Terms of service

Overview

This website is operated by Brush and Pencil, LLC. Throughout these Terms of Service, the words “we,” “us,” and “our” refer to Brush and Pencil, LLC.

By visiting our website, creating an account, or purchasing from us, you agree to these Terms of Service and to all policies referenced here, including our Shipping Policy, Return and Refund Policy, and Privacy Policy.

Please do not use this website or place an order if you do not agree to these terms.

Our online store is hosted by Shopify, which provides the e-commerce platform we use to offer our products. Products purchased through this website are sold by Brush and Pencil, LLC, not by Shopify.

Use of This Website

You may use this website only for lawful personal or business purposes.

You may not:

  • Use the website in a way that violates any law or regulation
  • Interfere with the website’s security or operation
  • Attempt to gain unauthorized access to the website, customer accounts, or connected systems
  • Upload or transmit malicious code, viruses, or harmful material
  • Use false information or impersonate another person
  • Use automated tools to scrape, copy, download, monitor, or collect website content without our written permission

We may restrict or terminate access when we reasonably believe the website is being misused.

Customer Accounts

You are responsible for providing accurate and current account, billing, and shipping information.

You are also responsible for protecting your account password and for activity conducted through your account. Please contact us promptly if you believe your account has been accessed without authorization.

Product Information

We make every reasonable effort to describe and photograph our products accurately.

Because computer screens and devices display color differently, we cannot guarantee that every displayed color will exactly match the physical product.

Specialized art materials may also have minor variations in color, texture, coating, surface appearance, packaging, or other characteristics. Variations that do not prevent a product from performing as intended are not considered defects.

Product descriptions, images, packaging, specifications, availability, and prices may be updated without notice.

Product Availability

All products are subject to availability.

We may limit quantities, discontinue a product, or restrict sales to particular customers, geographic areas, or shipping destinations when reasonably necessary.

Placing an order does not guarantee acceptance or availability. If we cannot fulfill an order after payment has been collected, we will contact you and issue the appropriate refund.

Orders

We reserve the right to refuse, limit, or cancel an order when reasonably necessary, including when:

  • A product is unavailable
  • Pricing or product information contains a material error
  • The order appears fraudulent or unauthorized
  • Payment cannot be verified
  • The shipping address is incomplete or unsupported
  • The quantity ordered appears intended for unauthorized commercial distribution
  • Fulfilling the order would violate a carrier restriction, law, or regulation

If we cancel an order after payment has been collected, the amount charged for the canceled portion will be refunded to the original payment method.

Wholesale orders and retailer relationships may be subject to separate written terms.

Prices, Payment, and Taxes

Prices are displayed in U.S. dollars unless otherwise stated.

Shipping charges, applicable taxes, and other charges will be shown during checkout before the order is submitted.

You agree to provide valid payment information and authorize us and our payment processors to charge the total amount shown at checkout.

We may correct genuine pricing, typographical, or calculation errors. If a material error affects an order you already placed, we will contact you before fulfillment and provide the option to accept the corrected price or cancel the affected item for a refund.

Promotions, Coupons, and Discounts

Promotions, coupons, and discount codes are subject to the terms stated with each offer.

Unless an offer specifically states otherwise:

  • Discounts apply only to eligible merchandise
  • Discounts do not apply to shipping, oversized-package charges, taxes, or other delivery-related costs
  • Offers cannot be combined
  • Discounts cannot be applied retroactively to an earlier purchase
  • Offers have no cash value
  • Free products, samples, and promotional gifts do not count toward minimum-purchase requirements
  • A free-shipping offer applies only when free shipping is expressly included in the promotion

We may correct, suspend, or cancel a promotion affected by an error, misuse, fraud, or unauthorized distribution.

Shipping and Delivery

Order processing, shipping destinations, carriers, shipping charges, free-shipping eligibility, oversized products, delivery issues, and address responsibilities are governed by our Shipping Policy.

Delivery dates provided by carriers are estimates unless expressly stated otherwise.

Returns, Replacements, and Refunds

Because Brush and Pencil products are specialized art materials, all sales are final and we do not accept ordinary returns or exchanges.

Damaged, defective, missing, or incorrectly shipped products are handled according to our Return and Refund Policy.

Customers should review product descriptions, sizes, quantities, and compatibility information carefully before ordering.

