Most orders, particularly custom or made-to-order items, are FINAL SALE and non-returnable. If the item is returnable, it will be indicated within the product description.
If you have a concern, please email us at: Marketplace@NewYorkMakers.com.
BY USING THE WEBSITE AND SERVICES, YOU ARE AGREEING TO BE BOUND BY THIS AGREEMENT WHICH SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE WEBSITE AT WWW.NEWYORKMAKERS.COM (THE "SITE") AND ANY AND ALL SERVICES PROVIDED BY NYM ON THE SITE (“SERVICE” or SERVICES”).
This Agreement applies to all users of the Site, including without limitation users who are customers, merchants, contributors of content, information, and other materials or services on the Site.
1. New York Makers Site and Services Membership Eligibility and Usage Compliance Terms
You represent and warrant that you are at least 18 years old, able to form legally binding contracts under applicable law to use the Site and/or any Service and that all registration information you submit, whether to post comments or to make purchases through the NYM Marketplace, is accurate and truthful.
- Individuals under the age of 18 must at all times use the Site and/or any Service only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age. In all cases, the adult is the user and is responsible for any and all activities.
- NYM may, at its sole discretion, refuse to offer access to or use of the Site and Services to any person or entity, and may change its eligibility criteria at any time.
- If you elect to create a NYM Marketplace Account, you must provide your full legal name, current shipping, billing and email addresses, and any other information needed in order to complete the signup process. You are responsible for keeping your password to your NYM Marketplace account secure. NYM cannot and will not be liable for any loss or damage from your failure to maintain the security of your account and password.
- You may not use the NYM Site or Service for any illegal or unauthorized purpose nor may you, in the use of a Service, violate any laws in your jurisdiction (including but not limited to copyright laws and laws regarding online conduct and acceptable content).
- You are responsible for all activity and content (data, graphics, photos, links) posted to NYM under your name and/or account.
- You are responsible for all applicable taxes on purchases you make through the NYM Marketplace. If you are shipping your purchases to a New York State address, NYM will automatically collect these taxes at the point of purchase.
- You must not transmit any worms or viruses or any code of a destructive nature, and you will not post “spam” in public NYM forums.
- A breach or violation of any of the Account Terms as determined in the sole discretion of NYM will result in an immediate suspension and possible termination of your services.
2. New York Makers MARKETPLACE Membership Eligibility and Usage Compliance Terms
The New York Makers Marketplace allows users who comply with NYM's policies to buy select goods within a fixed-price format. NYM encourages, but does not require, Customers to create a User Account. However, at the time of purchase Customers will be REQUIRED to provide your full legal name, current shipping, billing and email addresses, accurate payment information, and any other information NYM may need, and to keep that information updated with each subsequent purchase.
NYM sells the merchandise of many Merchants who operate small businesses. As a result, order fulfillment will vary from Merchant to Merchant, despite NYM’s aim to keep the shopping experience consistent across the Marketplace. The Merchants ship their products directly to the Customer, and as a result, NYM has no control over the quality of the delivery of the items listed, unless it is Merchant with respect to a particular product.
When purchasing from the NYM Marketplace, a transaction is created when a buyer has completed the Checkout process on the NYM Marketplace. Both the buyer and the seller are sent an email from NYM about the order. The Customer is required to pay at the time the transaction is made, and a transaction is considered complete after the Customer has submitted payment and the Merchant has shipped the item to the shipping address listed by the Customer.
Unless otherwise noted in the Merchant’s product listing, all purchases are expected to ship within three (3) business days of receipt of payment. Shipping fees ARE NOT REFUNDABLE under any circumstance. NYM does accept inquiries of international shipping rates and/or shipping rates to locations outside of the continental United States.
The Merchant will be required to submit to NYM an anticipated shipping timeframe, which NYM will email to the email address provided by the Customer. In the event that this timeframe changes, the Merchant will be required to notify NYM, and NYM will notify the Customer.
If a Merchant cannot fulfill a sale, NYM will notify the Customer and issue a refund for that product (including sales tax and shipping costs). NYM does not transfer legal ownership of items from the seller to the buyer. NYM refers the right to refuse service to a Customer.
Only the Merchant in a transaction may cancel that transaction. The Customer should contact NYM at Marketplace@NewYorkMakers.com to request cancellation of a transaction.
Custom orders maybe be available from time to time, and will be listed on the NYM Marketplace with a set price. The Merchant may use photographs of previously customized work to display options for the product; given the nature of customization the Customer’s product will vary somewhat from these images. The Customer first must make the purchase on the NYM Marketplace in order for the customized item to be created by the Merchant. In the event that a Merchant requires the Customer to provide materials for customization (e.g. family photographs), the Customer does so at their own risk.
RETURN AND EXCHANGE POLICY
Each Merchant has their own specific policies and limitations for product returns (many items are FINAL SALE and CANNOT BE RETURNED OR EXCHANGED), exchanges, customized orders, development timelines and extended shipping timelines. The Customer is responsible for reading each product description carefully before the point of purchase to ensure an understanding of each purchase policy. Unless otherwise stated in the product information listing, returns will only be accepted if the Customer notifies NYM at Marketplace@NewYorkMakers.com of their intent to return WITHIN SEVEN (7) DAYS OF THE DELIVERY CONFIRMATION DATE. CUSTOMERS ARE REQUIRED TO PROVIDE THEIR CONTACT INFORMATION AND THEIR PURCHASE CONFIRMATION INFORMATION. A full return of the purchase price, EXCLUDING SHIPPING, and including taxes, will be made when the Merchant notifies NYM that the product has been received in the same condition in which it was shipped. There are no refunds on items damaged in shipping. In that case, you must file a claim with the carrier.
