Terms and Conditions
PRODUCTS AND SERVICES FOR PERSONAL USE
The products and services available on the Site, and any samples thereof we may provide to you, are for personal use only. You may not sell or resell any of the products or services, or samples thereof you purchase or otherwise receive from us. We reserve the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products or services to be provided to you that we believe, in our sole discretion, may result in the violation of our Terms and Conditions.
PURCHASE RELATED POLICIES AND PROCEDURES
To view policies and procedures related to orders placed through this Site (such as order processing, shipping and handling, returns and exchanges), click here.
ACCURACY OF INFORMATION
We attempt to be as accurate as possible when describing our products on the Site; however, to the extent permitted by applicable law, we do not warrant that the product descriptions, colors, information or other content available on the Site are accurate, complete, reliable, current, or error-free.
All information and content available on the Site and its look and feel, including but not limited to trademarks, logos, service marks, text, graphics, logos, button icons, images, audio clips, data compilations and software, and the compilation and organization thereof (collectively, the “Content”) is the property of GOLD ELEMENTS Online, our affiliates, partners or licensors, and is protected by United States and international laws, including laws governing copyrights and trademarks. Except as set forth in the limited licenses in Section 6 below, or as required under applicable law, neither the Content nor any portion of the Site may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our express, prior written consent.
We grant you a limited, revocable, and non-exclusive license to access and make personal use of the Site. This limited license does not include the right to: (a) frame or utilize framing techniques to enclose the Site or any portion thereof; (b) republish, redistribute, transmit, sell, license or download the Site or any and/or all Content (except caching or as necessary to view the Site); (c) make any use of the Site or any and/or all Content other than personal use; (d) modify, reverse engineer or create any derivative works based upon either the Site or any and/or all Content; (e) collect account information for the benefit of yourself or another party; (f) use any meta tags or any other “hidden text” utilizing any and/or all Content; or (g) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure. You must retain, without modification, all proprietary notices on the Site or affixed to or contained in the Site. We also grant you a limited, revocable, and nonexclusive license to create a hyperlink to the home page of the Site for personal, non-commercial use only. A website that links to the Site (i) may link to, but not replicate, any and/or all of our Content; (ii) may not imply that we are endorsing such website or its services or products; (iii) may not misrepresent its relationship with us; (iv) may not contain content that could be construed as distasteful, obscene, offensive controversial or illegal or inappropriate for any ages; (v) may not portray us or our products or services, in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate us with undesirable products, services, or opinions; and (vi) may not link to any page of the Site other than the home page. We may, in our sole discretion, request that you remove any link to the Site, and upon receipt of such request, you shall immediately remove such link and cease any linking unless separately and expressly authorized in writing by us to resume linking. Any unauthorized use by you of the Site or any and/or all of our Content automatically terminates the limited licenses set forth in this Section 6 without prejudice to any other remedy provided by applicable law or these Terms and Conditions.
YOUR OBLIGATIONS AND RESPONSIBILITIES
In the access or use of the Site, you shall comply with these Terms and Conditions and the special warnings or instructions for access or use posted on the Site. You shall act always in accordance with the law, custom and in good faith. You may not make any change or alteration to the Site or any Content or services that may appear on this Site and may not impair in any way the integrity or operation of the Site. Without limiting the generality of any other provision of these Terms and Conditions, if you default negligently or willfully in any of the obligations set forth in these Terms and Conditions, you shall be liable for all the losses and damages that this may cause to GOLD ELEMENTS Online, our affiliates, partners or licensors.
You may choose to register at our Site if you are over thirteen (13) years of age. Do not register if you are not over thirteen (13) years of age. If you are over thirteen (13) years of age and do register, you will have an email address/username and password for your account. You are responsible for maintaining the confidentiality of your account, username and password and for restricting access to your computer. You are responsible for keeping such information current, complete, accurate and truthful. You agree to accept responsibility for all activities that occur under your account, username and/or password. You agree to provide only current, complete, accurate and truthful information. If you are accessing and using the Site on someone else’s behalf, you represent that you have the authority to bind that person as the principal to all Terms and Conditions provided herein, and to the extent you do not have such authority you agree to be bound to these Terms and Conditions and to accept liability for harm caused by any wrongful use of the Site or Content resulting from such access or use. We reserve the right to refuse service and/or terminate accounts without prior notice if these Terms and Conditions are violated or if we decide, in our sole discretion, that it would be in GOLD ELEMENTS Online’s best interests to do so.
