terms and conditions.

Malin + Goetz – Website Terms of Use (U.S.)

GWP Offer Disclaimer: all orders ship from the New York metro area. enter promotion code ADVANCED in the promotion code box at checkout to receive this free gift with any MALIN+GOETZ merchandise purchase of $125+. quantities are limited. offer is valid through Sunday, October 1 at 11:59pm ET or while supplies last. valid on purchases of MALIN+GOETZ branded products only. not valid on previous purchases or purchases made via international checkout. cannot be used in conjunction with other promotion codes.

Last Updated: May 25, 2017

  1. Terms of Website Use

These are the terms of use ("Terms of Use") for your use of services or features on the site at www.malinandgoetz.com (the "Site") owned and controlled by Malin + Goetz ("Malin + Goetz", "we", "us" or "our") whether you are a guest or a registered user. Use of our Site includes accessing, browsing, or registering to use our Site. You may be accessing our Site from a computer or mobile phone or other portable device and these Terms of Use govern your use of our Site and your conduct, regardless of the means of access.

We also like to interact with you on third party sites where we post content or invite your feedback, such as Facebook, Twitter, Instagram and YouTube ("Third Party Sites"). We do not control these Third Party Sites, and these Terms of Use do not apply to companies that Malin + Goetz does not own or control, or to the actions of people that Malin + Goetz does not employ or manage. You should always check the terms of use posted on Third Party Sites.

Malin + Goetz reserves the right to change or modify any of the terms and conditions contained in these Terms of Use at any time, without notice, and in its sole discretion. If we decide to change these Terms of Use, we will post a new version on the Site and update the date set forth above. Any changes or modifications to these Terms of Use will be effective upon the posting of the revisions. Your continued use of the Site following posting of any changes or modifications constitutes your acceptance of such changes or modifications and if you do not agree with these changes or modifications, you must immediately cease using the Site. For this reason, you should frequently review these Terms of Use and any other applicable policies, including their dates, to understand the terms and conditions that apply to your use of the Site.

By proceeding to use our Site, you confirm that you accept these Terms of Use and our Privacy Policy and that you agree to comply with them. Please read these Terms of Use carefully before you start to use our Site. We recommend that you print a copy for future reference.

If you do not agree to these Terms of Use, you must not use our Site.

THE SECTION BELOW ENTITLED "DISPUTES'' CONTAINS PROVISIONS WHICH WAIVE YOUR ABILITY (i) TO HAVE YOUR DISPUTE HEARD BEFORE A JURY AND (ii) TO BRING A CLASS ACTION. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM.

  1. Copyright and Ownership of Rights

All design, text, graphics, logos, button icons, images, audio and video clips, the selection and arrangement thereof, and all software on the Site is of all content on the Site is the exclusive property of Malin + Goetz or its affiliates and is protected by U.S. and international copyright laws. All software used on the Site is the property of Malin + Goetz or its software suppliers and is protected by U.S. and international copyright laws. Any use of this Site or its contents, including copying or storing it or them in whole or in part other than for your own personal, non-commercial use is prohibited without our prior permission in each instance. You may not modify, delete, distribute or post anything on this Site for any purpose.

  1. Intellectual Property

www.malinandgoetz.com, other trademarks, logos and service marks as well as all page headers, custom graphics and button icons are registered and unregistered service marks, designs, trademarks, and/or trade dress ("Intellectual Property") of Malin + Goetz, our affiliates, our licensors and/or our suppliers in Europe and the United States and may not be used in connection with any product or service that is not offered by Malin + Goetz in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us. All Intellectual Property displayed on our Site is protected by trademark laws in Europe, the United States, and internationally. Except in connection with placing an order for merchandise or as required by applicable law, you may not use, reproduce, duplicate, copy, sell, resell, access, modify or otherwise exploit our Intellectual Property or that of our suppliers without our or their prior written consent.

  1. Accuracy of Content

The packaging of our products may vary from that shown. The weights and dimensions of our products are approximate only. We have made every effort to display as accurately as possible the color of the products that appear on the Site. However, as the actual colors you see will depend on your personal computer equipment, we cannot guarantee that your monitor's display of any colour will accurately reflect the colour of the merchandise on delivery. To the extent permitted by applicable law, Malin + Goetz disclaims all warranties, express or implied, as to the accuracy of the information contained in any of the materials on this Site. We are not responsible for the content of any Third Party Sites. Links appearing on this Site are for your convenience only and are not an endorsement by us of the content, products, services or suppliers connected therewith. We shall not be liable to any person for any loss or damage which may arise from the use of any of the information contained in any of the materials on this Site or in Third Party Sites.

