Terms of service

Terms of Service

Effective Date: June 12, 2026

Agreement to Terms

Welcome to TopherStraus.com, operated by Topher Straus Fine Art, LLC ("TSFA," "we," "our," or "us").

By accessing or using this website, purchasing artwork, subscribing to communications, or otherwise interacting with our services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree with these Terms, please do not use our website.

Website Use

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

You agree not to:

  • Violate any applicable laws or regulations.

  • Interfere with the operation or security of the website.

  • Attempt to gain unauthorized access to any portion of the website.

  • Use automated tools, scraping software, bots, or data harvesting technologies without our written consent.

  • Reproduce, distribute, or commercially exploit website content without authorization.

We reserve the right to suspend or terminate access to any user who violates these Terms.

Artwork and Product Information

We strive to accurately display artwork, colors, dimensions, pricing, and availability. However, digital displays vary by device, and actual colors may differ slightly from what appears on screen.

All artwork descriptions, dimensions, pricing, and availability are subject to change without notice.

We reserve the right to discontinue products or limit quantities at our sole discretion.

Orders and Payments

All purchases are subject to acceptance and availability.

Prices are listed in U.S. dollars unless otherwise noted.

Payments are securely processed through Shopify and its payment processing partners. We do not store complete credit card information on our servers.

We reserve the right to refuse or cancel orders for any reason, including pricing errors, suspected fraud, or inventory limitations.

If an order is canceled after payment has been processed, a refund will be issued to the original payment method.

Shipping and Delivery

Delivery dates are estimates only and are not guaranteed.

TSFA is not responsible for delays caused by shipping carriers, weather events, customs processing, labor disruptions, or circumstances beyond our control.

Risk of loss transfers to the purchaser upon delivery to the shipping address provided at checkout.

Customers should inspect all shipments upon arrival and notify us promptly of any damage.

Returns and Refunds

Returns, exchanges, and refunds are subject to our published Return Policy, which may be updated from time to time.

Custom commissions, personalized artwork, and other specially created pieces may not be eligible for return except as required by law.

Limited Editions and Original Artwork

Limited Edition, Special Edition, Collector's Edition, and Original artworks are produced according to the specifications published at the time of sale.

Edition sizes, availability, numbering, pricing, and release schedules may change without notice.

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

Intellectual Property Rights

All artwork, images, photographs, graphics, logos, videos, text, designs, and other content on this website are the property of Topher Straus Fine Art, LLC or its licensors and are protected by copyright, trademark, and other intellectual property laws.

Purchasing artwork does not grant any right to reproduce, publish, distribute, display, create derivative works from, or commercially exploit the artwork.

No artwork, image, or content from this website may be copied, reproduced, distributed, modified, or used without prior written permission.

User Submissions

If you submit reviews, testimonials, comments, photographs, or other content to us, you grant TSFA a non-exclusive, royalty-free, worldwide license to use, display, reproduce, and publish such content for marketing, promotional, and business purposes.

You represent that you own or control all rights necessary to provide such content.

We reserve the right to remove any submitted content at our discretion.

Disclaimer of Warranties

This website and all content are provided on an "as is" and "as available" basis.

To the fullest extent permitted by law, TSFA disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

We do not warrant that the website will operate without interruption or error.

Limitation of Liability

To the fullest extent permitted by law, TSFA shall not be liable for any indirect, incidental, consequential, special, punitive, or exemplary damages arising out of or relating to the use of the website, products, or services.

In no event shall TSFA's total liability exceed the amount paid by the customer for the product giving rise to the claim.

Some jurisdictions do not allow certain limitations of liability, so portions of this section may not apply.

Indemnification

You agree to defend, indemnify, and hold harmless TSFA, its owners, employees, contractors, affiliates, and representatives from any claims, liabilities, damages, costs, and expenses arising from your violation of these Terms or misuse of the website.

Third-Party Services

Our website may contain links to third-party websites or utilize services provided by third parties, including Shopify, Google Analytics, Klaviyo, Meta, payment processors, and shipping providers.

We are not responsible for the content, policies, or practices of third-party services.

Changes to These Terms

We may modify these Terms at any time. Changes become effective when posted on this website.

Your continued use of the website following the posting of changes constitutes acceptance of the revised Terms.

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Colorado, without regard to conflict of law principles.

Any dispute arising under these Terms shall be resolved in the state or federal courts located in Colorado, and you consent to the jurisdiction of those courts.

Contact Information

Topher Straus Fine Art, LLC

Website: www.topherstraus.com

Email: topher@topherstraus.com