Terms and Conditions
Thank you for visiting http://www.thegaly.com/ (the “Site”).
Please read the below terms carefully and ensure that you understand them as defined below. Your use of this Site, including without limitation, the purchase of collectibles, is subject to your acceptance of these terms and conditions (the “Terms”). By using this
Site you are deemed to have accepted the Terms set herein. If you do not accept the Terms, you must not use or access this Site, nor purchase any collectible.
We keep the Terms updated and we may amend them every so often, so remember to check back in before your use of the Site and/or Services, as the latest set of the terms will apply. If you do not agree to any change to the Terms, you must not use or access this Site, nor
purchase any collectible.
1. Use of the Site
These Site’s Terms and Conditions of Use (“Terms of Use”), as well any other terms such as, without limitation, our Privacy Policy and our Cookies Policy, as amended from time to time, are all incorporated into these Terms by reference (collectively, “Terms”) and govern
and rule your use of the Site, as well your purchase of our collectibles according to our Sales Terms defined below (Collectively “Services”). In these Terms, “you” and “your” refer to you, the individual accessing and/or using the Site and “We,” “us”, or “our” refer to
Reflection Studios LLC..
2. Candidacy to pre-sale
Once you have made a candidacy request to pre-sale, you should receive an email
acknowledging that your candidacy to pre-sale has been registered (the”Candidacy Notice”).
YOU ARE AWARE AND AGREE THAT:
– The Candidacy Notice is not an acceptance of your Candidacy, nor a confirmation that it is possible to purchase the collectible, or a confirmation of an order, and a contract does not exist between us at this point;
– Many of the candidacies to pre-sale, even perhaps most of them, may fail to reach a final transaction of purchase, that collectibles even if located in your card are not reserved and can be purchased by other candidates and or customers, including without limitation, due to the limited scope of the offer, for example, due to the difference between the number of available products to be sold and the number of
candidates. ONLY candidates who will receive a written update that they can place a purchase request to purchase the product of their choice, will be able to place such purchase request and try to purchase it. It is accepted by the users of this Site that the choice to accept any candidacy is at our sole discretion.
– The collectibles appearing in this site may be sold by other distribution channels than this Site, before or after the launch of this Site and at our sole discretion, and according to any kind of reasons we chose.
– WE ARE FREE AT OUR SOLE AND FULL DISCRETION TO SELL THE PRODUCTS APPEARING IN THIS SITE, INCLUDING WITHOUT LIMITATION, IN THE VARIOUS CHANNELS, UPON SUCH TERMS AND CONDITIONS WE ELECT AND IT IS LIKELY THAT IN PARALLEL TO RECEIVING CANDIDACIES TO PRE-SALES IN THIS SITE, PRODUCTS ARE SOLD IN OTHER CHANNELS AND NO CANDIDATE TO THE PRE-
SALE HAS ANY RIGHT TO ANY KIND OF COMPENSATION DUE TO THE REJECTION OF HIS/ HER CANDIDACY AND/OR DUE TO
INAVAILABILITY OF THE CHOSEN PRODUCT (“SOLD OUT” OR “TEMPORARILLY SOLD OUT”), EVEN IF THE CANDIDACY WAS
ACCEPTED.
– Even in the event a candidate to pre-sale receives a Candidacy Notice inviting the candidate to try to purchase the product, such Candidacy Notice does not represent any guarantee nor confirmation that the product is available to be purchased; rather,
only a written acceptance issued by us, following receipt of payment, entails a confirmation that the purchase is confirmed. For illustration purposes only, there may be a situation whereby between the time we send a Candidacy Notice and the time payment is received by us, the chosen products in the Site may be sold out or temporally sold out. Therefore, a finalized purchase will take place only after our confirmation of payment’s acceptation, subject to and in accordance with the Terms.
