Terms of Acquisition

Threshold, Release 001 consists of four compositions:

• Hold
• Break
• Ebb
• Still

Each Work is offered separately and may be acquired independently, subject to availability.

You may acquire any one Work, any combination of two Works, any combination of three Works, or all four Works.

Multiple Works may be acquired together in a single transaction or separately in different transactions, subject in each case to edition availability.

Acquisition of one Work does not require acquisition of any other Work.

The availability or prior acquisition of one or more Works does not guarantee the future availability of any remaining Work or of Threshold — The Suite.

In addition to the individual acquisition of Works, Elle Pea offers Threshold — The Suite as an optional acquisition format comprising all four Works together, as described in Section 05.

Unless expressly stated otherwise in the applicable Work-Specific Disclosure, each composition is presented at 24 × 24 inches as an archival pigment print on Hahnemühle Art Canvas Smooth 370 gsm, finished with satin varnish and presented in a matte black float frame.

Each composition begins with two original source works created by Elle Pea: a photograph of an original fluid artwork created by Elle Pea and original photography created by Elle Pea. These photographic sources are layered and developed through tonal adjustment and color refinement to create the final composition.

The physical Work is an archival pigment print of the completed composition. It is not the original fluid artwork or the original photographic source work.

Each numbered impression is signed by hand by Elle Pea and individually numbered.

Unless expressly stated otherwise in the applicable Work-Specific Disclosure, the authorized edition for each composition consists of:

• 15 Signed and Numbered Impressions
• 0 Unsigned or Unnumbered Impressions
• 2 Artist’s Proofs (A/P) Outside the Numbered Edition
• 17 Total Authorized Impressions

The two Artist’s Proofs are retained by Elle Pea and are not available for acquisition.

The numbered edition, Artist’s Proofs, and all other applicable edition information are documented in the Work-Specific Disclosure and corresponding authentication records.

Elle Pea provides written information concerning each limited-edition Work in accordance with applicable law.

The applicable Work-Specific Disclosure includes, where required, information concerning Elle Pea, signature status, medium and production process, year of production, dimensions, edition structure, number and type of proofs, total authorized production, applicable information concerning the production master, prior editions if any, and other information required for the particular Work.

Required disclosure information will be provided at the time and in the manner required by applicable law.

A prospective purchaser may request the applicable written edition and authenticity information before completing an acquisition by contacting studio@ellepea.art.

Where applicable law requires disclosure before payment or placement of an order following such a request, Elle Pea will provide the required information accordingly.

Each acquired Work is accompanied by a Hahnemühle Certificate of Authenticity completed with the applicable identifying information, together with any supplemental Elle Pea documentation required for the particular Work.

The Certificate of Authenticity uses matching serialized holograms. One serialized hologram is affixed to the Certificate of Authenticity, and the identically numbered counterpart is affixed to the verso of the corresponding Work.

The applicable authentication documentation identifies the Work and relevant information, including Elle Pea, title, year, medium, dimensions, edition information, and serialized authentication information.

Elle Pea maintains corresponding internal edition and authentication records.

Authentication documentation will contain any certification statement required by applicable law.

Any statement or information that applicable law treats as an express warranty will have the effect required by that law notwithstanding any other provision of these Terms.

By placing an order, you represent that you are at least 18 years old or have otherwise reached the legal age required to enter into a binding agreement in your jurisdiction.

You represent that you have legal authority to complete the transaction, are authorized to use the payment method provided, and have supplied complete and accurate billing, delivery, and contact information.

If you acquire a Work on behalf of a company, trust, partnership, collection, or other entity, you represent that you have authority to bind that entity to the transaction.

You may not acquire a Work on behalf of, for the benefit of, or for delivery to a person, entity, jurisdiction, or destination where the transaction would violate applicable sanctions, export controls, import restrictions, or other applicable law.

Elle Pea may request reasonable identity, address, payment, transaction, destination, or other verification where reasonably necessary to prevent fraud, confirm transaction authority, satisfy legal or payment requirements, or determine whether an acquisition may lawfully be completed.

