Terms of service

These Terms of Service ("Terms") govern your access to and use of the website, products, and services offered by BerserkStudios, doing business as Berserk Studios ("Berserk Studios," "we," "us," or "our"), through www.berserkstudios.us and any related services.

By visiting our website, placing an order, requesting a quote, submitting files or design references, or otherwise using our services, you agree to be bound by these Terms and by any policies referenced in these Terms, including our Refund Policy, Shipping Policy, and Privacy Policy. If you do not agree, do not use this website or purchase from us.

1. ELIGIBILITY AND ACCEPTANCE

You represent that you are at least the age of majority in your state or province of residence, or that you are using this website with the consent and supervision of a parent or legal guardian. You may not use our website or products for any unlawful purpose or in violation of any applicable law.

2. ABOUT BERSERK STUDIOS

Berserk Studios creates and sells handmade, custom, made-to-order, small-batch, and in-stock products, including but not limited to collectible props, replicas, masks, helmets, display pieces, costume pieces, accessories, and related merchandise. Because many of our products are handmade, finished by hand, produced in small batches, or built to order, slight variation is normal and expected.

3. PRODUCT DESCRIPTIONS, PHOTOS, AND AVAILABILITY

We try to describe and photograph our products as accurately as reasonably possible. However:

(a) colors, finishes, textures, and appearance may vary based on lighting, screen settings, photography, and the handmade nature of the product;
(b) dimensions and weights are approximate unless expressly stated otherwise;
(c) small variations, minor asymmetry, visible handmade characteristics, finish variation, print or mold characteristics, seam variation, surface texture variation, and other non-material differences are not defects;
(d) product availability is subject to change at any time; and
(e) we may update, discontinue, substitute, improve, or modify products, packaging, and materials without notice.

We reserve the right to correct listing errors, pricing errors, typographical errors, or inaccurate availability information, and to cancel or refuse any order affected by such errors.

4. PROPS, MASKS, HELMETS, AND SAFETY DISCLAIMER

Unless a product listing explicitly states otherwise in clear writing, our products are sold as decorative, display, costume, cosplay, collector, or novelty items only.

Our products are not safety equipment and are not certified protective devices. They are not motorcycle helmets, hard hats, sports helmets, climbing gear, tactical gear, medical devices, respiratory devices, or protective equipment of any kind. They are not certified under DOT, SNELL, ANSI, OSHA, ASTM, CE, or any similar standard unless we expressly say so in writing in the product listing.

You agree not to rely on any Berserk Studios product for protection against impact, injury, heat, chemicals, projectiles, workplace hazards, athletic activity, road use, or any hazardous condition. Use of any wearable prop, mask, or helmet may affect visibility, balance, hearing, heat retention, and comfort. You assume all risk arising out of wear, display, handling, transport, modification, or use of our products.

Some items may contain small parts, rigid edges, coatings, magnets, adhesives, resins, plastics, or other materials that may not be suitable for children. Unless expressly stated otherwise, our products are not toys and are not intended for young children.

5. ORDERS, PRICING, AND PAYMENT

All prices are listed in USD unless otherwise stated. Prices, product offerings, promotions, and shipping charges may change at any time before an order is accepted.

Your order is an offer to purchase. We reserve the right to accept, decline, limit, or cancel any order for any lawful reason, including suspected fraud, pricing mistakes, suspected resale activity, inability to fulfill, insufficient information, payment issues, or violations of these Terms.

Payment must be received and authorized before we begin fulfillment, unless we expressly agree otherwise in writing. If we cancel an order before fulfillment and have already received payment, we will issue a refund in accordance with our Refund Policy and applicable law.

6. CUSTOM, COMMISSIONED, MADE-TO-ORDER, AND PREORDER ITEMS

This section applies to custom, commissioned, personalized, made-to-order, and preorder items.

(a) Quotes and Scope. Any quote, estimate, mockup, render, or timeline we provide is based on the scope, materials, references, and assumptions then available. Changes to scope may result in additional charges, updated production timelines, or refusal of further changes.

(b) Deposits and Payments. We may require full payment, partial payment, or a non-refundable deposit before beginning work, as stated on the invoice, product page, or quote. Unless otherwise required by law or expressly stated by us in writing, payments for custom or made-to-order work are non-refundable once production, sourcing, design work, finishing work, or fabrication has begun.

(c) Customer Approvals. If we request approvals, measurements, files, references, or decisions from you, you agree to respond promptly and accurately. Delays in your response may delay production and shipping timelines.

(d) Cancellations and Changes. Once production has begun on a custom, commissioned, personalized, made-to-order, or preorder item, you may not cancel the order except where required by law. Requested changes after production begins may be refused or may require additional cost and additional time.