  1. Damage To Your Computer

Malin + Goetz makes every effort to ensure that this Site is free from viruses and defects. However, we cannot guarantee that your use of this Site or any websites accessible through it (including Third Party Sites) will not cause damage to your computer. It is your responsibility to ensure that the correct equipment is available to use the Site and screen out anything that may damage it. Malin + Goetz will not be liable to any person for any loss or damage which may arise to computer equipment as a result of using this Site.

  1. Mobile Services

If you access the Site via your mobile phone, we do not currently charge for this access. Please be aware that your carrier's normal rates and fees, such as text messaging fees or data charges, will still apply.

  1. Limitation of Liability

The Site and its content and services are presented "AS IS". To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our Site or any content or services, whether express or implied.

Nothing in these Terms of Use excludes or limits our liability for death or personal injury arising from our negligence or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by applicable law.

We will not be liable to any user for any loss or damage in contract, warranty or in tort (including negligence) arising under or in connection with:

In particular, we will not be liable in contract, warranty or in tort (including negligence) for:

We only provide our Site for domestic and private use. You agree not to use our Site for any commercial or business purposes. You may not sell or resell any products you purchase or otherwise receive from Malin + Goetz. We reserve the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products to be provided to you that may result in a violation of these Terms of Use, as determined by Malin + Goetz in its sole discretion.

  1. Indemnification

You agree to defend, indemnify and hold harmless Malin + Goetz (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers) from all claims, demands, losses, liabilities, costs, expenses, obligations and damages of every kind and nature, known and unknown, including reasonable legal fees, arising out of (a) your use of and access to the Site in violation of any term of these Terms of Use; (b) your violation of any law or the rights of a third party (including, without limitation, any copyright, property or privacy right); or (c) any claim that any conduct by you caused damage to a third party. This indemnification obligation will survive the termination of these Terms of Use and your use of the Site.

  1. Prohibited uses

You may use our Site for lawful purposes only. You may not use our Site:

You also agree:

You agree to defend, indemnify and hold us harmless for any loss, damages or costs, including reasonable solicitors' fees, resulting from any third-party claim, action, or demand resulting from your unlawful use of the Site in violation of these Terms of Use. 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.

  1. Submission of Information

We welcome your enquiries or feedback on the merchandise you use or might like to purchase. However, it is our policy to decline any unsolicited suggestions or ideas. Any enquiries, feedback, suggestions, ideas or other information you provide to us ("Information") will be treated as non-confidential and non-proprietary. Subject to our Privacy Policy, by providing us with any such unsolicited Information you hereby grant Malin + Goetz a non-exclusive and royalty-free right to use, reproduce, modify, adapt, publish, sell, assign, translate, transfer, sub-license, create derivative works from, distribute and display the Information in any form, media or technology and whether alone or as part of other works. You also agree that your Information may not be returned and we may use your Information and any ideas, concepts or know-how contained therein, for any purpose. Furthermore, if you send us any such Information you represent and warrant that you own or otherwise are entitled to any and all rights to the Information and that your Information does not contain or constitute software viruses, commercial solicitation, chain letters, mass mailings or 'spam' in any form. You may not impersonate any person or entity or use any false e-mail address or otherwise mislead Malin + Goetz as to the origin of the Information submitted and you agree to indemnify Malin + Goetz and hold Malin + Goetz harmless from and against any claims arising from your claims and/or any third party claims to any rights in any such Information.

  1. User Generated Material

By submitting ideas, designs, customizations, creative concepts, or any other information ("User Generated Material") to this Site (or to our accounts on any Third Party Sites), you accept and agree that you assign and/or waive all ownership of and rights (including moral rights) in or to any intellectual property rights and other rights in the User Generated Material to Malin + Goetz. To the extent such transfer is not valid, you grant Malin + Goetz, by submitting the User Generated Material to this Site, a worldwide, non-exclusive, fully-paid, perpetual, royalty-free license to use, including but not limited to a right to copy, modify, publicly display, distribute and to sublicense (all or parts of), the User Generated Material for any purposes as it deems fit, including but not limited to, developing, manufacturing and marketing products and services and creating, modifying or improving this Site or other products or services both online and offline.

All User Generated Material shall be deemed to be non-confidential. Malin + Goetz shall be entitled to use or disclose the User Generated Material in any manner whatsoever, without liability or notice to you. You acknowledge and agree that you shall have no claim against Malin + Goetz or any other party should any User Generated Material created, posted or sent by you be used in the above sense by Malin + Goetz or any part of its group.

