TERMS AND CONDITIONS - SERVICE CONTRACT
BETWEEN THE PARTIES
On the one hand, hereinafter, referred to as the "Vendor",
And on the other hand: Acheter Quebec inc. hereinafter referred to as
The Vendor and the Intermediary may be individually designated by a "Party"
and collectively the "Parties".
Each party (the Vendor) 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
The Vendor 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 Intermediate.
The Vendor 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 Vendor, the
Vendor 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 Vendor 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 Vendor 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 Vendor 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 Vendor must comply with the conditions listed in Annex A.
3. Intellectual property rights
The Vendor 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 Vendor 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 Vendor, 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 Vendor'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 Vendor 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 Vendor 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 Vendor, respecting the rules in force in
Quebec. He will strive to promote products and services in Quebec and
develop their sales. The Vendor 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 Vendor to the
The intermediary will redirect orders for products and services to the
Vendor 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 Vendor's account via the Stripe
transfer processor with each order automatically following the shipping
confirmation, or once a month via a transfer if the Vendor does not wish to
use Stripe, as well as for transactions made via a gift certificate.
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 Vendor 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 Vendor.
7. Duration of the Agreement
This Agreement shall be effective upon activation of the Account and shall
remain in effect until terminated by either party.
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 – VENDOR’S CONDITIONS
1. Quebec business
The Vendor must be a company registered with the Registraire des
entreprises du Québec. The Vendor 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 AcheterQuebec.com. The Vendor must have all permits
and licenses required to be compliant and up to date in order to offer its
products and / or services.
The Vendor'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 impact on this agreement.
Any Content created or shared on AcheterQuebec.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 Acheter Quebec (acheterquebec.com) is to promote the
products and services of local entrepreneurs and to offer unparalleled
service to users. The Vendor'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
Vendor is present, or the least expensive.)
- Ensure delivery
- Respect your prices as displayed on the acheterquebec.com website.
- Deliver a quality product
- Manage the return of goods
- Assume the costs of returns if applicable
- Honor the guarantees stipulated
APPENDIX B – FINANCIAL TERMS
Standard commission chart by product categories
Commission rate on products, packages and services: 6.9%
Credit card transaction fee via Stripe of 2.9% + $ 0.30 per transaction
More advantageous rates may be available with certain subscriptions.
Prices for advertising on the AcheterQuébec.com website are available on
Acheter Quebec reserves the right to modify its rates and prices without