Terms of service

Throughout the site, the terms “Oscar Massin” “we”, “us” and “our” refer to Oscar Massin. Oscar Massin offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here in accordance with the following Terms and Conditions, and any other rules posted on our Site (collectively, the "TAC"). Please read the TAC carefully before placing any orders on www.oscarmassin.com. We may modify the TAC from time to time. If you do not agree to any change to the TAC then please do not use or shop on Oscar Massin. Unless required by law, any changes made after you have placed an order will not affect that order.

Oscar Massin is a Delaware corporation with its principal place of business at 1230 Avenue of the Americas #1635 New York, NY 10020.

To use some of the services or features made available to you on this Site you will need to register. When you register you are required to provide information about yourself. You represent and warrant that the information that you submit is true and accurate. Should any of your registration information change, please notify us immediately at the following e-mail address hello@oscarmassin.com. We may change our registration process and requirements at any time.

The account password you provide should be unique and kept secure, and you must notify Oscar Massin immediately of any breach of security or unauthorized use of your account. Although Oscar Massin will not be liable for your losses caused by any unauthorized use of your account, you may be liable for Oscar Massin's losses or others due to such unauthorized use.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“TAC”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These TAC apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please refer to our Privacy Policy for information about how we use your data. It includes important information about how we collect and use your data. By using the Site, you consent to the use of your data as described in our Privacy Policy and you warrant that all data provided by you is accurate.
Any new features or tools which are added to the current store shall also be subject to the TAC. You can review the most current version of the TAC at any time on this page. We reserve the right to update, change or replace any part of these TAC by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you. 

1. Online Store terms. By agreeing to these TAC, you represent that you are at least the age of majority in your state or province of residence, or that you are 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 this site.
   You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
   You must not transmit any worms or viruses or any code of a destructive nature.
   A breach or violation of any of the Terms will result in an immediate termination of your Services
   
   
2. Our Services. We reserve the right to refuse service to anyone for any reason at any time. The Services we offer allow you to search through the Site and purchase products on www.oscarmassin.com (collectively, the “Service”). When you purchase products using the Site, you understand that while payment may be made to Oscar Massin, fulfillment of such purchase will be handled by Oscar Massin as well.
   As part of the Services, we also provide ancillary services such as arranging delivery of the products, providing you with customer service assistance, special product care assistance, and payment processing.
   You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
   You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
   The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
   
   
3. Eligibility to Purchase. The Site is available only to individuals and others who meet the Oscar Massin terms of eligibility.
   The purchase of merchandise through Oscar Massin is strictly limited to parties who can lawfully enter into and form contracts on the Internet in accordance with the laws of the State of New York. Products purchased must be for personal use only (including gifting to others). You agree that you will not use the products for any commercial, business or re-sale purposes.
   By placing an order, you are promising that all details you provide are true and accurate, that you are over 18 years of age, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds in the account to cover the cost of your order. In order to make purchases on the Site you will be required to provide your personal details. In particular, you must provide your real name, phone number, e-mail address and other requested information as indicated. Furthermore, you will be required to provide payment details that you represent, and warrant are both valid and correct and you confirm that you are the person referred to in the billing information provided.
   By making an offer to purchase merchandise, you expressly authorized us to perform credit checks and, where Oscar Massin feels necessary, to transmit or to obtain your credit card information or credit report information (including any updated information) to or from third parties solely to authenticate your identity, to validate your credit/debit card, to obtain an initial credit card authorization and/or to authorize individual purchase transactions. You further agree that we may use Personal Information provided by you in order to conduct appropriate anti-fraud evaluations including, but not limited to providing personal Information that you provide to a credit reference or fraud prevention agency, which may keep a record of that information. Please refer to our Privacy Policy for further information about how we use your data.
   
