Terms of service
- 1. Acceptance of these Terms; who may buy; changes
- 2. Who we are; trader identity and contact information
- 3. Eligibility, accounts, and our right to refuse or cancel an Order
- 4. Products are made to order
- 5. Print and product variation — inherent characteristics of the manufacturing method
- 6. Sizing and fit — your selection
- 7. Orders, prices, taxes and payment
- 8. Shipping, delivery, title and risk of loss
- 9. Returns, cancellations and refunds
- 10. Intellectual property
- 11. Your submissions, user content and reviews
- 12. Acceptable use and prohibited conduct
- 13. Third-party links, third-party services and production partners
- 14. Electronic communications, notices and consent to electronic records
- 15. DISCLAIMER OF WARRANTIES
- 16. LIMITATION OF LIABILITY
- 17. Indemnification
- 18. DISPUTE RESOLUTION, BINDING INDIVIDUAL ARBITRATION AND CLASS-ACTION WAIVER
- 19. Governing law, venue, and mandatory local consumer protection
- 20. General provisions
- 21. Acknowledgment
- Contact
JHNY ART — a brand of Bridge A
Effective Date: September 20, 2026 Last Updated: September 20, 2026
1. Acceptance of these Terms; who may buy; changes
1.1 Agreement to these Terms
These Terms of Service (these Terms) form a legally binding contract between you and us. They govern your access to and use of our website at https://jhny-art.com and any related pages, storefronts, subdomains and features we operate (together, the Site), and they govern your purchase of any product from us (each, a Product, and each purchase request, an Order).
By accessing or using the Site, by creating an account, by placing an Order, or by clicking a button or checkbox indicating that you accept these Terms, you agree to be bound by these Terms and by every policy referenced in section 1.4, each of which is incorporated into these Terms by reference. If you do not agree to these Terms, you must not use the Site or place an Order.
Section 18 contains a binding individual arbitration agreement and a waiver of class actions and jury trial. Section 18.11 gives you a right to opt out of arbitration within 30 days. Section 19.3 preserves the rights of consumers resident in the European Economic Area, the United Kingdom and Switzerland. Please read those sections carefully.
1.2 Capacity and age
You may use the Site and place an Order only if you are at least 18 years old, or the age of majority in your jurisdiction of residence if that age is higher, and you have the legal capacity to enter into a binding contract. By placing an Order you represent that this is the case.
We do not knowingly permit persons under 18 to place Orders. A minor may use the Site only with the involvement and consent of a parent or legal guardian, and any Order placed for the benefit of a minor must be placed by a parent or legal guardian who accepts these Terms and assumes responsibility for the Order, including payment. If you are a parent or guardian and you believe a minor in your care has placed an Order or created an account, contact hello@jhny-art.com and we will cancel the Order where it has not yet been released to production and close the account.
We do not knowingly collect personal information from children. Our practices are described in the Privacy Policy.
1.3 Changes to these Terms
We may amend these Terms from time to time, for example to reflect changes in our Products, our operations, our production partners, or applicable law.
When we amend these Terms we will post the amended version on the Site and update the "Last Updated" date at the top of this page. Where an amendment materially reduces your rights or materially increases your obligations, we will additionally give notice at least 14 days before the amendment takes effect, by a conspicuous notice on the Site, by email to the address associated with your account or most recent Order, or both.
Your continued use of the Site after the amendment takes effect constitutes acceptance of the amended Terms for the future. Amendments are not retroactive: the version of these Terms in force at the time you placed an Order governs that Order, and the version in force at the time a dispute arose governs that dispute. If you do not accept an amendment, you must stop using the Site; if the amendment affects an Order already placed but not yet released to production, contact hello@jhny-art.com and we will cancel that Order and refund you in full.
An amendment to section 18 (arbitration) does not apply retroactively to any dispute of which we had actual notice before the amendment took effect, and section 18.11 explains your separate right to reject an amendment to section 18.
1.4 Documents incorporated by reference
The following documents are part of these Terms. Where a conflict exists between these Terms and one of these documents on a subject that document specifically governs, that document prevails on that subject.
| Document | Governs | Link |
|---|---|---|
| Returns, Refunds and Cancellations Policy | Cancellation, returns, refunds, EU/UK withdrawal rights | Returns, Refunds and Cancellations Policy |
| Shipping Policy | Production and transit times, carriers, duties and taxes, lost and delayed packages | Shipping Policy |
| Privacy Policy | Personal information, cookies, your privacy rights | Privacy Policy |
| Cookie Policy | Cookies and similar technologies | Cookie Policy |
| SMS / Text Message Terms | Text message programs and consent | SMS Terms |
| Intellectual Property and DMCA Policy | Copyright, takedown notices, counter-notices, repeat infringers | IP and DMCA Policy |
| Accessibility Statement | Accessibility of the Site | Accessibility Statement |
| Legal Notice / Imprint | Trader identity and statutory disclosures | Legal Notice |
1.5 Statutory rights are preserved
Nothing in these Terms excludes, restricts or modifies any right or remedy you have that cannot lawfully be excluded, restricted or modified — including your statutory rights as a consumer under the law of your state or country of residence. Where any provision of these Terms conflicts with such a right, the mandatory law prevails and the remainder of these Terms continues in effect.
2. Who we are; trader identity and contact information
2.1 The seller
JHNY ART is a brand owned and operated by Bridge A LLC, a Delaware limited liability company ("Bridge A", "we", "us", "our"). Bridge A is the seller and the contracting party for every Order, is the merchant of record shown on your card or payment statement, and is the trader for the purposes of EU and UK consumer law. JHNY ART is a trading name and brand of Bridge A and is not a separate legal entity.
2.2 Identifying and contact details
JHNY ART is operated by Bridge A LLC, a Delaware limited liability company.
8 The Green, Suite A, Dover, DE 19901, United States
Email: hello@jhny-art.com
Delaware company file number: 10139985. Formation date: March 24, 2025. The address above accepts business correspondence and legal notices; it is not a product return address.
2.3 Communicating with us
The fastest route for any question about an Order is hello@jhny-art.com. Formal legal notices, including a notice of dispute under section 18.3 and an arbitration opt-out under section 18.11, must be sent to hello@jhny-art.com and, if you also wish to send a hard copy, to the registered street address above. Notices to a mailbox other than the one designated for the purpose may not be effective.
3. Eligibility, accounts, and our right to refuse or cancel an Order
3.1 Accounts
You may browse the Site and, where we offer guest checkout, place an Order without an account. Where you create an account, you agree to provide accurate, current and complete information, and to keep it accurate, current and complete. Incorrect shipping information is the single most common cause of a failed delivery, and section 8.5 explains who bears the cost when it happens.
3.2 Account security
You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account, whether or not you authorized it, except to the extent the activity results from our own failure to maintain reasonable security. You agree to notify us at hello@jhny-art.com promptly if you know or suspect that your credentials have been lost, stolen or used without your authorization. We may suspend or terminate an account at any time where we reasonably believe it has been compromised, or where it has been used in breach of these Terms.
Nothing in this section shifts to you any liability for unauthorized card transactions that applicable law — including the Fair Credit Billing Act, Regulation E, the EU Payment Services Directive 2 or the UK Payment Services Regulations 2017 — places on your card issuer or payment service provider.
3.3 Our right to refuse, limit or cancel an Order
We reserve the right to refuse, limit, or cancel any Order, in whole or in part, at any time before the Order is released to production, and after release only where we are unable to fulfill it. Grounds on which we may do so include:
(a) the Order, the payment, or the account shows indicators of fraud, unauthorized card use, or a payment that we or our payment processor cannot verify; (b) the Product was listed at an incorrect price or with an incorrect description as a result of a typographical, data-feed, currency-conversion or system error (see section 7.6); (c) the Order appears to be placed for resale, or in a quantity, pattern or combination inconsistent with ordinary personal or gift use, and we have not agreed a wholesale arrangement with you in writing; (d) the Order cannot lawfully be fulfilled or shipped to the destination, including because of sanctions, export controls, import restrictions, or a carrier or production partner restriction; (e) the Order was placed using automated means, a bot, a script, or by circumventing a purchase limit, queue or rate limit, in breach of section 12; (f) the delivery address is incomplete, undeliverable, or is a location our carriers do not serve; (g) a production partner is unable to manufacture the Product to our specification; or (h) you have an unresolved chargeback, an unpaid balance, or a history of conduct in breach of these Terms.
Where we cancel an Order for which you have already been charged, we will refund the amount charged in full, using the original payment method where possible. Where the cancellation is for a reason within our control, we will do so promptly and in any event within the periods stated in the Returns, Refunds and Cancellations Policy. Refusing or canceling an Order under this section is not a rejection of your statutory rights and does not affect any Order we have already accepted and fulfilled.
3.4 No resale
Products are sold for your personal, non-commercial use or as a gift. You may not purchase Products for resale, and you may not represent yourself as an authorized reseller, distributor, stockist or licensee of JHNY ART without our prior written agreement. This section 3.4 does not restrict your right, after you have acquired ownership of a physical Product, to dispose of that individual physical article as permitted by applicable law, including the first-sale doctrine under 17 U.S.C. § 109 and the equivalent exhaustion rules in other jurisdictions; it restricts commercial purchasing from us and any commercial exploitation of the artwork itself, which remains governed by section 10.
4. Products are made to order
This is the single most important operational fact about how JHNY ART works, and we disclose it before you buy.
4.1 Nothing is held in stock
We do not hold inventory. Every Product is manufactured after your Order is placed and paid for. When you place an Order, we transmit the specification — the JHNY ART design you selected, the size, the color, the frame option, the quantity and the destination — to one or more third-party production partners, who print, assemble, finish, pack and dispatch the Product. This is what is commonly called print-on-demand or made-to-order manufacturing.
4.2 What this means for changing or canceling an Order
Because manufacturing begins shortly after an Order is placed, the window in which an Order can be changed or canceled is short and it is not extendable at our discretion once production has begun.
You may request a change to, or cancellation of, an Order within 2 hours of placing it, provided the production file has not yet been released to production. Requests must be sent to hello@jhny-art.com and should quote your Order number. Changes we can usually accommodate within that window include the shipping address, the size, the color, and cancellation of the whole Order.
After the production file has been released, we cannot change or cancel the Order, because a physical article bearing your chosen specification is already being made. This limitation is contractual and operational. It does not affect:
- your rights where the Product is defective, damaged in transit, or not the Product you ordered, which are set out in the Returns, Refunds and Cancellations Policy and in section 9 below; or
- your statutory right of withdrawal if you are a consumer in the European Economic Area or the United Kingdom. That right applies to our standard catalog Products and is not displaced by the fact that they are printed on demand. See section 9.3 and the Returns, Refunds and Cancellations Policy.
4.3 Production time is separate from transit time
Production and carrier transit are separate stages. Production typically takes 2–7 business days after an order enters production; this is an estimate, not a guarantee. Transit depends on the item, destination and service available at checkout. Unless a delivery estimate expressly includes production, allow production time in addition to transit.
Orders containing several items may arrive in separate packages. See our Shipping Policy for charges, tracking and delays.
4.4 Statutory delivery deadlines
We will ship your Order within the time clearly and conspicuously stated on the Site or, where no time is stated, within 30 days of receiving your properly completed Order, as required by the FTC Mail, Internet, or Telephone Order Merchandise Rule, 16 C.F.R. Part 435. If we cannot ship within that period we will send you an option notice offering you the choice of consenting to the delay or canceling the Order for a prompt refund; where we ask you to consent to a further delay, we require your express consent and will treat silence as a refusal and cancel and refund the Order. Refunds under that Rule are made within 7 working days of cancellation, or within one billing cycle where we are the creditor for the transaction.
