TERMS OF SERVICE

Last updated: September 29, 2026

These Terms of Service (“Terms”) govern your use of the Seth B. Minkin Fine Art website and any purchases made through it.

The website is operated by Seth B Minkin LLC, doing business as Seth B. Minkin Fine Art (“Seth B. Minkin Fine Art,” “we,” “us,” or “our”). By visiting our website, purchasing artwork or other products, requesting services, or otherwise using the website (collectively, the “Services”), you agree to these Terms and to any policies referenced in them.

Please read these Terms carefully before using the website or placing an order. If you do not agree to these Terms, please do not use the Services.

Our online store is hosted by Shopify Inc., which provides the ecommerce platform through which we offer products and services.

1. USE OF THE WEBSITE

You may use this website only for lawful purposes and in accordance with these Terms.

You may not use the website or its content to violate any applicable law; infringe the intellectual property or other rights of Seth B. Minkin Fine Art or another person; transmit malicious software or code; interfere with the security or operation of the website; collect information about other users without authorization; engage in fraudulent activity; or use automated systems to scrape, copy, reproduce, or commercially exploit website content without our written permission.

We reserve the right to restrict or terminate access to the website when we reasonably believe these Terms have been violated.

2. ARTWORK AND PRODUCT INFORMATION

We make reasonable efforts to describe and photograph artwork accurately, including its dimensions, materials, colors, edition information, framing, and other relevant characteristics.

However, artwork is inherently visual and tactile. Colors and details may appear differently depending on your screen, device, lighting conditions, and display settings. Photographs may not fully convey texture, surface variation, scale, depth, brushwork, materials, or other physical characteristics of a work.

For original and handmade works, variations and irregularities are part of the character of the artwork and are not necessarily defects.

Dimensions listed on the website are intended to be accurate but may be approximate where indicated.

Images showing artwork in interiors or other environments may be used to illustrate approximate scale, presentation, or placement. Unless expressly stated otherwise, furniture, accessories, architectural elements, and other objects shown in such images are not included with the artwork.

If you have questions about a work before purchasing it, please contact us.

3. AVAILABILITY AND ORDER ACCEPTANCE

Original artwork is unique and may be available through the website, studio, galleries, exhibitions, private sales, or other channels. Consequently, availability may occasionally change before the website can be updated.

Placing an order does not necessarily constitute our final acceptance of that order.

We reserve the right to accept, decline, or cancel an order for legitimate reasons, including if an artwork has already been sold, a product is unavailable, pricing or product information contains a material error, payment cannot be verified, or we reasonably suspect fraud or unauthorized resale activity.

If we cancel an order after payment has been received, we will refund amounts paid for the cancelled item.

We may also limit quantities where appropriate, particularly for limited-edition works.

4. PRICING AND PAYMENT

Prices are displayed in the currency indicated on the website and are subject to change without notice.

Unless otherwise stated, prices do not include applicable sales or use taxes, shipping, freight, installation, customs duties, import charges, or other charges that may apply to a transaction.

You agree to provide accurate and current billing, payment, shipping, and contact information.

Payment must be made using an accepted payment method or another payment arrangement expressly agreed to by Seth B. Minkin Fine Art.

For certain high-value works, commissions, trade orders, custom projects, or other transactions, we may offer or require alternative payment arrangements, including check, wire transfer, deposit, or invoice.

Any special payment terms must be agreed to in writing.

5. ORIGINAL ARTWORK

An original artwork identified as a Signature Original, Original, 1-of-1, or similar designation is a unique physical work of art unless expressly stated otherwise.

Purchase of an original artwork transfers ownership of the physical artwork to the purchaser upon completion of the sale and payment of all amounts due.

Ownership of the physical artwork does not transfer copyright or other intellectual property rights in the artwork.

Copyright remains with the artist unless expressly transferred through a separate written agreement signed by the artist or an authorized representative of Seth B. Minkin Fine Art.

6. LIMITED EDITION PRINTS

Limited edition prints are produced in the edition size and format described on the applicable product page.

Where applicable, prints may be signed, numbered, accompanied by documentation, or otherwise identified as part of a limited edition.

Edition numbers do not necessarily correspond to the chronological order in which individual prints were produced or sold.

Artist proofs, printer proofs, exhibition proofs, or other proofs may exist outside the numbered edition where customary or disclosed.

Purchase of a limited-edition print conveys ownership of that particular physical print only. It does not convey copyright, reproduction rights, merchandising rights, licensing rights, or any other intellectual property rights in the underlying artwork.

7. GICLÉE ON CANVAS AND MADE-TO-ORDER WORKS

Certain works, including framed giclée on canvas prints, may be produced or finished after an order is placed.

These works may involve customer-selected dimensions, framing, finishing, or other specifications and therefore may be considered made-to-order or customized products.

Production and delivery estimates are estimates rather than guaranteed completion dates unless we expressly agree otherwise in writing.

