Sellers Agreement

SELLERS AGREEMENT

ARTDEX Platform – Terms of Service for Sellers

Effective Date: [Date]

1. ACCEPTANCE OF TERMS

By registering as a seller on the ARTDEX platform (“Platform”), you (“Seller,” “Artist,” or “you”) agree to be bound by this Seller’s Agreement (“Agreement”). This Agreement constitutes a legally binding contract between you and ARTDEX Platform (“Company,” “we,” “us,” or “our”). The Platform acts as your commercial agent to promote and facilitate the sale of your artwork to buyers.

2. SELLER ELIGIBILITY AND VERIFICATION

2.1 General Requirements

Sellers must be at least 18 years of age or the age of majority in their jurisdiction
Sellers must be self-representing independent artists or galleries directly representing artists
Sellers must provide accurate, current, and complete information during registration

Collector sellers must provide bills of sale, certificates of authenticity, or other ownership documentation
Collector sellers must disclose complete provenance when known
Collector sellers must clearly state if selling as a private collector vs. dealer
Estate sellers must provide documentation of authority to sell (executor/trustee documents)

2.2 Identity Verification

Sellers must provide government-issued photo identification (driver’s license or passport) for verification
Identity verification is required to ensure anti-money laundering (AML) and know-your-customer (KYC) compliance
Sellers must provide evidence of online presence (personal website, social media, or portfolio)

2.3 Account Security

Sellers are responsible for maintaining the confidentiality of their account credentials
Sellers may not create multiple accounts to circumvent restrictions or policies

3. LISTING ARTWORKS

3.1 Authenticity and Ownership

Sellers warrant that they are the original creator or authorized representative of all listed artworks
Sellers must have full legal right to sell all listed items
All artworks must be accurately described, including medium, dimensions, condition, year created, and any relevant details
Artists retain ownership and title to artwork until full payment is received and the sale is complete

3.2 Prohibited Items

Sellers may not list:

Counterfeit or unauthorized reproductions
Stolen artwork or artwork sold without proper authorization
Items that infringe on intellectual property rights
Artwork containing illegal, offensive, or discriminatory content that violates community standards
Items prohibited by applicable laws or regulations

3.3 Pricing and Discounting

Sellers set their own retail prices for artworks, subject to Platform approval
All prices must be clearly stated in the designated currency
Pricing should account for artwork value, materials, time invested, and packaging costs
The Platform may offer promotional discounts up to 20% with seller consent
Any discount offered will be split equally between the Platform and seller
Platform-wide promotions not authorized by the seller will be absorbed by the Platform and will not affect seller proceeds

3.4 Certificate of Authenticity

Sellers must include a Certificate of Authenticity with each sold artwork
The Platform will provide a template for certificates when applicable (Sample 1, Sample 2)

4. COMMISSION AND PAYMENT TERMS

4.1 Commission Structure

The Platform operates on a commission-based model:

Standard Commission: 15% on the final retail sale price of the artwork
Commission is calculated on the artwork price only, not on shipping charges
Commission rates may vary based on seller plan subscription or total sales volume

4.2 Net Payment to Sellers

Sellers will receive payment equal to 15% of the net sale price, which is calculated as:

The amount paid by the buyer for the artwork
Less: Platform commission
Less: Any applicable transaction fees
Less: Any seller-authorized discounts
Exclusive of: Packaging, shipping, insurance, and handling charges

4.3 Payment Processing

Payment will be transferred to the seller’s nominated payment account within 7-15 days after buyer confirms receipt or after the return period expires, whichever comes later
Sellers must maintain a valid payment account with an authorized payment services provider
The Platform may hold payments in cases of disputed transactions, returns, or policy violations

4.4 Sales Tax and Value-Added Tax

Where the Platform is registered as a marketplace facilitator, applicable payment service providers will calculate, collect, and remit applicable sales taxes
UK/EU-based sellers may be charged VAT at 20% on commission fees
VAT-registered sellers can reclaim this charge on their VAT return
Sellers are responsible for complying with all local tax regulations

5. PACKING AND SHIPPING RESPONSIBILITIES

5.1 Seller’s Packing Obligations

Sellers are solely responsible for proper packing of sold artworks according to Platform packaging guidelines. Professional packaging standards must be maintained to ensure artwork arrives in the condition described.

