The Site is operated by ARTWORKFORSALE.COM, Inc. (“ARTWORKFORSALE.COM”), which reserves the right to make changes to this marketplace seller agreement at any time. Changes to this marketplace seller agreement are effective when the changes are posted to the Site. Continuing to sell items in our marketplace will constitute your agreement to the new marketplace seller agreement. It is your responsibility to review the changes and decide if you want to continue to use our marketplace. Changes to the marketplace seller agreement may occur without notice.
ARTWORKFORSALE.COM provides an online service that allows third-party sellers to sell their products to buyers. ARTWORKFORSALE.COM does not act as the agent for either buyers or sellers. Our service provides a platform for these transactions to take place.
You must log in with an existing account or complete the Site registration process to create an account with a username and password (the “Account”) in order to make full use of selling on the marketplace. You may not share your password with anyone. You must always provide accurate, current and complete information, and you must update such information promptly to maintain its accuracy and completeness. Any use of the Site through your Account will be deemed as being used by you. ArtworkForSale.com is entitled to rely on the contact and other information that is supplied to us through your Account.
CERTIFICATE OF AUTHENTICITY
Sellers must provide a Certificate of Authenticity for any artwork sold on the website when applicable. All Certificates of Authenticity must contain the following information: (a) name of artwork (b) type of artwork (medium) (c) size and dimensions of the artwork (d) date the work was created (e) whether it is an original (f) the artists written signature.
For all items sold through its marketplace, ARTWORKFORSALE.COM charges a thirty-five (35%) fee based on the sale price of the artwork. The artist or seller is responsible and must pay for all shipping and handling. State sales taxes will always be paid by the buyer. These State sales taxes will be computed by ARTWORKFORSALE.COM and added to the price of the artwork. ARTWORKFORSALE.COM will EXCLUDE charging the (35%) fee for any charges that accrue due to shipping and handling and State sales taxes. Fees may change at any time without notice. The Fee in effect on the date of the sale shall govern the transaction. By listing an item for sale in our marketplace you agree to pay the applicable fees and any other collection cost related to the non-payment of fees.
ArtworkForSale.com requires you to provide timely support to the customers of our marketplace; please make sure that all communications are kept in our online messaging center. All messages should be replied to within 24hrs. Please resolve all customer issues related to the ArtworkForSale.com marketplace within 48hrs if possible. You are also required to notify ArtworkForSale.com when you change the status of an order. Changes in status could include but are not limited to: canceling an order, refunding an order or alerting a customer about a missing item from their order. When you mark an item as shipped with tracking or shipped without tracking an automatic email will be sent to the customer alerting them of the status change. Do not contact customers directly unless replying to a question, alerting them of an order status update, or responding to a complaint.
All orders should be shipped to customers within 72 hours (3) days. All orders must reach the Buyer within the quoted time frame of 10 business days (standard shipping) and 3-4 business days (expedited shipping.) Failure to provide shipment notification within 4 days may cause your transaction and any associated payment to be canceled at our sole discretion. As part of this Seller Agreement, you are contracted to adhere to, it is the Seller’s responsibility to deliver the items contained within the order to the Buyer. The Seller waives any ability to win any disputes if they fail to obtain Delivery Confirmation and/or Tracking. Sellers are not allowed to drop ship or sell items they do not physically possess. Failure to ship by the provided date or follow the ArtworkForSale.com Shipping Guidelines may be grounds for termination of your account. Seller is expected to purchase insurance in the amount of the item being shipped.
Sellers cannot list or sell items that: infringe upon intellectual property rights or are illegal, fake, counterfeit, or stolen. Items listed for sale must be listed on the correct item page, and an accurate description of the products description must be given. The accounts of sellers may be limited in a matter that allows them to make a certain amount of transactions within a given time at the sole discretion of ARTWORKFORSALE.COM. Marketplace transactions must take place between two different individuals, organizations or entities. ARTWORKFORSALE.COM reserves the right to refuse service to anyone at any time for any reason.
ARTWORKFORSALE.COM determines which products to offer for sale in the marketplace. Products may be added or removed at any time without notice. Changes to the item detail pages of a product can also take place without notice. The way listings appear in the marketplace may change without notice to users of the marketplace.
