Date of Last Update: June 2020
1. terms of website use
www.eu.malinandgoetz.com (the "Site") is a website operated in the United Kingdom by MALIN+GOETZ Limited. We are a limited company registered in England and Wales under company number 09693153 and we have our registered office at C/O Manzanita Capital Empire House 4th Floor, 175 Piccadilly, London, W1J 9EN United Kingdom. Our main trading address is MALIN+GOETZ, 146 Upper St, N1 1QY, United Kingdom. Our VAT number is 233 9739 81.
MALIN+GOETZ uses secure socket layers ("SSL"), the industry standard in transferring information to process your orders.
2. ownership of rights
All rights in this Site, including copyright and moral rights, are owned by or licensed to MALIN+GOETZ. Any use of this Site or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without our permission. You may not modify, delete, distribute or post anything on this Site for any purpose.
3. accuracy of content
We do not guarantee that our Site, or any content on it, will be free from errors or omissions.
The images of products on this Site are illustrative only. The packaging may vary from that shown. The weights and dimensions are approximate only. We have made every effort to display as accurately as possible the colour of the products that appear on the Site. However, as the actual colours 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 off-website pages or any other websites linked to or from this Site. 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, in any off-website materials, or in any linked websites.
4. accessing our site
Our Site is directed to people residing in the EU. We do not represent that content available on or through our Site is appropriate or available for or in other locations. We may limit the availability of our Site or any service or product described on our Site to any person or geographic area at any time. If you choose to access our Site from outside the EU, you do so at your own risk.
5. damage to your computer
We make every effort to ensure that this Site is free from viruses or defects. However, we cannot guarantee that your use of this Site or any websites accessible through it will not cause damage to your computer. It is your responsibility to ensure that the right equipment is available to use the Site and screen out anything that may damage it. We 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.
6. limitation of liability
The provisions of this clause relate to the use of this Site only and do not affect the statutory rights of consumers or any other rights granted by us in connection with the purchase of our goods on this Site included under the MALIN+GOETZ terms and conditions for online sales.
To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our Site or any content on it, whether express or implied.
We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
If you are a business user, please note that we will not be liable for:
loss of profits, sales, business, or revenue;
loss of anticipated savings;
loss of business opportunity, goodwill or reputation; or
any indirect or consequential loss or damage.
If you are a consumer user, please note that we only provide our Site for domestic and private use. You agree not to use our Site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any goods by use to you, which will be set out in our terms and conditions for online sales.
7. prohibited uses
You may use our Site only for lawful purposes. You may not use our Site:
in any way that breaches any applicable local, national or international law or regulation;
in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards set out below;
to transmit or procure the sending of any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation ('spam'); or
to knowingly transmit any data, or to send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree:
not to reproduce, duplicate, copy or re-sell any part of our Site in contravention of the provisions of these terms of website use; and
not to access without authority, interfere with, damage or disrupt:
- any part of our Site;
- any equipment or network on which our Site is stored;
- any software used in the provision of our Site; or
- any equipment or network or software owned or used by any third party.
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. 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.
8. submission of information
9. intellectual property
The trade marks, logos and service marks (“Intellectual Property”) displayed on our Site are the registered and unregistered marks or designs of MALIN+GOETZ, our affiliates, our licensors and/or our suppliers and are protected by inter alia, EU, US and international trade mark laws. 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.
10. mobile services
If you access this 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.
11. 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 own or are otherwise entitled to any and all rights in any User Generated Material;
any User Generated Material is not, and does not contain, material which is offensive, abusive, pornographic, defamatory, blasphemous or unlawful, and does not infringe, or potentially infringe, the rights of a third party or any applicable law including, in particular, any intellectual property rights;
any User Generated Material is original and is not copied in whole or in part from any third party;
any User Generated Material does not contain or constitute software viruses, commercial solicitation, chain letters, mass mailings or 'spam' in any form; and
you will not impersonate any person or entity or use any false e-mail address or otherwise mislead us as to the origin of any User Generated Material submitted, and you agree to indemnify us and hold us harmless from and against any claims arising from your claims and/or any third party claims to any rights in any User Generated Material.
You agree that MALIN+GOETZ:
does not, and has no obligation to, review the User Generated Material;
is not in any manner responsible for User Generated Material;
does not guarantee the accuracy, integrity or quality of User Generated Material; and
cannot assure that harmful, inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable User Generated Material will not appear on this Site.
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.
13. transfer of rights
14. other legal notices
16. changes to legal notices
17. law, jurisdiction and language
This Site, any content contained herein, and any contracts entered into as a result of usage of this Site are governed by English law. The parties to any such contract agree to submit to the exclusive jurisdiction of the courts of England and Wales. All contracts are concluded in English.