Terms of service
OVERVIEW
Welcome to GOLD AND COVE! The terms “we,” “us,” and ‘our’ refer to GOLD AND COVE. GOLD AND COVE operates this store and website, including all related information, content, features, tools, products, and services, to provide you, the customer, with a personalized shopping experience (the “Services”). GOLD AND COVE is built on Shopify, which enables us to provide you with the Services.
The following terms and conditions, together with the policies referenced herein (these “Terms and Conditions” or “Terms”), describe your rights and obligations when using the Services.
Please read these Terms and Conditions carefully, as they contain important information about your legal rights and cover topics such as warranty disclaimers and limitations of liability.
By visiting, interacting with, or using our Services, you agree to these Terms and Conditions and our Privacy Policy [https://www.goldandcove.com/policies/privacy-policy]. If you do not agree to these Terms and Conditions or the Privacy Policy, you may not use or access our Services.
SECTION 1 – ACCESS AND ACCOUNT
By agreeing to these Terms and Conditions, you represent that you are of legal age in the state or region where you reside and that you have given us your consent to allow your minor relatives to use the Services on devices that you own, have purchased, or manage.
In order to use the Services, including accessing or navigating our online stores or purchasing products or services we offer, you may be required to provide certain information, such as your email address and billing, payment, and delivery information. You represent and warrant that all information you provide in our stores is accurate, current, and complete, and that you have the full right to provide such information.
You are solely responsible for the security of your account login information and for all activity on your account. You may not transfer, sell, assign, or license your account to another person.
SECTION 2 – OUR PRODUCTS
We have made every effort to display our products and services in our online shops as accurately as possible. However, we would like to point out that the colors or appearance of the products may differ from those displayed on your screen due to the device you use to access the shop and its settings and configuration.
We do not guarantee that the appearance or quality of the products or services you purchase will meet your expectations or match the representations in our online stores.
All product descriptions are subject to change at any time without notice at our sole discretion. We reserve the right to remove products from our range at any time and to limit the quantities of products we offer to any person, geographical region, or jurisdiction on a case-by-case basis. No guarantee can be given for the durability of gold plating. Gold-plated products are sensitive and may lose their color intensity over time.
SECTION 3 – ORDERS
By placing an order, you are making an offer to purchase. GOLD AND COVE reserves the right to accept or reject your order at its sole discretion for any reason. Your order will only be considered accepted once it has been confirmed by GOLD AND COVE. Acceptance of your order is conditional upon receipt and processing of your payment. Please check your order carefully before submitting it, as GOLD AND COVE may not be able to accommodate cancellation requests after an order has been accepted. If we do not accept, change, or cancel an order, we will attempt to notify you via the email address or billing address provided at the time of ordering.
The return or exchange of your purchases is only possible in accordance with our right of withdrawal [https://www.goldandcove.com/pages/widerrufsrecht].
You represent and warrant that your purchases are for your personal use or use in your household and not for commercial resale or export. In the event of unavailability of goods and if an ordered product is no longer available after order confirmation, GOLD AND COVE reserves the right to cancel the order. In this case, any payments already made will be refunded immediately.
SECTION 4 – PRICES AND INVOICING
Prices, discounts, and special offers are subject to change without prior notice. The price charged for a product or service is the price valid at the time of the order and is specified in the order confirmation you receive by email. Unless expressly stated otherwise, the prices quoted do not include taxes, shipping, handling, customs, or import fees.
The prices quoted in our online stores may differ from the prices in brick-and-mortar stores or in online stores or other stores operated by third parties. We may offer promotions for the Services from time to time that may affect pricing and are subject to terms and conditions other than these Terms. In the event of any conflict between the terms of a promotion and these Terms, the terms of the promotion shall prevail.
You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made in our stores. You agree to promptly update your account and other information, including your email address, credit card numbers, and expiration dates, so that we can complete your transactions and contact you as needed.
You represent and warrant that (i) the credit card information you provide is true, accurate, and complete, (ii) you are authorized to use this credit card for the purchase, (iii) the costs incurred by you will be covered by your credit card company, and (iv) you will pay the costs incurred by you at the prices stated, including shipping and handling fees and all applicable taxes. All prices listed on the website are in euros (EUR) and include statutory value added tax (VAT). Your payment method will only be charged once the ordered goods have been shipped. The goods remain the property of GOLD AND COVE until full payment has been received.
SECTION 5 – SHIPPING AND DELIVERY
We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping providers, customs clearance, or events beyond our control. Once we have handed over the products to the shipping provider, the right of ownership and the risk of loss are transferred to you. Currently, shipping is only available within Germany and the EU. Within Germany, shipping is free for orders over EUR 120. The applicable shipping costs are displayed during the ordering process. After the goods have been shipped, the customer will receive a tracking number by email, provided that the shipment is within Germany. We are not liable for delivery problems resulting from an incorrect or incomplete delivery address provided by the customer.
