Agreement for the use of the platform
Welcome to the Souris Mini® community. The Platform sourisminisecondemain.com, including its functions, applications, services or associated websites ("Platform") allows you to offer visibility to your second hand items from the Souris Mini® range, with the aim of reselling them to individuals who will give them a second life. The Platform belongs to Groupe Souris Mini inc. ("Souris Mini" or "We").
In order to maximize the experience of all users and for law enforcement purposes, this Platform User Agreement ("Agreement") is intended to govern the terms and conditions of operation of the Platform and the provision of the services described herein. Please take the time to read it carefully, as it constitutes a contract between Souris Mini and you as an Advertiser, as defined below.
1. DEFINITIONS
1.1 For the purposes of this Agreement, the following terms have the following meanings:
1.1.1 Ad(s): means any content published on the Platform to describe, promote or detail a Product;
1.1.2 Advertiser(s) or you: means the natural person who contracts with Souris Mini by accepting this Agreement in order to publish an Ad on the Platform in order to sell one or more Products, as well as any person designated by the latter for the purpose of managing his account;
1.1.3 Content(s): means any content that the Advertiser uploads, publishes, submits, transmits or includes in its Ad or on the Platform as part of its communications with a Visitor, in particular any text, photo, image, graphic element, video or link to other websites;
1.1.4 Product(s): refers to indoor and outdoor clothing, furniture, bedding, decorative items and other second-hand accessories of the Souris Mini® brand advertised on the Platform;
1.1.5 Visitor(s): means any person who consults or browses the Platform as a potential buyer of a Product, and who contacts an Advertiser through the Platform or purchases a Product following an Ad published on the Platform.
2. PURPOSE OF THE AGREEMENT
2.1 Souris Mini allows the Advertiser to use the Platform to display its Products via an Ad for the purpose of reselling them to Visitors, subject to compliance with the terms and conditions set forth herein.
2.2 Please note that the Platform is not designed for sales by merchants or other professionals (collection of taxes, application of the Consumer Protection Act, etc.). By publishing an Ad on the Platform, you declare that you are a private individual acting in the context of a private sale.
2.3 This Agreement shall prevail over any inconsistent terms and conditions of purchase issued by the Advertiser, contained in any document whatsoever, including in communications with a Visitor, by reference to a website or otherwise, regardless of the manner or timing of transmission. The acceptance of the publication of an Advertisement or any agreement to the contrary with a Visitor does not constitute an acceptance of such conditions by Souris Mini and shall not be construed as constituting a modification of this Agreement.
3. COMMITMENT TO COMPLIANCE
3.1 When using the Platform, you agree to comply with: (i) this Agreement; (ii) any other policies that Souris Mini may establish from time to time in connection with the Platform; and (iii) all applicable laws, regulations and international conventions, including in particular those relating to the protection of intellectual property, including those relating to trademarks as well as copyrights, and governing in particular the reproduction, distribution and use of works (including photographs) protected by virtue of these latter.
4. CREATE AN ACCOUNT
4.1 You must create an account in order to post an Ad.
4.2 The Platform is intended only for people of legal age and with the capacity to contract. Any use of the Platform and creation of an account by a minor is strictly forbidden. By accessing, using or browsing the Platform, you represent and warrant that you have reached the age of majority in your place of residence.
4.3 You are responsible for maintaining the security of your password and for all activities that occur under your account, whether or not you have authorized such activities. If you become aware of or suspect any intrusion, including any theft, loss or unauthorized disclosure or use of your password, you must immediately notify us by contacting us in the manner set forth in this Agreement.
4.4 Souris Mini reserves the right to suspend or terminate your account if any information provided during the registration process or thereafter is found to be inaccurate, fraudulent, outdated, incomplete or in violation of any applicable law, regulation or international agreement, including intellectual property .
5. CONTENT OF AN AD
5.1 The Advertiser is solely responsible for drafting the Content of the Ad and for ensuring that it complies with this Agreement as well as with all applicable legal requirements. The Advertiser hereby undertakes to ensure that its Advertisements contain all the information required for a fair assessment of the characteristics of the Product by the Visitor, in particular by filling in all the fields required in this regard in an honest manner and by ensuring, in particular, that any photograph is representative of the Product. The Advertiser hereby declares to Souris Mini that he guarantees at all times the accuracy and truthfulness of the Content of his Ad, and that he will remove without delay any element of Content that would cease to be accurate, on his own initiative or upon request of Souris Mini.
