Term of Service

Overview

Welcome to OUAR. The terms "we," "us," and "our" refer to OUAR. We operate the ouar.ca website and related services (the "Services"), a curated resale and consignment platform for South Asian
occasionwear.

These Terms of Service ("Terms") govern your access to and use of our Services. They apply to all users, including buyers, sellers, and website visitors. Please read them carefully before using our Services.

By using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use or access our Services.

 

Section 1 – Eligibility and Access

By using our Services, you represent that you are at least the age of majority in your province or territory of residence. You are solely responsible for maintaining the security of your account credentials and all activity associated with your account. You may not transfer or assign your account to any other person.

You agree to provide accurate, complete, and current information when interacting with our Services, and to promptly update that information as needed.

 

Section 2 – Our Products

OUAR is a curated consignment platform. All items listed for sale are pre-owned South Asian occasionwear accepted into consignment from individual sellers. We make every effort to accurately represent each item's condition, appearance, and details, including through our standardized four-tier condition grading system (New With Tags, Excellent, Very Good, Good).

Colors and product appearance may vary slightly from how they appear on screen due to device display settings. We do not warrant that any item will meet every expectation beyond what is explicitly described
in the listing.

All listings are subject to availability. We reserve the right to remove any item from sale at any time.

 

Section 3 – Orders and Purchases

When you place an order, you are making an offer to purchase. OUAR reserves the right to accept or decline any order at its discretion. Your order is not confirmed until you receive a written confirmation from us. Payment must be received and processed before an order is accepted.

Please review your order carefully before submitting. Cancellation requests after order confirmation may not be accommodated. In the event we cancel or modify an order, we will notify you using the contact information provided at checkout.

All purchases are subject to our Refund Policy, available on our website.

 

Section 4 – Prices and Billing

Prices are subject to change without notice. The price charged will be the price in effect at the time your order is confirmed. Unless otherwise stated, listed prices do not include applicable taxes or shipping charges.

You agree to provide accurate and complete payment information. You represent that you are authorized to use the payment method provided and that all charges will be honoured.

 

Section 5 – Shipping and Delivery

All delivery timelines are estimates only and are not guaranteed. OUAR is not responsible for delays caused by carriers, customs processing, or circumstances beyond our control. Risk of loss passes to you once an item is transferred to a carrier or, in the case of local delivery, upon confirmed handoff.

OUAR currently operates in the Greater Toronto Area. Purchases may be fulfilled via local delivery, coordinated pickup, or shipping depending on the transaction. Fulfilment method will be communicated at checkout or following purchase confirmation.

 

Section 6 – Consignment and Seller Terms

This section governs the relationship between OUAR and individuals who submit items for consignment ("Sellers"). By submitting an item, you agree to the terms set out in this section.

 

6.1 – Submission and Acceptance

Sellers must complete OUAR's seller intake form to initiate a consignment request. Submission of the form does not guarantee acceptance. OUAR reserves the right to decline any item at any stage — including after physical inspection at intake — if the item does not meet our quality, condition, or category standards. Items declined after physical inspection will be returned to the seller. The cost of return shipping or pickup is the seller's responsibility.

 

6.2 – Condition Assessment

All submitted items are assessed by OUAR against our standardized condition grading system upon intake. The grades are: New With Tags, Excellent, Very Good, and Good. OUAR's grade determination is

final and governs how the item is listed. If an item arrives in materially worse condition than described by the seller, OUAR may reject the item or re-grade it, which may affect pricing.

 

6.3 – Photography and Listing Rights

By submitting an item for consignment, you grant OUAR a non-exclusive, royalty-free licence to photograph, film, and use images of your item for the purposes of listing, marketing, and promoting the item across our website, social media channels, and any other platform at our discretion. This licence applies for the duration of the consignment period and for a reasonable period thereafter for archival and
marketing purposes.

OUAR retains ownership of all photographs and creative assets produced by us in connection with your item. You agree not to reproduce or repurpose OUAR-produced images without our written consent.

 

6.4 – Pricing

Accepted items will be listed at a price determined by OUAR based on market value, condition grade, brand, and comparable sales data. OUAR will inform the seller of the proposed listing price prior to
publishing.

OUAR reserves the right to reduce the listing price by up to 30% from the original agreed listing price at any time, without requiring the seller's additional approval, in order to encourage a timely sale. Reductions in excess of 30% will require the seller's consent. The listing price will not be reduced below a minimum floor of CAD $75 without the seller's prior written agreement.

 

6.5 – Consignment Period

The standard consignment period is 12 weeks from the date of listing. OUAR will notify the seller when their item goes live. If the item has not sold by the end of the consignment period, the seller will be contacted to arrange return or to agree to an extended listing period on mutually agreed terms.

Items may be listed beyond the consignment period by mutual written agreement. Standard commission terms continue to apply during any extended period.

