Conditions d’utilisation
Terms and Conditions (Updated for Marketplace)
OVERVIEW
This website (the "Site") is operated by HANOUTY.ca ("we," "us," or "our"). We operate as an online marketplace that facilitates transactions between independent sellers ("Sellers") and buyers ("Customers" or "you"). By accessing or using this Site, you agree to be bound by these Terms of Service ("Terms").
MARKETPLACE NATURE
HANOUTY.ca provides a platform where Sellers can list and sell products directly to Customers. We are not the manufacturer, distributor, or retailer of products unless explicitly stated. We are not a party to transactions between Sellers and Customers, and we do not take title to products. Our role is limited to providing the technology platform, payment processing facilitation, and customer support coordination.
SECTION 1 - ACCEPTANCE OF TERMS
By accessing, browsing, or making a purchase through our Site, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Site. These Terms apply to all users of the Site including browsers, Customers, Sellers, and content contributors.
SECTION 2 - MODIFICATIONS
We reserve the right to update, change, or replace any part of these Terms at any time by posting updates on our Site. Your continued use of the Site following any changes constitutes acceptance of those changes.
SECTION 3 - ACCOUNT REGISTRATION
To access certain features, you may need to create an account. You agree to provide accurate, current, and complete information and to update it as necessary. You are responsible for maintaining the confidentiality of your account credentials and for all activities under your account.
SECTION 4 - SELLER RESPONSIBILITIES
Sellers using our platform are solely responsible for:
· The quality, safety, and legality of their products
· Accurate and complete product listings
· Shipping products and handling returns/refunds
· Customer service for their products
· Complying with all applicable laws and regulations
· Providing adequate instructions, warnings, and expiration dates for products
Sellers represent and warrant that their products do not infringe on any third-party rights and are safe for intended use.
SECTION 5 - CUSTOMER RESPONSIBILITIES
As a Customer, you are responsible for:
· Using products according to the Seller's instructions and warnings
· Verifying product suitability before purchase
· Paying all applicable fees, taxes, and import charges
· Providing accurate shipping and billing information
· Reading product descriptions and Seller policies carefully
SECTION 6 - PRODUCT INFORMATION AND PURCHASES
Product listings, descriptions, images, and prices are provided by Sellers. We do not warrant the accuracy, completeness, or reliability of Seller-provided content. Products may have limited quantities and are subject to return only according to the Seller's return policy.
We reserve the right to refuse or cancel any order at our discretion, including orders that appear fraudulent or violate these Terms.
SECTION 7 - PRICING AND PAYMENT
Prices are set by Sellers and may change without notice. You agree to pay all charges at the prices in effect when your order is placed. By placing an order, you authorize us to charge your payment method for the total amount, including shipping, taxes, and fees.
SECTION 8 - SHIPPING, CUSTOMS, AND IMPORT CHARGES
Shipping costs displayed at checkout cover transportation from the Seller to your location. These costs DO NOT include import duties, taxes (such as VAT, GST, HST), customs brokerage fees, or other charges levied by your country's authorities ("Import Charges").
You are solely responsible for paying all Import Charges, which are typically collected by the carrier upon delivery. We cannot predict these charges, and refusal to pay them may result in shipment abandonment or return, with associated costs deducted from any refund.
SECTION 9 - LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, HANOUTY.CA SHALL NOT BE LIABLE FOR:
· Product quality, safety, authenticity, or legality
· Seller's failure to ship items or deliver as promised
· Any inaccuracies in product listings
· Personal injury, property damage, or health issues resulting from product misuse, malfunction, expiration, or failure to follow instructions
· Any transactions between Sellers and Customers
YOUR SOLE REMEDY FOR ISSUES WITH A PRODUCT IS AGAINST THE SPECIFIC SELLER OF THAT PRODUCT, SUBJECT TO THAT SELLER'S POLICIES.
IN NO EVENT SHALL HANOUTY.CA, ITS DIRECTORS, OFFICERS, EMPLOYEES, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE SITE OR PRODUCTS PURCHASED THROUGH IT.
SECTION 10 - DISCLAIMER OF WARRANTIES
THE SITE AND ALL PRODUCTS SOLD THROUGH IT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
WE DO NOT GUARANTEE THAT THE SITE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT ANY DEFECTS WILL BE CORRECTED.
SECTION 11 - INDEMNIFICATION
You agree to indemnify and hold harmless HANOUTY.ca, its affiliates, officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorneys' fees) arising from your use of the Site, violation of these Terms, or infringement of any third-party rights.
SECTION 12 - PROHIBITED ACTIVITIES
You may not use the Site to:
· Violate any laws or regulations
· Infringe on intellectual property rights
· Post false, misleading, or fraudulent information
· Transmit viruses or malicious code
· Harass, abuse, or harm others
· Interfere with Site security or functionality
· Engage in unauthorized commercial activities
SECTION 13 - THIRD-PARTY CONTENT AND LINKS
The Site may contain content from or links to third-party websites. We are not responsible for the content, accuracy, or practices of third-party sites. Your interactions with third parties are solely between you and that third party.
SECTION 14 - INTELLECTUAL PROPERTY
All Site content, including text, graphics, logos, and software, is our property or the property of our licensors and is protected by copyright and other intellectual property laws. You may not reproduce, distribute, or create derivative works without permission.
SECTION 15 - TERMINATION
We may suspend or terminate your access to the Site at any time for any reason, including violation of these Terms. All provisions that by their nature should survive termination shall survive.
SECTION 16 - DISPUTE RESOLUTION
Any disputes arising from these Terms or your use of the Site shall be governed by the laws of Canada. You agree to first attempt to resolve any dispute informally by contacting us at contact@hanouty.ca.
SECTION 17 - SEVERABILITY
If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.
SECTION 18 - ENTIRE AGREEMENT
These Terms constitute the entire agreement between you and HANOUTY.ca regarding your use of the Site and supersede any prior agreements.
SECTION 19 - CONTACT INFORMATION
Questions about these Terms should be sent to contact@hanouty.ca.