1.1 The Canada Crafters platform (the ‘Site’) is available at canadacrafters.ca. We will refer to our website and other services as our “Services”, and Canada Crafters will be addressed individually or collectively as “Canada Crafters”, “we”, “us”, or “our”. You should read through the following Terms of Service carefully before using the Site or any of our Services. By browsing our Site, you’ll be agreeing to our Terms.
1.2 This document and any documents referred to within it will collectively make up the ‘Terms of Service’.
1.3 Our “Services” include (a) the site, (b) the services provided by the site, (c) all information, linked pages, features, data, text, images, photographs, graphics, music, sounds, video, messages, tags, content, programming, software, application services. Any new features added to or augmenting the Services are also subject to these Terms of Service. Content that is posted by Users using our Services will be “Your Content”. Your Content includes your profile pictures, listing photos, listing description, etc.
1.4 Our services include an online platform service that provides a place and opportunity for the sale of goods or services between the buyer (“Buyer”) and the seller (“Seller”) (also referred to as a Vendor), collectively known as “Users” or “Parties”. The actual contract for a sale is directly between the Buyer and the Seller. We are not a party to that contract or any other contract between Buyer and Seller. Parties to the transaction will be entirely responsible for the sales contract between them in accordance to the listing of goods, warranty of purchase and like. As such, We accept no obligations in connection to these contracts. However, if you have problems with your order, we may step in to help (refer to section 10). We cannot ensure that Users will actually complete a transaction.
1.5 We reserve the right to change, modify, suspend or discontinue all or any part of this Site or Services at any time. We may release certain Services or their features while they are still considered to be a beta version, which may not work correctly or in the same way as how the final version may work, and cannot be held liable in such instances. We may also impose limits on certain features or restrict your access to parts of, or the entire Site or Service at its sole discretion without notice or liability.
1.6 We reserve the right to refuse to provide you access to the Site or Service or to allow you to open an Account for any reason.
1.7 Although it is our intention that the Service is available as much as possible, there may be occasions when the Service may be interrupted, including for scheduled maintenance, upgrades and emergency repairs, or due to failure of telecommunication links and/or equipment. The Service and any content contained therein (including User Content) is provided on an “as available” and “as is” basis. This means that we are unable to promise that your use of the Service will be uninterrupted, without delays, error-free or meet your expectations and we do not give any commitment relating to the performance or availability of the Service in these Terms of Service and, to the extent we are able to do so, we exclude any commitments that may be implied by, or be expressed by, applicable law. You accept that the internet may be subject to breaches of security and that the submission of User Content or other information may not be secure.
2.2 Users in possession of another User’s personal data obtained through the use of the Services hereby agree that, they will (a) comply with all applicable personal data protection laws, (b) allow User (owner of personal data) the right to remove their collected data from User (receiver of personal data) from the database upon request.
3. Your Account
3.1 You’ll need to create an account with Us to use some of our Services. Here are a few rules about accounts with Us.
3.2 You must be 18 or older to use our Service. Otherwise you may only use our Services under the supervision of a parent or legal guardian.
3.3 You are responsible for your account. You’re solely responsible for any activity on your account. If you’re sharing an account with other people, then the person’s name on the account will be ultimately be responsible for all activity. If you’re registering as a business entity, you personally guarantee that you have the authority to agree to the Terms on behalf of the business. Also, your accounts are not transferable.
3.4 As we’ve mentioned above, you’re solely responsible for any activity on your account, so remember to keep your login and password secure.
3.5 You must make sure the email address you provide in your Account details remains active and is checked by you on a regular basis.
4. Limited License
4.1 We grant you a limited and revocable license to access and use our Services, subject to our Terms of Service. All proprietary Content, trademarks, service marks, brand names, logos and other intellectual property displayed in the Site are the property of Canada Crafters and where applicable, third parties proprietors identified in the Site. You agree not to copy, distribute, republish, mirror, frame or create derivative works without our prior written consent.
5. Your Content
5.1 Content that you post using our Services is your content. This includes your business name, profile pictures, listing photos, listing descriptions, etc.
5.2 You are solely responsible for Your Content. You represent that you have all necessary rights to Your Content and you’re not infringing or violating any third party’s rights by posting it.