Elle Pea may decline or cancel a transaction where reasonably necessary because of unauthorized payment, suspected fraud, inaccurate or incomplete information, applicable sanctions or legal restrictions, inability to lawfully complete the transaction, material pricing or inventory error, or another legitimate transaction concern.

If a transaction is canceled under this Section after payment has been collected and the applicable Work will not be supplied, the amount paid for that Work will be refunded as required by applicable law.

Submitting an order constitutes an offer to acquire the selected Work or Works subject to these Terms.

An automated acknowledgment that an order has been received does not by itself constitute acceptance of the order or guarantee a particular edition number unless expressly identified as an Order Confirmation.

An acquisition is accepted when payment has been successfully processed and Elle Pea issues or causes to be issued an Order Confirmation, subject to the provisions of these Terms concerning availability, payment clearance, errors, fraud, verification, and lawful fulfillment.

Where more than one Work is acquired in a transaction, each Work remains individually subject to edition availability and allocation.

Edition numbers are allocated according to available edition inventory and Elle Pea’s edition records.

A particular edition number is not guaranteed unless that number has been expressly confirmed in writing by Elle Pea.

Edition numbers function as identifiers within an edition. A lower or higher edition number does not represent a difference in quality, production standard, authenticity, or relative value and does not necessarily indicate the chronological order in which impressions were produced.

Ownership of each physical Work transfers only after both:

1. payment for the applicable Work has been received and cleared in full; and
2. completed delivery of that Work has occurred.

Upon transfer of ownership, Elle Pea will convey good title to the physical Work, free of any lien or security interest created by Elle Pea.

Ownership of a physical Work does not transfer copyright, image rights, reproduction rights, or other intellectual-property rights.

In addition to the ability to acquire the Works separately, Threshold — The Suite may be acquired as a single acquisition comprising all four compositions:

• Hold
• Break
• Ebb
• Still

The Suite is the complete four-Work presentation of Threshold, Release 001.

The Suite is an optional acquisition format. You are not required to acquire The Suite and may instead acquire one, two, three, or all four Works individually.

The Suite is not a fifth composition, does not constitute a separate edition, and does not create additional edition inventory.

One Suite acquisition uses one available numbered impression of Hold, one available numbered impression of Break, one available numbered impression of Ebb, and one available numbered impression of Still from their respective Edition of 15 inventories.

Each Work within The Suite remains independently titled, signed, numbered, documented, and authenticated.

Each of the four Works is accompanied by its own Certificate of Authenticity and corresponding serialized hologram record.

Edition numbers among the four Works comprising The Suite are not guaranteed to match unless matching edition numbers are expressly confirmed in writing before acquisition.

Availability of The Suite is subject to the availability of one numbered impression from each of the four individual editions.

A purchaser who acquires all four Works individually owns the complete group of four Works. However, any Suite-specific acquisition price, terms, documentation, or presentation apply only when Threshold — The Suite is specifically selected and confirmed as the acquisition format, unless Elle Pea expressly agrees otherwise in writing.

Acquisition of one, two, or three individual Works does not create an automatic right to acquire any remaining Work later and does not guarantee future availability of The Suite.

If an inventory or allocation error makes The Suite unavailable, Elle Pea will not substitute a materially different Work or composition without your agreement.

If Elle Pea is unable to fulfill The Suite as confirmed, any cancellation, adjustment, or refund will be handled in accordance with these Terms and applicable law.

The Acquisition Price is the price presented at checkout when the order is submitted, subject to correction of a material error as permitted by applicable law.

Each Work may be individually priced.

Where a specific Acquisition Price is displayed for Threshold — The Suite, that price applies only to acquisition of the complete four-Work Suite as a single confirmed Suite transaction.

A Suite-specific Acquisition Price does not apply retroactively to Works previously acquired individually unless Elle Pea expressly agrees otherwise in writing.

Unless expressly stated otherwise, prices are presented in United States dollars.

If a payment provider or financial institution converts currency, any exchange rate, currency-conversion charge, foreign-transaction charge, or similar fee imposed by that provider or institution is your responsibility.

Payment is due in full at the time of acquisition unless a different written payment arrangement has been expressly agreed by Elle Pea before the transaction.