   
4. Accuracy, completeness and timeliness of information. We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
   This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
   
   
5. Products or Services (if applicable). Certain products or services may be available exclusively online through the website www.oscarmassin.com. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
   We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
   We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
   We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
   
   
6. Orders. All orders are subject to acceptance and availability. Items in your shopping basket are not reserved and may be purchased by other customers. Oscar Massin offers products for sale that are in stock or will be in stock in the future and available for dispatch either immediately or at a later time. This Shipping window is displayed on all products’ pages and on the cart and checkout pages. Occasionally however, we may be waiting for special products to be available and therefore you may be given the possibility to proceed with the payment of your product to reserve it and have it delivered at a later date (an “Advance Payment”). Your rights regarding Advance Payment are the same as those for any other purchase at Oscar Massin. Please be aware that we may be unable to deliver selected Advance Payment merchandise due to production problems or quality check issues identified. In these circumstances we will notify you by email and refund the Advance Payment to your credit/debit card within thirty days of being advised that merchandise has become unavailable.
   If you have registered your email address for notification of the arrival of a specific product featured on our Site, we will attempt to notify you by email within 48 hours of the product becoming available on the Site. Please note that on occasion certain products that are in particularly high demand will sell out during this period. The Site allows you to check your order and correct any errors before completing a purchase. Please check your order as you are responsible for ensuring that the information you provide is accurate (for example, quantities, sizes).
   When you submit your order, we carry out a standard pre-authorization check on your payment card, and products will not be dispatched until the details you have provided are verified. You will receive an email confirming receipt of your order. This email is only an acknowledgement for information purposes and it does not constitute acceptance of your order.
   
   
7. Acceptance of Your Order. Unless you cancel your order, acceptance of your order will take effect upon completion of the packing of your order. Upon dispatch of the goods to you, you will receive a second email containing a tracking number and confirming that your order has been shipped or is available for in-store pickup. Neither any third-party payment vendor nor our freight or shipping courier has the authority to accept an order on behalf of Oscar Massin. In the unlikely event that we or the Partner encounter a problem when processing your order, we will contact you and may possibly request further information to try and resolve the issue.
   
   
8. Accuracy of billing and account information. We reserve the right not to accept your order in the event, for example, that we are unable to obtain authorization for payment, that shipping restrictions apply to a particular item, that the item ordered is out of stock or does not satisfy our quality control standards and is withdrawn, or that you do not meet the eligibility criteria set-out within the TAC.
   We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
   You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
   Furthermore, we may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any merchandise from the Site whether that merchandise has been sold or removed, or content on the Site is edited.
   Occasionally, we may discover an error in the pricing of a product in your order, we will let you know as soon as possible. We shall be under no obligation to accept or fulfill an order for a product that was listed at an incorrect price and reserve the right to cancel such an order that has been accepted or is in transit. If you order a product that is priced incorrectly for any reason, we will email or telephone you to inform you that we have not accepted your order and/or that the relevant part of your order has been canceled. If you have already paid for the goods, we shall refund the full amount as soon as we are able. If products are recalled in transit, we will process your refund once the products have been returned to us.
   If your order is accepted, we will send you a confirmation email which will include a description of the products purchased in the order, the identity of the Partner, and certain other information about your rights to cancel the contract.
   
   For more detail, please review our Returns Policy.
   
   
9. Pricing Policy. Prices shown on the Site are in US Dollars and local sales tax will be charged on all orders (if and where applicable). Many states require customers to file a sales/use tax return at the end of the year reporting all taxable purchases that were not taxed and to pay tax on those purchases. For more details, please contact your respective taxing authorities.
   From time to time, prices may increase or decrease due to markdowns and other commercial factors without notice. The price applicable to your order will be the price at the time your order is accepted. If you are a customer whose credit/debit card is not denominated in US Dollars, the final price will be calculated in accordance with the applicable exchange rate on the day your card issuer processes the transaction.
   We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
   We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
   