Sellers are required to sell items at the price they listed to customers that meet the seller’s terms. By listing an item in our marketplace you agree that you have the right to sell the item, the item is in your possession and that your description provided in your listing is complete and accurate.
After the completed sale occurs sellers will be emailed a link to download the IRS FORM W-9. This form must be completed before any funds can be distributed to the seller. Along with this form sellers are to provide their driver’s license number. This is needed to verify the information. You will also need to provide your bank account number and the routing number of the bank you do business with. We need this information so that we can make payments to you.
ArtworkForSale.com Inc reserves the right to hold all funds in an escrow account for a period of up to forty (40) days from the date of the sale.
No funds will be released to any sellers who fail to provide a W-9.
At the end of this period, ArtWorkForSale.com Inc will segregate all shipping and handling costs paid by the artist and the appropriate amount of State and County taxes paid by the buyer. ArtWorkForSale.com Inc will then deduct the thirty-five 35% fee for doing business on the site. The balance will then be credited to the seller. As a security measure, ArtWorkForSale.com Inc may but is not required to impose transaction limits on some or all sellers relating to the value of any transactions, disbursements, or adjustments during a period of time, or the number of transactions per day or other period of time. ARTWORKFORSALE.COM will not be liable to seller: (1) if we do not proceed with a transaction disbursement or adjustment that would exceed any limit established by us for a security reason, or (2) if we permit a buyer to withdraw from a transaction because of issues involving the account. If ArtWorkForSAle.com reasonable concludes based on information available to us that seller’s actions and/or performance in connection with the Site may result in buyer disputes, chargebacks or other claims, then we may at our sole discretion delay otherwise due to you in connection with this marketplace agreement for the shorter of (a) a period of 90 days following the initial date of suspension, or (b) completion of any investigation (s) regarding any seller actions and/or performance in connection with this marketplace agreement. We will not be liable to the seller if we act in accordance with the provisions of this Section.
As a marketplace facilitator Artworkforsale.com Inc will collect and pay to each state and country the appropriate amount of sales tax associated with each transaction.
If the seller makes more than $600 in any calendar year form 1099-misc will be sent to IRS for compliance.
ArtWorkForSale.com Inc. will accept and process returns and refunds within (10) days of receipt of a purchased item. It is within these (10) days that the buyer, the purchaser must request a return by phone at
561-619-1829 and email to email@example.com and schedule a return. The buyer is expected to purchase Insurance for the amount of the artwork and obtain tracking information and delivery confirmation. At no time will money be refunded to the buyer without his purchase of insurance with a tracking number and delivery confirmation. The painting, sculpture, photograph, or product must then be returned immediately through the same delivery carrier as delivered, must be packaged in the same materials as delivered and the painting or artwork must be in the same condition as was delivered. Upon return receipt of the painting, sculpture, photograph, or product to the artist and upon inspection thereof, if such product is found to be in the exact condition as sent to the buyer, purchaser, a refund will be processed for the cost of the artwork and State and County Taxes only. Return of shipping costs will not be reimbursed to the buyer. The remaining funds will be credited to the card used to make the purchase.
The seller can terminate participation in our marketplace at any time by written notice to ARTWORKFORSALE.COM. ARTWORKFORSALE.COM reserves the right to terminate a user’s participation in the marketplace at any time for any reason at its sole discretion, with or without notice to the user. ARTWORKFORSALE.COM reserves the right to monitor user accounts to determine if policies or laws are being broken. ARTWORKFORSALE.COM reserves the right to remove or edit any content supplied by users. Any illegal or fraudulent activity may be reported to law enforcement or other third parties. Upon termination, the seller must pay ARTWORKFORSALE.COM any fees that were incurred before the effective date of termination, and any pending transactions will be canceled.
ARTWORKFORSALE.COM reserves the right, upon termination, to offset against any payments to be made to the seller, an amount determined by ARTWORKFORSALE.COM to be adequate to cover chargebacks, refunds, adjustments or other amounts paid to buyers in connection with marketplace purchases from seller’s account for a prospective three-month period. At the end of such three-month period following termination, ARTWORKFORSALE.COM will disburse to seller any amount not used to offset chargebacks, refunds, adjustments, or such other amounts paid to buyers, or seek reimbursement from Seller via any of the means authorized in this marketplace agreement for any additional amount required to offset chargebacks, refunds, adjustments, or other amounts paid to buyers, as applicable.