Required Packaging Materials and Methods:

For Paintings and Works on Canvas:

Wrap artwork in acid-free tissue paper or glassine for direct contact
Add bubble wrap with multiple layers for cushioning
Use corner protectors for framed works
Apply tape in an “X” pattern over glass or acrylic to prevent shattering
Place in a sturdy, appropriately-sized box with at least 2-3 inches of cushioning on all sides
Use high-density foam layers rather than packing peanuts when possible

For Works on Paper:

Protect with acid-free tissue or glassine
Add rigid backing board to prevent bending
Use corner protectors if framed
Ship flat when possible; if rolling is necessary, roll around a tube with artwork facing outward
Place in waterproof outer wrapping

For Sculptures and 3D Works:

Wrap in multiple layers of bubble wrap
For fragile or valuable pieces, build a wooden crate
Immobilize artwork within packaging to prevent movement
Fill gaps with foam, bubble wrap, or cushioning material
For crated works, add lifting handles and clear instructions for opening
Add 30-35 lbs to weight estimate when uploading large works requiring crates
Budget for professional crating services (which may cost up to $500-1,000 or more) for oversized works

General Requirements:

Mark all packages clearly as “FRAGILE,” “ARTWORK,” or “HANDLE WITH CARE”
Package must withstand normal shipping conditions and handling
All packaging must comply with Platform Packaging Guidelines (detailed PDF available)
Sellers should document the packing process with photographs at each step

5.2 Packaging Costs

Sellers are responsible for all packaging material costs
Packaging costs should be factored into artwork pricing during upload
It is recommended to overestimate packaging costs to ensure adequate materials
For any buyer-initiated return, the buyer shall bear all associated shipping costs, and the return must be made in accordance with the original packaging requirements and the Platform’s shipping guidelines.

5.3 Seller’s Shipping Obligations

Domestic Shipments:

Sellers must ship artwork within 48-72 hours of receiving shipping notification or custom packaging materials from the Platform
Sellers must use Platform-designated carriers (currently FedEx, UPS, or DHL) when specified
Print and affix the pre-paid shipping label provided by the Platform-designated carriers
Ensure all shipping documents are handed to the courier
The Platform pays shipping charges directly to the carrier

International Shipments:

Complete accurate customs declarations and required documentation
Understand and comply with export regulations
Include all necessary export paperwork
Buyers are responsible for import duties, taxes, and customs clearance fees
Be aware that customs delays may occur and are normal
Sellers may be responsible for preparing export documentation

5.4 Tracking and Insurance

Provide valid tracking information through the Platform within 24 hours of shipment
For high-value works (over $250), additional insurance is strongly recommended
In the event of shipping damage, sellers file claims with carriers
Sellers must cooperate and assist with insurance claims when requested

5.5 Shipping Insurance and Damage

Insurance Coverage:

Sellers are recommended to ensure shipments for high-value works (over $250)
Insurance only applies if packaging guidelines were strictly followed
Sellers should document packaging process with photographs

Damage Due to Inadequate Packaging:

If artwork arrives damaged due to poor packaging, the shipment will be deemed non-insurable
Sellers will be held responsible for damages and must accept the return
The Platform will work with the buyer for a full refund
Seller will not receive payment for improperly packaged artworks that arrive damaged
In cases of severe packaging neglect, carriers may refuse to return damaged goods

5.6 Shipping for Prints and Digital Works

For photography and digital printmaking:

Sellers offer printing and fulfillment services
Sellers handle printing, framing, packaging, and shipping
Production costs are included in the sale price
Sellers receive payment after deducting production and shipping costs

5.7 Prohibited Shipping Practices

Sellers may not:

Delay shipment beyond agreed timelines without communication
Provide false or inaccurate tracking information
Use inadequate packaging that risks damage
Ship items significantly different from the listing description
Fail to include required documentation or certificates

6. RETURN POLICY AND BUYER SATISFACTION

6.1 Return Period

Buyers have 14 days to return, provided the artwork is returned in its original condition and packaging
All returns must be requested to sellers directly within the stated timeframe of 48 hours from receipt of the artwork

6.2 Acceptable Return Reasons

Buyer changed their mind
Artwork is significantly not as described
Artwork arrived damaged due to shipping (if properly packaged)
Artwork condition does not match listing description

6.3 Return Shipping Costs

Buyer’s Responsibility:

Buyer-initiated returns (change of mind) – buyer pays return shipping
Buyer must provide valid receipts for shipping costs incurred

Seller’s Responsibility:

Returns due to inaccurate descriptions – seller pays return shipping
Returns due to inadequate packaging – seller pays return shipping
Returns due to failure to meet agreed specifications

