BETWEEN THE UNDERSIGNED ON THE ONE HAND
Hereinafter, referred to as the "Seller",
And on the other hand: Acheter Quebec inc. hereinafter referred to as "Intermediate",
The Seller and the Intermediary may be individually designated by a "Party" and collectively the "Parties".
Each party (the Seller) acknowledges that it may have access to certain information, information or documents from the other party (Intermediary), which are confidential and / or of its own, which constitute the property of the “Intermediary and which are not known to the public or the competition.
The Seller acknowledges that "Confidential Information" is confidential in nature and is the exclusive property of the Intermediary and constitutes a special, irreplaceable asset of great value for it, and that disclosure in any way either and to anyone, including, but not limiting the generality of the foregoing, to any person in competition with the Intermediary or the general public, any information relating to "Confidential Information" will be highly high prejudicial to the Seller.
The Seller acknowledges and agrees that the Intermediary is entitled to ensure the protection and respect of the strictly confidential nature of "confidential information". Consequently, for a period of three (3) years following the date of the disclosure by the Intermediary to the Seller, the Seller agrees to treat "Confidential Information" confidentially, to take all the necessary precautions to “Ensure the protection and confidentiality of“ Confidential Information ”and not to disclose or use other than in the context of its business relations with the Intermediary.
COMBINATION IT WAS PREVIOUSLY EXPOSED WHICH:
1. The Seller manufactures and / or markets (hereinafter referred to as "products and services").
2. The Intermediary is a company specializing in the promotion and marketing of products and services from Quebec via a website.
IT HAS BEEN AGREED AS FOLLOWS:
1. Purpose of the Agreement
The Agreement defines the conditions under which the Seller allows the Intermediary to distribute, promote and market products and services.
2. Nature of the contractual relationship
The Intermediary redirects orders received by email to the Seller so that they can deliver them.
The Parties are independent professionals from each other who will always act as such, it being understood that the debts and obligations of one Party cannot in any case be transferred to the other Party.
The Seller must comply with the conditions listed in Annex A
3. Intellectual property rights
The Seller declares and guarantees that it has all the intellectual property rights related to its products and services, that it does not infringe any third party right and that it can validly grant a license to exploit its rights to the 'Intermediary, for the purposes of marketing said products and services.
The Seller grants the Intermediary, during the term of the agreement, a free license to exploit all intellectual property rights related to products and services, to the extent necessary for the marketing of these products and services.
Thus, the Intermediary will have the right to let the public know that it is the Intermediary approved by the Seller, to advertise the products and services and, more generally, to make direct and personal use of all the rights of intellectual property related to products and services, in particular all brands and all other distinctive signs, in order to promote and market the Seller's products and services. He may promote products and services by any means and on any medium, in particular on the Internet.
4. Characteristic obligations of the Parties
The Seller guarantees to the Intermediary that the products and services comply with the standards in force applicable to them in its sector of activity, as well as with its own declarations on them. The Seller will assume its obligations in terms of security and conformity of products and services. It will provide at its exclusive cost the legal guarantee as well as any possible contractual guarantee of products and services and any possible after-sales service as well as returns. It will be exclusively responsible in the event of lack of conformity, hidden defect, defectiveness, problem with regard to the security of products and services. It will scrupulously meet its obligations in terms of health and safety of products and services, in particular by monitoring the risks that they may present, as well as monitoring them and by reporting without delay the risks of which it might have knowledge.
The Intermediary is a professional with the skills and means necessary to perform the services referred to in this Contract. He will ensure the marketing of products and services in accordance with the quality standards and the commercial policy of the Seller, respecting the rules in force in Quebec. He will strive to promote products and services in Quebec and develop their sales.
The Seller will communicate to the Intermediary all the information and all the content useful for the promotion and marketing of products and services, such as texts, logos, images, prices, promotions, videos and any other information deemed necessary. .
5. Financial conditions
5.1. Sale price of products and services from the Seller to the Intermediary
The intermediary will redirect orders for products and services to the Seller in accordance with a list of commissions which appears in Appendix B of the agreement.
