ARTIST TERMS & CONDITION

(effective January ___ 2016)
1. OVERVIEW
1.1  What are these Supplier Terms about?
These Additional Terms for Suppliers (“Supplier Terms”), together with the policies expressly referred to within, tell you information about ArtPeople Gallery LLC, 26042 Buena Vista Ct, Laguna Hills, CA 92653, United States (“ArtPeople,” “Company,” “we,” or “us”) and the terms that are additional (“Additional Terms”) to those certain Terms of Use: Term & Conditions (“Terms & Conditions”) that form the contract between us and you by which any particular Artpiece (as defined below) may be displayed by you, offered by you for sale, and/or sold by you through the use of any online service location that posts a link to these Supplier Terms and/or to the Terms & Conditions and/or to the features, content, and/or other services that we own, control and/or make available through such online service locations (including but not limited to all subdomains and subdirectories thereof) (collectively, the “Service”). These Supplier Terms are the Additional Terms specific to Suppliers. The Terms & Conditions and these Supplier Terms are collectively referred to as the “Terms”.
If you do not agree to the Terms & Conditions or if you do not agree to these Supplier Terms, you should immediately cease all use of the Service. If you refuse to accept these Supplier Terms or the Terms & Conditions, we will not be able to facilitate the purchase of any Artpiece (as defined below) seen on our Service nor will any of the Terms regarding refunding and/or shipping and/or shipping fees apply to you and/or for you.
You should print a copy of these Supplier Terms and the Terms & Conditions or save them to your computer for future reference for any interaction or transaction involved during the operative period of these Supplier Terms and/or the Terms and Conditions.
These Supplier Terms and the Terms & Conditions set out the contract between you and us and will apply to any contract for the sale of Artpiece (as defined below) by you. When you display any Artpiece for sale on our site you will be selling that Artpiece (as defined below) directly to a Customer (as defined below) on those terms set forth in these Supplier Terms and the Terms & Conditions in addition to whatever other terms and conditions you may arrange as part of your contract with a Customer (as defined below). We are not a party to your contract with a Customer (as defined below); we have our own contract with any Customer by way of the Terms & Conditions.
1.2  Who runs ArtPeople Gallery and ArtPeopleShop.com and how can I get in contact?
The Service is owned and operated by ArtPeople Gallery LLC, 26042 Buena Vista Ct, Laguna Hills, CA 92653, United States. If you have any questions, concerns or complaints, you can email ArtPeople at help@artpeople.com, use the Service’s ‘Contact us’ page or write to ArtPeople Gallery, LLC at the above address.
After receiving any complaint, action will be taken to address the problem. If you contact ArtPeople by mail or by email we will reply by email. If you contact ArtPeople by phone we will aim to resolve the issue immediately. If we need a little time to investigate we will let you know.
1.3  What additional common definitions will be used in these Terms?
Please take the time to familiarize yourself with the following expressions, which will be used throughout this document as explained below:
Supplier / You /  Your
Any person or business entity using the Service to facilitate the supply of an Artpiece to one or more Customers.
Artpiece
Any item displayed at any time on the Service which display utilizes in whole or in part any Supplier Content, including but not limited to items displayed for sale by you.
Listing
The Supplier Content concerning a particular Artpiece that is displayed for sale via the utilization of all or any portion of the Service.
Supplier Content
Any and all content such as, without limitation, guides, sales flyers, text, graphics, logos, images, button icons, audio clips, video, photographs, data, music, software, and other material a Supplier communicates to us and/or is contributed by a Supplier to us and which becomes depicted in any fashion, in whole or in part, on all or any part of the Service and any other information which we may request be provided by you. Because Supplier Content may change or be altered from time to time over time, it is not anticipated that Supplier Content is provided ‘all at once.’ Supplier Content is a subset of User Content under the Terms & Conditions.
Supplier Revenue Share
The monies accounted to a Supplier with respect to an Artpiece sale through the Service.
your account
The monies accounted to a Supplier with respect to all transactions effected in whole or in part through the Service over a given period of time and in accord with the Terms.
Customer / Consumer / Buyer
Any visitor that has visited all or any portion of the Service and subsequently purchases an Artpiece via the Service.
nominated notification email address
The email address you have given us in your Supplier Content as the email address to which email notices should be sent from us to you.
nominated revenue mechanism
The method you have selected for us to use to send you Supplier Revenue Share as given by you in your Supplier Content.
1.4  To whom do these Terms apply?
These Terms form an agreement between you and ArtPeople Gallery LLC. By using this website and/or by displaying any Artpiece for sale and/or making sales through ArtPeople you agree you are a Supplier and are in a contract with us under the terms of these Terms and you further agree to abide by these Terms.
ArtPeople is not directly involved in the transaction of sale between you and a Customer introduced to you through the Service, save in respect of receiving payment from a Customer and remitting to you your Supplier Revenue Share as calculated under these Terms.
Artfinder has no contractual relationship with Customers in respect of the sale of any Artpiece of yours on the Service. We do have a contractual relationship with the Customer in respect of their use of the Service.
1.5  Are there any other policies or terms I should read?
Please note that your general use of the Service as a visitor/user and/or as a buyer, but not as a Supplier, is governed by ArtPeople’s Terms & Conditions only.
ArtPeople has the right to make changes to these Terms at any time, and such changes will be effective immediately upon being posted on the Service. Each time you use the Service, you should review the current Terms.  Your continued use of the Service will indicate your acceptance of the current Terms; however, any material change to these Terms after your last usage of the Service will not be applied retroactively, except as set forth in the next paragraph. Except for such material changes, the Terms that were in effect at the time any claim or dispute arose between you and us will be applied. Email correspondence from you to us regarding any Order of an Artpiece by a Customer shall be deemed a use of the Service.
The Terms in effect when an Order Confirmation, with the Order’s tracking number, is sent by us to the Customer shall govern the Terms in effect for that particular order to and through the later of the expiration of the 14 (fourteen) day cancellation period for the processing of the refunding of the Order for not having been delivered within 30 (thirty) days of the estimate time of arrival given to the Customer. Each Artpiece is considered a separate order for these purposes, regardless of how shipped.
1.6  By which laws are these Terms governed?
These Terms are governed by the laws of the State of California. The Terms are not intended to subject ArtPeople to the laws or jurisdiction of any state, country or territory other than that of the United States. ArtPeople does not represent or warrant that the Service or any part thereof and/or the Terms or any portion thereof is appropriate or available for use in any particular jurisdiction other than the United States. In choosing to agree to the Terms in the manner set forth in the Terms, you do so on your own initiative and at your own risk, and you are responsible for complying with all local laws, rules and regulations. We may limit the Service’s availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion and/or as otherwise provided in the Terms & Conditions.
It is your responsibility to comply with all laws applying to online conduct and admissible content in the locality from which you operate. It is your responsibility to adhere to all applicable tax requirements for sales made to users via the Service and/or under, in whole or in part, these Terms.
2. CONTENT AND ELIGIBILITY
2.1  What requirements must I meet to be eligible to sell utilizing the Service?
You must be over 18 years of age to become a Supplier on the Service.  By accepting these Terms you represent and warrant that you at least 18 years of age.

