Terms of service

OVERVIEW

Welcome to Big Apple Society! The terms “we,” “us,” and “our” refer to Big Apple Society. Big Apple Society operates this store and website, including all related information, content, features, tools, products, and services in order to provide you, the customer, with a curated shopping experience (the “Services”). Big Apple Society is powered by Shopify, which enables us to provide the Services to you.

The below terms and conditions, together with any policies referenced herein (these “Terms of Service” or “Terms”), describe your rights and responsibilities when you use the Services.

Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.

By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.

SECTION 1 - ACCESS AND ACCOUNT

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, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase, or manage.

To use the Services, including accessing or browsing our online store or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all information you provide is correct, current, and complete and that you have all rights necessary to provide this information.

You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.

SECTION 2 - OUR PRODUCTS

We have made every effort to provide an accurate representation of our products and services in our online store. However, colors or product appearance may differ from how they appear on your screen due to the type of device, display settings, lighting, and other factors.

We do not warrant that the appearance or quality of any products or services purchased by you will exactly match how they are depicted or rendered in our online store.

All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of products offered to any person, geographic region, or jurisdiction.

SECTION 3 - ORDERS

When you place an order, you are making an offer to purchase. Big Apple Society reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until Big Apple Society confirms acceptance. We must receive and process your payment before your order is accepted.

Please review your order carefully before submitting it, as Big Apple Society may be unable to accommodate cancellation requests after an order is accepted.

If we do not accept, make a change to, or cancel an order, we will attempt to notify you using the email address, billing address, and/or phone number provided at the time the order was placed.

Returns, refunds, and exchanges are subject to our Return and Refund Policy.

You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.

SECTION 4 - PRICES AND BILLING

Prices, discounts, and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be shown in your order confirmation.

Unless otherwise expressly stated, posted prices do not include applicable taxes, shipping, handling, customs, or import charges.

Prices posted in our online store may differ from prices offered at physical events, marketplaces, wholesale channels, or third-party platforms.

We may offer promotions from time to time that may affect pricing and that are governed by separate terms and conditions. If there is a conflict between the terms of a promotion and these Terms, the promotion terms will govern.

You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made through our store.

SECTION 5 - SHIPPING AND DELIVERY

All processing and delivery times are estimates and are not guaranteed.

We are not responsible for shipping or delivery delays caused by shipping carriers, weather, incorrect or incomplete delivery information, customs processing, or other circumstances outside our reasonable control.

Customers are responsible for providing a complete and accurate shipping address when placing an order.

Please refer to our Shipping Policy for additional information regarding order processing and shipping.

SECTION 6 - INTELLECTUAL PROPERTY

Our Services, including but not limited to our trademarks, brand name, text, photographs, graphics, embroidery designs, artwork, product designs, videos, audio, logos, and the design, selection, and arrangement thereof, are owned by Big Apple Society, its affiliates, or licensors and are protected by applicable U.S. and international intellectual property laws.

These Terms permit you to use the Services for your personal, non-commercial use only.

You must not reproduce, distribute, modify, create derivative works from, publicly display, republish, download, store, sell, or transmit any material from the Services without our prior written consent.

Big Apple Society’s name, logos, product and service names, designs, artwork, embroidery designs, and slogans may not be used without our prior written permission.

All rights not expressly granted herein are reserved by Big Apple Society.

SECTION 7 - OPTIONAL TOOLS

You may be provided with access to tools offered by third parties as part of the Services, which we neither monitor nor have control over.

You acknowledge and agree that we provide access to such tools “as is” and “as available” without warranties, representations, or conditions of any kind and without endorsement.

Any use by you of optional third-party tools offered through the site is entirely at your own risk and discretion.

We may also offer new features, tools, and resources through the Services in the future. Such features will also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

The Services may contain materials and links to websites provided or operated by third parties.

We are not responsible for examining or evaluating the content, accuracy, policies, products, or services of third-party websites.

If you decide to leave the Services to access third-party materials or websites, you do so at your own risk.

Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the applicable third party.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

Big Apple Society is powered by Shopify, which enables us to provide the Services to you.

However, any sales and purchases you make in our Store are made directly with Big Apple Society.

By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Big Apple Society, including any injury, damage, or loss resulting from purchased products and services.

You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Big Apple Society.

SECTION 10 - PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy.

Because the Services are hosted by Shopify, Shopify may collect and process personal information about your access to and use of the Services in order to provide and improve the Services.

Information you submit to the Services may also be transmitted to and shared with service providers and other third parties as described in our Privacy Policy.

