Goldenfeast Incorporated – Terms and Conditions
NOTICE – READ THIS DOCUMENT CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AND LIMITATIONS AND EXCLUSIONS THAT MAY BE APPLICABLE TO YOU.
This Agreement contains the terms and conditions that apply to the purchase of products from Goldenfeast Incorporated (“Goldenfeast”). These terms and conditions apply to all purchases of Goldenfeast products, including: (1) purchases made through any Goldenfeast website, including https://www.goldenfeastdirect.com; (2) purchases made by phone; and (3) purchases made by purchase order or by other means.
By accepting delivery of the products, you (“Customer”) accept and agree to be bound by these terms and conditions. These terms and conditions apply: (a) unless both the Customer and Goldenfeast have signed a separate agreement with different terms, in which case the separate purchase agreement terms shall govern; or (b) unless Goldenfeast provides other terms that apply to the transaction. These terms and conditions are subject to change at any time, at the sole discretion of Goldenfeast, without prior written notice.
- Copyright and Trademark Notice: Unless otherwise specified, all materials appearing on this website, including the text, design, logos, graphics, and images, as well as the arrangement thereof, are the sole property of Goldenfeast. Copyright © 2015, ALL RIGHTS RESERVED. You may only use the content of this site for the purpose of shopping or placing an order. No information or materials from this site may be copied, reproduced, modified, republished, posted, or distributed in any form or by any means without the prior written permission of Goldenfeast. Goldenfeast® is a registered trademark. All rights not expressly granted herein are reserved. No unauthorized use of the materials appearing on this site or the Goldenfeast® trademark is permitted and could result in criminal or civil penalties.
- Acceptance: Your acceptance of these terms and conditions shall be made clear by any of the following, whichever occurs first: (a) by use of this website; (b) by written acknowledgement of these terms and conditions; (c) by acceptance of any shipment of products (including a partial order) from Goldenfeast; (d) by placing any order for products over https://www.goldenfeastdirect.com, or another Goldenfeast website, or by telephone, or purchase order; or (e) any other act or expression of acceptance by you.
- We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
- Alteration of T&Cs: These terms and conditions may NOT be altered, modified, amended or supplemented except by a written agreement signed by both Customer and Goldenfeast. Any attempt to alter, modify, amend or supplement these terms and conditions will be null and void, unless otherwise agreed to in a written agreement signed by both Customer and Goldenfeast.
- Governing Law and Jurisdiction: This agreement and any transactions thereunder shall be governed by the laws of the Commonwealth of Pennsylvania, without regard to conflict of law principles. Both parties submit to the exclusive jurisdiction and venue of the Court of Common Pleas of Chester County, Pennsylvania, and the United States District Court for the Eastern District of Pennsylvania.
- Payment Terms & Pricing: Terms of payment are within the sole discretion of Goldenfeast, and unless otherwise agreed to by Goldenfeast, Goldenfeast must receive payment prior to its acceptance of an order. Payment for the products shall be made by credit card or any other form acceptable to Goldenfeast. Invoices are due and payable within the time period noted on the invoice. Goldenfeast may invoice parts of an order separately. Orders are not binding on Goldenfeast until accepted by Goldenfeast. Any quotations given by Goldenfeast will be valid for the period stated on the quotation. Customer agrees to pay interest on all past-due sums at the highest rate allowed by applicable law.
- Shipping Charges: Separate charges for shipping and handling will be charged, as shown on the Goldenfeast invoice(s).
- Taxes: The Customer is responsible for sales and all other taxes associated with the order.
- Delivery & Risk of Loss: Risk of loss passes from Goldenfeast to Customer on shipment from the Goldenfeast facility. Goldenfeast shall not be liable for any delays in delivery beyond the reasonable control of Goldenfeast. For example, Goldenfeast shall not be liable for any delays in delivery including, but not limited to, delays caused by unavailability of materials, natural disasters, acts of war, fire, strike, riot, governmental interference, labor, telecommunications, transportation failures, computer-related failures, and acts/omissions of Customer.
- Warranties & Limitation of Liability: CUSTOMER ACKNOWLEDGES AND AGREES THAT Goldenfeast HAS MADE NO REPRESENTATIONS OR WARRANTIES, DIRECT OR INDIRECT, EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER, INCLUDING WITHOUT LIMITATION, THE DESIGN OR CONDITION OF ANY PRODUCT, OR ANY PRODUCT’S MERCHANTABILITY OR ITS SUITABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, THE QUALITY OF THE MATERIAL OR WORKMANSHIP OF ANY PRODUCT, AND ALL SUCH WARRANTIES ARE EXPRESSLY EXCLUDED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Goldenfeast BE LIABLE TO CUSTOMER FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS AGREEMENT OR ANY PRODUCT PROVIDED TO CUSTOMER, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, OR LOSS OF USE, EVEN IF Goldenfeast HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY WHETHER ANY CLAIM IS BASED UPON BREACH OF CONTRACT, WARRANTY, NEGLIGENCE OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, PRINCIPLES OF INDEMNITY OR CONTRIBUTION, THE FAILURE OF ANY LIMITED OR EXCLUSIVE REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE, OR OTHERWISE. GOLDENFEAST’S MAXIMUM LIABILITY WITH RESPECT TO ANY CLAIM SHALL BE LIMITED TO THE COST OF THE PRODUCTS GIVING RISE TO THE CLAIM.
- Return Policy: (a) Requests for return must be received within 5 days of receipt of product by Customer. (b) Products are allowed for return, for replacement or credit. (c) Shipping charges are non-refundable. Returns must be shipped freight prepaid. (d) All documentation, the product, and product packaging, must be included with returned products. (f) Goldenfeast will not be held responsible for Customer ordering the wrong product(s), and all refusals will be credited minus the freight charges.
- Applicable Law; Not For Resale: Customer agrees to comply with all applicable laws and regulations of the various states and of the United States, in addition to any further applicable law outside of the United States. Customer agrees and represents that it is not buying for purposes of repackaging, relabeling, diluting, resale (except in the bulk as allowed by Goldenfeast), and export or use outside the United States. Shipment of any of the products outside of the United States may require a valid export license. Customer agrees to defend, indemnify and hold harmless Goldenfeast for any violation by Customer of any United States export restrictions.
- Miscellaneous: These terms and conditions constitute the final, complete and exclusive agreement between the parties with respect to the subject matter hereof and shall supercede all prior offers, negotiations, understandings and agreements. Any waiver by Goldenfeast of any of these terms and conditions shall not constitute a waiver of the remaining terms and conditions or any future defaults hereunder. This agreement shall be enforceable to the fullest possible extent, regardless of any partial invalidity or unenforceability, and no failure or delay by either party in exercising or enforcing any right hereunder shall operate as a waiver thereof or preclude any other exercise or reinforcement of rights hereunder. This agreement may not be assigned by a Customer.