Terms of Service
OVERVIEW
This website is operated by Benjamin New York. Throughout the site, the terms “we”, “us” and “our” refer to Benjamin New York. Benjamin New York offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.
By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including any additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site.
Please read these Terms of Service carefully before accessing or using our website. If you do not agree to all the terms and conditions, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms.
Our store is hosted by Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 – ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you have given us consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms, viruses, or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (excluding credit card information) may be transferred unencrypted and involve:
(a) transmissions over various networks; and
(b) changes to conform and adapt to technical requirements.
Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service without express written permission from us.
SECTION 3 – ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete, or current. The material is provided for general information only and should not be relied upon as the sole basis for making decisions.
We reserve the right to modify the contents of this site at any time, but we are under no obligation to update any information.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right to modify or discontinue the Service (or any part of it) at any time without notice.
We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service.
SECTION 5 – PRODUCTS OR SERVICES
Certain products or services may be available exclusively online. These products may have limited quantities and are subject to return or exchange only according to our Return Policy.
We make every effort to display as accurately as possible the colors and images of our products, but we cannot guarantee your screen will display colors accurately.
We reserve the right to limit sales to any person, geographic region, or jurisdiction and to limit the quantities of any products or services.
SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may limit or cancel quantities purchased per person or per order.
You agree to provide current, complete, and accurate purchase and account information. You agree to promptly update your account and other information, including your email address and payment details.
SECTION 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have control. You acknowledge and agree that we provide access to such tools “as is” and “as available” without warranties of any kind.
Use of optional tools is entirely at your own risk and discretion. Ensure that you are familiar with the terms provided by the third-party provider(s).
SECTION 8 – THIRD-PARTY LINKS
Certain content, products, and services may include materials from third parties.
Third-party links on this site may direct you to websites not affiliated with us. We are not responsible for any third-party materials or websites.
SECTION 9 – USER COMMENTS AND FEEDBACK
If you send us comments, suggestions, or creative ideas, you agree that we may use them without restriction, including editing, publishing, or distributing them in any medium.
We are not obligated to:
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Keep comments confidential;
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Compensate for comments; or
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Respond to comments.
You are solely responsible for the accuracy and legality of any comments you make.
SECTION 10 – PERSONAL INFORMATION
Your submission of personal information through the store is governed by our [Privacy Policy].
SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS
We reserve the right to correct any errors or inaccuracies and to change or update information at any time without prior notice, including after you have submitted your order.
SECTION 12 – PROHIBITED USES
You are prohibited from using the site or its content for:
(a) unlawful purposes;
(b) soliciting others to perform unlawful acts;
(c) violating laws or regulations;
(d) infringing intellectual property rights;
(e) harassing or discriminating against others;
(f) submitting false or misleading information;
(g) uploading malicious code;
(h) collecting personal information of others;
(i) spamming or scraping;
(j) obscene or immoral purposes; or
(k) interfering with security features of the site.
We reserve the right to terminate your use of the Service for violating any prohibited uses.
SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee uninterrupted, timely, secure, or error-free use of the Service.
Your use of the Service is at your sole risk.
All products and services are provided “as is” and “as available” without warranties of any kind.
In no case shall Benjamin New York, its owners, employees, or affiliates be liable for any damages arising from your use of the Service or any product.
SECTION 14 – INDEMNIFICATION
You agree to indemnify and hold Benjamin New York and its affiliates harmless from any claim or demand, including attorney fees, arising out of your breach of these Terms or your violation of any law or the rights of a third party.
SECTION 15 – SEVERABILITY
If any provision of these Terms is found to be unlawful or unenforceable, that provision shall still be enforceable to the fullest extent permitted, and the remainder shall remain in full force and effect.
SECTION 16 – TERMINATION
These Terms remain effective unless terminated by either you or us. We may terminate your access at any time without notice if you fail to comply with these Terms.
SECTION 17 – ENTIRE AGREEMENT
These Terms, together with any policies or operating rules posted by us, constitute the entire agreement between you and Benjamin New York.
SECTION 18 – GOVERNING LAW
These Terms shall be governed by and construed in accordance with the laws of the State of New York, United States.
SECTION 19 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms at any time on this page.
We reserve the right to update, change or replace any part of these Terms by posting updates on our website. It is your responsibility to check our site periodically for changes.
SECTION 20 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at:
📧 info@benjaminenewyork.com