For consumers in the European Economic Area and the United Kingdom, where no delivery period is agreed we will deliver without undue delay and in any event no later than 30 days after the contract is concluded, in accordance with Article 18 of Directive 2011/83/EU and section 28 of the UK Consumer Rights Act 2015, and you have the remedies those provisions give you if we do not.
5. Print and product variation — inherent characteristics of the manufacturing method
5.1 Purpose and effect of this section
Printing is a physical process carried out on physical materials by machines and people. It has tolerances. The characteristics described in this section 5 are inherent, expected and normal characteristics of the way JHNY ART Products are manufactured. We disclose them here, before you purchase, so that they form part of the description of the Product you are agreeing to buy and so that the Product you receive conforms to that description.
Accordingly, and subject always to section 5.9, a Product exhibiting only the characteristics described in this section 5, within the tolerances stated, is not defective, is not damaged, is not "not as described", and is not a wrong item. It is the Product as described.
5.2 On-screen color compared with printed color
The color you see on your screen will not match the printed Product exactly, and we cannot make it do so. This is a limitation of digital display and of color reproduction generally, not a fault in the Product:
(a) every display device renders color differently depending on panel technology, backlight, age, brightness, contrast, color temperature, night-shift or blue-light filters, ambient light, viewing angle, and operating-system or browser color management; (b) most consumer displays are not calibrated and are not color-managed to any profile; (c) screens emit light additively in RGB while print reflects light subtractively in CMYK or with a fixed ink set, and a substantial part of the RGB gamut — particularly saturated blues, greens, oranges and neons — cannot be reproduced in ink at all and must be mapped to the nearest achievable color by an ICC profile; (d) each substrate, ink set, printer and finishing process has its own ICC profile and its own gamut, so the same design will print differently on matte fine-art paper, on a satin poster stock, on a cotton t-shirt, on a polyester all-over garment, on a ceramic mug and on a canvas tote; and (e) the color of the material itself — the base white of a paper stock, the dyed color of a garment, the glaze of a mug — sits underneath the ink and shifts the result.
We aim for a faithful and consistent rendition and we color-manage our production files, but a visible difference between screen and print, and between the same design printed on two different substrates, is normal and expected.
5.3 Print placement
Small variations in print position, alignment and scale can occur during production. A print in the wrong position or at the wrong scale, or a material departure from the product description, may be a manufacturing defect. Contact us with photographs so we can assess the issue. Your statutory rights remain unaffected.
5.4 Measurements and manufacturing tolerance
Dimensions and available size options are stated on each product page. Measurements are approximate and may vary slightly during manufacturing. This does not excuse a material departure from the stated dimensions or limit your rights where an item is faulty or not as described.
5.5 Characteristics that are normal and are not defects
The following are normal characteristics of printed and made-to-order goods and are not defects:
(a) Dark ink on light material and light ink on dark material. Printing a dark design onto a light garment, and printing a light or white design onto a dark garment, produce different results. A light design on a dark garment normally requires an underbase layer, which makes the printed area slightly thicker, slightly less flexible and slightly different in surface sheen from the surrounding fabric. A dark design on a light garment may show slight ink spread at the edges of fine detail. Fine lines, small text, thin strokes and subtle gradients may render less crisply on textile than on paper because the ink sits in a woven or knitted surface rather than on a smooth one.
(b) Ink hand and stiffness. A newly printed garment may feel slightly stiff or "plasticky" in the printed area. This softens with wear and after the first wash. It is a property of the ink film, not a fault.
(c) Discoloration or a faint outline around the print. Some printing methods use a pre-treatment solution to bond ink to fibre. That solution can leave a faint square, halo, shadow or slight discoloration around or under the printed area, most visible on light or natural-colored garments and on garments that have been stored folded. It is designed to wash out and normally disappears after the first wash. It is not a stain, not soiling and not a defect. Wash and care instructions are on the product page and on the garment label; following them is your responsibility.
(d) All-over and cut-and-sew printing cannot be aligned across seams. All-over-print garments and other cut-and-sew Products are printed on flat fabric and then cut and sewn. It is not technically possible to make a pattern, motif or line continue perfectly across a seam, a side panel, a sleeve join, a hood or a zip. Pattern placement therefore differs from garment to garment and from size to size, the visible portion of the design differs between sizes, and mismatch at seams is inherent. Similarly, sublimation printing on polyester may leave small unprinted or lighter areas in seams, creases, folds, underarms and other places the ink cannot reach, and white or lighter stitching may remain visible because thread does not take the same dye.
(e) Natural fibres vary between batches and may shrink. Cotton, linen, other natural fibres, paper made with natural pulp, and natural-material accessories vary between production batches in shade, texture, weave, weight, slub and surface. The same garment color ordered twice, months apart, may not be an exact match; the same paper stock may differ slightly in base white. Natural-fibre garments may shrink slightly on first wash even where they are described as pre-shrunk, and dyed fabrics may show minor color change over the life of the garment with washing and light exposure. Occasional small irregularities in a natural fibre — a slub, a fleck, a variation in weave — are characteristics of the material.
(f) Framing and finishing. Where a Product is framed or mounted, minor variation in mount border width, in the position of the print within the mount, and in the grain, tone and finish of a wood frame is normal, as is a very small tolerance in the squareness of a hand-assembled frame.
(g) Substrate and print-method differences between product categories. The same JHNY ART design will legitimately look different as a giclée-style fine-art print, as a poster, as a garment print, and as a print on a mug, a tote or a cushion. Detail, contrast, maximum black density, color saturation and sharpness differ by substrate and print method.
5.6 Product photography and mock-ups
Product images on the Site are, in whole or in part, digital mock-ups: the JHNY ART design composited onto a photograph or rendering of a blank product. They are prepared to be an accurate and fair representation, but they are illustrations and not photographs of the specific individual article you will receive, which does not exist until you order it. Scale in a lifestyle image, the model's size, styling, props, backgrounds and lighting are illustrative. Frames, mounts, hangers, poster rails and other accessories are not included unless the product page expressly says so and charges for them.
5.7 Availability of a specific batch, blank or supplier
We may change blank garment suppliers, paper stocks, frame suppliers, print methods or production partners without notice where the replacement is of equivalent or better quality and the Product continues to match its description in all material respects. Where a change would be material to the Product you ordered — for example a different fibre composition — we will contact you before production and offer you the choice of accepting the change or canceling the Order for a full refund.
5.8 Your acknowledgment
By placing an Order you acknowledge that you have read this section 5, that these characteristics have been disclosed to you before purchase, and that a Product exhibiting only these characteristics conforms to its description and is not returnable as defective on that ground alone under our voluntary US returns policy.
5.9 What this section does not do
This section 5 is a description of the Product, not an exclusion of liability, and it does not and is not intended to:
(a) exclude, restrict or modify any statutory conformity, quality, description or fitness right you have, including under Article 5 to Article 7 of Directive (EU) 2019/771 (two-year legal guarantee, with the burden of proof reversed in your favor for the first year), sections 9 to 11 and section 19 of the UK Consumer Rights Act 2015 (which section 31 makes non-excludable, with the burden reversed in your favor for six months), the implied warranties of merchantability and fitness for a particular purpose under the Uniform Commercial Code as adopted in your state, the Magnuson-Moss Warranty Act, or your state's consumer protection statute; (b) cover a genuine defect, including a misprint, a print applied off-target beyond the tolerance in section 5.3, a color rendition that departs materially and obviously from the published product image rather than differing in the ordinary way described in section 5.2, a tear, hole, split seam, faulty zipper, delamination, cracked glazing, ink that will not wash out where it is not meant to be, or a Product that is not the design, size, color or item you ordered; (c) cover damage occurring in transit; or (d) permit us to supply a Product that is materially different from the one described and depicted on the Site.
If you think what you have received is outside the tolerances described here, send photographs to hello@jhny-art.com and we will assess it under section 9. We resolve genuine borderline cases in your favor.
6. Sizing and fit — your selection
6.1 The Size Guide
Check the dimensions and available options on the product page before ordering. For help selecting a size, contact hello@jhny-art.com.
6.2 Choosing a size is your selection
Selecting the size, color, style, frame option, quantity and design is your choice, made by you at checkout on the basis of the information we publish. Because each Product is manufactured to that specification after you order (section 4), and because nothing is taken from stock, we cannot restock, resell or reallocate a Product that was made in the size you chose.
Accordingly, under our voluntary US returns policy, we do not offer returns, exchanges, refunds or size swaps because a Product does not fit, because you ordered a size other than the one you wanted, or because you have changed your mind about a size, color or design. That policy is set out in full in the Returns, Refunds and Cancellations Policy, and section 9 summarizes it. If you are unsure of a size, contact hello@jhny-art.com before you order and we will help; we would much rather answer a question than see you receive something that does not fit.
6.3 Where sizing is our error, and where statutory rights apply
Section 6.2 does not apply, and we will put things right, where:
(a) the Product you received is not the size you ordered — that is a wrong item under section 9 and the Returns, Refunds and Cancellations Policy; (b) the Product you received is materially different from the dimensions stated on the product page for the size you ordered; or (c) the measurements we published for that Product were wrong, in which case the Product does not match its description and you are entitled to a remedy.
Section 6.2 is a statement of our voluntary commercial returns policy for customers whose contracts are governed by US law. It does not and cannot override a statutory cancellation or withdrawal right. In particular, if you are a consumer resident in the European Economic Area or the United Kingdom, you have a 14-day right to withdraw from the contract without giving any reason — including because the Product does not fit — as set out in section 9.3 and in the Returns, Refunds and Cancellations Policy, and nothing in this section 6 restricts that right. Nor does section 6.2 restrict any non-excludable right under the law of your US state of residence.
7. Orders, prices, taxes and payment
7.1 How an Order is placed
You place an Order by selecting a Product and its options, adding it to your cart, and completing the checkout process, including providing a valid payment method and a complete delivery address, and submitting the Order. Before you submit, the checkout displays the Products, the options selected, the item prices, the shipping charge, applicable taxes, any duties we collect, and the total amount payable.
7.2 How a contract is formed
Every Product listing on the Site is an invitation to treat and not an offer. Your Order is an offer to buy the Products on these Terms.
An order confirmation is not acceptance of your Order. When you submit an Order we will send you an acknowledgment by email confirming that we have received it and setting out its contents. That acknowledgment records receipt only. A contract between you and us comes into existence at the earlier of (a) the moment we send you a dispatch confirmation for a Product, and (b) the moment we expressly accept the Order in a separate communication. Where an Order contains more than one Product, a separate contract is formed in respect of each Product as and when it is accepted or dispatched, and we may accept part of an Order and decline the rest.
Until a contract is formed, we may decline the Order for any reason permitted by section 3.3. Where we have taken payment or an authorization and then decline, we will release the authorization or refund the payment in full.
Where a durable-medium confirmation is required — including under Article 8(7) of Directive 2011/83/EU and the equivalent UK requirement — we will provide the confirmation of the contract, including these Terms and the information required by law, by email on or before dispatch.
7.3 Prices and currency
All prices are stated in United States dollars (USD, $) unless a currency selector on the Site displays another currency. Where a currency selector or your payment provider converts a price into another currency, the conversion is an estimate performed at the then-current rate used by that service; the amount actually debited by your card issuer or bank may differ, and your issuer may add its own conversion fee or a foreign-transaction fee. We do not control and are not responsible for those charges.
Prices may change at any time. The price that applies to your Order is the price displayed at the time you submit the Order, subject to section 7.6.
7.4 What the displayed price includes: no hidden mandatory fees
The price and currency shown for your selected item, applicable discounts, delivery charges and any taxes collected with the order are presented before payment. We do not charge optional additions without your agreement. Mandatory price-disclosure requirements in your jurisdiction apply.
