Termes & Conditions

Welcome to The Knuckle Market

Please read these Terms of Use carefully before using the website and services offered by The Knuckle Market. They set forth the legally binding Agreement for your use of the website at https://knuckle.market (the “website”) and all services provided by Knuckle Market.

General Terms & Conditions

By using the website in any manner, including but not limited to visiting or browsing the website, you (the "user" or "you") agree to be bound by these terms of use, which constitute an agreement between you and Knuckle Market, including those additional terms and conditions and policies referenced herein and/or available by hyperlink.

This agreement applies to all users of the website, including without limitation users who are vendors/sellers, customers/buyers, merchants, contributors of content, information and other materials or services on the website. If you do not accept and agree to be bound by these terms of use, you must not register yourself on the website and refrain from using the services offered by the Knuckle Market.

You agree that the fact that these terms of use are in electronic format does not affect in any way their validity or enforce ability. These terms of use help to ensure a safe and reliable marketplace for buyers and vendors. If you have any questions, please contact us.

We do not sell any item listed on the website directly, and as such we do not guarantee any item listed on the website or any transaction between a buyer and vendor. We do not process transfer of ownership on behalf of buyers or vendors, or warehouse, store, ship or deliver any item listed on the website. You will not hold us responsible for other users’ actions or inaction, listings or breaches and we are not obliged to participate in any dispute between you and other users of the website. We have no control over and do not guarantee the quality, safety or legality of items advertised, the truth or accuracy of users’ listings, the ability of vendors to sell items, the ability of buyers to pay for items, or that a buyer or vendor will actually complete a transaction or return an item.

Your use of the website

While using the website, you agree not to interfere with or attempt to interfere with the proper working of the website or any transaction being conducted on the website or to gain unauthorized access to any part of the website. We reserve the right to establish such limitations as we may deem appropriate, at our sole discretion, with respect to your usage of the website and such limitations may include but will not be limited to, limitations regarding the period of time that any listed content may remain on the website as well as the number of listed items and the file size of such listed items. You acknowledge that we do not monitor, verify or approve listings, and that you are solely responsible for evaluating and verifying the accuracy of any listing posted on the website. We reserve the right to revoke your usage of the website at any time without notice if we determine you to be in breach of any of these conditions:

• You must be older than 18 or under the supervision of a legal guardian to register on the Knuckle Market. You or your legal guardian is responsible for any activity that occurs under your username.
• You are responsible for keeping your account details and password secret and secure.
• You must not abuse or harass other members/vendors or send unwanted messages or emails.
• You must not impersonate any other person and/or entity.
• You are responsible for any data, text, information, screen names, graphics and photos that you submit on the website and, you shall be responsible for ensuring that any such data, text, information, screen names, graphics and photos do not contain any computer viruses or any software that is malicious or technologically harmful.
• You may not use the website for illegal or unauthorized purposes. By registering on the website you agree to comply with all local and international laws regarding online conduct and acceptable content.
• You shall not list contact details, including your website address, email address and phone number, within listings or messages posted on the Knuckle Market or in your member profile.
• You must not arrange a transaction outside of the Knuckle Market to process or otherwise seek to avoid sales commission.
• Your usage of the website must not contravene any of the laws, rules, regulation, social norms, customs or commercial practices or be deemed to be illegal and/or inappropriate.

Buying and Selling General conditions

The Knuckle Market website is a venue to enable members to buy and sell items. When an item is purchased on the website, the order is placed with the vendor of the product and not the Knuckle Market. The vendor makes the items available for sale, takes the order, collects the payment and arranges for delivery. Upon the sale of an item, the contract is formed between the member and the vendor directly.

The Knuckle Market is not responsible or liable for any misconduct of any of its members. All contact between you and other members and vendors, including any transactions or messages, is entirely at your own risk. We are not responsible for the ownership, content, quality or legality of items sold or listed on the website or for the accuracy of listings or ability of members to complete a transaction. The Knuckle Market reserves the right to remove content (including images, items and item descriptions) and accounts containing content that we consider to be unlawful, offensive, threatening, libellous, defamatory, obscene or otherwise objectionable or violates any party's intellectual property or any of the Knuckle Market’s terms.