 

6.6 – Commission Structure

When an item sells, proceeds are distributed as follows:

• First sale (per seller): the seller retains 100% of the sale price. OUAR charges no commission on a seller's first completed sale.

• All subsequent sales (same seller): the seller retains 80% of the sale price. OUAR retains 20% as a commission.

Payouts are issued to sellers via e-transfer within 14 business days following the close of the buyer dispute window (see Section 6.9) and confirmation that no dispute has been raised. OUAR will confirm the payout amount and issue date in writing at the time of sale.

 

6.7 – Exclusivity

From the date a seller's item is accepted into the OUAR consignment programme, and for the duration of the active consignment period, the seller agrees not to list, offer for sale, or sell that item on any other platform, marketplace, or channel, including but not limited to Facebook Marketplace, Poshmark, Kijiji, Instagram, or any in-person event or sale.

Breach of this exclusivity obligation may result in immediate removal of the listing, forfeiture of any outstanding payout, and a recovery claim by OUAR for costs incurred in connection with the item.

 

6.8 – Early Withdrawal by Seller

Sellers may request early removal of an unsold item by contacting OUAR at support@ouar.net. Early withdrawal requests are subject to OUAR's approval and will not be granted during any active promotional period or within 14 days of the item going live.

Where early withdrawal is approved, the seller is responsible for coordinating collection of the item. OUAR may charge a reasonable handling fee to cover photography, intake, and listing costs incurred. This fee will not exceed CAD $50 per item.

 

6.9 – Buyer Dispute Window

Upon delivery of an item to a buyer, there is a 48-hour window during which the buyer may notify OUAR of the following issues:

• The item received does not match the listing description

• The wrong item was received

• The item was not delivered

OUAR will review any dispute based on available photographic and written evidence from both parties and will resolve it at its sole and reasonable discretion. Seller payouts are held until this window has closed without a dispute, or until any raised dispute has been resolved. OUAR's decision on disputes is final.

 

6.10 – Storage and OUAR's Liability for Items in Our Possession

While items are in OUAR's possession, we will store them with reasonable care in a secure location. However, Sellers acknowledge and agree that:

• OUAR is not liable for minor wear that may occur during normal handling, photography, or try-ons

• OUAR's maximum liability for loss, theft, or damage to a consigned item while in our possession is limited to the agreed listing price of the item at the time of loss or damage, less any applicable commission

• Items are not insured by OUAR. Sellers are encouraged to arrange their own insurance coverage for high-value items if desired

• OUAR is not liable for any damages caused by force majeure events, including but not limited to fire, flood, theft by third parties beyond our reasonable control, or other events outside our reasonable control

 

6.11 – Abandonment of Unsold Items

If an unsold item is not collected by the seller within 30 days of the end of the consignment period, and the seller has not responded to two written collection notices from OUAR, the item will be deemed abandoned. OUAR reserves the right to:

• Donate the item to a registered charity of OUAR's choosing

• Sell the item at a reduced price, retaining 100% of proceeds to offset storage and administrative costs

OUAR will make reasonable efforts to contact the seller before exercising this right.

 

Section 7 – Buyer Terms

All items on OUAR are pre-owned and sold as described. By purchasing an item, you acknowledge that you have reviewed the listing description and condition grade. All sales are final except where an item is materially not as described (see Section 6.9).

Buyers are responsible for reviewing listings, including condition notes and measurements, prior to purchase. OUAR does not accept returns for change of mind.

 

Section 8 – Intellectual Property

All content on our Services, including text, images, graphics, logos, brand elements, and listing photography produced by OUAR, is owned by OUAR or its licensors and is protected by applicable Canadian and international intellectual property laws.

You may use our Services for personal, non-commercial purposes only. You may not reproduce, distribute, modify, or create derivative works from any OUAR content without our prior written consent. OUAR's name, logo, and brand assets are trademarks of OUAR and may not be used without written permission.

 

Section 9 – Third-Party Services

Our Services use third-party platforms including Shopify (storefront and transaction infrastructure) and Airtable (submission management). We are not responsible for the practices, content, or reliability of third-party platforms. Your use of any third-party tools or services is at your own risk and subject to their respective terms.

 

Section 10 – Relationship with Shopify

OUAR's storefront is powered by Shopify Inc. All purchases are made directly with OUAR. Shopify is not a party to any transaction between you and OUAR and bears no responsibility for any products, services, or claims arising from your use of our Services. By using our Services, you release Shopify and its affiliates from any claims arising from your transactions with OUAR.

 

Section 11 – Privacy

All personal information collected through our Services is handled in accordance with our Privacy Policy, available at ouar.ca/privacy. Our Privacy Policy is incorporated into these Terms by reference. By using our Services, you acknowledge that you have read and understood our Privacy Policy.

