Vintassion Website General Terms and Conditions

(version 1.3, 2nd December 2013)

Introduction

These Website General Terms and Conditions together with the applicable Service Specific Terms and Conditions apply to any and all use or accessing www.vintassion.com including completing Seller Registration or obtaining or using any Content, and shall constitute your agreement to be bound by and comply with the Terms and Conditions.  These Website General Terms and Conditions version 1.3 are effective from date of publication 2nd December 2013.

Vintassion is an online vintage fair dedicated to helping Customers with a “passion for vintage” in browsing and buying all types of vintage and retro goods or services from Vintassion Registered Sellers.  Customers when buying goods or services enter into an agreement with the Registered Seller using solely their Seller Policies (Terms and Conditions) including their Terms of Sale, Returns Policy and Delivery Policy.   

Vintassion does not review Registered Sellers' listed goods or services and shall not be liable for any transactions conducted between Registered Sellers and Customers or their remedy arising from either party’s use of the Site.   Vintassion does not warrant the Registered Sellers’ review ratings submitted by Customers or any information supplied by Registered Sellers.

The Upcoming Vintage Fairs/ Events listed on this website including any associated Event Banner Adverts are solely the responsibility of their Event Organisers, and it is recommended that Vintassion website users always check for latest details with the Event Organiser before visiting a listed event.       

Definitions

The following definitions shall apply to these Terms and Conditions:

“Content”: means all text, images, video, related data or other material made available to you by Vintassion;

“Contract”: Any agreement between Vintassion and Registered Sellers allowing use and access to restricted areas of the Site, Services or access to Content;

 “Fee”: The Fee payable to Vintassion under any Service as specified in the Service Specific Terms and Conditions;

“Intellectual Property Rights (IPR)”: all patents, trade marks, service marks, copyright, design rights, database rights, know-how, processes, trade practices and other Intellectual Property rights whatsoever, whether registered or unregistered anywhere in the world;

“Login”: the personal username and password, which will be created by you upon Seller Registration, (which may be amended from time to time as enabled via the Site) allowing you to access and use the Site and any associated benefits;

“Site”: the website at www.vintassion.com and any of the sub-domains thereof;

“Seller Registration”: the process of registering for a Seller’s account;

“Selling Period”: the period of any rights to use Services or access Content granted to you under a Service as specified in the Service Specific Terms and Conditions;

“Service(s)”:  Users who complete Seller Registration shall be able to select, access (restricted areas of/ or functionality on the site) and use Services for a defined selling period(s) for managing and promoting vintage and retro items for sale;  

“Service Specific Terms and Conditions”: Any and all information and Terms and Conditions supplied by Vintassion to you applying to a specific Service prior to the agreement of that Contract, including details of any Fee and descriptions of the Services or Content;

 “Terms”: these Website General Terms & Conditions and all applicable Service Specific Terms & Conditions (if any);

“User Content”: all text, images, video, related data or other material inputted, uploaded or otherwise communicated by you to the Site or to us including by way of selecting items to be linked to the Site;

“Vintassion”, “we”, “us”, “our”: Vintassion LLP, a registered Limited Liability Partnership (No. OC382442) in England & Wales, our registered office address is: Vintassion LLP, 12, Cotswold Close, TETBURY, Gloucestershire, GL8 8RD, UK

“you”, “your”, “yourself”, “Seller”, “User”: the person, company or other body using or Registering with the Site (Registrant) as a Seller or if you are acting for any other parties (e.g. your employer or another as an agent) then you and the other parties shall be deemed to be using the Site jointly and severally as a Seller.

Seller Registration

To use and access Seller Services you must complete Seller Registration and provide the information required to us using the standard process on the Site.  Seller Registration by any other means shall not constitute an agreement with us.

You must ensure that the information provided in your Seller Registration is complete and accurate.

You agree that your use and access of the Services shall only be initiated by using the Seller Login buttons on the Site home i.e. you must not set up a direct link to any Services page bypassing the Seller Login.   

It is your responsibility to ensure your Login is kept confidential to prevent third parties obtaining your Login.  Should you become aware at any point your Login has been obtained by a third party you must inform us and take action needed and/or requested by us to prevent misuse.

