TERMS AND CONDITIONS

Welcome to andyfernuik.com Our services and products are provided subject to the following Terms and Conditions. By using the website, you agree to be bound by these Terms and Conditions. Please read them carefully, as they contain important provisions relating to your use of the site, including an agreement to engage in binding arbitration to resolve any disputes between us. The website is owned and operated by Andy Fernuik and andyfernuik.com.

PRIVACY

Your personal details are never gathered by anyone at www.andyfernuik.com without your express permission and only for the fulfillment of your order in the most secure and efficient manner. Your information is never divulged by us, unless required to do so by U.S. Federal law or international law.

By using this website, you agree to our use of cookies. We use cookies to provide you with a great experience and to help our website run effectively.

TERMS OF USE

License and Website Access

We grant you a limited, revocable license to access and make personal use of the website as our customer. However, you are not permitted to:

  1. reproduce, duplicate, copy, sell or otherwise exploit the website or any product image, product listing, product description, price, page layout, page design, trade dress, trademark, logo or other content ("Website Content") for any commercial purpose, except as expressly provided;

  2. use a robot, spider or data mining or extraction tool or process to monitor, extract or copy Website Content (except in the operation or use of internet "search engines," hit counters or similar technology);

  3. use any meta tags, search terms, key terms, or the like that contain the website’s name or trademarks used on the website;

  4. engage in any activity that interferes with the website or another user’s ability to use the website;

  5. modify, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide the website and the services offered on the website; or

  6. assist or encourage any third party in engaging in any activity prohibited by these Terms and Conditions/Terms of Use.

Any use of the website or Website Content that is not expressly authorized herein is prohibited and immediately terminates the license granted herein.

Electronic Communications

You consent to receive communications from us by e-mail. You agree that all agreements, notices, disclosures and other communications that we provide to you by e-mail or through links on this site satisfy any legal requirement that such communications be in writing.

We will never contact you via SMS text messages.

Your Account

If you use the website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

COPYRIGHT

All Website Content is our property or the property of our content suppliers and is protected by international copyright laws. The purchase of any product does not provide the purchaser with any copyright interest or other intellectual property right in the product. All Website Content that is not our property is used with permission. The arrangement and compilation of all Website Content is our exclusive property and is protected by international copyright laws. All software used on the website is our property or the property of our software suppliers and is protected by international copyright laws.

TRADEMARKS

Certain graphics, logos, page headers, button icons, scripts, and service names are trademarks, service marks, or trade dress of our company or our affiliated companies. Our trademarks and trade dress may not be used for any commercial or other purposes without our prior written consent. All other trademarks and service marks not owned by andyfernuik.com or our affiliated companies that appear on the website are the property of their respective owners and may or may not be used without their prior written consent.

Copyright/Trademark Compliance

We honor the intellectual property rights of others. If you believe that your work has been copied or used on the website in a way that constitutes copyright or trademark infringement, please notify us in writing by using the contact page here. Upon receipt of any bona fide claim of infringement, or upon becoming aware of any actual or alleged infringement by any other means, we will remove such actual or alleged infringing product(s) from the website and/or cease sales of the product(s) pending our investigation.

Statement on Human Trafficking

We are part of a global community. We are selective and make efforts to ensure that the workers in this country and abroad that make up our supply chain are protected. We will not tolerate involvement in human trafficking and slavery, including sweatshops and forced or child labor.

Prohibited Persons, Countries, Regions, Entities and Individuals

Our products are subject to export control and economic sanctions laws and regulations administered or enforced by the United States Department of Commerce, Department of Treasury’s Office of Foreign Assets Control (OFAC), Department of State and other United States authorities (collectively “U.S. Trade Laws). By purchasing through andyfernuik.com, you represent and warrant that you are not (a) an individual, organization or entity organized or located in a country or territory that is the target of OFAC sanctions (including Cuba, Iran, Syria, North Korea, the Crimean Peninsula, the Donetsk People’s Republic the Luhansk People’s Republic, or Russia); (b) designated as a Specially Designated Nation or Blocked Person by OFAC or otherwise owned, controlled or acting on behalf of such a person; (c) otherwise a prohibited party under U.S. Trade Laws. The obligations under this section shall survive any termination or expiration of these Terms and Conditions.

