Terms of service

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BYMANYC ® NEW YORK — TERMS OF SERVICE
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LAST UPDATED: SEPTEMBER 25, 2026

OVERVIEW
Welcome to BYMANYC ® New York! The terms "we", "us" and "our" refer to BYMANYC ® New York. BYMANYC ® New York 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"). BYMANYC ® New York is powered by Shopify, which enables us to provide the Services to you. 

The terms and conditions set forth below, together with any additional policies, guidelines, or notices referenced herein or available via hyperlink (collectively, these "Terms of Service" or "Terms"), govern your access to and use of our website, digital platforms, mobile applications, and all related services, products, and features. Please read these Terms of Service carefully before accessing, browsing, or using our Services. By visiting, interacting with, purchasing from, or otherwise using our Services, you acknowledge that you have read, understood, and unconditionally agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to all the terms and conditions of this agreement, you must immediately cease accessing or using our Services.

SECTION 1 - ELIGIBILITY, ACCESS, AND ACCOUNT REGISTRATION
By agreeing to these Terms of Service, you represent and warrant that you are at least the age of majority in your state, province, or country of residence, and that you have given us your explicit consent to allow any of your minor dependents to use the Services under your direct supervision on devices you own, purchase, or manage. 

To utilize certain features of the Services, including accessing our online boutiques, placing orders, or managing a user account, you may be required to register an account and provide accurate personal and transactional details, including your full legal name, email address, billing address, payment information, and shipping address. You represent, warrant, and covenant that all information you submit to us is strictly correct, current, complete, and truthful, and that you possess all legal rights and authorizations necessary to provide such data.

You are solely and strictly responsible for maintaining the absolute confidentiality and security of your account credentials (including usernames and passwords) and for monitoring all activities that occur under your account. You are strictly prohibited from transferring, selling, assigning, licensing, or sublicensing your account or credentials to any third party. We reserve the right, in our sole discretion, to refuse service, terminate accounts, remove or edit content, or cancel orders at any time without prior notice if we suspect any fraudulent activity, security breach, or violation of these Terms.

SECTION 2 - PRODUCTS, SPECIFICATIONS, AND AVAILABILITY
BYMANYC ® New York takes immense pride in the craftsmanship, luxury standard, and curation of our apparel and accessories. We have made every reasonable commercial effort to display as accurately as possible the colors, textures, finishes, and designs of our products in our online stores. However, because display capabilities vary depending on individual monitor calibrations, hardware settings, and device types, we cannot guarantee and do not warrant that your device's display of any color, texture, or physical detail will remain entirely accurate.

All descriptions, specifications, pricing, imagery, and availability of products are subject to modification, correction, or discontinuation at any time and from time to time without prior notice, at our sole discretion. We reserve the right, but are not obligated, to limit the sales, quantities, or geographic distribution of any of our products or services to any individual person, geographic region, or legal jurisdiction on a case-by-case basis. Furthermore, we do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will precisely meet your subjective expectations or completely mirror digital representations.

SECTION 3 - ORDERS, ACCEPTANCE, AND COMMERCIAL RESTRICTIONS
When you place an order through our digital storefronts, you are making a binding formal offer to purchase products under these Terms of Service. All orders are subject to acceptance by BYMANYC ® New York. We reserve the absolute right to accept, decline, modify, or cancel any order for any reason whatsoever at our sole discretion, including but not limited to limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or identified risks of fraudulent activity. 

Your order is not officially accepted until BYMANYC ® New York issues an explicit order confirmation via email or dispatches the merchandise. Full payment must be authorized, received, and processed successfully prior to order fulfillment. Please review your order details meticulously prior to final submission, as we cannot guarantee the accommodation of cancellation or modification requests once an order enters fulfillment processing. 

Unless expressly agreed upon in writing by authorized representatives of BYMANYC ® New York, you represent, warrant, and covenant that all purchases made through our Services are strictly for your own personal, household, or non-commercial use, and are expressly not intended for commercial resale, unauthorized distribution, parallel importation, or commercial export.

