Terms and Conditions of Use
Last Modified: February 27, 2020
Second Love Shoes Inc. (“we“, “us” or “our“) is a corporation formed pursuant to the Canada Business Corporations Act (R.S.C., 1985, c. C-44). In consideration for permitting your access to our website and online marketplace, hosted at https://secondloveshoes.com (collectively the “Second Love Marketplace”) and other good and valuable consideration, you agree as follows:
These terms and conditions (the “Terms“) form a legally binding agreement which govern your access to and use of the Second Love Marketplace. Unless expressly indicated, all provisions in these Terms apply to you whether you are acting as a buyer or seller of goods.
By using the Second Love Marketplace and accepting these Terms, you, the user (“you” or “your“), represent and warrant that (a) you are at least the age of majority in your Canadian province; and (b) you have read and understand these Terms and agree to be bound by them.
If you are using the Second Love Marketplace on behalf of, or in the employ of, an organization (corporation, trust, partnership, etc.), you are agreeing to these Terms for that organization and representing and warranting that you have the authority to bind that organization to these Terms. In such a case, “you” and “your” will also refer to that organization and yourself individually. Both you as an individual and your organization are legally bound by these Terms which form an agreement with Second Love Shoes Inc.
About the Second Love Marketplace
The Second Love Marketplace allows registered users to buy and sell previously loved shoes. We are not a consignment service. We do not take ownership, possession or title to any of the goods being sold via the Second Love Marketplace. We merely connect buyers and sellers of second hand shoes online and facilitate payment with a payment processor. When you buy or sell products on the Second Love Marketplace, you are buying and selling goods directly with another user of our service. While sellers on the Second Love Marketplace may sell used shoes from various brands, we are not affiliated with or endorsed by any manufacturer, designer, retailer or shoe brand.
Establishing an Account to Buy and Sell on the Second Love Marketplace
You may browse the public facing sections of the Second Love Marketplace without establishing an account or providing us with any personal information. However, to buy or list products for sale, (i) you must be a resident of Canada with a Canadian mailing address; and (ii) you will be required to register for an account. In order to register an account, you will be required to provide us with:
- Your full legal name (as displayed on your government identification);
- An email address, which you alone control;
- A mailing address; and
You represent and warrant that all account information you provide to us is accurate and not misleading.
Upon establishing an account with us, we grant you a worldwide, non-transferable, non-exclusive license to access the Second Love Marketplace and your account in accordance with these Terms, but reserve the right to revoke the license and your access to the Second Love Marketplace at any time.
If you establish an account with us, access to your account is not transferrable and is only intended for the individual or entity that established the account. You may only register for one account and upon setting up your account, you will be required to create a username and password. For security reasons, you agree to use a unique password which you do not use on any other website or online service. You are responsible for safeguarding the password you use to access the Second Love Marketplace and you agree not to disclose your password to any third party. You are responsible for any activity on your account, whether you authorized that activity or not.
Buying and Selling on the Second Love Marketplace
As a seller, you can create new listing and manage existing product listings on the Second Love Marketplace from within your account. In order to list shoes for sale, you will be required to upload:
- Photos of your shoes;
- An accurate description of the shoes and their current condition; and
- Specify a list price.
By posting a listing, you represent and warrant to us and prospective buyers that (i) the description of your goods is accurate and not misleading and that you lawfully own the goods; (ii) the goods are authentic and not fraudulent; and (iii) the photos you upload are your own and reflect the current state of the goods being sold. You are not permitted to upload images of your goods taken from other online sources or supplied by a manufacturer, retailer or any other third party. Buyers who receive products which do not conform with the listing description or photos are permitted to return the shoes to sellers in accordance with our refund policy, below.
In order to list your goods for sale they must be (i) in a usable condition (reasonable wear and tear is acceptable so long as your product images reflect the current condition of the goods); and (ii) authentic and not manufactured or made in breach of any third-party’s intellectual property rights.
WARNING REGARDING INAUTHENTIC GOODS: We prohibit the sale of counterfeit goods on the Second Love Marketplace and will comply with all applicable laws pertaining to the trafficking of counterfeit goods. You agree that we may report to the applicable authorities on any goods or images of goods you upload if we reasonably believe such goods are fraudulent, attempting to be sold in breach of a third-party’s intellectual property rights or are otherwise illegal. This includes providing your name and personal information to law enforcement authorities and the owners of intellectual property rights which we reasonably believe you may be infringing or attempting to infringe.
