Terms Of Use

 

This website ("the Site") is owned and operated by Gallery Atlantic Inc. ("GA"). The use of the Site, and any orders placed using the Site, are governed by the terms and conditions set forth below. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.

 

The terms "you" and "your" refer to anyone accessing, viewing, browsing, visiting, using or ordering items through the Site.  The terms "Gallery Atlantic," "we", "us", and "our" refer to Gallery Atlantic Inc., and its affiliates, subsidiaries and related entities.  

 

By accessing, using, or downloading material from the Site, and by ordering items from the Site, you agree to follow and be bound by these terms and conditions. All orders placed through the Site will be governed by these terms and conditions. If you violate any of these Terms and Conditions we reserve the right to cancel your access to the Site, to ban you from accessing, viewing, browsing and using the Site, and to cancel any orders that you may have placed through the Site.  

 

We reserve the right to amend these Terms and Conditions from time to time. As such, you should check these Terms and Conditions periodically. 

 

 

 You agree to use the Site only for lawful purposes.  You are prohibited from posting on or transmitting through the Site any unlawful, harmful, threatening, abusive, harassing, infringing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racial, ethnic, or otherwise objectionable material of any kind, including but not limited to any material that is or that encourages fraudulent activity or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, federal, or international law.  If we are notified of or suspect allegedly infringing, defamatory, damaging, illegal, or offensive content provided by you (e.g., through an author chat or online review), we may (but without any obligation) investigate the allegation and determine in our sole discretion whether to remove or request the removal of such content from the Site.  We may disclose any content or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the Site; or (iii) to protect the rights or property of GA, its associates, our users and customers and/or you.

 

We reserve the right to prohibit conduct, communication, or material that we deem in our sole discretion to be unlawful or harmful to you, the Site, Site users, our customers or any third party. GA, in its sole discretion, may block, edit or remove blog submissions. Notwithstanding the foregoing, neither GA nor its associates can ensure prompt removal of questionable content after online posting.  Accordingly, neither GA, nor its associates assume any liability for any action or inaction with respect to conduct, communication, or content on the Site.

 

This Site is not intended for or directed to persons who are minors (typically persons under the age of 18, depending on your State of residency).  Because we cannot prohibit minors from accessing, viewing, browsing, visiting or using the Site, we must rely on parents, guardians and those responsible for supervising minors to decide which materials are appropriate for minors to view.  By registering with this Site, purchasing products from us or providing us with any information, you represent to us that you are legally permitted to enter into a binding contract (18 years of age or older in most jurisdictions) and that any information you provide to us is not inaccurate, deceptive or misleading.

 

We require that all purchases be made by individuals who are not minors and who can legally enter into binding contracts (typically persons 18 years of age or older, depending on your State residency). By placing an order through the Site, you warrant and represent that you are over eighteen years of age or otherwise legally able to enter into a binding contract, and that you have agreed to become legally obligated to make the purchase. Any purchases made that fail to satisfy one of these conditions shall be considered to have been obtained under fraudulent pretenses.

 

We reserve the right to terminate your access or suspend your right to access to all or part of the Site, without notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law, is in breach of these Terms and Conditions or is harmful to the interests of GA or other users.  In addition, we reserve the right to refuse an order from any customer in our sole discretion.

 

 

The material, information, data, software, text, graphics, photographs, logos, icons, images, design and other material, including the selection and arrangement thereof, (the "Content") are the intellectual property of GA and are protected by, and as, copyrights, trademarks, trade secrets, rights in databases and/or other proprietary rights.  All Content is copyrighted, including as a collective work under the U.S. and foreign copyright laws, and we own all applicable rights arising from, and in, the selection, coordination, arrangement and presentation of the Sites and its Content.  

 

You may not download (other than page caching) or modify the Site or any portion of it without our express, prior written consent.  This includes: a prohibition on any resale or commercial use of the Site or its Content; any collection and use of any product listings, descriptions, or prices; any derivative use or adaptations of the Site or its Content; any downloading or copying of account information for the benefit of any other person; and any use or application of data mining, screen-scraping, robots, or similar data gathering and extraction tools.  No portion of the Site and none of the Content may be reproduced, duplicated, copied, sold, resold, utilized, modified, published, uploaded, downloaded, printed, displayed, posted, transmitted, or distributed or otherwise exploited for any commercial purpose without our express, prior written consent.  Provided, however, that you may download and print portions of the Site in connection with your personal use of our Site, or your purchase, or potential purchase, of products on the Site.  You may not use our name or trademarks without our express, prior written consent. Any unauthorized use of the Site or its Content may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

 

 

 

Our Copyright Agent for Notice of claims of copyright infringement on the Site can be reached by directing an e-mail to the Copyright Agent as follows:

 

By Fax:       +1 (561) 634-2795

 

The Site may contain links to other sites on the Internet that are owned and operated by third parties.  GA does not accept responsibility for the operation, acts or omissions of, or content located on or through, any such site; and does not endorse the persons or companies operating such sites.  GA encourages you to exercise discretion while browsing the Internet using the Site.  The Site may direct you to sites containing information that some people may find offensive or inappropriate.  GA makes no representations concerning any content of sites accessed through the Site, and GA and its licensors shall not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained on other websites accessed through the Site.