SECTION 4 - PRICING, FINANCIAL TERMS, AND BILLING
All prices, special discounts, promotional campaigns, and fees posted on our Services are subject to change at any time without prior notice. The price charged for a product or service shall be the exact price in effect at the time the order is successfully placed, as reflected in your formal order confirmation. Unless expressly stated otherwise, posted prices do not include applicable sales taxes, value-added taxes (VAT), duties, shipping, handling, customs, or import clearance charges, all of which remain your sole financial responsibility.

Prices listed on our digital stores may differ from prices offered through physical pop-up locations, wholesale platforms (such as Faire or FashionGo), or third-party retail partners. From time to time, we may offer promotional codes, discounts, or special campaigns governed by distinct terms; in the event of a direct conflict between promotional terms and these Terms, the specific promotional terms shall govern.

You agree to provide current, complete, accurate, and up-to-date purchase, billing, and account information for all transactions executed through our stores. You agree to promptly update your account records, payment methods, billing addresses, email addresses, and credit card expiration dates to ensure seamless transaction processing and communication. By submitting payment information, you represent and warrant that: (i) you are duly authorized to use the designated credit card, debit card, or payment account; (ii) all billing details provided are true and correct; (iii) charges incurred by you will be honored and processed by your financial institution or payment provider; and (iv) you agree to pay all charges incurred at the posted prices, including all applicable shipping fees and taxes.

SECTION 5 - SHIPPING, RISK OF LOSS, AND DELIVERY
Fulfillment and shipping timelines provided across our platforms are estimates only and do not constitute firm guaranteed delivery dates. BYMANYC ® New York shall not be held liable or responsible for any shipping delays, carrier bottlenecks, customs inspection holds, warehousing backlogs, or delivery failures arising from events outside of our direct operational control (including force majeure events, carrier disruptions, or international logistics strikes).

Unless otherwise agreed in writing, fulfillment is executed via recognized carriers (such as USPS, 4PX, or specialized logistics providers). Title to products and the absolute risk of loss or damage to merchandise passes directly to you upon our physical transfer of the products to the designated shipping carrier. Any claims for damaged packages, missing contents, or transit discrepancies must be filed directly by the customer with the respective shipping carrier in accordance with their established policies.

SECTION 6 - INTELLECTUAL PROPERTY RIGHTS AND BRAND OWNERSHIP
The name "BYMANYC ® New York", our official logo, brand assets, and all proprietary visual elements are protected trademarks. All content included on or comprising the Services—including without limitation trademarks, service marks, trade names, brand styling, logos, text, displays, graphics, photographs, artwork, product reviews, video recordings, audio tracks, software code, and the overall design, selection, compilation, and arrangement thereof—is the exclusive property of BYMANYC ® New York, its corporate affiliates, or its licensors, and is fully protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms grant you a limited, revocable, non-exclusive, non-transferable, and non-sublicensable license to access and view the Services strictly for your personal, non-commercial use. You are strictly prohibited from reproducing, distributing, modifying, creating derivative works of, publicly displaying, publicly performing, republishing, downloading, storing, transmitting, scraping, or exploiting any portion of the material on our Services without our explicit prior written consent. 

Nothing contained within these Terms or the Services shall be construed as conferring by implication, estoppel, or otherwise any license or right under any patent, copyright, trademark, or other intellectual property right of BYMANYC ® New York, Shopify, or any third party. Any unauthorized use, exploitation, or misappropriation of our intellectual property constitutes a material breach of these Terms and a violation of applicable federal, state, and international laws. All rights not expressly granted herein are fully reserved by BYMANYC ® New York.

SECTION 7 - THIRD-PARTY TOOLS, EMBEDDED FEATURES, AND HYPERLINKS
Our Services may provide you with access to optional third-party customer tools, applications, plug-ins, or widgets over which we neither exercise technical control, monitoring, nor input. You acknowledge and agree that we provide access to such optional third-party tools on an "as is" and "as available" basis, without any warranties, representations, or conditions of any kind, and without any formal endorsement. We assume zero liability whatsoever arising from or relating to your use of optional third-party tools. Your utilization of such tools is entirely at your own risk and discretion, and you must ensure you review and approve the applicable terms provided by the relevant third-party provider(s).

Additionally, our Services may contain hyperlinks, embedded functionalities, or references to external websites operated by third parties. We are not responsible for examining, auditing, or evaluating the content, accuracy, security, or privacy practices of any third-party sites. We shall not be held liable for any harm, losses, or damages related to the purchase or use of goods, services, resources, content, or transactions made through any third-party websites.