Payment is considered received only when the applicable payment has been successfully settled and the funds have been received by or for the benefit of Elle Pea.

A payment authorization, pending transfer, or other provisional payment status does not constitute cleared payment.

For certain high-value, international, or higher-risk transactions, Elle Pea may require payment by bank wire or another verified payment method before accepting the acquisition. Any such requirement will be communicated before acceptance.

Where payment is made by bank wire, you are responsible for bank charges or transfer fees imposed on your side of the transaction and must ensure that the full amount due is received, except where applicable law requires otherwise.

If a refund, adjustment, insurance claim, or other legally required calculation must be attributed to an individual Work acquired as part of The Suite, the amount attributed to that Work will be the allocation identified in the applicable Order Confirmation or invoice.

If no individual allocation is identified, the Suite Acquisition Price will be allocated among the four Works proportionately according to their respective individual acquisition prices displayed by Elle Pea at the time The Suite was acquired, together with any applicable tax or delivery amount legally attributable to the affected Work.

Applicable sales tax, use tax, value-added tax, or other transaction tax will be calculated and collected where required.

If a tax legally payable by you is not collected by Elle Pea, you remain responsible for that tax to the extent required by applicable law.

For delivery addresses within the 50 United States and the District of Columbia, complimentary insured standard shipping is included unless expressly stated otherwise before acquisition.

For delivery addresses within the United States, each Work is expected to be received approximately 2–4 weeks after Order Confirmation.

This estimated 2–4 week period includes the time ordinarily required for production, finishing, framing, preparation, shipment, and delivery.

The estimated timeframe assumes that Elle Pea has received cleared payment, complete and accurate delivery information, and any other information reasonably required to fulfill the acquisition.

Where multiple Works are acquired in the same transaction, the Works may be completed or delivered at different times where reasonably necessary.

The 2–4 week period is an estimated delivery window and is not a guaranteed delivery date.

International deliveries may require additional time because of transportation, customs processing, import procedures, or circumstances within the destination jurisdiction.

A delay requested by you, or a delay caused by incomplete or inaccurate information supplied by you, may extend the applicable delivery timeframe.

Production and delivery estimates are made in good faith based on information reasonably available at the time of acquisition.

If Elle Pea determines that an order cannot be shipped within the applicable promised timeframe, Elle Pea will provide the notice, revised timing, opportunity to consent to a delay, cancellation option, or refund required by applicable law.

Nothing in the final-sale provisions of these Terms eliminates a cancellation or refund right that applicable law provides because of an unfulfilled shipment obligation.

Elle Pea may make Works available for delivery outside the United States, subject to destination availability, carrier availability, applicable law, customs requirements, and any restrictions applicable to the particular transaction.

Unless expressly stated otherwise in the applicable Order Confirmation or required by applicable law, you are responsible for acting as the importer of record for an international delivery and for completing or arranging all import and customs formalities required in the destination jurisdiction.

For international delivery, you are responsible for all applicable international transportation charges, specialized packing or crating charges, transit-insurance charges, customs duties, import taxes, value-added taxes, brokerage fees, clearance charges, handling charges, local assessments, and similar amounts unless expressly included in the applicable Order Confirmation.

You are responsible for providing information and documentation reasonably required from you for customs clearance and lawful delivery.

Where required, you are responsible for appointing an appropriate customs representative, broker, or other authorized party to complete import formalities on your behalf.

Elle Pea may provide customary commercial shipping documentation but does not guarantee a particular customs classification, duty rate, tax treatment, customs valuation treatment, or clearance timeframe.

Cross-border shipments may be opened, inspected, examined, delayed, or otherwise handled by customs, border, security, or other governmental authorities.

Customs and government processing times are outside Elle Pea’s reasonable control.

Refusal to accept an international shipment, failure to complete required import procedures, or failure to pay applicable import charges does not create a discretionary cancellation right.

Nothing in this Section limits a mandatory right or remedy provided by applicable law.

Each Work is packaged using methods and materials considered appropriate for limited-edition fine art.

Elle Pea may use common carriers, specialty fine-art logistics providers, freight services, customs brokers, or other shipping professionals considered appropriate to the Work, destination, and circumstances.

