Terms and Conditions

“we,” “us”, or “our” refer to the owners of the site and / or the seller of the collectibles including, but not only, Galy 01

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 of Use by reference (collectively, “Terms”) and govern and rule your use of the Site, as well your purchase of our 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.

Once you made a candidacy to pre-sale or pre-buy (two different expressions for the same meaning), a message should appear on the screen saying that your candidacy to pre-sale or pre-buy has been sent (the “Candidacy Notice”). Candidacy Notice is NOT an acceptance of your order nor a confirmation that it is possible to purchase the product; such Candidacy Notice is non-binding and merely a confirmation that we have received your candidacy to pre-sale. You are aware and agree that many of the candidacies to pre-sale, even perhaps most of them, may fail to reach a final transaction of purchase, this is also due to, but not only, the limited aspect of the offer and 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 products appearing in this site may be sold by other distribution channels than this Site, before and/or after the launch of this Site and at our sole discretion and according to any kind of reasons we chose. THIS IS A MAJOR CLAUSE WHICH YOU ARE DEEMED TO ACCEPT BY USING THIS SITE; YOU ARE AWARE THAT 1) WE ARE FREE AT OUR SOLE AND FULL DISCRETION TO SALE THE PRODUCTS APPEARING IN THIS SITE, INCLUDING WITHOUT LIMITATION, IN THE CHANNELS WE CHOOSE , AND UPON SUCH TERMS AND CONDITIONS WE ELECT, AND 2) IT IS LIKELY THAT IN PARALLEL TO RECEIVING CANDIDACIES TO PRE-SALES IN THIS SITE, PRODUCTS ARE SOLD ALSO IN OTHER CHANNELS , AND 3) 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 receiving 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 Sales’Terms and Conditions.

NOTWITHSTANDING THE TERMS OF ART 7 BELOW, YOU HEREBY AGREE THAT IN THE UNLIKELY CASE A PRODUCT IS PURCHASED, BUT CANNOT BE DELIVERED FOR ANY REASON, OUR MAXIMUM LIABILITY IS THE REIMBUSRSEMENT OF THE THE TOTAL PRICE WHICH YOU PAID FOR THE PURCHASE OF THE ITEM , 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 AND/ OR IN OTHER OF OUR DISTRIBUTION CHANNELS AND/ OR ON ANY SECONDARY OR PARRALEL MARKET PLACE NOT LINKED TO US.

Your purchase of our products will be made available to you in accordance with the Sales Terms and Conditions and any other rules and policies posted on our Site.

The contents of the Site, such as text, graphics, images, audio, video, data, coding, scripts, computer programs and other material are referred herein as “Content”.

The images of the collectibles on our site, as for example only, Galy 01, are referred herein as collectibles, and are displayed for illustrative purposes only. Although we have made every effort to display the colors, forms, textures, and any other details accurately, we cannot guarantee an exact replication of the image. For example, your computer’s display of the colors may not accurately reflect the colors of the Artwork, the artist may also make what he estimates at his sole discretion to be improvement in the collectible, without a prior notice, before the shipping. USERS OF THE SITE ACCEPT THIS UNCONDITIONALLY.

Additionally, presented alongside with every collectible is a description of the collectible itself. This description is meant solely to provide a general idea of the collectible. In general, please note that a specific collectible may a little vary in material, size, dimensions, or any other descriptive information, and we cannot guarantee that the physical collectible sent shall be exactly consistent with these exact details. In the case of editions or series, not every collectible in the edition will be exactly as seen on the Site and may include small variations in color, pattern, medium, and/or size.

For any purpose, Content is deemed to include the Artwork.

You may be able to link to third party websites (“Linked Sites”) from the Site. Linked Sites are not, however, reviewed, controlled or examined by us in any way and we are not responsible for the content, availability, advertising, products, information or use of user information or other materials of any such Linked Sites, or any additional links contained therein. These links do not imply our endorsement of or association with the Linked Sites. It is your sole responsibility to comply with the appropriate terms of service of the Linked Sites as well as with any other obligation under copyright, secrecy, defamation, decency, privacy, security and export laws related to the use of such Linked Sites and any content contained thereon. In no event shall we be liable, directly or indirectly, to anyone for any loss or damage arising from or occasioned by the creation or use of the Linked Sites or the information or material accessed through these Linked Sites. You should direct any concerns to that site’s administrator or webmaster. We reserve the exclusive right, at its sole discretion, to add, change, decline or remove, without notice, any feature or link to any of the Linked Sites from the Site and/or introduce different features or links to different users.