Following the completion of your product description and uploading your product images, we or a prospective buyer, may request that you provide additional information, including information related to the origins of the goods, such as a purchase receipt or other information. In order to prevent fraud and to facilitate claims against you related to inauthentic goods, we may also require that you confirm your identity and address by providing a copy of your driver’s license or other government issued identification.
While we do not actively monitor or review all product listings, we reserve the right to remove any listing or product images you upload to the Second Love Marketplace if we reasonably believe they are misleading, fraudulent or otherwise do not conform with our product listing requirements, as updated and amended from time-to-time. We may also reject, cancel or terminate any order placed on the Second Love Marketplace, including accepted orders, for any reason, including to protect buyers where we reasonably believe a seller has posted inauthentic or fraudulent goods.
As the Second Love Marketplace merely facilitates the sale of goods between buyers and sellers, we do not represent or warrant that product descriptions, images or other content uploaded on the Second Love Marketplace is accurate, complete or error-free. Accordingly, you accept all risks associated with another user posting misleading or fraudulent information or failing to duly facilitate refunds and product returns. See the section below entitled “Acceptance of Risk and Disclaimers” for details.
Delisting Your Goods
As a seller, you may elect to remove your goods from the Second Love Marketplace at any time. Following the sale of your goods, you are responsible for removing your listing from the Second Love Marketplace. If you require assistance to delist your goods, please contact us at email@example.com.
Prices and Placing an Order
Sellers are permitted to revise pricing information any time prior to accepting and processing an order from a buyer. Accordingly, prices listed on the Second Love Marketplace by sellers shall be deemed to be an invitation to make an offer and place an order. When a buyer submits an order, the order is subject to the seller’s acceptance at the list price. Even in the event of the automated processing of an order, you agree that the seller will have the opportunity to review and accept it prior to shipment. This allows sellers to confirm their shoes are still available for sale. As a buyer, once your order is accepted, you agree to pay all fees and taxes specified in these Terms and in the corresponding product listing.
While listing goods for sale on the Second Love Marketplace is free, in the event an order is placed we charge a 18% fee on the sale price of each order. Our fees are deducted from payments we receive from the buyer prior to us releasing the balance of the purchase price to the seller.
You agree to pay all sales taxes applicable to this agreement or arising in any way from the purchase of products and our online service provided via the Second Love Marketplace, if any.
As a seller, you are responsible for declaring and paying income tax, if any, on income you earn as a result of selling your goods and using our Second Love Marketplace.
Payments from Buyers to Us
All payments for the purchase of goods on the Second Love Marketplace are paid to us. We use a third-party payment processor, PayPal Canada Co. and their related and affiliated entities (collectively “PayPal”), to process payments from you. Although we may host or embed their forms on the Second Love Marketplace, when you provide your payment details, you are providing them directly to PayPal. You consent to their collection and use of your personal information in doing so.
We will have access to view portions of your payment information and transaction details via PayPal, however, we do not collect or store your full credit card number. You acknowledge that PayPal may have their own terms and conditions and privacy practices that apply to you and your personal information. If you have any questions concerning our third-party payment providers, you can also contact us. Our contact information is below.
Payments from Us to Sellers
After deducting our fees and taxes in accordance with these Terms and subject to a refund being processed in favour of the buyer, we release the balance of purchase price, typically within seven (7) days, for a seller’s goods by Interac email transfer. The Interac email transfer is sent to the email associated with the seller’s account. If you prefer to receive your payment via cheque to the address registered on your account, you must email us at firstname.lastname@example.org prior to shipping your goods to the buyer. It is your responsibility to ensure the email address and mailing address in your account are accurate. You agree that we are not responsible for lost or stolen payments.
Shipping Fees and Process
A standard $12 shipping fee (“Shipping Fee”) applies for each order for a pair of shoes. The Shipping Fee will be added to each order, even if not specified in the product listing.
Both the buyer and the seller must specify a Canadian shipping address to be associated with their account. We may deny the use of a PO box and require someone to sign for deliveries. Shipping times will vary based on the shipper and the location of the buyer and seller. Notwithstanding any shipping dates or timelines provided on our website or by the shipper or the seller, we make no guarantees as to shipping times.
Once an order is placed, the seller will receive an email from us with a packaging label. The label will include a tracking code and shipping instructions. The tracking code is also emailed to the buyer. The packaging label will include the buyer’s name and shipping address associated with their account.
Transfer of Ownership and Risk
Title to and ownership of goods ordered from a seller passes from the seller to the buyer upon delivery being complete and the goods ordered are in the possession of the buyer.
