Terms and Conditions

 

Last modified: Jan 31, 2019

 

Welcome to Gorgeous Chain’s Terms and Conditions of Service!

Overview:


Thank you very much for using our products and services (“Services”). The Services are provided by Gorgeous Chain (Keith Barch), located in Elkins Park, PA United States. By using our Services, you are agreeing to these terms and conditions. Please read them carefully. Our Services vary, so additional terms or product requirements (including but not limited to age requirements) may apply.

Product includes any and all chainmaille craft created by Keith Barch/any and all individuals associated with Gorgeous Chain. Services include but are not limited to custom order work, modification of existing work (either the artist’s or another vendor’s), and repair of Product. We may modify these terms or any additional terms that apply to a Service to, for example, reflect changes to the law or changes to our Services

Item 1: Misuse and Intellectual Property

Do not misuse our Services or the associated Product. Misuse of Services/Product may violate our Warranty and/or applicable local,state, and federal law. You may use our Services only as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or stop providing our Services to you if you do not comply with our terms or policies. Using our Services/Products does not give you ownership of any intellectual property rights in our Services or the design thereof. You may not use content from our Services unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our Services.

Item 2: Ownership/Copyright of Artwork/Design

OWNERSHIP, AUTHORSHIP, and/or COPYRIGHT of any and all ORIGINAL ARTWORK and/or DESIGN created by GORGEOUS CHAIN or its EMPLOYEES or AGENTS remains with GORGEOUS CHAIN when the Custom Order is completed, paid for, and delivered to the customer.


  • Any and all MATERIALS purchased for a Custom Order that may remain unused upon COMPLETION of a project remain under the SOLE OWNERSHIP of GORGEOUS CHAIN unless another arrangement is previously agreed upon in writing, either physically or electronically, in which case this Term is void.

Item 3: Refunds

Any refunds, full or partial of any work, are at the sole discretion of the artist and his team. Some Products are un-resellable (i.e: Bra tops, shirts, and other clothing pieces) and down payments are considered compensation of time and money spent on any given Service. Fifty Percent (50%) of all Services, whether on a payment plan or paid in full upfront, is automatically non-refundable.

Partial refunds are possible ONLY if all of the following conditions apply or at the discretion of the Company.

  • The raw stock of the product has not been ordered
  • The piece is not started
  • If the partial refund request is cordial and polite
    • Note: We will be to be less likely to give you a refund if you treat us poorly and are rude. Gorgeous Chain is an artist-run business and your lack of planning and forethought does not constitute an emergency that negatively affects our business or our artist’s mental state on our part. Rudeness will not be tolerated.
      • Your Contract will be considered null and void and we will reserve the right to take any other action we deem appropriate.

Item 4: Terms and Conditions Specific to All Custom Products and Services

Custom Order Policy

The Terms of each Custom Order (or “project”) shall be as follows:

  1. A NON-REFUNDABLE DEPOSIT of 50% of the quoted purchase price shall be paid BEFORE any work shall commence on the project.
  2. The Quoted Price of a Custom Order is an estimate only, the FINAL PRICE of a Custom Order may be higher or lower upon completion but care will be exercised to keep the FINAL PRICE as close to the ESTIMATE as possible.
  3. Any and all design parameters, including but not limited to, materials to be used, overall design, design specifications, example artwork, plans, or schematics, aesthetic direction, etc. transmitted in writing, orally, or any other method, must be specified during the Design Phase in advance of the Work Phase of a Custom Order being started. We will attempt to notify you electronically when the Work Phase of your project begins.
    1. Any design changes requested once work has commenced on a Custom Order may increase the overall cost of the project and extend any DEADLINE or COMPLETION DATE that may have been quoted and some Design Changes may cause any DEADLINE or COMPLETION DATE to be vacated entirely and this will be at OUR SOLE DISCRETION.
    2. Some design changes may require work to cease on the Custom Order and be restarted entirely from the beginning, some designs cannot be modified, some Design Changes must be incorporated during the actual manufacture of the Custom Order.
      In the case of a Custom Order needing to be restarted from the beginning, any DEADLINE or COMPLETION DATE will become null and void, as will the original ESTIMATE OF COST.
  4. Any Custom Orders not paid in full within 1 year and a 1 day of the completion of the project or the project’s deadline become the SOLE PROPERTY of GORGEOUS CHAIN (KEITH BARCH) to be disposed of at our SOLE DISCRETION without refund of DEPOSIT and any CLAIM to Ownership of any DESIGN AUTHORSHIP on the part of the CUSTOMER is vacated.
    1. This clause may be modified at the sole discretion of the artist at any time for any reason, with notice to the customer either orally or in any written format.

