- ABOUT EIVEY
EIVEY is an online buying and selling luxury fashion & accessories community that allows registered users to buy and sell products. In all cases, the contract for sale of any product or service, including shipment and delivery, is directly between buyer and seller. While EIVEY may help facilitate the resolution of disputes through various options (see section 10), EIVEY has no control over and does not guarantee the existence, quality, safety, or legality of items advertised; the truth or accuracy of users’ listings or content; the ability of sellers to sell items; the ability of buyers to pay for items; or that a seller or buyer will complete a transaction or return an item in actuality.
2. APPLICATION AND DEFINTIONS
In these Terms,
“Company” means a business or individual contractor whose information and contact details are posted on the Site.
“Content” or “User Content“ means any text, image, audio, video, or other form of data or information that you deliver, upload or transmit to, or in connection with the Site, including but not limited to, comments, posts, images and any profile information that you elect to make public.
“Services” means to to accept a request from you to buy or sell products
“EIVEY Content” means Content that we create and publish in connection with the Site.
“Third Party Content” means Content that originates from parties outside EIVEY or its users, which is made available through the Site.
“Site Content” means all of the Content that is made available in connection with the Site, including your Content, user Content, Third Party Content, and EIVEY Content.
“Terms” means these terms and Terms as amended from time to time pursuant to Clause 6.
Website means the website accessible via www.eivey.ca and its subdomains (collectively, the “Site“).
- ACCEPTANCE OF TERMS
- USE AND RESTRICTIONS
Communications from EIVEY and other users – By creating an account, you agree to receive certain communications from the Site regarding your account. For example, you will receive notifications on the status of your reviews, responses to inquiries from company and confirmation of account creation. You will have the option to consent to receive emails pertaining to promotions, as well as our e-mail newsletter. You can opt-out of non-essential communications at anytime.
Permission to use the Site – You are permitted to use the Site subject to the restrictions stated herein. You use the Site at your own risk, including the risk that you might be exposed to Content you may find offensive, indecent, inaccurate, or objectionable. EIVEY Services and sites may be accessed and used only by individuals who can form legally binding contracts under applicable laws , who are 18 years of age or older, and who are not barred from using the Services and sites under applicable laws.
EIVEY undertakes the protection of the rights of minors and underage persons, and thereby encourages parents, legal guardians and responsible adults to be actively involved in the safe use of the Internet by their minors. If you are under 18 years of age but you are older than sixteen (16) years of age, then you warrant that you are using the Site under the direct supervision of your parent, legal guardian or responsible adult. In all cases, the adult is the user and is responsible for any and all activities of any minors.
You may not transfer, sell, rent, assign, sublicense, or otherwise allow another party to access or use your EIVEY account. You are responsible for all activity of the user account and user ID. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement
Site Access – You agree that our Site may not always be error free, continuous or undisrupted. We may update, delete, disable, modify functionalities or otherwise discontinue the Site, at our sole and final discretion, and we do not guarantee that it will always be available, work, or be accessible at any particular time. We cannot guarantee that the Site will work as advertised, or that it will give you the desired results. You agree not to distribute or make available any content found on our Site without our prior written authorization, unless such act is done through sharing functionalities offered by our Service. You are expressly forbidden to make money off of our Site, for any reason other than posting and selling fashion or accessories, unless you have received prior written permission from us. You agree not to access content through any technology or means other than through our Site or otherwise authorized by us.
Regular Maintenance, Updates, & Termination – EIVEY hereby reserves the right, at any time and at our sole and final discretion, to update, modify, discontinue, temporarily or permanently, the Site or any part thereof with or without notice. The EIVEY Site is updated daily. During this time, the Site will be temporarily unavailable. Products listed for sale on the Site may not be available for purchase until the next regularly scheduled update. EIVEY shall not be responsible for any delay(s) or failure to buy or sell products during periods of update, modification, or discontinuation.