6.4 Processing Returns

Sellers must accept returns within the return window
Artwork must be returned in the same condition it was shipped
Buyers must use original packaging materials when available
Sellers receive no compensation for returned artwork
Seller is not responsible for damage during return shipment if buyer failed to use proper packaging

6.5 Commissioned Artwork Returns

Commissioned artwork sales are generally non-refundable
50% non-refundable deposit is required before work begins
Remaining 50% is charged upon completion and buyer approval
Returns may be accepted if artwork significantly differs from agreed specifications
Sellers are not obligated to create replacement commissioned works

7. DISPUTE RESOLUTION

7.1 Response Requirements

Sellers must respond to buyer inquiries and disputes within 48 hours
Sellers must communicate professionally and work cooperatively to resolve issues
All communication regarding disputes must use the Platform messaging system

7.2 Platform Mediation

The Platform may mediate disputes between buyers and sellers
Sellers must cooperate fully with dispute investigations
The Platform may make final determinations on disputed transactions
Platform decisions on disputes are final and binding

7.3 Seller Responsibilities in Disputes

Provide accurate information and documentation
Work in good faith toward resolution
Accept returns when required by Platform policies
Fulfill refund obligations when determined appropriate

7.4 Cancellations

Sellers may be required to refund buyers and cover associated costs if:

Seller breaches representations or warranties
Artwork is not as described
Seller fails to ship within required timeframe
Artwork is lost or damaged due to seller’s fault
Platform determines cancellation is warranted

8. COMMUNITY GUIDELINES

8.1 Professional Conduct Standards

Sellers must:

Communicate respectfully and professionally with all Platform users
Respond to messages within 48 hours during business days
Honor all commitments made in listings or communications
Maintain honest, transparent, and ethical business practices
Acknowledge receipt of sale notifications promptly
Schedule pickup dates within 24 hours of receiving sale notification
Confirm understanding of packaging guidelines when requested

8.2 Prohibited Conduct

Sellers may not:

Engage in harassment, discrimination, or abusive behavior toward any person
Attempt to complete transactions outside the Platform to avoid commission fees
Share buyer contact information or use it for purposes outside of the completed transaction
Create multiple accounts to circumvent restrictions
Leave false, misleading, or retaliatory reviews
Manipulate search rankings, engage in spam, or use deceptive practices
Use bots or automated systems without Platform authorization
Misuse or share buyer personal information
Forge headers or send altered source-identifying information
Impersonate others or misrepresent affiliations

8.3 Listing Standards and Honesty

Accuracy Requirements:

All descriptions, photographs, and communications must be truthful and accurate
Photographs must accurately represent the artwork’s colors, condition, and scale
Disclose any defects, damage, repairs, or restorations
Provide accurate dimensions and medium information
Clearly state if artwork is framed or unframed

Misrepresentation Consequences:

Misrepresentation may result in account suspension or termination
Sellers may be held liable for costs associated with returns due to misrepresentation
Repeat violations will result in permanent account termination

8.4 Intellectual Property Rights

Copyright and Trademark:

Sellers must own or have proper authorization for all artwork listed
Sellers may not use others’ images, text, or content without permission
The Platform will respond promptly to valid DMCA takedown notices
Sellers indemnify the Platform against intellectual property claims

Platform Rights:

Sellers grant the Platform a non-exclusive, worldwide license to display, reproduce, and promote listed artworks
This license includes use in marketing materials, advertisements, and promotional content
The Platform may use seller names and artwork images for Platform promotion

8.5 Authenticity and Due Diligence

The Platform facilitates due diligence on artwork authenticity but does not guarantee authenticity
Artworks are sold “as-is” with condition descriptions as provided by sellers
Professional sellers (galleries, dealers) may have separate conditions of sale
Sellers must assist with authenticity verification when requested

9. LISTING AND COMPETITIVE RESTRICTIONS

9.1 Listing Period

Sellers grant the Platform rights to offer listed artworks for sale online and through partnerships
Platform rights apply to online sales only; physical gallery representation is permitted

9.2 Removal of Listings

Sellers may remove artworks from the Platform at any time when not involved in active transactions
Removal does not affect pending sales or negotiations in progress

10. ACCOUNT SUSPENSION AND TERMINATION

10.1 Grounds for Suspension or Termination

The Platform reserves the right to suspend or terminate seller accounts for:

