Terms & Conditions
TERMS AND CONDITIONS OF SALE
The following General Terms and Conditions of Sale govern the offer and sale of products on our website www.goldfinger.xxx (the “Website”). The products purchased on www.goldfinger.xxx are sold by GOLDFINGER S.R.L.S. Any inquiries should be addressed to our Customer Care service. For further assistance, please go to our Customer Care area, where you will find information on orders, shipping, refunds and returning products purchased on the Website. For any other legal information, please visit the following sections of the Website: General Terms and Conditions of Use, Privacy Policy and Return Policy.
1.1
The Goldfinger offers products for sale on the Website and its e-commerce business services exclusively to adult users of the Website who are at least eighteen (18) years of age (the “Users” or “you”) for personal use and not for resale.
1.2
The Goldfinger reserves the right not to process orders for any or no reason, including without limitation orders that do not comply with the Goldfinger’s business policies, such as orders for which there are reports or suspicion of fraudulent or illegal activity. In such cases, the order will be considered null and void, and the Goldfinger will inform the User in writing that the order will not be filled.
1.3
These General Terms and Conditions of Sale regulate only the offer, transmission and acceptance of orders relating to products on the Website between the User(s) and the Goldfinger.
1.4
The General Terms and Conditions of Sale do not apply to the provision of services or the sale of products by third parties whose links, banners or other hypertext connections are posted on the Website. Before placing orders and/or purchasing products and/or services from third parties, we recommend that you review their respective terms and conditions and other applicable policies. Under no circumstances shall the Goldfinger be deemed liable for services supplied by third parties or for e-commerce transactions entered into by the Users with third parties.
2. Placing of Orders
2.1
To purchase one or more products on the Website, you must fill out the online order form and send it electronically to the Goldfinger, following the applicable instructions. After this, you will receive an email from the Goldfinger acknowledging receipt of your order.
2.2
Before completing the purchase of your products, we ask that you carefully read these General Terms and Conditions of Sale in full and the Return Policy. We also suggest that you print a copy using the print option and keep it for your records.
Before completing your purchase, on the order confirmation page, we will provide you with:
- a link to these General Terms and Conditions of Sale and the Return Policy;
- a summary of the main characteristics of each product ordered and an itemized list of each product’s unit price (including all applicable fees and taxes);
- the total amount to be paid and the applicable terms of payment;
- available payment methods;
- shipping methods, name of carrier, mode of transportation, place of delivery and shipping and delivery costs (including any additional fees you may be charged if you choose expedited shipping or shipping different from standard shipping);
- any additional charges payable to a third party which amount cannot be determined by the Vendor (such as customs duties);
- the currency in which amounts are expressed;
- the estimated delivery date of the products; and
- our return policy (including any costs associated with the return of products).
2.3
When you proceed with submitting the order form, you are obligated to pay the price indicated therein as set forth in Section 4.2. Before submitting the order form, you will be asked to identify and correct any possible input errors.
2.4
The order shall be deemed completed when the Goldfinger receives your order form electronically, the order information has been verified as correct and the Goldfinger accepts the order by sending an electronic purchase order receipt containing the General Terms and Conditions of Sale, a summary of the Return Policy, and all the information contained in the summary of commercial and contractual conditions displayed before submitting the order. The Goldfinger shall not be bound to supply any products which may have been part of your order until the order of such products has been confirmed in the shipment confirmation email.
2.5
You may access your order form in the “My Orders” section. The information contained in the order form will be kept in our system only for the time required to process your order and as otherwise required by applicable law.
2.6
Orders are processed in the order they are received. The Vendor may not process orders that are incomplete or incorrect, or if the products are no longer available. In this event, we shall inform you via email that the Goldfinger has not processed your purchase order, specifying the reasons thereof. If the products displayed on www.goldfinger.xxx are no longer available or for sale at the time your order is received, then the Vendor shall inform you of the unavailability of the ordered products within thirty (30) days from the day you submit your order to the Vendor.
The Vendor reserves the right not to process orders in the cases outlined in sub-section 1.2.
2.7
By submitting an order form, you unconditionally accept the provisions of these General Terms and Conditions of Sale, as well as the other Website policies, including the General Terms and Conditions of Use, Privacy Policy and Return Policy. Should you not agree with certain provisions of these General Terms and Conditions of Sale or any other Website policies, please do not submit your order form for the purchase of products on the Website.
3. Products and Prices
3.1
The Website exclusively sells Goldfinger branded products purchased directly by the Goldfinger from the fashion house and/or authorized manufacturers. The Goldfinger reserves the right to modify or discontinue any product offered for sale on the Website at any time without notice.
