WHOLESALE ARTIST TERMS
Art Urbane sells fine art and creative design and furnishing to support Artists and help fund creative developments, with a focus on quality of craftsmanship, artistry and adding to the curated aesthetic of Art Urbane.
In an effort to promote good trade, Artist agrees to:
GOOD WILL: Artist shall communicate receipt of an Art Urbane Purchase Order within 24 hours and use all reasonable effort to ship artwork/design within the agreed upon time frame, using all best efforts to package products to prevent damage and realistically protect product during shipping transit times.
DROP SHIPPING: Artist will drop ship orders to the end buyer, and use the shipping label provided by Art Urbane, which covers costs for shipping and insurance.
REVENUE SHARE: Art Urbane operates on a 50(Art Urbane)/50(Artist) revenue share model of the artworks’ market retail value or MSRP. Art Urbane donates at least 5% proceeds from Art Urbane’s net revenue to creative nonprofits in the buyer’s community.
EXCLUSIVITY: Art Urbane does not exclusively represent any artist or designer. We ask that if an original artwork or limited edition is listed with us and sold out elsewhere, we be notified immediately so we can update our system. Please email inventory updates to CreativeTeam@ArtUrbane.com.
FUNDS TRANSFER: Art Urbane shall set-up a fund transfer account after the first sale. Funds are transferred when the artwork/design is prepared to ship or within five (5) business days from the Purchase Order.
ART REPRESENTATION NETWORK: At times, Art Urbane works with third-party Representatives to invite artists and designers to Art Urbane, and the Representative acts in an entrepreneurial capacity to help sell, introduce, and share in promoting your work to other Representatives on the platform, the "Network". Accordingly, your artwork may be featured in the online collections of Representatives in the Art Urbane network, and may be promoted for sale to each individual Representative's network.
LIMITATION OF LIABILITY: Art Urbane takes measures to determine the professionalism and curatorial abilities of each Representative on Art Urbane, as such, Representatives can take the form of art patrons, interior designers, museum and gallery employees, art educators, and creative organizations both commercial and non-profit. Representatives act independently and are not employees or independent contractors of Art Urbane. As such, neither Artist, on the one hand, nor Art Urbane or its suppliers or resellers or other Artists, on the other hand, shall be liable to the other or any third party for (I) any indirect, special, incidental or consequential damages of any character arising our of the use of or inability to use the Art Urbane service or any information provided on the Art Urbane website or any other hyperlinked web site, including, without limitation, damages for loss of goodwill, any lost profits, business interruption, loss of programs or other data, even if Art Urbane has been advised of the possibility of such damages or (II) any claim attributable to error, omissions or other inaccuracies in the web site or any hyperlinked web site. Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, the above exclusion may not apply. In such jurisdictions, a Party's liability is limited to the smallest amount permitted by law. This paragraph will survive the failure or any exclusive or limited remedy. You agree that Art Urbane, although the provider of the service, has n responsibility or liability as a result of placement of authorized Links to your website, from Representatives.
If you are working with a Representative, and the Representative decides to terminate their activity on Art Urbane, the Representative's termination does not nullify or change this Agreement with Art Urbane. Only the Artist has the ability to terminate this Agreement with Art Urbane.
RETURNS: Art Urbane offers a fourteen (14) day refund policy to customers for damaged goods. Art Urbane issues a Return Merchandise Authorization (RMA) number for each shipment, and requires the customers’ use of original packaging for returns. If the item is damaged or defective upon customers’ receipt of good, where the damage or defect did not occur during shipping transit, then Art Urbane will cover the costs of return shipping to Artist, yet deduct the cost of return shipping from the reimbursement of funds to Artist for the good or provide the Artist an invoice for the return shipping. Art Urbane shall make all efforts to investigate the reason for return and reach reasonable agreement with the Artist.
GOVERNING LAW: This document shall be interpreted and construed according to the laws of the State of California.
CONSENT TO JURISDICTION: Any lawsuit based upon any case of action arising between the parties whether under this agreement or otherwise, shall be brought in the court of record in Los Angeles, CA and each party consents to the jurisdiction of these courts in any legal proceeding, and waives any objection which they may have to venuing any legal proceeding in these courts, including any claim that the legal proceeding has been brought in an inconvenient forum.
WARRANTY: Except as otherwise explicitly set forth herein, Art Urbane makes no warranties, express or implied, concerning the procedures and operations covered by this Agreement or any Agreement with customer including, without limitation, any warranty or fitness for a particular purpose, of sales, or against infringement. Artist hereby waives any claim (including any claim based on strict or absolute liability in tort) that it may have against Art Urbane, except that Art Urbane shall be responsible for the payment of Artist’s share of any sale proceeds and is not released from the payment thereof.
Personal Guaranty: By checking the box "I Agree" on the Artist Registry page OR having received an email with these Terms and did not select to opt-out of the Art Urbane sellers program, each party hereto unconditionally and absolutely guarantees the full, faithful and prompt performance by the artist applicant of all the terms and conditions of this Agreement and any or all other agreement(s) or contract(s) hereafter executed by the parties.