General terms of sale
Article 1 - GENERAL INFORMATION
These general conditions of sale apply to all commercial transactions made by the Sellers through the vinylunity website. Therefore, any purchase or sale through the vinylunity website implies unconditional acceptance to these general terms of sale by the Seller and the Buyer. The general terms mainly specify the terms of order, payment, commission to vinylunity and delivery. The contractual information is given in French and will require confirmation along with the contractual information issued by the user during the online purchase process.
The general terms of sale were last updated on 6/15/11.
Vinylunity reserves the right to change these general terms of sale at any time. In this case, each Member of the vinylunity website shall be notified by e-mail about the changes made and their date of coming into force.
Article 2 – IDENTIFICATION OF THE VINYLUNITY SITE'S HOST
The company OREADES is hosting the www.vinylunity.com (vinylunity) site. It is a limited liability company with capital of 8000 Euros – France, registered with the Trade and Companies Register of Nantes under number 43200403400042.
The company OREADES offers a matchmaking service between a Buyer and a Seller that is remunerated through a commission in application of these general terms of sale.
It is again repeated that the sole purpose of the vinylunity service is to connect a Seller and a Buyer. Under no circumstances, vinylunity, its managers, representatives or constituents may be held liable for any damage that may occur in a relationship between the Seller and the Buyer.
Article 3 - GENERAL DESCRIPTION OF THE RECORDS
Each Seller has the option to sell a selection of records of his choice on the VinylUnity website. For this purpose, the Seller shall inform the website users about the essential characteristics of the records that can be ordered, namely: name of the artist, name of the record, selling price including all taxes, label, style, format, condition, number of titles, approximate length, and year of release. The Seller must also specify whether it is an original pressing and whether the sleeve is also original.
As an option and without extra cost, the Seller may also include the following in his ad:
- a photograph of the sleeve of the record for sale after duly verifying that the sleeve is copyright-free, and/or
- sound illustrations (clips only)
As such, the Seller is liable for the illustrations published on the vinylunity website. The vinylunity website may temporarily or permanently remove these illustrations if a claim is submitted to it by a holder of the rights.
Article 4 - RATES
4.2: Advertisement rates
The posting, editing and viewing of the advertisements is free.
4.2: Sale price of the records
The selling prices of the records on the vinylunity website are freely set by the Sellers and are displayed in the currency of the Seller's country. These prices are firm and final and non-negotiable.
The price of the record will be converted automatically by the Paypal system in the currencies available for this system.
The ads carry the selling price including all taxes and excluding delivery charges. The records ordered will be billed based on the rates in effect when the orders are registered, subject to availability on that date, typographical errors and printing.
If the Buyer elects for delivery by mail, he will always be informed about the delivery charges associated with his order (billed in addition to the selling price) before his order is finally registered, and the Buyer will be requested to make payment for the full amount of the purchase. Delivery rates are independent of the vinylunity website.
The Seller will do the needful about the tax issues relating to the collection of VAT or any other indirect tax to be levied on the sale under the laws of his country. The Seller may in particular issue invoices clearly identifying the selling price excluding taxes and the sale price inclusive of all taxes.
When the sale is made to export destinations, the Buyer shall bear all costs of customs clearance and import duties.
4.3: Commission to vinylunity
vinylunity shall routinely receive a 5% commission on the price inclusive of all taxes (excluding shipping) on each sale made through vinylunity.
vinylunity's commission shall be automatically paid to the company OREADES by Paypal.
Article 5 - ORDER
When the Buyer clicks on the "validate" icon, the sale is declared complete. The Buyer is then irrevocably bound, except under the specific cancellation period terms given in Article 12 of these general terms of sale.
The sale is considered firm and final after the Buyer receives an e-mail confirming acknowledgement of the order and about receiving of the full price.
Article 6 - AVAILABILITY
The "in stock" record offers are valid while supplies last as displayed on the vinylunity website. These are theoretical stocks maintained by a real-time database independent of the actual management of inventories of the Sellers.
The Seller undertakes to remove any record from the vinylunity database that may no longer be available for sale before it is purchased on the vinylunity website.
