Términos del servicio

TERMS OF SERVICE: NEW YORK PIGMENT CO.

OVERVIEW Welcome to New York Pigment Co.! The terms “we”, “us” and “our” refer to New York Pigment Co.. New York Pigment Co. 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”). New York Pigment Co. 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. To use the Services or purchase products, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all information you provide is correct, current and complete. You are solely responsible for maintaining the security of your account credentials.

SECTION 2 - PRODUCT ACCURACY, TESTING, AND SAFETY We have made every effort to provide an accurate representation of our pigments in our online stores. However, please note:

  • Color Variance: Colors may differ significantly from how they appear on your screen due to device settings, calibration, and lighting.

  • Suitability and Testing: Pigments are technical materials. You are solely responsible for conducting small-batch testing or "patch testing" of any pigment before applying it to a final project. We do not warrant that our pigments will be compatible with your specific binders, resins, or substrates.

  • Safety Responsibility: By purchasing our products, you acknowledge that pigments can be hazardous if mishandled (e.g., inhalation of dust or skin irritation). You agree to follow all safety protocols, including the use of PPE (masks, gloves, eye protection). Safety Data Sheets (SDS) are available upon request; it is your responsibility to review them before use.

  • Descriptions: All descriptions of products are subject to change at any time without notice. We reserve the right to discontinue any product at any time.

SECTION 3 - ORDERS AND USE When you place an order, you are making an offer to purchase. New York Pigment Co. reserves the right to accept or decline your order for any reason.

  • Usage: You represent and warrant that your purchases are for your own personal or professional artistic use. Repackaging, relabeling, or commercial resale of our raw pigments as a standalone material without our express written consent is strictly prohibited.

  • Cancellations: Please review your order carefully, as we may be unable to accommodate cancellation requests once an order is in process.

SECTION 4 - PRICES AND BILLING Prices, discounts and promotions are subject to change without notice. Posted prices do not include taxes, shipping, handling, or customs charges. You agree to provide current, complete and accurate purchase and account information so that we can complete your transactions and contact you as needed.

SECTION 5 - SHIPPING, DELIVERY, AND TEMPERATURE SENSITIVITY We are not liable for shipping and delivery delays. All delivery times are estimates only.

  • Risk of Loss: Once we transfer products to the carrier, title and risk of loss passes to you.

  • Environmental Sensitivity: Certain pigments and liquid dispersions may be sensitive to extreme heat or freezing. New York Pigment Co. is not responsible for product degradation or damage caused by exposure to extreme weather conditions during transit or if left unattended at the delivery location.

SECTION 6 - INTELLECTUAL PROPERTY Our Services, including all trademarks, text, images, and product names, are owned by New York Pigment Co. and are protected by intellectual property laws. You may use the Services for your personal/professional use only. You must not reproduce or distribute any material from the Services without our prior written consent.

SECTION 7 - THIRD-PARTY TOOLS AND LINKS We may provide access to third-party tools (like shipping trackers) or links to third-party websites. We have no control over these and provide them "as is." We are not liable for any harm related to your use of third-party resources.

SECTION 8 - RELATIONSHIP WITH SHOPIFY New York Pigment Co. is powered by Shopify. However, your purchase is made directly with New York Pigment Co. You acknowledge that Shopify is not responsible for any aspect of sales, including injury or loss resulting from purchased products.

SECTION 9 - PRIVACY POLICY All personal information collected is subject to our Privacy Policy and Shopify’s Privacy Policy. By using the Services, you acknowledge these policies.

SECTION 10 - FEEDBACK If you submit reviews or feedback, you grant us a perpetual, worldwide license to use that content for any purpose, including marketing. You represent that your feedback does not violate the rights of any third party.

SECTION 11 - ERRORS AND OMISSIONS We reserve the right to correct any typographical errors or inaccuracies related to pricing or availability and to cancel orders if information is inaccurate, even after an order has been submitted.

SECTION 12 - PROHIBITED USES You may not use the Services for any unlawful purpose, to infringe on intellectual property, to transmit viruses, or to harvest data. We reserve the right to terminate your account for any prohibited use.

SECTION 13 - DISCLAIMER OF WARRANTIES EXCEPT AS EXPRESSLY STATED BY US, ALL PRODUCTS ARE PROVIDED 'AS IS' AND 'AS AVAILABLE.' WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT GUARANTEE THAT THE USE OF OUR PIGMENTS WILL ACHIEVE A SPECIFIC ARTISTIC RESULT.

SECTION 14 - LIMITATION OF LIABILITY TO THE FULLEST EXTENT PROVIDED BY LAW, NEW YORK PIGMENT CO. SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, RUINED ARTWORK, LOSS OF REVENUE, OR PERSONAL INJURY DUE TO MISHANDLING) ARISING FROM YOUR USE OF OUR PRODUCTS. OUR TOTAL LIABILITY SHALL NOT EXCEED THE PURCHASE PRICE OF THE PRODUCT IN QUESTION.

SECTION 15 - INDEMNIFICATION You agree to indemnify and hold harmless New York Pigment Co. and its affiliates from any claims or legal fees arising out of your breach of these Terms, your violation of any law, or your misuse of the products.

SECTION 16 - SEVERABILITY AND ENTIRE AGREEMENT If any part of these Terms is found to be unenforceable, the rest remains in effect. These Terms constitute the entire agreement between you and New York Pigment Co.

SECTION 17 - GOVERNING LAW These Terms of Service shall be governed by and construed in accordance with the laws of the State of New York. You consent to the exclusive jurisdiction of the courts located in the county where New York Pigment Co. is headquartered.

SECTION 18 - CONTACT INFORMATION Questions about the Terms of Service should be sent to us at shop@newyorkpigment.com.

New York Pigment Co. 
Roger Danilo Carmona, CEO
247 W 29 Street, NY NY 10001
ph: 646 449 8526