GENERAL TERMS OF USE
These Terms set out the general framework for the Marqesa marketplace. They are intended to remain clear and enforceable even as the platform's partners, technologies or operational methods evolve.
TABLE OF CONTENTS
- Role of Marqesa and Scope
- Eligibility, Account and Security
- Marketplace Operation
- Listings, Products and Content
- Orders and Payment
- Fees and Charges
- Payouts to Sellers
- Taxes
- Delivery
- Returns, Refunds and Order Issues
- Reviews, Messaging and Conduct
- Off-Platform Transactions
- Intellectual Property
- Fraud, Security and Investigations
- Enforcement of Rules and Accounts
- Availability and Liability
- Privacy
- Electronic Acceptance
- Changes
- Governing Law, Disputes and Contact
ARTICLE 1. ROLE OF MARQESA AND SCOPE
1. Marketplace
Marqesa Inc. operates an online marketplace that connects third-party merchants and buyers. Unless expressly stated otherwise, Marqesa does not act as the seller and is not a party to sales contracts concluded between users of the platform.
2. Scope
These Terms govern access to and use of Marqesa. They apply together with the Buyer Center rules, Seller Center rules and the Privacy Policy, according to the user's role.
3. Mandatory Rights
No provision limits mandatory rights granted by applicable laws in Canada.
ARTICLE 2. ELIGIBILITY, ACCOUNT AND SECURITY
1. Age
Transactional features are reserved for persons who are at least 18 years old and capable of entering into a contract.
2. Accurate Information
The user must provide accurate information, keep it up to date and protect their credentials. They must promptly report any known unauthorized use of their account.
3. Verification
Marqesa may require verification reasonably necessary for security, fraud prevention, compliance with its rules or the law.
ARTICLE 3. MARKETPLACE OPERATION
1. Independent Sellers
The seller is responsible for their products, listings, prices, inventory, authenticity, compliance, order fulfilment and obligations toward the buyer.
2. Role of Marqesa
Marqesa provides and manages the platform and may, among other things, facilitate transactions, communications, delivery, moderation, security and the resolution of certain issues.
3. No Guarantee Regarding a Seller
Approval, verification or the presence of a seller on Marqesa does not constitute an absolute guarantee of their conduct, product or business.
ARTICLE 4. LISTINGS, PRODUCTS AND CONTENT
1. Accuracy
Published information must be accurate and not misleading. Marqesa may correct, hide, limit or remove content that violates its rules or the law.
2. Prohibited Products
Illegal, counterfeit, stolen, recalled products or products presenting an unacceptable risk, as well as categories prohibited by Marqesa, may not be offered.
3. User Content
The user remains responsible for content they publish and must hold the necessary rights. They grant Marqesa a non-exclusive licence reasonably necessary to host, display, reproduce and promote that content in the context of Marqesa and its services.
ARTICLE 5. ORDERS AND PAYMENT
1. Transaction Information
Essential order information, including the product, price, applicable fees, displayed taxes, delivery terms and relevant restrictions, is presented during the ordering process.
2. Payment Providers
Marqesa may use one or more payment providers and methods. These may change without amending these Terms.
3. Controls
Marqesa may refuse, hold or review a transaction when reasonably necessary to prevent fraud, manage risk, correct an anomaly or comply with the law.
ARTICLE 6. FEES AND CHARGES
Some services offered by Marqesa may be subject to commissions, fees or subscriptions. Applicable rates are presented on the platform, in the Seller Center or in any other relevant section before subscribing to the service or performing the transaction concerned.
Marqesa may change its rates and offerings. Affected users are informed of changes appropriately before they take effect when required by law.
ARTICLE 7. PAYOUTS TO SELLERS
Amounts owing to sellers are paid according to the terms and timelines indicated in the Seller Center or applicable policies.
Marqesa may temporarily withhold, defer or adjust a payout when such a measure is reasonably necessary because of a refund, a payment dispute, suspected fraud, an investigation, a legal obligation or any other amount due to Marqesa.
ARTICLE 8. TAXES
Each seller remains responsible for their tax obligations in accordance with applicable laws.
Marqesa may calculate, display, collect, remit or facilitate the collection of certain taxes when required to do so by law or when platform features provide for it.
ARTICLE 9. DELIVERY
1. Delivery and Partners
Orders may be handled by different delivery partners. Available options, fees and estimated delivery times may vary depending on the order, destination and service.
2. Address and Tracking
The buyer must provide an accurate address. Available tracking and delivery information may be used to inform the parties and investigate an issue.