You warrant that:

 

You agree that Malin + Goetz:

Notwithstanding the foregoing, Malin + Goetz reserves the right to moderate all User Generated Material and to decline the submission of, edit the content of, or remove from this Site, any User Generated Material in its absolute discretion, for example because it infringes the intellectual property rights of a third party, because the content is inappropriate, obscene, or abusive, or for any other reason. Malin + Goetz is under no obligation to inform you of the reasons for such intervention.

  1. Non-waiver

No failure to exercise and no delay on the part of Malin + Goetz in exercising any right, remedy, power or privilege of Malin + Goetz under these Terms of Use and no course of dealing between us shall be construed or operate as a waiver, nor shall any single or partial exercise of any right, remedy, power or privilege preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege on the part of Malin + Goetz.

  1. Reservation of Rights

We reserve the right, at any time, without notice and in our sole discretion, to terminate your license to use the Site and to block or prevent your future access to and use of the Site. Malin + Goetz may access, preserve and disclose your account information if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to (i) comply with legal process; (ii) enforce these Terms of Use; (iii) respond to claims that any actions by you violate the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of Malin + Goetz and its employees, its users and the public.

  1. Questions

If you have any questions regarding these Terms of Use please contact us by email at info@malinandgoetz.com or write to us at (MALIN+GOETZ), 210 West 29th Street, 3rd Floor, New York, NY 10001.

The Site is created and controlled by Malin + Goetz in the State of New York, U.S.A. As such, the laws of the State of New York will govern these Terms of Use, without giving effect to any principles of conflicts of laws. Malin + Goetz reserves the right to make changes to the Site and these Terms of Use at any time.

  1. Digital Millennium Copyright Act (DMCA)

If you believe your work or content has been copied and posted to the Site in a way that constitutes copyright infringement, please provide Malin + Goetz's designated copyright agent the following written information in accordance with the DMCA:

 

Our DMCA designated copyright agent for notice of claims of copyright infringement on this Site is the Managing Director of Malin + Goetz, who can be reached as follows:

(MALIN+GOETZ), 210 West 29th Street, 3rd Floor, New York, NY 10001

  1. Fraud Protection Program

As part of our order processing procedures, we screen all received orders for fraud or other types of unauthorized or illegal activity. We reserve the right to refuse to process an order due to suspected fraud or unauthorized or illegal activity. If such is the case, we may reject your order or our Customer Service department may call you at the phone number you provided (or use your e-mail address) to confirm your order. We also reserve the right to cancel any accounts or refuse to ship to certain addresses due to suspected fraud or unauthorized or illegal activity. We take these measures to protect our customers as well as ourselves from fraud or other unauthorized or illegal activity.

  1. Consent to Receive Notices Electronically

You consent to receive any agreements, notices, disclosures and other communications (collectively, "Notices") to which these Terms of Use refer from us electronically including without limitation by e-mail or by posting notices on this Site. You agree that all Notices that we provide to you electronically satisfy any legal requirement that such communications be in writing. To withdraw your consent to receive Notices electronically, you must notify us of your withdrawal of such consent by e-mailing us at info@malinandgoetz.com and discontinue your use of this Site. In such event, all rights granted to you pursuant to these Terms of Use, including but not limited to the limited licenses set forth herein, shall automatically terminate. Unfortunately, we cannot provide the benefits of this Site to any user that cannot consent to receipt of Notices electronically. 

  1. General

You acknowledge and agree that these Terms of Use 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.

  1. Disputes

Any claim or dispute between you and Malin + Goetz that arises in whole or in part from the Site shall be decided exclusively before a Judge in a court of competent jurisdiction located in New York. YOU WILL NOT HAVE THE RIGHT TO ELECT THAT A JURY DECIDES YOUR CLAIM.

YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OF REPRESENTATIVE PROCEEDING.

If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. It is the express wish of the parties that these Terms of Use and all related documents be drawn up in English.

 

Malin + Goetz - Privacy Policy (U.S.)

