Terms and Conditions

1. General
1.1 Eligibility: You must be at least 18 years old to purchase products from our website. By placing an order, you confirm that you meet this requirement.
1.2 Changes to Terms: We reserve the right to update these Terms at any time. Changes will be effective upon posting to the website. Your continued use of the website constitutes acceptance of the updated Terms.
1.3 Website Access: We may suspend or terminate access to the website at our discretion, including for maintenance or violation of these Terms.
2. Products and Orders
2.1 Product Description: We sell photographic prints and canvas artwork. We strive to ensure product descriptions, images, and prices are accurate but are not responsible for typographical errors or minor discrepancies in color due to screen displays.
2.2 Custom Orders: Canvas prints and certain photographic prints may be custom-made to your specifications. Custom orders are subject to our Return and Refund Policy.
2.3 Order Acceptance: All orders are subject to our approval. We may cancel or refuse orders due to pricing errors, stock unavailability, or suspected fraud. If an order is canceled, we will notify you and refund any payments made.
2.4 Pricing: Prices are in USD and exclude shipping and applicable taxes, which will be calculated at checkout. We reserve the right to change prices without notice, but the price at the time of order confirmation applies.
2.5 Payment: We accept payments via methods listed at checkout (e.g., credit cards, PayPal). Payment must be completed before order processing. You confirm that you are authorized to use the payment method provided.
3. Shipping
3.1 Delivery: We ship to addresses specified at checkout. Shipping times and costs vary based on location and product type (e.g., canvas prints may require longer production times). Estimated delivery times are provided at checkout but are not guaranteed.
3.2 Risk of Loss: Ownership and risk of loss transfer to you upon delivery to the shipping carrier. We are not responsible for delays, loss, or damage during transit.
3.3 International Orders: For orders outside the United States, you are responsible for customs duties, taxes, and compliance with local laws.
4. Intellectual Property
4.1 Artwork Ownership: All artwork, including photographic prints and canvas prints, is the intellectual property of John Mastell Store or its licensors. Purchase of a product grants you a non-exclusive, non-transferable right to use the artwork for personal, non-commercial purposes.   

4.2**Prohibited Use**: You may not reproduce, distribute, modify, or create derivative works from our artwork without written permission. Unauthorized use may violate our Class 016 (photographic prints, pending/registered) and Class 041 (photography services, registered) trademarks with the USPTO and other intellectual property rights.
4.3 Website Content: All content on our website (e.g., images, text, logos) is our property or used with permission. You may not copy or use it without our consent.
5. Cancellations
5.1 Order Cancellation: You may cancel an order within 24 hours of placement by contacting us at [insert contact email]. After 24 hours, orders (especially custom canvas prints) cannot be canceled as production begins.
5.2 Our Right to Cancel: We may cancel orders due to stock unavailability, pricing errors, or suspected fraud. You will receive a full refund for canceled orders.
6. Warranties and Liability
6.1 No Warranties: Products are sold “as is.” We do not guarantee that products will meet your expectations or be free from minor imperfections inherent to handmade or printed artwork.
6.2 Limitation of Liability: To the fullest extent permitted by law, our liability is limited to the USD purchase price of the product. We are not liable for indirect, incidental, or consequential damages (e.g., loss of use, emotional distress) arising from your purchase or use of our products.
6.3 Force Majeure: We are not liable for delays or failures to perform due to events beyond our control (e.g., natural disasters, shipping carrier issues).
7. Privacy
7.1 Data Collection: We collect and process personal information (e.g., name, address, payment details) to fulfill orders and improve our services. See our Privacy Policy, https://johnmastell.store/privacy-policy for details.
7.2 Third Parties: We use third-party services (e.g., GoDaddy, payment processors, shipping carriers) that may access your data. We are not responsible for their practices.
8. Dispute Resolution
8.1 Governing Law: These Terms are governed by the laws of Delaware, USA without regard to conflict of law principles.
8.2 Arbitration: Any disputes arising from these Terms or your purchase will be resolved through binding arbitration in Wilmington, Delaware, USA, administered by the American Arbitration Association. You waive the right to participate in class actions.
8.3 Contact Us: For issues, contact us at johnmastell1@gmail.com before pursuing legal action. We aim to resolve disputes amicably.
9. Miscellaneous
9.1 Entire Agreement: These Terms, along with our Return and Refund Policy and Privacy Policy, constitute the entire agreement between you and John Mastell Store, superseding any prior agreements.
9.2 Severability: If any provision is found invalid, the remaining provisions remain enforceable.
9.3 No Waiver: Our failure to enforce any provision does not waive our right to enforce it later.
9.4 Contact: For questions, email johnmastell1@gmail.com