Seller Terms & Conditions

Last updated:May 29 2018

Last updated:

Welcome to www.mondeshoppingspree.com, a free and fee-based online market platform (a business venture operated by Kiravee Innovations, NB Canada) which sells or offer products and services to global customers.

This document is an electronic document as per the Canadian Uniform Electronic Commerce Act (UECA) 1999 (http://publications.gc.ca/Collection-R/LoPBdP/BP/prb0012-e.htm#A.), and rules made thereunder in Parts 1-3 (sections 5-25). This electronic document is generated by a computer system and hence, does not require any physical or digital signatures. This document is published in accordance with the UECA that require publishing the rules and regulations, privacy policy and user agreement for access or usage of www.mondeshoppingspree.com.

When vendors use mondeshoppingspree.com website, they will be subject to guidelines, terms and conditions applicable to the website. Mondeshoppingspree.com is a transitional web platform that facilitates and manage an online marketplace to enable sellers to advertise, display, and offer to sell various products and services enabling potential buyers to purchase the products or services so offered. Mondeshoppingspree.com also facilitates the transactions between sellers and the buyers. Accordingly, the contract for sale of any of the products shall solely be a mutual deal between seller and the buyer. Mondeshoppingspree.com shall have no any obligations or liabilities in respect of such deals nor shall mondeshoppingspree.com hold any title in the products. The title in the products and other rights and interest in the products shall directly pass to the buyer from the seller.

You may use mondeshoppingspree.com in condition that you accept all the terms, conditions and notices contained in this User Agreement. Upon "Acceptance", this User Agreement shall be in effect and binding upon you along with any amendments made by mondeshoppingspree.com at its sole discretion and posted on the website and you shall not claim invalidity of this User Agreement merely on the basis that this User Agreement is being composed electronically.

For the aforesaid purposes, 'Acceptance' shall mean Your affirmative action in clicking on 'check box' and on the 'continue button' as provided on the registration page or any act which reflects your use of mondeshoppingspree.com or the services provided by mondeshoppingspree.com or any such other actions that imply your acceptance. Your use of mondeshoppingspree.com implies that you agree with the terms of the User Agreement. If you do not agree or are not willing to be bound by the terms and conditions of this User Agreement and Rules and Policies as displayed on mondeshoppingspree.com, please do not click on the "check box " and/or on the "continue" button and do not seek to obtain access to or otherwise use mondeshoppingspree.com.

Amendments

When you use any of the services provided by us through mondeshoppingspree.com, you will be subject to the rules, guidelines, policies, terms, and conditions applicable to such services, and they shall be deemed to be incorporated into this User Agreement and shall be considered as a valid addition to this User Agreement. We reserve all the rights, at our sole discretion, to change, modify, add or remove portions of the User Agreement, at any time without prior written notice to you. It is your responsibility to review this User Agreement periodically for updates. Your continued use of mondeshoppingspree.com following the posting of changes will mean that you accept and agree to the revisions. As long as you comply with the provisions of this agreement, we grant you a personal, non-exclusive, non-transferable, limited privilege to enter and use mondeshoppingspree.com.

Applicable Law for Disputes

Mondeshoppingspree.com is not liable for any breach of contract entered into between users (includes registered user or guest user). Mondeshoppingspree.com cannot and does not guarantee that the concerned users will perform any transaction concluded on the website. Mondeshoppingspree.com shall not and is not required to mediate or resolve any dispute or disagreement between users. However, if any dispute arises between mondeshoppingspree.com and a user, an arbitration process would be appropriate. Arbitration Act and Canadian federal arbitration laws may apply to this agreement. To initiate an arbitration proceeding, you shall deliver a Notice of Arbitration to mondeshoppingspree.com and shall at the same time deliver a copy of the Notice of Arbitration to the Canadian Arbitration Association. The arbitration will be conducted by the Canadian Arbitration Association (CAA) under its rules.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to order breach or other misuse of intellectual property rights.