For each shipment, Elle Pea will arrange transit insurance covering physical loss or damage during transit with an insured or declared value no less than the Acquisition Price of the Work or Works contained in that shipment, unless a different arrangement is expressly disclosed and agreed in writing.

Transit insurance remains subject to the applicable insurer’s or carrier’s policy terms, conditions, exclusions, documentation requirements, and claims procedures. Nothing in this paragraph transfers transit risk to you before the point otherwise provided in this Section.

Elle Pea may select the carrier, service level, packaging method, shipping provider, and insurance provider unless a different arrangement has been expressly agreed in writing.

Elle Pea will use a delivery service requiring an adult signature or comparable secure recipient verification for delivery. If an adult-signature service is not reasonably available for a particular carrier or destination, Elle Pea may select another secure delivery method reasonably appropriate to the value and destination of the shipment.

You are responsible for providing a delivery address at which the required delivery confirmation can reasonably be completed.

Where two or more Works are acquired in the same transaction, Elle Pea may package and deliver the Works together or in separate shipments where reasonably appropriate for production, protection, handling, security, or transportation.

Separate shipment of Works acquired in the same transaction does not alter their edition status or the underlying acquisition.

Until completed delivery of a particular Work, risk of physical loss or transit damage to that Work remains with Elle Pea except to the extent applicable law provides otherwise.

Delivery is completed when the applicable carrier records the required delivery confirmation at the delivery address supplied or subsequently authorized by you.

Delivery accepted and documented by an adult concierge, doorman, reception desk, mailroom, receiving department, household member, employee, agent, or other person reasonably authorized to accept delivery at the address supplied by you constitutes delivery to you to the extent permitted by applicable law.

After completed delivery, responsibility for the Work passes to you except where applicable law requires a different result.

Requests for unattended delivery, carrier release, or waiver of the applicable delivery-confirmation requirement may be declined by Elle Pea.

You are responsible for providing a complete, accurate, secure, and deliverable delivery address and all other information reasonably necessary to complete delivery.

Any requested address correction should be submitted through ellepea.art or studio@ellepea.art as soon as possible and before shipment.

An address change cannot be guaranteed after a Work has entered the carrier network.

If a shipment is returned, delayed, stored, redirected, or requires additional delivery attempts because of an incorrect or incomplete address supplied by you, refusal of delivery, repeated unsuccessful delivery attempts, failure to complete required customs procedures, failure to provide required information, or another circumstance attributable to you, you may be responsible for reasonable additional shipping, storage, customs, handling, or redelivery costs to the extent permitted by applicable law.

Elle Pea is not responsible for a delay caused by inaccurate or incomplete delivery information supplied by you or by your failure to provide information reasonably required for fulfillment or delivery.

If necessary information reasonably requested by Elle Pea is not supplied within a reasonable period, Elle Pea may delay fulfillment or cancel the affected acquisition and provide any refund required by applicable law.

You must inspect each Work and its packaging promptly following delivery.

Visible transit damage must be reported to Elle Pea in writing through ellepea.art or at studio@ellepea.art within 48 hours after delivery.

Any concealed transit damage that could not reasonably have been identified during the initial inspection must be reported in writing as promptly as reasonably practicable after discovery.

A transit-damage notice should include clear and comprehensive photographs of:

• the exterior shipping packaging;
• the interior packaging and protective materials;
• the shipping label and tracking information;
• the Work;
• the frame; and
• each area of visible damage.

You must retain all original packaging, protective materials, labels, and shipping documentation until Elle Pea confirms that they are no longer required.

If you assert a transit-damage claim, you must not discard packaging, alter the Work, reframe the Work, undertake repairs, or authorize conservation work before Elle Pea or the applicable insurer has had a reasonable opportunity to review the claim, except where immediate action is reasonably necessary to prevent further damage.

You agree to provide reasonable cooperation and documentation required to support a legitimate carrier or insurance claim.

Prompt notice and retention of the original packaging are important to preserving carrier and insurance claims. Failure to provide timely notice or required documentation may prejudice or prevent recovery from a carrier or insurer and, to the extent permitted by applicable law, may affect the remedies available where the delay or omission materially prejudices investigation of the claim.