You additionally warrant that all information you provide to ArtPeople, including but not limited to your name, tax status, and country of residence, is accurate, truthful and kept up to date subject to any change. You agree to immediately notify us of any changes.
2.2  Must I be the creator of the Artpiece I upload?
You warrant and represent that either (i) you are the creator and sole and exclusive owner of each and every Artpiece displayed on the Service for which you have delivered Supplier Content or (ii) you are the are consignor ??????? of such Artpiece and are directly authorized by their creator to enter into the agreement under the Terms.
You additionally warrant that you have obtained all clearances, and acknowledge that you shall be solely responsible for all costs and expenses related to third party rights necessary for display and sale of Artpiece on the Service under the Terms.
2.3  What restrictions apply to the Artpieces I may sell on the Service?
All Artpieces represented for sale on all or any portion of the Service must be one-of-a-kind or limited edition original Artpieces with a maximum edition size of 150. All Artpieces must be signed by their creator or accompanied by a certificate of authenticity signed by their creator.
All impressions sold from a limited edition print run must be assigned numbers in correspondence with the order in which they were produced. The number of each impression must be marked clearly on the Artpiece itself or on its accompanying certificate of authenticity.
2.4  What restrictions apply to the Supplier Content I may deliver to you?
You acknowledge and agree that you are solely responsible for all Supplier Content. You may not deliver Supplier Content or any other materials which we reasonably believe to be:
offensive, including material that incites racial hatred or promotes discrimination;
obscene or pornographic; or
materials which infringe, misappropriate or violate a third party’s patent, copyright, 
 trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity
 or privacy, or result in the violation of any applicable law or regulation.
If you question whether or not any Supplier Content might fall into categories 1 or 2 above, please contact us before sending any such material. We have the right to remove all or any portion of Supplier Content or Artpiece Listings from the Service at any time in our sole discretion.
2.5  How and when is ArtPeople permitted to use my Supplier Content?
By registering and becoming a Supplier and/or delivering Supplier Content you grant ArtPeople a worldwide, non-exclusive, royalty-free, sublicensable right and license to access, view, use, copy, reformat, distribute, publicly display, publicly perform and transmit your Supplier Content via online and physical sales channels (including the Service and third party sites and platforms) in any media now known or not currently known. The prior sentence is to be construed as without limiting in any manner of any language in the Terms & Conditions.
This right and license is solely for the purpose of enabling ArtPeople to use your content for the promotion of the Service. ArtPeople does not claim, and so may not violate, ownership rights in your Supplier Content.
You acknowledge that the only compensation you will receive for such license, if any, will be in the form of the Supplier Revenue Share, payable only upon the sale of an Artpiece through the Service, and as otherwise later set out in this document.
3. YOUR OBLIGATIONS
3.1  Am I responsible for inaccuracies in my Listing?
It is your responsibility to ensure that each and every Listing submitted to us represents the Artpiece offered for sale therein to the highest degree of accuracy possible.
Where inaccurate specifications or materially misleading images are submitted as part of the Supplier Content and based upon which, in whole or in part, any Artpiece sale is made, ArtPeople has the right to debit any costs associated with resulting Customer return requests from your ArtPeople account balance.
3.2  Are there any restrictions in place on how I may price my Artpiece?
The price stated in each of your Artpiece Listings must be a reasonable reflection of the value of the Artpiece offered for Sale, and must be equal to the price set for the same Artpiece on any other channels through which the Artpiece is offered for sale directly or is offered for sale via a consignment.
IF a Customer and/or potential customer, who is a User, locates your Artpiece offered for sale at a lower price either directly by yourself or by an authorized consignee, ArtPeople has the right to adjust the price of the Artpiece on the Service, before or after sale of the Artpiece has been completed, so as to be equal to the lower price, and to then calculate your Supplier Revenue Share for any resulting Sales in accordance with this updated price.
Your specified shipping and handling fees for Artpieces listed on the Service must be an accurate representation of costs incurred in fulfillment of the order. Inflating your shipping and handling fees with a view to avoiding or lessening Artpeople’s commission is strictly prohibited. You agree to provide us, within 30 (thirty) days of a request by us, proof of shipping expenses, via paid receipts, for the request designated period of time prior to the request (not to exceed a full 365 days prior to the date of the request). You agree to provide us, within 30 (thirty) days of a request by us, handling expenses charged on each order for an Artpiece for the request designated period of time prior to the request (not to exceed a full 365 days prior to the date of the request).
3.3  Am I responsible for fulfilling orders placed for Artpieces ordered by a Customer?
It is your sole responsibility to arrange the packaging and shipment of each Artpiece for delivery to any Customer. It is your responsibility to research accurate shipping rates and select a preferred courier prior to listing your Artpiece and prior to providing us Supplier Content. We are not be liable for any losses incurred as a result of inaccurately quoted rates and/or prices.
