Terms & Conditions

INC.NYC/SHOP is operated by INC Shop LLC. By visiting or using this website or any page of the web site or related services, you are agreeing to be bound by these terms of use and that such agreement constitutes a binding contract between you and INC Shop. If you do not wish to be bound by these terms of use, please do not visit or use the INC Web Site (as defined below) or any page of the INC Web Site or related services.

Introduction

INC Shop and/or its partners (together referred to as the “Company") operate this INC Web Site and associated web pages and services. For the purposes of these Terms of Use, INC Shop refers to this site, the information available on this site and its related services as the "INC Web Site".

INC Shop offers you access to the INC Web Site in exchange for your agreement to accept and comply with the terms, conditions, and notices stated herein and as may be modified by INC Shop from time-to-time. INC Shop refers to these terms, conditions and notices, whether modified or unmodified, as the "Agreement" or as the "Terms of Use." INC Shop reserves the right, in its sole discretion, to modify this Agreement and/or the INC Web Site without providing notification, but will post a notice on the INC Web Site of any material change. You are responsible for regularly reviewing this Agreement. Your use of the INC Web Site following any posted change(s) to the Terms of Use will be deemed an acceptance of such change(s).

This INC Web Site is offered and available to users who are 18 years of age or older. By using this INC Web Site, you represent and warrant that you meet the foregoing eligibility requirement. If you do not meet this requirement, you must not access or use the INC Web Site.

In addition, when using particular services or features of the INC Web Site, you shall be subject to any posted guidelines or rules applicable to such services or features, which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the Terms of Use.

Terms of Sale

CHANGING OR CANCELLING AN ORDER

To cancel a recent order please contact our concierge via phone (212) 673-1695 or email shop@inc.nyc as soon as possible. We will make every effort to accommodate your request. Our system is designed to fulfill orders as quickly as possible. As such, we are unable to cancel or change requests after 24 hours.

LEAD TIME

All of our furniture is made to order and requires at minimum an eight to sixteen week lead time.

PAYMENT OPTIONS

We accept Visa, MasterCard, American Express.

SALES TAX

Sales Tax is collected on products shipped only in states where we have a physical presence. Currently this only includes New York. In certain states, we are also required to charge tax on shipping charges. Shipments within the greater New York City area are subject to state, local and district sales tax. Shipments outside New York City but within New York are subject to the state sales tax rate only.

Use of Content

  1. Except where we specify otherwise, and subject to the limitations set forth herein, INC Shop grants you a limited, non-exclusive license to access and use the INC Web Site, provided that access to the INC Web Site is used solely for your personal, internal, non-commercial purposes only. Except as expressly provided above, nothing contained herein shall be construed as conferring, by implication, estoppel or otherwise, any license or right under any patent, trademark, copyright or other proprietary right of INC Shop. You promise that you will not use the INC Web Site, in whole or in part, for any purpose that is unlawful or prohibited by these Terms of Use or for any purposes other than those that are expressly licensed by INC Shop.

  2. You agree that you will not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, frame in another web page, use on any other web site, transfer or sell any pages, information, software, lists of users, databases or other lists, content, material, products or services provided through or obtained from the INC Web Site, or any portion thereof. You agree that you will not use the INC Web Site in any manner, which could damage, disable, overburden, or impair the INC Web Site or interfere with any other party's use and enjoyment of the INC Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the INC Web Site.

  3. Except with the written permission of INC Shop, you agree that you will not access or attempt to access password protected, secure or non-public areas of the INC Web Site. Unauthorized individuals attempting to access prohibited areas of the INC Web Site may be subject to prosecution.

  4. Except with the advanced, written permission of INC Shop, you agree that you will not create links from any web site or web page to any page within the INC Web Site with the exception, subject to the conditions of this section, of the INC Web Site homepage (the "INC Web Site homepage"). The origin of any such link to the INC Web Site homepage must be accompanied by a clear and prominent attribution indicating that the link is connected to the INC Web Site. For example, prominently positioning the "INC Shop" name such that there is clear association between the name and the destination of the link is acceptable. However, you agree that you will not juxtapose the "INC Shop" name or link with your name or any other material(s) in a manner which might give rise to any erroneous conclusion that there is any affiliation or association between INC Shop, on the one hand, and you or any other person or entity, on the other hand. You agree that if INC Shop, in its sole and unfettered discretion, requests in writing that you remove any links to the INC Web Site, including without limitation the INC Web Site homepage, you will promptly do so. You agree that you will not employ any technology that results in the placement of content from the INC Web Site in a frame and/or a reduced browser window or pop-up window and/or any other display mechanism that changes the INC Web Site from how they would appear if a user accessed the INC Web Site by typing its URL into the location bar of a typical Web browser program.

