Terms of service

OVERVIEW

Welcome to Face Records NYC! The terms "we", "us" and "our" refer to Face Records NYC. Face Records 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"). Face Records 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, province, or country of residence, or that you have the legal capacity required to use the Services and make purchases.

To use the Services, including accessing or browsing our online store 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 information you provide 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 activity associated with your account. You may not transfer, sell, assign, or license your account to another person without our permission.

SECTION 2 - OUR PRODUCTS

We make reasonable efforts to provide accurate descriptions and representations of our products.

Because many of the products we sell are used, vintage, collectible, or one-of-a-kind records, CDs, and related items, individual items may show signs of age, use, storage, or manufacturing variation as described on the applicable product page.

Colors and product appearance may also differ from how they appear on your screen due to your device, display settings, lighting, photography, and other factors.

Used products are graded according to the grading information provided on our website. Any significant defects or playback issues known to us will be noted where applicable.

New and sealed products will be identified as such where applicable. Because sealed products have not been opened, we cannot inspect or guarantee the condition of the contents inside the sealed packaging except as required by applicable law.

All descriptions of products are subject to correction or update if we discover an error. We reserve the right to discontinue any product and may limit quantities offered to any person, geographic region, or jurisdiction.

SECTION 3 - ORDERS

When you place an order, you are making an offer to purchase.

We reserve the right to accept, decline, or cancel an order where permitted by applicable law, including in cases involving suspected fraud, pricing or inventory errors, payment issues, product availability, shipping restrictions, or other circumstances that prevent us from completing the order.

Your order is not considered accepted until it has been confirmed by Face Records NYC or, where applicable, the merchant of record processing the transaction.

We must receive and successfully process your payment before an order can be completed.

Please review your order carefully before submitting it. Once an order has begun processing or fulfillment, we may not be able to accommodate voluntary cancellation requests.

Nothing in this section limits any cancellation, withdrawal, return, or refund right that cannot legally be excluded.

If we cancel an order or need additional information, we will attempt to contact you using the email address, billing information, shipping information, or telephone number provided with the order.

Purchases are subject to our Return & Refund Policy.

For eligible international orders processed through Shopify Managed Markets, Global-e acts as the merchant of record, as disclosed during checkout. Such transactions may also be subject to Global-e's applicable terms and privacy policy presented at checkout.

SECTION 4 - PRICES, TAXES, DUTIES, AND BILLING

Prices, discounts, and promotions are subject to change without notice.

The price charged for a product will be the price displayed and applicable at the time your order is placed, subject to correction of errors as permitted by applicable law.

Taxes, shipping charges, duties, customs charges, import taxes, currency conversion adjustments, and other applicable charges may be included in displayed prices or calculated and shown during checkout depending on your location, the applicable market, and the checkout configuration.

For eligible international orders processed through Shopify Managed Markets, Global-e acts as the merchant of record and manages applicable cross-border responsibilities including duties, import taxes, tax remittance, commercial documentation, and related international commerce requirements.

Where Delivered Duty Paid (DDP) shipping is supported, applicable duties, import taxes, and customs charges are collected or accounted for before delivery.

For destinations where prepaid duties are not available, duties, taxes, or other charges may be payable upon delivery as required by the destination country's laws or customs authorities.

Prices displayed in our online store may differ from prices offered in our physical store or through third-party marketplaces or sales channels.

We may offer promotions that are governed by separate terms. If specific promotional terms conflict with these Terms, the specific promotional terms will govern with respect to that promotion.

You agree to provide current, complete, and accurate purchase, payment, billing, and account information.

You represent that you are authorized to use any payment method submitted for an order and that the payment information you provide is accurate.

You agree to pay the total amount presented and authorized at checkout, subject to any rights provided by applicable law.

SECTION 5 - SHIPPING AND DELIVERY

Orders are shipped from Brooklyn, New York unless otherwise stated.

