General Conditions for Use of the Website
1. Scope of application
1.1. These General Conditions for the Use of the Website (hereinafter, the "Conditions") are a legal contract between you (“you” or “your” or “User”) and GOLDEN GOOSE S.P.A. ("us" or "our" or "we" or “Golden Goose”) and govern the use of the Website www.goldengoose.com (hereinafter the "WebSite") the services we offer through the Website (“Services”) and all of all the text, data, information, software, graphics, videos, photographs and other materials (all of which are referred to as “Materials”) that we may make available to you through the Website and Services.
1.2. PLEASE READ THESE CONDITIONS CAREFULLY BEFORE BROWSING OR OTHERWISE USING THE WEBSITE. USING ANY PART OF THE WEBSITE INDICATES THAT YOU HAVE BOTH READ AND ACCEPT THESE CONDITIONS. YOU CANNOT USE THE WEBSITE IF YOU DO NOT ACCEPT THESE CONDITIONS.
2.1. We may alter the Materials or Services and/or may choose to modify, suspend or discontinue the Website at any time and without notifying you. We may also provisions of these Conditions. The Company reserves the right to change, update, add, remove or otherwise amend (collectively, “modifications”) these Conditions from time to time. As a consequence, the User is invited to check these Conditions upon every visit to the Website including to check for possible updates or amendments. We will inform you of any modifications to these Conditions by posting them on the Website. To be sure we properly reach your email inbox, we just ask that you let us know if your preferred email address changes at any time after your registration.
If you object to any such modifications, your sole recourse shall be to cease all use of the Website. Continued use of any part of the Website following notice of any such modifications indicates you acknowledge and agree to be bound by the modifications. Also, please know that these Conditions may be supplemented or superseded by expressly-designated legal notices or terms located on particular pages of the Website or associated with specific Services. These expressly-designated legal notices or terms are incorporated into these Conditions and supersede the provision(s) of these Conditions that are designated as being superseded.
3. Access to, registration with, and use of the Website
3.1. The User will be able to visit and use the Website free of charge for individual, consumer purposes ("Permitted Purposes"). If the User is not yet 18 years old, the User must have the permission of an adult to use the Website and agree to these Conditions, and that adult must be a parent or legal guardian who is willing be responsible for the User’s use of the Website.
3.2. In these Conditions Golden Goose is granting you a limited, personal, non-exclusive and non-transferable license to use and to display the Materials; your right to use the Materials is conditioned on your compliance with these Conditions. You have no other rights in this Website or any Materials and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of this Website or Materials in any manner. If you make copies of any of this Website or our Materials while engaging in Permitted Purposes then we ask that you be sure to keep on the copies all of our copyright and other proprietary notices as they appear on this Website and the applicable Materials.
3.3. You need not register with use to simply visit and view the Website. However, in order to access certain features and Materials and use the full functionality of the Website, you must successfully register an account with us. Registering on the Website requires you to provide the information specified on the account creation page and choose an acceptable password. Once you submit the required registration information, we alone will determine whether or not to approve your proposed account. If approved, you will be permitted to log in to your account with your password.
3.4. Your credentials for accessing the Website are personal and non-transferrable and may not be shared with third parties.
3.5. The User will be responsible for all activities completed through their individual account. You agree to take all necessary precautions to ensure that your password remains secure and secret and to inform us immediately if there are reasons to believe that a third party learns your password, if your password is used in an unauthorized manner or if it has been lost or stolen.
3.6. For so long as you use the account you agree to provide true, accurate, current and complete information, which can be accomplished by logging into your account and making your desired changes.
3.7. The User is responsible for complying with these Conditions when using the Website and for obtaining and maintaining all equipment needed to access and use the Website, as well as paying related charges.
4. Unauthorized Activities
4.1. You are authorized to use the Website only for Permitted Purposes. Any use of the Website beyond the Permitted Purposes is prohibited and, therefore, constitutes unauthorized use of this Website. This is because as between you and us, all rights in the Website remain our property.
4.2. Unauthorized use of the Website may result in violation of various United States and international copyright laws. Unless you have written permission from us stating otherwise, you are not authorized to use the Website or any part thereof in any of the following ways (these are examples only and the list below is not a complete list of everything that you are not permitted to do):
4.2.1. in such a way as to cause, or be capable of causing, interruptions in, damage to or the malfunctioning of, the Website, servers or networks connected to the Website, or any related functionality;
4.2.2. for fraudulent purposes or in any manner that violates any local, state, national, foreign, or international statute, regulation, rule, order, treaty, or other law;
4.2.3. for any commercial purpose which includes use of the Website or any of our Materials on another site or through a networked computer environment;
4.2.4. in a manner that modifies, publicly displays, publicly performs, reproduces or distributes any part of the Website;
4.2.5. for any commercial purpose which includes use of the Website or any of our Materials on another site or through a networked computer environment;
4.2.6. in a manner that modifies, publicly displays, publicly performs, reproduces or distributes any part of the Website;
4.2.7. to use any data mining, robots, or similar data gathering or extraction methods in connection with the Website; or
4.2.8. to attempt to gain unauthorized access to any portion of the Website or any other accounts, computer systems, or networks connected to the Website, whether through hacking, password mining, or any other means.
