Terms and Conditions

The purpose of these Terms is to define the legal relationship between Retrade Technologies Inc. (address: 680 Seylynn Crescent, Unit 1205, North Vancouver, British Columbia, V7J 0B5, incorporation number: 123456, business number: 32461064-2-13), as the owner and operator of the website available at retrade.ca (hereinafter: "Service Provider"), and the person using the Service (hereinafter: "User"). By registering, the User acknowledges that they have read, reviewed, and are bound by the Terms of Service. It is the User's duty and responsibility to carefully read the Terms of Service before using the site and the Service, as the failure to do so does not mean that the Terms are not binding on the parties' legal relationship.

Service Provider information:

Service Provider name: Retrade Technologies Inc.
Service Provider address (and complaint handling location): 680 Seylynn Crescent, Unit 1205, North Vancouver, British Columbia, V7J 0B5
Service Provider contact information for regular communication with users: [email protected]
Incorporation number: 123456
Business number: 32461064-2-13
Registering authority: BC Registry Services
Language of contract: English
Hosting provider name, address, and email:
- Name: Amazon Web Services, Inc.
- Address: 410 Terry Avenue North, Seattle, WA 98109-5210, United States of America
- Email address: [email protected]

2. Scope of Terms

These Terms apply to all Users of the services provided by the website. The Service Provider reserves the right to modify these Terms, and the most current version is available by clicking on the Terms of Service link on the homepage.

3. Definitions Used on the Website

Registration: creation of a user account.
Website: retrade.ca and all its subpages.

4. Use of the Service

retrade.ca is an advertising platform that provides sales and purchase opportunities for used secondhand outdoor gear. According to the website structure, the published Listings are freely viewable without registration. However, registration is required to publish Listings and order products, which requires providing the necessary personal data in addition to a username and password chosen by the User. It is the User's exclusive duty and responsibility to keep confidential the username and password they provide. The personal data required for registration is necessary for successful registration. The personal data provided must match what is written in the identity document, which is the User's exclusive responsibility, as is verifying the accuracy of the data provided. The Service Provider assumes no liability in any form for direct or consequential damages arising from incorrect data provided by the User. Providing the identifier and password means that the natural person registered through registration personally acts during the conclusion of the transaction. The User receives electronic confirmation of successful registration. After successful registration, the User can log in at any time using their personal identifier and password, and use the Service tied to the registration.

The Service Provider makes the Service available to Users under the following conditions:

the Service may only be used within the framework of applicable laws, without infringing the rights of third parties and the Service Provider, and in compliance with these Terms;
it is prohibited to use any system or solution that aims to or may result in the shutdown of servers used to operate the Service, or that otherwise threatens or may threaten the proper operation of the Service;
it is prohibited to use or collect the personal data of Users for marketing or other purposes other than the intended use of the Service.

5. Service Areas

Registration is required to use the opportunities provided by the site. Registration is not required to view the Listings.

a. Creating a Listing

Only logged-in users can create a Listing. Among the fields, price, name, description, brand, group, and validity fields are mandatory, and the accuracy of the data is the exclusive responsibility of the User (hereinafter referred to as Seller with respect to the given Listing).

All Items for Sale listed in Listings can be ordered online by other Users.

During the listing creation process, the Seller can optionally select which shipping providers (Canada Post) they wish to use for shipping the product. If the Seller selects a shipping provider, automated shipping label generation and tracking become available. Each shipping provider has its own size and weight limits, and it is the Seller's responsibility to ensure compliance with these limits.

If the Seller selects a specific shipping provider during the listing creation process, the price of the Item for Sale must not exceed CA$300.

If the Seller does not select a specific shipping provider during listing creation, the Seller will be prompted to choose a shipping method after a Buyer places an order.

b. Ordering an Item for Sale

A User (hereinafter referred to as Buyer with respect to the given Listing) may purchase any Item for Sale listed in a Listing by clicking the "Order Now" button. The Buyer can pay the selling price set by the Seller and the shipping and service fee set by the Service Provider using online card payment or cash on delivery (COD). After clicking the "Order Now" button, the Buyer arrives at the Order page, where they can always see the selling price, the shipping and service fee, and select the delivery destination.

