Terms and Conditions
Effective Date: June 11, 2020
Galiatea Inc. (“Galiatea”, “we”, or “us”) provides the website (http://www.galiatea.com) (the “Website”), the data, content, information, products, and similar materials delivered or provided by us (collectively, the “Service”), subject to your agreement to and compliance with the conditions set forth in these Terms and Conditions (“Terms and Conditions”). These Terms and Conditions set forth the legally binding terms and conditions governing your use of the Service. By using the Service or otherwise entering into these Terms and Conditions you are creating a binding contract with us. If you do not accept these Terms and Conditions, please do not use our Website or place orders. We may revise or update these Terms and Conditions by posting an amended version through the Service and making you aware of the revisions, which may be through posting to the Service or otherwise. Your use of the Service following an update to these Terms and Conditions (or other acceptance method) is considered acceptance of the updated Terms and Conditions.
The Galiatea General Terms and Conditions and Use (https://www.galiatea.com/pages/terms-and-conditions) (the “General Terms”) are hereby incorporated by reference as if fully stated forth herein. In the event of a conflict between the General Terms and these Terms and Conditions, the terms of the General Terms shall control.
PURCHASE- TERMS OF ORDERING
The Galiatea Website may be used to order a variety of products from Galiatea’s various collections directly online via the Internet.
You can also discuss your order by telephone by dialing (409) 234 6763. These Terms and Conditions will also apply to orders placed by phone.
PLACING AN ORDER
For each product selected on the Galiatea Website, a summary page (cart page) will be displayed automatically featuring a photograph of the item, its coloring and references, the quantity selected and its estimated price (price will vary depending on shipping). You should check that this information accurately reflects your selection before confirming your order by pressing “Request a quote”. Upon confirmation, your order will be submitted to Galiatea for processing. Once it has been cleared we will submit the actual invoice with payment options, and the price quoted will be valid for 10 calendar days. If payment has not been received within 10 calendar days, you will need to contact Galiatea to obtain an updated quote.
While every effort is taken to try to ensure that the coloring, design and style of the Galiatea products in the photographs displayed on the Galiatea Website are representative of the products you will actually receive, variations will occur due to the nature of the products (e.g., not all solid wood will have the same wood grain or indentations, each alpaca product is unique since it is made from different animals, etc.). Variations may also occur due to technical restrictions of color reproduction on your computer equipment. Accordingly Galiatea shall not be liable for any error or inaccuracy in the photographs or graphical representations of Galiatea products displayed on the Galiatea Website. If you have any questions about the products, you may, of course, contact us by email: firstname.lastname@example.org or by phone: (409) 234 6763.
- Select product to “add to cart”
- Press “Request a Quote”
- Complete Information
- Invoice created (sent to Galiatea sales representative)
- Email confirmation of order and tracking number and payment options.
* Cushions for outdoor seating must be selected separately and are not included in the price of the seat.
RETURN & EXCHANGES
Items that have been manufactured according to customer specifications, cannot be returned. Due to the nature of the handcrafted products and shipping costs, we cannot accept returns on any products.
Please contact a sales representative to create a custom order. Confirmation by email of the custom product desired will be used as a positive affirmation to complete order and acceptance of these Terms and Conditions.
Once you place an order with Galiatea, we will check to see that the product is available to the specifications you require, and that all of your billing and shipping information is verified. This process takes us approximately 24 hours. Your order is then forwarded to the manufacturer. The customer has 24 hours after ordering to cancel the order. Once the production has begun on any merchandise, the order is not cancelable. Custom orders and non-stocked items are not cancelable.
Our offers of products and corresponding prices are valid as displayed on the Galiatea Website, subject to availability. In this regard, instructions about the availability of the products will be given at the time of the order. However, due to the nature of Galiatea’s business, errors regarding the stated availability of a product could exist, especially in case of simultaneous orders of the same product by several customers. In case of unavailability of a product after ordering, you will be informed of that by email or by phone as soon as possible, and it will be proposed to you either to order another item shown on the Galiatea Website in substitution or to cancel your order. Since many items are one-of-a-kind pieces, the image will be of the original piece, thus when ordering the substituted (“made to order” item) there will be slight variations since no two pieces may be duplicated exactly.
Galiatea is not liable in case of stock outage or unavailability of products.
Galiatea reserves the right to change at any time and without any previous notice the items proposed on the Galiatea Website.
The prices of Galiatea products are indicated in US dollars.
Galiatea reserves the right to modify the prices of products offered on the Galiatea Website at any time without prior notice to you.
For Customers that are corporate entities, the manufacturing of the ordered product(s) will not begin until Galiatea has received at least 50% of the purchase price for the order, which amount Galiatea may, but is not required to, invoice Customer. Once the product(s) are manufactured, the Customer will be notified and invoiced for the balance of the purchase price for the product(s) in the order and all necessary taxes, shipping fees, and other fees. The ordered product(s) shall not ship until the Customer pays all invoiced amounts associated with the ordered product(s). Corporate Customers acknowledge and agree that any delay in paying the balance of their order and shipping may result in Galiatea charging reasonable storage fees, which will also have to be paid prior to shipment.
