These Vendor Terms and Conditions (“Vendor Terms”) and all applicable laws and regulations govern the sale of your items on the Rebelstork website: rebelstork.com (the “Website”) administered and owned by Rebelstork Corporation (“Rebelstork”, “we”, “us” or “our”). These Vendor Terms constitute the entire agreement between you and Rebelstork relating to the matters set forth herein, and supersede all prior or contemporaneous understandings, agreements, negotiations, representations and warranties, and communications, both written and oral (“Vendor Agreement”).
To become a Vendor, visit the Website and set up your Vendor Personal or Business account (each an “Account”). Vendors must be of the age of majority in their jurisdiction of residence to use Rebelstork. All registered Vendors hereby represent that they have reached the age of majority in their jurisdiction of residence and that they have not been previously suspended or removed from the Website. If you are using or opening a Business account with Rebelstork on behalf of a company, entity, or organization (collectively, a “Business“) then you represent and warrant that you are an authorized representative of that Business with the authority to bind it to these Vendor Terms and that you agree to these Vendor Terms on behalf of the Business.
Eligible Products or Items
All items or products listed on our Website must be owned by you and clean and free of stains and must be manufactured by one of the accepted brands as per out brand listing on the website.
All products or items must meet one of the following categories:
- Pristine = Brand new, never used, in box
- Excellent = New, used, 0-5 scuffs/scratches, slight fading, all critical parts present
- Very good = Used, 6-10 scuffs/scratches, medium fading, all critical critical present
- Good = Used, 10-15 scuffs/scratches, above average fading, all critical parts present
By accepting the pre-listing requirements on our Website, you are guaranteeing the quality of your item and its condition and represent and warrant the following:
- the item was purchased in Canada or deemed safe for use in Canada;
- the item is new or in good condition;
- the item is fit for its purpose;
- the item was not involved in any damage that would compromise its safe use and;
- the item is not listed for sale on any other website
Product Description and Price
When you list your products or items on our Website, you must use our pricing algorithm to set an approximate sale price. Once the item has been uploaded into the review stage by the vendor Rebelstork will evaluate/confirm price and push it live. No other sale prices will be accepted. If an item is unsold after two weeks of being full price on the site, Rebelstork has the right to adjust price. All photographs used to support your listing must capture and accurately reflect the product or item you are offering for sale and the description you include on our Website. The photographs you use must be your own photographs – not stock photos, artistic renderings, or photos used by other vendors or sites. All product descriptions must be limited to the product’s purpose, colour, size, weight or other product specification and must not misrepresent the product. All product claims are limited to your experience with the product (if applicable) and the claims made by the product manufacturer.
Once an item sells and payment has been received by us, the Vendor will be notified. You will have 24 hours to schedule free item pick up through our Website. Once we pick up your item at the address listed in your Account, the buyer will be notified that their item is on its way to the address in their account. When an item of yours is purchased and shipped to the buyer, the funds will be held for 24 hours in case there is a complaint with the item.
If a claim has been made that an item on the Website has been misrepresented, is damaged, incorrect, inauthentic or is missing a critical piece, Rebelstork will look into the claim. If the claim is verified, the item will be returned at the expense of the Vendor at a charge of $30 or the Vendor can decide to allow Rebelstork to donate the item in lieu of return at a charge of $30.
If we do not receive any claim within 24 hours of delivering your item to the buyer, payment will be processed to your Account. To process payment, all Vendors must have an account with Stripe, Inc. Rebelstork will release stripe payment requests every 15th and 30th of the month. Refer to the website for commission and service fee chart.
Additional Terms and Policies
The following terms and policies are incorporated by reference and made part of the Vendor Terms. By registering, accessing, browsing, downloading, or using the Website, you acknowledge that you have read, understood and agree to be bound by these linked policies, as well as the terms available on this page.
When using our Website, you will be subject to any additional posted policies, guidelines or rules applicable to specific services and features which may be posted from time to time (the “Policies“). All such Policies are hereby incorporated by reference into these Vendor Terms.
Ownership; Proprietary Rights
The Website is owned and operated by Rebelstork. The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), products, software, services, and all other elements of the Website provided by Rebelstork (“Materials“) are protected by copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. All Materials contained on the Website are the property of Rebelstork or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to Rebelstork or its affiliates and/or third party licensors. You may not sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. Rebelstork reserves all rights not expressly granted in these Vendor Terms.
BY USING THE WEBSITE AS A VENDOR YOU AGREE NOT TO:
– use the Website for any purposes other than to list products for sale;
– rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer the licenses granted herein or any Materials, or use the Website on behalf of any third party;
– post, upload, or distribute any content that is defamatory, libelous, inaccurate, unlawful (including in violation of any intellectual property or similar laws), or that a reasonable person could deem to be objectionable, offensive, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive, or otherwise inappropriate;
– impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the Accounts of others without permission, forge another persons’ digital signature, misrepresent the source, identity, or content of information transmitted via the Website, or perform any other similar fraudulent activity;
- use the Website if you are under the legal age of majority in your jurisdiction of residence;
- remove, circumvent, disable, damage or otherwise interfere with security-related features of the Website, features that prevent or restrict use or copying of any content, or features that enforce limitations on the use of the Website;
- reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Website or any part thereof;
- modify, adapt, translate or create derivative works based upon the Website or any part thereof,
- interfere or attempt to interfere with the proper workings of the Website or any activities conducted on the Website; or
- access the Website with any bot, spider, crawler, or other automated system or process, or bypass robots.txt exclusion files or other measures Rebelstork may use to prevent or regulate access to the Website.
