terms of use (U.S.)
LAST UPDATED: August 2021
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.
This Site is not designed for and does not collect, use, or disclose personal information from children under the age of 13.
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.
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 Copyright ©2019 MALIN+GOETZ, ALL RIGHTS RESERVED. The compilation (meaning the collection, arrangement and assembly) 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.
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 the United Kingdom, France 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.
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.
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.
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.
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:
- use of or inability to use our Site; or
- inaccuracies or omissions in any content displayed on our Site.
In particular, we will not be liable in contract, warranty or in tort (including negligence) for:
- loss of profits, sales, business, or revenue;
- business interruption;
- loss of anticipated savings;
- loss of business opportunity, goodwill or reputation; or
- any indirect, special, incidental or consequential loss or damage.
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 byMALIN+GOETZ in its sole discretion.
The preceding text is subject to the Section “Notice of Residents of New Jersey” below
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.
This provision is subject to the Section “Notice of Residents of New Jersey” below
Prohibited uses
You may use our Site for lawful purposes only. 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');
- to knowingly transmit any data or 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;
- to circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use of any content or enforce limitations on use of the Site or the content therein; or
- to interfere with or disrupt the Site or servers or networks connected to the Site or to disobey any requirements, procedures, policies or regulations of networks connected to the Site, including by using any device, software or routine to bypass robot exclusion headers.
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 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, 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 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.
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.
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.
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.
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.
Notice of Residents of New Jersey
Your rights are protected under the Truth-in-Consumer Contract, Warranty and Notice Act and New Jersey law generally. The following provisions in these Terms of Use do not apply to you and are not intended to vary, diminish or alter your rights under New Jersey law: specifically, nothing in these Terms of Use limits, varies, diminishes, affects, or otherwise voids or alters your rights under New Jersey law as they relate to limitations of liability or exculpation (including, but not limited to, limitations on indirect, incidental, special, exemplary, consequential or similar damages), dispute resolution, indemnification, venue or jurisdiction, statutes of limitation or repose periods for bringing claims, plain language requirements, representations and warranties of any type or nature (including, but not limited to conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quite enjoyment, and non-infringement), contract remedies, personal injury, tort and negligence claims, conditions of sale, fee-shifting provisions, waiver of attorney fees and/or costs, and copyright. Your rights regarding these specific provisions will be governed by New Jersey law. In the event of any conflict between these Terms of Use and New Jersey law, New Jersey law will govern.
Questions
If you have any questions regarding these Terms of Use please contact us by email at help@malinandgoetz.com or write to us at (MALIN+GOETZ), 330 Seventh Avenue, 21st 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.
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:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- a description of the copyrighted work that you claim has been infringed upon;
- a description of where the material that you claim is infringing is located on the Site;
- 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;
- your name, address, telephone number and e-mail address (if available); and
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.
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), 330 Seventh Avenue, 21st Floor, New York, NY 10001
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.
We only supply Products for domestic and private use in reasonable quantities expected of a consumer and we do not make bulk sales. We do not sell more than 5 of the same item to any consumer and if you order more than this quantity in one order or in a series of orders we may request confirmation from you that you are a consumer rather than an un-authorised re-seller and we may refuse to accept your offer to purchase the Products ordered. You agree not to use the Products for any commercial, business or resale purposes. We have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
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 help@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.
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.
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. TO THE EXTENT PERMITTED BY APPLICABLE LAWS, ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. The preceding sentence is subject to the Section “Notice of Residents of New Jersey” below.
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. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING TO AGREE TO THE TERMS OF THIS SECTION.
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.
terms + conditions (U.S.)
e-gift cards
Using MALIN+GOETZ e-gift cards:
1. Go to malinandgoetz.com.
2. At checkout, select "apply gift card code" under payment method. enter your 15 digit e-gift card code + click "check status" to confirm current balance.
