Terms of Use

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.



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.

Any new features or tools which are added to the current Site and/or any Service shall be also subject to the Terms of Use. You can review the most current version of the Terms of Use at any time at: www.NewYorkMakers.com. NYM reserves the right to update and change the Terms of Use by posting updates and changes to the NYM website. You are advised to check the Terms of Use from time to time for any updates or changes that may impact you.

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.

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.


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.


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)

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 Use Cookies?

Yes. Cookies are small files that a site or its service provider transfers to your computer’s hard drive through your Web browser (if you allow) that enables the sites or service providers systems to recognize your browser and capture and remember certain information. We use cookies to help us remember and process the items in your shopping cart and compile aggregate data about Site traffic and Site interaction so that we can offer better Site experiences and tools in the future. We may contract with third-party service providers to assist us in better understanding our Site visitors. These service providers are not permitted to use the information collected on our behalf except to help us conduct and improve our business.

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.

Online Privacy Policy Only

This online privacy policy applies only to information collected through our ite and not to information collected offline.

Your Consent

By using our Site and/or Services, you consent to our Site privacy policy.

Changes To Our Privacy Policy

If we decide to change our Terms of Use or privacy policy, we will post those changes on this page.

Contacting Us

If there are any questions regarding this privacy policy you may contact us at our website address.


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.

Compliance: You agree to comply with all local laws regarding online conduct and acceptable content. You are responsible for all applicable taxes. In addition, you must abide by NYM's policies as stated in these Terms of Use as well as all other operating rules, policies and procedures that may be published from time to time on the Site by NYM, each of which is incorporated herein by reference and each of which may be updated by NYM from time to time without notice to you:

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.


You must read, agree with and accept all of the terms and conditions contained in this User Agreement and the Privacy Policy before you may become a user of, or contribute Content to, the NYM Site or any Service.

Effective Date: October 1, 2013; Updated: September 5, 2018