The 48-hour notice requirement does not eliminate any right or remedy that applicable law does not permit to be waived or limited.

Elle Pea will review a properly documented transit-damage or non-delivery claim and coordinate with the applicable carrier or insurance provider as appropriate.

Depending upon the circumstances, edition availability, insurance requirements, and applicable law, the appropriate remedy may include repair, professional conservation, replacement with an available authorized impression where appropriate, or refund.

Where a transaction includes multiple independently editioned Works and an issue affects only one Work, any remedy may be limited to the affected Work where permitted by applicable law.

For Threshold — The Suite, Elle Pea will also consider whether an issue affecting one Work materially affects the integrity of the complete four-Work Suite and will provide any remedy required by applicable law.

No materially different Work or composition will be substituted without your agreement.

Because each Work offered by Elle Pea is limited-edition fine art and may enter production, finishing, framing, or preparation following acquisition, accepted acquisitions are final for change-of-mind purposes.

Elle Pea does not offer discretionary cancellations, exchanges, returns, or store credits after an Order Confirmation has been issued.

This final-sale policy applies whether the acquisition consists of one individual Work, multiple individual Works, or Threshold — The Suite.

A discretionary return or cancellation is not available solely because you later change your mind, determine that the Work is unsuitable for a particular room or location, prefer another Work, experience a change in personal circumstances, or reconsider the acquisition after acceptance.

This final-sale policy does not eliminate or restrict any right or remedy that cannot lawfully be waived.

This includes, where applicable, rights relating to legally required fine-art disclosures, authenticity information, material nonconformity, verified transit damage, non-delivery, inability to fulfill an order, legally required shipment-delay remedies, or other mandatory consumer protections.

Where California law or another applicable law provides a purchaser with a return or refund right based upon required fine-art disclosure information, that statutory right applies according to its legally required conditions and timeframe notwithstanding the final-sale provisions above.

If you are located in a jurisdiction that provides a mandatory statutory cancellation, cooling-off, withdrawal, return, or refund right that applies to the transaction and cannot lawfully be waived, that right will apply notwithstanding any inconsistent provision of these Terms.

Where a return is authorized by Elle Pea or required by applicable law, you must exercise reasonable care of the Work while it remains in your possession and follow reasonable return, packing, transportation, and insurance instructions supplied by Elle Pea.

Unless necessary to prevent further damage, a Work that is the subject of a return or remedy claim should not be altered, reframed, repaired, conserved, or otherwise materially changed before the claim has been resolved.

Where applicable law conditions a refund upon return of the Work in the condition in which it was received, that condition will apply subject to the damage, defect, or other matter giving rise to the claim.

Any refund will ordinarily be issued through the original payment method where reasonably practicable, unless another method is agreed or required by applicable law.

Each Work is intended to be delivered in the condition and presentation described in the applicable Work information, subject to the characteristics inherent in fine-art production and hand finishing.

Minor variations in canvas texture, framing, finishing, varnish, hand-signing, numbering, or other physical characteristics may occur as part of the production and finishing of a physical fine-art Work.

Such minor variations do not constitute a defect when they fall within Elle Pea’s intended production standard.

Digital images presented through ellepea.art are intended to represent the Works as accurately as reasonably possible.

Color, tonal range, contrast, scale, texture, and surface appearance may nevertheless vary according to monitor calibration, display technology, brightness settings, browser, device, ambient lighting, and other viewing conditions.

Elle Pea does not guarantee that an electronic display will reproduce the appearance of the delivered physical Work with exact color, texture, scale, or tonal equivalence.

Unless expressly stated otherwise in writing, acquisition does not include installation services.

After completed delivery, you are responsible for appropriate handling, hanging, mounting, storage, environmental conditions, maintenance, security, and insurance of the Work.

Fine art should be installed using hardware, methods, and structural support appropriate to the Work and installation surface.

To the fullest extent permitted by applicable law, Elle Pea is not responsible for damage occurring after delivery as a result of improper installation, unsuitable hardware, inadequate structural support, mishandling, moving, third-party handling, improper storage, inappropriate cleaning, excessive moisture, water exposure, humidity, direct sunlight, extreme temperature, impact, accidental damage, pets, children, or comparable post-delivery circumstances not caused by Elle Pea.