SECTION 8 - RELATIONSHIP WITH SHOPIFY
[NOTE TO MERCHANT: This section accurately characterizes Shopify's infrastructure role and must not be removed or altered.]
BYMANYC ® New York is hosted and powered by Shopify, which provides the underlying e-commerce software infrastructure enabling us to deliver the Services to you. However, all commercial transactions, sales contracts, and customer engagements are executed directly between you and BYMANYC ® New York. By using the Services, you acknowledge and agree that Shopify is not a party to your transactions, acts merely as a technology host, and bears no responsibility or liability for any aspect of sales, product performance, injury, damage, or financial loss resulting from products purchased through our store. You hereby expressly release Shopify, its parent companies, subsidiaries, and affiliates from any and all claims, demands, damages, and liabilities of every kind arising from or related to your purchases and interactions with BYMANYC ® New York.

SECTION 9 - PRIVACY POLICY AND DATA PROCESSING
All personal data and customer information collected, processed, or stored through your use of the Services is governed by our comprehensive Privacy Policy [LINK], which is incorporated herein by reference. Because our digital storefront is hosted by Shopify, Shopify concurrently collects and processes certain access and usage data in accordance with its own consumer privacy policies and data governance standards. By accessing our Services, you acknowledge that you have read and understood our data practices and those of our hosting provider.

SECTION 10 - USER FEEDBACK, REVIEWS, AND SUBMISSIONS
If, at our request or voluntarily, you send, upload, post, email, or otherwise transmit creative ideas, suggestions, proposals, reviews, photographs, plans, feedback, or other materials (collectively, "Feedback"), whether online, via email, through social media, or otherwise, you grant BYMANYC ® New York a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, and display such Feedback in any media, format, or technology now known or hereafter developed, for any commercial or non-commercial purpose whatsoever, without compensation, attribution, or restriction.

You represent and warrant that: (i) you own or control all rights to the Feedback you submit; (ii) your Feedback does not violate the intellectual property, privacy, publicity, or proprietary rights of any third party; (iii) you have fully disclosed any commercial incentives or compensation received in connection with your review; and (iv) your Feedback contains no malicious software, viruses, or unlawful elements. We maintain the right, but hold no obligation, to monitor, edit, or remove any Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or in violation of these Terms.

SECTION 11 - ERRORS, INACCURACIES, AND OMISSIONS
Occasionally, information presented on our Services may contain typographical errors, inaccuracies, or omissions concerning product descriptions, pricing, promotional offers, shipping charges, transit times, inventory availability, or service features. We reserve the absolute right to correct any errors, inaccuracies, or omissions, and to modify, update information, or cancel orders if any information on the Services is inaccurate at any time without prior notice (including after an order has been submitted or payment has been processed). We undertake no affirmative duty to update, amend, or clarify information on the Services except as required by applicable law.

SECTION 12 - PROHIBITED USES AND CONDUCT RESTRICTIONS
You are granted a limited right to access and use the Services strictly for lawful, personal shopping purposes. You are strictly prohibited from using the Services, directly or indirectly:
(a) For any unlawful, fraudulent, or malicious purpose;
(b) To violate any international, federal, state, provincial, or local laws, regulations, ordinances, or rules;
(c) To infringe upon, misappropriate, or violate our intellectual property rights or the intellectual property rights of others;
(d) To harass, abuse, insult, harm, defame, slander, disparage, intimidate, stalk, or discriminate against any of our employees, representatives, partners, or customers;
(e) To submit, transmit, or circulate false, misleading, or deceptive information;
(f) To upload, transmit, or distribute viruses, worms, Trojan horses, or any other type of malicious code designed to affect the functionality, security, or operation of the Services or related networks;
(g) To spam, phish, pharm, pretext, or scrape data from our systems;
(h) To deploy or utilize any automated systems, bots, spiders, scraping tools, data gathering mechanisms, or autonomous AI agents (including agentic AI frameworks) to access, interact with, or extract data from the Services without our express written authorization; or
(i) To interfere with, bypass, disable, or circumvent any security features, authentication protocols, rate limiters, or technological protection measures implemented on the Services.

