Seller Policy

Wallace Seller Policy 

(Last Revised July 23, 2023)

WallaceTM is an online platform for the sale of curated art and wall decor. We want you to have a great experience working with Wallace, so please read the following Seller Policy (also referred to as “terms and conditions”) carefully. By participating as a Wallace seller, you agree to the below terms and conditions. 


Your Work

  • Permission to Sell your Work: You grant Wallace permission to sell art, wall decor, or other pieces you create (your “work”) on your behalf. When you agree to add a new work to the Wallace platform, Wallace will determine the price for which it will sell the work, and how best to market it/present it for sale. 

  • Original Work Only: All products which you add to the Wallace platform must be your original work, which you have designed and which you have all rights to sell, and may not infringe on anyone else’s intellectual property. You agree to indemnify Wallace for any claims of actual or alleged infringement of intellectual property rights (meaning that if Wallace incurs liability as a result of you infringing upon someone else’s intellectual property, you’ll reimburse us for that cost).

  • Transparency: Transparency with customers is a key reason customers choose us, so your transparency with us helps ensure we can convey accurate information to customers. Therefore, you must be transparent and truthful about your involvement in creating each work and how it was made (and to what extent it is handmade). You should disclose the following to Wallace, along with anything else which allows us to fully understand how your work is made:
    • What materials you use in creating your work (e.g. acrylics on a cotton canvas);
    • What methods you use in creating your work (e.g. collage and watercolors);
    • If you used a printer in the development of your work; and
    • If someone else is directly involved in creating your work (for example, if another person painted some/all of a painting). Assistance with administrative tasks (i.e. helping you set up paint) does not need to be disclosed. 
    • When you provide photographic renderings of a piece vs. a photograph of an actual piece.

    Wallace does not assume any responsibility or liability for the accuracy or content of product listings based on information you provide to us.

     

  • Depictions of Your Work: In providing Wallace with photographs, renderings, and/or videos of your work (“depictions”), you may only use your own content (of which you are the sole owner) and may not provide Wallace with any such depictions that belong to anyone else. By providing any depictions to Wallace, you provide Wallace with a perpetual license to use and enhance those depictions at Wallace’s sole discretion (including but not limited to inclusion on the Wallace website, social media channels, and/or in advertisements or marketing). In other words, you give us permission to use these depictions elsewhere as necessary. Wallace does not assume any responsibility or liability for the accuracy of depictions, based on information you provide to us.

  • Honoring Other Agreements: You agree that by providing your work and depictions of your work to Wallace, you are abiding by all other terms to which you are subject, and are not violating any agreements which restrict you from providing that work/depictions of work to Wallace (for example, from another platform). 

  • No Secondhand Work: Wallace is not a reseller; we only sell new work. You may not provide Wallace or Wallace customers with any used or secondhand work and must only provide new work.

  • Legal Compliance: You must at all times comply with all applicable laws, regulations, standards, rules, and conventions related to your work and your relationship with Wallace and our customers. This includes but is not limited to local and international laws and conventions prohibiting child labor, involuntary labor, or inhumane working conditions. You may not live or work in (or utilize any materials or assistance from) a country appearing on any U.S. Office of Foreign Assets Control (“OFAC”) list which would prohibit the sale of your work in the United States of America. Likewise, you may not appear on or benefit from any person or entity on any such OFAC list. Wallace is not responsible for your compliance with any of the provisions in this section.

  • No Harmful Substances: You agree not to include any harmful or toxic materials, substances, paints, finishes, etc., in any of your work, including but not limited to lead paint or harmful levels of cadmium. Wallace follows the guidance provided by the U.S. National Institutes of Health in determining which substances are safe; you must do the same. In no event will Wallace be liable for your non-compliance with this provision. 

  • Discretion to List: Wallace retains discretion in choosing whether to list your work on the Wallace platform and, if listed, may remove your work from the Wallace platform at any time for any reason. Once you have listed a work on Wallace’s platform, you may not sell that work directly to an Wallace customer or potential customer.

