These Terms of Sale constitute a contract between any person (subscriber or non-subscriber) user of the website www.so-local.com and Sonya Thibault enr.
The Site allows buyers (¨Buyer¨ or Buyers¨) to search for original works of art and reproductions, to request information from subscribers sellers (the¨Vendeur¨ or the ¨Vendeurs¨) and to make purchases from most Canadian regions served by recognized carriers.
These Terms of Sale govern your purchase of products or services from the Site. You must accept these terms of sale in order to complete your transaction on the site.
Terms of payment
Online payments by credit card are accepted, the information of which must be filled in by you in the ¨my account¨ section of the Site or when ordering. Online credit card payment is processed through third-party payment provider Ecwid (¨Payment Provider¨).
We are not responsible if your account with a Payment Provider is suspended, inactivated or deleted by the Payment Provider. You acknowledge that the Payment Provider's transaction fees, if applicable, may be changed at any time and are not controlled by So-local. So-local has the right to deactivate or delete any user account and to delete the data associated with it if a payment has not been received one (1) month after the issue of the invoice (or notice ).
So-local and/or the sellers will not make any refunds other than what is provided for in our Cancellation and Returns Policy.
So-local and/or vendors are not responsible for any additional fees charged to you by your credit card company or bank, including but not limited to currency conversions.
So-Local and the Vendors make reasonable efforts to ensure that the prices displayed on the site for products and services are accurate. We reserve the right to correct prices in the event of obvious error even after the confirmation of an order.
The prices displayed for products and services do not include sales taxes, which will be added to your total when confirming your transaction. These fees may vary depending on your place of residence and on the Sellers.
Prices displayed are in Canadian dollars, unless otherwise indicated.
So-local offers buyers a ¨marketplace¨ type transactional site allowing them to:
Create Buyer Account;
Place an order;
Benefit from secure payment methods;
As part of a purchase on our Site you consent to:
Read the description of the work;
Validate your personal, delivery and payment information and modify them beforehand.
An invoice will be issued following confirmation from the Site's payment gateway
Visa, Mastercard, American Express, Paypall payment methods are accepted.
The buyer will be billed according to the taxes applicable in his province or territory of residence and according to the obligations of the Seller.
Delivery and costs
Delivery will be made by Canada Post or any other recognized carrier. Delivery costs are included in the price indicated at the time of purchase.
Following your order, an email will be sent to you to confirm:
The name of the carrier
The reference number
Please note that delivery times vary depending on the shipping method and the specifics of the package.
The Site allows Sellers to sell their original works of art from almost anywhere in Canada (subject to territories served by recognized carriers) and to communicate with potential buyers. So-local offers artists, artisans, promoters and collectors a transactional ¨marketplace¨-type website allowing them to:
Create Seller Account;
Use various payment methods for subscription and commission;
Transfer sales revenue to bank account.
It is not the intention of So-local to pre-select Sellers. However, only the authors of the works or their official representatives are authorized to sell on the Site, unless they are the real owner. The Seller, by downloading the work on the Site, represents and guarantees to So-local that it is not bound by any contractual restriction preventing it from selling the work, including in particular no agreement binding it to an agent, association, association group or other distributor, including an art gallery.
If people are represented on works and are identifiable, the Seller must provide So-local, on request, with the written authorizations of these third parties to be displayed on the work displayed on the Site.
As Sellers on the Site, you agree to the following:
Validate your personal, delivery and payment information and modify them beforehand.
The Seller must have no restrictions on the sale or resale of his works. The Seller hereby authorizes So-local to digitize its works for the purpose of promoting and selling them and promoting the Site, all for an indefinite period of time. The Seller hereby declares that he is the sole owner of the work and that he holds all rights thereto.
Billing method for subscription
An invoice will be issued upon confirmation of payment by the Site's payment gateway.
Sale payment method
According to Ecwid terms.
Subscription payment method
By pre-authorized direct debit and/or Ecwid
Taxes – Sales of works
The buyer will be charged for applicable taxes in his province or territory of residence (if applicable).
The Sellers take care of claiming and declaring the taxes on the sales of works from each province or territory concerned.
Taxes – Subscription
The seller will be billed for applicable taxes in his province or territories of residence
Delivery will be made by Canada Post or any other recognized carrier.
In addition, insurance must be taken out by the Seller at the time of delivery of the package.
The Seller either takes photos of the work before and after its packaging (before delivery) and keeps them in the archive in order to be able to document any disputes.
Seller must coordinate delivery of artwork within seven (7) business days of order confirmation.
The seller must enter the following information on his dashboard (So-local account):
The name of the carrier
The reference number
Shipping costs are the responsibility of the Seller.
