Vinted Inc. Terms & Conditions of use
Date of last revision: December 1, 2016
BEFORE USING OR REGISTERING ON THE SITE, YOU MUST READ THESE TERMS AND CONDITIONS CAREFULLY AND INDICATE YOUR ACCEPTANCE TO THEM IN ACCORDANCE WITH THE INSTRUCTIONS PROVIDED BY VINTED. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, YOU MAY NOT USE THE SITE OR THE SERVICES.
Welcome to the Vinted Inc. (“Vinted”) website (“Site”). Please read these terms and conditions (“Terms and Conditions”) carefully, because they set forth the important terms that you will need to know about the Site and the Services. These Terms and Conditions are binding and must be followed by each individual using the Site irrespective of whether the individual is registered as a User or is using the site as a Visitor without registration.
We reserve the right, at our sole discretion, to change or modify portions of these Terms and Conditions at any time without further notice. You should periodically visit this page to review the current Terms and Conditions so you are aware of any revision to which you are bound. If we do this, we will post the changes to these Terms and Conditions on this page and will indicate on this page the date these terms were last revised. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms and Conditions. If you do not agree to abide by these or any future Terms and Conditions, do not use or access (or continue to use or access) the Site. It is your responsibility to regularly check this page to determine if there have been changes to these Terms and Conditions and to review such changes. Any amendment to the Terms and Conditions published on the Site will be immediately applicable to Users and Visitors.
The following terms shall have the following meanings in these Terms and Conditions:
Additional Services : Additional services provided by Vinted and published on the Site that are not considered part of the Main Services and that may be subject to separate terms and conditions of use.
Catalogue(s) : The corresponding e-catalogue(s), where Items of a certain kind are stored. The assignment of Items to catalogues is determined by Vinted, and all Users shall accede to such assignments.
Delivery : Delivery of Items to the Purchaser or any User, in accordance with the terms and conditions of the relevant Transaction.
Forum : Page on the Site where Users may communicate in public.
Vinted : Vinted Inc., a company registered in Delaware, with business location at C/o AG Accounting 735 Geary st. #303 San Francisco, CA 94109
Items : Clothes, accessories and cosmetics whose circulation is not prohibited under applicable law and that are uploaded by the User to the corresponding Site Catalogue for the purpose of selling or exchanging them, making a Transaction, or for information purposes.
Item Confirmation : A Purchaser’s or User’s confirmation that it has received an Item.
Item Quality : The quality requirements commonly applied in the market for such Items or those quality requirements otherwise agreed between the Purchaser and the Seller as part of the Transaction.
Main Services : The opportunity provided by Vinted, as the Site owner, to Users and Visitors, subject to these Terms and Conditions, to use the Site, including but not limited to uploading the Items to the appropriate Catalogues and/or viewing the Items, participating directly in the exchange or purchase of Items, and communicating among themselves privately or publicly.
News : Short-term or long-term proposals, competitions or new Services published on the Site.
Pricelist : A document that lists the prices for fee-based Services provided by Vinted.
Private Messages : Private communications among Users using the Site messaging system that may be viewed only by such Users.
Purchaser : Any User who intends to purchase one or more Items on the Site.
Seller : Any User who uploads one or more Item(s) to a corresponding Site Catalogue.
Services : All services provided by Vinted through the Site, including Main Services and Additional Services.
Site : The website located at the address http://www.vinted.com, as well as the mobile applications made available by Vinted.
Site Accounts : Vinted’s publicly visible accounts on Facebook, Google+, Twitter, Pinterest, Youtube and other social networks, where information is provided about the Site and the Services, sharing the content published by Users.
Terms and Conditions : The present Terms and Conditions with their appendices and all further and subsequent supplements and amendments.
Transaction : All transactions that transfer the ownership and/or use of an Item from one User to another including but not limited to a sale directly between the Purchaser and the Seller, an exchange or any other transaction made between Users.
User : Any natural person who, after having registered for the Site, is entitled to use all the Services on the Site, in order to satisfy his or her personal needs, not related to a business activity.
