AGREEMENT TO TERMS OF USE

These Terms and Conditions of Use (the 'Terms of Use') apply to the web site located at www.toyoilnewyork.com. The Site is the property of Toyoil Studio. LLC. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE, DO NOT USE THE SITE.
Toyoilnewyork.com reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, toyoilnewyork.com grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.



GENERAL
From time to time, we may change the terms that govern your use of our Site.  Your use of our Site following any such change constitutes your agreement to follow and be bound by the terms as changed.  We may change, move or delete portions of, or may add to, our Site from time to time.



PRODUCT AVAILABILITY
Although availability may be indicated on the Site, we cannot guarantee product availability and products, nonetheless, may not be available for immediate delivery. We reserve the right, without liability or prior notice, to revise, discontinue, or cease to make available any or all products or to cancel any order. If there is any revision, discontinuance, or cessation, we may, to our discretion, ship products which have substantially similar functionality and specifications to the products ordered or cancel your order and refund your money.



COLORS
We have made every effort to display as accurately as possible the colors of our products that appear at the Site.  However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.



PAYMENT METHODS
We accept Visa, MasterCard, American Express and Paypal.
Note that e-checks with Paypal can take up to 10 days to be confirmed. Normal Paypal transfers are processed immediately.



U.S. SHIPPING & DELIVERY
We generally ship with USPS. Other shipping methods are available upon request, however, should you select uninsured shipping we will not be held responsible for loss or damage of your purchase.
All orders are shipped with delivery confirmation.  Packages typically arrive within 2-14 days from the date we receive the payment of the order.
If the order is not delivered within 45 days from the date toyoilnewyork.com received the payment, consumer is entitled to cancel the order. Then toyoilnewyork.com is obliged to refund the payment within 30 days. Products are generally shipped directly from The USA. All packages must be signed for.
IMPORTANT - If a package is returned to the warehouse because the buyer did not claim the package, toyoilnewyork.com does not send replacements.
Toyoilnewyork.com is not responsible for any actions taken by customs on your package during delivery. Toyoilnewyork.com has no control over this. Buyer is responsible for any customs charges that may be applied to your package. Customs determines these charges, and toyoilnewyork.com has no way of knowing what these charges may be.



INTERNATIONAL SHIPPING & DELIVERY
We use USPS for ALL international orders to minimize your cost.  Unfortunately USPS does not offer tracking numbers once upon scanned goods.  We will email you your USPS tracking number as soon as your order is processed by USPS and we receive the tracking information from them.



RETURNS & REPLACEMENTS
All sales are final for prints and ceramics. We do not issue refunds and allow exchanges to be made.
Returns will be accepted for fashion goods only if the return is sent within seven days of the delivery confirmation date. Products must be returned in unworn, unwashed and undamaged condition in the same packaging as received. You must notify us of any return so that we will be expecting your package. Returns that are sent without our prior knowledge will be refused. You can send back your returns using the USPS. If you choose to use an untrackable shipping method, we cannot be held responsible for packages lost in the transport. All packages are to be fully insured. There are no refunds on items damaged in shipping. In that case, you must file a claim with the carrier. We do not refund shipping costs or credit card fees. They will be deducted from the total amount of your refund. Items on clearance cannot be returned or exchanged.
When a product shows factory defects or if we shipped the wrong color or size or any other fault on our part we will pay for the transport costs in the form of a refund. In all other cases you will have to pay for the transport costs of the returned good(s).
If applicable a refund or credit to your account will be issued within 30 days. In case of an exchange and the desired product is not available you will receive a credit memo which has to be redeemed within 3 months.



​​WHOLESALE​​

Yes, it's possible to join our wholesale program. We work directly with our retailers via an online preorder system. If you are interested in carrying our brand in your store, please contact us.



CONTENTS
Unless otherwise noted, all materials, including artwork, images, illustrations, designs, icons, photographs, video clips, and written and other materials that appear as part of this Site (collectively, the "Contents") are copyrights, patent and trademark laws, trade dress and/or other intellectual properties owned, controlled or licensed by Toyoil Studio. LLC collectively, and its subsidiaries and/or affiliates. The Site as a whole is protected by copyright and trade dress, all worldwide rights, titles and interests in and to which are owned by Toyoil Studio. LLC.
Except as expressly provided in these Terms of Use, no part of the site and no content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without toyoilnewyork.com's express prior written consent.



