Seller Agreement

1. Agreement to Terms

This Seller Agreement ("Agreement") is a legally binding contract between you ("Seller," "Creator," "you") and RedPhantomOps LLC, a Florida limited liability company ("Company," "we," "us"), governing your use of the Artistico marketplace platform (the "Platform") as a seller or creator.

By registering as a creator on Artistico, you acknowledge that you have read, understood, and agree to be bound by this Agreement, our Terms of Service, our Privacy Policy, and our Payment Terms. This Agreement supplements the Terms of Service; in the event of a conflict between this Agreement and the Terms of Service, this Agreement prevails with respect to seller-specific matters.

2. Eligibility

To sell on Artistico, you must:

• Be at least eighteen (18) years of age, or the age of majority in your jurisdiction (whichever is greater).
• Have the legal authority to enter into binding contracts and to sell the items you list.
• Complete Stripe Connect onboarding and maintain an active, verified Stripe Express account for receiving payouts.
• Provide accurate and complete information during creator registration.

3. Seller Responsibilities

As a Seller on Artistico, you are responsible for:

• Accurate Listings: All product listings must accurately represent the item being sold, including descriptions, images, materials, dimensions, and pricing. Misleading or deceptive listings are prohibited.
• Quality: Products must be of the quality represented in the listing. Handcrafted and custom items should meet reasonable standards of craftsmanship.
• Inventory Management: Maintaining accurate inventory counts. You must not accept orders for items you cannot fulfill.
• Legal Compliance: Complying with all applicable federal, state, and local laws, including product safety regulations, labeling requirements, and intellectual property laws.
• Customer Communication: Responding to buyer inquiries in a timely manner (within 48 hours).

4. Prohibited Items

The following items may not be listed or sold on Artistico:

• Illegal goods or items that violate federal, state, or local law.
• Weapons, ammunition, explosives, or items designed to cause harm.
• Controlled substances, drugs, drug paraphernalia, or tobacco products.
• Hazardous materials or recalled products.
• Counterfeit, replica, or unauthorized reproductions of branded items.
• Items that infringe upon third-party copyrights, trademarks, or other intellectual property rights.
• Items requiring special licenses or permits unless you hold valid documentation.
• Sexually explicit or adult content.
• Live animals or products derived from endangered species.

We reserve the right to remove any listing and suspend any account that lists prohibited items, without prior notice.

5. Shipping Obligations (Physical Products)

For physical products, you agree to:

• Ship items within the timeframe stated in your listing, or within five (5) business days of order confirmation if no timeframe is specified.
• Provide a valid tracking number to the buyer for all shipments.
• Accurately represent shipping costs in your listings. Overcharging for shipping is prohibited.
• Package items securely to prevent damage during transit.
• Comply with all applicable shipping carrier terms and conditions.
• For international orders (to the US, Canada, United Kingdom, or Australia): clearly disclose any customs duties or additional fees the buyer may incur.

6. Digital Product Delivery

For digital products and templates, you agree to:

• Ensure all files are functional, virus-free, and match the listing description.
• Maintain download availability for a minimum of twelve (12) months after purchase.
• Clearly disclose file formats, software requirements, and any limitations.

7. Commission Work

If you offer commission work, you must:

• Clearly state the turnaround time, number of included revisions, scope of work, and any conditions before accepting payment.
• Deliver commissioned work within the stated timeframe, or communicate delays promptly to the buyer.
• Maintain your own clear refund/cancellation policy for commission work.

8. Pricing & Fees

• Pricing: You set your own product prices. The minimum listing price is $0.50 USD.
• Platform Fee: Artistico deducts a five percent (5%) marketplace commission on each completed sale. This fee is calculated on the total sale price and deducted before payout.
• Stripe Processing Fees: Stripe charges additional payment processing fees that are deducted from the transaction. These fees are set by Stripe and are not controlled by us.
• Seller Payout: You receive ninety-five percent (95%) of the sale price, minus Stripe processing fees, via your Stripe Connect Express account.
• Payout Timing:Payouts are processed per Stripe's default schedule (typically two (2) to seven (7) business days after payment). Payout timing is controlled by Stripe and not by Artistico.