Artpieces must be, at a minimum, packaged and shipped in accordance with the Packaging and Delivery Guidelines and within the timeframe specified on your Shipping Details page. Where these requirements are not met, ArtPeople has the right to debit any costs associated with resulting customer return or cancellation requests from your account balance. ArtPeople has the right to treat as unfulfilled any orders which have not been marked by you as shipped beyond the expiration of the timeframe specified on your Shipping Details page. You agree to not to mark as shipped by you any order unless you have actually delivered the order to the designated shipping service.
It is your responsibility to comply with all local tax regulations both from the place of origin and at the place of destination with respect to any sales made via the Service, and to include any required documentation or invoices within packages shipped.
4. ARTPEOPLE’S OBLIGATIONS
4.1  How will I be notified of orders placed for my Artpieces through ArtPeople?
When an order has been placed for one of your Artpieces you will receive a order placement notice to your nominated notification email address, inclusive of all details necessary for the dispatch of the Artpiece to the Customer. You are also able to view outstanding and completed orders from your Orders page in your Seller Dashboard.
4.2  How and when does ArtPeople collect payment from a Customer for an order placed for my Artpiece?
You will only receive an order placement notice email once the Customer in question has successfully submitted full payment for settlement. Payment is held securely by ArtPeople in a designated account until expiration of ArtPeople’s returns period as set out in ArtPeople’s then current Customer Returns section found in the Terms & Conditions.
4.3  When will ArtPeople transfer my revenues for Artpieces I have sold to a Customer through the Service?
Your Supplier Revenue Share, as adjusted under these Terms, will be transferred to you via your nominated revenue mechanism on expiration of ArtPeople’s returns period, subject to any required administrative and clearance period and in line with ArtPeople’s then current Payment Schedule.
ArtPeople is entitled to withhold all or any portion of your Supplier Revenue Share for any given sale if there is, or in ArtPeoples’s reasonable opinion is likely to be, a dispute with you or a dispute between you and the Customer, until such dispute is resolved to ArtPeople’s reasonable satisfaction. Any such withheld amount will be allocated to your account.
5. RETURNS AND DISPUTES
5.1  Return & Refund:     Am I obliged to accept requests for the return and refund of an Artpiece ordered through the Service?
By creating Artpiece Listings on the Service, you agree that you are offering and including in your contract for sale of the Artpiece ArtPeople’s current Terms & Conditions which includes a section on Customer Returns with respect to any resulting sale. All returns requests submitted by Customers are received, processed and arranged by ArtPeople. You will receive timely notice via your nominated notification email address of any approved returns requests for an Artpiece you have sold through ArtPeople, as well as a further confirmation email once a collection date and return service has been arranged.
5.2  Cost of Return Shipment:     who is liable for the cost of return shipment of Artpieces under ArtPeople’s return policy?
ArtPeople will pay for the return by courier to your nominated returns address of any Artpieces returned under Artpeople’s Customer Returns policy where the stated reason for the return is that the Customer has changed their mind. ArtPeople does not pay for any transit insurance for return and the risk of loss and/or further damage is on you unless you and ArtPeople otherwise agree in writing.
If any other reason is provided for the return, ArtPeople has the right to investigate and to debit any return shipment costs to your account should it reasonably be believed that the return was a result, in whole or in part, of your failure to follow either the Seller Best Practice Guidelines or the Packaging and Delivery Guidelines or as otherwise allowed under these Terms.
5.3  Transit Damage:     Who is liable for the cost of damage in transit of an Artpiece to a Customer ordered through the Service?
ArtPeople has no liability for damage in transit from you to your Customer of an Artpiece. For these purposes, in transit is considered to be from the time you no longer exclusively possess the Artpiece until the time that the Customer opens the packaging containing the Artpiece.
ArtPeople has no liability for damage in transit from your Customer to you of an Artpiece, no matter how it is arranged for. For these purposes, in transit is considered to be from the time you no longer exclusively possess the Artpiece until the time that you open the packaging containing the Artpiece after it leaves the Customer’s possession.
It is solely your responsibility to ensure that you package your Artpiece sufficiently and ship it via a service that will minimize the likelihood of damage.
You acknowledge that any postage or shipping guidance provided by ArtPeople in the form of help articles or support correspondence or as part of the Terms comes with no guarantee of safe transit if followed.
If you do not secure transit insurance, including but not limited to inland marine coverage, cargo insurance, door-to-door cargo insurance, all-risk cargo insurance and/or other similar or possible insurance, for any Artpiece before shipping it, you do so solely at your own risk.
5.4  Lost in Transit: Who is liable for the cost of Artpieces ordered through the Service but lost in transit?