(e) Artistic Interpretation. Unless we expressly agree in writing to exact-match specifications, you acknowledge that custom and handmade work involves artistic interpretation and manual production. Minor differences from concept art, digital renders, reference images, or prior pieces do not constitute defects.

(f) Customer-Supplied Materials and References. If you provide names, logos, artwork, measurements, design files, likenesses, references, instructions, or other content, you represent and warrant that you have all necessary rights and permissions to provide them and to authorize our use of them for your order. You are solely responsible for any infringement, privacy, publicity, or other claims arising from customer-supplied content.

(g) Ownership of Tools, Files, and Process. Unless we expressly agree otherwise in writing, you are purchasing the finished physical product only. Berserk Studios retains all right, title, and interest in and to all sketches, molds, masters, production files, digital sculpts, CAD files, print files, patterns, jigs, tooling, paint formulas, techniques, methods, and manufacturing know-how used or developed in connection with your order.

(h) Portfolio Use. Unless we expressly agree otherwise in writing before work begins, we may photograph, record, and display completed work for our portfolio, website, social media, and marketing.

(i) Abandoned Projects. If a custom project requires action from you and you do not respond for thirty (30) days or more, we may pause the project, close it, complete it based on the latest approved direction, or treat it as abandoned. Any refund or credit in that situation is at our sole discretion except where prohibited by law.

7. SHIPPING, FULFILLMENT, LEAD TIMES, AND DELIVERY

We may offer in-stock items, made-to-order items, preorders, and custom work. Estimated production times and estimated shipping times are estimates only, not guarantees, unless we expressly state otherwise in writing.

(a) Fulfillment Timelines. Any posted or quoted lead time is our good-faith estimate based on current workload, materials, and carrier conditions.

(b) Delays. We are not liable for delays caused by carriers, customs, weather, labor shortages, supplier delays, force majeure events, payment review, inaccurate address information, or circumstances outside our reasonable control. If a delay materially affects your order, we will handle it in accordance with applicable law and our posted policies.

(c) Address Accuracy. You are responsible for providing a complete and accurate shipping address. We are not responsible for delays, losses, or extra charges resulting from incorrect addresses supplied by you.

(d) Lost, Damaged, or Missing Packages. You must inspect your package promptly upon delivery. If an item arrives damaged, incomplete, or materially incorrect, you must contact us at berserkclients@protonmail.com within five (5) calendar days of delivery and provide your order number, clear photos of the product, all packaging, and the shipping label. Failure to do so may limit our ability to assist.

(e) Carrier Issues. Once a package is tendered to the shipping carrier, transit times are outside our direct control. We are not responsible for carrier delays. We are not responsible for theft or loss occurring after a package is marked delivered to the address you provided, subject to any non-waivable rights under applicable law.

(f) Customs and Import Charges. International customers are responsible for customs duties, VAT, import taxes, brokerage fees, and compliance with local laws unless we expressly state otherwise.

8. RETURNS, REFUNDS, CANCELLATIONS, AND EXCHANGES

Your purchase is also subject to our Refund Policy, available at: [REFUND POLICY LINK].

Unless otherwise required by law or expressly stated in our Refund Policy:

(a) custom, commissioned, personalized, made-to-order, and preorder items are final sale;
(b) deposits are non-refundable once work, sourcing, or production has begun;
(c) we do not accept returns based on buyer's remorse, subjective preference, minor handmade variation, color differences caused by screens or lighting, or misuse of the product;
(d) any approved return must be sent back in the condition required by our Refund Policy and at the buyer's expense unless the return is due to our error or a confirmed defect; and
(e) unauthorized returns may be refused.

If an item is damaged in transit or arrives materially different from what you ordered, contact us within the timeframe listed above so we can review the issue.

9. INTELLECTUAL PROPERTY

All content on this website, including our branding, logos, product photos, videos, text, graphics, designs, layout, and original product designs to the extent protected by law, is owned by Berserk Studios or used with permission and is protected by applicable intellectual property laws.

You may not, without our prior written consent:

(a) copy, reproduce, distribute, publish, modify, or commercially exploit our website content;
(b) mold, recast, duplicate, mass-produce, commercially scan, commercially 3D scan, commercially 3D print, reverse engineer for resale, or create derivative commercial products from our products, designs, or content; or
(c) use our name, logo, product photos, or branding in a way that suggests affiliation, approval, sponsorship, or endorsement.

10. LIMITED LICENSE TO USE THE WEBSITE

We grant you a limited, non-exclusive, revocable, non-transferable license to access and use this website for personal, non-commercial shopping and informational purposes only. This license does not include any resale or commercial use of the website or its contents, data mining, scraping, crawling, or use of our content to train, support, or build competing commercial products without our prior written consent.

