Terms of service
TERMS OF SERVICE
Effective Date: November 4, 2026
These Terms of Service ("Terms") govern your access to and use of the website, products, and services offered by Blake Borror, doing business as Berserk Studios ("Berserk Studios," "we," "us," or "our"), through https://www.berserkstudios.us and related services.
By accessing our website, placing an order, requesting a quote, submitting files or design references, or using our services, you agree to these Terms and our incorporated policies, including our Return and Refund Policy, Shipping Policy, and Privacy Policy.
If you do not agree, please do not use our website or purchase our products.
Nothing in these Terms excludes rights or remedies that cannot lawfully be waived.
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 use this website with the consent and supervision of a parent or legal guardian.
You may not use our website, products, or services for unlawful purposes or in violation of applicable laws.
By purchasing from Berserk Studios, you agree to provide accurate information necessary to process and fulfill your order.
2. ABOUT BERSERK STUDIOS
Berserk Studios manufactures and sells specialty collectibles, costume props, replica helmets, masks, armor, display pieces, accessories, and related merchandise.
Products may be created using 3D printing, molding, casting, painting, hand assembly, and other manufacturing processes.
Most products are produced in advance and offered as in-stock inventory. Certain products may be custom-made, commissioned, personalized, or produced in limited batches.
Handmade manufacturing processes may result in minor variations between individual products.
Berserk Studios operates independently and is not affiliated with, endorsed by, or sponsored by any third-party entertainment franchise, publisher, studio, or intellectual-property owner unless an applicable relationship is expressly and accurately disclosed.
References to third-party properties do not, by themselves, establish an official affiliation or commercial license.
3. PRODUCT DESCRIPTIONS, PHOTOS, AND AVAILABILITY
We make reasonable efforts to provide accurate product descriptions, photographs, specifications, and availability information.
Customers acknowledge that:
(a) Colors, finishes, and textures may vary slightly because of lighting, display settings, photography, materials, and handmade production.
(b) Dimensions and weights are approximate unless expressly identified as exact specifications.
(c) Minor non-material variations in print lines, mold seams, surface texture, paint finish, and handcrafted details are expected characteristics of the manufacturing process and do not automatically constitute defects.
(d) Product availability may change.
(e) We may improve manufacturing methods, packaging, and materials provided that such changes do not materially alter an accepted order without appropriate customer agreement or a legally required remedy.
We reserve the right to correct inaccurate descriptions, pricing errors, typographical mistakes, and inventory discrepancies.
Where an error materially affects an order, we may contact the customer to request approval of a correction or cancel the affected order and provide any required refund.
Nothing in this section excludes remedies for materially defective, misdescribed, or incorrectly supplied merchandise.
4. PROPS, MASKS, HELMETS, AND SAFETY DISCLAIMER
IMPORTANT PRODUCT SAFETY NOTICE
Unless expressly identified otherwise in an applicable product listing, Berserk Studios products are intended solely for decorative, display, costume, cosplay, collector, or novelty purposes.
OUR PRODUCTS ARE NOT PROTECTIVE SAFETY EQUIPMENT.
Our helmets, masks, armor, and costume accessories are not certified motorcycle helmets, sports helmets, hard hats, tactical protective equipment, ballistic armor, respiratory protection devices, medical devices, or occupational safety equipment.
They are not represented as compliant with DOT, SNELL, ANSI, OSHA, ASTM, CE, or comparable safety standards unless an applicable certification is expressly and accurately identified.
Customers must not rely on our products for protection against:
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Physical impacts, collisions, or falling objects
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Projectiles, ballistic threats, or weapons
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Fire, excessive heat, or hazardous temperatures
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Chemicals, fumes, gases, or airborne contaminants
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Workplace or industrial hazards
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Motor vehicle, motorcycle, bicycle, or similar transportation risks
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Athletic, recreational, or other hazardous activities requiring certified protective equipment
Wearable Product Risks
Helmets, masks, and other wearable costume pieces may restrict peripheral vision, hearing, ventilation, mobility, balance, or comfort.