3.2
The main characteristics of the products are shown on each product page on the Website. The images and colors of the products offered for sale on the Website are shown for information purposes only and may not correspond exactly to the actual appearance, size and color of the garments, due to among other things the settings of your Internet browser or monitor used.
3.3
Prices are subject to change. Please check the final price before sending your order form. The prices for the products shall be as quoted on the Website from time to time, except where there is an apparent error. All prices listed on the Website are in the currency that corresponds to your browsing preference on the Website (i.e., prices are quoted in euro or United States dollars). In the event of a recognizable error in the indication by the Goldfinger of the product price or calculation of the amount requested at payment, the Goldfinger will reject the order and contact the user to offer them the opportunity to purchase the product(s) at the correct price or to cancel the order. If we are unable to contact you, the order will be treated as cancelled. Prices do not include sales taxes, which will be added at checkout. The amount of sales tax charged on your order will depend upon various factors, including type of item purchased, sales price and destination of the shipment and applicable law. Sales tax regulations may change between the time you place an order and the time of credit card charge authorization and this may affect the calculation of sales taxes. The amount appearing on your payment page of the cart may differ from the sales taxes ultimately charged as indicated in the invoice you will receive with the shipping confirmation email.
3.4
The Goldfinger will not accept orders from countries not listed on the Website.
4. Payment
4.1
Payment of the price of the products, shipping and delivery costs must be made using one of the methods indicated on the order form. Shipping and delivery costs are non-refundable.
4.2
If paying by credit/debit card, your credit card information, such as credit card number and expiration date, will be sent via an encrypted protocol to the banks which provide remote electronic payment services to the Goldfinger. Except as provided in the Goldfinger’s Privacy Policy, these details will not be used by the Goldfinger except for processing your purchase order, issuing refunds in the event any products are returned, or for reporting cases of fraud on the Website to the competent authorities. The price of the products, shipping and delivery costs and applicable sales taxes indicated on the order form will be charged to your account when the Goldfinger is ready to ship the products.
5. Shipping and Delivery
Once your order is shipped, we will email you a shipping confirmation with a tracking number to enable you to track your package at all times. For information about product shipping and delivery procedures, please visit the Customer Care area. Please read the Customer Care section carefully, as the information provided therein is an integral part of these General Terms and Conditions of Sale and, therefore, you will be deemed to have read and accepted them when you submit your order.
Delivery dates indicated in any order form or order confirmation are estimates only and shall not be deemed a representation by the Goldfinger. The Goldfinger will not be liable for failure to ship or deliver the products as estimated, and you will not be entitled to any refunds or cancellation of orders as a result of delayed shipment.
You bear all risks of loss and damage to the products from the time the same have cleared our fulfillment house. Title to the products passes to you upon acceptance of shipment by a common carrier.
6. Customer Care
If you have any questions, please contact our Customer Care before placing your order. For more information, please visit the Customer Care area.
7. Return Policy
Please clic here for details of our Return Policy, which is part of these General Terms and Conditions of Sale.
8. Pre-Order Products
8.1
The Goldfinger may, in certain circumstances, offer you the chance to pre-order one or more products that are not yet available for purchase on the Website and that are part of the next collection. Products available for pre-order will be labelled to that effect on the product page. For each item, the Goldfinger will indicate the estimated shipping date and will send you a confirmation email once the package has been shipped. If your order contains both products that are already available for sale on the Website and pre-order products, they will be shipped at different times, but the respective shipping costs will be charged only once. If your order contains only pre-order products and indicates different shipping dates, the products may be shipped all at once on the latest estimated shipping date.
8.2
Pre-order products can only be purchased using a credit card. The Goldfinger will not request payment from your bank until immediately prior to the shipment of the products. When the order is placed, the Goldfinger will ask your bank to verify the details provided; the validity of your card may be confirmed by authorizing a nominal payment of 1 dollar or less. This authorization is not a charge; your card will only be charged at the time of shipping.
8.3
Unless otherwise stated in this section, these General Terms and Conditions of Sale apply in full to pre-order products.