Domestic and international shipping options, prices, and estimated delivery times are displayed at checkout based on the destination, package details, products ordered, and available shipping services.

International orders may be shipped through Shopify Managed Markets using supported international carriers and services, including FedEx International Connect Plus® where available.

Tracking information will be provided after shipment when tracking is available for the selected service.

All delivery and transit times shown on our website or at checkout are estimates unless expressly stated otherwise.

We are not responsible for delays caused by circumstances outside our reasonable control, including carrier delays, customs processing, severe weather, natural disasters, government action, transportation disruptions, incorrect or incomplete customer information, or other events beyond our control.

Customers are responsible for providing a complete and accurate shipping address.

FedEx International Connect Plus® does not support delivery to PO Boxes through Shopify Managed Markets. Where this service is selected or required, customers must provide an eligible street address.

Box sets, oversized items, unusually large orders, or packages outside normal carrier limits may require additional shipping arrangements. If we cannot ship an order using the shipping method selected at checkout, we will contact you before shipment.

Risk of loss or damage will pass in accordance with applicable law.

Nothing in these Terms excludes or limits any mandatory consumer rights concerning delivery, loss, damage, or goods that fail to arrive.

Please review our Shipping Policy for additional shipping information.

SECTION 6 - INTELLECTUAL PROPERTY

Our Services, including but not limited to trademarks, brands, text, displays, images, graphics, product reviews, video, audio, and the design, selection, and arrangement thereof, are owned by Face Records NYC, its affiliates, licensors, or applicable rights holders and are protected by applicable 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 from, publicly display, publicly perform, republish, download, store, or transmit material from the Services except as permitted by law or with the appropriate rights holder's permission.

Except as expressly provided herein, nothing in these Terms grants any license or other right to you under any patent, trademark, copyright, or other intellectual property right of Face Records NYC, Shopify, or any third party.

Face Records NYC's names, logos, product and service names, designs, and slogans are trademarks of Face Records NYC, its affiliates, or licensors where applicable.

Shopify's names and trademarks belong to Shopify. All other names, logos, product and service names, designs, and trademarks are the property of their respective owners.

SECTION 7 - OPTIONAL TOOLS

You may be provided with access to tools offered by third parties as part of the Services that we do not control.

Unless otherwise required by applicable law, access to such tools is provided on an "as is" and "as available" basis without warranties, representations, or endorsements from us.

Your use of third-party tools is subject to the terms and policies of the applicable third-party provider.

We may offer new features, tools, or resources through the Services in the future. Such features will also be subject to these Terms where applicable.

SECTION 8 - THIRD-PARTY LINKS

The Services may contain materials, functionality, or hyperlinks to websites operated by third parties.

We are not responsible for examining or evaluating the content or accuracy of third-party websites that you choose to access.

If you leave the Services to access third-party materials or websites, your use of those sites is subject to the applicable third party's terms and policies.

We are not responsible for purchases or transactions made directly with unrelated third-party websites or services, except where responsibility cannot legally be excluded.

Complaints or questions regarding third-party products or services should generally be directed to the applicable third party.

SECTION 9 - RELATIONSHIP WITH SHOPIFY AND GLOBAL-E

Face Records NYC operates this online store using Shopify's commerce platform.

Shopify provides technology and related services that enable us to operate the store, but Shopify is not generally the seller of the products offered by Face Records NYC.

For domestic orders and other orders not processed through Shopify Managed Markets, Face Records NYC generally remains the merchant of record.

For eligible international orders processed through Shopify Managed Markets, Global-e acts as the merchant of record.

For those transactions, Global-e manages certain cross-border responsibilities, which may include duties, tax remittance, commercial invoices, international payment processing arrangements, customs-related requirements, and carrier arrangements.

When Global-e acts as the merchant of record, this relationship is disclosed during checkout and the transaction may also be subject to Global-e's terms and privacy policy presented there.