Deadlines

  1. No After Order Deadlines
    • Customer must indicate on the day of order any/all potential or actual deadlines of piece. No after order deadlines will be honored as a general rule.
    • If there is special circumstances of an potential event the piece will be needed and the customer is in good faith (aka, paid up and with the deadline over at least 60 days out) Charges will be added, including but not limited to
      • a mark-up of final price to be listed below under “RUSH ORDER MARK-UPS)
      • Any and all Shipping costs of both product and raw stock to the Artist
          • Raw stock Shipping includes any and all rush shipping to be determined by the Artist.
      • These Extra Charges are to be PAID IN FULL before the After-Order Deadline will be honored.
      • The After Order Deadline will not be honored AT ALL until the Customer has paid in full both original and extra charges
  • ANY CUSTOMER INDUCED DESIGN CHANGES AFTER THE PIECE HAS STARTED AUTOMATICALLY INCREASES THE COST 20%
  • RUSH ORDERS MARK-UPS:
    • Any Deadlines under 4 months increases the final cost by 20%
        • In addition, any deadlines under 4 months will only be honored if the customer pays in full at least one month (30 business days) before the deadline to allow time for the materials order and assembly of the piece.
    • Any Deadlines under 1 month increases the final cost by 40%
    • Any Deadlines under 2 weeks increases the final cost by 60%
    • Any Deadline under 1 week of order for ANY PRODUCT with a cost over $100 (i.e bra tops) increases the price by 80%
    • Any Day of Deadline for anything with a price point over $50 increases the cost anywhere between by 100%-300% at artist’s discretion.

 

 

Item 5: Return, Repair, and Exchange Policy


All sales are final. Returns are conducted ONLY in the case of a WARRANTY issue with the Product you purchased from us. If the Product meets our WARRANTY conditions you may return the Product to have it repaired, or if need be, replaced. This will hold true if you buy from us online or in person.
Exchanges will be accepted for credit toward the purchase of another Product ONLY IF THE RETURNED PRODUCT IS IN GOOD CONDITION AND SHOWS NO OBVIOUS SIGNS OF USE OR ABUSE.

Exchanges/Returns cannot be accepted for the following items:

  • Bra tops
  • Shirts
  • Thongs
  • Codpieces
  • Any other clothing pieces
  • Faded anodized aluminium


WE WILL BE THE SOLE JUDGES OF A PRODUCTS CONDITION, if an exchange for credit is possible.

WE WILL BE THE SOLE JUDGE AND ARBITER WHEN IT COMES TO DECIDING WHETHER OR NOT THE WARRANTY HAS BEEN VIOLATED AND RENDERED VOID DUE TO MISUSE AND/OR ABUSE OF THE PRODUCT.Some examples of typical ways that the warranty is violated include but are not limited to:

  1. if the Chainmaille temper is interfered with by heating beyond 300 degrees Farenheit (149C) or cooling below -100 degrees Farenheit (-73C)
  2. if the Chainmaille is subjected to extreme mechanical force such as from explosives or modern firearms
  3. if the Chainmaille is subjected to punishment from machinery such as cutting in an abrasive saw, being put into a press of any kind, etc.
  4. if the Chainmaille is allowed to be run over by a train, or put in a shear, etc.
  5. if the Chainmaille is subjected to acts of extreme stupidity such using thermite on it.
  6. Subjecting chainmaille to any form of weaponry.
  7. This list is not meant to be exclusive of any other conditions that may render the warranty void.

“Reasonable Use” is considered to be any use in keeping with what the Product was designed for, and in many cases much more extreme use than is typically expected by the end user. Again WE WILL BE THE SOLE JUDGE AND ARBITER IN DECIDING WARRANTY ISSUES.

About these Terms


We may modify these terms or any additional terms that apply to a Service to, for example, reflect changes to the law or changes to our Services. Terms should be reviewed regularly. Notice of modifications to these terms will be posted on this page and to social media. Changes will not apply retroactively and will become effective 10 business days after they are posted. If there is a conflict between these terms and the additional terms, the additional terms will control for that conflict. These terms control the relationship between Gorgeous Chain (Keith Barch) and you. They do not create any third party beneficiary rights. If you do not comply with these terms, and we do not take action right away, this does not mean that we are giving up any rights that we may have (such as taking action in the future). If it comes to be that a particular term is not enforceable, this will not affect any other terms.

ANY LEGAL ACTION WILL TAKE PLACE IN ARTIST’S COUNTY OF RESIDENCE.
The laws of the state of PA, U.S.A. will apply to any disputes arising out of or relating to these terms, or the Services. All claims arising out of or relating to these terms or the Services will be litigated exclusively in the federal or state courts of Elkins Park, PA, USA, and you and Gorgeous Chain consent to personal jurisdiction in those courts.

 

For information about how to contact Gorgeous Chain, please visit our contact page.