We reserve the right to alter or terminate our services and to refuse service to anyone for any reason at any time. As your use of the website is conducted electronically, you agree that we may communicate with you electronically for all aspects of your use of this website, including sending you electronic notices. Images uploaded to the website may be used by the Knuckle Market for the purpose of promoting the website and in this respect you grant us the license to use images you upload on the website for our promotional material.

THE BUYER

Responsibilities of the buyer

• When clicking on the ‘Proceed to Checkout’ link, the buyer is entering into an agreement with the vendor to purchase that item. You must complete the transaction in the manner specified. By purchasing an item you state that you have the legal right to enter into and complete the transaction.
• When a successful purchase has been made the buyer is responsible for making relevant communications with the vendor in order to complete the transaction.
• The buyer is responsible for ensuring their shipping address is specified correctly when making a purchase on the Knuckle Market.
• The buyer must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from the website.

The importation or exportation of certain goods to a buyer may be prohibited by certain laws. The Knuckle Market makes no representation and accepts no liability in respect of the export or import of goods listed on the website.

THE VENDOR

The following rules apply to vendors for listing items for sale on the Knuckle Market:

• We reserve the right to approve or disallow any member from selling their products on the website at any time, at our sole discretion and without having to provide any reason.
• The Knuckle Market reserves the right to remove any item that is deemed to be unsuitable for sale on the Knuckle Market website. The decision to remove any item is final.
• Any member who repeatedly lists items that are not suitable for sale on the Knuckle Market will have their membership revoked.
• Selling items on the website is only available to approved users.
• You must not list anything that is illegal, offensive (including anything of a defamatory, pornographic, or racially or ethnically objectionable nature), stolen or unsafe. Further, you must not list anything which infringes copyright or other intellectual property rights or any item of which the sale is prohibited by or violates any law. In the event that you are aware of any content that infringes the intellectual property rights of a third party or that is listed in contravention of these terms of use, please contact us.
• You agree that we shall have the right to remove, without the need for any warning or notice, at our sole discretion, any items that infringe of any party’s intellectual property rights, are deemed inappropriate or illegal.
• The vendor must be legally entitled to sell the item listed for sale on the Knuckle Market. You must hold the intellectual property rights for any text and images you include in your listings.
• The item must be in your possession. Listings must be withdrawn if the item is no longer available.


Responsibilities of the vendor

• The vendor must ensure that the item listed for sale is not in breach of the rules listed in theses terms of use.
• The vendor must ensure that the item listed for sale is available for purchase by a buyer.
• The vendor must ensure that the item is described accurately and completely. All relevant information about the terms of sale, shipping methods and shipping costs must be provided. All items must be listed in an appropriate category.
• When an item is sold the vendor is to ensure that reasonable communication is made with the buyer in order to complete the transaction.
• The vendor is responsible for appropriately packing and shipping the item to the buyer to ensure that it is received promptly and in good order.
• The vendor is responsible for shipping the item to the buyer within a reasonable time frame. The Knuckle Market recommends shipping within 5 working days of confirmation of a sale.
• Any vendor who is determined to have received payment for an item but fails to deliver it will be banned from the Knuckle Market until the transaction is processed successfully or refunded.
• Goods that are delivered damaged, should either be replaced or refunded - please liaise with the buyer using our message system for a suitable resolution.
• You must not direct shoppers to another online selling venue to purchase the same items as listed in your Knuckle Market shop.
• All listings must be in English or French and must state prices in Canadian Dollars (CAN).
• All vendors must clearly state their customs, tax/vat/gst policy in their policy section of their profile.

Fees & Accounts

Terms and conditions relating specifically to the Knuckle Market fees and accounts are as follows:

• You are responsible for ensuring you are familiar with the Knuckle Market’s fees before listing an item for sale.

• Product listing fees = 0.00 $
• Shop opening fees = 0.00 $

• Monthly fees = 0.00 $ or 10.00$

• Transaction fees = 2.9% +0.30$ (Charged by the payment gateway ex: Paypal)

• A commission fee, between 1% and 5% depending on the Plan, is charged to the vendor by the Knuckle Market, when a successful sale is made. This commission is only due on the selling price and does not include delivery or taxes. If a customer is refunded, the commission fee will also be refunded back to the vendor.
• On approval of becoming a vendor you will be emailed details of the log in procedure.
• Knuckle Market reserves the right to alter any of our fees at any time. You will be given one month’s notice of any changes to the fees by email.
The monthly fees, if applicable, will be billed at the end of each month. You have up to 30 days to pay your bill.
• On your termination, or if your membership is terminated for breach of the Knuckle Market’s Terms of Use, your account balance must be settled immediately. The Knuckle Market reserves the right to take action against you to recover outstanding debts. You are liable for any expenses incurred by the Knuckle Market in the collection of this debt.

