Welcome to ABELHA. We would like to introduce you to our House Rules.
Accepting these Terms
The Terms are a legally binding contract between you and ABELHA.
This contract sets out your rights and responsibilities when you use the services provided by ABELHA (we’ll refer to our website, mobile apps and other services as our “Services”), so please read it carefully. By using any of our Services (even just browsing our website), you’re agreeing to the Terms.
Community is at the heart of ABELHA. Members use our community to inspire each other, share knowledge, and build relationships.
Members must be over 18 years old. In addition, to make sure that ABELHA continues to be a place that’s safe and respectful, you agree to comply with the following policies in allcommunity spaces:
- Respect other members’ privacy.
- Be honest and transparent about who you are. Any use of fake identity is not permitted.
- Be respectful towards other members. Don't use community spaces to publicly disparage a specific member, shop, or item.
- Don't use community tools or features to interfere with another member’s business.
- Don't use community spaces to harass other members. Similarly, don't post content in community spaces that displays hatred.
- Don't publish or post threats of violence against others or promote or encourage others to engage in violence or illegal activity.
- Don't spam.
- Abusive, threatening, defamatory or harassing;
- Obscene or vulgar;
- In violation of someone else’s privacy or intellectual property rights; or
- False, deceptive or misleading;
- Infringe or violate any Canadian and/or Provincial laws
- Infringe or violate any person's rights under Canada’s Charter of Rights and Freedoms
- Export of Data
By using ABELHA.ca, you authorize ABELHA to use your information in the country where ABELHA operates. Please be aware that the privacy laws and standards in certain countries, including the rights of authorities to access your personal information, may differ from those applying in the country in which you reside. We will only transfer personal data to these countries where permitted to do so by law and we will take steps to ensure that your personal information is covered by appropriate protections.
- Information Collected or Received
To use our platform, you will need to provide us with a valid email address and you may be able to choose a username. Depending on the services you choose, we may collect additional information, for example: information in private channels like the ‘Register’ form, billing or payment information, a telephone number, and a physical address. Please note that for security and performance reasons, such content may need to be accessed by certain ABELHA personnel from time to time.
Your username is publicly displayed and connected to your ABELHA activity. Other people may see the date you joined; ratings, reviews and related photos for items you purchased or sold; your profile information; items you listed for sale; your shop pages and policies; your favorites, followers and those you follow; sold item listings and the number of items sold; and comments you post in our community spaces. You may optionally choose to provide and publicly display your full name and other personal information (such as birthday, gender and location).
You may connect to ABELHA with an external application, in which case ABELHA may receive information from that other service.
- Uses and Sharing
We use the information that we gather from users in a few ways. For example, if you purchase an item, we’ll share your shipping information with the seller; we could use your forum suggestions to improve our services; we use data analytics and work with certain third-party service providers for targeted online and offline marketing; and of course, we use your email address to communicate with you. We also partner with service providers and other third parties that collect, use, promote, and analyze information about ABELHA members and visitors.
ABELHA reserves the right to remove any store at any time.
Members refer to sellers who open a store on the ABELHA website to sell or promote their own business of offering a product or service. The objective is to keep it simple with respect to the fee structure. These fees are in the most part to cover website maintenance costs and social media.
Members are classified within one of the following:
- Product based business: There is no limit to the number of items that can be listed and there are no listing fees. There is a 10.00% fee on the transacted sales total amount.
- Service based business: There is a 10.00% fee on the transacted sales total amount.
Seller Protection Policy
ABELHA Seller Protection can offer extra peace of mind to eligible sellers. ABELHA will work with you to resolve any issues that come up with your ABELHA store. This Seller Protection Policy explains the steps you must take to be eligible for Seller Protection and the types of items and transactions that may be covered.
1. Seller Eligibility Requirements
2. Order Eligibility Requirements
3. Items and Transactions Not Eligible
4. Seller Protection Benefits
1. Seller Eligibility Requirements
Eligible sellers are automatically enrolled in Seller Protection, there is no application process. Here's what you need to do to make sure your store is covered:
- Keep your store in good standing (that means you're not violating any of ABELHA policies)
- Register a Paypal account
- Fill out all your store policies (it's especially important to have policies for returns, exchanges, shipping and custom orders). This should go without saying, but your Store Policies must comply with ABELHA’s policies, as well as local laws
- Use accurate photographs and descriptions when you list items. All photos must be representative to the item shipped or service rendered
- Include reasonable and accurate processing times and ship-by dates, as we recommend 1-5 days for items to be shipped
2. Order Eligibility Requirements
Follow these steps to make sure your orders are covered by ABELHA’s Seller Protection:
- Ship your order per the processing time or ship-by date you listed
- Ship the order to the address listed by the buyer
- Provide valid proof of shipping and delivery. Valid proof can include a shipping or tracking number that shows the order route and delivery progress
3. Items and Transactions Not Eligible
While most items and transactions qualify for Seller Protection, there are a few exceptions:
- Items sold in person via communication on ABELHA
- Subscriptions or other transactions in which the buyer submits a single payment for recurring deliveries (like item-of-the-month clubs)
- Transactions processed outside of the Paypal system
4. Seller Protection Benefits
If your store and the order in question satisfy the eligibility requirements, ABELHA will try to help you resolve Non-Deliverycases and Not as Describedcases. We may have to request additional information from you. For Non-Delivery or Not as Described cases, we'll need you to respond to our enquiries within 7 calendar days. If you don't give us the necessary information in time, we may not be able to help resolve the dispute.
