Terms of service

Terms of Service

OVERVIEW

Welcome to Shelbi Tietjen Fine Art.

The terms “we,” “us,” and “our” refer to Shelbi Tietjen Fine Art. Shelbi Tietjen Fine Art operates this store and website, including all related information, content, features, tools, products, and services in order to provide you, the customer, with a curated shopping experience (the “Services”).

Shelbi Tietjen Fine Art is powered by Shopify, which enables us to provide the Services to you.

These Terms of Service, together with any policies referenced herein, describe your rights and responsibilities when you use our website, purchase our products, or otherwise interact with our Services.

By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or our Privacy Policy, please do not use or access our Services.

SECTION 1 — ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state, province, or jurisdiction of residence, or that you have the consent of a parent or legal guardian where required.

To use certain portions of the Services or make a purchase, you may be asked to provide information including your name, email address, billing information, payment information, and shipping address.

You agree that all information you provide is accurate, current, and complete.

You are responsible for maintaining the security of any account credentials associated with your use of the Services and for activity conducted through your account.

SECTION 2 — OUR ARTWORK AND PRODUCTS

We make every reasonable effort to accurately represent our original artwork, fine art prints, canvas reproductions, reflection cards, and other products.

Because screens and devices display color differently, the colors, tones, contrast, texture, and appearance of artwork shown online may vary slightly from the physical product you receive.

Fine art reproductions may also vary slightly due to differences in printing processes, materials, substrates, sizing, cropping, and production.

These natural variations are not considered defects.

Product descriptions, pricing, available sizes, materials, and availability may be updated or changed at any time without prior notice.

We reserve the right to discontinue a product, size, format, or collection at any time.

SECTION 3 — ORDERS

When you place an order, you are making an offer to purchase the selected product or products.

Shelbi Tietjen Fine Art reserves the right to accept, decline, modify, or cancel an order where reasonably necessary, including in cases involving payment issues, pricing errors, product availability, suspected fraud, or other circumstances affecting fulfillment.

Payment must be successfully processed before an order is considered accepted.

Please review your order carefully before submitting it. Because many fine art prints and canvases are produced specifically after an order is placed, we may be unable to accommodate cancellation or modification requests once production has begun.

If we need to modify, decline, or cancel your order, we will attempt to contact you using the information provided at checkout.

Returns and refunds are governed by our Return and Refund Policy, which is available on this website.

Products purchased from Shelbi Tietjen Fine Art are intended for personal use unless separate written permission has been granted for commercial use, resale, licensing, or distribution.

SECTION 4 — PRICES, PAYMENT, AND TAXES

All prices are listed in the currency displayed at checkout.

Prices, promotions, discounts, and product availability may change without notice.

The price charged will be the price shown at the time the order is submitted.

Applicable sales tax may be added where required by law.

Any shipping charges, if applicable, will be disclosed before checkout is completed.

You agree to provide current, complete, and accurate billing and payment information for all purchases.

You represent that you are authorized to use the payment method submitted with your order.

SECTION 5 — SHIPPING AND DELIVERY

Delivery dates and shipping times are estimates and are not guaranteed.

Many of our products are made to order and may require production time before shipment.

We are not responsible for delays caused by shipping carriers, weather, customs, incorrect delivery information, natural disasters, or other circumstances outside our reasonable control.

Customers are responsible for providing a complete and accurate shipping address at checkout.

If an order arrives damaged, defective, or incorrect, please follow the instructions in our Return and Refund Policy and contact us as soon as possible.

SECTION 6 — RETURNS AND REFUNDS

Returns, refunds, damaged-order claims, exchanges, and other related matters are governed by our Return and Refund Policy available on this website.

Regular fine art prints, canvas reproductions, and eligible non-personalized products may be returned in accordance with that policy.

Custom commissions, personalized artwork, and products created specifically for an individual customer may be final sale except where otherwise required by law or where the item arrives damaged, defective, or incorrect.

SECTION 7 — ORIGINAL ARTWORK

Original artwork is unique and may contain natural characteristics associated with hand-created fine art, including visible brushwork, texture, surface variation, and other characteristics of the artist’s process.

These characteristics are part of the artwork and are not considered defects.

Unless otherwise stated in writing, purchasing an original artwork transfers ownership of the physical artwork only.

Purchasing an original artwork does not transfer copyright, reproduction rights, licensing rights, merchandising rights, digital rights, or any other intellectual-property rights.