Any installer, mover, framer, storage provider, carrier, or other service provider separately selected by you acts independently from Elle Pea unless expressly stated otherwise in writing.

The Certificate of Authenticity, serialized holograms, edition number, applicable Work-Specific Disclosure, and corresponding Elle Pea records form important parts of the authentication and provenance documentation associated with each Work.

You should retain the Certificate of Authenticity and related documentation with the Work and protect those materials from loss, alteration, or damage.

Removal, alteration, destruction, separation, or tampering involving a serialized hologram may interfere with future authentication or provenance verification.

Except where required by applicable law, Elle Pea is not obligated to replace a lost, damaged, altered, or destroyed Certificate of Authenticity, Work-Specific Disclosure, or serialized hologram.

Any future verification or replacement documentation that Elle Pea elects to provide may require reasonable evidence of ownership, physical inspection of the Work, examination of existing records, or other authentication procedures considered appropriate by Elle Pea.

If ownership of a Work is later transferred, Elle Pea recommends that the original Certificate of Authenticity and corresponding authentication documentation accompany the Work so that its provenance can remain connected to the physical Work.

Acquisition transfers ownership of the physical Work only.

Ownership of the physical Work and ownership of copyright or other intellectual-property rights are separate.

All copyright, image rights, reproduction rights, and other intellectual-property rights relating to the composition and its underlying creative material remain with Elle Pea unless expressly transferred through a separate written agreement.

No copyright, reproduction right, licensing right, merchandising right, or other intellectual-property right is transferred merely because ownership of the physical Work is transferred.

You may photograph the physical Work for ordinary personal, insurance, appraisal, provenance, exhibition, collection-management, or legitimate resale purposes.

Without prior written permission from Elle Pea, you may not commercially reproduce, publish as a substitute for the Work, license, merchandise, manufacture products from, tokenize, mint, commercially distribute reproductions of, create derivative commercial products from, or use reproductions of the Work for commercial artificial-intelligence or machine-learning training or development.

Ownership of the physical Work does not authorize use of the image as a trademark, commercial brand asset, product design, advertising asset, or promotional image for an unrelated business.

Elle Pea may continue to photograph, reproduce, publish, exhibit, and display images of the Work for ellepea.art, Elle Pea’s portfolio, archives, press, publications, catalogues, exhibitions, gallery submissions, documentation, scholarship, marketing, and other professional purposes before or after acquisition of the physical Work.

Nothing in this Section requires you to provide access to a private residence or other private premises after delivery.

Nothing in these Terms constitutes a waiver of any attribution, integrity, or similar right applicable law grants to Elle Pea.

Fine art should not be acquired in reliance upon an expectation of financial return.

Elle Pea makes no representation, warranty, or guarantee that a Work will increase in value, maintain a particular market value, achieve a particular resale price, become more valuable because of edition scarcity, obtain institutional recognition, qualify for a particular insurance or appraisal valuation, or produce any financial return.

Future market value, collector demand, auction performance, appraisal results, insurance valuations, and resale conditions are outside Elle Pea’s control.

Information concerning a Work, its process, edition, materials, provenance, or authenticity is not a prediction or guarantee of investment performance.

Elle Pea makes reasonable efforts to present accurate information concerning titles, materials, dimensions, edition information, availability, prices, shipping, and other acquisition details.

Occasional typographical, technical, inventory, pricing, or descriptive errors may nevertheless occur.

Where permitted by applicable law, Elle Pea may correct a material error before shipment.

If a material error, duplicate edition allocation, lack of actual availability, payment problem, or other circumstance makes fulfillment impossible or unlawful, Elle Pea may cancel the affected transaction or affected Work and refund the applicable amount paid.

Where an order contains multiple Works, the inability to fulfill one Work does not automatically require cancellation of independently available Works unless applicable law requires otherwise or the transaction was expressly confirmed as Threshold — The Suite.

Elle Pea will not substitute a materially different Work, composition, or edition number without your agreement.

A later change in the publicly displayed Acquisition Price does not alter the price of a transaction for which an Order Confirmation has already been issued.