3. Click "add code" to apply e-gift card amount to your order. If a purchase exceeds the amount of the e-gift card, the balance must be paid with a credit card or other available payment method. unused amounts may be used toward future purchases.
e-gift cards are not debit or credit cards and may be used only toward malinandgoetz.com purchases. e-Gift Cards have no monetary value other than in connection with the purchase of MALIN+GOETZ products on the site. e-gift cards are redeemable for products and cannot be redeemed for cash or credit unless required by law, have no expiration date and no dormancy or service fees. e-gift cards may not be resold, transfered for value or applied to any other account, except and only to the extent required by law; attempted resale is grounds for seizure and cancellation without compensation. Any e-gift cards obtained through unauthorized channels will be considered void. When purchasing as a personal or business gift, you must enter the name and e-mail address of the recipient, where requested, or the e-gift card will be credited to your account. MALIN+GOETZ is not responsible if e-gift card information is lost, stolen or used without the applicable recipient's permission. If the e-gift card information is lost or stolen, MALIN+GOETZ may (in its sole discretion) issue a replacement for the balance shown on its records and may require certain verification information from the person requesting the replacement. MALIN+GOETZ has the right, in addition to any other available remedies, to close an end-user’s account or require alternative forms of payment if a fraudulently obtained e-gift card is redeemed or sought to be redeemed by that end-user.
Black Friday e-gift cards:
Black Friday unique e-gift card code is valid from Thursday, December 1, 2021 to Monday January 3, 2022, 11:59PM EST. E-gift cards are not debit or credit cards and may be used only toward malinandgoetz.com or free standing MALIN+GOETZ store purchases. If a purchase exceeds the amount of the e-gift card, the balance must be paid with a credit card or other available payment method. Unused amounts may be used toward future purchases. E-gift cards have no monetary value other than in connection with the purchase of MALIN+GOETZ products on the site and in-store. E-gift cards are redeemable for products and cannot be redeemed for cash or credit unless required by law. E-gift cards may not be resold, transferred for value or applied to any other account, except and only to the extent required by law; attempted resale is grounds for seizure and cancellation without compensation. Any e-gift cards obtained through unauthorized channels will be considered void. MALIN+GOETZ is not responsible if e-gift card information is lost, stolen or used without the applicable recipient's permission. If the e-gift card information is lost or stolen, MALIN+GOETZ may (in its sole discretion) issue a replacement for the balance shown on its records and may require certain verification information from the person requesting the replacement. MALIN+GOETZ has the right, in addition to any other available remedies, to close an end-user’s account or require alternative forms of payment if a fraudulently obtained e-gift card is redeemed or sought to be redeemed by that end-user.
Purchasing MALIN+GOETZ e-gift cards:
1. Select the value you wish to gift.
2. Fill out contact information + personal message fields.
3. You have the option of scheduling when the e-gift card code is sent to the recipient. otherwise, an email with the e-gift card code is sent immediately after purchase.
4. Preview the email that will be sent by clicking "preview message".
5. If all looks good, add the e-gift card to your cart + complete transaction. (not eligible for return.)
e-gift cards may be purchased online in denominations of $25, $50, $75, $100, $150, $200, $300, $400 and $500 as made available on malinandgoetz.com. Promotional offers, coupons and discounts, and e-gift cards may not be used toward the purchase of e-gift cards. All e-gift card purchases are non-refundable and non-cancellable. e-gift cards may be used as personal or business gifts, but may not be used in connection with any marketing, advertising or other promotional activities (including, without limitation, via websites, Internet advertisements, email marketing, telemarketing, direct mail marketing, newspaper and magazine advertisements or radio, Internet and/or television broadcasts) unless you obtain MALIN+GOETZ's prior written approval in each instance.
Promotions
free shipping on all orders, no code necessary: Complimentary standard ground shipping on all orders. No code necessary. Offer valid on malinandgoetz.com only and is subject to change without notice. Allow 1-2 business days for order processing prior to shipment. Order processing may take an additional 24-72 hour delay at this time. Free shipping applies to orders shipped via standard shipping or FedEx Ground in the contiguous United States on all MALIN+GOETZ branded products. All orders ship from the New York metro area.
fragrance discovery kit $10 code promotion: $10 code promotion is provided to fragrance discovery kit purchases where a unique code is sent by email seven (7) business days after time of purchase. Must be subscribed to MALIN+GOETZ emails to receive. One code per person to be used toward a future 50ml or 100ml eau de parfum purchase, minimum amount of $95. $10 code redeemable at MALIN+GOETZ shops + malinandgoetz.com. Email must be presented at checkout if redeeming in-store. Cannot be combined with other promotions. Due to alcohol content, fragrance items can only ship via ground service.