7.5 Taxes
Any taxes collected with your order are shown at checkout. Depending on the destination and country of dispatch, customs duties, import taxes and carrier clearance fees may also apply. Unless checkout expressly states that these charges are included or prepaid, the recipient may have to pay them to customs or the carrier, subject to applicable law. Collection of a tax at checkout does not by itself mean that every import charge is prepaid. See our Shipping Policy.
7.6 Pricing, description and typographical errors
Despite our efforts, a Product may occasionally be listed at an incorrect price or with an incorrect description, image, specification or availability, whether because of human error, a data-feed or catalog-sync error, a currency-conversion error, or a technical fault.
We reserve the right to correct any such error at any time. Where the error is discovered after you have submitted an Order but before a contract has been formed under section 7.2, we may decline the Order under section 3.3(b), and we will tell you and give you the option of reordering at the correct price. Where the error is discovered after a contract has been formed, we will contact you promptly and you may choose either to proceed at the correct price or to cancel the affected Product for a full refund; we will not charge you the difference without your agreement and we will not proceed with production against your instruction.
We do not treat an obvious and unmistakable pricing error — for example a price of $1 for a framed print — as an offer capable of acceptance.
7.7 Payment
Payment is due in full at the time you place your Order. We accept the payment methods shown at checkout. Payments are processed by third-party payment service providers; we do not receive or store your full card number. Your use of a payment method is also subject to that provider's terms.
By submitting payment details you represent that you are authorized to use the payment method, that the details are accurate, and that sufficient funds or credit are available. You authorize us and our payment processors to charge the total amount shown at checkout, and to place an authorization hold on your payment method before that. If a payment is declined, reversed, or fails after we have released an Order to production, we may cancel the Order, suspend delivery, and recover from you the amount due together with any reasonable costs we incur in doing so, to the extent permitted by law.
7.8 Chargebacks
If you believe a charge is wrong, please contact hello@jhny-art.com first: we can almost always resolve it faster than a dispute process can. We do not seek to prevent you from exercising any right you have with your card issuer, bank or payment provider, and nothing in these Terms restricts that right. Where a chargeback is raised on a transaction we have fulfilled correctly, we may present evidence to the issuer, and we may suspend or close an account with a pattern of unfounded chargebacks.
7.9 Promotional codes, discounts and offers
Promotional codes, discount codes, sale prices, free-shipping thresholds and similar offers are issued by us and are subject to any additional conditions stated when they are issued and to the following: each code is for one use per customer unless stated otherwise; codes have no cash value and cannot be exchanged for cash; codes cannot be combined with other offers unless stated; codes apply to item prices and, unless stated, not to shipping, taxes or duties; codes cannot be applied retrospectively to an Order already placed; and we may withdraw, suspend or invalidate a code at any time before it is applied, and may cancel an Order where a code has been obtained or used improperly, resold, or generated or applied by automated means. Where an offer is described as time-limited, the applicable time zone will be stated with the offer.
Where a Product is advertised as reduced from a previous price, the previous price is a genuine price at which the Product was offered by us for a meaningful period.
7.10 Gift cards
Where gift cards or vouchers are offered, their stated terms apply, subject to mandatory laws on expiry, fees and cash redemption. We do not substitute store credit for a monetary refund to which you are entitled.
8. Shipping, delivery, title and risk of loss
8.1 The Shipping Policy governs
Delivery destinations, carriers, service levels, production and transit estimates, the treatment of delayed, lost, damaged and undeliverable packages, and duties and import charges are set out in the Shipping Policy, which is incorporated into these Terms. This section 8 states the contractual position on title, risk and delivery.
8.2 Estimates are estimates
Production and transit times published on the Site, at checkout, in your Order acknowledgment or in tracking are good-faith estimates and are not guaranteed dates, except where we expressly sell and you expressly pay for a guaranteed delivery service and we identify it as such. Section 4.4 states the delivery deadlines that apply as a matter of law.
8.3 Title
Title to a Product passes to you on the later of delivery and our receipt of payment in full and cleared funds for that Product.
8.4 Risk of loss
Risk of loss of and damage to a Product passes to you when the Product is delivered into your physical possession, or into the physical possession of a person you have identified to take delivery — and, for consumers in the European Economic Area and the United Kingdom, this is the position required by Article 20 of Directive 2011/83/EU and section 29 of the UK Consumer Rights Act 2015, and it applies notwithstanding anything else in these Terms.
Where you arrange your own carrier or freight forwarder, or nominate a carrier other than one we offer, risk passes to you when we hand the Product to that carrier.
Until risk passes, a Product lost or damaged in transit is our problem, not yours. Report it to hello@jhny-art.com within the reporting window in section 9.1 and the Shipping Policy, and we will reprint or refund in accordance with that policy. The eligibility periods for a non-arrival claim are 20 calendar days after the order date for deliveries within the United States, and 30 calendar days after the order date for any delivery outside the United States.
8.5 Delivery address, failed delivery and refused packages
You are responsible for providing a complete and accurate delivery address and for being able to receive the package. Where a package is undeliverable, returned to sender, or destroyed by the carrier because the address was wrong or incomplete, because delivery was refused, because import charges due from you were not paid, or because the package was not collected from a carrier depot or pickup point within the carrier's holding period, we will tell you and you may ask us to reship it; you are responsible for the cost of reshipment. Where the package is not returned to us, we cannot reship without a further charge for the Product itself, because a replacement must be manufactured. Where the failure was caused by our error or the carrier's, we bear the cost. This section does not apply where you are exercising a statutory withdrawal or cancellation right.
Where a carrier records delivery but you have not received the package, tell us and we will investigate with the carrier. We will not treat a carrier's delivery scan as conclusive against you, and we resolve genuine cases in your favor under the Shipping Policy.
8.6 International shipping, duties and import charges
International orders may attract import charges as explained in section 7.5 and our Shipping Policy. Contact hello@jhny-art.com before ordering if you need help understanding charges for your destination. Mandatory consumer rights and price-disclosure requirements remain unaffected.
8.7 Product safety and origin information
Read the product information, labels and any warnings supplied with your item. Contact hello@jhny-art.com for help identifying manufacturer information or reporting a safety concern. See our Product Safety information. Mandatory product-safety obligations remain unaffected.
9. Returns, cancellations and refunds
9.1 The policy that governs
The Returns, Refunds and Cancellations Policy sets out in full how to cancel an Order, how to report a problem, what we will do about it, and how and when refunds are made. It is incorporated into these Terms by reference. This section 9 is a summary and does not replace it. If there is any conflict between this section and that policy, that policy prevails.
9.2 The US position
For customers whose contract is governed by US law, and because every Product is manufactured to order and cannot be restocked or resold:
(a) you may change or cancel an Order within 2 hours of placing it, provided the production file has not been released to production (section 4.2); (b) after that, we accept returns, replacements and refunds only where the Product is defective, was damaged in transit, or is the wrong item — meaning a design, size, color, style or product other than the one you ordered, or a Product outside the tolerances stated in section 5; (c) you must report the problem within 30 days of delivery, or within 30 days of the latest estimated delivery date where no delivery scan exists, with your Order number and clear photographs of the Product and, where relevant, the packaging and shipping label; (d) we do not accept returns, exchanges or refunds for buyer's remorse, for a size you selected that does not fit, or for a color or design you decided you did not want (see sections 5 and 6); and (e) where a claim is approved, we will reprint and reship the Product or refund you, at our option and having regard to your preference; approved refunds are initiated within 7 working days of approval and typically take a further 5 to 10 business days to appear on your statement, depending on your bank.
We do not require you to return a defective or wrongly supplied Product unless we ask you to, and where we do we pay the return cost.
9.3 EU, UK and other statutory rights — additional and unaffected
If you are a consumer resident in the European Economic Area or the United Kingdom, you have cancellation rights in addition to section 9.2, and section 9.2 does not limit them.
You have a right to withdraw from the contract within 14 days without giving any reason, running from the day on which you or a person you have nominated takes physical possession of the goods, or of the last item where the Order is delivered in several packages. This right applies to our standard catalog Products. Although each Product is printed after you order it, our designs are pre-existing items from a fixed JHNY ART catalog and choosing a size, color or frame option from the range we offer does not make a Product "made to your specifications" or "clearly personalised" within Article 16(c) of Directive 2011/83/EU or regulation 28(1)(b) of the UK Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. We do not claim that exemption for our catalog Products and we do not operate a site-wide "made to order, therefore final sale" rule. If we ever offer a genuinely custom Product — for example one made from an image or text you supply, or to non-standard dimensions you specify — we will tell you clearly on that product page, before you buy, that the withdrawal right does not apply to it, ask you to acknowledge that expressly, and repeat it in your order confirmation.
Where you withdraw, we refund all payments received from you, including standard outbound delivery costs, within 14 days of receiving the goods back or of your supplying evidence that you have sent them back, whichever is earlier. The Returns, Refunds and Cancellations Policy contains the model cancellation form, the address for returns, and the position on return shipping costs and on any deduction for handling beyond what is necessary to establish the nature and characteristics of the goods.
Separately from any cancellation right, your statutory conformity rights always apply: in the EU, the two-year legal guarantee under Directive (EU) 2019/771, with the burden of proof reversed in your favor for the first year; in the UK, the short-term right to reject within 30 days, then repair or replacement, then price reduction or the final right to reject, under the Consumer Rights Act 2015, with the burden reversed in your favor for six months and with those rights made non-excludable by section 31 of that Act. Consumers in Switzerland, Australia, Canada, New Zealand and elsewhere retain the non-excludable rights their local law gives them.
10. Intellectual property
10.1 What we own
The Site and everything on it other than material you supply — including the JHNY ART artwork, designs, illustrations, patterns, compositions, photographs, product images and mock-ups, text, product descriptions, copy, layout, look and feel, graphics, logos, icons, typography choices, audio, video, software, code, databases and their selection and arrangement (together, the Content) — is owned by Bridge A or by our licensors and is protected by copyright, trade mark, trade dress, database and other intellectual property laws worldwide.
"JHNY ART", the JHNY ART logo and our other names, logos, taglines and product names are our trade marks and service marks, whether or not registered. You may not use them without our prior written permission, except in a factual, non-misleading reference to us or to a Product you have bought.
We claim the rights we actually hold and no more. Our artwork is produced with the assistance of generative artificial-intelligence tools, as described in section 10.7. Material generated by such a tool without sufficient human authorship is not protected by copyright under United States law, and we do not assert copyright in any such material. What we do own, and do assert, is: the human-authored elements of each work, including the underlying drawing, the composition, and the creative selection, arrangement and modification applied to produce the finished piece; the JHNY ART names, marks, logos and trade dress; the photography, copy, layout, look and feel of the Site; and the selection and arrangement of the Content as a whole. The restrictions in section 10.4 and section 10.5 apply as contractual terms of your use of the Site and of your purchase, and they operate whether or not any particular element is protected by copyright.
All rights not expressly granted in these Terms are reserved.
10.2 Limited license to use the Site
We grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Site for your own personal, non-commercial purposes, and to view and temporarily cache Content as necessarily incidental to doing so, in each case in accordance with these Terms. This license terminates automatically if you breach these Terms.
10.3 What you get when you buy a Product
When you buy a Product you buy the physical article. You acquire ownership of that physical article. You do not acquire any ownership of, or any assignment or transfer of copyright in, the artwork or design embodied in it. No transfer of copyright, moral rights, trade mark rights or any other intellectual property occurs on a sale, and no such transfer will be implied from the sale, from the price, or from anything on the Site.
Subject to your compliance with these Terms, we grant you a perpetual, non-exclusive, non-transferable (except with the physical article), non-sublicensable, royalty-free license to use, display, enjoy and privately exhibit the artwork solely as it is embodied in the Product you purchased, for your own personal and non-commercial purposes, including displaying a print in your home or place of work, wearing a garment, and using an accessory for its ordinary purpose.