5.2 In particular, the Advertiser undertakes not to publish Content that is :
i. defamatory, threatening, abusive, harassing, hateful, indecent, rude, obscene, pornographic, violent, harmful, racist or otherwise violating the privacy or physical or psychological integrity of any person;
ii. false, misleading or otherwise likely to mislead Visitors;
iii. otherwise illegal under any law, regulation or international convention;
iv. which, with respect to the photograph used to illustrate the Product in the Advertisement, was not taken by the Advertiser himself or herself or for which he or she did not obtain written permission from the author of such photograph to use it in the Advertisement for the sale of the Product.
5.3 Souris Mini may refuse to post or may remove at any time any Content or Ad deemed inappropriate or illegal in its sole discretion, without constituting a commitment or obligation to review each Ad on a case-by-case basis prior to posting. Prior notice may be given to Advertiser to provide it with the opportunity to edit an Ad, at its discretion, except in cases where immediate removal is deemed appropriate. An Ad whose Content has been corrected to Souris Mini's satisfaction may be put back online on the Platform. In all cases of temporary or permanent withdrawal of an Ad, no compensation whatsoever shall be due to the Advertiser, the latter being responsible for ensuring the compliance of its Ad according to the terms provided herein.
6. SALE OF PRODUCTS
6.1 The Advertiser declares that he understands that the only purpose of the contractual relationship between Souris Mini and the Advertiser is the publication of Advertisements and the use of the Platform. The Advertiser thus acknowledges that Souris Mini is a third party to any contract for the sale of the Product and does not intervene at any time in this regard, except as provided herein, and therefore releases Souris Mini from any liability in this regard.
6.2 The Advertiser is hereby informed and declares that he accepts the following operating procedures of the Platform, which he undertakes to respect:
i. the Advertiser's identity and profile photo, if he/she adds one, will be displayed in the "Seller List" section of the Platform. The Advertiser's city of residence and postal code will also be visible to Visitors;
ii. when creating the Ad, the Advertiser must select the delivery methods they wish to offer, either Canada Post or hand delivery. For furniture and other bulky items, please note that only the hand delivery method can be offered as the transportation terms with Canada Post do not allow for this service;
iii. all Products advertised must be clean, in good condition and show a degree of wear and tear that reasonably allows for subsequent use;
iv. the Advertiser is free to determine the price of the Products to be sold, to which shipping costs will be added, if applicable, at the time of checkout by the Visitor;
v. payments for Products will be processed through the Shopify platform administered by Souris Mini;
vi. the Advertiser has 5 working days following the confirmation by Souris Mini that a Product has been sold to send it by mail or to contact the Visitor in order to schedule the hand delivery. In the case of mailings, Souris Mini will send to the Advertiser a label to be affixed on the packaging of the Product. If the Product is not sent within the above-mentioned time limits, Souris Mini reserves the right to cancel the sale and will then proceed to the reimbursement of the sale price to the Visitor;
vii. the Platform contains an internal messaging service that we recommend using for any communication with Visitors. If the Advertiser chooses to disclose his email address, he does so at his own risk;
viii. the Platform does not have a function allowing to put an account on standby in case of temporary absence of the Advertiser (e.g.: vacations). In this case, the Advertiser is responsible for delegating to a third party the administration of his account, the communication with the Visitors as well as the shipping of the Products, or else to withdraw the Products available for sale during his absence;
ix. products must be packaged in a bag or envelope provided for that purpose and comply with Canada Post-delivery standards. No boxes are accepted, except for 10 kg packages or more;
x. products can only be shipped from and within Canada;
7. DISCOUNT OF THE SALE PRICE
7.1 All sums due to the Advertiser for the sale of Products shall be remitted to the Advertiser in the form of an electronic gift card redeemable in Souris Mini® stores or its online store, to which Souris Mini shall add a 10% bonus.
7.2 The Advertiser shall be entitled to the credit of the sale price of the Products once their receipt is confirmed by the Visitor or presumed by Souris Mini according to the policies then in force.
7.3 The Advertiser will be able to claim the gift card at the time of his choice, either after each sale or when he has accumulated several. The gift card will be sent by email to the address indicated on the Advertiser's account, generally within 3 business days.
7.4 The gift card does not have an expiration date.
7.5 In the event that Souris Mini should determine in its sole discretion that a Visitor should be reimbursed for a Product, either because of late shipment, because the Product does not correspond to the description made in an Advertisement, because it arrived damaged at its destination or for any other reason, the amount of any gift card issued on this occasion shall be due to Souris Mini, which may either deduct the corresponding amount from the Advertiser's balance, be reimbursed by the Advertiser or cancel the card.
8. RULES OF USE OF THE PLATFORM
8.1 By using the Platform and posting an Ad and in addition to what is otherwise expressly provided for earlier in this Agreement, Advertiser expressly agrees to the following:
i. use the Platform only for personal use and not for any commercial, business or other purpose not expressly authorized by this Agreement;
ii. not post ads as a Private Advertiser or Individual when the Advertiser is a business, professional, merchant or trader;
iii. not display or use or permit to be displayed or used any Content on the Platform that is not publicly available;
iv. not improperly make complaints or false reports regarding the Platform, an Ad or a Product;
v. Remain courteous and respectful at all times in its exchanges. Coarse or offensive language will not be tolerated at any time, nor will any threats, personal attacks or incitement to violence or hatred;
vi. not submit Content that is defamatory, obscene, indecent, abusive, racist, discriminatory, pornographic, abusive, otherwise invasive of the privacy or physical or psychological integrity of any person or otherwise unlawful, or deliberately disrupt any discussion by repetitive, unsubstantiated messages or spamming;
vii. not to invite any Visitor to use the services of third parties competing with those of the Platform or to use the messaging function to promote or offer for sale any goods or services other than those available on the Site or from the Souris Mini® range;
viii. not open more than one account on the Platform, impersonate any other person or otherwise use an identity other than their own;
ix. not harm or damage the Platform, including not overloading, disrupting, hacking, modifying the source code or reverse engineering the Platform or any associated software, including transmitting any viruses, bugs, worms, Trojan horses, or any other harmful code or files
x. not use any automated or manual processes, software or other means or procedures to, among other things, access, collect information, browse or scan the Platform;
xi. not avoid, circumvent, or disable any technological security access, security system, procedure, protocol, or technological protection mechanism that may be included or established in or as part of the Platform or any computer software/hardware used by the Platform
xii. not conduct or send any surveys, contests, pyramid schemes or chain letters, spamming, solicitation, or acts that may infringe on the rights of others or their enjoyment of discussion forums or bulletin boards;
xiii. not induce or encourage any third party to do any of the above;
xiv. not use or reproduce for the purposes of its Advertisement any trademark, logo or other advertising or promotional material of Souris Mini, including any photograph, image or illustration officially used by Souris Mini, for example by copying such official photograph, image or illustration from the website or from Souris Mini's flyers, posters or other advertising or promotional material. Notwithstanding the foregoing, the Advertiser may use Souris Mini's default banner image where no other profile picture is uploaded, for the sole purpose of promoting the Products on the Platform and to the exclusion of any other purpose.
9. PROTECTION OF PERSONAL INFORMATION
9.1 The protection of your personal information and the respect of your privacy are among our priorities. Information on the nature of the information collected during your use of the Platform and the conclusion of the Agreement, the reasons for which this information is collected and the use that is made of it are available at the following link: "Privacy Policy of Souris Mini", which you are responsible for consulting and acknowledge having read and understood by your acceptance of this Agreement.
9.2 The Advertiser acknowledges that the Visitors' data will constitute at least in part personal information under the laws in force in the Province of Quebec and that such data will be collected by the Advertiser in the course of its exchanges with the Visitor. Consequently, the Advertiser undertakes, during the period of validity of this Agreement and for the entire period provided for by the law or any personal data protection policy applicable to Visitors, to comply with the applicable legislation and regulations regarding the protection of personal data when processing the personal data entrusted to the Advertiser and to indemnify and hold Souris Mini harmless for any violation of the applicable legal provisions.
10. INTELLECTUAL PROPERTY
Advertiser's Intellectual Property
10.1 By submitting Content to the Platform, as an Advertiser, you grant Souris Mini a royalty-free, perpetual, irrevocable, worldwide, transferable and sublicensable license to publish, distribute, reproduce, modify, commercially exploit, incorporate into the Platform or otherwise use the Content of your Ad published on the Platform as well as any suggestions, enhancement requests, recommendations, comments or other Content, at Souris Mini's discretion, in connection with the operation of Souris Mini's business and management of the Platform.
