Legal Notices

Privacy Policy
 

Privacy Policy

Legal Notices

Version: 01-April-2016

 

 

D. PRIVACY POLICY

 

We care about your privacy.

 

Goldvish is committed to protecting your privacy and to complying with applicable data protection and privacy laws. Please read this privacy policy (the “Policy”) carefully as it explains how Goldvish International B.V. ('"we" or "us") and our affiliates use your personal information.

 

This Policy applies where we refer to this Policy and where we process of your personal data including:

 

• On this website support@goldvish.com;

• When you make an enquiry to us;

• Through your Goldvish account;

• When you buy and use our products or services;

• Through the Goldvish apps;

• When we send you offers, deals and news.

 

If you have any questions about the Policy or do not agree with it, please contact us at support@goldvish.com before using this website or our products and services.

 

We may change this Policy from time to time by updating this page. If this Policy is changed in a material way that is likely to adversely affect your privacy, we will post a notice advising of such change at the beginning of this Policy and on this site's home page for 30 days. You should check this page from time to time to ensure you are happy with any changes.

 

Who are we?

We are Goldvish International B.V. and subsidiaries or affiliates (“Goldvish”) ("we") or ("us"), a company registered in Amsterdam, The Netherlands with company number 34196108, having its registered office address in Switzerland at Alpenstrasse 15, 6300 Zug. You can contact us by email at support@goldvish.com or please write to us at Goldvish International B.V., PO Box 23613, 1100 EC Amsterdam Zuidoost, The Netherlands.

 

What Information do we collect and how do we use it?

 

In general:

In general, you can use our website without giving us any information. However, please bear in mind that we may still record:

 

• the areas of the website that you visit, the duration of your visit, how you entered the website; and

• information about your device, such as which browser you are using, your network location, the type of connection you are using (e.g. broadband, ADSL etc.).

 

We do this using cookies – see the cookies section below for more information.

 

We use this information for internal record keeping and improving our products and services.

 

Specific data collection:

We collect, or you may give us, specific information about you in the following situations:

 

You may choose to provide us with information about yourself when you use the website if you want to contact a boutique, receive our newsletter and update emails, or if you contact us. If you do this we will use your information only for the purpose for which it was provided. For more detail on our marketing policy, see the Marketing section below.

 

• On the website

 

We collect information relating to you and your purchase and use of our products and services and those of our partners and your other interactions with us. Such information may include device registration details, details of the queries or requests you have made, where, when and how they were made, the products and services purchased or provided, delivery details, bank account number, credit card details, billing address, credit checks and other such financial information, details of agreements between you and us, records of contacts and communications, information and details relating to the content you have provided us with and other such transactional information. We may, in accordance with applicable law, record your communications with our customer services operation or with other such contact points including Goldvish Concierge service and by any channel offered including but not limited to telephone, SMS, email or live chat.

 

This information is required in order to actually deliver our services and administer your account. We may also use this information to improve our products and services.

 

Some of our apps also require location based information to provide their service. For example when you make a location-based search, use location-enhanced weather features or request map data, your location data may be sent to us to serve you with the right content. This may also include location-based advertising within the app.

 

Some location-based services may allow you to associate your personal data with your location. Location-based services and features may use satellite, mobile, WiFi or other network-based positioning methods which may involve exchanging your location data, network identifiers and your unique device identifiers with a location server.

 

Depending on your positioning settings and your use of location services of other service providers, your device may connect to other service providers’ servers, which are not controlled or operated by us. We recommend you check the privacy policies of such service providers to understand how they process your location data. You can modify the positioning settings of your device from the device settings, for example change or disable positioning methods or location servers or modify the accuracy of your location data.

 

• Device Registration, purchases and interactions

 

We may also obtain, in accordance with applicable law, some personal data from list-rental companies or from publicly available sources. We may use this information to send you marketing that you may find interesting. See the 'General Marketing' section below for further details on our marketing.

 

• List rental

 

General Marketing

We would like to provide you with information about Goldvish’s products and services and those offered by its group companies, as well as other information about products and services from our partner and affiliate organizations which we think you may find interesting.

 

Where you have requested to receive information from us, or if you are a customer of ours or you have previously asked us for information on our products and services, we may send you such information by post, email and/or telephone unless you have asked us not to do so.

 

Some of the Goldvish Apps also deliver marketing that we believe you may find interesting. If you no longer wish to receive those messages, you should no longer use the relevant app.

We don't provide your personal information to external organizations (i.e. outside of the Goldvish group) for their own marketing purposes without your explicit consent.

 

If at any time you do not want your information used for direct marketing purposes please either follow the unsubscribe link in one of our marketing email messages or contact us at support@goldvish.com.

 

Do we share personal data?

 

We do not sell, lease, or rent your personal data to third parties. However we may share where we have your consent to do so, or in the following circumstances:

In some circumstances, we may have to disclose your personal information by law or because a court or the police or other law enforcement agency has asked us for it.