Fees and Payments Policy
Sellers may be charged for using some of ABELHA’s services. This Fees & Payments Policy explains your fees and bills and how to pay them.
1. Types of Fees
2. Fee Avoidance
1. Types of Fees
Sellers will be required to pay the following types of fees:
When you make a product sale through ABELHA, you will be charged a fee of 10.00% of your sales. These fees will be deducted immediately on the sale.
Please refer to the ‘Members Policy’.
Shipping fees are to be outlined and respected on your store.
All fees that appear on your ABELHA bill are in CAD Dollars. If you list items in a currency other than CAD Dollars, your item price will be converted to CAD Dollars solely for purposes of calculating the transaction fee.
2. Fee Avoidance
Any action by a seller to avoid paying a fee is considered fee avoidance and is strictly prohibited by ABELHA.
Sellers are responsible for shipping their sold items to buyers. If you're using a shipping or fulfillment service, please keep in mind that you are ultimately responsible for making sure that your buyers receive the item(s) they purchased from your store.
By selling on ABELHA, you agree to:
- Provide an accurate "ships from" location.
- Specify your shipping costs and processing times in your listings.
- Ship items promptly after they are sold. Prompt shipping means that you ship each item within 1-5 days of purchase, unless you specify otherwise in your processing time or agree to a different shipping period with the buyer in writing.
- Comply with all local and international shipping and customs regulations. We know that shipping and customs regulations can be tough, Canada Post can help with this.
- Shipping to the wrong address is likely to result in a non-deliverycase, so make sure to ship to the address listed on the ABELHA receipt.
- Mark the order as shipped when you ship it. Remember that you may only mark an order as shipped after you actually have shipped it. When you mark an order as shipped, the buyer will receive an ABELHA Shipping Notification.
- Charge an appropriate amount for shipping. Sellers can use calculated shipping to have shipping costs calculated automatically.
- In the unlikely event an order does not arrive, be prepared to provide valid proof of shipping. Valid proof of shipping must show that the item was shipped and that it was sent to the address provided by the buyer. If a buyer does not receive their order, they may reach out to ABELHA for assistance.
ABELHA is a marketplace where you can purchase quality and unique goods and services directly from sellers. Whether you are looking for handmade baby goods or some home decor, we want you to have a positive experience shopping on ABELHA. Please read on to find out more about your rights, as well as what is expected of you, as a buyer.
ABELHA’s Limitations as a Venue
ABELHA provides a venue for buyers to find, learn about, and enter transactions with sellers within their own community or across the globe. It is important to note, however, that ABELHA is not a part of that transaction. By shopping on ABELHA, you understand that:
- You are not buying directly from ABELHA, but from one of the many talented sellers on ABELHA;
- ABELHA will do their best to validate sellers, although does not pre-screen every seller and therefore does not guarantee or endorse any items sold on ABELHA or any content posted by sellers (such as photographs or language used in listings or shop policies); and
- Each seller on ABELHA accepts and agrees to ABELHA shop policies.
As a member of the community, you have the opportunity to flag an item or a shop that violates any of ABELHA policies. Flagging is confidential.
Purchasing an Item on ABELHA
When you buy from a shop on ABELHA, you’re directly supporting an independent business, each with its unique listings, processing times and payment systems. By making a purchase from a seller on ABELHA, you agree that you:
- Have read the item description and shop policies before making a purchase;
- Have submitted appropriate payment for item(s) purchased; and
- Have provided accurate shipping information to the seller.
Reporting a Problem with an Order or Returning an Item
ABELHA’s Case System
Although ABELHA is not directly involved in a transaction between a buyer and a seller, we provide a case system in the unlikely event your purchase from a seller does not go as expected. You can use ABELHA’s case system to come to a resolution with the seller in the event of a non-delivery, or if an item you receive is not as described in the listing. You can file a case under the following circumstances:
A Non-Delivery occurs when a buyer places an order and submits payment, but the seller does not ship the item or does not ship the item to the correct address. The following are examples of Non-Delivery cases:
- An item was never sent.