You shall be responsible for all Fees incurred on your Seller’s account using your Login up to the time you inform you have become aware your Login has been obtained by a third party.

Technical Use of the Site and Legal Compliance

You warrant and undertake that you shall not, and shall not permit others to:

- use the Site in any way that causes, or may cause, damage to the Site or impairment of the availability or accessibility of the Site; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

- use the Site to copy, store, host, transmit, send, use, publish or distribute any material that consists of, or linked to any spyware, computer virus, Trojan horse, worm, keystroke logger or other malicious computer software;

- modify, translate, create derivative copies of or copy any aspect of the Site or re-create the look and feel of the Site or anything substantially similar to it;

- reverse engineer, decompile, disassemble or otherwise tamper with any material on the Site;

- distribute, sub-license, assign, share, timeshare, sell, rent, lease, grant a security interest in or otherwise transfer any of your rights to use the Site; or

- use the Site for any purpose other than that purpose specifically covered by the Terms or envisioned or in a way which may bring us into disrepute. 

Services

To use certain Services you will be required to agree to their Service Specific Terms and Conditions.

These Website General Terms and Conditions shall apply to all such Services in their entirety at all times.

You agree to access each area of the Site where Services provided by use of the Login only.

We may vary the Services available on our Site in our absolute discretion at any time, with or without notice.

Payment of Fees & Seller Registered Account Termination

Any Services you select at Seller Registration and at any point in time thereafter shall be subject to your agreement of each Contract for the Services selected and these Website General Terms and Conditions.  Where a payment of a Fee applies to the Services you select it shall only be made using the Site PayPal payment gateway and the Services shall only become active for your use after payment has been received by us.   We may change our Fees from time to time. 

It is your choice to renew and pay the Fees for any Services prior to their expiry should you wish them to continue.  We will email reminders shortly before their expiry explaining how to Login to your Seller’s Registered account and renew and/or add any Services.

Your Seller’s Registered account remains open with or without any active Services and your use and access shall be subject to your agreement of any Contract for Services that are active and/ or these Website General Terms and Conditions. 

To terminate your Registered Seller’s Account you must notify us in writing or by email (admin@vintassion.com).  Please note we will not refund any Fees for Services that are active at point of notification of termination.  Your Login details will be invalidated when you terminate your Seller’s Account.

All Fees are quoted in Pounds Sterling and expressed inclusive of VAT (where applicable) unless specified.  Please note Vintassion LLP is not VAT registered.

 Intellectual Property Rights (IPR)

All IPR in the Site, Content and all material, information or benefits relating to the same, is owned or licensed by us, and nothing in these Terms shall confer any ownership of any IPR in the same on you.  

Unless you own or control the relevant rights in the material and except where specifically authorised by the Terms, you agree to use all Content made available to you for the purpose of viewing such Content on the Site personally only and not to republish (including on another website), copy, adapt, make available to third parties, sell, rent, sub-license or distribute any such Content (including trade marks we own: “Vintassion – passion for vintage”, Site logo, and domain names).

Content and Use of the Site

You grant to us a world-wide, royalty-free, irrevocable, non exclusive licence (including the right to sub-license) to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any User Content (in whole or part) and/or to incorporate such Content in other works in any form, media or technology now known or developed for the purposes of operating or promotion of the Site.

You agree not to upload, post or otherwise make available on the Site any material protected by any IPR, confidentiality or other proprietary right without the express permission of the owner of the IPR, confidential information or other proprietary right or use the Site for any other illegal purpose and the burden of determining that any material is not protected by copyright or that such permission has been obtained rests with you.

You agree that you shall be solely liable for any damage resulting from any infringement of IPR, confidentiality, proprietary rights, or any other harm resulting from submission of User Content and agree to indemnify us and keep us indemnified against any damage, harm or loss resulting from such a submission.

You agree that you shall be solely responsible for the assessment of whether the Content and Services described on the Site are suitable for your intended use and business.

By making any use of the Site you warrant and represent that you at least 13 years of age and all Registered Sellers shall warrant and represent they are at least 18 years of age.

