Terms of Sale

1. Legal information

The Mota Sourcing platform is operated by IVEPAC Inc., a company legally incorporated in Canada.

• Legal name: IVEPAC Inc.
• Registered office: Edmonton, Alberta, Canada
• Website: www.mota-sourcing.com
• Email: contact@mota-sourcing.com

2. Purpose

These Terms of Sale govern the contractual relationship between IVEPAC Inc. and any customer using Mota Sourcing services for international product sourcing and procurement.

3. Services Offered

IVEPAC Inc., under the Mota brand, offers the following services:

• Project framing and product feasibility study
• Brand creation: naming, visual identity, packaging
• Product design and drafting of the manufacturing specification
• Search, vetting and selection of suppliers and factories
• Negotiation of prices and purchasing terms
• Production follow-up and quality control before shipping
• Introduction to partner logistics agents and coordination of the shipment
• A customer account centralizing quotes, approvals and tracking
• A marketplace allowing third-party merchants to offer products and services

4. Order Process

1. Quote request: the customer submits a detailed request through the online form or by email.
2. Account creation: an account is automatically created for the customer with email activation.
3. Custom quote: our team reviews the request and sends a detailed quote within 24 to 48 business hours.
4. Quote acceptance: the customer accepts the quote through the dashboard or by email.
5. Sample approval: where the project includes a production run, a sample is submitted to the customer. Series production starts only after written approval of that sample. That approval is the contractual reference against which the conformity of the goods will be assessed.
6. Payment: the customer pays according to the agreed terms.
7. Fulfillment: the order is processed according to the approved specifications.

5. Prices and payment terms

5.1 Prices: prices are shown in U.S. dollars or local currency depending on the quote. They include sourcing costs but exclude international shipping costs and customs duties unless otherwise stated.

5.2 Payment: accepted payment methods are:

• Visa or Mastercard bank card
• PayPal
• International bank transfer
• Other methods by prior agreement

5.3 Payment conditions: a deposit of 30 to 50% may be required at order placement, with the balance due before shipment or according to the quote terms.

5bis. Deposit, Balance and Cancellation

5bis.1 Deposit: the start of a production run is conditional on payment of a deposit whose amount, expressed as a percentage of the total, appears on the accepted quote. The balance falls due before shipping, unless different terms are expressly agreed.

5bis.2 Cancellation before production starts: as long as the factory has not started production, the customer may cancel their order. The deposit is returned to them after deduction of the costs already incurred: studies, samples, mock-ups, processing fees and amounts already paid to third parties.

5bis.3 Cancellation after production starts: once production is under way, the deposit covers materials, tooling and work already ordered. It is no longer refundable. The customer remains liable for the balance in proportion to the progress established.

5bis.4 Change of specification: any change requested after sample approval gives rise to a revised quote. It may result in additional cost, a new lead time and re-invoicing of work already carried out.

5bis.5 Cancellation by IVEPAC Inc.: IVEPAC Inc. may cancel an order where production proves impossible, where the supplier fails, where there is serious doubt as to the lawfulness of the product, or where the customer is in breach. Except in the case of a breach by the customer, the amounts paid are returned to them, to the exclusion of any other compensation.

6. Delivery times

Delivery times are indicative and vary depending on:

• Product availability at the supplier
• Production time
• Chosen shipping methods
• Customs procedures in the destination country

Any delay cannot engage Mota Sourcing's liability in cases of force majeure or circumstances beyond our control.

6bis. Transport and Logistics

6bis.1 Role of Mota: IVEPAC Inc. (“Mota”) acts neither as a carrier, nor as a freight forwarder, nor as an insurer. Its role is to select partner logistics agents and to put the customer in contact with them.

6bis.2 Responsibility for transport: responsibility for performing the transport and for custody of the goods lies with the logistics agent from the moment the goods are handed over.

6bis.3 Transfer of risk: risk transfers on actual hand-over of the goods to the designated logistics agent.