 

• Where legally required to do so

 

Some services may allow you to share your personal data with other users of the service or with other services and their users. Please consider carefully before disclosing any personal data or other information that might be accessible to other users.

 

• Your consent and social sharing services

 

We may share your personal data with other Goldvish companies or authorized third parties who process personal data for us for the purposes described in this Policy. This may include, for example, delivery of your purchases, providing services including customer service, managing and analyzing consumer data, credit checks, conducting market research and managing marketing and other such campaigns.

 

We may conduct joint marketing and other communications with our partners. To avoid duplicate or unnecessary communications and to tailor the message to you we may need to match information that we have collected with information that the partner has collected where this is permitted by law.

These authorized third parties are not permitted to use your personal data for any other purposes. We require them to act consistently with this Policy and to use appropriate security measures to protect your personal data.

 

• Goldvish companies and authorized third parties

 

If we decide to sell, buy, merge or otherwise reorganize our businesses in certain countries, this may involve us disclosing personal data to prospective or actual purchasers and their advisers, or receiving personal data from sellers and their advisers.

 

• Mergers and Acquisitions

 

International transfers of personal data

Our products and services may be provided using resources and servers located in various countries around the world. Therefore your personal data may be transferred across international borders outside the country where you use our services, including to countries outside the European Economic Area (EEA) that do not have laws providing specific protection for personal data or that have different legal rules on data protection, for example, the United States of America. In such cases we take steps to ensure that there is a legal basis for such a transfer and that adequate protection for your personal data is provided as required by applicable law, for example, by using standard agreements approved by relevant authorities (where necessary) and by requiring the use of other appropriate technical and organizational information security measures.

 

Security: What steps are taken to safeguard your information?

 

Privacy and security are key considerations in the creation and delivery of our products and services, including our apps and website. We have assigned specific responsibilities to address privacy- and security-related matters. We enforce our internal policies and guidelines through an appropriate selection of activities, including proactive and reactive risk management, security engineering, training and assessments. We take appropriate steps to address online security, physical security, risk of data loss and other such risks taking into consideration the risk represented by the processing and the nature of the data being protected. Also, we limit access to our data bases containing personal data to authorized persons having a justified need to access such information.

 

If at any point you suspect or become aware of a security incident (i.e. your password is stolen or you receive suspicious communication from someone holding themselves out to be a Goldvish employee or from a dupe website claiming to be affiliated with Goldvish), please forward the communication to us or report the incident by contacting Goldvish Support.

 

We keep data for as long as is necessary for the purpose for which we obtained it and in accordance with our data retention policies. Once it is no longer required, your data will be securely destroyed.

 

What are your rights?

 

You have a right to know what personal data we hold about you.

 

You have a right to have incomplete, incorrect, unnecessary or outdated personal data deleted or updated.

 

You have a right to unsubscribe from marketing messages and to request that we stop processing your personal data for direct marketing or market research purposes. However, if you opt out from receiving marketing and other communications from us and our affiliates and partners, we may still send you critical alerts pertaining to our products and services or contact you for these purposes.

 

How to get copies of or amend the information we have collected

 

You may request details of the personal information that we hold about you under data protection laws. If you would like a copy of the information held about you, please write to us at Goldvish International B.V., PO Box 23613, 1100 EC Amsterdam Zuidoost, The Netherlands or send us an email at support@goldvish.com. A small fee (up to €15) will be charged for providing copies of personal information

 

If you think any information we have about you is incorrect or incomplete, please write to us or email us as soon as possible. We will correct or update any information as soon as we can.

 

We encourage you to use available profile management tools, for example your Goldvish Account which provides you with direct access to your personal data and allows you to effectively manage it.

 

User Account Terms

Legal Notices

Version: 01-April-2016

 

B - USER ACCOUNT TERMS AND CONDITIONS

 

Please read these User Account Terms carefully before selecting the box to accept them.

These User Account Terms and the Site Terms set out the basis on which you are allowed to register and use your account, an area which you access by entering your unique user-name and password (your "Account") at the log-in page within www.goldvish.com (the “Site”) and which gives access to additional functionality to that found on the public areas of the Site.

 

 

1. Who are we?

 

We are Goldvish International B.V. and subsidiaries or affiliates (“Goldvish”) ("we") or ("us"), a company registered in Amsterdam, The Netherlands with company number 34196108, having its registered office address in Switzerland at Alpenstrasse 15, 6300 Zug. You can contact us by email at support@goldvish.com.

 

We are a manufacturer and retailer of mobile phones and complementary services.

 

 

2. These User Account Terms

 

You also need to select the box to accept these User Account Terms. No access will be permitted unless these User Account Terms are accepted.

 

When you create an Account, you will be asked for certain information about you and/or your company. You may provide further information about yourself when you use your Account, e.g. ordering products, submitting material. We will treat this in accordance with our Privacy & Cookie Policy. (link activeren)

 

We may change these User Account Terms from time to time by updating this page so you should check back every so often to see if they have changed. Your continued use of your Account after any change is made means you accept the changes to these Terms.