10.4 What you may not do
Except with our prior express written permission, or to the extent a mandatory exception or limitation to copyright (such as fair use under 17 U.S.C. § 107, or a statutory exception in your jurisdiction) applies and cannot be excluded by contract, you may not:
(a) reproduce, copy, scan, photograph for reproduction, print, re-print, digitise, screenshot for reproduction, or otherwise make copies of the Content or of the artwork embodied in a Product; (b) sell, license, rent, lend for commercial gain, or otherwise commercially exploit the Content or the artwork, or manufacture or have manufactured any article bearing the Content or the artwork; (c) create derivative works of, adapt, modify, translate, recolour, crop for reuse, remix, composite, or incorporate the Content or the artwork into any other work, product, design, template, NFT or other token, or digital asset; (d) use the Content or the artwork for any commercial purpose, including advertising, marketing, packaging, merchandise, print-on-demand listings, stock libraries, editorial licensing, brand identity, event decoration for a paid event, or any product or service offered for sale, and including as part of any set, kit, bundle or collection; (e) remove, obscure, crop out or alter any copyright notice, watermark, signature, credit, label, hangtag or other proprietary notice; (f) frame, mirror, deep-link into, or embed the Site or Content in a way that presents it as your own or that removes our branding; (g) use any data-mining, scraping, crawling, harvesting or similar automated tool to extract, index or copy the Content, except that a general-purpose search engine may index publicly available pages in the ordinary way to the extent permitted by our robots.txt file; or (h) use the Content or the artwork, in whole or in part, to develop, train, fine-tune, pre-train, retrain, evaluate, benchmark, ground, condition, prompt-tune, embed, or otherwise improve any machine-learning model, artificial-intelligence system, generative model, foundation model, diffusion model, large language model, style model, LoRA, embedding, classifier or dataset, or to generate outputs in the style of, or derived from, the Content or the artwork, whether by you or by any person on your behalf. Any express or implied license granted by these Terms expressly excludes such use, and we expressly reserve all rights in relation to text and data mining, including under Article 4(3) of Directive (EU) 2019/790 and the equivalent reservation mechanisms in other jurisdictions. This reservation is made in machine-readable form on the Site as well as here.
Paragraph (h) applies to the Content as published by us and to the artwork as embodied in a Product you own, and it is a restriction on the license we grant, not a claim to restrict any use that mandatory law permits you to make notwithstanding contract.
10.5 Feedback
If you send us suggestions, ideas or feedback about the Site, our Products or our business, you grant us a perpetual, irrevocable, worldwide, royalty-free, sublicensable license to use it for any purpose without obligation, attribution or compensation. Please do not send us confidential information or unsolicited creative material or artwork; if you do, we may use it consistently with this section and section 11, and we accept no obligation of confidence.
10.6 Copyright complaints
If you believe material on the Site infringes your rights, contact hello@jhny-art.com and follow the reporting instructions in our Intellectual Property policy. We review sufficiently detailed reports and responses. This contact does not constitute a representation that a DMCA agent is registered.
10.7 How our artwork is made — artificial intelligence
We think you are entitled to know how the work you are buying was made, and we would rather tell you plainly than let you find out later.
JHNY ART artwork is created by our artist using digital tools that include generative artificial intelligence. A finished piece typically begins as a human-made drawing, vector composition or layout, is developed with the assistance of AI image tools, and is then selected, composed, edited and finished by our artist. The creative direction, the composition and the final form of every piece are human decisions.
Three things follow, and we state them because they are true rather than because they are flattering:
(a) We do not describe our work as hand-drawn, hand-painted or machine-free. Where we describe how a piece was made, we describe it accurately. If you see us claim otherwise anywhere, that is an error and we would like to know about it at hello@jhny-art.com.
(b) Copyright in AI-generated material is limited. Under United States law, material generated by an AI system without sufficient human authorship is not protected by copyright. Our rights subsist in the human contribution — the underlying drawing, the composition, and the creative selection, arrangement and modification — and in our brand, marks and trade dress. Section 10.1 sets out what we claim.
(c) Visual similarity elsewhere is possible. Generative AI tools do not guarantee that their output is unique, and other people using similar tools may independently produce visually similar images. If you encounter something that resembles a JHNY ART piece, it is not necessarily a copy of ours and we do not assume that it is.
None of this affects what you receive: a physical Product, made to order, to the specification shown on the product page, with all of the statutory rights and the remedies set out in these Terms and in our Returns, Refunds and Cancellations Policy.
11. Your submissions, user content and reviews
11.1 Scope, and why this section exists now
As at the Last Updated date above, the Site does not offer a feature allowing you to upload images, artwork or files, and we do not accept custom commissions. We may introduce such features in future, and in the meantime you may send us material by email, post a comment, submit a review, or tag us on social media. This section 11 governs any material you submit to us or to the Site by any means, now or in future (User Content), and is written so that it works when and if upload features are introduced.
11.2 You keep ownership; you grant us a license
You retain ownership of any intellectual property rights you hold in your User Content. By submitting User Content you grant us and our production partners, service providers and sublicensees a worldwide, non-exclusive, royalty-free, transferable, sublicensable license to host, store, reproduce, adapt (including to resize, crop, color-manage and prepare a production file), publish, publicly display, publicly perform, distribute and otherwise use the User Content:
(a) for the purpose of operating the Site, responding to you, and manufacturing and delivering any Product you have ordered; and (b) where the User Content is a review, comment, photograph or other material you have submitted for publication, for the purpose of publishing and displaying it on the Site and, together with your first name or display name and general location if you have provided them, in our marketing, provided that we will not use it in paid advertising without your separate consent where consent is required.
The license in (a) lasts as long as necessary for those purposes and for our record-keeping and legal obligations. The license in (b) is perpetual as regards copies already made and published in good faith, and otherwise ends when you delete the User Content or ask us to remove it under section 11.5. This license does not transfer ownership and does not permit us to use your User Content to train machine-learning or generative-AI models except with your separate express consent.
11.3 Your warranties
You represent and warrant, each time you submit User Content, that:
(a) you own it or have all rights, licenses, consents and permissions necessary to submit it and to grant the license in section 11.2; (b) it does not and will not infringe or misappropriate any copyright, trade mark, trade dress, patent, trade secret, database right, right of publicity, personality right, moral right, or privacy right of any person; (c) where it contains an identifiable person, you have that person's written consent (and the consent of a parent or guardian for a minor) to its submission and use as described here; (d) it is not unlawful, defamatory, harassing, hateful, threatening, obscene, sexually explicit, exploitative of minors, deceptive, or in breach of any law, and does not promote or facilitate any of those things; (e) it does not contain malware or any code intended to disrupt or gain unauthorized access to any system; and (f) it does not contain sensitive personal information about any person, health information, financial account details, or government identification numbers.
You are solely responsible for your User Content and for the consequences of submitting it, and section 17 (indemnification) applies to it.
11.4 We do not monitor, and we may remove
We have no obligation to monitor, screen, review, verify, edit or store User Content, and we do not adopt, endorse or accept responsibility for User Content submitted by anyone other than us. We may, but need not, review it.
We may remove, refuse, edit for length or clarity without changing meaning, decline to publish, or disable access to any User Content, and may suspend or terminate an account, at any time and without prior notice, where we reasonably believe the User Content breaches these Terms or the law, or where a Product bearing it could not lawfully be manufactured or sold. We may decline to manufacture any Product from User Content that we consider infringing, unlawful or contrary to our values, in which case we will cancel the Order and refund you in full. Our exercise, or non-exercise, of these rights does not make us the publisher of User Content and does not waive any protection available to us, including under 47 U.S.C. § 230 and the equivalent provisions of other laws.
11.5 Removal requests and copyright
To ask us to remove your own User Content, email hello@jhny-art.com. To report User Content or other material that infringes your copyright, follow the Intellectual Property and DMCA Policy and write to hello@jhny-art.com. We operate a repeat-infringer policy and we actually apply it: accounts that are the subject of repeated substantiated infringement notices are terminated.
11.6 Reviews, testimonials and endorsements
Where we publish customer reviews or ratings, the following apply, and they reflect our obligations under the FTC Consumer Reviews and Testimonials Rule, 16 C.F.R. Part 465 (effective October 21, 2024), and equivalent rules elsewhere:
(a) reviews must be your own genuine, first-hand experience of a Product you actually received. Do not submit a review of a Product you have not received, a review written by someone else, or a review about a different product or brand; (b) we do not offer, and will not offer, any incentive, discount, credit, free product, entry to a prize draw, or other benefit that is conditioned on a review being positive, or on a particular rating or sentiment. Where we offer an incentive for submitting a review at all, it is offered regardless of what the review says, and we will disclose the incentive clearly next to the reviews concerned; (c) we do not suppress, delete, reorder, hide, filter out or refuse to publish a review because it is negative or unfavorable. We remove or decline to publish a review only where it is not about the Product, is not based on a genuine experience, contains unlawful, harassing, discriminatory, obscene or defamatory content, contains another person's personal information, is spam, is duplicated, or was submitted in breach of these Terms — and we apply those criteria the same way to favorable and unfavorable reviews. Where a review is removed we will, on request, tell you why; (d) we do not write, commission, buy, trade or sell fake reviews, do not use bot- or AI-generated reviews presented as genuine customer reviews, and do not misrepresent that a review reflects the views of a consumer who does not exist; (e) any review, testimonial or endorsement written by a founder, owner, officer, employee, contractor, family member or agent of Bridge A or JHNY ART, or by anyone we have given free product or paid, must clearly and conspicuously disclose that relationship, and we will not solicit such a review without requiring the disclosure. We do not ask employees or relatives to post reviews that conceal their connection to us; (f) we do not use, and will not use, any legal threat, physical threat, intimidation, or false accusation to procure the removal or prevention of a review, and any provision anywhere purporting to penalise you for a review would in any event be void under the Consumer Review Fairness Act, 15 U.S.C. § 45b. Nothing in these Terms prohibits, restricts or penalises you for publishing an honest review or assessment of us, our Site or our Products; and (g) where we display an average rating or a review count, it is calculated across all published reviews meeting the criteria in (c), and we describe the basis of calculation next to it.
If you believe a review on the Site is fake or non-compliant, tell us at hello@jhny-art.com and we will investigate.
12. Acceptable use and prohibited conduct
You agree not to do, and not to attempt, encourage or enable any other person to do, any of the following:
(a) use the Site for any unlawful purpose, or in breach of any applicable law, regulation, sanctions program or export control; (b) scrape, crawl, spider, harvest, index, mine or extract data or Content from the Site by automated means, except as permitted by section 10.4(g), or copy or aggregate our product data, prices, images or descriptions into any competing or derivative catalog, feed or dataset; (c) place Orders by automated means, including bots, scripts, macros and purchasing agents, or use any means to obtain an unfair advantage in acquiring a limited Product; (d) circumvent, disable, evade or interfere with any rate limit, purchase limit, queue, CAPTCHA, bot-detection measure, security feature, access control, geo-restriction, digital rights management, or robots.txt directive; (e) probe, scan or test the vulnerability of the Site or any related system, or breach or attempt to breach any authentication or security measure, without our prior written authorization; (f) introduce any virus, worm, trojan, ransomware, logic bomb, keystroke logger or other malicious or harmful code, or otherwise interfere with the proper working of the Site; (g) impose an unreasonable or disproportionate load on our infrastructure, or conduct any denial-of-service or distributed denial-of-service attack; (h) reverse engineer, decompile, disassemble, decrypt or attempt to derive the source code, structure or underlying ideas of any part of the Site, except to the extent that right cannot lawfully be excluded, and then only within the limits of that law; (i) infringe or misappropriate any intellectual property right of ours or of any third party, including as described in section 10.4; (j) impersonate any person, misrepresent your affiliation with any person, use another person's payment method or account without authorization, or provide false, misleading or fraudulent information; (k) harass, threaten, abuse, defame, stalk, discriminate against or send unlawful or abusive communications to any person, including our staff, contractors, production-partner staff and other customers. We reserve the right to end a customer interaction and to refuse further Orders where our staff are subjected to abuse, threats or discriminatory conduct; (l) use the Site to send unsolicited commercial messages, spam, chain messages or pyramid schemes, or to collect other users' information; (m) resell, redistribute or make the Site available to third parties as a service, or use the Site to develop a competing product or service; or (n) remove, obscure or alter any legal notice, credit, watermark or attribution.