Customers should exercise reasonable care when wearing or handling these products.
Do not operate vehicles, machinery, or equipment while wearing products that impair necessary visibility, hearing, or movement.
Discontinue use if a product causes discomfort, impaired breathing, overheating, or unsafe conditions.
Materials and Age Considerations
Products may contain small components, magnets, adhesives, coatings, plastics, resins, rigid edges, or other materials that require careful handling.
Unless expressly stated otherwise, our products are not toys and are not intended for unsupervised use by young children.
Customers are responsible for following product-specific instructions, warnings, and intended-use restrictions.
Nothing in this section excludes liability for defective products, negligent conduct, personal injury, or other matters where exclusion or limitation is prohibited by applicable law.
5. ORDERS, PRICING, AND PAYMENT
Prices are displayed in the currency indicated at checkout. Currency conversion, taxes, and applicable charges may depend on the customer's location and selected payment method.
Product prices, promotions, availability, and shipping charges may change before an order is accepted.
Placing an order constitutes an offer to purchase the selected products under the applicable terms.
Berserk Studios may decline, limit, or cancel an order for lawful reasons, including:
(a) Suspected fraudulent transactions.
(b) Material pricing or listing errors.
(c) Inventory or fulfillment limitations.
(d) Incomplete or inaccurate purchase information.
(e) Payment authorization failures.
(f) Suspected violations of applicable laws or these Terms.
Payment must be authorized before fulfillment unless otherwise expressly agreed.
If we cancel an accepted, paid order, we will provide the applicable refund in accordance with governing law.
Payment processing may be provided through Shopify and other authorized payment providers, subject to their applicable terms.
6. CUSTOM, COMMISSIONED, MADE-TO-ORDER, AND PREORDER ITEMS
This section applies only when Berserk Studios expressly offers custom, commissioned, personalized, made-to-order, or preorder products.
(a) Quotes and Scope
Quotes, estimates, mockups, renders, and production timelines are based on the project scope, materials, specifications, and information available when provided.
Material changes to the approved scope may require additional charges, revised timelines, or a new agreement.
(b) Deposits and Payments
Custom projects may require deposits or advance payment when disclosed before purchase.
Deposits and completed production work may be non-refundable to the extent permitted by law and the applicable written agreement.
Any legally required cancellation or refund rights remain unaffected.
(c) Customer Approvals
Customers are responsible for supplying accurate measurements, specifications, files, references, and requested approvals.
Failure to provide required information may delay production.
(d) Cancellations and Changes
Customer-requested cancellations or modifications after production begins may be refused where permitted by law and the applicable agreement.
If a required shipment deadline cannot be met, Berserk Studios will provide applicable delay notices, cancellation opportunities, and refunds as required by law.
(e) Artistic Interpretation
Handmade and commissioned work may involve artistic interpretation and minor non-material differences from reference images or concept artwork.
Material specifications agreed upon in writing remain controlling.
(f) Customer-Supplied Materials and Intellectual Property
Customers represent that they possess the rights and permissions necessary to supply and authorize the intended use of any artwork, logos, files, character designs, likenesses, or other materials submitted for a project.
Berserk Studios reserves the right to refuse requests that may infringe intellectual-property rights or violate applicable law.
Customer representations do not relieve Berserk Studios of legal responsibilities independently imposed on manufacturers or sellers.
Submission of a design does not guarantee that Berserk Studios will reproduce it.
(g) Ownership of Tools, Files, and Processes
Unless otherwise agreed in writing, purchasing a finished physical product does not transfer ownership of Berserk Studios' independently developed and legally protectable production tools, original sculpting work, CAD files, patterns, molds, masters, manufacturing processes, or technical know-how.
This provision does not claim ownership of third-party intellectual property or prevent the lawful exercise of customer rights.