ArtPeople has no liability for any Artpiece lost in transit on its way to your Customer. If you do not send your Artpiece via a traceable method of shipment and/or if you do not insure your Artpiece, you do so at your own risk and ArtPeople has the right to issue a full and immediate refund to the Customer upon notice to ArtPeople from the Customer of non-delivery within the estimated timeframe.
5.5  Will I be reimbursed for outbound shipping costs for Artpieces returned to me?
Where the stated reason for the return of an Artpiece is solely that the Customer changed their mind, ArtPeople will credit outbound shipping costs to your account in the next available payment run, subject to your production of receipts for costs incurred and ArtPeople’s reasonable satisfaction that Seller Best Practice Guidelines were adhered to with respect to the order in question.
6. FEES AND PAYMENTS
6.1  Are there any upfront fees charged on opening an account on Artfinder?
You may list Artpieces for sale on the Service free of charge but subject to these Terms. When your Artpiece is sold to a Customer introduced to you through ArtPeople, ArtPeople is entitled to charge the commission and fees laid out in the then-current Commision and Fees Policy.
6.2  When is ArtPeople entitled to take commission on a sale of one of my Artpieces?
ArtPeople is entitled to take its commissions and fees on any sale of your Artpiece or Artpieces to any Customer. Any attempts to complete sales or any other monetary transactions initiated on the Service outside of the Service are strictly prohibited, and will result in the suspension or removal of your account and/or all use of the Service. ArtPeople is entitled to take such commissions and fees on any sale after the later of the expiration of the 14 (fourteen) day return period.
In any case where ArtPeople reasonably believes a sale or monetary transaction initiated on the Service has been completed outside of the Service, ArtPeople has the right to debit ArtPeople’s commission from your account accordingly.
6.3  How much revenue will I receive from sales completed through the Service?
ArtPeople takes commission and fees on a percentage basis for sales through the Service, as defined in our Commisson and Fees Policy section set forth below, which is subject to change and incorporated into these Terms by reference if set forth separately from these Supplier Terms. In the event of any change to the Commission and Fees Policy, ArtPeople will provide with at least 14 day’s notice by posting the changes on the site.
Your Supplier Revenue Share for any given order is the total amount paid by the Customer less the total commission, fees and taxes due on the order as defined in our Commision and Fees Policy. Subject to the following sentence, unless otherwise expressly agreed by you, any Service discounts and promotions offered to customers on the Service will be absorbed by ArtPeople in full and not affect in any way your Supplier Revenue Share. The only exception to this is artist-generated discount codes generated by Supplier him/her/itself.
6.4  How will revenues for orders of my Artpieces be transferred to me?
Your Supplier Revenue Share will be transferred to you via your nominated payment method as set out on your Payments page in the next available qualifying pay run in line with our current Payment Schedule unless otherwise provided for under these Terms. It is your responsibility to ensure that a valid and up to date payment method is specified on your Payments page and that all dispatched orders are marked as shipped on your Orders page. Your Supplier Revenue Share for any given order will not be transferred until these requirements have been satisfied with respect to that order.
7. TERMINATION AND ACCOUNT CANCELLATION
7.1  Under what conditions may this agreement be terminated?
ArtPeople may, in its sole discretion, terminate this agreement, access to all or any portion of the Service without notice to you. Upon termination, all rights and obligations will be extinguished other than such rights and obligations which are necessary to process any orders placed by any Customer for an Artpiece for which an Order Confirmation has been sent by ArtPeople to the Customer prior to such termination. Upon termination, all provisions of these Terms which are by their nature intended to survive termination, all representations and warranties, all limitations of liability, and all indemnities shall survive such termination.
7.2  How can I cancel my ArtPeople account?
You may request deletion of your ArtPeople Account from your user settings page. On receiving notice of your cancellation request, we will endeavor to remove your Supplier shop from the Service within 2 business days.
8. FURTHER PROVISIONS
8.1  Liability & Indemnification
ArtPeople is a venue and provides an online marketplace and gallery only.
Any interactions, correspondence, transactions, and other dealings that you have with any third parties found on or through the Service (including on or via Third Party Applications or advertisements) are solely between you and the third party, including without limitation any Customer, [including dealings related to the content of third party advertisements, payments, delivery of goods, warranties (including product warranties), privacy and data security, and the like].  ArtPeople disclaims all liability in connection therewith.
Without limiting the Terms regarding limitation of liability found elsewhere, ArtPeople shall not be liable for any damages of any kind including without limitation, direct, indirect, incidental, punitive and consequential losses (including loss of profits and loss of data) arising out of these Terms or use of the Service, provided that nothing in these Terms shall exclude or limit liability for death or personal injury arising as a result of negligence, fraud or any other liability which may not be, but only to the extent that it may not be, excluded or limited by law.
