TERMS OF USE AND SALE
These Terms of Use and Sale (“Terms”) govern your access to and use of www.nyclimitededition.com (the “Website”), including purchases of artwork, gift cards, photography workshops, photo tours, private mentoring sessions, and other products or services offered through the Website.
The Website is operated by NYC Limited Edition.
By accessing the Website, placing an order, purchasing a gift card or reserving an experience, you agree to these Terms and our Privacy Policy. Please read them carefully before using the Website or completing a purchase.
1. ABOUT NYC LIMITED EDITION
NYC Limited Edition offers limited-edition fine art photography by Paolo Goltara, together with photography workshops, photo tours, private mentoring and related creative services.
Business name: NYC Limited Edition
Customer-service email: customerservice@nyclimitededition.com
2. ELIGIBILITY
You must be at least 18 years old, or the age of legal majority in your jurisdiction, to purchase through the Website.
By placing an order or making a reservation, you represent that:
The information you provide is accurate and complete.
You are authorized to use the payment method submitted.
Your purchase or use of the Website complies with applicable law.
3. PERMITTED USE OF THE WEBSITE
The Website is provided for lawful, personal and noncommercial use.
You may not:
Copy, reproduce, republish, distribute, sell or commercially exploit Website content without prior written permission.
Download or use artwork images except for personal viewing through the Website.
Remove copyright notices, watermarks, trademarks or other ownership notices.
Use scraping, data-mining, crawling or other automated systems to collect Website content.
Use photographs, artwork or Website content to train, develop or improve an artificial-intelligence or machine-learning system without prior written permission.
Attempt to gain unauthorized access to the Website, its systems or related accounts.
Interfere with the security, performance or operation of the Website.
Submit false, fraudulent, deceptive or misleading information.
Use the Website in violation of applicable law or the rights of another person.
We may restrict or suspend access to the Website when we reasonably believe these Terms have been violated.
4. INTELLECTUAL PROPERTY
All photographs, artwork, images, text, graphics, logos, videos, designs, layouts and other content appearing on the Website are owned by or licensed to NYC Limited Edition and are protected by United States and international intellectual-property laws.
Purchasing a physical artwork transfers ownership of that particular physical print only. It does not transfer:
Copyright in the photograph or artwork.
Reproduction or publication rights.
Commercial-use or advertising rights.
Digital-use rights.
Licensing rights.
The right to create derivative works.
An artwork may not be copied, scanned, photographed for reproduction, published, distributed, modified, licensed, or commercially displayed without prior written permission.
Collectors may display a purchased artwork for personal, noncommercial purposes and may resell the physical artwork, subject to applicable law. Copyright and all other intellectual-property rights remain with the artist or applicable rights holder.
5. ARTWORK INFORMATION AND LIMITED EDITIONS
We make reasonable efforts to describe each artwork accurately. Depending on the artwork, the product page, invoice, order documentation or certificate of authenticity may identify:
The artwork title and artist.
The photographic or printing process.
The paper, material or substrate.
The dimensions.
The year of production.
The edition size and edition number.
Signature information.
The existence of artist’s proofs, printer’s proofs or other editions, when applicable.
The framing status.
Certificate-of-authenticity information.
Each limited-edition artwork belongs to the edition identified in the artwork-specific documentation. Once the stated edition is completed, no additional numbered prints will be produced as part of that edition.
Any artist’s proofs, printer’s proofs, alternate editions or additional versions will be disclosed when applicable.
The artwork-specific information provided in connection with a purchase forms part of the agreement between NYC Limited Edition and the collector.
Unless expressly stated otherwise, artworks are sold unframed.
Because computer and mobile displays vary, colors, contrast, brightness, tones and apparent texture may differ slightly between the image displayed on the Website and the physical artwork. Normal screen variations do not constitute a defect or material misdescription.
6. ORDERS AND ORDER ACCEPTANCE
The Website allows you to review your order before submitting payment.
After an order is placed, you may receive an automatic email confirming that the order was received. This acknowledgment does not guarantee acceptance, availability or fulfillment.
We may decline or cancel an order before shipment when:
The artwork or edition is no longer available.
Edition inventory is incorrect.
Payment cannot be authorized or completed.
Fraud or unauthorized activity is suspected.
Shipping restrictions prevent delivery.
The order information is incomplete or inaccurate.
A material pricing or product-description error occurred.
When we cancel an order that has already been paid, we will refund the amount paid for the canceled item using the original payment method whenever reasonably possible.
7. PRICES, TAXES AND PAYMENT
Unless otherwise stated, prices are displayed in U.S. dollars.
Applicable sales taxes will be calculated using the order and delivery information provided at checkout, as required by law.
Shipping charges, when applicable, will be displayed before the order is submitted.
We may change prices at any time. A price change will not affect an order that has already been accepted, except when there has been an obvious or material pricing error.
Payment must be completed using one of the payment methods available during checkout. Third-party payment processors may process transactions under their own terms and privacy practices.
