Terms of Service

Last Updated: FEB, 2026

1) Overview

This website and online store (the “Services”) are operated by Sit Down New York, Inc. d/b/a Memoky (“Memoky,” “we,” “us,” “our”). We provide the Services to offer a curated shopping experience, including all related information, content, features, tools, products, and services.

Memoky is powered by Shopify, which enables us to provide the Services to you.

These Terms of Service (“Terms”), together with any policies referenced here (including our Privacy Policy and Refund Policy), govern your use of the Services. By visiting, browsing, interacting with, or purchasing from the Services, you agree to these Terms and our Privacy Policy [LINK]. If you do not agree, do not use the Services.

2) Eligibility; Account; Electronic Communications

You represent that you are at least the age of majority in your state of residence and that you have the legal capacity to enter into these Terms.

You may need to provide information such as your email address, billing, payment, and shipping details. You represent and warrant that the information you provide is accurate, current, and complete, and that you have the right to provide it.

You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account. You may not transfer, sell, assign, or license your account to anyone else.

By using the Services or communicating with us electronically, you consent to receive communications from us electronically (including email and postings on the Services), and you agree such communications satisfy any legal requirement that they be in writing.

3) Product Information; Natural Materials; Availability

We strive to display products and information accurately. However:

• Colors, finishes, textures, and scale may vary due to lighting, photography, and device/screen settings.

• Many products involve natural or handcrafted materials (e.g., wood grain, leather patina, stone/marble veining, dye lots, texture), and variations are normal and not defects.

Product descriptions, specifications, availability, and pricing may change without notice. We reserve the right to limit quantities and to discontinue products at any time.

4) Orders; Review; Acceptance; Right to Refuse or Cancel

Placing an order is an offer to purchase. We manually review orders for accuracy, availability, shipping feasibility, and fraud prevention.

Order acceptance. Your order is not accepted until we confirm acceptance (for example, by shipping the product and/or sending a shipping confirmation), and your payment is successfully processed.

Right to refuse or cancel. To the fullest extent permitted by law, we reserve the right, in our sole discretion, to accept, decline, limit, or cancel any order for any reason, including (without limitation) suspected fraud, unauthorized transactions, inventory/availability issues, shipping restrictions, or pricing/description errors. If we cancel an order after payment has been processed, we will issue a refund to the original payment method.

5) Pricing; Errors and Inaccuracies

We work to keep pricing and product information accurate, but errors may occur (including typographical errors, incorrect pricing, promotions, shipping charges, availability, or product details).

We reserve the right to correct any errors, inaccuracies, or omissions at any time without prior notice, including after an order is submitted. If a product is listed at an incorrect price or with incorrect information, we may cancel or refuse the order. If payment has already been processed for an order we cancel, we will issue a refund.

6) Promotions; Price Matching (Discretionary)

We may offer promotions, discounts, or promo codes from time to time. Unless expressly stated, promotions are subject to separate terms, may be limited, may not be combined, and may be modified or ended at any time.

If we choose to price match or provide a discretionary adjustment, it is not guaranteed and may be offered only at our discretion and on a case-by-case basis.

7) Taxes; Payment; Financing

We collect sales tax where we are legally required to do so. If sales tax is not collected at checkout in a particular jurisdiction where it is owed, you remain responsible for remitting any taxes legally due.

Payment must be successfully processed before an order is accepted. We may offer financing options through Shopify and third-party providers (including Affirm). Third-party financing is subject to the provider’s terms and approval.

8) Shipping Area; Delivery Methods; Appointments; Access

Shipping area

We ship to the continental United States (48 states) only. We do not ship to Alaska, Hawaii, Puerto Rico, or international destinations.

No shipping to P.O. Boxes. We do not ship orders to P.O. Boxes. You must provide a deliverable street address.

Delivery methods

Depending on the item, we may ship via small parcel carriers (e.g., UPS/FedEx) or via freight. We may offer freight service levels such as curbside/threshold, room of choice, white glove, assembly, and debris removal where available and selected at checkout.

Appointments and scheduling

Freight deliveries typically require a scheduled appointment. You are responsible for responding to scheduling outreach and being available to receive delivery.

Access and site conditions

You are responsible for ensuring safe and reasonable access for delivery, including accurate address details, gate codes, elevator reservations, stair/doorway clearance, building requirements (including COIs if required), and any site restrictions. For in-home services, you are responsible for preparing the space and communicating any special requirements to the delivery team to ensure delivery is performed to your expectations.

9) Delivery Estimates; Delays; Risk of Loss; Theft

Delivery timeframes are estimates and not guaranteed. We are not liable for delays caused by carriers, weather, supply chain disruptions, appointment availability, or events outside our reasonable control.

Risk of loss. To the fullest extent permitted by law, title and risk of loss pass to you when the carrier takes possession of the shipment.