All such rights remain with Shelbi Tietjen and Shelbi Tietjen Fine Art unless expressly transferred through a separate written agreement.

SECTION 8 — INTELLECTUAL PROPERTY AND ARTWORK COPYRIGHT

All artwork, paintings, images, photographs, videos, illustrations, graphics, designs, logos, text, written descriptions, product imagery, website content, and other creative material appearing on this website are owned by or licensed to Shelbi Tietjen Fine Art and are protected by applicable copyright, trademark, and intellectual-property laws.

All original artwork and reproductions remain protected by copyright even after the physical original, print, or canvas has been purchased.

You may not, without prior written permission:

  • reproduce or copy our artwork;

  • create prints, posters, merchandise, digital products, or other reproductions from our artwork;

  • distribute or sell copies of our artwork;

  • modify or create derivative commercial works from our artwork;

  • upload our artwork to print-on-demand services;

  • use our artwork in commercial products, advertising, branding, or promotional materials;

  • remove copyright information or artist attribution;

  • scrape, download, extract, or systematically collect artwork or website content;

  • use our artwork, images, or other protected content to train, fine-tune, develop, or improve artificial-intelligence or machine-learning systems;

  • use automated systems, bots, crawlers, scraping tools, or similar technologies to acquire our protected creative content for reproduction, training, analysis, or commercial exploitation.

Purchasing an original painting, print, canvas, card, or other product does not grant reproduction or licensing rights.

Any commercial use, licensing arrangement, publishing arrangement, wholesale use, reproduction, or other exploitation of our artwork requires prior written permission from Shelbi Tietjen Fine Art.

Unauthorized use may violate copyright, trademark, and other intellectual-property laws.

All rights not expressly granted are reserved.

SECTION 9 — TRADEMARKS AND BRANDING

The name “Shelbi Tietjen Fine Art,” associated logos, artwork titles, designs, branding elements, and other identifying materials may be protected by trademark, copyright, or other applicable law.

You may not use our name, logos, branding, or artwork in a way that falsely suggests sponsorship, endorsement, affiliation, or authorization.

SECTION 10 — OPTIONAL THIRD-PARTY TOOLS

We may provide access to tools, applications, integrations, payment processors, social-media platforms, or other services operated by third parties.

We do not control these third-party services and cannot guarantee their availability, security, accuracy, or performance.

Your use of third-party tools is subject to the terms and policies of the applicable provider.

Use of third-party tools is at your own discretion.

SECTION 11 — THIRD-PARTY LINKS

Our website may contain links to third-party websites, platforms, services, or resources.

We are not responsible for the content, accuracy, privacy practices, security, products, or services offered by third-party websites.

If you leave our website to visit another website, you do so at your own discretion.

Please review the applicable third party’s terms and policies before making purchases or providing personal information.

SECTION 12 — RELATIONSHIP WITH SHOPIFY

Shelbi Tietjen Fine Art is powered by Shopify, which enables us to provide the Services to you.

However, purchases made through our store are made directly between you and Shelbi Tietjen Fine Art.

Shopify is not the seller of our artwork or products and is not responsible for the products purchased from Shelbi Tietjen Fine Art.

By using the Services, you acknowledge that Shopify is not responsible for any aspect of the sale between you and Shelbi Tietjen Fine Art except to the extent required by applicable law.

SECTION 13 — PRIVACY

Personal information collected through our Services is handled in accordance with our Privacy Policy, which is available on this website.

Because our store is powered by Shopify, Shopify may collect and process certain information relating to your use of the website and purchases in order to provide its services.

We may also use third-party services, including analytics, social-media, marketing, advertising, payment, and ecommerce tools, which may process information in accordance with their own policies.

Please review our Privacy Policy for additional information.

SECTION 14 — REVIEWS, COMMENTS, AND FEEDBACK

If you submit a review, testimonial, photograph, comment, suggestion, or other feedback relating to our artwork, products, or Services, you represent that you have the right to submit that content.

You grant Shelbi Tietjen Fine Art permission to use submitted reviews, testimonials, and feedback for reasonable business and promotional purposes, including display on our website, social-media channels, emails, and marketing materials.

We may remove content that is unlawful, fraudulent, abusive, misleading, defamatory, infringing, or otherwise inappropriate.

You may not use a false identity, impersonate another person, or knowingly submit false or misleading reviews.

SECTION 15 — ERRORS, INACCURACIES, AND OMISSIONS

Occasionally information on our website may contain typographical errors, pricing errors, inaccuracies, or omissions related to product descriptions, availability, pricing, promotions, shipping, or other information.