8. PRODUCTION, SHIPPING AND DELIVERY
Unless a product page or order confirmation states otherwise, please allow approximately:
4–7 business days for production and fulfillment.
3–6 business days for transit within the United States.
These timeframes are estimates and do not include weekends, holidays, customs processing or delays outside our reasonable control.
Tracking information will be provided when available.
When we are unable to ship an order within the timeframe promised at the time of purchase, we will notify the purchaser and provide a revised estimate. The purchaser will be given the opportunity to accept the revised timeframe or cancel the unshipped order for a refund.
9. DELIVERY, RISK OF LOSS AND SHIPPING ADDRESSES
Please review your shipping address carefully before submitting an order.
Delivery is considered completed when the package is delivered to the address supplied with the order, except where applicable law provides otherwise.
NYC Limited Edition is not responsible for delays, failed deliveries or losses resulting from an incorrect or incomplete address supplied by the purchaser.
When a package is returned because of an incorrect address, refusal of delivery or failure to collect the package, the purchaser may be responsible for reasonable additional shipping and handling expenses before the order is reshipped.
Nothing in this section limits any responsibility that cannot legally be excluded.
10. INTERNATIONAL ORDERS
International shipping may be available to eligible destinations.
Unless checkout expressly states otherwise, international purchasers are responsible for customs duties, import taxes, brokerage charges and other fees imposed by the destination country.
Customs processing may delay delivery. We cannot guarantee an international delivery date after a shipment enters customs processing.
International purchasers may have mandatory rights under the laws of their place of residence. Nothing in these Terms is intended to exclude or restrict rights that cannot legally be waived.
11. FINAL-SALE POLICY FOR ARTWORK
Because each artwork forms part of a strictly limited edition, all artwork acquisitions are final. We do not accept change-of-mind returns or exchanges.
This final-sale policy does not apply when:
An artwork arrives materially damaged.
The purchaser receives the wrong artwork.
The artwork is materially different from its written description.
Required artwork information was materially incorrect or incomplete.
A refund, replacement or other remedy is required by applicable law.
The final-sale policy applies only to artwork. Separate cancellation terms apply to workshops, photo tours, mentoring sessions and gift cards.
12. DAMAGED, LOST OR INCORRECT ORDERS
Please inspect the artwork and packaging promptly after delivery.
When an artwork arrives damaged or an incorrect item is delivered, contact customerservice@nyclimitededition.com as soon as reasonably possible and provide:
Your name and order number.
A description of the issue.
Photographs of the artwork.
Photographs of the packaging and shipping label.
Any additional information reasonably needed to evaluate the claim.
Please retain all original packaging while the claim is being reviewed.
Depending on the circumstances and applicable law, we may arrange a replacement, repair, return, carrier claim or refund.
Failure to report an issue immediately does not eliminate any rights that cannot legally be waived, although a delay may affect our ability to investigate the matter or submit a shipping-carrier claim.
13. CERTIFICATES OF AUTHENTICITY
Each qualifying limited-edition artwork is accompanied by a certificate of authenticity containing identifying information about the artwork and its edition.
The certificate is an important part of the artwork’s provenance and should be retained by the collector.
A replacement certificate may be issued only when ownership, authenticity and purchase records can be reasonably verified. We reserve the right to decline a replacement request when adequate verification cannot be provided.
14. WORKSHOPS, PHOTO TOURS AND PRIVATE MENTORING
Reservations for workshops, photo tours and private mentoring are subject to the terms shown on the applicable booking page.
Unless the booking page states otherwise:
A participant may cancel for a refund up to 10 calendar days before the scheduled starting time.
Cancellations received fewer than 10 calendar days before the starting time are nonrefundable.
Failure to attend does not qualify for a refund.
Requests to transfer a reservation to another date may be considered but are not guaranteed.
When NYC Limited Edition cancels an experience, participants will be offered either a rescheduled date or a refund of the amount paid for the canceled experience.
Experiences may be modified, delayed or rescheduled because of weather, safety concerns, transportation interruptions, government restrictions, public events or other circumstances outside our reasonable control.
Photography experiences may take place in public spaces and may involve walking, stairs, uneven surfaces, crowds, traffic and changing weather. Participants are responsible for determining whether an experience is suitable for their abilities and for bringing appropriate clothing, footwear and equipment.
Participants must follow reasonable safety instructions and comply with applicable laws and location rules. We may remove a participant whose conduct is unsafe, unlawful, disruptive or harmful to others. A participant removed for such conduct will not be entitled to a refund, except where required by law.
Participants remain responsible for their cameras, equipment and personal belongings.
Nothing in this section excludes liability that cannot legally be excluded.
15. GIFT CARDS
NYC Limited Edition gift cards may be redeemed only for eligible products or services offered through the Website.
Gift cards:
Are not refundable after purchase, except where required by law.
Are not redeemable for cash except where required by law.
May not be resold or used for unauthorized commercial purposes.