Questions concerning Face Records NYC products or customer service should be directed to Face Records NYC.

Questions relating to Managed Markets orders, shipping labels, payouts, returns, duties, customs documents, or other Managed Markets functionality may be handled through Shopify Support where applicable.

Nothing in this section excludes any right or remedy that cannot legally be waived.

SECTION 10 - PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy.

Because the Services are hosted and powered by Shopify, Shopify collects and processes certain personal information relating to your access to and use of the Services in order to operate and improve the platform.

Information you provide may be transmitted to and processed by Shopify and other service providers involved in processing your transaction, payment, delivery, fraud prevention, customer service, or other functions necessary to provide the Services.

For eligible international transactions processed through Shopify Managed Markets, personal information necessary to process the order may also be shared with Global-e, international carriers, customs authorities, payment providers, and other parties involved in completing the cross-border transaction.

Please review our Privacy Policy and the privacy notices displayed during checkout for more information.

SECTION 11 - FEEDBACK

If you submit, upload, post, email, or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans, or other content relating to our Services ("Feedback"), you grant us a worldwide, royalty-free license to use, reproduce, modify, publish, distribute, and display that Feedback to the extent permitted by applicable law.

You represent that you own or have the necessary rights to the Feedback you provide and that your Feedback does not violate the rights of another person or applicable law.

You are responsible for the Feedback you submit and its accuracy.

We may monitor, edit, or remove Feedback where we reasonably determine that it is unlawful, abusive, misleading, infringing, obscene, harmful, or otherwise violates these Terms or applicable law.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally, information in the Services may contain typographical errors, inaccuracies, or omissions relating to product descriptions, availability, inventory, pricing, promotions, shipping charges, transit times, taxes, duties, or other information.

We reserve the right to correct errors, inaccuracies, or omissions and to update information.

Where permitted by applicable law, we may cancel an order if material information relating to the order was inaccurate.

Nothing in this section limits any mandatory consumer right arising from an incorrect price, product description, or other representation.

SECTION 13 - PROHIBITED USES

You may access and use the Services only for lawful purposes.

You may not use the Services to violate applicable laws or regulations, infringe intellectual property or other rights, harass or harm another person, transmit knowingly false or misleading information, distribute malicious software, impersonate another person, interfere with the operation or security of the Services, or engage in fraudulent or abusive conduct.

You may not reproduce, duplicate, copy, extract, sell, resell, scrape, or exploit portions of the Services except where permitted by law or expressly authorized by us.

You may not use automated tools, robots, spiders, scraping systems, agents, or similar technologies to access the Services in a manner that violates these Terms, circumvents technical restrictions, interferes with normal operation, or infringes the rights of us or others.

We reserve the right to restrict, suspend, or terminate access to the Services where we reasonably determine that these Terms have been violated.

SECTION 14 - AGENTS

This section applies if you use or cause an autonomous or semi-autonomous software agent ("Agent") to access, use, or interact with the Services.

Agents must comply with all applicable laws, these Terms, and any technical or access restrictions that apply to the Services.

Agents must not conceal or misrepresent their automated nature, circumvent CAPTCHAs or other security measures, bypass measures intended to control automated access, or falsely represent themselves as human users.

We may restrict or block automated access where reasonably necessary to protect the Services, our customers, our systems, or our rights.

SECTION 15 - TERMINATION

We may suspend or terminate your access to the Services where permitted by applicable law, including if you violate these Terms, misuse the Services, engage in fraud, or create a security or legal risk.

Termination does not affect rights or obligations that arose before termination.

Provisions that by their nature should survive termination, including provisions concerning intellectual property, liability, indemnification, governing law, and privacy, will continue to apply as appropriate.

SECTION 16 - DISCLAIMER OF WARRANTIES

Information presented through the Services is provided for general informational purposes.