Elle Pea is not responsible for delay or failure caused by circumstances beyond Elle Pea’s reasonable control.

Such circumstances may include natural disaster, earthquake, wildfire, flood, severe weather, fire, theft, vandalism, public-health emergency, serious illness or incapacity affecting production, war, terrorism, civil disturbance, government action, customs interruption, embargo, labor disruption, utility failure, material shortage, supplier interruption, production interruption, framing interruption, carrier interruption, transportation accident, shipping disruption, cyber or communications interruption not caused by unlawful conduct by Elle Pea, or comparable circumstances outside reasonable control.

Elle Pea will communicate a material delay as reasonably practicable and will take commercially reasonable steps to reduce its effect where reasonably possible.

This Section does not eliminate any notice, cancellation, refund, or other remedy that applicable law requires when an order cannot be shipped or fulfilled.

Elle Pea may review an acquisition for payment irregularities, unauthorized activity, identity inconsistencies, fraud indicators, sanctions concerns, delivery concerns, or other legitimate transaction risks.

Reasonable additional verification may be required before production or fulfillment proceeds.

If requested verification is not completed within a reasonable time, Elle Pea may delay or cancel the affected acquisition to the extent permitted by applicable law.

If you believe a charge relating to an acquisition is incorrect, you should contact Elle Pea promptly through ellepea.art or at studio@ellepea.art so the transaction can be reviewed.

Elle Pea may use lawful transaction records, checkout acceptance records, payment records, correspondence, Work information, edition records, authentication documentation, carrier information, photographs, and proof of delivery to respond to an improper or bad-faith payment dispute.

Nothing in this Section limits rights concerning genuinely unauthorized transactions, third-party payment fraud, or any payment-dispute right that cannot lawfully be waived.

To the fullest extent permitted by applicable law, Elle Pea will not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages arising from an acquisition, production delay, shipment, delivery, use of ellepea.art in connection with an acquisition, or post-delivery handling of a Work.

To the fullest extent permitted by applicable law, regardless of whether a claim is asserted in contract, tort (including negligence), statute, strict liability, or otherwise, Elle Pea’s aggregate liability arising from or relating to a specific acquisition will not exceed the amount actually paid to Elle Pea for the affected Work or Works.

Where a claim concerns only one Work acquired in a multi-Work transaction, the applicable liability cap may be limited to the amount attributable to that Work where permitted by applicable law.

These limitations do not apply to fraud, willful misconduct, gross negligence where liability cannot lawfully be limited, liability for personal injury that cannot lawfully be limited, legally required fine-art disclosure or authenticity obligations, or any other liability, right, warranty, or remedy that applicable law does not permit to be excluded or limited.

Nothing in this Section reduces Elle Pea’s express obligations concerning good title, authenticity, legally required disclosures, delivery, or remedies expressly provided elsewhere in these Terms.

If a dispute arises concerning these Terms or an acquisition from Elle Pea, the parties must first make a good-faith effort to resolve the matter directly.

Before commencing a civil court proceeding, the party asserting the dispute must provide written notice describing the nature of the dispute, the material facts supporting the dispute, and the relief requested.

Notice to Elle Pea must be sent to studio@ellepea.art.

The parties will allow at least 30 days after receipt of the written dispute notice to attempt an informal resolution, unless immediate action is reasonably necessary or applicable law requires otherwise.

If the dispute has not been resolved through the informal-resolution process, then, before commencing a civil court proceeding, the parties agree to attempt nonbinding mediation to the extent permitted by applicable law.

The mediation may be administered by JAMS or another mutually agreed professional mediation provider.

The mediation may be conducted remotely unless the parties agree to an in-person mediation. If conducted in person, the mediation will take place in Los Angeles County, California, unless the parties agree otherwise.

If the parties cannot agree upon a mediator or mediation provider within 15 days after a written request for mediation, or if mediation cannot reasonably be completed within 45 days after that request, either party may proceed with any otherwise available legal remedy.

Each party will ordinarily bear its own legal or professional fees incurred in mediation, and the mediator’s fees will be shared equally, unless the parties agree otherwise or applicable law requires a different allocation.