Delivered packages. For small parcel deliveries, once a carrier marks a package “delivered,” you are responsible for securing the delivery location. We may assist with carrier inquiries, but we are not responsible for theft after confirmed delivery.

10) Missed Delivery; Failed Delivery; Refusal; Storage and Re-Delivery Fees

If delivery cannot be completed because you are unavailable, cannot be contacted, the location is inaccessible/unsafe, required information was not provided, or you refuse delivery (including because an item does not fit), you are responsible for any storage fees, re-delivery fees, return shipping fees, and carrier charges.

Any such fees may be billed to you and/or deducted from any refund or credit to the extent permitted by law. A refused delivery may be treated as a return (if eligible) and is subject to restocking and return shipping fees.

11) Inspection; Damage; Defects; Claims (72-Hour Window)

Inspection at delivery

We strongly recommend that you inspect packaging and products at delivery and note visible damage/shortages on the delivery receipt/Bill of Lading before signing when possible. Carrier claim rights may be affected if damage is not documented at delivery.

Concealed damage reporting deadline

Concealed damage must be reported to us within 72 hours of delivery.

Documentation and packaging

You must provide clear photos and retain all packaging until the claim is resolved. Failure to retain packaging or provide timely documentation may limit available resolutions.

Claims handling and resolution

Memoky will file carrier claims when applicable, and you agree to cooperate by providing photos and delivery documentation. At our discretion (and subject to vendor availability), remedies may include replacement parts, repair, replacement item, discount, store credit, or refund for the affected item(s). Remedies do not include incidental or consequential damages.

12) Cancellations and Order Changes

You may request to cancel or modify an order until it ships, subject to the terms below. Processing can begin quickly, so we cannot guarantee we can accommodate all requests.

• If an order is already shipped or in transit (even if not yet marked delivered), it cannot be canceled and will be treated as a return (if eligible), subject to return shipping and restocking fees.

• For orders already processed with a vendor/manufacturer, including made-to-order/special order items, we may charge a cancellation fee of 10%–20% depending on vendor costs and the stage of processing.

13) Returns; Restocking Fees; Refunds (14 Days)

Returns are also governed by our Refund Policy [LINK]. If there is a conflict between these Terms and the Refund Policy, the Refund Policy controls for returns/refunds.

Return window

Eligible returns must be requested within 14 days of delivery.

Return conditions

Returned items must be:

• new/unused, unassembled, unmodified

• free of damage, stains, odors, or soiling

• returned in original packaging with all inserts and components

Return shipping

Return shipping and pickup fees are the customer’s responsibility. We may assist with arranging return shipping; any costs will be billed to you or deducted from your refund/credit.

Restocking fee

Eligible returns are subject to a 15%–20% restocking fee.

Original shipping is not refundable

Original shipping/handling fees are non-refundable.

Final sale and made-to-order items

Items marked Final Sale / Closeout / Clearance and made-to-order/custom/special order items are not eligible for return, except where required by law or where we determine there is a verified defect or transit damage handled under Section 11.

Inspection and refunds

Returned items are inspected upon receipt. If approved, refunds are issued to the original payment method (or store credit if specified in the Refund Policy). Processing times vary by payment provider.

14) One-Year Limited Warranty

Unless otherwise stated on the product page, Memoky provides a one-year limited warranty from the date of delivery covering defects in materials and workmanship under normal residential use.

This warranty does not cover:

• normal wear and tear

• natural material variation (wood grain, veining, patina, dye lots, texture)

• damage from misuse, accidents, improper care/cleaning, improper assembly, movers/contractors, or commercial use beyond intended design

• carrier damage (handled under Section 11 when timely reported)

At our discretion, remedies may include repair, replacement parts, replacement product, store credit, or refund for the affected item. Proof of purchase is required.

15) Trade / Professional Accounts

We offer trade pricing and trade accounts for qualified professionals. Trade benefits, pricing, and eligibility may be subject to additional requirements, verification, and separate terms and conditions (“Trade Terms”). We may approve, deny, suspend, or revoke a trade account at our discretion. Misuse of trade discounts, resale certificates, or account access may result in cancellation of orders and/or account termination.

16) User Content; Reviews; Feedback

If you submit or post reviews, photos, comments, ideas, suggestions, or other content (“Feedback”), you grant Memoky a perpetual, worldwide, royalty-free, sublicensable license to use, reproduce, modify, publish, distribute, and display such Feedback for any lawful purpose, including marketing.

You represent that you own or have all necessary rights to your Feedback and that it does not violate any law or third-party rights. We may remove Feedback that we consider unlawful, abusive, defamatory, obscene, or otherwise objectionable.