  5. You agree that INC Shop may in its sole discretion and at any time terminate your access to and use of the INC Web Site, or any part thereof, with or without notice.

  6. In order for you to participate in certain services available to customers that INC Shop provides through the INC Web Site, the Company will require that you register and provide specific information about yourself (the “Solicited Information"). If you choose to register and to participate in such services, you agree to provide true, accurate and complete information and to refrain from impersonating or falsely representing your affiliation with any person or entity. The Company is committed to maintaining the privacy and security of any and all such information that you provide to INC Shop through the INC Web Site. To that end, INC Shop urges you to review the Privacy Policy which may be accessed by clicking on the following link: Privacy Policy. The Privacy Policy is incorporated by reference into these Terms of Use.

  7. Any use of the INC Web Site with your username and password will be deemed as being used by you. INC Shop is entitled to rely on the contact and other information that is supplied to us through your registration. Your registration is non-transferable and non-assignable.

  8. By using the INC Web Site or otherwise contacting INC Shop, you consent to receiving emails and/or telephone calls from INC Shop. You must always provide accurate, current and complete information to INC Shop when contacting INC Shop.

  9. The Company reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.

  10. By using the INC Web Site, you agree to indemnify, defend and hold harmless INC Shop its employees, directors, partners, affiliates, subsidiaries and suppliers from any and all claims or damage, including attorneys’ fees, arising out of or related to: (1) content you choose to submit, post or transmit through the INC Web Site; (2) your use of or connection to the INC Web Site; (3) your violation of these Terms or Use; or (4) your violation of any rights of another.

Intellectual Property

Unless otherwise stated, the copyright and other intellectual property rights in the INC Web Site and all of its contents, features and functionality (including without limitation photographs, graphical images, information, software, text, displays, video and audio, and the design, selection and arrangement thereof) are owned by INC Shop or its licensors and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. For the purposes of these Terms of Use, any use of extracts from the INC Web Site, other than in accordance with item 5 in the Use of Content section of these Terms of Use, for any purpose is prohibited. If you breach any of these Terms of Use, your permission to use the INC Web Site automatically terminates and you must immediately destroy any downloaded or printed extracts from the INC Web Site.

For the avoidance of doubt, the trademarks, trade names and service marks (the "Marks") displayed on the INC Web Site are the property of INC Shop or other third parties. Users are not permitted to copy or otherwise use these Marks without the prior written consent of INC Shop or such third party which may own the Mark. The following list of Marks owned by INC Shop is not exhaustive, and INC Shop may own other Marks not included here: [INC Shop, INC.NYC/SHOP].

Devices

You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without our prior express written permission. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the INC Web Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure.

No Unlawful or Prohibited Use

As a condition of your use of the INC Web Site, you warrant to INC Shop that you will comply with all applicable laws, statutes, ordinances and regulations regarding your use of our service and any related activities. In addition, you warrant that you will not use the INC Web Site in any way prohibited by these terms, conditions and notices.

Links to Third-Party Websites; Disclaimer of Warranties and Liabilities

The INC Web Site may contain links to web sites operated by parties other than INC Shop. Such hyperlinks are provided for reference only. INC Shop does not control such web sites and is not responsible for their contents. INC Shop’s inclusion of hyperlinks to such web sites does not imply any endorsement of the material on such web sites or any association with their operators. If you decide to access any of the third party sites linked to the INC Web Site, you do so entirely at your own risk.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE INC WEB SITE IS AT YOUR OWN RISK. THE INC WEB SITE AND ALL INFORMATION, CONTENT, SOFTWARE, PRODUCTS OR SERVICES PROVIDED ON OR THROUGH THE INC WEB SITE ARE PROVIDED ON AN "AS IS" BASIS. INC Shop EXPRESSLY DISCLAIMS, AND YOU HEREBY WAIVE, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AND THOSE ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE, EXCEPT TO THE EXTENT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. THE COMPANY ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS.

INC SHOP MAKES NO WARRANTY THAT (I) THE INC WEB SITE WILL MEET YOUR REQUIREMENTS, (II) THE INC WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE INC WEB SITE WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE INC WEB SITE WILL MEET YOUR EXPECTATIONS, OR (V) ANY ERRORS IN THE INC WEB SITE WILL BE CORRECTED. INC SHOP WILL NOT BE LIABLE FOR ANY FAILURE, DELAY, DIFFICULTY IN USE, INACCURACY OF INFORMATION, COMPUTER VIRUSES, MALICIOUS CODE OR OTHER DEFECT IN THE INC WEB SITE, OR FOR THE INCOMPATIBILITY BETWEEN THE INC WEB SITE AND FILES AND THE USER'S BROWSER OR OTHER SITE ACCESSING PROGRAM. NOR WILL INC SHOP BE LIABLE FOR ANY OTHER PROBLEMS EXPERIENCED BY THE USER DUE TO CAUSES BEYOND INC SHOP’S CONTROL.

