Terms & Seller Agreements
This agreement states the terms upon which Distinctive Living Magazine, Inc.'s website http://www.jewelersrow.co ("JewelersRow"), will exhibit, market and sell the work of the Seller ("Seller"), and Seller's commitments to JewelersRow in consideration thereof.
JewelersRow exhibits, markets and sells art, crafts and home decor via JewelersRow’s websites, magazines, e-mail, affiliate programs, publications, and other media. JewelersRow offers two different types of Studios, a "Commission Studio" or a "Commission Free Studio". Each Studio has different terms, pricing, features & benefits. Seller can select which Studio type they prefer and can switch from a Commission Free Studio to a Commission Studio or vice versa. All pending orders and inquiries are subject to the terms & conditions of the Studio type in effect at the time they were made. JewelersRow provides Seller with access to the JewelersRow website, a venue to connect with potential buyers and, based upon their Studio type, other features that may include sales and transaction processing services, presence on JewelersRow’s website, eligibility in magazines and online promotions and a money-back guarantee for the work of Seller to customers of JewelersRow. In consideration thereof, Seller agrees to the following terms and conditions:
1. Seller Rights & Content
a. "Content" includes the images, graphics, text, software, scripts, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials Seller may view on, access through, or contribute to JewelersRow.
b. Seller shall be solely responsible for Seller's own Content and the consequences of submitting and publishing Seller's Content on JewelersRow. Seller affirms, represents, and warrants that Seller owns or has the necessary licenses, rights, consents, and permissions to publish Content Seller submits; and Seller licenses to JewelersRow all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for publication and marketing pursuant to these Terms.
c. For clarity, Seller retains all of Seller's ownership rights in Seller's Content. However, by submitting Content to JewelersRow, Seller hereby grants JewelersRow a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and print the Content in connection with JewelersRow’s services and JewelersRow’s (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of our services (and derivative works thereof) in any media formats and through any media channels. Seller also hereby grants each user of JewelersRow a non-exclusive license to access Seller's Content through our services, and to view and link to such Content as permitted through the functionality of our services and under these Terms. The above licenses granted by Seller in Content Seller submits to JewelersRow terminate within a commercially reasonable time after Seller removes or deletes Seller's Content from JewelersRow. Seller understands and agrees, however, that JewelersRow may retain, but not display, distribute, or print, server copies of Seller's Content that has been removed or deleted. The above licenses granted by Seller in user comments Seller submits are perpetual and irrevocable.
d. Seller further agrees that Content Seller submits to JewelersRow will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless Seller has permission from the rightful owner of the material or Seller is otherwise legally entitled to post the material and to grant JewelersRow all of the license rights granted herein.
e. Seller further agrees that Seller will not submit to JewelersRow any Content or other material that is contrary to these Terms or any guidelines posted on JewelersRow or contrary to applicable local, national, and international laws and regulations. Any violation in these areas is the Seller's responsibility and Seller will indemnify JewelersRow for any costs and expenses JewelersRow may incur arising from such violations (including, without limitation, all attorneys' fees).
f. JewelersRow does not endorse any Content submitted to JewelersRow by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and JewelersRow expressly disclaims any and all liability in connection with Content. JewelersRow does not permit copyright infringing activities and infringement of intellectual property rights, and JewelersRow will remove all Content if properly notified that such Content infringes on another's intellectual property rights. JewelersRow reserves the right to remove Content without prior notice.
2. Availability of Seller's Work
a. Seller must maintain that all work marketed through JewelersRow is available for sale as depicted and described and that Seller can meet obligations for shipping all purchased items within established time lines.
b. If an item cannot be produced, if it is changed in appearance or description, or in the case of a one-of-a-kind work, if the item becomes unavailable for sale, the Seller must immediately replace or remove the item.
c. Seller is responsible for following prescribed procedures and utilizing tools provided by JewelersRow for managing all listed items available for sale, including images and descriptions of work, pricing, and estimated shipping deadlines.
d. The Seller will promptly acknowledge all orders and will notify JewelersRow if shipment is not possible on or before the Estimated Ship Date.