User’s Account or Account : The account resulting from a User’s registration on the Site, containing personal data including data with regard to the use of Services on the Site
Visitor : Any natural person not registered for the Services who may use the Site, subject to the Terms and Conditions, to the extent that Vinted does not require registration for such use.
Through the Site, Vinted provides Users a virtual space, including the systematized Catalogues and the Forum, which allows them to participate in the online exchange and/or sale and/or purchase of Items, and to use other Additional Services provided by the Site. Users are able to upload their Items onto the appropriate Catalogue on the Site, to exchange, buy, sell Items, correspond by sending private messages, communicate publicly in the Forum and use other Additional Services provided on the Site.
Becoming a User, uploading Items to the appropriate Catalogues, viewing the Items and communicating privately or publicly on Vinted is free. Vinted charges certain Transaction related fees, as detailed in the Payment and Shipping section of our Terms and Conditions.
When you access the Site through a mobile device, your wireless carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain mobile services may be prohibited or restricted by your carrier, and not all mobile services may work with all carriers or devices.
Site Accounts are constituent parts of the Site. As editor of both the Site and User Accounts, Vinted may place the same information as on the Site on the Site Accounts.
Vinted is a venue
Vinted acts as a venue to allow Users who comply with Vinted's policies to offer, sell, buy, exchange certain goods and communicate privately and publicly. Vinted is not directly involved in the transaction between Sellers and Purchaser. As a result, Vinted has no control over the quality, safety, morality or legality of any aspect of the Items listed, the truth or accuracy of the listings, the ability of Sellers to sell Items or the ability of Purchasers to pay for items. Vinted does not pre-screen users or the content or information provided by users. Vinted cannot ensure that a Purchaser or Seller will actually complete a transaction. Consequently, Vinted does not transfer legal ownership of items from the Seller to the Purchaser. Vinted cannot guarantee the true identity, age, and nationality of a User. Vinted encourages you to communicate directly with potential transaction partners through the tools available on the Site.
You agree that Vinted is a venue and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other Users, or outside parties on Vinted. You use the Vinted service at your own risk.
Placement of Items and Catalogues
The Seller, when uploading an Item into the appropriate Catalogue, must complete the Item placement questionnaire and: describe the Item as exhaustively as possible; indicate defects of the Item, if any; indicate whether or not a warranty is provided for the Item; indicate warranty terms, if any; and indicate the Item price. If the Seller does not indicate Item payment and Delivery conditions, this means the Purchaser is entitled to make an offer to the Seller on the Item payment and Delivery conditions. Only clothes, footwear and accessories may be uploaded to the Catalogue; other goods are not allowed to be subject of a Transaction.
Items uploaded to the Catalogues must be both described in the Item placement questionnaire and photographed. When uploading an Item to a Catalogue, at least one good quality photo of the Item must be placed next to the Item description. It is prohibited to upload photos found on the Internet and uploaded photos must reflect the real quality and external appearance of the Item and show the presence of defects on the Item. Assessment of photo quality is by nature subjective and is at Vinted’s entire discretion. There is no limit on the quantity of Items that may be uploaded to the Site Catalogues; however, it is prohibited to upload the same Item more than once.
Once the Purchaser and the Seller agree on the Item sold and the price, the Purchaser is required to pay for the ordered Item pursuant to the payment terms set forth below under “Payment and Shipping,” and to accept the Item if it complies with the description provided by the Seller. The Seller, by uploading the Item, is deemed to represent and confirm that the Item complies with the description Seller provides and that such description is complete. The placement of Items in the Site Catalogues is free. The Seller, after uploading the Item, shall be entitled to remove it at any time unless he/she is a professional seller. An offer to sell may be retracted at any time prior to its acceptance, but not after.
Items on the Site are purchased and sold by making the Transaction directly between the Purchaser and the Seller and only they are responsible for such Transaction. Except for Vinted’s administrative role regarding payment and shipping, as described below, Vinted is not a party to, does not participate in, and bears no responsibility or liability for, the making or performance of, or otherwise in connection with, such Transaction.
