Trading Terms for GalaDirect

The following payment methods are accepted:

·       Bank transfer (T/T) (details provided in order confirmation) *preferred

·       PayPal

Payment in full is required to confirm orders and before any shipment occurs.

Where an item has to be produced payment for the item is required to confirm the order, shipping costs need to be paid in full prior to shipment.

To avoid fraudulent transactions we may request further proof of identity and/or documents to authenticate the transaction prior to confirming the order. If requested proof is not provided we reserve the right to cancel or terminate any order or transaction.

We reserve the right to reject any payment made via credit card or PayPal and to request payment via bank transfer (T/T) for any order or transaction, in which event we shall refund to you (without interest) the payment you have made via the original payment method.

Transfer of Risk & Title

Following acceptance by us of your order for any product, all title and risk (including but not limited to the risk of loss or damage) in respect of such product shall pass to you immediately upon the handing over of such product to the shipper or shipping agent or carrier (whoever first received such product) for shipment to you.

Shipping & Handling

Destinations: We ship to virtually all countries. There are some restrictions applicable to some products and some products cannot be shipped to certain destinations. If we are unable to ship your product, we shall contact you.

Costs: The shipping charges quoted represent actual rates and are subject to constant change to rates and surcharges. If an order is not confirmed within 7 days of our quotation date, then the freight charges are subject to change.

In this event we will inform you of any additional charges and await your confirmation prior to processing your order or transaction.

Seafreight is quoted to your stipulated port all local charges, duties and taxes (if any) are your responsibility on arrival.

Air Services are normally quoted to your door, duties and taxes & other local charges (if any) are your responsibility.

Our shipping quotes will include all costs to deliver goods to the nearest shipping terminal and all necessary documentation.

Shipping Availability Date

For items in stock, they shall be available for shipping within three (7) business days after payment has cleared and been received by us in full.

For items to be manufactured, we shall notify you of the expected product availability date.

You shall receive a shipping confirmation via e-mail once the products are shipped.

* Note, that any shipping availability or delivery dates, times or periods quoted or communicated to you in any form or manner, are merely estimates and are not guaranteed, and may be subject to delays for a variety of reasons outside our control.

Insurance:

As between you and us (or the product manufacturer or supplier), all risks of loss of, and damage to your purchased product(s) during the transportation process shall be borne solely and exclusively by you. Please note that, under applicable laws and/or international treaties, the liability of carriers, shippers, shipping agents and/or other relevant parties for any loss of or damage to product(s) handled by them may be excluded, fixed or limited. Accordingly, for all shipments, we recommend that you purchase appropriate, relevant and adequate insurance to cover against the risk of loss and damage during the transportation process. Please contact Customer Services to inquire about insurance rates for your order.

All items are carefully packed and addressed for export. Deliveries shall generally include customary one-way standard export packaging. (If, as an exception, we assume the packaging costs, then such costs shall be calculated on the basis of verifiable net costs.) However, should items become damaged or lost while in transit to you, we shall not be responsible or liable.

In the event that you purchase insurance, such insurance shall be upon and subject to the terms and conditions offered by the underwriter by whom such insurance is effected; provided however that the limit of the coverage provided by such insurance shall not be more than the invoice value of the items.

In the event that you purchase insurance and you are required to file a claim for any loss of or damage to your product under such insurance through us, please contact Customer Services to initiate the claim. We shall then refund the cost or replace the item, but only if and after confirmation has been received from the insurance company regarding acceptance of the claim and payment of the compensation.

 

Duties & Taxes

Most products are subject to the payment of import duties or other duties, and other charges including value-added tax (VAT) or other taxes and clearance charges. If these are applicable, they will be levied and determined when the shipment is processed by the applicable customs agency in your country. Please check your country's import policy to understand and ascertain the applicability of and your liability for any such duties or taxes for the products you purchase.

All applicable duties and taxes, if any, are not included in the purchase price of your order or transaction. If they apply and are levied, then they are your (and not our or the product manufacturer's or supplier's) sole and exclusive responsibility, and shall be paid by you directly to your government or to the courier company, when the products are delivered.

Payment of the above-referred duties, charges and taxes are not our responsibility.

We shall not be responsible for any shipping or customs delay since this is outside our control.

