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Terms and Conditions

Effective: December 1, 2019

AGREEMENT TO TERMS

These terms and conditions (these “Terms”), set forth the terms and conditions upon which Galerie USA, LLC, d/b/a Galerie Candy & Gifts (“Galerie”, “we”, or “us”) will allow you to access Galerie’s website located at Galeriecandy.com (the “Site”), and to purchase Galerie’s products (the “Products”) through the Site. These Terms are effective as of the Effective Date set forth above. We may modify these Terms at any time in our sole discretion, and such modifications will be effective upon our publicly posting an updated version. Accordingly, you should check these Terms often. YOUR PURCHASE OF ANY PRODUCT OFFERED ON THE SITE, YOUR ACCESS AND USE OF THE SITE, AND YOUR SUBMISSION OF INFORMATION TO US THROUGH THE SITE, EACH CONSTITUTE YOUR ACKNOWLEDGEMENT THAT YOU HAVE READ THESE TERMS AND AGREE TO BE LEGALLY BOUND BY THE SAME AS IF YOU HAD PHYSICALLY SIGNED THEM. IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE NOT PERMITTED TO ACCESS OR USE THE SITE IN ANY WAY, AND YOU SHOULD IMMEDIATELY DISCONTINUE YOUR USE OF THE SITE.  

PAYMENT; CANCELLATION

All payments will be processed when the order is received and goods are shipped to you. Shipping and taxes will be paid by you in the agreed upon amount at the time of purchase. An order may be cancelled by you up until payment has been processed. Once payment has been processed, you are responsible for payment. We reserve the right to terminate, without penalty, any order for a Product offered on our Site that is listed for an incorrect price, as determined in our sole discretion. In such event, we will refund you the amounts we actually received from you related to such Product. All prices displayed on the Site are subject to change without notice to you. We shall have no obligation to honor any price on the Site that is incorrect, out of date, or has been mistakenly listed.  

EXCLUSION OF REPRESENTATIONS AND WARRANTIES

The information on the Site is provided on an “as is” basis. To the fullest extent permitted by applicable law, rule, or regulation (“Law”), Galerie disclaims all representations and warranties relating to the Site, including without limitation those related to the up time or availability of the Site or the materials, information or content displayed on the Site. To the maximum extent permitted by applicable Law, Galerie hereby disclaims all express and implied warranties, including without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Further Galerie disclaims all representations and warranties related to the websites of any affiliates or other third parties, including without limitation any information or materials displayed on their website.

 

 

LIMITATION OF LIABILITY

To the maximum extent permitted by applicable Law:

  • GALERIE SHALL NOT BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, OR PUNITIVE DAMAGES RELATED TO YOUR USE OF THE SITE OR RELIANCE ON ANY INFORMATION PROVIDED ON THE SITE, INCLUDING WITHOUT LIMITATION, LOSS OF BUSINESS OR PROFITS, DAMAGE CAUSED TO YOUR COMPUTER OR COMPUTER SOFTWARE, SYSTEMS OR PROGRAMS AND THE DATA THEREIN.

 

  • GALERIE SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES OR LOSS RELATED TO OR ARISING FROM ANY ACT OR OMISSION OF ANY THIRD PARTY, REGARDLESS OF WHETHER YOU INTERACT WITH SUCH THIRD PARTY THROUGH A LINK ON THE SITE OR THROUGH A PLUG-IN ON THE SITE.

 

  • Some jurisdictions may not permit certain limitations of liability set forth above; however, you hereby agree that it is your intent that the limitations of liability and disclaimers set forth in these Terms be enforced to the fullest extent permitted by applicable Law, and you agree that to the extent any provision, disclaimer, or limitation is deemed by a court of competent jurisdiction to be invalid or unenforceable, such provision or limitation shall be severed from these Terms without affecting the remainder of the terms herein, and the remaining terms shall be enforced to the fullest legal extent.  

YOUR USE OF INFORMATION AND MATERIALS ON THIS SITE

We reserve the right to terminate your account or deny you access to the Site or deny any order you place through the Site for any or no reason, subject to applicable Law. We reserve the right to update, modify, or delete any content or Product offering on the Site for any or no reason, without notice to you. The Site, and all information and materials on the Site, including without limitation, images and information related to, incorporated in, or associated with the Products and related branding, images, characters, copyrights, trademarks, logos, service marks, and all other related intellectual property (the “Galerie Materials”), is either licensed or exclusively owned by Galerie. You shall not download, distribute, modify, copy, reproduce, exploit, transfer, reuse, or use any such Galerie Materials in any manner without the prior written consent of Galerie and (if applicable) Galerie’s applicable licencor. Nothing contained in these Terms or on the Site shall be deemed to grant you any interest in the Galerie Materials or related intellectual property.

YOUR REPRESENTATIONS, WARRANTIES, AND COVENANTS

You represent, warrant, and covenant that: (i) you are a United States citizen over the age of eighteen (18) years old; and (ii) you will only use the Site and Products for their intended and lawful purposes only.

INFORMATION YOU SUBMIT TO US

Information you submit to us through the Site is governed by the most recent version of our Privacy Policy, available at galeriecandy.com. If the Site offers features that allow you to post reviews or comments, you agree that (i) you hereby grant us an irrevocable, perpetual, royalty free, transferable, right and license to use and commercially exploit such reviews and comments; (ii) you will not submit your name or any other personally identifiable information on such public reviews or comments; (iii) you will not post any information or reviews to our Site that are solicitations, or is that is obscene, illegal, untruthful, contains any “spam” or viruses, or otherwise violates any intellectual property or other right of any third party; (iv) we reserve the right to modify, edit, or delete such reviews or comments if we determine that your reviews or comments violate these Terms; and (v) we will not treat any such information, comments, or reviews as confidential. You represent that you have all rights, title, and interest in and to all comments and other information and materials that you submit to any plugin third party or otherwise to us. You irrevocably waive any “moral rights” with respect to all such information, reviews, comments, and materials, and all rights of attribution of authorship, to the maximum extent permitted by applicable Law.