SECTION 6 - RIGHT OF WITHDRAWAL
Consumers have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which the customer or a third party designated by the customer, who is not the carrier, took possession of the last goods. To exercise the right of withdrawal, a clear statement (e.g., a letter sent by mail or an email) regarding the decision to withdraw from this contract must be sent to the following address: Jacqueline Voigt, Loki-Schmidt-Platz 9, 22297 Hamburg, Germany; email: info@goldandcove.com. The model withdrawal form provided at the end of this section may be used for the withdrawal, but this is not mandatory. If the withdrawal is made electronically, the customer will receive confirmation of receipt promptly. To meet the deadline, it is sufficient to send the notification of the exercise of the right of withdrawal in good time. Items returned to GOLD AND COVE without prior request for return will not be accepted.
In the event of an effective cancellation, all payments received by GOLD AND COVE, including delivery costs (with the exception of additional costs resulting from the selection of a different type of delivery than the cheapest standard delivery offered), will be refunded immediately and at the latest within fourteen days of receipt of the cancellation notice.
The refund will be made using the same means of payment used for the original transaction, unless expressly agreed otherwise. No fees will be charged for the refund. GOLD AND COVE may refuse to refund until the goods have been returned.
The goods must be returned immediately and at the latest within fourteen days of the day of revocation. The deadline is met if the goods are sent back in time. The customer bears the direct costs of returning the goods. Within Germany, these amount to €4.99 per package, and for returns from other EU countries (outside Germany) to €13.99. These amounts will be deducted from the refund amount. The goods must be in their original condition, unworn and unused, and returned in their original packaging. The customer shall only be liable for any loss in value if this is attributable to handling that is not necessary for testing the condition, properties, and functionality of the goods.
Returns must be sent exclusively to the following address: Jacqueline Voigt, Loki-Schmidt-Platz 9, 22297 Hamburg, Germany. No customer traffic is possible at this address. Personal returns on site are not possible. Returns must be sent exclusively by post.
Sample cancellation form
(If you wish to cancel the contract, please fill out this form and return it.)
To:
Jacqueline Voigt
Loki-Schmidt-Platz 9
22297 Hamburg
Germany
Email: info@goldandcove.com
I/we hereby revoke the contract concluded by me/us for the purchase of the following goods / the provision of the following service:
...............................................................................
Ordered on () / received on ():
...............................................................................
Name of consumer(s):
...............................................................................
Address of the consumer(s):
...............................................................................
Signature of consumer(s) (only for paper notifications):
...............................................................................
Date:
...............................................................................
(*) Please delete as applicable.
In the event of complaints, please contact us by email at info@goldandcove.com.
SECTION 7 – INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, logos, text, artwork, images, graphics, product reviews, video and audio files, and their design, selection, and arrangement, are the property of GOLD AND COVE, its affiliates, or licensors and are protected by U.S. and foreign patent, copyright, and other intellectual property laws.
These Terms and Conditions permit you to use the Services solely for personal, non-commercial purposes. Without our prior written consent, you may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit the material in the Services. Except as expressly provided herein, nothing in these Terms of Use grants you any license or other rights to any patents, trademarks, copyrights, or other intellectual property of GOLD AND COVE, Shopify, or any third party, nor may any such grant be inferred from these provisions. Unauthorized use of the Services may constitute a violation of federal and state intellectual property laws. All rights not expressly granted herein are reserved by GOLD AND COVE. The names, logos, product and service names, designs, and slogans of GOLD AND COVE are trademarks of GOLD AND COVE or its affiliates or licensors. You may not use these trademarks without the prior written permission of GOLD AND COVE. The name, logo, product and service names, designs, and slogans of Shopify are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.
SECTION 8 – OPTIONAL TOOLS
You may be able to access customer tools provided by third parties as part of the Services, which we do not monitor, control, or influence.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We disclaim any liability arising from or related to the use of optional third-party tools.
Your use of any optional tools offered through the website is entirely at your own risk and discretion. You are responsible for familiarizing yourself with and accepting the terms and conditions under which the tools are provided by the respective third-party providers.
We may also offer new features through the Services in the future (including the release of new tools and resources). Such new features shall also be considered part of the Services and shall be subject to these Terms and Conditions.
GOLD AND COVE does not guarantee the uninterrupted availability of the website and Services. Maintenance work, technical malfunctions, or force majeure may lead to temporary outages.