(h) Portfolio Use
Subject to applicable intellectual-property, privacy, publicity, and contractual rights, Berserk Studios may document and display its work in portfolios, websites, and promotional materials where authorized.
Confidential projects or projects subject to separate nondisclosure agreements will be handled under the applicable agreement.
(i) Inactive Projects
If a project requires customer input and no response is received for thirty (30) days following a documented request, Berserk Studios may pause work and provide notice requesting further instructions.
Any termination, final settlement, refund, or disposition of customer-supplied property will be governed by the applicable agreement and law.
Customer inactivity does not automatically eliminate legally protected refund or property rights.
7. SHIPPING, FULFILLMENT, LEAD TIMES, AND DELIVERY
Shipping and fulfillment are governed by our Shipping Policy.
(a) Processing
In-stock orders typically ship within 1–3 business days after payment confirmation, excluding weekends and recognized holidays.
Different lead times may apply to special-order or custom products when disclosed before purchase.
(b) Shipping Estimates
Carrier transit times are estimates unless a specific guaranteed service is expressly offered.
Berserk Studios will maintain a reasonable basis for its advertised shipment commitments.
(c) Delays
If we determine that an order cannot ship within its applicable promised timeframe, we will provide any notices, opportunities to consent to delays, cancellation rights, and refunds required by law.
(d) Address Accuracy
Customers are responsible for providing accurate shipping details.
Additional costs attributable solely to customer-provided address errors may be charged where permitted by law.
(e) Shipping Damage
Customers are encouraged to report shipping damage within five (5) calendar days whenever reasonably possible and provide relevant photographs and order information.
This requested reporting timeframe assists investigations and carrier claims. It does not extinguish rights or remedies provided by law.
(f) Missing or Stolen Packages
Carrier tracking information and delivery confirmation may be used as evidence of delivery.
Disputed delivery claims will be evaluated using available evidence, applicable law, and the terms of the transaction.
Delivery scans alone do not eliminate legally required responsibilities.
(g) International Shipping
International duties, taxes, customs processing charges, and import requirements are governed by the checkout disclosures, agreed shipping terms, and applicable law.
8. RETURNS, REFUNDS, CANCELLATIONS, AND EXCHANGES
All sales are final except where otherwise expressly agreed or required by applicable law.
Berserk Studios generally does not accept discretionary returns, cancellations, or exchanges for:
(a) Buyer's remorse or changes of preference.
(b) Ordering mistakes attributable to the customer.
(c) Minor handmade variations consistent with a product's description.
(d) Cosmetic differences resulting from lighting or display settings.
(e) Damage resulting solely from misuse or unauthorized modification.
Custom-made and commissioned products may have additional disclosed cancellation restrictions, subject to applicable law.
Defective, materially incorrect, or legally nonconforming products will be addressed in accordance with applicable consumer protection and warranty laws.
A final-sale designation does not eliminate non-waivable consumer rights.
Our complete policy is available here:
9. INTELLECTUAL PROPERTY
Berserk Studios owns or uses under applicable authorization certain original branding, logos, photographs, videos, website content, artwork, product designs, documentation, digital assets, and manufacturing materials.
Such materials may be protected by copyright, trademark, trade secret, or other intellectual-property laws.
Original Berserk Studios Content
Except where permitted by law or authorized in writing, users may not commercially reproduce, distribute, or exploit original protected Berserk Studios content.
Purchasing a physical product does not automatically transfer intellectual-property rights in any original designs or creative works embodied in that product.
Third-Party Intellectual Property
Certain products may reference or depict characters, objects, designs, or themes associated with third-party entertainment properties.
All third-party trademarks, copyrights, characters, and other protected intellectual property remain the property of their respective rights holders.
Berserk Studios does not claim ownership of third-party intellectual property merely because it manufactures or sells a related physical product.
