General terms of use

Introduction

Vinylunity.com (vinylunity) is a site for linking advertisers, whether professionals or non-professionals, wishing to sell a selection of vinyl records of their choice (the Sellers), with potential buyers, whether professionals or non-professionals (the Buyers).

The use of the vinylunity website is subject to the following general terms of use that was last updated on 6/15/11.

Any user of the vinylunity website is therefore invited to take note of and carefully read the general terms of use of the vinylunity website. The use of the vinylunity website implies acceptance of the site's general terms of use.

These Terms of Use are entered into with the company OREADES that hosts the website www.vinylunity.com. OREADES is a Limited Liability Company with capital of 8 000 Euros, registered under French law in the Trade and Companies Register of Nantes under number 43200403400042.

The transactions (purchase/sale of records) on the vinylunity website are also subject to prior and without reservation reading and acceptance of the vinylunity website's general terms of use by the Buyers and the Sellers.

The general terms of use are available on the vinylunity website and especially specify the ordering, payment and delivery terms.

Vinylunity reserves the right to change these general terms of use of the website at any time as well as the general terms of sale and shall inform all its Members by e-mail about it.

1. Membership

Only Members who have joined vinylunity may operate in the vinylunity discussion forum, advertise and carry out transactions (buying or selling) through the vinylunity website. Membership is subject to the prior reading and acceptance and without reservation of all the vinylunity website's terms of use.

Membership to the vinylunity website is reserved for people who are legally capable of entering into agreements under the law of their country.

Membership to the vinylunity website is not open to members and former members who have been temporarily or permanently excluded as long as the exclusion is in force.

Each member has a vinylunity account which is strictly personal. This account cannot be transferred or assigned to a third party.

Vinylunity reserves the right to, without advance notice, suspend or remove the vinylunity account of a member who does not fully comply with the general terms of use of the vinylunity website or the general terms of sale of the vinylunity website.

Each member can have only one vinylunity account.

The information collected during membership is subjected to computer treatment for the management and information of the vinylunity website Members. The recipients of the data are exclusively the managers of the vinylunity website and the other members with whom the transactions take place.

According to the "IT and Freedom" law of January 6, 1978 amended in 2004, each member has the right to access and rectify the information about them, which may be exercised by contacting OREADES 15 Rue Paul Bellamy 44000 NANTES.

Each member may also, for legitimate reasons, oppose the processing of their personal data.

Members may receive marketing offers from the vinylunity website for vinylunity services, if they have not specifically refused.

The vinylunity website has made a CNIL declaration no. 829357.

2. Obligation of the user

Any user of the vinylunity website undertakes:

  • Not to break the law (French law and law of his country of residence) and the rights of third parties in the advertisements published on the vinylunity website or during transactions;
  • To perform its obligations contracted under the sale or purchase transactions on the vinylunity website and especially for the Seller to deliver the record that he has sold meeting the characteristics of the ad published on the vinylunity website and for the Buyer to pay the purchase price of the object;
  • To publish advertisements sincerely describing the record put up for sale and particularly with regard to condition that it is in;
  • To respect in the form or the content of the advertisements published on the vinylunity website, all the regulations in force in France and in the country of the Seller;
  • To respect the intellectual property rights attached to the records sold on the site, including on the sleeve and the illustrations of each record;
  • To never attempt to bypass vinylunity's commission structure. In particular not to attempt to make contact outside the vinylunity website to carry out a transaction on the basis of an advertisement published on the vinylunity website thereby escaping from payment of commission due to vinylunity;
  • To not collect in any manner whatsoever information about users, including e-mail addresses, without their consent for any use whatsoever. The publication of an advertisement on the vinylunity website is conditional to first opening a Paypal account to receive payment of the record's purchase price.

3. Liability of VinylUnity

The sole purpose of the vinylunity service is to link a Seller with 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 third parties such as the Buyer and Seller or any other third party.

Vinylunity cannot be held liable for breach by any of its members of any of its obligations given in point 2.

In case of dispute or fraud, vinylunity reserves the right to provide contact details of the offender to a third party.

4. Continuity of service

Vinylunity freely provides a matchmaking service to the users to facilitate the circulation of analogue media. Therefore, vinylunity disclaims any liability in the event that its service is discontinued.

5. Intellectual Property

The design and graphics of the vinylunity website are considered an original work under the intellectual property law. In compliance with the intellectual property code, the users can use the site only for private purpose. Any reproduction, in whole or in part, of the vinylunity website by a third party without permission is strictly prohibited and constitutes an infringement, which may be prosecuted.