OF SALE CONTAIN VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ CAREFULLY.
THESE TERMS OF SALE REQUIRE THE USE OF ARBITRATION TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS WEBSITE, YOU ACCEPT AND ARE BOUND BY THESE TERMS OF SALE.
YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS,(B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM
A BINDING CONTRACT WITH GOLDIE PRODUCTS INC., OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANYOF THIS WEBSITE’S CONTENT, GOOD OR SERVICES BY APPLICABLE LAW.
These Terms of Sale (these “Terms”) apply to the purchase and sale of products and services through www.goldiejustright.com . (the “Website”). These Terms are subject to change by Goldie Products Inc. (referred to as “us”, “we”, or “our” as the context may require) without prior written notice at any time, in our sole discretion. The latest version of these Terms will be posted on this Website, and you should review these Terms before purchasing any product or services that are available through this Website. Your continued use of this Website after a posted change in these Terms will constitute your acceptance of and agreement to such changes.
These Terms are an integral part of the Website Terms of Use that apply generally to the use of our Website. By placing an order for products from this Website, you accept and are bound by these Terms. You should also carefully review our Privacy Policy before placing an order for products through this Website.
1. Order Acceptance and Cancellation. You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept any orders in our sole discretion. After having received your order, we will send you a confirmation email with your order number and details of the items you have ordered. If for any reason your order contains any errors, inaccuracies or omissions, we reserve the right to correct such errors, inaccuracies or omissions and to change or cancel your order confirmation.
We may limit or cancel quantities purchased per person, per household or per order, for any reason and in our sole discretion. If an order is found to have violated these Terms, our Website Terms of Use, or in our sole discretion, is believed to have been placed with the intent to violate the same, such order(s) may be excluded from our returns policy.
2. Prices and Payment Terms.
a. All prices posted on this Website are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation email. We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors.
b. Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an order. We accept VISA®, MasterCard ®, DISCOVER ®, Shop Pay ®, Apple Pay ®, Google Pay ®, for all purchases. Acceptable payment methods may be modified or changed at any time by Goldie Products Inc. in our sole discretion. Please see website for the most up to date listing of acceptable payment methods. You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.
3. Shipments; Delivery; Title and Risk of Loss. We will arrange for shipment of the products to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process. Title and risk of loss pass to you upon delivery. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments. Information regarding the shipping of products ordered on the Website can be found under our Shipping & Ordering page, found here.
4. Product Information. Occasionally there may be information on our Website that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Website (or any related website) or in the services provided is inaccurate at any time without prior notice (including after you have submitted your order). We have made every effort to display as accurately as possible the colors and images of our products that appear at our facility. We cannot guarantee that your computer monitor’s or device’s display of any color – whether of our product or of the image you submit for printing on our product – will be accurate. We reserve the right to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time.
Additional information regarding our products can be found under our Frequently Asked Questions page found here.
5. Returns and Refunds. Information regarding returns for products ordered on the Website can be found on our Returns page found here.
6. Product Limited Warranties. The limited warranties applicable to products purchased from our Website are detailed on our Limited Warranty page found here, which incorporated herein by reference, and in the documentation we provide with our products.
7. Customer Account Information. You agree to provide current, complete and accurate purchase and account information for all purchases made at our Website. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. We cannot guarantee our usual standard of customer service for orders placed through, or shipped to, third-party shippers. For many customer matters, including missing or damaged packages, as well as returns, Goldie’s customer service team will only engage with the person or entity that received the shipment (even if that is not the end customer). If that third-party recipient cannot or will not take part in resolving the issue on behalf of the customer, there will not be a resolution.
8. Products Not for Resale. You represent and warrant that you are buying products from this Website for your own personal or household use only, and not for resale or export. Products and services purchased from the Website may be controlled for export purposes by export regulations, including, without limitation, the Export Control Reform Act of 2018 (“ECRA”) (Title XVII, Subtitle B of Pub. L. No. 115-232) and the Export Administration Regulations (15 C.F.R. 768-799), for which ECRA is permanent statutory Authority, and their successor and supplemental regulations (collectively, the “Export Regulations”).
9. Privacy. Our Privacy Policy governs the processing of all personal data collected from you in connection with your purchase of products or services through this Website. The full terms of our Privacy Policy can be found here.
10. Force Majeure. We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, the following force majeure acts: (a) acts of God, (b) flood, fire, earthquake, explosion, epidemics or pandemics ; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riots or other civil unrest; (d) governmental order, law or actions; (e) embargoes or blockades in effect on or after the date of this Agreement; (f) national or regional emergency; (g) strikes, lockouts, labor stoppages or slowdowns or other industrial disturbances(whether or not relating to our workforce), ; or (h) restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, lack of warehouse or storage space, or telecommunication breakdown or power outage or shortage; or (i) other similar events beyond our reasonable control.
