Terms of Service

Marketplace Facilitator

Manifested.Art is a neutral marketplace platform. We connect Buyers and Sellers, securely hold funds, and release payments based on verified tracking data and Buyer confirmation. The platform does not package, inspect, or insure artworks and bears no liability for the condition, authenticity, transit damage, or non-delivery of any artwork. All responsibility for packaging, insurance, and shipment rests solely with the Seller. Any disputes regarding artwork condition, transit damage, or delivery are between the Seller, the Buyer, and the relevant shipping carrier. In the event of a return, responsibility for return packaging, shipping, and insurance rests with the Buyer. The platform bears no liability for loss, damage, or disputes arising from return shipments.

Risk Transfer

Risk transfers from the Seller to the Buyer once the package is marked "Delivered" by the carrier and either: (1) the 7-day inspection period has expired without a damage report or return request, or (2) the Buyer confirms satisfaction before that period expires.

Shipping Responsibility

The Seller acknowledges that they are the sole shipper of record for all transactions on the platform. Manifested.Art provides the marketplace and payment facilitation but does not take possession of, inspect, or package the artwork. The Seller assumes all risk of loss or damage until the Buyer confirms receipt of the artwork as expected or the 7-day inspection window expires.

Full-Value Coverage

The Seller must purchase third-party shipping insurance for the full retail value of the artwork for every shipment. This requirement is mandatory, not optional.

Shipping label cost coverage

The Seller incurs a cost for the shipping label. The amount of the shipping label is paid in full to the Seller once they have submitted valid tracking information to the platform.

Insurance Claims

In the event of transit damage, the Seller is responsible for initiating and managing the insurance claim with their chosen carrier. The platform is not responsible for the outcome of any insurance claims or the denial of coverage by a carrier.

Packaging Standards

The Seller agrees to follow the platform's packaging guidelines: glassine or acid-free paper directly on the artwork surface, moisture-resistant layer, at least two layers of large-cell bubble wrap with corner protection, and a double-walled corrugated cardboard box with at least 2 inches of cushioning on all sides.

Paperwork Packet

Every shipment must include a paperwork packet inside the box containing at minimum: (1) a bill of sale and (2) a Certificate of Authenticity signed by the artist. The Certificate of Authenticity must include the artist's name, title of the work, medium, dimensions, year of completion, and a signed statement of authenticity. Failure to include these documents may result in a dispute being resolved in the Buyer's favor.

Evidence Requirement

The initial 25% payment is released after platform review of the Seller's packaging photos and tracking confirmation. The Seller must email shipping@manifested.art attaching: (1) a photo of the artwork's condition, (2) the internal packaging with the artwork inside the open box, (3) the sealed box with shipping label visible, and (4) the tracking number and confirmation.

Indemnification

Failure to provide evidence of compliant packaging will result in the Seller being held strictly liable for any damage reported by the Buyer. In such cases, the platform reserves the right to refund the Buyer in full from the held funds.

Payment Flow

The Buyer pays a single price covering the cost of the painting and shipping. These funds are held in escrow by Manifested.Art until release conditions are met. Once the Seller submits valid tracking information, the platform releases: (1) 100% of the Seller's shipping label cost, and (2) 25% of the painting price. The remaining 75% of the painting price is released once the Buyer confirms satisfaction or the 7-day inspection window closes without a return request. Packing materials are not reimbursed. Platform fees are deducted from the Seller's proceeds before release.

Platform Fee

The platform retains 15% of the proposal price. The Seller receives the remaining 85%. This fee covers payment processing, platform operations, Buyer acquisition, and escrow services. The fee structure is disclosed before proposal submission.

Payment Finality

Once the Buyer confirms receipt or 7 days pass from the carrier's "Delivered" timestamp — whichever comes first — the sale is considered final and non-reversible. The platform shall have no further obligation or liability to the Seller or Buyer regarding that transaction. Completed payouts will not be reversed except in cases of verified fraud.

7-Day Inspection Period

Buyers have 7 days from the carrier's delivery timestamp to inspect the artwork and report any issues. The inspection period covers physical condition — damage, defects, or material misrepresentation.

Change-of-Mind Returns

Returns for change of mind are accepted only within the 7-day inspection period. The Buyer must return the artwork in its original packaging material and must purchase full-value freight insurance for the return shipment at their own expense. Upon confirmed receipt by the Seller in original condition, the Buyer will be refunded the painting price less: (1) the cost of the freight insurance the Seller originally purchased for the outbound shipment, and (2) a $150 restocking fee. Original outbound shipping is non-refundable.

Transaction Freeze

When a dispute is initiated, the automatic payment release is suspended. Remaining funds are held securely by the platform and the transaction status is marked as "In Dispute." Both parties must provide evidence within 24 hours of the freeze notice.

Evidence Requirements

24-Hour Evidence Rule

If a party fails to provide requested evidence within 24 hours of a freeze notice, the platform reserves the right to resolve the dispute in favor of the complying party.