We may investigate suspected breaches of this section, and we may suspend or terminate your access, cancel Orders, disclose information to law enforcement where legally required or where we believe in good faith it is necessary to prevent harm, and pursue any remedy available to us at law or in equity, including injunctive relief under section 18.7. Our rights under this section are cumulative.
13. Third-party links, third-party services and production partners
13.1 Links and third-party sites
The Site may link to, embed or interoperate with websites, applications, content and services operated by others, including social-media platforms, payment providers, carriers, review platforms, and analytics and marketing tools. We do not control them, we do not endorse them merely by linking, and we are not responsible for their content, their products, their accuracy, their availability, their security or their privacy practices. Your use of a third-party service is governed by that party's terms and privacy notice, and you should read them. Any dealing between you and a third party is between you and that third party.
13.2 Production partners and service providers
We use third-party production partners to manufacture Products and third-party carriers to deliver them, as described in section 4 and in the Shipping Policy, and third-party providers for hosting, payments, analytics, customer support, email and text messaging, and reviews. Using them does not reduce our obligations to you: we remain your seller and your counterparty, and we remain responsible to you for the conformity of the Products under these Terms and under applicable law. You do not have a direct contract with our production partners, and you should raise any problem with us, not with them.
We may change, add or remove production partners, carriers and service providers at any time, subject to section 5.7. Information about the recipients of your personal information is in the Privacy Policy.
13.3 Platform
The Site is hosted on Shopify. Some checkout, payment, account and messaging functions are provided by that platform and by payment providers under their own terms, and their availability is outside our control.
14. Electronic communications, notices and consent to electronic records
14.1 Consent to do business electronically
By using the Site or placing an Order you consent to transact with us electronically and, for the purposes of the federal Electronic Signatures in Global and National Commerce Act (E-SIGN), 15 U.S.C. § 7001 et seq., the Uniform Electronic Transactions Act as adopted in your state, and equivalent laws elsewhere, you consent to receive electronically all agreements, notices, disclosures, records, receipts and other communications that we would otherwise be required to provide to you in writing or on paper.
You agree that your electronic acceptance — clicking "I agree", checking a box, or submitting an Order — has the same legal effect as a handwritten signature, and that our records of electronic communications and of your Orders are admissible and are, absent manifest error, sufficient evidence of them.
14.2 Hardware, software and withdrawing consent
To access and retain electronic records you need a device with an internet connection, a current web browser, a working email account, and the ability to view and save PDF and HTML documents. We will send electronic records to the email address associated with your account or Order; keep it current, and tell us at hello@jhny-art.com if it changes.
You may withdraw your consent to receive records electronically, and you may request a paper copy of any record relating to your Order, by emailing hello@jhny-art.com with your Order number. We do not charge for a paper copy. Because the Site operates only online, withdrawing consent to electronic records means we may be unable to continue providing you with an account or accepting Orders from you; withdrawal does not affect the validity of records provided before withdrawal takes effect.
14.3 Transactional messages are not marketing
We will send you messages about your Order — order acknowledgment, dispatch and tracking notifications, delivery updates, delay and option notices under section 4.4, refund confirmations, and replies to your support inquiries. These are transactional and relationship messages necessary to perform our contract with you. They are not marketing, they are not advertisements for the purposes of the CAN-SPAM Act, and you cannot unsubscribe from them while an Order is outstanding, although you may of course ask us to change the channel we use.
14.4 Marketing email
Marketing email is separate and is sent only where you have opted in or where we are otherwise permitted to send it. Every marketing email identifies itself as an advertisement, includes our physical postal address, and contains a working unsubscribe mechanism that remains live for at least 30 days after the message is sent; we honor opt-outs within 10 business days, as CAN-SPAM requires, and in practice much faster. You can also unsubscribe by emailing hello@jhny-art.com.
14.5 Text messages
Text messaging is governed by the separate SMS / Text Message Terms, which are incorporated into these Terms. In summary: we send marketing text messages only with your prior express written consent as defined in 47 C.F.R. § 64.1200(f)(9); consent is not a condition of any purchase; you may revoke consent by any reasonable means, including by replying STOP, QUIT, END, REVOKE, OPT OUT, CANCEL or UNSUBSCRIBE, and we will honor a revocation within 10 business days; and we may send one final message confirming the opt-out. Message and data rates may apply. Transactional order messages are covered by section 14.3.
14.6 Notices
Notices to you may be given by email to the address associated with your account or most recent Order, by a message in your account, or by a conspicuous posting on the Site, and are deemed given when sent or posted. Notices to us must be in writing and sent to hello@jhny-art.com, with formal legal notices also sent to the registered street address in section 2.2, and are deemed given on the business day after receipt.
14.7 Privacy
How we handle your personal information, including the legal bases we rely on, the recipients of your data, international transfers, cookies and opt-out preference signals, and your rights and how to exercise them, is set out in the Privacy Policy and the Cookie Policy. We respond to privacy rights requests within 45 days, extendable by a further 45 days where permitted and with notice to you.
15. DISCLAIMER OF WARRANTIES
15.1 THE SITE
THE SITE, THE CONTENT AND ALL FEATURES, FUNCTIONS AND MATERIALS MADE AVAILABLE THROUGH THE SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE, TOGETHER WITH OUR OFFICERS, MEMBERS, MANAGERS, DIRECTORS, EMPLOYEES, AGENTS, PRODUCTION PARTNERS, LICENSORS AND SUPPLIERS, DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS, WHETHER EXPRESS, IMPLIED, STATUTORY OR ARISING FROM COURSE OF DEALING, USAGE OR TRADE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY AND NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THAT DEFECTS WILL BE CORRECTED; THAT THE SITE, ITS SERVERS OR ANY EMAIL SENT BY US IS FREE OF HARMFUL CODE; OR THAT ANY CONTENT, INCLUDING ANY PRODUCT DESCRIPTION, SIZE CHART, PRODUCT IMAGE, MOCK-UP, DELIVERY ESTIMATE, TRACKING INFORMATION, DUTY OR TAX ESTIMATE, OR STOCK, PRICING OR AVAILABILITY INFORMATION, IS ACCURATE, COMPLETE, CURRENT OR RELIABLE. YOU USE THE SITE AT YOUR OWN RISK.
15.2 THE PRODUCTS
WE DISCLAIM ALL IMPLIED WARRANTIES IN RELATION TO THE PRODUCTS TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US OR BY ANY OF OUR REPRESENTATIVES CREATES A WARRANTY OR IN ANY WAY INCREASES THE SCOPE OF ANY WARRANTY OR OBLIGATION SET OUT IN THESE TERMS.
WE DO NOT WARRANT THAT ANY PRODUCT WILL MATCH THE COLOR, PLACEMENT, EXACT DIMENSIONS, TEXTURE OR FINISH SHOWN ON YOUR SCREEN, WITHIN THE INHERENT CHARACTERISTICS AND TOLERANCES DESCRIBED IN SECTION 5, WHICH ARE PART OF THE DESCRIPTION OF THE PRODUCTS AND WHICH YOU ACKNOWLEDGE BEFORE PURCHASE. WE DO NOT WARRANT THAT A PRODUCT WILL FIT YOU, AND SIZE SELECTION IS YOUR RESPONSIBILITY AS SET OUT IN SECTION 6. PRODUCTS ARE SOLD FOR ORDINARY DOMESTIC AND PERSONAL USE AND ARE NOT WARRANTED AS FIT FOR ANY PROFESSIONAL, INDUSTRIAL, PROTECTIVE, SAFETY-CRITICAL, ARCHIVAL-INVESTMENT OR OUTDOOR APPLICATION UNLESS THE PRODUCT PAGE EXPRESSLY SAYS SO.
15.3 THIRD PARTIES
WE MAKE NO WARRANTY OR REPRESENTATION IN RESPECT OF ANY THIRD-PARTY WEBSITE, SERVICE, PLATFORM, CARRIER, PAYMENT PROVIDER OR PRODUCTION PARTNER, OR ANY CONTENT OR CONDUCT OF ANY THIRD PARTY, INCLUDING ANY USER CONTENT.
15.4 ACCESSIBILITY
WE ARE WORKING TOWARD MAKING THE SITE ACCESSIBLE AND USABLE FOR PEOPLE WITH DISABILITIES, AND OUR CURRENT POSITION, THE STANDARD WE USE AS A REFERENCE, KNOWN LIMITATIONS AND HOW TO GET HELP OR REPORT A BARRIER ARE SET OUT IN THE ACCESSIBILITY STATEMENT. WE DO NOT CLAIM THAT THE SITE FULLY CONFORMS TO ANY PARTICULAR TECHNICAL ACCESSIBILITY STANDARD OR IS CERTIFIED AS COMPLIANT WITH ANY ACCESSIBILITY LAW. IF YOU ENCOUNTER A BARRIER, EMAIL hello@jhny-art.com AND WE WILL WORK WITH YOU TO PROVIDE THE INFORMATION OR COMPLETE THE TRANSACTION BY ANOTHER MEANS.
15.5 JURISDICTIONAL LIMITS AND PRESERVED RIGHTS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON THE DURATION OF IMPLIED WARRANTIES, SO SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE OTHER RIGHTS THAT VARY BY STATE OR COUNTRY. WHERE AN IMPLIED WARRANTY CANNOT LAWFULLY BE EXCLUDED, IT IS LIMITED IN DURATION TO THE SHORTEST PERIOD PERMITTED BY THAT LAW.
NOTHING IN THIS SECTION 15 EXCLUDES, RESTRICTS OR MODIFIES: OUR LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE; OUR LIABILITY FOR FRAUD OR FRAUDULENT MISREPRESENTATION; ANY LIABILITY THAT CANNOT LAWFULLY BE EXCLUDED; YOUR STATUTORY CONFORMITY AND QUALITY RIGHTS AS A CONSUMER, INCLUDING UNDER DIRECTIVE (EU) 2019/771 AND THE UK CONSUMER RIGHTS ACT 2015 (WHICH SECTION 31 OF THAT ACT MAKES NON-EXCLUDABLE); ANY RIGHT UNDER THE MAGNUSON-MOSS WARRANTY ACT OR YOUR STATE'S CONSUMER PROTECTION LAW THAT CANNOT BE WAIVED; OR THE REMEDIES WE VOLUNTARILY PROVIDE UNDER SECTION 9 AND THE RETURNS, REFUNDS AND CANCELLATIONS POLICY.