Without limiting the Terms regarding limitation of liability found elsewhere, ArtPeoples’s total and aggregate liability to you shall in no event exceed the total amounts actually received by you in the current calendar year in connection with the sale of your Artpieces through the Service.
Without limiting the Terms regarding limitation of liability found elsewhere in the Terms and without limiting the Terms regarding indemnification found elsewhere in the Terms, you hereby agree to indemnify, defend, and hold harmless ArtPeople and keep ArtPeople and its group companies, third party sellers, directors, shareholders, members, agents, and employees at all times from and against all actions, proceedings, claims, demands, costs (including, but not limited to, legal costs of ArtPeople), awards and damages however arising as a result of any breach or non-performance by you of any of the undertakings, warranties, representations or obligations under these Terms or otherwise arising from a transaction between you and a Customer or your use of the Service.
8.2  Jurisdiction; Applicable Law; Arbitration; Class Action Waiver.
The obligations provided hereunder by ArtPeople are made in and to be performed in the State of California and is not intended to subject ArtPeople to the laws or jurisdiction of any state, country or territory other than that of the United States. ArtPeople does not represent or warrant that the activities or any part thereof are appropriate or available for use in any particular jurisdiction other than the United States. In choosing to accept these Terms, you do so on your own initiative and at your own risk, and you are responsible for complying with all local laws, rules and regulations. We may limit the our activities under the Terms, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.
Certain portions of this Section are deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act.  You and ArtPeople agree that the parties intend that this Section satisfies the “writing” requirement of the Federal Arbitration Act.  This Section can only be amended by mutual agreement.
If any controversy, allegation, or claim rising out of, related to, or connected in any way, in whole or in part, to the Terms, including but not limited to any use involving or relating in whole or in part to any order of any Artpiece and/or use of the Service, (collectively, “Dispute”), then you agree the Dispute shall be submitted to confidential arbitration in Orange County, California, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the State of California. You agree that all Disputes will be governed by the laws of the State of California without regard to California’s choice of law principles.  You hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of California. Arbitration under these Terms shall be conducted pursuant to the Commercial Arbitration Rules then prevailing at the American Arbitration Association. You hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens or similar concepts under such Commercial Arbitration Rules then prevailing with respect to venue for the arbitration being in Orange County, California. The arbitrator’s award shall be final and binding and may be entered as a judgment in any court or tribunal with jurisdiction over the parties. YOU AND ARTPEOPLE AGREE THAT EACH MAY BRING CLAIMS OR CAUSES OF ACTION ARISING OUT OF, RELATED TO, OR CONNECTED IN ANY WAY WITH THE TERMS IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.  You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected in any way with your use of the Service must be filed within one (1) year after such claim or cause of action arose or be forever banned and/or barred. Any and all claims, judgments, and awards will be limited to actual third-party, out-of-pocket costs incurred (if any), but in no event will attorneys’ fees be awarded or recoverable.
8.3  Export Control
You represent and warrant that no Artpiece for which you provided any Supplier Content is subject to export controls of the U.S.A and/or of the country to which the Consumer is having the Artpiece shipped.  To the extent permissible under applicable domestic laws, no Artpiece may be exported or re-exported or imported (i) into (or to a national or resident of) any country or other jurisdiction to which the U.S.A. has embargoes, or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders, or (iii) to anyone on the U.S. Department of Commerce’s Bureau of Industry and Security Entities List as published in the Export Administration Regulations (including entities engaged in weapons of mass destruction proliferation in various countries and persons and entities that are suspected of diverting U.S. origin items to embargoed countries or terrorist end-uses).  You are responsible for complying with all applicable trade regulations and laws both foreign and domestic.  Except as authorized by law, you agree and warrant not to export or re-export any Artpiece to any county, or to any person, entity, or end-user subject to U.S. export controls or sanctions, including, without limitation, as set forth in subsections (i) – (iii) above.
8.4  General
Save for as expressly referred to in these Terms, these Terms contain the full and complete understanding between the parties and supersedes all prior arrangements and understandings, whether written or oral, pertaining to the subject matter of these Terms.
These Terms shall not be deemed to constitute a partnership, joint venture, contract or relationship of employment between the parties.
Notwithstanding anything to the contrary in the Terms, if a Customer orders from you an Artpiece for delivery to a country outside of the United States, its possessions and/or territories, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. As between you and us, you will be responsible for payment of any such import duties and taxes and for any export duties and/or taxes whether for shipping to the desitination and/or as part of a refund and/or as part of the returns process.