May not be replaced if lost, stolen, or used without authorization unless sufficient purchase and ownership information can be verified.
NYC Limited Edition gift cards do not incur inactivity or service fees.
Any expiration or promotional restrictions will be clearly disclosed when applicable and will comply with applicable law. Where required by law, a qualifying gift card with a low remaining balance may be redeemed for cash upon request.
Promotional cards, discount codes and complimentary certificates may be subject to separate terms displayed when issued.
16. PROMOTIONS AND DISCOUNT CODES
Promotions, discount codes and special offers are subject to the terms displayed with the applicable offer.
Unless otherwise stated:
Promotions cannot be combined.
Discounts do not apply retroactively.
Discount codes have no cash value.
Promotions may exclude specific artworks, collections, experiences or gift cards.
A promotion may be modified or withdrawn before an eligible order is placed.
Orders completed before a promotion begins or after it ends are not eligible for the promotional price.
17. THIRD-PARTY SERVICES AND LINKS
The Website may use third-party providers for hosting, e-commerce functionality, payment processing, analytics, email communications, shipping and other services.
Third-party websites and services operate independently and may be governed by their own terms and privacy practices.
Links to third-party websites are provided for convenience and do not necessarily constitute an endorsement.
Nothing in this section limits our obligations regarding orders placed directly with NYC Limited Edition.
18. WEBSITE ACCURACY AND AVAILABILITY
We make reasonable efforts to keep the Website accurate, secure and available. However, we do not guarantee that the Website will always operate without interruptions, delays or errors.
The Website may occasionally contain typographical errors, outdated information, broken links or technical problems.
We may modify, suspend or discontinue any portion of the Website when reasonably necessary. This will not affect rights relating to an order that has already been accepted.
19. DISCLAIMERS
To the fullest extent permitted by law, the Website is provided on an “as available” basis.
We do not guarantee that:
The Website will always be uninterrupted or error-free.
The Website will be compatible with every device or browser.
Website content will always be free from technical errors.
Every artwork or experience will remain available.
Nothing in these Terms excludes express warranties relating to an artwork, obligations created by artwork-specific disclosures or consumer protections that cannot legally be excluded.
20. LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law, NYC Limited Edition and Grand Kermesse LLC will not be liable for indirect, incidental, special, consequential or punitive damages arising from use of the Website or the purchase of a product or service.
Where liability relating to a particular purchase cannot legally be excluded, our aggregate liability relating to that purchase will not exceed the amount paid for the applicable product or service.
These limitations do not apply to liability arising from fraud, intentional misconduct, gross negligence, personal injury where liability cannot legally be limited or any other responsibility that cannot legally be excluded.
Some jurisdictions do not permit certain warranty exclusions or liability limitations. In those jurisdictions, the limitations apply only to the maximum extent permitted by law.
21. EVENTS OUTSIDE OUR REASONABLE CONTROL
We are not responsible for delays or failure to perform caused by circumstances outside our reasonable control, including:
Severe weather or natural disasters.
Fire, flood or public emergencies.
Transportation or carrier interruptions.
Labor disputes.
Government action or restrictions.
Public-health emergencies.
Customs delays.
Power, internet or telecommunications failures.
Failures by third-party service providers.
We will make reasonable efforts to notify affected customers and reduce the effect of such circumstances.
22. GOVERNING LAW AND DISPUTES
These Terms and transactions made through the Website are governed by the laws of the State of New York, without regard to conflict-of-law principles.
Subject to applicable consumer protections, any legal proceeding relating to these Terms or the Website shall be brought in a state or federal court of competent jurisdiction located in Kings County, New York.
Nothing in this section deprives a consumer of mandatory protections or jurisdictional rights available under the laws of the consumer’s place of residence.
23. CHANGES TO THESE TERMS
We may update these Terms when our business practices, Website functionality or legal obligations change.
Updated Terms will be posted on this page with a revised effective date.
The Terms applicable to a purchase are the Terms presented when the order is submitted. Later changes will not apply retroactively to an accepted purchase unless required by law.
Continued use of the Website after revised Terms are posted constitutes acceptance of the revised Terms as they apply to future Website use.
24. SEVERABILITY AND WAIVER
If any provision of these Terms is found to be unlawful, invalid or unenforceable, that provision will be enforced to the maximum extent permitted, and the remaining provisions will continue in effect.
A failure to enforce any provision on one occasion does not constitute a waiver of that provision or the right to enforce it in the future.
25. ENTIRE AGREEMENT
These Terms, the Privacy Policy, the applicable product or booking page and the order confirmation constitute the agreement between you and NYC Limited Edition concerning the relevant use or purchase.
When artwork-specific information or booking terms conflict with a general provision of these Terms, the artwork-specific or booking terms will control for that transaction, except where prohibited by law.
26. CONTACT
Questions about these Terms, an order, an artwork or an experience may be sent to:
NYC Limited Edition
Email: customerservice@nyclimitededition.com