10.2 By transmitting any Content on the Platform, you represent and warrant to Souris Mini that: (a) you own the Content or have written permission from the copyright owner or other authorized person to make the Content available on the Platform, including any photographs used on the Platform to identify the Product; (b) your Content is accurate and correct; (c) you have the right to grant the license set forth above to Souris Mini; and (d) the reproduction, display, distribution, use and other exploitation of the Content by Souris Mini and its service providers, members, users and licensees, as permitted by the above license, will not infringe the rights of any third party, and will not violate any law, regulation or international convention, including without limitation those relating to copyright, trademark, general intellectual property protection or any other rights of any third party.
Intellectual property of Souris Mini
10.3 You are hereby informed and acknowledge that Souris Mini is the exclusive owner of all copyrights and other intellectual property rights related: (a) the Platform, including all text, photos, maps, images, data, graphics, trademarks, domain names, logos and slogans created or used by Souris Mini, whether registered or not; (b) any tools, hardware and software used to enable the functionality of the Platform; and (c) the graphic design, user interface and the look and feel of the Platform. You are reminded that you are responsible for complying with all laws, regulations and international conventions protecting copyrights and intellectual property in general and that any downloading and/or printing of Content from the Platform is permitted only for strictly personal use and at your own risk. You may not use, reproduce or save it for any other purpose, including commercial purposes, without the prior written consent of Souris Mini. Nor may you modify any page, remove or alter any visible or non-visible identification, marks, notices or disclaimers without the prior written consent of Souris Mini. Specifically, you also agree not to adopt or use any trademark, domain name, logo or other intellectual property that is confusing or imitative of Souris Mini's intellectual property, in the creation of an Ad or otherwise, or seek to invalidate, attack or otherwise challenge the legitimacy of Souris Mini's rights in its intellectual property. Notwithstanding the foregoing, the Advertiser may use Souris Mini's default banner image when no other profile picture is uploaded, for the sole purpose of promoting the Products on the Platform and to the exclusion of any other purpose.
Third party intellectual property.
10.4 Certain text, photos, maps, images, data, graphics, trademarks, logos and slogans may also be the property of third parties, who retain all of their intellectual property rights and are in principle the only ones entitled to, among other things, reproduce, perform or publish them. In addition to your other obligations under this Agreement, you represent and warrant that you will always ensure that you obtain, whenever necessary, all rights from the rightful owners to copy, use, publish, store, link to or display such Content, other than for strictly personal purposes, and make all required attribution statements (author's name, source, etc.), if required.
11. THIRD PARTY SITES
11.1 The Platform may allow you to link to or connect with features offered by applications, services or sites operated by third parties that are not owned or controlled by Souris Mini (collectively, "Third-party Applications"). We provide these links solely for your convenience and you access them at your own risk, and Souris Mini has no control over them. You may also be subject to additional terms and conditions of use that may apply when you use or purchase certain products or services related to the Third-party Applications, if any. Souris Mini has not reviewed these policies and cannot provide any recommendations or advice with respect to their content.
12. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
12.1 The placing of an Ad on the Platform is not a guarantee of results. In no case does Souris Mini guarantee a volume of requests corresponding to the Advertiser's expectations, the achievement of a determined income threshold, a traffic to the satisfaction of the Advertiser on the Platform nor that the advertised Products will be purchased by Visitors.
12.2 The Advertiser declares to waive any claim against Souris Mini regarding a complaint or request from a Visitor, the interpretation, execution or arbitration of any dispute concerning the sale of a Product with a Visitor, Souris Mini being a third party to such transaction.
12.3 Souris Mini undertakes to take reasonable technical measures to protect the physical security of the Advertiser's personal information and the integrity of the functionality of the Platform. However, given the nature of the public network that is the Internet, the Advertiser recognizes and accepts that the security of transmissions via the Internet cannot be guaranteed.
12.4 The Advertiser's use of the Platform as well as the online availability of its Ad may be interrupted or deleted, in whole or in part, at any time. The Platform may contain errors, omissions, inaccuracies or may not be complete or up to date. When an error is noticed, Souris Mini will attempt to correct it as soon as possible and make reasonable efforts to notify affected Advertisers and Visitors. The Platform may also be unavailable from time to time for maintenance, upgrades, hardware/software failure, repairs, power outages, hacking, denial of service attacks, unexpected large service requests or for any other reason.