COMMISSION AND FEES POLICY
Commission
ArtPeople takes 30% commission on the initial Retail Price (as set by you, the Supplier) for each Artpiece sold through the Service. ArtPeople’s commission is applied to the price of the Artpiece sold only, and not to your applied shipping charge/rate.

For each Artpiece discounted by you through the ArtPeople’s ‘Sale’ and ‘Make an Offer’ functionalities, the 30% commission will be calculated according to the reduced Retail Price at which the Customer purchases. From 30th January 2016 this will also apply to all Artpieces that are discounted through the use of an ‘Artist-Generated Discount Code’.

Fees from the Transaction Processing Surcharge
Suppliers are surcharged three percent (3%) to cover transaction processing fees. This surcharge is applied to the order total, inclusive of shipping and handling charges and taxes.

Invoicing and Statements
ArtPeople will generate an invoice for each pay run in respect of the commission and fees due for each order which has been dispatched. This will be accessible to download from the ‘Billing’ section of your ArtPeople account. You will receive notice of this by email, along with a scheduled payment date. The total paid by the Customer for the Artpiece (including Artpiece price and shipping) minus the invoice total will then become part of your account and will be remitted to you via your preferred payment mechanism, after adjustments, if any, in accordance with the payment schedule.

SALES Taxes

FILL IN.—- MEAMAR: Who HAS TO collect taxes for sales to California residents and then is responsible for remitting those to the state?

WHO IS RESPONSIBLE FOR ASCERTAINING A Calif. RE-SALE LICENSE???

PLEASE OBTAIN Answers regarding the collection of sales tax for Each of the following situations:

1.    Artist: Does business physically in CA and lives in CA and
    Customer:    located in CA
    ArtPeople collects $ from Customer; ArtPeople in Laguna; Contract for Purchase made:
        “when ArtPeople confirms the Supplier’s acceptance to you by sending you an e-mail that confirms that the Products have been dispatched (“Order Confirmation”). The Contract between the Supplier and you will only be formed when ArtPeople sends the Customer the Order Confirmation.”

