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Seller General Conditions of Sale

GENERAL CONDITIONS OF SALE SPECIFIC TO

TO THE SERVICES OF THE PLATFORM “MOMS PAYING MOMS”

This agreement (hereinafter the “Agreement”) sets forth the terms and conditions that apply to the purchase of all services for sellers (hereinafter “Services”) on the website “Moms paying Moms” of Marianna Bonfa (hereinafter the “Platform”), doing business under the name “Moms Paying Moms”, domiciled at 61 rue Belfort, Lorrain, province of Quebec (J6Z2T4), in Canada (hereinafter “MPM”).

MPM provides its customers with a Platform allowing mothers (hereinafter individually referred to as “Seller-Mom” and collectively referred to as “Seller-Moms”) to sell their products and services related to motherhood to other mothers and to operate independently and with their own terms and conditions of sale (hereinafter “Resources”). MPM at no time owns or sells Resources for or on behalf of our Sellers.

The terms “you” and “your” refer to the Seller-Mom purchasing the Services.

This Agreement has the effect of legally binding the Seller-Mom and MPM (hereinafter the “Parties”). The Parties are entitled to invoke this convention and to take all appropriate and necessary measures to enforce it.

By using this Platform to purchase the Services, you must accept the Agreement and you agree to be bound by it. You represent that you are of sufficient age to enter into this Agreement. This Agreement contains important information about your rights and obligations and sets forth restrictions and exclusions to which you may be subject.

For more information about your rights and obligations, we suggest that you read the laws and regulations applicable to this area.

  1. AUTHORIZATION TO USE ELECTRONIC DOCUMENTS

You hereby authorize the exchange of documents and information between you and MPM via the Internet, e-mail or telephone. You agree that this Agreement is equivalent to an original written Agreement between you and MPM. You also agree that all agreements, notices, information and other communications that we provide to you electronically satisfy any legal requirement that such communications be made.

  • OTHER DOCUMENTS, AGREEMENTS AND POLICIES

The use of the Platform as well as the activity of MPM and the Seller-Mom is governed by various policies. This includes the Privacy Policy , Terms of Use (hereinafter the “Other Policies“). You represent that you have read the Other Policies and agree to be bound by their terms and conditions.

Notwithstanding the foregoing, the provisions of this Agreement take precedence over the provisions of the Other Policies. In the event of any inconsistency between the provisions of this Agreement and the Other Policies, the provisions of this Agreement shall apply.

  • SERVICES – MEMBERSHIPS

Seller-Moms can enjoy additional capabilities that allow them to offer and sell Resources through the Platform by creating an account and having a seller membership (hereinafter “Seller Membership”).

MPM offers two (2) Seller Membership options. Each Seller Membership has different features and privileges, payout rates, and fees.

a)Option 1: the subscription to the Seller Member is free and MPM will receive twenty percent (20%) from the sale of your Resources.

b)Option 2: the subscription to the Seller Member is fifty American dollars (50 USD) (hereinafter “Membership Fee”) and MPM will receive five percent (5%) from the sale of your Resources.

For both options, the percentage kept as a commission (5% or 20%) by MBM from a sale of your Resources is hereinafter referred to as “Transaction fee”.

The applicable Transaction fee is applied only to the sale price of each Resource at the time sold, before any service fees or shipping charges are applied. Please refer to Section H of the Terms of Use  to see how they apply.

By purchasing a Seller Membership, the Seller-Mom must respect the conditions listed in the Terms of Use  before and while using the Services.

Your payouts are described at Section 7 of this Agreement and in the Terms of Use

  • ORDER

Buying a membership

You are responsible for paying any amounts due, including any applicable taxes, when you make purchases on MPM (hereinafter “Order”).

When you purchase on MPM, you will be charged (in USD) the list price for each item as well as applicable state and local sales taxes, and any fees associated with your order.

By placing an order, you represent and warrant that the billing information you have provided is accurate.

The Seller Membership’s duration is one (1) year starting the day of the Order. Unless terminated by the Seller, the Seller Membership is automatically renewed every year on the membership’s anniversary date. For any membership for which a Membership Fee applies, the amount mentioned in Section 3 will be automatically billed. Please contact info@momspayingmoms.com if you want to cancel the renewal.

