Introduction
This page sets out the terms and conditions of use (the “Terms of Use”) on which this website www.johnnybailik.com (the “Site”) is made available to you. Please read this page carefully. By accessing the Site you are agreeing to comply with and be bound by the Terms of Use. You should keep a copy of this page for future reference.
Please note that the Terms of Use do not apply to any of our other websites or any third party websites which are linked to by the Site.
Your promise to us
You promise that you will comply with the restrictions on your use of the Site as set out in these Terms of Use.
User conduct
You agree that in using the Site you will not:
– use the Site or any of its Content (as defined below) for any unlawful purpose or in any way that may lead to the encouragement, procurement or carrying out of any criminal activity;
– transfer files which contain viruses, trojans or other harmful programs or use the Site or any of its Content (as defined below) in any way that interrupts, damages, impairs or renders the Site less efficient; or
– use the Site for any purpose other than your personal or not-for-profit educational use.
Rights granted and rights reserved
All content available on the Site including, but not limited to, text, graphics, logos, button icons, images, audio and video clips, data compilations and software, and the compilation thereof (the “Content”) is the property of us, our affiliates, our partners or our licensors, and may be protected by The United States of American and international copyright and other similar laws. Your use of the Site and the Content grants no rights to you in relation to our or any third party’s intellectual property rights in the Site and the Content.
We have endeavoured to trace all copyright holders and gain permission for use of the Content on this Site. We invite any information concerning copyright and if you consider that you are the copyright holder in respect of any Content on the Site and we have not obtained your permission please contact us at info@johnnybailik.com
You may not copy, reproduce, republish, download, print, post, perform, broadcast, record, transmit, commercially exploit, edit, communicate to the public or distribute in any way the Site pages, any Content or the computer codes of elements comprising the Site. You may however view the Site and access its Content in an unaltered form (for the avoidance of doubt, alterations shall include stretching, compressing, colouring, cropping or altering in any other way so as to distort Content from its original proportions or format) for personal or not-for-profit educational use and make temporary downloads of its Content solely for the purpose and duration of viewing and (where applicable) listening to the Content, provided that you keep intact all copyright notices and otherwise acknowledge the copyright in such Content. We may withdraw this right on notice to you at any time.
Any use which is not permitted by these Terms of Use may only be undertaken with our prior express written consent.
Emails from us
Your use of any information or other content contained in emails received from us will be subject to these Terms of Use.
Privacy Policy
Any information that you provide about yourself to us will only be used by us in accordance with our Privacy Policy. Our Privacy Policy does not apply to any of our other websites or any third party websites.
Submissions
We welcome inquiries or feedback in relation to the Site and/or its Content. However, it is our policy to decline unsolicited suggestions and ideas. Notwithstanding this policy, any inquiries, feedback, suggestions, ideas or other information you provide us (collectively, “Submissions”) will be treated as non-proprietary and non-confidential.
Subject to the terms of our Privacy Policy, by transmitting or posting any Submission, you grant us a non-exclusive, royalty-free, transferable and fully sub-licensable right to use, reproduce, modify, adapt, publish, sell, assign, translate, create derivative works from, distribute, and display any Submission in any form, media, or technology, whether now known or hereafter developed, alone or as part of other works. You also acknowledge that your Submission may not be returned and we may use your Submission, and any ideas, concept, know-how or intellectual property rights contained in it, for any purpose.
If you make a Submission, you promise that you own or otherwise control the rights to your Submission. You further promise that such Submission does not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of “spam”. You may not use a false email address, impersonate any person or entity, or otherwise mislead us as to the origin of any Submission. You agree to compensate us in full for any third party claim which is related to any Submission you provide.
Links to and from other websites
You may establish links to the Site provided you:
– do not remove or obscure any copyright notice or other notices on the Site;
– give us notice of such link by emailing us at info@johnnybailik.com
– immediately stop providing such links upon request from us; and
– do not establish embedded links (i.e. direct links to Content on the Site which do not show the rest of the page(s) on which such Content would normally be seen on the Site).