THIRD PARTY LINKS
We are not responsible for the content of any off-website pages or any other websites linked to or from the Site. Links appearing on the Site are for convenience only and are not an endorsement by us, our affiliates or our partners of the referenced content, product, service, or supplier. Your linking to or from any off-website pages or other websites is at your own risk. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of, off-website pages or any other websites linked to or from the Site, nor do we assume any responsibility or liability for the actions, content, products, or services of such pages and websites, including, without limitation, their privacy policies and terms and conditions. You should carefully review the terms and conditions and privacy policies of all off-website pages and other websites that you visit.
SPECIAL FEATURES, FUNCTIONALITY AND EVENTS
When you transmit, upload, post, e-mail or otherwise make available data, text, software, music, sound, photographs, graphics, images, videos, messages or other materials (“User Content”) on the Site, you are entirely responsible for such User Content. Such User Content constitutes a Submission under Section 11 above. This means that all third parties, and not we, are entirely responsible for all User Content that they post to the Site. You agree not to engage in or assist or encourage others to engage in transmitting, uploading, posting, e-mailing or otherwise making available on the Site User Content that (a) is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (b) you do not have a right to make available under any law or under contractual or fiduciary relationships; (c) is known by you to be false, inaccurate or misleading; (d) you were compensated for or granted any consideration by any third party; or (e) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party. In addition, you agree not to transmit, upload, post, e-mail, or otherwise make available any software viruses, unsolicited or unauthorized advertising, solicitation or promotional material, including chain letters, mass mailings, or any form of “spam.” You further agree not to (i) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity; (ii) “stalk” or otherwise harass including advocating harassment of another, entrap or harm any third party including harming minors in any way; (iii) forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content; (iv) intentionally or unintentionally violate any applicable local, state, national or international law; or (v) collect or store personally identifiable data about other users. We do not endorse or control the User Content transmitted or posted on the Site and therefore, we do not guarantee the accuracy, integrity or quality of User Content. You understand that by using the Site, you may be exposed to User Content that is offensive, indecent or objectionable to you. Under no circumstances will we be liable in any way for any User Content, including, without limitation, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred by you as a result of the use of any User Content transmitted, uploaded, posted, e-mailed or otherwise made available via the Site. You acknowledge that we have the right (but not the obligation) in our sole discretion to refuse to post or remove any User Content and we reserve the right to change, condense, or delete any User Content. Without limiting the generality of the foregoing or any other provision of these Terms and Conditions, we have the right to remove any User Content that violates these Terms and Conditions or is otherwise objectionable and we reserve the right to refuse service and/or terminate accounts without prior notice for any users who violate these Terms and Conditions or infringe the rights of others.
We respect the intellectual property of others. If you believe that a work has been copied on the Site in a way that constitutes copyright infringement, view DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE POLICY at the bottom of this page to find out how to notify us of a claimed infringement.
REPRESENTATIONS AND WARRANTIES; LIMITATION OF LIABILITY
THE SITE IS PRESENTED “AS IS.” WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS AND CONDITIONS OR THE SITE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, EXCEPT TO THE EXTENT SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE. YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE RESPONSIBLE OR LIABLE (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE), UNDER ANY CIRCUMSTANCES, FOR ANY (a) INTERRUPTION OF BUSINESS; (b) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE SITE; (c) DATA NON-DELIVERY, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (d) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF OFF-WEBSITE LINKS ON THE SITE; (e) COMPUTER VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE SITE, INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY WEBSITES (f) ANY INACCURACIES OR OMISSIONS IN CONTENT OR (g) EVENTS BEYOND OUR REASONABLE CONTROL. FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE SITE OR YOUR USE THEREOF REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED ONE HUNDRED DOLLARS ($100.00). YOU AGREE THAT NO CLAIMS OR ACTION ARISING OUT OF, OR RELATED TO, THE USE OF THE SITE OR THESE TERMS AND CONDITIONS MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION RELATING TO SUCH CLAIM OR ACTION AROSE.