2.    Artist: Does business physically in CA BUT DOES NOT live in CA and
    Customer:    located in CA
    ArtPeople collects $ from Customer; ArtPeople in Laguna; Contract for Purchase made:
        “when ArtPeople confirms the Supplier’s acceptance to you by sending you an e-mail that confirms that the Products have been dispatched (“Order Confirmation”). The Contract between the Supplier and you will only be formed when ArtPeople sends the Customer the Order Confirmation.”

3.    Artist: Does NOT physically do business in CA and does NOT live in CA and
    Customer:    located in CA
    ArtPeople collects $ from Customer; ArtPeople in Laguna; Contract for Purchase made:
        “when ArtPeople confirms the Supplier’s acceptance to you by sending you an e-mail that confirms that the Products have been dispatched (“Order Confirmation”). The Contract between the Supplier and you will only be formed when ArtPeople sends the Customer the Order Confirmation.”

4.    Artist: Does NOT do business in CA and does NOT live in CA and
    Customer:    NOT located in CA
    ArtPeople collects $ from Customer; ArtPeople in Laguna; Contract for Purchase made:
        “when ArtPeople confirms the Supplier’s acceptance to you by sending you an e-mail that confirms that the Products have been dispatched (“Order Confirmation”). The Contract between the Supplier and you will only be formed when ArtPeople sends the Customer the Order Confirmation.”
_____________________

5.    Artist: Does business physically in CA and lives in CA and
    Customer:    NOT located in CA
    ArtPeople collects $ from Customer; ArtPeople in Laguna; Contract for Purchase made:
        “when ArtPeople confirms the Supplier’s acceptance to you by sending you an e-mail that confirms that the Products have been dispatched (“Order Confirmation”). The Contract between the Supplier and you will only be formed when ArtPeople sends the Customer the Order Confirmation.”

6.    Artist: Does business physically in CA BUT DOES NOT live in CA and
    Customer:    NOT located in CA
    ArtPeople collects $ from Customer; ArtPeople in Laguna; Contract for Purchase made:
        “when ArtPeople confirms the Supplier’s acceptance to you by sending you an e-mail that confirms that the Products have been dispatched (“Order Confirmation”). The Contract between the Supplier and you will only be formed when ArtPeople sends the Customer the Order Confirmation.”

7. Would the answers to the above be different if the ArtPeople part read as follows:

    ArtPeople collects $ from Customer; ArtPeople in Laguna; Contract for Purchase made:
        “when ArtPeople confirms the Supplier’s acceptance to you by sending you an e-mail that confirms that the Products have been dispatched (“Order Confirmation”). The Contract between the Supplier and you will only be formed when the Supplier has dispatched the Order.”

    1)   
    2)   
    3)   
    4)   
    5)   
    6)   
    7)   

The above is in addition to the questions asked the other day about whether ArtPeople should be reporting as income the full amount charged by a Customer or not and

whether ArtPeople will have to generate 1099’s for all amounts paid to each Artist in any given year (assuming artists are not corporations and obtain the requisite amount of money)

SELLER BEST PRACTICE GUIDELINES
Convert visitors into buyers, then keep them coming back for more by following our seller guidelines to deliver a great shopping experience for ArtPeople users.

Shop maintenance
Only offer for sale through the Service one-off original Artpieces or signed, numbered and limited edition prints.
Only provide Supplier Content for one-off original Artpieces or signed, numbered and limited edition prints to your ArtPeople store
Make sure that all Supplier Content, including but not limited to, all listing details are an accurate reflection of the materials and dimensions of the particular Artpiece.
Upload 3-5 photographs for each listing that gives the best possible feel for the colors and composition of your Artpiece. All photographs should provide a view of the Artpiece free from physical obstructions or digital additions, including watermarks.
Keep your shipping tables up-to-date with quotes that accurately represent your costs. Include duty where applicable and ship with a courier that allows Delivery Duty Paid and use the Delivery Duty Paid service.
Don’t list Artpieces that violate the intellectual property of others.
Keep your prices on ArtPeople consistent with those on other outlets through which you sell.
If you sell an Artpiece listed on the Service via another channel, update your stock to reflect this as soon as possible.

Order fulfillment
Ship Artpieces within your stated turnover time period.
Inform your Customer of any potential delays or difficulties as soon as you become aware of them; send a blind copy of all communications with your Customer to us;
If you are unable to fulfill an order, contact ArtPeople immediately to ensure the Customer receives a refund.
Respond as quickly as possible to any communication received from Customers via the ArtPeople
 messaging system.
Ship all Artpieces via a traceable method of shipment, with duties for international orders prepaid.
Ensure that your Artpieces are packaged sufficiently to withstand potential damage in transit. Please see our Packaging and Delivery Guidelines for more information.