We may withdraw access to your Account or the Site if you breach these User Account Terms or the Site Terms.

 

 

3. Other terms and conditions

 

The Site Terms also apply to your use of your Account in the same way that they apply to your use of the Site. You should also read those before accepting these User Account Terms.

 

Other terms and conditions may apply to certain activities that you can carry out within your Account. For example, purchases will be governed by our online terms and conditions of purchase. We will make it clear when other terms apply.

 

 

4. Passwords and security

 

You need to make sure that you keep your username and password secure and confidential. You will be responsible for all activity, instructions and purchases on or through your Account, whether you have permitted such use or not (but not where such activity occur as a result of security breaches or our failure to comply with these User Account Terms).

 

When you access your Account through the Site, we offer the use of a secure server. The secure server software (SSL) encrypts all information you input before it is sent to us. Furthermore, as required by applicable data protection legislation, we follow strict security procedures in the storage and disclosure of information that you have given us, to prevent unauthorized access.

 

 

5. Usage not permitted

 

You must not:

1. introduce any virus or other harmful code into your Account or into any files you upload to your Account;

2. upload or submit any material, drawings, images, consent or information which infringes the intellectual property rights of any third party, is in breach of any applicable law, regulation, direction or code of practice, is defamatory, illegal, pornographic or offensive;

3. misuse your Account or the Site (including without limitation by hacking), access or seek to access any part of the Site which is not made available to you or attempt to circumvent the Site's, or your Account's or any other accounts' security.

 

6. Submitted material

 

If you submit any material, in addition to the restrictions listed in section 5 above, you promise that you own that material or have the unlimited right to provide it to us.

 

We may copy, publish and/or use it, or any part of it, on its own or in combination with other material or ideas or modify it free of charge, unconditionally and without owing any payment to you.

 

You agree not to take action against us in relation to material that you submit and you agree to indemnify us if any third party takes action against us in relation to the material you submit.

 

We do not and cannot review the content posted and submitted by you on this Site and we are not responsible for such content. We may at any time, at our sole discretion, remove any content posted by you.

 

This section does not apply to any personal information submitted by you that identifies you. This will be processed only as provided in our Privacy & Cookie Policy. 

 

 

Website Terms

Legal Notices

Version: 01-April-2016

 

 

A. WEBSITE TERMS OF USE

 

Please read these Terms carefully - they set out the basis on which you are allowed to use www.goldvish.com and sites linked to www.goldvish.com owned by us, or our affiliates (the “Site”). If you have any questions about the Terms or do not accept them, please contact us at support@goldvish.com before using the Site. These Terms may be incorporated into other activities that take place on this Site, such as the use of your user accounts.

 

1. Who are we?We are Goldvish International B.V. and subsidiaries or affiliates (“Goldvish”) ("we") or ("us"), a company registered in Amsterdam, The Netherlands with company number 34196108, having its registered office address in Switzerland at Alpenstrasse 15, 6300 Zug. You can contact us by email at support@goldvish.com. We are a manufacturer and retailer of mobile phones and complementary services.

 

2. Modifications to this Site and these TermsWe may change the Terms from time to time by updating this page. You should check this page from time to time to ensure you are happy with any changes.

We may change, modify or withdraw access to this Site and/or any content, products and/or services on this Site at any time, with or without prior notice.

 

3. Permitted UseThis Site and its contents are protected by intellectual property rights, and either belong to us or are licensed to us to use. You may not copy or use them without our consent in writing except as stated in the rest of this Section 3 (Permitted Use).

The use of this Site and the Site content is permitted for private, non-commercial use only. The use in press releases and other documents classified as public is permitted if the source for the information has been stated. You may electronically copy, share and print in hard copy any Site content for these permitted purposes, provided that:

• no content is modified in any way;

• no graphics are used separately from accompanying text;

• our copyright and trade mark notices appear in all copies and you acknowledge Site as the source of the material; and

• the person to whom you are providing these materials is made aware of these restrictions; and

• you make any copies only in accordance with the Terms.

Individual pages accessed via the Site may be subject to additional restrictions as stated on such pages. We reserve the right, at our sole discretion, to refuse your use of this Site and to prevent or restrict access by you immediately and without prior notice if we believe that your conduct violates these Terms.

 

4. Personal informationYou do not need to provide us with any information in order to use the Site, although you may choose to do so if you want to contact a boutique, receive our newsletter and update emails, or if you contact us. If you do provide us with any personal information about yourself, we will treat this in accordance with our Privacy & Cookie Policy. (link activeren)

 

5. Our liability to youThese Terms do not exclude our liability (if any) to you for:

• personal injury or death resulting from our negligence;

• fraud; or

• any matter which it would be illegal for us to exclude or to attempt to exclude our liability.

 

We cannot guarantee that this Site will be:

• compatible with all or any hardware and software which you may use;

• available all the time or at any specific time; or

• accurate and up to date, but we try. However, the information on this Site is given for

general information and interest purposes only and you should not rely on it. We recommend that you take further advice or seek further guidance before taking any action based on the information contained on this Site

 

We are only liable to you for losses which you suffer as a direct result of our breach of these Terms.