However, if a shortage of stock is noted, the Seller will contact the Buyer by E-mail at the earliest. The Buyer shall then have the following options:
- to find a substitute record at the same price from the same Seller;
- to simply cancel the order and demand its full reimbursement from the Seller.
Article 7 - PAYMENT
The orders are payable in the Seller's currency.
The Buyer may elect to pay for the order to the Seller by a bank card through Paypal or through his Paypal account.
The Buyer guarantees to the Seller at the time of confirming the purchase order that he has all required permissions to use this method of payment. The Buyer is responsible for paying for the ordered record.
The company Oréades, which is hosting the vinylunity website shall not be liable for the payment problems associated with the operation of the e-commerce service.
The vinylunity website is covered by a SSL encryption based security system adopted through PayPal. The banking information of the users directly entered on the Paypal website will be stored on the Paypal servers, which guarantees maximum security in the form of tamper-proof encrypted data.
Article 8 - DELIVERY
8.1: Methods of delivery.
Deliveries of records sold through the vinylunity website will be made at the Buyer's discretion:
- either by mail according to the shipping methods freely chosen by the Seller;
- or personally delivered by the Seller during a meeting arranged with the Buyer or if the Seller is a professional having a store then at the Seller's shop during normal business hours.
8.1.1 Shipping by mail
When the records are dispatched, they shall be delivered at the address given by the Buyer on the purchase order.
The Buyer can, on his request, get a billing address different from the delivery address, by mentioning it on the purchase order as is indicated to him.
The Seller is free to choose the transport company and the methods of dispatch, with or without acknowledgement.
8.2.2 Personal delivery
If the Buyer chooses for his order to be personally delivered, he shall be notified about the Seller's contact details through an E-mail so that he can arrange a meeting for the delivery of his order or to know the store's business hours if the Seller is a professional having a store.
If the Buyer and the Seller are not able to meet for this delivery, the purchased record will be held by the Seller on the Buyer's account for one year from the date of the order, after which, if the record has not been collected by the Buyer, the record may be resold by the Seller and the resale price (net of the commission to vinylunity) will be returned to the Buyer if he so requests.
The Seller may ask for an acknowledgement when personally delivering the record.
8.2: Delivery problems
The delivery is made by handing over the record to the Buyer at the place indicated by the Buyer when placing the order.
When the record is delivered by a transport company against signature on a receiving slip, the Buyer must mention any anomaly concerning the delivery (damaged package, etc.) on the slip in the form of handwritten reservations, accompanied by his signature. This verification is deemed as made when the Buyer, or a person authorised by him, has signed the delivery slip.
If at the time of delivery, the original packing is damaged, torn or open, the Buyer should then check the condition of the items. If they have been damaged, the Buyer must inform the Seller about it within three (3) days. Or else, no claim by the Buyer shall be accepted.
8.3: Delivery errors or anomalies
In case of an anomaly or error concerning the delivery (such as damages, broken products, damaged goods) and/or non-compliance of the goods in looks or in quality as compared to indications given on the delivery slip, the Buyer must notify Seller and vinylunity under the following conditions:
- On the same day (on the delivery slip as "handwritten reservations", accompanied by the Buyer's signature, the slip should be handed over to the transport company at the time of delivery) or
- Latest within three (3) days of delivery by contacting the Seller mentioned on the order form (with acknowledgement date acting as proof or if shipped without acknowledgement of receipt then the shipping date plus seven days acting as proof).
Through this method, an authorisation for return (along with the bill number assigned by the Seller), will be sent to the Buyer by E-mail.
Any claim that is not made under the rules defined above and within the stated time, will not be taken into account and will release the Seller from any liability vis-à-vis the Buyer. The Buyer shall bear the charges for the product's return.
In case of delivery or exchange error, any product to be exchanged must be returned in its entirety and in its original packing. The Buyer then has the option of requesting for the record to be exchanged subject to availability, or for being refunded if it is not available, or for it to be replaced by another record of the same price.
The same provisions apply if delivered personally, given that in this case the Buyer shall not take the record with him if error or anomaly is visible upon delivery by the Seller.
8.4: Product returns
In case of a product return, the reimbursement shall be made based on the method of payment used by the Buyer on ordering by credit either into the Buyer's Paypal account or into the Buyer's bank account that was used to place the order.