Communications, Reviews, Comments, Etc.

Visitors may post or submit reviews, comments, suggestions, communications and other information via our website, by email or social media channels. You agree not to submit, transmit, or otherwise make available in any manner any content (i) that is unlawful, harmful, obscene, hateful, threatening, abusive, defamatory, harassing, libelous, invasive of another's privacy, or is otherwise objectionable, (ii) that infringes the intellectual property rights of any party or (iii) which contains a chain letter or constitutes any form of commercial solicitation, political campaign, mass mailing, "spam" or software virus. You may not use a false e-mail address or otherwise provide information that would be misleading as to the origin of such content. We reserve the right to edit or remove any content that we find objectionable for any reason. You represent and warrant that you possess all necessary rights to use the content that you submit and that use of such content does not violate generally accepted standards of decency. You agree to defend, indemnify, and hold us harmless from and against any and all claims arising out of or relating to any content that you submit. By submitting content, you automatically grant to us, or warrant that the owner of such content has expressly granted to us, a royalty-free, perpetual, irrevocable, worldwide, unlimited, nonexclusive right and license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform and display your user name or the content in any media, form, format, manner or forum now known or hereafter developed without compensation to you. We take no responsibility and assume no liability for any content posted by visitors to our website.

Limitation of Liability

We take every precaution and make every safeguard to protect our website and Users against digital viruses and other harmful informational components. However, we do not accept responsibility that the website, its servers, or email sent from the website are free of viruses or other harmful components. We will not be liable for any damages of any kind arising from the use of the website, including, but not limited to direct, indirect, incidental, punitive or consequential damages. Certain laws do not allow limitations as contained in this clause. If these laws apply, some or all of the above limitations may not apply to you and you might have additional rights.

TERMS OF SALE

These Terms of Sale apply to all offers made by Andy Fernuik and andyfernuik.com, all purchases and orders placed by you and all agreements concluded between us in relation to the products and services offered on this website.

Return Policy and Rights

We are committed to quality Limited Edition and giclée prints; your satisfaction is our highest concern.

If your order should arrive in less than satisfactory condition, we offer a return option. Please contact us by using the initial contact form here. Be sure to take a digital photo of the item and one of the shipping container it arrived in, attach them to an email and send them to the email address we will provide to you. Please include in the body of the email: your order number, the shipping ID or item number, and a brief description of the reason for the return. Your request will be processed with our highest priority, and you will receive an email letting you know your replacement is under production. No replacements will be offered more than 10 days following delivery of your order. We strongly encourage you to return your item via a trackable method. We are not responsible for items which are lost in transit to us.

If you are not 100% satisfied with your purchase, please contact us through the contact page at www.andyfernuik.com and let us know why. We are happy to consider refunds for giclée prints on a case by case basis. We retain the right at our sole discretion to offer refunds on giclée prints. No refunds will be offered on giclée prints more than 10 days after you receive your order. Please note that there is a $25 restocking fee on Limited Edition and giclée prints. Shipping charges will not be refunded and will be deducted from the item’s or items’ original price.

If you are seeking a refund and we approve your request, to return your item(s) please pack them in the original tube or box and include a printed copy of our emailed instructions for refunds to you. We strongly encourage you to return your item via a trackable method. We are not responsible for items which are lost in transit to us.

No refunds can be offered on orders of three (3) or more of the same item. In the case of damages incurred during shipping on orders of three (3) or more of the same item, a replacement order of equal value will be issued.

No refunds or exchanges can be offered on digital media downloads or gift cards/gift certificates.