5.3 Posting Your Content through our Services, you grant us a license to use it. This license allows us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify reproduce, distribute, store and prepare derivative works of Your Content to promote the Services or our Site. We do not claim ownership to Your Content, but we have your permission to use it to help us function and grow (i.e we may use your images to promote the show on social media, etc).
5.4 If content that you own or have rights to has been posted to the Services without your permission and you want it removed, please contact us. If your Content infringes another person’s intellectual property, we will remove it if we receive proper notice.
5.5 You agree to not post any content that is abusive, threatening, defamatory, obscene, vulgar or otherwise offensive or in violation of our Prohibited Items/Services section. You also agree not to post any content that is false, misleading or uses the Services in a manner that is fraudulent or deceptive.
6.Your Use of Our Services
6.1 We grant you a limited, non-exclusive, non-transferable and revocable license to use our Services. You agree that you will not violate any laws in connection without your use of the Services. This includes any local, state, federal and international laws that may apply to you.
6.2 You are responsible for paying all fees that you owe to us You are also solely responsible for collection and/or paying any applicable taxes for any purchases or sales you make through our Services.
6.3 You agree not to attempt to obtain source code of the services. You agree to not interfere with or disrupt/harm our services.
6.4 Violations of this policy may result in a range of actions, including any or all of the following: listing deletion, account suspension or legal action; if necessary.
6.5 If you believe a User on our Site is violating these terms, please contact us.
7. Purchase and Payment
7.1 Currently we only support Credit Card payments. These payments are processed through third-party payment channels (Stripe).
7.2 All sales on the platform are binding. The seller is obligated to complete the transaction with the buyer in a prompt manner unless an exceptional circumstance arises.
7.3 Buyers and Sellers may not make direct arrangements with the buyer or the seller to use a payment method other than Stripe available through the Service.
8. Seller Commission
8.1 The seller of any item/service will pay us a commission on the total transaction amount received by the seller (including taxes, if any), for any of the transactions made on our Site.
8.2 Our commission will be deducted directly from your funds before the funds are settled into your account.
8.3 All third-party payment channels charge a fee for payment processing. All payment processing fees will be included in seller commission that we charge, except in the case of any unexpected refunds or associated chargebacks, if applicable. Any additional unexpected fees charged by the payment processor will be paid by the Seller.
9. Seller’s Responsibilities
9.1 Sellers will properly manage and ensure that relevant information such as the price and the details of items, inventory amount and will not post inaccurate or misleading information.
9.2 The pricing of products for sale are determined by the Seller at his/her own discretion. The price of an item and shipping charges and sales tax, etc, will be listed separately.
9.3 Sellers are obligated to deliver/ship items as described in a prompt manner, unless there is an exceptional circumstance. If there are any exceptional circumstances the seller is obliged to contact the Buyer to inform them of any delays or inability to complete the transaction. The Seller must also inform us of such situation.
9.4 The seller is responsible for the shipment of the Item to the buyer unless buyer has selected Local Pick up. In which case the seller is responsible for delivering the items to the local distribution center in Dartmouth NS by the date specified.
10. Disputes with Other Users
10.1 If you find yourself in a dispute with another user of our Services or a third party, we encourage you to contact the other party and try to resolve the dispute amicably.
10.2 Should you be unable to resolve the dispute between you and another user, we may step in to help resolve the dispute. If you would like us to get involved, please contact us. We will help in good faith based on our policies. However, we will not make judgments regarding legal issues or claims.
10.3 Whether you are a Buyer or a Seller of a product, you must cooperate with us throughout the dispute resolution process. We ask that you provide all information relating to the dispute that we request for. Such requests will be directed to your designated email address. If we are unable to get a response from you we may close the investigation or determine that the investigation has been resolved in favour of the other party.
10.4 Disputes as a Buyer
10.4.1 You may raise two types of disputes, one where the ‘item is not delivered’ and the seller is not responding to any of your attempts to communicate. The second type of dispute is where the ‘item is significantly not as described’.
10.4.2 If you have received a refund/exchange from the seller, you may not report that transaction.
10.4.3 A Buyer can not dispute a sale simply because they have changed their minds about a product they have ordered. All sales are final once complete unless there is a genuine dispute about the quality of an item or it has not been received.