Article 9 – DELIVERY PERIOD
The delivery periods will depend on the items ordered and the method of delivery selected.
If the Buyer opts for the record to be personally delivered, the Buyer must contact the Seller within three (3) days following the order to arrange a meeting between them for the record's delivery.
If the Buyer opts for his order to be shipped, the Seller undertakes, with an eye towards service quality, to ship the order within three (3) business days following the placement of order.
If this shipping deadline is not followed, the Seller may risk cancellation of the sale at his own expense and without compensation for the shipping and return expenses.
Article 10 – GUARANTEE CONDITIONS
The Seller guarantees the quality of the records that he is selling through the vinylunity website at the time of their delivery.
The Seller therefore undertakes to deliver the records identical in all respects to their detailed description on the vinylunity website.
In case of user complaints, vinylunity reserves the right to exclude the offender without advance notice and without having to give any reason, or pay any compensation in any capacity whatsoever.
Article 11 – RETENTION OF OWNERSHIP CLAUSE
The records sold through the vinylunity website, as defined in the purchase order shall remain the Seller's property until full payment has been made by the Buyer. Up to the end of the retention of ownership, the Buyer shall bear the burden of risk for loss or destruction of the item sold from the time of its delivery.
In case of the Seller's court-ordered reconstruction or liquidation, the ownership of the records delivered and yet unpaid may be claimed by the Buyer.
In case of resale of records sold through vinylunity while the Buyer has not paid the full price, the Seller undertakes to inform any purchaser of this retention of ownership clause binding the said records and of the Buyer's right to claim in his possession, either the records in question, or their price.
Article 12 – RIGHT OF WITHDRAWAL
This article is only applicable when a sale has been concluded between an individual buyer and a professional.
In compliance with Articles L 121-16 and those following of the Consumer Code, when a sale is made between an individual consumer and a professional through the vinylunity website, the individual Buyer shall have seven (7) clear days after delivery of the record purchased on the site, to return the said record to the Seller for reimbursement only, without penalty, except for the cost of return. The record should be returned in its original packing.
Upon receipt of the record returned by the Buyer, the Seller will send a confirmation of receipt of the said record by E-mail. The refund of the record's selling price excluding shipping charges shall be made based on the method of payment used by the Buyer on ordering by credit either into the Buyer's Paypal account or into the Buyer's bank account used for making the purchase within maximum thirty (30) days from the date of receipt by the Seller of the record that was returned to him. In application of this right of withdrawal, all costs and risks related to the return of a record are to be solely borne by the individual Buyer.
Article 13 - REFUND
Any refund shall be made based on the method of payment used by the Buyer on ordering by credit through Paypal either into the Buyer's Paypal account or into the Buyer's bank account used for ordering within thirty (30) days from the payment of the selling price.
No refund is possible of the shipping expenses.
If the selling price is refunded by the Seller to the Buyer, vinylunity's commission shall not be returned by vinylunity. vinylunity's commission shall be borne by the Seller unless the Buyer and the Seller agree otherwise by mutual agreement.
Article 14 - FORCE MAJEURE
The Seller is not liable for non-execution or delay in execution of any of its obligations if it results from an act independent of his control and beyond his control. This includes any external, unforeseeable and irresistible event as described in article 1148 of the Civil Code.
Article 16 – APPLICABLE LAW
These general terms of sale are governed, both for their interpretation and their implementation, by the French law. In case of dispute, the user shall first contact vinylunity to try and find an amicable solution.
If no amicable solution can be found between the parties, the territorial jurisdiction is exclusively granted to the competent court located in Paris (France).
Article 17 – PERSONAL INFORMATION
The information collected by the Seller during any order placed by the Buyer is necessary for the management of his order. In compliance with the IT and Freedom act no. 78-17 dated 6 January 1978, the Buyer has the right of access, rectification, refusal and deletion of his data available with the Seller.
Article 18 - PROOF
The computerised logs maintained in the computer systems of each party, under conditions of reasonable safety, shall be accepted as proof of the communication, agreements and payments made between the parties. Under Article L134-2 of the Consumer Code, when an electronic contract greater than or equal to 120 Euros is entered into, the Seller undertakes to conserve it for a period of 10 years.