The informal-resolution and mediation requirements do not prevent either party from:

• seeking urgent temporary or preliminary injunctive relief;
• bringing an eligible matter in small claims court;
• taking action reasonably necessary to protect evidence or property;
• taking action necessary to prevent a statute of limitations or other filing deadline from expiring; or
• exercising a right that applicable law does not permit to be conditioned on prior mediation.

Except for the circumstances expressly identified above, completion of the informal-resolution and mediation process described in this Section is a condition precedent to commencing a civil court proceeding, to the extent permitted by applicable law.

These Terms and transactions with Elle Pea are governed by the laws of the State of California, without regard to conflict-of-law principles, except where another law must apply and cannot lawfully be displaced.

Subject to any mandatory right that applicable law provides otherwise, the exclusive jurisdiction and venue for any court proceeding arising from or relating to these Terms or an acquisition from Elle Pea will be the state or federal courts having jurisdiction in Los Angeles County, California.

You and Elle Pea consent to the personal jurisdiction of those courts to the fullest extent permitted by applicable law.

Nothing in this Section eliminates a consumer forum, venue, jurisdictional right, public remedy, or other dispute right that applicable law makes mandatory.

These Terms, together with the applicable Work description, Work-Specific Disclosure, Privacy Policy, checkout disclosures, Order Confirmation, invoice, and any transaction-specific written terms presented or agreed before acquisition, form the agreement governing the transaction.

With respect to factual information concerning the identity, edition, medium, authentication, or production of a particular Work, the applicable Work-Specific Disclosure and authentication documentation control.

With respect to the specific Works acquired, price paid, edition allocation, delivery information, and other transaction-specific details, the applicable Order Confirmation and invoice control.

These Terms control with respect to the general contractual provisions governing the acquisition.

Any mandatory provision of applicable law controls over an inconsistent contractual provision.

If a specific written term expressly agreed by Elle Pea for a particular transaction directly conflicts with these Terms, the more specific written term will control for that transaction to the extent permitted by applicable law.

For purposes of these Terms, a communication “in writing” may include email and other electronic written communications where permitted by applicable law.

Your affirmative electronic acceptance of these Terms and related transaction records may be retained and used as evidence of your acceptance to the extent permitted by applicable law.

Notices from Elle Pea concerning an acquisition may be sent to the email address, billing address, or delivery address supplied in connection with the transaction.

You are responsible for keeping your contact information accurate through completion of the acquisition.

No oral statement or informal communication modifies these Terms or an accepted transaction unless the modification is confirmed in writing by Elle Pea. Nothing in this paragraph limits liability for fraud or fraudulent misrepresentation.

A lawful subsequent sale, gift, or other transfer of ownership of the physical Work does not by itself transfer the original purchaser’s contractual rights or obligations under these Terms, except to the extent applicable law provides otherwise.

Nothing in these Terms prevents the lawful transfer of ownership of the physical Work after title has passed.

These Terms are provided in English. Any translation made available is provided for convenience unless applicable law requires otherwise. To the fullest extent permitted by applicable law, the English-language version will control in the event of a conflict between versions.

If any provision of these Terms is determined to be unlawful, invalid, or unenforceable, that provision will be limited or severed only to the minimum extent necessary, and the remaining provisions will continue in effect.

A failure by Elle Pea to enforce a provision on one occasion does not constitute a waiver of that provision or prevent later enforcement.

No person or entity other than you and Elle Pea has a right to enforce these Terms except where applicable law provides otherwise.

Section headings are included for organization and do not alter the meaning of the provisions.

Provisions that by their nature should continue after delivery or completion of a transaction—including provisions relating to authentication records, provenance, intellectual property, payment disputes, liability, and governing law—will continue to apply after completion of the transaction.

Elle Pea may update these Terms prospectively from time to time.

The “Last Updated” date shown at the beginning of this page identifies the current version.

A later version will not retroactively alter the Terms governing a previously completed acquisition unless required by applicable law or expressly agreed in writing.

For acquisition questions, delivery issues, authenticity questions, notices, or other matters relating to these Terms, contact:

Elle Pea
studio@ellepea.art
ellepea.art