Copyright

Any content included in or made available through mondeshoppingspree.com such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software are the sole property of mondeshoppingspree.com or its content suppliers, and is protected by Canadian and international copyright laws. Mondeshoppingspree.com respects the intellectual property of others.

Disclaimer of Warranties and Limitation of Liability

The applicable laws of certain jurisdictions in Canada, including Quebec's consumer protection act, do not allow limitations on implied warranties or conditions or the exclusion or limitation of certain damages. If any of these laws apply to you, some or all of the below disclaimers, exclusions, or limitations might not apply to you, and you might have additional rights for your claim.

Mondeshoppingspree.com makes no representations or warranties of any nature, express or implied, as to the operation of the mondeshoppingspree.com or the information, content, materials, products (including software) made available to you through the mondeshoppingspree.com, unless otherwise specified clearly in writing. You expressly agree that you use mondeshoppingspree.com services at your sole discretion.

To the full extent permitted by applicable law, mondeshoppingspree.com disclaims all warranties and conditions, express or implied, including, but not limited to, implied title warranties, merchantable quality and fitness for a particular purpose. Mondeshoppingspree.com does not warrant that the mondeshoppingspree.com information, content, materials, products (including software) or other services made available to you through the mondeshoppingspree.com, electronic communications, or e-mail sent from mondeshoppingspree.com services are free of computer software viruses or other harmful malware components. mondeshoppingspree.com will not be liable for any damages of any nature caused by the use of any mondeshoppingspree.com service or from any information, content, materials, products (including software) made available to you through mondeshoppingspree.com, including, but not limited to, direct, indirect, incidental, corrective, and subsequent damages, unless otherwise specified in writing.

Electronic Communications

When you communicate with mondeshoppingspree.com by sending e-mails, text messages, and other form of communications from any sort of device to us, you are communicating with us electronically. You thereby consent to receive communications from us electronically. We will communicate with you electronically by e-mail, or by posting notices and messages on the mondeshoppingspree.com. You thereby agree that all agreements, notices, messages, disclosures, and other communications that we provide with you electronically satisfy any legal requirement.

Licence and Access to Vendor Account

Subject to your compliance with these Terms & Conditions and your payment of any applicable fees, mondeshoppingspree.com grants you a limited, non-exclusive, non-transferable, non-sublicensable licence to access and use of the mondeshoppingspree.com as a vendor. This vendor licence does not permit you for resale or commercial use of mondeshoppingspree.com services or its contents, collection and use of product listings, descriptions, or prices, any derivative use of mondeshoppingspree.com service or its contents, downloading or copying of account information for the benefit of another merchant, or use of data mining, or similar data-gathering and extraction tools. All rights not granted to you in these Terms & Conditions of use or any Service Terms are reserved and retained by mondeshoppingspree.com or its licensors, suppliers, publishers, or other content providers. No mondeshoppingspree.com service, nor any part of any mondeshoppingspree.com service, may be reproduced in any manor, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the proper written consent of mondeshoppingspree.com. You may not frame or use any framing technique to enclose any trademark, logo, or any other proprietary information (including graphic images, text, page layouts, or forms) of mondeshoppingspree.com without proper written consent. You may not misuse the mondeshoppingspree.com services by posting unsolicited commercial electronic messages that encourage money laundering or gambling. You may use the mondeshoppingspree.com services only as permitted by law. The licenses granted by mondeshoppingspree.com will be terminated if you do not comply with these Terms & Conditions of use or any Service Terms.

Membership Eligibility and Vendor Accounts

Mondeshoppingspree.com is available only for persons who are legally eligible for binding contracts under Canadian law. mondeshoppingspree.com is open for selling products for children, provided that an adult who is a parent or legal guardian should purchase products with a valid credit card or through any other permitted payment method. If you are under the age of maturity in your province of residence, you may use the mondeshoppingspree.com only with the permission or involvement of a parent or guardian. mondeshoppingspree.com reserves the right to refuse service, terminate vendor accounts, remove or edit contents, or cancel orders in its sole discretion when mondeshoppingspree.com deems it necessary.

