Terms & Conditions

1. About 1867

1867 is an online marketplace that connects customers with independent Canadian vendors.

1867 provides the marketplace, technology, payment processing arrangements, and related services that allow vendors to offer products for sale.

Unless specifically stated otherwise, 1867 is not the manufacturer, seller, importer, or supplier of products listed by individual vendors.

The vendor responsible for a particular product is identified on the applicable product listing or order information.

2. Customers and Vendors

Customers use 1867 to discover and purchase products offered by participating vendors.

Vendors are independent businesses or individuals responsible for the products they list and sell through the Platform.

Vendors are responsible for ensuring that their products, listings, pricing, inventory, descriptions, images, claims, and business practices comply with applicable laws and these Terms.

3. Product Listings

Vendors are responsible for the accuracy of their product listings.

1867 may display information supplied by vendors and may use integrations to import or synchronize product information from third-party platforms.

While we work to keep marketplace information accurate, 1867 does not guarantee that every listing will always be complete, current, or error-free.

We reserve the right to remove, suspend, or modify listings that violate these Terms or applicable law.

4. Orders

When you place an order through 1867, you are purchasing the applicable product from the vendor identified with that product.

An order is not considered accepted until the applicable payment has been successfully processed and the order has been accepted for fulfillment.

We reserve the right to cancel or refuse an order where there is an error in pricing, inventory, product information, payment processing, suspected fraud, or another legitimate reason.

If an order is cancelled after payment has been received, the applicable amount will be refunded.

5. Prices and Taxes

Product prices are displayed in Canadian dollars unless otherwise stated.

Applicable taxes, shipping charges, and other applicable charges will be shown during checkout where required.

Vendors are responsible for determining and complying with their applicable tax obligations.

6. Payments

Payments may be processed through third-party payment providers used by 1867.

By completing a purchase, you authorize the applicable payment provider to process the transaction using the payment method you selected.

1867 does not store complete payment card information on its own systems where payment processing is handled by a third-party payment provider.

7. Shipping and Delivery

Shipping options and costs are determined based on the applicable order and vendor.

Vendors are responsible for preparing and shipping their products.

Unless otherwise stated, the vendor’s shipping timeframe begins when the package leaves the vendor’s possession, not when the order is placed.

Delivery times may vary based on the vendor, shipping method, destination, carrier delays, weather, customs, and other circumstances outside 1867’s control.

1867 does not guarantee a specific delivery date unless expressly stated.

8. Returns, Refunds and Exchanges

Return, refund, and exchange policies may vary by vendor and product.

The applicable vendor is generally responsible for handling returns, refunds, exchanges, defective products, incorrect products, and other product-related issues.

Customers should review the applicable vendor’s return policy before purchasing.

Nothing in these Terms limits any rights that cannot legally be excluded under applicable Canadian consumer protection legislation.

9. Product Problems

If a product is damaged, defective, incorrect, missing, or otherwise not as described, customers should contact 1867 or the applicable vendor as soon as reasonably possible.

1867 may assist with communication or marketplace-related issues, but the vendor remains responsible for the products it sells and fulfills unless 1867 has expressly agreed otherwise.

10. Vendor Responsibilities

Vendors agree to provide accurate product and business information; maintain accurate inventory where applicable; fulfill accepted orders in a timely manner; ship products as described; handle applicable returns, refunds, and exchanges; comply with applicable laws and regulations; own or have permission to use all content submitted to 1867; ensure their products are legal to sell and suitable for the marketplace; and maintain any required licences, registrations, insurance, permits, or certifications.

Vendors may not use 1867 to sell illegal, counterfeit, stolen, fraudulent, prohibited, or otherwise unlawful products.

11. Vendor Payments

1867 may collect customer payments on behalf of marketplace transactions and facilitate payments to participating vendors through third-party payment providers.

Unless otherwise agreed, 1867’s marketplace commission is 5% of the applicable pre-tax merchandise amount on completed sales.

Payment processing fees and other applicable transaction costs may be deducted from amounts payable to the vendor.

Vendor payouts are subject to applicable payment-provider requirements, reserves, refunds, chargebacks, disputes, and other adjustments.

12. Intellectual Property

The 1867 name, branding, website design, software, technology, content created by 1867, and other proprietary materials are owned by or licensed to 1867 and may not be copied, reproduced, modified, or used without permission.

Vendors retain ownership of their own product content and intellectual property.

By submitting content to 1867, vendors grant 1867 a non-exclusive licence to use, reproduce, display, distribute, and promote that content as reasonably necessary to operate and market the marketplace.

13. Third-Party Integrations

1867 may connect with third-party services and platforms used by vendors, including payment, fulfillment, commerce, catalog, publishing, or other service providers.

Third-party services are governed by their own terms and policies.

1867 is not responsible for outages, changes, errors, limitations, or actions taken by third-party services outside of 1867’s reasonable control.

14. Accounts and Security

You are responsible for maintaining the confidentiality of your account credentials and for activity occurring through your account.

You must provide accurate information and promptly update information that becomes inaccurate.

You must not access another person’s account or attempt to bypass security or access controls.

1867 may suspend or terminate accounts involved in fraud, abuse, unauthorized activity, violations of these Terms, or activity that presents a risk to the Platform or its users.

15. Prohibited Use

You may not use 1867 to break the law or facilitate unlawful activity; commit fraud or misrepresent products or businesses; sell counterfeit or stolen goods; infringe another person’s intellectual property or other rights; interfere with the operation or security of the Platform; attempt unauthorized access to accounts, systems, or data; upload malicious code or harmful software; scrape, copy, or commercially exploit Platform content without permission; circumvent marketplace fees or transaction systems; or abuse promotions, refunds, chargebacks, or payment systems.

16. Platform Availability

We work to keep 1867 available and functioning, but we do not guarantee that the Platform will always be uninterrupted, secure, or error-free.

Maintenance, technical problems, third-party outages, security incidents, and circumstances beyond our reasonable control may affect availability.

17. Limitation of Liability

To the maximum extent permitted by applicable law, 1867 is not responsible for indirect, incidental, consequential, special, or punitive losses arising from your use of the Platform or from transactions between customers and vendors.

1867 does not assume responsibility for the quality, safety, legality, authenticity, availability, or suitability of products supplied by independent vendors, except where applicable law provides otherwise.

Nothing in these Terms excludes or limits liability that cannot legally be excluded or limited.

18. Indemnification

To the extent permitted by law, vendors agree to indemnify and hold harmless 1867 and its owners, operators, employees, and service providers from claims, losses, liabilities, damages, and expenses arising from the vendor’s products, listings, content, business practices, breach of these Terms, or violation of applicable law.

19. Termination

We may suspend or terminate access to the Platform where we reasonably believe that a user or vendor has violated these Terms, created a security or legal risk, engaged in fraudulent activity, or otherwise misused the Platform.

Termination does not eliminate obligations that arose before termination.

20. Changes to These Terms

We may update these Terms from time to time.

When material changes are made, we may provide notice through the Platform or other reasonable means.

Your continued use of 1867 after updated Terms become effective constitutes acceptance of the revised Terms, to the extent permitted by law.

21. Governing Law

These Terms are governed by the laws applicable in the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict-of-law principles.

Where permitted by law, disputes relating to these Terms or your use of the Platform will be subject to the applicable courts of Ontario.

22. Contact

If you have questions about these Terms, your account, an order, or the 1867 marketplace, please contact us through the contact information provided on the Platform.