Terms & Seller Agreements
This agreement states the terms upon which Distinctive Living Magazine, Inc.'s website https://www.artsyhome.com ("ArtsyHome"), will exhibit, market and sell the work of the Seller ("Seller"), and Seller's commitments to ArtsyHome in consideration thereof.
ArtsyHome exhibits, markets and sells art, crafts and home decor via ArtsyHome's websites, magazines, e-mail, affiliate programs, publications, and other media. ArtsyHome offers a "Commission Studio". ArtsyHome provides Seller with access to the ArtsyHome website, a venue to connect with potential buyers and other features that may include sales and transaction processing services, presence on ArtsyHome's website, eligibility in magazines and online promotions and a money-back guarantee for the work of Seller to customers of ArtsyHome. In consideration thereof, Seller agrees to the following terms and conditions:
Seller Rights & Content
a. "Content" includes the images, graphics, text, software, scripts, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials Seller may view on, access through, or contribute to ArtsyHome.
b. Seller shall be solely responsible for Seller's own Content and the consequences of submitting and publishing Seller's Content on ArtsyHome. Seller affirms, represents, and warrants that Seller owns or has the necessary licenses, rights, consents, and permissions to publish Content Seller submits; and Seller licenses to ArtsyHome all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for publication and marketing pursuant to these Terms.
c. For clarity, Seller retains all of Seller's ownership rights in Seller's Content. However, by submitting Content to ArtsyHome, Seller hereby grants ArtsyHome a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and print the Content in connection with ArtsyHome's services and ArtsyHome's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of our services (and derivative works thereof) in any media formats and through any media channels. Seller also hereby grants each user of ArtsyHome a non-exclusive license to access Seller's Content through our services, and to view and link to such Content as permitted through the functionality of our services and under these Terms. The above licenses granted by Seller in Content Seller submits to ArtsyHome terminate within a commercially reasonable time after Seller removes or deletes Seller's Content from ArtsyHome. Seller understands and agrees, however, that ArtsyHome may retain, but not display, distribute, or print, server copies of Seller's Content that has been removed or deleted. The above licenses granted by Seller in user comments Seller submits are perpetual and irrevocable.
d. Seller further agrees that Content Seller submits to ArtsyHome will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless Seller has permission from the rightful owner of the material or Seller is otherwise legally entitled to post the material and to grant ArtsyHome all of the license rights granted herein.
e. Seller further agrees that Seller will not submit to ArtsyHome any Content or other material that is contrary to these Terms or any guidelines posted on ArtsyHome or contrary to applicable local, national, and international laws and regulations. Any violation in these areas is the Seller's responsibility and Seller will indemnify ArtsyHome for any costs and expenses ArtsyHome may incur arising from such violations (including, without limitation, all attorneys' fees).
f. ArtsyHome does not endorse any Content submitted to ArtsyHome by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and ArtsyHome expressly disclaims any and all liability in connection with Content. ArtsyHome does not permit copyright infringing activities and infringement of intellectual property rights, and ArtsyHome will remove all Content if properly notified that such Content infringes on another's intellectual property rights. ArtsyHome reserves the right to remove Content without prior notice.
Availability of Seller's Work
a. Seller must maintain that all work marketed through ArtsyHome is available for sale as depicted and described and that Seller can meet obligations for shipping all purchased items within established time lines.
b. If an item cannot be produced, if it is changed in appearance or description, or in the case of a one-of-a-kind work, if the item becomes unavailable for sale, the Seller must immediately replace or remove the item.
c. Seller is responsible for following prescribed procedures and utilizing tools provided by ArtsyHome for managing all listed items available for sale, including images and descriptions of work, pricing, and estimated shipping deadlines.
d. The Seller will promptly acknowledge all orders and will notify ArtsyHome if shipment is not possible on or before the Estimated Ship Date.