Permission must be granted by us for any type of link to the Site. To seek our permission, you may write to us at the address below. We reserve the right, however, to deny any request or rescind any permission granted by us to link through such other types of link, and to require termination of any such link to the Site, at our discretion at any time.

As between you and us, are the owner and/or authorized user of any trademark, registered trademark and/or service mark appearing on the Site, and/ or the Content as defined herein are owned by us, its licensors or relevant third party content providers.

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:

– 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 connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

– use our Site for any purposes related to marketing without our express written consent.

– use our Site to copy, publish or send mass mailings or spam.

– use our Site to copy, publish or send material which is illegal or unlawful, or material which could give rise to legal action under US and other applicable law.

– make any commercial use of the Content

– download or save a copy of any of the Content or screens for any purpose except as otherwise provided by us.

– publish, or send via our Site any material which is defamatory, obscene, indecent, hateful, discriminatory, or inflammatory; or which infringes upon any person’s intellectual property rights or rights of confidence, impinge upon any person’s privacy, or constitute an incitement to commit a crime.

We may take such action as we deem appropriate to deal with your violation of the terms of this section, including suspending or canceling your account, restricting your access to our Site, or commencing legal proceedings against you.

If you make use of the Site, other than that as provided herein, in doing so you may violate copyright and other laws of the United-States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use.

Violations of system or network security may result in civil or criminal liability. We will investigate occurrences and may involve, and cooperate with, law enforcement authorities in prosecuting the user or users who are involved in such violations. You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, the following:

• Accessing data not intended for you or logging into a server or account which you are not authorized to access;
• Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
• Attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus, worm, Trojan Horse or other harmful code to the Site, overloading, “flooding”, “mailbombing” or “crashing”; or sending unsolicited e-mail, including promotions and/or advertising of products or services, or

WE AND/OR OUR THIRD PARTY SUPPLIERS OR LICENSORS DO NOT REPRESENT, WARRANT OR COVENANT THAT THE SITE AND THE SERVICES, ARE OR WILL BE ACCURATE, CURRENT, COMPLETE, FREE OF TECHNICAL AND TYPOGRAPHICAL ERRORS, SECURE, RELIABLE, OR APPROPRIATE FOR ANY PARTICULAR USE TO WHICH YOU OR ANY THIRD PARTY MAY CHOOSE TO PUT THEM, THAT THEY ARE OR WILL BE AVAILABLE ON AN UNINTERRUPTED AND ERROR-FREE BASIS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE AND SERVICES ARE FREE OF VIRUSES OR OTHER DISABLING DEVICES OR HARMFUL COMPONENTS. WE SPECIFICALLY DISCLAIM ANY DUTY TO UPDATE THE CONTENT, OR ANY OTHER INFORMATION ON THE SITE OR THE SERVICES.

YOU AGREE THAT YOU ARE MAKING USE OF OUR SITE AND SERVICES, AT YOUR OWN RISK, AND THAT THE SERVICES ARE BEING PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE EXCLUDE ALL EXPRESS OR IMPLIED WARRANTIES, TERMS AND CONDITIONS INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND ANY WARRANTIES IMPLIED BY A COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE.