Links within the Site may lead to third party websites which are not under our control. These are intended for your ease of reference and convenience only. We do not control or endorse such websites and are not responsible for their contents. We assume no responsibility for and shall not be liable for any loss or damage which you may suffer by using such websites. You agree that you will not involve us in any dispute between you and any third party in respect of such websites.
Disclaimer
The Site may contain Content which some users may find offensive, controversial or distasteful, and/or which is only suitable for adults. If you are a parent, it is your responsibility to ensure that the Site and/or its Content is suitable for your child to view. We recommend that anyone under 18 is supervised when accessing the Site. You should not access Content on the Site if you think you may be offended by it.
Limits on Liability
We accept liability for death or personal injury caused by our negligence or that of our employees and agents. We do not seek to exclude liability for fraudulent misrepresentation by us or our employees or agents. You have certain rights under the law which we cannot exclude. Nothing in these Terms of Use is intended to affect these statutory rights. For more information about your statutory rights you can contact your local Business Bureau.
We are not responsible for: (i) losses not caused by our breach of the Terms of Use; (ii) indirect losses which means loss to you which is a side effect of the main loss or damage and where you and us could not have reasonably anticipated that type of loss arising at the time of entering into these Terms of Use; or (iii) failure to provide the Site or to meet any of our obligations under these Terms where such failure is due to events beyond our control (for example a network failure).
We do not accept any liability for damage to your computer system or loss of data that results from your use of the Site and we cannot guarantee that any files that you download are free from viruses, contamination or destructive features.
Whilst we use reasonable endeavours to correct any errors or omissions as soon as practicable once they have been brought to our attention, we do not promise that the information on the Site itself will be free from errors or omissions. We do not promise that the Site will be available uninterrupted and in a fully operating condition.
Access to the Site or any part of it may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons reasonably beyond our control.
Compensation
You agree to compensate us in full for any loss, damages or costs, including reasonable legal fees, which arise if you breach our or any third party’s intellectual property rights in connection with your use of the Site and/or any Content, or which result from your use of software robots, spiders, crawlers or similar data gathering and extraction tools, or from any other action you take that imposes an unreasonable burden or load on our infrastructure.
General
If you breach the Terms of Use and we take no action against you, we will still be entitled to use our rights and remedies in any other situation where you breach the Terms of Use.
If we take legal action against you for any breach of the Terms of Use and a court makes an award in our favour, you will be responsible for all costs allowable by the courts. In addition, you agree to compensate us for any claim or legal proceedings brought against us by any other person as a result of your breach of the Terms of Use.
If any part of the Terms of Use is disallowed or found to be ineffective by any court or regulator, the other provisions shall continue to apply.
These Terms of Use are not intended to give rights to anyone except you and us.
If you wish to take court proceedings against us in respect of our Terms of Use you must do so within The United States of America.
Changes to Terms of Use
We may make changes to these Terms of Use from time to time, in which case any changes will be published on this page. By continuing to use the Site, you shall be deemed to agree to be bound by those changes and revised terms. This page was last updated on November 11 2012.
Privacy
This page sets out the privacy policy of Science Limited (“we”, “us” and “our”) in respect of our website at www.johnnybailik.com (the “Site”) and explains how we use your personal information. Personal information means any information about you which is personally identifiable such as your name, address, telephone number or email address and is generally referred to throughout this policy as “Your Information”. Please note that this privacy policy does not apply to any of our other websites or any third party websites which are linked to by the Site.
Who are we?
We are Creative Advertising Media, LLC., a company registered in California, USA. If you have any questions, please write to us at info@johnnybailik.com.
We have notified the Secretary of State and we are registered on the Data Protection Register.
What information do we collect about you?
We may collect and process the following data about you:
– if you choose to register as a user of the Site, we will ask you to provide us with an email address;
– if you want to receive information and updates about the Site and its contents by email, we will ask you to provide us with your email address;
– details of your visits to the Site and the resources that you access; and
– if you contact us, we may keep a record of that correspondence.