For individual Customers, payment (purchase price, taxes, shipping, other fees) for the ordered product(s) and shipping must be made in full prior to manufacturing and/or shipment of any such product(s).
Methods of payment may include: online credit card payment and wire transfer. Those details will be provided in your invoice.
Your order will only be shipped once we have received full payment. You agree and acknowledge that any delay in or failure to pay will result in an appropriate adjustment to any estimated delivery date.
With the exception of Galiatea’s income tax and other taxes applicable to its internal operations, any taxes or duties applicable to the your order, or the items that make up your order, including, but not limited to sales tax, will be buyer’s sole responsibility to pay. Prices listed for Products are exclusive of all taxes, duties and similar amounts.
Tracking order: Once the order is paid and shipped by us, or the manufacturer (as applicable) we will send you a tracking number for the container or freight.
Delivery times: on each product page you will see an estimated time for delivery (or lead time) for the particular item. The time is calculated from when the payment has been accepted. Furniture and accessories that are manufactured to your specifications, unless otherwise stated, can take up to 8 weeks for delivery and furniture shipped from Brazil can take longer than 8 weeks.
At the end of the ordering procedure, you are invited to “Request a quote”. If requested, you will then be sent an email with an order confirmation with the details of your order.
Your order represents an offer by you to purchase goods from us subject to these Terms and Conditions.
Orders placed after 2pm (EST) will be deemed received the following business day.
Processing your order may take up to 24 hours. During that time you can decide to cancel your order. All cancellations will need to be in writing, sent to email@example.com.
Please note that it is the customer’s responsibility to check the confirmation email and notify us immediately of any errors at firstname.lastname@example.org.
Once your order has been confirmed you will receive an email with your order details and payment details.
Please note: an additional handling charge may apply to the delivery of certain unique products (e.g: silver, oversized, etc.), in this case it will be clearly shown in the shopping cart.
As your product is shipped from our manufacturer, we will send you a shipping confirmation email with a tracking number once it is available.
You (or the recipient) may be contacted by the shipping company to arrange for a convenient delivery date.
We make every effort to ship your order as quickly as possible. Items ordered together may not necessarily be shipped together. In the event of a delay, you will be notified by email.
Galiatea reserves the right to cancel or refuse to accept an order due to erroneous information being entered on the Website or supplied to us by a supplier or any event outside the control of Galiatea and it shall not be held liable for any breach of contract resulting from such an event. Galiatea is not responsible for delays in shipment or contingencies beyond its control.
For all orders, merchandise cannot be returned without our written consent. Unauthorized returns will not be accepted and will be returned to sender “freight collect”. The client is responsible for all return freight charges.
All sales are final and there are no returns, refunds, or exchanges. Galiatea uses its best efforts to provide quality control of its products before it is shipped to our clients provided however, Galiatea does not assume any liability or responsibility for any defect in workmanship or quality of the products.
If Galiatea has merchandise for an order ready to be shipped at the time it was promised and the client has asked for a delay of the shipment, Galiatea or its shippers may charge storage fees to the buyer. These fees will vary depending on size of the order, location of merchandise, and the amount of time the pieces need to be stored. These charges, in addition to freight or delivery, must be paid in full prior to the ultimate shipment of the merchandise.
These Terms and Conditions, product list prices, and delivery/lead times are subject to modification, interpretation and termination as determined by Galiatea in its sole discretion and without notice. We reserve the right to suspend or deny all or some portion of the Service to anyone, in our sole discretion, and to terminate a user of the Service at any time.
Due to the nature of the shipping (containers), some items (such as large tables) will be disassembled upon arrival and may require assembling by the client and client assumes all responsibility for such assembly.
Delivery time may be subject to change (Galiatea is not held responsible for unforeseen changes in delivery time).
Customer is responsible for any unforeseen port and custom charges when receiving the shipment
Products will be shipped DDP: Delivered Duty Paid (from manufacturer to named place of destination)
DAMAGES CAUSED IN TRANSIT
The customer is responsible to ensure that all furniture will clear elevation stairs, doorways, etc.
All products will be covered by transportation insurance to cover damages that may occur in transit. The customer must inspect the products upon arrival and inform freight company of any damages. Any claim of damages must be filed within 48 hours of receiving products by notifying the shipping company.
Rules of Conduct
Your use of the Service is conditioned on your compliance with the terms of these Terms and Conditions, including but not limited to these rules of conduct. You agree that you will not violate any applicable law or regulation in connection with your use of the Service.
You must keep your user name and password and any other information needed to login to the Service, if applicable, confidential and secure. We are not responsible for any unauthorized access to your account or profile by others.