JewelersRow offers a no fee, 25% upon sale commission plan (Commission Studio).
a. Seller is responsible for setting the retail price and shipping price for his/her work. Seller will receive these amounts plus any shipping fees selected by the customer less 25% commission of the entered retail price. Standard credit card payment (currently PayPal) transaction fees "transaction fees" will also be charged to the Seller. JewelersRow intends to earn 25% commission on the retail price of all sales while maintaining a consistent retail price with the Seller's own online store or Seller's other online stores. Please consider this when submitting your retail price to JewelersRow as the retail price featured with us must be the same or less than any other internet listing of the same item. Converting to an JewelersRow Commission Free Studio eliminates mark ups and commissions on your work and may allow you to offer better prices on JewelersRow while maintaining prices consistent with your other venues. JewelersRow will list the total sale price which includes the retail price and the shipping price entered by the Seller.
b. Seller is responsible for all costs of his/her work, including packaging for shipment and shipping costs. Retail & Shipping prices should be set accordingly. In the event that an item requires a custom shipping quote, Seller should enter "0" for the Shipping Price and note the Item Description that shipping is not included on this item and for potential buyers to contact JewelersRow for an accurate shipping quote prior to purchasing the item.
c. Seller may change the retail price of his/her work at any time.
4. Payment Terms
a. JewelersRow holds payments in escrow for 30 days during the review period to protect buyer and seller. Seller will receive payment 30 days after the buyer receives the order. Payment options are listed on the transaction emails after an order is placed.
b. JewelersRow permits customers to return items (except for custom orders) as long as JewelersRow is notified within 30 days of delivery or, for holiday orders, by January 31st following the Holiday season. Seller agrees to accept all returns as authorized by JewelersRow.
c. Seller agrees to inspect returns promptly. In the event that work is damaged during the return process, Seller should contact JewelersRow immediately.
d. JewelersRow will not be held responsible for items damaged in the return process. Seller should provide shipping insurance. If work is damaged by the customer, or damaged in transit because of poor packing by the customer, JewelersRow will not credit the customer for the return and will pay Seller as soon as the matter is resolved with the customer.
5. Packaging & Shipping
a. Seller will ship items directly to buyers.
b. JewelersRow currently does not charge buyers for shipping and handling. The Seller should consider their own shipping, handling and insurance costs when setting their prices with JewelersRow.
c. Seller is responsible for all costs of his/her work, including packaging for shipment and shipping costs. Retail and Shipping prices should be set accordingly. In the event that an item requires a custom shipping quote, Seller should enter "0" for the Shipping Price and note the Item Description that shipping is not included on this item and for potential buyers to contact JewelersRow (or Commission Free Studios directly) for an accurate shipping quote prior to purchasing the item.
d. JewelersRow never assumes ownership (title) and risk for Seller's work. In the event of damage in transit to the buyer, the Seller should file a damage claim with their carrier and notify JewelersRow immediately. If a duplicate or similar item can be shipped to the satisfaction of the buyer, the Seller will be entitled to keep payment received for the sale; otherwise no sale will have occurred. The Seller agrees to refund all payments to buyer or JewelersRow if appropriate.
e. Seller accepts the responsibility of packaging each item properly, using guidelines of their contracted shipping carriers. If an item is damaged in transit and was not properly packaged, the Seller will NOT be entitled to keep any payments from the sale and will immediately refund payments to buyer or JewelersRow if appropriate.
6. Advertising & Promotion
a. JewelersRow advertises and promotes the work of Sellers in a variety of ways, including permitting other websites to display images or link to JewelersRow website, magazines, media advertising, publicity (including press releases and placement of photos in media stories), newsletters, social media and emails or feeds to prospective customers. Seller authorizes JewelersRow to use, copy, modify, distribute, and publicly display images of Seller and Seller's work, as well as attribute the work to Seller by use of Seller's name, picture, or seller's information.
b. Seller authorizes JewelersRow to use images of Seller's work in publications that may be offered free or sold to the Trade or Public, and to attribute the work to Seller.
c. Seller agrees to provide digital photography for each item submitted to JewelersRow and authorizes JewelersRow to use these images in magazines, books, videos or any other Media JewelersRow deems appropriate to promote Seller's work.
d. Photography credits will NOT accompany images used for publicity by JewelersRow.
