Terms of use and sale

Seller

ALLSPHYR is operated by Nathan Prohaska Arts LLC, 31847 Pacific Coast Hwy, Malibu, CA 90265. References to ALLSPHYR, we, us, or the studio in these terms mean Nathan Prohaska Arts LLC.

Agreement and order acceptance

By using this site or placing an order, you agree to these terms and linked policies. A signed proposal, commission agreement, or rental agreement controls if it conflicts with these terms.

Catalog details, colors, dimensions, materials, prices, and availability may be corrected before acceptance. A submission or payment authorization is not acceptance; an order is accepted when ALLSPHYR confirms it in writing.

Payment and production

Jewelry and custom catalog orders require full payment before production. Listed sculptures may have finished units available; additional or customized sculptures are made on demand and prepaid. Crating, installation, insurance, freight, and destination duties may be added for larger work when disclosed before acceptance.

Listed prices exclude sales tax. Sales tax, where applicable, is calculated at checkout. For work quoted in writing, any applicable tax is stated in the quote. Insured, tracked shipping is added at checkout: $18 within the United States and $45 to the other 19 countries the checkout ships to (Canada, United Kingdom, Australia, New Zealand, Ireland, Germany, France, Netherlands, Belgium, Austria, Switzerland, Italy, Spain, Portugal, Sweden, Norway, Denmark, Finland and Japan). Import duties and taxes are the recipient's.

Custom work, delivery, and returns

Customers must review names, measurements, materials, finishes, site conditions, and specifications before approval. Post-approval changes may affect price and schedule. The Custom order, Shipping and delivery, and Returns and refunds policies form part of these terms.

Intellectual property

The site, ALLSPHYR name and designs, product forms, photographs, video, writing, and graphics are owned by or licensed to ALLSPHYR and Nathan Skyhorse. Purchasing an object does not transfer copyrights, trademarks, design rights, or commercial reproduction rights. Studio materials may not be reproduced, fabricated, scraped, used to train models, sold, or commercially exploited without written permission.

Use, disclaimers, and liability

You may not interfere with security, misuse forms, introduce malicious code, impersonate others, break law, or infringe rights. Except for written commitments and rights that cannot be limited, the site is provided as is. To the fullest extent permitted by law, ALLSPHYR is not liable for indirect, incidental, special, consequential, or punitive damages.

Consumer rights

Nothing in these terms takes away a right the law gives you and does not let you give up. Where you live in a place whose consumer law grants a statutory guarantee, a cooling-off period, a repair, replacement or refund right, or a right to bring a claim in your own courts, that law applies and these terms are read to give way to it. California residents keep the rights the Consumers Legal Remedies Act and the Song-Beverly Consumer Warranty Act give them.

Governing law and disputes

These terms and any sale under them are governed by the laws of the State of California, without regard to conflict-of-law rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Before filing anything, write to Nathan Prohaska Arts LLC at studio@theallsphyr.com describing the problem and what you want done; the studio will reply in writing and most matters end there. A dispute that is not resolved that way is brought in the state or federal courts sitting in Los Angeles County, California, and both sides consent to those courts, except that either side may bring a claim within the jurisdiction of a small-claims court, and except where the law of your own country or state gives you the right to sue where you live.

There is no arbitration clause and no class-action waiver in these terms: a dispute goes to a court.

Changes and contact

The version presented when an accepted order is placed governs that order unless a signed agreement says otherwise. Questions and requests may be sent to studio@theallsphyr.com or mailed to Nathan Prohaska Arts LLC, 31847 Pacific Coast Hwy, Malibu, CA 90265.