16. LIMITATION OF LIABILITY
16.1 EXCLUSION OF INDIRECT AND CONSEQUENTIAL LOSS
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER WE NOR ANY OF OUR OFFICERS, MEMBERS, MANAGERS, DIRECTORS, EMPLOYEES, AGENTS, PRODUCTION PARTNERS, LICENSORS OR SUPPLIERS WILL BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, ANTICIPATED SAVINGS, GOODWILL, REPUTATION, OPPORTUNITY, DATA OR CONTENT, OR FOR THE COST OF SUBSTITUTE GOODS, IN EACH CASE ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE SITE, ANY PRODUCT, ANY ORDER, OR ANY DELAY IN OR FAILURE OF DELIVERY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, WARRANTY, STATUTE OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
WITHOUT LIMITING THE FOREGOING, WE ARE NOT LIABLE FOR ANY LOSS ARISING BECAUSE A PRODUCT DID NOT ARRIVE IN TIME FOR A PARTICULAR EVENT, HOLIDAY, GIFT OCCASION, EXHIBITION OR DEADLINE, UNLESS WE EXPRESSLY SOLD YOU AND YOU EXPRESSLY PAID FOR A GUARANTEED DELIVERY SERVICE FOR THAT DATE.
16.2 AGGREGATE CAP
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE SITE, ANY PRODUCT OR ANY ORDER WILL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU PAID US FOR THE PRODUCTS GIVING RISE TO THE CLAIM, AND (B) ONE HUNDRED UNITED STATES DOLLARS ($100).
THIS CAP APPLIES IN THE AGGREGATE AND NOT PER INCIDENT, AND MULTIPLE CLAIMS DO NOT ENLARGE IT.
16.3 BASIS OF THE BARGAIN AND ESSENTIAL PURPOSE
YOU ACKNOWLEDGE THAT THE DISCLAIMERS IN SECTION 15 AND THE LIMITATIONS IN THIS SECTION 16 ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN US, THAT THEY ALLOCATE RISK BETWEEN US IN A WAY THAT IS REFLECTED IN THE PRICE OF THE PRODUCTS, AND THAT WE WOULD NOT SELL THE PRODUCTS AT THE PRICES CHARGED WITHOUT THEM. THEY APPLY EVEN IF A LIMITED REMEDY IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE, AND THEY SURVIVE TERMINATION OF THESE TERMS.
16.4 JURISDICTIONAL LIMITS AND CARVE-OUTS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, INCLUDING INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, SO SOME OR ALL OF THE ABOVE MAY NOT APPLY TO YOU. WHERE OUR LIABILITY CANNOT LAWFULLY BE EXCLUDED OR CAPPED, IT IS LIMITED TO THE MINIMUM EXTENT PERMITTED BY THAT LAW.
NOTHING IN THIS SECTION 16 EXCLUDES OR LIMITS: OUR LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE; OUR LIABILITY FOR FRAUD OR FRAUDULENT MISREPRESENTATION; OUR LIABILITY UNDER PRODUCT LIABILITY LAW, INCLUDING REGULATION (EU) 2024/2853 AND THE UK CONSUMER PROTECTION ACT 1987; OUR OBLIGATION TO REFUND OR REMEDY UNDER SECTION 9, THE RETURNS, REFUNDS AND CANCELLATIONS POLICY, OR ANY STATUTORY CONFORMITY OR CANCELLATION RIGHT; OUR OBLIGATIONS UNDER DATA PROTECTION LAW, INCLUDING ARTICLE 82 GDPR AND UK GDPR; OR ANY OTHER LIABILITY THAT APPLICABLE LAW DOES NOT PERMIT US TO EXCLUDE OR LIMIT.
IF YOU ARE A CONSUMER, THIS SECTION 16 DOES NOT AFFECT YOUR RIGHT TO RECOVER LOSSES THAT ARE A FORESEEABLE RESULT OF OUR BREACH OF CONTRACT OR OUR NEGLIGENCE, AND SECTION 19.3 APPLIES.
17. Indemnification
To the maximum extent permitted by applicable law, you agree to indemnify, defend and hold harmless Bridge A and our officers, members, managers, directors, employees, agents, production partners, licensors and suppliers from and against any claim, demand, action, proceeding, loss, liability, damage, penalty, cost or expense (including reasonable attorneys' fees and costs) arising out of or relating to:
(a) your breach of these Terms or of any policy incorporated into them; (b) your User Content, including any claim that it infringes or misappropriates the intellectual property, privacy, publicity or other rights of any person; (c) your use or misuse of the Site or of any Product, including any use of the artwork outside the license granted in section 10.3; (d) your violation of any law or of the rights of any third party; or (e) any Order placed through your account, or any unauthorized use of your account resulting from your failure to keep your credentials secure.
We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with our defense and not to settle the matter without our prior written consent. You may not settle any matter in a way that imposes any obligation or admission on us without our prior written consent.
If you are a consumer, this section 17 applies only to the extent your act or omission was wrongful and only to the extent permitted by the mandatory consumer law of your state or country of residence; it does not require you to indemnify us for our own acts or omissions, and it does not apply at all to the extent the law of your place of residence prohibits an indemnity of this kind against a consumer.
18. DISPUTE RESOLUTION, BINDING INDIVIDUAL ARBITRATION AND CLASS-ACTION WAIVER
PLEASE READ THIS SECTION 18 CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS. IT REQUIRES YOU AND US TO TRY TO RESOLVE A DISPUTE INFORMALLY FIRST, AND THEN, UNLESS YOU OPT OUT, TO RESOLVE MOST DISPUTES BY BINDING INDIVIDUAL ARBITRATION RATHER THAN IN COURT AND RATHER THAN BEFORE A JURY, AND IT WAIVES YOUR RIGHT TO PARTICIPATE IN A CLASS, COLLECTIVE OR REPRESENTATIVE ACTION.
YOU HAVE 30 DAYS TO OPT OUT OF ARBITRATION. SEE SECTION 18.11. OPTING OUT IS FREE, TAKES ONE EMAIL, AND WILL NOT AFFECT YOUR ORDER, YOUR ACCOUNT, YOUR PRICES OR ANY OTHER RIGHT YOU HAVE.
IF YOU ARE A CONSUMER HABITUALLY RESIDENT IN THE EUROPEAN ECONOMIC AREA, THE UNITED KINGDOM OR SWITZERLAND, SECTION 19.3 APPLIES AND THIS SECTION 18 DOES NOT DEPRIVE YOU OF YOUR RIGHT TO BRING PROCEEDINGS IN THE COURTS OF YOUR COUNTRY OF RESIDENCE OR OF ANY MANDATORY PROTECTION OF THAT COUNTRY'S LAW.
18.1 Scope
For the purposes of this section 18, a Dispute means any dispute, claim, controversy or proceeding between you and us arising out of or relating in any way to these Terms, the Site, the Content, any Product, any Order, any marketing or communication we send you, our handling of your personal information, or the relationship between us, whether arising in contract, tort, statute, fraud, misrepresentation, equity or otherwise, and whether arising before, during or after the termination of these Terms. "Dispute" is to be given the broadest reasonable meaning, subject to the express carve-outs in sections 18.6, 18.7, 18.9 and 19.3.
You and we agree that the Federal Arbitration Act, 9 U.S.C. § 1 et seq., governs the interpretation and enforcement of this section 18, and that these Terms evidence a transaction in interstate commerce.
18.2 Class Waiver defined
In this section 18, the Class Waiver means the waiver of class, collective, consolidated, mass and representative proceedings set out in section 18.5.
18.3 Mandatory informal dispute resolution — 60 days
Most problems can be fixed quickly by talking to us. Before commencing arbitration or any court proceeding, you and we each agree to attempt in good faith to resolve the Dispute informally for at least 60 days. This requirement is a condition precedent to commencing arbitration and is mutual: it binds us as much as it binds you.
If you have a Dispute, you must send a written Notice of Dispute to hello@jhny-art.com, with the subject line "Notice of Dispute", and, if you wish, a copy by mail to the registered street address in section 2.2. The Notice of Dispute must be signed by you personally (an electronic signature or a typed signature in an email you send is sufficient) and must contain:
(a) your full name, mailing address, email address and telephone number; (b) the email address and, where relevant, the account name and the Order number or numbers associated with the Dispute; (c) the name of any lawyer or other person representing you, if any; (d) a description of the nature and basis of the Dispute, in enough detail for us to understand and evaluate it, including the specific conduct or Product complained of and the relevant dates; (e) a description of the specific relief you are seeking, and, where you are seeking money, the amount and how it is calculated; and (f) your signature, or the signature of a representative you have authorized in writing.
If we have a Dispute with you, we will send a Notice of Dispute containing the equivalent information to the email address associated with your account or most recent Order, and to your mailing address on file.
The 60-day period runs from receipt of a complete Notice of Dispute. During it, you and we will negotiate in good faith, and each of us will make available a person with authority to settle. Either of us may request a telephone or video conference, and if requested it will be held within 30 days; if you are represented by a lawyer, your lawyer may participate, but you must participate personally. Any settlement discussions and offers are confidential and inadmissible in any subsequent proceeding except to prove or enforce a settlement or to recover fees and costs.
Tolling. All applicable statutes of limitation, limitation periods, prescription periods and contractual and other time-based defences (including any deadline in these Terms or in the Returns, Refunds and Cancellations Policy) are tolled and suspended from the date a complete Notice of Dispute is received until the earlier of (i) the end of the 60-day period, and (ii) the date the Dispute is resolved.
Compliance with this section 18.3 is a condition precedent to initiating arbitration or, where permitted, court proceedings. Either you or we may bring an action in court to enforce this condition, and a court or the arbitrator may award the prevailing party the fees and costs incurred in enforcing it. An arbitration provider is not authorized by us to administer, and we do not consent to the administration of, an arbitration commenced without a compliant Notice of Dispute and the expiry of the 60-day period, and any filing fee paid in respect of such a filing is not our responsibility.
18.4 Agreement to arbitrate
If the Dispute is not resolved within the 60-day period, then, except for the matters carved out in sections 18.6, 18.7, 18.9 and 19.3, you and we each agree that the Dispute will be resolved exclusively by final and binding individual arbitration, and not in a court and not before a jury.
The arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules in effect when the arbitration is commenced (and, where the AAA determines that its Commercial Arbitration Rules and Consumer Due Process Protocol apply instead, under those rules), as modified by these Terms. The AAA Rules and the forms needed to begin an arbitration are available at adr.org, by telephone from the AAA on 1-800-778-7879, or from us on request to hello@jhny-art.com. Where these Terms conflict with the AAA Rules, these Terms govern to the extent the AAA permits; where the AAA declines to administer on that basis, the AAA Rules govern.
The arbitration will be conducted by a single neutral arbitrator. The arbitrator will be bound by these Terms, will apply the substantive law identified in section 19 and any applicable statute of limitations, will honor privileges recognized at law, and may award any individual relief — including damages, restitution, declaratory relief, statutory damages, injunctive relief limited to you individually, and attorneys' fees and costs where a statute or these Terms provide for them — that a court could award to you individually on the same claim. The arbitrator may not award relief for or against any person who is not a party. The arbitrator will issue a written award stating the essential findings and conclusions on which it is based. Judgment on the award may be entered in any court of competent jurisdiction. The arbitrator's decision is final and binding, subject only to the limited review available under the Federal Arbitration Act.
18.5 CLASS, COLLECTIVE AND REPRESENTATIVE ACTION WAIVER; JURY TRIAL WAIVER
YOU AND WE EACH AGREE THAT ANY DISPUTE WILL BE BROUGHT AND RESOLVED ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF, CLAIMANT OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, MASS, PRIVATE ATTORNEY GENERAL OR REPRESENTATIVE PROCEEDING.
THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF MORE THAN ONE PERSON, MAY NOT PRESIDE OVER ANY FORM OF CLASS, COLLECTIVE OR REPRESENTATIVE PROCEEDING, AND MAY NOT AWARD RELIEF TO OR AGAINST ANYONE WHO IS NOT AN INDIVIDUAL PARTY TO THE ARBITRATION, EXCEPT THAT NOTHING IN THIS SECTION PREVENTS THE BATCHING PROCEDURE IN SECTION 18.10 OR ANY CONSOLIDATION TO WHICH BOTH YOU AND WE AGREE IN WRITING.
