Terms of Service

User Agreement and Terms of Use

These are the terms and conditions for users of the Manhattan Vintage website, www.manhattanvintage.com.  Your acceptance of these terms is required before you purchase an item offered for sale on the website, and creates a binding contractual agreement between you and Manhattan Vintage Clothing and Antique Textile Show and Sale, Inc., the owner of the website www.manhattanvintage.com.

1. Merchandise for Sale
You understand that the website sells primarily used and vintage items, and that many of the items will show customary wear and tear associated with such items.  Manhattan Vintage will use reasonable efforts to accurately portray the items via photographs and written descriptions.  Many of the items have been accepted for consignment sale from third parties, and Manhattan Vintage relies on the descriptions of the items provided to it from the third parties.  Manhattan Vintage assumes no responsibility and makes no warranty for descriptions or information provided.


2. Expert Review.
If the user is purchasing an expensive item based upon the description of item including it’s provenance, age, designer, etc., Manhattan Vintage recommends that user personally inspect the item or have an expert inspect the item on behalf of the user prior to purchase. User should contact Manhattan Vintage, and Manhattan Vintage shall make reasonable efforts to accommodate the inspection at the Manhattan Vintage warehouse.  Unless Manhattan Vintage advises the user that it will hold an item “on reserve” pending user’s review, the item will remain available for sale until the user provides full payment for the item.  Manhattan may require a non-refundable deposit of 10% of the item’s value, but no more that $100.00, to hold an item on reserve pending a user’s inspection.  In no case will an item be held on reserve for more than 30 days.

3. The Sale.
A sale is complete when the user’s credit card information is provided to Manhattan Vintage and Manhattan Vintage confirms the availability of the item.  Manhattan Vintage will make reasonable efforts to confirm availability promptly, but reserves the right to declare an item unavailable within 14 days of receipt of payment.  Manhattan Vintage will declare an item to be unavailable only (a) if it was sold to another user prior to the user’s payment; (b) if the item was withdrawn by the consignee or Manhattan Vintage prior to the user’s payment; or (c) if the item is deemed lost or destroyed.

4. Shipping.
Manhattan Vintage will pack the item with reasonable care and ship the purchased item via FedEx or USPS, including insurance for the purchase price of the item/items and delivery confirmation.   Packing, shipping and insurance charges will typically be reflected on the website at the time of purchase.  For extraordinary items, Manhattan Vintage may contact the user and discuss alternative packing / shipping strategies.  At the user’s election and sole cost, the user can arrange for its own packing and shipping upon contacting Manhattan Vintage at the time of purchase.  Title and risk of loss shall pass from Manhattan Vintage or its consignor to the user when the item is accepted by the shipping company.

5. Taxes and Import/Export Duties.
User is entirely responsible for paying all sales and use taxes, VAT, export and/or import taxes and duties and all transactional taxes or levies related to the purchase of each item purchased (collectively, “Taxes”). The user shall pay Manhattan Vintage such Taxes as Manhattan Vintage is required to collect, but failure to collect the Taxes will not relieve the user’s obligation. It is the user’s responsibility to establish and/or document any applicable exemption from Taxes.

6. Import/Export Restrictions.
Some of the items sold on the website may require cultural, customs and endangered species permits for export from the United States and import into the user’s country.  Manhattan Vintage makes no representation, nor gives any warranty, nor shall have any liability to the user with respect to the requirement for, or the availability, or issuance of valid export or import permits.  If the listing of any item on the website discloses that the item requires a cultural export permit or the Manhattan Vintage discloses such requirement after confirmation of the sale but before the shipper receives the item, or the user first learns that an export permit is required after the item has been picked up by the shipper and the user is unable to obtain the export permit within thirty (30) days after the later of confirmation of the sale or disclosure of the requirement for the export permit, the user may rescind the sale of such item by giving written notice to Manhattan Vintage within seven (7) business days after expiration of the applicable thirty (30) day period. In no event shall the user be entitled to rescind a sale more than ninety (90) days after the date of the sale to the user. If the sale is rescinded, the user shall promptly return the item to Manhattan Vintage. Upon such return, Manhattan Vintage shall refund the purchase price to the user.

7. AS-IS SALE.
ALL ITEMS DISPLAYED ON THE SITE ARE SOLD “AS IS”. Manhattan Vintage makes no guarantee, warranty or representation, expressed or implied, to any user with respect to any item, including without limitation, its condition, merchantability, fitness for a particular purpose, quality, rarity, importance, provenance, designer or creator, exhibitions, literature, historical relevance or otherwise. No statement anywhere, whether oral or written, shall be deemed any such guarantee, warranty or representation. Except as provided in paragraph 6, ITEMS PURCHASED THROUGH MANHATTAN VINTAGE ARE NOT RETURNABLE.

8. Disclaimer of Liability.
The website is provided on an “AS-IS” and “AS AVAILABLE” basis. Manhattan Vintage makes no representation or warranty of any kind, express or implied, with respect to the website, any items offered for sale or sold on or through the website, including without limitation:
(a) any representation or warranty that the website meets the user’s requirements, will always be accessible, uninterrupted, timely, secure or operate without error;
(b) any representation or warranty with respect to title to or delivery of any item;
(c) any representation or warranty with respect to intellectual property rights in any item;
(d) any representation or warranty that any Item conforms to its description or the colors, texture and detail shown on the user’s computer monitor. 