We are not responsible to you for any business losses that you may incur, including but not limited to lost data, lost profits or business interruption.

You may have other rights granted by law, and these Terms do not affect these except if the two are inconsistent. If this is the case then these Terms will override any other rights which you may have, unless this is not permitted by law.

  

6. Links / no endorsementsThe Site may include links to other websites on the Internet that are owned or operated by third parties. We will try and make it as clear as possible that you are leaving our Site when we link to third party websites. We are not responsible for any third party websites in any way and do not endorse them. You should check their terms of use and privacy policy when you visit them.We do not permit any third-party sites to include any Internet address incorporating the Goldvish name and brand or include WebPages and metatags other than with our prior written authorization or using our sharing functionality with certain social media organizations.You may not link to this Site from another website without our consent in writing or unless you use our tools for sharing with certain social media sites, unless you:

 

 

• link only to the homepage of the website at www.goldvish.com;

• don’t create frames or any other border around the Site;

• comply with all relevant laws and regulations on the website or platform you are linking from;

• ensure that the website you are linking from is not in any way illegal; and

• don’t imply that we endorse or are associated with your (or any other) website, product or service.

 

7. Our ContractThese Terms deal with your access to this Site. If you make a contract with a third party who is named or referred to on this Site, you should make sure that you are happy with the terms of that contract and take legal advice if necessary. Please note that we may not necessarily keep a copy of these Terms, so we advise you to print a copy of them for your information in the future. English or Dutch will be the prevailing language for our contract and all communications between us.

 

8. Customer SupportIf you have any questions about the products and/or services or need assistance with the products and/or services, please contact us at support@goldvish.com

 

9. DisputesIf you have any complaint about us or this Site, you should contact us at support@goldvish.com and we will try and resolve it as soon as possible. If we have a dispute regarding your use of the Site or these Terms, the courts will use English or Dutch law to determine that dispute. If you wish to take legal action against us, as we are a Dutch company you should do so in the Dutch courts only.

 

Online Retail Terms

Legal Notices

 

CONSUMER RETAIL (ONLINE) TERMS AND CONDITIONS

 

 

1. Introduction

 

1.1 These terms and conditions apply to your purchase of any Goldvish product and/or service from us on our website.

 

1.2. Please read these terms and conditions and the documents linked to these terms and conditions carefully. You will need to accept these terms and conditions before we will accept your order.

 

1.3. We have tried to make these terms and conditions easy to understand but we do understand that You may feel uncertain about some sections when you read them. Our staff are here to help and will be more than happy to assist you with any query you may have.

 

1.4. If you have a query about these terms and conditions or do not accept them, please contact Goldvish Support.

 

1.5. A copy of these terms and conditions and all other documents which apply to your purchase of a Goldvish product and/or service are available for you to read on our website http://www.goldvish.com.

 

 

2. Definitions and Interpretations

 

2.1. To make these terms and conditions easy to read We have defined some of the words. If a word begins with a capital letter then this means that the word has been defined. A list of the defined words is set out below:

 

"Contract" means any contract between you and us for the sale and purchase of products incorporating these "Terms and Conditions";

 

"Made to Order Products" means those Products which may be personalized to Your specification, as identified on the Website. Made to Order Products include Products on which You ask Us to print Your name on the leather casing ("monogram") and products on which You ask Us to engrave Your name on the back of the case ("engraving").

 

"Order Form" has the meaning set out in Clause 3.1;

 

"Products" means the Goldvish luxury mobile phone and/or accessories which are available for purchase on the website;

 

"Terms and Conditions" means these terms and conditions of purchase together with our privacy policy which you can access on the Website;

 

"Goldvish Concierge Service" means the 24-hour worldwide assistance, recommendations and priority bookings service known as "Concierge";

 

"We"/"our"/"us" means either Goldvish International B.V., a company which is registered in Amsterdam, The Netherlands with company number 34196108, having its registered office address in Switzerland at Alpenstrasse 15, 6300 Zug, OR such other member of our group of companies which is identified on your transaction receipt;

 

"Website" means www.goldvish.com;

 

"You"/"your" means you as our customer.

 

 

3. Opening an Account and Placing an Order

 

3.1. To purchase products on our website uou will need to:

a. register for an account with us; and then

b. fill in and then submit the online order form specifying the product(s) which you require (“Order Form”).

 

Registering for an Account

3.2. To register for an account with us, you must:

a. be over 18 years of age; and

b. complete a registration form for an account on the website (which includes setting your username and password which you will need once your registration is complete to access and operate your account with us) and agree to accept:

i. the User Account T&C’s; and

ii. Our Privacy & Cookie Policy.