4.3. In any case, the User is prohibited from interfering with the functioning of the Website and, in particular, undertakes not to evade its security measures, tamper with it and in any case, not to prejudice the operation of the Website or of any computing system, servers, routers or any other IT device.
5. Certain Additional Terms Applicable to Website Services
5.2. The electronic commerce services offered on the Website are governed by the General Conditions of Online Sales
5.4. Any prize events organised by the Company on the Website will be governed by the specific regulation published from time to time on the Website.
6. Orders and Payments
6.1. You may be permitted to use the Website to order and pay for Golden Goose products (“Products”). To do so, you may be asked to supply certain information relevant to your transaction, including, without limitation: your email address, your PayPal account, your credit card number, the expiration date of your credit card, the name on your credit card, and/or your billing address. All purchases made through the Website are governed by our General Terms and Conditions of Online Sales www.goldengoose.com/us/en/termsandconditions/sale. You agree to pay any fees applicable to your use of the Website and Services, including but not limited to fees and charges applicable to your purchases. We may suspend or terminate your access to the Website if your offered payment method (e.g., credit card or PayPal account) cannot be processed. By providing a payment method, you expressly authorize us and/or our third party payment processor to charge the applicable fees on said payment method as well as taxes and other charges incurred thereto, all of which depend on the services you utilize and the Products you purchase.
6.2. You agree that we may charge any unpaid amounts to your provided payment method and/or send you a bill for such unpaid fees.
6.3. All descriptions, images, features, specifications and prices of our Products are subject to change at any time without notice. The inclusion of any Product on the Website does not imply or guarantee that such Product will be available. We reserve the right, with or without prior notice, to do any one or more of the following for any reason: (i) limit the available quantity of or discontinue any Product; (ii) impose conditions on the honouring of any coupon, coupon code, promotional code, or other similar promotion; (iii) bar you from making or completing any or all transactions; and (iv) refuse to provide you with any Product.
6.4. Products will be shipped in accordance with the shipping method you select when placing the order. You acknowledge that any delivery dates we may provide are non-binding estimates only and that you have no claim against Golden Goose for delays or early deliveries.
7. Industrial and Intellectual Property Rights
7.1. Golden Goose (or its successors in title) is the owner and/or licensee of all industrial and intellectual property rights relating to the Website and all Materials. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner.
8. Intellectual Property Infringement
8.1. We respect the intellectual property rights of others and encourage you to do the same. Accordingly, we will remove User Content that violates the intellectual property rights of others, suspending access to the Website (or any portion thereof) to any user who uses any part of it in violation of someone’s intellectual property rights, and/or terminating in appropriate circumstances the account of any user who uses the Website in violation of someone’s intellectual property rights.
9.1. THE WEBSITE IS PROVIDED "AS IS" AND "WITH ALL FAULTS" AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE WEBSITE IS WITH YOU.
9.2. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND (EXPRESS, IMPLIED OR STATUTORY) WITH RESPECT TO THE WEBSITE, WHICH INCLUDES BUT IS NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS.THIS MEANS THAT WE DO NOT PROMISE YOU THAT THE WEBSITE IS FREE OF PROBLEMS. Without limiting the generality of the foregoing, we make no warranty that the Website or any part thereof will meet your requirements, that the Website will be uninterrupted, timely, secure, or error free or that defects in the Website will be corrected. We make no warranty as to the results that may be obtained from the use of the Website or as to the accuracy or reliability of any information obtained through the Website. No advice or information, whether oral or written, obtained by you through the Website, from Golden Goose or our subsidiaries/other affiliated companies shall create any warranty. We do not guarantee the absence of viruses, malware or other elements. You are solely responsible for the implementation of procedures and checks capable of meeting security requirements and ensuring the reliability of incoming and outgoing data..
9.3. Without prejudice to the provisions of the General Conditions of Sale, you hereby acknowledge that some products may be presented next to pictures or graphical reproductions whose purpose is merely illustrative.