No statement in these Terms should be interpreted as representing that any product is officially licensed, authorized, sponsored, or endorsed unless such a relationship is separately and accurately disclosed.
Nothing in these Terms grants customers rights to reproduce or commercially exploit third-party intellectual property.
Unauthorized Commercial Reproduction
To the extent protected by applicable law, customers and other parties may not unlawfully reproduce or commercially exploit Berserk Studios' original protected designs, artwork, or manufacturing materials.
This provision does not prohibit lawful uses, statutory exceptions, reverse engineering permitted by law, or activities involving intellectual property that Berserk Studios does not own or control.
10. LIMITED LICENSE TO USE THE WEBSITE
Berserk Studios grants users a limited, non-exclusive, non-transferable license to access its website for lawful shopping, research, and informational purposes.
Users may not interfere with website security, improperly access restricted systems, or commercially reproduce protected website content without authorization.
Automated access must comply with applicable law and must not disrupt website operations or violate legally enforceable access restrictions.
Nothing in this section prohibits lawful activity protected by applicable law.
11. USER SUBMISSIONS, REVIEWS, AND FEEDBACK
Customers may submit reviews, photographs, suggestions, testimonials, comments, or other materials.
By submitting content that you have the right to share, you grant Berserk Studios a non-exclusive, worldwide, royalty-free license to host, reproduce, display, and use that content for purposes associated with operating and promoting the business, subject to applicable law.
You represent that submitted content does not unlawfully infringe another person's rights.
Berserk Studios may moderate or remove submitted content in accordance with applicable law and its legitimate business requirements.
Nothing in these Terms prohibits truthful reviews, lawful consumer complaints, or legally protected communications.
12. PROHIBITED CONDUCT
Users may not:
(a) Engage in unlawful or fraudulent activities.
(b) Attempt unauthorized access to accounts, servers, or systems.
(c) Introduce malicious code or intentionally disrupt website operations.
(d) Impersonate individuals or organizations.
(e) Submit unlawful, infringing, or fraudulent materials.
(f) Abuse website features or interfere with other users' lawful access.
(g) Knowingly submit false information in connection with purchases or disputes.
(h) Otherwise violate applicable law or enforceable provisions of these Terms.
Nothing in this section restricts customers from pursuing legitimate chargebacks, payment disputes, consumer complaints, or statutory remedies.
Berserk Studios may take proportionate, lawful action in response to suspected violations.
13. THIRD-PARTY SERVICES AND LINKS
Our website may integrate third-party services, including Shopify, payment processors, shipping carriers, analytics providers, and external applications.
These services may have separate terms, policies, and technical requirements.
Berserk Studios does not control the independent operations of unrelated third-party websites.
However, use of third-party services does not eliminate responsibilities imposed on Berserk Studios by applicable law.
14. PRIVACY
The collection, use, storage, and disclosure of personal information are addressed in our:
Customers should review that policy for information about personal-data practices, third-party processing, and available privacy rights.
Nothing in these Terms limits rights provided by applicable privacy laws.
15. WARRANTIES AND DISCLAIMERS
Berserk Studios endeavors to supply products that materially conform to their descriptions and disclosed intended purposes.
Our helmets, armor, masks, and related props are sold primarily as collectibles, decorative pieces, costume accessories, or display items and are not represented as certified protective equipment unless expressly stated otherwise.
We do not guarantee suitability for uses outside a product's stated intended purpose.
Website availability, uninterrupted operation, and compatibility with every device or browser cannot be guaranteed.
To the extent permitted by applicable law, warranties concerning website operation and availability are disclaimed.
Nothing in these Terms excludes or restricts applicable express warranties, implied warranties, statutory consumer guarantees, or legally required remedies.
In particular, no general website disclaimer is intended to eliminate implied warranties that cannot lawfully be disclaimed.
16. LIMITATION OF LIABILITY
To the maximum extent permitted by applicable law, Berserk Studios excludes liability for indirect, incidental, special, consequential, exemplary, or punitive damages arising solely from contractual disputes involving website use, purchases, or services, except where such exclusions are prohibited by law.