 

3.3. We will confirm that your registration for an account has been accepted by us by email.

 

3.4. You are responsible for ensuring that the information you provide to us is correct and for ensuring that your password and account details remain confidential to you. We will not be responsible for any loss or damage which arises to you or to any other person as a result of your failure to keep your password and account secure. Please contact us if you become aware of or suspect any unauthorized use of your account or password.

 

Acceptance of an Order

3.5. We will send You as soon as possible an email to the email address You have provided to Us confirming receipt of Your order, Your order number and personal details.

 

3.6. You must ensure that You have filled in Your personal details on the Order Form correctly (especially the delivery address and the Product(s) which You require) otherwise We will not be able to send the correct Product(s) to You.

 

3.7. No order has been accepted by Us until We have sent You a confirmation of order by email which states Your order number and that we have received payment from You (“Order Confirmation”). A Contract will be formed when We accept Your order in accordance with this Clause 3.7.

 

4. Inability for us to fulfill your order

 

4.1. If, for some reason, it is not possible for us to provide you with some or all of the product(s) which you have requested after we have sent you the Order Confirmation then we will notify you by email and will refund you in full for those products you have paid for and which we cannot supply within 5 days of the date we sent you the confirmatory email.

 

5. Delivery

 

5.1. When you order products, you can only have them delivered to you.

 

5.2. They will be delivered to the address which you specified on the Order Form. The delivery address must be the same as the address to which your bank account or credit/debit card is registered to.

 

5.3. We will deliver the products to you by courier delivery. We will deliver the products to the address specified by you and stated on the Order Form. You (or someone authorized by you such as a concierge at your address and approved by us in our absolute discretion), must be available at the address at the time of delivery to sign for the products. To maintain security We will not leave the products in a safe place or with a neighbor. The terms set out in our delivery policy will apply. You can review the terms of our delivery policy on the website. We reserve the right not to deliver to certain locations such as areas or countries that are subject to export controls or where type approvals have not been obtained, or which we exclude at our discretion. We will insure the product(s) during shipping.

 

5.4. All over the world customs departments randomly select packages, which they will open and check. Although rare they will sometimes open the interior packaging. Unfortunately We cannot accept responsibility for these occurrences as we have no control over Customs officials or for reimbursing you for the cost of the product and carriage should local authorities choose to confiscate or seize these items.

 

6. Price and Payment

6.1. The price of the Products shall be Our current price as stated on the Website. Any incorrect prices shall be void and of no effect and in respect of any orders placed for incorrectly priced Products, the correct price as determined by Us shall be notified to You and, if You wish to continue with the order, substituted in place of the incorrect price.

 

6.2. Save in relation to the USA, Our prices include all taxes and duties which are payable by Our customers. Our prices exclude delivery charges. Our delivery charges are set out on the Website. Details of the delivery charges will also be confirmed at the point of submitting the Order Form. Please note that the delivery charges vary depending on where the Product(s) are to be delivered and the particular Product(s) in question.

 

6.3. If You are purchasing a Product in the USA, Our prices shown on the Website exclude all sales taxes. The applicable sales tax for Your order will be shown on the order summary before You confirm that You will place Your order and make payment.

 

6.4. You may pay for the Products:

a. using Your credit or debit card;

b. by a bank transfer as directed on the Website; or

c. using such e-wallets or e-money (including PayPal) as We accept from time to time.

 

6.5. We will ask You to enter Your chosen payment method and details when You complete the Order Form. By completing Your payment details You confirm that the method of payment being used belongs to You.

 

6.6. Your credit or debit card account will be debited with the cost of the Product(s) and any postage and packaging costs on submission of the Order Form.

 

6.7. All payments are subject to the approval of the financial institution issuing Your credit/debit card and credit verification or the provider of e-money or an e-wallet, and We will not be responsible if the payment fails credit verification or if such financial institution or provider refuses to accept or honour the payment for any reason. We may also report any suspicious transactions to the relevant authorities. We may reject any order without giving any reason. Please note that it can take 2 to 3 days (excluding weekends and bank holidays) to process Your payment. We will tell You if We incur any issues obtaining approval for the payment. This may cause a delay in getting the Products to You and We will not be able to accept Your order and send You the Products until we have received appropriate authorization and payment.

 

6.8. If You are purchasing a Product abroad, any orders placed with Us will be converted from the local currency into Your currency by Your credit or debit card company or provider of e-money or the e-wallet when they process the transaction. Please remember that currency rates change all the time and that We accept no liability for currency fluctuations.

 

7. Warranty

 

7.1. Your Product is subject to Our Manufacturer’s Limited Warranty valid at the time of Your purchase. A copy of the warranty will be provided with the Product.

 

7.2. The repair lead times for Made to Order Products can be substantially longer than those for standard Products due to the fact that they may contain special parts. In addition, where We repair Your Made to Order Product We are unable to guarantee that it will be identical with its original appearance following the repairs. In such cases We will obtain Your approval to use alternative parts (for example different material or colour) to perform the repair.