How will we use your information?
We may use Your Information to:
– send you emails containing information and updates about the Site and its contents;
– allow you to save items published on the Site so that you can find them easily on the Site;
– respond to any communications you send us;
– gain a clearer understanding of our users and how they interact with the Site; and
– help us improve the Site.
Cookies and Google Analytics
Cookies are small pieces of information stored by your browser on your computer’s hard drive. If you want to know more about cookies and how they work, please refer to the following websites: http://www.allaboutcookies.org and http://www.youronlinechoices.com.
If you are a registered user of the Site, we will use a cookie for the duration of your visit to the Site for the purposes of allowing you to save items so that you can find them again easily. After you close your browser, this cookie will expire.
We also use Google Analytics, a web analytics service provided by Google, Inc. Google Analytics uses cookies to collect information about details of our users’ visits to the Site (including IP addresses) and the resources they access on it. Google Analytics provides us with reports based on this information in order to us to help us understand how visitors engage with the Site. Google Analytics will not transfer the information it collects to any third party except where required to do so by law. Please note that we will not use Google Analytics to collect any information from which you can be personally identified, and we will not associate the information provided to us by Google Analytics with Your Information. Google Analytics’ cookies will remain on your computer for between thirty minutes and two years from being set / updated, unless you delete them before they expire. For more information about Google Analytics, please visit http://www.google.com/intl/en/analytics/privacyoverview.html.
You may refuse to accept cookies by activating the setting on your browser which allows you to refuse the setting of cookies. Unless you do this, cookies will be issued when you use our Site, but you can delete them via your browser at any time. If you do not accept cookies, or decide to delete them, you will still be able to access and use the Site but you won’t be able to save any items. You can also install the Google Analytics Opt-Out Browser Add-On to prevent Google Analytics cookies being set, which is available for download here: http://tools.google.com/dlpage/gaoptout?hl=en.
Will we share or transfer your information?
We will not share Your Information with a third party except:
– where we are under a duty to disclose or share your Information in order to comply with any legal or regulatory obligation;
– if we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets, or if Science Limited or substantially all of its assets are acquired by a third party, in which case personal data held about our users will be one of the transferred assets;
– in order to enforce our Terms of Use; and/or
– to protect the rights, property, or safety of Science Limited, our employees, other users or others.
We will not transfer any of Your Information to destinations outside of the European Economic Area.
Access to your information, correction and unsubscribing
– To find out more about how your data will be used, or to make a complaint, please contact us at info@johnnybailik.com.
– You have the right to request a copy of the information that we hold about you. If you would like a copy of some or all of the information we hold about you, please contact us by email at info@johnnybailik.com. We may make a small charge for this.
– We want to make sure that Your Information is accurate and up to date. You may ask us to correct or remove information you think is inaccurate by contacting us by email at info@johnnybailik.com.
– You have the right to unsubscribe from any emails we send you. You can do this by clicking on the link at the bottom of every email we send to you or by contacting us by email at info@johnnybailik.com.
– We hope you will be happy with the way we handle your information but if not you have the right to complain to the Secretary of State if there is a problem.
Changes to Terms of Privacy
We may make changes to these Terms of Privacy from time to time, in which case any changes will be published on this page. By continuing to use the Site, you shall be deemed to agree to be bound by those changes and revised terms. This page was last updated on November 11 2012.
How to contact us
Please contact us if you have any questions about our privacy policy or information we hold about you by email at info@johnnybailik.com.
Online Store Introduction
Welcome to the johnnybailik.com website (the “Website”). Godfuel Studios provides the products and services available on the Website. Your use of this Website is governed by the Terms and Conditions set out below. By using any part of this Website, completing your customer registration with us and/or placing an order on the Website you agree to be bound by the Terms and Conditions which forms a contract between you and us.