The ARTWORKFORSALE.COM marketplace is provided as is and without warranty. ARTWORKFORSALE.COM makes no warranties of any kind, expressed or implied. We strive to provide our marketplace 24 hours a day 365 days a year, but we do not guaranty our marketplace will always be available. ARTWORKFORSALE.COM will not be liable for any loss due to our marketplace not being available. ARTWORKFORSALE.COM will not be liable for any loss due to errors in our software or the software of others that we use.
RISK OF LOSS
ARTWORKFORSALE.COM may refuse service to anyone for any reason. ARTWORKFORSALE.COM will bear the risk of credit card fraud (i.e., fraudulent purchase arising from the theft and unauthorized use of a third party’s credit card information) occurring in connection with a payment transaction through our marketplace, and the seller will bear all other risk of fraud or loss that are not fulfilled strictly in accordance with the order information and shipping information that we provide you. ARTWORKFORSALE.COM reserves the right to seek reimbursement from the seller if we, in our sole discretion, decide to reimburse the buyer, provide a refund to the buyer if the seller cannot promptly deliver the goods, discover erroneous or duplicate transactions, or receive a chargeback from a buyer’s credit card issuer for the amount of the buyer’s purchase from the seller.
ARTWORKFORSALE.COM may obtain reimbursement of any amounts owed by the seller to ARTWORKFORSALE.COM by deducting from future payments owed to the seller, reversing any credits to the Account, debiting the seller’s PayPal account, or seeking such reimbursement from the seller by any other lawful means. You authorize us to use any or all of the foregoing methods to seek reimbursement, including the debiting of your credit card or checking account.
INDEMNITY/LIMITATION OF LIABILITY
You will defend, indemnify and hold harmless ARTWORKFORSALE.COM and its affiliates (and their respective employees, directors, agents and representatives) from and against any and all claims, costs, losses, damages, judgments, penalties, interest and expenses (including reasonable attorneys’ fees) arising out of any claim, action, audit, investigation, inquiry or other proceeding instituted by a person or entity that arises out of or relates to: (i) any actual or alleged breach of your representations, warranties, or obligations set forth in this marketplace agreement; or (ii) your own website or other sales channels, the products you sell, any content you provide, the advertisement, offer, sale or return of any products you sell, any actual or alleged infringement of any intellectual property or proprietary rights by any products you sell or content you provide, or the collection, payment or failure to collect or pay any taxes.
ARTWORKFORSALE.COM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THIS MARKETPLACE AGREEMENT, THE SITE, THE INABILITY TO USE THE SITE OR THE MARKETPLACE, OR THOSE RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO VIA THE SITE.
Because ARTWORKFORSALE.COM is not directly involved with transactions between buyers and sellers, you agree to release ARTWORKFORSALE.COM from claims, demands, and damages related to transaction disputes. If a dispute arises, buyers and sellers are expected to deal with each other to come to a resolution. At times, ARTWORKFORSALE.COM Customer Service may step in to mediate disputes between Buyers and Sellers on our platform. During mediation, ARTWORKFORSALE.COM Customer Service may apply full or partial refunds to resolve disagreements, any and all refunds are at the discretion of the Customer Service Team.
All claims and disputes arising under or relating to this Agreement are to be settled by binding arbitration in the state of Florida or another location mutually agreeable to the parties. An award of arbitration may be confirmed in a court of competent jurisdiction.
Any claim against ARTWORKFORSALE.COM in relation to our marketplace shall be adjudicated in a court in Palm Beach County, Florida and you agree to exclusive jurisdiction of these courts. This agreement shall be governed by Florida law, without regard to conflict of laws principles thereof.
By agreeing to the marketplace seller agreement, you grant the royalty-free use of any content you submit to us. You represent that you own any content you submit to us, or you have the right to distribute submitted content. You will be responsible for any violation of rights for unauthorized content.
If any section of this agreement is deemed unlawful, void or unenforceable, then that section shall be deemed severable, and the remainder of the agreement will remain in force. Failure to enforce any section of this agreement by ARTWORKFORSALE.COM does not constitute a waiver of ARTWORKFORSALE.COM’s right to enforce such section or any other section in the future.