 

Section 12 – Feedback and Reviews

If you submit feedback, reviews, suggestions, or other content to OUAR, you grant us a perpetual, worldwide, royalty-free licence to use, reproduce, modify, and publish that content for any purpose related to operating and improving our Services, including for marketing. You represent that you own or have the right to submit any content you provide and that it does not violate any third-party rights.

 

Section 13 – Prohibited Uses
You may use our Services only for lawful purposes. You may not:

• Use the Services for any unlawful, fraudulent, or malicious purpose

• Infringe the intellectual property rights of OUAR or any third party

• Transmit false, misleading, or deceptive information, including inaccurate item descriptions

• Attempt to gain unauthorized access to any part of our Services

• Scrape, copy, or systematically extract data from our Services

• Circumvent the exclusivity terms in Section 6.7 by listing consigned items elsewhere

• Impersonate any person or entity

• Use our Services in any way that could harm, disable, or impair them

Violation of these terms may result in immediate suspension or termination of your access without notice.

 

Section 14 – Errors and Inaccuracies

We aim for accuracy in all listings and communications. However, typographical errors or omissions may occasionally occur. We reserve the right to correct errors and to cancel affected orders where necessary, without prior notice. Where an order is cancelled due to a pricing or listing error, we will notify you promptly and issue a full refund.

 

Section 15 – Disclaimer of Warranties

Our Services and all products offered through them are provided on an "as is" and "as available" basis, to the extent permitted by applicable law. We do not warrant that our Services will be uninterrupted, error-free, or completely secure.

Nothing in these Terms limits any statutory rights you may have under applicable Ontario or Canadian consumer protection legislation, including the Consumer Protection Act, 2002 (Ontario).

 

Section 16 – Limitation of Liability

To the fullest extent permitted by applicable law, OUAR and its affiliates, officers, employees, agents, and service providers will not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of our Services or any products purchased through them.

In no event will OUAR's total liability to you exceed the greater of: (a) the amount you paid for the specific transaction giving rise to the claim; or (b) CAD $100. This limitation does not apply to claims arising from our gross negligence or wilful misconduct, or to any rights you have under applicable consumer protection legislation that cannot be excluded by contract.

 

Section 17 – Indemnification

You agree to indemnify and hold harmless OUAR, its affiliates, officers, employees, and service providers from any claims, damages, losses, or expenses (including reasonable legal fees) arising from: (a) your breach of these Terms; (b) your violation of any applicable law; (c) your use of our Services; or (d) any false or misleading information you provided in connection with a seller submission or purchase.

 

Section 18 – Dispute Resolution

We encourage you to contact us first at support@ouar.net to resolve any issue informally. We will make reasonable efforts to resolve disputes promptly and in good faith.

If a dispute cannot be resolved informally, it shall be submitted to non-binding mediation before either party may commence legal proceedings, unless urgent injunctive relief is required. Mediation will be conducted in Toronto, Ontario, in accordance with the rules of a mutually agreed mediator.

Nothing in this section limits your right to file a complaint with the Office of the Privacy Commissioner of Canada or any applicable consumer protection authority.

 

Section 19 – Force Majeure

OUAR will not be liable for any failure or delay in performing its obligations under these Terms where such failure or delay results from circumstances beyond our reasonable control, including but not limited to: acts of God, fire, flood, storm, pandemic, civil unrest, theft or break-in beyond our reasonable security measures, government action, or failure of third-party infrastructure or service providers.

In the event of a force majeure affecting stored items, OUAR will notify affected sellers promptly and cooperate in good faith to reach a reasonable resolution.

 

Section 20 – Termination

We may suspend or terminate your access to our Services at any time, without notice, if we determine you have violated these Terms or engaged in conduct harmful to OUAR, our sellers, or our buyers. Upon termination, provisions that by their nature should survive will continue to apply, including Sections 8, 11, 15, 16, 17, and 18.

 

Section 21 – Governing Law

These Terms are governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein. Any legal proceedings arising from these Terms shall be brought exclusively in the courts of Ontario, and you consent to the personal jurisdiction of those courts.

 

Section 22 – Severability

If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision will be enforced to the maximum extent permitted by law, and the remaining provisions will continue in full force and effect.

 

Section 23 – Waiver and Entire Agreement

Our failure to enforce any provision of these Terms does not constitute a waiver of that right. These Terms, together with our Privacy Policy and any policies published on our website, constitute the entire agreement between you and OUAR regarding your use of our Services and supersede all prior agreements on the same subject matter.

 

Section 24 – Changes to These Terms

We may update these Terms at any time. We will post the updated version on this page with a revised date. Material changes will be communicated by email or via a prominent notice on our website at least 14 days before taking effect. Continued use of our Services after changes take effect constitutes your acceptance of the updated Terms.

 

Section 25 – Contact

Questions about these Terms should be directed to:

 

OUAR

Email: support@ouar.net

Website: www.ouar.net

Location: Greater Toronto Area, Ontario, Canada