SECTION 9 – THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any embedded third-party features). We are not responsible for reviewing or evaluating the content or accuracy of any third-party materials or websites that you choose to access at your own discretion. If you decide to leave the Services to access these third-party materials or websites, you do so at your own risk.
We are not liable for any harm or damages resulting from your access to third-party websites or from your purchase or use of any products, services, resources, or content on third-party websites. You should carefully review the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products or services should be directed to the applicable third party.
SECTION 10 – RELATIONSHIP WITH SHOPIFY
GOLD AND COVE is powered by Shopify, which enables us to provide you with the Services. However, all sales and purchases you make in our store are made directly with GOLD AND COVE. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspects of the transactions between you and GOLD AND COVE, including any injuries, damages, or losses arising from purchased products and services. You hereby expressly release Shopify and its affiliates from all liability for any claims, damages, and liabilities arising out of or in connection with your purchases and transactions with GOLD AND COVE.
SECTION 11 – PRIVACY POLICY
All personal data we collect through the Services is subject to our Privacy Policy, which can be viewed here https://www.goldandcove.com/policies/privacy-policy. In addition, certain personal data may be subject to Shopify's Privacy Policy, which can be viewed here. By using the Services, you acknowledge that you have read these privacy policies.
Since the Services are hosted by Shopify, Shopify collects and processes personal data about your access to and use of the Services in order to provide and improve the Services for you. Data that you submit to the Services is shared with Shopify and third-party providers, who may be located in countries other than the country in which you reside, in order to provide the Services to you. Please see our Privacy Policy [https://www.goldandcove.com/policies/privacy-policy] for more information about how we, Shopify, and our partners use your personal data.
SECTION 12 - DISPUTE RESOLUTION
The European Commission provides a platform for online dispute resolution (ODR), which can be accessed at https://ec.europa.eu/consumers/odr. GOLD AND COVE is not obliged and not willing to participate in dispute resolution proceedings before a consumer arbitration board.
SECTION 13 – FEEDBACK
If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively referred to as “Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any medium for any purpose, including commercial use. For example, we may use our rights under this license to operate, provide, evaluate, expand, improve, and promote the Services, and to fulfill our obligations and exercise our rights under the Terms and Conditions.
You further represent and warrant that: (i) you own all Feedback content or have all necessary rights to it; (ii) you have disclosed any compensation or incentives you have received in connection with submitting your Feedback; and (iii) your Feedback complies with these Terms and Conditions. We are not obligated to (1) treat your feedback as confidential, (2) pay compensation for your feedback, or (3) respond to your feedback. We reserve the right, but are not obligated, to monitor, edit, or remove feedback that we deem, in our sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or that violates any party's intellectual property or these Terms and Conditions. You warrant that your feedback does not infringe any third-party rights, including copyrights, trademark rights, data protection rights, personality rights, or other personal or property rights. You further warrant that your feedback does not contain any defamatory or otherwise unlawful, offensive, or obscene statements and is free of computer viruses or other malware that could in any way impair the operation of the Services or any associated website. You may not use a false email address, impersonate another person, or otherwise mislead us or third parties as to the origin of the feedback. You are solely responsible for your feedback and its accuracy. We assume no responsibility or liability for feedback posted by you or any third party.
SECTION 14 – ERRORS, INACCURACIES, AND OMISSIONS
Occasionally there may be information on or in the Services that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. In the event of inaccurate information, we reserve the right to correct any errors, inaccuracies, or omissions, change or update information, or cancel orders at any time without prior notice (even after you have submitted your order).
SECTION 15 – PROHIBITED USES
You may access and use the Services only for lawful purposes. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (c) to infringe or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm any of our employees or any other person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use, or reuse any material that does not comply with these Terms and Conditions; (g) to transmit or cause to be transmitted any advertising or promotional material, including “junk mail,” “chain letters,” “spam,” or other similar promotional materials; (h) to impersonate or attempt to impersonate another person or entity, or (i) engage in any other conduct that restricts or impedes the use of the Services or that, in our sole discretion, could harm GOLD AND COVE, Shopify, or users of the Services or expose them to liability.
In addition, you agree not to: (a) upload or transmit any viruses or other types of malicious code that in any way impair the functionality or operation of the Services; (b) reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services; (c) collecting or tracking the personal data of others; (d) engaging in spam, phishing, pharming, pretexting, spidering, crawling, or scraping activities; or (e) interfering with or circumventing the security features of the Services or any associated website, other websites, or the Internet. We reserve the right to suspend, disable, or terminate your account at any time without notice if we determine that you have violated any part of these Terms and Conditions.
