Vendor Terms of Service

a. Who Can Sell

Any individual or business entity may apply to sell on the Platform, subject to:

• Completion of identity verification via our payment processor (Stripe)
• Acceptance of these Terms of Service at the time of account creation
• Compliance with all applicable laws in your jurisdiction

b. Account Accuracy

By selling on the Platform, you agree to:

• Provide honest and accurate information about yourself and your products
• Maintain accurate inventory levels and product descriptions
• Accurately represent how items were made, by whom, and where they ship from
• Use your own original photographs — not stock photos or images belonging to others
• Disclose if any work was created with the assistance of artificial intelligence

c. What Can Be Sold

The Platform is designed for original art and handmade goods. Eligible items include:

• Original artworks created by the vendor (paintings, drawings, sculptures, ceramics, etc.)
• Limited edition prints of original works
• Handmade jewelry, clothing, and accessories
• Digital art and downloadable works
• Custom commissioned pieces
• Handmade goods and craft items

d. What Cannot Be Sold

The following are strictly prohibited:

• Mass-produced items not made or designed by the vendor
• Counterfeit goods or items infringing intellectual property rights
• Items that are illegal in Canada or Quebec
• Hate speech, discriminatory content, or material promoting violence
• Items recalled by governments or manufacturers
• Stolen goods
• AI-generated art presented as hand-created original work without disclosure

Violation of prohibited item policies may result in immediate account suspension without refund of any fees. Under the Loi sur la protection du consommateur (LPC), vendors are individually responsible for ensuring their listings are accurate and not misleading to consumers.

a. Platform Rake

The Platform charges a flat 10% transaction fee ("rake") on every completed sale, regardless of the Vendor's sales volume. The rake applies to the total transaction amount including the item price and shipping charges.

b. Payment Processing

All payments are processed by Stripe. The Platform's 10% commission is inclusive of all payment processing fees. Vendors receive 90% of the gross sale amount with no additional deductions for payment processing. Vendors agree to Stripe's terms of service independently.

c. Payout Schedule

Vendor payouts are issued 7 days after confirmed payment receipt from the buyer. Payouts are triggered at payment received — not at order placement.

Example: on a $100 sale, the vendor receives $80 on day 7 and the remaining $10 on day 120 (see Rolling Reserve, below) — $90 total, an even 90/10 split with the Platform's $10 commission. There is no separate deduction for payment processing.

d. Rolling Reserve

To protect against chargebacks and disputed transactions, the Platform holds an additional 10% of each transaction ("Rolling Reserve") for 120 days from the date of the original transaction. The Rolling Reserve is always the vendor's money — it is not counted as Platform revenue. It is released in full to the vendor after the 120-day window has elapsed, provided no chargeback or dispute is outstanding. In the event of a chargeback caused by vendor fault, the Platform reserves the right to apply the Rolling Reserve toward the disputed amount before seeking additional recovery.

e. Currency

Vendors select their preferred settlement currency at onboarding. Buyers may pay in their local currency via Stripe Adaptive Pricing — the conversion cost is embedded in the buyer's displayed price and is the buyer's responsibility.

Vendors are solely responsible for selecting a settlement currency that corresponds to a bank account they hold in that currency. The Platform strongly advises against selecting a currency for which the vendor does not hold a matching bank account, as cross-currency payouts incur conversion fees that reduce the vendor's net proceeds. The Platform accepts no responsibility for losses arising from a vendor's selection of a mismatched settlement currency.

Currency changes mid-operation

Vendors may request a settlement currency change at any time by contacting tom@boutique-des-arts.com. The following conditions apply:

• The currency change takes effect on new transactions only from the date of the approved change
• Any funds already accumulated in the vendor's prior settlement currency at the time of the change will be converted to the new currency at the current mid-market rate minus 4% (Stripe's applicable conversion fee) at the time of the next scheduled payout
• The vendor acknowledges that the conversion rate applied to prior-currency funds is determined by market conditions at the time of conversion and may differ from the rate at the time those funds were originally collected
• The Platform is not liable for exchange rate fluctuations or conversion fees resulting from a vendor-initiated currency change
• Vendors are advised to request currency changes only when their prior-currency balance is minimal to avoid significant conversion losses

The Platform does not guarantee any specific exchange rate and is not responsible for differences between the rate at time of sale and the rate at time of payout.

f. Taxes

The Platform operates as a marketplace facilitator under applicable Quebec and Canadian tax law. The Platform collects and remits GST and QST on all sales to Canadian buyers on behalf of vendors. Vendors are solely responsible for any tax obligations in their own country of residence and operation, including but not limited to income tax, VAT, TVA, or equivalent. The Platform provides no tax advice.

a. Fulfillment Standards

By listing a product, you agree to:

