Terms of Service

Last Updated: January 2026

1. Agreement to Terms

By accessing and using the website www.artbydeeann.com (the "Site") and purchasing or commissioning artwork from DeeAnn Kjelshus ("Artist," "we," "us," "our," or "Company"), you agree to be bound by these Terms of Service. If you do not agree to abide by these terms, please do not use this Site or purchase our artwork. We reserve the right to modify these terms at any time, and your continued use of the Site following modifications constitutes acceptance of the updated terms.

2. Description of Services

We provide the following services:

• Artwork Sales: Sale of finished equine artwork including paintings, sculptures, medallions, ornaments, and customized Breyer models
• Commission Services: Custom sculpture, finishwork, and artistic services
• Newsletter: Email updates about new releases, sales, and promotional offerings
• Website Access: Information about our portfolio, services, and pricing

All artwork is sold and described as-is unless otherwise noted.

3. User Responsibilities

By using our Site, you agree to:

• Provide accurate and complete information when contacting us or making purchases
• Use the Site only for lawful purposes
• Not engage in any conduct that restricts or inhibits use or enjoyment of the Site
• Not upload, post, or transmit any viruses, malware, or harmful content
• Not attempt to gain unauthorized access to our systems
• Respect all intellectual property rights associated with our artwork and website content

4. Intellectual Property Rights

All original artwork, designs, sculptures, images, and content on this Site, including photographs, descriptions, and compilations, are the exclusive property of DeeAnn Kjelshus or used with proper authorization. All rights are reserved. You may not:

• Reproduce, distribute, or transmit any artwork or content without written permission
• Use our images for commercial purposes without consent
• Create derivative works based on our original artwork
• Claim ownership or authorship of our work

For inquiries about licensing or use of artwork images, please contact us directly.

5. Product Information and Accuracy

We strive to ensure all product descriptions and images on our Site are accurate. However, we do not warrant that all descriptions, photographs, pricing, or other content is error-free. We reserve the right to correct any inaccuracies without notice.

Product specifications, materials, and dimensions are provided as-is. Unless specifically described as "new," items may show minimal signs of handling or display.

6. Pricing and Availability

• All prices are displayed in U.S. dollars unless otherwise noted
• Prices are subject to change without notice
• Items are listed on a first-come, first-served basis
• Availability is limited to quantities shown
• We reserve the right to decline any sale or order at our sole discretion

7. Payment Terms and Conditions

7.1 Accepted Payment Methods

We accept payment through:

• PayPal (direct payment or invoice)
• PayPal invoices (credit/debit card accepted)
• Zelle
• Venmo
• Money Orders (USPS)

7.2 Payment Requirements

• Immediate Sales (First-Come, First-Served): Full payment is required within one to two hours of purchase confirmation
• Time Payment Plans: A non-refundable deposit of 25% is required within one to two hours of inquiry to secure your purchase
• Failure to make payment within the specified timeframe will result in the item being made available for sale to other customers
• All sales are final and non-refundable

7.3 Time Payment Plans

• Time payment plans are available for larger ticket items at our discretion
• A 25% non-refundable deposit is required to secure items on payment plans
• Remaining balance must be paid in full before shipment
• Payments must be made at least once per month (every 30 days)
• If a payment is missed without communication, the item will be returned to inventory and all money previously paid will be forfeited
• We are willing to work with buyers experiencing unexpected hardships—communication is essential
• If you have a history of successful transactions with us, we are more likely to approve payment plans

7.4 Payment Information and Security

• All payments are non-refundable unless otherwise specified
• Payment is expected within 24 hours of purchase (for immediate sales)
• An email stating intent to pay is not considered payment
• We use secure payment processing; however, you are responsible for protecting your account information
• For inquiries about PayPal invoices or other payment arrangements, contact us directly

8. Shipping and Delivery

8.1 Shipping Policies

• We ship within the United States
• Some items are marked "PPD" (prepaid/postage paid) within the U.S.; international shipping is always at additional cost
• Shipping costs vary by item and destination
• Shipping details will be specified in each item's sale description
• Items will only be shipped after full payment (including shipping costs) has been received

8.2 Delivery and Risk of Loss

• Tracking information will be provided via PayPal or email upon shipment
• All artwork is packed carefully for safe delivery
• We are not responsible for any damage, loss, or theft that occurs after the item leaves our possession
• Risk of loss transfers to the buyer upon shipment
• Any damage claims must be reported to the shipping carrier immediately upon receipt

