Terms of Use for Commerce Opus

1.1. To create a shop on Commerce Opus, you must be at least 18 years old, or have the legal authority to bind a business.

1.2. You must provide accurate, complete and current information about your business.

1.3. You must link a valid bank account through our payment partner Stripe to receive funds from your sales. You are responsible for maintaining the validity and security of this account.

1.4. You agree to keep all your account information up to date and notify Commerce Opus of any relevant changes as soon as possible.

2.1. The regular monthly subscription to have a shop on Commerce Opus is CAD $19.99 for Standard and CAD $29.99/month for Premium.

2.2. A commission of 5% is charged by Commerce Opus on each completed sale through the platform. This amount is automatically deducted before transferring funds to the seller.

2.3. All subscription fees are due in advance for the coming month and are non-refundable. Past due accounts may be suspended or closed.

2.4. Commerce Opus reserves the right to change fees and commissions with 30 days notice to sellers. Continued use of the platform after the new rates take effect constitutes acceptance of them.

3.1. As a seller, you can only offer for sale goods and services that are legal to sell and for which you have full resale rights.

3.2. Prohibited products on Commerce Opus include but are not limited to: illegal, regulated or dangerous items, counterfeit products, items violating intellectual property rights, as well as anything obscene, defamatory, threatening or contrary to good morals.

3.3. Commerce Opus reserves the right to immediately remove any product deemed unacceptable, at its sole discretion, without notice. Repeated violations may result in closure of the offending seller's account.

4.1. As a seller, you commit to describe your products and services honestly, accurately and completely, including relevant details about features, quality, restrictions, etc.

4.2. You must clearly display your prices, include all taxes and fees in the total price, and honor that price once the customer has placed the order.

4.3. You are responsible for promptly processing customer orders, keeping them informed of progress and any delays, and providing courteous and diligent customer service.

4.4. You must adequately package products, ship them by a reliable method, provide a tracking number and proof of shipment upon request, in accordance with your posted policies.

4.5. You are solely responsible for complying with all laws and regulations applicable to your sales activities, including tax laws, licenses, product safety standards, consumer protection, etc.

5.1. Each seller must define and clearly post their shipping and return policies, including proposed shipping methods, usual timeframes, costs and handling of returns or refunds.

5.2. Sellers are responsible for handling and shipping orders. Commerce Opus cannot be held liable for delays, damage or loss once the package is entrusted to the carrier.

5.3. Sellers should strive to promptly process customer requests, answer their questions, and diligently resolve issues such as defective or non-conforming items.

5.4. Sellers must abide by their return policy posted at the time of purchase, accept returns and issue applicable refunds or exchanges through the platform within the specified timeframes.

6.1. By submitting content (text, photos, graphics, videos, etc.) on your shop, you warrant that you hold all necessary rights and permissions on that content. You remain the owner of your content.

6.2. You grant Commerce Opus a non-exclusive, worldwide, royalty-free, and transferable license to use, reproduce, adapt and disseminate your shop content for the sole purpose of providing and promoting the platform's services.

6.3. You may not upload, post or transmit through Commerce Opus any content that infringes on the intellectual property rights of others (copyright, trademarks, etc.), unless you hold a valid license to do so.

6.4. Commerce Opus reserves the right to remove any content deemed a potential infringement of third-party rights, at its sole discretion. Repeated violations may lead to termination of the seller's account.

7.1. Commerce Opus may immediately suspend or terminate a seller's access to the platform, without notice or compensation, in the event of a substantial violation of these terms, illegal, fraudulent or harmful activities.

7.2. Grounds for termination include, but are not limited to: repeated infringements of intellectual property rights, sale of prohibited products, use of fake reviews, customer service abuse, repeated customer complaints, failure to pay fees, etc.

7.3. Sellers can close their shop at any time by contacting Commerce Opus support. The account will be closed within 30 days, subject to resolution of pending orders and disputes.

7.4. Upon closure of an account, Commerce Opus reserves the right to withhold the seller's funds for a reasonable period to cover potential refunds or claims.

8.1. Commerce Opus provides its platform and services "as is", without warranty of any kind, whether express, implied or statutory, including warranties of quality, performance or fitness for a particular purpose.

8.2. In no event shall Commerce Opus be liable to sellers for indirect, incidental, consequential, exemplary or punitive damages arising out of the use of the platform, conflicts with customers or any other related claim.

8.3. Commerce Opus' total liability to a seller, regardless of cause, shall not exceed the greater of: (a) the total amount of commissions earned on that seller's sales in the preceding 12 months or (b) $100.

8.4. Each seller agrees to indemnify, defend and hold harmless Commerce Opus and its officers, employees and agents from any liability in the event of a claim, lawsuit, demand or damage arising from its activities, products, acts or omissions on the platform.

9.1. Solutions Alt64 Inc. reserves the right to update or modify these terms of use at any time by posting a revised version on Commerce Opus website. Substantial changes will be communicated to sellers at least 30 days before taking effect.

