Terms & Conditions

THIS DOCUMENT CONTAINS VERYIMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL ASCONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.

THESE TERMS REQUIRE THE USE OFARBITRATION TO RESOLVE DISPUTES RATHER THAN JURY TRIALS.

BY PURCHASING, INSTALLING, OROTHERWISE USING A GOLDILOX, LLC PRODUCT, YOU ACCEPT AND ARE BOUND BY THESETERMS AND CONDITIONS.

YOU MAY NOT ORDER OR OBTAINPRODUCTS FROM THIS WEBSITE, THROUGH AN E-COMMERCE SITE, THROUGH A DISTRIBUTOR,OR OTHERWISE IF YOU (A) DO NOT AGREE TO THESE TERMS; (B) ARE NOT THE OLDER OF(I) AT LEAST EIGHTEEN (18) YEARS OF AGE OR (II) LEGAL AGE TO FORM A BINDINGCONTRACT WITH GOLDILOX, LLC; (C) ARE PROHIBITED FROM ACCESSING OR USING THISWEBSITE OR ANY OF THIS WEBSITE’S CONTENTS, GOODS, OR SERVICES BY APPLICABLE LAW;OR (D) PURCHASE THE GOODS FROM ANYONE OTHER THAN GOLDILOX, LLC OR A THIRD-PARTYDISTRIBUTOR OF GOLDILOX, LLC.

UNAUTHORIZED PURCHASE, SALE,OR USE SHALL VOID AND WAIVE ALL CLAIMS AND WARRANTIES OF WHATEVER KIND ORNATURE. 

These Terms and Conditions (these “Terms and Conditions”) apply to the purchase, sale, and use of products through Goldilox, LLC’s website (the “Site”) (www.goldiloxusa.com) and purchase, sale, and use of products from a third-party distributor. These Terms and Conditions are subject to change by Goldilox, LLC (referred to as “Goldilox”, “us”, “we”, or “our” as the context may require) without prior written notice at any time, in our sole discretion. The latest version of these Terms and Conditions will be posted on the Site, and you should review these Terms and Conditions before purchasing any products that are available through this Site or available through a third-party distributor. Your continued use of the products after a posted change in these Terms and Conditions will constitute your acceptance and agreement to such changes. You are responsible for reviewing these Terms and Conditions periodically for changes.

The term “Customer” refers to the original purchaser of the product, whether an individual consumer, business entity, or distributor. The term “End-User” refers to any individual or entity that ultimately uses the product, regardless of whether they purchased said product directly from Goldilox or a third-party distributor.

These Terms and Conditions are an integral part of the Terms of Use that apply generally to the use of our Site, which can be found here. You should also carefully review our Privacy Policy, Cookie Policy Cookie Policy, and Goldilox Warranty Goldilox Warranty before placing an order for products through this Site or through a third-party distributor. These documents are incorporated by reference into these Terms and Conditions.

• Non-Binding Quotes. Any quotes provided by us on this Site for products are for informational purposes only and do not constitute an offer for sale. These quotes are not binding upon Goldilox, and are subject to change without notice. The final price for any product will be determined at the time of purchase and will be confirmed on your invoice. Goldilox reserves the right to correct any errors or inaccuracies in quotes or product descriptions at any time. Your receipt of any quote does not signify Goldilox’s acceptance of your order or constitute confirmation of an offer to sell.

  Any quotes or representations provided, whether online or offline, are for informational purposes only and are non-binding. Goldilox is not responsible for errors or omissions in quotes, and any agreement to provide products is subject to final written confirmation.

• Order Acceptance and Cancellation. For orders placed directly through Goldilox or its website, you agree your order is an offer to buy, under these Terms and Conditions, all products listed in your order. All orders must be accepted by us, or we will not be obligated to sell the products to you. We may choose not to accept any orders in our sole discretion. After receiving your order, we may send you a Sales Quote for your approval. Upon quote approval (if applicable), we will send you an invoice with your order number and details of the items you have ordered. Prices stated in the invoice are valid until the payment due date specified therein, after which prices are subject to change. Shipping charges are subject to change at anytime. Acceptance of your order and formation of the contract of sale between Goldilox and you will not take place until you have paid the balance of your invoice. Any cancellation requests after invoice payment must be approved by Goldilox in its sole discretion and, if permitted, will be subject to a 20% restocking fee. For orders placed through third-party platforms, the third-party’s ordering process and policies will apply.

• Prices and Payment Terms.

  • All prices posted on this Site and in Sales Quotes for orders placed directly through the Site or Goldilox are subject to change without notice. Orders placed through third-party distributors shall be subject to the pricing and payment terms agreed between the end user and such third-party distributor. The price charged for a product will be the price in effect at the time the order is placed and will be set out in your invoice. After the payment due date specified in the invoice has passed, all prices are subject to change. Price increases will only apply to orders placed after such changes or after the expiration of your invoice as described on the invoice. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your invoice. We are not responsible for pricing, typographical, or other errors in any offer by us, and we reserve the right to cancel any orders arising from such errors.

