ARTISAN-VENDOR TERMS & CONDITIONS
This agreement dictates the terms upon which American Artisans, LLC ("American Artisans"), will display, market and sell the work of the vendor ("Artisan"), and Artisan's commitments to American Artisans in consideration thereof. American Artisans displays, markets and sells the art and other creations of Artisans using the American Artisans website, newsletter, publications, etc. American Artisans provides Artisan with sales and payment processing services, a presence on American Artisans website, and other marketing and advertising. American Artisans maintains high quality standards utilizing a curated application process overseen by a team of qualified vettors. Artisan agrees to the following terms and conditions:
a) American Artisans reserves the right to reject any Artisan application or product for any reason as determined by the vetting team's sole discretion. This includes the right to require the editing of product descriptions and photographs, Artisan profile text or images, etc. in order to ensure the highest quality Artisans and products being presented.
b) American Artisans retains the right to terminate the Artisan or remove the Artisan's work if Artisan violates any of the stipulations specified below.
c) American Artisans reserves the right to review an Artisan's account at any time and without notice. Additionally, American Artisans reserves the right to remove content which is deemed to be inappropriate or that could subject American Artisans to legal action.
2) Listing and Selling
a) Artisan warrants that the products that they intend to sell on American Artisans are described accurately and completely. They must guarantee the condition of the item, and may not misrepresent the item in any way.
i) All items actively listed on the website must be available for sale
ii) If an item cannot be produced, if it has changed in appearance or description, or if the item becomes unavailable for sale, Artisan must immediately remove or disable the listing.
iii) Artisan is responsible for following prescribed procedures and utilizing tools provided by American Artisans for managing all listings, including: product descriptions, images, pricing, and estimated shipping times.
iv) Upon a successful order, Artisan will promptly process and ship the item(s) within the "ships within" time frame noted in the product listing(s). If, for some reason this is not possible, Artisan will immediately notify American Artisans.
v) Artisan agrees to maintain an active business and must inform American Artisans in the case of illness, planned travel, or any other circumstance that would affect the fulfillment of orders.
b) Artisan agrees to abide by American Artisans photography guidelines and standards as described on the product submission page.
c) Artisans selling ingestible products such as food, beverages, pet snacks, etc, are required to produce their items in a certified commercial kitchen. Artisans must also be licensed to produce these items for resale in their state by whichever state organization regulates that. Additionally, the products must be packaged with appropriate labels, as determined by that organization. Finally, Artisans are required to be insured and list American Artisans as an additional insured on their certificates of liability. Artisans will indemnify and hold American Artisans from any disputes and lawsuits arising from Artisan's negligence in following regulations and improper creation/packaging that lead to contamination or other issues.
d) Artisans may only list products they are legally able to sell and must hold all intellectual property rights to said product submissions.
i) Intellectual property rights include all copyrights, trademarks, trade names, service marks, trade dress moral rights, rights of privacy or publicity, patents, rights of attribution, or any other intellectual property rights of any other person relating to the products offered through American Artisans.
ii) Artisan must hold all publication rights as secured from the photographer of Artisan's images provided to American Artisans for marketing Artisan's work.
iii) The works that Artisan offers for sale through American Artisans must not violate any law or regulation.
iv) Any items that do not meet this criterion will be removed at American Artisans discretion and the Artisan's account will be evaluated for possible termination. Any violation in these areas is the Artisan's responsibility and Artisan will indemnify American Artisans for any costs and expenses American Artisans may incur arising from such violations (including, without limitation, all attorneys' fees).
a) Artisan is responsible for setting the retail price for his/her work.
i) Artisan may change the retail price of their products or set a temporary discount price at any time.
ii) Artisan is responsible for setting the fixed shipping charge for each product.
iii) From time to time, American Artisans engages in promotions in which Artisan's work may be discounted. These discounts will not affect the amount Artisan will receive, unless agreed upon beforehand.
4) Packaging & Shipping
a) All products are to be shipped within the time frame included on the product listing page.
b) Artisan accepts the responsibility of packaging each item properly.
c) In order to present a professional look and presence to the customer, Artisan agrees to use only new packaging materials, labels, package inserts, and other materials provided and specified by American Artisans.
d) Once shipped, Artisan will update the order in their management portal by adding the tracking number and any other relevant shipping information, as well as changing the order's status to "Shipped" once all of the items in the order have been sent.
a) American Artisans charges a commission on all completed sales transactions, at a rate of 20%, 15% or other% agreed upon per Vendor Pan on the gross product amount, unless otherwise stated. Gross product amount is defined as the total price of the product(s) in the order and does not include other charges such as shipping and sales tax.
b) Artisan will receive payment for sales after the funds are cleared from our processing service. We use PayPal Adaptive to automatically payout to our vendors. You simply have to enter the email you have connected to your PayPal account and it will be deposited for you. If you do not use PayPal and would like to arrange different payment method, please contact us. If an item is returned it is the full responsibility of the Vendor to take care of the customer to replace or contact us to work out refund.
c) Should a customer notify American Artisans of a return or dispute, payment will be held until the matter has been resolved.
d) American Artisans reserves the right to delay payment for items at a higher price point or those deemed to be at an elevated risk for a charge back.
a) American Artisans permits customers to return items as long as American Artisans is notified within 14 days of delivery. However, American Artisans reserves the right to extend the return period for special circumstances. There are no returns for any custom orders, except in the case where the item was not delivered as represented.