   
10. Payment. Payment can be made by Visa, MasterCard, American Express, wire transfer and any other methods which may be clearly advertised on the Site. You can also choose to pay with PayPal. When selecting this option at checkout, you will be directed to the PayPal site to 'Log In' and review the amount shown before clicking 'Pay Now'. Once this transaction is complete, you will then return to Oscar Massin.com. Payment will be debited and cleared from your account upon completion of the packing of your order by Oscar Massin. You confirm that the credit/debit card that is being used is yours or that you have been specifically authorized by the owner of the credit/debit card to use it. All credit/debit card holders are subject to validation checks and authorization by the card issuer.
    If the issuer of your credit/debit card refuses to authorize payment to Oscar Massin, we will not be liable for any delay or non-delivery. Occasionally, high demand will result in out-of-stock situations. If we don't have an item that you have ordered in stock, we'll notify you by email immediately. If an item is out of stock and not expected to come back in stock, we will cancel the item. In this case, if you paid with a credit/debit card, we will not charge you for the item or any taxes, shipping or handling charges.
    We take reasonable care to make our Site secure. All credit/debit card transactions on this site are processed using Shopify Payment Gateway, a secure online payment gateway that encrypts and stores your card details in a secure host environment. These details will only be used to process card transactions which you have initiated. Only the last 4 digits of your credit card number are visible to us. To help ensure that your shopping experience is safe, simple and secure Oscar Massin uses Secure Socket Layer (SSL) technology. Except for gross negligence on our part, we shall not be liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from the Site.
    
    
11. Gift Cards. Oscar Massin Gift Cards are sold subject to the following terms and conditions:
    (a) No fees are imposed, and they can be redeemed against all products on Oscar Massin’s site except if expressed otherwise.
    (b) They do not expire unless expressed otherwise, and You will retain the remaining value on the Gift Card If your order total is less than the value on the Gift Card.
    (c) They are non-transferable and may not be returned or redeemed for cash as they have no cash value.
    (d) If you return products, you have purchased using a Gift Card, the remaining balance will be credited to your account as store credit and will be redeemed against subsequent orders.
    (e) Virtual Gift Cards will be e-mailed to the recipient once the full order has been processed and payment has been taken. A copy will also be sent to the sender as confirmation.
    (f) We are not liable for delivery of a Virtual Gift Card to an incorrect or non-existent email address, this is the sole responsibility of the purchaser
    (g) We are not responsible if a Gift Card is lost, stolen, destroyed or used without permission.
    (h) We reserve the right to cancel a Gift Card if we deem such action necessary.
    (i) Promotion codes cannot be applied to the purchase of Gift Cards
    (j) Sales tax and shipping is applicable on any products purchased with a Gift Card
    (k) Shipping is applicable on Printed Gift Cards.
    
    
12. Promotion Codes. Promotion codes are non-transferable; cannot be used in conjunction with any other promotion code or offers; and must be redeemed by the date indicated. All promotional offers from oscarmassin.com are provided at Oscar Massin's discretion and may be modified or discontinued at any time without notice. Exclusive prices and promotions are available only at oscarmassin.com.
    
    
13. Giveaway. From time to time, Oscar Massin can conduct in its sole initiative or in partnership with third parties giveaways. The terms and conditions might vary depending on the giveaway but be read on this page.
    
    
14. Insurance and Delivery. Unless otherwise agreed, products shall be shipped DDP Oscar Massin’s designated location (Incoterms 2010). Oscar Massin insures each purchase during the time it is in transit until it is delivered to your specified delivery address. We require a signature for any goods delivered, at which point responsibility for your purchased goods passes to you. If you have specified a recipient who is not you for delivery purposes (for example as a gift or where you have a concierge or doorman receiving the package) then you agree that a signature by them on your behalf (or at that delivery address) is evidence of delivery and fulfillment by Oscar Massin, and transfer of responsibility in the same way. The goods are your responsibility from the time we deliver them to the address you gave us. You will own the goods at the later of when: (a) we receive payment in full, or (b) we deliver the goods to you.
    If delivery is delayed by any event outside of our control, we will contact you as soon as possible and we will take steps to minimize the effect of the delay. We will not, however, be liable for delays caused by the event. If there is a risk of substantial delay you may contact us to cancel your order and we will give you a refund for any goods you have paid for but not received.
    Delivery times may vary depending on the availability of the products and your delivery address. Delivery times, including for same day delivery, are estimates only and cannot be guaranteed. The product(s) will be delivered to you directly by the Partner(s) so your order may arrive in multiple deliveries and at different times.
    If no one is available at your address to sign for your order, our delivery partner will leave you a note and you will need to contact them to rearrange delivery.
    We also offer the option to collect your order from a participating Partner. Please contact our customer care curator team at hello@oscarmassin.com for more details.
    
