- GENERAL PROVISIONS
1.1. Golden Heart
If you have any privacy or cybersecurity questions, please contact us at email@example.com.
- USE OF OUR SERVICES
You represent and warrant that you can form legally binding contracts (e.g. you are at least 18 years old or are using our Services under the authorization of your legal guardian or both parents). You also agree that you will not use a false email address for the registration account, pretend to be anyone other than yourself, or otherwise mislead us. Subject to the terms and conditions of this Agreement, we hereby grant you a limited, revocable, non-transferable and non-exclusive license to use it which will appear in your internet browser. It only applies to you visiting and using our website to purchase the items sold on the website for your personal use. This right of use does not apply to commercial purposes or to the use of third parties (only if it has been previously granted by us expressly approved). Any violation of this Agreement will result in the immediate revocation of the permission granted in this paragraph without prior notice.
You are not permitted to reverse engineer, distribute, perform, sell, rent, transmit, create derivative works from, translate, modify, reverse engineer, disassemble, decompile or reverse engineer this Site or any portion of this Site to exploit in any other way, unless this has been expressly approved in writing by us. No information made available on the Website may be used by you in any commercial manner or for the benefit of any other company, unless expressly authorized in advance by us. We reserve the right, in its sole discretion, to refuse service, terminate accounts and/or cancel orders, particularly if we deem that customer conduct violates applicable law or the terms of this Agreement or dies interests of us (but not limited to these cases).
You may not upload, distribute or otherwise publish through this Website any content, information or other material that (a) infringes or violates any person's copyright, patent, trademark, service mark, trade secret or other proprietary right; (b) is libelous, defamatory, obscene, indecent or pornographic, or which could give rise to civil or criminal liability under international and national law (including but not limited to US and EU law); or (c) contains bugs, viruses, worms, backdoors, Trojan horses or other malware or spyware or properties. We would assign you a password and account identification to enable you to access and use certain parts of this website. Each time YOU use the password or identification, you are deemed authorized to access and use the Website in accordance with the terms and conditions of this Agreement. We are under no obligation to investigate the source of any electronic access or use of the Website.
The use of data mining, robots, or similar data collection and extraction tools on our website, and the use of our trademarks or service marks in meta tags, is strictly prohibited without the express prior our written permission. You may view and use the Content for your personal purpose only (such as shopping and ordering on the Site) and for no other purpose. Please do not hesitate to contact us at firstname.lastname@example.org if you happen to come across any of our content hosted on a third party website.
You will be solely responsible for all access to and use of this site by anyone using the password and identification originally assigned to you whether or not such access to and use of this site is actually authorized by you, including without limitation, all communications and transmissions and all obligations (including without limitation, financial obligations) incurred through such access or use. You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify us of any unauthorized use of your password or identification or any other breach or threatened breach of this Site’s security. This “site” is owned by Alitance Limited (“Golden Heart”) [Reg. No. 3091458] registered under Hong Kong SAR laws with registered address at 29 Austin Road, Unit 1102, 11/F, Tsim Sha Tsui, Kowloon Hong Kong SAR.
- TRADE RULES
3.1. Price and purchase
At Checkout page, you may see the main price, VAT (depending on the destination country or region), insurance (if applicable) and other taxes (where applicable) at the applicable rate according to the local rules and regulations of the countries or regions where the items shipped to. However, in some cases, the VAT (Value Added Tax), other taxes, customs duties and/or fees levied by your destination country shall be assumed by the recipients.
Please be noted that if you receive any SMS, MMS or emails that remind you having additional fees to be charged, in particular custom clearance fees, we strongly advise you to contact us for further confirmation to circumvent the unnecessary losses by online scam and to duly protect your safety of property.
3.2. Pricing in different currencies
We provide you with a possibility to transact in USD and if possible in other currencies for your shopping convenience.
3.3. Typographical errors
Each item offered for sale on our website has an item description and/ or a reference link. You shall be responsible for confirming the information and content related to the item you wish to purchase through the information and/ or link provided before you submit any order. It is presumed that you have full knowledge and understanding of the details of the items you are purchasing upon submission of your order, as we shall not be liable for any after-sales issues resulting from misinterpretations of the related information and content on the website.
While we strive to provide accurate product and pricing information, pricing or typographical errors may occur. We cannot confirm the price of an item until after you order. In the event that an item is listed at an incorrect price or with incorrect information due to an error in pricing or product information, We shall have the right to refuse or cancel any orders placed for that item. In the event that an item is mis-priced, we may, either contact you for instructions or cancel your order and notify you of such cancellation.