9. Limitation on Liability
THE GOLDFINGER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE PRODUCTS INCLUDED IN THE WEBSITE NOR AS TO THE MERCHANDISE BEING SOLD TO YOU. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE GOLDFINGER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT, AND THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, WHICH EXTEND BEYOND THE DESCRIPTION OF THE MERCHANDISE CONTAINED ON THE ORDER CONFIRMATION. THE GOLDFINGER WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE PRODUCTS, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES OR ANY LOSS OF PROFIT, REVENUE, OPPORTUNITY OR DATA. NOTHING IN THE FOREGOING DISCLAIMER OF LIABILITY LANGUAGE SHALL SERVE TO DENY ANY CONSUMER, THAT IS A RESIDENT OF NEW JERSEY, (I) THE RIGHT TO BRING A PRODUCT LIABILITY CLAIM UNDER THE NEW JERSEY PRODUCT LIABILITY ACT, N.J.S.A. 2A:58C-1, (II) THE ABILITY TO SEEK PUNITIVE DAMAGES OR (III) THE ABILITY TO SEEK CONSEQUENTIAL DAMAGES IN INSTANCES OF INJURY TO THE PERSON IN THE CASE OF CONSUMER GOODS. NOTWITHSTANDING THE FOREGOING, IN THE EVENT THAT THE GOLDFINGER IS FOUND LIABLE IN RESPECT OF ANY LOSS, DAMAGE OR CAUSE OF ACTION (WHETHER CONTRACTUAL, EXTRA-CONTRACTUAL OR OTHERWISE) ARISING OUT OF OR IN CONNECTION WITH ANY PRODUCT, THE GOLDFINGER’S LIABILITY SHALL BE STRICTLY LIMITED TO THE SALE PRICE OF THAT PRODUCT. CERTAIN STATE LAWS SIMILARLY DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
10. Privacy Policy
10.1
You will find information on how we process your personal data in our Privacy Policy.
10.2
If you haven’t already done so, please also read our General Terms and Conditions of Use since they contain important information on the security systems used by the Goldfinger.
10.3
For further information on our Privacy Policy, you can contact our Consumer Care, by selecting “Privacy”, or send a request to the Goldfinger’s office (GOLDFINGER S.R.L.S., Al. Grunwaldzka 472, 80-309 Gdańsk, Poland).
11. Force Majeure
The Goldfinger shall not be liable for any delay or failure in performance caused by circumstances beyond its reasonable control.
12. Errors and Inaccuracies
Our goal is to provide complete, accurate, and up-to-date information on the Website. Unfortunately, it is not possible to ensure that any website is completely free of human or technological errors. The Website may contain typographical mistakes, inaccuracies, or omissions, some of which may relate to pricing and availability, and product information. We reserve the right to correct any errors, inaccuracies or omissions, including after an order has been submitted and you have received the email confirming receipt of the order, and to change or update information at any time without prior notice.
13. Governing Law and Dispute Resolution
These terms are governed by the law of the Italian Republic. All legal proceedings arising out of or in connection with these General Terms and Conditions of Sale shall be brought solely in the City of Milan in Italian Republic. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to any purchase or sale hereunder.
14. Amendments and Updates
The Goldfinger may amend or update all or any part of the Website policies including these General Terms and Conditions of Sale at any time in its sole discretion. Any amendments or updates to the General Terms and Conditions of Sale shall be effective upon publication in their respective sections of the Website. Please access the General Terms and Conditions of Sale on the Website regularly in order to check whether the General Terms and Conditions of Sale have been updated. If any provision of any part of these General Terms and Conditions of Sale shall be deemed invalid, void or unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining General Terms and Conditions of Sale.
RETURN POLICY
You have the right to return products purchased on www.goldfinger.xxx (the “Website”) by notifying GOLDFINGER S.R.L.S. (the “Goldfinger”) within twenty (20) days from the day you receive the products.
Once you have exercised your right of return in accordance with the procedures set forth below, the products to be returned must be handed over to the courier in one single shipment within twenty (20) days of from the day you receive the products.
1. Return Conditions
The Goldfinger only accepts returns of merchandise within the time frames set forth above, and will reimburse the purchase price of the products (minus shipping fees, as applicable) only if the following conditions have been met:
- The products must not have been used, worn or washed and, in any case, must be compliant with the requirements detailed in the section on Compliance Checks below;
- The identification tag (with the disposable seal) and labels are still attached to the products;
- The products are returned in their original packaging; and
- The products are not damaged.
You cannot return products decorated with gold or precious stones: diamond, emerald, ruby or sapphire.
You cannot return customized or personalized products, or sealed items that were opened after delivery and that cannot be returned due to health or hygiene reasons (e.g., cosmetics). Final sales items, swimwear, undergarments, and jewelry cannot be returned. If the return conditions are met, you will receive an email confirming that the return has been accepted and the Goldfinger will refund the purchase price of the returned merchandise (minus shipping fees, as applicable).
