Embrace Creatives is a marketplace and art advising firm that sells handmade art, designs, and products directly to collectors and trade professionals.
We want to make sure that you and our buyers have a positive experience on Embrace Creatives. Please read on to find out more about your rights, as well as what is expected of you, as a seller.
1. WHAT CAN BE SOLD ON EMBRACE CREATIVES
Embrace Creatives is a unique marketplace. Buyers come here to purchase artisan and handmade items specific to home and commercial spaces that they might not find anywhere else. Everything listed for sale on Embrace Creatives must be handmade or limited edition manufactured (less than 850 units). No mass produced or imported items are allowed.
Handmade items are items that are made and/or designed by you, the seller.
If you sell handmade items, you agree that:
- All handmade items are made or designed by you. If you work with a production partner, you must disclose that production partner to clients who request the information.
- A production partner is a company or individual (who’s not part of your company) that helps physically product items based upon your own original designs.
- Examples of production services include, but are not limited to: fine art and 3D printing, casting, plating, and engraving.
- You are using your own photographs – not stock photos, artistic renderings, or photos used by other sellers or sites.
2. WHAT CANNOT BE SOLD ON EMBRACE CREATIVES
Even if they otherwise meet our criteria, prohibited items or materials such as;
- Animal Products and Human Remains
- Dangerous Items: Hazardous Materials, Recalled Items, and Weapons
- Hate Items: Items that Promote, Support, or Glorify Hatred
- Illegal Items, Items Promoting Illegal Activity, and Highly Regulated Items
- Internationally Regulated Items
- Pornography and Mature Content
- Violent Items: Items that Promote, Support, or Glorify Violence
are not allowed to be sold on Embrace Creatives.
Reselling is not allowed on Embrace Creatives. Reselling refers to listing an item as handmade when you were not involved in designing or making that item.
Keep in mind that users may flag listings that appear to violate our policies for Embrace Creatives’ review. Embrace Creatives may remove any listings that violate our policies. Embrace Creatives may suspend or terminate your account for any violations. You’ll still be on the hook to pay any outstanding fees on your Embrace Creatives statement.
3. REPRESENTING YOURSELF, YOUR GALLERY, AND YOUR LISTINGS ON EMBRACE CREATIVES
At Embrace Creatives, we value transparency. We are transparent with our users and we expect it in return. Transparency means that you honestly and accurately represent yourself, your items, and your business.
By selling on Embrace Creatives, you agree that you will:
- Provide honest, accurate information in your About section.
- Accurately represent your items in listings and listing photos.
- Respect the intellectual property of others. If you feel someone has violated your intellectual property rights, you can report it to Embrace Creatives. [team@]
- Not engage in fee avoidance.
- Not create duplicate accounts or take any other action (such as manipulating clicks, carts or sales) for the purpose of manipulating search or circumventing Embrace Creatives’ policies.
- Not coordinate pricing with other sellers.
Interference occurs when a user intentionally interferes with another user’s shop in order to drive away their business. Interference is strictly prohibited on Embrace Creatives. Examples of interference include:
- Contacting another in any way to warn them away from a particular user, shop, or item;
- Posting in public areas to demonstrate or discuss a dispute with another user;
- Purchasing from a seller for the sole purpose of leaving a negative review;
- Maliciously clicking on a competitor’s Promoted Listings ads in order to drain that user’s advertising budget, also known as “click fraud.”
Any use of Embrace Creatives Messages or any communication service we may provide to harass other users is strictly prohibited. Similarly, artwork listings may not be used to support or glorify hatred or otherwise violate our Anti-Discrimination Policy. If you view text that violates this policy, please let us know right away.
4. PROVIDING TOP-NOTCH CUSTOMER CARE
We expect our sellers to provide a high level of customer service. By selling on Embrace Creatives, you agree to:
- Honor your shipping and processing times. Sellers are obligated to ship an item or otherwise complete a transaction in a prompt manner, unless there is an exceptional circumstance. Please be aware that legal requirements for shipping times vary by country.