12.5 Advertiser uses the Platform at its own risk. Souris Mini provides the Platform on an "as is" and "as available" basis, without any express or implied warranties, including warranties of merchantability, fitness for a particular purpose or non-infringement. There is no guarantee that the Platform is error-free or that it will always operate without interruption, delay or defect. Souris Mini assumes no responsibility for the actions, Content, information or data of third parties, including Advertisers. The Advertiser releases Souris Mini, its directors, officers, employees and agents from any liability related to the use of the Platform or the unauthorized use of their account, except in case of gross negligence or intentional misconduct on the part of Souris Mini, even if Souris Mini has been informed of the possibility of such damages. Souris Mini shall not be liable for any consequential, special, indirect or incidental damages in connection with the use or the Content of the Platform or the sale of Products by the Advertiser.
13. RIGHTS AND REMEDIES
13.1 In the event that Souris Mini considers, in its sole discretion, that an Advertiser does not comply with this Agreement, any other Souris Mini policy or any applicable law, regulation or international convention, Souris Mini reserves the right to restrict or suspend the Advertiser's account, as well as to remove any Ad from the Platform, without prior notice or compensation and without prejudice to any other rights and remedies Souris Mini may have. An Advertiser who is the subject of repeated complaints from Visitors may also have his account restricted or suspended, as well as be banned from the Platform by Souris Mini, at the latter's sole discretion.
14. APPLICABLE LAW AND DISPUTE RESOLUTION
14.1 This Agreement, its interpretation, performance, enforcement and validity shall be subject to the laws in force in the Province of Quebec, excluding its conflict of laws rules.
14.2 In the event of any disagreement between the Advertiser and Souris Mini on the application of this Agreement, excluding a dispute with a Visitor for which recourse must be addressed exclusively to the latter, the Advertiser is invited in the first instance to communicate with Souris Mini in the manner provided for in this Agreement, which will attempt, insofar as possible, to reach an amicable agreement and find an appropriate solution to the situation, without prejudice to the right of each party to apply to the courts in the manner and at the time it deems appropriate.
14.3 Any dispute arising out of or relating to this Agreement shall be subject to the exclusive jurisdiction of the courts of the Province of Quebec, judicial district of Quebec, of which the Advertiser and Souris Mini irrevocably consent.
15. GENERAL PROVISIONS
15.1 This Agreement shall not constitute the Advertiser as an agent or partner of Souris Mini for any purpose. The Advertiser and Souris Mini are independent contractors, and the Advertiser is not authorized to enter into any contract, agreement, warranty, statement or representation of any kind, for or on behalf of Souris Mini without the prior written consent of Souris Mini.
15.2 Any declaration by a court that any provision hereof is void or unenforceable shall not affect the validity or enforceability of the remaining provisions of this Agreement, which shall remain in full force and effect.
15.3 The failure or delay by a party to exercise any right, remedy or privilege under this Agreement shall not constitute a waiver of such right, remedy or privilege. Nor shall such party be precluded in any way from subsequently exercising any right, remedy or privilege that it has not previously exercised, in whole or in part.
15.4 This Agreement shall be binding upon and enforceable against not only the parties, but also their respective executors, estates, successors, heirs, legatees, assigns, agents, servants and permitted assigns.
15.5 Souris Mini may assign its rights and obligations under this Agreement to a third party at any time without the consent of the Advertiser. The Advertiser may not assign, alienate or otherwise transfer its rights and obligations under this Agreement to any person without the express prior consent of Souris Mini.
15.6 This Agreement may be amended or modified in whole or in part with the consent of Souris Mini.
15.7 Advertiser acknowledges that this Agreement shall have the same effect and value as if it had been personally executed by Advertiser. A printed version of this Agreement or any notice given by electronic mail will be admissible in litigation, as will any other business document or record generally kept in paper form.
15.8 Any notice required hereunder shall be sufficient if in writing and sent by email to the other party. The Advertiser's email address is deemed to be the one provided at the time of the creation of its account. Souris Mini's is the one mentioned below.
16. CONTACT US
16.1 Any questions regarding the Platform, these Terms and Conditions or other services offered by Souris Mini can be addressed to:
Groupe Souris Mini inc.
2530 Wilfrid-Hamel Boulevard, suite 101
Quebec City, QC G1P 2J1
info@sourisminisecondemain.com
BY CLICKING ON THE "I AGREE" BUTTON, THE ADVERTISER CONFIRMS THAT IT HAS REACHED THE AGE OF MAJORITY IN HIS/HER PLACE OF RESIDENCE AND DECLARES THAT IT ACCEPTS AND CONSENTS TO ALL THE PROVISIONS OF THIS AGREEMENT AS WELL AS AGREES TO ABIDE BY ALL ITS TERMS AND CONDITIONS.