About the Website
We endeavour to ensure that the availability of the Website will be uninterrupted and that transmissions using it will be error-free. However, due to the nature of the internet, this cannot be guaranteed. Also, your access to the Website or parts of it may occasionally be suspended or restricted to allow for repairs, updates, maintenance or the introduction of new facilities.
Eligibility
To be eligible to purchase products on this Website and to lawfully enter into and form contracts on this Website under English law you must:
– register to use the Website;
– be 18 years old or older;
– be the holder of a valid debit/credit card; and
– You warrant that the personal information which you are required to provide when you register as a customer is true, accurate and current in all respects. If your personal information changes then please notify us immediately by updating your information through the prompts on the Website.
-You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorized to use.
Privacy
Please review our Privacy Policy, which explains our use of information you provide via the Website (including that provided as part of the registration process in the section below) so that you may understand our privacy practices.
Language
The contract between you and us shall be concluded in English.
Registration, Placing an order
Before you can place an order with us for products from the Website, you will need to register with us to obtain a password. You will be guided through this process by a series of simple instructions on the Website. You must keep any password which we provide to you as a result of this process confidential and you must not allow anyone else to use your password. Further, issuing such a password to you does not imply any acceptance by us of your details and does not imply that we will accept you as a customer nor that you can place orders with us.
You place your order request for products from the Website by clicking on the confirm order button at the end of the on-line order process. You will be guided through the process of placing an order by a series of simple instructions on the Website.
Once you have placed your order, we will send to you an acknowledgement by email providing you with a customer order number and the value of your order which has been debited to your credit/debit card. This is not an order confirmation or order acceptance from Godfuel Studios.
Unless we have notified you that we do not accept your order or you have cancelled your order in accordance with the Cancellation and Returns Procedures set out below, our acceptance of your order and the completion of the contract between you and us will take place when you receive an email from us notifying you that we have dispatched the products ordered by you. We will also send you a separate email following the dispatch email which acts as a VAT invoice and receipt.
Our acceptance of your order will be deemed complete and received by you at the time and date of sending of the email, which time and date is specified on the email. The deemed time and date of receipt by you shall apply regardless of whether, for reasons outside our control, you have not received that email. From our acceptance of your order, please allow 28 days for delivery (although delivery of framed prints may take longer (see Delivery section below)).
If you do require any information regarding your order(s) please email info@johnnybailiik.com.
We may not accept your order if an item you have ordered is out of stock, we are unable to obtain authorization for your payment or if we identify a product or pricing error. We reserve the right to reject any offer to purchase by you at any time.
If we are unable to fullfill your order following our order acknowledgement, we will contact you by email, post or telephone advising you of this. See Cancellation and Returns Procedures below.
Description of Products and Accuracy of Information
We will take all reasonable care to ensure that all details, descriptions, depictions and prices of products appearing on the Website are correct at the time when the relevant information was entered onto the system. Although we aim to keep the Website as up to date as possible, the information including product descriptions, depictions and availability appearing on the Website at a particular time may not always reflect the position exactly at the moment you place an order. In particular, please note that colors as they appear on-screen may not be representative of the colors as they actually appear on products. To the extent permitted by applicable law, we do not warrant that product descriptions, depictions, colors, availability details or other content available on the Website are accurate, complete, reliable, current, or error-free.
We cannot confirm the price or availability of a product until your order is accepted in accordance with our order acceptance policy set out above.
Passing of Property
We will retain the legal ownership of the products until full payment has been made by you and such payment has been received by us. Legal ownership of the products will immediately revert to us if we refund any such payment to you.
Risk
Risk in the products will pass to you on delivery to you.
Acceptance
Upon receipt of the products you must inspect the products and you will be deemed to have accepted the products unless you notify us that you have cancelled the order and/or you return the products in accordance with the Cancellation and Returns Procedures. If no such action is taken, we shall not be obliged to accept any rejection of the products at a later date.
If you have not received the entire order as detailed in the order confirmation email sent to you when an order is received, please email us here.
Your statutory rights are not affected.
