General terms and conditions
Welcome to the trading platform www.moovinv.com. This website is offered to you subject to the respect of each and every of the terms and conditions set forth below. By accessing or using this website you agree to be bound by these terms and conditions. If you do not agree to be bound by our terms and conditions, please don’t access or use the functions of our website.
- Corporation and legal notices
The website www.moovinv.com and its content are the exclusive property of:9359-5544 Québec inc.
166 Rue Cowie, Bureau 101
Granby (Québec) J2G 3V3
email : [email protected]
The following terms are defined as follows:
- The term «business hours» means 9 :00 a.m. to 5 :00 p.m. from Monday to Friday, excluding holidays as these are defined in the Interpretation Act, CQLR c I-16;
- The term «Buyer» refers to the person that accepts the offer of a Seller on the Website;
- The term «Carrier» refers to Trinet Transportation inc., its related companies, its agents and mandataries;
- The term «Corporation» refers to 9359-5544 Québec inc.;
- The term «Seller» refers to the user that has been authorized to use the sales function of the Website and that posts goods for sale;
- The term «services» refers to the full range of services offered by the Corporation via the Website and its applications as further described hereinafter;
- The terms «terms and conditions» refer to the general terms et conditions provided for hereinafter;
- The term «Website» refers to the website www.moovinv.com and its content operated by the Corporation;
- The terms «you» or «user» generally refers to the Sellers and the Buyers and all other people that access the Website and use the services;
- Applicable law and jurisdiction
- Entire agreement
- Modification of the terms and conditions
These terms and conditions shall be governed and construed in accordance with the laws of the Province of Quebec and the laws of Canada applicable therein.
Each provision of the terms and conditions is distinct and separate from the other, therefore any decision by a court under which any of the provisions is declared null, invalid or unenforceable shall in no way affect the validity or enforceability of the other provisions which shall remain in full force and effect.
The Corporation and the users irrevocably attorn to the jurisdiction of the courts of the Province of Quebec, sitting in the judiciary district of Saint-François, for any dispute relating to it.
The terms and conditions herein constitute the entire agreement between you and the Corporation and supersede all other documents that have not received written consent from an authorized representative of the Corporation. All addition or modification, by you, of the terms and conditions, on any kind of document, contrary or not to the present terms and conditions, shall be deemed not to have been written, except if expressly ratified by a written document signed by a representative of the Corporation.
You agree that the Corporation may modify the terms and conditions at its sole discretion and without prior notice, including by assigning or delegating to a third party all or part of its rights and obligations set forth herein. The terms and conditions that apply are those that are in effect at the time and date that you use the Website and the services. You agree to regularly consult the terms and conditions when you visit the Website to remain informed of any modification to their content. By continuing to use the Website following the modification of the terms and conditions, you give tacit confirmation of your intent to accept and be bound by the modified terms and conditions.
- Access to the services
- User account
- Sales function
The Corporation offers to its users a trading platform adapted to the needs of the aerospace industry for the resale of excess inventory.
The Corporation requires every Seller to provide the Buyers with certification proves recognized by the aerospace industry for the purchased goods. The Corporation ensures the traceability and history of each and every transaction made via the Website for a period of twenty (20) years following the sale.
The identity of the Buyer remains confidential throughout the entire transactional process. The identity of the Seller is only revealed when the goods are delivered to the Buyer with the documentation relating to the certification of the goods.
For the benefit of the users and to preserve the anonymity of the parties, the Corporation takes, on behalf of the Buyer, the necessary arrangements with the Carrier to take delivery of the goods sold via the Website and to transport them to the Buyer’s place of business.
If necessary, the Buyer has two (2) business days as of the delivery by the Carrier to validate the certification provided by the Seller.
The Corporation is not the owner of any goods in inventory, does not own or operate warehouses, does not own or operate any transportation business and does not handle the goods posted on the Website.
If needed, the Corporation may facilitate the resolution of disputes between the Seller and the Buyer.