8.3 Delivery Timeline

• Delivery timelines depend on current workload, order complexity, and availability
• We will provide estimated timeframes upon order confirmation
• We make reasonable efforts to meet deadlines but cannot guarantee specific delivery dates

9. Refunds and Returns

• All sales are final and non-refundable (deposits included)
• Custom commissioned work is non-refundable once begun
• Deposits are non-refundable even if you change your mind
• We stand behind the quality of our work—if an item arrives damaged due to our packing error, contact us immediately

For damage claims, you must contact the shipping carrier and us within a reasonable timeframe with photographic evidence.

10. Custom Commission and Finishwork Services

10.1 Commission Agreements

• Custom commissions require a detailed agreement specifying scope, timeline, and pricing
• A deposit (typically 25-50% of the total project cost) is required to begin work
• The artist retains creative discretion in executing commissions within agreed parameters
• Major revisions beyond the initial scope may incur additional costs

10.2 Timeline

• Estimated completion timelines will be provided but are not guaranteed
• Artist workload and complexity of the project may affect timelines
• Communication regarding progress will be provided upon request

10.3 Cancellation

• Cancellation of commissioned work must be requested in writing
• If work has been started, you forfeit the deposit and owe payment for work completed
• If work has not been started, you forfeit the deposit

11. Newsletter and Communications

• By subscribing to our newsletter, you agree to receive periodic email updates about new releases, sales, and promotions
• You may unsubscribe at any time by clicking the unsubscribe link in any newsletter email
• We will not share your email address with third parties for marketing purposes
• Unsubscribe requests will be processed within 5-10 business days

12. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW:

• Our Site is provided on an "as-is" and "as-available" basis
• We make no warranties, express or implied, regarding the Site or artwork
• We are not liable for any indirect, incidental, special, or consequential damages arising from your use of the Site or purchase of artwork
• Our total liability is limited to the amount you paid for the specific item or service
• We are not responsible for third-party links or external websites

13. Dispute Resolution

Any disputes arising from your use of the Site or purchase of artwork shall be governed by the laws of [Your State], without regard to conflict of law principles. You agree to resolve any disputes through:

1. Informal Resolution: Good faith negotiation between parties
2. Mediation: If informal resolution fails, both parties agree to submit to non-binding mediation
3. Legal Action: If mediation is unsuccessful, disputes may be resolved in the state or federal courts located in [Your State]

14. Disclaimer of Warranties

We make no warranty that:

• The Site will meet your specific requirements
• The Site will be uninterrupted, timely, or error-free
• Any defects in the Site will be corrected
• The Site is free from viruses or other harmful components

15. Third-Party Links and Content

Our Site may contain links to third-party websites and social media platforms. We are not responsible for:

• The content, accuracy, or practices of linked websites
• Any transactions or interactions with third parties
• Any loss or damage resulting from your use of third-party sites

We encourage you to review the terms and privacy policies of any third-party site before providing information or making purchases.

16. User-Generated Content and Comments

If you submit any comments, reviews, or feedback regarding our artwork or services:

• You grant us a non-exclusive, royalty-free license to use such content
• You represent that you own or have the right to grant these rights
• We may publish, edit, or remove any content at our discretion
• You are solely responsible for any content you submit

17. Severability

If any provision of these Terms of Service is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect, and the invalid provision shall be modified to the minimum extent necessary to make it valid.

18. Entire Agreement

These Terms of Service, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and us regarding your use of the Site and purchase of artwork. These terms supersede all previous agreements, understandings, and negotiations.

19. Modifications to Terms

We reserve the right to modify these Terms of Service at any time. Material changes will be posted on this page with an updated "Last Updated" date. Your continued use of the Site after modifications constitutes acceptance of the updated terms.

20. Contact Information

If you have questions about these Terms of Service, wish to report a violation, or need to contact us regarding a transaction, please reach out:

DeeAnn Kjelshus - Equine Artist
Email: deeann@artbydeeann.com
Website: www.artbydeeann.com
Contact Form: [Link to Contact Page]

21. Governing Law

These Terms of Service are governed by and construed in accordance with the laws of the State of [Your State], without regard to its conflict of law principles. You irrevocably submit to the exclusive jurisdiction of the courts located in [Your State].