When the Item for Sale is ordered by the Buyer, the Seller receives an email notification.

If the Seller pre-selected a shipping provider during listing creation, the Seller must ship the properly packaged product via the selected shipping provider within 5 days of the notification being sent.
If the Seller did not pre-select a shipping provider, after the order is placed the Seller receives a prompt to choose from the following options:
- Select a specific shipping provider, in which case the shipping deadline is extended by 5 additional days.
- Request a custom shipment arrangement, in which case the Service Provider's support team coordinates the delivery between the Seller and the Buyer, and the shipping deadline is extended by 10 additional days.

If the Seller does not ship the product within the applicable deadline, the order is automatically refunded and the Buyer receives back the full amount previously paid.

Depending on the shipping provider, the product is delivered to a parcel locker, pickup point, or the Buyer's address. For pickup point or parcel locker deliveries, the Buyer has 5 days to pick up the package. If the Buyer does not pick up the package, it is returned to the Seller at no additional cost.

After receiving the product, the Buyer must provide feedback within 3 days indicating whether they received the Item for Sale as described in the Listing or not. If the Buyer received the Item for Sale as described in the Listing, the order is closed and the Service Provider pays out to the Seller the selling price previously paid by the Buyer.

If the Buyer did not receive the Item for Sale as described in the Listing, an email problem resolution process initiated by the Service Provider begins with the involvement of the Buyer and the Seller. If the Buyer's claim is justified and they truly did not receive the Item for Sale as described in the Listing, they may send the Item for Sale back to the Seller without paying an additional fee, and the Service Provider refunds the Buyer the previously paid selling price set by the Seller. The shipping and service fee is only refunded when the order is canceled prior to shipping.

If the Buyer does not provide feedback within the 3-day deadline, the order is automatically deemed approved and the Service Provider pays out to the Seller the selling price previously paid by the Buyer.

c. Other Provisions

Any Listing that does not fit the theme of the site will be moderated.

6. Liability, Warranty, Guarantee

a. General Provisions

The User acknowledges that they must assess the risks related to browsing themselves, and must ensure the secure use of their computer and the protection of data stored on it.

The Service Provider is not liable for damages arising from force majeure or other events beyond its control, including but not limited to:

use of the website, or operational disruptions,
modification of data by anyone,
delays in information transmission,
virus damage,
software errors, internet network errors, other technical errors,
line or system failures,
incorrect information from Sellers.

The Service Provider makes available to the extent possible all information provided by the Seller regarding the Item for Sale found in the given Listing. The Seller is fully responsible for providing only true information about the Item for Sale. The Service Provider assumes no liability for direct or indirect damages arising from the inaccuracy or absence of this information.

b. Provisions Regarding Listings

The Buyer acknowledges that in the case of an Item for Sale listed in a Listing, they must assess the possible risks related to the purchase themselves.

The Service Provider strives to have only reliable Sellers among its users; however, due to the nature of the Service, the Service Provider assumes no liability for information made available by Sellers and for the conduct of Sellers.

The Buyer acknowledges that they are obliged to notify the Seller directly in writing of any claims arising from improper performance. The Buyer acknowledges that the Service Provider will only attempt to forward complaints and reports received to the Seller of the given Listing. The Service Provider specifically draws the Buyer's attention to the fact that a complaint sent to the Service Provider does not substitute for the proper initiation of the enforcement of claims against the Seller, which may lead to expiry.

c. Provisions Regarding Orders

When ordering an Item for Sale in a Listing, as defined in point 5.b., within 3 days of receiving the product, the Buyer must provide feedback on the compliance of the Item for Sale. If the Buyer did not receive the Item for Sale as described in the Listing, an email problem resolution process initiated by the Service Provider begins with the involvement of the Buyer and the Seller.

The Service Provider strives to support the product return process if the Buyer makes a justified claim against the Seller. The Buyer may at any time decide to initiate the proper enforcement of claims against the Seller independently.

7. Complaint Handling

Users may send their complaints to the Service Provider in writing to the email address or mailing address indicated in point 1. The Service Provider will investigate complaints received from Users as soon as possible, but no later than the deadline specified by applicable laws, and will send a written response to the User. The provisions of the Business Practices and Consumer Protection Act are applicable to complaint handling.