  • TERMS OF PAYMENT

All Orders are considered final and non-refundable once an order is submitted.

The terms of payment shall be determined by MPM, at its discretion. MPM allows payment to be made by the following means:

  • Paypal; or
  • Stripe.

The Seller-Mom will pay directly to the PayPal or Stripe. The Seller-Mom can thus use all the payment methods defined by PayPal or Stripe: PayPal account, Visa, Mastercard, American Express and debit card.

MPM may occasionally provide discounts, rebates, promotional codes for the benefit of Seller-Mom. The Seller-Mom can find out about these by e-mail and/or by consulting the Platform.

The Seller-Mom may not pay for her Order in several instalments. All payments shall be made in full and in one instalment.

  • SELLER’S OBLIGATIONS

By using the Services, the Seller-Mom agrees to have her own general conditions of sales (hereinafter “Seller General Condition of Sale”) for her Resources and they must be presented in a comprehensible manner to the buyers. MPM is not liable for the Seller General Condition of Sale. Except as otherwise provided by law in certain situations, MPM is not responsible for any refunds or returns offered by the Seller-Mom in her Seller General Condition of Sale.

The use of the Services by the Seller-Mom, including the eligibility of Resources, taxes on sales, shipping process and the other fees, needs to comply with the Terms of Use, and more specifically to Section G.

Other fees

Seller-Moms are responsible for any other fees or costs they may incur and for paying any applicable income, sales, or other taxes they may be subject to as a result of using the Services. Please read and refer to Section H of the Terms of Use .

  • PAYOUTS

By using the Services and to fully benefit from them, the Seller-Mom agrees to create their own Paypal account to receive the earnings generated by the use of the Services (hereinafter “Earnings”).

When a transaction takes place, Paypal or Stripe is responsible for dividing the revenues according to the terms mentioned in Section 3 of this Agreement and in Section H of the Terms of Use and the Terms of Services of weDevs Pte.Ltd. The Buyer will receive the earnings directly on their Paypal Account or Stripe Account. According to the type of payment, Paypal’s terms and Stripe’s terms are applicable regarding the payouts. Both platforms use “weDevs Plugin” to split the revenues between the Seller and MBM and they must refer to the Terms of Services of weDevs Pte.Ltd. MBM can not be liable for this split.

  • RELATIONSHIP

This Agreement is the entire agreement between you and MPM, and they govern your relationship with MPM. Becoming a Seller-Mom with MPM’s Services does not create an agency, employment, or partnership relationship between you and MPM. MPM is not the employer of and does not act as an agent for any Seller-Mom. 

Cancellation by MPM

We may, in our discretion, close or suspend the account of any Seller-Mom at any time for any reason, with or without notice.

In the event of a serious breach of this Agreement, or if MPM has reason to believe that your actions are necessary to protect the safety and integrity of MPM, the Seller-Mom, its other users or third parties, for fraud prevention or investigation purposes, MPM may make the decision to:

  1. TAXES

Unless otherwise specified, prices do not include applicable federal and provincial sales taxes.

Taxes will be shown separately for each order in the Order confirmation as applicable.

You must pay all sales, use, goods and services, harmonized sales and other taxes and duties on the order.

  1. EXLUSION AND LIMITATION OF LIABILITY

Not applicable to Customers residing in the Province of Quebec: Subject to applicable law, MPM makes no warranties, conditions or undertakings of any kind whatsoever and offers no warranties other than those expressly stated on the Platform. MPM excludes, including but not limited to the foregoing, any liability for claims related to normal wear and tear, misuse of the Service or unlawful use thereof. MPM’s liability in the event of proceedings arising from these online shopping terms and conditions shall be limited to the purchase price paid by the Seller-Mom to MPM for the Order in question.

Applicable to Customers residing in the Province of Quebec: MPM shall not be liable for any damages or claims related to misuse, abuse, modification, misplacement or misappropriation of the Service.

  1. FORCE MAJEURE

MPM will not be held responsible for the total or partial non-fulfillment of any of its obligations towards the Seller-Mom, nor for the damages or losses that the Seller-Mom may suffer if the non-fulfillment, the damage of the Order or the losses are the result of a force majeure or natural disaster.