 

If you use the Site, you are responsible for restricting access to your computer to maintain the confidentiality of the information that you submit to access the Site, including your account user and password information. You agree to accept responsibility for all activities that occur through the use of your login information and password.

 

After placing an order, you will receive an email from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a product. All orders are subject to acceptance by us. Before your order can be accepted, we must receive payment in whole for the price of the goods together with applicable shipping and other charges as relevant. Once payment has been received by us we will confirm that your order has been accepted by sending an e-mail to you at the e-mail address you provided in the account information you provided to us. Our acceptance of your order creates a legally binding contract between us. Only adults (typically persons 18 years of age or older, depending on your State of residency) are to enter into transactions through the Site. If you do not qualify, do not use this Site.  We reserve the right to cancel your order at any time before we have accepted it and we may rescind our acceptance and cancel your order where there has been an obvious error in price or where the product is no longer in our or our third party fulfillment provider’s inventory.

 

 

The prices payable for all products that you order are as set out in the Site. All of our prices are in US Dollars - any other currency displayed on the site is for comparison only.  You will be billed in US Dollars and if you purchase from outside the US, currency fluctuations and credit card charges may make a difference to the amount actually billed on your credit card. You will generally be required to pay extra for delivery and it might not be possible for us to deliver to some locations. Our delivery charges are set out in the Site. You will be charged for all applicable sales tax in connection with your purchase as required by law.

 

We may from time to time offer promotional discounts which may apply in respect of any, or certain specified, purchases made though the Site.  Such discounts generally only apply to purchases of full-price items and cannot be used in conjunction with any other offer or discount, unless specifically provided in writing on the Site.

 

Prices are subject to change without notice but may not be changed with respect to any confirmed purchase orders except in the case of erroneous information.  While we endeavor to ensure that all information posted on our Site is up to date and accurate, we recognize that there may be circumstances where outdated or erroneous information, including pricing information, may be posted. In such event, we reserve the right to amend the price when the mistaken information comes to our attention.

In the event a product is listed at an incorrect price due to typographical error, or error in pricing information received from our suppliers, or for any other reason, GA shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. Where a product's correct price is less than our stated price, you will be charged the lower amount for the Product. If a product’s correct price is higher than the price stated on our Site, we will normally, at our discretion, either contact you for instructions before dispatching the product, or reject your order and notify you of such rejection.  We are under no obligation to provide the product to you at the incorrect (lower) price, even after we have sent you an Order Confirmation or a Shipping Confirmation. GA shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged.

 

In no event shall GA be liable for any direct, indirect, compensatory, special, incidental, consequential or other alleged damages of any kind arising from the cancellation of your order for the foregoing reasons. If your credit card has already been charged for the purchase and your order is canceled, GA shall issue a credit to your credit card account in the amount of the incorrect price. Any delay in doing so shall not affect GA's right to refuse or cancel the order and requested sale. 

 

There is a possibility that the item(s) that you select for purchase may not be available, despite being listed on our inventory list.  We will notify you as soon as possible if your selection has been sold out. In the event we do not have the item in inventory or can not arrange for supply in the required time frame, GA shall have the right to refuse or cancel the order, whether or not the order has been confirmed and/or your credit card charged and/or you have made a bank transfer to us.  If your credit card has already been charged for the purchase or a bank transfer has been made from you to us and your order is canceled, GA shall issue a credit to your credit card account or return the transferred funds to you in the full amount of the order. Any delay in doing so shall not affect GA's right to refuse or cancel the order and requested sale. You agree that we may rescind our acceptance and cancel your order without penalty if we are unable to ship the product you ordered due to unavailability

 

Gallery Atlantic will not knowingly sell conflict diamonds. We support the Kimberley Process Certification Scheme to help eliminate the sale of conflict diamonds. We purchase the diamonds that we offer for sale, and participate only with vendors who purchase diamonds, from respected suppliers and legitimate sources not involved in funding conflict and who are represented to be in compliance with such procedures. We certify that, to the best of our knowledge and ability, based on representations provided by the suppliers of our diamonds, any diamonds offered for sale on the Site are conflict-free.

 

 

GA accepts payment by Visa, Master Card, American Express and bank transfers. All payments are subject to verification and clearance prior to order confirmation.  You agree that credit cards and debit cards may be charged on the date of your online order, not the date of shipping. GA may amend the above payment options from time to time.