Because production may begin shortly after an order is received, cancellation or modification may not be possible once production has begun.

Eligibility for return, cancellation, or exchange is governed by our applicable Return Policy and any product-specific terms disclosed before purchase.

Nothing in these Terms limits any rights you may have under applicable consumer-protection law.

8. COMMISSIONS AND CUSTOM ARTWORK

Commissioned artwork is created specifically for an individual client, location, occasion, or purpose.

Commissions may therefore be governed by a separate proposal, commission agreement, invoice, statement of work, email agreement, or other written terms addressing matters such as dimensions, subject matter, materials, creative direction, price, deposits, payment schedule, estimated completion, revisions, approvals, framing, delivery, installation, cancellation, and other project-specific requirements.

Where project-specific written terms conflict with these general Terms, the project-specific terms will control with respect to that commission.

Unless expressly agreed otherwise in writing, the artist retains creative discretion over the execution and interpretation of commissioned artwork.

Variations inherent in the artistic process are not defects.

Deposits and payments for commissioned work are subject to the cancellation and refund provisions contained in the applicable commission agreement or proposal.

Unless expressly transferred in a signed written agreement, copyright in commissioned artwork remains with the artist even after ownership of the physical artwork transfers to the client.

9. COLLECTOR SERVICES

Seth B. Minkin Fine Art may provide collector services relating to artwork selection, scale, placement, framing, presentation, commissions, delivery, installation, or similar matters.

Recommendations concerning scale, placement, framing, color, presentation, or other aesthetic matters are inherently subjective and are provided as guidance.

Where measurements, installation requirements, structural conditions, building access, or similar physical considerations are relevant, the client is responsible for providing accurate information and for obtaining appropriate professional advice where necessary.

We are not architects, engineers, contractors, or structural professionals, and aesthetic recommendations should not be interpreted as professional advice in those fields.

10. TRADE AND PROFESSIONAL PURCHASES

We may offer services, pricing, or purchasing arrangements to interior designers, architects, art consultants, hospitality firms, corporate clients, galleries, dealers, and other qualified trade professionals.

Participation in a trade program may be subject to separate eligibility requirements and additional terms.

Trade pricing and other professional accommodations are intended for approved trade participants and may not be transferred or shared without our permission.

Additional written terms contained in a trade agreement, proposal, invoice, or other project documentation will apply to the applicable transaction.

11. SHIPPING AND DELIVERY

Shipping and delivery options vary according to the size, value, destination, framing, and physical characteristics of the artwork.

Depending on the work and destination, delivery may be made through parcel carrier, art shipper, freight carrier, local delivery, white-glove delivery, or another appropriate method.

Estimated shipping and delivery dates are not guarantees. Delays may occur because of production schedules, weather, carrier operations, customs processing, destination access, or circumstances outside our reasonable control.

Additional charges may apply to oversized works, special handling, difficult delivery locations, stairs, elevators, restricted access, installation, storage, redelivery, international shipments, or other unusual delivery requirements.

International customers are responsible for customs duties, import taxes, brokerage charges, and other destination-specific charges unless expressly stated otherwise.

Additional information is provided in our Shipping Policy or in transaction-specific delivery arrangements.

12. RECEIVING AND INSPECTING ARTWORK

Please inspect artwork promptly after delivery.

If a package or artwork arrives visibly damaged, photograph the packaging and artwork before discarding any packing materials and contact us as soon as reasonably possible.

Claims involving shipping damage may require photographs, packaging materials, carrier documentation, or other information necessary to pursue a claim with the carrier or insurer.

Do not discard damaged packaging until we advise that it is no longer required.

Rights and remedies relating to damaged or defective merchandise remain subject to applicable law.

13. RETURNS, EXCHANGES AND CANCELLATIONS

Return, exchange, and cancellation eligibility depends on the type of product purchased and is governed by our Return Policy, together with any product-specific terms disclosed before purchase.

Original artwork, standard products, limited editions, made-to-order works, custom-framed works, and commissioned artwork may have different return or cancellation conditions.

Where an item is customized, made to order, or commissioned specifically for a purchaser, returns or cancellations may be restricted once production has begun, to the extent permitted by applicable law.

Please review the applicable Return Policy before placing an order.

Nothing in our policies or these Terms is intended to waive or restrict rights that cannot lawfully be waived or restricted under applicable consumer-protection law.

14. COPYRIGHT AND INTELLECTUAL PROPERTY

All artwork, images, photographs, graphics, designs, text, logos, trademarks, videos, website materials, and other creative content appearing on this website are owned by or licensed to Seth B. Minkin Fine Art and are protected by copyright, trademark, and other intellectual property laws.

Except as permitted by law or expressly authorized by us in writing, you may not reproduce, copy, publish, distribute, modify, sell, license, create derivative works from, commercially exploit, or otherwise use our content.

Purchasing an artwork—whether an original, limited edition, print, commissioned work, or other product—does not transfer copyright in the artwork.

