Pacific Point Fine Art
Seller Terms & Conditions
Effective Date: 1st September 2020
Effective Date: 1st September 2020
PacificPointFine.Art is wholly-owned by Pacific Point Fine Arts, LLC (“PPFA,” “we,” or “our”), which provides a service for online and in-person viewing, selling and purchasing original works of art and limited edition prints through our website (the “site”). We also provide services for sellers to be promoted through our print and digital magazine and member galleries.
Certain areas of our Services may have different terms and conditions posted. This may require you to accept supplemental terms and conditions for the use of those additional Services. When utilizing additional Services, the latter terms and conditions shall take precedence when a conflict arises between these Terms and the Terms of a specific Service.
If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
PPFA reserves the right, in full, and at its sole discretion, to discontinue, modify, or terminate the Services or to modify these and all other Terms or Policies at any time and without prior notice. If we modify these Terms or Policies, we will make the details on the modification on the Services available to read online or will provide you with details about the modification.
We will also provide the “Last Updated Date”. Your continuing to access and/or use the Services after we have posted and notified you of a change indicates your agreement to being bound by these modified Terms or Policies. If however the modified Terms or Policies are not deemed acceptable to you, you must cease using the Services. Please check our Terms and Policies regularly to review them.
PPFA reserves the right to change, modify, discontinue, restrict or block access to the Services without any notice. PPFA may modify or remove any Original Works of Art, Digital Works (collectively, “Printed Works”), PPFA Content, or Member Content from the Services at any time without notice to you.
This Policy includes removing any products, art, or content of any kind that we believe to be obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable.
There may sometimes be information on the Services that contains inaccuracies, omissions, or typographical mistakes. PPFA reserves the right in full to correct any mistakes, errors, omissions or inaccuracies, and to change, modify or update information on the Services if such information is inaccurate. This may be done at any time without prior notice.
PPFA undertakes no obligation to amend, correct, update, or clarify information on the Services, unless required by applicable local, state, federal or international laws, statutes, or regulations. PPFA does not use a particular date or time when updating content.
To be eligible to use any PPFA Services, a person must be 18 years of age or older. Use of or access to the Services by any persons under the age of 18 is expressly prohibited. By using or accessing the Services, you warrant and represent that you are 18 years of age or older.
To sell a product on the Services, you must register a Vendor Account (“Account”) by completing our registration process. We will require you to provide sample artwork, biography, and other details during the vendor registration process.
You agree that during registration and at all times you will provide us with correct, current and complete information. By registering, you also agree to keep your information correct, current and complete. This includes if you become VAT registered.
Upon completion of our registration process, we will review your application. You will receive an email once your Account is either approved or denied by PPFA.
We reserve the right to terminate or suspend an Account if any information provided during registration or afterward is proven to be incorrect, incomplete, or not current.
You are responsible for safeguarding your password. You agree not to disclose your password to any third party and take sole responsibility for any activities or actions under your Account, whether or not you have authorized such activities or actions. You will immediately notify PPFA of any unauthorized access or use of your Account.
Before being accepted as either an Artist or Gallery vendor, we require you to verify your identity separately by providing PPFA with a government-issued ID, tax identification, VAT ID, or similar documentation and information that we deem acceptable.
As an Artist, you may submit listings for original works of art that you have created and desire to sell through our Services. You may not submit listings for original works of art that were created by another Artist. You may not submit Digital Works for Print-On-Demand Services that were made by another Artist.
If you create a vendor account as a gallery representative, you may sell “Original and Digital Works” by artists you represent.
For your product listings to be accepted, you must provide PPFA with any information requested, and you must comply with any other requirements.
Your listings must be accurate and complete. Your listings must also comply with PPFA’s current listings content guidelines.
All listings should include:
We reserve the right to edit listings to ensure they comply with these guidelines. You acknowledge that these listings may not be immediately searchable by keyword or category for several hours (or up to 24 hours in some circumstances). Once approved, your listings are shown based on factors that include (but are not limited to) title, keywords, and price.
You acknowledge that PPFA reserves the right to promote and market your gallery and listings. We may use sales or discounts, social media, blogs, print, digital and other media to promote your content.