10.5 Disputes as a Seller
10.5.1 As a seller, we encourage you to communicate actively with your buyer especially if there are any exceptional circumstances. We encourage you to be prompt in responding to your Buyers in order to avoid any unnecessary disputes.
10.5.2 If the buyer attempts to pursue any chargeback options, you will be responsible for any chargeback or fees associated with the dispute.
11. Disputes with Us
11.1 If you are upset with us, please let us know and hopefully we can resolve your issue. If we are unable to resolve the issue, these rules will govern any legal dispute involving our Services.
11.2 Governing Law. The Canada Crafters local laws govern the Terms of Service. The local laws cover Dartmouth Nova Scotia. These laws will then apply no matter where in the world you live.
11.3 You agree that any dispute or claim arising from the Terms will be settled by arbitration where possible. Judgment on the arbitration award may be entered in any court that has jurisdiction. Any arbitration under the Terms will take place on an individual basis: class arbitration and class actions are not permitted. Any decisions made by the arbitrator will be deemed final.
11.4 To the maximum extent permitted by the law, our total responsibility for any claims relating to a Sale Transaction is limited to the Commission payable in connection with that Sale Transaction.
12. Prohibited Items/ Services
12.1 Canada Crafters is a curated marketplace. For a variety of reasons we prohibit certain types of items from our marketplace.
12.2 It is the Seller’s responsibility to ensure that their proposed item complies with all laws and is allowed to be listed for sale in accordance to local laws’ of Dartmouth, Nova Scotia. For Seller’s convenience we have provided a non-exhaustive guideline on prohibited and restricted items that are not allowed for sale. We will update this guideline from time to time where necessary.
12.3 If an item/service is found to be in violation of this policy, we may subject the Seller to a range of adverse actions, including listing deletion, account suspension, account termination and legal action.
12.4 The following types of items are prohibited: Alcohol. Tobacco products, smokeable products, e-cigarettes and e-liquid. Drugs and drug paraphernalia. Medicine, medicinal instruments and items with objectionable medical claims. Listings are prohibited to make claims such as having a causal relationship between a substance and the prevention, cure or treatment of a disease or condition. Live animals and insects. Items made or derived from animals, including, but not limited to, endangered species and exotic animals. Ivory or bones, including tusks, elk ivory, fossilized ivory or any ivory from ivory-producing animals. Human beings, human remains, body parts and items made from human remains, except for hair. Hazardous materials which are flammable, explosive, corrosive, radioactive material, poisonous or otherwise dangerous. Items or listings that promote, support or seek to engage users in illegal activity. Items or listings that promote, support or glorify hatred and seek to discriminate and/or demean on the basis of race, religion, gender, gender identity, disability or sexual orientation. Items that infringe copyright laws,Counterfeit items. Pornography and adult material. And any other items illegal or restricted in the jurisdiction of the Buyer and/or the Seller or which otherwise encourage illegal or restricted activities. If you see a listing that violates our policies, please contact us.
13. Messaging Via the Site
13.1 Messaging is your way to communicate privately with other Users. Messages are primarily intended for communicating about transactions and orders that are underway. You must not: Use the messaging system to send unsolicited advertising or promotions, request samples, loans, donations or “spam”; Pass on email addresses or any other information on to third parties; Spam other sellers; Use messages to knowingly harass, threaten, or abuse another User; Use messages to interfere with a transaction, including: contacting a User to buy or sell an item listed on Canada Crafters outside of the CanadaCrafters.ca Website (i.e. fee avoidance); or communicating with a User involved in an active or completed transaction to warn the User away from a particular buyer, booth or item.
14. Linking to this Website
14.1 It’s fine for you to link to canadacrafters.ca, as long as you do so in a way that is fair and legal, and doesn’t damage or take advantage of our reputation.
14.2 Please don’t link in a way that suggests any form of approval or endorsement by Canada Crafters where none exists.
14.3 Our Website must not be framed on any other site without our permission.
15. Vendor (Seller) Application Agreement
In order to apply to become a Vendor(Seller) on Canada Crafters applicants must agree to the full Terms of Service of the site and the Seller Application Terms below.
