Conditions of use
Welcome to the sourisminisecondemain.com site, including its functions, applications, services or associated websites (the "Website"), a collaborative and secure resale platform whose purpose is to facilitate the relationship between buyers and sellers of second hand Souris Mini® items. Give new life to these items while creating economic and ecological benefits!
The Website belongs to Groupe Souris Mini Inc. (“Souris Mini”, “we” or “us”), whose contact details can be found in the “Contact Us” section below. Please note, however, that Souris Mini does not intervene at any time in any transaction whatsoever, as mentioned in more detail herein.
These terms of use ("Terms") are written for Users of the Website, as defined below. If you wish to post an advertisement, all you need to do is create your own store on the Website and follow the instructions therein. The terms and conditions intended for Advertisers, as defined below, will then apply.
Please read these Terms carefully, as they constitute a contract between you and Souris Mini. By using the Website, you automatically agree to all these Terms and Conditions.
1. DEFINITIONS
1.1 The following terms use herein are defined as follows:
1.1.1 Advertisement(s): means any Content published on the Website used to describe, promote or explain a Product.
1.1.2 Advertiser(s): means the natural person who publishes an Advertisement on the Website with the intention of selling a Product, as well as any person designated by the latter to manage their account.
1.1.3 Content(s): means any text, graphic element, image, photo, music, audio, video, etc. on the website. This may include, without limitation, ad content.
1.1.4 Product(s): refers to indoor and outdoor clothing, furniture, bedding, decorative items and other second-hand Souris Mini® advertised on the Website.
1.1.5 User(s) or you: means any person who consults or browses the Website, who contacts an Advertiser or who purchases a Product through the Website.
2. COMPLIANCE COMMITMENT
2.1 When you access or use the Website, you agree to comply with: (i) these Terms; (ii) any other policies that Souris Mini may establish from time to time in connection with the Website; and (iii) all applicable laws, regulations and international agreements, including more particularly those related to the protection of intellectual property, those relating to trademarks as well as copyright and governing, in particular, the reproduction, distribution and use of the works being protected herein.
3. CREATE AN ACCOUNT
3.1 As a User, you can view the Ads and communicate with an Advertiser by creating an account on the Website.
3.2 You are responsible for protecting your password and all activity on your account, whether or not you authorized such activity.
3.3 The Website is intended only for adults who have the legal capacity to contract. Any use of the Website and/or creation of an account by a minor is strictly prohibited. By accessing, using or browsing the Website, you represent and warrant that you have reached the age of majority in your place of residence.
3.4 Souris Mini reserves the right to suspend or terminate your account if any information provided during the registration process or thereafter proves to be inaccurate, fraudulent, obsolete or incomplete, or violates any applicable law, regulation or international agreement, including intellectual property.
4. PURCHASE OF PRODUCTS
4.1 The purpose of the Website is to facilitate sharing Advertisements and establishing contact between an Advertiser and a User, to enable the exchange of Product details and to agree, if necessary, on the terms of its purchase and sale. Any discussion, negotiation or agreement inherent in the purchase of a Product is thus carried out directly between the User and the Advertiser, excluding Souris Mini.
4.2 In this regard, the User is hereby expressly informed and declares to acknowledge the following Website operating methods, which they undertake to respect:
i. Selecting a Product and adding it to your shopping cart does not have the effect of preventing its sale to other Users, as such Product will remain displayed on the Website and available for sale until a User pays for it.
ii. Payments will be processed through the Shopify platform administered by Souris Mini and the sale price will be released to the Advertiser once the User confirms receipt of the Product or it has been presumed under these Terms.
iii. If the Products you have selected are offered by more than one Advertiser, you will be required to make a separate payment for each of them.
iv. The Products may be shipped by Canada Post or hand delivered, according to the options offered by the Advertiser. For furniture and other bulky items, only the pick-up method is available.
v. The Platform contains an internal messaging service that we recommend you use for any communication with Advertisers. If you choose to disclose your email address, you do so at your own risk.
vi. The Products will be shipped within Canada only.
vii. The Product(s) shipping costs will be calculated during checkout and are not included in the sale price indicated in the Advertisement.
viii. The Advertiser has a period of 5 business days to ship the Products following their payment or to agree with the User on a pick-up date. For shipments by Canada Post, a tracking number will then be sent to the User who ordered the Product and delivery will normally take place within 2 to 7 business days.