- All packages are to be fully insured. You must notify us of any return so that we will be expecting your package. Returns that are sent without our prior knowledge will be refused.
- We do not refund shipping costs or credit card fees. They will be deducted from the total amount of your refund.
PRIVACY AND SECURITY
What Information Do We Collect?
We collect information from you when you register on our Site, place an order or subscribe to our newsletter. When ordering or registering on our Site, as appropriate, you may be asked to enter your name, e-mail address, mailing address, phone number, or credit card information. You may, however, visit our Site anonymously.
What Do We Use Your Information For?
Any of the information we collect from you may be used in one of the following ways:
To personalize your experience (your information helps us to better respond to your individual needs)
- To process transactions.
- Your information, whether public or private, will not be sold, exchanged, transferred, or given to any other company for any reason whatsoever, without your consent, other than for the express purpose of delivering the purchased product or any Service requested.
- To administer a contest, promotion, survey or other Site or Service feature
- To send periodic emails
- The email address you provide for order processing, will only be used to send you information and updates pertaining to your order.
How Do We Protect Your Information?
We implement a variety of security measures to maintain the safety of your personal information when you place an order or enter, submit, or access your personal information. We offer the use of a secure server. All supplied sensitive/credit information is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our Payment gateway providers database only to be accessible by those authorized with special access rights to such systems, and are required to keep the information confidential. After a transaction, your private information (credit cards, social security numbers, and/or financials) will not be stored on our servers.
Do We Disclose Any Information To Outside Parties?
We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information. This does not include trusted third parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.
Third Party Links
Occasionally, at our discretion, we may include or offer third party products or services on our website. These third party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our Site and welcome any feedback about these sites.
Children’s Online Privacy Protection Act Compliance
We are in compliance with the requirements of COPPA (Children’s Online Privacy Protection Act). We do not collect any information from anyone under 13 years of age. Our website, products and services are all directed to people who are at least 13 years old or older.
Age: NYM's services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. You represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful. NYM may, in its sole discretion, refuse to offer access to or use of the Site or Services to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Site is revoked in such jurisdictions.
Account Information: You must keep your account information up-to-date and accurate at all times, including a valid email address. To sell items on NYM you must provide and maintain valid payment information such as valid credit card information or a valid PayPal account.
Idea Submissions: NYM considers any unsolicited suggestions, ideas, proposals or other material submitted to it by users via the Site or otherwise (collectively, the "Material") to be non-confidential and non-proprietary, and NYM shall not be liable for the disclosure or use of such Material. If, at NYM's request, any user sends Material to improve the Site (for example to customer support), NYM will also consider that Material to be non-confidential and non-proprietary and NYM will not be liable for use or disclosure of the Material. Any communication by you to NYM is subject to this Agreement. You hereby grant and agree to grant NYM, under all of your rights in the Material, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sublicensable and transferable right and license to incorporate, use, publish and exploit such Material for any purpose whatsoever, commercial or otherwise, including but not limited to incorporating it in the API, documentation, or any product or service, without compensation or accounting to you and without further recourse by you.
Content: NYM does not control the content provided by users (“Content”) that is made available on NYM. You may find some Content to be offensive, harmful, inaccurate, or deceptive. There are also risks of dealing with underage persons or people acting under false pretense.
Other Resources: NYM is not responsible for the availability of outside websites or resources linked to, or referenced on, the Site. NYM does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that NYM shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resources.
Notices: Except as explicitly stated otherwise, any notices shall be given by postal mail to New York Makers; Attn: Legal Department; 985 Fifth Avenue, #8B, New York, NY 10075, in the case of NYM) or, in your case, to the email address you provide to NYM (either during the registration process or when your email address changes). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, NYM may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to NYM. In such case, notice shall be deemed given three days after the date of mailing.
- We reserve the right to modify or terminate a Site and/or Service for any reason, without notice at any time.
- We reserve the right to refuse service to anyone for any reason at any time.
- Your use of the Site and/or any Service is at your sole risk. The Site and/or any Service is provided on an ”as is“ and ”as available“ basis without any warranty or condition, express, implied or statutory.
- NYM does not warrant that the Site or any Service will be uninterrupted, timely, secure, or error-free.
- NYM does not warrant that the results that may be obtained from the use of the Site or any Service will be accurate or reliable.
- You understand that your Content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit Card information is always encrypted during transfer over networks.
- NYM does not warrant that the quality of any products, services, information, or other material purchased or obtained by you through the Site or any Service will meet your expectations, or that any errors in the Site or Service will be corrected.
- You expressly understand and agree that NYM shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the Site or Service.
- Technical support is only provided to paying account holders and is only available via email.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Site or any Service, use of the Site or any Service, or access to the Site or any Service without the express written permission of NYM.
- Verbal or written abuse of any kind (including threats of abuse or retribution) of any NYM customer, NYM employee, member, or officer will result in immediate account termination.
- We do not claim any intellectual property rights over the Material you provide to the Site and/or any Site service. All material you upload remains yours. You can delete your account at any time.
- By uploading images and item description Content to NewYorkMakers.com, you agree to allow other internet users to view them and you agree to allow NYM to display and store them and you agree that NYM can, at any time, review all the Content submitted by you to its Service.
- You retain ownership over all content that you submit to a NYM store however, by making your store public, you agree to allow others to view your content.
- NYM does not pre-screen Content and it is in its sole discretion to refuse or remove any Content that is available via the Site or any Service.
Effective Date: October 1, 2013; Updated: September 5, 2018