For claims arising solely from an enforceable contractual limitation, aggregate liability may be limited to the amount actually paid for the product or order giving rise to the claim, but only to the extent such limitation is legally enforceable.
These provisions do not exclude or restrict liability where doing so is prohibited by applicable law, including liability arising from fraud, willful injury, unlawful conduct, defective products, personal injury, or legally protected consumer claims.
Nothing in these Terms eliminates statutory rights, remedies, or obligations that cannot lawfully be waived.
17. INDEMNIFICATION
To the extent permitted by applicable law, customers agree to indemnify Berserk Studios against third-party claims and reasonable resulting expenses directly arising from:
(a) Their unlawful use of the website.
(b) Their material breach of legally enforceable provisions of these Terms.
(c) Their knowing infringement of third-party rights through materials they submit.
(d) Their fraudulent or intentionally unlawful conduct.
This provision does not require customers to indemnify Berserk Studios for its own negligence, unlawful conduct, defective products, or other liability that cannot lawfully be shifted.
Any indemnification obligation is subject to applicable consumer protection laws and other legally imposed limitations.
18. FORCE MAJEURE
Berserk Studios is not responsible for performance delays caused by circumstances beyond its reasonable control to the extent permitted by applicable law.
Such circumstances may include natural disasters, severe weather, fires, major transportation interruptions, government restrictions, widespread infrastructure failures, or comparable extraordinary events.
Where such circumstances prevent timely fulfillment, Berserk Studios will comply with applicable notice, cancellation, and refund obligations.
Force majeure does not automatically eliminate legally required consumer remedies.
19. TERMINATION
Berserk Studios may restrict website access or decline future transactions for lawful reasons, including fraud, security threats, material violations of these Terms, or other legitimate operational concerns.
Cancellation of accepted orders will be subject to the applicable purchase agreement and governing law.
Termination does not eliminate accrued payment obligations, valid intellectual-property rights, applicable warranty protections, or legally enforceable claims and remedies.
20. GOVERNING LAW AND VENUE
These Terms are governed by the laws of the State of California, subject to any mandatory consumer protection laws that apply to a particular transaction.
To the extent permitted by law, disputes arising from these Terms may be brought in courts of competent jurisdiction located in or serving Los Angeles County, California.
Nothing in this provision prevents consumers from bringing claims in another jurisdiction where applicable law grants them a non-waivable right to do so.
This section does not impose mandatory arbitration or waive rights to seek legally available judicial remedies.
21. CHANGES TO THESE TERMS
Berserk Studios may update these Terms to reflect changes in business practices, products, legal requirements, or website functionality.
Revised Terms will be posted with an updated effective date.
Changes will apply prospectively unless applicable law and the relevant agreement permit otherwise.
Changes will not retroactively eliminate accrued rights or materially alter existing accepted purchase agreements without a legally valid basis.
Continued website use after the effective date of revised Terms may constitute acceptance where legally appropriate.
22. SEVERABILITY
If any provision of these Terms is determined to be invalid or unenforceable, the remaining provisions will continue in effect to the extent permitted by law.
An invalid provision may be limited or severed where legally appropriate, without expanding the obligations of either party beyond applicable law.
23. ENTIRE AGREEMENT
These Terms, together with applicable policies incorporated by reference and any separate written agreements governing particular transactions, constitute the agreement between the customer and Berserk Studios concerning the relevant website use, products, or services.
Specific written agreements for custom or commissioned work may supplement these Terms.
In the event of a conflict, mandatory applicable law controls.
No provision of these Terms overrides legally required disclosures, consumer protections, or independently enforceable written commitments.
24. CONTACT INFORMATION
Berserk Studios
Blake Borror, doing business as Berserk Studios
Email: berserkclients@protonmail.com
Website: https://www.berserkstudios.us
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