DEFINITIONS

Buyer, Client: person who carries out the financial transaction

Craftsman, Seller: responsible for one or more boutique and associated products and services, person making the sale

The Site or the Platform represents the entire infrastructure at www.lasmexicanitas.ca

The «Marché»: Responsible for the technical infrastructure of the www.lasmexicanitas.ca platform, for connecting customers and sellers, and for the main marketing related to the platform.

User: Person using the website to make purchases, administer a store, manage orders or simply browse out of curiosity.

The store represents the parts reserved for sellers to display their products, their selling prices, as well as the return/exchange/refund and delivery policies.

GENERAL PRINCIPLES

The «Marché» provides a Web application (aka platform) which allows a user to maintain a customer account to purchase products and / or services but also the possibility of having a seller account and to create an online store through which he can sells goods and services online. The platform also sells its own products and services, including online store hosting, marketing and other related services that may be offered from time to time. By using the services offered on the site, you (“User” or “you” which collectively includes you and any other person or entity on whose behalf you are acting) accept and agree to the terms of use (“Terms”) set out below which will constitute a binding agreement between You and the platform (“Agreement”).

By using the services of the site, you accept and accept the terms of the platform’s privacy policy, which you acknowledge having read and fully understood. Each seller will have their own online store from which they will sell their products and services.  The platform serves as an online marketplace for qualifying users to offer, sell and buy goods and services at an agreed price. Although the platform charges an operating fee (“Commission”) when a transaction is made between a customer and a seller, it is not involved in the fulfillment of the contract between the customer and the seller. Accordingly, the platform has no responsibility for any matter arising from the transaction between a seller and a customer. You must be comfortable with a seller in all respects before purchasing their products from the site.

UNACCEPTED BEHAVIORS

By using the site, you agree NOT to pursue the following behaviors:

  1. Be false, misleading, inaccurate or include inaccurate, misleading information about any product, service or store you maintain.
  2. Act fraudulently or participate in the sale of stolen or counterfeit items.
  3. Violate local, state, federal laws or the rights of third parties.
  4. Access or use the site while you are already under the effect of a temporary or permanent suspension of our services.
  5. Not fulfilling the payment for the items you have purchased or use a fraudulent payment method. If the need arises, legal action could be taken.
  6. If you are a seller, to not honor orders made and paid for by customers.
  7. If you are a seller, Infringing the right and interest of another party and its intellectual property, including copyrights and trademarks, which includes the use images for commercial purposes without the express consent of the author.
  8. Interfere in any way with the interests of The «Marché» and / or other stores with the aim of harming, hurting, damaging or negatively affecting their experience with the platform and their customer relationship.
  9. Be slanderous or defamatory with respect to any information published on the site.
  10. Distribute or post spam, chain letters or pyramid schemes.
  11. Contain or transmit code or employ other actions likely to harm The «Marché», its partners, vendors, users, the platform, or its content.
  12. Disseminate or display content or information which is offensive such as racist, hateful, obscene or which encourages hatred or physical harm of any kind against a group or individuals.

Such behaviors could be immediately encountered with a temporary or permanent removal of your access and eventually a ban of your IP address. In case of illegal activities,  the legal authorities would be involved.

SECURITY NOTES

You agree to use the site only for legal purposes. You agree not to take any action that could affect the security of the site, make the site partially or totally unavailable to third parties or otherwise alter or negatively damage the site or its contents. You agree not to use the site in a way that could interfere with copyright, individual freedoms or the laws in force in Quebec and Canada. Among other things, although site security is a major matter for the technical team, it is of your responsibility to use secured passwords, not to share them with third parties and to change them regularly. The «Marché» cannot be held responsible for any loss of data resulting from fraudulent use of your personal access codes.

Although data is backed up on a daily basis, access is monitored and all data is encrypted, users must be aware and accept that it is impossible to guarantee a 0 risk bias and therefore that The «Marché» cannot be held responsible for any possible malicious attack done by hackers and the loss of data that could possibly result from them.

Any failure to comply to these regulations could result in the revocation of problematic elements to the removal of the access, and even a temporary or permanent ban from the platform.

RELATIONSHIP BETWEEN THE “Marché” AND THE SELLERS

This part of the general conditions is intended more specifically for sellers who have an active store or who aim to obtain one. These conditions are available for reading to all users for the sake of transparency.

The vendors agree to abide by the ethical and qualitative values ​​of The “Marché Las Mexicanitas”. The products and services sold must be of artisanal quality and aim to promote the Latin culture in North America.

Relations between sellers and The «Marché» are based on trust and mutual respect between adults in order to accomplish common goals. The «Marché» wishes to maintain total neutrality in conflicts that could raise against each other, but will defend its own interests and values ​​as a priority if they are stake.

The ”Marché” is renowned for the quality of its physical markets, the Internet version is intended to be an extension of them. However, being a seller on lasmexicanitas.ca does not guarantee a spot in the physical markets.

The Physical Markets are organized independently with a limited space. Announcements will be made on social media in due time and spots will be given on a “first come, first served” basis.

Registration on the plateform and on Stripe.com

Registration on the site using a valid e-mail validated by the system is necessary to then be able to choose a subscription offer.

Once registration is complete, the request is sent for validation to the administrators. This is to prevent fraudulent bot registrations from the internet, so the only purpose is to flood The «Marché» with fraudulent products.

Once the registration is validated, the seller will be contacted by email and invited to continue the registration process, as well as to start configuring his/her store.

Registration on stripe.com is also mandatory for all sellers. Stripe (stripe.com) is an extremely popular payment platform in North America. The free and secure registration associated with our platform allows sellers to be paid instantly when customers use their credit card (excluding Paypal). It is also used to manage our entire subscription system and is therefore essential to be able to use our services. Stripe will not take any commission on the sellers’ share, the commission being paid entirely by The «Marché».