- Respond to Embrace Creatives messages in a timely manner: 24-48 hours.
- Honor the commitments you made when you signed the EC Seller’s form.
- If you are unable to complete an order, you must notify Embrace Creatives so we can mitigate any issue and work with the buyer to come to an equitable solution.
As a seller, you not only represent your own business, you represent Embrace Creatives. We put our trust in your professionalism and expect you to act in a highly reliable matter at all times.
5. REQUESTS FOR CANCELLATIONS, RETURNS AND EXCHANGES
At this time, embrace Creatives only ships to locations inside the United States but please be aware that in addition to this policy, each country has its own laws surrounding shipping, cancellations, returns, and exchanges.
If you are unable to complete a transaction, you must notify Embrace Creatives in order for us to work with the buyer to find a solution. If the buyer already submitted payment, a full refund will be issued.
5.2 HOW TO HANDLE SALES ISSUES
We ask buyers to contact Embrace Creatives to resolve any outstanding issues. For this reason, it is important that you do not reach out to the buyer(s) on your own, plus it goes against our Seller Rules.
If the buyer contacts Embrace Creatives to report an issue, you understand that Embrace Creatives may use your personal information for the purpose of resolving disputes with other users. Disputes may refer to:
A non-delivery occurs when a buyer places an order but does not receive the item. The following are examples of non-delivery cases:
- There is no proof that the item was shipped to the buyer.
- An item was not sent to the address provided by Embrace Creatives.
5.4 Not as Described
An item is not as described if the buyer can demonstrate that it is significantly different from your listing description or your photos. The following are examples of not as described cases:
- The item received is a different color, version, or size.
- The item has a much different design or material.
- The seller failed to disclose that an item is damaged or is missing parts.
- The buyer received the incorrect quantity of items (e.g., the buyer purchased three items but only received two).
- The item was advertised as authentic or an orignal but is not authentic or an original.
5.5 Late Delivery.
In order to qualify as late delivery, the buyer must provide proof that all of these conditions have been met:
- The item(s) were ordered for a specific date or event.
- The item(s) are rendered useless after that date.
- The seller did not ship the item(s) according to their processing time or the date agreed upon on the invoice (if applicable).
If Embrace Creatives determines that an item is not as described, the order will be refunded from the artist to the buyer, including original shipping and return shipping charges and the artist will pay for any and all bank or 3rd part processing fees.
6. SUSPENSION AND TERMINATION OF SELLER SERVICES: SURVIVAL OF OBLIGATIONS.
6.1 Suspension and Termination.
Here are the reasons why we might need to suspend or terminate your access to our e-commerce platform or art advising services.
We may suspend or terminate your and your Affiliates’ ability to participate on the Embrace Creatives Platform and Art Advising Services as a Seller and/or to receive payments at any time and for any reason, including if:
- you become ineligible for the Services or violate any provision of this Seller Policy the Terms of Service, or any other Embrace Creatives policy applicable to you;
- you or any of your affiliates do not make payments owed to us on time;
- our Payment Processor Partners or Card Schemes refuse to facilitate payments to you or to engage in services involving you;
- we are served with legal process seeking to attach or garnish any of your funds or property in our possession;
- we learn that you have granted a right to assignment of payments to any party, for any reason; or
- you are a Prohibited Seller and/or process or submit/list Prohibited Products.
6.2 Organizer Termination. You can delete your account, but you’ll still be bound by your agreement with us.
You may stop participating as a Seller at any time by deleting your account in accordance with the Terms of Service. If you delete your account, you are still bound by this Seller Agreement and any other Embrace Creatives policy that applies to you, as well as any other written agreement you may have with us.
6.3 Effect of Termination. Let’s make sure we each have what we’re owed. If either party terminates this Seller Agreement, we (through our Payment Processor Partners) will, within a reasonable time, pay any amounts owed to you, as long as the payments are permitted by applicable laws, regulations, and orders. We may hold funds we owe you to make sure that there are no Chargebacks, refunds, credits, balances owed to us, or other deductions that should be made from the funds we owe you. We will otherwise have no further payment obligations to you.
