Terms of Service
Golden Dude Leathers. Terms of Use
Terms of Use posted on October 17, 2020 (Effective Date) Welcome to Golden Dude Leathers. Thank you for visiting us at www.goldendu.de (the "Site"). Our Site is owned and operated by Pointer International LLC ("Golden Dude" or "we" or "us" or "our"). These terms of use ("Terms") explain a contractual agreement between you and Golden Dude regarding your use of the Site.
PLEASE READ THESE TERMS OF USE CAREFULLY AS YOUR USE OF THE SITE CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS AND YOUR AGREEMENT TO ABIDE BY THEM. Do not use the Site if you do not agree with these Terms.
You should visit this page and periodically reread these Terms as Golden Dude reserves the right at its sole discretion to update, modify, and revise these Terms at any time. Any such changes to these Terms will be effective within five days of posting, and your continued use of the Site following such changes constitutes your acceptance of the changed Terms and your agreement to be bound by them. When Golden Dude changes these Terms, Golden Dude will provide notice by updating the effective date above.
Your Privacy Your personal privacy is very important to Golden Dude. If you have not already reviewed it, please read Golden Dude's Privacy Policy here. If we make a change to our Privacy Policy that we reasonably believe may considerably affect how we collect, disclose, or otherwise share your personal information, we will post a separate notice to that effect on our home page with a link to the revised Privacy Policy.
Ordering Process & Customization of Products We cannot guarantee that products advertised on our Site will be available when ordered or thereafter. Nor can we guarantee that customization of products as advertised on our Site will be available when ordered or thereafter. If we cannot deliver any of the products ordered because they are out of stock or no longer available and/or because customization of the product for you will not be possible, you will be advised by email. We reserve the right to accept or reject any order prior to customization of the product for you or shipment of the order. You will receive online confirmation that your order has been received by us after you place your order on the Site. This online confirmation that your order has been received does not constitute acceptance of your order. Rather, shipment of each customized product in your order will constitute acceptance of your order. You will be notified of shipment via an automatic e-mail to the e-mail address provided in the order form. Your credit card will be charged when the item is shipped to you.
Price The price for each product that you order is the price that appears on our Site. By placing an order, you agree to pay such price as well as all taxes and shipping costs. Taxes and shipping costs will be calculated and apply at the date of shipping. We reserve the right to modify at any time the shipping charges without notice.
Rejection or Cancellation of Orders We reserve the right at any time after receipt of your order to reject or delay fulfillment of your order for any reason and Golden Dude will contact you at the e-mail address provided in the order form if it rejects or delays fulfillment of any products in your order. In the event that Golden Dude rejects any product in the order, Golden Dude will have no obligation to fulfill that product order and you will have no obligation to pay for that product.
Shipping, Returns and Exchanges Your order will be shipped by Golden Dude’s third-party carrier. Golden Dude is not responsible for any loss of the products following delivery of the products to its third party carrier. Due to the customized nature of our products, Golden Dude does not offer exchanges, refunds or credits for products purchased online. Please contact our customer service via email at info@goldendu.de if you have a question.
Use of Site and Limited License This Site contains material, including photographs, artwork, text, data, icons, third-party information, software and code used to generate the pages on the Site, images, artwork, video, music, sounds, layout, look, appearance, trademarks, information and other Golden Dude content (collectively "Content"), which is derived in whole or in part from material supplied by Golden Dude and other sources, and is protected by international copyright, trademark, patent, privacy, publicity, communications, and other laws, rules and regulations. Unauthorized use of the Content may violate these laws and/or applicable communications regulations and statutes, and is strictly prohibited. You must preserve all copyright, trademark, service mark and other proprietary notices contained in the original Golden Dude Content on any authorized copy You make of the Content.
You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute in any way any Content (unless submitted by you) without Golden Dude's prior permission. You may print or download one copy only of Content from the Site for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices.
The following trademarks and service marks are owned by Golden Dude: GOLDEN DUDE, Dog Face (logo), POINTER and POINTER (logo).
We grant you a personal, limited, non-exclusive, nontransferable license to access and make personal use of the Site and the Content and other information contained on the Site. This license does not include any resale or commercial use of the Site; any collection and commercial use of any photographs or other Content published on the Site; any non-personal use of our product names, listings, descriptions, or prices; any derivative use of the Site; any downloading, copying, or other use of the Site or the Content for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. You may use the Site only as permitted by law. All rights not expressly granted to you in these Terms are reserved and retained by us and/or our suppliers and licensors. The licenses granted by us to you automatically terminate if you do not comply with these Terms.
Using the Golden Dude Trademarks and Intellectual Property Golden Dude does not permit the use of its trademark in advertising as an endorsement for any product or service or for any other commercial purpose without permission. Graphics, artwork, drawings, preliminary sketches, digital draft, designs, trademarks, and Content created by Golden Dude are the property of Golden Dude and may not be used without permission.
Information Available on the Site Golden Dude does not guarantee, and assumes no responsibility for, the accuracy, timeliness, correctness, or completeness of the Content. Any conclusions that users draw from the information presented here are their own and are not to be attributed to Golden Dude. You agree that you must evaluate, and bear all risk associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
Links to Third-party Sites Golden Dude may provide relevant links to information outside of the Site as additional resources for users of the Site. However, Golden Dude does not endorse any views expressed, or products or services offered, through or on such third-party websites. Neither Golden Dude nor its affiliates operate or control in any respect, or are in any way responsible for, any information, products, or services on these third-party sites. You should carefully review the terms of service and privacy policies on any such third-party site as these Terms and Golden Dude's Privacy Policy do not apply to your activities on such third-party sites.