The Seller assumes the costs for the protection and packaging of the works.
The Seller is responsible for keeping a record of the delivery notes for each package as well as its size and weight.
Certificate of authenticity
The Seller must prepare and provide a certificate of authenticity when sent to the Buyer by the carrier. It is strongly recommended to keep a copy in the archive.
The following commissions will be taken from sales on behalf of So-local, according to the percentages indicated below:
So-Local online store: 25% off the net sale price (+ taxes)
Tourist shops P.O.S. : 45% on the net sale price (+ taxes)
Collector: Tailor-made according to the services offered
Accuracy of information
The information you post on the Site is not verified by us. It is your sole responsibility to ensure that the information displayed by the Sellers is accurate and to make the appropriate verifications. We are not responsible for any damages or inconvenience incurred due to such inaccuracies.
Limitation of liability
TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SO-LOCAL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT INCLUDING LIMIT, DAMAGES FOR LOSS OF PROFITS OR OPPORTUNITY, ARISING FROM THE USE OR PERFORMANCE OF ANY PRODUCTS OR SERVICES OFFERED THROUGH THE SITE OR THE INABILITY TO USE THEM, WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SO-LOCAL HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
Access to the Site
So-local reserves the right, and at its sole discretion, to terminate, modify, suspend or interrupt access to all or part of the Site, including in particular its content and functionalities, or the hours of availability of the Site, all without prior notice or right to any compensation of any kind whatsoever.
User code and password
You are responsible for ensuring that you keep your username and password confidential. You agree not to disclose them to anyone and not to allow anyone but you to access the Site using your user code and password, failing which we may immediately and without notice refuse you access. to the Site.
Autonomy of provisions
If any provision of these Terms is, for any reason, held invalid, illegal or inexcusable, such invalidity, illegality or unenforceability shall have no effect on the remaining provisions hereof, and these terms and conditions shall be construed as if the invalid, illegal or unenforceable provision had never formed a part thereof
These conditions are governed by and interpreted in accordance with the laws of the province of Quebec and the laws of Canada applicable Any dispute related to these will be subject to the exclusive jurisdiction of the courts of the province of Quebec sitting in the judicial district of St. Jerome.
Sonya Thibault enr. (So-local) is the sole owner and operator of this online store type site www.so-local.com which offers artists and craftsmen, promoters and collectors (the ¨Sellers¨) the possibility of exhibiting their original works and the possibility of online purchase for art lovers (the ¨Buyer s¨) (collectively, the ¨Services¨).
By visiting and using the Site or purchasing works or using the Services available on the Site, you agree to be bound by these Terms. These Terms apply to all users of the Site, including, but not limited to, browsing users, Sellers, Buyers, customers, merchants, or content contributors.
The use of "you" refers to the user of the Site.
All new features and tools added to the Site in the future will also be subject to these Terms. You can review the most recent version of the Terms at any time on this page.
Use of the Site
You represent that (i) you are the age of majority in your state or province of residence, (ii) or that you are the age of majority in your state or province of residence and that you have given your consent for a minor under your legal care to use this Site, (iii) that you have the authority to enter into a contract and (iv) that you use the Site in accordance with all of these Terms.
Subject to what is provided for in the Conditions of Sale (1st part, above), you agree to assume all costs incurred in connection with the use of the Site (as well as those engaged by other people using your account). You also declare that all information provided by you in connection with the use of the Site is true and accurate.
It is your responsibility to ensure that you also have access to the Site and that the materials available on or through it are lawful in each country where you access the Site or such materials or view these
You must not transmit worms, viruses or any other code of a destructive nature.
Any breach or violation of these Terms by the user will result in the immediate termination of access to the Site and the User's Services by So-local.
Intellectual property – So-local
The elements appearing on the site, in particular the texts, corporate images, logos, drawings, source code, illustrations, software, audio files and video clips, are the sole property of So-local or are provided under a license or accompanied by the reference and the source.
You may not modify, copy, distribute, perform, transmit, transfer, display, provide, reproduce, publish, license or sublicense, or sell this content or any information or services obtained from from the Site other than for personal use of the Site that complies with these Terms, unless you have obtained our written consent.
You must also include the original author's citation and source, when the work is used for display to the general public and such use has been permitted under a license granted for that purpose or under the law.
The following trademarks and domain names: So-Local and www.so-local.com are our exclusive property or are used under licenses granted by owners or licensees. Nothing in these Terms grants you, express or implied, any rights whatsoever in the trademarks and domain names.