9.4. All the above shall apply to the maximum extent of the law.
10. Limitations on Liability
10.1. YOU ARE USING THE MATERIALS AND WEBSITE AT YOUR SOLE RISK. NEITHER GOLDEN GOOSE NOR ITS OFFICERS, DIRECTORS, AGENTS, INVESTORS, OR EMPLOYEES SHALL BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR USE OF THE WEBSITE OR YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIALS TO OR FROM THE WEBSITE. IN NO EVENT SHALL GOLDEN GOOSE BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, COST OF SUBSTITUTE GOODS AND SERVICES, USE, OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF WE KNOW THERE IS A POSSIBILITY OF SUCH DAMAGE. IF YOU ARE A NEW JERSEY RESIDENT, THIS LIMITATION OF LIABILITY SECTION IS TO BE ONLY AS BROAD AND INCLUSIVE AS IS PERMITTED BY THE LAW OF THE STATE OF NEW JERSEY.
10.2. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE WEBSITE, AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE THEREOF. YOU UNDERSTAND THAT WE DO NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE WEBSITE. WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE WEBSITE OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE WEBSITE. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH ANY PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE WEBSITE, PARTICULARLY IF YOU MEET OFFLINE OR IN PERSON. WE EXPLICITLY DISCLAIM ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY USER OF THE WEBSITE AND ALL OTHER THIRD PARTIES.
11. Connections to third-party websites
11.1. The Website may contain hyperlink connections to websites managed by third parties (“Third-Party Sites”). If you use these links, you will leave the Website. We provide these links to you as a convenience, and we do not verify, make any representations or take responsibility for such Third-Party Sites, including, without limitation, the truthfulness, accuracy, quality or completeness of the content, services, links displayed and/or any other activities conducted on or through such Third-Party Sites. Therefore, unless specifically stated in writing on our Website, we do not endorse or make any representations about such Third-Party Sites or any information, material or results that may be obtained from using them. If you decide to access any of the Third-Party Sites linked to from the Website, you do so entirely at your own risk and you must follow the privacy policies and terms and conditions for those Third-Party Sites. YOU AGREE THAT GOLDEN GOOSE WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, INFORMATION, RESOURCES AND/OR CONTENT AVAILABLE ON OR THROUGH ANY THIRD-PARTY SITES AND/OR THIRD-PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED THERETO, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE CONTENT OR BUSINESS PRACTICES OF ANY THIRD-PARTY.
12. Electronic Communications
12.1. By using the Website and/or the Materials, you consent to receiving electronic communications from us. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to the Website or purchases you make through the website. These electronic communications are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.
13.1. You agree to indemnify and hold Golden Goose harmless from and against any liability, damages or costs (including, without limitation, legal costs) incurred by Golden Goose because of the following: (i) breach of these Conditions by the User, (ii) claims by third parties based on the use of the Website, Services and/or the Materials by the User, or (iii) information or materials sent, transmitted or loaded by the User through the Website or the account. Golden Goose reserves the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with our defence of such claim.
14. Local Laws; Export Control
14.1. We control and operate the Website from our headquarters in Italy You are solely responsible for following applicable local laws.
15.1. If you send or transmit any communications, comments, questions, suggestions, or related materials to us, whether by letter, email, telephone, or otherwise, suggesting or recommending changes to the Website, including, without limitation, new features or functionality relating thereto (collectively, “Feedback”), all such Feedback is, and will be treated as, non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and we are free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. Where the foregoing assignment is prohibited by law, you hereby grant us an exclusive, transferable, worldwide, royalty-free, fully paid up license (including the right to sublicense) to use and exploit all Feedback as we may determine in our sole discretion. You understand and agree that we are not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.
16.1. We prefer to resolve most issues through direct communication – if we feel that you are not complying with these Conditions, we will tell you. We will even provide you with recommended necessary corrective action(s) because we value this relationship.
16.2. However, certain violations of these Conditions, as determined by us, may require immediate termination of your access to this Website without prior notice to you. New York state law and applicable U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Conditions. Foreign laws do not apply. Except for disputes subject to arbitration as described above, any disputes relating to these Conditions or this Website will be heard in the courts located in New York City, New York. If any of these Conditions are deemed inconsistent with applicable law, then such term(s) shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. By choosing not to enforce any of these Conditions, we are not waiving our rights. These Conditions are the entire agreement between you and us and, therefore, supersede all prior or contemporaneous negotiations, discussions or agreements between you and Golden Goose about the Website. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of these Conditions.
17. California Consumer Notice
17.1. Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: This Website is provided by GOLDEN GOOSE S.P.A., Via Privata Ercole Marelli 10 , 20139 Milan - Italy. If you have a question or complaint regarding the Applications or Services, please contact Customer Service at firstname.lastname@example.org.
You may also contact us by writing GOLDEN GOOSE S.P.A., Via Privata Ercole Marelli 10 , 20139 Milan - Italy. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by post at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.
18. Contact Us
18.1. If you have any questions about these Conditions or otherwise need to contact us for any reason, you can reach us at: email@example.com.