Content Posted on the Site by Third-party Content and Advertising Partners Some of the Content posted on the Site may be posted by third-party content and advertising partners ("Third-party Content") with whom we have relationships ("Content Providers"). You hereby acknowledge that (i) Golden Dude is not responsible and disclaims any and all liability for any aspect of such Third-party Content, (ii) the Content Provider posting such Third-party Content on the Site is solely and exclusively responsible for such Third-party Content, (iii) Golden Dude makes no express or implied warranties whatsoever with respect to the accuracy, relevancy, legality, or decency of such Third-party Content, and (iv) Golden Dude cannot and does not guarantee that Third-party Content complies with these Terms.
Disclaimer of Warranties THE CONTENT AVAILABLE ON THIS SITE AND THE THIRD-PARTY SITES IS PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. GOLDEN DUDE, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. GOLDEN DUDE MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS. TO THE FULLEST EXTENT POSSIBLE BY LAW, GOLDEN DUDE DOES NOT WARRANT THAT THE SITE OR ANY GOLDEN DUDE SERVICE WILL OPERATE ERROR-FREE OR THAT THE SITE AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE SITE OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA OR ANY OTHER COSTS, GOLDEN DUDE IS NOT RESPONSIBLE FOR THOSE COSTS. YOU (AND NOT GOLDEN DUDE) ASSUME THE ENTIRE COST NECESSARY FOR YOU TO ACCESS AND USE THE SITE.
Limitation of Liability UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, CONTRACT, OR OTHER TORT THEORY OF LIABILITY, SHALL GOLDEN DUDE, ITS SUBSIDIARIES AND PARENT COMPANIES OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR OTHERWISE THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE CONTENT AND/OR SITE EVEN IF GOLDEN DUDE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT GOLDEN DUDE IS NOT LIABLE FOR ANY CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH ANY CONTENT AVAILABLE ON THE SITE, OR WITH THESE TERMS DISCONTINUE USING THE SITE.
TO THE FULLEST EXTENT POSSIBLE BY LAW, IN NO EVENT SHALL GOLDEN DUDE, ITS SUBSIDIARIES AND PARENT COMPANIES OR AFFILIATES AND ITS EMPLOYEES BE LIABLE FOR ANY CLAIM OF ANY NATURE WHATSOEVER BASED ON LOSS OR INJURY BECAUSE OF ERRORS, OMISSIONS, INTERRUPTIONS OR INACCURACIES IN OUR SITE OR ANY SERVICES OR MATERIALS AVAILABLE THROUGH OUR SITE INCLUDING LOSS OR INJURY THAT RESULTS FROM YOUR BREACH OF ANY PROVISION OF THESE TERMS.
TO THE FULLEST EXTENT POSSIBLE BY LAW, IN NO EVENT SHALL GOLDEN DUDE OR ITS DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES (INCLUDING LOST REVENUES OR PROFITS, LOSS OF BUSINESS OR LOSS OF DATA) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OUR SITE OR SERVICES AVAILABLE THROUGH OUR SITE.
Termination These Terms will remain in full force and effect while You are a user of the Site and may be terminated by Golden Dude at any time with or without notice. Additionally, in the event that you violate these Terms, you are no longer authorized to use or access the Site. You hereby acknowledge that the restrictions imposed on you with respect to any Content downloaded from the Site, the disclaimers and limitations of liabilities, and your indemnification obligations, shall survive the termination of these Terms.
Additional Terms Certain areas of the Site may be subject to additional Terms. By using such areas, or any part thereof, you agree to be bound by the additional Terms applicable to such areas. Additionally, certain Services offered through the Site and Golden Dude may also be subject to other contracts with Golden Dude containing additional Terms. You agree to be bound by the additional Terms in any other contract you may have with Golden Dude. In the case of any conflict between these Terms and any contract you have with Golden Dude, the terms of your contract will prevail.
International Use This Site is managed in New York, New York. Golden Dude makes no representation that Content of, or any services or products available through, the Site are appropriate or available for use in locations outside the United States. Accessing the Site from territories where the Site's Content is illegal is expressly prohibited. If you view the Site and/or access the services from any country other than the United States of America, you acknowledge that you are doing so on your own initiative and you are solely responsible for compliance with all applicable laws.
Deactivation of the Site We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site, or any part or portion thereof, with or without notice to you. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site, or any part or portion thereof. Nothing in these Terms Of Use shall be construed to obligate Golden Dude to maintain and support the Site, or any part or portion thereof, during the term of these Terms Of Use.
Miscellaneous
Governing Law You hereby agree that these Terms and your use of the Site shall be governed in all respects by the internal substantive laws of New York, without regard to its conflicts of laws provisions. You hereby submit to exclusive jurisdiction and venue in the state and federal courts located in New York County, New York, for all disputes, cases, and controversies regarding this Site, your use of this Site, and your relationship with Golden Dude.
Limitation on Claims YOU AND GOLDEN DUDE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. TO THE FULLEST EXTENT POSSIBLE BY LAW, GOLDEN DUDE’S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SITE OR YOUR USE OF THE CONTENT OR SERVICES, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED $100.
No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Golden Dude's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
Entire Agreement and Severability Unless otherwise specified herein, these Terms constitute the entire agreement between you and Golden Dude with respect to your use of the Site and supersede all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and Golden Dude with respect to the subject matter hereof. If any provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
Eligibility You affirm that you are either 18 or older, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into and be legally bound by these Terms. You must be 18 years or older or the age of majority in your jurisdiction to visit or use our Site in any manner.
Assignment These Terms, and any rights and/or licenses granted hereunder, may not be transferred or assigned by you, but may be transferred or assigned by Golden Dude without restriction.
Contact Information
If you have any questions regarding these Terms Of Use, you may contact us by sending an email to info@goldendu.de or by postal mail at: Pointer International LLC, 450 Sixth Avenue #3A, New York, NY 10011.