A registration on Paypal is a plus but Optional.

Commission, subscriptions and services for vendors

The regular commission charged by The «Marché» is 6% of the total amount of the transaction carried out by the client. The purpose of this commission is to cover the following costs:

  • Financial intermediaries such as Stripe or Paypal (2.9% + 0.30c per transaction for Canadian cards. + 0.6% for international cards.)
  • Costs related to the possible use of fraudulent cards (15 cad or 20 cad per disputed case)
  • Bank charges lost during customer refunds.
  • Platform maintenance costs (hosting, security, functionalities, administration, maintenance).

Subscription offers may change over time, but the one assigned to a seller’s account will never be changed without their consent, unless it offers a range of features and benefits greater than the previous one.

Personalized and unique offers can only be considered if personal and / or financial reasons justify them.

Subscription offers with different commissions are being considered for the future and will be added to the introductory offers with the standard commission of 6%

Additional services such as on-site advertising using banners or visual popups, or professional product photography will also be available in The «Marché» own Store.

The amount of the subscription is automatically debited with the chosen payment method (Paypal or Stripe), depending on the frequency of said subscription. The reference day being the day of registration

Vendor payment and taxes

When purchasing by credit card, the payment made by Stripe is instantaneous and will automatically reach the seller’s bank account between 2 and 4 working days. The «Marché» commission is automatically deducted from the gross amount of the purchase.

During purchases made by Paypal or other means of payment, the balance owed by The «Marché» to the seller (s) is accumulated in a separate account and is paid at the end of each month, via the payment method chosen by the seller. The minimum amount must be 20 CAD (Manual payments causing costs for The «Marché». Example: Interac payment). Where applicable, payment will be postponed to the following month unless the seller (s) informs The «Marché» of a reasonable justification.

Transactions between the seller (s) and The «Marché» are carried out with gross amounts. It is then the full responsibility of the seller (s) to make the appropriate tax and income declarations at the level of the organizations concerned.

Promotion and advertising

The «Marché» is responsible for the promotion on the internet and social networks of the platform only.

Each store is responsible for its own promotion on its own social networks and we highly encourage to do so.

Additional costs are to be considered so that the store or the products of a seller (s) are highlighted on the site (Banner, popups, “Featured” section)

Product management and configuration.

Each seller is responsible for the configuration of his/her store, the updating of his/her products, images, inventories.

Each seller is committed to ensuring that the products presented for sale are realistic and original. Any counterfeit product or product sold without respecting the laws in force in Quebec and Canada will be withdrawn.

Copyright of product photos

According to the laws in Canada, the ownership of a photograph is given to the photographer. Taking a photo from the internet from commercial purposes is illegal without the agreement of its author. Therefore, product photos must be original, or vendors must have an author’s license to use them for commercial purposes, failing which photos could be asked to be removed. The «Marché» cannot be held responsible for a failure to respect the copyrights by one of its sellers.

In the event of repeated failures to comply, and after warning, the store concerned could be closed and the costs incurred would then be lost.

Each seller is required to indicate in his shop his own rules for respecting copyright, if he so wishes.

However, the seller accepts at the moment any photograph is uploaded and used to sell a product, the seller agrees that The «Marché» can use them as part of the promotion of the market activities, especially on, but not limited to, the internet and social networks, as well as promotional flyers during physical markets and other promotional activities.

Termination of contract by The «Marché»

The «Marché» reserves the right to terminate the contract binding it with the seller (s) for reasons which may tarnish its E-reputation (non-exhaustive list):

  • Failure to respect market rules or its philosophy
  • Incorrect attitude towards clients acting in good faith.
  • Repeated complaints from customers
  • Tainted or misleading or fraudulent products

In these cases considered by The «Marché» as serious, and after deliberation by the team, the store could be deactivated and the costs incurred by the seller (s) (subscriptions, commissions) lost as financial compensation for the damage. suffered. In the event that this decision is contested, if an friendly and reasonable agreement cannot be reached, any legal action must then be taken to the competent courts of Montreal, Quebec (Canada).

Termination of contract by the seller

The «Marché» wants to be a unifying community on a human scale. If a seller is having difficulty paying for their subscription, it is always possible to find a way to set up a personalized solution or to pause the store, it is important to come and talk to the administrators. as early as possible so to avoid automatic and problematic defaults.

The end of a subscription and the non-renewal of the latter automatically results in the deactivation of sales of products in the store. It is the seller’s responsibility to complete any pending order within a reasonable timeframe, failing which The «Marché» will initiate the automatic refund process, which may incur costs. It is possible to reactivate the store free of charge within 3 months of the end of the subscription. All you have to do is choose a new offer and proceed to payment to reactivate the sale of the products. After 3 months, the store will be totally deactivated, and the products will be archived. Reactivating the store and all products will then incur an administration fee of CAD 35, failing which it would be necessary to start over the entire registration and registration process.

A refusal of the new conditions following an amendment, and after discussion with the managers of the store, would then result in the deactivation of sales of the store’s products. It is the seller’s responsibility to complete any pending order within a reasonable timeframe, failing which The «Marché» will initiate the automatic refund process, which may incur costs. It is possible to reactivate the store free of charge within 3 months of the end of the subscription. Any pending payment from The «Marché» to the seller (s) would be made and current subscriptions would be reimbursed in proportion to the time spent between the start of the subscription and the day of refusal by the seller (s). of the amendment to the general conditions. A final receipt would then be issued to the store to seal the contract. After 3 months, the store will be totally deactivated and the products will be archived. Reactivating the store and all products will then incur an administration fee of CAD 35, failing which it would be necessary to start over the entire registration and registration process.

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