You agree to defend, indemnify and hold us harmless for any loss, damages or costs, including reasonable attorneys’ fees, resulting from any third party claim, action, or demand resulting from your use of the Site or breach of these Terms and Conditions. You also agree to indemnify us for any loss, damages, or costs, including reasonable attorneys’ fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.
With respect to any dispute regarding the Site, all rights and obligations and all actions contemplated by these Terms and Conditions shall be governed by the laws of New York, as if the Terms and Conditions were a contract wholly entered into and wholly performed within New York. Any dispute relating in any way to your visit to the Site shall be submitted to confidential arbitration in New York and you submit to the jurisdiction and proceedings thereof, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights or the intellectual property rights of our affiliates, partners or licensors or otherwise have a cause of action in equity, we may seek injunctive or other appropriate relief in any court of competent jurisdiction and you consent to jurisdiction and venue in any such court for such purposes. Arbitration under this agreement shall be conducted under the Consumer-Related Disputes Supplementary Rules then prevailing with the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms and Conditions shall be joined to an arbitration involving any other party subject to this Terms and Conditions, whether through class arbitration proceedings or otherwise.
CONSEST TO RECEIVE NOTICES ELECTRONICALLY BY POSTING ON THE SITE AND VIA MAIL
You acknowledge and agree that these Terms and Conditions constitute the complete and exclusive agreement between us concerning your use of the Site, and supersede and govern all prior proposals, agreements, or other communications. We reserve the right, in our sole discretion, to change these Terms and Conditions at any time by posting the changes on the Site and providing notice of such change. Any changes are effective immediately upon posting to the Site and release of notice of such change. Your continued use of the Site thereafter constitutes your agreement to all such changed Terms and Conditions. We may, with or without prior notice, terminate any of the rights granted by these Terms and Conditions. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Site. Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, or other form of joint enterprise between us. Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of these Terms and Conditions shall be unenforceable or invalid under any applicable law or be so held by any applicable arbitral award or court decision, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole but these Terms and Conditions shall be modified, to the extent possible, by the adjudicating entity to most fully reflect the original intent of the parties as reflected in the original provision.. If you have any questions regarding these Terms and Conditions, please email us at [email protected]ements-usa.com. DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE POLICY Consistent with the Digital Millennium Copyright Act, if you believe that copyrighted materials have been copied in a way that constitutes copyright infringement, please send an e-mail or written notice to our Designated Agent for notices of infringement and provide the following: • A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest that you claim is infringed; • Identification of the copyrighted work(s) that you claim has been infringed; • A description of the material that you claim is infringing and the location of that material on the Site; • Your address, telephone number and email address; • A statement by you that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Copyright © PREMIER North America, LLC.
Samples include both individual samples and full set sample packs. Only one sample per order, per person. Orders including multiple samples will not be processed.
E-GIFT CARD TERMS & CONDITIONS
COLLECTING YOUR PERSONAL INFORMATION
OPT-IN COMMUNICATION AND THIRD PARTY INVOLVEMENT
USE OF COLLECTED INFORMATION
If you have elected to provide us with your contact information by registering on GoldElements-usa.com, emailing our customer service department, placing an order or by other means, we may provide you with service-related announcements concerning GOLD ELEMENTS or contact you regarding your customer service requests or your order. These types of communications are necessary to serve you, respond to your concerns, and to provide the high level of customer service that GoldElements-usa.com offers its customers. We may use the information you provide in aggregate (non-personally identifiable) form for internal business purposes, such as generating statistics and developing marketing plans. We may collect, store, or accumulate certain non-personally identifiable information concerning your use of GoldElements-usa.com, such as information regarding which of our pages are most popular. We may share or transfer non-personally identifiable information with or to our affiliates, licensees, and partners.
COMPLIANCE WITH LAWS
GOLD ELEMENTS may disclose any information, including personally identifiable information, we deem necessary, in our sole discretion, to comply with any applicable law, regulation, legal process, or governmental request. We may also exchange information, including personally identifiable information, with other companies and organizations for credit fraud protection and risk reduction.