The user may access the services via the Website or via other applications that could eventually be put in place by the Corporation.
To access the services and to ensure its efficient functioning, the user must create a user account. It is necessary to provide us certain information in order to create a user profile on our Website and thereafter trade via the Website. By using the services, you agree to the collection, transfer, storage and to the use of your data in accordance with our Private policy . There is no fee for opening a user account.
You must be at least 18 years old and be able to enter into legally binding contracts to access and use the services or register a user account. By accessing or using the Website, you represent and warrant that you are 18 or older and have the legal capacity and authority to enter into a contract.
If you create or use an account on behalf of a commercial entity, you declare that you have the authorization to act on its behalf and to bind such commercial entity to the present terms and conditions. The account shall remain the property of the commercial entity, and remain under its control, at all time. The user is solely responsible to provide all required information for the opening of a user account and to ensure that the information is accurate and up to date.
You assume the entire responsibility of all usage, including abuse of usage, of your user name and of your password and of all activities relating to the usage of your user name and your password. For security reasons, your are required to ensure the confidential nature of your user name and of your password and not to communicate them to anyone, neither should you allow anyone else to use them. The Corporation recommends choosing a password only known by you and that can’t be easily guessed by other people. You should regularly modify your password and always disconnect at the end of each session.
Users alone are responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to their listings and to the material sold via our Website.
If you believe that the security of your user account has been compromised or any misuse of your account occurs, please contact us immediately.
To gain access to the sales function, the user must request it from the Corporation. The addition of the sales function to any user account is at the sole discretion of the Corporation.
The user that wishes to become a Seller must possess a recognized aerospace certification.
When a user requests the sales function, the Corporation will require necessary proofs to validate the user’s eligility and consult the Online Aerospace Supplier Information System (OASIS).
The Corporation performd periodic verifications to ensure that the Sellers maintain their certification.
By accessing the Website and by using the services, the Buyer shall:
- Read in its entirety the text of the sales listing, including all of the instructions given by the Seller, before committing to buy;
- Pay to the Corporation the sales price, the service fees, the Carrier’s fees and the applicable taxes;
- In the case of a Mill run surplus reservation, make a deposit of 25% of the global bill at the moment of the reservation;
- Provide a secure access to the delivery point, during business hours, by removing all obstructions, such as the other goods in inventory, the pallets, machining equipment or material that could compromise, hinder or delay the services provided by the Carrier;
- Validate, within two (2) business days following the reception of goods, the quantity, quality, and conformity of the goods received, in accordance with the generally accepted standards and norms within the industry;
By accessing the Website and by using the services, the Seller shall:
- Validate the quality, availability and the technical specifications of the goods to be sold before posting this material on the Website or before giving instructions to the Corporation to post the material on the Website;
- In the case of a Mill run surplus offer, make available and provide to the Buyer the goods at the date specified in the listing;
- Issue an invoice to the Corporation for the payment of the goods before their pick-up by the Carrier;
- Make available to the Carrier, according to the terms of the Seller’s listing, the purchased goods, dully packaged in accordance with the industry norms and standards including the appropriate certification documentation such as the material certificate;
- Provide a secure access to the pick-up location, during business hours, by removing all obstructions, such as other goods in inventory, pallets, machining equipment or material that could compromise, hinder or delay the services provided by the Carrier;
- Maintain its aerospace certification;
- Inform the Corporation, as soon as possible, of any changes which could result in the Seller losing his eligibility as a Seller, such as informing the Corporation of the expiry date of his certification.
Furthermore, you agree not to:
- Manipulate the price of a good or interfere with the listings of other users;
- Attempt to circumvent or manipulate the service fees structure or the billing structure;
- Access or use the Website or the services for illicit purposes or in order to cause prejudice to the Corporation or to another user;
- Use devices or software other than those provided by the Corporation in order to affect or attempt to affect the well functioning of the Website;
- Attempt, directly or indirectly, to copy, reverse engineer, or any other similar process in order to discover or to reproduce the various components of the Website, such as the source codes and algorithms;
- Post false, inaccurate, misleading, deceptive, defamatory, or libelous content.