Users are also entitled to exchange/swap Items. In this case, Users make the exchange Transaction directly where Vinted is not a party to, does not participate in, and bears no responsibility or liability for, the making or performance of, or otherwise in connection with, such exchange Transaction.
Vinted provides Payment and Shipping services to facilitate Transactions. Sellers offering items for financial consideration may not refuse to Transact with Purchasers to avoid using the Payment and Shipping services made available by Vinted. Sellers are prohibited from voiding a Transaction with the aim of performing the same Transaction without using the Payment and Shipping services, be it with the same Purchaser or with another Purchaser. A Purchaser and a Seller may, prior to Transacting, mutually agree to opt out of the Payment and Shipping services offered by Vinted and mutually agree payment and shipping methods at their discretion and also at their own risk.
While Vinted is not party to the Transactions, we aim to facilitate a unique and friendly experience for all Users. If a Purchaser receives the wrong item, one that is faulty, fake or significantly not as described by the Seller, said Purchaser should notify our Community Support team using our Help Center within 2 days of Item delivery. We will hold payments if they have been made via our Payment Services while we encourage Seller and Purchaser to find an amicable solution. We cannot guarantee that such a solution may be found. If a refund is made, it will be for the Item value only, unless the shipping fees have not yet been incurred.
Every User and Visitor, before using the Forum, must read and agree to comply with the Forum regulations here .
Both Users and Visitors may read the Forum, whereas the ability to post messages to the Forum is reserved to Users. Users, after registering in the Forum, may create themes using their user names or anonymously. Vinted shall not be responsible if, due to the User’s or any third party’s actions, or any actions beyond Vinted’s reasonable control, the identity of a User who posted a message or theme is made public.
With respect to the use of the Forum, Vinted strictly prohibits, and you agree not to engage in: the use of swear words; insulting other Users and Visitors; incitement to crimes and offenses; discrimination, hate speech or violent language of any kind, including such language related to race, ethnic origin or nationality; false or malicious news; libel or slander or other defamatory allegations; offenses against individual privacy; the uploading of indecent materials or the use of the Forum in any matter that is inconsistent with applicable laws or such as to injure Vinted’s business reputation.
Further, it is strictly prohibited in the Forum to publish advertising messages, place links to other websites, offer goods for purchase and sale, announce or organize auctions for Transactions of Items, or perform other commercial actions. Advertisements regarding personal Items to be sold and information about any services may be placed only in the special column referred to as “Advertisement Corner”.
If a User or a Visitor sends Private Messages to another User, he or she must ensure that he or she is not sending: (i) messages or information of an advertising character; (ii) spam or content disseminating viruses or swarms; (iii) mass messages of any other type (e.g., when one message is sent to more than five Users or when the same message is copied and sent to the Users who have not requested such information); (iv) messages containing texts or content that are unlawful or that would otherwise contravene any applicable laws, common moral precepts or public order, or messages that would be insulting; or (v) messages that harm, attempt to harm or may harm other Users, this Site or Vinted’s business or reputation, or would be otherwise in conflict with these Terms and Conditions.
Feedback Exchange Among Users
A User is entitled to write comments about another User, only if a Transaction has been made between them. In all cases, the feedback of one User related to another should be just, honest and respectful. Lies and insults against each other and the publication of false information through any of the Services provided on this Site or otherwise by Vinted is strictly prohibited.
Vinted is entitled to remove from the Site comments that are false, insulting or violate these Terms and Conditions or the rights of other Users, including Users who did not have the right to post comments under the provisions set forth in these Terms and Conditions. Visitors shall not be able to post comments regarding Users.
News and Communications
Vinted is entitled at any time to publish on the Site new short-term or long-term proposals, competitions, games or sweepstakes (collectively, “Contests”) complying with U.S. law, to propose new Services, and to amend these Terms and Conditions accordingly. In the case of inconsistencies between these Terms and Conditions and special terms and conditions published on the Site regarding any of the foregoing, such as regulations, instructions or descriptions about such Contests, the latter shall prevail.