17) Intellectual Property

All content on the Services—including text, images, graphics, design, layout, trademarks, and logos—is owned by Memoky or its licensors and protected by intellectual property laws. You may use the Services for personal, non-commercial purposes only. Unauthorized reproduction, distribution, or exploitation is prohibited.

18) Prohibited Uses

You agree not to misuse the Services, including by:

• violating laws or regulations

• infringing intellectual property or privacy rights

• scraping/crawling the Services without permission

• transmitting malware, interfering with security features, or attempting unauthorized access

• submitting fraudulent orders or payment disputes in bad faith

We may suspend or terminate access for violations.

19) Third-Party Links; Optional Tools

The Services may include links or tools provided by third parties. We do not control third-party sites/tools and are not responsible for their content, policies, or practices. Your use is at your own risk.

20) Relationship with Shopify

Memoky is powered by Shopify, which enables us to provide the Services. However, purchases made through our store are transactions directly between you and Memoky. You acknowledge that Shopify is not responsible for any aspect of sales between you and Memoky and you expressly release Shopify and its affiliates from claims arising from your purchases and transactions with Memoky.

21) Privacy; Analytics

Our collection and use of personal information is described in our Privacy Policy [LINK]. We may use analytics and marketing tools such as Google Analytics and other relevant tracking technologies to understand site usage and improve the Services, as described in our Privacy Policy.

22) SMS Marketing (If Applicable)

If you opt in to receive marketing text messages from Memoky, you consent to receive recurring marketing messages. Message and data rates may apply. Consent is not a condition of purchase. You can opt out at any time by replying STOP (or as otherwise instructed). Additional details are provided at signup/checkout and in our Privacy Policy [LINK].

23) Disclaimer of Warranties

To the fullest extent permitted by law, the Services and products are provided “as is” and “as available” without warranties of any kind, express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow certain disclaimers, so some of the above may not apply to you.

24) Limitation of Liability

To the fullest extent permitted by law, Memoky (and its affiliates, officers, directors, employees, agents, contractors, and service providers) will not be liable for any indirect, incidental, special, consequential, or punitive damages, including lost profits, lost revenue, loss of data, or replacement costs arising from your use of the Services or products purchased through the Services.

To the fullest extent permitted by law, Memoky’s total liability for any claim will not exceed the amount you paid Memoky for the product(s) giving rise to the claim.

25) Indemnification

You agree to indemnify, defend, and hold harmless Memoky and Shopify (and their respective affiliates, officers, directors, employees, agents, contractors, licensors, and service providers) from any claims, losses, damages, liabilities, and expenses (including reasonable attorneys’ fees) arising out of your breach of these Terms, your violation of law, or your misuse of the Services.

26) Dispute Resolution; Arbitration; Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

You and Memoky agree that any dispute or claim arising out of or relating to the Services, these Terms, or purchases from Memoky will be resolved by binding arbitration, rather than in court, except that:

• you may bring claims in small claims court if eligible, and

• either party may seek injunctive relief in court for intellectual property misuse.

This arbitration agreement is governed by the Federal Arbitration Act.

No class actions. You and Memoky agree that disputes will be brought only in an individual capacity and not as a plaintiff or class member in any class, consolidated, or representative action.

Informal resolution first. Before starting arbitration, you agree to contact us at [email protected] with a description of the dispute and any relevant order number and allow at least 30 days for good-faith resolution.

Arbitration procedure. Arbitration will be conducted by a neutral arbitrator, and may be conducted by phone/video unless an in-person hearing is required by the arbitrator. The arbitrator may award the same damages and relief that a court could award, subject to these Terms.

Opt-out. You may opt out of this arbitration agreement within 30 days of your first purchase or first use of the Services by emailing [email protected] with the subject line “Arbitration Opt-Out” and including your name, address, and order number (if applicable).

If any portion of this Section is found unenforceable, then any permitted court proceeding will be brought in the state or federal courts located in New York, New York, and you consent to jurisdiction and venue there.

27) Governing Law

These Terms are governed by the laws of the State of New York, without regard to conflict-of-laws rules, except where federal law applies.

28) Severability; Waiver; Assignment; Entire Agreement

If any provision is found unenforceable, the remaining provisions remain in effect. Failure to enforce any right is not a waiver. These Terms and referenced policies constitute the entire agreement regarding the Services. You may not assign these Terms without our written consent; we may assign these Terms as permitted by law.

29) Changes to These Terms

We may update these Terms by posting a revised version on the Services. The “Last Updated” date will reflect changes. Your continued use after changes are posted constitutes acceptance of the updated Terms.

30) Contact Information

Sit Down New York, Inc. d/b/a Memoky
4700 Northern Boulevard, Long Island City, NY 11101, United States
Mailing address (mail only): P.O. Box 660123, Fresh Meadows, NY 11366
Email: [email protected]
Phone: 212-777-7795