Alteration of terms

The Knuckle Market reserves the right to update, supplement and/or amend these terms of use at any time without the need to provide prior notice. Amended terms of use posted on the website will be effective immediately. You are responsible for ensuring that you are familiar with the latest terms of use. Continuing to use the website represents your acceptance of the terms of use as amended.

Intellectual Property

We reserve all our intellectual property rights with respect to the website and the services. This website contains registered and other intellectual property rights belonging to the Knuckle Market, Knuckle and S&F Corp and you shall not reverse engineer or otherwise attempt to discover any source code contained in the website or any software or database connected to the website Except with our prior written approval, we do not authorize the grant of any license or right to use any of our intellectual property rights. You may view the website and electronically copy or print hard copies or parts of the website for your personal, non-commercial use only. You may not distribute, reproduce, sell, lease, rent, sub license, encumber, display, publish or otherwise commercialize any aspect of the website or its content.

Linked websites

This website may contain links to third party websites for your convenience only and do not indicate an endorsement by the Knuckle Market of those sites or the products/services offered on those sites. You acknowledge that we have no control over any aspect of those third party websites, that we take no responsibility for the content or use of those sites and, that you enter linked websites at your own risk.

Disclaimer

We are providing the website on an ‘as is’ basis and make no representations or warranties of any kind with respect to the website or its contents and we disclaim all such representations and warranties. We are not responsible to you or anybody else for any loss incurred in relation to your use of this website. Your use of this site website is at your own risk. We make no express or implied representations or warranties of any kind as to the operation of the website, its contents or any information, goods or services offered on the website, except to the extent that such obligation cannot be excluded at law. In addition, we make no representations or warranties about the accuracy, completeness, or suitability for any purpose of the information and related graphics published in the website.

The information contained in the website may contain technical inaccuracies or typographical errors. All liability of the Knuckle Market howsoever arising for any such inaccuracies or errors is expressly excluded to the fullest extent permitted by law. We do not warrant that your use of the website will be uninterrupted or free from defects and viruses or that the information provided will be current. We are not liable to you or anyone else if your computer system is in any way damaged or affected by your use of this website. Limitation of Liability To the maximum extent permitted by law, we hereby expressly disclaim and exclude liability for any damage whatsoever including, without limitation, direct, indirect, special, punitive, incidental or consequential loss or damage incurred by you or any user in connection with the website or in connection with the use, inability to use, or results of the use of the website, any websites linked to it and any information or listing posted on the website, including, without limitation any liability for loss of income or revenue, loss of business, opportunity loss, loss of profits or contracts, loss of anticipated savings, loss of data, loss of goodwill, wasted management or office time and for any other loss or damage of any kind whether or not foreseeable, howsoever arising whether or not caused by a negligent act or omission. In particular, we shall not be liable or responsible in any way for any damages, loss, cost or consequence resulting to you or a third party from the use or the inability to use the website, services or goods acquired through the website or any viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the website or to your downloading of any material posted on the website, or on any website linked to it.

Indemnity

You agree to indemnify and hold harmless Knuckle Market, its affiliates, shareholders, officers, directors, employees, agents and sub-contractors from any claims, actions, demands, damages, losses, costs and/or consequences of any nature whatsoever including legal fees incurred on account of alleging or resulting from your use or misuse of the website, your breach of these terms of use, your violation of any third party’s intellectual property rights, or any disputes you may have with any other user of the website.