You agree to not to breach the following use of Site rules:

- you must not register or use more than one username or Stall name.  Any User found using more than one username or Stall name without prior written (emailed) permission will be banned and all relevant accounts will be terminated at our discretion;

- English language must be used for all Content posted on the Site;

- no web shorthand may be used on the Site;

- all Registered Seller provided Content must be properly punctuated and, for example, using entirely capital letters is not permitted; and,

- no posting of links to other websites except for any websites and/ or webpages owned and/ or used by Registered Sellers for the purposes of promoting and/ or selling vintage and/ or retro items owned by Registered Sellers.

Vintassion is pleased to use PayPal payment services on the Site.  PayPal requires all users of its services to comply with the PayPal Acceptable Use Policy.

Seller Transactions & Advertising

Vintassion shall not be liable for any transactions conducted by you with other parties (e.g. Customers) or their remedy arising from your access and use of the Site, including contracts for the sale and purchase of your listed goods and/ or services, which you agree and acknowledge shall be negotiated and concluded solely between you and the other parties using solely the terms agreed between yourselves.    It is your responsibility to use and provide Seller Policies (Terms and Conditions) including your Terms of Sale, Returns Policy and Delivery Policy, for other parties to view before conducting any transactions that are fit for purpose, including the use of  "PayPal Click Here to Buy" Payment Option on one of more of your listed goods and/ or services. 

You agree not to list, offer for sale, sell or provide any of the goods or services that do not relate to the  vintage and retro Site theme or are from the following categories: alcohol; counterfeit currency and stamps; counterfeit trade marked  items; drugs, narcotics, steroids, controlled substances or associated paraphernalia; fireworks; goods that encourage or facilitate criminal acts or civil wrongs; hazardous, restricted and perishable goods; offensive, racist, sexist or bigoted material; pornographic or age restricted material; or weapons including knives, swords, firearms or ammunition for any weapon.

By offering any goods for sale via the Site you warrant that you are the lawful owner of the same and that all information provided regarding the goods, including the type, listing categorisation, quantity, availability and condition of the goods is accurate, complete and up to date.

Without prejudice to our other rights under these Terms, we do not undertake to monitor User provided Content but we reserve the right to edit or remove any Site Content including listings, which in our reasonable opinion is in breach of these Terms and we will not refund any associated Fees.

You acknowledge and agree that we do not have any responsibility to report, calculate, determine or anticipate the payment of any taxes, which may be assessed or owed by any User of the Site in connection with the use of the Site or the Services. You understand and agree that you are solely responsible for the calculation and payment of any taxes that may be incurred as a result of conducting transactions using the Site or the Services.

Limitation of Liability

You acknowledge that the following provision reflects a fair allocation of risk.  These Terms set out our entire liability to you and all other liability of us to you and all warranties relating to the accuracy, suitability or efficacy of any Content or Services is hereby excluded, subject that nothing shall exclude or restrict our liability for fraudulent misrepresentation and/or for death or personal injury (including but not limited to sickness and death) to the extent that such injury results from our negligence or wilful default, or that of our servants, agents or subcontractors.

You agree that our total liability under each Contract shall not exceed (death or personal injury excepted) the Fee paid by you to us pursuant to that Contract, including where such liability arises out of our negligence.

In no event shall we be liable to you whether in Contract, tort, by statute or otherwise in respect of any loss of profits and/or for any special, indirect, incidental or consequential loss or damage arising out of or in connection with the Services or the Content, including without limitation: loss of revenue, loss of anticipated savings, loss of business and/or goods, loss of goodwill, loss of use, loss and/or corruption of data and/or other information or benefits.  For the avoidance of doubt, neither the types of loss and/or damage specified above nor any similar types of loss and/or damage shall constitute direct loss for the purposes of this Agreement.

You agree to notify us of any claim or allegation that the Content infringes any third party rights within ten days of becoming aware of the same.

You agree that we shall not be liable for any loss or damage caused by your reliance on the accuracy or truth of any Content.

You agree that we shall not be liable for any loss or damage caused by the negligence, fraud or inaction of any other User and in particular we shall not be liable for any failure of any User to adequately perform any Contract concluded via the Site or for the inaccuracy of any representation made by another User via the Site.

Indemnities

You will fully indemnify us and keep us and all indemnified against all losses and damages (including loss of profits, special, indirect, incidental or consequential loss or damage, loss of goodwill and without limitation legal costs or sums paid in settlement of any claim or proceedings brought against us by a third party) arising due to any breach of these Terms by you and also in the event of any claim or legal proceedings brought/threatened against us by a third party as a result of your actions.