The payment by the Buyer is made to the Corporation through the payment service provider of the Website at the time of the transaction.
The Corporation issues a detailed invoice to the Buyer, including the sales price, the service fees, the Carrier’s fees and the applicable taxes. Upon receipt of the invoice from the Corporation, the Buyer pays the total amount on the invoice without delay.
The payment to the Seller is made by wire transfer from the Corporation’s bank (Royal Bank of Canada).
The Seller shall issue a detailed invoice to the Corporation mentioning the sales price and the applicable taxes. The Corporation undertakes to pay the bill upon the Carrier taking possession of the goods.
The sales made via the Website are final sales.
- Resolution for certification defect
- Cancellation of a Mill Run reservation
In case of contestation by the Buyer of the goods’ certification within the two (2) business days delay following their reception, the sale can be resolved, by written notice to the Corporation.
In the event of a resolution by the Buyer, each of the Corporation, the Seller and the Buyer shall restore to the other parties the prestations he has already received.
Cancellation of a Mill Run reservation will make the Buyer lose his 25% deposit which will be entirely remitted to the Seller by the Corporation.
The users are responsible to pay and to remit to the appropriate taxing authorities all taxes that could be applicable to the transactions made via our Website and to declare the revenues originating from these transactions.
Unless specifically mentioned, all prices on the Website are in American dollars ($ USD).
When the Buyer commits to buy, he gives the Corporation an irrevocable mandate to retain the services of the Carrier, on behalf of the Buyer, to take delivery of the bought goods and to transport them to the Buyer’s place of business.
The Carrier’s services are subject to certain terms and conditions that the Buyer may consult at the following address: (http://www.trinettransportation.com/fr/home/terms-of-use/).
The Corporation collects a service fee that represents 15% of the sales price, before taxes and transportation fees, on all transactions made via the Website. These service fees are paid by the Buyer.
The services offered by the Corporation are subject to applicable taxes which shall be collected at the same time and in the same way as the service fees.
We don’t sell nor do we rent your information to anyone. We only use your information and data generated on the Website for the following purposes:
- Verify, from time to time, the compliance of the users to the present terms and conditions;
- Ensure the traceability of the transactions made via the Website.
We won’t reveal your information neither your transaction history, except to comply with the law, with an order of a competent tribunal or to allow a Buyer to take recourse against a Seller.
For more information, we refer you to our Private policy.
- General principals
Independant third party
No agency, partnership, joint venture, employment or franchising relationship exists between the parties hereto as a result of this agreement on the terms and conditions and the use of the Website. You recognize that the Corporation, the users, the external payment service providers and the Carrier are independent parties, and subject to what is otherwise stipulated herein, you acknowledge that the Corporation does not supervise and does not claim to monitor the actions of one or another of these parties.
- Goods for sale
- Information in the ads
The Corporation does not verify the existence, availability, storage conditions, quality, legality and physical and chemical properties of the goods offered and sold via the Website. These responsibilities are exclusively those of the Sellers.
The information posted in the ads and listings of a Seller are not verified nor validated by the Corporation. The Corporation does not guarantee the accuracy of this information and is not responsible for the inaccuracy of this information. We invite you to communicate with us if you know of any inaccurate information and we will make reasonable commercial efforts to notify the Seller of any inaccuracy and to require that the Seller takes necessary measures to correct this information, without undue delay.
The information on this Website concerning the Carrier’s services, such as the price and the delivery time are estimations given by the Carrier. The Corporation makes no representation or warranty of any kind on the services offered by the Carrier.
- Availability of the services
- Modification of the Website and the services
- Hyperlinks and software viruses
- Force majeure
The Corporation disclaims all liability for material damages arising out of your use of, or inability to use the Website and the services, unless the damage is due to a gross or intentional fault.