See our Payment Terms for complete payment details.

9. Refund Handling

• You must respond to all refund requests within forty-eight (48) hours.
• For physical product returns due to seller error (damage, misdescription): you must provide return instructions and bear the cost of return shipping.
• For digital product issues: you must attempt to resolve the issue (e.g., re-send file, provide corrected version) within 24 hours.
• If you fail to respond to or unreasonably deny a valid refund request, the Platform reserves the right to issue a refund on your behalf, deducting the refund amount from your pending payouts or future earnings.

The 5% Platform Fee is not returned to the Seller in the event of a refund. See our Refund Policy for buyer-facing refund procedures and timelines.

10. Intellectual Property

• Ownership Warranty: You represent and warrant that you are the sole owner or hold valid license rights to all content, designs, images, and products you list on the Platform, and that such content does not infringe the intellectual property rights of any third party.
• Platform License: You grant RedPhantomOps LLC a non-exclusive, worldwide, royalty-free license to display, reproduce, and distribute your listing content solely for the purposes of operating, marketing, and promoting the Platform and your products.
• Indemnification:You agree to indemnify and hold harmless RedPhantomOps LLC from any claims, damages, or expenses (including attorneys' fees) arising from intellectual property infringement related to your listings.
• DMCA Compliance: You must comply with the Digital Millennium Copyright Act. Repeat infringement will result in account termination.

11. Taxes

• You are solely responsible for determining, collecting, and remitting all applicable taxes on your income from sales through the Platform.
• Artistico may issue IRS Form 1099-K to sellers who meet the applicable IRS reporting thresholds.
• Where required by applicable marketplace facilitator laws, Artistico will collect and remit sales tax on behalf of Sellers.
• You are responsible for maintaining accurate financial records related to your sales.

12. Account Suspension & Termination

We may suspend or terminate your seller account for any of the following reasons:

• Violation of this Agreement or the Terms of Service.
• Fraudulent activity or deceptive practices.
• Intellectual property infringement or repeat DMCA violations.
• Excessive chargebacks, disputes, or unresolved refund requests.
• Listing prohibited items.
• Extended inactivity (180+ days with no listings or sales).

Enforcement Process

For non-critical violations, our general enforcement process is:

1. Written warning with explanation of the violation.
2. Temporary suspension (7–30 days) for repeated or serious violations.
3. Permanent account termination for continued violations.

For severe violations (fraud, illegal activity, safety concerns), we may bypass the warning process and immediately suspend or terminate your account.

Appeal Process

You may appeal a suspension or termination by contacting seller-support@redphantomops.com within fourteen (14) days of the action. Appeals will be reviewed within ten (10) business days.

Outstanding Payouts

Upon termination, outstanding payouts for completed, undisputed orders will be disbursed per the normal Stripe payout schedule. Payouts may be held for orders that are subject to active disputes or chargebacks.

13. Representations & Warranties

By listing products on Artistico, you represent and warrant that:

• All products are safe for their intended use and comply with applicable product safety regulations.
• All listing information is accurate, truthful, and not misleading.
• You have the legal right to sell the products you list and to transfer title and possession to buyers.
• Your activities on the Platform comply with all applicable laws and regulations.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, REDPHANTOMOPS LLC SHALL NOT BE LIABLE TO SELLERS FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES, ARISING FROM: (A) BUYER DISPUTES OR CHARGEBACKS; (B) CHANGES TO THE PLATFORM, FEES, OR POLICIES; (C) STRIPE OUTAGES, PROCESSING ERRORS, OR PAYOUT DELAYS; (D) MARKET CONDITIONS OR CHANGES IN DEMAND; OR (E) ANY THIRD-PARTY ACTIONS OR CONDUCT.

15. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, without regard to conflict of law provisions. Disputes are subject to the dispute resolution procedures outlined in our Terms of Service (Section 12), including binding arbitration and class action waiver.

16. Contact

For questions about this Seller Agreement, contact: