The Gloden Lace TERMS AND CONDITIONS
1. I N T R O D U C TION
Please read these terms and conditions carefully before using this Website operated by The Golden
Lace of 5012 South Ave, Toledo, Ohio 43615, United States of America. By accessing or using our
Website, you agree to be legally bound by these terms and conditions as they may be modified and
posted on our Website from time to time.
If you have any other queries on how to use this site, please phone 419-764-9567 (Lines open Monday
to Sunday from 10:00 am - 09:00 pm). You can also email us with a brief outline of your problem.
Details of procedures, products, services, prices, payment and delivery are displayed on our Website. If
you choose to place an order, you will be given clear instructions on how to navigate our simple online
order process and you will be required to provide us with your accurate personal details.
Please:
1. Read through these terms and conditions carefully before using this Website.
2. Print a copy for future reference.
3. Read our privacy policy section regarding your personal information.
If you have a comment, concern or complaint about a product or service you have purchased from us,
please contact us via email at support@thegoldenlace.com or by postal mail at 5012 South Ave, Toledo,
Ohio 43615, United States of America.
2. GENERAL
We reserve the right to change any services, product prices, product specifications and availability at
any time. All prices and descriptions supersede all previous publications. All product descriptions are
approximate. Every effort is made to keep information regarding stock availability on the Website up to
date. However, we do not guarantee that this is the case, or that stock will always be available.
If any provision of these terms and conditions is held by any competent authority to be invalid or
unenforceable in whole or in part, the validity of the other provisions of this Agreement and the remainder
of the provision in question will not be affected.
This Website, any content contained herein and any contract brought into being as a result of usage of
this Website are governed by and construed in accordance with law of the jurisdiction specified in the
clause below and the parties to any such contract agree to submit to the exclusive jurisdiction of the
courts as specified. All contracts are concluded in English. These terms and conditions do not affect
your statutory rights.
3. DEFINITIONS
'Conditions' means these terms and conditions.
'We/us/our' means The Golden Lace
'Website' means the Website located at www.thegoldenlace.com or any subsequent URL which may
replace it or sit alongside it.
'United States' means United States of America.
'You/your' means a user of the Website.
'Working days' mean Monday to Friday (excluding public holidays in the United States).
4. ORDER PROCESS
Orders will only be accepted from persons over the age of 18. Orders may be accepted from persons
resident outside the United States.
All orders are subject to acceptance and availability. If any goods ordered are not available, you will be
notified by email and you will have the option either to wait until the item is available from stock or to
cancel your order. It is your responsibility to provide us with a valid email address so that we can
contact you if necessary. Any orders placed by you will be treated as an offer to purchase the goods or
services from us and we have the right to reject such offers at any time prior to acceptance.
You shall be responsible for ensuring the accuracy of the details provided on the order form and we will
not accept an order unless all details requested on the order form have been entered correctly.
You acknowledge that any automated acknowledgment of your order that you may receive from us shall
not amount to our acceptance of your offer to purchase goods or services advertised on the Website.
The conclusion of a contract between you and us will take place when we accept your order by (i)
debiting your credit or debit card, or (ii) despatching goods to you/making goods available for download
by you or commencing the services, whichever is the earlier.
We will take all 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 unauthorised access to any data you provide when accessing or
ordering from the Website.
Each item or service purchased is sold subject to additional specific terms and conditions relating to
that item or service including, without limitation, terms and conditions concerning estimated delivery
times and any warranties. Please ensure that you read such additional terms which can be found in the product Readme file.
We are entitled to refuse any order placed by you and will not be required to provide an explanation.
5. DELIVERY
Digital Downloadable Files will be available immediately upon payment reciept.Solid Goods will be delivered to you, the
buyer, at the address provided by you on the order form. We can only deliver to the address that is the billing address of
your credit/debit card.You will become the owner of goods you have ordered when they have been paid for and delivered to
you. Any dates quoted for delivery of goods are approximate only and we shall not be liable for any delay in
delivery of goods however caused. If, however, we are unable to deliver your goods by the date quoted for
delivery, you, the buyer, shall be entitled to cancel the order at any time before delivery takes place.
6. PAYMENT
All prices are correct at the time of entering the information onto the system. Prices quoted are for delivery (in the
case of goods) and for performance (in the case of services) in the United States unless otherwise specified. Prices are in
US Dollars unless otherwise specified.
We reserve the right, by giving notice to you, the buyer, at any time before delivery or performance to
increase the price of goods or services to reflect any increase in the cost to us, which is due to any
factor beyond our control (such as without limitation, any foreign exchange fluctuation, significant
increase in the costs of labour, materials or other costs of manufacture).
In the unlikely event of there being such an increase in the price of goods or services you, the buyer,
shall be entitled to cancel the order at any time before delivery or performance.
In the unlikely event that the price or description of an item or service has been incorrectly advertised,
we will contact you by email, telephone or post to ask whether you wish to proceed with your order with
the correct price or description. If you are not happy to proceed, or we are unable to obtain your
instructions, we will cancel the order. Unless we have already despatched or commenced performance
of your order, we will not be obliged to supply products or provide services at the incorrect price or based
on an incorrect description.
Payment can be made by any major credit or debit card or through an electronic payment account such as Paypal as
explained on the order form.
Payment will be debited and cleared from your account before the despatch of your goods or provision of
the service to you.
By placing an order, you, the buyer, consent to payment being charged to your debit/credit card
account or electronic payment account as provided on the order form.
Title to the goods will pass to you, the buyer, on delivery of the goods.
We will issue you with an electronic receipt to your email address once the goods have been
despatched.
When you pay for your order by credit or debit card, we carry out checks or 'authorisations' with the card
issuer for security reasons. Should any problems occur with the authorisation of your card, we will
contact you with further details.
7. ELIGIBILITY
To be eligible to purchase goods or services on this Website and lawfully enter into and form contracts
on this Website, you must:
• if an individual, be 18 years of age or over; and
• register your real name, address, phone number, email address and any other details
requested.
If you are under 18, please ask an adult to contract on your behalf. By offering to purchase goods and
services, you represent to us that you are 18 years of age or over and authorise us to transmit
information (included updated information) to obtain information from third parties, including but not
limited to, your debit or credit card numbers or credit reports to authenticate your identity, to validate
your credit card, to obtain an initial credit card authorisation and to authorise individual purchase
transactions.
8. RETURNS, CANCELLATIONS AND SUBSTITUTIONS
8.1. RETURNS
If you are not happy with your purchase for any reason, you can return it to us and we will refund you with the amount
you paid for that item.
Issuing refunds is at the discretion of The Golden Lace staff.
All we ask is that you first work with The Golden Lace support staff to try and fix the issue.
When a refund is issued, the Buyer is responsible for deleting all files associated with the product and may not
re-distribute the product. Please allow 5 business days for refund of Digital Downloadable Products.
We also ask that you inform us by email or post and return the product within 30 working days
from the day after receipt. We will send you a return code and return address. Write the return
code on the outside of the packaging, and then return the product to us at your expense in
unused condition and in the original undamaged packaging (or packaging of the same quality)
for a full refund less carriage charges. We recommend using an insured delivery service.
Returns must be made within 30 working days of delivery.
You should allow up to 21 days from receipt by us of your returned Solid Goods for your refund to be
processed. We will normally refund you using the same payment method that you used to
purchase the goods. Postage and packaging charges will not be refunded. This does not affect
your statutory rights.
8.2. DAMAGED OR FAULTY SOLID GOODS
We employ professional carriers. Nevertheless, you must examine goods on arrival. We will
refund the full purchase price including postage and packing of an item which is delivered in a
damaged or faulty condition or which develops a fault within 3 months from delivery (other than
due to normal wear and tear, failure to follow instructions or misuse).
Alternatively, at your option, we will replace the item with the same or a similar product (subject
to stock availability).
If a product is damaged or faulty, please contact us at once and no later than 30 working days
of receipt, or of the fault developing, and we will arrange a refund or replacement as you request.
Sometimes the product specifications from the manufacturer may change, in which case, if you
request a replacement, we will do our best to offer you a substitute of the same or better quality
at the same price. If you are not happy with the replacement, you can return it in accordance
with our returns policy as outlined above under paragraph 8.1.
Please allow 30 days from receipt by us of your item for your refund to be processed or
replacement item despatched.
We reserve the right to refuse to issue a refund/replacement item and to recover the cost of the
returns delivery from you in the event that the item is found to have suffered damage after
delivery or has been misused or used other than in accordance with the instructions or if the
problem is due to normal wear and tear. This does not affect your statutory rights.
9. INTELLECTUAL PROPERTY
The content of the Website is protected by copyright, trade marks, database and other intellectual
property rights and you acknowledge that the intellectual property rights in the material and content
supplied as part of the Website shall remain with us or our licensors.
You may download or copy the content and other downloadable items displayed on the Website subject
to the condition that the material may only be used for personal non-commercial purposes. Copying or
storing the contents of the Website for other than personal use is expressly prohibited.
You may retrieve and display the content of the Website on a computer screen, store such content in
electronic form on disk (but not any server or other storage device connected to a network) or print one
copy of such content for your own personal, non-commercial use, provided you keep intact all and any
copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use
for commercial purposes any of the materials or content on the Website.
You further acknowledge that any other use of the material and content of this Website is strictly
prohibited and you agree not to (and agree not to assist or facilitate any third party to) copy, reproduce,
transmit, publish, display, distribute, commercially exploit or create derivative works of such material
and content.
No licence is granted to you in these Conditions to use any trade mark of www.thegoldenlace.com or its
affiliated companies.
Goods and services sold by us may be subject to copyright, trade mark or other intellectual property
rights in favour of third parties. We acknowledge those rights.
10. WEBSITE
We attempt to ensure that the information available on the Website at any time is accurate. However,
we will not be held liable for any errors or omissions. We use all reasonable endeavours to correct errors
and omissions as quickly as practicable after becoming aware or being notified of these.
Products, services, prices and offers are only valid at the time they are published on our Website. All
images should be used only as a guide or representation of the item.
All drawings, descriptive matter and specifications of goods and services on the Website are for the sole
purpose of giving an approximate description of the goods and services.
We may also change, suspend or discontinue any aspect of the Website, including the availability of
any features, information, database or content or restrict access to parts or all of the Website without
notice or liability.
We reserve the right to:
10.1. modify or withdraw, temporarily or permanently, this Website (or any part thereof) with or
without notice to you and you confirm that we shall not be liable to you or any third party
for any modification to or withdrawal of the Website; and/or
10.2. change the Conditions from time to time, and your continued use of the Website (or any
part thereof) following such change shall be deemed to be your acceptance of such
change. It is your responsibility to check regularly to determine whether the Conditions
have been changed.
You may not use the Website for any of the following purposes:
10.3. disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar,
obscene, or otherwise objectionable material;
10.4. transmitting material that encourages conduct that constitutes a criminal offence, results
in civil liability or otherwise;
10.5. breaches any relevant laws, regulations or code of practice;
10.6. gaining unauthorised access to other computer systems;
10.7. interfering with any other person's use or enjoyment of the Website;
10.8. breaching any laws concerning the use of public telecommunications networks;
10.9. interfering or disrupting networks or websites connected to the Website; and
10.10. making, transmitting or storing electronic copies of materials protected by copyright
without the permission of the owner.
We reserve the right to refuse to post material on the Website or to remove material already posted on
the Website.
11. LIABILITY AND INDEMNITY
You agree to indemnify and hold The Golden Lace, its officers, directors, employees, volunteers, subsidiaries, affiliates,
successors and assigns, harmless from any third party claim or demand, including reasonable attorneys' fees, made in connection
with or arising out of your use of the Service, your violation of the Terms Of Service, or the infringement by you, or other
users of the Service using your membership, of any intellectual property, right of privacy or publicity, or other right of
any person or entity.
The Website is provided on an 'as is' and 'as available' basis without any representation or endorsement
made and we make no warranties, whether express or implied, in relation to the Website, or any
transaction that may be conducted on or through the Website including but not limited to, implied
warranties of non-infringement, compatibility, security, accuracy, condition or completeness, or any
implied warranty arising from course of dealing or usage or trade custom.
You acknowledge that we cannot guarantee and cannot be responsible for the security or privacy of the
Website and any information provided by you. You must bear the risk associated with the use of the
Internet.
We will use reasonable endeavours to verify the accuracy of any information on the Website but make
no representation or warranty of any kind express or implied statutory or otherwise regarding the
contents or availability of the Website or that it will be timely or error-free, that defects will be corrected,
or that the Website or the server that makes it available are free of viruses or bugs. We will not be
responsible or liable to you for any loss of content or material uploaded or transmitted through the
Website and we accept no liability of any kind for any loss or damage from action taken in reliance on
material or information contained on the Website.
We will use all reasonable endeavours to carry out our obligations within a reasonable period of time but
will not be liable to you, the buyer, for any loss, costs or expenses arising directly or indirectly from any
delays in doing so and we will not be deemed to be in breach of these Conditions by reason of any
delay in performing, or any failure to perform, any of its obligations in relation to these Conditions, if the
delay or failure was due to any cause beyond our reasonable control.
We will not be liable, in contract or tort (including, without limitation, negligence), or in respect of precontract
or other representations (other than fraudulent or negligent misrepresentations) or otherwise for:
11.1. any economic losses (including without limitation loss of revenues, profits, contracts,
business or anticipated savings); or
11.2. any loss of goodwill or reputation; or
11.3. a n y s p e c ia l or indirect losses suffered or incurred arising out of or in connection with the
provision of any matter under the Conditions.
You agree to fully indemnify, defend and hold us, and our officers, directors, employees and suppliers,
harmless immediately on demand, from and against all claims, losses, costs and expenses, including
reasonable legal fees, arising out of any breach of these Conditions by you, or any other liabilities
arising out of your use of this Website or any other person accessing the Website using your Personal
Information with your authority.
