TERMS OF USE

Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site. Please note that by ordering any of our Products, you agree to be bound by these Terms and the other documents expressly referred to in it. You should print a copy of these Terms or save them to your computer for future reference. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time. These Terms were most recently updated on [15, October 2015]. These Terms, and any Contract between us, are only in the English language.

1. INFORMATION ABOUT US

We operate the website www.nyclimitededition.com. We are GRAND KERMESSE LLC, a multimedia company registered in the State  of New York.

2. USE OF OUR SITE

Your use of our site is governed by our Terms of Website Use. Please take the time to read these, as they include important terms which apply to you.

3. HOW WE USE YOUR PERSONAL INFORMATION

We only use your personal information in accordance with our Privacy Policy which is detailed on our website. Please take the time to read these, as they include important terms which apply to you.

4. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US

4.1 Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.

4.2 After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 7.4.

4.3 We will confirm our acceptance to you by sending you an e-mail that confirms that the Products have been dispatched (Dispatch Confirmation). The Contract between us will only be formed when we send you the Dispatch Confirmation.

4.4 If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because of an error in the price on our site as referred to in clause 12.5, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount as soon as possible.

5. OUR RIGHT TO VARY THESE TERMS

5.1 We may revise these Terms from time to time in the following circumstances: a) changes in how we accept payment from you; b) changes in how we conduct business; or c) changes in relevant laws and regulatory requirements.

5.2 Every time you order Products from our site, the Terms in force at that time will apply to the Contract.

5.3 Whenever we revise these Terms in accordance with this clause 8, we will keep you informed and give you notice of this by stating that these Terms have been amended and the relevant date at the top of this page.

6. YOUR CANCELLATION AND REFUND RIGHTS

6.1 If you are a consumer, you have a legal right to cancel a Contract under the Consumer Protection (Distance Selling) Regulations 2000) during the period set out below in clause 6.3. This means that during the relevant period if you change your mind or for any other reason you decide you do not want to keep a Product, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract under these regulations is available from your local Citizens' Advice Bureau or Trading Standards office.

6.2 However, this cancellation right does not apply in the case of any made-to-measure or custom-made products

6.3 You may cancel a Contract from the date you receive the Dispatch Confirmation, which is when the Contract between us is formed. If the Products have already been delivered to you, you have a period of 10 (ten) days in which you may cancel, starting from the day you receive the Products.

6.4 To cancel a Contract, you must contact us in writing by sending an e-mail to customer_support@nyclimitededition.com. You may wish to keep a copy of your cancellation notification for your own records.

6.5 You will receive a full refund of the price you paid for the Products. We will process the refund due to you normally within 3 working days after your prints has been returned or as soon as possible and, in any case, within 30 calendar days of the day on which you gave us notice of cancellation as described in clause 6.6. The Products must be received in its original, unused condition upon return. Purchaser is responsible for all arrangements and payments for the return shipping. If you have returned the Products to us because they were faulty or mis-described, please see clause 9.6.

6.7 If you have returned the Products to us under this clause 9 because they are faulty or mis-described, we will refund the price of a defective Product in full, and any applicable delivery charges.

6.8 We will refund you on the credit card or debit card used by you to pay.

6.9 You have a legal obligation to keep the Products in your possession and to take reasonable care of the Products while they are in your possession.

6.10 Details of your legal right to cancel and an explanation of how to exercise it are provided in our Returns and Refunds section.

6.11 As a consumer, you will always have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by the returns policy in this clause 9 or these Terms. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.

7. DELIVERY

7.1 Your order will be fulfilled as soon as reasonable, unless there is an Event Outside Control, and we will provide you with a tracking number once the Products have been shipped. If we are unable to fulfill delivery because of an Event Outside Control, we will contact you.

7.2 Delivery will be completed when the Products are delivered to the address you gave us.

7.3 The Products will be your responsibility from the completion of delivery.

7.4 You own the Products once we have received payment in full, including all applicable delivery charges.

11. INTERNATIONAL DELIVERY

11.1 International shipping destinations are set by the seller. We do our best to encourage sellers to ship worldwide, but in some cases, sellers will only ship to a limited set of countries.

If you wish to have a Product delivered to a country that a seller currently does not ship to, please contact:customer_support@nyclimitededition.com. (International Delivery Destinations). However, there are restrictions on some Products for certain International Delivery Destinations, so please review the information on that page carefully before ordering Products.

11.2 If you order Products from our site for delivery to an International Delivery Destinations, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount.

11.3 You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.

11.4 You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such law.

8. PRICE OF PRODUCTS AND DELIVERY CHARGES

8.1 The prices of the Products will be as quoted on our site from time to time. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However if we discover an error in the price of Product(s) you ordered, please see clause 8.2 for what happens in this event.

8.3 Prices for our Products may change from time to time, but changes will not affect any order which we have confirmed with a Dispatch Confirmation.

8.4 The price of a Product includes TAX (where applicable) at the applicable current rate chargeable in USA for the time being. However, if the rate of TAX changes between the date of your order and the date of delivery, we will adjust the TAX you pay, unless you have already paid for the Products in full before the change in TAX takes effect.

8.5 The price of a Product does not include delivery charges. Our delivery charges are as quoted on our site from time to time. 

8.6 Our site contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price.

9. HOW TO PAY

9.1 You can only pay for Products using a debit card or credit card. We can accept Visa, MasterCard, American Express, JCB, Discover, and Diners Club. Australian, Canadian, and European businesses can accept Visa, MasterCard, and American Express.

9.2 Payment for the Products and all applicable delivery charges is in advance.

10. OUR WARRANTY FOR THE PRODUCTS

10.1 We provide a warranty that on delivery and for a period of [12] months from delivery, the Products shall be free from material defects. However, this warranty does not apply in the circumstances described in clause 10.2.

10.2 The warranty in clause 14.1 does not apply to any defect in the Products arising from: a) fair wear and tear; b) wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party; c) if you fail to operate or use the Products in accordance with its intention; d) any alteration or repair by you or by a third party who is not one of our authorised repairers; or e) any specification provided by you.

10.3 If you are a consumer, this warranty is in addition to your legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.

11. OTHER IMPORTANT TERMS

11.1 We may transfer our rights and obligations under a Contract to another organization, but this will not affect your rights or our obligations under these Terms.

11.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.

11.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.

11.4 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

11.5 If you are a consumer, please note that these Terms are governed by New York State law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by New York State law.