    
15. Returns. Items must be returned unused. Returned items must include all manuals, warranty cards/booklets, packaging, and certifications originally accompanying the order. In addition and if attached to your product, the Oscar Massin security tag must remain attached and not show any signs of wear, be bent in any way, or show any signs of tampering. Please email hello@oscarmassin.com immediately if any of your purchases have not been delivered with an Oscar Massin security tag. Returns that are damaged or do not comply with the above will not be accepted and will be returned to the customer.
    All returns must be requested before you send your item(s) back to us to allow for easy identification and prompt processing. You must request your return and send your unwanted item(s) back to us within 60 days from the date the order was shipped to you for a refund of the value of the item only. Please refer to our Returns policy for further details on how to request your return.
    Any product marked as “Final Sale” on the Site cannot be returned or exchanged.
    Please note that in certain cases we may reject your return of a product and Oscar Massin may, at its sole discretion, choose to purchase the product from you. You agree that legal title to such product will automatically pass to Oscar Massin upon our choosing to purchase such product from you.
    While Oscar Massin offers a very flexible return policy, we analyze the number of returns made by customers. We reserve the right to refuse any order from an account that exhibits continued returns experience and, at our discretion, the closure of such accounts.
    
    
16. Intellectual property. You acknowledge and agree that all copyright, designs, trademarks and all other intellectual property and material rights relating to the Content (as defined below), including Oscar Massin Software and all HTML and other code contained in this Site, shall remain at all times vested in Oscar Massin and/or are the property of their respective owners. All such Content, including third party trademarks, designs and related intellectual property rights mentioned or displayed on this Site are protected by federal and state laws and regulations and international treaty provisions. Except where expressly stated to the contrary, all persons (including their names and images), third party trademarks and images of third party products, services and/or locations featured on the Website are in no way associated, linked or affiliated with us. Any trademarks/names featured on the Site are owned by the respective trademark owners.
    You are permitted to use the Content only as expressly authorized by Oscar Massin and/or its third-party licensors or providers. You must not systematically re-use or extract parts of the Site or the Content. In particular, you must not use any data mining, robots, or similar data gathering and extraction tools to extract for re-use any parts of the Site including but not limited to creating or publishing any major parts of the Site (e.g. our blogs, prices or product listings) without our prior written consent. Violators will be prosecuted fully under applicable law. Without limiting the foregoing, copying and use of the above listed materials to any other server, location or support for publication, reproduction or distribution is expressly prohibited.
    
    
17. Content, errors, inaccuracies and omissions. "Content" is defined as all information such as the "look and feel" of the Site, data files, graphics, text, photographs, drawings, logos, images, sounds, music, video or audio files on this Site. While Oscar Massin tries to ensure that the information on this site is accurate and complete, we do not warrant or represent that Oscar Massin’s Content is error-free or reliable or that your use of Oscar Massin’s Content will not infringe rights of third parties. Oscar Massin does not warrant that the Site or Content or the underlying server environment are free of viruses or other harmful components. Oscar Massin and its suppliers make no warranties about our Content, software text, downloads, graphics, and links. You bear the entire risk of the completeness, accuracy or usefulness of any Content found on this Site. Oscar Massin reserves the right to withdraw, any Content from this Site at any time and for any reason without notice.
    Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
    We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
    You also grant Oscar Massin the right to use any content you provide for its own purposes including republication in any form or media. We do not commit to checking all content and will not be liable for third party posts. If you have a complaint about any posts please email hello@oscarmassin.com. We reserve the right at our sole discretion not to publish or to remove any comments, including but not limited to comments We believe may be unlawful, defamatory, racist or libelous, or detrimental to people's privacy. We also reserve the right to remove or not publish any comment that is detrimental to trademarks and copyrighted content, contains personal data, or improperly uses the Site for promoting and advertising businesses. Information you consider confidential should not be posted to this site.
    The opinions of any third parties we associate with are their own and do not necessarily reflect the views of Oscar Massin and we accept no responsibility for any such views expressed in any media.
    