- An item was sent to an address that is not on the ABELHA receipt.
- There is no proof that the item was shipped to the buyer’s address.
An item is Not as Described if it is materially different from the seller’s listing description or photos. Here are a few examples of Not as Described cases:
- The item received is a different color, model, version or size.
- The item has a different design or material.
- The item was advertised as authentic but is not authentic.
- The seller failed to disclose the fact that an item is damaged or is missing parts.
- A buyer purchased three items but only received two.
- The condition of the item is misrepresented. For example, the description at the time of purchase said the item was “new” and the item is used.
Not as Described cases can also be filed for late delivery. In order to qualify as late delivery, the buyer must provide proof that all of these conditions have been met:
- The item(s) were ordered for a specific date or event.
- A deadline was agreed upon by the buyer and seller.
- The item(s) are rendered useless after that date.
The following are not eligible for ABELHA’s case system:
- Items that have been purchased in person
- Intangible items, services, or prohibited items
- Transactions where payment is not made through ABELHA’s payment platform
- Items that are returned without a return agreement
- Items that have been altered, used, worn or washed after receiving them
- Physical or tangible items that are not available for return because they have been destroyed or discarded by the buyer
- Items that are received after the agreed-upon delivery date due to shipping delays
- Cancelled transactions that have already resulted in a refund
Requesting a Cancellation
Only sellers may cancel transactions. Buyers may request that a seller cancel an order via communication with ABELHA.
Returning an Item
Each seller has his or her own return policies, which should be outlined in their Store Policies.
ABELHA WEBSITE TERMS & CONDITIONS
These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.
You must be at least 18 years of age to use this website. By using this website and by agreeing to these terms and conditions you warrant and represent that you are at least 18 years of age.
Unless otherwise stated, ABELHA and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages from the website for purposes of promoting your business’s goods and services, subject to the restrictions set out below and elsewhere in these terms and conditions.
You must not:
- republish material from this website (including republication on another website);
- sell, rent or sub-license material from the website;
- show any material from the website in public;
- reproduce, duplicate, copy or otherwise exploit material on this website for a competing purpose;
You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or about any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without ABELHA’s express written consent.
You must not use this website to transmit or send unsolicited commercial communications.
Access to certain areas of this website is restricted. ABELHA reserves the right to restrict access to [other] areas of this website, or indeed this entire website, at ABELHA'S discretion.
ABELHA will provide you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.
ABELHA may disable your user ID and password in ABELHA’s sole discretion without notice or explanation.]
In these terms and conditions, “your Community content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for purposes of promoting your business.
You grant to ABELHA a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to ABELHA the right to sub-license these rights, and the right to bring an action for infringement of these rights.
Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not give rise to legal action whether against you or ABELHA or a third party (in each case under any applicable law).
You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
ABELHA reserves the right to edit or remove any material submitted to this website, or stored on ABELHA’s servers, or hosted or published upon this website.
This website is provided “as is” without any representations or warranties, express or implied. ABELHA makes no representations or warranties in relation to this website or the information and materials provided on this website.
Without prejudice to the generality of the foregoing paragraph, ABELHA does not warrant that:
- this website will be constantly available, or available at all; or
- the information on this website is complete, true, accurate or non-misleading.
Nothing on this website constitutes, or is meant to constitute, advice of any kind.
Limitations of liability
ABELHA will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:
- for any direct loss;
- for any indirect, special or consequential loss; or
- for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if ABELHA has been expressly advised of the potential loss.
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.
If you do not think they are reasonable, you must not use this website.
You accept that, as a limited liability entity, ABELHA has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against ABELHA’s officers or employees in respect of any losses you suffer in connection with the website.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect ABELHA’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as ABELHA.
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
You hereby indemnify ABELHA and undertake to keep ABELHA indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by ABELHA to a third party in settlement of a claim or dispute on the advice of ABELHA’s legal advisers) incurred or suffered by ABELHA arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.
Breaches of these terms and conditions
Without prejudice to ABELHA’s other rights under these terms and conditions, if you breach these terms and conditions in any way, ABELHA may take such action as ABELHA deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
ABELHA may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.
ABELHA may transfer, sub-contract or otherwise deal with ABELHA’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
Law and jurisdiction
These terms and conditions will be governed by and construed in accordance with laws of Canada and its provincial jurisdictions, and any disputes relating to these terms and conditions will be subject to the [non-]exclusive jurisdiction of the courts of Quebec.