Cancellations and Returns Procedures
Please note that if, for any reason, you wish to return a product bought from us you may cancel your order within seven working days after delivery (starting the day after you receive the products). To exercise this right you must give us notice by email before the end of the seven day period and you must return the products to us in accordance with the steps for return set out below. Your cancellation right applies to any products you order from us, except for personalized products (such as prints framed to your specification) and to any digital items, unless there is an error on our part or because a product is damaged or defective.
Should you wish to cancel your order before it has been dispatched, please email us. Please provide your customer order number and the date of your order in this email.
Orders are generally processed immediately (although please do allow 28 days for delivery once we have accepted your order, as referred to above) so we may have already prepared your order and arranged for it to be dispatched (if it has not already been dispatched). As a result, we may not be able to stop the order from being sent. If this is the case, once you receive the products you will have to return them to us in accordance with the following returns procedure, which also applies generally to products which you have received and you would like to return:
Returns – Step 1.
Email us here within the above time limits. Please provide full details of the customer order number and the products which are being returned. We will then email you with a returns number and Returns Form. Any notice given by you after the time limits shall not be effective to entitle you to return your products or receive a refund. Please note that we cannot accept returned products which have been personalized or which we reasonably believe have been used.
Returns – Step 2.
Once you have contacted us and have a returns number, please complete the Returns Form we have provided, including a brief description of the products being returned, original customer order number and returns number. Please retain the Customer Copy of the Returns Form for your records.
Returns – Step 3.
Return the products, properly and securely packaged, to the following address by recorded delivery:
Godfuel Studios Ltd, 1095 Tuscarawas Rd. Beaver, PA 15009 (Pittsburgh)
You must take reasonable care to ensure returned products are received by us and are not damaged in transit, bearing in mind the nature and value of the product. Godfuel Studios accepts no liability if you return products by any method other than a recorded delivery method (one that requires a signature upon receipt). In any event, Godfuel Studios accepts no liability in respect of returned products unless and until such returned products have been received by us in their original condition and in their original packaging, and which we reasonably believe have not been used. Please make sure that the returned package is properly secured, that you have enclosed the necessary Returns Form and the original dispatch note which was included in the delivery to you.
You must retain the recorded delivery receipt for your own purposes in order to provide proof to us that you have returned the products by recorded delivery. This will be required by us only in the unlikely event that the products are not successfully returned despite being sent by recorded delivery.
Returns – Step 4.
After the returned items have arrived at our Returns Department, they will be examined and the appropriate refund will be calculated.
You are entitled to reject the products if there is an error on our part or because any product is damaged or defective and we will refund you: the price you paid for the products which you have returned to us (inclusive of the initial delivery charge, or if part of a larger order, the standard per item delivery charge); and the return recorded delivery costs for the return carriage of the product from the original delivery point to Godfuel Studios (provided that you enclose a valid till receipt indicating such return recorded delivery costs).
In all other instances, if you return products in accordance with our above returns procedures then we will refund you the price you paid for the products that you have returned to us (inclusive of the initial delivery charge, or if part of a larger order, the standard per item delivery charge), but we will not refund the return recorded delivery costs for the return carriage of the products to our Returns Department.
Please note that we cannot accept returned products that are not in their original condition and in their original packaging, or which we reasonably believe have been used. In such circumstances, no refund will be available, and you will be responsible for arranging for such products to be returned to you within 28 days of our notification to you that we will not process a refund in respect of such products.
Returns – Step 5
We will process the applicable refund and notify you by email when your refund has been processed. We will so process the returned products and any applicable refund within 30 days after our receipt of your notice of cancellation. We will refund any such applicable refund by crediting your credit/debit card (as applicable).
If you cancel your order but do not return such products to us within 21 days we shall be entitled to recover such products from you and to charge you for the direct costs of recovering such products. You should note that these charges (which may be deducted from any refund) could be greater than the cost of you returning the products to us and may exceed the price you have paid for the products. Until such products are returned to us, you are obliged to exercise all reasonable care to store the products safely and in appropriate conditions.