8. Dispute Resolution Forums and Mediation Organizations

If a consumer dispute arises between a consumer and the Service Provider, the consumer is entitled to turn to a mediation organization. Mediation organizations are responsible for resolving consumer disputes outside of court proceedings; their goal is to create an agreement between the parties, or in the absence thereof, to make a decision for the simple, quick, effective, and cost-saving enforcement of consumer rights.

The mediation organization's procedure is free of charge and starts at the consumer's request. The request must include the consumer's name, address, the Service Provider's name, address, the consumer's position on the dispute, facts and evidence supporting the dispute, and the consumer's statement that they have attempted to resolve the dispute directly with the Service Provider.

Contact information for mediation organizations and additional information can be found at the Consumer Protection BC website.

Alternative Dispute Resolution
For small claims and certain consumer disputes, the British Columbia Civil Resolution Tribunal may be available. The Tribunal provides efficient and cost-effective dispute resolution outside of traditional court proceedings. More information is available at https://civilresolutionbc.ca.

We draw your attention to the fact that participation in a mediation procedure does not preclude the consumer's right to enforce their claims in court.

9. Other Provisions

The language of contracts concluded by accepting these Terms is English. To conclude the Contract, the User must accept the Terms during registration by filling out and submitting the Service registration form.

The Contract established between the Service Provider and the User on the basis of these Terms ceases to exist if:

the Contract is terminated, including if the User requests deletion of their registration, or the User is permanently banned from the Service, i.e., their access is permanently terminated;
upon the death of the User;
upon the cessation of the Service;

Since the site can be visited from other countries, Users expressly acknowledge that in their relationship with the Service Provider, British Columbia law is the governing law. If the user is a consumer, then pursuant to section 26(1) of the Civil Resolution Tribunal Act, with respect to the consumer, for matters arising from this contract, the court with jurisdiction over the consumer's domestic place of residence has exclusive jurisdiction.

The Service Provider informs the User of the following pursuant to section 5 of the Business Practices and Consumer Protection Act:

The Terms of Service are published on the https://retrade.ca website.
Registration is required to use most of the service. The registration process proceeds according to the terms and conditions.
Any data entry errors can be checked before submitting the contract statement, and can be corrected by simple modification of the appropriate fields.
The language of the terms is English.
Code of Conduct: Netiquette

Online card payments are processed through the Stripe Payments Europe Limited system. The Buyer also has the option to pay via cash on delivery (COD), where supported by the selected shipping provider. Credit card data does not reach the Service Provider. The Stripe payment system's general terms and conditions and privacy notices are continuously available at https://stripe.com/en-ca/privacy. The User declares that they have read and accepted the Stripe payment system's general terms and conditions and privacy notices.

When ordering an Item for Sale, shipping is handled by Canada Post. For shipping conditions not detailed in these Terms, the Canada Post Terms of Service (https://www.canadapost-postescanada.ca/cpc/en/support/articles/sending/postal-standards-and-guidelines/terms-and-conditions) in effect on the order date are applicable.

10. Copyright

Since the retrade.ca website qualifies as a copyrighted work, it is prohibited to download (reproduce), retransmit to the public, use in other ways, store electronically, process, or sell the content appearing on the retrade.ca website or any parts thereof without the Service Provider's written consent.

Any material taken from the retrade.ca website and its database may only be used with written consent and only with reference to the said website.

The Service Provider reserves all rights to all elements of its service, to its domain names, to the secondary domain names formed with them, and to its internet advertising interfaces.

It is prohibited to adapt or reverse engineer the content of the retrade.ca website or parts thereof; to establish user identifiers and passwords in a dishonest manner; to use any application with which the retrade.ca website or any parts thereof can be modified or indexed.

The retrade.ca name enjoys copyright protection, and its use, except for reference purposes, is only possible with the Service Provider's written consent.

The User acknowledges that in case of unauthorized use, the Service Provider is entitled to liquidated damages. The amount of liquidated damages is CAD $300 gross per image, or CAD $100 gross per word. The User acknowledges that this liquidated damages clause is not excessive, and they browse the site with this knowledge. In case of copyright infringement, the Service Provider applies the notary certification of facts, the amount of which it also passes on to the infringing user.