We reserve the right to correct errors, update information, or cancel an order affected by a material error where permitted by law.

SECTION 16 — PROHIBITED USES

You may use our website and Services only for lawful purposes.

You may not use our Services:

  • for unlawful or fraudulent purposes;

  • to violate applicable laws or regulations;

  • to infringe our intellectual-property rights or the rights of others;

  • to harass, threaten, abuse, defame, or harm another person;

  • to transmit malware, viruses, or malicious code;

  • to interfere with the security or operation of our website;

  • to collect personal information about others without authorization;

  • to send spam, phishing communications, or other abusive solicitations;

  • to impersonate another person or entity;

  • to reproduce, scrape, copy, extract, resell, or commercially exploit protected website content;

  • to circumvent security, access controls, robot exclusions, or other technical restrictions;

  • to use automated systems to obtain our artwork or protected content for artificial-intelligence training, machine learning, dataset creation, or commercial reproduction.

We may restrict or terminate access to the Services where we reasonably believe these Terms have been violated.

SECTION 17 — ARTIFICIAL INTELLIGENCE AND AUTOMATED ACCESS

No automated system, artificial-intelligence agent, scraper, crawler, dataset collector, or similar technology may access, copy, download, reproduce, analyze, store, or use our artwork or protected creative content for the purpose of training, fine-tuning, developing, benchmarking, or improving an artificial-intelligence or machine-learning system without our prior written permission.

Nothing in these Terms grants permission to use artwork created by Shelbi Tietjen in an AI training dataset, image-generation system, model-training process, or commercial machine-learning application.

SECTION 18 — TERMINATION

We reserve the right to suspend or terminate access to our Services where reasonably necessary, including where these Terms are violated, unlawful conduct occurs, or security or fraud concerns arise.

Any obligations that by their nature should survive termination—including intellectual-property protections, payment obligations, liability provisions, and governing-law provisions—will continue to apply.

SECTION 19 — DISCLAIMER OF WARRANTIES

To the fullest extent permitted by applicable law, our website and Services are provided on an “as is” and “as available” basis.

We do not guarantee that access to our website will always be uninterrupted, secure, timely, or error-free.

Nothing in these Terms limits any warranty or consumer right that cannot legally be excluded.

SECTION 20 — LIMITATION OF LIABILITY

To the fullest extent permitted by applicable law, Shelbi Tietjen Fine Art will not be liable for indirect, incidental, special, punitive, or consequential damages arising from use of the website or Services.

Nothing in these Terms excludes or limits liability where such exclusion or limitation is prohibited by law.

SECTION 21 — INDEMNIFICATION

To the extent permitted by law, you agree to indemnify and hold harmless Shelbi Tietjen Fine Art and its service providers from claims, damages, losses, liabilities, and reasonable legal expenses arising from your violation of these Terms, applicable law, or the rights of another person or entity.

SECTION 22 — SEVERABILITY

If any portion of these Terms is determined to be unlawful, invalid, or unenforceable, that provision will be enforced to the maximum extent permitted by law and the remaining provisions will remain in effect.

SECTION 23 — WAIVER AND ENTIRE AGREEMENT

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other right.

These Terms, together with our Privacy Policy, Return and Refund Policy, Shipping Policy, and other policies posted on this website, constitute the agreement governing your use of the Services.

SECTION 24 — ASSIGNMENT

You may not assign or transfer your rights or obligations under these Terms without our prior written consent.

Shelbi Tietjen Fine Art may assign or transfer its rights and obligations where permitted by law.

SECTION 25 — GOVERNING LAW

These Terms of Service and any separate agreements through which we provide Services will be governed by the applicable laws of the State of Utah and applicable federal laws of the United States, without regard to conflict-of-law principles.

Nothing in this section limits consumer rights that apply under mandatory law.

SECTION 26 — CHANGES TO THESE TERMS

We may update these Terms of Service from time to time.

The most current version will be posted on this page.

Changes will become effective when posted unless applicable law requires otherwise.

Your continued use of our Services after an update constitutes acceptance of the revised Terms to the extent permitted by law.

SECTION 27 — CONTACT INFORMATION

Questions regarding these Terms of Service may be sent to:

Shelbi Tietjen Fine Art
shelbitietjenfineart@gmail.com

For questions regarding orders, returns, damaged products, or other customer-service matters, please use the contact information available on our website.