    
18. Prohibited uses. In addition to other prohibitions as set forth in the TAC, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
    
    
19. Your Activity & Personal information. Your use of this Site is at your sole risk. You agree that you will be personally responsible for your use of this Site and for all of your communication and activity on this Site. We reserve the right to deny you access to this Site, or any part of this Site, at any time without notice. If we determine, in our sole discretion, that you engaged in prohibited activities, were not respectful of other users, or otherwise violated the TAC, we may deny you access to this Site on a temporary or permanent basis. If your use of this Site results in the need for servicing or replacing property, material, equipment or data, We are not responsible for those costs. Without limiting the foregoing, everything on the Site’ is provided to you "as is" and without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, reasonable care and skill, or non-infringement.
    You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) which may be affixed to or contained within the Site. You agree not to collect any personally identifiable information, including account names, from the Site, nor to use the Site for any commercial solicitation purposes. Furthermore, You agree this Site is for your personal non-commercial use only and that you will not use the Site, or any of its Content, to further any commercial purpose, including any advertising revenue generation activity on your own Site.
    Your submission of personal information through the store is governed by our Privacy Policy.
    
    
20. User comments, feedback and other submissions. If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
    We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these TAC.
    You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
    
    
21. Third Parties. Certain content, products and services available via our Service may include materials from third-parties. We may include hyperlinks on this Site to other websites or resources operated by parties other than Oscar Massin, including advertisers. We have not reviewed all of the sites linked to it’s the Site and are not responsible for their content or accuracy nor are we responsible for the availability of such external websites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external websites or resources.
    Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
    We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
    The Site also contains services (including add-ons applications) offered by third parties other than Partners (the “3rd Party Services”). Your use of these 3rd Party Services may be subject to additional terms and conditions. We disclaim any responsibility or liability in connection with your use of any 3rd Party Services. We reserve the right to suspend, withdraw, terminate and/or amend your access to the these 3rd Party Services, in the event that you breach any 3rd Party Services’ terms and conditions. Use of 3rd Party Services is entirely at your own risk. We make no guarantee that any or all features of 3rd Party Services will work on any particular device.
    
    
22. Optional tools. We may provide you with access to third-party tools over 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 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).
    We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these TAC.
    
    
23. Indemnification. At our request, you fully agree to indemnify, defend and hold harmless Oscar Massin and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, affiliates, service providers, licensors, subcontractors, suppliers, interns and employees, from and against all liabilities, claims, expenses, damages and losses, including legal fees, arising from any breach of the TAC by you or any other liabilities arising out of your use of this Site or by any third-party due to or arising out of your breach of these TAC or the documents they incorporate by reference, or your violation of any law or the rights of a third-party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder. This defense and indemnification obligation will survive these TAC and your use of the Site and the Services.
    
    
24. DISCLAIMERS. THE SITE AND THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OSCAR MASSIN DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, ANY IMPLIED WARRANTIES THAT ARISE FROM COURSE OF DEALING OR USAGE OF TRADE OR BUSINESS, AND THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. YOU ASSUME ALL RISK TO THE SUITABILITY, QUALITY, AND PERFORMANCE OF THE SITE. OSCAR MASSIN MAKES NO WARRANTY OR REPRESENTATION THAT THE SITE IS ERROR FREE, WILL OPERATE WITHOUT INTERRUPTION OR WITHOUT DEFECT, THAT DATA STORED WITHIN THE WEBSITE AND/OR BY OSCAR MASSIN PURSUANT TO THESE TERMS WILL NOT BE LOST, OR THAT THE SERVICE, SITE, OR CONTENT IS, AT ALL TIMES, ACCURATE, RELIABLE OR COMPLETE. OSCAR MASSIN DISCLAIMS ANY WARRANTY, COVENANT OR REPRESENTATION UNDER THESE TERMS TO ANY PERSON OTHER THAN YOU.
    We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
    We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
    You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
    You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
    