3. Timelines
Delivery times are estimates unless expressly committed otherwise or required by law. Parties must cooperate reasonably when a delay, loss or anomaly is reported.
ARTICLE 10. RETURNS, REFUNDS AND ORDER ISSUES
1. Commercial Policy
Subject to rights provided by applicable laws in Canada, a qualifying product may be eligible for a return request within 30 days of delivery.
2. Return Shipping Costs
Under Marqesa's commercial policy, return shipping costs are borne by the buyer, unless a more favourable condition is displayed for the transaction or the law requires otherwise.
3. Refund
When a physical return is required, Marqesa may wait for receipt or validation of the product before processing or facilitating a refund, except where a legal rule requires otherwise.
4. Special Cases
Damaged, defective, incorrect, counterfeit or materially non-conforming products may be subject to a different remedy depending on the circumstances and applicable rights.
ARTICLE 11. REVIEWS, MESSAGING AND CONDUCT
1. Reviews
Reviews must reflect a bona fide experience. Fake, paid or manipulated reviews, threats, spam, illegal content and undue disclosure of personal information are prohibited.
2. Messages
Communication tools must not be used for harassment, fraud, spam or to circumvent the platform.
3. Good Faith
Users must act in good faith in orders, returns, claims, reviews and communications.
ARTICLE 12. OFF-PLATFORM TRANSACTIONS
1. Prohibition
A user must not divert a transaction initiated on Marqesa to an off-platform payment in order to avoid applicable rules, fees or protections.
2. Risk
Marqesa may not be able to protect, verify or resolve a transaction voluntarily concluded outside its systems.
ARTICLE 13. INTELLECTUAL PROPERTY
1. Marqesa
The name, trademarks, interface, text, graphic elements, software and other content owned by Marqesa are protected by applicable rights.
2. Third Parties
Users must respect the intellectual property rights of others. Marqesa may remove or limit content subject to a credible complaint and may request evidence or explanations.
ARTICLE 14. FRAUD, SECURITY AND INVESTIGATIONS
Marqesa may review accounts, orders, listings, communications, tracking, proof of delivery and other relevant information when a problem, fraud or violation is reasonably suspected.
1. Cooperation
Users must cooperate reasonably and provide accurate information when verification is required.
2. Protection
Marqesa may take temporary measures during an investigation when reasonably necessary to protect users, the platform or the funds concerned.
ARTICLE 15. ENFORCEMENT OF RULES AND ACCOUNTS
1. Measures
Depending on severity and circumstances, Marqesa may request a correction, remove a listing, limit a feature, cancel or block an activity where permitted, suspend or close an account.
2. Serious Violations
Fraud, counterfeiting, illegal products, serious threats, security breaches or repeated violations may justify immediate action.
3. Effects
Suspension or closure of an account does not erase obligations already arising from an order, return, refund, dispute or the law.
ARTICLE 16. AVAILABILITY AND LIABILITY
1. Service
Marqesa seeks to provide a reliable service but does not guarantee that the platform will always be available, error-free or compatible with every device.
2. Third Parties
To the extent permitted by law, Marqesa is not liable for actions of users, sellers, partners or other third parties that it does not control.
3. Legal Limits
No clause limits a liability or a right that cannot legally be limited or excluded.
ARTICLE 17. PRIVACY
1. Policy
Collection, use, disclosure, retention and protection of personal information are described in Marqesa's Privacy Policy.
2. Providers
Marqesa may use providers and third parties for certain functions necessary to the platform, subject to applicable requirements.
ARTICLE 18. ELECTRONIC ACCEPTANCE
When Marqesa requests acceptance of these Terms, the user may indicate agreement by checking the acceptance box or by selecting the designated button.
By accepting these Terms, the user confirms they had the opportunity to review them and agree to be bound by them.
Marqesa may retain electronic evidence of that acceptance, including the date, time and version of the Terms accepted.
ARTICLE 19. CHANGES
1. Evolution
Marqesa may modify these Terms as the platform, practices, risks or the law evolve. Significant changes are communicated appropriately when required.
ARTICLE 20. GOVERNING LAW, DISPUTES AND CONTACT
1. Governing Law
These Terms are governed by the laws applicable in Canada, subject to mandatory rights benefiting a user or consumer.
2. Resolution
Marqesa may offer an internal resolution or reconsideration process before other remedies, without preventing the exercise of any mandatory legal right.
3. Contact
Email: [email protected]
Phone: 514‑746‑0691
Users may also reach us using the forms and contact options available on the website.