6.4 Continued Obligations. Some terms will still be effective even after terminationl All provisions of this Seller Agreement that by their nature should survive termination of this Seller Agreement will survive (including your obligations related to refunds, payments, and Chargebacks).
7. PAYMENT PROCESSING
7.1 Payment Processor Partners. We partner with third-party payment processors to facilitate sales transactions and commission payments.
As part of the Organizer Services, we provide tools to help you sell tickets, registrations, and other items to Consumers interested in your events. To facilitate payments for you, we partner with third-party payment processors and/or Seller acquirers (“Payment Processor Partners”).
You and we are subject to the rules and regulations of our Payment Processor Partners. In certain cases, you may be required to enter into separate agreements with our partners (“Payment Processor Agreements”) to receive payments.
Stripe, Inc. (“Stripe”) is one of our Payment Processor Partners that may facilitate payment processing services for you. When you agree to this Seller Agreement or continue to operate as an Organizer on Embrace Creatives, you also agree to the Stripe Connected Account Agreement and the Stripe Services Agreement. For us to enable payment processing services through Stripe, you must provide us accurate and complete information about you and your business, and you authorize us to share it and transaction information with Stripe.
7.2 Embrace Creatives Payment Processing. This is the payment processing method that we will use to collect online sales payments.
- Here’s an overview of Embrace Creatives Payment Processing.
When a Consumer uses Embrace Creatives Payment Processing, we act as your limited payments agent to facilitate payment transactions using our Payment Processor Partners. As a limited agent, we process the total value of artwork and any other items purchased by Consumers. In return, in addition to other applicable Embrace Creatives Fees, we will remove the Embrace Creatives Payment Processing fee (the “Embrace Creatives Payment Processing Fee”) from your commission payout.
Payouts. This is when EPP users can expect to be paid.
No later than thirty (30) business days after the artwork sale, the Embrace Creatives platform will authorize the Seller to withdraw their eligible funds. At that time our Payment Processor Partners will facilitate the payout and the Seller will receive their Sales Commission, less Fees, and Other Deductions and Setoffs (defined below), if applicable. We will not be liable for delayed, rejected, or missed payouts that occur from the delay, failure, or contractual breach by you, a Payment Processor Partner or any other third-party provider.
If you would like to receive payouts sooner (before your event concludes), see Section 7.1 “Scheduled Payouts” for more information.
- Payout Methods. All sales that occur through the Embrace Creatives platform will be paid out by our 3rd party processor. There is a possibility that when a sale occurs through a private Embrace Creatives sale that a check will be used as payout.
- You (not we) are responsible for all losses if a check we issue to you is lost, stolen or otherwise fraudulently or erroneously obtained.
- You will reimburse us for all claims, losses, costs, and damages we incur regarding any check issued to you, including the issued check being cashed or deposited more than once as a duplicate payment.
- Acceptable Payout Methods. At this time, we are only using Stripe as our Payment Processor Partner. Our Payment Processor Partner may allow you to accept payments from card based payment networks, such as Visa®, MasterCard®, American Express®, and Discover® (collectively, the “Card Schemes“), and non-card based payment networks such as direct debit and other alternative forms of payment (the “Alternative Payment Frameworks“).
- Checks. If we issue you a check, you are responsible for maintaining security and control over it, and you must notify us within 24 hours of learning that the check was lost, stolen or fraudulently obtained.
- Additionally: False or Incorrect Information. We and our Payment Processor Partner rely on the information you provide to facilitate payment transactions on your behalf. If any account or card details that you provide to us or our Payment Processor Partners are incorrect, you must reimburse, indemnify, and hold us and our Payment Processor Partners harmless for any losses or expenses incurred by us relying on the incorrect information.