 

 

Upon receipt of your order, credit approval and our confirmation of your order, GA will insure and ship your purchased item(s). Unless otherwise stated, in addition to the purchase price for products, you will be charged shipping, insurance and handling charges, all of which will be reflected on your invoice. We endeavor to process all orders immediately and to ship them within 7 business days from order confirmation. In some cases, delivery of orders may be more than 7 business days from order confirmation. You will receive a shipping confirmation providing you the confidence that your purchased item(s) is on its way.

 

We will deliver the goods ordered by you to the address you provide us for delivery at the time you make your order. It is your responsibility to ensure that the delivery address you provide to us is correct and accurate. The party designated in your purchase order to receive delivery of the product must sign for and take delivery of the goods from the delivery service used. We require a physical U.S. address for all shipments.  Post Office Box (POB), Army Post Office (APO) and Fleet Post Office (FPO) addresses will not be accepted.  Customers with POB, APO or FPO addresses will need to arrange for delivery to an alternate physical U.S. address and provide that address to us. We currently do not ship to addresses outside of the continental United States, including Alaska and Hawaii.

 

You will become the owner of the products you have ordered when they have been dispatched to you.  Once goods have been delivered to you they will be held at your own risk and we will not be liable for their loss or destruction.

 

If your order is returned to us because the courier or postal service could not complete the delivery to you for whatever reason, then you will be responsible for all repeat delivery costs.

 

 

 

All of the products sold on the Site or by or on behalf of Gallery Atlantic are guaranteed against defects in materials and workmanship for 14 days from the date of receipt by you.

 

EXCEPT AS EXPRESSLY STATED HEREIN, GALLERY ATLANTIC MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS SOLD ON OR THROUGH THE SITE.  EXCEPT AS EXPRESSLY STATED HEREIN, GALLERY ATLANTIC EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS SOLD ON OR THROUGH THE SITE, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE.

 

THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO GALLERY ATLANTIC ARISING FROM ANY PRODUCT SOLD ON OR THROUGH THE SITE SHALL BE TO REFUND PURCHASE PRICE OF THE PRODUCT ORDERED. IN NO EVENT SHALL GALLERY ATLANTIC, ITS AFFILIATES, SUBSIDIARIES AND RELATED ENTITIES, DIRECTORS, OFFICERS, EMPLOYEES OR REPRESENTATIVES BE LIABLE FOR DIRECT, INDIRECT, COMPENSATORY, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES RELATED TO PRODUCTS SOLD.  BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

 

 

THE SITE IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS.  GA MAKES NO WARRANTY THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU EXPRESSLY AGREE THAT YOUR ACCESS TO, VIEWING OF, BROWSING, VISITING OR USE OF THE SITE IS AT YOUR SOLE RISK. THE INFORMATION AND PRODUCTS CONTAINED OR REFERRED TO ON THE SITE MAY BE OUT-OF-DATE OR INCLUDE OMISSIONS, INACCURACIES, OR OTHER ERRORS. GA MAKES NO WARRANTY AS TO THE ACCURACY, INTEGRITY, OR COMPLETENESS OF THE SITE CONTENT, THE PRODUCTS OR SERVICES OFFERED FOR SALE ON THE SITE OR THAT SITE CONTENT IS APPLICABLE OR APPROPRIATE FOR USE IN LOCATIONS OUTSIDE OF THE UNITED STATES.  GALLERY ATLANTIC MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THE SITE, ITS OPERATION, CONTENTS, INFORMATION, AND MATERIALS. GA EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THE SITE OR ITS USE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE.

 

IN NO EVENT SHALL GALLERY ATLANTIC, ITS AFFILIATES, SUBSIDIARIES AND RELATED ENTITIES, DIRECTORS, OFFICERS, EMPLOYEES OR OTHER REPRESENTATIVES (THE "GA PARTIES") BE LIABLE FOR DAMAGES ARISING FROM THE OPERATION, CONTENT OR USE OF THE SITE. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY GA OR ITS ASSOCIATES SHALL CREATE A WARRANTY. UNDER NO CIRCUMSTANCES SHALL ANY OF THE GA PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SITE, INCLUDING BUT NOT LIMITED TO RELIANCE BY A USER ON ANY INFORMATION OBTAINED AT THE SITE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO GA OR THE SITE OR GA'S RECORDS, PROGRAMS OR SERVICES. THIS LIMITATION OF LIABILITY IS COMPREHENSIVE AND APPLIES TO ACTIONS AT LAW OR EQUITY, INCLUDING BUT NOT LIMITED TO CONTRACT, NEGLIGENCE, OR OTHER TORTUOUS ACTION, AND TO ALL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, COMPENSATORY, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.  

 

 

All matters relating to your access to, use of, or orders placed through the Site shall be governed by the laws of the State of New York.  All proceedings shall take place in the State of New York.