SECTION 16 – TERMINATION OF THE CONTRACTUAL RELATIONSHIP
We may terminate this agreement or your access to the Services (or parts thereof) at any time without notice at our sole discretion. You will remain liable for all amounts due up to the date of termination of the contract.
The following sections shall survive termination of the contractual relationship: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.
SECTION 17 – DISCLAIMER OF WARRANTIES
The information presented in or through the Services is for general informational purposes only. We make no warranty as to the accuracy, completeness, or usefulness of this information. If you rely on this information, you do so at your own risk. We disclaim all liability and responsibility arising from your reliance on these materials, or the reliance of any other visitor to the Services or other person who is informed of their contents. Unless expressly stated by GOLD AND COVE, the Services and all products offered through the Services are provided “as is” and “as available” for your use, without any express or implied representations, warranties, or conditions of any kind, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. We do not guarantee or warrant that your use of the Services will be uninterrupted, timely, secure, or error-free. Some jurisdictions limit or do not allow the exclusion of implied or other warranties, so the above exclusion may not apply to you. New items are covered by a statutory warranty period of two years from receipt of the goods. Within this period, you are entitled to a replacement delivery if a product has a material or manufacturing defect. Damage caused by normal wear and tear, improper use, or accidents is excluded from the warranty. This applies in particular to wear and tear on the gold plating, as this can naturally fade over time.
SECTION 18 – LIMITATION OF LIABILITY
To the extent permitted by law, GOLD AND COVE, our partners, directors, officers, employees, affiliates, agents, contractors, service providers, or licensors, or those of Shopify and its affiliates, shall in no event be liable for any injuries, losses, claims, or direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, but not limited to, lost profits, lost revenues, lost savings, loss of data, replacement costs, or similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising out of your use of the Services or any products obtained through the Services, or for any other claims related in any way to your use of the Services or any product, including, but not limited to errors or omissions in content, or losses or damages of any kind arising from the use of the Services or the content (or products) published, transmitted, or otherwise made available through the Services, even if advised of the possibility of such damages.
SECTION 19 – INDEMNIFICATION
You agree to indemnify, defend, and hold harmless GOLD AND COVE, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities, or claims, including reasonable attorneys' fees, payable to third parties and arising out of (1) your breach of these Terms and Conditions or the documents they refer to, (2) your violation of any law or the rights of any third party, or (3) your access to and use of the Services.
We notify us of any indemnifiable claims, provided that failure to notify us immediately does not release you from your obligations unless it causes you significant disadvantage. We may control the defense and settlement of such a claim at your expense, including the choice of legal counsel, but we will not settle any claim that requires non-monetary obligations on your part without your consent (which may not be unreasonably withheld). You will cooperate in the defense of claims for damages, including by providing relevant documents.
SECTION 20 – SEVERABILITY CLAUSE
If any provision of these Terms and Conditions is found to be unlawful, void, or unenforceable, that provision shall nonetheless remain valid to the fullest extent permitted by law, and the unenforceable portion shall be deemed severed from these Terms and Conditions. The validity and enforceability of the remaining provisions shall not be affected by such determination.
SECTION 21 – WAIVER CLAUSE, ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
These Terms and Conditions and any policies or operating rules posted by us on this site or in respect to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service. They supersede all prior or contemporaneous agreements, communications, and offers, whether oral or written, between you and us (including, but not limited to, prior versions of the Terms and Conditions).
Ambiguities in the interpretation of these Terms and Conditions shall not be construed against the party that drafted them.
SECTION 22 – ASSIGNMENT
You may not assign, transfer, or delegate this Agreement or your rights or obligations under these Terms and Conditions without our prior written consent, and any attempt to do so shall be null and void. We may assign, transfer, or delegate these Terms and Conditions and our rights and obligations without your consent or notice to you.
SECTION 23 – GOVERNING LAW
These Terms and Conditions and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the federal, state, or territorial laws of the country in which GOLD AND COVE maintains its principal office. You and GOLD AND COVE consent to the jurisdiction and venue of such courts.
SECTION 24 – HEADINGS
The headings used in this agreement are for convenience only and have no effect on these Terms and Conditions.
SECTION 25 – CHANGES TO THE TERMS AND CONDITIONS
You can view the current version of the Terms and Conditions at any time on this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms and Conditions by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these terms in accordance with applicable law. Such changes will take effect on the date specified in the notice. By continuing to use or access the Services after changes to these Terms and Conditions have been posted, you agree to those changes.
SECTION 26 – CONTACT INFORMATION
If you have any questions about the Terms and Conditions, please contact info@goldandcove.com.
Our contact information is listed below:
GOLD AND COVE
represented by: Jacqueline Voigt
Loki-Schmidt-Platz 9, 22297 Hamburg, Germany; info@goldandcove.com