PAYMENT AND SHIPPING
Vinted is entitled to receive remuneration for the Services according to the prices indicated in the Pricelist, available here . You acknowledge and agree that Vinted is entitled, at its sole discretion, to change the Pricelist. Vinted shall post such changes on the Site. Unless otherwise stated, all fees are quoted in U.S. Dollars.
In addition to the payment of the applicable purchase price for a purchased item and remuneration for paid Vinted Services (as indicated in the Pricelist ), Purchasers are responsible for paying all shipping costs to Vinted and all applicable sales, excise, import, export, VAT and other taxes or duties associated with the purchase and sale of any items through the Service.
All such shipping costs, remunerations for paid Vinted Services and taxes are not included in the listed price for any items made available from Sellers through the Service, but will be displayed to Purchasers before confirmation of any purchase. The Purchaser is responsible for the proper and timely payment of the ordered Item in accordance with the conditions communicated by the Seller in public or according to the mutually agreed conditions.
Sellers are responsible for all income taxes associated with the purchase and sale of any items through the Service. All shipping costs paid will be retained by Vinted. The amount to be received by the Seller is shown at the time of item upload.
If you make any purchase through the Site using a credit card, you must have a valid credit card on file with Vinted. Vinted will (through a third party credit card processor) store your credit card information. Vinted will verify your credit card information (including expiration date and billing address), but will not charge your credit card unless you conduct an activity through the Site that requires your credit card to be charged. By agreeing to pay for a Transaction with your credit card, you authorize Vinted to charge your credit card.
For Transactions using Vinted’s payment and shipping services, following confirmation of a Transaction through the Service and payment of the required amount by Purchaser, Vinted will notify the Seller and send to the Seller’s address indicated in the Seller’s account information a pre-paid shipping label for Seller to ship the purchased Item to the Purchaser. The Seller must ship the purchased Item using the shipping label (and corresponding shipping method) required by Vinted within three days after receipt of such shipping label. Upon receipt of Item Confirmation, Vinted will credit Seller’s account in an amount equal to the purchase price received from the Purchaser. Purchaser must confirm his acceptance within 2 days after receipt of the purchased Item. If Purchaser does not respond within such time period, the purchased Item will be deemed accepted. Any funds credited to Seller’s account may be redeemed by Seller through a permitted third party payment provider.
All Users and Visitors acknowledge and agree that Vinted is not required to verify (though it has the right to do so), and therefore cannot be held responsible for: (i) any Users’ actions or inactions related to the Site or Services; (ii) any information that Users post on the Site, its themes, accuracy, comprehensiveness and/or compliance with applicable law; or (iii) any Items that Users sell or exchange through the Site and Services. Every User is responsible for all information it posts on the Site and must comply with all applicable laws related to information or materials communicated or made available to the public. In particular, but without limitation, Users and Visitors must not: (a) infringe any third-party rights, (b) incite to crimes and offenses, discrimination, or hate or violence in consideration race, ethnic origin or nationality; (c) provide false news or unauthorized information; (d) commit libel or slander; (e) commit acts which may endanger minors; (f) publish personal data of other individuals or breach privacy or data protection rights or laws, or (g) use the identities of other individuals.
You agree and acknowledge that Vinted is not responsible for the quality and quantity of the Items sold or purchased through the Site or their compliance with any related descriptions. Every User is directly responsible for the information he or she posts on the Site, and the Items that he or she posts, sells, exchanges or otherwise transfers to other Users. You acknowledge and agree that: (i) Vinted is not responsible for any damage, whether material or not, experienced by natural or legal persons and which could arise directly or indirectly as a consequence of information that other Users post on the Site; and (ii) only the information provider is responsible for the accuracy of the information posted on the Site and its compliance with all applicable laws.
