Sales Terms & Conditions
By listing an item for sale or buying an item on shopsees.com you affirm that you are of legal age to enter into this agreement, and you accept and are bound by these terms and conditions. You affirm that if list an item for sale or buy an item on behalf of an organization or company, you have the legal authority to bind any such organization or company to these terms and conditions.
You may not list an item for sale or buy an item on shopsees.com if you: (i) do not agree to these terms and conditions; (ii) are not the age of majority in your province or territory of residence; or (iii) are prohibited from accessing or using this website or any of this website's contents, products, or services by applicable law.
These terms and conditions apply to the sale and purchase of products and services on shopsees.com. These Terms are subject to change by BA OPTIMERCE INC. (referred to as “us”, “we”, or “our” as the context may require) without prior written notice at any time, in our sole discretion. Any changes to these Terms will be in effect as of the “Last Updated Date” referenced on this Site. You should review these Terms before purchasing or selling any product or services through this Site. Your continued use of this Site after the “Last Updated Date” will constitute your acceptance of and agreement to such changes.
These Terms are an integral part of the Website Terms and Conditions of Use that apply generally to the use of our Site. You should also carefully review our Website Privacy Policy before listing an item for sale or buying an item on shopsees.com (see Section-9).
2. About our Site. Shopsees.com is a marketplace that allows users to offer, sell and buy products and services in a variety of pricing formats and locations. The actual contract for sale is directly between the seller and buyer. We do not transfer legal ownership of items from the seller to the buyer. The Site has no control over and does not guarantee the existence, quality, safety, or legality of items advertised; the truth or accuracy of users' content or listings; the ability of sellers to sell items; the ability of buyers to pay for items; or that a buyer or seller will actually complete a transaction or return an item.
3. Payment Terms
(a) For Buyers. If you a buyer, you are liable for shipment costs and all applicable taxes. All such costs and taxes will be added to your total price and will be itemized in your shopping cart and in your order confirmation email.
(b) For Sellers. If you are a seller, you are liable for a 10% transaction fee of a purchase price (excluding shipments costs and applicable taxes) arising out of a sale made on this Site. You are responsible for the accuracy and content of the listing and item offered. In addition, you are responsible for remitting the harmonized sales tax and any other applicable taxes in your jurisdiction for the items you sell on this Site. When listing items for the sale on this Site, you must indicate all applicable taxes and shipping costs in addition to a purchase price of such listed items.
(c) Methods of Payment. All payments are secured and processed by PayPal. We accept all major cards, including, Visa, Master Card, American Express and Discover. You represent and warrant that: (i) the credit card information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honoured by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Site at the time of your order.
(d) Typographical Errors. We strive to display accurate price information; however, we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
4. Shipping Policy
(a) Direct Sale. The sellers may ship the listed items directly to the buyers. Under this option, the sellers are responsible for shipping such items directly to the buyers upon placement of a purchase order.
(b) Fulfilment Shopsees.com offers its fulfilment services to the sellers at no extra cost for storage but the shipping cost will be applied. Under this option, the sellers may ship their item(s) to the nearest shopsess.com warehouse and we will store, pack, and ship such item(s) to the buyers upon placement of a purchase order. We provide same-day delivery for purchased items stored in a shopsees.com warehouse if the buyer is located within 50 kilometres of the nearest shopsees.com location.
5. Returns and Refunds.
- Direct Sale. Except for any products designated on the Site as non-returnable, if a listed item is shipped directly by a seller, the buyer may return the purchased item to the seller for a refund of the purchase price, provided such return is made within THIRTY (30) calendar days of delivery with valid proof of purchase and provided such products are returned in their original condition. The sellers must inspect the returned items and indicate on their account whether they accept the return.
- Fulfilment. Except for any products designated on the Site as non-returnable, if a listed item was shipped to the buyer from a shopsees.com warehouse, we will accept a return of the purchased item for a refund of the purchase price, less the original shipping and handling costs, provided such return is made within THIRTY (30) calendar days of delivery with valid proof of purchase and provided such products are returned in their original condition.
