Terms And Conditions


Welcome to GalaBrands.com - the website (the “Site”) of Westmarket LLC ("Westmarket"). GalaBrands.com provides its services to you subject to the notices, terms, and conditions set forth in this agreement (the "Agreement"). In addition, when you use any GalaBrands.com service (e.g., Customer Reviews), you will be subject to the guidelines, rules, policies, terms, and conditions applicable to such service, and they are incorporated into this Agreement by this reference. Westmarket reserves the right to change this Site and these terms and conditions at any time. ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS IN THIS AGREEMENT, SO PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PROCEEDING.

Privacy

Please review our Privacy Policy, which also governs your visit to GalaBrands.com, to understand our practices.

Electronic Communications

When you visit GalaBrands.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Copyright

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, data compilations, and software, is the property of Westmarket or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Westmarket and protected by U.S. and international copyright laws. All software used on this site is the property of Westmarket or its software suppliers and protected by United States and international copyright laws.

Trademarks

WESTMARKET, GALABRANDS.COM, and other GalaBrands.com graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of Westmarket in the U.S. and/or other countries. Westmarket's trademarks and trade dress may not be used in connection with any product or service that is not Westmarket's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Westmarket. All other trademarks not owned by Westmarket that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Westmarket.

License And Site Access

Westmarket grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Westmarket. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Westmarket. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Westmarket without express written consent. You may not use any meta tags or any other "hidden text" utilizing Westmarket's name or trademarks without the express written consent of Westmarket. Any unauthorized use terminates the permission or license granted by Westmarket. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of GalaBrands.com so long as the link does not portray Westmarket, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Westmarket logo or other proprietary graphic or trademark as part of the link without express written permission.

Your Account

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you can not use GalaBrands.com. Westmarket reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

Reviews, Comments, Communications, And Other Content

Visitors may post reviews, comments, photos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Westmarket reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant Westmarket a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Westmarket and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Westmarket for all claims resulting from content you supply. Westmarket has the right but not the obligation to monitor and edit or remove any activity or content. Westmarket takes no responsibility and assumes no liability for any content posted by you or any third party.

Copyright Complaints

Westmarket respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Westmarket’s Copyright Agent the written information specified below. Please note that this procedure is exclusively for notifying Westmarket LLC and its affiliates that your copyrighted material has been infringed.
A description of the copyrighted work that you claim has been infringed upon;
A description of where the material that you claim is infringing is located on the site;
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
Your address, telephone number, and e-mail address;
A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Westmarket’s Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows:

Westmarket LLC
Legal Department Copyright Agent
1215 Valley Belt Rd Ste C
Brooklyn Hts, OH 44131

Product Descriptions

Westmarket attempts to be as accurate as possible. However, Westmarket does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Westmarket is not as described, your sole remedy is to return it in unused condition.

Conditions Of Sale And Payment Terms

To purchase any goods and/or services on our Site, you must be at least eighteen (18) years of age. Prior to the purchase of any goods or services on our Site, you must provide us with a valid credit card number and associated payment information including all of the following: (i) your name as it appears on the card, (ii) your credit card number, (iii) the credit card type, (iv) the date of expiration and (v) any activation numbers or codes needed to charge your card. By submitting that information to us, you hereby agree that you authorize us to charge your card at our convenience but within thirty (30) days of credit card authorization. All sales of products and services are final. All charges from those sales are nonrefundable.

Methods Of Payment, Credit Card Terms And Taxes

All payments must be made by VISA, MasterCard, American Express, Discover Network, personal check or Money Order. Unless expressly set forth on the GalaBrands.com, we do not accept any other payment form. If we offer or accept any other form of payment, you hereby agree to all restrictions, terms and conditions associated with such additional form of payment. Your card issuer agreement governs your use of your designated card, and you must refer to that agreement and not this terms and conditions to determine your rights and liabilities as a cardholder. You, and not Westmarket, are responsible for paying any unauthorized amounts billed to your credit card by a third party. You agree to pay all fees and charges incurred in connection with your purchases (including any applicable taxes) at the rates in effect when the charges were incurred. Unless you notify Westmarket of any discrepancies within sixty (60) days after they first appear on your credit card statement, you agree that they will be deemed accepted by you for all purposes. If Westmarket does not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by Westmarket or its agents. You are responsible for paying any governmental taxes imposed on your purchases, including, but not limited to, sales, use or value-added taxes. GalaBrand.com shall automatically charge and withhold the applicable sales tax for orders to be delivered to addresses within Ohio and any other states or localities where it is required.

Order Acceptance Policy

Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Westmarket reserves the right at any time after receipt of your order to accept or decline your order for any reason. Westmarket further reserves the right any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. Your order will be deemed accepted by Westmarket upon shipment of products or performance of services that you have ordered. All orders placed over $1000.00 (U.S.) must obtain pre-approval with an acceptable method of payment, as established by our credit and fraud avoidance department. We may require additional verifications or information before accepting any order.

Pricing

Except where noted otherwise, the List Price displayed for products on our website represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. The List Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. For certain items that are offered as a set, the List Price may represent "open-stock" prices, which means the aggregate of the manufacturer's estimated or suggested retail price for each of the items included in the set. Westmarket reserves the right, at any time, to change its prices and billing methods for products or services sold, effective immediately upon posting on the site or by e-mail delivery to you. We cannot confirm the price of an item until you order; however, we do NOT charge your credit card until after your order has entered the processing. In the event a product is listed at an incorrect price Westmarket shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. Westmarket shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Westmarket shall immediately issue a credit to your credit card account in the amount of the charge.

Risk Of Loss

All items purchased from Westmarket are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

Disclaimer Of Warranties And Limitation Of Liability

THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY WESTMARKET ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. WESTMARKET MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WESTMARKET DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WESTMARKET DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR E-MAIL SENT FROM WESTMARKET ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WESTMARKET WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Applicable Law

By visiting GalaBrands.com, you agree that the laws of the state of Ohio, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between you and Westmarket.

Disputes

Any dispute relating in any way to your visit to GalaBrands.com or to products or services sold or distributed by Westmarket or through GalaBrands.com in which the aggregate total claim for relief sought on behalf of one or more parties exceeds $1,000 shall be adjudicated in any state or federal court in Cuyahoga County, Ohio, and you consent to exclusive jurisdiction and venue in such courts.

Site Policies, Modification, And Severability

Please review our other policies posted on this site. These policies also govern your visit to GalaBrands.com. We reserve the right to make changes to our site, policies, and these Terms and Conditions at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

Our Address

Westmarket LLC
1215 Valley Belt Rd Ste C
Brooklyn Hts, OH 44131