Goldee

Terms and Conditions

These are the Terms & Conditions of Sale (hereinafter referred to as "Terms") that apply between you as a Customer and Goldee s.r.o. (a subsidiary of Goldee Ltd.) as a company registered in Slovakia with registered company number: 46966919 and registered office: Nemcovej 30, Kosice 042 18, Slovakia, European Union (hereinafter referred to as "we"), when you purchase the Products listed as items for sale on our website (hereinafter referred to as "Products").

Your purchase of the Products through our website shall be subject to these Terms and no other terms or conditions shall apply. These Terms shall override any other terms or conditions referred to by the Customer or in any course of dealing.

Please, read these Terms carefully. By ordering or purchasing the Products you agree to these Terms. If you do not understand any of the Terms or do not accept any part of them, do not place an order or purchase the Products, or if you already have the Products, return them in accordance with our Product Return Policy. If you have any questions regarding these Terms, do not hesitate to contact us.

Order and Order Confirmation

By placing a Pre-Order, you make an offer to us to purchase the Products you have selected from the list of items for sale on our website. You may place an Order by filling in the Order Form on our website, whereby you acknowledge that your Order is binding. If you have any questions, please contact us.

You acknowledge that if the Products are not yet available and if we accept your Order, the Products purchased are planned to be delivered to you next year.

We may accept or reject your Orders at our sole discretion. If we accept your Order, we will notify you of our acceptance by issuing an Order Confirmation. If we do not accept your Order we will notify you of our rejection. Generally, we have 15 days as of the receipt of your Order for acceptance or rejection thereof. However, this period may be extended. By your receiving our Order Confirmation, a Contract between shall enter into force. Any Contract shall be dependent and conditional upon a confirmation of both your Order and your credit card.

The information contained in our advertising, in other written materials or on our website shall constitute an invitation to treat. No such information shall constitute an offer by us to supply any of our Products.

We maintain records of Orders and Order Confirmations and retain these for a reasonable period following a delivery of the Products. We recommend that you should retain a printed copy of these Terms along with a copy and/or note of your Order, Order Confirmation, payment method acceptance and invoice as evidence of a particular purchase.

We reserve the right to withdraw from a Contract, i.e. the right to cancel or reject any Order for any reason at any time prior to the shipment of the Products, including the period after an Order has been confirmed by us. In such a case we shall contact you to inform you that all or a portion of your Order has been cancelled. If we withdraw from a Contract, we shall refund you the whole price you paid for the Products. You acknowledge and accept that you shall not raise any other claims.

Your status

By placing an Order, you warrant that you are at least 18 years old and you are legally capable of entering into binding contracts.

You are solely responsible for (i) providing true, accurate, current and complete information about you as prompted on our website or as requested by us, and (ii) maintaining and promptly updating this information by notifying us to maintain its accuracy, currency and completeness.

Product information and availability

We may update, revise and/or discontinue the Products listed as items for sale on our website at any time. We may revise the prices of the Products listed as available items for sale on our website at any time. A particular price shall remain valid only throughout the day on which the Customer visits our website displaying that price. We shall do our best to make sure that there are no mistakes in the Products prices that appear on our website. Should a mistake occur despite of our efforts, you agree that we shall not be bound by that incorrect price, unless your credit card has already been charged. If a mistake is discovered and you have not been charged yet, we will let you know the correct price and you will be given an option either to accept the correct price and continue in a Contract or to cancel your Order.

The Products are not currently available. We plan to start producing them from the next year, if Customers order the Products in a total price exceeding $ 100.000 until December 20, 2013. Otherwise, i.e. if we do not reach the goal of raising $ 100,000 by this date, Customers shall be entitled to claim the refund of the full price they paid for the Products to us.

The Products availability may be changed and different Products may have different availabilities. We reserve the right to prioritise Orders and to allocate a limited stock between Orders as we may deem fit.

Price and taxes

The prices of the Products are those, which apply at the time of Customer’s placing an Order.

Shipping or handling costs, transport insurance, VAT (or other revenue tax), duty and other taxes, levies or charges of any authorities may be charged in addition to the applicable Products price. In such a case we shall contact you by email to inform you about the amounts of these charges.

Payment methods and terms

We accept payment by approved credit cards. Other payment methods (e.g. PayPal) are not currently possible.

You must tender payment (via an accepted credit card) after we accepted your Order (before the delivery of the Products). For credit card payments, you must provide your valid credit card number and other requested details, which we require in an Order. We will charge credit cards upon Order placement, once we accepted your Order.

You acknowledge and agree that the business transaction is a deposit for an obligation with captive use to meet the obligation. The funds shall be managed in a manner to fulfil the obligation.