Resolution: Damage in Transit

Resolution: Misrepresentation

If the artwork received materially differs from the proposal — wrong dimensions, different medium, or significant discrepancy not attributable to screen calibration — the Buyer may initiate a return. The platform reviews the proposal images against the Buyer's photographs. If misrepresentation is confirmed, the Buyer receives a full refund and the Seller is responsible for the cost of return shipping and insurance for the return shipment.

Resolution: Non-Delivery

If tracking shows the package was not delivered within 30 days of the shipping date, the Buyer receives a full refund. If tracking shows delivery but the Buyer claims non-receipt, the platform will review carrier documentation and may require a signed statement before issuing a refund. If the Seller has not uploaded tracking for 7 or more days after payment, the order is cancelled and the Buyer is refunded in full.

Resolution: Change of Mind

Final Decision

The platform's dispute resolution decision is final and binding on both parties. Decisions are based on the evidence provided and the terms outlined in this agreement. Repeated policy violations may result in account suspension or permanent removal from the platform.

Seller Vetting

All Sellers are reviewed before being granted access to submit proposals. The platform reserves the right to approve or reject applications at its sole discretion. Approved Sellers who violate platform policies may have their accounts suspended or removed.

Strike System

Policy violations result in strikes against the offending account. Two strikes result in permanent account removal. Strikes may be issued for: failure to ship within the required timeframe, failure to insure shipments, inadequate packaging leading to damage, misrepresentation of artwork, or other conduct violations. The platform reserves the right to suspend or remove any account at any time, for any reason, at its sole discretion.

Strict Prohibitions

The following conduct is strictly prohibited and may result in immediate account suspension, permanent removal, transaction reversal, forfeiture of held funds, and referral to law enforcement:

• Listing artwork you did not create, do not own, or do not have the legal right to sell
• Misrepresenting artwork in any material way — including medium, dimensions, condition, originality, edition status, or authorship
• Submitting reproductions, prints, or copies as original works
• Transacting with Buyers or sellers outside the platform to circumvent fees or platform protections
• Creating multiple accounts to evade suspension or platform restrictions
• Manipulating reviews, ratings, proposal rankings, or any platform metric
• Harassing, threatening, defaming, or defrauding any platform user
• Using the platform for money laundering, tax evasion, or any illegal purpose
• Knowingly listing, purchasing, or selling stolen artwork
• Submitting false, fabricated, or altered evidence in a dispute
• Sharing another user's personal information without consent

The platform's determination of prohibited conduct is final, may be made without advance notice, and is not subject to appeal.

Authenticity & Ownership

By listing artwork on the platform, the Seller represents and warrants that: (1) they are the original creator of the artwork or hold full legal title and the unconditional right to sell it; (2) the artwork does not infringe any third-party copyright, trademark, moral right, or other intellectual property right; (3) the artwork is authentic and accurately described in all material respects — including medium, dimensions, year of completion, edition status, and physical condition; (4) the artwork has not been reported stolen and is free of any liens, encumbrances, or competing ownership claims; and (5) the Seller has not made and will not make any representation about the artwork that is false, misleading, or deceptive.

Breach of Warranty

Any misrepresentation under this section may result in immediate account removal, full reversal of the transaction at the Seller's expense, forfeiture of all platform fees paid, and referral to applicable law enforcement authorities. The platform reserves the right to pursue all available legal remedies.

Liability Cap

To the maximum extent permitted by applicable law, the platform's total cumulative liability to any party for any and all claims arising out of or related to these terms, any transaction, or use of the platform shall not exceed the lesser of: (a) the total fees paid by the claimant to the platform in the 90 days preceding the claim, or (b) one hundred dollars ($100). This limitation applies regardless of the legal theory asserted — whether contract, tort, strict liability, statute, or otherwise — and even if the platform has been advised of the possibility of such damages.

Exclusion of Consequential Damages

In no event shall the platform be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to loss of profits, loss of data, loss of goodwill, or business interruption, arising out of or related to these terms or any transaction facilitated through the platform.

Governing Law

These terms are governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. Any legal action not subject to arbitration shall be brought exclusively in the state or federal courts located in Contra Costa County, California, and each party irrevocably consents to the personal jurisdiction of such courts.

Binding Arbitration

Except for disputes eligible for small claims court, any dispute, claim, or controversy arising out of or relating to these terms or any transaction on the platform shall be resolved exclusively by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. Arbitration shall be conducted in Contra Costa County, California. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

Class Action Waiver

You waive any right to participate in a class action lawsuit or class-wide arbitration against the platform. All claims must be brought in your individual capacity only, not as a plaintiff or class member in any purported class or representative proceeding.

Arbitration Opt-Out

You may opt out of the arbitration requirement within 30 days of first using the platform by emailing admin@manifested.art with the subject line "Arbitration Opt-Out." Opting out does not affect any other provision of these terms.