You will be notified if the returned products cannot be accepted because they do not satisfy the conditions indicated above. In such event, your merchandise will be shipped back to you. If you refuse said delivery, the Goldfinger reserves the right to retain the products and the amount paid for the purchase of the products.
2. Return Procedures
You can inform the Goldfinger of your intention to return merchandise by completing and submitting the Return Form to the Goldfinger through the Customer Care area of the Website. The Goldfinger will send you an email confirming that they have received the completed Return Form.
When sending the returned goods, use trusted couriers with the possibility of tracking the shipment.
When sending the returned goods, you do so at your own expense and risk.
3. Compliance Checks
Our products must be returned in a new and unused state, in perfect condition, with all protective materials in place and tags and stickers attached to them (if applicable), including all accessories and documents. We reserve our right not to accept any return if the product shows signs of wear, or has been used or altered from its original condition in any way or, as an alternative, may reduce the amount of any applicable refund or exchange accordingly. For example, we may make a reduction in the following circumstances:
- the product(s) have been used, worn, damaged or washed;
- the identification tag with the disposable seal is not attached to the product(s), or has not been returned. Please note that identification tag constitutes an integral part of each product; and/or
- you have not returned any packaging which is an integral part of a product (such as a dust bag).
You will be informed if we propose to reduce your refund for this reason. In this instance, you may (as an alternative to us providing you with a reduced refund) choose to have the products sent back to you at your own expense. Should you refuse this option, GOLDFINGER S.R.L.S. reserves the right to retain the products and the amount indicated for the decrease in refund, due to the decrease in value of the returned products.
4. Refund Times and Procedures
Refunds are processed within approximately between three (3) to seven (7) business days of our receipt of the returned merchandise and confirmation that the return conditions have been satisfied. Your refund will be credited back using the same payment method used to make the original purchase on the Website.
Refund times depend on the payment method originally used:
- Credit/debit card: refund times will depend on the credit or debit card company’s policies, but will normally take place within two billing cycles.
- PayPal (where available): refunds will be credited to your PayPal account and will be visible immediately. The date of reimbursement to the credit card associated with your PayPal account depends on the company that issued the card.
5. Conditions for Product Exchange
In certain circumstances, detailed in the Return Form, you shall be entitled to exchange your purchased products with other products, in place of receiving a refund of the relative sum.
The request for an exchange of the product is subject to the following conditions:
- product exchange shall only apply to purchased products for which this possibility is expressly specified on the online Return Form on our website by means of the word “EXCHANGE” being available;
- you may only request the replacement of one or more purchased products with products of the same model, but in a different size and/or color. The available replacement options will be indicated in the online Return Form;
c. you may request to exchange one or more purchased products within and not later than 14 (fourteen) days of the day you receive the products, by filling in the Return Form and sending it electronically to GOLDFINGER S.R.L.S. within the aforementioned deadline. The products to be replaced should be returned within 14 (fourteen) days of the day you received them; - you may only submit a single replacement request for each product purchased;
- the products for which you request the replacement must be returned to GOLDFINGER S.R.L.S. in their original packaging, they must not have been used, worn, washed, modified or damaged, and they must still have their identification tag attached with the disposable seal;
- the products to be exchanged that are part of a single order must be returned to GOLDFINGER S.R.L.S. in a single shipment. GOLDFINGER S.R.L.S. reserves the right to refuse products of the same order that are shipped for replacement in different stages.
If all the above conditions are correctly fulfilled, once you have filled in and transmitted the Return and Exchange Form containing your request for goods replacement, GOLDFINGER S.R.L.S. will process said request by sending you a relevant confirmation email.
6. Deadlines and Procedure for obtaining Products Exchange
After receiving the products to be exchanged, GOLDFINGER S.R.L.S. will inspect the products to check that all the above requirements have been fulfilled, GOLDFINGER S.R.L.S. will then verify the actual availability of the replacement products in its warehouses of the products to ensure that the size and/or color you have selected are available.
If the selected replacement products are not available in the warehouse, GOLDFINGER S.R.L.S. will not be able to accept your request for an exchange and will refund you the original price of the products originally purchased in accordance with the procedures specified in Sections 1 and 2 herein.