IN ADDITION, TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE (INCLUDING OUR AFFILIATED COMPANIES, AND OUR AND THEIR RESPECTIVE SHAREHOLDERS, OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES, LEGAL REPRESENTATIVES, AND SUPPLIERS) ARE NOT LIABLE, AND YOU AGREE NOT TO HOLD US RESPONSIBLE, FOR ANY DAMAGES OR LOSSES (INCLUDING, BUT NOT LIMITED TO, LOSS OF MONEY, GOODWILL OR REPUTATION, PROFITS, OR OTHER INTANGIBLE LOSSES OR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES) RESULTING DIRECTLY OR INDIRECTLY FROM (A) THE CONTENT OF THIRD PARTIES (B) YOUR ACCESS TO, USE OF, INABILITY TO ACCESS OR USE THE SERVICES, OR RELIANCE ON THE SERVICES; (C) PRICING, SHIPPING, FORMAT, OR OTHER GUIDANCE PROVIDED BY US, (D) DELAYS OR DISRUPTIONS IN OUR SERVICES, (E) VIRUSES OR OTHER MALICIOUS SOFTWARE OBTAINED BY ACCESSING OUR SERVICES OR THOSE OF ANY SITE, SERVICES, OR TOOLS LINKED TO OUR SERVICES; (F) BUGS, ERRORS, OR INACCURACIES OF ANY KIND IN OUR SERVICES, (G) DAMAGE TO YOUR HARDWARE DEVICE FROM THE USE OF ANY SERVICE, (H) THE CONTENT, ACTIONS, OR INACTIONS OF THIRD PARTIES, INCLUDING THE PAYMENT PROCESSOR, (I) A SUSPENSION OR OTHER ACTION TAKEN WITH RESPECT TO YOUR ACCOUNT. UNDER NO CIRCUMSTANCES SHALL WE, OR OUR AFFILIATED COMPANIES, AND OUR AND THEIR RESPECTIVE SHAREHOLDERS, OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES, LEGAL REPRESENTATIVES, AND SUPPLIERS, BE LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, SPECIAL, OR SIMILAR DAMAGES OR COSTS (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR DATA, LOSS OF GOODWILL, LOSS OF OR DAMAGE TO PROPERTY, LOSS OF USE, BUSINESS INTERRUPTION, AND CLAIMS OF THIRD PARTIES) ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE SERVICES, OR ANY OTHER CAUSE BEYOND OUR CONTROL, EVEN IF WE WERE ADVISED, KNEW, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR COSTS.

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF WARRANTIES OR EXCLUSION OF DAMAGES. IN A JURISDICTION THAT DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF OUR LIABILITY, OR OUR AFFILIATED COMPANIES, AND OUR AND THEIR RESPECTIVE SHAREHOLDERS, OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES, LEGAL REPRESENTATIVES, AND SUPPLIERS, SHALL BE LIMITED IN ACCORDANCE WITH THESE TERMS OF USE TO THE FULLEST EXTENT PERMITTED BY LAW.

WITHOUT LIMITING ANY OF THE FOREGOING, IF WE, OUR CONTRACTORS, SUPPLIERS, CONTENT PROVIDERS, OR ANY OF THE SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, OR AGENTS OF ANY OF THE FOREGOING, IS FOUND LIABLE TO YOU OR TO ANY THIRD PARTY AS A RESULT OF ANY CLAIMS OR OTHER MATTERS ARISING UNDER OR IN CONNECTION WITH THESE TERMS OR THE SERVICES, WE AND SUCH PARTIES’ CUMULATIVE, AGGREGATE, AND MAXIMUM LIABILITY FOR ALL SUCH CLAIMS AND OTHER MATTERS IN ANY CALENDAR YEAR SHALL NOT EXCEED THE TOTAL PRICE WHICH YOU PAID FOR THE PURCHASE OF THE ITEM AND AT THE EXCLUSION OF WHAT CAN BE SEEN AS ANY ADDITIONAL POTENTIAL OR ACTUA LOSS, SUCH AS A RAISE IN THE PRICE OF THE PURCHASED PRODUCT, WHETHER ON OUR WEBSITE OR ON ANY SECONDARY OR PARRALEL MARKET PLACE NOT LINKED TO US.

We only use your personal information in accordance with our Privacy Policy . Please take the time to read this, as it includes important Terms that apply to you.

Cookies helps us deliver our Services. Please take the time to read our Cookies Policy, as it includes important terms that apply to you.

We will not be liable or responsible for any failure to perform or delay in performance of, any of our obligations that are caused by an Event Outside of Our Control. An Event Outside of Our Control is defined as any act or event beyond our reasonable control, including without limitation to strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disasters, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Artworks to you, we will endeavor best efforts to coordinate a new delivery date with you after the Event Outside Our Control is over.

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.

Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

If you are a business or a contractor and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of New York without regard to the laws that might be applicable under principles of conflicts of law as to all matters, including, but not limited to, matters of validity, construction, effect and performance, and both parties agree to the exclusive jurisdiction of Delaware courts.

The Terms constitute the entire understanding of the parties and supersede all prior discussions, negotiations, agreements, and understandings, whether oral or written.