The Seller is responsible for the uploading of his Item to the Catalogue for sale, and for accurately completing the Item upload questionnaire. In no case will Vinted check the information during the User’s uploading of Items into corresponding Catalogues. Therefore, you acknowledge and agree that only the User himself or herself is responsible for the Item uploading to the corresponding Catalogue, its description, the Seller’s confirmations, the accuracy of other information provided, and the content of all communications with other Users. Only the User is responsible for making Transactions with other Users, and for the determination of mutual conditions, settlements, and the resolution of any disputes related to Item Delivery/Non-delivery, Item Quality and other disputes, arising from the relations among the Users on or otherwise related to the Site and Services.
You acknowledge and agree that Vinted takes no responsibility for (i) any intellectual property infringement arising from a User’s uploading of photos or any other information or material into the Catalogue; or (ii) any disputes between the Purchasers and the Sellers and shall not participate or otherwise have any involvement in their resolution. Those dispute resolutions shall be settled in accordance with applicable law.
USERS’ RIGHTS, RESPONSIBILITIES, REPRESENTATIONS AND WARRANTIES
Rights, Obligations and Responsibilities
Users undertake the following: (i) when registering on the Site to provide true information about himself or herself, including his or her real name, gender, birth date, city and email address; (ii) to sign up for the Site only once and not to create more than one Account, except for the case when his or her Account has become known and/or accessible to other third parties, but only after informing Vinted in writing, who shall have the right to block the old Account; (iii) not to use the Site and/or Services for performance of unlawful actions or transactions or frauds; (iv) to provide objective, correct, comprehensive and detailed information about the proposed exchange and/or sale of Items; (v) not to copy or to otherwise make an illegal use, of information placed on the Site that was uploaded by Vinted or any other User of the Site; and (vi) to ensure that the proposed price for exchange and/or sale of Items and other related information is correct.
Users and Visitors undertake that, in using the Site and Services, they will: (i) not upload or otherwise provide and materials, information or data, including e-data, such as files, computer programs and private messages (collectively, “Data”), that are misleading or false; (ii) not promote the sale of any goods whose circulation is prohibited or restricted; (iii) not use photos (a) for which he or she does not own the relevant intellectual property rights (typically, these are photos found on the Internet), (b) that contain links to other websites, (c) where people other than him or her are visible, unless such individuals gave their consent for such photo to be published, or (d) that are erotic or pornographic photos, or otherwise contrary to law; (iv) neither directly nor indirectly use any trademarks in the descriptions of Items without having obtained the intellectual property rights to do so (except for such use as would be considered fair use under trademark law); (v) not knowingly propose to sell/purchase/exchange/or otherwise transfer Items that were produced in violation of any intellectual property rights; (vi) not infringe property rights or personal non-property rights of third parties (including intellectual property rights); (vii) not violate any applicable laws or regulations; and (viii) not upload any Data that is contrary to law or contains any viruses or other computer programs or files that may (a) interfere with the normal operation of the Site and/or Services, (b) be placed on the Users’ computers and therefore cause damage to the User or his property, or impede a User’s use of the Site or Services and the User’s computer.
Further, Users and Visitors undertake not to collect, accumulate, transfer into other media, make available in public, publish or disclose data obtained through the Site that is related to other Users, including data related to Transactions, their number, type, prices, and the like. Users and Visitor further undertake not to collect, accumulate, transfer into other media, make available in public, publish or disclose information existing on the Site, if this could infringe the rights and legal interests of other Users. This restriction is not applicable to the “share” function on the Site that provides an opportunity for Users to share certain information and email each other.
Vinted is not responsible for any User`s behavior while using the Site or the Services. In particular, Vinted is not responsible for any improper performance or non-performance of any Transactions by a User.
You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (i) immediately notify Vinted of any unauthorized use of your password or account or any other breach of security, and (ii) ensure that you exit from your account at the end of each session when accessing the Service. Vinted will not be liable for any loss or damage arising from your failure to comply with these obligations.
Users undertake to promptly update any information on the Site that becomes irrelevant, outdated or inapplicable due to any changes in the User’s previously submitted data about himself or herself (particularly, all data submitted during registration at the Site), as well as information on the Items uploaded to the Catalogues and their status.
