Introduction
Welcome to the Artisan NY® website and online store!
These Terms and Conditions outline the rules and regulations for the use of Artisan NY’s Website and Online Store.
By accessing this website and placing an order, you agree to be bound by these terms and conditions. If you do not agree with all of these terms and conditions, you may not place an order or use this website.
Intellectual Property
The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Website and Online Store are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any part of the Website and Online Store, except as allowed by Section 4 of these Terms and Conditions, is strictly prohibited.
You do not acquire ownership rights to any content, document or other materials viewed through the Website or Online Store. The posting of information or materials on the Website or Online Store does not constitute a waiver of any right in such information and materials. Some of the content on the site is the copyrighted work of third parties.
Service Marks
“Artisan NY”, the Artisan NY logo and any other product or service name or slogan contained on the Website or Online Store are trademarks of Artisan NY and its affiliates and may not be copied, imitated or used, in whole or in part, without the prior written permission of Artisan NY.
You may not use any metatags or other “hidden text” utilizing “Artisan NY” or any other name, trademark or product or service name of Artisan NY or its affiliates without our prior written permission. In addition, the look and feel of the Website and Online Store, including, without limitation, all page headers, custom graphics, button icons and scripts, constitute the service mark, trademark or trade dress of Artisan NY and may not be copied, imitated or used, in whole or in part, without our prior written permission.
All other trademarks, registered trademarks, product names and logos mentioned on the Website or Online Store are the property of their respective owners and may not be copied, imitated or used, in whole or in part, without the permission of the applicable trademark holder. Reference to any products, services, processes or other information by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by Artisan NY.
Accuracy of Information
We attempt to ensure that information on the Website and Online Store is complete, accurate and current. Despite our efforts, the information on the Website and Online Store may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currentness of any information on the Website or Online Store. For example, products included on the Website and Online Store may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on the Website or Online Store. In addition, we may make changes in information about price and availability without notice. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order.
Use of Website and Online Store
The Website and Online Store are available for your personal use and shopping enjoyment. You may download material displayed on the Website or Online Store for non-commercial, personal use only, provided you also retain all copyright and other proprietary notices contained on the materials. You may not, however, distribute, modify, transmit, reuse, repost, or use the content of the Website or Online Store for public or commercial purposes, including the text, images, audio, and video, without our written permission.
You must not access or use the Website or Online Store in any way that could or is intended to damage or impair the Website or Online Store, or any server or network underlying the Website or Online Store, or interfere with anyone else’s use and enjoyment of the Website or Online Store.
You must not attempt to gain unauthorized access to any materials or information through hacking, password mining or any other means.
You must not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Website or Online Store.
Except as otherwise expressly granted to you in writing, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works from, transmit, or in any way exploit any part of the Website and Online Store.
Devices and software providing automated access to the Website and Online Store, including but not limited to bots, spiders and crawlers, are prohibited.
User Representations and Warranties
You represent, warrant and covenant that:
- You are at least 18 years old;
- You possess the legal authority to create a binding legal obligation;
- You will use the Website and Online Store in accordance with these Terms and Conditions;
- All information supplied by you on the Website or Online Store is true, accurate, current and complete; and
- If you have a Artisan NY account, you will safeguard your account information and will supervise and be completely responsible for any use of your account by anyone other than you.
We retain the right at our sole discretion to deny access to anyone to the Website and Online Store and the services we offer, at any time and for any reason, including, but not limited to, for violation of these Terms and Conditions.
Disclaimers
Your use of the Website and Online Store is at your sole risk. The Website and Online Store are provided on an “AS IS” and “AS AVAILABLE” basis. Artisan NY expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement with respect to the site, the materials and information provided on the site.
Artisan NY makes no warranty that:
- The Website or Online Store will meet your requirements;
- The Website or Online Store will be available on an uninterrupted, timely, secure or error-free basis;
- The quality of any product purchased or obtained by you through the Website or Online Store will meet your expectations; or
- Any errors in the Website or Online Store will be corrected.
Any material downloaded, viewed or otherwise obtained through the use of the Website or Online Store is done at your own discretion and risk. You will be solely responsible for any damage to your computer system or loss of data that results from the use, download or viewing of such material.
No advice or information, whether written or oral, obtained by you from Artisan NY through or from the Website or Online Store will create any warranty not expressly stated in these terms and conditions.