Without prior written authorization, artwork may not be reproduced or used for commercial advertising, merchandise, publishing, licensing, promotional materials, digital products, artificial-intelligence training datasets, NFTs, or other commercial purposes.

Reasonable personal display of purchased artwork is, of course, permitted.

Requests for licensing, publication, reproduction, or other uses should be directed to us.

15. ARTWORK IMAGES AND DOCUMENTATION

Unless otherwise agreed in writing, Seth B. Minkin Fine Art and the artist retain the right to photograph and document artwork and to use images of the artwork for portfolios, archives, exhibitions, publications, websites, social media, marketing, promotion, and other legitimate artistic or business purposes.

For commissioned works, we will make reasonable efforts to respect legitimate confidentiality requirements agreed to in writing before the commission begins.

16. THIRD-PARTY SERVICES AND LINKS

Our website may use or provide access to services operated by third parties, including Shopify, payment processors, shipping providers, social platforms, analytics providers, and other service providers.

Your use of third-party services may also be governed by the terms and policies of those providers.

We may occasionally link to third-party websites for convenience or informational purposes. We do not control those websites and are not responsible for their content, availability, privacy practices, products, or services.

17. PERSONAL INFORMATION

Our collection, use, and disclosure of personal information are governed by our Privacy Policy.

By providing your contact information in connection with an order, inquiry, commission, studio visit, or other service, you authorize us to use that information as reasonably necessary to communicate with you and provide the requested service, subject to our Privacy Policy and applicable law.

Marketing communications are subject to applicable consent and unsubscribe requirements.

18. ERRORS AND CORRECTIONS

Occasionally, information on the website may contain typographical errors, inaccuracies, or omissions relating to artwork descriptions, dimensions, pricing, availability, shipping, delivery estimates, or other information.

We reserve the right to correct errors and update information when appropriate.

If a material error affects an order you have already placed, we may contact you to provide corrected information and, where appropriate, allow the transaction to be cancelled or modified.

19. DISCLAIMER OF WARRANTIES

We endeavor to provide accurate information and high-quality products and services.

However, except for warranties or rights that cannot lawfully be excluded, the website and its content are provided on an “as available” basis, and we do not guarantee that access to the website will always be uninterrupted, secure, or error-free.

Nothing in these Terms excludes, limits, or disclaims any warranty, guarantee, remedy, or other right that cannot lawfully be excluded or limited under applicable law.

20. LIMITATION OF LIABILITY

To the fullest extent permitted by applicable law, Seth B Minkin LLC and its owners, employees, agents, contractors, affiliates, and service providers will not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages arising from your use of the website or Services.

To the fullest extent permitted by applicable law, our aggregate liability arising from a particular purchase or transaction will not exceed the amount paid to us for the product or service giving rise to the claim.

These limitations do not apply where liability cannot legally be excluded or limited, and nothing in these Terms is intended to restrict any non-waivable rights or remedies available under applicable law.

21. INDEMNIFICATION

To the extent permitted by law, you agree to indemnify and hold harmless Seth B Minkin LLC and its owners, employees, agents, contractors, affiliates, and service providers from third-party claims, damages, liabilities, and reasonable costs arising from your unlawful use of the website, your material violation of these Terms, or your infringement of another person’s rights.

22. FORCE MAJEURE

We will not be responsible for delays or failures caused by circumstances beyond our reasonable control, including severe weather, natural disasters, fire, transportation disruptions, carrier delays, labor disputes, governmental actions, supply interruptions, power or telecommunications failures, or similar events.

If such circumstances materially affect an order, we will make reasonable efforts to communicate with you and determine an appropriate resolution.

23. SEVERABILITY

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

24. WAIVER

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

25. ENTIRE AGREEMENT

These Terms, together with our Privacy Policy, Return Policy, Shipping Policy, and any other policies or transaction-specific written agreements incorporated by reference, constitute the agreement governing your use of the website and applicable purchases or Services.

For commissions, trade projects, custom orders, and other transactions governed by a separate written agreement, the specific written agreement will control to the extent that it conflicts with these general Terms.

26. GOVERNING LAW

These Terms and any dispute arising from or relating to them will be governed by the laws of the Commonwealth of Massachusetts, without regard to conflict-of-law principles, except to the extent applicable law requires otherwise.

Nothing in this provision deprives a consumer of protections or rights that cannot lawfully be waived.

27. CHANGES TO THESE TERMS

We may update these Terms from time to time to reflect changes in our Services, business practices, technology, or legal requirements.

The current version will be posted on this page with an updated effective date.

Changes will apply prospectively from the date they become effective, except where applicable law provides otherwise.

28. CONTACT US

Questions about these Terms, an order, or our Services may be directed to:

Seth B. Minkin Fine Art
Seth B Minkin LLC
840 Summer Street
Boston, Massachusetts 02127
United States

Email: seth@sethbminkin.com