9. RELEASE AND LIMITATION OF LIABILITY.
To the maximum extent permitted by law, the user releases Manhattan Vintage from all claims, demands, liabilities, actions, losses and damages of any kind, including without limitation direct, indirect, incidental, special, punitive and consequential damages (including without limitation lost profits, revenue and/or data), related to or arising out of or in connection with the Terms of Use, the website, the inability to use the website, any item offered for sale or sold through the Site or any other goods or services purchased or obtained or transactions entered into through the website. If the user is a California resident, the user waives California Civil Code § 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” In all events, the liability of Manhattan Vintage to a user is limited to the amount paid by the user to Manhattan Vintage.

10. Indemnity.
The user agrees to defend and indemnify Manhattan Vintage against and hold Manhattan Vintage harmless from all losses, damages, liabilities, costs (including without limitation attorneys’ and paralegal' costs and fees) and claims arising out of or related to the use of the website by the user, the purchase of items by the user, and the nature or quality of the items.

11. Refusal of Transaction.
Manhattan Vintage reserves the right to withdraw any item from the website or to amend any content on the website at any time. Manhattan Vintage may refuse service to anyone at any time in its sole discretion. Manhattan Vintage will not be liable to the user or any third party because it has withdrawn any item from the website, amended any of the content, or denied access to the website.

12. Site Monitoring.
Manhattan Vintage reserves the right, but accepts no obligation, to monitor any activity and content on the website. Manhattan Vintage may investigate any reported violation of applicable law, the Terms of Use and any other policy applicable to users or transactions on the website and take action that it deems appropriate, including but not limited to issuing warnings, suspending or terminating service, denying access or removing any content from the website. Manhattan Vintage may also investigate the use of a credit card by a user and take such action as Manhattan Vintage deems appropriate, including but not limited to canceling any purchase placed by such user.

13. Compliance with Laws.
The website may be used only for lawful purposes and in a lawful manner. The user agrees to comply with all applicable laws and regulations regarding the use of the website and any transaction conducted on or through the Site. The agreements between the user and Manhattan Vintage shall not be governed by the U. N. Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.

14. Fraud.
The user may not register or make offers for any Item under a false name, use an invalid or unauthorized credit card or use another user’s password. Such fraudulent conduct is a violation of Federal and State law. If fraudulent conduct is identified, the user will be denied access to the site and the conduct may be reported to law enforcement authorities.

15. Access and Interference.
All persons accessing this website expressly agree that (a) they will not, by automatic device or manual process, monitor or copy Manhattan Vintage’s web pages or their content without the prior written permission of Manhattan Vintage; (b) they will not use any device, software or routine to interfere or attempt to interfere with the proper functioning of the website; (c) they will not do anything that imposes an unreasonable or disproportionately large load on the Manhattan Vintage infrastructure.

16. Miscellaneous.
If any provision of these Terms of Use is deemed unlawful, void or for any reason unenforceable, such provision(s) will be deemed severable from the rest of the Terms of Use and will not affect the validity and enforceability of the rest of the Terms of Use. Failure of Manhattan Vintage to exercise any rights or remedies will not constitute a waiver of any rights or remedies available to Manhattan Vintage under these Terms of Use or at law. The Terms of Use represent the entire agreement between the user and Manhattan Vintage with regard to the purchase by the user of items sold on the Site, and the Terms of Use supersede and replace any other agreement between the parties including but not limited to any previous Terms of Use as they may have applied between the User and Manhattan Vintage or the User. Paragraph headings are for convenience only and not for interpretation of this Agreement.

17. Use of Site Information/Copyrights/Trademarks.
Any user registered with Manhattan Vintage has permission to print in hard copy and electronically reproduce portions of the web site for the sole purposes of purchasing Items from Manhattan Vintage.  No user may modify materials on or obtained from the website or include any such materials on the user’s own site. Manhattan Vintage retains the copyright of all photographs, illustrations, digital images and written material produced and any form of website design and content, including the category and sub-category system and any object and materials published by Manhattan Vintage. Manhattan Vintage is a legally protected trademark and/or service mark and may not be used without authorization.

18. Notices.
Any notices shall be given by postal mail addressed to Manhattan Vintage, 127 North Lake Ave., Albany, New York 12206, to the attention of David Orenstein or to the e-mail address provided to Manhattan Vintage by the user upon registration. Notice to the user shall be deemed to have been given 24 hours after the e-mail was sent.

19. Governing Law and Jurisdiction.
The agreement between the user and Manhattan Vintage contained in this Terms of Use are governed by the laws of the State of New York, USA, and the user and Manhattan Vintage agree to be subject to the jurisdiction of, and submit any and all disputes arising out of User or Seller’s use of the website and/or the Terms of Use, to the exclusive jurisdiction of the appropriate State and Federal Courts located in the Albany, New York and State of New York.