Representations and Warranties
When using the Site, you represent and warrant that you: (i) are a natural person, 18 years old or older (Individuals under the age of 18 must at all times use Vinted's services only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age. In this all cases, the adult is the user and is responsible for any and all activities), using all the Services on the Site in order to satisfy your personal needs and not for or in connection with any business activity, and have full capacity and rights to make and perform the Transactions on the Site; (ii) shall properly comply with all of your obligations as set forth in these Terms and Conditions and any other Site Regulations; (iii) shall be fully and exclusively responsible for any Transactions you make through the Site; (iv) after ordering an Item, shall purchase or exchange such Item, and that you understand that the non-performance of such Transaction may result in an obligation to provide full compensation for any losses incurred by the Seller; (v) shall pay any and all taxes related to the use of the Services and any Transactions; and (vi) shall promptly pay Vinted for any paid Services pursuant to the fees and procedures specified in the Pricelist .
RIGHTS AND RESPONSIBILITIES OF VINTED
Vinted has the right (but is not required to), with an aim of removing illegal content, to observe at any time the User’s and Visitor’s actions, and the Users and the Visitors hereby agree to the same. While using lawful measures, Vinted is entitled to investigate any breach of these Terms and Conditions, and inform the appropriate law enforcement institutions thereof.
Vinted, aiming to protect the Site Users and Visitors from frauds, identity thefts, bad Transactions and other offenses, may collect data about the User and its conduct, including, but not limited to, whether the User is in breach of these Terms and Conditions and other Site Regulations, e.g., by insulting other Users, providing false information, infringing copyrights, using viruses, stealing identities, committing fraud and the like.
Vinted is entitled at any time to remove from the Site the Items uploaded by the User into the Catalogues or any other information provided by the User if such Items or information violate these Terms and Conditions or applicable law.
Vinted is entitled at any time to rearrange the Catalogues, advertisement spaces or any other uploaded or posted information regarding the Items, provided that such changes do not substantially alter the content of the information provided by the User, in order to make the use of the Site more convenient or user friendly or otherwise as necessary to advance the aims of the Site. Vinted is entitled to publish the News, including the description, instructions or rules related to the News.
Vinted is entitled at any time, at its sole discretion and subject to prior written notice, to terminate its legal relationship pursuant to these Terms and Condition or otherwise with any User. A User is entitled to terminate his or her legal relations with Vinted at any time after performance of all of his or her obligations and cancellation of his or her Account on the Site.
Vinted is entitled at any time to unilaterally terminate or suspend or transfer to third parties the operation of the Site, and, to the extent practicable, shall use commercially reasonable efforts to provide Users with notification of the same.
THIRD PARTY SERVICES
You may register for the Services using third party services (e.g., Facebook Connect) and otherwise enable various third party services to be directly integrated into your Vinted experience. By enabling third party services within the Service, you are allowing us to pass your log-in information to these service providers for this purpose. Please remember that the manner in which third party services use, store and disclose your information is governed solely by the policies of such third parties, and Vinted shall have no liability or responsibility for the privacy practices or other actions of any third party site or service that may be enabled within the Service. In addition, Vinted is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with third party services. As such, Vinted is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third party service. Vinted enables these features merely as a convenience and the inclusion of such features does not imply an endorsement or recommendation.
By listing or selling items on Vinted you also agree to be bound by Stripe’s Terms: https://stripe.com/connect/account-terms
ADDITIONAL AND GENERAL LEGAL PROVISIONS
The contents of the Site, such as text, graphics, images, trademarks, service marks, logos and other material (collectively “Material”), are protected by copyright and other intellectual property laws under both United States and foreign laws. Unauthorized use of the Material may violate copyright, trademark, and other laws. You must retain all copyright and other proprietary notices contained in the original Material on any copy you make of the Material. You may not sell or modify the Material or reproduce, display, publicly perform, distribute, or otherwise use the Material in any way for any public or commercial purpose. The use of the Material on any other Web site or in a networked computer environment for any purpose is prohibited.