Risk of damage or loss to the goods shall remain with the seller until the buyer has received the goods in the condition described in the seller’s product listing. As a seller, if you wish to insure your goods while in transit, you must arrange for insurance on your own.
If you are shipping goods to us, whether as part of a product refund dispute, or otherwise, you agree that we accept no liability or risk of loss or damage to the goods while they are in transit (either to or from us) or while they are in our possession or control. It shall be your responsibility to insure the goods in transit if you wish to protect against lost shipments or damages caused during the shipping process.
After goods have been shipped to a buyer, the buyer has a period of 72 hours (the “Hold Period”), from the time of delivery (as specified by the tracking code associated with the goods) or the end of the below referenced five (5) day period, to request a refund.
Refunds will only be granted if (i) the goods sold and delivered do not conform with the description and images provided by the seller on the Second Love Marketplace; (ii) we reasonably conclude that the goods are inauthentic or otherwise violate the terms of this agreement or our policies; or (iii) the seller fails to ship the goods within five (5) calendar days of the order being placed. Otherwise, all sales are final. Shipping costs are not refundable.
IMPORTANT REFUND DEADLINE: To raise a complaint and commence the refund process, you must email us within seventy-two (72) hours of your goods being received or within seventy-two (72) hours following the expiration of the above five (5) day period, at email@example.com. Your email must specify one or more of the above reasons in which you are requesting the refund.
We will make a determination as to whether a refund will be processed based on the information supplied by both the buyer and the seller by deadlines we may impose after the complaint is raised. Our refund determinations are final and you agree that pending our determination, we may either (i) refund the purchase price in full after the buyer has returned the goods, at their expense, via return shipping to either the seller, or in rare cases, to us, on our instructions, for examination; or (ii) deem the sale to have duly concluded and not process the refund.
You agree that so long as we have acted in good faith to make our determination, any dispute or claim you have arising from our refund determination shall be brought only against the other user, whether as buyer or seller, and not us. You further agree that once we release payment to the applicable seller, the transaction is complete and any claim you may have thereafter shall only be against the seller.
If we approve your refund claim, you must ship the goods back to the seller within five (5) calendar days. We will assist you with providing shipping information. However, return shipping fees are at your expense. We do not provide return shipping labels or arrange for return shipping. You must provide a tracking code from a major shipping company (Canada Post, FedEx or Purolator). Refunds will not be processed until we have received confirmation from the shipping company that the goods have been returned to the seller. Even in the event we permit a refund, where you fail to ship the products being returned in the time period specified, we reserve the right to refuse the refund thereafter.
IMPORTANT TIP FOR BUYERS: To facilitate returns and help us make a determination as to the eligibility for a return, take a photo or video of the condition of the goods immediately upon arrival.
IMPORTANT TIP FOR SELLERS: To protect against buyers making fraudulent claims as to the condition of your goods, take a photo or video of the condition of the goods at the time of shipment and include timestamp either in the image (for example, by placing an object in the image with the current date on it) or in the image’s metadata.
Payment Holds and Chargebacks
We reserve the right to withhold payment to a seller pending the resolution of any refund claim or complaint raised by a buyer.
You agree that as a seller, you shall be fully liable and responsible for any chargebacks processed by our payment processors, credit card providers, banks or other third party. In the event we provided you with your payout and a chargeback is subsequently processed, you agree to return the applicable payout funds to us. In no event will we be liable or responsible for any chargebacks processed in favour of a buyer or other third party.
If you purchase shoes which do not fit, or which you do not like, while we do not permit returns in such circumstances, if you wish to relist the same shoes within seventy-two (72) hours of their delivery to you, we offer a discounted service fee of five percent (5%) for you to list the shoes on the Second Love Marketplace to be sold to a new buyer.
ACCEPTABLE USE OF OUR WEBSITE AND THE SECOND LOVE MARKETPLACE
You agree to use our Second Love Marketplace in accordance with the following acceptable use and code of conduct guidelines. You agree that you:
- Will not upload, copy, distribute, share, or otherwise use content that is unlawful, obscene, defamatory, libelous, harmful, hateful, harassing, bullying, threatening, racially or ethnically offensive or abusive, that would violate another person’s rights (including their intellectual property rights), constitute or encourage a criminal offense, give rise to civil liability, or violate any local, state, provincial, national or international law or regulation, or that is otherwise inappropriate;
- Will not disclose personally identifiable information belonging to others unless authorized to do so;
- Will not disclose your password or transfer your account to any third party, or allow any third party to access your account;
- Will not register for more than one account on the Second Love Marketplace;
- Will not use the Second Love Marketplace in a way that has any unlawful or fraudulent purpose or effect; and
- Will not circumvent, disable, violate or otherwise interfere with any security related feature of the Second Love Marketplace.