6bis.4 The insurance option, claim procedures, applicable time limits and burden of proof are governed by the shipping and delivery terms, which form an integral part of these terms and conditions.

7. Quality control

We perform quality checks before shipment according to the agreed specifications. The customer may request additional inspections for extra fees.

8. Claims and Returns

8.1 Claim period: the customer has seven business days from delivery to report any problem of quality, quantity or conformity.

8.2 Returns are accepted in the cases exhaustively listed in the return terms.

8.3 Return costs: return costs are borne by the customer, except where the return is attributable to a direct error by IVEPAC Inc. (“Mota”).

8.4 Handling procedures, outcomes and exclusions are governed by the return terms, which form an integral part of these terms and conditions.

9. Liability

Save in cases of gross negligence or wilful misconduct, and without prejudice to the mandatory provisions of the applicable law, the liability of IVEPAC Inc. in respect of an order is limited to the amount, excluding freight costs, actually received by it in respect of that order.

IVEPAC Inc. cannot be held liable for indirect loss, in particular business interruption, lost profits, loss of customers, storage costs, contractual penalties owed to third parties, or reputational harm resulting from a production or delivery incident.

Supplier selection, quality control, detection of non-compliant items and selection of logistics agents constitute best-efforts obligations.

10. Personal data protection

Personal data processing is governed by our Privacy Policy. We are committed to protecting our customers' privacy in accordance with applicable laws.

11. Intellectual property

All elements of the Mota Sourcing website, including text, images, logos and design, are the exclusive property of IVEPAC Inc. and are protected by intellectual property laws. Unauthorized reproduction is prohibited.

11bis. Intellectual Property in the Customer's Creations

11bis.1 Pre-existing elements: the customer retains full ownership of the trademarks, names, logos, images and documents they supply. They warrant that they hold the rights necessary to exploit them and to reproduce them on the products manufactured.

11bis.2 Creations made for the customer: creations made by IVEPAC Inc. in the course of a project — brand name, logo, visual identity, packaging artwork, production files — are assigned to the customer on an exclusive basis, for all media and worldwide, from the moment the corresponding services are paid in full. The assignment covers economic rights; moral rights remain governed by the applicable law.

11bis.3 Before payment in full: until the services are paid in full, no assignment takes place and the customer may not exploit the creations concerned.

11bis.4 No warranty of availability: IVEPAC Inc. acts neither as legal counsel nor as a registered trademark or patent agent. It warrants neither the availability, nor the registrability, nor the absence of prior rights in a name, a logo or a distinctive sign, in any jurisdiction whatsoever. Prior-rights searches, registration and defence of the trademark are for the customer, who is advised to consult a professional.

11bis.5 Commercial reference: IVEPAC Inc. may refer to the project and reproduce images of the product as a commercial reference, unless the customer objects in writing.

11bis.6 Elements belonging to the platform: article 11 of these terms remains applicable to the elements of the site and the platform, which remain the exclusive property of IVEPAC Inc.

12. Governing law and jurisdiction

These Terms of Sale are governed by Canadian law. In case of dispute, the parties will seek an amicable solution.

Failing an amicable agreement, the courts of Edmonton, Alberta, Canada will have exclusive jurisdiction.

13. Changes to the Terms

IVEPAC Inc. reserves the right to modify these Terms of Sale at any time. Changes take effect when published on the site. It is the customer's responsibility to review this page regularly.

14. User Roles and Compliance

14.1 The platform brings together several categories of user whose rights and obligations are defined on the roles and responsibilities page, which forms an integral part of these terms and conditions.

14.2 Listing, ordering or producing counterfeit, contraband or otherwise unlawful items is strictly prohibited. The applicable obligations, checks and sanctions are defined in the compliance policy, which forms an integral part of these terms and conditions.

14.3 Sanctions: any breach may result in suspension or deletion of the account, the freezing and retention of funds in progress, reporting to the competent authorities and the bringing of any appropriate legal action.