If you use mondeshoppingspree.com as a guest user, you are solely responsible for maintaining the confidentiality of your personal identification details and restricting access to your personal devises, and computer systems. You are fully responsible for all activities that would occur under your user ID and Password (if registered) or email ID and phone number (if guest user). You shall provide true and accurate information about yourself as prompted by mondeshoppingspree.com's registration form or provided by you as a guest user. You must not include any of Your contact details such as email addresses etc. in your user ID while registering as a Registered User; and always;

i. maintain and promptly update the Registration Data to keep it true, accurate, current and complete;

ii. immediately notify us of any unauthorized use of your password or account or any other breach of security, and

iii. ensure that you log out from your account at the end of each session.

If You provide any information that is inaccurate, not current or incomplete or mondeshoppingspree.com has reasonable proofs that such information is inaccurate, not current or incomplete, or not in accordance with the User Agreement, mondeshoppingspree.com has the right to indefinitely suspend or terminate or block access of your membership with the website and refuse to provide you with access to the website. mondeshoppingspree.com shall not be liable for any loss or damage arising from your failure to comply with this Clause.

If you are a seller and use mondeshoppingspree.com site, you are solely responsible for maintaining the confidentiality of your own vendor account and password and for restricting access to your account. And you also agree to accept responsibility for all activities that occur under your account or password.

(Not applicable to Quebec consumers) By using mondeshoppingspree.com, you agree that the Canadian Federal Arbitration Act, applicable Canadian federal laws, and the laws of the Canada, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and mondeshoppingspree.com. For Quebec consumers: These Conditions of Use and any dispute of any nature that might arise between you and mondeshoppingspree.com shall be governed by the laws of the Province of Quebec, without reference to its conflict of law’s provisions, and the laws of Canada applicable therein, and any disputes will be submitted to the courts of competent jurisdiction of the District of Montreal (Quebec).


Privacy Policy

Please review our Privacy Policy, which also governs your use of the mondeshoppingspree.com Services, to understand our practices.

Product Descriptions

We assure that descriptions of products appear in mmondeshoppingspree.com are accurate to the best of our knowledge. However, mondeshoppingspree.com does not warrant that product descriptions posted by vendors or other content of any mondeshoppingspree.com is accurate, complete, reliable, up-to-date, or error-free. If a product offered through mondeshoppingspree.com is not as described, your sole remedy is to return it in unused condition.

Product Pricing

The suggested retail price of a product is shown as “List Price” which is provided by a manufacturer, supplier, vendor or seller. We will make sure to regularly check List Prices against prices recently found on the mondeshoppingspree.com and other retailers. With respect to items sold through mondeshoppingspree.com by vendors registered therein, prices of any item cannot be confirmed until you order it. Despite our best efforts, prices of a small number of the items in our catalogue may not be up to date. If there is any price difference between the current and the listed price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Other merchants may follow their own policies in the event if any such price difference is noted. We, in general, do not charge your credit card until your order has entered the shipping process by the respective vendor.

Returns and Refunds

At the respectable vendor’s discretion, a refund may be issued. For information about returns and refunds, please refer to our Return Policies in User Terms & Conditions.

Reviews, Comments, Communications, and Other Contents

Visitors, buyers or any clients may post reviews, comments, photos, and other contents; send e-cards and other means of communications; and submit suggestions, comments, questions, or other information, as long as the content is not illegal, obscene, aggressive, offensive, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable, and does not consist of software viruses, commercial solicitation, mass mailings, or any form of "spam" or unsolicited commercial electronic messages that encourage money laundering or gambling. You may not use a false e-mail address, mimic any person or entity, or otherwise mislead as to the origin of a card or other content. mondeshoppingspree.com reserves the right (but not obliged) to remove or edit such content, but does not regularly review posted contents.