USER COMMENTS, FEEDBACK, POSTCARDS AND OTHER SUBMISSIONS
All comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to toyoilnewyork.com on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, "Comments") shall be and remain toyoilnewyork.com 's property. Such disclosure, submission or offer of any Comments shall constitute an assignment to toyoilnewyork.com of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments.  Thus, toyoilnewyork.com will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any comments.  Toyoilnewyork.com is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments.
You agree that no Comments submitted by you to the Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s).  You further agree that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive or obscene material.  You are and shall remain solely responsible for the content of any Comments you make.
You agree that toyoilnewyork.com may use and/or disclose information about your demographics and use of the Site in any manner that does not reveal your identity.  By participating in Site sweepstakes, contests, promotions, and/or requesting promotional information or product updates, you agree that toyoilnewyork.com may use your information for marketing and promotional purposes.



TOYOIL STUDIO. LLC COMMUNICATIONS TO YOU
You agree that toyoilnewyork.com may send electronic mail to you for the purpose of advising you of changes or additions to this Site, about any of toyoilnewyork.com products or services, or for such other purpose(s) as toyoilnewyork.com deems appropriate.



DISCLAIMERS
Toyoilnewyork.com DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN 'AS-IS' AND 'AS-AVAILABLE' BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. Toyoilnewyork.com CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. Toyoilnewyork.com DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Toyoilnewyork.com DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY toyoilnewyork.com SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES.  YOUR SOLE REMEDY AGAINST toyoilnewyork.com FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
Toyoilnewyork.com reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.



INACCURACY DISCLAIMER
From time to time there may be information on toyoilnewyork.com that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability.  We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). We apologize for any inconvenience this may cause you.



INDEMNIFICATION
You agree to defend, indemnify and hold toyoilnewyork.com harmless from and against any and all claims, demands, loss, liability, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Site.

 

​LIMITATION OF LIABILITY

Except where prohibited by law, in no event will toyoilnewyork.com be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if toyoilnewyork.com has been advised of the possibility of such damages.



MISCELLANEOUS
Unless otherwise specified and except to the extent toyoilnewyork.com products are offered for sale in the United States through this Site, this Site and the Contents thereof are displayed solely for the purpose of promoting toyoilnewyork.com products and services available in the United States and select foreign markets. This Site is controlled and operated by Toyoil Studio. LLC from its offices in Brooklyn, New York.



TERMINATION
This Agreement is effective unless and until terminated by either you or toyoilnewyork.com.  You may terminate this Agreement at any time. Toyoilnewyork.com also may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, if in toyoilnewyork.com's sole discretion you fail to comply with any term or provision of this Agreement.  Upon any termination of this Agreement by either you or toyoilnewyork.com, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the terms of this Agreement or otherwise.

 

PRIVACY PREVENTION
Toyoilnewyork.com actively and aggressively enforces its intellectual property rights to the fullest extent of the law.



​VIOLATION OF THESE TERMS OF USE
Toyoilnewyork.com may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) toyoilnewyork.com's rights or property, or the rights or property of visitors to or users of the Site, including toyoilnewyork.com's customers. Toyoilnewyork.com reserves the right at all times to disclose any information that toyoilnewyork.com deems necessary to comply with any applicable law, regulation, legal process or governmental request. Toyoilnewyork.com also may disclose your information when toyoilnewyork.com determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You acknowledge and agree that toyoilnewyork.com may preserve any transmittal or communication by you with toyoilnewyork.com through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or toyoilnewyork.com determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of toyoilnewyork.com, its employees, users of or visitors to the Site, and the public.
You agree that toyoilnewyork.com may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to toyoilnewyork.com, for which monetary damages would be inadequate, and you consent to toyoilnewyork.com obtaining any injunctive or equitable relief that toyoilnewyork.com deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies toyoilnewyork.com may have at law or in equity.
You agree that toyoilnewyork.com may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.
If toyoilnewyork.com does take any legal action against you as a result of your violation of these Terms of Use, toyoilnewyork.com will be entitled to recover from you, and you agree to pay, all reasonable attorneys' fees and costs of such action, in addition to any other relief granted to toyoilnewyork.com. You agree that toyoilnewyork.com will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.



 

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​Imprint
www. toyoilnewyork.com is operated by:
Toyoil Studio. LLC
67 West Street #319
​​​​​Brooklyn, NY11222​​​​​​​​
Tel: +1 347 889 5301​
toyoilnewyork@gmail.com
Copyright ©2013 Toyoil Studio. LLC, All rights reserved.