11. Governing Law and Jurisdiction. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of Michigan without giving effect to any choice or conflict of law provisions (whether of the State of Michigan or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Michigan.
12. Dispute Resolution and Binding Arbitration. YOU AND GOLDIE ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HABVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION. ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITIBLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE WEBSITE, WILL BE RESOLVED EXCLUSIVE AN FINALLY BY BINDING ARBITRATION.
The arbitration will be administer by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Section 13 (the AAA Rules are available at adr.org or by calling AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section 13.
The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforcement of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision of the Agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. 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.
As limited exceptions to the above: (i) you may seek to resolve a Dispute in small claims court if it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights.
You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR US WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person’s claims, any may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced.
13. Assignment. You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this section is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
14. No Waivers. The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Goldie Products Inc.
15. No Third-Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
16. Notices to You. We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide or (ii) by posting to this Website. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
17. Contact Us. We’re still a small team, so to serve as many customers as thoroughly as possible, we have limited availability to take phone calls. The best way to reach us is our email address, hello@goldiejustright.com. You’ll receive an automated response as your email is received, and then someone from our team will follow up as soon as possible.
18. Severability. If any provision of these Terms is held to be invalid, illegal, void or unenforceable, such provision will be modified to be enforceable to the fullest extent permitted by law, and the enforceability of the remaining provisions will not be affected.
19. Entire Agreement. These Terms along with our order confirmation, Website Terms of Use, Privacy Policy and other policies and terms and conditions on the Website (including, without limitation, our Returns and Refunds policy and our Limited Warranties) will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.
Legal Disclaimers / Warnings
Goldie Just Right Poufs and Goldie Just Right Floor Pads (collectively, “Goldie Products”) were designed and meant to be sat upon, to celebrate in style and as conversation pieces. Goldie Products are created by you to showcase your memories, or team spirit, and always your creativity. With Goldie you bring your memories and passions to life! They are made to brighten your space and make it “just right” - just for you.
At the core, Goldie Poufs and Floor Pads are seats and cushions and that is the use they were designed for. We want you to create and showcase great memories with your Goldie Product(s) so please take care to use your Goldie Product as it was designed to be used. While we have plans for outdoor products and fabrics in the future, today, Goldie Products are designed for indoor use only. Please take care when using your Goldie Pouf and do not stand on or jump on or off of a Goldie Pouf. Goldie Poufs are designed to support weights up to 175 pounds for the 14-inch design and up to 225 pounds for the 17-inch design.
Non-Warranty Return and Refund Policy
We want you to love your Goldie Just Right Pouf and/or Just Right Floor Pad (collectively, "Goldie Products”), and create and adapt your space for years to come.
Because the printed covers are printed to your creative design, the covers are not returnable unless the Goldie team made an error and shipped the wrong design for your order by mistake or if there was a defect in the printing process due to manufacturing (click here for Goldie Fabric Limited Warranty). We are not able to accept returns or apply refunds where the issue is related to the quality of the image uploaded by you the designer. If you somehow received the wrong design, please contact our customer service team immediately and we will expedite the correct cover to you.
If you ordered a “Goldie Collection” design directly from our Website and the Goldie Collection Product has not been used and is in resalable condition, please feel free to return it to us within thirty (30) days of date of delivery for a refund of your purchase price, less the original shipping and handling costs. Please contact our customer service team at hello@goldiejustright.com and we will be happy to send you a Return Merchandise Authorization (“RMA”) and a prepaid return label before shipping your product. No returns of any type will be accepted without an RMA number.
You are responsible for all shipping and handling charges on returned items. You bear the risk of loss during shipment. A 15% restock fee may be applied.
Refunds are processed within thirty (30) business days of our receipt of your returned Goldie Product. Your refund will be credited back to the same payment method used to make the original purchase on the Website.
Product Guarantee
Goldie Just Right Poufs were made to be Just Right, which means that the zippers, seams, and handles should stand up to everyday use. Our Goldie Products were designed to support weights up to 175 pounds for the 14-inch Goldie Pouf and 225 pounds for the 17-inch Goldie Pouf and come with a one (1) year limited warranty that covers manufacturing defects that functionally impair the look or use of your Goldie Product. Please visit here for the applicable warranty terms. If you come across a defect, please contact our customer service team at hello@goldiejustright.com . We ask that you send us details describing the defect, including two to three clear pictures of the defect, along with proof of the original date of purchase and your order confirmation number so that we can help! At Goldie we stand behind the products we make.
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