Except for warranties or rights that cannot legally be excluded, we do not warrant that use of the Services will be uninterrupted, error-free, or completely secure.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OR CONDITIONS EXCEPT THOSE EXPRESSLY PROVIDED BY US OR REQUIRED BY LAW.

Some jurisdictions do not permit certain warranty exclusions. Where such restrictions apply, the exclusions above apply only to the maximum extent permitted by law.

Nothing in these Terms excludes any statutory warranty, guarantee, or consumer right that cannot legally be excluded.

SECTION 17 - LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, FACE RECORDS NYC AND ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, AND LICENSORS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE SERVICES OR PRODUCTS PURCHASED THROUGH THE SERVICES, EXCEPT TO THE EXTENT SUCH LIABILITY CANNOT LEGALLY BE EXCLUDED.

NOTHING IN THESE TERMS EXCLUDES OR LIMITS LIABILITY WHERE SUCH EXCLUSION OR LIMITATION IS PROHIBITED BY APPLICABLE LAW.

Some jurisdictions do not allow certain limitations or exclusions of liability. In those jurisdictions, our liability will be limited only to the maximum extent permitted by applicable law.

SECTION 18 - INDEMNIFICATION

To the extent permitted by applicable law, you agree to indemnify and hold harmless Face Records NYC and its affiliates, officers, directors, employees, agents, contractors, licensors, and service providers from third-party claims arising directly from your material violation of these Terms, applicable law, or the rights of another person.

Nothing in this section requires indemnification to the extent prohibited by applicable law.

SECTION 19 - SEVERABILITY

If any provision of these Terms is determined to be unlawful, void, invalid, or unenforceable, that provision will be enforced to the maximum extent permitted by applicable law or severed where necessary.

The remaining provisions will continue in full force and effect.

SECTION 20 - WAIVER; ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms does not constitute a waiver of that right or provision.

These Terms, together with our Privacy Policy, Return & Refund Policy, Shipping Policy, and other policies expressly incorporated by reference, constitute the agreement between you and us concerning your use of the Services, subject to any additional terms presented during checkout.

For eligible Managed Markets transactions, applicable Global-e terms presented during checkout also apply to the merchant-of-record transaction.

Nothing in this section limits mandatory consumer rights that cannot legally be waived.

SECTION 21 - ASSIGNMENT

You may not transfer or assign your rights or obligations under these Terms without our prior written consent, except where applicable law provides otherwise.

We may assign or transfer our rights and obligations where permitted by applicable law, including as part of a corporate restructuring, merger, acquisition, or transfer of business.

SECTION 22 - GOVERNING LAW

These Terms are governed by the laws of the State of New York and applicable federal law of the United States, without regard to conflict-of-law principles, except to the extent otherwise required by mandatory applicable law.

Subject to any mandatory consumer protection or jurisdictional rights available to you, disputes relating to these Terms or the Services will be subject to the appropriate state or federal courts located in New York.

If you are a consumer located in a jurisdiction that provides mandatory consumer protections or rights to bring proceedings in your home jurisdiction, nothing in these Terms deprives you of those rights.

SECTION 23 - HEADINGS

The headings used in these Terms are included for convenience only and do not limit or otherwise affect their interpretation.

SECTION 24 - CHANGES TO TERMS OF SERVICE

You can review the most current version of these Terms of Service on this page at any time.

We may update or replace portions of these Terms by posting an updated version on our website.

Where required by applicable law, we will provide notice of material changes.

Changes will apply from the effective date stated or, where no date is stated, when the updated Terms are posted, subject to applicable law.

Your continued use of the Services after changes become effective constitutes acceptance of those changes where permitted by law.

SECTION 25 - CONTACT INFORMATION

Questions regarding these Terms of Service, an order, or our Services should be sent to:

Face Records NYC
Operated by FTF USA Inc.

176 Borinquen Pl, Store 1L
Brooklyn, NY 11211
United States

Email: facerecordsnyc@gmail.com