Acceptance of Order

We reserve the right to refuse or cancel any order. In such event, your sole recourse shall be the return of amounts paid by you related to such order (if any).

Pricing

We reserve the exclusive right to adjust or to change our pricing at any time for any reason. Any pricing adjustment or change may be to reflect updates or changes in current taxation laws and economic nexus status as a remote vendor. The price you pay at the time of your purchase is the current price in effect. In the case of any adjustments or changes in pricing, the new pricing will go into effect only when it has updated on the website sales page. You will never be asked to pay any additional fees or charges in retrospect.

Sales and Use Taxes, VAT, GST, Foreign Import and/or Customs Taxes/Fees

We are required by law to track our sales as an online/remote vendor throughout U.S. states and foreign countries and territories. We are not required to charge, pay, file or assess Sales and Use Tax, VAT, GST or other taxes until we establish economic nexus by meeting or exceeding gross sales and/or transaction thresholds published by national and international taxation laws in a particular state, country or territory. As a buyer, it is your responsibility to know and understand your Sales and Use Tax responsibilities, VAT, GST, import and/or customs taxes and fees of your country or U.S. state of residence. Until our company reaches the published thresholds of economic nexus as a remote seller in your country or U.S. state of residence, we do not charge you any such taxes and are not required to do so by law. All local Sales and Use Tax, VAT, GST, import and/or customs taxes and fees, etc., are your responsibility as a buyer or purchaser. Once our company has established economic nexus as a remote seller in your country or U.S. state of residence by reaching the threshold of gross sales and/or transactions as legally defined by your country’s or U.S. state’s economic tax laws, we will adjust and update our prices to reflect the current Sales and Use Taxes, VAT, GST, foreign import and/or customs taxes and fees, etc., required of us by law. As needed, we will also update these policies, procedures, terms and conditions. Please know that it is your responsibility to adhere to the customs and import regulations and taxation of the country in which you live; all such taxes and fees levied are your responsibility and cost until we are required by law to assume the responsibility, cost, collection and filing of Sales and Use Tax, VAT, GST, import and/or customs taxes and fees, etc.

No sales tax is charged when purchasing gift certificates; however, purchases paid for with gift certificates may be subject to tax.

Item and Product Descriptions

We attempt to describe and represent our products offered as accurately as possible. However, we do not warrant that product descriptions, product photos or other content of the website are 100% accurate, complete, reliable, current or error-free. If a product offered by us and purchased by you is not as described, your sole remedy is to return it in unused condition for a conforming replacement or in select, approved cases a refund.

Disclaimer

We are not liable for any financial damage (including but not limited to the cost of any replacement purchase) that may occur because of non-timely arrival or any lack of availability or conformity of the product.

DISPUTES

You agree that any dispute or claim relating in any way to your use of andyfernuik.com, to purchases from andyfernuik.com, or to the sale of any products or services sold or distributed by andyfernuik.com will be resolved by binding arbitration rather than in a court of law; however, you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and such laws apply to this agreement.

Each Party agrees that any dispute resolution proceedings will be conducted on an individual basis and not in class, consolidated or representative action. Each Party also agrees to waive any right to a trial by jury if for any reason a claim proceeds in court rather than in arbitration. Each Party agrees that either Party may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

Applicable Law

By placing an order with andyfernuik.com, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the State of Texas, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between you or andyfernuik.com.

Severability

If any of the terms or conditions herein shall be deemed invalid, void, or for any reason unenforceable, that term or condition shall be deemed severable and shall not affect the validity and enforceability of any remaining term or condition.

ACCESSIBILITY

If you require additional support or services in order to browse andyfernuik.com or to make purchases from andyfernuik.com, please contact us here and we will strive to accommodate your needs during your online experience with us.

Updated: December 2022

Please use the contact page at www.andyfernuik.com for comments, questions, concerns, etc. Thank you!