Force majeure shall mean any and all events beyond the control of the Parties that are unforeseeable and unavoidable, including, but not limited to, natural catastrophes, bad weather, fire, flood, avalanches, landslides or subsidence, strikes, sabotage, embargoes, or interruptions or delays in transportation or communications, tooling accidents and scrap of important parts during manufacture duly noted by the Seller-Mom or one of its representatives, acts or regulations emanating from public authorities, civil or military, (including delays in obtaining authorizations or permits of any kind), war. …, which have the effect of rendering the Agreement temporarily or permanently unenforceable.

If such an event occurs, as previously defined, MPM will notify the Seller-Mom in writing and the execution terms will be automatically extended by the duration of the event. If the duration of the force majeure event is longer than two (2) month, the Seller-Mom may cancel the Order by means of a notice sent to MPM.

  1. GOVERNING LAW AND TERRITORY

This Agreement shall be interpreted in accordance with the laws of the Province of Quebec and the laws of Canada applicable therein.

This Agreement shall be treated in all respects as a distance selling contract governed by the laws of the Province of Quebec, without regard to conflict of laws principles.

  1. MEDIATION

Before going to court, the Parties agree to jointly appoint and have recourse to a mediator in the event of a dispute concerning the performance, application or interpretation of these General Terms and Conditions of Sale.

  1. COMPETENT JURIDICTION

Notwithstanding any attribution of jurisdiction and applicable law, where the Customer is a consumer within the meaning of the Quebec Consumer Protection Act, then any dispute relating to these Terms shall be governed by the laws of the Province of Quebec, and shall necessarily be brought before a court of competent jurisdiction pursuant to the rules of the Code of Civil Procedure.

  1. HEADINGS

Some headings are included in the hereby Agreement in the order to facilitate the consultation and have no incidence on the interpretation of the Agreement. The hereby Agreement is interpreted by the dispositions in the Civil Code of Québec.

  1. MINOR

MPM reminds that the Platform is intended for use by a person who is at least 18 years old, not by a minor.

19.RELEASE

You may not assign your rights or obligations under this Agreement without the express written consent of MPM.

20.APPLICATION

The Parties are bound by this Agreement and acknowledge that they are aware of each other’s rights and obligations.

21. CONSUMER’S PROTECTION

The provisions of the Agreement are not intended to replace the Consumer Protection Act, the latter being applied as a priority when the situation requires it.

22. INTERPRETATION

The hereby Agreement is interpreted by the rules of the Civil Code of Quebec. The clauses are interpreted in the light of other clauses in the hereby Agreement by giving the general meaning used in the hereby Agreement. 

23. FRENCH AND ENGLISH LANGUAGE

If a problem of definition or interpretation arises between the English and French versions of this General Terms and Conditions of Sale, the English version shall prevail.

24. ENTIRE AGREEMENT

The hereby Agreement replaces all previous agreements and conventions (electronic, verbal or written) concerning the hereby object and they can only be modified by following the rules of the Agreement.

25. NO WAIVER

The fact that MPM does not enforce any provision of this Agreement or does not respond to a breach of this Agreement by the Seller-Mom, or any third party does not mean that MPM waives its right to enforce the terms and conditions of this Agreement or to respond to similar breaches in the future.

26. MODIFICATION OF THE CONDITIONS

MPM reserves the right to modify, change or update this Agreement. MPM will notify the Seller-Moms by email thirty (30) days prior to the effective date of such changes.

Seller-Mom’s use of the Platform after changes signify Seller-Mom agreed to abide by and be legally bound by the amended Agreement. If the Seller-Mom does not agree to this Agreement or, as the case may be, to the agreement as amended, Seller-Mom shall not, or shall no longer, use the Platform. She will have at the latest, thirty (30) days after the entry into force of the modifications to send a notification to the MPM.

CONTACT PERSON

If the Seller-Mom has any questions or comments regarding any content of the Platform, she can contact us at info@momspayingmoms.com.

By proceeding with the Order, the Seller-Mom declares having read and understood this Agreement and that the entirety of this Agreement does not contain any illegible or incomprehensible clause, and the Seller-Mom accepts the entirety of this Agreement WITHOUT ANY RESERVATION.

Last update done July 25th, 2022.