b) American Artisans has the final say in whether to approve or deny a return or exchange and Artisan agrees to accept all returns as authorized by American Artisans.
c) Artisan agrees to inspect a return within 3 days of receiving it.
d) Should an item be damaged in transit to the customer, American Artisans will issue a refund to the customer. Artisan must seek recovery through the damage claim process with the shipping carrier. If damage is due to Artisan's improper packing of the item, Artisan will be responsible for any losses incurred.
e) In the event that the product is damaged during the return process, Artisan will save all packing materials for inspection by the shipping carrier. The customer will file a damage claim with the shipping carrier.
i) If the damage was due to the fault of the shipping carrier, the return will be canceled and customer will seek a refund through the claim process with the shipping carrier.
ii) If the item is damaged by the customer or damaged in transit because of poor packing by the customer, the return will be canceled, customer will be responsible for any losses incurred, and American Artisan will pay Artisan for a completed transaction.
7) Marketing & Advertising
a) Artisan authorizes American Artisan to use, copy, and modify any images or text uploaded to the website, including but not limited to product photos, work examples, process photos, logos, and personal/headshot photos in catalogs, blog posts, videos, press releases, marketing materials, or any other media American Artisans deems appropriate to promote Artisan's work or American Artisans.
b) Photography credits will not accompany images used for publicity by American Artisans.
8) Communication with Customers
a) Orders received from customers, and all information about those orders and customers, are the property of American Artisans. Artisan will not solicit customers of American Artisans to purchase directly from Artisan.
b) To preserve customer privacy rights, Artisan will not contact customers directly, for any reason other than to ship the ordered items, unless requested and authorized by American Artisans.
c) Artisan agrees NOT to insert any of Artisan's own advertising materials containing Artisan's contact information in any order to customers of American Artisans. Resumes, bios, or Artisan's materials that do not include contact information may be included in packaging.
9) Term & Termination
a) The term of this agreement shall continue as long as Artisan has an active vendor account on Arteeni.com. Artisan may terminate this agreement at any time and for any reason by removing all product listings and notifying American Artisans via our contact form. However, the provisions and obligations of this agreement will survive termination indefinitely.
10) Intellectual Property
a) All domains, graphics, images, photography, copy, text, video, and audio, including buttons, headers, links, footers and site themes created by American Artisans, American Artisans staff, or contractors of American Artisans are considered the trade dress of American-Artisans.com. Any and all data aforementioned is copyrighted and may not be used without the express written permission of American Artisans or its officers.
b) Artisan agrees not to pay for or bid on American Artisans trademarked keywords and/or brand terms, such as American Artisans, American-Artisans.com, American Artisans .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.
c) Any and all content uploaded to the site including text, images, reviews, and posts retains the original copyright of Artisan. By accessing the site and uploading content, Artisan agrees to grant American Artisans the worldwide non-exclusive right to republish said content for the purposes of promoting or providing benefit to American Artisans, Artisan, and overall the community of Artisans. This license extends to the reasonable lifetime of any promotional tool.
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 Artisan is responsible for filing his/her own tax returns and all other requirements standard to an independent businessperson.
d) 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.
e) 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.
f) This agreement is the entire agreement between the parties with regard to the subject matter of this agreement, and supersedes and incorporates all prior or contemporaneous representations, understandings, or agreements, and may not be modified or amended.
a) Artisan accepts this and subsequent versions of this contract in full by checking the "Terms and Conditions" box on the Artisan application page.
a) Artisan agrees that the laws of the state of Louisiana, excluding its conflicts-of-law rules, shall govern this agreement. The use of the website may be subject to other local, state, national, and international laws. Artisan expressly agrees that exclusive jurisdiction for resolving any claim or dispute with American Artisans relating in any way to the use of the website resides in the state and federal courts of Louisiana, and Artisan further agrees and consents to the exercise of personal jurisdiction in the state and federal courts of Louisiana. In addition, Artisan expressly waives any right to a jury trial in any legal proceeding against American Artisans, subsidiaries, divisions, or affiliates or their respective officers, directors, employees, agents, or successors under or related to the terms of this agreement.
a) Artisan agrees to defend, indemnify and hold American Artisans, its directors, officers, employees, agents, vendors, partners, contractors, representatives, and affiliates harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable attorneys' fees, in any way arising from, related to or in connection with the use of the website, violation of any law, violation of the terms of this agreement or the posting or transmission of any materials on or through the website by Artisan, including, but not limited to, any third party claim that any information or materials provided infringes any third party proprietary right. Artisan agrees to cooperate as fully and reasonably required in the defense of any claim. This indemnification obligation will survive the termination of this agreement and Artisan's use of the website
15) Limitation Of Liability
a) In no event shall American Artisans, its directors, officers, employees, agents, vendors, partners, contractors, representatives, or affiliates be liable for any indirect, special, incidental, consequential, exemplary or punitive damages arising from or directly or indirectly related to the use of, or the inability to use, the website or the content, materials and function related thereto, including, without limitation, loss of revenue, or anticipated profits, or lost business, data or sales, or cost of substitute services, even if Artisan or its representative has been advised of the possibility of such damages. In no event shall the total liability of American Artisans to you for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from the terms or your use of the website exceed, in the aggregate, $100.00.
Last edited on 04/16/2017