You may not use the site to bully other users, upload illegal material, modify site content, send spam or hack into user information. In connection with your use of the Site, you agree that you shall not:
- Help, motivate, or enable others to infringe these Terms;
- Impersonate any person or entity, including without limitation, an EIVEY officer or agent;
- Plagiarize or infringe the intellectual property rights of a third party; including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, personality rights or any other intellectual property or proprietary right, ancillary rights or other rights therefrom, or causes or results in the violation of any applicable law or regulation;
- Use any automated process to obtain, copy, process, access or use our services or any process, whether automated or manual, to capture data or content from any of our users, Content or Services for any reason;
- Collect, receive, transfer or disseminate any personally identifiable information of any user of the Site without the express authorization of the holder;
- exploit the Site other than as specifically sanctioned by us; (iii)
- encourage any conduct that could promote or cause discrimination, racism, hatred, harm or violence against any individual or group of persons;
- promotes or encourages illegal, fraudulent or inappropriate activities;
- promotes or disseminates any content that is or may be considered obscene, pornographic, inappropriate or otherwise objectionable;
- Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Site Content (other than your listings), except as expressly authorized by EIVEY;
- Remove or modify any watermark, copyright, trademark or other proprietary rights notice that appears on any image, banner, frame, content or portion of the Site or to retrieve or index any portion of the Site;
- Delivers or attempts to deliver, any unsolicited advertising, electronic email, promotion, spam or chain letters;
- Use the Site to give other users any type of computer viruses, worms, defects, Trojan horses or other items of a destructive nature;
- Take any action that will or may cause an unreasonably large load on EIVEYs’ technology infrastructure or otherwise make excessive traffic demands of the Site;
- Bully, intimidate, harass, put undue pressure, initiate a legal action, threaten a legal action against any user of the Site; or
- Use the Site for any purpose that is unlawful or prohibited by these terms and conditions.
You shall not use the Site in any manner that could interfere with any other user’s use and enjoyment of the Site. Furthermore, you may not attempt to gain unauthorized access to any of the Site, services, accounts, computer systems or networks connected to EIVEY through hacking, password mining or any other means.
EIVEY, at ist sole discretion, reserves the right to decide what data, content, or information is published to, or removed from, the Site that is deemed to violate any of the above restrictions.
- LIMITATIONS ON LIABILITY & DISCALIMERS
In no event shall EIVEY or its affiliates, agents, licensors, suppliers or their respective directors, officers or employees be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever, whether based on warranty, contract, tort, or any other legal theory, and whether or not you are advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. EIVEYs’ maximum cumulative liability to you for any losses or damages arising out of or in connection with your access of the site and any services therein shall be limited to: (i) the amount paid, if any, by you to us in connection with the site and any services therein during the 12 months prior to the action giving rise to such liability (if any); or (ii) CDN $50 (fifty Canadian dollars), whichever amount results less. The use of this site is at your own risk and EIVEY assumes no liability or responsibility pertaining to the content, your use of the site or the receipt, storage, transmission or other use of your personal information.
Your use of our site is at your own risk, and therefore you hereby acknowledge and agree that we supply our services “as is”, “with all faults”, and “as available”, including all content, software, materials, services, functions, and/or information made available through the site. It shall be your own responsibility to ensure that any Services or information available through this Site meet your specific purposes. EIVEY is not responsible for any content or information that you may find undesirable or objectionable. EIVEY hereby disclaims any and all liability arising out of or related to any purported facts or information and description of any products displayed on our site, including all warranties of any kind, either express or implied, including, without limitation, warranties of title, merchantability, fitness for a particular purpose or non-infringement. Neither EIVEY, nor its employees, affiliates, contractors and/or agents warrantee that the site will be error-free, uninterrupted, secure, or produce particular results, that a quote is current, valid and/or un-expired, or that the information obtained therefrom will be reliable or accurate. No advice or information given by EIVEY or its employees, affiliates, contractors and/or agents shall create a guarantee.
- UPDATES & CHANGES TO THESE TERMS
The fees charged by EIVEY for using our Services are listed here:
Fees and Services. We charge fees for using EIVEY, covered in the selling price of the item. All our products and fees are quoted in Canadian Dollars.
EIVEY does not permit transactions under $40
EIVEY charges 20% transaction fee for retail prices of $40 – $199
EIVEY charges 15% transaction fee for retail prices of $200 – $399
EIVEY charges 10% transaction fee for retails prices of $400 and up
This fee includes the Pay Pal transaction fee, prepaid shipping, preaddressed shipping label and a free standard mailing bubble mailer with tissue and sticker. This fee is included in the purchase price and will automatically be charged to the transaction once payment has been processed by PayPal.
We will notify you of changes to our fee policy by posting such changes on the site. We may choose to temporarily change our fees for promotional events or new services; these changes are effective when we announce the promotional event or new service.
Our fees are non-refundable.
EIVEY reserves the right to change our fees from time to time by posting the changes on the EIVEY site 14 days in advance, but with no advance notice required for temporary promotions or any changes that result in the reduction of fees.
In order to sell on EIVEY, you must have a PayPal account and all fees associated with our Services will be debited from the sellers profit when the item is sold.