  • Terms of payment are within our sole discretion, and, unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an order.

• Shipments; Delivery; Title and Risk of Loss. For products purchased through this Site or Goldilox directly:

  • We will work with you to coordinate shipment of the products to you. You will pay all shipping and handling charges specified during the ordering process. Shipping and handling charges are subject to change without notice and you are responsible for any increased costs involved with shipment of the products to you, including but not limited to fuel surcharges, expedited delivery fees, special handling requirements, and any costs arising from delivery delays or rerouting due to incorrect delivery information provided by you.

  • Title and risk of loss pass to you upon our transfer of the products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments or damages resulting from shipment.

• Returns and Refunds.

  • For products purchased through this Site or directly through Goldilox, ALL SALES ARE FINAL. NO RETURNS, EXCHANGES, OR REFUNDS WILLBE PROCESSED FOR ANY PRODUCTS PURCHASED DIRECTLY THROUGH GOLDILOX, REGARDLESSOF REASON OR CIRCUMSTANCE, EXCEPT AS EXPRESSLY PROVIDED IN THE GOLDILOX WARRANTY.

  • For products purchased through a third-party distributor, all requests for returns and refunds not related to warranty claims should be addressed with the third-party distributor.

• Limited Warranty. All products sold by Goldilox or through authorized third-party distributors are covered by the Goldilox Warranty. Please refer to the Goldilox Warranty for complete details regarding coverage, limitations, and claim procedures.

• Intellectual Property Use and Ownership. You acknowledge and agree that:

  • The purchase of any product from this Site or through a third-party distributor constitutes a sale of the physical product, while all intellectual property rights associated with the product remain subject to the terms, conditions, and restrictions provided with the product or posted with the display or description of that specific product.

  • You will comply with all terms and conditions associated with any product you obtain through this Site or through a third-party distributor, including, but not limited to, all confidentiality obligations and restrictions on reverse engineering, copying, making, modifying, improving, or transferring any intellectual property associated with the products.

  • You will not cause, induce, or permit others’ noncompliance with the terms and conditions associated with any of these products, particularly regarding intellectual property rights.

  • Goldilox is and will remain the sole and exclusive owner of all intellectual property rights in and to each product made available on this Site, through third party distributors, and any related specifications, instructions, documentation, or other materials, including, but not limited to, all related copyrights, patents, trademarks, and other intellectual property rights. You do not and will not have or acquire any ownership of these intellectual property rights in or to the products made available through this Site, through third-party distributors, or of any intellectual property rights relating to those products.

• Privacy. We respect your privacy and are committed to protecting it. Our Privacy Policy governs the processing of all personal data collected from you in connection with your purchase of products through the Site.

• Force Majeure. Goldilox shall not be liable or responsible to the other party, nor be deemed to have defaulted under or breached these Terms and Conditions, for any failure or delay in fulfilling or performing any terms of these Terms and Conditions, and Customer shall remain liable to Goldilox for all payment and other obligations hereunder regardless of any Force Majeure Events, when and to the extent such failure or delay is caused by or results from acts beyond Goldilox’s reasonable control, including, without limitation, the following force majeure events (“Force Majeure Event(s)”): (a) acts of God; (b) flood, fire, earthquake, epidemics, pandemics, or explosion; (c) war, invasions, hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest; (d) government order, law, or actions; (e) embargoes or blockades in effect on or after the date of this Agreement; (f) national or regional emergency; (g) strikes, labor stoppages, or slowdowns, or other industrial disturbances; (h) telecommunication breakdowns, power outages or shortages, lack of warehouse or storage space, inadequate transportation services, or inability or delay in obtaining supplies or adequate or suitable materials; and(i) other similar events beyond the reasonable control of Goldilox.

  Goldilox shall give notice within ten (10) days of the Force Majeure Event, stating the period of time the occurrence is expected to continue. Goldilox shall use diligent efforts to end the failure or delay and ensure the effects of such Force Majeure Event are minimized. Goldilox shall resume the performance of its obligations as soon as reasonably practicable after the removal of the cause. In the event that the Goldilox’s failure or delay remains uncured for a period of thirty (30) days following written notice given by it under this Section 9,Goldilox may thereafter terminate these Terms and Conditions immediately upon written notice, with no liability or obligation to Customer.

• Governing Law and Jurisdiction. All matters arising out of or relating to these Terms and Conditions are governed and construed in accordance with the internal laws of the State of Texas, and exclusive venue for any legal action shall be in the state or federal courts located in Kendall County, Texas without giving effect to any choice or conflict of law provision or rule (whether of the State of Texas or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Texas.

• Dispute Resolution and Binding Arbitration.

  • SUBJECT TO SECTION 11.C., YOU AND GOLDILOXARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE AJURY OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.

    ANYCLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHERPRE-EXISTING, PRESENT OR FUTURE AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU ANDUS ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE, USE, OR PERFORMANCE OF PRODUCTS THROUGH THE SITE OR THROUGH THIRD-PARTY DISTRIBUTORS, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.

