Terms of Service
Effective date: 09/27/26
These Terms of Service govern your use of ellenbrownarts.com and purchases from Ellen Brown Arts LLC. By using the website or placing an order, you agree to these terms and to the policies incorporated into them. If you do not agree, please do not use the website or place an order.
About Ellen Brown Arts
Ellen Brown Arts LLC is a Minnesota limited liability company based in Duluth, Minnesota. Contact us at ellen [at] ellenbrownarts.com or 904 Chester Park Drive, Duluth, MN 55812.
Eligibility
You must be at least 18 years old, or the age of legal majority where you live, to place an order or enter into a commission agreement. By ordering, you represent that you have legal capacity to enter into the transaction and that the information you provide is accurate.
Artwork, Descriptions, and Availability
Original artworks are individually made and are one of a kind unless a listing expressly states otherwise. Product pages will identify the work's title, dimensions, medium, substrate, framing, and other material details to the extent applicable.
We make reasonable efforts to present artwork and colors accurately. Screen settings, lighting, photography, and the character of handmade materials may cause modest differences between an online image and the physical work. Dimensions are approximate unless stated otherwise.
Placing an item in a cart does not reserve it. Because an original can be sold only once, availability is not guaranteed until payment is completed and the order is accepted.
Orders and Acceptance
An order is an offer to purchase. We may accept, decline, or cancel an order for reasons including unavailability, suspected fraud, payment failure, a pricing or description error, shipping restrictions, or an inability to complete delivery. If we cancel an order after payment, we will refund the amount paid for the canceled item.
We will review your order after checkout. An automated order-confirmation email acknowledges that we received it; it does not guarantee acceptance. We accept the order when we confirm it can be fulfilled, and we will notify you promptly if we must decline or cancel it. If payment was collected for a canceled order, we will issue a refund.
Prices, Payment, and Taxes
Prices are shown in US DOLLARS and may change before an order is placed. Payment is due at checkout through SQUARESPACE PAYMENTS. Applicable sales tax, shipping charges, and other fees will be shown at checkout when the platform is able to calculate them.
For international orders, customs duties, import VAT, brokerage charges, and similar destination-country fees are generally the collector's responsibility unless the checkout page expressly states that they are included.
Shipping, Delivery, and Returns
The Shipping & Delivery Policy and Returns, Damage & Refund Policy are incorporated into these Terms. Please review them before ordering.
FINAL-SALE NOTICE: Because each original artwork is one of a kind, all sales of ready-made original artwork are final unless the artwork arrives damaged or an incorrect item is delivered. This policy does not limit any rights provided by applicable law.
Commissions and Custom Work
Submitting a commission inquiry does not obligate either party to proceed. A commission is accepted only after the collector and Ellen Brown Arts sign a separate commission agreement and any required deposit is paid. The commission agreement will control the scope, price, schedule, approvals, cancellation terms, reference images, intellectual-property rights, framing, shipping, and remedies for that project. If these website terms conflict with a signed commission agreement, the signed agreement controls for that commission.
Reference Photographs and Other Submitted Material
If you submit photographs, text, or other material through the website, you represent that you created it or have permission to provide it for the stated purpose. You grant Ellen Brown Arts a limited, nonexclusive permission to review, store, and use the material as reasonably necessary to respond to your inquiry and, if a commission is accepted, to create and deliver the commissioned artwork as further described in the commission agreement. Do not submit confidential material or images you are not authorized to share.
Copyright and Ownership
Unless a written agreement expressly states otherwise, purchasing an original artwork transfers ownership of the physical artwork only. Ellen Brown and/or Ellen Brown Arts LLC retains all copyrights and reproduction, publication, display, licensing, and derivative-use rights in the artwork and its images. The collector may display the physical artwork for personal, noncommercial purposes and may resell the physical artwork, subject to applicable law, but may not reproduce, publish, license, merchandise, mint, commercially exploit, or authorize others to use the artwork or its image without prior written permission.
All website text, artwork images, graphics, branding, and other content are owned by or licensed to Ellen Brown Arts and are protected by copyright and other laws. You may not copy, scrape, republish, alter, distribute, or commercially use site content without permission, except for ordinary personal viewing and sharing a direct link to a public page.
Permitted Website Use
You agree not to interfere with the website, attempt unauthorized access, introduce malicious code, use automated tools to harvest content or personal information, impersonate another person, submit unlawful or infringing material, or use the site in a way that violates law or the rights of others.
Third-Party Services and Links
The website relies on third-party services for hosting, payment, email, analytics, and shipping and may link to outside websites. We are not responsible for third-party sites or services beyond the responsibilities that applicable law places on us. Your use of a third-party service may also be governed by that provider's terms and privacy policy.
Disclaimer
We aim to provide accurate descriptions and a reliable website, but the website may occasionally contain errors or experience interruptions. To the extent permitted by law, the website and its general informational content are provided without warranties beyond those expressly stated in a product listing, written agreement, or applicable law. Nothing in these Terms excludes a warranty, remedy, or consumer right that cannot legally be excluded.
Limitation of Liability
To the extent permitted by law, Ellen Brown Arts will not be liable for indirect, incidental, special, or consequential losses arising from use of the website. For a claim directly involving a purchase, our aggregate liability will not exceed the amount paid for the affected order, except where applicable law requires another remedy. This limitation does not apply to liability that cannot legally be limited or excluded.
Governing Law
These Terms are governed by the laws of the State of Minnesota, without regard to conflict-of-law principles. Any dispute that may lawfully be brought in Minnesota will be brought in a state or federal court serving St. Louis County, Minnesota. This provision does not deprive a consumer of mandatory protections or a forum that applicable law gives the consumer.
Changes; Severability
We may update these Terms by posting a revised version with a new effective date. The terms in effect when an order is placed will govern that order unless the parties agree otherwise or law requires otherwise. If any provision is found unenforceable, the remaining provisions will continue to the fullest extent permitted by law.
Contact
Questions about these Terms may be sent to:
Ellen Brown Arts LLC
904 Chester Park Drive, Duluth, MN 55812
ellen [at] ellenbrownarts.com