Furthermore, the Corporation disclaims all liability for any kind of indirect, incidental or consequential damage, including, but not limited to, production loss, productivity loss, profit loss, software loss, data or program loss, judicial and extrajudicial costs and other fees, resulting from the use of, or inability to use the Website and the services.
The Corporation commits to deploy reasonable commercial efforts to offer services 24 hours a day 7 days a week. However, the Corporation does not guarantee the consistency of the services and the Corporation is not responsible for the temporary inability to access one or another of the services offered on the Website.
The Corporation reserves the right to modify, interrupt, temporarily or permanently, at its sole discretion and without prior notice, all or part of the Website or the services. The Corporation does not ensure the continuous availability of the Website’s functions and of its services.
The Website may contain hyperlinks to external websites, such as commercial websites or others.
Our inclusion of hyperlinks to such external websites does not imply any endorsement of the material on such websites or any association or joint venture with their operators or owners.
The Corporation makes no representation with regard to the safety aspects of the websites or that these websites are free of viruses and expressly disclaims all liability concerning these external websites. The Corporation disclaims all liability for all damage caused by your access to an external website via a hyperlink on our Website.
As a user of our Website, you acknowledge that, due to the very nature of Internet, the use of this Website or the simple act of accessing it may involve potential risks to contract software viruses on your computer and/or and its peripherals. The Corporation is in no circumstances liable for any damage of every kind or loss resulting, directly or indirectly, from the existence or the transmission of a software virus or of any damage caused to your computer, its data or peripherals.
You hereby release the Corporation from claims relative to the performance of one or the other of its obligations that is prevented or delayed in the event of a force majeure, including, but not limited to, fraud by a third party, hacking of the Website, dysfunction or interruption of communications and electrical, or a natural disaster.
Considering the limited involvement of the Corporation which acts as an intermediary to the Buyer and the Seller and considering the absence of direct intervention by the Corporation in the possession of the sold goods, you hereby expressly waive all claims against the Corporation resulting from the failure of a Seller to fulfill his obligations set forth herein or resulting from the potential application of legal warranties, such as the warranty of quality provided for in the Civil Code of Québec.
Despite this waiver, your rights against the Sellers are expressly reserved. The Sellers irrevocably waive any reference to the present waiver in attempt to reduce their civil liability towards you.
You agree to indemnify and defend the Corporation, its shareholders, officers, directors and employees from and against any claim, demand, lawsuit, action, cause of action or liability of any kind or nature, of a Buyer, a Seller, of the Carrier or of a third party, for damages, losses, costs, expenses and fees, including reasonable legal fees and expenses, resulting directly or indirectly from a breach or violation of these terms and conditions.
The Corporation owns the intellectual property rights on the general structure of the Website, its content, the domain names associated to the Website and certain trademarks on the Website.
You will not modify, in any manner, the trademarks, works, logos and slogans that could be on the Website. The content of the Website is protected under copyright, trademark, and other applicable intellectual property rights. All rights are reserved.
You may print the pages of the Website for your personal use to the extent that the notes concerning the copyrights and the elements protected by intellectual property rights remain unchanged, in accordance with the laws regulating intellectual property rights in Canada.
The Corporation reserves the right to cancel, suspend or close any non confirmed or inactive user account. In the case of a breach of these terms and conditions, the Corporation reserves the right to modify, cease or refuse to provide access to the Website or to its services to any user, at its sole discretion.
Each user may close its user account via the Website or by contacting the Corporation at the above-mentioned contact information. To ensure that all transactions have been completed, please be aware that there could be a necessary delay before the effective closure of your account. During this period, you will not be able to buy or sell goods, however you will have access to the information on your account.
For any information relative to the functioning of the services, we refer you to the section contact us : [email protected] accessible on the Website or to send your demand to the contact information in section 1.1 above.
These terms and conditions were updated on september 2018.