Intellectual Property - Users
The works and publications displayed by the Sellers are the property of the latter. Sellers are responsible for ensuring that no copyright or intellectual property rights are infringed when displaying their works or content on the Site. (Quebec: https://www.mcc.gouv.qc.ca/index.php?id=1081, Canada: https://sodrac.ca/)
All users of the Site have the sole responsibility to obtain the consent of the original artist and to mention the reference of this author and the source when his images or his writings are exposed to the general public.
If a user of the Site suspects that a work has been copied, counterfeited or that another right has been violated, please inform a So-local representative as soon as possible at the following email address firstname.lastname@example.org
Make sure you provide the following information:
Name of the user complained against;
The original author of the work;
The location of the work (virtual or physical location);
Proof of copyright ownership;
Your contact details to reach you.
So-local reserves the right to refuse access to the Site, its Services or any related website to any user who has infringed any intellectual property right in contravention of these Conditions.
The Vendors grant So-local a license to use, for the purposes of developing and promoting the Site and its users, certain texts, images, illustrations, audio files or any other content displayed by them on the Site , and this, with the greatest respect for their intellectual property rights or any other applicable rights, the first intention of So-local is to promote the purchase of works by the Site and the points of sale and to make known its Services to a wider audience
Registration and subscription
If you decide to subscribe to services or features of the Site that require a subscription, you agree to provide accurate and up-to-date information about yourself as required by the registration or subscription process, and to ensure their accuracy by making the necessary updates as soon as possible.
You agree to ensure the confidentiality of all passwords or other account identifiers that you have chosen or that will be assigned to you at the time of registration or subscription to So-local or its partners and to assume responsibility for all activities related to the use of these passwords or accounts. In addition, you agree to notify So-local of any unauthorized use of your password or user account. So-local can in no way be held liable, directly or indirectly, for any loss or damage of any kind whatsoever resulting from your failure to comply with this provision or related to such failure.
You acknowledge that So-local may, in its sole and absolute discretion, and without notice, suspend, cancel or terminate your account, your use, your access to the Site or to one of its Services, to remove and delete any information or content relating to the site or any of the Services offered (and terminate your use of it), for any reason whatsoever, including if there is a suspicion of violation of these Terms.
Furthermore, you acknowledge that So-local will not be liable to anyone as a result of such suspension, cancellation or end of contract. If you are dissatisfied with the Site or the Services offered there or with one of these Conditions or any other condition, policy or rule of So-local, practices relating to the operation of the Site or one of its Services, your sole remedy is to discontinue using such Site.
Sellers must remove the display of their works in the event of their inability to process orders from the Site or when the works become unavailable for sale.
Products and Services
All product descriptions or prices are subject to change at any time without notice.
So-local makes every effort to ensure that you can appreciate the quality of the works exhibited, its Services and the information disseminated on its site.
Unfortunately, your monitor settings are not guaranteed to render colors or image quality accurately.
Regarding exchanges, returns and refunds, please see our Cancellation and Returns Policy, available on the Site.
Accuracy of billing and account information
So-local and/or the Sellers reserve the right, without obligation, to limit the sales of works and its services to any person, geographic region or jurisdiction. This procedure can be exercised on a case-by-case basis.
So-local and/or the Sellers reserve the right to refuse any order placed on their store.So-local and/or the Sellers may, at their sole discretion, reduce or cancel the quantities purchased per person, per household or per order. These restrictions could include orders placed by or from the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address.
In the event that an order is modified or cancelled, a representative may attempt to notify you by contacting you by email, mail or telephone, using the contact information provided at the time of the order.
You agree to provide your current, complete and accurate order and account information to allow us to complete your transactions and contact you if necessary.
For more details, please see our Cancellation and Returns Policy, available on this Site.
So-local may provide access to third party hyperlinks or tools over which it has no monitoring, control or influence.
You acknowledge and agree that So-local provides access to such tools ¨as is¨ and ¨as available¨, without any warranties, representations or conditions of any kind and without endorsement. So-local is not required to review or evaluate the content or accuracy of any third-party links.
So-local is not responsible for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transaction made in connection with its websites. third. Please read the policies and practices of third parties carefully and make sure you understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding such third party products should be directed to such third parties.
So-local could also, in the future, offer new services and/or new functionalities on its site (including new tools and new resources). Such new features and services will also be subject to these Terms.
Comments, suggestions and other user content
If at the request of So-local, you submit specific content (for example, to participate in competitions), or if without a request from us send you creative ideas, suggestions, proposals, plans or other materials, whether online, by email, by post, or otherwise (collectively, "Comments"). You grant the right to So-local, at any time, and without restriction, to edit, copy, publish, distribute, infer and otherwise use and in any media any comment you make, all without fresh.
