Minor 5 Emporium Terms & Conditions

Introduction

Minor 5 Emporium is a marketplace that empowers artisans, curators, and authors to sell their original goods and authentic curated antiques to customers all over North America.

For this creative hub to exist, it is crucial that all Minor 5 Emporium users respect the intellectual property rights of others. You must only upload content you created yourself or antiques of authenticity, or content you have been authorized to use.

Please read our Terms & Conditions below, as using this website means that you accept these terms in full. Please email info@minor5emporium.com if you have any questions or concerns about anything here.

 

Offering your art for sale on a physical product

    1. Any vendor may offer their art for sale on a physical product on the website (see Print On Demand Goods section for more details) by appointing Minor 5 Emporium to facilitate the transaction on the Terms set out in the Services Agreement in Appendix A. By agreeing to these Terms you expressly agree to the Services Agreement in Appendix A, which will apply from the date on which you offer your first art for sale on a physical product and your continued use of the website will constitute ongoing agreement to the Terms therein as updated from time to time.

Commission Payments

    1. Commission rates are determined based on the product category, as explained in the Product Categories section below.
    2. Commission will be paid once a month on the last Friday of the month, via PayPal.
    3. Commission will be paid once the vendor reaches the minimum threshold of $20.

Product Categories

    1. Direct Sale Goods

      1. Direct Sale Goods on Minor 5 Emporium are defined as any physical good sold, fulfilled, and shipped by the vendor. These items will be submitted for consideration by the vendor via the vendor dashboard. Once an item is approved for sale in the shop, the item will be listed in the main shop page of Minor 5 Emporium, and under the vendor’s profile.
      2. Commissions
        1. Direct Sale Goods on Minor 5 Emporium receive a 90% commission of the final sale price. The remainder covers a small merchant fee, listing fee, and point-of-sale fee (third-party).
      3. Direct Sale Goods must be shipped by the vendor NO LATER than three business days from the date of sale. Once a vendor has failed to meet this standard three times, they will no longer be permitted to sell Direct Sale Goods in the shop. We are committed to bringing our customers the best experience possible. There will be no exceptions to this rule.

    2. Digital Goods

      1. Digital Goods on Minor 5 Emporium are defined as any digital good sold, fulfilled and delivered by the shop. Vendors are not responsible for fulfillment of digital goods sales. These items will be submitted for consideration by the vendor via the vendor dashboard. Once an item is approved for sale in the ship, the item will be listed in the main shop page of Minor 5 Emporium, and under the vendor’s profile.
      2. Commissions
        1. Digital Goods on Minor 5 Emporium receive a 75% commission of the final sale price. The remainder covers a small merchant fee, listing fee, a point-of-sale fee (third-party), as well as a troubleshooting and maintenance fee. 
      3. Direct Sale Goods will be delivered by the shop immediately upon receipt of payment by the purchaser via email as well as a direct download link. In addition, eBooks will be delivered via BookFunnel, a third party application which allows for stricter encryption of ePUB and MOBI files, which helps cut down on piracy and illegal file-sharing.

    3. Print On Demand Goods

      1. Print on Demand Goods on Minor 5 Emporium are defined as any good that is manufactured, fulfilled, and shipped by our third-party partner, Printful. These items have a base wholesale cost, defined by the partner, which can change on occasion. Because we do not have control over the wholesale cost of these items, Print On Demand Goods require an extra measure of monitoring to ensure proper commissions. Therefore, all Print on Demand Goods sold on Minor 5 Emporium will be uploaded directly by the shop, listed as a shop item, and will not show up on the vendor’s profile. 
      2. Sale of Print on Demand Goods
        1. The retail price charged to customers who purchase your Print on Demand product is a flat, marketplace-wide price made up of the manufacturing fee charged by the third-party manufacturer, Minor 5 Emporium’s fee for hosting the marketplace and facilitating the transaction (the manufacturing fee and Minor 5 Emporium’s fee are referred to collectively, and inclusive of tax, as the “base amount”), your designer’s margin (“your margin”), and any relevant sales tax (such as Sales Tax, GST, VAT, etc) that Minor 5 Emporium and/or you (as the case may be) are liable to account for to the appropriate tax authorities. Shipping charges will also be added to the retail price.
      3. Commissions
        1. Print On Demand Goods on Minor 5 Emporium receive a 75% commission of the markup price. The remainder covers a small merchant fee, listing fee, a point-of-sale fee (third-party), as well as a troubleshooting and maintenance fee.
      4. Print On Demand Goods will be printed and/or manufactured by Printful, fulfilled, and shipped by Printful. Once the order is placed by the customer, the shop automatically integrates with the Printful platform. These items will be tracked, troubleshot, and maintained by Minor 5 Emporium, not the vendor.

Licensing and Intellectual Property Rights

    1. Terms

      1. You grant Minor 5 Emporium a non-exclusive royalty-free license to use your intellectual property relating to your products for the purpose of enabling us to carry out the Services.