ix. The Website’s operation is based on collaboration between Advertisers and Users. You are therefore asked to confirm receipt of the Products ordered in good and due form within 2 business days. If the User fails to do so or to notify Souris Mini of the contrary within a period of 5 business days following the delivery date indicated by Canada Post or the pick-up date indicated by the Advertiser, it will then be presumed that the Products were received in accordance with the Advertisement and the purchase price will be remitted to the Advertiser.
x. All Product sales are final and no returns, exchanges or refunds are possible. A completed transaction cannot be canceled under any circumstances. However, if the Product received does not correspond to the Content of an Advertisement, we invite you to contact us by email at the address indicated in the “Contact Us” section below. If we determine that the Product is indeed not as described, we will refund your purchase.
xi. Transactions made through this site between the User and the Advertiser are subject to the Quebec Sales Tax (QST). The company undertakes to calculate and remit to the relevant government authorities the amount of QST on transactions made by Advertisers.
4.3 In general, however, please note that any transaction with respect to a Product is solely between the Advertiser and you. Souris Mini is neither the owner, custodian nor administrator of any Product whatsoever advertised on the Website and at all times remains a third party in the sales contract concluded between the Advertiser and you. The free services provided by Souris Mini on the Website are limited exclusively to connecting Users and Advertisers through the dissemination of Advertisements prepared by Advertisers, as well as to manage certain complaints in order to optimize the User’s Website experience, however, only to the extent provided for in these Conditions.
4.4 Consequently, Souris Mini does not benefit from any right nor can it be held responsible for any obligation concerning the transactions of Products, other than as provided herein. This includes, without limiting the generality of the foregoing, all Advertisers’ Product shipments, which remain under their exclusive control. The User hereby declares that they understand the foregoing and waives any recourse against Souris Mini relating to the interpretation, execution or intervention in any dispute concerning the purchase of a Product.
4.5 Please also note that only natural persons are authorized to post an Advertisement on the Website, excluding merchants within the meaning of the Consumer Protection Act, which therefore does not apply to transactions of Products on the Website. If you become aware or reasonably suspect that a merchant is using the Website to promote any Product, you are encouraged to contact us so that we may take such reasonable action as deemed necessary at our sole discretion.
5. RULES OF USE AND COMMUNICATION ON THE WEBSITE
5.1 By accessing the Website or using any of its features, you further expressly agree to:
i. Use the Website only for strictly personal purposes and not for commercial purposes or in the capacity of a professional, merchant or shopkeeper or other person not expressly authorized by these Conditions.
ii. Not display or use or permit to be displayed or used any Website Content that is not publicly available.
iii. Not incorrectly make complaints or false reports regarding the Website, an Advertisement or a Product.
iv. Remain courteous and respectful in your exchanges at all times. Coarse or offensive language will not be tolerated at any time, nor will any threat, personal attack or incitement to violence or hatred.
v. Not submit Content that is defamatory, obscene, indecent, abusive, racist, discriminatory, pornographic, abusive or otherwise illegal, or deliberately disrupt any discussion with repetitive, baseless messages or spamming.
vi. Not invite any Advertiser or User to use competing third party services or to use the messaging function to promote or offer for sale any good or service other than those available on the Website or from Souris Mini®.
vii. Not open more than one account on the Website, impersonate a third party or otherwise use an identity other than your own.
viii. Not harm or damage the Website, in particular not overload, disturb, commit an act of piracy, modify the source code or carry out reverse engineering of the Website or any other associated software, in particular by transmitting any virus, bug, worm, Trojan horse, or other harmful code or file.
ix. Not use processes, software or other means or automated or manual processes in order, in particular, to access, collect information, browse or even scan the Website.
x. 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 Website or any computer software/hardware used by the Website.
xi. Not conduct or send any survey, contest, pyramid scheme or chain letter, junk mail (“spamming”), solicitation or perform acts that may infringe upon the rights of others as well as their enjoyment of the discussion forums or message boards.
xii. Not induce or encourage any third party to do any of the above.
6. CONTENT MONITORING
6.1 We are committed to providing you with quality content on the Website and we reserve the right to monitor any Content posted there. This being so, Souris Mini does not expressly and systematically approve all the Content found on the Website, in particular that displayed in any Advertiser’s store, and will not be in any way responsible for Advertiser-generated Content on the Website. The sole purpose of the information, photos, descriptions and other information and Content published in the Ads is to enable Advertisers to provide information to Users about their Products and are provided without any implicit or express guarantee from Souris Mini.