If you post or submit any material, and unless we indicate otherwise, you grant mondeshoppingspree.com a full right to produce, reproduce, modify, publish, perform, translate, distribute, communicate to the public by telecommunications and display such content throughout the world in any media. Thus, you grant mondeshoppingspree.com and sublicencees the right to use the name that you submit in connection with any such content, if they choose. You also represent and warrant that you own or otherwise control all the rights to the content that you post; that the content is accurate and reliable; that use of the content you supply does not violate mondeshoppingspree.com’s policy and will not cause injury to any person or entity; and that you will indemnify mondeshoppingspree.com for all claims resulting from content you post. mondeshoppingspree.com has all rights but not obliged to monitor and edit or remove any activity or content. mondeshoppingspree.com takes no responsibility and assumes no liability for any content posted by you or any third party.

Site Policies, Modification and Severability

Please review our pricing policy, posted on the mondeshoppingspree.com. These policies also govern your use of mondeshoppingspree.com services. We reserve the right to make changes to our site, policies, Service Terms, and Conditions of Use at any time.

Software Terms

1. You may use mondeshoppingspree.com software solely for purposes of enabling you to use the mondeshoppingspree.com services as permitted by the Conditions of Use, of these software Terms and any Service Terms. You may not incorporate any portion of the mondeshoppingspree.com software into your own programs or compile any portion of it alone or in combination with your own programs, transfer it for use with another service, or sell, rent, lease, lend, loan, distribute or sub-license for the mondeshoppingspree.com software or otherwise assign any rights to the mondeshoppingspree.com software in whole or in part. You shall not use the software for any illegal purpose. We may terminate providing any mondeshoppingspree.com software and we may terminate your right to use any mondeshoppingspree.com software at any time. Your rights to use the mondeshoppingspree.com software will automatically terminate without notice from us if you fail to comply with any of these software terms, or the Conditions of Use or any other Service Terms. Additional third-party terms contained within or distributed with certain mondeshoppingspree.com software that are specifically identified in related documentation may apply to that mondeshoppingspree.com software and will govern the use of such software in the event of a conflict with these Conditions of Use. All software used in mondeshoppingspree.com is the property of mondeshoppingspree.com or its software suppliers and protected by Canadian and international copyright laws.

2. When you use the mondeshoppingspree.com software, you may also be using the services of one or more third parties. Your use of these third party services may be subject to the separate policies, terms of use, and fees of the relevant third parties.

3. You may not encourage, assist or authorize any other person to copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with, the mondeshoppingspree.com software, whether in whole or in part, or create any derivative works from or of the mondeshoppingspree.com software.

4. In order to keep the mondeshoppingspree.com software up-to-date, we may offer automatic or manual updates at any time and without notice to you.

5. You must comply with all export and re-export restrictions and regulations of the Canada Department of Commerce, Foreign Affairs and International Trade Canada, and other Canadian agencies and authorities that may apply to the mondeshoppingspree.com software.

Terms of Software Updates

In addition to these Conditions of Use, additional terms may apply to any software (including any updates or upgrades to the software and any related documentation) that we make available to you from time to time for your use in connection with mondeshoppingspree.com services.

Trademarks

Graphics, logos, page headers, button icons, scripts, and service names included in or made available through mondeshoppingspree.com are trademarks of mondeshoppingspree.com and they may not be used in connection with any product or service that is not related to mondeshoppingspree.com in any manner that would likely to cause confusion among customers, or in any manner that disparages or discredits mondeshoppingspree.com. All other trademarks not owned by mondeshoppingspree.com that appear in mondeshoppingspree.com are the property of their respective owners, connected to, or sponsored by mondeshoppingspree.com.

Terms & Conditions applied to international sellers

Before you begin selling on mondeshoppingspree.com in a country outside your business locality, you need to provide a bank account details in a country supported by mondeshoppingspree.com in order to receive payments. In addition, you should be aware of the laws that apply to you as a seller and you must only list and sell products that comply with those laws applicable to mondeshoppingspree.com. You shall not be engaged in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force. You should consult with your legal and tax advisors who understand the requirements that may apply to you so that you only offer products on the mondeshoppingspree.com website that; you are permitted to sell, you are able to deliver to the customer efficiently, and you are able to provide after sale services. You should confirm that you have carefully considered the following matters with your legal and tax experts (as you deem necessary) and that you agree only to offer products on mondeshoppingspree.com. The followings apply for each product you offer, promote and/or sell on mondeshoppingspree.com marketplace website:

1. Fulfill Customer Expectations. You shall provide customers with accurate information about the country from which you are shipping your product. You need to mention the 'shipping from' country accurately in your vendor profile and manage customer expectations by stating the actual shipping times from your country. You will be responsible for meeting the shipping expectations for all orders you receive.