Violations of this Agreement or Community Guidelines
Fraudulent activity, misrepresentation, or deceptive practices
Failure to ship artwork within required timeframes
Repeated inadequate packaging resulting in damaged shipments
Excessive disputes, chargebacks, or negative feedback
Failure to respond to communications
Any activity that harms the Platform, its reputation, or its users
Failure to cooperate with dispute resolution

10.2 Consequences of Termination

Upon termination, sellers forfeit any outstanding payment balances
Access to the Platform is immediately revoked
Sellers remain responsible for completing all pending transactions
Platform may retain seller information as required by law

10.3 Voluntary Account Closure

Sellers may close accounts at any time with 7 days written notice
Sellers remain responsible for all pending transactions and disputes
Outstanding payments will be processed according to normal schedule
Sales or negotiations within 5 days of termination notification remain subject to Platform commission

11. LIMITATION OF LIABILITY

11.1 Platform Role

The Platform acts as a marketplace facilitating connections between buyers and sellers
The Platform is not a party to sales transactions
Artwork title passes directly from seller to buyer upon completed payment
The Platform does not manufacture, own, inspect, or take possession of listed artworks

11.2 Seller Responsibilities

Sellers are solely responsible for:

Accuracy of listings and descriptions
Quality and authenticity of artwork
Proper packaging and timely shipping
Customer service and communication
Compliance with all applicable laws and regulations
Payment of applicable taxes and fees
Pre-collection warehouse, storage, and insurance costs for consigned works

11.3 Platform Liability Limitations

The Platform is not liable for:

Loss, damage, or theft during shipping
Disputes between buyers and sellers
Payment processing delays beyond Platform control
Seller’s failure to ship or properly package artwork
Artwork authenticity or condition
Third-party carrier performance
Any indirect, incidental, consequential, or punitive damages
Customs delays, duties, or taxes
Buyer payment defaults or fraudulent chargebacks

11.4 Seller Indemnification

Sellers agree to indemnify and hold harmless the Platform, its officers, employees, and agents from:

All claims arising from seller’s use of the Platform
Intellectual property infringement claims
Breach of seller representations or warranties
Artwork condition, quality, or authenticity disputes
Violation of laws or regulations
Negligent or willful misconduct

12. CUSTOM AND COMMISSIONED ARTWORK

12.1 Commission Process

Sellers may discuss custom work using Platform-provided messaging tools
Sellers must agree on brief, timeline, scope, and final price before commencing work
Sellers must notify the Platform of agreed arrangements
Final price is fixed once deposit is collected unless changes are mutually agreed

12.2 Payment Terms for Commissions

50% non-refundable deposit is required before seller begins work
Deposit assures seller payment for time and materials
Remaining 50% is charged upon completion after buyer reviews high-resolution images
If buyer is unsatisfied, seller may make small agreed-upon modifications

12.3 Commission Timeline

Typical commission timeline is 6-8 weeks but varies by complexity
Sellers must provide progress updates to buyer via Platform messaging
Platform may arrange meetings between seller and buyer as needed
Delays must be communicated promptly

12.4 Commission Returns and Disputes

Commissioned works are generally non-refundable
Buyers waive return rights for custom-made products
Returns may be required if artwork significantly differs from agreed brief
Sellers are not obligated to create replacement works
Platform resolves disputes on a case-by-case basis
Platform decisions are final and binding

13. PRIVACY AND DATA PROTECTION

13.1 Data Collection and Use

The Platform collects and processes seller data in accordance with the Privacy Policy
Sellers consent to data use for Platform operations, marketing, and improvement
Seller information may be shared as required by law or with service providers

13.2 Buyer Information Protection

Sellers receive buyer information solely for completing transactions
Sellers must comply with applicable data protection laws (GDPR, CCPA, etc.)
Sellers may not use buyer information for marketing without express consent
Sellers may not share buyer information with third parties
Sellers must protect buyer information with reasonable security measures

13.3 Location Information

Sellers must provide accurate shipping location information
Location may be displayed to buyers (city, state/province, country)
Location information helps buyers understand shipping timelines and costs

14. INSURANCE AND RISK OF LOSS

14.1 Pre-Sale Insurance

Sellers are responsible for insuring artwork in their possession until shipped
No pre-sale insurance, storage, or handling fees are charged by the Platform
Sellers should maintain adequate insurance coverage for their inventory

14.2 Shipping Insurance

Sellers insure shipments for the seller’s commission amount
Insurance coverage applies only if packaging guidelines are followed
Sellers may purchase additional insurance for high-value works
Sellers should document packaging with photographs for insurance purposes

