Terms of Use for Sellers on Commerce Opus

Commerce Opus is a product of Solution Alt64 Inc., a company registered in Quebec under NEQ 1179844411.

1. Account Creation and Eligibility

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, including the legal name, address, contact information and any applicable licenses or permits.

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. Fees and Commissions

2.1. The regular monthly subscription to have a shop on Commerce Opus is CAD $29.99. A promotional launch rate of CAD $19.99/month for life is offered to the first registered customers.
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. Authorized and Prohibited Products

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. Seller Obligations

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. Shipping, Returns and Customer Service

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. Intellectual Property and Content

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. Account Termination and Suspension

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. Limitation of Liability and Indemnification

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. Amendments and Governing Law

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.

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