Shipping and Delivery

As soon as the Products are produced we undertake to deliver them promptly to the Customers who purchased the Products. We intend to start shipping the Products from summer 2014. We shall contact and inform our Customers in due time. However, there may be reasons for our inability to ship according to our target dates. Accordingly, any dates given by us for the delivery of the Products are estimates only, and we cannot and do not undertake that delivery will occur on any specified dates, except in the event such delivery dates have been explicitly confirmed by us as binding.

We will use our discretion in selecting a reputable carrier and appropriate means of delivery. We may also agree with the Customers on the method of delivery.

If the Products cannot be successfully delivered by any estimated or target dates given by us, we may elect to cancel the Order and refund all the money paid by the Customer to us.

If the Products cannot be successfully delivered because the Customer has provided incorrect or incomplete delivery information, or the Customer has refused deliveries, the Products will be returned to us. In such a case the Customer shall be liable for any charges related to shipping. The Products may be re-delivered, but the Customer shall pay all the charges related to the shipping.

If you do not receive your Products, please contact us.

Title

A title to the Products shall pass unto you on the moment of handing the Products over to the freight carrier. We shall not be liable for any Products loss or damage that may occur when the Products are in transit to you. If you are interested we may insure the Products at your cost.

A title to any software comprised, included in or with Products shall remain with us, notwithstanding the payment.

Product Return Policy

If for any reason you are not satisfied with the Products purchased and you wish to return them, you have up to 7 working days following the date you receive the Products to withdraw from the Contract. You shall receive a full refund of the price you paid for the Products (unless otherwise stated below).

If the Products have been delivered to you and you exercise your right of cancellation, you are responsible for returning the Products as soon as possible and at your own cost. The invoice must be enclosed with the Products returned. You must take reasonable care of the items that you wish to return, and we request that the Products must be returned in the original packaging, in “as new condition”, undamaged and complete (with all component products, parts, accessories, guarantee cards, manuals and other documents and items). To initiate a return, please, contact us. We recommend that you should insure the Products.

Upon our receipt of the returned Products, we shall issue a refund of the actual amount paid to us, minus any applicable shipping and handling fees or other charges, within a reasonable time by crediting the amount to your relevant credit card. Cash refund, Postal payment order or other methods of refund are not accepted. If you decide to cancel the purchase of the relevant Products as set out in this section and if you fail to return the Products in accordance with these Terms, you may be charged a sum for our direct cost of recovering the Products, and we may deduct that sum from your refund.

If you return the Products which have been damaged or used, or parts of which, including component products, parts, accessories, packaging, manuals and other documents and/or other items are damaged or missing, we retain the right either to refuse to refund the Product purchase price or to charge you repair, restocking or related fees and delivery charges. In case we reject the returned Products, the Products will be returned to you at your expense. In case we do not reject the returned Products, we may deduct repair, restocking or related fees and delivery charges from any payments to be refunded to you.

The right of return, i.e. the right of withdrawal from a Contract, shall not apply if you do not purchase the Products as a consumer.

Resale

Purchases made on our website are intended for end Customers only, and are not authorized for resale. A Customer may not resell the Products, their parts, components or accessories packaged with the Products.

Software Licence

The software contained in the hardware Products is licensed and not sold. If you purchase the Products you shall automatically get a license to use a software.

The software may not be disassembled, decompiled, reverse engineered, merged or combined with any other software, copied, translated, adapted, varied or modified nor may it be distributed in any form. The software is licensed by us on a nonexclusive, non-transferable, single user basis for use only with the accompanying Products.

If you do not accept the terms of applicable software license, do not place an Order or purchase the Products, or if you already have the Products, return them unused and “as new” in accordance with our return policy.

Intellectual Property Rights

All copyright, trademarks or any other intellectual property rights to Products are reserved to Goldee Ltd. and to us.

You shall not do, or permit to be done, anything that may detrimentally affect our copyright, trademarks or any other intellectual property rights to the Products.

Warranties and Disclaimers

You acknowledge that the Products are under development, and numerous technical, financial, and practical obstacles may interfere with their delivery to you and with their functioning thereafter. Therefore, the Products are provided "as is" and we and our Products manufacturers disclaim all warranties and conditions of any kind, whether express or implied, with respect to the Products or any other subject matter hereof, including, without limitation, any warranties of merchantability, fitness for a particular purpose. These disclaimers shall not apply to health dangers, life dangers and bodily injuries or as otherwise prohibited by the applicable law.

Limitation of Liability

You expressly understand and agree that, to the maximum extent permitted by the applicable law, we shall not be liable to you or to any other parties under any theory of liability (i) for any indirect, incidental, special, consequential, punitive or exemplary damages, that may be incurred by you in connection with the Products or these Terms, or for any loss of income, profits, bargain, revenue, contracts, goodwill, use, enjoyment, time, data, electronically transmitted orders or other economic advantage, arising from or relating to the Products, even if we have been advised of or should have been aware of the possibility of any such losses arising, except in the event of health dangers, life dangers and bodily injuries. (ii) for inability to order the Products via our website, or damages which occur due to unauthorized access by a third party to your Order.