6.2 Although Souris Mini requires a commitment from Advertisers that their Advertisement Content complies with the description of the Products, the specific conditions applicable to Advertisers provided for on the Website, these Conditions and all laws, regulations and international agreements, particularly those governing intellectual property, Souris Mini has no control over the Advertisers and cannot therefore, at any time, be held responsible for any Advertisement or information it contains that may be inaccurate, fraudulent, obsolete, incomplete or which contravenes any applicable law, regulation or international agreement, in particular intellectual property material. Any User who finds or reasonably suspects that the Content of an Ad is inappropriate or illegal is invited to contact us in the manner indicated in the "Contact us" section below so that we can take any reasonable measures deemed necessary at our sole discretion.
6.3 Souris Mini also reserves the right to monitor the Content of the Website, without this constituting an obligation, as well as to remove any Content posted by a User that could be considered, at our sole discretion, to be inappropriate or illegal, as well as to report any User to the competent authorities. The User acknowledges that they are entirely and exclusively responsible for all the Content that they publish on the Website, in particular through the messaging service .
7. PROTECTING YOUR PRIVACY
7.1 Protecting your personal information and respecting your privacy are among our priorities. Information about the nature of the information collected during your use of the Website, the purposes for which this information is collected, and its use is available on the following link: "Souris Mini's Privacy Policy," that you are responsible for reviewing and acknowledge having read and understood by your acceptance of these Terms.
8. INTELLECTUAL PROPERTY
8.1 Souris Mini intellectual property: You are informed and hereby acknowledge that Souris Mini is the exclusive owner of all copyrights and other intellectual property rights relating to: (a) the Website, including all texts, photos, maps, images, data , graphics, trademarks, domain name, logos and slogans created or used by Souris Mini, whether registered or not; (b) any tools, hardware and software used to enable the Website’s functionality; and (c) the Website’s graphic design, user interface and look and feel. You are reminded that you are responsible for compliance with all laws, regulations and international agreements protecting copyright and intellectual property in general, and that any downloading and/or printing of Website Content is only permitted for strictly personal purposes and at your own risk. You must not use, reproduce or save it for any other purpose whatsoever, in particular for commercial purposes, without Souris Mini’s prior written consent. You also may not modify any page, remove or alter any identification, mark, notice or disclaimer, whether visible or not, without Souris Mini’s prior written consent. More specifically, you also agree not to adopt or use trademarks, domain names, logos or any other element of intellectual property that could create confusion with Souris Mini’s intellectual property or that would constitute an imitation thereof, nor seek to invalidate, attack or otherwise challenge the legitimacy of Souris Mini's rights to its intellectual property.
8.2 Third party intellectual property: Certain texts, photos, maps, images, data, graphics, trademarks, logos and slogans may also be the property of third parties, including Advertisers, who retain all their intellectual property rights and are in principle solely authorized to reproduce, execute or publish them. In addition to your other commitments under these Terms, you represent and agree to always ensure that you obtain, whenever necessary, all rightful owners' rights in connection with the Website Content in order to copy, use, publish, store, link or display such Content, other than for strictly personal purposes, as well as to properly attribute such work (name of author, source, etc.), as required.
8.3 Your intellectual property: In the event that your use of the Website results in the creation of material considered to be protected by copyright or other intellectual property laws, you grant Souris Mini a free, perpetual, irrevocable, worldwide, transferable license and sublicensable to publish, share, reproduce, modify, commercially exploit, incorporate into the Website or otherwise use any suggestion, enhancement request, recommendation, comment or other Content that we receive from you, at Souris Mini’s sole discretion, as part of operating its business and managing the Platform.
9. THIRD PARTY SITES
9.1 The Website may allow you to link or log in to use features offered by applications, services or sites operated by third parties that are not owned or controlled by Souris Mini (collectively referred to as "Third-party apps”). We provide these links only for your convenience and you may access them at your own risk, Souris Mini has no control over them. You may also be required to comply with additional terms and conditions of use that may apply when you use or purchase certain products or services related to Third-Party Applications. Souris Mini has not read these policies and cannot provide any recommendations or opinions regarding their content.
10. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
10.1 We are committed to taking reasonable technical means to protect the physical security of your personal information and the integrity of the Website’s functionality. However, given the very nature of the public network that is the internet, the User acknowledges and accepts that the security of transmissions made over the internet cannot be guaranteed.