You the Seller retain the right to remove a listing from our Services. If you wish to remove a listing from the Services, you must go to your Account, click on the listing you want to delete and then click on “Trash.”
You agree and acknowledge that you are solely responsible for all Original Works of Art, and Digital Works that you make available through the Services.
As such, you warrant and represent that:
(i) as to the Original Works of Art that you make available through the Services, you are the creator (or legal representative of the Artists), or you are the sole and exclusive owner of all such Original Works of Art;
(ii) as to Digital Works that you make available through the Services, you are the sole and exclusive owner, or you have all the rights, licenses, consents, and releases that are necessary to grant to PPFA (and third-party print-on-demand vendors) the rights to print your artwork when you receive an order.
(iii) neither the Original Works of Art, nor the Digital Works that you make available through the Services, nor PPFA’s use and promotion will 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, intellectual property rights or other third party rights, or result in the violation of any applicable law or regulation.
Your shop is a representation of you and your business to the public. It is vital that your shop and gallery listings be accurate.
By selling on PPFA, you agree to:
By listing a product for sale on PPFA, you agree and understand that you maintain sole responsibility for complying with all applicable laws and regulations for the products you list for sale, including any and all required warnings and labels. PPFA does not assume any liability for the labeling, accuracy, or content of your listings.
In order to sell on PPFA, sellers must agree to provide a high quality customer experience every time a buyer, potential or otherwise, engages with their services. When buyers make a purchase, they trust that they will receive their order in a timely manner and that their item(s) will be as they were described on PPFA.
Sellers are expected to:
Joining and starting a gallery on PPFA is free. There are four selling fees:
Once an item sells, PPFA takes a 30% commission on the final sale price.
If a discount is offered, the discount will be deducted from the product’s original price. The commission will be calculated based on the original price, and then the following will be applied:
Like all galleries, we offer promotional discounts from time to time as an incentive for new and returning collectors to explore the constantly updating selection of artwork on PPFA. We know that offering promotions allow artists to gain the attention of collectors previously unaware of their work and a better chance of making future sales. With PPFA’s low commission, only 30% compared to the 50% most galleries take, even with a promotional discount, you earn more selling your work with PPFA.
All of our users, both buyers and Sellers, are expected to treat fellow users with respect. As a Seller you have a responsibility to safeguard personal information, and to communicate promptly and courteously with other users to provide a high quality customer experience.
As a Seller, you will have the opportunity to create and upload a variety of content, like listings, blog posts, messages, text, photos, and videos. You will also have the opportunity to submit content to our quarterly print and digital magazine. You agree to not upload or otherwise provide content that is:
You have a responsibility to protect all personal information that you receive or process, and you must ensure that you comply with any and all relevant legal requirements. This does include applicable data protection and privacy laws that govern how you can use information gathered via or in relation to PPFA Services.
Especially, when you sell using our Services (subject to this and our other Policies), you may have to determine what to do with received personal information, for example during communication with other sellers and during transactions with buyers. You will be processing personal information (such as buyer name, email address, telephone number, and shipping address) and, to the extent you do so, under EU law, you are an independent controller of the data relating to other buyers/sellers/users that you may have obtained through the Services.
As a data controller (a person that decides what personal data is collected and the purpose for which the data is to be used) to the extent that you process personal information outside of the Services, you may be required under the applicable data protection and privacy laws to honor requests received from users for data access, portability, correction, deletion, and objections to its processing.
If you disclose personal information without the user’s proper and full consent, you are solely responsible for that unauthorized disclosure. This includes – as an example – disclosures you make or unintentional data breaches. As an example, you may receive a user’s email address or other information as a result of a sales transaction with that user. This information may only be used for PPFA-related communications or for PPFA-facilitated sales. It may not be used in any other fashion.
This information may not be used for unsolicited messages or unauthorized transactions. Subject to PPFA’s Terms and Policies, laws, and without the buyer’s consent, you may not add any PPFA user to your E-mail or physical mailing list, nor can you use that user’s identity for marketing, or obtain or retain any payment information.
Please be aware that you are responsible for knowing and following the standard of consent required at any given instance.