  • The arbitration will be administered by the American Arbitration Association (“AAA”) before a single arbitrator in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Section 11. (The AAA Rules are available at adr.org or by calling the AAA at 1-800-778-7879.) The Federal Arbitration act will govern the interpretation and enforcement of this Section.

    The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or these Terms and Conditions is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity, except that the arbitrator shall not have the power to award punitive or exemplary damages unless specifically provided by statute. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.

    If you prevail on any claim that affords the prevailing party an award of attorneys’ fees under Texas law, the arbitrator may award reasonable fees to you. The arbitrator will determine the reasonableness of such fees in accordance with the standards set forth in the Texas Civil Practice and Remedies Code and other applicable legal principles.

  • You may elect to pursue your claim in the Justice Court (small claims court) located exclusively in Kendall County, Texas, rather than arbitration if you provide us with written notice of your intention to do so within sixty (60) days of when your claim first arises. The amount in controversy must not exceed the jurisdictional limit of the Justice Court as set forth in Texas Government Code Section 27.031. The arbitration or small claims proceeding will be limited solely to your individual dispute or controversy.

  • You agree to arbitration on an individual basis. In any dispute, NEITHER YOU NOR GOLDILOX WILL BE ENTITLED TO JOIN ORCONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS OR END-USERS IN COURT OR INARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE,CLASS MEMBER, OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver, and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.

  If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced.

• Assignment. You will not assign any of your rights or delegate any of your obligations under these Terms and Conditions without our prior written consent. Goldilox may freely assign or transfer these Terms and Conditions, including in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets. Any purported assignment or delegation in violation of this Section12is null and void. No assignment or delegation relieves you of any of your obligations under these Terms and Conditions.

• No Waivers. The failure by us to enforce any right or provision of these Terms and Conditions will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Goldilox.

• No Third-Party Beneficiaries. These Terms and Conditions do not and are not intended to confer any rights or remedies upon any person other than you and Goldilox.

• Binding Agreement. By using or installing Goldilox products, regardless of the purchase method or source, you agree to be bound by these Terms and Conditions, the Privacy Policy, Terms of Use, Cookie Policy, and Goldilox Warranty (collectively, the “Goldilox Policies”). If you do not agree to any of these Goldilox Policies, do not use or install the product. Any use or installation of the product constitutes express acceptance of all Goldilox Policies in their entirety. The Goldilox Policies are hereby incorporated by reference in their entirety.

• User Obligations. Users are required to (a) strictly follow all installation instructions provided with Goldilox products (“Installation Instructions”) in their entirety, with no deviations or modifications; and (b) maintain complete documentation for any warranty claim including: (i) all product remnants, (ii) photographs and/or videos of the installation process, (iii) documentation of weather conditions during installation and for 48 hours following installation, (iv) records of post-installation product maintenance, (v) photographs and/or videos of product removal and floor condition after removal, (vi) documentation of adhesive storage conditions and temperatures, and (vii) photographs of products prior to installation. Failure to maintain and provide all required documentation within thirty (30) days of Goldilox’s request will result in the automatic and irrevocable waiver of any related warranty claims and shall constitute conclusive evidence that any product issues are not attributable to manufacturing defects.

• Notices.

  • To You. By providing your phone number and email address, you expressly consent to receive notices under these Terms and Conditions through: (i) messages sent to the email address you provide, (ii)posting to the Site, (iii) text messages sent to the phone number you provide(message and data rates may apply), or (iv) other forms of electronic communication we may use to contact you. You may opt out of text message communications at any time by replying STOP or following the unsubscribe instructions provided in the message. Notices sent by email or text message will be effective when we send them to the last email address or phone number you provided, regardless of whether you actually receive or read such notices, and notices we provide by posting or other forms of communication will be effective upon sending or posting, as applicable. It is your responsibility to keep your email address current.

  • To Us. To give us notice under these Terms and Conditions, you must contact us as follows: by personal delivery, overnight courier, or registered or certified mail to Goldilox, LLC at 13Pfeiffer Road, Boerne, Texas 78006. We may update the address for notices to us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three days after they are sent.

• Severability. If any provision of these Terms and Conditions is invalid, illegal, void, or unenforceable, then(a) that provision will be deemed severed from these Terms and Conditions and will not affect the validity or enforceability of the remaining provisions, and(b) Goldilox may replace such provision with a valid and enforceable provision that best achieves the original intent and economic effect of the severed provision.

• Entire Agreement. Our order confirmation, these Terms and Conditions and all Goldilox Policies (including the Terms of Use, Privacy Policy, Cookie Policy, and Goldilox Warranty) in effect as of the date of your order confirmation will be deemed the final and integrated agreement between you and us on the matters contained in these Terms and Conditions, superseding all prior or contemporaneous communications, understandings, or agreements, whether written or oral. No modification of these Terms and Conditions will be effective unless in writing and signed by an authorized representative of Goldilox, except that Goldilox reserves the right to update its Policies from time to time in accordance with their terms.