9.2. Continued use of the platform after the revised conditions take effect constitutes acceptance of those changes.

9.3. These terms of use and any dispute between a seller and Commerce Opus are governed by the laws of the Province of Quebec and the applicable federal laws of Canada.

9.4. Unless otherwise provided by law, any dispute arising from these terms or the use of Commerce Opus shall be submitted to the exclusive jurisdiction of the courts sitting in the district of Montreal, Quebec.

1.1. To make purchases on Commerce Opus, you must either provide your information at checkout or create an account by providing accurate and complete information, including your name, email address, and shipping details.

1.2. You are responsible for the confidentiality of your password and account, if any. Any activity performed under your account is deemed to have been done by you.

1.3. You agree to use Commerce Opus only for lawful purposes and in accordance with these terms of use. You may not use the platform in any way that could interfere with its operation or the experience of other users.

2.1. By placing an order on Commerce Opus, you agree to pay the displayed price, along with any applicable shipping fees and taxes, using an accepted payment method.

2.2. Payments are securely processed by our partner Stripe and paid directly to sellers. Commerce Opus does not hold your money.

2.3. You acknowledge that Commerce Opus is not responsible for errors in product listings, prices, or shipping fees displayed by sellers. In case of discrepancy, the seller may contact you to confirm your order before shipping.

3.1. Shipping times and methods may vary by seller and product. Please review each shop's shipping policies before placing your order.

3.2. Commerce Opus is not responsible for delays, damage, or loss occurring during shipping. Any disputes in this regard must be resolved directly with the seller or carrier.

3.3. By accepting delivery of an order, you acknowledge having received the correct items in good condition. Any discrepancies must be reported to the seller promptly, in accordance with their return policy.

4.1. Each seller defines their own return and refund policy. Please review it before making a purchase, as sellers are only required to accept returns and issue refunds in accordance with it.

4.2. To return an item, you must contact the seller within the prescribed timeframe, specifying the reason for the return and following the instructions provided.

4.3. Unless otherwise stated, return shipping costs are at your expense. Returned items must be in their original condition, unused, and accompanied by proof of purchase.

4.4. Refunds are issued by the seller according to their policy, after receiving and inspecting the returned items. The refund generally does not cover the initial shipping costs.

5.1. If you have any questions or issues regarding an order, please first contact the seller directly using the contact information provided in their shop or your order details.

5.2. If you are unable to resolve a dispute with a seller, you can file a claim through our customer service. Commerce Opus will attempt to facilitate mediation but cannot guarantee a settlement.

5.3. In the event of an ongoing dispute, Commerce Opus reserves the right to suspend the customer's and/or seller's account pending an amicable or judicial resolution.

6.1. Commerce Opus is committed to protecting your personal information in accordance with its privacy policy, available on its website.

6.2. By creating an account, you consent to Commerce Opus collecting, using, and sharing your data for purposes of order processing, communication, and service improvement, including with its sellers and partners.

6.3. Commerce Opus uses SSL encryption technology and other security measures to protect your information from unauthorized access. However, no Internet transmission is completely secure and we cannot guarantee absolute protection.

7.1. All intellectual property rights in Commerce Opus and its contents belong to Solution Alt64 Inc. or its licensors. You may not use, copy or reproduce these elements without permission.

7.2. By posting content on Commerce Opus (reviews, photos, questions, etc.), you grant Solution Alt64 Inc. a non-exclusive, worldwide, royalty-free license to use it on the platform and promote it.

7.3. You warrant that you hold all rights to the content you submit and agree to indemnify Solution Alt64 Inc. in the event of a third-party claim regarding it.

8.1. Commerce Opus is an online marketplace connecting buyers and sellers. We are not party to the sales contracts and cannot be held responsible for the acts or omissions of users.

8.2. To the fullest extent permitted by law, Solution Alt64 Inc. disclaims any and all warranties and conditions regarding Commerce Opus, whether express, implied or statutory, including warranties of quality, fitness for purpose or accuracy of content.

8.3. In no event shall Solution Alt64 Inc. be liable for direct, indirect, incidental or consequential damages resulting from your use of Commerce Opus or your relationship with a seller, another user or a third party.

9.1. Solution Alt64 Inc. reserves the right to modify Commerce Opus and its terms of use at any time by posting an updated version on its website. Continued use of the platform after the changes are posted constitutes your acceptance.

9.2. Solution Alt64 Inc. may, at its sole discretion and without notice, suspend or terminate your account and access to Commerce Opus if you violate these terms, the law, or the rights of others, or if your actions are detrimental to the platform or its users.

10.1. These terms of use are governed by and construed in accordance with the laws of the Province of Quebec and the applicable federal laws of Canada.

10.2. Unless otherwise provided by law, any dispute arising out of or related to your use of Commerce Opus shall be submitted to the exclusive jurisdiction of the courts of the district of Montreal, Quebec.