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    Managing your information and inventory on Wallace

    • Accurate Representation: Each Wallace artist or artisan is required to provide Wallace certain information which it will upload to the Wallace platform. You agree to provide Wallace truthful and accurate information about your work, your biography, and your background and grant us the right to use that information as we see fit in marketing your work and/ or Wallace. 
    • Photographs: You agree to provide multiple high resolution photos of each work sold through Wallace. You also give Wallace permission to alter these photos if necessary. Note: Please provide numerous photos of the whole piece as well as zoomed in individual elements (e.g. brushstrokes and key visual elements of the piece). 
    • No Price Coordination: You agree not to coordinate pricing with others that sell on Wallace.
    • Inventory: You agree to indicate whether you are creating your work on a made-to-order basis or selling your work from existing inventory. If you are selling from existing inventory, you must keep Wallace updated as to the amount of inventory you hold. If you list a 1 of 1 (original piece) on Wallace and it is sold on another platform, you agree to alert us as soon as possible. If it is sold before we are able to remove it from our site, you agree to create a similar piece to fulfill the order. In all cases, you must abide by Wallace’s turnaround time policy as specified below. 
    • No Guarantees: Wallace makes no guarantees as to how many orders may be placed on work which you list on the Wallace platform, although it is in our mutual best interest to make attempts to sell as much as possible.  
    • Order Fulfillment: You agree to fulfill any orders placed on the Wallace site in a timely fashion, in keeping with the below guidelines, except in the event of a “force majeure” event. The following contingencies would be considered a force majeure event:
    • War, terrorism, or other civil unrest;
    • Government action, such as embargoes, import or export restrictions, or currency controls;
    • Natural disasters, such as fires, floods, and earthquakes;
    • Power outages outside of the normal course;

    In the event of a force majeure event, you must use reasonable efforts to attempt to fulfill all orders as quickly as possible and to keep Wallace and buyers informed as to the reason for any delay. 

    If you have already been paid, in part or in full, upon the occurrence of a force majeure event which prevents you from completing that work and shipping it out, you agree to refund that amount until you are able to complete the work.

    Customer Service

    A great customer experience is a key reason why customers choose Wallace. As an Wallace seller, it is integral that you provide exemplary customer service.