YOU AND WE EACH KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE ANY RIGHT TO A TRIAL BY JURY IN RESPECT OF ANY DISPUTE, WHETHER THE DISPUTE IS HEARD IN ARBITRATION OR, IF THIS SECTION 18 IS HELD NOT TO APPLY, IN COURT.
THIS SECTION 18.5 DOES NOT APPLY TO ANY CLAIM OR RELIEF THAT APPLICABLE LAW DOES NOT PERMIT TO BE WAIVED, including any non-waivable public injunctive relief and any non-waivable representative claim, and it does not apply to a consumer to whom section 19.3 applies. Nothing in this section 18 prevents you from reporting a concern to, or from participating in an investigation or proceeding brought by, a government agency, including the Federal Trade Commission, a state attorney general, a consumer-protection authority, a data-protection authority, or the Consumer Financial Protection Bureau, or from recovering any award such an agency obtains on your behalf.
18.6 Small claims court is preserved — for both of us
Either you or we may bring an individual claim in a small claims court (or an equivalent court of limited jurisdiction, or a consumer claims tribunal) in your county or district of residence or in Delaware, instead of in arbitration, provided the claim is brought and remains on an individual, non-class, non-representative basis and remains within that court's jurisdictional limits, including as to the amount and type of relief sought. If a claim is filed in small claims court and is later transferred, removed or appealed to a court that is not a small claims court, or is amended to seek relief beyond that court's limits, it must be resolved under this section 18 at the election of either party. Nothing in this section 18 requires you to arbitrate a claim you could bring in small claims court.
18.7 Injunctive relief for intellectual property and unauthorized access is preserved
Notwithstanding anything else in this section 18, either party may bring an action in a court of competent jurisdiction seeking a temporary restraining order, preliminary or permanent injunction, specific performance, or other equitable relief — and, where sought together with such relief, an accounting and associated damages — in respect of (a) the actual or threatened infringement, misappropriation, dilution or other violation of that party's copyrights, trade marks, trade dress, trade secrets, patents or other intellectual property rights, including any breach of section 10.4; (b) unauthorized access to, interference with, or misuse of the Site or our systems, including any breach of section 12; and (c) the enforcement of section 18.3. Seeking such relief is not a waiver of the right to arbitrate any other Dispute.
18.8 Arbitration fees and costs
Payment of filing, administrative, case-management and arbitrator fees is governed by the AAA Rules, including the AAA's Consumer Arbitration Rules fee schedule, which caps the fee payable by a consumer and allocates the balance to the business. Subject to those Rules:
(a) you pay only the consumer filing fee provided for in the AAA fee schedule, and we pay all remaining AAA administrative and arbitrator fees and costs for an arbitration you commence individually under those Rules; (b) where we commence an arbitration against you, we pay all filing, administrative and arbitrator fees and costs; (c) if the arbitrator determines that your claim was frivolous or was brought for an improper purpose, as measured by the standard in Federal Rule of Civil Procedure 11(b), the arbitrator may reallocate fees and costs as the AAA Rules permit; (d) if the AAA determines that your consumer filing fee would be a hardship, or you provide us with a signed statement that paying it would be a hardship, we will pay it on your behalf on your written request to hello@jhny-art.com; and (e) each party otherwise bears its own attorneys' fees and expenses, except where a statute, these Terms, or the arbitrator's award under a fee-shifting provision provides otherwise. Where a statute applicable to your claim entitles a prevailing consumer to attorneys' fees, the arbitrator must apply it.
18.9 Delegation, and what a court decides instead of the arbitrator
Except as stated in the next paragraph, the arbitrator has exclusive authority to resolve all questions concerning the interpretation, applicability, scope, enforceability, validity, revocability and formation of this section 18, including any claim that all or part of it is void or voidable, and including any question of whether a particular Dispute is subject to arbitration.
Notwithstanding the foregoing, and as an express and severable exception to that delegation, any question concerning the enforceability, validity, scope or interpretation of the Class Waiver in section 18.5, and any question concerning the enforceability of section 18.10 (batching), is for a court of competent jurisdiction and not for the arbitrator to decide. Any arbitration is stayed pending a court's determination of such a question if either party so requests. Questions concerning the arbitrability of a claim under sections 18.6 and 18.7 are also for a court.
18.10 Mass and coordinated arbitrations — batching
If, within a 180-day period, 25 or more demands for arbitration raising substantially similar claims against us are filed or noticed by or on behalf of claimants represented by the same law firm, by law firms acting in coordination or in a common enterprise, or otherwise in a coordinated manner (together, Mass Filings), then this section 18.10 applies to all of those demands, including any demand filed after the threshold is met. You and we agree that:
(a) the demands will be administered in sequential batches of no more than 50 claimants each (or such other number as the AAA and the parties agree), grouped by the AAA so far as practicable by the similarity of the claims and, where relevant, by geography, and ordered alphabetically by claimant surname within the group unless the parties agree otherwise; (b) a single arbitrator will be appointed for each batch, and each batch will proceed as a single consolidated arbitration for that batch only, with a single set of filing and administrative fees payable for the batch rather than per claimant. Appointing one arbitrator for a batch is an administrative efficiency measure and does not create a class, collective or representative proceeding, and the arbitrator must decide each claimant's claim on its own merits and issue findings and an award for each claimant individually; (c) the arbitrator appointed to a batch may, with the parties' input, establish a common procedural schedule, permit common discovery on issues common to the batch, and determine common legal issues once for the batch; (d) you and we will cooperate with the AAA to implement this procedure, including by agreeing to reasonable adjustments the AAA proposes, and neither party will use the number of filings, or the fees generated by them, as leverage; (e) all applicable statutes of limitation, limitation periods and contractual time limits are tolled for every claimant within the Mass Filings from the date that claimant's Notice of Dispute is received until that claimant's batch is resolved or that claimant's demand is withdrawn; and (f) either party may propose to the other, and the parties may agree, that a small number of demands proceed first as bellwether arbitrations, with the outcomes used to inform a global mediation before the remaining batches proceed. Neither party is obliged to agree.
If a court determines that this section 18.10 is unenforceable as to a group of demands, the demands in that group will proceed in a court of competent jurisdiction on an individual basis, and section 18.12 applies.
18.11 YOUR RIGHT TO OPT OUT OF ARBITRATION — 30 DAYS
You may reject this section 18 and opt out of arbitration entirely. If you do, neither the agreement to arbitrate in section 18.4, nor the Class Waiver in section 18.5, nor the batching provision in section 18.10 will apply to you, and any Dispute will be resolved in court as provided in section 19.
To opt out, you must send us written notice within 30 days of the date you first accept these Terms — which is the earlier of the date you first create an account and the date you place your first Order after these Terms take effect. The notice must:
(a) be sent by email to hello@jhny-art.com with the subject line "Arbitration Opt-Out", or by mail to the registered street address in section 2.2 marked "Arbitration Opt-Out" (a mailed notice is effective on the date it is postmarked); (b) state your full name, your mailing address, and the email address associated with your account or Order; (c) identify your Order number, if you have placed an Order; and (d) state clearly and unambiguously that you are opting out of, or rejecting, the arbitration agreement in section 18 of the JHNY ART Terms of Service. Words to the effect of "I opt out of arbitration" are enough; you do not need to give a reason and you do not need to use a particular form.
We will acknowledge a valid opt-out by email within 10 business days. Keep a copy of your notice; if you do not receive an acknowledgment, email hello@jhny-art.com again and we will confirm.
An opt-out has no other consequences whatsoever. It will not affect your Order, your account, your prices, your eligibility for promotions, your returns rights, or any other part of your relationship with us, and it does not affect the remainder of these Terms, which continue to apply in full. We will not retaliate against you for opting out, and any attempt to do so would be a breach of these Terms by us.
If you have previously opted out, you remain opted out, and you do not need to opt out again in respect of any later amendment to these Terms.
Amendments to section 18. If we amend section 18 after you have accepted these Terms, you may reject the amendment by sending a notice in the form described above, with the subject line "Arbitration Opt-Out", within 30 days of the amendment taking effect; in that case the version of section 18 in force immediately before the amendment continues to apply between us. Rejecting an amendment to section 18 is not a termination of these Terms.
If you do not opt out within the 30-day period, you and we are bound by this section 18, including the Class Waiver.
18.12 Severability of this section 18
If the Class Waiver in section 18.5 is found by a court of competent jurisdiction to be unenforceable, void or unlawful as to a particular claim or request for relief, then the entirety of this arbitration agreement (sections 18.4, 18.5 and 18.10) is null and void as to that claim or request for relief, which must instead be brought in a court of competent jurisdiction under section 19, and neither you nor we may arbitrate it. In that event, the remainder of this section 18 continues to apply to all other claims and requests for relief, which remain subject to arbitration, and either party may request that the court stay the non-arbitrable claim pending arbitration of the arbitrable claims.
If any other provision of this section 18 is found unenforceable, that provision is severed and the remainder of this section 18 continues in full force, except that section 18.5 (the Class Waiver) is not severable from section 18.4 in the manner described above, and section 18.3 (informal resolution), section 18.6 (small claims) and section 18.11 (opt-out) are each essential and severable protections for you that survive the invalidity of any other part of this section.
18.13 Seat, venue, hearings and confidentiality
The seat of the arbitration is Delaware. Unless you and we agree otherwise:
(a) for a claim brought by a consumer, the hearing will be held by telephone or video conference, or, if you prefer an in-person hearing, in the county or district where you reside or another mutually convenient location, and you will never be required to travel outside your state or country of residence to participate; (b) where the claim is for less than the AAA's desk-arbitration threshold and neither party requests a hearing, the arbitration may be decided on documents alone; (c) for a claim we bring against you, the hearing will be held by telephone or video conference or in the county or district where you reside; and (d) neither party is required to disclose the existence, content or result of an arbitration, except as necessary to enforce or challenge the award, to comply with law or a regulator, to prepare or prosecute a claim or defense, or to inform insurers, auditors and professional advisers. Nothing in this paragraph prevents you from speaking publicly about your own experience with us or about your own claim, from complaining to a regulator, or from communicating with other consumers, and nothing in these Terms is a confidentiality obligation about the underlying facts of your Dispute.
18.14 Survival
This section 18 survives termination of these Terms, closure of your account, and the completion of any transaction with us.
19. Governing law, venue, and mandatory local consumer protection
19.1 Governing law
These Terms, and any Dispute, are governed by the laws of the State of Delaware and, where applicable, the federal law of the United States, without regard to conflict-of-laws principles that would apply the law of another jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
This section 19.1 is subject to sections 19.3 and 1.5.
19.2 Venue
Subject to section 18 and to sections 19.3 and 1.5, you and we agree that any Dispute not subject to arbitration will be brought exclusively in the state or federal courts located in New Castle County, Delaware, and you and we each consent to the personal jurisdiction of those courts and waive any objection based on venue or forum non conveniens.
19.3 Consumers in the EEA, the United Kingdom and Switzerland — mandatory local protection
This section 19.3 prevails over sections 18 and 19.1 and 19.2 and over anything else in these Terms that conflicts with it.
