Terms and Conditions For Use of Our Website

All of the content and services provided through this website, www.artofcookingnyc.com ("artofcookingnyc.com" or "our website"), are provided by The Porch Swing Inc., D.B.A. The Art of Cooking ("The Art of Cooking") under the terms and conditions set forth below and in our Privacy Policy, which, together, constitute the terms of use of our website. By visiting or shopping at artofcookingnyc.com, you agree to accept and be bound by these terms and conditions. It is the responsibility of each user of our website to read and understand these terms and conditions. If you do not agree to these terms and conditions, please do not use our website.

Your Account
You are responsible for maintaining the confidentiality of any account that you establish on our website, including the password that you select for restricting access to your account. You agree to accept all responsibility for all activities that occur under your account. Children (persons under the age of 18) are not eligible to use artofcookingnyc.com unsupervised, and we ask that children not submit any personal information to us. If you are under the age of 18, you may only use our website in conjunction with and under the supervision of one of your parents or guardians.

Return Policy
Except for merchandise that is listed on our website as a "special order," merchandise purchased on artofcookingnyc.com may be returned to The Art of Cooking within 60 days of receipt of merchandise by you (see details below). All returned merchandise must be unused, in original condition and in original packaging. After 60 days and not longer than 90 days all returned items will be refunded in the form of a merchandise credit. No returns will be accepted after 90 days.

• Returns with the original purchase receipt will be exchanged or refunded in the original tender for up to 60 days of receipt of merchandise by you.
• Returns with a gift receipt, including gift-registry returns, will be exchanged or refunded for the value indicated on the gift receipt in the form of a merchandise credit.
• Returns without the original purchase receipt, including gift-registry returns, will be exchanged or refunded at the current selling price in the form of a merchandise credit. We reserve the right to refuse returns without original purchase receipt if purchase may have been made more than 90 days prior or if we deem the product was not purchased from The Art of Cooking.

If you would like to return an item you must first contact us to obtain a Return Authorization Number (RA#). You can obtain an RA# by contacting the store by phone or email. We will then forward you instructions for the return. You may use the shipping carrier most convenient for you, and send the package to the following address within 90 days of purchase. Please take special care to package returned items carefully since you are responsible for getting items to us in their original condition. If an item is damaged when received by you, please contact the store and we will arrange to have the merchandise picked up from you. You must retain any damged merchandise in it’s original shipping packaging. If you are returning it for some other reason, you will need to pay the cost of shipping it back to us. Returns should be sent to:

Returns:
The Art of Cooking
555 Hudson Street
New York, NY 10014

When making a return, please make sure that you include your name, address, telephone number, RA# and email address. After receipt of your returned merchandise, we will send you an email confirming your refund or store credit. You may also make returns to the store in person.

Orders that are placed for merchandise that is listed on our website as a "special order" are not cancelable after the order has been placed, and such items cannot be returned except for certain damaged merchandise. Gift Certificates are non-refundable.

All store credits are valid for 12 months from the date that the credit is issued. Any credit that is not used within 12 months of issuance is forfeited.

If you have any questions about our return policy, please call us at (877) 812-6235,

Our Shipping Policies

Except for special orders, or unless otherwise specified, The Art of Cooking will use reasonable efforts to ship merchandise within three business days of purchase. Generally, we use UPS Ground as our method of shipping. If you desire to ship via UPS Express, you may so indicate in the appropriate box during checkout, in which case air shipping and handling charges will be billed to you (as a separate charge from your purchase; i.e., there will be two separate charges on your credit card, one for your purchase and another for shipping). For more information on shipping and shipping rates, see our FAQs.

We cannot ship to a PO Box address.

Currently we do not ship internationally.

Your Sales Tax Responsibilities

The Art of Cooking will charge and collect sales taxes for purchases shipped to any location in the State of New York. Users who have merchandise shipped from artofcookingnyc.com to other states are responsible for any applicable sales or other taxes.

Changes to Our Terms and Conditions

The Art of Cooking reserves the right, exercisable at its sole discretion, to change the terms of use for our website with or without notification of users of artofcookingnyc.com. If you do not agree with any changes to the terms of use for our website, your sole recourse is to stop using our website.

Warranties by You

In placing an order or making purchases from our website, you represent and warrant that you are at least 18 years of age and that all information that you provide to artofcookingnyc.com is true, accurate and complete and that you have legal authority to place an order.

Disclaimer of Warranties and Limitation of Liability

This site is provided by the art of cooking on an "as is" and "as available" basis. We make no representations or warranties of any kind, express or implied, as to the operation of our website or the information, content, materials, or products included on our website. You expressly agree that your use of our website is at your sole risk.

To the full extent permissible by applicable law, the art of cooking disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. We do not warrant that our website, the servers on which our website is hosted, or e-mail sent from the art of cooking are free of viruses or other harmful components. The art of cooking will not be liable for any damages of any kind arising from the use of our website, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.

Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.

Applicable Law

By visiting artofcookingnyc.com, you agree that the laws of the State of New York, without regard to principles of conflict of laws, will govern your use of our website and the terms of use of our website and any dispute of any sort that might arise between you and The Art of Cooking or its affiliates.

Indemnification

You agree to indemnify and hold harmless The Art of Cooking and its directors, officers, employees, suppliers and agents, from any action, claim, demand or damages, including reasonable attorneys' fees and expenses, made or incurred by any third party arising out of or related to your use of our website.

Intellectual Property

All information on our website, including, without limitation, images, graphics, look and feel and text, is protected by various intellectual property and other laws. The Art of Cooking grants individual users a limited license to access and make personal use of our website. You agree not to download, duplicate, sell or modify any portion of our website without the express written authorization of The Art of Cooking.