The products offered on the Website and Online Store are provided by parties other than Artisan NY. All product warranties, if any, are provided by the third party supplier or manufacturer. Artisan NY does not provide any warranties, representations or guarantees, express or implied, regarding any product offered on the site.
Limitation of Liability
Artisan NY or any of its employees or affiliates will not be liable for any damages of any kind arising from the use of the site or the materials contained therein, including without limitation any direct, indirect, special, incidental or consequential damages, whether arising under contract, tort, warranty or otherwise, even if Artisan NY has been advised of the possibility of such damages, including without limitation damages arising from lost profits, downtime, goodwill, damage to or replacement of equipment or property, and third party claims. In no event will Artisan NY be liable for any punitive, exemplary, consequential, incidental, indirect or special damages, losses or expenses (including without limitation lost profits, lost savings and lost revenues) arising out of or relating to the use of or inability to use the Website and Online Store or the services provided thereon, even if Artisan NY has been advised of the possibility of such damages.
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.
Return Policy
Artisan NY accepts returns on all unworn, unwashed, and unaltered items for a full refund when returned within 30 days of receiving your order.
To initiate a return, please email us at [email protected] with your order number and reason for return. We will provide a prepaid return label via email to send your item(s) back at no cost to you.
Once we receive your return, we will initiate a refund of the charged amount excluding any applicable taxes and shipping costs. Please allow 7-10 business days for the refund to appear on your credit card statement.
Sale items are final sale and cannot be returned or exchanged unless defective. If you receive a defective item, please email us at [email protected] within 30 days of receiving your order for help.
For full details, please see our complete Return Policy.
Privacy Policy
Please review our Privacy Policy, which also governs your use of the Website and Online Store, to understand our privacy practices.
Shipping Policy
Please review our Shipping Policy for details on shipping methods, costs and delivery estimates.
Applicable Law
By visiting the Website and Online Store, you agree that the laws of the State of New York will govern these Terms and Conditions, as well as any claim, cause of action or dispute that might arise between you and Artisan NY (a “Claim”), without regard to conflict of law provisions.
Binding Arbitration
Any Claim arising out of or relating to these Terms and Conditions (including its breach, termination, enforcement, interpretation or validity) will be resolved by binding arbitration, rather than in court. The arbitration will take place in New York County, New York and will be administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules in effect at the time the Claim is filed. The arbitration will be conducted by a single, neutral arbitrator, who will issue a reasoned written decision.
The arbitrator, and not any federal, state, or local court or agency, will have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of these Terms and Conditions, including any claim that all or any part of these Terms and Conditions are void or voidable. The arbitrator will determine the arbitrability of any dispute about the scope or applicability of the arbitration provision.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including statutory damages, injunctive relief and declaratory relief). The arbitrator will issue a written decision explaining the decision, the reasons for the decision and the damages award, if any.
Where any action includes claims that are arbitrable and claims that are not, the entire action will be resolved through arbitration.
The AAA’s rules, including instructions for starting an arbitration proceeding, are available on its website (www.adr.org) or by calling 800-778-7879. To the extent the AAA’s rules conflict with this arbitration provision, this provision controls. Despite the provisions in this Section, we are not required to arbitrate any individual Claim you bring in small claims court or an equivalent court with jurisdiction, as long as it remains an individual case in that court.
YOU AND ARTISAN NY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. Unless both you and Artisan NY agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding.
If this specific provision is found to be unenforceable, then the entirety of this arbitration provision will be null and void.
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS OR THE WEBSITE AND ONLINE STORE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Waiver and Severability
No waiver by Artisan NY of any term or condition set out in these Terms and Conditions will be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Artisan NY to assert a right or provision under these Terms and Conditions will not constitute a waiver of such right or provision.
If any provision of these Terms and Conditions is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision will be eliminated or limited to the minimum extent possible so that the remaining provisions of the Terms and Conditions will continue in full force and effect.
Entire Agreement
These Terms and Conditions, including the Privacy Policy and other policies referenced herein, constitute the sole and entire agreement between you and Artisan NY regarding the Website and Online Store and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding the Website and Online Store.
Your Comments and Concerns
This website is operated by Artisan NY, 600 Madison Ave, New York, NY 10022.
All feedback, comments, requests for technical support and other communications relating to the Website and Online Store should be directed to: [email protected].
Thank you for visiting the Artisan NY Website and Online Store.