 

7.3. If Your Product is or becomes defective (such that the warranty referred to at Clause 7.1 applies) in the 28 days following delivery of Your Product to You and you notify Us (at the address set out in Clause 1.4 of these Terms and Conditions) in that 28 day period then once we have confirmed Your Product is defective We shall on Your request exchange Your Product free of charge for an equivalent Product. This will be done:

a. firstly by you returning Your Product to Us in the same way as set out in Clause 8.4 below;

b. We will check the Product is defective (such that the warranty referred to at Clause 7.1 applies) and if it is, issue to You a replacement Product applying the same process as set out in Clause 5.

 

8. Cancellations

 

8.1. The following clauses do not apply to Made to Order Products. If Your Contract is for Made to Order Products, You may not cancel Your Contract once You have submitted the Order Form and payment has been received by Us. This does not affect Your right to reject faulty Products set out elsewhere in these terms.

 

8.2. The following clauses do not affect Your rights of cancellation which exist under any local mandatory laws which apply in the country in which the Contract between You and Us was formed.

 

8.3. If You are a consumer (i.e. not buying the Product(s) on the name of your company or in the course of Your business, trade or profession), then You may cancel Your Contract for the Products within 14 days without giving any reason. The cancellation period will expire after 14 days from the day on which You acquire, or a third party other than the carrier and indicated by You acquires, physical possession of the Products.

 

8.4. To exercise Your right of cancellation, You must:

a. inform Us (at the address set out in Clause 1.4 of these Terms and Conditions) of Your decision to cancel the Contract by a clear statement (e.g. a letter sent by post or email). You may also contact Customer Services (by phone or email) who will provide a cancellation form for you to complete; and

b. if You have received the Products relating to the Contract You wish to cancel, We will arrange to come and collect the Product(s) (including all packaging, any accessories and free gifts which came with them) from You at the original delivery address for the Product(s).

 

8.5. To meet the cancellation deadline, it is sufficient for You to send Your notice of cancellation before the cancellation period has expired. If You send Us a notice of cancellation by post and/or return Product(s) to Us, We advise You to keep proof of postage.

 

8.6. If You decide to cancel Your Contract, We will reimburse You for all payments which We have received from You in relation to Your Contract, including the cost of delivery. We may make a deduction from the reimbursement for:

i. collection of the cancelled products

ii. loss in value of the Products supplied (if the loss is the result of unnecessary handling by You) and the cost of data cleansing the Product where You have used it.

 

We will make the reimbursement without undue delay, and where the Products have been bought in the UK no later than:

a.. 14 days after the day We receive back from You the Products supplied; or

b. (if earlier), 14 days after the day You provide evidence that You have returned the Products to Us.

c. if no Products were supplied to You, 14 days after the day on which We are informed about Your decision to cancel the Contract.

 

8.7. We will make the reimbursement for the price you paid and using the same means of payment as You used for the initial transaction, unless We have expressly agreed otherwise; in any event, You will not incur any fees as a result of the reimbursement. We may withhold reimbursement until We have received the Products back or You have supplied evidence of having sent the Products back, whichever is the earliest.

 

8.8. If You have received the Products prior to cancelling the Contract, You will only be liable for any diminished value of the Products resulting from damage or the handling other than what is necessary to establish the nature, characteristics and functioning of the Products. This means that You can examine the Products as You would if You were buying them from one of the Goldvish Stores (which includes switching them on to see how they work) but You should not do anything more than that.

 

8.9. If You requested to begin the performance of any services during the cancellation period (for example You register and start to use the Goldvish Concierge Service), You will be required to pay us an amount which is in proportion to what has been performed until You have communicated to Us You cancellation from the Contract, in comparison with the full coverage of the Contract.

 

8.10. No such rights of cancellation (as set out in Clauses 8.2 to 8.7 above) apply if You are purchasing the Product(s) otherwise than as a consumer.

 

9. Ownership of Products

 

9.1. All Products ordered by You will remain Our property until We have delivered the Products to the address stated in the Order Form.

 

9.2. The following clauses do not affect Your rights of cancellation which exist under any local mandatory laws which apply in the country in which the Contract between You and Us was formed.

 

9.3. Ownership any software included in or with the Products will always remain with Goldvish, the relevant affiliate company or the relevant licensor, notwithstanding payment for the Products.

 

10. Concierge Services

 

10.1. With the purchase of a Product, We may grant You a membership for a pre-determined length of time to the Goldvish Concierge Service, subject to the availability of the services in certain locations. This membership is not exchangeable for cash or other benefits. In using the Goldvish Concierge Service You agree to Us processing Your personal data in accordance with Our privacy policy in force from time to time and the applicable terms and conditions for the Goldvish Concierge Service. The additional terms and conditions governing Your use of the Goldvish Concierge Service are set out in separate Goldvish Concierge Terms and Conditions available in the User Guide provided with Your Product, the Website or available upon request from Us.

 

11. Software License

 

11.1. Our Products will require You to accept a software license. The details of the software license provided with the Product and will be shown on the Product when You first use it. Please contact Us if You have any queries regarding the terms of the software license.