14.3 Risk of Loss Transfer

Risk of loss transfers to the buyer upon delivery confirmation
Sellers remain responsible for loss during shipping if due to inadequate packaging
Sellers handle insurance claims with carriers on behalf of sellers and buyers

15. THIRD PARTY PARTNERSHIPS

15.1 Third Party Sales

The Platform may partner with third parties to offer artwork for sale
Sellers will be responsible for one-half of commission paid to third party partners
Terms for third party sales will be communicated to sellers in advance

15.2 Exhibition and Marketing Opportunities

Sellers may be invited to participate in Platform exhibitions, art fairs, or events
Participation is voluntary and terms will be specified for each opportunity
The Platform may feature selected works in curated collections or promotions

16. MODIFICATIONS TO AGREEMENT

16.1 Right to Modify

The Platform may modify this Agreement at any time
Updated terms will be posted on the Platform with the effective date
Sellers will receive notice of material changes via email or Platform notification

16.2 Acceptance of Modifications

Continued use of the Platform after modifications constitutes acceptance
Sellers who do not accept modifications must cease using the Platform and close their accounts
Modifications do not affect transactions already in progress

17. GOVERNING LAW AND JURISDICTION

17.1 Governing Law This Agreement is governed by the laws of State of Delaware, without regard to its conflict of law principles.

17.2 Dispute Resolution

Any disputes arising from this Agreement shall be resolved in the courts of State of Delaware
Sellers consent to personal jurisdiction in such courts
The Platform may seek injunctive relief in any court of competent jurisdiction

17.3 Arbitration

The Platform may require binding arbitration for certain disputes
Arbitration terms and procedures will be specified separately if applicable

18. MISCELLANEOUS PROVISIONS

18.1 Entire Agreement This Agreement, along with the Privacy Policy and Community Guidelines, constitutes the entire agreement between seller and Platform regarding the subject matter herein.

18.2 Severability If any provision is found unenforceable, the remaining provisions remain in full force and effect.

18.3 No Waiver Failure to enforce any provision does not constitute a waiver of that provision or any other provision.

18.4 Assignment

Sellers may not assign this Agreement without Platform consent
The Platform may assign this Agreement to successors or affiliates

18.5 Force Majeure Neither party is liable for failure to perform due to circumstances beyond reasonable control, including natural disasters, war, strikes, or government actions.

18.6 Relationship of Parties The Platform acts as seller’s commercial agent. This Agreement does not create a partnership, joint venture, or employment relationship.

19. SELLER BEST PRACTICES

To ensure success on the Platform, sellers are encouraged to:

Upload new artwork regularly to maintain visibility
Use high-quality photographs with proper lighting and resolution
Write compelling, accurate artwork descriptions
Use relevant keywords to improve discoverability
Price competitively while ensuring fair compensation
Respond promptly to all inquiries
Maintain professional communication
Package artwork securely following all guidelines
Ship promptly within required timeframes
Build positive relationships with buyers

20. CONTACT INFORMATION

For questions about this Agreement or Platform operations:

ARTDEX Platform

ARTDEX by Art Collectors International, LLC

P.O. Box 111, Hudson NY 12534, U.S.A.

team@artdex.com

21. SELLER ACKNOWLEDGMENT AND AGREEMENT

By clicking “I Agree,” uploading artwork, or using the Platform as a seller, you acknowledge that you:

☐ Have read and understand this entire Seller’s Agreement
☐ Agree to be bound by all terms and conditions herein
☐ Understand your responsibilities for accurate listing descriptions
☐ Acknowledge your obligations for proper packaging according to Platform guidelines
☐ Agree to ship sold artworks within required timeframes
☐ Understand the commission structure and payment terms
☐ Agree to abide by all Community Guidelines
☐ Consent to the Platform’s use of your artwork images for promotional purposes
☐ Understand the return policy and your obligations
☐ Acknowledge that the Platform acts as your commercial agent
☐ Have reviewed the detailed Packaging Guidelines (PDF)

I hereby certify that I am the original creator or authorized representative of all artwork I submit to the Platform, and I have the legal right to sell such artwork.

Signature: _________________________
Printed Name: _________________________
Date: _________________________

IMPORTANT RESOURCES FOR SELLERS:

Packaging Guidelines: Detailed instructions for packaging all artwork types
Seller Dashboard: Access sales, payments, and shipping documents
Seller Support Center: FAQs, tutorials, and help articles
Seller Community Forum: Connect with other artists and share experiences

Last Updated: [Date]
Version: [3.0.1]

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