- Shipping Costs. Buyers are responsible for all shipping and handling charges on returned items. Buyers bear the risk of loss during shipment. We, therefore, strongly recommend that the buyers fully ensure their return shipment against loss or damage and that they use a carrier that can provide them with proof of delivery for their protection.
- Processing Time. Refunds will be processed within approximately FOURTY EIGHT (48) hours of either (i) our receipt of the returned item if the returned item has been by shipped to a shopsees.com warehouse or (ii) upon the sellers indicating on their account that they accept the return if the returned item has been shipped to the seller. All refunds will be credited back to the same payment method used to make the original purchase on the Site. WE OFFER NO REFUNDS ON ANY PRODUCTS DESIGNATED ON THIS SITE AS NON-RETURNABLE.
- Return Procedure. To return products, you must call 1-888-507-5770 - or email our Returns Department at contact@shopsees.ca to obtain a Return Merchandise Authorization (” RMA”) number before shipping your product. No returns of any type will be accepted without an RMA number.
6. Manufacturer’s Warranty and Disclaimers.
(a) We do not manufacture or control any of the products or services offered on our Site. The availability of products or services through our Site does not indicate an affiliation with or endorsement of any product, service, or manufacturer. Accordingly, we do not provide any conditions or warranties with respect to the products or services offered on our Site.
(b) All products and services offered on this site are provided “as is” without any warranty or condition whatsoever, including, without limitation, any warranty or condition: (a) of merchantability; (b) of fitness for a particular purpose; or (c) against infringement of intellectual property rights of a third party, whether express or implied by law, course of dealing, course of performance, usage of trade, or otherwise.
(c) Some jurisdictions limit or do not allow the disclaimer of implied or other conditions and warranties so the above disclaimer may not apply to you.
7. limitation of liability.
(a) In no event shall we be liable to you or any third party for consequential, indirect, incidental, special, exemplary, punitive or aggravated damages, arising out of, or relating to, and/or in connection with any breach of these terms, regardless of (a) whether such damages were foreseeable, (b) whether or not we were advised of the possibility of such damages, and (c) the legal or equitable theory (contract, tort or otherwise) upon which the claim is based.
(b) Our sole and entire maximum liability, for any reason, and your sole and exclusive remedy for any cause whatsoever, shall be limited to the actual amount paid by you for the products and services you have ordered through our site.
8. Goods Not for Resale or Export. You represent and warrant that you are buying products or services from the Site for your own use only and not for resale or export. You further represent and warrant that all purchases are intended for final delivery to locations within Canada and US.
9. Privacy. We respect your privacy and are committed to protecting it. Our Website Privacy Policy, shopsees.com, governs the processing of all personal data collected from you in connection with your purchase of products or services through the Site.
10. Force Majeure. We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, tsunami, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labour disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
11. Governing Law and Jurisdiction. All matters arising out of or relating to these Terms are governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein.
Any action or proceeding arising out of or relating to this Website and under these Terms and Conditions will be instituted in the courts of the province of Ontario and/or the Federal Court of Canada, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.
12. Assignment. You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section 12 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
13. No Waivers. The failure or delay by us to exercise or enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of BA OPTIMERCE INC.
14. No Third-Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person or entity other than you.
15. Notices.
(a) To You. We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide to us and consent to us using; or (ii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
(b) To Us. To give us notice under these Terms, you must contact us as follows: (i) by our Email contact@shopsees.ca or (ii) by personal delivery, overnight courier or registered or certified mail to our main office BA OPTIMERCE INC. at 160 Pennsylvania Ave Concord, UNIT 4 ON L4K 4A9 CANADA. We may update our email or address for notices to us by posting a notice on this Site. Notices provided by personal delivery will be effective immediately. Notices provided by facsimile transmission or overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.
16. Severability. If any provision of these Terms is invalid, illegal, void, or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
17. Entire Agreement. Our order confirmation, these Terms, our Website Terms and Conditions of Use, and our Website Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.