 

12. Our Liability to You

 

12.1. These Terms and Conditions do not exclude or limit Our liability (if any) for:

a. death or personal injury caused by Our negligence;

b. fraud;

c. fraudulent misrepresentation; or

d. any matter which it would be illegal for Us to exclude or attempt to exclude Our liability.

 

12.2. We are only liable to You for losses which You suffer as a direct result of Our breach of these Terms and Conditions and which are reasonably foreseeable. We are not liable for any other losses.

 

12.3. We are not responsible to You for any business losses that You may incur, including but not limited to lost profits, lost revenues, business interruption or lost data.

 

12.4. You may have other rights granted by law and these Terms and Conditions do not affect these.

 

12.5. Whilst We will make every effort to fulfill orders, cancellations or variations may be necessary as a result of an Act of God, war, strike, lockout, labour dispute, fire, flood, drought or any other causes beyond Our control. We have no responsibility for a failure to comply with these Terms and Conditions if that arises to a reason beyond Our control.

 

13. Personal Data About You

 

13.1. All personal data about you will be processed in accordance with our Privacy & Cookie Policy, which will be presented for your review and acceptance before you submit any personal information to Us.

 

14. CITES

 

14.1. Products containing exotic leather delivered by us may be subject to the rules of CITES (Convention on International Trade in Endangered Species) (“CITES Products”). The transportation of CITES Products over national borders is subject to export and import licenses in accordance with CITES rules (see www.cites.org). We only sell and deliver CITES products into the following countries: i) Member States of the European Union, ii) USA, iii) China, iv) Hong Kong, v) Macau, vi) Taiwan, vii) Singapore and viii) Russia. We will not be able to deliver any CITES Products to You in any other country due to importation rules. Where you purchase a CITES Product, we shall be responsible for obtaining the relevant export and importation permits for such CITES products and will incur additional costs involved. We shall under no circumstances be liable for delays of whatever kind due to the actions of local customs officials or the CITES Management Authority who may take longer to approve the CITES products. If importation of the CITES products are refused, we shall provide you with a full refund as soon as the CITES products are returned to us.

 

15. Gift Wrap and Gift Messages

 

15.1. We offer a free gift wrap and message option when you buy products on the website. If you use the gift message option, you acknowledge and agree that you are responsible for your gift message and we accept no liability for any messages you submit via the gift message option.

 

15.2. We reserve the right to reject your message if it contains offensive language or is defamatory in nature.

 

15.3. Please note that we are unable to deliver products to addresses which are different to the address to which your bank account or payment method is registered.

 

16. General

 

16.1. In purchasing a product, you represent and agree that you are buying the products solely for your personal use, and not for resale or commercial distribution. We reserve the right to cancel the contract if we have reason to believe that you are not buying the products solely for your personal use.

 

16.2. All contracts will be governed by Dutch law.

 

16.3. Any court proceedings must be taken at a court within The Netherlands.

 

16.4. We acknowledge that local mandatory laws may apply to the sale of the products to you if the sale does not take place in The Netherlands or Switzerland. We will at all times comply with any local mandatory laws and if there is an inconsistency between the local mandatory laws which apply to our and your contract and the provisions of these Terms and Conditions, then the applicable local mandatory laws will prevail.

 

16.5. You may not transfer any of your rights under the contract to any other person.

 

16.6. We may transfer any of our rights under the contract to any person or ask any person to fulfill any aspect of it so long as the performance of the contract is not affected.

 

16.7. Only you and us have any rights under the contract. No other person shall have any rights under the contract.

 

16.8. We may amend these Terms and Conditions from time to time. In these circumstances, we will post the new Terms and Conditions on the website. You should not complete any further Order Forms if you do not accept any revisions we make to these Terms and Conditions. A copy of our latest version of the Terms and Conditions can always be found on the website or will be available on request from us.

 

16.9. You may not use our (or members of our group’s) trademarks or intellectual property without our prior written consent.

 

16.10. If You are a consumer then nothing in these Terms and Conditions will affect Your statutory rights.

 

Delivery Terms

 

Goldvish Deliveries and Return Policy

Version: 01-April-2016

 

DELIVERY TERMS

Our appointed partner will deliver products to you on our behalf. Orders will be sent to the delivery address that you have given. Once your "Order Confirmation" has been sent to you, the delivery address cannot be changed. Neither we nor the "Goldvish Delivery Partner" can be held responsible if that address is incorrect or incomplete. Please note that the "Goldvish Delivery Partner" does not deliver to PO boxes. No delivery will take place to persons without access to the delivery address, proven by way of key or access to the specific address. In multiple occupancy premises this will be the internal occupancy. Collections cannot be made from any "Goldvish Delivery Partner facility". Please note that there are restrictions on the locations to which the "Goldvish Delivery Partner" delivers.