ANY MATERIAL VIEWED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE INC WEB SITE IS DONE SOLELY AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE VIEWING OR DOWNLOAD OF ANY SUCH MATERIAL.

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THE INC WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. INC SHOP, ITS AFFILIATES AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE INC WEB SITE AT ANY TIME. ALTHOUGH INC SHOP HAS ATTEMPTED TO PROVIDE ACCURATE INFORMATION ON THE INC WEB SITE, INC SHOP ASSUMES NO RESPONSIBILITY FOR THE ACCURACY OF THE INFORMATION. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM INC SHOP OR THROUGH OR FROM THE INC WEB SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.

IN ADDITION, THE INC WEB SITE PROVIDES A BROAD RANGE OF INFORMATION. AS A RESULT OF DIVERSE OPINIONS, THE STAFF OF INC SHOP MAY, FROM TIME TO TIME, PROVIDE INFORMATION WITH RESPECT TO SPECIFIC RECOMMENDATIONS THAT ARE DIFFERENT FROM THOSE TAKEN OR ISSUED BY ANOTHER SERVICE INC SHOP PROVIDES. Limitation on Liability

NEITHER INC SHOP NOR ANY OF ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, VENDORS OR SUPPLIERS WILL BE LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL OR INCIDENTAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT GOODS, LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE THE INC WEB SITE OR ANY INC SHOP PRODUCT OR SERVICE, OR DAMAGES FROM THE USE OF OR RELIANCE ON THE INFORMATION PRESENT ON THE INC WEB SITE, EVEN IF INC SHOP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH ANY PART OF THE INC WEB SITE, OR WITH ANY PORTION OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE INC WEB SITE.

Modification of the INC Web Site

INC Shop (and/or its suppliers) reserves the right in its sole discretion to improve, modify, add to or remove any information or content appearing on the INC Web Site. INC Shop may discontinue or revise any or all aspects of the INC Web Site in its sole discretion and without prior notice.

International Users

INC Shop encourages users from around the world to use the INC Web Site. However, if you choose to use the INC Web Site, you understand, acknowledge and agree that your use thereof is governed by these Terms of Use and the laws and regulations of the United States regarding online conduct and acceptable content. If you use the INC Web Site in a jurisdiction that prohibits or restricts such use, you agree that your use will be at your own risk, without limitation of any other provision of the Terms of Use, and that INC Shop shall not have any liability with respect to such use.

DMCA Policy

INC Shop respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the EG Copyright Agent (designated below) with the following information (the "DMCA Notice"), which is in accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"):

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

A description of the copyrighted work that you claim has been infringed;

A description of where the material that you claim is infringing is located on the INC Web Site;

Your address, telephone number, and email address;

A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

INC Shop’s Copyright Agent for notice of claims of copyright infringement on the INC Web Site is [__] .

Or send a letter detailing the above information to:

INC Shop 150 Varick St., 5th Floor New York, NY 10013 Phone: 212-673-1695

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Please be aware that if you knowingly materially misrepresent that material or activity on the INC Web Site is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA. General

This Agreement is governed by the laws of the State of New York, without regard to its conflicts of laws principles. You hereby consent to the exclusive jurisdiction and venue of courts in New York, New York, in all disputes arising out of or relating to the INC Web Site. Use of the INC Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the INC Web Site or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.

You agree that no joint venture, partnership, or employment relationship exists between you and INC Shop as a result of this Agreement or use of the INC Web Site. This Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of INC Shop’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the INC Web Site or information provided to or gathered by INC Shop with respect to such use.

Unless otherwise specified herein, this Agreement constitutes the entire agreement between you and INC Shop with respect to the INC Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and the Company with respect to the INC Web Site. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

All other feedback, comments, requests for technical support and other communications relating to the INC Web Site should be directed to: shop@inc.nyc.

Thank you for visiting the INC Web Site.


Privacy Policy

INC.NYC/SHOP (“INC Web Site”) is operated INC Shop LLC (“INC Shop”). INC Shop takes the privacy of our customers very seriously. We value our customers and respect your privacy. We collect information about you through the INC Web Site in an effort to communicate with you about our products and services. Neither your name nor anything about you is sold or shared with any other non-affiliated company or agency, except that we may share your information under certain circumstances with outside consultants or companies, but only for the purpose of enabling those consultants or companies to help this site function or assist us in our business. This Privacy Policy only covers information collected through this Website, and does not cover any information collected offline by us.

This Privacy Policy describes the Personal Information we collect about you, why we collect it, how we use it and when we share it with third parties. Our Privacy Policy also describes the choices you can make about how we collect and use certain information.