If you are a consumer habitually resident in a Member State of the European Economic Area, in the United Kingdom, or in Switzerland:
(a) nothing in these Terms deprives you of the protection afforded to you by the mandatory provisions of the consumer-protection law of your country of habitual residence, including the provisions implementing Directive 2011/83/EU (consumer rights, including the 14-day right of withdrawal), Directive (EU) 2019/771 (conformity of goods and the legal guarantee), Directive 93/13/EEC (unfair terms in consumer contracts), Directive 2005/29/EC (unfair commercial practices), and Regulation (EU) 2023/988 (general product safety), and, for UK consumers, the Consumer Rights Act 2015, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, the Consumer Protection from Unfair Trading Regulations, and Part 4 of the Digital Markets, Competition and Consumers Act 2024. Where the mandatory law of your country of residence gives you greater protection than these Terms or than the law chosen in section 19.1, that mandatory law applies, in accordance with Article 6 of Regulation (EC) No 593/2008 (Rome I) and the equivalent UK and Swiss rules;
(b) you may bring proceedings against us in the courts of your country of habitual residence, and we may bring proceedings against you only in the courts of your country of habitual residence, in accordance with Articles 17 to 19 of Regulation (EU) No 1215/2012 (Brussels I recast) and the equivalent UK and Swiss rules. Nothing in section 19.2 restricts that right, and we do not rely on section 19.2 against you;
(c) the arbitration agreement in section 18.4, the Class Waiver in section 18.5, the batching provision in section 18.10 and the jury-trial waiver do not apply to you to the extent they are prohibited or unenforceable under the law of your country of habitual residence. We record expressly, and do not seek to obscure, that a pre-dispute agreement requiring a consumer resident in the EEA or the UK to arbitrate, and a waiver by such a consumer of collective redress, are generally unenforceable against that consumer — including under Article 6 and point 1(q) of the Annex to Directive 93/13/EEC, under Schedule 2 to the Consumer Rights Act 2015, and under national law implementing those provisions — and that Article 25 of Directive 2011/83/EU and section 31 of the Consumer Rights Act 2015 prevent a consumer from waiving the rights those instruments confer. Accordingly, if you are such a consumer you may bring your claim in your local court regardless of section 18, and you may participate in any collective or representative action available to you, including under Directive (EU) 2020/1828 on representative actions;
(d) the informal dispute resolution process in section 18.3 remains available to you and we encourage you to use it, but it is not a condition precedent to your bringing proceedings in your local court, and it does not shorten or affect any statutory limitation period in your favor; and
(e) you may also be able to use an alternative dispute resolution body. Contact us at hello@jhny-art.com to discuss a complaint and any applicable dispute-resolution options. We note for completeness that the European Commission's ODR platform established under Regulation (EU) No 524/2013 ceased operating on July 20, 2025 and that we therefore do not link to it. Your national consumer authority, European Consumer Centre, or (for UK consumers) Citizens Advice and the Chartered Trading Standards Institute can also assist.
19.4 Consumers elsewhere
If you are a consumer resident in a country other than the United States and other than a country covered by section 19.3, nothing in these Terms deprives you of any mandatory protection or non-excludable right or remedy available to you under the law of your country of residence, and section 1.5 applies.
19.5 Time limit for bringing a claim
To the extent permitted by applicable law, and except where a longer period is required by the mandatory law applicable to you, any Dispute must be commenced within one year after the claim arises, failing which it is permanently barred. This section does not apply to a consumer to whom section 19.3 or section 19.4 applies where the applicable mandatory law provides a longer period, and it does not apply where the applicable law does not permit the shortening of a limitation period. The tolling in sections 18.3 and 18.10(e) applies to this period.
20. General provisions
20.1 Force majeure
Neither party is liable for any failure or delay in performing an obligation under these Terms (other than an obligation to pay money already due, or to refund money owed) to the extent the failure or delay is caused by an event beyond that party's reasonable control, including an act of God, fire, flood, earthquake, extreme weather, epidemic or pandemic and any resulting public-health measure, war, armed conflict, act of terrorism, civil unrest, strike or other labor dispute, embargo, sanctions, government act or order, change in law, customs or border action, national or international carrier failure or capacity shortage, port congestion, shortage or unavailability of blank goods, paper, ink or other materials, production-partner facility closure, failure of a utility or telecommunications network, internet or hosting outage, or a cyber attack.
The affected party will notify the other as soon as reasonably practicable and will use reasonable efforts to mitigate. Where the event delays your Order, we will tell you and give you the choice of waiting or canceling for a full refund, and section 4.4 (option notice, express consent, prompt refund) applies. Where the event prevents performance for more than 30 consecutive days, either party may cancel the affected Order and we will refund you in full. Nothing in this section affects your statutory rights, including under section 9.
20.2 Assignment
You may not assign, transfer, charge or deal with your rights or obligations under these Terms, or delegate the performance of your obligations, without our prior written consent, and any attempt to do so is void. We may assign or transfer these Terms, in whole or in part, and may novate them, without your consent, to an affiliate, or in connection with a merger, acquisition, reorganisation, or a sale of all or substantially all of our assets or of the JHNY ART business, provided that the assignee agrees to be bound by these Terms and that the assignment does not reduce your rights or your statutory protections. We will give notice of any such assignment by posting on the Site or by email. Nothing in this section prevents us from using subcontractors, including production partners and carriers, to perform our obligations; we remain responsible to you for their performance.
20.3 Severability
If any provision of these Terms is held invalid, illegal or unenforceable by a court or arbitrator of competent jurisdiction, that provision will be modified to the minimum extent necessary to make it enforceable and to give effect to the parties' intention or, if modification is not possible, severed, and the remaining provisions will continue in full force and effect. Section 18.12 governs severability within section 18 and prevails over this section 20.3 in respect of section 18. Where a provision is unenforceable only as against a class of persons or in a particular jurisdiction, it remains effective as to all other persons and jurisdictions.
20.4 No waiver
No failure or delay by either party in exercising any right or remedy under these Terms operates as a waiver of it, and no single or partial exercise precludes any further exercise. A waiver is effective only if given in writing and signed by the waiving party, and a waiver of a particular breach is not a waiver of any other or subsequent breach. Our acceptance of an Order or payment, or our provision of a remedy or goodwill gesture on one occasion, does not waive any of our rights or create an obligation to do the same again.
20.5 No third-party beneficiaries
These Terms are between you and us. Except as expressly stated — including the benefit conferred on the persons indemnified under section 17 and the persons whose liability is limited under sections 15 and 16, each of whom may enforce those provisions — no person other than you and us has any right to enforce any provision of these Terms. Nothing in this section affects a right or remedy of a third party that exists independently of these Terms, and, for UK-law purposes, the Contracts (Rights of Third Parties) Act 1999 is excluded except in respect of the persons expressly identified above.
20.6 Relationship of the parties
Nothing in these Terms creates a partnership, joint venture, agency, franchise, employment or fiduciary relationship between you and us.
20.7 Entire agreement
These Terms, together with the documents listed in section 1.4 and any additional terms we present to you and you accept at the point of a specific transaction, constitute the entire agreement between you and us in relation to the Site and your Orders, and supersede all prior and contemporaneous agreements, proposals, representations and understandings, whether oral or written, on the same subject. Nothing in this section limits or excludes any liability for fraud or fraudulent misrepresentation, and nothing in this section excludes or restricts a consumer's reliance on a statement made to that consumer where the law does not permit its exclusion — including under Directive 2005/29/EC, the UK Consumer Protection from Unfair Trading Regulations, section 12 of the UK Consumer Rights Act 2015 (information about goods forming part of the contract), and applicable US state consumer-protection statutes.
20.8 Survival
Sections 1.5, 2, 3.2, 7.7, 7.8, 10, 11.2, 11.3, 12, 13, 14, 15, 16, 17, 18, 19 and 20, and any other provision that by its nature is intended to survive, survive any termination or expiry of these Terms, the closure of your account, and the completion or cancellation of any Order.
20.9 Interpretation
Headings are for convenience only and do not affect interpretation. "Including", "include" and "in particular" are not words of limitation. References to a statute, regulation, directive or rule include any amendment, replacement or successor instrument and any subordinate legislation made under it. Singular includes plural and vice versa. A reference to "writing" includes email. References to a period of "days" mean calendar days unless "business days" or "working days" is stated. Where these Terms use both "business days" and "working days", "business days" means days other than Saturday, Sunday and a public holiday in the place of performance, and "working days" has the meaning given to it in the applicable regulation. Where an English-language version of these Terms is translated, the English version prevails in the event of inconsistency, except where mandatory law in your country of residence requires otherwise.
20.10 Termination
You may stop using the Site at any time, and may ask us to close your account by emailing hello@jhny-art.com. We may suspend or terminate your access to the Site or your account, with or without notice, where you have breached these Terms, where we reasonably suspect fraud or unlawful use, or where we are required to do so by law; and we may discontinue the Site or any part of it at any time. Termination does not affect any Order already accepted, which we will fulfill or refund, and does not affect any accrued right or remedy of either party, or any provision that survives under section 20.8.
20.11 Language
These Terms are provided in English. Mandatory local-language and consumer-information requirements remain unaffected.
21. Acknowledgment
BY ACCESSING OR USING THE SITE, BY CREATING AN ACCOUNT, OR BY PLACING AN ORDER, YOU ACKNOWLEDGE THAT:
(A) YOU HAVE READ AND UNDERSTOOD THESE TERMS AND THE POLICIES INCORPORATED INTO THEM, AND YOU AGREE TO BE BOUND BY THEM;
(B) YOU ARE AT LEAST 18 YEARS OLD, OR THE AGE OF MAJORITY WHERE YOU LIVE IF THAT IS HIGHER, AND HAVE THE CAPACITY TO ENTER INTO THIS CONTRACT;
(C) YOU UNDERSTAND THAT EVERY PRODUCT IS MANUFACTURED TO ORDER AFTER YOU BUY IT, THAT THE WINDOW TO CHANGE OR CANCEL AN ORDER IS 2 HOURS, AND THAT PRODUCTION TIME AND TRANSIT TIME ARE SEPARATE;
(D) YOU HAVE READ SECTION 5 AND UNDERSTAND THAT COLOR DIFFERENCES BETWEEN SCREEN AND PRINT, MINOR PLACEMENT VARIATION, MEASUREMENT TOLERANCES, PATTERN MISALIGNMENT ACROSS SEAMS ON CUT-AND-SEW ITEMS, TEMPORARY INK STIFFNESS, TEMPORARY MARKS AROUND A PRINT THAT WASH OUT, AND BATCH VARIATION AND SLIGHT SHRINKAGE IN NATURAL FIBRES ARE INHERENT CHARACTERISTICS OF THE PRODUCTS AND NOT DEFECTS;
(E) YOU HAVE READ SECTIONS 15 AND 16 AND AGREE TO THE DISCLAIMER OF WARRANTIES AND THE LIMITATION OF OUR LIABILITY, INCLUDING THE CAP AT THE GREATER OF WHAT YOU PAID FOR THE PRODUCTS CONCERNED AND $100;
(F) YOU HAVE READ SECTION 18 AND AGREE TO RESOLVE DISPUTES BY BINDING INDIVIDUAL ARBITRATION AND TO WAIVE CLASS ACTIONS AND JURY TRIAL, UNLESS YOU OPT OUT WITHIN 30 DAYS UNDER SECTION 18.11; AND
(G) IF YOU ARE A CONSUMER IN THE EEA, THE UNITED KINGDOM OR SWITZERLAND, NOTHING IN THESE TERMS TAKES AWAY THE MANDATORY CONSUMER RIGHTS OF YOUR COUNTRY OF RESIDENCE OR YOUR RIGHT TO GO TO YOUR LOCAL COURTS, AND YOUR 14-DAY RIGHT OF WITHDRAWAL APPLIES TO OUR CATALOG PRODUCTS.
IF YOU DO NOT AGREE, DO NOT USE THE SITE AND DO NOT PLACE AN ORDER.
Contact
JHNY ART — a brand of Bridge A General & order support: hello@jhny-art.com Privacy requests: hello@jhny-art.com Legal notices: hello@jhny-art.com Copyright / DMCA: hello@jhny-art.com Accessibility: hello@jhny-art.com Mailing address: 8 The Green, Suite A, Dover, DE 19901, United States