    • Turnaround: You agree to abide by agreed-upon turnaround times to produce and ship your work. Our standard turnaround time is 10 days from order placed to order shipped by the artist or artisan and any deviation from this time period requires Wallace’s written approval, either in the Order Form or another written document. 
    • Customer Requests: If you are asked to send a photograph of a work to the customer or Wallace, you agree to do so before the work ships. You also agree to make minor modifications at the request of the customer. 
    • Communicating with Customers: You should only communicate with customers at the direction of Wallace (and for no other purposes, except as related to the customer’s order). For example, you cannot take an email address provided by Wallace and add that person to your mailing list, given that we do not have permission from the customer to allow you to do that.
    Shipping
    • Shipping Costs: You agree to include shipping costs (and related costs such as packing materials and any incidental fees/duties/taxes) in the total fee that you charge Wallace for each piece. Any items subject to import duties/taxes must be paid by the sender, and this must be included in the cost you quote us. Please note that most original art is not subject to import duties in the United States, but you should confirm whether your work is subject to duties or not. (Currently, all shipping destinations are in the United States.) 
    • Shipping Method: If shipping to our framer, you agree to select shipping methods that arrive within 5 days and to provide Wallace with tracking information. If shipping directly to the customer, you agree to select shipping methods that arrive in less than 7 days and also to provide Wallace tracking information.
    • Shipping Insurance: You agree to either insure the pieces you send, or, if you opt out of insurance, you agree to replace all lost or damaged work in a timely fashion. If a work is damaged prior to delivery to the customer, the customer may elect for you to repair it; if so, you agree to pay for all shipping and repair costs and to repair the work as soon as commercially practicable.
    • Damage: We require customers to alert us of such damage within 24 hours of receiving their work. You agree to replace any work or portion of work (if replacing a portion is possible) that is damaged before it arrives with the customer. Any damage done to the frame is not your responsibility. 
    Invoicing
    • Invoice Schedule: Please send invoices on the first of each calendar month for all work ordered in the previous month to matt@Wallaceart.co. Invoices should be made out to Harbinger Strategy, 70 Washington Street, Suite 4L, Brooklyn, NY, 11201 USA. 
    • Payment Schedules: Undisputed invoices are paid net 30 days. Please include your name, address, and payment instructions. US payments are made via Venmo. International payments are made through Wise (formerly TransferWise).
    Privacy and Personal Information; Confidentiality
    • Customer Information: You may only use the personal information (name, telephone number, email address, physical address, etc.) of Wallace customers in order to fulfill orders made through the Wallace platform and contact customers or potential customers as necessary in order to fulfill those orders or answer any questions about them. In no event may you contact customers unsolicited (or unprompted by Wallace). You must keep all personal information strictly confidential and may not use this personal information for any other purpose. This includes but is not limited to selling works directly to these individuals, and may in no instance share this personal information with any other person or entity. You must also use all reasonable efforts to safeguard such personal information and keep it secure at all times while in your possession. Further, you agree to adhere to all applicable legal requirements pertaining to such personal information, including in your home jurisdiction as well as the jurisdiction in which the customer resides. You indemnify Wallace for any misappropriation or other liability resulting from your handling or use of customers’ personal information (meaning that if Wallace incurs any liability as a result of your actions related to customer information, you’ll reimburse us for that cost).
    • Confidential Information: In the course of participating as an Wallace seller, you may learn or receive information and material from Wallace which is confidential or proprietary (this information and material may be expressly marked as confidential or proprietary or may be provided under circumstances reasonably indicating that it is confidential or proprietary). You agree to hold all such information and material in confidence and may not disclose it to any other third party. 

    Malicious Behavior

    You agree not to engage in any malicious behavior directed at other Wallace sellers, customers, or Wallace itself. This includes through any communications with Wallace or Wallace’s customers, through content uploaded to Wallace’s platform, or otherwise. Malicious behavior includes but is not limited to the following: 

    • Purchasing another seller’s work for the principle purpose of leaving a negative review
    • Excessively clicking on Wallace ads for another seller’s work to deplete advertising budgets
    • Disparaging Wallace, Wallace customers or prospective customers, or another seller in your communication with customers or potential customers, other Wallace sellers, on social media, or otherwise
    • Any abusive, discriminatory, or offensive comments or content
    • Anything that infringes another party’s intellectual property rights
    • Unsolicited advertising or spam
    Returns and Cancellations
    • Canceled Orders: To help ensure a positive customer experience, Wallace does not allow sellers to cancel orders once they have been placed by customers. We will make limited exceptions under extremely rare and extenuating circumstances, on a case by case basis. 
    • Returns: Wallace may allow customers to return pieces to us. 

    Art: we recognize most art pieces are made to order so we will not return the work to you, nor will we ask you to refund us for any payments unless the work was not made to the specifications promised. In such a case, you will need to replace the work with one which is made to the original specifications in a reasonable amount of time and pay for shipping and all other associated costs.  

    Other Wall Decor (e.g. Mirrors): You grant us the right to return all pieces to you for a full refund within 30 days of receipt by the customer. You are not responsible for return shipping costs. 

    Your Relationship with Wallace

    By selling on Wallace, you are not an employee of Wallace or Harbinger Strategy and are acting as an independent contractor. This means that you are responsible for your own taxes, insurance, and other business expenses, for setting your own hours, and working from your own location.

    We do not have any control over how you perform your work, and you are solely responsible for your own actions and omissions. Wallace is not liable for any damages that you cause to any third party.

    Violation of This Policy

    If you violate any terms of this policy, we retain the right to take action including but not limited to barring you from participating as an Wallace seller either temporarily or permanently and canceling any pending orders. 

