Terms & Conditions

Last Updated: 9/27/2024

These Terms of Service (“Terms”) govern your access to and use of the OG Gallery website, apps, APIs, widgets, and any other digital touchpoints (collectively, the “Site”) belonging to or linking to OG Collection, Inc. or any of its parents, affiliates, or subsidiaries (collectively “OG Gallery,” “we,” “us,” or “our”), including your access to and use of the services provided by OG Gallery, which may include (but are not limited to) the sale of framed photography, fine art, lifestyle products, or other physical goods (“Services”). Please read these Terms carefully, and contact us if you have any questions. By accessing or using the Site, Services, and/or any other OG Gallery property or destination, you agree to be bound by these Terms and our Privacy Policy. Please note that we reserve the right to update, change, or replace any part of these Terms by posting updates and/or changes to this Site at any time. It is your responsibility to check this page periodically for changes. OG Gallery may require you to provide consent to the updated Terms in a specified manner before further use of the Site or the Services is permitted. If you do not agree to any changes after receiving a notice of such changes, you agree to immediately stop using the Site and the Services. Otherwise, your continued use of the Site and/or Services constitutes your acceptance of such changes, if any.

1. Use of Services

You may use the Site only if you can legally form a binding contract with OG Gallery and only in compliance with these Terms and all applicable laws. You may simply browse the Site, or you may register with OG Gallery and create an “Account.” You do not have to have an Account to order products or use the Services. However, you must only provide us with true, accurate, current, and complete information for your Account and/or Orders (defined below). If we believe or suspect that your information is not true, accurate, current, or complete, we may deny or terminate your access to the Site or Services (or any portion thereof).

2. Accounts

If you create an Account, you are required to provide your name and email address and select a password (collectively, your “Account Information”), which you may not transfer to or share with any third parties. You are solely responsible for any and all use of your Account Information and all Orders (defined below) and activities that occur under or in connection with the Account. If you become aware that your Account Information is being used without authorization, please notify us immediately at support@og.gallery. You agree not to register for more than one Account or on behalf of any group or entity without authorization.

3. Orders

These Terms govern any purchase order you make through the Site by employing Services, such as the purchase of framed artwork, fine artwork, lifestyle products, etc. (each such purchase action, an “Order”). Your placement of an Order through our Site is an offer to purchase the product(s) and/or Services ordered, and we may accept your Order by processing your payment and shipping the final product. We reserve the right to decline to accept your Order or any part of your Order for any reason.

4. Returns

Every product sold by OG Gallery is “made to order,” meaning it is specifically manufactured just for you after you place your Order. Accordingly, OG Gallery does not accept refunds, returns, or exchanges for Orders. We are also unable to make any changes or cancellations to orders after 24 hours from the moment the Order is placed. If your product(s) arrive damaged, please send detailed photos of the damage, including images of the packaging, to support@og.gallery within 72 hours of delivery.

5. Payment, Pricing, and Products

To pay for an Order, you will need to provide OG Gallery with the information necessary to process an Order, including your shipping address and billing information. You may pay for your Order via credit card or any other manner then available on the Site. You represent that you will not use any credit card or other form of payment unless you have all necessary authorization to do so.

6. Ownership of Technology and Content

You understand and acknowledge that the software, code, proprietary methods, and systems used to provide the Site and/or Services (“Our Technology”) are copyrighted and trademarked by OG Gallery and our licensors. Our Technology may not be copied, modified, reproduced, or redistributed in any way without our prior written permission. Any use of third-party software provided in connection with the Site or Services will be governed by such third parties’ licenses and not by these Terms.

7. User Submitted Materials

As part of the Service, OG Gallery may allow you to send your materials for OG Gallery to print, frame, and return to you as a final product. You retain ownership of such User Submitted Materials and grant OG Gallery a non-exclusive, perpetual, royalty-free right to use, reproduce, and distribute them as needed to provide the requested services.

8. General Rules of User Conduct

It is our goal to make access to our Site and Services a good experience for all of our users. You agree not to use, reproduce, duplicate, copy, sell, or exploit any portion of the Site or Services for purposes other than for which the Site or Services are provided.

9. Modifications to / Discontinuance of the Site and/or Services

We reserve the right to modify or discontinue the Site or Services with or without notice to you. We will not be liable to you or any third party should we exercise our right to modify or discontinue the Site and/or Services.

10. Disclaimers

The Site and our Services are provided on an “as is” basis without warranty of any kind. OG Gallery disclaims any and all warranties and conditions of merchantability, fitness for a particular purpose, and non-infringement.

11. Limitation of Liability

To the extent permitted under applicable law, in no event will OG Gallery or our officers, employees, directors, or agents be liable for any indirect, incidental, special, consequential, or exemplary damages arising out of or related to your use of or access to the Site or Services.

12. Indemnification

You agree to indemnify, defend, and hold harmless OG Gallery, our affiliates, officers, directors, employees, and agents from any claims, liabilities, damages, losses, or expenses arising from your use of the products, Site, or Services, or any violation of these Terms.

13. Dispute Resolution

You agree to resolve any disputes with OG Gallery through binding arbitration or, for qualifying claims, in small claims court. You agree that any arbitration will be administered by the American Arbitration Association (“AAA”) under the Consumer Arbitration Rules.

14. Governing Law

These Terms and any action related thereto will be governed by and under the laws of the State of New York, without giving effect to any principles that provide for the application of the law of another jurisdiction.

15. Notice

Where OG Gallery requires that you provide an email address, you are responsible for providing OG Gallery with your most current email address. You may give notice to OG Gallery at support@og.gallery. Such notice shall be deemed given when received.

16. Assignment

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by OG Gallery without restriction.

17. Waiver

Any waiver or failure to enforce any provision of the Terms on one occasion will not be deemed a waiver of the same or any other provision on any other occasion.

18. Parties

If you live in the United States, these Terms are a contract between you and OG Collection, Inc., located at 169 Madison Ave STE 2774, New York, NY 10016, USA.

19. Severability & Entire Agreement

These Terms, together with the Privacy Policy and any amendments, constitute the entire agreement between you and OG Gallery concerning the Service, Site, and your Account. If any provision of these Terms is deemed invalid, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

Questions about the Terms of Service should be sent to us at support@og.gallery.