Lower East Side Printshop, Inc. ("Printshop")
owns and maintains this website: HTTP://PRINTSHOP.ORG (the "Site").
The following legal terms and conditions ("Terms and Conditions")
govern your use of the Site and/or the Purchase of works of art,
products and/or services ("Artwork, Products and/or Services")
through the Site. By accessing, viewing, or using the material on
the Site, or purchasing Artwork, Products and/or Services through
the Site, you indicate that you understand and intend these Terms
and Conditions to be the legal equivalent of a signed, written contract,
and equally binding, and that you accept such Terms and Conditions
and agree to be legally bound by them. If you do not agree with
the Terms and Conditions, you are not granted permission to access
or use the Site and should exit immediately.
Sale of Artwork, Products and/or Services
Orders placed by Users through the Site for the purchase of Artwork,
Products and/or Services shall be deemed to constitute an offer
by the User (also referred to herein as "Purchaser") to
enter into a contract on these Terms and Conditions, which offer
shall be accepted by The Printshop by shipping the order.
Payment of the Purchase Price specified on the Site Order Page for
each Artwork, Product and/or Service selected by Purchaser, and
any applicable delivery/shipping costs, or other expenses of any
kind or nature, including but not limited to sales tax, customs
duties, artist resale royalties, export or import charges (collectively
"Shipping and/or Other Expenses"), is due in full by an
acceptable credit card at the time of shipment.
The Printshop will, on receipt of the Purchase Price and any applicable
Shipping and/or Other Expenses, arrange for delivery of the Artwork
and/or Product to the Purchaser via common carrier ("Shipper")
at the address specified on the Site Order Page. Shipper, Artist
and/or The Printshop will pack and insure the Artwork and/or Product
for at least the full Purchase Price and name the Printshop as the
insured party. In the instances where customers have opted to pick
up their purchases, sale will be as is and The Printshop shall not
be bound by the terms of this paragraph.
Artwork description page.
Sales of all Artwork, Products and/or Services are governed by these
Terms and Conditions, as well as any detailed exceptions as included
in individual Artwork, Product and/or Service descriptions on the
website. While the Printshop is committed to providing excellent
customer service, Purchasers must note that, due to their inherent
characteristics, Artwork(s) may require additional handling or other
considerations as stated in an Artwork's description page that may
modify these Terms and Conditions. These considerations may or may
not include a restocking fee to be borne by the Purchaser for Artwork(s)
and/or other Product(s) returned to the Printshop that requires
The Printshop and Purchaser agree that the sale of Artwork and/or
other Products and the transfer of title in the Artwork, Products
and/or Services from the Artist to Purchaser shall take place only
after the Purchaser has paid the Purchase Price and Shipping and/or
Other Expenses in full as provided herein, and the Purchaser takes
actual possession of the Artwork, Products and/or Services. At such
time as title passes to Purchaser, risk of loss will also pass to
Purchaser, and if the Artwork and/or other Product are damaged in
transit, Purchaser should contact the Printshop immediately at firstname.lastname@example.org,
212 673 5390 for further instructions on how to proceed.
Return of commissioned and custom-made Artwork.
All sales are final. Purchasers credit card will be charged
at the time an order is placed and no refunds or returns will be
permitted or accepted.
Unavailability of Artwork and/or other Products.
All Artwork and/or other Products featured on the Site are offered
on a first-come basis. As between two or more potential Purchasers
of a given Artwork and/or other Product, the potential Purchaser
who first submits a complete and otherwise acceptable Order, via
the Site, shall have first rights to purchase a given Artwork and/or
other Product. Notwithstanding the foregoing, the Printshop does
not guarantee the availability for purchase of any Artwork and/or
other Product featured on the Site. Moreover, in its sole and exclusive
discretion, and for any reason whatsoever, the Printshop reserves
the right to withdraw from sale, or unwind any transaction for the
purchase of, any Artwork and/or other Products before the actual
transfer of title to the Purchaser as provided above/herein. In
the event an Artwork and/or other Product is unavailable for any
reason, the Purchaser may, at his or her option, obtain a full refund
of any amounts paid to the Printshop.
Remedy for Purchasers Failure.
If any of the Terms and Conditions herein are not complied with
in a timely manner by the Purchaser, in addition to other remedies
available to The Printshop by law, including without limitation
the right to hold Purchaser liable for the Purchase Price, the Printshop
may hold the Purchaser liable for any and all costs of collection,
reoffer, handling charges, commission, and any legal fees and expenses
attributable to Buyers breach of the Terms and Conditions.
and/or Postings on the Site
The Printshop welcomes feedback and suggestions about how to improve
the Site and our services, and may offer users access to discussion
areas designed to facilitate communication between and among users
of the Site regarding the contents of the Site. Any ideas, suggestions
or postings submitted to the Site shall be deemed accompanied by
permission for The Printshop to adopt and use them without additional
consideration. By transmitting any information, suggestions, material,
or other content to HTTP://PRINTSHOP.ORG, you automatically grant
the Printshop the royalty-free, perpetual, irrevocable, nonexclusive
right and license to use, reproduce, modify, adapt, publish, translate,
create derivative works from, distribute, redistribute, transmit,
perform and display such content (in whole or in part) worldwide
and/or to incorporate it in any form, media, or technology now known
or later developed for the full term of any rights that may exist
in such content. Furthermore, the Printshop is free to use any content
of communications you send to the Site for any purpose whatsoever,
including but not limited to creating and marketing products and/or
services using such information. The Printshop is not responsible
for the consequences of reliance on any information contained in
or submitted to the Site.