10.2 Your use of the Website may be interrupted or terminated, in whole or in part, at any time. It is possible that the Website and its Content may contain errors, omissions, inaccuracies or may not be complete or up-to-date. When an error is noticed, we will attempt to correct it as soon as possible and make reasonable efforts to notify affected Users. The Website may also be unavailable from time-to-time for maintenance, updates, hardware/software malfunctions, repairs, power outages, hacking, denial of service attacks, for large unforeseen requests for services, or for any other reason.
10.3 The User uses the Website at their own risk. Souris Mini provides the Website "as is", and "as available", without express or implied warranties, including warranties of merchantability, fitness for a particular purpose or non-infringement. There is no guarantee that the Website will be error-free or that it will always function without interruption, delay or imperfection. Souris Mini assumes no responsibility for the actions, Content, information or data of third parties, in particular Advertisers. Users thus release Souris Mini, its directors, officers, employees and agents from any liability related to the use of the Website or the unauthorized use of their account, except in the event of gross negligence or willful misconduct on the part of Souris Mini, even if Souris Mini has been informed of the possibility of such damages. Souris Mini cannot be held liable for any consequential, special, indirect or incidental damage in connection with the Website’s use or Content or the purchase of Products by the User.
11. ACCOUNT SUSPENSION
11.1 In the event that Souris Mini considers, at its sole discretion, that a User is non-compliant with these Terms, any other Souris Mini policy or an applicable law, regulation or international agreement, Souris Mini reserves the right to restrict or suspend the User's account, without notice and without prejudice to any other right and recourse that Souris Mini may claim.
12. APPLICABLE LAW AND DISPUTE RESOLUTION
12.1 These Conditions, their interpretation, execution, application and validity are subject to the laws in force in the province of Quebec, excluding the conflict of laws rules.
12.2 In the event of any disagreement between you and Souris Mini about the application of these Terms, excluding a dispute with an Advertiser for which recourse must be addressed exclusively to the latter, we invite you to first contact us in the manner set out in these Terms. We will try, as best possible, to reach an amicable agreement and to find an appropriate solution for the situation, this without prejudice to the right of each party to go to court in the manner and at the time where they deem appropriate.
12.3 Any dispute between Souris Mini and a User arising from or relating to these Terms shall be subject to the exclusive jurisdiction of the courts of the province of Quebec, judicial district of Quebec, whose exclusive jurisdiction the User and Souris Mini irrevocably acknowledge.
13. GENERAL PROVISIONS
13.1 Any declaration by a court to the effect that one of the provisions in these Terms is null or unenforceable will in no way affect the validity or enforceability of the other provisions of these Conditions, which will remain fully enforceable.
13.2 Failure or delay by any party to exercise any right, remedy or privilege under these Terms shall not constitute a waiver of such right, remedy or privilege. Similarly, no party will be prevented from subsequently exercising a right, recourse or privilege that it would not have previously exercised, in whole or in part.
13.3 These Terms are binding and enforceable not only with respect to the parties, but also with respect to the liquidators, their estates, successors, heirs, agents, servants and respective authorized assignees.
13.4 Souris Mini may transfer its rights and obligations under these Conditions to a third party at any time, without having to obtain the User's consent. The User may not assign, alienate or otherwise transfer to anyone their rights and obligations under these Terms without Souris Mini’s prior express consent.
13.5 The User acknowledges that these Conditions have the same effect and the same value as if they had been signed personally by them. A printed version of these Terms or any notice given by electronic mail will be admissible in a dispute, like any other business document or record generally kept in paper form.
14. CHANGES TO THE WEBSITE AND TERMS
14.1 Souris Mini may, at its sole discretion, modify, delete, restrict or suspend any functionality of the Website or any part thereof, without notice or liability to you or to any other person including any Advertiser. Souris Mini may also change these Terms at any time. If we make any changes, we will take steps to notify you. By continuing to browse the Website, you agree to be bound by these Terms, including any changes thereto. Otherwise, please stop using the Website. In the event of refusal by a User to accept the updated version of these Conditions at the request of Souris Mini, certain Website functionalities could become inaccessible and the User’s account could be suspended.
15. CONTACT US
15.1 Any questions about the Website, these Terms or other services offered by Souris Mini may be addressed to:
Groupe Souris Mini Inc.
2530 Wilfrid-Hamel Boulevard, suite 101
Quebec City, QC G1P 2J1
info@sourisminisecondemain.com