2. Fast Delivery to the Customer. Each time you must use a reliable and fast shipping method so that customers receive their purchased stuffs with no delay. Never let customers to be exposed to customs delays, additional duties and taxes on their purchases. You shall be responsible for complying with all import and export obligations and for payment of all applicable duties and customs fees. Simply, customers should receive exactly what they ordered without any additional charges or fees and within the estimated delivery date posted with your offer on the mondeshoppingspree.com marketplace website.

3. Friendly Customer Service. You shall respond quickly to customer contacts in the language of the mondeshoppingspree.com marketplace website in which you are registered to sell. Whenever customers have concerns about what they have purchased from you, they expect prompt and helpful customer service for your products. You should have properly trained customer service specialists who know your products descriptions, where the customer's product right at that time is, probable time of delivery, and who are able to respond quickly within 24 hours to customer e-mail inquiries or by phone in the language of the mondeshoppingspree.com marketplace website in which you are registered to sell.

4. Permission to Sell Your Products Legally- You must affirm that you are permitted to advertise, offer, and sell the product on mondeshoppingspree.com marketplace. The laws of each country may vary. As a seller, it is your responsibility to ensure that you do not present customers with offers for your products unless you have confirmed that under all applicable laws, you are permitted to sell and deliver the product to all potential customers. For example, you should confirm that: applicable export and import laws permit the delivery of that product to each customer; your product meets local consumer protection criteria, product compliances and environmental regulations. For example, the product should comply with local age restrictions if any, requirements for use and operation (e.g., product package should accompany product manual in the local language), product safety requirements and certifications (e.g., comply with all hazardous material restrictions of the local area, include required warning or other labelling on the product), sale and delivery of your product will not violate the intellectual property rights of others including the product manufacturer.

5. Product Listings- You shall list your products using the primary language and currency of the mondeshoppingspree.com marketplace website in which you are registered to sell.

6. Customer charges- Your product listing should include all applicable charges and taxes (GST, HST, VAT, customs duty, excise taxes, etc.). You shall provide VAT invoices to the customer upon the customer's request, if applicable.

7. Returns- You shall provide customers with a return address and pay the return shipping costs to have the item returned to you in case if the customer is not satisfied with your product or in case of the product does not comply with the customer’s requirements. This may be in the form of a prepaid return labels or a reimbursement of return shipping costs incurred by the buyer.

8. If you use a freight forwarder or a third-party service to forward a return shipment, you shall accept the return and process the refund immediately after the returned item has reached the return address provided to the buyer. The buyer shall not have any responsible for issues that occur after the package has reached the return address you provided.

9. If mondeshoppingspree.com determines, in its discretion, that you have not provided a return address and did not pay or reimburse a buyer for the shipping costs for a return, mondeshoppingspree.com may refund the buyer for any applicable return shipping expenses, and you shall promptly reimburse mondeshoppingspree.com for these expenses according to the terms of your seller agreement.

10. Applicable Taxes- You, as the seller are solely responsible for (i) accounting any applicable due taxes, and (ii) reporting to the relevant local tax authority. You are also responsible for meeting any VAT obligations that may apply to the country to which you deliver your products.

11. Selling Agreement. You will, at all times, comply with the terms and conditions of your selling agreement. mondeshoppingspree.com will not sell your product on behalf of you. You shall be responsible for selling your products in your own using mondeshoppingspree.com platform.

A reminder of your obligations when using fulfilment by mondeshoppingspree.com.com

Prior to commence using fulfilment by mondeshoppingspree.com in any country outside your own business location, you need to provide a bank account in a country supported by mondeshoppingspree.com in order to receive payment.



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