    Dispute Resolution

    Any dispute arising out of or relating to this policy or our relationship shall be resolved by binding arbitration in accordance with the rules of the American Arbitration Association ("AAA"). The arbitration shall be held in New York, NY, and the decision of the arbitrator shall be final and binding on the parties. In the event that there are any claims between us that aren’t subject to arbitration, you agree to the jurisdiction of the state and federal courts located in New York, NY, which shall adjudicate such claims under New York law. 

    Assignment

    You may not assign your rights or obligations under these terms and conditions to any other individual or entity. Wallace may assign its rights and obligations under these terms and conditions to another party, including a successor in interest, without your consent. 

    No Warranties; Limitation of Liability

    In terms and conditions like these, there are generally legal terms which limit the liability and type of liability actionable between parties in the event of a dispute. (We don’t anticipate any type of dispute between us, but our lawyers tell us that we need to include this language anyway). YOU UNDERSTAND THAT Wallace’S SERVICES ARE PROVIDED “AS IS” AND "AS AVAILABLE" WITHOUT ANY KIND OF WARRANTY (EXPRESS OR IMPLIED) (in other words, you use our services as we provide them to you). Wallace EXPRESSLY DISCLAIMS ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ANY WARRANTIES IMPLIED BY A COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE (in other words, there are certain legal warranties beyond the normal course of commerce which we don’t provide). Wallace DOES NOT GUARANTEE THAT: (I) THE SERVICES PROVIDED HEREUNDER WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) THE SERVICES WILL BE FREE OF VIRUSES OR OTHER HARMFUL MATERIALS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR EXPECTATIONS. YOU USE THE Wallace PLATFORM SOLELY AT YOUR OWN RISK (in other words, you use our platform at your own risk, and we can’t guarantee that it will always be operable). TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER Wallace NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBSIDIARIES, PARTNERS, OR AFFILIATES SHALL BE LIABLE TO YOU FOR ANY LOST PROFITS OR REVENUES, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR THESE TERMS AND CONDITIONS (in other words, we won’t be liable to you for speculative damages which are outside of our direct control). IN NO EVENT SHALL Wallace'S AGGREGATE LIABILITY FOR ANY DAMAGES EXCEED THE AMOUNT Wallace EARNED FROM THE SALE OF YOUR WORK IN THE 6 MONTHS PREVIOUS TO ANY ACTION GIVING RISE TO THE LIABILITY (in other words, if we are found liable to you, any damages would be capped at the amount of money from the sale of your work through our platform for the six months prior).

    Miscellaneous

    These are a few other terms that our lawyers told us we really should include: Except for any order agreements or forms between you and Wallace (which incorporate these terms and conditions by reference), these terms and conditions supersede any other agreement or understanding between you and Wallace related to your participation as a seller on the Wallace platform (in other words, you should think of this Seller Policy as your contract with Wallace). If any part of these terms and conditions is found to be unenforceable, that part will be limited to the minimum extent necessary and is severable so that the remainder of these terms and conditions will remain in full force and effect (in other words, if for some reason a court says that something in this policy shouldn’t be valid, that doesn’t mean that the rest of the policy is also invalid). Wallace’s failure to enforce any part of these terms and conditions is not a waiver of our right to enforce any other part of the terms and conditions (in other words, if for some reason we give you a pass on one of these terms, that doesn’t mean we’re releasing you from the entire policy). Wallace may modify these terms and conditions from time to time at its discretion. By continuing to participate as an Wallace seller after we modify them, you indicate that you have accepted our modification(s). Your continued participation as an Wallace seller following such modification(s) shall be construed as acceptance of the modified Wallace Seller Policy. If you do not agree with the modification(s), you unfortunately won’t be able to work with us anymore. Wallace is operated by Harbinger Strategy, LLC. 

    Contact

    If you have any questions about these terms and conditions, please contact Matthew Listro, at matt@Wallaceart.co.