Your statutory rights remain unaffected by our Cancellation and Returns Procedures.
Complaints
If you wish to complain about any matter in respect of the products or our services please email us here
Sample
Any products and services, and any samples thereof, we may provide to you are for personal, non-commercial use only. You may not sell or re-sell any of the products or services, or any samples thereof, that you receive from us. Note further than any samples which may be provided may not necessarily be fully representative of similar products.
Intellectual Property
All content available on the Website and/or forming part of or on the products depicted or made available by means of the Website, including, but not limited to, text, graphics, logos, button icons, images, audio clips, data compilations, and software, and the compilation thereof (the “Content”) is the property of Godfuel Studios, our affiliates, our partners or our licensors, and is protected by UK and international copyright and other similar laws.
The names (including any artists names), trademarks, logos, and service marks displayed on the Website and/or forming part of or on the products depicted or made available by means of the Website (collectively, the “Trade Marks”) are the registered and unregistered marks of Godfuel Studios, our affiliates, our partners or our licensors, in the UK and other countries, and are protected by UK and international trade mark and similar laws. All other Trade Marks not owned by us, our affiliates, our partners or our licensors that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.
Except as set forth in the Limited License section below, or as required under applicable law, neither the Content, the Trade Marks, nor any other portion of the Website or any of the products depicted or made available by means of the Website may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in full or in part, for any purpose without our prior written consent.
Limited License
We grant you a limited, revocable, and non-exclusive License to access and make personal, non-commercial use of the Website. Please note that you may not frame or utilise framing techniques to enclose the Website or any portion thereof without our prior written consent.
The limited License set forth in this section does not include the right to: modify or download the Website or its contents (except caching or as necessary to view content); make any use of the Website, the products depicted or made available by means of the Website or their Content other than personal, non-commercial use; create any derivative work based upon either the Website, the products depicted or made available by means of the Website or their Content; collect account information for the benefit of another party; create any hypertext link to any part or parts of the Website; use any meta tags or any other “hidden text” utilizing our name or the Trade Marks without our express written consent; or use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure.
Without prejudice to any other remedy provided by applicable law: any unauthorized use by you of the Website or contrary or in breach of these Terms and Conditions terminates the limited License set forth in this section; you must not use the Website in any way that causes, or is likely to cause, the Website or access to it be interrupted, damaged or impaired in any way; you must not use the Website for fraudulent purposes, or in connection with a criminal offence or other unlawful activity; to send, use or reuse any material that is illegal, offensive, abusive, distasteful, defamatory, obscene, indecent, blasphemous, offensive, menacing or controversial, or which infringes any party’s intellectual property rights or right to privacy, or which constitutes or contains software viruses, commercial solicitations, chain letters, mass mailings, or any form of “spam”, or which is for any campaigning or annoys, inconveniences or causes any needless anxiety.
Third Party Links
We are not responsible for the content of any off-Website pages or any other websites linked to or from the Website. Links appearing on the Website are for convenience only and are not an endorsement by us, our affiliates, our partners or our licensors of the referenced content, product, service, or supplier. Your linking to or from any off-Website pages or other websites is at your own risk. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of, off-Website pages or any other websites linked to or from the Website, nor do we assume any responsibility or liability for the actions, content, products, or services of such pages and websites, including, without limitation, their privacy statements and terms and conditions. You should carefully review the terms and conditions and privacy policies of all off-Website pages and other websites that you visit.
Submissions
We welcome inquiries or feedback on the products you use or might like to purchase, however, it is our policy to decline unsolicited suggestions and ideas. Notwithstanding our policy with regard to unsolicited suggestions and ideas, any inquiries, feedback, suggestions, ideas or other information you provide us (collectively, “Submissions”) will be treated as non-proprietary and non-confidential. Subject to the terms of our Privacy Policy, by transmitting or posting any Submission, you hereby grant us a non-exclusive, royalty-free, transferable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, sell, assign, translate, create derivative works from, distribute, and display any Submission in any form, media, or technology, whether now known or hereafter developed, alone or as part of other works. You also acknowledge that your Submission may not be returned and we may use your Submission, and any ideas, concept, know- how or intellectual property rights contained therein, for any purpose including, without limitation, developing, manufacturing, distributing and marketing products.