Disclaimer of Warranty
USE OF THIS SITE IS ENTIRELY AT YOUR OWN RISK. CERTAIN CONTENT MAY
BE CONSIDERED OBJECTIONABLE BY INDIVIDUAL USERS, AND USERS MUST
EXERCISE THEIR DISCRETION IN ALLOWING MINORS TO USE THE SITE. THESE
MATERIALS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY
KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, OR NON-INFRINGEMENT. THE PRINTSHOP SHALL NOT BE LIABLE
FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES,
INCLUDING WITHOUT LIMITATION, LOST REVENUES OR LOST PROFITS, WHICH
MAY RESULT FROM THE USE OF OR RELIANCE ON THESE MATERIALS OR THE
SALE, OFFERING OR PURCHASE OF ARTWORK AND/OR OTHER PRODUCTS VIA
ANY AND ALL ARTWORK AND/OR OTHER PRODUCT OFFERED FOR SALE BY THE
PRINTSHOP ON THE SITE IS OFFERED "AS IS"AND THE PRINTSHOP
HEREBY DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS
OR IMPLIED, IN CONNECTION WITH THE SALE OF ANY ARTWORK AND/OR OTHER
PRODUCT, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF FITNESS
FOR A PARTICULAR PURPOSE, MARKETABILITY, NON-INFRINGEMENT, VALUE,
RARITY, IMPORTANCE OR CONDITION. NO STATEMENT, EITHER ORAL OR WRITTEN,
SHALL BE DEEMED SUCH A GUARANTEE, WARRANTEE OR REPRESENTATION.
Corrections and Changes
While we endeavor to keep the Materials up to date, the Printshop
cannot assume responsibility for errors or omissions in these materials.
The Printshop does not warrant the accuracy or completeness of the
information, text, graphics, links or other items contained within
these materials. The Printshop may make changes to the Materials,
or to the products/services described herein or offered through
the Site, at any time without notice, and makes no commitment to
update the information contained herein. The Printshop reserves
the right to terminate your access to the Site in the event that
you violate these Terms and Conditions.
You agree to defend, indemnify, and hold harmless the Printshop
and all of its directors, officers, employees, representatives,
proprietors, partners, shareholders, affiliates, principals, agents,
predecessors, assigns, and attorneys from and against any and all
claims, proceedings, damages, injuries, liabilities, losses, costs,
and expenses (including attorneys fees and litigation expenses)
relating to or arising from your use of the Site, your purchase
of any Artwork, Product and/or Service via the Site, the delivery
of Artwork and/or Product to a location specified by you, and/or
any breach by you of these Terms and Conditions.
The Printshop reserves the right to decline or cancel any orders
originating in or directed to countries where export from the United
States may be prohibited or require governmental authorization.
By placing an order through the Site, you represent that, to your
knowledge, no such restriction exists with respect to your order.
You are responsible for compliance with the laws of your local jurisdiction
regarding the import, export, or re-export of the Artwork and/or
other Product and/or Materials.
Links to Other Websites
This Site may provide links to other sites on the World Wide Web
for your convenience in locating information and services. These
sites are maintained by organizations or third parties over which
the Printshop exercises no control, and accordingly, the Printshop
expressly disclaims any responsibility for the content, the accuracy
of the information and/or quality of products or services provided
by or advertised on these third-party sites. The Printshop does
not control, endorse, promote, or have any affiliation with any
other website unless expressly stated.
Use of the Internet
Use of the Internet is solely at your own risk and is subject to
all applicable state, national and international laws and regulations.
The Printshop will not be liable for any loss resulting from a cause
over which it does not have direct control, including but not limited
to failure of electronic or mechanical equipment or communication
lines, telephone or other interconnect problems, computer viruses,
unauthorized access, theft, operator errors, severe weather, earthquakes,
natural disasters, strikes or other labor problems, wars, or governmental
Governing Law and
These Terms and Conditions will be governed by and construed in
accordance with the laws of the State of New York, without reference
to its choice of law rules. By accessing, viewing, or using the
Material on this Site, or purchasing Artwork, Products and/or Services
via the Site, you consent to the jurisdiction of the federal and
state courts presiding in the State of New York, and agree to accept
service of process by mail and hereby waive any and all jurisdictional
and venue defenses otherwise available. This Site is controlled
and operated by The Printshop from its offices within the United
States. The Printshop makes no representation that materials in
this Site are appropriate or available for use in other locations,
and access to them from territories where their contents are illegal
is prohibited. Those who choose to access this Site from other locations
do so on their own volition and are responsible for compliance with
applicable local laws.
The Site is intended for use by individuals ages 18 years or older
and by households with persons ages 13 years or older. If you are
under 18 years of age and want to visit the Site, you must receive
parental approval. If you are under 13 years of age, you cannot
purchase artwork and should not otherwise send us any personal information.