You agree that you will not do any of the following:
- breach, through the Service, any agreements that you enter into with any third parties;
- stalk, harass, injure, or harm another individual through the Service;
- modify, adapt, translate, copy, reverse engineer, decompile or disassemble any portion of the Service;
- interfere with or disrupt the operation of the Service, including restricting or inhibiting any other person from using the Service by means of hacking or defacing;
- transmit to or make available in connection with the Service any denial of service attack, virus, worm, Trojan horse or other harmful code or activity;
- attempt to probe, scan or test the vulnerability of a system or network of the Service or to breach security or authentication measures without proper authorization;
- take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
- harvest or collect the email address, contact information, or any other personal information of other users of the Service;
- use any means to crawl, scrape or collect content from the Service via automated or large group means;
- submit, post or make available false, incomplete or misleading information to the Service, or otherwise provide such information to us;
- register for more than one user account; or
- impersonate any other person or business.
You are not licensed to access any portion of the Service that is not public, and you may not attempt to override any security measures in place on the Service.
We reserve the right, in our sole discretion, to protect our users from violators and violations of these rules of conduct, including but not limited to restricting your use of the Services, immediately terminating your use of the Service, or terminating your use of the Service by blocking certain IP addresses from accessing the Service. Notwithstanding the foregoing, our unlimited right to terminate your access to the Service shall not be limited to violations of these rules of conduct.
DISCLAIMERS AND LIMITATION ON LIABILITY
EXCEPT WHERE PROHIBITED BY LAW, YOU AGREE AND ACKNOWLEDGE THAT THE SERVICE, THE CONTENT THEREIN, AND ANY PRODUCTS/MERCHANDISE ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, ALONG WITH OUR PARENTS, SUBSIDIARIES, OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, MANAGERS, EMPLOYEES AND SUPPLIERS, SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, ACCURACY, SUITABILITY, APPLICABILITY, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ANY OTHER WARRANTIES OF ANY KIND IN AND TO THE SERVICE. NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM US SHALL CREATE ANY WARRANTY.
FURTHER, OPINIONS, ADVICE, STATEMENTS, SUBMISSIONS, CONTENT, OR OTHER INFORMATION MADE AVAILABLE THROUGH THE SERVICE, BUT NOT DIRECTLY BY US, ARE THOSE OF THEIR RESPECTIVE AUTHORS, AND SHOULD NOT BE RELIED UPON. SUCH AUTHORS ARE SOLELY RESPONSIBLE FOR SUCH CONTENT.
USE OF THE SERVICE IS AT YOUR SOLE RISK. WE DO NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; THAT DATA TRANSMISSION OR STORAGE IS SECURE OR THAT THE SERVICE IS FREE OF INACCURACIES, MISREPRESENTATIONS, VIRUSES OR OTHER HARMFUL CODE OR COMPONENTS.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE, OUR AFFILIATES, LICENSORS OR BUSINESS PARTNERS (COLLECTIVELY, THE “RELATED PARTIES”) BE LIABLE TO YOU BASED ON OR RELATED TO THE SERVICE, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND SHALL NOT BE RESPONSIBLE FOR ANY LOSSES OR DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE SERVICE, EVEN IF WE AND/OR RELATED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Notwithstanding the foregoing, in the event that a court shall find that the above disclaimers are not enforceable, then you agree that neither we nor any of our parents, subsidiaries, affiliated companies, employees, members, shareholders, or directors shall be liable for (1) any damages in excess of $500.00 or (2) any indirect, incidental, punitive, special, or consequential damages or loss of use, lost revenue, lost profits or data to you or any third party from your use of the Service. This limitation shall apply regardless of the basis of your claim or whether or not the limited remedies provided herein fail of their essential purpose.
INTELLECTUAL PROPERTY RIGHTS
As long as you are in compliance with the conditions of this Agreement and all incorporated documents, we hereby grant you a limited, revocable, non-assignable, non-transferrable, non-sublicensable, non-exclusive license to access, receive and use the Service. No rights not explicitly listed are granted.
TRADEMARK AND COPYRIGHT
All designs and names of the products, as well as the “look” and the “feel” of the Service, are the property of Galiatea or of the artisans/manufacturers who authorized Galiatea to market their products, and they cannot be used, reproduced or distributed without the written consent of Galiatea. Buyers shall indemnify and hold harmless Galiatea and its officers and agents for any violation of the Terms and Conditions.
All material on the Galiatea Website (drawings, designs, illustrations, photographs, sound tracks, written text, logos, other copyrighted works, trademarks, etc.) are the exclusive property of Galiatea or any of its providers. You may not reproduce, by any means or process (except as expressly provided herein), totally or in part, distribute, publish, transmit, create derivative works based on, modify or sell any such material contained on the Galiatea Website.
The Galiatea trademark and all other Galiatea related marks and logos, whether or not registered, displayed on the Galiatea Website, as well as the domain name “Galiatea”, are and will remain the exclusive property of Galiatea. Any reproduction, distribution, transmission, modification or use of these trademarks for any purpose without prior, express agreement of Galiatea is prohibited.
All designs are the property of Galiatea or their product manufacturers and cannot be used, reproduced or distributed without Galiatea’s written consent.
No information provided in the order form and invoices will be sold or used other than to process your order.