ACCEPTANCE OF RISK AND DISCLAIMERS
Everything on our website, social media channels and the Second Love Marketplace (including all products available for purchase) are provided “as is” without warranty of any kind from us, including all implied warranties and conditions of merchantability and fitness for a particular purpose. We hereby disclaim all warranties and conditions of any kind, whether express, implied or statutory.
Without limiting the foregoing, we make no representations and grant no warranties as to the authenticity of any goods for sale on the Second Love Marketplace. When you purchase goods, you are purchasing them from another user of the Second Love Marketplace and relying on them to delivery authentic goods. If you have concerns about the authenticity of a seller’s goods, you are encouraged to take such measures you deem reasonable with the seller to confirm authenticity. For example, there are third-party service providers who assist with determining the authenticity of secondhand goods.
LIMITATION OF LIABILITY
YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE, OUR AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE, HOWSOEVER CAUSED, INCLUDING BY NEGLIGENCE OR OTHERWISE, FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES YOU SUFFER, REGARDLESS OF LEGAL THEORY AND WHETHER OR NOT WE HAVE BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER THOSE DAMAGES WERE FORESEEABLE OR NOT.
IF YOU ARE DISSATISFIED WITH OUR SECOND LOVE MARKETPLACE, OUR WEBSITE, SERVICES OR ANY PRODUCTS ORDERED FROM THE SECOND LOVE MARKETPLACE, OR YOU DO NOT AGREE WITH ANY PART OF THESE TERMS, OR YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST US, OUR AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS, SUPPLIERS OR LICENSORS, THEN YOUR REMEDIES ARE LIMITED TO (I) SEEKING A REFUND IN ACCORDANCE WITH THESE TERMS (IF YOU ARE A BUYER) OR SEEKING A REMEDY DIRECTLY FROM SUCH OTHER USERS YOU EITHER BUY OR SELL GOODS FROM; AND/OR (II) NO LONGER USING THE SECOND LOVE MARKETPLACE.
IN ADDITION TO YOUR AGREEMENT TO NOT HOLD THE ABOVE ENTITIES AND PERSONS LIABLE FOR ANY DAMAGES, IN THE EVENT A COURT OR ARBITRATOR OF COMPETENT JURISDICTION DECLINES TO UPHOLD SAID CLAUSE, YOU AGREE THAT IN NO CIRCUMSTANCES SHALL THE AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS RELATING TO OR IN ANY WAY ARISING FROM THE USE OF OUR SECOND LOVE MARKETPLACE, WEBSITE OR IN ANY WAY RELATED TO THESE TERMS, BE MORE THAN (I) THE AMOUNTS PAID BY YOU TO US (AS FEES) OVER THE PRECEDING THREE (3) MONTHS; OR (II) $25.00, WHICHEVER IS LESS.
YOU AGREE AND ACKNOWLEDGE THAT WE WOULD NOT ENTER INTO THIS AGREEMENT OR GRANT ACCESS TO THE SECOND LOVE MARKETPLACE WITHOUT THESE RESTRICTIONS AND LIMITATIONS ON OUR LIABILITY.
INDEMNIFICATION AND HOLD HARMLESS
Ownership of the Second Love Marketplace and Its Contents
The Second Love Marketplace contains open source and public domain content, licenced content as well as proprietary content owned by us and by third parties. You are not permitted to copy or distribute any content (including but not limited to text, software code, images, trademarks, videos and audio) on the Second Love Marketplace without the express consent of the owner. Without limiting the forgoing, you are not permitted to use any trademark or trade name of Second Love Shoes Inc., including our logo without our express permission.
The Second Love Marketplace may permit you and other users the ability to upload and post content, including for example, images and descriptions of your products (“User Content“). We do not pre-screen all User Content uploaded or posted by you or other users. You grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any of your User Content that you post or upload to the Second Love Marketplace.
In addition to our acceptable use policy above, you agree not to use the Second Love Marketplace in any manner which may infringe copyright or other intellectual property rights of any third party or in any manner which is unlawful, offensive, threatening, libelous, defamatory, obscene or in violation of these Terms.
We may, but have no obligation to, remove content and accounts that we determine in our sole discretion to be unlawful, damaging, or violate any third-party’s intellectual property rights, these Terms or any policy incorporated by reference herein.