Returns and refunds

You will become the owner of the goods you have ordered when they have been delivered to you. Once goods have been delivered to you they will be held at your own risk and neither vendors nor the Knuckle Market shall be liable for their loss or destruction. In the unlikely event that you have purchased an item which is faulty or different to how it was described or shown, or you otherwise have a right to return it under any applicable law, it may be returned. Note that the vendor shall not be obliged to take any action unless you notify the vendor in writing, via the Knuckle Market message service, of the problem within three (3) days of the delivery of the goods in question. The vendor will offer a replacement or exchange the item. Alternatively a refund or store credit for the net value of the item will be issued by the vendor. The item must be returned to the vendor with all labels attached and wrapped in the original packaging within ten (10) days of receipt. Any items accepted for return must not be used or reduced in value on your part. If you change your mind, a return or refund will not be offered. Please remember that because of their handmade nature, some items may vary slightly from the images shown on the website. Although these general terms govern the operation of the Knuckle Market, each vendor may have their own specific shop policies regarding returns and refunds, customized to suit the types of items they sell. Before making a purchase, please check the vendors’ shop policies so you can make an informed purchase.

In the unlikely circumstance that a product you have purchased is not available or out of stock, a refund or shop credit to the same value will be offered to you.

Warranties and liability

All express or implied warranties, representations, statements, terms and conditions relating to these terms of use or this website that are not contained in these terms of use, are excluded to the maximum extent permitted by law. In particular, and without limiting the above paragraph, while we endeavor to provide a convenient and functional website, we do not guarantee that your requirements will be met or that your use of this website will be uninterrupted, error free or that this website or the server from which it operates them are free of viruses or other harmful components. We cannot be responsible for any loss, corruption or interception of data sent to or from our website which occurs outside of our computer systems (such as those which occur while being sent over the internet). We recommend that you install and use up to date antivirus and firewall software on your computer. You hereby warrant and confirm that you have the capacity and ability to agree to these terms of use and to carry out your obligations as set out in these terms of use. You warrant that any material you upload onto the website shall not infringe the intellectual property rights of any third party. You warrant, confirm and undertake that you will comply with all applicable laws, which you shall have the sole responsibility of familiarizing yourself with.

Feedback & messages

Feedback and messages must not contain contact details of any kind, including web addresses, email addresses and phone numbers, and must relate to a specific purchase or sale. Feedback and message facilities on the Knuckle Market must not be used to promote any commercial or business activity. You must not use the message facilities to arrange a transaction outside the website or otherwise seek to avoid sales commission to the Knuckle Market. Feedback and messages posted on the Knuckle Market must not contain offensive, defamatory or inappropriate language. The Knuckle Market is not responsible for any of the opinions expressed in messages or feedback posted on the website and members have full legal responsibility and liability for their comments. The Knuckle Market reserves the right to monitor messages posted on the website by any member.

Governing Law & Dispute Resolution

These terms of use are governed by the laws of Canada. In the event of any dispute between you and us, we shall first attempt to resolve it amicably and in good faith. In the event that it is not possible to resolve any such dispute, then we agree that either one of us may refer any dispute arising out of or in connection with these terms of use, including any question regarding its existence, validity or termination, to be finally settled by binding arbitration by one (1) arbitrator in accordance with the rules of the International Arbitration of the Canadian Commercial Arbitration Center (CCAC). The seat of arbitration shall be in the Montreal, Can and the arbitration shall be conducted in the French language and the arbitration award shall be final and binding on the parties. Events beyond our control We shall have no liability to you for any failure, breach or any delay of any nature whatsoever that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of information communication technology systems or network access, flood, fire, explosion or accident.

Terminology In these terms of use

The following expressions have the meanings set out alongside:

'account' means an online account Knuckle Market maintained by a member

'buyer' refers to any person purchasing an item listed on the website

'intellectual property rights' means any and all trademarks, rights in designs, trade, business or domain names, copyrights, future copyrights, patents, rights in databases (whether registered or not and any applications to register or rights to apply for registration of any of the foregoing) rights in inventions, know how, trade secrets and other confidential information and all other intellectual property rights of a similar or corresponding nature that may now or in the future subsist in any part of the world, belonging to the Knuckle Market;

'item', 'product' means goods that may be bought or sold through the Knuckle Market

'listing' means the registration and recording of an item on the website

'member' means a registered member/seller/buyer/user of the Knuckle Market

'seller' or 'vendor' refers to any person placing an item for sale on the website

'services' means any one or more of the services offered by the Knuckle Market, including but not limited to the sale or purchase of items and, communication facilities

'we', 'us', 'Knuckle Market' and 'our' refers to the Knuckle Market

'website' means the Knuckle Market website: https://knuckle.market

'you' 'user' and 'your' refers to you