GOLD ELEMENTS may place a cookie on your computer’s hard drive so we can recognize you as a return user and personalize your experience. A cookie is a piece of data that is stored on your computer’s hard drive until you remove it, enabling us to track and target your preferences. We may also use temporary or session cookies to help you shop, which will expire after you place an order. You can set your browser to notify you of, or automatically reject, cookies. If you turn off this feature in your browser, you may still use GoldElements-usa.com, but you may be limited in the use of some of the features.
THIRD PARTY LINKS
GOLD ELEMENTS implements various security measures in accordance with industry standards to protect your personal information both online and offline. If you have any questions about security on GoldElements-usa.com, you can email us at [email protected]
NOTIFICATION OF CHANGES
UPDATING YOUR INFORMATION
You have the ability to review, change and/or correct the personally identifiable information you provide us by emailing us at [email protected], or calling 1-404-492-8133. If you are a registered user, you can also review, change or correct your personal information at any time by logging in to your account by clicking the log-in link on GoldElements-usa.com. You may request that we deactivate your account by emailing us at [email protected]
RETURNS & EXCHANGES
If for any reason you are not happy with your purchase on Goldelements-usa.com, we will happily accept returns in accordance with the following Return Policy: • Contact us at 1-855-720-4653 to speak to a Customer Service Representative and receive your return authorization. • You must have purchased the item from us at www.goldelements-usa.com • To obtain a refund, the item must be returned to us, unopened (unless the item was received by you in a defective or damaged condition) and in its original packaging, with all accessories, within 7 days from the date the item was received. You must also follow the Return Procedures. Used items can be returned for Exchange only. Exchanges are accepted within a period of 14 days from the delivery date. • Damaged or defective items returned without their original packaging will not receive a refund.
If you are entitled to a refund in connection with a return, the following conditions will apply: • Your refund will be in the form of payment used for the purchase. • The amount refunded will be the purchase price paid by you for the returned item (which reflects the amount of any discounts, promotions or coupons that you received). • Credits will be issued after we receive, inspect and process your return. Please allow time for the returned item to be delivered to us, for us to inspect and process the return, and for the credit card issuer to credit your account. Your credit card company determines when the credit will be reflected in your statement. It may take one full billing cycle for the credit to appear on your account. • Contact us at 1-855-720-4653 to speak to a Customer Service Representative for any questions about your return, or to inquire about the status of your refund
We will gladly exchange your items within a period of 14 days from the delivery date. • Call 1-855-720-GOLD (4653) to process an exchange. Our Online Experts will be happy to help you find a product to better suit your needs—we will cover the label cost. • A free return label will be provided to you via email. Simply print the label and affix it to the return package. • If you are making an exchange, please note that the total cost of your exchange may be more than the amount of your return. In that case, charges may apply. The returned item must be in equal or lesser value of the new item. • Follow the shipping instructions provided in the email containing the prepaid label to send your return package. For your protection and to ensure prompt delivery, we recommend that you send your return via FedEx or insured USPS. Your return and exchange will be processed promptly and will be shipped via FedEx or USPS. Processing and transit time for exchange packages is usually 3-5 business days from the time the exchange is received. Business days are from Monday to Friday, excluding federal holidays within the United States. An email will be sent to confirm receipt and processing of your return or exchange request. If the items you received are damaged, please refer to Damaged Items. Please note: Only products purchased on Goldelements-usa.com may be returned for an exchange. If you have questions about returns or exchanges, please contact us by phone at 1.855.720.GOLD (4653). or via email at [email protected] *for International returns please contact our customer service department.
When your order arrives, please inspect the carton for any damage that may have occurred during shipment. It is normal for the shipping carton to show some wear, however, if damage occurred to the item(s) in your shipment, please contact us immediately at 1.888.720.GOLD (4653) Please provide the order number along with your email address and phone number for fastest service. To assure prompt resolution, please retain the shipping box, packing materials and the damaged items for inspection by the carrier.
RETURNS AT A RETAIL LOCATION
Items purchased in GOLD ELEMENTS retail locations must be returned to their original point of purchase. Returns/exchanges are subject to the related company policy. If for any reason you are having difficulties to solve a purchase issue, please E-mail us: [email protected] or call 1.855.720.GOLD (4653)