So-local shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation to anyone for any comments provided; ni(3) to respond to comments.
So-local may in its sole discretion, but has no obligation to do so, monitor, edit or remove content that is considered offensive, unlawful, threatening, abusive, defamatory, pornographic, obscene or otherwise objectionable, or which infringes any intellectual property or these Terms.
You agree to post comments that do not violate the rights of third-parties, including copyright, trademarks, confidentiality, or other personal or property rights.You further agree that your comments will not contain any unlawful, defamatory, offensive or obscene material, nor will they contain any computer virus or other website related content. You may not use a false e-mail address, pretend to be someone you are not, or attempt to mislead So-local and/or third parties as to the origin of your comments. You are fully responsible for all comments you post and their accuracy. So-local assumes no responsibility and disclaims any commitment for any comment you post or any other third party post.
In addition to the prohibitions set forth in these Terms, you are prohibited from using the Site or its content (a) for any unlawful purpose; (b) to induce others to perform or participate in any unlawful acts; (c) to violate any regional ordinance or any federal international law, rule or regulation. provincial or state; (d) to infringe or violate our intellectual property rights or those of third parties; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate against anyone based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in ways that compromise the functionality or operation of the Site or any associated, independent, or web site; (h) to collect or track the personal information of others; (i) for spammer, phish. Hijack a domain, extort information from, browse, explore or scan the web 9or any other resource); (j) for obscene or immoral purposes; or (k) to breach or circumvent the security measures of the Site, any other website, or the internet. So-local reserves the right to deny your access to and use of the Site or any related website for violating prohibited uses.
Disclaimer of Warranties and Limitation of Liability
Although So-local makes reasonable efforts to ensure that the content of this Site is accurate, it cannot guarantee that the said content is error-free, up-to-date or exhaustive. Under no circumstances can So-local be held liable for any damage that may result from an error on the site. So-local does not guarantee that the results that may be obtained through the use of the Site are accurate or reliable.
So-local assumes no responsibility for any damage resulting from the misuse of the content of the Site, nor is it possible to guarantee that the Site and the servers that make it available are free of viruses or of harmful components.
So-local cannot guarantee either that the Site will be available without interruption, without error or omission, or that defects will be corrected. You agree that from time to time, the Site and its Services may be discontinued for indefinite periods of time or the Site may be canceled at any time, without prior notice.
You expressly agree that your use of the Site, or your inability to use it, is at your sole risk.The Site and all works and Services provided to you are (unless expressly stated otherwise by us) provided ¨as is¨ and ¨as available¨ for your use, without representation, without warranties and without conditions of of any kind, express or implied, including all implied warranties of merchantability or merchantability, fitness for a particular purpose, durability, title and non-infringement
So-local, its officers, directors, officers, employees, affiliates, agents, contractors, trainees, suppliers, service providers and licensors cannot be held liable for any injury, loss, claim, or direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, but not limited to loss of profits, revenue, savings, data, replacement costs or any similar damages, whether in contract, tort (even in negligence), strict liability or otherwise, arising out of your use of any service or product from the Site, or any other claims related in any way either your use of the Site or any product, including, but not limited to any errors or omissions in any content, or any loss or damage of any kind arising from the use of the Site or any content (or product) posted, transmitted, or otherwise made available through the Service, even if you have advised of the possibility of it occurring. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability shall be limited to the maximum extent permitted by law.
You agree to indemnify, defend and hold harmless So-local, its parent company, subsidiaries, affiliates, partners, officers, directors, directors, shareholders, agents, contractors, licensors, service providers, sub- contractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your breach of any law or the rights of a third party.
In the event that any provision of these Terms is found to be unlawful, void or unenforceable, that position may nevertheless be enforced to the fullest extent permitted by law, and the unenforceable portion shall be deemed severed from these Terms. Conditions, such severance shall not affect the validity and enforceability of any other remaining provisions.
Independence of clauses
In the event that any provision of these Terms is found to be unlawful, void or unenforceable, such provision shall nevertheless be enforced to the fullest extent permitted by law, and the unenforceable portion shall be deemed severed from these Terms. Conditions, such severance shall not affect the validity and enforceability of any other remaining provisions.
These Terms are governed by and interpreted in accordance with the laws of the province of Quebec and the applicable laws of Canada. Any dispute related to these will be subject to the exclusive jurisdiction of the courts of the province of Quebec sitting in the judicial district of Saint-Jérôme.
The failure of So-local to apply strictly or not any provision of these Conditions shall not be interpreted as a waiver of this right or this provision.