We reserve the right to immediately suspend, restrict, disable, or terminate your access to the Services and your account at any time without notice if we determine, in our sole discretion, that you have violated any provision of these prohibited uses or these Terms.

SECTION 13 - AUTOMATED ACCESS AND AGENT RESTRICTIONS
13.1 This Section applies to any software, script, bot, automated program, or autonomous/semi-autonomous service (collectively, an "Agent") that accesses, interacts with, or attempts to utilize our Services.
13.2 No Agent may access or interact with our Services unless it explicitly and transparently identifies itself in all HTTP/HTTPS requests by including its proper identification within the user-agent string in the format: "Agent/[AgentName]".
13.3 Agents are strictly prohibited from concealing their automated nature, mimicking human behavioral patterns, attempting to solve or bypass CAPTCHAs, or circumventing technological access controls. 
13.4 We retain the absolute right to block, rate-limit, or technically restrict any Agent from accessing our digital infrastructure at our sole discretion.

SECTION 14 - TERMINATION OF AGREEMENT
These Terms of Service are effective unless and until terminated by either you or BYMANYC ® New York. You may terminate these Terms at any time by notifying us that you no longer wish to use our Services, or by ceasing all use of our website and accounts.

BYMANYC ® New York may terminate or suspend this agreement and your access to the Services at any time, with or without notice, in our sole discretion, for any reason whatsoever (including suspected breach of these Terms). Upon termination, you remain liable for all outstanding financial obligations incurred up to and including the date of termination. Provisions relating to Intellectual Property, Feedback, Disclaimer of Warranties, Limitation of Liability, Indemnification, Governing Law, and General Provisions shall survive any formal termination of these Terms.

SECTION 15 - DISCLAIMER OF WARRANTIES
THE SERVICES, ALL INFORMATION, CONTENT, MATERIALS, AND PRODUCTS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES ARE PROVIDED BY BYMANYC ® NEW YORK ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. BYMANYC ® NEW YORK MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES, OR THE ACCURACY, COMPLETENESS, RELIABILITY, OR CURRENCY OF THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED THEREIN. 

EXCEPT AS EXPRESSLY STATED BY US, YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICES IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BYMANYC ® NEW YORK DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES, OUR SERVERS, OR ELECTRONIC COMMUNICATIONS SENT FROM US ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU.

SECTION 16 - LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BYMANYC ® NEW YORK, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, PARTNERS, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS, LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SECTION 17 - INDEMNIFICATION
You agree to defend, indemnify, and hold harmless BYMANYC ® New York, Shopify, and our parent companies, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to: (1) your breach of these Terms of Service or the documents they incorporate by reference; (2) your violation of any law or the rights of any third party; or (3) your access to, use of, or misuse of the Services.

SECTION 18 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service; such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 19 - ENTIRE AGREEMENT AND WAIVER
Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. 

These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Services constitute the entire agreement and understanding between you and us, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 20 - ASSIGNMENT
You may not assign, transfer, or delegate these Terms of Service or any of your rights or obligations hereunder, in whole or in part, without our prior written consent, and any attempted assignment in violation of this section shall be null and void ab initio. BYMANYC ® New York may freely assign, transfer, or delegate these Terms and any of our rights and obligations hereunder without restriction, condition, or prior notice to you.

SECTION 21 - GOVERNING LAW AND JURISDICTION
These Terms of Service, your use of the Services, and any separate agreements whereby we provide you products or services shall be governed by, construed, and enforced in accordance with the laws of the jurisdiction where BYMANYC ® New York maintains its principal operational headquarters, without regard to conflict of law principles. Any legal action, suit, or proceeding arising out of or relating to these Terms or the Services shall be brought exclusively in the competent courts located within our primary jurisdiction, and you hereby irrevocably consent to the personal jurisdiction and venue of such courts.

SECTION 22 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page. We reserve the right, at our sole discretion, to update, change, modify, or replace any part of these Terms of Service by posting updates and revisions to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Services following the posting of any changes to these Terms of Service constitutes acceptance of those modified terms.

SECTION 23 - CONTACT INFORMATION
Questions, formal inquiries, or legal notices regarding the Terms of Service should be sent to us at shop@bymanyc.art.

Our official contact details:
BYMANYC ® New York
Email: shop@bymanyc.art
Website: https://www.bymanyc.art