The Site is operated by Tactical 74, which reserves the right to make changes to this seller agreement at any time. Changes to this seller agreement are effective when the changes are posted to the Site. Continuing to sell items on our site will constitute your agreement to the new seller agreement. It is your responsibility to review the changes and decide if you want to continue to use our site. Changes to the seller agreement may occur without notice to you.
Tactical 74 provides an online service that allows third-party sellers to sell their products to buyers. Tactical 74 does not act as the agent for either buyers or sellers. Our service provides a platform for these transactions to take place.
You must log in with an existing account or complete the Site registration process to create an account with a username and password (the “Account”) in order to make full use of selling on the site. You may not share your password with anyone. You must always provide accurate, current and complete information, and you must update such information in a timely manner to maintain its accuracy and completeness. Any use of the Site through your Account will be deemed as being used by you. Tactical 74 is entitled to rely on the contact and other information that is supplied to us through your Account. Your Account is non-transferable and non-assignable.
Listing items for sale on the site is limited to parties that can lawfully enter into a contract. Minors are not allowed to buy or sell on our site. To list items for sale you must supply your name, address, phone number, email address, and agree to the seller agreement.
For all items sold through its site, Tactical 74 charges a fee based on a percentage of the sale price, as set forth in the document entitled Fees. The seller of an item is responsible for paying this fee. This fee will be automatically deducted from the earnings you receive from a sale. Fees may change at any time without notice. The fee in effect on the date of sale of the item shall govern the transaction. Please view the Fees page to view the latest fee structure. By listing an item for sale on our site, you agree to pay the applicable fees and any collection costs related to non-payment of fees. All fees are payable upon demand. By listing an item for sale on the Site, you authorise Tactical 74 to deduct the fees from any sale prior to forwarding payment.
Tactical 74 requires you to provide timely support to the customers of our site. All messages should ideally be replied to within 24 hrs. Please resolve all customer issues related to the Tactical 74 site within 48 hrs if possible. You are also required to notify Tactical 74 when you change the status of an order. Changes in status could include but are not limited to: cancelling an order, refunding an order or alerting a customer about a missing item from their order. When you mark an item as shipped with tracking or shipped without tracking an automatic email will be sent to the customer alerting them of the status change. Do not contact customers directly unless replying to a question, alerting them of an order status update, or responding to a complaint.
All orders should be shipped to customers within the allotted time frame as specified in the sale item details. All orders must reach the Buyer within the quoted time frame. Failure to provide shipment notification within 4 days may cause your transaction and any associated payment to be cancelled at our sole discretion. As part of the Seller Agreement you are contracted to adhere to, it is your responsibility to deliver the items contained within an order to the Buyer and you waive your ability to win any disputes if the customer says the package did not arrive due to not having Delivery Confirmation or Tracking.
On all orders, buyers will be charged a shipping charge. This charge will be forwarded to the seller. This is illustrated in the document entitled Fees. The seller acknowledges that this shipping credit may not fully cover the actual shipping cost. The seller is responsible for shipping the order using the most economical means available and any related costs.
Sellers cannot list or sell items that: infringe upon intellectual property rights or are illegal, fake, counterfeit, stolen, or prohibited by local, provincial/state or Canadian laws. Items listed for sale must be listed on the correct item page and an accurate description of the products description must be given. The accounts of sellers may be limited in a matter that allows them to make a certain amount of transactions within a given time at the sole discretion of Tactical 74. Site transactions must take place between two different individuals, organisations or entities. Tactical 74 reserves the right to refuse service to anyone at any time for any reason.
Tactical 74 determines which products to offer for sale on the site. Products may be added or removed at any time without notice. Changes to the item detail pages of a product can also take place without notice. The way listings appear on the site may change without notice to users of the site.
Sellers are required to sell items at the price they listed to customers that meet the seller’s terms. By listing an item on our site you agree that you have the right to sell the item, the item is in your possession and that your description provided in your listing is complete and accurate. Sellers are required to ship an order by the provided ship date. Failure to ship by the provided date may be grounds for termination of your Account.
After a Completed Sale occurs Tactical 74 credits the net proceeds from the sale to you via PayPal vendor payout account transfer. Payment options may vary at the discretion of Tactical 74. Keep in mind that refunds to buyers, selling fees, and other transactions are debited against amounts credited to you from sales. The funds will be transferred to you once the e-commerce application has cleared the payment. Payments will be made in Canadian. Dollars.
As a security measure, Tactical 74 may, but is not required to, impose transaction limits on some or all sellers relating to the value of any transaction, disbursement, or adjustment, the cumulative value of all transactions, disbursements, or adjustments during a period of time, or the number of transactions per day or other period of time. Tactical 74 will not be liable to seller: (i) if we do not proceed with a transaction, disbursement, or adjustment that would exceed any limit established by us for a security reason, or (ii) if we permit a buyer to withdraw from a transaction because of issues involving the Account.
If Tactical 74 reasonably concludes based on information available to us that seller’s actions and/or performance in connection with the Site may result in buyer disputes, charge backs or other claims, then we may, in our sole discretion, delay initiating any remittances and withhold any payments to be made or that are otherwise due to you in connection with this site agreement for the shorter of: (a) a period of 90 days following the initial date of suspension; or (b) completion of any investigation(s) regarding any seller actions and/or performance in connection with this site agreement. We will not be liable to the seller if we act in accordance with the provisions of this Section.
It is the seller’s responsibility to collect and remit any taxes associated with a transaction. Tactical 74 may provide tools that allow a user to charge sales tax on transactions, but Tactical 74 will not be held responsible for the collection or lack of collection of any taxes due to the use of these tools. Tactical 74 is not responsible for determining when tax should be charged.