7. Magazine Terms
a. JewelersRow may choose to feature the work of Sellers that have chosen the Commission Free Represented Status in one of JewelersRow’s print magazines.
8. Communication Between Seller and JewelersRow
a. JewelersRow will communicate with the Seller primarily through email and JewelersRow’s website. Seller must maintain an active email address and a computer with Internet access. Seller must learn how to use JewelersRow’s web tools to: receive orders, confirm scheduled ship dates, ship merchandise and to maintain accurate turnaround times.
b. Seller must inform JewelersRow of any other circumstance that would affect the fulfillment of orders. Wherever possible, Seller should use the communication tools provided by JewelersRow to notate these circumstances.
9. Communications with Customers
a. Orders received from customers, and all information about those orders and customers, are the property of JewelersRow. Commission Free Sellers can contact and deal directly with JewelersRow buyers in whatever manner they choose.
b. Commission Studio Sellers will not contact customers directly, for any reason other than to ship the ordered items, unless requested and authorized by JewelersRow.
10. Internet Restrictions
a. Seller agrees NOT to pay for or bid on merchant-trademarked keywords and/or brand terms (i.e. JewelersRow, JewelersRow.co, DistinctiveLiving.com or any misspellings or reasonable derivations of these terms) on any search engine as part of a paid search or pay per click campaign.
11. Hazardous Materials
a. Seller's work must comply with all applicable rules and regulations and be safe and fit for the intended use.
b. If Seller uses products or materials known to be hazardous to humans or animals under any circumstance, Seller agrees to notify JewelersRow so that information can be provided to buyers.
12. Term & Termination
a. The term of this agreement is perpetual unless superseded by a new contract or terminated by either party with 30-days notice. If Seller's work has been selected for a Magazine, Seller agrees to maintain pricing with JewelersRow for one month before through one month after the live dates of the Magazine.
b. If a seller does not meet active membership or quality obligations, JewelersRow retains the right to terminate the contract and remove Seller's work from website, magazines and any other media without notice.
c. The warranty and indemnification provisions shall survive termination with respect to any actions arising from activities prior to the termination.
a. To the extent that either party provides services to the other, the parties are independent contractors. This agreement does not constitute a joint venture or partnership between the parties.
b. Neither party nor its employees or agents are employees or agents of the other party.
c. The Seller is responsible for filing his/her own tax returns and all other requirements normal to an independent businessperson.
d. The validity, construction, and enforcement of this agreement will be determined in accordance with the laws of the state of Pennsylvania, USA, without reference to its conflicts of laws principle.
e. The provisions of this agreement shall be considered severable, so that the invalidity or unenforceability of any provisions will not affect the validity or enforceability of the remaining provisions, provided that no such severability shall be effective if it substantially changes the economic benefit of this agreement to either party.
f. The failure of either party to require the performance of any item or obligation of this agreement, or the waiver by either party of any breach of this agreement, shall not act as a bar to subsequent enforcement of such term of obligation or be deemed a waiver of any subsequent breach.
g. This agreement is the entire agreement between the parties with regard to the subject matter of this agreement, and supersedes and incorporates all prior representations, understandings, or agreements, and may not be modified or amended.
h. JewelersRow retains the right to edit or reject specific pieces of submitted work, descriptions, or seller statements, in order to maintain standards and awareness.
i. JewelersRow retains the right to remove the Seller or Seller's work for any reason including not updating contact information, regular submission of new work, submission of quality photographs, or any contract violations.
Terms & Fees
Commission Studio Fees
Seller agrees to pay JewelersRow a commission of 25% of the Retail Price of the item price upon sale.
Seller agrees to incur the cost of standard credit card or transaction processing fees (PayPal Fees) upon sale of any item. These fees are not set by JewelersRow and may change at any time. JewelersRow currently accepts payments via PayPal. Current PayPal fees are 2.9% + $0.30 of the total sales price on any transaction and will be deducted from the amount paid to Seller. For a list of current fees [click here].
JewelersRow does NOT charge per-item listing fees.
Insertion in JewelersRow Magazine(s)
Commission Free Studio's items may be selected to appear in an JewelersRow magazine. JewelersRow agrees to waive all magazine insertion fees.
Amended November 11, 2016