SECTION 11 - FEEDBACK

If you submit, upload, post, email, or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans, photographs, or other content (“Feedback”), you grant us a worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback for purposes related to operating, improving, and promoting our Services.

You represent and warrant that you own or have all necessary rights to the Feedback you submit and that your Feedback will not violate the rights of any third party.

We reserve the right to monitor, edit, or remove Feedback that we determine violates these Terms or applicable law.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally, information on our Services may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times, inventory, or availability.

We reserve the right to correct errors, inaccuracies, or omissions and to change or update information or cancel orders if information is inaccurate, including after an order has been submitted, to the extent permitted by applicable law.

SECTION 13 - PROHIBITED USES

You may access and use the Services for lawful purposes only.

You may not use the Services to violate any applicable law or regulation; infringe upon our intellectual property rights or the rights of others; harass, abuse, threaten, or harm another person; transmit false or misleading information; distribute spam or malicious software; impersonate another person or entity; collect personal information without authorization; interfere with the security or functionality of the Services; or otherwise use the Services in a manner that may harm Big Apple Society, Shopify, our customers, or other users.

You may not reproduce, duplicate, copy, extract, sell, resell, scrape, or exploit any portion of the Services without our authorization.

We reserve the right to suspend or terminate access to the Services if we determine that these Terms have been violated.

SECTION 14 - AUTOMATED TOOLS AND AGENTS

Automated software, bots, agents, scraping tools, or similar technologies may not access, copy, extract, interfere with, or interact with the Services in violation of applicable law, these Terms, or technical restrictions implemented by Big Apple Society or our service providers.

You may not circumvent CAPTCHAs, security measures, robot exclusion protocols, access restrictions, or other measures designed to protect the Services.

SECTION 15 - TERMINATION

We may terminate this agreement or your access to the Services, or any part thereof, in our discretion where permitted by applicable law.

You will remain responsible for amounts properly due up to the effective date of termination.

Any provisions that by their nature should survive termination will continue to apply following termination.

SECTION 16 - DISCLAIMER OF WARRANTIES

The information presented on or through the Services is made available for general information purposes.

To the fullest extent permitted by applicable law, the Services and products offered through the Services are provided “as is” and “as available,” without representations, warranties, or conditions of any kind, either express or implied, except where expressly stated by Big Apple Society or required by law.

We do not guarantee that your use of the Services will be uninterrupted, timely, secure, or error-free.

Some jurisdictions do not allow certain warranty exclusions, so some of the above limitations may not apply to you.

SECTION 17 - LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BIG APPLE SOCIETY AND ITS AFFILIATES, PARTNERS, EMPLOYEES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, AND LICENSORS SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATED TO YOUR USE OF THE SERVICES OR PRODUCTS PURCHASED THROUGH THE SERVICES.

NOTHING IN THESE TERMS EXCLUDES OR LIMITS LIABILITY THAT CANNOT LAWFULLY BE EXCLUDED OR LIMITED.

SECTION 18 - INDEMNIFICATION

To the extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Big Apple Society, Shopify, and our respective affiliates, partners, officers, employees, agents, contractors, licensors, and service providers from third-party claims, losses, damages, or liabilities arising from your breach of these Terms, your violation of applicable law, or your violation of the rights of another person.

SECTION 19 - SEVERABILITY

If any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision will be enforceable to the fullest extent permitted by applicable law.

Any unenforceable portion will be deemed severed from these Terms without affecting the validity and enforceability of the remaining provisions.

SECTION 20 - WAIVER; ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of that right or provision.

These Terms of Service and any policies or operating rules posted by us in connection with the Services constitute the entire agreement between you and Big Apple Society concerning your use of the Services, except where otherwise expressly agreed.

SECTION 21 - ASSIGNMENT

You may not transfer or assign these Terms or your rights or obligations under these Terms without our prior written consent.

We may transfer, assign, or delegate our rights and obligations under these Terms as permitted by applicable law.

SECTION 22 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with applicable laws in the jurisdiction where Big Apple Society is headquartered, without limiting any consumer protections that apply under applicable law.

SECTION 23 - HEADINGS

The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 24 - CHANGES TO TERMS OF SERVICE

You can review the most current version of these Terms of Service at any time on this page.

We reserve the right to update, change, or replace any part of these Terms by posting updates and changes to our website.

Where required by applicable law, we will provide notice of material changes.

Your continued use of or access to the Services following the effective date of any changes constitutes acceptance of those changes to the extent permitted by applicable law.

SECTION 25 - CONTACT INFORMATION

Questions about these Terms of Service should be sent to:

Big Apple Society
Email: bigapplesociety@gmail.com