 

Once you’ve received an "Order Confirmation" from Goldvish, your order will be processed by us and the "Goldvish Delivery Partner" who will try to despatch your order in accordance with the estimated delivery date(s) set out in your "Order Confirmation". Please note that there are a number of destinations worldwide to which the "Goldvish Delivery Partner" cannot deliver. There may be additional restrictions or exclusions in respect of specific addresses in countries to which we ship. These may change from time to time. We’ll try to notify you of any such restrictions but this may not be possible until we’ve received your order. Orders received after any specified 'cut-off' or 'last order' time, or received on a non-working day (these are days when banks are not open for business in Amsterdam, including Saturday and Sunday), will be processed on the next working day. Estimated delivery dates will be calculated from the day you receive our "Order Confirmation". This day will exclude all international public holidays, which could incur a delay. We’ll try to notify you of any such delay. The 'cut-off' or 'last order' refers to Goldvish (location: Amsterdam (NL)) standard business hours.

 

Wherever possible Goldvish will try to organise your delivery at a time convenient for you. If this is not possible the "Goldvish Delivery Partner" will attempt to deliver your order once. In the event that the delivery is unsuccessful, the "Goldvish Delivery Partner" will hold your order at their local facility while awaiting instructions from either you (The Customer) or "Goldvish Service".

 

Please note that all delivery options available on our website may not be available on any application or the website accessed using a mobile device.

 

We may supply your order in installments and each installment may be deemed to constitute a separate contract with us. As part of the ordering process, you will contract for a supply of goods by Goldvish and a separate supply of delivery services from the "Goldvish Delivery Partner". Upon placing an order you’ll receive various email confirmations and/or paper documents in relation to your order. In respect of each of these, and any other similar email confirmation and or paper documents, please note that references to ‘shipping’, ‘express courier’, ‘shipping and handling’ and any other similar terms relate to the services performed by the "Goldvish Delivery Partner".

If a product is subsequently imported into a country other than the country to which the "Goldvish Delivery Partner" delivered the product, you are responsible for complying with all local import requirements, laws, regulations and rules, inclusive of CITES (if applicable), and paying all import taxes and duties as may be applicable in respect thereof.

 

Goldvish Return Policy

Goldvish Deliveries and Return Policy

Version: 01-April-2016

 

 

RETURNS AND CANCELLATION OF ONLINE CONSUMER ORDERS

 

Under the Distance Selling Regulations, you have a legal right to cancel your online order and receive a full refund. If you do not want to keep the item(s), please tell us within 14 working days after receiving your order.

 

Please note that personalized items, such as customized orders or engraved products, cannot be exchanged or returned.

 

If you wish to return a product, please contact to arrange collection of your item(s). Items returned must be in perfect condition, unused and in their original packaging with any related accessories, instructions booklets, labels, protective covers, leaflets or boxes. Upon receipt of your item(s), and subject to inspection by our Quality Service Department, we will proceed with the return.

 

Exchanges or refunds cannot be processed in store, we apologize for any inconvenience this may cause.

FAQ - RETURNS OF ONLINE CONSUMER ORDERS

Can I return my order if it is not what I am expecting?

You are able to cancel your order and receive a full refund if you tell us within 14 days of receiving the Goldvish products ordered online.Please note that online purchases of personalized items, such as customized orders or engraved products, cannot be cancelled, exchanged or returned.

 

 

How do I return or exchange a product?

If you wish to return a product, please contact Goldvish Service to arrange collection of your item(s). Items returned must be in perfect condition, unused and in their original packaging with any related accessories, instruction booklets, labels, protective covers, leaflets or boxes. Upon receipt of your item(s), and subject to satisfactory inspection by our Quality Service Department, we will proceed with the refund for your products. Exchanges or refunds cannot be processed in Goldvish boutiques or at Goldvish resellers, we apologize for any inconvenience this may cause.

 

 

If I return my product, how long will it take to refund me?

As set out in our "Consumer Retail (Online) Terms & Conditions", we reserve the right to make a deduction from any refund if the products are not returned in a perfect condition. We may deduct any costs which are required to restore the cancelled product to its original condition, cleanse data or pay for services used. We shall contact you before we make any such deduction. There will also be a deduction of €15 (or the equivalent amount in your local currency) made for the collection of your products. This is to cover the costs of a courier to collect the products from you.

 

 

Can I return my purchase to a Goldvish boutique or Goldvish reseller for an exchange or refund?

Exchanges or refunds for online purchases can't be processed in Goldvish boutiques or at Goldvish resellers. We apologize for any inconvenience this may cause. If you wish to return a product for any reason, please contact Goldvish Service to arrange collection of your item(s).

 

 

Can I return a personalized item?

No, unfortunately we can’t refund or exchange items that have been personalized.

 

 

Are delivery charges refundable?

No, unfortunately delivery charges are not refundable.

Do I have to pay for shipping if I want to return the item?

Goldvish will cover the return shipping costs for any quality issue. In the event that you cancel your order, Goldvish will charge €15 (or the equivalent amount in your local currency) for a courier to collect the products from you. This will be done by way of a deduction from any refunded amount.

Do you offer a repair service?

Yes we do. Please contact Goldvish Service for further information.