If you and PPFA are found to be joint data controllers of personal information, and if PPFA is sued, fined, or otherwise incurs expenses because of something that you did in your capacity as a joint data controller of buyer personal information, you agree to indemnify PPFA for the expenses it occurs in connection with your processing of buyer personal information.
With a PPFA Account, you can communicate directly with your buyers or other PPFA users. This is an excellent way for prospective buyers to make inquiries about a product or an order.
You may not use any PPFA provided communication channels to:
Interference happens when a user intentionally interferes with another user’s shop in order to damage their business. This is very strictly prohibited on PPFA. Some examples of interference include:
Any use of PPFA to harass other people is very strictly prohibited. You may also not use PPFA Services in any manner to support or glorify hatred, or otherwise violate any of our Terms and Policies. If you receive or see any communication that violates our Terms and Policies, please let us know immediately.
If for any reason you are unable to complete a transaction, you must notify the buyer via PPFA and cancel the sale. If the buyer has submitted payment, a full refund must be issued. You must keep evidence of all refunds to aid in case of dispute. Cancellations are subject to PPFA’s Cancellation Policy.
Users in the European Union (EU) may be entitled to a 14-day “right-of-withdrawal” after receiving an item, during which time they may return the item for any reason. The specifics of this right vary by EU country.
This right may not apply to some items, like customised items or perishable goods. Concerning digital items, the law varies by EU country. For more information on right-of-withdrawl, see: https://ec.europa.eu/info/sites/info/files/crd_arc_factsheet-consumer_en.pdf
In addition to our Terms and Policies, each nation has its own laws regarding shipping, cancellations, returns, and exchanges. Please ensure that you are familiar with your own nation’s laws and those of your buyer’s countries.
Please be aware that in addition to this and our other Terms and Policies, each country has its own laws surrounding shipping, cancellations, returns, and exchanges. Please familiarize yourself with the laws of your own country and those of your buyers’ countries.
Reviews are an excellent method of building your reputation on PPFA. Buyers can leave a review, including a one-to-five star rating and a photograph of their purchase.
Reviews and responses to reviews may not:
The Ticket system is how order disputes are resolved at PPFA. Before opening a ticket on PPFA, we would ask that our buyers contact sellers directly to resolve any outstanding issues. It is very important that you fill out your shop policies and respond in a timely manner to messages from buyers. Sometimes it may be necessary to open a ticket or involve PPFA. We will work with you and the buyer to resolve the issue as quickly as is possible.
You must respond to any open tickets within three days or the time frame noted by PPFA in the ticket. PPFA may request your assistance in resolving a case opened against your shop. PPFA reserves the right to escalate a case early for circumstances such as seller inactivity, harassment, refusal of service, manipulation, and undermining the ticket system’s integrity.
By using PPFA’s ticket system, you understand that PPFA may use your personal information to resolve disputes with other members. If PPFA determines that an item is not as described, you will be required to refund the order, including original shipping and return shipping, and any other costs incurred with returning the order, such as insurance.
To keep PPFA safe and improve our Services, we may take actions that limit the visibility of your shop, listings, or advertisements, or that impact your account. If PPFA sees that there is unusual order activity on a shop, or if we believe that your shop or your actions may result in buyer disputes, risk of fraud, charge-backs, counterfeiting, or other claims, we may take action. These actions may include limiting or restricting the visibility or function of your Account, or placing restrictions on your withdrawal requests, in accordance with our Payments Policy.
When appropriate and permitted by law, PPFA will provide information to the affected Seller concerning the issue.
We may limit the visibility of ads or listings in the interest of keeping PPFA safe, and improving upon our Services. As an example, a listing or advertisement may have decreased visibility due to included terms that are prohibited based on third party policies.
If PPFA has reason to believe your content, you, or your use of the Service violates our Terms or Policies, we may remove your content or suspend or terminate your Account (and any other accounts that we determine is related to your Account). as well as your access to the Services.
In normal circumstances, PPFA will notify you that your account or content has been suspended or terminated. unless you have repeatedly violated our Terms or Policies, or we have regulatory or legal reasons preventing us from notifying you.