Terms of service

These Terms of Service govern your use of your email and purchases from Magick Brush, a sub-brand of Erin D’Elia. By visiting the website, placing an order, contacting us, or using the shop, you agree to these Terms.

1. Store identity

Magick Brush is a fine art and photography shop by Erin D’Elia. Customer service, order communications, email updates, and related brand communications may come from Erin D’Elia or the Erin D’Elia brand family.

2. Products

Magick Brush offers fine art, photography, prints, limited collections, and related creative products. Products may be made to order through production partners. Product availability, materials, sizes, finishes, frames, prices, and timelines may change without notice.

3. Product images and color

We do our best to represent artwork accurately. However, colors, brightness, contrast, crop, scale, texture, and finish may appear different depending on your screen, device settings, lighting, and chosen product format. Minor differences are not considered defects.

4. Orders and acceptance

An order confirmation means we received your order. It does not guarantee acceptance if there is a payment issue, fraud concern, product configuration issue, pricing error, shipping restriction, or production issue. We may cancel or refuse an order when necessary and will issue any applicable refund.

5. Cancellations, refunds, returns, and shipping

Cancellations, refunds, returns, damaged items, and shipping are governed by the shop policies posted on this website. Because most artwork is made to order, cancellation windows are limited and general returns are not accepted once production is locked.

6. Intellectual property

All artwork, photography, images, product images, collection names, written descriptions, designs, graphics, logos, branding, and website content are owned by Erin D’Elia, Magick Brush, or the applicable rights holder and are protected by copyright, trademark, and other intellectual property laws.

Purchasing an artwork or product gives you ownership of the physical item you purchased for personal display. It does not transfer copyright, commercial rights, reproduction rights, licensing rights, resale rights to the image itself, or the right to claim the artwork as your own.

7. Prohibited uses of artwork

Without prior written permission, you may not:

  • copy, scan, photograph, reproduce, print, publish, upload, distribute, or sell the artwork or imagery;
  • alter, edit, remix, crop, recolor, filter, or create derivative works from the artwork for public, commercial, or resale use;
  • use the artwork in logos, branding, marketing, advertising, merchandise, publications, websites, social media campaigns, products, or commercial spaces beyond normal personal display;
  • mint, tokenize, sell, or use the artwork as or in connection with NFTs, blockchain assets, digital collectibles, or similar technologies;
  • use the artwork to train, fine-tune, prompt, test, or develop AI systems, machine learning models, datasets, image generators, or similar technologies;
  • remove signatures, watermarks, labels, metadata, copyright notices, or artist attribution;
  • claim, imply, or represent that you created the artwork or own the copyright.

8. Personal display and sharing

You may display the purchased physical artwork in your home, office, studio, or personal space. You may share reasonable photos of the artwork in your space on social media, provided the post does not imply that you created the artwork and, when practical, credits Magick Brush or Erin D’Elia.

9. Limited releases and availability

Limited collections, editions, special releases, and signature pieces may be available for a limited time or in limited quantities. We may remove, retire, change, or re-release products at our discretion unless a specific written edition limitation states otherwise.

10. Customer content

If you send reviews, photos, testimonials, messages, or other content, you grant us permission to use, repost, share, or quote that content for customer service, marketing, social media, website, and promotional purposes, unless you clearly tell us otherwise in writing. We will not intentionally publish private order details such as your address or payment information.

11. Website use

You agree not to misuse the website, interfere with its security or operation, attempt unauthorized access, use the website for unlawful purposes, or violate the rights of Magick Brush, Erin D’Elia, customers, artists, partners, or third parties.

12. Third-party services

The shop may rely on third-party services such as Shopify, payment processors, production partners, shipping carriers, analytics tools, email platforms, and other technology providers. Those services may have their own terms and privacy practices.

13. Disclaimers

The website and products are provided as available. We do not promise that the website will be uninterrupted, error-free, or free of harmful components. To the fullest extent permitted by law, we disclaim warranties not expressly stated in these Terms or required by law.

14. Limitation of liability

To the fullest extent permitted by law, Magick Brush, Erin D’Elia, and related parties will not be liable for indirect, incidental, special, consequential, punitive, or exemplary damages arising from your use of the

website, purchase of products, shipping delays, product availability, or inability to use the website or products.

15. Indemnification

You agree to hold Magick Brush, Erin D’Elia, and related parties harmless from claims, damages, liabilities, losses, costs, and expenses arising from your violation of these Terms, misuse of the website or products, infringement of intellectual property rights, or unlawful conduct.

16. Governing law

These Terms are governed by the laws of [insert governing law/state], without regard to conflict of law principles, unless applicable consumer protection laws require otherwise.

17. Changes to these Terms

We may update these Terms from time to time. The updated version will be posted on this page with a new “Last updated” date. Continued use of the website after updates means you accept the updated Terms.

18. Contact

Questions about these Terms can be sent to magickbrush@gmail.com