    
25. LIMITATION OF LIABILITY. REGARDLESS OF THE THEORY OF LAW, IN NO EVENT SHALL OSCAR MASSIN, ITS EMPLOYEES, AGENTS OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, LOST DATA, REVENUE, OR PROFITS OR OTHER ECONOMIC ADVANTAGE BUSINESS INTERUPPTION OR USE) DAMAGES WHATSOEVER), EVEN IF OSCAR MASSIN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, OSCAR MASSIN, ITS EMPLOYEES, AGENTS, OR AFFILIATES WILL NOT BE RESPONSIBLE FOR ANY COMPENSATION, REIMBURSEMENT, OR DAMAGES ARISING IN CONNECTION WITH: (I) THE INABILITY TO USE THE SITE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES; (III) ANY INVESTMENTS, EXPENDITURES, OR COMMITMENTS BY EITHER YOU OR US IN CONNECTION WITH THE TAC OR ACCESS TO THE SITE; OR (IV) ANY UNAUTHORIZED ACCESS TO, ALTERATION OF, OR THE DELETION, DESTRUCTION, DAMAGE, LOSS OR FAILURE TO STORE ANY OF YOUR DATA. IN THE EVENT THAT THE FOREGOING DISCLAIMER OF DAMAGES IS STRICKEN BY A COURT OF LAW, OSCAR MASSIN’S AGGREGATE LIABILITY UNDER THESE TERMS WILL BE LIMITED TO ONE HUNDRED DOLLARS ($100).
    In no case shall Oscar Massin, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors 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 service or any products procured using the service, or for any other claim related in any way to your use of the service 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 service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
    
    
26. General.
    (a) Complete Terms: The TAC constitute the whole legal agreement between you and Oscar Massin and govern your use of the Services and completely replace any prior agreements between you and Oscar Massin in relation to the Services. Notwithstanding the foregoing, you understand that Oscar Massin may make changes to the TAC from time to time. When these changes are made, Oscar Massin will make a new copy of the TAC available at https://www.oscarmassin.com. You agree that Oscar Massin is under no obligation to provide you with notices regarding changes to the TAC.
    (b) Confidentiality: You understand that Oscar Massin grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Oscar Massin reserves the right to revoke these exceptions either generally or in specific cases.
    (c) Liability in the Event of Breach: You agree that you will comply with all of the provisions of the TAC. You understand that you are solely responsible for (and that Oscar Massin has no responsibility to you or to any third party for) any breach of your obligations under the TAC and for the consequences including any loss or damage which Oscar Massin may suffer) of any such breach.
    (d) Rights Not Waived: You agree that if Oscar Massin does not exercise or enforce any legal right or remedy which is contained in the TAC, this is not a formal waiver of Oscar Massin's rights and that those rights or remedies will still be available to Oscar Massin.
    (f) Termination: The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
    These TAC are effective unless and until terminated by either you or us. You may terminate these TAC at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
    If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these TAC, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
    (g) Severability: If any court of law rules that any provision of these TAC is invalid, then that provision will be removed from the TAC without affecting the rest of the TAC. The remaining provisions of the TAC will continue to be valid and enforceable. In the event that any provision of these TAC is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these TAC, such determination shall not affect the validity and enforceability of any other remaining provisions.
    (h) Governing Law: Your relationship with Oscar Massin under the TAC, shall be governed by and construed in accordance with the laws of the State of New York. You and Oscar Massin agree to submit to the exclusive jurisdiction of the State and Federal courts in New York and waive any claim or defense of inconvenient forum or lack of personal jurisdiction in such forum under any applicable law or decision or otherwise.
    (i) Notice of Agreement to Arbitrate and Class Action Waiver By accepting these Terms, you agree to resolve any dispute with us on an individual basis in arbitration, and to waive any right to pursue a class action or suit in court, except in matters that may be pursued on an individual basis in your local small claims court.
    
    
27. Entire Agreement. The failure of us to exercise or enforce any right or provision of these TAC shall not constitute a waiver of such right or provision.
    These TAC and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, 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 TAC).
    Any ambiguities in the interpretation of these TAC shall not be construed against the drafting party.
    
    
28. Digital Millennium Copyright Act. If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing: A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
    Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail; A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
    A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Please contact our Copyright Agent as follows: legal@oscarmassin.com
    
    
29. Changes to terms of service. You can review the most current version of the Terms of Service at any time at this page.
    We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes 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 Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes
    
    
30. Contact Information. Questions about the Terms of Service should be sent to us at hello@oscarmassin.com. This address will not respond to questions about orders or individual requests and do not serve as a "In store pickup" location. 

    For more information about our terms of service, if you have questions, or if you would like to make a complaint, please contact us by e-mail at hello@oscarmassin.com, by phone at +1 (917) 209-7750 or by mail using the details provided below:

    Oscar Massin Inc, 1230 Avenue of the Americas, Suite #1635, New York NY 10020, United States