- Transaction Limits. We may need to set transaction limits for security reasons. For risk management, security, or to meet our Payment Processor Partners’ requirements, we may, from time to time, determine to impose a transaction limit on the amount of any given transaction that you process through EPP, and you authorize us to reject any transaction over that limit.
- Currencies. We only handle United States currency and do not provide currency conversion services. We only provide EPP for United States currency and for Sellers in the United States
If we determine that you are not qualified to use EPP but are otherwise qualified to use the Seller Services, we may notify you about switching to Check Payments as an alternate payment processing method.
7.3 Roles and Relationships.
- Our Role. We do not and will not provide you with banking, deposit taking, stored value, insurance or any other financial services other than serving as a limited payments agent as described above. Although we may show you your Sales Proceeds in your Embrace Creatives account, that balance merely reflects the Sales Proceeds collected by our Payment Processor Partner. This information does not constitute a deposit or other obligation of Embrace Creatives or any Payment Processor Partners to you and is provided for reporting and informational purposes only. You are not entitled to, and have no ownership or other rights in the balance displayed, until applicable funds are paid out to you in accordance with this Seller Agreement. You are not entitled to any interest or other compensation associated with such funds pending payout, whether processed through FPP or EPP.
- Your Obligations to Consumers. When a Consumer makes a payment (e.g., when they purchase your artwork) and that payment is then processed by our Payment Processor Partner, you will treat it the same as if the Consumer paid you directly. This means that you will provide the Consumer all goods as if you received the Sales Proceeds directly from the Consumer, regardless of whether you have received or ever receive the Sales Proceeds.
We, acting as your agent, are authorized to:
- hold, retain and pay out Sales Proceeds to you using our Payment Processor Partner;
- issue refunds to Consumers as set forth in this Seller Agreement, the Stripe Agreements, and any other Payment Processor Agreement;
- manage and dispute Chargebacks; and
- delegate our obligations to certain of our affiliated entities and/or partners within and outside the United States, provided that we remain liable to fulfill our obligations under this Seller Agreement.
We are not liable for any of your acts or omissions, and any obligation to pay you is conditional on you complying with this Seller Agreement, the Terms of Service, and Consumers’ actual payment of Event Proceeds.
7.4 Confirmations. You will honor confirmed orders place by Consumers on or through Embrace Creatives.
When an order is placed by a Consumer and confirmed through Embrace Creatives, we generate a sales message and issue a unique sales number. You must accept, honor and fulfill all commitments that have been confirmed through the Services. It is your responsibility to verify the sale item purchased, pack it securely for shipping, and address the package prior to it being shipped.
7.5 Escheatment. You could lose rights to your payouts if your payment method on file is not accurate or updates or you do not set up an account with our Payment Processing Partners.
Payouts will automatically be made to your payment method on file. If, for some reason, we cannot make a payout to that payment method and you fail to provide an updated, approved payout method for a period of time as set forth in applicable unclaimed property laws (e.g., escheatment), we will escheat the amount, after due notice, to the applicable government authority in accordance with applicable laws.
8. FEES, DEDUCTIONS, AND RESERVES
8.1 Fees. Here’s an overview of the fees we charge, which will be deducted from your sales commission.
- Payment processing fees. Our 3rd party processing partner charges fees when receiving buyer payments and when completing a Seller commission payout. Those fees will be split 50/50% between Embrace Creatives and the Seller.
- Fees may change from time to time with respect to transactions that occur following the change.
You are solely responsible for setting artwork prices that match the retail prices on your own website and all other 3rd party sales platforms and in any place you exhibit or showcase your art or products.
- Delays and Omissions. We strive to inform you in a timely manner of amounts due, but our failure to do so will not relieve you of your payment obligations.
If we omit in a statement or invoice a payment that you owe to us or any third party, it will not constitute a waiver of the right to that payment. You will still owe that payment and we may include it in a subsequent statement or invoice.
Embrace Creatives’ mission is to become the go-to source for curated, high quality art + objects – thoughtfully matching interior professionals and discerning buyers with diverse and exceptional, art products for their residential and commercial spaces.
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