Rebelstork reserves the right, at our discretion, to change, modify, add, or remove portions of these Vendor Terms at any time by posting the amended Vendor Terms to the Website. Please check these Vendor Terms and any Policies periodically for changes. In the event that such modifications materially alter your rights or obligations, Rebelstork will use commercially reasonable efforts to notify you of the change. Your continued use of the Website after the changes become effective constitutes your binding acceptance of such changes. Except as stated elsewhere, such amended Vendor Terms or fees will automatically be effective upon the earlier of (a) your use of the Website with actual notice of the new terms or (b) thirty (30) days after they are initially posted on the Website.
Rebelstork: You agree that Rebelstork, in its sole discretion, for any or no reason, and without penalty, may terminate any Account (or any part thereof) you may have with Rebelstork or your use of the Website and remove and discard all or any part of your Account, and user profile, at any time. You agree that any termination of your access to the Website, or any Account you may have, or portion thereof may be effected without prior notice, and you agree that Rebelstork will not be liable to you or any third party for any such termination. Any suspected fraudulent, abusive, or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Rebelstork may have at law or in equity.
You: Your only remedy with respect to any dissatisfaction with (i) the Website, (ii) any of these Vendor Terms, (iii) any policy or practice of Rebelstork in operating the Website, or (iv) any content or information transmitted through the Website, is to terminate your Account.
To the full extent permitted by law, you agree to indemnify, defend, and hold Rebelstork, its affiliated companies, contractors, employees, and agents harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the Website, your violation of these Vendor Terms, or any breach of your representations, warranties, and covenants. Rebelstork reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Rebelstork, and you agree to cooperate with Rebelstork defense of these claims. Rebelstork will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
To the full extent permitted by law, you expressly understand and agree that your use of the Website, the information therein, or any activity arising from your use of the Website is at your sole risk. THE WEBSITE IS PROVIDED “AS-IS” AND WITHOUT WARRANTY. REBELSTORK EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO: WARRANTIES OF TITLE AND NON-INFRINGEMENT; WARRANTIES THAT THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, ACCURATE, RELIABLE AND FREE FROM VIRUS AND OTHER HARMFUL COMPONENT, OR THAT THE RESULTS OF USING THE WEBSITE WILL MEET YOUR REQUIREMENTS. REBELSTORK STRIVES TO PROVIDE THE WEBSITE 24 HOURS A DAY 365 DAYS A YEAR, BUT REBELSTORK CAN’T GUARANTEE THAT THE WEBSITE WILL ALWAYS BE AVAILABLE. REBELSTORK WILL NOT BE LIABLE FOR ANY LOSS DUE TO THE WEBSITE NOT BEING AVAILABLE. REBELSTORK DOES NOT MAKE OR GIVE UNDER THESE VENDOR TERMS, AND HEREBY EXPRESSLY DISCLAIMS, ALL WARRANTIES, REPRESENTATIONS, OR CONDITIONS, BOTH EXPRESS AND IMPLIED, ARISING BY STATUTE OR OTHERWISE IN LAW, OR FROM COURSE OF DEALING OR USAGE OR TRADE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY, REPRESENTATION, OR CONDITION OF MERCHANTABILITY, MERCHANTABLE QUALITY, OR FITNESS FOR ANY PURPOSE, PARTICULAR, SPECIFIC, OR OTHERWISE, OR ANY WARRANTY WITH RESPECT TO THE AVAILABILITY OF THE WEBSITE, OF TITLEOR NON-INFRINGEMENT IN ANY WAY RELATING TO THESE VENDOR TERMS, THE WEBSITE, AND/OR ANY SERVICES RELATED TO ANY OF THE FOREGOING PROVIDED BY OR FOR YOU.
Limitation of Liability
UNDER NO CIRCUMSTANCES WILL REBELSTORK OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM ANY UNSUCCESSFUL COURT ACTION OR LEGAL DISPUTE, LOST BUSINESS, LOST REVENUES OR LOSS OF ANTICIPATED PROFITS ARISING OUT OF OR RELATING TO THESE VENDOR TERMS OR THAT RESULT FROM YOUR USE OR YOUR INABILITY TO USE THE WEBSITE OR ANY OTHER INTERACTIONS WITH REBELSTORK, EVEN IF REBELSTORK OR A REBELSTORK AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, REBELSTORK’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
Rebelstork may provide you with notices, including those regarding changes to Rebelstork’s Vendor Terms, by email or postings on the Website. Notice will be deemed given twenty-four hours after email is sent unless Rebelstork is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to a postal address, if provided by you through the Website. In such case, notice will be deemed given three days after the date of mailing. Notice posted on the Website is deemed given thirty (30) days following the initial posting.
These Vendor Terms shall be governed by, construed and enforced in accordance with the laws of the Province of Ontario. You agree that any legal action in connection with any matters related to the Vendor Agreement will be subject only to the jurisdiction of the provincial and federal courts located in Ontario.
It is the express wish of the parties that these Vendor Terms and any related documents be drawn up and executed in English. Les parties conviennent que la présente convention et tous les documents s’y rattachant soient rédigés et signés en anglais.