ArtsyHome offers a 25% upon sale commission plan (Commission Studio).
a. Seller is responsible for setting the retail price and shipping price for his/her work. Seller will receive these amounts plus any shipping fees selected by the customer less 25% commission of the entered retail price. Standard credit card payment (currently PayPal) transaction fees "transaction fees" will also be charged to the Seller. ArtsyHome intends to earn 25% commission on the retail price of all sales while maintaining a consistent retail price with the Seller's own online store or Seller's other online stores. Please consider this when submitting your retail price to ArtsyHome as the retail price featured with us must be the same or less than any other internet listing of the same item. ArtsyHome will list the total sale price which includes the retail price and the shipping price entered by the Seller.
b. Seller is responsible for all costs of his/her work, including packaging for shipment and shipping costs. Retail & Shipping prices should be set accordingly. In the event that an item requires a custom shipping quote, Seller should enter "0" for the Shipping Price and note the Item Description that shipping is not included on this item and for potential buyers to contact ArtsyHome for an accurate shipping quote prior to purchasing the item.
c. Seller may change the retail price of his/her work at any time.
a. ArtsyHome holds payments in escrow for 30 days during the review period to protect buyer and seller. Seller will receive payment 30 days after the buyer receives the order. Payment options are listed on the transaction emails after an order is placed.
b. ArtsyHome permits customers to return items (except for custom orders) as long as ArtsyHome is notified within 30 days of delivery or, for holiday orders, by January 31st following the Holiday season. Seller agrees to accept all returns as authorized by ArtsyHome.
c. Seller agrees to inspect returns promptly. In the event that work is damaged during the return process, Seller should contact ArtsyHome immediately.
d. ArtsyHome will not be held responsible for items damaged in the return process. Seller should provide shipping insurance. If work is damaged by the customer, or damaged in transit because of poor packing by the customer, ArtsyHome will not credit the customer for the return and will pay Seller as soon as the matter is resolved with the customer.
Packaging & Shipping
a. Seller will ship items directly to buyers.
b. ArtsyHome currently does not charge buyers for shipping and handling. The Seller should consider their own shipping, handling and insurance costs when setting their prices with ArtsyHome.
c. Seller is responsible for all costs of his/her work, including packaging for shipment and shipping costs. Retail & Shipping prices should be set accordingly. In the event that an item requires a custom shipping quote, Seller should enter "0" for the Shipping Price and note the Item Description that shipping is not included on this item and for potential buyers to contact ArtsyHome for an accurate shipping quote prior to purchasing the item.
d. ArtsyHome never assumes ownership (title) and risk for Seller's work. In the event of damage in transit to the buyer, the Seller should file a damage claim with their carrier and notify ArtsyHome immediately. If a duplicate or similar item can be shipped to the satisfaction of the buyer, the Seller will be entitled to keep payment received for the sale; otherwise no sale will have occurred. The Seller agrees to refund all payments to buyer or ArtsyHome if appropriate.
e. Seller accepts the responsibility of packaging each item properly, using guidelines of their contracted shipping carriers. If an item is damaged in transit and was not properly packaged, the Seller will NOT be entitled to keep any payments from the sale and will immediately refund payments to buyer or ArtsyHome if appropriate.
Advertising & Promotion
a. ArtsyHome advertises and promotes the work of Sellers in a variety of ways, including permitting other websites to display images or link to ArtsyHome's website, magazines, media advertising, publicity (including press releases and placement of photos in media stories), newsletters, social media and emails or feeds to prospective customers. Seller authorizes ArtsyHome to use, copy, modify, distribute, and publicly display images of Seller and Seller's work, as well as attribute the work to Seller by use of Seller's name, picture, or seller's information.
b. Seller authorizes ArtsyHome to use images of Seller's work in publications that may be offered free or sold to the Trade or Public, and to attribute the work to Seller.
c. Seller agrees to provide digital photography for each item submitted to ArtsyHome and authorizes ArtsyHome to use these images in magazines, books, videos or any other Media ArtsyHome deems appropriate to promote Seller's work.
d. Photography credits will NOT accompany images used for publicity by ArtsyHome.
a. ArtsyHome may choose to feature the work of Sellers in one of ArtsyHome's print magazines.