Community participation
Ensure that all interaction with fellow ArtPeople Users is courteous and free from offensive or abusive content.
Keep all communications relevant and do not use the ArtPeople messaging system or forums for spam or mass promotional activity
 Do not attempt to move potential sales offline or to another website, and do not exchange personal contact details over the ArtPeople messaging system or forums.

PACKAGING AND DELIVERY GUIDELINES
Prints
Lower value prints can be shipped rolled in a tube:
Use a sturdy mailing tube over 2mm/.75inch thick and a few inches longer than the width of your poster to avoid denting or damage in transit. Your mailing tube should not be so narrow that it requires rolling the print very tightly as this is likely to cause damage.
Place your print in the center of a soft piece of paper around 30cm/12inch longer than the print lengthwise and equal to the inner length of your mailing tube widthwise, then place tissue paper just larger than the print on all sides on top of the print.
Fold the excess paper beneath the bottom of the print upward and press down so the bottom edge of the print is resting in the fold.
Gently roll the piece upwards to a diameter just smaller than that of your mailing tube.
Carefully insert the rolled print into the tube- the paper you have rolled the print in should fit snugly with the length of the tube to ensure a buffer preventing movement during shipping.
Top the tube with its end cap, and be sure to secure the caps on both ends with sturdy tape to ensure they do not come off during shipment.

Works on paper

We recommend sending higher-value prints and works on paper flat-packed:

Wrap the work in acid free tissue paper. Plastic covering can be used for further protection against moisture.
Create corner protectors for each of the corners of your work: get a square piece of paper/acid free tissue paper, adjust the scale according to the size of your work and fold it in half to create a triangle, then in half again.
Place these on each of the corners of your work, then tape the protectors to a sturdy piece of cardboard or foam core.
Place two or more pieces of firm cardboard on either side of the work and tape both sides together.
Fully wrap the piece in a thick layer of bubble wrap.
Surround the bubble wrap parcel with two pieces of corrugated cardboard to create an outer cover. Ensure that edges of both pieces are securely taped together with no gaps.

Canvas and framed works
Find a box or build a crate with sufficient room to fit the work with 1-2 inches (2.5 to 5cm) of space on each side.
Wrap the work in acid free tissue paper. Plastic covering can be used for further protection against moisture.
Wrap the piece in at least two layers of bubble wrap and secure with tape. Ensure that the corners of the piece are sufficiently padded to withstand damage on impact.
Place foam layers surrounding the piece and include additional packaging material to ensure a snug fit within the box, with no movement possible
We recommend that any particularly valuable, large or fragile pieces be shipped in a custom-made crate.

Delivery
All Artpieces should be sent via a fully traceable and insured method of shipment
For Artpieces being shipped internationally, a service should be used which supports sending packages Delivery Duty Paid, and this option should be selected to ensure that all duty and import tax is billed back to the sender and/or paid for by the sender
All information declared in any accompanying paperwork should be complete and truthful, including the value and purpose of the shipment

ArtPeople Returns Arrangements
ArtPeople will pay for and arrange the return of all Artpieces under ArtPeople’s 14-day return policy for Customers.

We ask for all Artpieces returned by Customers to be prepared in their original packaging for the return journey and will accept no liability for damage sustained on the return leg by Artpieces not packed in line with these guidelines

For editioned Artpieces subject to return requests, ArtPeople has the right to offer replacement printing costs in lieu of arranging return shipment and you will cooperate without charge with ArtPeople to effect the same.

WHAT IS ARTFINDER’S PAYMENT SCHEDULE?

Payments are transferred every fortnight according to the below detailed schedule.

A 3 (three) week gap is maintained between the latest ETA admitted to any payment batch and date of payment of each pay-run to allow for our 2 (two) week returns period to expire for all qualifying orders, plus an additional week for processing, administration and delayed deliveries.

Example of Upcoming schedule
Payment day    Order Placed Between    Shipping ETA
Thursday 7th January    November 30th – December 13th    December 20th
Thursday 21st January    December 14th – December 27th    January 3rd
Thursday 4th February    December 28th – January 10th    January 17th
Thursday 18th February    January 11th – January 24th    January 31st
Thursday 3rd March    January 25th – February 7th    February 14th
Thursday 17th March    February 8th – February 21st    February 28th

Note: We are unable to process payments to Suppliers who have not filled in their payment details in the payment section of their ArtPeople profile. Details must be in place at least three days before the scheduled payment date of a pay run in order to qualify. If the details are not present or not correct, payment will run over until the next payment run.

Fortnightly payment schedule illustration