3.4. Order acceptance
This is offer and acceptance exemplified at our website. Once you have selected all articles that you wish to buy, they will be added to your cart. The next step will be to process the order and make the payment. To that end, you must follow the steps of the purchase process, indicating or verifying the information requested in each step. Furthermore, throughout the purchase process, before payment, you can modify the details of your order. You and we are both legally binding since the order come into force at the time of finalizing the purchase.
Please note that there may be certain orders that we are unable to accept and must cancel (see paragraph 3.3. Typographical errors). We reserve the right, at sole discretion, to refuse or cancel any order for any reason. Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order.
Also, if you are a registered user, a record of all the orders placed by you is available in the "My Orders" area. You may use, as a payment method, the following cards: American Express, Apple Pay, Google Pay, JCB, Mastercard, PayPal, Shop Pay, Visa.
To minimize the risk of non-authorized access, your credit card details will be encrypted. Once we receive your order, we request a pre-authorization on your card to ensure that there are sufficient funds to complete the transaction. Please noted we Do Not save or retain any information regarding the financial transaction. Your card service provider or financial sponsor will retain such information.
For instance, when you click " Pay Now ", you are confirming that the credit card is yours. Credit cards are subject to verification and authorization by the card issuing entity. If the entity does not authorize the payment, we shall not be liable for any delay or failure to deliver and we will be unable to conclude any transaction or contract with you.
Our related entities will provide payment service categorized by your residency or domicile:
If you reside in another country, these Terms constitute an agreement between you and us and the goods and/or services will be provided by us.
We have made every effort to display, as accurately as possible, the colors of our products that appear on the Site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.
Unless otherwise provided, we will comply only with its minimum packing standards for the method of transportation selected. The cost of all special packing, loading, or bracing requested by you will be paid for by you.
3.8. Shipping & delivery.
We ship from different warehouses in different countries and we will entrust other logistics to carry the goods. For orders with more than one item, we may split your order into several packages according to stock capacity at our own discretion. We aim to deliver orders as quickly as possible. However, sometimes during busy sale periods, deliveries may take longer. If you have any questions regarding shipping and delivery, please contact us.
3.9. Title and risk of loss
Delivery to carrier shall constitute delivery to Buyer, and thereafter risk of loss or damage shall transfer to Buyer. Any claim of Buyer relative to damage during shipping or delivery should be made directly to the carrier. Any claims by Buyer against us for shortage or damage occurring prior to such delivery to carrier must be made within five (5) days after receipt of the goods. Notwithstanding the transfer of the risk of loss to Buyer, title and right of possession to the goods sold hereunder shall remain within us until all payments hereunder, including deferred payments evidenced by notes or otherwise, Interest, carrying charges, shall have been made, and Buyer agrees to do all acts necessary to perfect and maintain such right and title in Golden Heart.
In spite of the term set forth, if this article contradicts with the statutory regulation in national or state legislation level, statutes prevail.
3.10. Return of products
Goods can be returned in the designated period. The exact return period and return policy differ from country to country. You should be aware that you should return your goods to the warehouse in the US, Canada, Latvia, Spain or another country. Customers returning goods are responsible for freight charges, otherwise regulated by laws or regulations.
Wrong size items and quality problem items can be changed. For defective products, if a defect or damage is confirmed on the returned products, we will give you a complete refund including the charges you have accrued of delivery and return. The refund will be paid either to your Golden Heart Credit Account or to the original method of payment.
The following items cannot be returned or exchanged: Please see the Return Policy of Non-Returnable Items.
For more details, please refer to our Return Policy.
3.11. Reviews and comments
Except as otherwise provided elsewhere in this Agreement or on the site, anything that you submit or post to the site and/or provide us, including, without limitation, ideas, know-how, techniques, questions, reviews, comments, and suggestions (collectively, "Submissions") is and will be treated as non-confidential and nonproprietary, and by submitting or posting, you agree to irrevocably license the entry and all IP rights related thereto (excluding the moral rights such as authorship right) to us without charge and we shall have the royalty-free, worldwide, perpetual, irrevocable, and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. All Submissions shall automatically become the sole and exclusive property of us and shall not be returned to you.
You warrant that your Submissions, in whole or in part, are clear and free of any IP right infringement, disputes or third-party claims. We assume no liability for any misuse of copyright or any other rights of third parties by you. You undertake to defense for and indemnify us against any losses caused due to your misbehavior regarding the commentaries and remarks for any purposes.
In addition to the rights applicable to any Submission, when you post comments or reviews to the site, you also grant us the right to use the name that you submit with any review, comment, or other content, if any, in connection with such review, comment, or other content. You represent and warrant that you own or otherwise control all of the rights to the reviews, comments, and other content that you post on this site and that use of your reviews, comments, or other content by us will not infringe upon or violate the rights of any third party. You shall not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties to obtain unjust enrichment. We may, but shall not be obligated to remove or edit any Submissions (including comments or reviews) for any reason.