Last Updated: May 25, 2017

Thank you for visiting Malin + Goetz at www.malinandgoetz.com (the "Site"). The Site is owned and operated in the United States by Malin + Goetz ("Malin + Goetz", "we" "us" or "our"). Malin + Goetz values its customers and respects their privacy. Any information we collect about you is held with the utmost care and security. Your visit to the Site and your use of any of the services or features we provide is subject to our terms and conditions of which this Privacy Policy is part. This Privacy Policy (together with our Terms of Use and any other documents referred to in it) sets out the basis on which any personal information we collect from you, or that you provide to us, will be used, shared or processed by us. This includes personal information we collect online when you visit the Site and in our stores in the United States. When we use the term "personal information" we are referring to information that is connected to your name. This may include things like your e-mail address, mailing address, birthday, or telephone number, when those pieces of data are stored with your name. Please read the following carefully to understand our views and practices regarding your personal information and how we will treat it. By visiting the Site you are accepting and consenting to the practices described in this policy.

This Privacy Policy does not cover information that you submit on other websites, even if we communicate with you on those websites. For example, if you post something on Facebook, Twitter, Instagram or YouTube, that information is governed by the privacy policies on those websites, and is not governed by this Privacy Policy.

  1. Information we collect from you

1.1               Information you give to us. You may give us information by filling in forms on our Site or by corresponding with us by telephone, e-mail or otherwise. This includes information you provide when you:

This information may include your name, address, telephone number, e-mail address and debit or credit card information (if you wish to place an order on our Site). When you register with us, you can view your personal information in 'My Account'. You can access 'My Account' directly to change any personal details, for example if you want to change your address. If you forget your password, simply click on the 'forgotten password' link on the register or login page and an e-mail containing your decrypted password will be sent to the e-mail address you originally provided.

1.2               Information we collect about you. With regard to each of your visits to our Site, we use the following various technologies to automatically collect information about you:

1.3               Information we receive from other sources. We may receive information about you if you use any of the other websites we (or any member or brand within our group) operate or other services we provide. In this case we will have informed you when we collected that data that it may be shared internally and combined with data collected on this Site. We are also working closing with third parties (including, for example, business partners, sub-contractors in technical, payment and delivery services, advertising networks, analytics providers, search information providers, and credit reference agencies) and may receive information about you from them.

1.4               Children under age 13. We do not knowingly or intentionally collect any personal information from children under the age of 13. If you are under the age of 13 you can look at our Site, but you may not make a purchase, register, or submit any personal information to us. If we become aware that we have inadvertently received personal information from a visitor under the age of 13 on the Site, we will delete the information from our records.

  1. What we do with the information

We use information collected from you in the following ways:

2.1               Information you give to us. We will use this information in relation to:

(a)                Administration of our Site: The information you give us is necessary to enable us to (i) fulfil your order (including acknowledging your order and communicating with you if there is any issue regarding the fulfilment of your order); (ii) to make sure your order is delivered correctly; and (iii) to maintain your account.

(b)               Customer service: We ask for your contact details, such as your e-mail address and telephone number, to enable us to answer any questions you have about using our Site and to notify you about the status of your orders.

(c)                Direct Marketing: We want to keep you up to date on our latest products, promotional offers and events.

Electronic Marketing. If you are an existing customer, we will only contact you by electronic means (e-mail or text) about goods and services similar to those which were the subject of a previous sale or negotiations for a sale. If you are a new customer, and where we permit selected third parties to use your personal information, we (or they) will contact you by electronic means only if you have expressly consented to this.

Other Marketing. We will only contact you by mail or telephone if you have expressly consented to this contact.

(d)                Our service: To notify you about changes to our service.

(e)                Our Site: To ensure that content from our Site is presented in the most effective manner for you and for your computer, and so that we can enhance your experience of using our Site.

2.2               Information we collect about you. We will use this information in relation to:

(a)                Administration of our Site: To administer our Site and for internal operations, including troubleshooting, data analysis, testing, research, and statistical and survey purposes.

(b)               Site improvement: To improve our Site to ensure that content is presented in the most effective manner for you and your computer.

(c)                Customer service: The information we collect from you will allow us to (i) allow you to participate in interactive features of our service when you choose to do so; (ii) measure or understand the effectiveness of advertising we serve to you and others and deliver relevant advertising to you; and (iii) make suggestions and recommendations to you and other users of our Site about goods or services that may interest you or them.

(d)                Security of our Site: As part of our efforts to keep our Site safe and secure.

2.3               Information we receive from other sources. We may combine this information with information you give to us and information we collect about you. We may use this information and the combined information for the purposes set out above (depending on the types of information we receive).

  1. Disclosure of your information

3.1               We may share your personal information with any member or brand within our group, which means our parent company, Manzanita US Investments LP (a US limited partnership), and any of its subsidiaries. Please visit www.manzanitacapital.com for more information about our group and brands.