Buying & Selling – If your payment method fails or your account is past due, we may request that PayPal deduct the amount owed from your PayPal account balance. EIVEY, or the collection agencies we retain, may also report information about your account to credit bureaus, and as a result, late payments, missed payments, or other defaults on your account may be reflected in your credit report. If you wish to dispute the information EIVEY reported to a credit bureau (i.e., Equifax) please contact us at EIVEY, [email protected], or at 2146A Queen Street East, Suite 29, Toronto, Ontario, M4E 1E3. If you wish to dispute the information a collection agency reported to a credit bureau regarding your EIVEY account, you must contact the collection agency directly.
- LISTING CONDITIONS
When listing an item for sale, you acknowledge agree to comply with EIVEY’s rules for listing and Selling Practices policy and that:
- You (Sellers) are responsible for the content and accuracy of the listing and item offered;
- Shipping details must be accurate; if item is returned to seller with inaccurate shipping specs (weight, measurements) seller will be responsible to cover the cost to repackage, and reship to buyer.
- The item posted must be the item sold. Do not use any but your own photography. Any photos used from the internet will hold copyright infringement and will be deleted from our site. Additionally if the item becomes damaged or lost after listing, immediately close the listing.
- EIVEY reserves the right to edit the image posted as necessary. Backgrounds or order of the photographs may be edited.
- If the item has been sold and is no longer available (lost, or damaged) please message seller and contact EIVEY immediately, [email protected], so that payments may be dealt with accordingly.
- Your listing may not be immediately searchable by keyword or category for several hours after posting (or up to 24 hours in some circumstances); EIVEY cannot guarantee exact listing durations;
- Upon completing a sale, sellers will have access to the buyer’s full physical address. As a seller, you are strictly prohibited from using this personal information for anything other than completing the sale.
- Items posted are live for 12 months from posting date.
- Eivey has a zero tolerance policy for fraudulent and inauthentic postings. The account can be deleted at Eivey’s discretion.
- Any content that violates any of EIVEY’s policies may be deleted at EIVEY’s sole discretion;
- EIVEY strives to create a buying and selling community where buyers find what they are looking for. Therefore, the appearance and/or placement of listings in search and browse results will depend on a variety of factors, including, but not limited to:
– Buyer’s geographic location, search query, browsing site, and history;
– Product location, listing format, price, terms of service, end time, history, and relevance to the user query;
– Seller’s history, including listing practices, Detailed Seller Ratings, EIVEY policy compliance, Feedback, and defect rate; and Number of listings matching the buyer’s query.
- Payment on sale of the item will be received by the seller once item is sold via PayPal
- If item is disputed via PayPal, and granted with PayPal refund, EIVEY will refund the EIVEY fee. The sellers is responsible for any dispute charges laid by PayPal, according to PayPal dispute resolution policy.
- PURCHASE CONDITIONS, REFUND POLICY
When purchasing an item, you agree that:
- You are responsible for reading the complete item listing before making a commitment to buy.
- Item is non refundable, EIVEY does not offer refunds or returns. EIVEY encourages items to be reposted on eivey.ca and resold, as EIVEY does not offer refunds.
- You enter into a legally binding contract to purchase an item when you commit to buy an item, this item is non-refundable.
- EIVEY does not transfer legal ownership of items from the seller to the buyer.
- The Sale of Goods Act (Ontario), R.S.O. 1990, c. S.1, s. 18(1) and the Uniform Law Conference of Canada s. 60 apply to the transfer of ownership between the buyer and the seller, unless the buyer and the seller agree otherwise.
- Upon completing a sale, buyers will have access to the seller’s full physical address. As a buyer, you are strictly prohibited from using this personal information.
Responsibility for your Content – You are responsible for your Content, and once published, you must remove your item if it is no longer available. You assume any risk associated with your Content, including another user’s reliance on its accuracy or reliability, or any information in your Content that may make you identifiable. You represent that you own, or have the necessary permissions to use and authorize the use of your Content as described herein. You may expose yourself to liability if, for example, your Content contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including stolen property, illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation. We reserve the right to remove, screen, edit, or reinstate any Content from time to time at our sole discretion for any reason or no reason, and without notice to you.