If you make a Submission, you represent and warrant that you own or otherwise control the rights to your Submission. You further represent and warrant that such Submission does not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of “spam”. You may not use a false email address, impersonate any person or entity, or otherwise mislead us as to the origin of any Submission. You agree to indemnify us for all claims arising from your claims to any rights in any Submission.
Representations and Warranties and Limitation of Liability
The Website is presented “as is”. We make no representations or warranties of any kind whatsoever, express or implied, in connection with these terms or the Website, including but not limited to warranties of satisfactory quality, non-infringement or fitness for a particular purpose, except to the extent such representations and warranties are not legally excludable.
You agree that, to the fullest extent permitted by applicable law, we will not be responsible or liable (whether in contract, tort or otherwise), under any circumstances, for any: interruption of business; access delays or access interruptions to the Website;
data non-delivery, misdelivery, corruption, destruction or other modification; loss or damages of any sort incurred as a result of dealings with or the presence of off-website links on the Website; computer viruses, system failure or malfunction which may occur in connection with your use of the Website, including during hyperlink to or from third party websites; any inaccuracies, omissions or misleading, false or deceptive statement in the content; or events beyond our reasonable control.
Further, to the fullest extent permitted by law we will not be liable for any direct, indirect, special, incidental, or consequential damages of any kind (including lost profits or loss of expectation or loss of business opportunity) related to the Website regardless of the form of action whether in contract, tort (including negligence), or otherwise, even if we have been advised of the possibility of such damages. In no event shall our maximum aggregate liability exceed one hundred pounds sterling (GBP£100.00). Because some countries do not allow the exclusion or limitation of liability for consequential or incidental damages, in such countries, our liability is limited to the maximum extent permitted by applicable law.
Indemnity
You agree to defend, indemnify and hold us harmless for any loss, damages or costs, including reasonable legal fees, resulting from any third party claim, action, or demand resulting from your use of the Website outside of and/or in breach of these Terms and Conditions. You also agree to indemnify us for any loss, damages, or costs, including reasonable legal fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.
Disputes
To the fullest extent permitted by applicable law, any dispute relating in any way to your visit to the Website and any purchase by you of any products from Godfuel Studios shall be submitted to confidential arbitration in London, except that, to the extent you have in any manner violated or threatened to violate our (or any of our affiliates’, our partners’ or our licensors’) intellectual property rights, we may seek injunctive or other appropriate relief in the English Courts, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the International Chamber of Commerce. The arbitrator’s award shall be binding and may be entered as a judgement in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise. To the extent arbitration is not permitted by applicable law, any dispute relating in any way to your visit to the Website shall be submitted to an appropriate court or other judicial body in London, and all applicable provisions of this section shall apply.
General
You acknowledge and agree that these Terms and Conditions (and the other documents referred to in these Terms and Conditions), together with our Privacy Policy, constitute the complete and exclusive agreement between us concerning your use of the Website and any purchase by you of any products from Godfuel Studios, and supersede and govern all prior proposals, agreements, or other communications.
If any provision of these Terms and Conditions is held to be illegal, invalid or unenforceable in whole or in part, then these Terms and Conditions shall continue to be valid as to the other provisions and the remainder of the affected provision. Any waiver of any of the provisions of these Terms and Conditions by Godfuel Studios shall not be deemed a waiver of any subsequent breach or default and shall in no way affect the other provisions of these Terms and Conditions.
No failure to exercise and no delay on the part of either party in exercising any right, remedy, power or privilege of that party under these Terms and Conditions and no course of dealing between the parties shall be construed or operate as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power or privilege preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights and remedies provided by these Terms and Conditions are cumulative and are not exclusive of any rights or remedies provided by law. Time shall not be of the essence of these Terms and Conditions as regards any of the times, dates and/or periods mentioned herein.
Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, or other form of joint enterprise between us.
We reserve the right to change these Terms and Conditions at any time and we encourage you to revisit these Terms and Conditions periodically to ensure that you are at all times fully aware of our Terms and Conditions. Any changes are effective immediately upon posting to the Website. Your continued use of the Website constitutes your agreement to all such Terms and Conditions.
We may, with or without prior notice, terminate or suspend any of the rights granted by these Terms and Conditions (including without limitation your use of any password provided to you) and/or your access to this Website or any part thereof. You shall comply immediately with any termination, suspension or other notice, including, as applicable, by ceasing all use of the Website (including without limitation your use of any password provided to you). All liability of Godfuel Studios (and its affiliates’, its partners’ or its licensors’ liability) as a result of such termination or suspension is hereby excluded to the fullest extent permissible by law.
We reserve the right to refuse to supply products to any person for any reason whatsoever, to withdraw any products from the Website at any time and/or remove or edit any materials or content (including without limitation any Content) on the Website. We will not be liable to you or any third party by reason of our withdrawing of any products from this Website whether or not such products have been sold; removing or editing content (including without limitation any Content) on the Website; refusing to process a transaction or unwinding or suspending any transaction after processing has begun.
If you have any questions regarding these Terms and Conditions, please email us here.
Governing Law
Your use of this Website and any purchase by you of any products from Godfuel Studios shall be governed by English law and the parties hereto submit to the exclusive jurisdiction of the US courts.
Use of Images
All images are © the artist Johnny Bailik and Godfuel Studios.
Images may be used to promote the sale of the work only and must not be stored for future use.
Images must not be edited or manipulated in any way.
The artist Johnny Bailik and Godfuel Studios must be credited.
You agree to comply with these Terms and Conditions on reproducing any images via Godfuel Studios.
If you wish to reproduce these images for any other purposes including print, press, online use, broadcasting, please email us here for permissions.
Return & Shipping Policy
Johnny Bailik and Godfuel Studios makes every attempt to ship your artwork as soon as possible. Once we have confirmed your order, we will email an estimated ship date.
All of the artwork is handmade in the artist’s studio in the USA. Because the work is handmade, it can take up to two to four weeks from the receipt of your order for a piece to be completed and be ready for shipping. Most of the time we do have pieces ready and can be shipped within 48 hours. Please give us a call if you would like to check on immediate availability.
We typically uses USPS insured priority mail (2-3 days) to ship small items, although we may also use FedEx or UPS depending on the size, distance, and overall shipping costs associated with the work. Larger pieces are typically shipped via FedEx ground. We use tracking for our packages when available and will make tracking information available to our customers as well.
The art print is shipped rolled in a tube, and arrives ready to frame. All of our fine art prints are meticulously packaged and shipped by USPS within 7-10 business days after payment verification/clearance. Additional delays may occur when multiple orders are placed, stock is limited, changes to the order are requested, or non-standard payment methods are utilized. For art prints we ship almost exclusively via USPS (United States Postal Service).
Before contacting us, please read the following guidelines for returns:
Inquiries about exchanges or refunds must be made within 7 days from the date your order was marked delivered. There are no refunds for gift certificate purchases.
International orders including bulk items may incur additional shipping charges. Please contact us for a quote.
Shipping Damage
We pack our pieces with extra care, doing our best to ensure that they won’t be damaged, and all packages are labeled with special handling instructions. In the event that a piece is damaged, if it’s possible, we’ll replace your purchase as soon as we are notified once proof of the damage has been received (you can send in a digital snapshot). Many pieces are original one-of-a-kinds, so we are unable to replace damaged pieces if there is no other similar work available. If a piece is damaged in shipping and no replacement is available, we will refund your purchase.
Events
We actively attend events and may be in your area where you can pick-up your piece and meet the artist directly. While we are attending events we need to postpone shipping until we are back in the studio.