If the selected products are available in the warehouse, GOLDFINGER S.R.L.S. will accept your request for an exchange and will send you an email confirming the shipment of the replacement products. Shipment will occur within thirty (30) working days of the date from which GOLDFINGER S.R.L.S. was made aware of your request for exchange, once the condition of the products for exchange as detailed above has been verified. The costs for shipping the replacement products shall be borne by GOLDFINGER S.R.L.S., who will choose the courier. When exchanging a product, if the price of the purchased product is lower or higher than the chosen replacement product, you will not be required to pay the relative price difference. You will be contacted by the Vendor if your request for an exchange cannot be accepted because the above conditions have not been met. In this instance, you can choose to have the original products shipped back at your expense. If you refuse this delivery, GOLDFINGER S.R.L.S. reserves the right to retain the products and the amount paid for the purchase of the same. The exchange product or products are subject to a subsequent product return procedure, in accordance to Sections 1 and 2 herein.
7. Return of Damaged, Defective or Incorrect Products
You have the right to return products purchased on the Website due to an error on our part or because product(s) are damaged or defective, provided that you notify the Goldfinger within twenty (20) days of receipt of the product(s), by completing and submitting a Return Form through the Customer Care area of the Website. Please contact the Customer Care before returning the products. You must return the product(s) by mail in the same condition in which they were received, unused, unworn and unwashed, in their original packaging and with their identification tag attached with the disposable seal. The Goldfinger will examine the returned product(s) to determine whether they are damaged, defective or incorrect, and will inform you by email within a reasonable period of time of whether the Goldfinger will accept the returned product(s) and refund their price. If accepted by the Goldfinger, damaged, defective or incorrect product(s) will be refunded in full to your original method of payment, including applicable taxes and delivery shipping cost.
In the event that the Goldfinger finds no damage, defect or error with the returned product(s), you will be notified that the refund will not be processed, and your merchandise will be shipped back to you. If you refuse said delivery the Goldfinger reserves the right to retain the product(s) and the amount paid for the purchase of the product(s).
8. Identification Tag and Boxes
All products sold by the Goldfinger include an identification tag attached with a disposable seal, which constitutes an integral part of the product. Please try on the products without removing the tag or seal. Products returned without the tag and seal will not be accepted. Products must be returned with their original condition with the original box. Please do not affix the return label on the original box.
9. Limitation of Liability
THE GOLDFINGER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE PRODUCTS INCLUDED ON THE WEBSITE OR AS THE MERCHANDISE BEING SOLD TO YOU. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE GOLDFINGER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT, AND THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, WHICH EXTEND BEYOND THE DESCRIPTION OF THE MERCHANDISE CONTAINED ON OUR ORDER CONFIRMATION. THE GOLDFINGER WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND ARISING FROM THE PRODUCTS, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, LOSS OF PROFIT, REVENUE, OPPORTUNITY, OR DATA. NOTHING IN THE FOREGOING DISCLAIMER OF LIABILITY LANGUAGE SHALL SERVE TO DENY ANY CONSUMER, THAT IS A RESIDENT OF NEW JERSEY, (I) THE RIGHT TO BRING A PRODUCT LIABILITY CLAIM UNDER THE NEW JERSEY PRODUCT LIABILITY ACT, N.J.S.A. 2A:58C-1, (II) THE ABILITY TO SEEK PUNITIVE DAMAGES OR (III) THE ABILITY TO SEEK CONSEQUENTIAL DAMAGES IN INSTANCES OF INJURY TO THE PERSON IN THE CASE OF CONSUMER GOODS. NOTWITHSTANDING THE FOREGOING, IN THE EVENT THAT THE GOLDFINGER IS FOUND LIABLE IN RESPECT OF ANY LOSS, DAMAGE OR CAUSE OF ACTION (WHETHER CONTRACTUAL, EXTRA-CONTRACTUAL OR OTHERWISE) ARISING OUT OF OR IN CONNECTION WITH ANY PRODUCT, THE GOLDFINGER’S LIABILITY SHALL BE STRICTLY LIMITED TO THE SALE PRICE OF THAT PRODUCT. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
10. Governing Law and Dispute Resolution
These terms are an integral part of the General Terms and Conditions of Sale and are governed by Republic of Poland law. All legal proceedings arising out of or in connection with this Return Policy shall be brought solely in the City of Gdańsk, in Poland. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to any purchase or sale hereunder.
11. Amendments and Updates
The Goldfinger may amend or update all or any part of this Return Policy at any time in its sole discretion and without notice. Any amendments and updates to the Return Policy shall be effective upon publication on the Website. Please access the Return Policy on the Website regularly in order to check whether the Return Policy has been updated. If any provision of any part of this Return Policy shall be deemed invalid, void or unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining Return Policy.