 Restrictions of the Internet

 You acknowledge that:

-  we have no control over the Internet which is a global decentralised network of computer systems. Accordingly, access to the Site shall not be error free or uninterrupted and may be variable; and,

- information, benefits and other material accessible over the Internet, including via the Site may contain computer viruses, worms, Trojan horses, cancelbots, or other harmful and destructive components. We are not liable and will not be liable for any direct, indirect, incidental or other loss or damages that result or may result from your access to or use of the Internet. We strongly recommend that you maintain sufficient and updated anti-virus software on any hardware used to access the Site and/or access material on the Site.

Downtime

Every effort is made to ensure the continuity of the Site, but some occasional technical downtime beyond our control may occur. Such downtime may prevent you from accessing the Services on the Site for the duration of the down time. We, and our associated service suppliers, shall not be liable if your access to the Services via the Site is delayed or prevented by any cause beyond our control including, for the avoidance of doubt, hosting server downtime.

Confidentiality

In the course of our dealings with you, we may provide you with certain information including information concerning trade secrets, confidential operations, processes, or dealings, concerning the organisation, business, finances, transactions or affairs of Vintassion or its customers or clients. You shall not, except as authorised or required by us or law, divulge or communicate any of this information to any person, persons or company.

Termination & Discontinuance of Services

We may terminate any Registration or Contract, including any license granted thereunder and invalidate your Login at any time upon notice in writing (including by e-mail) to you in the event of any breach by you of the provisions of the Terms including or in the event that you are insolvent or bankrupt within the meaning of the Insolvency Act or any other replacement legislation. 

We reserve the right to discontinue our Site Services and the publication of our Site at any time in our sole discretion with or without notice and will refund you only such portion of payment of Fees related to any Selling Period after the discontinuance of Services.  You shall not be entitled to any other payment upon discontinuance of our Services.

 Notices

Any notice required or permitted under these Terms shall be in writing (which may be by e-mail) and shall be deemed to have been properly given:

- 48 hours after being posted by first class mail (by airmail if sent internationally) with postage prepaid to our office address for us set out in these Terms and for you as set out in the Contract request or other address notified for the purpose; or

- at close of business (17:00 hours local time) on the day of effective transmission if sent by e-mail to admin@vintassion.com.

General

The current version of our Terms will always be published on the Site and any revisions we may make from time to time will apply from the date of publication on the Site, superseding any prior agreements.  You are advised to view the Terms regularly to ensure you are aware of any revisions.

No provision of these Terms shall be enforceable under the Contracts (Rights of Third Parties) Act 1999 by a person who is not party to it, except for the avoidance of doubt by any one or more of our subsidiaries, if any, from time to time.

We may assign our rights or obligations under these Terms at any time.  Subject to the other provisions of these Terms, you may not assign your rights or obligations under these Terms without our prior written consent.

We shall not be liable for failure to meet our obligations under these Terms if we are prevented from or delayed in doing so due to circumstances beyond our reasonable control including, without limitation, acts of God, governmental actions, war or national emergency, acts of terrorism, protests, riot, civil commotion, fire, explosion, flood, epidemic, lock-outs, strikes or other labour disputes, or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials.

Governing Law

These Terms shall be interpreted in accordance with and governed by the laws of England and Wales and the parties shall submit to the exclusive jurisdiction of the courts of England and Wales.  If a court strikes down any of these Terms, the remaining Terms will survive.

Data Protection & Acceptable Use

The Services provided have technical and organisational measures, including appropriate data access controls, to protect against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data.  Please see our Privacy Policy.

You must comply with the Data Protection Act 1988 if you use computers to process personal data relating to any transactions conducted by you with other parties arising from your access and use of the Site, including the sale and purchase of listed goods and/ or services.   For more information see www.dataprotection.gov.uk. 

You warrant and undertake that you shall not, and shall not permit others to:

- conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to the Site without Vintassion’s express written consent;

- use data collected from our Site to contact individuals or companies or other organisations for any reason except for the purpose of communications relating to goods or services listed on the Site; or

- use data collected from our Site for any direct marketing activity, including without limitation email marketing, SMS marketing, and telemarketing.