You expressly understand and agree that, to the maximum extent permitted by the applicable law, our total liability in connection with the Products or these Terms shall not exceed the amount actually paid by you to us under these Terms.

Personal Information

By placing an Order, you acknowledge and accept that we may store, process and use personal information collected from your Order Form for the purposes of processing the Order. We may also share such personal information globally with Goldee Ltd. and with other companies that help us provide the Products to you, such as freight carriers and credit card processing companies. We shall protect your personal information in accordance with our Privacy Policy.

Export Control and responsibility for complying with the applicable laws

You acknowledge that the Products listed as items for sale may be subject to export control laws and regulations of jurisdictions, including, but not limited to, the countries of the European Economic Area. You confirm that, should this be the case, you will not export or re-export them in breach of such laws or regulations.

You are bound to comply with all the applicable laws and regulations of the country to which the Products are destined. We shall not be liable or responsible if you break any such law.

Changes to Terms and website

We reserve the right to amend these Terms at any time, including payment and warranty terms, without notice, so please review these Terms each time prior to making a purchase of the Products. However, Contracts executed on the basis of previous Terms remain unaffected and Terms, including the Product prices are such, which apply at the time of the Customer’s Order placement.

Although care is taken to ensure the accuracy of the information on our website, it could include inaccuracies or typographical errors, including pricing errors. We shall not be obliged to honour, nor be liable in respect of, such errors, except for errors concerning characteristics and nature of the Products (i.e. incorrect products specification). In this case at our discretion, we may offer you with the Products which fulfil or are close to the initially described the Products specification (if any).

We may make improvements and/or changes in Products, prices and other details described in our website, at any time. Changes are periodically made to update our website.

Communication and notice

You acknowledge and accept that communication with us will be mainly electronic. In addition, you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. We will usually contact you by email or provide you with information by posting notice on the our website. By placing an Order, we collect and store your email address. From that point forward, your email address may be used to send you all agreements, notices, disclosures and other communications that we provide to you (referred to as “notices“). We may also give any notices to you at the postal address you provide to us when placing an Order. Notices given by you to us may be given to our email address at [email protected] or to our postal address Nemcovej 30, Kosice 042 18, Slovakia, European Union. Notices will be deemed received and properly served immediately when posted on our website or 24 hours after an email is sent or day after the date of delivering of any letter. In proving the service of any notices, it will be sufficient to prove, in the case of an email, when such email was sent to the specified email address of the addressee and, in the case of a letter, upon the acknowledgement of delivery being signed by the addressee. We may provide notices to you as required by law or for marketing or other purposes (at our option) to your email address. We are not responsible for any automatic filtering you or your network provider may apply to email notifications.

No waiver

Omission or delay by us to insist on strict performance of these Terms, or to exercise any right, power or remedy under these Terms shall not constitute a waiver of our rights against you and does not affect our right to require future performance thereof.

Circumstances beyond our reasonable control

We shall make every effort to perform our obligations under these Terms. However, we shall not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by any circumstances beyond our reasonable control, including, without limitation, acts of God, strikes, lock-outs or other industrial action by third parties, civil commotion, riot, terrorist attack, war, fire, explosion, storm, flood, earthquake, epidemic or other natural disaster, failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport (e.g. supplier/transport issues) and governmental or regulatory action. In the event of a delay, we shall perform our obligations as soon as reasonably possible.

Severability

If all or any part of one or more of these Terms is or becomes illegal, invalid, unenforceable, or prohibited in any respect under the applicable law or regulation or found to be illegal or unenforceable in whole or in part under the applicable law, or with respect to a certain category of persons, such provision or part shall, to that extent, be deemed not to form part of the Contract. The legality, validity or enforceability of the remainder of these Terms or the remaining parts of the relevant Term shall not in any way be affected or impaired thereby.

Governing Law, Jurisdiction

The sale of the Products and these Terms shall be governed by and construed in accordance with the laws of Slovakia without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. In addition, Customers agree that any claim, action or dispute arising under or relating to the Contract or these Terms will be submitted to the exclusive jurisdiction of the Courts of Slovakia. In the case that Customers are not from Slovakia they will be subject to the exclusive jurisdiction of the Kosice District Court I. of Slovakia. Nothing in the foregoing will prevent us from bringing an action for infringement of intellectual property rights in any country where such infringement is alleged to occur.

Contact information

Goldee s.r.o. (the "Company") a subsidiary of Goldee Ltd
Nemcovej 30, Kosice 042 18, Slovakia, European Union
VAT ID: SK2023699139
[email protected]
+421 948 620 028