3.2               From time to time we retain the services of third party companies and individuals to perform functions on our behalf in connection with the successful operation and continuous improvement of this Site. We may share your information with selected third parties including:

(a)                Business partners, suppliers and sub-contractors for the performance of any contract we enter into with them or you (e.g. in order to process your order and maintain your account, including the authorisation and validation of credit or debit card transactions, the provision of delivery services, the analysis of data, etc.). These companies or individuals may be provided with access to your personal details in order to fulfil their function but may not use such information for any other purpose.

(b)               Advertisers and advertising networks that require the data to select and serve relevant advertisements to you and others.

(c)                Analytics and search engine providers that assist us in the improvement and optimisation of our Site.

3.3               Other than as set forth above with respect to our parent company and any member or brand within our group, we do not rent, sell or otherwise provide your personal details to third party companies or individuals for their marketing purposes.

3.4               We may disclose your personal information to third parties:

(a)                In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets.

(b)               If Malin + Goetz or its ultimate parent company or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets.

(c)                If we are under a duty to disclose or share your personal data in order to comply with any legal obligation; or in order to enforce or apply our Terms of Use and other agreements; or to protect our rights, property, or safety (or the rights, property, safety of our customers, or others). This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.

  1. Where we store your personal data

4.1               The data that we collect from you may be transferred to, and stored at, a destination outside of the country in which it was originally collected. This may include transfers outside of United States and into the European Economic Area ("EEA"). It may also be processed by staff working outside of the United States who work for us or for one of our suppliers. Such staff maybe engaged in, among other things, the fulfilment of your order, the processing of your payment details and the provision of support services. By submitting your personal data, you agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and applicable law.

4.2               We use the latest encryption technology to ensure that all transactional information you provide to us is protected to the highest standard. Transactional information includes any credit or debit card details, your personal contact information together with any other names and addresses you provide when you place an order for delivery to another address, and your purchasing history. If you have given your consent prior to entering the details required for the ordering process, our Site will retain your account details such as your name, address, e-mail address and purchasing history. Each time you log into your account to create a new order you must re-enter your credit card details. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our Site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.

4.3               Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our Site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.

4.4               We will retain the information we collect from you until you elect to no longer receive communications from us.

  1. Third party websites

Our Site may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.

 

  1. E-mail and SMS Opt-Out

You can at any time tell us not to send you marketing communications (i) by mail by following the instructions that are included in a particular promotion; (ii) by e-mail by clicking on the unsubscribe link within the marketing e-mails you receive from us; or (iii) by SMS by following the "STOP" instructions provided with the message. If you have registered with us, you also may opt out of receiving marketing materials (by mail, e-mail and/or SMS) by logging into your account and changing your preferences.

  1. Notices for California Residents

7.1               California Do Not Track Notice.

(a)                Under California law, website and online service operators are required to disclose how they respond to web browser "do not track" signals or other similar mechanisms that provide consumers the ability to exercise choice regarding the collection of personal information about a consumer's online activities over time and across third party websites, to the extent the operator engages in that collection. At this time, we do not track our customers' personal information over time and across third-party websites and therefore this requirement does not apply to us.

(b)               California law also requires website and online service operators to disclose whether third parties may collect personal information about their users' online activities over time and across different sites when the users use the operator's website or service. Third parties that have content or services on our Site such as a social feature, analytics service, or an advertising network partner, may obtain information about your browsing or usage habits but this information does not include personal information. We do not knowingly permit such third parties to collect any personal information from our Site unless you directly provide it to us and we provide it to them with your consent.

7.2               Notice for Minors. We may offer interactive services which allow you to post content to share publicly or with friends. At any time you can delete or remove content you have posted using the deletion or removal options within our services. If you have questions about how to remove content in a specific service or if you would like additional assistance with deletion you can contact our customer support team at info@malinandgoetz.com. Although we offer deletion capability, you should be aware that the removal of content may not ensure complete or comprehensive removal of that content or information posted through the services.

7.3               Under California law, you have the right to request and receive information from us concerning any third parties who have received personal information about you from us for the third parties' direct marketing purposes. Any such requests for information from us can be made by sending an e-mail to info@malinandgoetz.com.

  1. Changes to our Privacy Policy

We reserve the right to make changes to our Privacy Policy from time to time. Any changes we may make to our Privacy Policy in the future will be posted on this page. Please check back frequently to see any updates or changes to our Privacy Policy.

  1. Contact

Questions, comments or requests regarding this Privacy Policy are welcomed and should be addressed to us by e-mail or mail:

info@malinandgoetz.com

(MALIN+GOETZ), 330 Seventh Ave, 21st Floor, New York, NY 10001