5.2. Payment period
The funds will be deposited into the Seller's account via the Stripe when the order is process or once a month if Sellers don't want to use Stripe, or when purchase is made with gift card.
To facilitate management and avoid unnecessary banking transactions, the commissions received by the Intermediary, as defined in the policies for using the platform, will be deducted at source, at the time of purchase by the consumer. The commission will be deducted from the sale amount before taxes and transport costs.
5.3. Quality Standard for Products and Customer Service
The quality of the products and services offered to consumers on the site is of great importance to the Intermediary. Thus, a rating of 1 to 5 stars can be assigned by consumers for each product purchased. The Intermediary reserves the right to terminate the agreement with the Seller on the basis of a breach in the quality of one or more of its products or services.
6. Order, delivery, transport, transfer of ownership of products and services and transfer of risks
Shipping, transport, insurance, customs clearance, customs duties and all other costs related to the delivery of products and services will be entirely at the expense of the Seller.
7. Duration of the Agreement
This agreement comes into effect upon activation of the account.
8. Termination of the Agreement
A Party may terminate the Agreement unilaterally and with immediate effect, in the event that the other Party has not remedied a significant breach of any of its obligations under the Agreement or the obligations inherent in the activity carried out, at the latest 60 days after the notification indicating the intention to apply this clause, sent by registered letter with request for acknowledgment of receipt or by any other sufficiently convincing written means.
9. Rules governing the Contract
9.1. Applicable law and jurisdiction clause
The Agreement is governed by the law of Quebec. It must be applied and interpreted in accordance with this right.
9.2. Entire agreement
This agreement, which expresses the entire agreement of the Parties relating to its object, cancels and replaces all previous commitments, declarations, promises or agreements entered into between them in relation to this object.
9.3. Fees, duties and fees
Each Party shall bear the fees, costs and disbursements of its respective lawyers, advisers, accountants and other experts, and all other expenses incurred upon the entry into force of these, and the operations and agreements referred to therein.
Annex A Sellers Conditions
1. Quebec company
The Seller must be a company registered with the Quebec enterprise registrar . The Seller is responsible for the traceability of the products and facts announced or promoted and must respond with transparency if questions are asked.
2. Products and Services sold
All products or services sold must comply with all laws and rules associated with these products or services. All counterfeit products are strictly prohibited on Aecheter Québec.com. The Seller must have the permits and licenses compliant and up to date to offer its products and / or services.
The Seller's products and services must be of quality as well as its brand image which must demonstrate this. The consumer has the opportunity to comment and rate the quality of the products or services offered to him. Products or services that fail to achieve a pass score of 3 out of 5 on a regular basis or fail to meet the requirements will be removed from the site. The Intermediary reserves the right to withdraw from the site any product or service that does not meet the required quality criteria, without having to comply with clause 7 of this agreement.
Any Content created or shared on AcheterQuébec.com must respect the security and confidentiality rules. No abusive, racist, sexist, vulgar, misleading or threatening content will be accepted or tolerated.
5. Customer service
The mission of buyingQuébec.com is to promote the products and services of local entrepreneurs and to offer unparalleled service to users. The seller's customer service must therefore assume and respect the following:
• Respect the shipping and processing times
• Honor commitments and inform customers if it is not possible to meet delivery times or product prices
• Resolve conflicts and disagreements with consumers
• Respond to consumers within a reasonable time
• Respect the prices displayed (that the prices displayed on the AcheterQuébec.com site are the same as on all other sites on which the Seller is present, or the least expensive.)
• Ensure delivery
• Deliver a quality product
• Manage the return of goods
• Assume the costs of returns if applicable
• Honor the guarantees stipulated
Standard commission charter according to product categories
Commission rate: 6.9%
Plus 2,9% credit card transaction fee + $ 0.30 per transaction
This charter can be modified subject to any reservation.
More advantageous rate available with subscription.