THIS IS A MAJOR CLAUSE WHICH YOU ARE DEEMED TO ACCEPT BY USING THIS SITE.NOTWITHSTANDING THE TERMS OF ART 12 BELOW, YOU HEREBY AGREE THAT IN THE UNLIKELY CASE A PRODUCT IS PURCHASED,BUT CANNOT BE DELIVERED FOR ANY REASON, OUR MAXIMUM LIABILITY IS LIMITED TO THE REIMBURSEMENT OF THE TOTAL PRICE WHICH YOU PAID FOR THE PURCHASE OF THE COLLECTIBLE, AND AT THE EXCLUSION OF ANY ADDITIONAL POTENTIAL OR ACTUAL LOSS, SUCH AS A RAISE IN THE PRICE OF THE PURCHASED PRODUCT, WHETHER ON OUR WEBSITE OR ON ANY SECONDARY OR PARRALEL MARKET PLACE
3. Sales Terms and Conditions
Purchases on this site located at www.thegaly.com (“Galy’s” “we” “us”) Site(s) (our “Site” or “Sites”) and related services are made available to you in accordance with the following Terms and Conditions, and any other rules posted on our Site. Please read all carefully before placing any orders on www.thegaly.com
Any payments shall be processed through the Processor, all subject to and in accordance with Processor’s Consumer Terms of Service available at https://stripe.com/legal/consumer. When you select “purchase” on the
All credit/debit cardholders are subject to validation checks and authorization by the card issuer. If the issuer of
your payment card refuses to authorize payment to us, we will not be liable for any delay, non-delivery or cancellation of your Order. We take reasonable care to make our Site secured. All credit/debit card transactions on this site are processed using
3.6 Delivery;
Insurance; transfer of Title: Please refer to the Pricing and Shipping section of our FAQ for full details. Notwithstanding the different delivery options that are available to select, if there are different delivery options, the delivery periods stated are estimates only. We, through our third party shipping platform, will endeavor to deliver your order within the estimated timescales, however, we shall not be liable for any delays outside of our control. If your order is significantly delayed by an event outside our control then we will endeavor to contact you as soon as possible to let you know and we will take reasonable steps to minimize the effect of the delay. If there is a risk of significant delay you may contact us to cancel the order and receive a refund for any collectibles you have paid for but not received. Such refund will eventually take place after we have received the collectible back in its original package or if we arrived at the conclusion that the courier company lost the package.You must provide us with complete and accurate recipient and delivery address information. We will not be liable for any issues with the delivery of your order as a result of you supplying us with incomplete or inaccurate information. We insure each purchase during the time it is in transit until it is delivered to your specified delivery address. We require a signature for any collectibles delivered, at which point responsibility for your purchased collectibles passes to you and forms evidence of delivery and fulfillment by us. The collectibles are in your responsibility from the time we deliver them to the address you gave us. Delivery times appearing on the site are estimates and are to be used as a guide only and commence from the date of dispatch.. We are not responsible for any delays caused by destination customs clearance processes. If delivery is delayed by any event outside of our control, we will contact you as soon as possible to let you know, and we will take reasonable steps to minimize the effect of the delay. We will not be liable for delays caused by the event. You will own the collectibles on and from the later of the point in time when:(a) we receive payment in full, and (b) we deliver the collectible to you.
You hereby acknowledge that Galy 01 collectible may have an embedded NFC device, providing some information while approaching the Galy 01 Collectible with a mobile phone. You hereby agree that, in the event the NFC does not function, partially or at all, such default is not a reason for replacement or refund of the Galy 01 collectible, or any other collectible as the NFC is not an essential element of the collectible and we have others ways to make authentification of the collectible if needed.
We grant you a non-exclusive, non-transferable, limited right to access, use, and display the Site, Services and the Content thereon for your personal informational use only, provided that you comply fully with these Terms. Except as otherwise provided herein, use of the Site does not grant you a license to any Content, features or materials you may access on the Site and you agree and warrant that you must NOT:
-use, modify, rent, lease, loan, sell, distribute or create derivative works, nor NFT of such Content, features or materials, trademarks, service marks, trade names, other copyrightable material or any other intellectual property in any manner in whole or in part use our Site in any malicious way that causes, or may cause, damage to the Site or impairment of the availability or accessibility of the Site or it’s DB.
– use our Site in any way which is unlawful, illegal, fraudulent or harmful, or in
We reserves the right to take whatever lawful actions it may deem appropriate in response to your actual or suspected violations of these Terms, including, without limitation, the suspension or termination of your access and/or account, if any. We may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Except as may be expressly limited by applicable law, we reserve the right at all times to disclose any information as we deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in our sole discretion.You agree to indemnify, defend and hold us and our affiliates and their respective officers, directors, employees and suppliers harmless from and against all claims, demands, suits or other proceedings, and resulting loss, damage, liability, costs, interest and expenses (including reasonable attorneys’ fees) brought by any third party or governmental claim or demand that involves, relates to or concerns (a) your use or inability to use the Site or Services and/ or the (b) your breach of any provision of the Terms, and/ or (c) your improper use of the Services and/ or (d) your violation of any law or the rights of a third party, or (e) federal, state, county, city, or other tax obligation or amounts due or owing under any tax regulation, law, order or decree. We reserve, and you grant to us, the right to assume exclusive defense and control of any matter subject to indemnification by you hereunder. All rights and duties of indemnification that are set forth herein shall survive termination of these Terms.
We reserve the right, for any reason, in our sole discretion and without notice to you, to terminate, change, suspend or discontinue any aspect of the Site, including, but not limited to the Content, features and/or hours of Site availability, and we will not be liable to you or to any third party for doing so. We reserve the right to restrict access to areas of our Site, or use of our whole Site, at our discretion, without notice or penalty. If we provide you with a user ID and password to enable you to access to restricted areas of our Site or other content or services, you must ensure that your user ID and password is kept confidential. You accept responsibility for all activities that occur under your user ID or password. We may disable your user ID and password at our sole discretion.