The Material may contain inaccuracies or typographical errors. Vinted makes no representations about the accuracy, reliability, completeness, or timeliness of the Material or about the results to be obtained from using the Site and the Material. The use of the Site and the Material is at your own risk. Changes are periodically made to the Site and may be made at any time.
VINTED DOES NOT WARRANT THAT THE SITE WILL OPERATE ERROR-FREE OR THAT THE SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL GOODS. IF YOUR USE OF THE SITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, VINTED IS NOT RESPONSIBLE FOR THOSE COSTS.
THE SITE, SERVICES AND MATERIAL ARE PROVIDED ON AN ‘AS IS’ BASIS WITHOUT ANY WARRANTIES OF ANY KIND. VINTED, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES INCLUDING THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE. VINTED MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE TEXT, GRAPHICS, AND LINKS.
Disclaimer of Consequential Damages
IN NO EVENT SHALL VINTED BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE SITE, THE SERVICES AND THE MATERIAL, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Generally, and unless expressly stated otherwise, any communication which you post to the Site in considered to be non-confidential. By posting communications to the Site, you automatically grant Vinted a royalty-free, perpetual, irrevocable nonexclusive, transferable license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicenses.
You acknowledge and agree that when you create a listing for an Item on Vinted, its affiliate companies you automatically grant Vinted and its Users the right to display, edit, modify and otherwise use and reuse the photos you submitted with the listing (or any portions thereof) in any manner, in any medium now known or hereinafter created, for commercial purposes (Vinted and its affiliate companies) and for the purpose of relisting and reselling the same item on Vinted (for Vinted Users).
Vinted does not screen communications in advance and is not responsible for screening or monitoring material posted by Users. If notified by a User of communications which allegedly do not conform to these Terms and Conditions, Vinted may investigate the allegation and determine in good faith and its sole discretion whether to remove or request the removal of the communication. Vinted has no liability or responsibility to Users for performance or nonperformance of such activities. Vinted reserves the right to expel Users and prevent their further access to the Site for violating these Terms and Conditions or applicable law and the right to remove communications which are abusive, illegal, or disruptive.
Links to Other Sites
The Site may contain links to third party Web sites. These links are provided solely as a convenience to you and not as an endorsement by Vinted of the contents on such third-party Web sites. Vinted is not responsible for the content of linked third-party sites and does not make any representation regarding the content or accuracy of materials on such third party Web sites. If you decide to access linked third-party Web site, you do so at your own risk.
Limitation of Liability
THE AGGREGATE LIABILITY OF VINTED TO YOU FOR ALL CLAIMS ARISING FROM THE SITE, THE SERVICES AND THE MATERIALS IS LIMITED TO US$500.00.
You agree to defend, indemnify, and hold harmless Vinted, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Site, the Services or the Material or your breach of these Terms and Conditions. Vinted shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim suit or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding.
This Agreement is governed by the internal substantive laws of the State of California without respect to its conflict of laws principles. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any provision of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided in any other Site Regulations, these Terms and Conditions constitute the entire agreement between you and Vinted with respect to the use of the Site, the Services and the Materials. Any changes to these Terms and Conditions must be made in writing, signed by an authorized representative of Vinted.
Compliance with the Digital Millennium Copyright Act and Notifications
Vinted respects the rights of all copyright holders and in this regard, we have adopted and implemented a policy that provides for the termination in appropriate circumstances of users of this Site who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information required by the Digital Millennium Copyright Act, 17 U.S.C. Section 512:
(a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(b) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
(c) Identification of the content that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and the information reasonably sufficient to permit Vinted to locate the content;
(d) Information reasonably sufficient to permit Vinted to contact the complaining party;
(e) A statement that the complaining party has a good faith belief that the use of the content in the manner complained of is not authorized by the copyright owner, its agent, or the law;
(f) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
For copyright inquiries under the Digital Millennium Copyright Act, please contact Vinted’s Copyright Agent at:
Attn : Copyright Agent
C/o AG Accounting
735 Geary st. #303 San Francisco, CA 94109
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