Product Use and Safety

Brush and Pencil products are intended for their stated artistic uses.

Customers are responsible for:

  • Reading product labels and instructions before use
  • Following all warnings and recommended safety precautions
  • Using products with appropriate ventilation and protective equipment when required
  • Testing unfamiliar materials or combinations before using them on finished artwork
  • Storing products appropriately and keeping them away from children or pets when indicated

Results can vary according to the surface, materials, application method, environment, experience, and other factors outside our control.

Educational information, demonstrations, and examples are provided for general instructional purposes and do not guarantee identical results.

Digital Products and Educational Materials

Digital downloads, tutorials, written instructions, videos, reference images, and other educational materials are licensed to the purchaser for personal use unless different written terms are provided.

Digital products may not be:

  • Shared with other people
  • Reproduced or redistributed
  • Resold, sublicensed, or uploaded to another platform
  • Used to create competing instructional products
  • Posted publicly or provided through file-sharing services
  • Used for commercial classes or group instruction without written permission

Purchasing digital material does not transfer copyright or ownership.

Due to the nature of digital products, digital purchases are final once access or delivery has been provided, except when the file is defective or inaccessible because of a problem on our end.

Intellectual Property

The website and its contents—including artwork, photographs, product images, videos, text, tutorials, graphics, logos, trademarks, product names, designs, downloads, and educational materials—belong to Brush and Pencil, LLC, Alyona Nickelsen, or the applicable licensors and are protected by intellectual-property laws.

You may view and use website content for ordinary personal shopping and informational purposes.

Without prior written permission, you may not copy, reproduce, republish, modify, distribute, sell, license, publicly display, scrape, data-mine, systematically download, or commercially exploit our content.

You may not use our content, artwork, photographs, writing, or educational materials to train, develop, evaluate, or supply data to an artificial-intelligence or machine-learning system without our express written permission.

Brush and Pencil®, LuxArchival®, and other names, logos, or marks displayed on this website may not be used without authorization.

Third-Party Websites and Services

Our website may contain links to retailers, carriers, payment providers, social-media platforms, or other third parties.

We provide these links for convenience but do not control third-party websites or services. Their products, availability, content, security, privacy practices, and terms are governed by their respective owners.

A link does not necessarily constitute an endorsement, and Brush and Pencil is not responsible for losses caused by a customer’s independent dealings with a third party.

Website Availability

We work to keep the website accurate, secure, and available, but we cannot guarantee uninterrupted or error-free access.

The website may occasionally be unavailable because of maintenance, updates, technical problems, service-provider interruptions, or circumstances outside our reasonable control.

We may modify or discontinue website features without notice.

Disclaimer and Limitation of Liability

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

Brush and Pencil is not responsible for indirect, incidental, special, consequential, or punitive losses arising from use of the website, inability to access the website, unauthorized misuse of an account, or reliance on general educational content.

Nothing in these Terms excludes or limits responsibility that cannot legally be excluded or limited.

Governing Law and Disputes

These Terms and purchases made through this website are governed by the laws of the State of Texas, without regard to conflict-of-law principles, except where applicable law requires otherwise.

Before beginning a formal legal proceeding, please contact us at support@brushandpencil.com so that we have a reasonable opportunity to resolve the matter directly.

Any dispute that cannot be resolved informally will be handled by a court with appropriate jurisdiction serving Montgomery County, Texas, except where applicable law requires another location.

Changes to These Terms

We may update these Terms of Service when our website, products, policies, technology, or legal obligations change.

The current version will be posted on this page. Continued use of the website after an update constitutes acceptance of the revised Terms.

Changes will not retroactively alter an order that was already accepted unless required by law or agreed to by both parties.

Severability

If any portion of these Terms is found to be invalid or unenforceable, that portion will be limited or removed only to the extent necessary. The remaining terms will continue in effect.

Entire Agreement

These Terms of Service, together with our posted policies and any terms presented during checkout, constitute the agreement governing use of this website and purchases from Brush and Pencil.

Contact Us

Questions about these Terms may be sent to:

Brush and Pencil, LLC
Email: support@brushandpencil.com

Mailing address:
6315 FM 1488 RD, STE B #205
Magnolia, TX 77354
United States

We normally respond within 1–2 business days.

Last updated: July 10, 2026