- INTELLECTUAL PROPERTY
All information and content related to items on our website including but not limited to price, details, dimensions, weight, descriptions, and specifications of the items are translated by us from the information obtained from suppliers’ or third parties’ sources and the items or the related information are not owned, manufactured, sold or endorsed by us. For the reason of the technical limitations, we cannot make a full warrant that the said information is accurate, complete, reliable, current, or error-free.
The collection, arrangement, and assembly of all content on this site (the "Compilation") belong exclusively to us. You may not use our content or Compilation in any manner that disparages or discredits us or in any way that is likely to cause confusion or violation of any applicable laws or regulations. The software used or applied on this Site (the "Software") is our property and/or its Software suppliers. The content, the Compilation and the Software are all protected under state, national and international copyright laws. All rights not expressly granted are reserved by us. Any site content can only be reproduced or distributed with express permission from us. Violators will be prosecuted to the full extent of the law.
4.1. Intellectual property infringement policy
We respect the intellectual property, including but not limited to copyright, trademark, patent, design and business confidentiality. If you believe that the supplier on our website is selling material that infringes the intellectual property rights of holders, you are welcome to assert your rights.
It is our policy to take appropriate action where necessary to uphold and recognize all relevant State, Federal and EU laws, international laws in connection with material that is claimed to be infringing any trademark, copyright, design, patent and all or any other Intellectual Property laws.
4.1.1. Sale of unauthorized goods
If you are an intellectual property rights owner and you believe that any goods and/or services for sale, or makes it available that infringe your intellectual property rights provided by our supplier on our website, then you may send the following information in its entirety to our email@example.com. Information required:
- An electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive that is allegedly infringed;
- A description of the allegedly infringing work or material and where the allegedly infringing material is located on the site (product(s) URL);
- Information reasonably sufficient to allow us to contact you, such as your address, telephone number and e-mail address;
- A statement by you that you have a good faith belief that the disputed use of the material is not authorized by the copyright or other proprietary right owner, its agent, or the law;
- Identification of the intellectual property rights that you claim are infringed by the Website (e.g., "XYZ copyright", "ABC trademark, Reg. No. 123456, registered 1/1/04”, etc. In the case of copyright infringement, please provide the copyright registration number or a link to the platform where it was first published, the URL of the infringing work/image and/or other information proving that you are the copyright owner or authorized to use it); and
- A statement by you that the above information and notification is accurate, and under penalty of perjury, that you are the copyright owner or authorized to act on behalf of the owner whose exclusive right is allegedly infringed.
4.1.2. Copyright infringement
If you believe that your proprietary work has been copied in a way that constitutes copyright infringement, please forward the following information to our Copyright Agent who is listed below and named pursuant to the Digital Millenium Copyright Act:
- The Full Legal Name and physical signature of the person authorized to act on behalf of the owner of the copyright;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the Site;
- Your mailing address, telephone number, and email address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copy.
Our Site and Apps may contain links to other sites on the Internet that are not owned and operated by us. We have no control over, assume no responsibility for, and do not endorse or verify the content, privacy policies, or practices of any third-party sites or services. We make no warranties or representations about the accuracy, completeness, or timeliness of any content posted on the Site by anyone other than us. We strongly advise you read all third-party terms and conditions and privacy policies.
- TERMINATION AND EFFECT OF TERMINATION
- DISCLAIMER AND LIMITATION OF LIABILITY
Unless otherwise provided by the standard terms and conditions of sale applicable to the same products on this site, products offered for sale are provided "as is" and transactions made with them will be completed accordingly. we make no representations or warranties, express or implied, regarding the operation of the site or the information, content, materials or products provided on this site unless otherwise stated. To the maximum extent permitted by applicable law, we disclaim all warranties, express or implied, including, but not limited to, any implied warranties of merchantability or fitness for a particular purpose, trademark non-infringement, title, non-interference, data correctness, and integration systems.
This website may contain inaccuracies, errors or typographical errors. We do not warrant that the Content will be uninterrupted or error-free. To the maximum extent permitted by law, we shall not be liable for any damages arising from the use of this website, including, but not limited to, indirect, incidental, criminal, punitive, special or consequential damages. To the maximum extent permitted by law, our aggregate liability to you for all damages (regardless of the basis of the fact) shall not exceed the total amount of payments made by you in the month immediately preceding the fact in which our liability is alleged to actually be paid to us.