Communication Between Seller and ArtsyHome
a. ArtsyHome will communicate with the Seller primarily through email and ArtsyHome's website. Seller must maintain an active email address and a computer with Internet access. Seller must learn how to use ArtsyHome's web tools to: receive orders, confirm scheduled ship dates, ship merchandise and to maintain accurate turnaround times.
b. Seller must inform ArtsyHome of any other circumstance that would affect the fulfillment of orders. Wherever possible, Seller should use the communication tools provided by ArtsyHome to notate these circumstances.
Communications with Customers
a. Orders received from customers, and all information about those orders and customers, are the property of ArtsyHome.
b. Commission Studio Sellers will not contact customers directly, for any reason other than to ship the ordered items, unless requested and authorized by ArtsyHome.
a. Seller agrees NOT to pay for or bid on merchant-trademarked keywords and/or brand terms (i.e. ArtsyHome, ArtsyHome.com, DistinctiveLiving.com or any misspellings or reasonable derivations of these terms) on any search engine as part of a paid search or pay per click campaign.
a. Seller's work must comply with all applicable rules and regulations and be safe and fit for the intended use.
b. If Seller uses products or materials known to be hazardous to humans or animals under any circumstance, Seller agrees to notify ArtsyHome so that information can be provided to buyers.
Term & Termination
a. The term of this agreement is perpetual unless superseded by a new contract or terminated by either party with 30-days notice. If Seller's work has been selected for a Magazine, Seller agrees to maintain pricing with ArtsyHome for one month before through one month after the live dates of the Magazine.
b. If a seller does not meet active membership or quality obligations, ArtsyHome retains the right to terminate the contract and remove Seller's work from website, magazines and any other media without notice.
c. The warranty and indemnification provisions shall survive termination with respect to any actions arising from activities prior to the termination.
a. To the extent that either party provides services to the other, the parties are independent contractors. This agreement does not constitute a joint venture or partnership between the parties.
b. Neither party nor its employees or agents are employees or agents of the other party.
c. The Seller is responsible for filing his/her own tax returns and all other requirements normal to an independent businessperson.
d. The validity, construction, and enforcement of this agreement will be determined in accordance with the laws of the state of Pennsylvania, USA, without reference to its conflicts of laws principle.
e. The provisions of this agreement shall be considered severable, so that the invalidity or unenforceability of any provisions will not affect the validity or enforceability of the remaining provisions, provided that no such severability shall be effective if it substantially changes the economic benefit of this agreement to either party.
f. The failure of either party to require the performance of any item or obligation of this agreement, or the waiver by either party of any breach of this agreement, shall not act as a bar to subsequent enforcement of such term of obligation or be deemed a waiver of any subsequent breach.
g. This agreement is the entire agreement between the parties with regard to the subject matter of this agreement, and supersedes and incorporates all prior representations, understandings, or agreements, and may not be modified or amended.
h. ArtsyHome retains the right to edit or reject specific pieces of submitted work, descriptions, or seller statements, in order to maintain standards and awareness.
i. ArtsyHome retains the right to remove the Seller or Seller's work for any reason including not updating contact information, regular submission of new work, submission of quality photographs, or any contract violations.
Terms & Fees
Commission Studio Fees
Seller agrees to pay ArtsyHome a commission of 25% of the Retail Price of the item price upon sale.
Seller agrees to incur the cost of standard credit card or transaction processing fees (PayPal Fees) upon sale of any item. These fees are not set by ArtsyHome and may change at any time. ArtsyHome currently accepts payments via PayPal. Current PayPal fees are 2.9% + $0.30 of the total sales price on any transaction and will be deducted from the amount paid to Seller. For a list of current fees [click here].
ArtsyHome does NOT charge per-item listing fees.
Insertion in ArtsyHome Magazine(s)
Studio items may be selected to appear in an ArtsyHome magazine. ArtsyHome agrees to waive all magazine insertion fees.
Amended February 2017