Terms of service
OVERVIEW
Welcome to Bittman's NYC! The terms “we”, “us” and “our” refer to Bittman's Best LLC, doing business as Bittman's NYC. Bittman's NYC 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”). Bittman's NYC is powered by Shopify, which enables us to provide the Services to you.
The below terms and conditions, together with any policies referenced herein (these “Terms of Service” or “Terms”) describe your rights and responsibilities when you use the Services.
Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.
By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.
SECTION 1 - ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.
To use the Services, including accessing or browsing our online stores or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide in our stores is correct, current and complete and that you have all rights necessary to provide this information.
You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.
SECTION 2 - OUR PRODUCTS
We have made every effort to provide an accurate representation of our products and services in our online stores. However, please note that colors or product appearance may differ from how they may appear on your screen due to the type of device you use to access the store and your device settings and configuration.
We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be the same as depicted or rendered in our online stores.
All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer to any person, geographic region or jurisdiction, on a case-by-case basis.
SECTION 3 - ORDERS
When you place an order, you are making an offer to purchase. Bittman's NYC reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until Bittman's NYC confirms acceptance. We must receive and process your payment before your order is accepted.
Please review your order carefully before submitting, as Bittman's NYC may be unable to accommodate cancellation requests after an order is accepted. In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the email, billing address, and/or phone number provided at the time the order was made.
Your purchases are subject to return or exchange solely in accordance with our Refund Policy.
You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.
SECTION 4 - PRICES AND BILLING
Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs or import charges.
Prices posted in our online stores may be different from prices offered in physical stores or in online or other stores operated by third parties. We may offer promotions that may affect pricing.
You agree to provide current, complete and accurate purchase, payment and account information for all purchases made at our stores. You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
You represent and warrant that: (i) the credit card information you provide is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any.
SECTION 5 - SHIPPING AND DELIVERY
We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, or events outside our control. Once we transfer products to the carrier, title and risk of loss passes to you.
SECTION 6 - INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by Bittman's NYC, its affiliates or licensors and are protected by U.S. and foreign patent, copyright and other intellectual property laws.
These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Services without our prior written consent.
Unauthorized use of the Services may be a violation of federal and state intellectual property laws. All rights not expressly granted herein are reserved by Bittman's NYC.
SECTION 7 - OPTIONAL TOOLS
You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
SECTION 8 - THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties. We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access.
We are not liable for any harm or damages related to your access of any third-party websites, or your purchase or use of any products, services, resources, or content on any third-party websites.
SECTION 9 - RELATIONSHIP WITH SHOPIFY
Bittman's NYC is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our store are made directly with Bittman's NYC. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Bittman's NYC.
SECTION 10 - PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy. Certain personal information may be subject to Shopify’s Privacy Policy.
SECTION 11 - FEEDBACK
If you submit any ideas, suggestions, feedback, reviews, or other content (“Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose.
SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on the Services that contains typographical errors, inaccuracies or omissions. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice.
SECTION 13 - PROHIBITED USES
You may access and use the Services for lawful purposes only. You may not access or use the Services for any unlawful, harmful, or prohibited purpose.
SECTION 14 - TERMINATION
We may terminate your access to the Services at any time without notice. You will remain liable for all amounts due up to and including the date of termination.
SECTION 15 - DISCLAIMER OF WARRANTIES
Except as expressly stated by Bittman's NYC, the Services and all products offered are provided “as is” and “as available” without warranties of any kind, either express or implied.
SECTION 16 - LIMITATION OF LIABILITY
To the fullest extent permitted by law, Bittman's NYC and its affiliates shall not be liable for any indirect, incidental, punitive, special, or consequential damages arising from your use of the Services or any products.
SECTION 17 - INDEMNIFICATION
You agree to indemnify and hold harmless Bittman's NYC and Shopify from any claims arising out of your breach of these Terms or your use of the Services.
SECTION 18 - SEVERABILITY
If any provision of these Terms is determined to be unenforceable, the remaining provisions shall continue in full force and effect.
SECTION 19 - WAIVER; ENTIRE AGREEMENT
These Terms constitute the entire agreement between you and us regarding your use of the Services.
SECTION 20 - ASSIGNMENT
You may not transfer or assign your rights under these Terms without our prior consent.
SECTION 21 - GOVERNING LAW
These Terms shall be governed by and construed in accordance with the laws of the jurisdiction where Bittman's NYC is headquartered.
SECTION 22 - HEADINGS
Headings are included for convenience only and do not affect interpretation.
SECTION 23 - CHANGES TO TERMS OF SERVICE
We reserve the right to update or change these Terms at any time. Your continued use of the Services following any updates constitutes acceptance of those changes.
SECTION 24 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at hello@bittmans.com.
For all inquiries, please contact us via email.
ADDITIONAL MOBILE MESSAGE SERVICE TERMS
The Bittman's NYC mobile message service (the "Mobile Service") is also operated by Bittman's Best LLC doing business as “Bittman's” (“we”, or “us”). Your use of the Mobile Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Mobile Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Mobile Service following the effective date of any such changes shall constitute your acceptance of such changes.
By consenting to our SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Bittman's NYC through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Mobile Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).
You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Bittman's NYC. Your participation in this program is completely voluntary.
We do not charge for the Mobile Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.
You may opt-out of the Mobile Service at any time. Text the single keyword command STOP to +18555949730 or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Bittman's NYC mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.
For Mobile Service support or assistance, text HELP to +18555949730 or email hello@bittmans.com. We may change any short code or telephone number we use to operate the Mobile Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.
The wireless carriers supported by the Mobile Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number. To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Mobile Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Mobile Service.
We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.