Your use of the INC Web Site is subject to your acceptance of this Privacy Policy and the Terms of Use. If you do not agree with this Privacy Policy, please do not use the INC Web Site. This Privacy Policy may change from time to time, so we encourage you to review our Privacy Policy periodically for updates. By using the INC Web Site, you unambiguously consent to INC Shop’s collection, processing, use and disclosure of your personally identifiable information consistent with the terms of this Privacy Policy. Your continued use of the INC Web Site following the posting of changes to this Privacy Policy will mean you accept those changes.

TYPES OF INFORMATION COLLECTED

The phrases “personally identifiable information” or “personal information” mean any information by which you can be identified, such as your name, address, telephone number, etc. You can visit most of our web pages without telling us who you are or revealing any personal information about yourself. If we do collect such personally identifiable information, we typically use it for the purpose of enabling us to contact you directly. Below are some examples of how such information might be collected and used.

INC may also collect non-personal data from visitors who browse the INC Web Site (often referred to as "clickstream" data), such as their IP address, the type of Web browsing software they are using, the web site they visited before linking to the INC Web Site and the web site they visit after leaving the INC Web Site.

Cookies

As part of offering and providing our products and services, INC uses cookies to store and sometimes track information about you. A cookie is a small amount of data that is sent to your browser from a web server and stored on your computer's hard drive. Where you are prompted to log-in on to the INC Web Site, or in sections of the INC Web Site that are customizable, we require that you accept cookies.

Generally, we use cookies to remind us of who you are and to access your account information (stored on our computers) in order to deliver to you a better and more personalized service. In addition (even if you have not registered with the INC Web Site), we use cookies to help us measure certain traffic patterns, which areas of the INC Web Site you have visited, and your visiting patterns in the aggregate. We use this research to understand how our users' habits are similar or different from one another so that we can make each new experience on the INC Web Site a better one. We may use this information to better personalize the content and services that you and other users will see and use on the INC Web Site.

Email Newsletter

Our email newsletter is used to communicate new product availability, store events, promotions, etc. If a user requests to receive our email newsletters, they need to provide a valid e-mail address. Real names need not be used to request newsletters. You may also receive updates from INC Shop via e-mail regarding your transactions with INC Shop and promotional material about INC Shop’s services. If you prefer not to hear from us you can opt out of e-mails. (See "Opting Out").

Opting Out

We want to communicate with you only if you want to hear from us. If you prefer not to receive information from us please let us know by sending your written request via email to info@incorporatedny.com, or via postal mail to INC Shop, 9 E 19th St, 9th Floor, New York, NY 10003. You may also contact us at (917) 673-1695. Please provide your full name, mailing address, email address, and phone number when making this request. Include your email address, full name, and specifically what information you do not want to receive. Please note that it may take up to two weeks for your request to become effective.

SSL Security

When you submit sensitive information via the checkout on our web site, such as a credit card number, that information is encrypted and protected by Secure Sockets Layer (SSL) encryption technology.

Unfortunately, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, INC Shop cannot ensure or warrant the security of any information you transmit to us or from our online products or services, and you do so at your own risk. Once we receive your transmission, we endeavor to maintain its security on our systems. By using the INC Web Site and the Internet in general, you may be subject to various risks, including among others eavesdropping, sniffing, spoofing, forgery, spamming, "imposturing", tampering, breaking passwords, harassment, fraud, electronic trespassing, hacking, system contamination including without limitation, viruses, worms, Trojan horses, causing unauthorized, damaging or harmful access and/or retrieval of information and data on your computer and other forms of activity that may be considered unlawful. Information (including registration information, passwords and content) received or delivered or intended to be made available on and through the INC Web Site may be subject to these and other security or privacy hazards or may not reach its destination or reach an erroneous address or recipient. The INC Web Site is not different than other websites in this respect. Without limitation of the foregoing, although we take seriously the security of all customer accounts and other personal and non-personal information associated with our visitors and participants, due to the open communication nature of the Internet, we cannot guarantee that your account will be free from unauthorized access by third parties.

Links and affiliates

This Privacy Policy applies only to the INC Web Site. It does not apply to any other web site linked to or from the INC Web Site. We cannot control or be responsible for the actions of such other web site operators and the existence of an affiliation with, or a link from, the INC Web Site does not mean the affiliated or linked web site has a privacy policy similar to this Privacy Policy. You should read the privacy policy of any web site linked to or from the INC Web Site.

How to contact us

If for some reason you believe that we have not adhered to the terms of this Privacy Policy, or if you have any questions or comments about this Privacy Policy, please notify us by email at shop@inc.nyc, and we will do our best to address your concerns and promptly confirm and correct any problems.