- FORCE MAJEURE
We shall not be liable to you for any delay or failure to perform its obligations, the Services or the Site in connection with these Terms and will not be in breach of contract if the delay or failure is caused by a factor beyond our control. reasonable control may, including but not limited to: fire, natural disaster, storm, explosion, earthquake, flood, high tide, accident, pandemic or other natural disasters; war or threat of war, sabotage, riot, civil unrest or confiscation of property; acts, restrictions, ordinances, ordinances, prohibitions or other measures of any government, parliament or local authority; import or export regulations or embargoes; strikes, lockouts, lockdowns or other industrial events or trade disputes; problems in obtaining raw materials, labor, fuel, machine parts affecting us or our suppliers; or telecommunications, transportation, energy or system failures or equipment failures or breakdowns that make the foregoing impossible.
You (and any third party for whom you manage an account or activity on the Service) agree to defend, indemnify, and hold harmless our Parties (as requested by us) from and against any and all Claims, liabilities, damages, and costs, including but not limited to other than, reasonable attorneys' fees and expenses arising out of or in any way related to (including as a result of your direct actions on the Service or actions performed on your behalf): (i) your Content or your access to or use of the Service ; (ii) your breach or alleged breach of these Terms of Service; (iii) your violation of any third party rights, including, without limitation, any intellectual property, publicity, confidentiality, proprietary or right of privacy; (iv) your violation of any law, rule, ordinance, code, statute, ordinance or order of any governmental or quasi-governmental authority, including, but not limited to, any regulatory, administrative or legislative body; or (v) false information provided by you. You will cooperate as requested by us in defending any claims. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification, and under no circumstances will you settle any Claim without our prior written consent.
Except in the event of a waiver or dispute related to: (1) your intellectual property or our intellectual property (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents); (2) violation of the API Terms; or (3) a violation of clause 13 or 15 of the Terms above (“Excluded Disputes”), you agree that any dispute between you and us (whether or not such dispute involves a third party) in relation to your relationship with us, including but not limited to, any dispute relating to these Terms of Service, your use of the Service, and/or rights to privacy and/or publicity, shall be resolved by binding individual arbitration in accordance with the American Arbitration Association's rules for arbitration. with consumers are permitted, and you and we hereby expressly waive the right to a jury trial. You can also file a claim in your local small claims court if the rules of that small claims court allow it. You can only make claims on your own behalf. Neither you nor we will be involved in any class action or class-wide arbitration for claims covered by this Agreement. You also agree not to participate in any litigation as a private attorney general, representative, or joint litigation involving another person's account if we are a party to the litigation.
You may opt-out of this Arbitration Agreement. In this case, neither you nor we can request participation in the arbitration process. To opt-out, you must notify us in writing within 30 days of the date you first became subject to this arbitration provision. You must use this address to unsubscribe:
Golden Heart (Alitance Limited), Austin Road, Unit 1102, 11/F, Tsim Sha Tsui, Kowloon, Hong Kong SAR.
You must provide your name and residential address, the email address you use for your Golden Heart account, and a clear statement that you wish to opt-out of this Agreement in order to arbitrate.
If the above prohibition of class actions and other claims brought on behalf of third parties is found to be unenforceable, all of the foregoing statements in this Arbitration section will be void. This Arbitration Agreement will survive the termination of your relationship with us.
9.2. The limitation period for claims
You agree that any claim you may have in connection with your relationship with us must be filed within one year after such claim arises; otherwise, your claim is permanently blocked.
- GOVERNING LAW & JURISDICTION
If any provision of these Terms of Service is determined during arbitration or by a court of competent jurisdiction to be illegal, void, or for any reason unenforceable, that provision shall be deemed severable from these Terms of Service and shall not affect the validity and enforceability of any remaining provisions. Our failure to insist on or enforce strict compliance with any provision of these Terms shall not be construed as a waiver of any provision or right. No waiver of any of these terms shall be deemed a further or continuing waiver of that term or condition or any other term or condition. We reserve the right to change this Dispute Resolution Policy, but such changes will not apply to Disputes that arise prior to the effective date of the change. This Dispute Resolution Provision shall survive the termination of any or all of your transactions with us .
The information provided as part of the Service is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to any law or regulation or would violate any registration requirement in such jurisdiction or country would subdue such country. We reserve the right, at any time and in our sole discretion, to limit the availability of the Service, or any portion of the Service, to any person, geographic area, or jurisdiction, and the amounts of any content, program, product, service, or other feature we offer.
You agree that our remedy for any actual or threatened breach of this Agreement shall be insufficient, we shall in addition to any damages we may be legally entitled to recover and all reasonable expenses of any form dispute resolution, including but not limited to operational losses and attorneys' fees, is entitled to a specific benefit or injunctive relief, or both.
Exclude any other legal or equitable remedy, including but not limited to damages, injunctive relief, attorneys' fees or expenses.
No instance of a waiver by us of its rights or remedies under these Terms shall imply any obligation to grant any similar, future or another waiver.
Our customer service is always available and we will do our best to help you. If you have any questions or problems, please contact us at firstname.lastname@example.org.