- All products listed must be handcrafted by the vendor. We do not permit any franchised, mass-produced or imported items.
- I understand that I cannot share or transfer my booth. Vendor booths are non-transferable and cannot be reassigned or sublet without written permission. Space contracted by the vendor cannot be sublet without prior written approval.
- A maker may have more than one business and apply for more than one booth, but a separate application is required.
- I understand my application will be deemed incomplete and not considered if not completed properly, this includes providing full direct links to my photos and/or full complete links to my online shop/site/etc.
- Vendor fees are due within 48 (48) hours of acceptance. Vendor fees are non-refundable and non-transferable. In the unlikely circumstance that the event is unable to go ahead, (e.g technical issues, power failure, etc) , we will not provide any compensation for loss of income.
- A $10 late fee is applied to all booths by default. Accepted vendors will be provided with a coupon code to remove this late fee and reduce the cost of the booth by $10. The code will be valid for 48 hours only. Any vendor who does not pay for their booth within the 48 hour window will no longer receive the discount and the $10 late fee will apply.
- Canada Crafters reserves the right to cancel the holding of the event should they deem it necessary.
- I understand that any photos and logos I submit,including those I link to on my application, to Canada Crafters may be used as promotional material for the event.
- Canada Crafters reserves the right to limit the number of booths selling similar products.
- I agree to sell only those products that are approved by Canada Crafters unless prior approval is obtained. Canada Crafters reserves the right to withdraw any unjuried products and to close any vendor booth for failure to observe show rules.
- A sufficient number of products must be available during the show to satisfy patron demand. Bakers are not required to have pre-baked goods and may fulfill orders immediately after the show, however, they must not offer for sale a number of items greater than what they can not reasonably fulfill within 4 days after the close of the show.
- I am solely responsible for obtaining necessary permits, licenses, insurance and approvals required to sell my products at the event.
- I agree to promote my participation at the show by sharing the event via social media / newsletters / websites / blogs / etc where possible.
- I am legally liable for any negative consequences following the purchase and/or consumption of my products, if applicable.
- I agree to address any customer concerns and questions in a timely manner. Canada Crafters will not be held responsible for any product disputes that may arise between the vendor and the buyer. It is the responsibility of the vendor to ensure and guarantee customer satisfaction.
- I assume liability for all products dropped off at the Canada Crafters distribution centre in Dartmouth, NS.
- I am responsible for making sure that all orders marked for curbside pickup or local delivery arrive at the Canada Crafters distribution centre in Dartmouth, NS within the time frame provided. Canada Crafters assumes no responsibility for loss, damage or theft of your property. Vendors shall not make any claim or demand or take legal action, whatsoever, against Canada Crafters.
- I am responsible for shipping all orders marked for shipping by the buyer within the time frame provided. I understand tracking numbers are recommended where possible to help protect the seller and ensure buyer satisfaction.
- I understand and agree that I will not ship any items direct to the customer that are marked for local pick up without prior consent by both Canada Crafters and the buyer.
- Canada Crafters reserves the right to restrict any vendors’ participation at any time.
- I understand payout for sales will only be made via eTransfer or PayPal. Vendor should not apply if they do not have the ability to accept payout via one of these methods.
- I understand it can take 14 days for payout to be available from our payment processor and up to 5 days additionally to arrange payment transfer to the vendor. All shipping or delivery must be made prior to payout.
- I understand I must have my booth (shop) set up and ready for the show by the cut-off date which will be no later than 4 days prior to the show opening date. I further understand that after cut off date I may make no further changes or additions to my booth until after the close of the show.
- I understand I will have the opportunity to create a coupon/voucher for my booth (shop) which can be used to promote my participation in the show and encourage interest and sales should I wish to.
By applying to the show I acknowledge that I have read and agree to be bound by the Vendor Application Agreement and terms and conditions stated above. As an independent vendor, I will indemnify Canada Crafters for any loss, theft, damage, fine, penalty, judgement, legal fees, and expenses reasonably connected with my failure to comply with the terms of this agreement or any liability, negligence, gross negligence or injury resulting from my products, actions, conduct, vendor set up, display or trade activities.