This clause does not affect your statutory rights as a consumer, nor does it affect your contract
cancellation rights.
12. FORCE MAJEURE
We shall have no liability for delays or failures in delivery or performance resulting from force majeure,
including but not limited to, war, demands or requests of Government authorities, strikes, shortages of
labour, fuel, power, raw materials, late or defective performance or non-performance by suppliers,
transportation disruptions, inability to ship or other causes, beyond our reasonable control.
13. PRIVACY POLICY
You can find full details of our Privacy Policy on the Website.
14. THIRD PARTY RIGHTS
Except for our affiliates, directors, employees or representatives, a person who is not a party to these
Conditions has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of
this agreement but this does not affect any right or remedy of a third party that exists or is available
apart from that Act.
15. EXTERNAL LINKS
To provide increased value to our users, we may provide links to other websites or resources for you to
access at your sole discretion. You acknowledge and agree that, as you have chosen to enter the
linked website we are not responsible for the availability of such external sites or resources, and do not
review or endorse and are not responsible or liable, directly or indirectly, for:
15.1. the privacy practices of such websites;
15.2. the content of such websites, including (without limitation) any advertising, content,
products, goods or other materials or services on or available from such websites or
resources; or
15.3. the use which others make of these websites or resources, nor for any damage, loss or
offence caused or alleged to be caused by, or in connection with, the use of or reliance on
any such advertising, content, products, goods or other materials or services available on
such external websites or resources.
16. OVERSEAS ORDERS
We can ship Solid Goods overseas subject to extra shipping or postage costs, as well as any additional taxes or
expenses incurred due to complying with foreign regulatory requirements or laws. You will have an
opportunity to cancel your order in case these costs are not satisfactory.
17. GOVERNING LAW AND JURISDICTION
The Website is controlled and operated in the United States.The Conditions will be governed by the laws of the
United States of America and you irrevocably agree to submit to the exclusive jurisdiction
of the courts of the United States of America
___________________________________________________________
The Golden Lace Privacy Policy
Customer e-mail addresses are stored in a database for use in distributing customer selected newsletters. This information
is never shared or sold with any third party entities.
The Golden Lace maintains a database of merchandise purchases. Purchasing Data consists of, but is not limited to Name,
Address, and Phone numbers. The Golden Lace does not keep a database of credit card numbers. This information is never shared
or sold to any third party entities.
The Golden Lace contains links to a variety of other web sites. The Golden Lace cannot, and will not be held responsible
for the privacy practices, or content of any web site other than our own.
___________________________________________________________
*The Golden
Lace COPYRIGHT NOTICE*
Copyright ©
2009. The Golden Lace
1.Ownership
of copyright
The copyright
in this website and the material on this website (including without limitation the text, computer code, artwork, photographs,
images, music, products, audio material, video material and audio-visual material on this website) is owned by The Golden
Lace [and its licensors].
2.Copyright
license
The Golden
Lace grants to you a worldwide non-exclusive royalty-free revocable license to:
-
view this website
and the material on this website on a computer or mobile device via a web browser;
-
make commercial
and non-commercial renders using the digital products on this website
-
copy and store
this website and the material on this website in your web browser cache memory; and
-
print pages
from this website for your own [personal and non-commercial] use.
The Golden
Lace does not grant you any other rights in relation to this website or the material on this website. In other words, all
other rights are reserved.
For the avoidance
of doubt, you must not adapt, edit, change, transform, publish, republish, distribute, redistribute, broadcast, rebroadcast
or show or play in public this website or the material on this website (in any form or media) without The Golden Lace's prior
written permission.
3.Data mining
The automated
and/or systematic collection of data from this website is prohibited.
4.Permissions
You may request
permission to use the copyright materials on this website by writing to karicemartin@thegoldenlace.com or 5012 South Ave,
Toledo Ohio, 43615.
5.Enforcement
of copyright
The Golden
Lace takes the protection of its copyright very seriously.
If The Golden
Lace discovers that you have used its copyright materials in contravention of the license above, The Golden Lace may bring
legal proceedings against you seeking monetary damages and an injunction to stop you using those materials. You could also
be ordered to pay legal costs.
If you become
aware of any use of The Golden Lace copyright materials that contravenes or may contravene the license above, please report
this by email to karicemartin@thegoldenlace.com or by post to 5012 South Ave, Toledo Ohio, 43615..
6.Infringing
material
If you become
aware of any material on the website that you believe infringes your or any other person's copyright, please report this by
email to karicemartin@thegoldenlace.com or by post to 5012 South Ave, Toledo Ohio, 43615 .
7.This copyright
notice
This copyright notice is based on a precedent created by website-contracts.co.uk and published
by freenetlaw.com