• Ship orders within your stated processing time
• Provide tracking information where applicable
• Mark orders as fulfilled promptly upon shipment
• Monitor your order tracking page and respond to buyer comments and inquiries within 5 business days
• Notify buyers immediately if an order cannot be fulfilled and initiate a full refund
• Honor all commitments made in your product listings

All buyer-vendor communications regarding an order must take place through the order tracking page. Communications conducted outside the Platform (email, Instagram, SMS, etc.) cannot be used as evidence in dispute resolution proceedings.

b. Shipping

Vendors are solely responsible for selecting and managing their shipping method. The Platform does not provide shipping services. For orders over $100 CAD, vendors are strongly encouraged to use tracked shipping. In the event of a delivery dispute on untracked shipments, the Platform reserves the right to issue a refund to the buyer at its sole discretion, with recovery from the vendor's pending balance or Rolling Reserve.

c. Returns and Refunds

Vendors must clearly state their return policy in their store profile. In the absence of a stated return policy, the Platform's default policy applies:

• Physical goods: returns accepted within 14 days of delivery for items not as described
• Custom commissions: non-refundable once work has commenced
• Digital goods: non-refundable after download

Quebec buyers may have additional rights under the Loi sur la protection du consommateur. Vendors selling to Quebec consumers must comply with the LPC regardless of their stated return policy.

d. Custom Commissions

For custom or commissioned work:

• Deposits collected via the Platform are non-refundable once work has commenced
• Vendors must communicate clearly about timelines and specifications before accepting a deposit
• Completed custom work must match agreed specifications

a. Vendor Content

By uploading content to the Platform, you represent that:

• You own or have the right to use all content you upload
• Your listings do not infringe any third party's intellectual property rights
• You grant the Platform a non-exclusive license to display your content for the purposes of operating the marketplace

b. Notice and Notice — Copyright Infringement

The Platform complies with Canada's Notice and Notice regime under the Copyright Act (R.S.C., 1985, c. C-42). If you believe your intellectual property has been infringed, submit a written notice to tom@boutique-des-arts.com including:

• Your contact information
• Identification of the copyrighted work
• Identification of the infringing listing and its URL
• A statement that you have a good faith belief the use is not authorized
• A statement that the information is accurate

The Platform will forward notices to the relevant vendor and may remove infringing content at its discretion. Repeat infringers will have their accounts terminated.

c. Prohibited Content

Vendors may not upload content that:

• Infringes copyright, trademark, or other intellectual property rights
• Contains hateful, discriminatory, or violent material
• Is false, deceptive, or misleading
• Violates any applicable law

a. Mandatory Internal Resolution — Track 1 (No Chargeback Filed)

In the event of a dispute between a buyer and vendor where no chargeback has been filed with a financial institution, the following process applies:

• The buyer initiates a dispute directly on the order tracking page using the dispute form — this creates a timestamped record that serves as the official start of the dispute process
• The vendor is notified immediately and must respond through the order tracking page within 5 business days
• The buyer agrees not to file a chargeback with their bank or card issuer while this internal process is active
• All communications, evidence (photos, tracking information, descriptions), and responses must be submitted through the order tracking page — off-platform communications are not admissible as evidence
• If the vendor fails to respond within 5 business days, or if the dispute remains unresolved after vendor response, the buyer may escalate to the Platform by contacting tom@boutique-des-arts.com with a link to the order
• The Platform will review the full order tracking page record and issue a binding determination within 10 business days of escalation
• The Platform's determination is final with respect to the internal process; parties retain the right to seek external recourse through applicable Quebec consumer protection channels thereafter

b. Expedited Process — Track 2 (Chargeback Filed)

Where a buyer has filed a chargeback directly with their financial institution:

• The Platform is notified by Stripe and immediately contacts the vendor via email and through the order tracking page
• The vendor must upload all relevant evidence (tracking number and confirmation, order tracking page communications, proof of delivery, product photos matching the listing) to the order tracking page within 48 hours — this is the evidence package the Platform submits to Stripe
• The Platform submits the order tracking page record and vendor-supplied evidence to Stripe on the vendor's behalf within Stripe's evidence window
• Where a chargeback results from vendor fault (non-delivery, misrepresentation, fraud), the disputed amount plus Stripe's chargeback fee (currently $15 USD) will be deducted from the vendor's pending payouts or Rolling Reserve
• Vendors who consistently generate chargebacks may have their accounts suspended
• The order tracking page record is the Platform's primary evidence submission — vendors who have not communicated through the order page will have significantly weaker chargeback defence

c. Platform Dispute Resolution Framework

d. Clawback

The Platform reserves the right to recover from vendors any amounts paid out that are subsequently subject to chargeback, refund, or dispute resolution in the buyer's favour. Recovery is made first from the Rolling Reserve, then from pending payouts, and if insufficient, the vendor is invoiced for the outstanding balance.