    2. Your Copyright

      1. You keep the copyright in any content you submit or upload to the website. In order to receive the Minor 5 Emporium services you grant Minor 5 Emporium a non-exclusive, royalty-free license to use and archive the content in accordance with or as reasonably contemplated by these terms.
      2. When you submit or upload products on the website you represent and warrant that:
        1. You own all copyright in the content, or if you are not the owner, that you have permission to use the content, and that you have all of the rights required to display, reproduce, and sell the content; 
        2. The content you upload will not infringe the intellectual property rights or other rights of any person or entity, including copyright, moral rights, trademark, patent or rights of privacy or publicity;
        3. Your use of the website will comply with all applicable laws, rules and regulations;
        4. The content does not content material that defames or vilifies any person, people, races, religion or religious group and is not obscene, pornographic, indecent, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable;
        5. The content does not include malicious code, including but not limited to viruses, Trojan horses, worms, time bombs, cancelbots, or any other computer programming routines that may damage, interfere with, surreptitiously intercept, or expropriate any system, program, data, or personal information; and
        6. The content is not misleading and deceptive and does not offer or disseminate fraudulent goods, services, schemes, or promotions.
        7. Minor 5 Emporium retains the right to review and, if in its sole discretion deemed necessary, remove any content from the website and/or cancel your account, should that content be found to breach your agreement with us and/or any applicable laws or otherwise. You agree to indemnify Minor 5 Emporium in respect of any direct or indirect damage caused due to your breach of one or more of these warranties.

    3. Licensing

      1. By submitting listings to Minor 5 Emporium, you grant Minor 5 Emporium a non-exclusive, worldwide, royalty-free, sublicensable and transferable license to use, reproduce, distribute, prepare derivative works of, and display the content of such listings in connection with Minor 5 Emporium’s (and its successors’ and affiliates’) services and business in facilitating the sale of your product, including without limitation for promoting and redistributing part or all of the Minor 5 Emporium site (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Minor 5 Emporium site a non-exclusive license to access your content through the site, and to use, reproduce, distribute, and display such content as permitted through the functionality of the site and under these Terms. The above licenses terminate within a commercially reasonable time after you remove or delete your listings from the Minor 5 Emporium site. The above licenses granted by you in user comments you submit, are perpetual and irrevocable.
      2. All intellectual property rights in this website and the Minor 5 Emporium service (including the software and systems underlying the Minor 5 Emporium service, and text, graphics, logos, icons, sound recordings and software) are owned by or licensed to us. Other than for the purposes of, and subject to the conditions prescribed under relevant copyright and trademark legislation throughout the world, and except as expressly authorized by these Terms, you may not in any form or by any means:
        1. use, adapt, reproduce, store, distribute, print, display, perform, publish, or create derivative works from any part of this website; or
        2. commercialize any information, products, or services obtained from any part of this website, without our written permission.
      3. If you use any of our trademarks in reference to our activities, products, or services, you must include a statement attributing that trademark to us. You must not use any of our trademarks in, or as the whole or part of, your own trademarks; in connection with activities, products, or services which are not ours; in a manner which may be confusing, misleading, or deceptive; or in a manner that disparages us or our information, products, or services (including this website).

 

Appendix A – Services Agreement

Services

    1. Minor 5 Emporium, acting as independent contractor under your instructions in relation to the performance of marketplace services, will market to and obtain orders from customers for the purchase of your products over the website and on instruction from you. Minor 5 Emporium will arrange for third parties to fulfil those orders by facilitating payment for and manufacture of your products (“Services”). Minor 5 Emporium will then arrange for the delivery of your products as per the customer’s instructions. Whilst Minor 5 Emporium’s capacity is one of independent contractor in relation to the Services, it acts as your agent specifically in relation to the sales transaction between you and the customer who buys your product.

Payment Terms

    1. You authorize Minor 5 Emporium to collect, hold, and distribute the retail price (“sale proceeds”) from customers on the terms set out in this Services Agreement. Minor 5 Emporium will also charge the customer for the shipping which will be retained by us and not affect the amount to be distributed to you.
    2. You authorize Minor 5 Emporium to deduct the base amount (which includes Minor 5 Emporium’s margin for facilitation services, including tax where applicable) from the sales proceeds for your products before distributing your earnings (which will include tax where applicable).
    3. We will pay your earnings in accordance with the payment method you select on your account—currently PayPal. Payments will be processed on the last Friday of the month, for sales made during the previous calendar month. For example, earnings for sales made during the month of February will be paid out on the last Friday in March.
    4. If the last Friday of the month falls on a weekend or national holiday, payments will be processed on the nearest business day.
    5. It is your responsibility to ensure Minor 5 Emporium has current details of your postal address and bank account details. Minor 5 Emporium will not be liable for any loss suffered by you if you provide us with incorrect details in relation to the payment method. If we are unable to pay you because you have given us incorrect details or your details are out of date, we will hold your earnings for up to twelve (12) months from the payment date. If you have not notified Minor 5 Emporium of any amendment to the payment method details in that time your proceeds will be forfeited to Minor 5 Emporium or donated to a charity of our choice.

Taxation Responsibility

    1. Minor 5 Emporium is responsible for collecting and remitting any and all taxes imposed on their respective sales to customers. You are responsible for any income or other taxes due and payable resulting from payments to you by Minor 5 Emporium under this Agreement. Accordingly, unless otherwise stated, the amounts due to you hereunder are inclusive of any taxes that may apply to such payments. Minor 5 Emporium maintains the right, however, to deduct or withhold any and all applicable taxes from amounts due by them to you, and the amounts due, as reduced by those deductions or withholdings, will constitute full payment and settlement to you.