Our Right to use your Content – We may use your Content in many different ways. This includes publicly displaying it, reformatting it, incorporating it into advertisements, distributing it, and allowing others to do the same on their own websites and media platforms. When providing Content using the Services, directly or indirectly, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all Intellectual Property Rights you have in that content in connection with our provision, expansion, and promotion of the Services, in any media known now or developed in the future. You hereby represent and warrant to EIVEY that you have all the rights, licenses, authorizations necessary to grant such license, thereby irrevocably granting the users of the Site and any third party publicly accessing the Site, right to access your Content in connection with their use of the Site and any service thereon. Finally, to the fullest extent permitted under applicable law, you waive your right to enforce against EIVEY, our users, assignees, our sublicensees, and their assignees, your Intellectual Property Rights in that Content in connection with our, those assignees’, and those sublicensees’ use of that Content.By “use” we mean use, copy, public performance or display, distribute, modify, translate, and create derivative works of your Content.
Ownership – You own your Content, and we own the EIVEY Content, including but not limited to visual interfaces and graphics, interactive features, design features, compilation, products, computer code, software, and any and all other multimedia elements and/or components of the Site, excluding your Content, the User Content and any Third Party Content displayed there. We own the copyrights, trademarks, trade names, service marks and other intellectual and proprietary rights associated with the EIVEY Content and the Site throughout the world, which are thereto protected under copyright, trade dress, patent, trademark laws and any and all other applicable intellectual and proprietary rights. As such, you may not reproduce, modify, create derivative works or adaptations thereof, distribute, publicly display or in any way exploit any of the EIVEY Content, in whole or in part, except as expressly authorized by us or our affiliates. Except as expressly set forth herein, we do not grant you any express or implied rights, authorizations or licenses, and any and all rights in and to the Site and the EIVEY Content are ours.
The name “EIVEY” and other EIVEY marks, logos, designs, and phrases that we use in connection with our Services are trademarks, service marks, or trade dress of EIVEY in Canada and other countries. They may not be used without the express written prior permission of EIVEY.
Advertising – EIVEY may publicly display advertisements and other information adjacent to or included with your Content. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice. These advertisements may be tailored to the content the Site and Companies shown thereinto, and the nature and extent of such advertising by us is subject to change without prior notice.
Spam – EIVEY and its affiliates take spam seriously, and we encourage you and our users to report any spam activities to us. We will not tolerate, nor allow others to use any information from the Site, for the transmission of unsolicited bulk communication to any of our users or to any third party. You may not access the Site to harvest and/or collect any information about our users, for any purpose, and any commercial communication that you may receive from us and/or our partners, licensors, suppliers and affiliates will clearly indicate measures to stop receiving such communications, including unsubscribe links and appertaining instructions.
- LEGAL DISPUTES
EIVEY is committed to resolving disputes quickly in a cost effective and neutral way. Accordingly, you and EIVEY agree to resolve any dispute that arises out of this Agreement or our services (a “Claim”) in accordance with one of the subsections below or as EIVEY and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly [email protected]
Get in touch – It is our belief that many disputes can be resolved amicably. We encourage you to contact us by phone or email us before resorting to alternatives.
Improperly Filed Claims – Claims you bring against EIVEY must be resolved in accordance with this Legal Disputes Section. A claim filed or brought contrary to the Legal Disputes Section shall be considered improperly filed. A claim filed contrary to the Legal Disputes Section may allow EIVEY to recover legal fees provided that EIVEY has notified you in writing of the improperly filed claim, and you have failed to promptly have the claim withdrawn.
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Law and Forum for Legal Disputes – This Agreement shall be governed in all respects by the laws of the Province of Ontario, Canada as they apply to agreements entered into and to be performed entirely within Ontario between Ontario residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against EIVEY must be resolved exclusively by provincial or federal court located in Hamilton, Ontario, Canada except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. For the purpose of litigation all such claims or disputes, you agree to submit to the personal jurisdiction of the courts located within Toronto, Ontario, Canada.
Arbitration Option – You and EIVEY each agree that any and all disputes or claims that have arisen, or may arise, between you and EIVEY relating in any way to or arising out of this or previous versions of the User Agreement, your use of or access to EIVEY’s Services, or any products or services sold, offered, or purchased through EIVEY’s Services shall be resolved exclusively through final and binding arbitration, rather than in court. Arbitration shall be initiated through an established alternative dispute resolution (ADR) provider which shall be mutually agreed upon by all parties.
Force Majeure – EIVEY will not be liable for any failure to perform our obligations hereunder, where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation.
Severability – If any provision of these Terms is held unenforceable, then such provision will be modified to reflect the parties’ intention. All remaining provisions of these Terms will remain in full force and effect. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder.
Relationship – You and EIVEY are independent contractors, and no agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by these Terms.