Certifications

Each country may have its own certification requirements for certain products. We do not make any representation or warranty whatsoever that any product presented in this website meets or complies with any such certification requirements. It is your own responsibility to ensure that individual products meet and comply with the certification requirements of your country before you purchase the product. If you have a specific question about a product, please contact us directly. However, please note that, notwithstanding any information or advice that our Customer Services may provide to you, we shall not be liable whatsoever for any failure or inability of a product to meet or comply with applicable certification requirements.

Product Availability

Occasionally products presented in this website are or may become unavailable, or may be available but only in lesser or limited quantities, or may be or become subject to shipping availability or delivery delays.

In such circumstances, we shall notify you of your options available at that time.

If (in our sole and absolute discretion) it appears that no such option is reasonably or commercially feasible, appropriate or available, or that no such option can or is likely to be agreed upon by the parties, then we shall have the right to reject, cancel or terminate your order or transaction. In such event, we shall refund to you (without interest) any payment made and which we have received for such order or transaction. Such refund shall constitute our sole and exclusive liability, and your sole and exclusive remedy, in respect of any non- or limited availability of products or any shipping availability or delivery delays (as the case may be), and the resulting rejection, cancellation or termination.

Return Policy

We do not accept returns without prior authorization.

You may return new, unopened items for store credit, less a twenty per cent (20%) restocking fee, within 7 calendar days of delivery. All returned products must be unused and in their original packaging with all included accessories intact, and must be accompanied by a copy of the Return Merchandise Authorization (RMA) issued by us, and sent to the address indicated in the Return Merchandise Authorization.

You shall be responsible for all shipping, insurance, and handling charges (where applicable) when returning the items to us for exchange or credit. Shipping and handling fees shall not be credited.

Defective items will credited for other store purchases if you report the problems within 7 calendar days of delivery. We will not send replacements.

In all instances please contact us with any issues.

 

Applicability

Any and all orders and transactions made or processed through this website are subject to, and shall constitute acceptance of and agreement to GalaDirect.com’s Terms & Conditions, as amended and/or supplemented by any other product-specific Additional Terms & Conditions, if applicable     

We may amend these GalaDirect.com Terms & Conditions at any time, by posting the amended version on this website. Such amended version shall automatically be effective upon its posting on this website.

 

Disclaimers

Please note that we are not the actual manufacturer and/or the original supplier of any of the products presented in this website. These products have been placed with us merely on a consignment basis by, or have been procured by us from, the actual manufacturer(s) and/or original supplier(s) thereof.

Accordingly, except as otherwise expressly provided in these GalaDirect.com’s Terms & Conditions or in the applicable Additional Terms & Conditions (if any):

1. we do not make any representation or warranty whatsoever (whether express or implied) in respect of any of the products presented in this website, including (but not limited to) any representation or warranty as to use, operation, condition, quality, merchantability, suitability, fitness for any purpose, non-infringement of any intellectual property or other rights, or compliance with or non-violation of any law or regulation; and

2. we expressly disclaim, do not assume and shall have no responsibility or liability whatsoever in respect of, or arising from or in connection with, or in any way relating to or associated with, any of the products presented in this website or the advertising, offering, sale, delivery, export or import thereof, including but not limited to any responsibility or liability for any compensatory, direct, indirect, incidental, special or consequential loss or damage; or any loss of data, business, opportunity, income, revenue or profit; or any loss of or damage to property; or any claim of or by any third party.

Without affecting the generality of the above disclaimers and exclusions, please note in particular that, as we are not the actual manufacturer and/or original supplier of the products presented in this website, we are unable to and do not warrant the legitimate or authentic intellectual property status of such products, and we cannot and shall not be responsible or liable in the event of any intellectual property infringement claims, actions or consequences arising from or in connection with such products or the sale or use (in commerce or otherwise) thereof.