11. USER SUBMISSIONS, REVIEWS, AND FEEDBACK

If you submit reviews, comments, suggestions, photos, testimonials, messages, or other content to us, you grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, display, publish, and share that content for business purposes, including marketing, unless prohibited by law.

You represent that your submissions are accurate, lawful, non-infringing, and do not violate the rights of any third party. We may remove or refuse any submission at our sole discretion.

12. PROHIBITED CONDUCT

You agree not to:

(a) use the website for unlawful purposes;
(b) interfere with the security or operation of the website;
(c) attempt unauthorized access to accounts, servers, or data;
(d) use bots, scraping tools, or automated systems to access the website without permission;
(e) impersonate another person or provide false information;
(f) submit infringing, defamatory, abusive, obscene, or fraudulent content;
(g) misuse chargebacks, payment disputes, refund requests, or claims processes; or
(h) violate these Terms or any posted policy.

We may suspend or terminate access, cancel orders, or take other lawful action if we believe you violated these Terms.

13. THIRD-PARTY SERVICES AND LINKS

Our website may contain links to third-party websites, payment processors, apps, platforms, or services. We do not control and are not responsible for third-party services, their content, or their policies. Your use of third-party services is at your own risk and subject to their terms.

14. PRIVACY

Your submission of personal information through the website is governed by our Privacy Policy, available at: [PRIVACY POLICY LINK].

15. DISCLAIMER OF WARRANTIES

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR WEBSITE, PRODUCTS, AND SERVICES 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, TITLE, AND NON-INFRINGEMENT.

We do not guarantee that the website will be uninterrupted, error-free, secure, or free of harmful components, or that any product or service will meet every expectation you may have.

Nothing in these Terms excludes any warranty or right that cannot lawfully be excluded under applicable law.

16. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BERSERK STUDIOS AND ITS OWNERS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, AFFILIATES, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, BUSINESS, GOODWILL, OR OPPORTUNITY, ARISING OUT OF OR RELATING TO YOUR USE OF THE WEBSITE, YOUR PURCHASE OR USE OF ANY PRODUCT, OR THESE TERMS.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO A PRODUCT OR ORDER WILL NOT EXCEED THE AMOUNT YOU ACTUALLY PAID TO US FOR THE SPECIFIC PRODUCT OR ORDER GIVING RISE TO THE CLAIM.

Nothing in these Terms limits liability that cannot lawfully be limited under applicable law.

17. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Berserk Studios and its owners, officers, employees, contractors, agents, affiliates, and service providers from and against any claims, liabilities, damages, losses, judgments, settlements, penalties, costs, and expenses, including reasonable attorneys' fees, arising out of or related to:

(a) your breach of these Terms;
(b) your misuse of the website or any product;
(c) your violation of any law or third-party right; or
(d) any content, files, instructions, or materials you provide to us.

18. FORCE MAJEURE

We are not liable for failure or delay in performance caused by events beyond our reasonable control, including acts of God, fire, flood, earthquake, severe weather, pandemic, war, terrorism, civil unrest, labor disputes, power or internet outages, supplier failures, shipping disruptions, governmental action, or material shortages.

19. TERMINATION

We may terminate or suspend your access to the website or cancel an order at any time, with or without notice, if we believe you violated these Terms, engaged in fraud or abuse, created risk for us, or if fulfillment becomes impossible or impracticable.

Sections that by their nature should survive termination will survive, including payment obligations, intellectual property provisions, disclaimers, limitations of liability, indemnification, governing law, venue, and any accrued rights or obligations.

20. GOVERNING LAW AND VENUE

These Terms, your use of the website, and any dispute between you and Berserk Studios will be governed by the laws of the State of California, without regard to conflict-of-law principles.

Any dispute that is not resolved informally shall be brought exclusively in the state or federal courts located in or serving Los Angeles County, California, and you consent to the personal jurisdiction and venue of those courts.

21. CHANGES TO THESE TERMS

We may update these Terms from time to time by posting the revised version on this page and updating the Effective Date above. Your continued use of the website or purchase from us after changes are posted constitutes acceptance of the revised Terms.

22. SEVERABILITY

If any provision of these Terms is held unlawful, void, or unenforceable, that provision shall be enforced to the maximum extent permitted by law and the remaining provisions shall remain in full force and effect.

23. ENTIRE AGREEMENT

These Terms, together with any policies incorporated by reference, constitute the entire agreement between you and Berserk Studios regarding your use of the website and your purchases from us, and they supersede prior or contemporaneous communications and understandings on that subject, except for any separate written agreement signed by Berserk Studios.

24. CONTACT INFORMATION

Berserk Studios
Blake Borror, doing business as Berserk Studios
Email: berserkclients@protonmail.com

Refund Policy: REFUND POLICY
Shipping Policy: SHIPPING POLICY
Privacy Policy: PRIVACY POLICY