For all of your products you will accept and process returns, refunds and adjustments in accordance with this site seller agreement and the Tactical 74 Refund and Returns Policy published on the Site at the time of the applicable order, and we may inform customers that these policies apply to your products. Customers are not subject to restocking or refund processing fees when a Seller applies a refund. You will determine and calculate the amount of all refunds and adjustments (including any taxes, shipping and handling or other charges) or other amounts to be paid by you to buyers in connection with Tactical 74 site purchases, using functionality we enable for your account and will route all such payments through Tactical 74. We will provide any such payments to the buyers (which may be in the same payment form originally used to purchase your product), and you will reimburse us for all amounts so paid. We may offset such payments against any amounts to be remitted or paid by Tactical 74 to the seller under this site agreement or seek reimbursement from the seller via any of the means authorised under this site agreement. You will promptly provide refunds and adjustments that you are obligated to provide under the applicable Tactical 74 Refund and Returns Policy and as required by law, and in no case later than thirty (30) days after the obligation arises.
The seller can terminate participation in our site at any time by written notice to Tactical 74. Tactical 74 reserves the right to terminate a user’s participation in the site at any time for any reason at its sole discretion, with or without notice to the user. Tactical 74 reserves the right to monitor user accounts to determine if policies or laws are being broken. Tactical 74 reserves the right to remove or edit any content supplied by users. Any illegal or fraudulent activity may be reported to law enforcement or other third parties. Upon termination, the seller must pay Tactical 74 any fees that were incurred prior to the effective date of termination, and any pending transactions will be cancelled.
Tactical 74 reserves the right, upon termination, to offset against any payments to be made to the seller, an amount determined by Tactical 74 to be adequate to cover charge backs, refunds, adjustments or other amounts paid to buyers in connection with marketplace purchases from seller’s account for a prospective three-month period. At the end of such three-month period following termination, Tactical 74 will disburse to seller any amount not used to offset charge backs, refunds, adjustments, or such other amounts paid to buyers, or seek reimbursement from the seller via any of the means authorised in this site agreement for any additional amount required to offset charge backs, refunds, adjustments, or other amounts paid to buyers, as applicable.
The Tactical 74 site is provided as is and without warranty. Tactical 74 makes no warranties of any kind, expressed or implied. We strive to provide our site 24 hours a day 365 days a year, but we do not guaranty our site will always be available. Tactical 74 will not be liable for any loss due to our site not being available. Tactical 74 will not be liable for any loss due to errors in our software or the software of others that we use.
RISK OF LOSS
Tactical 74 may refuse service to anyone for any reason. Tactical 74 may earn interest or other compensation from the balances in our bank accounts that result from the timing difference between our being paid by a buyer and our bank account being debited to pay out credits to a seller. Tactical 74 will bear the risk of credit card fraud (i.e. fraudulent purchase arising from the theft and unauthorised use of a third party’s credit card information) occurring in connection with a payment transaction through our site, and the seller will bear all other risks of fraud or loss that are not fulfilled strictly in accordance with the order information and shipping information that we provide you. Tactical 74 reserves the right to seek reimbursement from the seller if we, in our sole discretion, decide to reimburse the buyer, provide a refund to the buyer if the seller cannot promptly deliver the goods, discover erroneous or duplicate transactions, or receive a charge back from a buyer’s credit card issuer for the amount of the buyer’s purchase from the seller. Tactical 74 may obtain reimbursement of any amounts owed by the seller to Tactical 74 by deducting from future payments owed to the seller, reversing any credits to the Account, or seeking such reimbursement from the seller by any other lawful means. You authorize us to use any or all of the foregoing methods to seek reimbursement.
INDEMNITY/LIMITATION OF LIABILITY
You will defend, indemnify and hold harmless Tactical 74 and its affiliates (and their respective employees, directors, agents and representatives) from and against any and all claims, costs, losses, damages, judgements, penalties, interest and expenses (including reasonable attorneys’ fees) arising out of any claim, action, audit, investigation, inquiry or other proceeding instituted by a person or entity that arises out of or relates to: (i) any actual or alleged breach of your representations, warranties, or obligations set forth in this site agreement; or (ii) your own website or other sales channels, the products you sell, any content you provide, the advertisement, offer, sale or return of any products you sell, any actual or alleged infringement of any intellectual property or proprietary rights by any products you sell or content you provide, or the collection, payment or failure to collect or pay any taxes.
TACTICAL 74 WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THIS SITE AGREEMENT, THE SITE, THE INABILITY TO USE THE SITE, OR THOSE RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO VIA THE SITE.
Because Tactical 74 is not directly involved with transactions between buyers and sellers, you agree to release Tactical 74 from claims, demands, and damages related to transaction disputes. If a dispute arises, buyers and sellers are expected to deal with each other to come to a resolution. At times, Tactical 74 Customer Service may step in to mediate disputes between Buyers and Sellers on our platform. During mediation, Tactical 74 Customer Service may apply full or partial refunds to resolve disagreements, any and all refunds are at the discretion of the Customer Service Team.
Any claim against Tactical 74 in relation to our site shall be adjudicated in a court in Gatineau, Quebec and you agree to exclusive jurisdiction of these courts. This agreement shall be governed by Quebec law, without regard to conflict of laws principles thereof.
By agreeing to the site seller agreement, you grant the royalty-free use of any content you submit to us. You represent that you own any content you submit to us or you have the right to distribute submitted content. You will be responsible for any violation of rights for unauthorised content.
If any section of this agreement is deemed unlawful, void or unenforceable, then that section shall be deemed severable and the remainder of the agreement will remain in force. Failure to enforce any section of this agreement by Tactical 74 does not constitute a waiver of Tactical 74’s right to enforce such section or any other section in the future.