We shall not be liable for any delay, breach or failure of performance due to, or arising from or in connection with, any cause, reason or event beyond our reasonable control, for example (but not limited to) any act of God; any fire, flood, explosion, storm, typhoon, hurricane, earthquake, tsunami or disaster; any theft, robbery or vandalism; any disease outbreak or epidemic or quarantine restriction; any notice, order, direction, instruction, request, requirement, act or omission of any governmental, regulatory, legislative, executive, judicial, civil or military authority, agency or body (including any customs authority); any national emergency, insurrection, riot, civil commotion, war or warlike operation; any act of terrorism; any strike, lockout, work stoppage or labour dispute, trouble or difficulty; any delay in shipping or transportation; any manufacturer, supplier or product unavailability or shortage; or any breach, delay, fault, act or omission of any product manufacturer or supplier, or any of our service providers (including our warehousing, logistics, shipping or delivery service providers), or any other third party.

If any disclaimer or exclusion herein is not permissible under any applicable law, then we shall only be liable to pay to you the lower of either one of the following (and not both): (i) a refund (without interest) of any payment actually remitted to and received by us for the product concerned; or (ii) a compensation for the amount of any actual direct damage or loss proven by you (as substantiated by evidence and documents reasonably acceptable to us), up to a maximum amount not exceeding in the aggregate the total purchase price for the product concerned. Under no circumstances whatsoever shall our liability to you, whether in contract or in tort (including negligence) or under any other theory, ground or cause of action, exceed in the aggregate a maximum amount equal to the total purchase price for the product concerned.

 

Buyer's Warranties & Indemnities

 

You hereby represent and warrant that you have all lawful rights (including but not limited to any and all applicable governmental or regulatory permits, consents, approvals or licences) necessary to place your order or to transact for, to purchase and pay for, to import and take delivery of, and to use (in commerce or otherwise) or further transact in, the product(s) concerned and to perform all of your associated obligations, activities and transactions, and that such ordering, transaction, purchase, payment, importation, taking of delivery, use (in commerce or otherwise), further transaction and/or performance do not and shall not infringe any right (including but not limited to any intellectual property rights) of any person or entity or violate any applicable law or regulation.

You agree to indemnify, defend and hold harmless us (and our parents, subsidiaries and affiliates) and any of our (or their) directors, officers, employees, agents, representatives, contractors and product or service suppliers, from and against any and all claims, losses, damages, liabilities, suits, actions, proceedings, judgments, fines, penalties, costs and expenses (including legal fees and disbursements on a full indemnity basis) arising from or in connection with any breach of any of your representations, warranties, undertakings, agreements and/or obligations hereunder.

 

Co-operation in Legal or Regulatory Proceedings

 

You expressly agree that (i) you shall upon our request furnish us with copies of any notices and/or other documents from each applicable customs agency and/or other governmental or regulatory authorities and/or customs brokers, relating to the shipments and/or products concerned; (ii) we are hereby authorized by you to request for, procure and obtain any notices, information and/or documents directly from each applicable customs agency and/or other governmental or regulatory authorities and/or customs brokers, relating to the shipments and/or products concerned; and (iii) you shall provide us (upon reasonable notice) with any and all relevant information and documents requested by us, and shall co-operate reasonably with us, in connection with or for the purposes of our investigating, responding to and/or dealing with any applicable customs agency and/or regulatory enquiries, investigations, seizures and/or actions, and/or any other legal or regulatory proceedings, relating to the shipments and/or products concerned.

 

Other Terms & Conditions

 

We shall do our best to provide timely and helpful customer support to all interested buyers. If you find problems with our service, please contact us at Customer Services and we shall try to resolve any problem as quickly as possible.

We reserve the right to reject, cancel or terminate any order or transaction without any reason or cause, in which case we shall refund to you (without interest) any payment you may already have made for such order or transaction. Such refund so made shall constitute our sole and exclusive liability, and your sole and exclusive remedy, in respect of such rejection, cancellation or termination.

We reserve the right to modify our shipping and handling terms, return policy, and any other terms and conditions of these GalaDirect.com Terms & Conditions or any applicable Additional Terms & Conditions, with or without any prior notice.

These GalaDirect.com Terms & Conditions shall be construed in accordance with and governed in all respects by the laws of the Hong Kong Special Administrative Region. In the event of any claim or dispute arising from or in connection with these GalaDirect.com Terms & Conditions, you hereby agree to submit to the non-exclusive jurisdiction of the courts of the Hong Kong Special Administrative Region and/or such other courts of competent jurisdiction as we may in our sole and absolute discretion deem fit, with respect to such claim or dispute.