Copyright and Trademark Notice
If you believe that your copyright or trademark rights have been infringed as a result of products or content on the Second Love Marketplace, please notify us at firstname.lastname@example.org. While we take no responsibility for any user who breaches your copyright or other intellectual property rights, we may, in our sole discretion and without liability, undertake to attempt to contact the infringer on your behalf and/or cancel the infringer’s account.
Whether or not we are affiliated with websites or third-party vendors that may be linked to the Second Love Marketplace, we are not responsible for their content (the “Linked Sites“). The Linked Sites are for your convenience only and you access them at your own risk. We and other users may provide links and references to material on other websites not owned or operated by us. Links found on the Second Love Marketplace are not an endorsement and we do not represent or warrant the accuracy or truth of the contents of information found on said websites. You access those links and corresponding sites at your own risk.
Law of the Contract (Governing Law) and Jurisdiction
These Terms, all documents incorporated by reference and your relationship with us, shall be governed by, construed and enforced in accordance with the laws of the Province of Ontario, Canada, (and any Canadian federal laws applicable therein) as it is applied to agreements entered into and to be performed entirely within such province.
You agree to irrevocably and unconditionally submit to the exclusive jurisdiction of the courts and tribunals of Ontario, Canada (including the Federal courts and tribunals as applicable therein) to settle any disputes arising out of or in any way related to these Terms, all documents incorporated by reference and your relationship with us.
If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
No Construction Against Drafter
If an ambiguity or question of intent arises with respect to any provision of these Terms, the Terms shall be construed as if drafted jointly by the parties and no presumption or burden of proof will arise favouring or disfavouring either party by virtue of authorship.
Waiver of Class Proceedings and Trial by Jury
To the extent permitted by law, you waive your right to participate in any class action lawsuits against us, our contractors, employees, shareholders, successors, assigns, officers and directors. To the extent permitted by law, you further waive any right to a trial by jury, should such a right exist, in relation to any legal dispute connected to or in any way arising out of these Terms.
Incorporation by Reference
You may terminate your account with us at any time. To do so, please contact us by email or follow the links in your account. We reserve the right to suspend your account or access to the Second Love Marketplace at any time, with or without cause, and with or without notice.
The cancellation, suspension or termination of access to the Second Love Marketplace, or your account, shall not terminate this agreement. Without limiting the foregoing, any provision of these Terms concerning the limitation of our liability, your indemnification obligations, settling disputes (including the jurisdiction and choice of law) shall remain binding.
Assignment of this Agreement
You agree that we may assign this agreement to any successor or assignee, whether pursuant to the purchase of our Second Love Marketplace, the transfer of control of Second Love Shoes Inc., or otherwise.
Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
AS OUR WEBSITE, SERVICES, THE SECOND LOVE MARKETPLACE AND THE TYPES OF PRODUCTS WE PERMIT TO BE SOLD CONTINUE TO CHANGE, WE MAY, AT ANY TIME, REVISE THESE TERMS AND OUR POLICIES BY UPDATING THIS PAGE OR THE PAGE HOSTING THE RELEVANT POLICY. THE DATE OF THE LAST VERSION OF THESE TERMS IS POSTED ABOVE. AS YOU ARE BOUND BY THESE TERMS AND THE POLICIES REFERENCED HEREIN EACH TIME YOU VISIT OUR WEBSITE, YOU ARE RESPONSIBLE FOR PERIODICALLY REVIEWING THE AMENDMENTS TO THESE TERMS AND OUR POLICIES AND YOU ARE DEEMED TO HAVE ACCEPTED AND AGREED TO SUCH AMENDMENTS BY ACCESSING AND USING THE WEBSITE AND SECOND LOVE MARKETPLACE AFTER SUCH AMENDMENTS HAVE BEEN POSTED. IF YOU DO NOT AGREE WITH THE AMENDMENTS, PLEASE TERMINATE YOUR ACCOUNT. WE MAY ALSO UNDERTAKE TO SEND YOU NOTICE OF ANY CHANGES TO THESE TERMS OR OUR POLICIES.
In the course of using your account with us or using the Second Love Marketplace, you may be required, or by your actions may be deemed, to consent to the terms of agreements provided by third-party service providers, including for example, payment processors, social media login account providers (Facebook, Twitter, etc.), credit card companies and banks. You agree that nothing in those agreements shall, in any way, alter these Terms or your obligations hereunder.
For inquiries, you can contact us:
By Phone: 1-800-700-3526
Monday-Friday 9am to 5pm
By Email: email@example.com
3-304 Stone Road West
Guelph, Ontario N1G 4W4
We do not operate a physical retail location and this address is not a walk-in location.