Vinted Terms and Conditions of use
GENERAL CONDITIONS OF USE - new version applicable from 15 June 2022
The platform VINTED (hereinafter referred to as the "Site") is managed and hosted by the company **Vinted Canada Ltd. **(in Quebec registered as ‘Entreprise Vinted Canada’) (hereinafter referred to as "VINTED"), located at Suite 2300, Bentall 5, 550 Burrard Street, Vancouver, BC V6C 2B5, Canada.
1.1 These Terms and Conditions define the relationship between VINTED and the Users or Visitors as well as the relationship between Users, Visitors or Users and Visitors. By using or accessing the Site Users and Visitors agree to be legally bound by these Terms.
1.2 You may contact VINTED by completing the form available here.
1.3 The Site gives the User the opportunity to become involved with the sale and/or purchase of Items, and to use the other Additional Services offered by the Site.
1.4 The Services are not intended for:
- minors (individuals that are not the legal age of majority under applicable legislation in the province of territory in which they reside at the time they accept these Terms and Conditions). Minors are allowed to register on and use the platform only under the supervision and agreement from their parent or legal guardian (adult);
- Professional or commercial sellers.
1.6 VINTED may unilaterally change or modify all or some of the provisions of these Terms and Conditions. If VINTED makes such changes, it will inform the User thereof and give the User a thirty (30) day period to reject the updated terms and conditions, which the User can do by deleting his/her Account. By continuing to access and/or use the Site after such changes come into effect, the User is deemed to have accepted the new terms and conditions.
The following terms when used throughout these Terms and Conditions have the meanings set out below. All other defined terms used throughout these Terms and Conditions are capitalized when they are used.
Additional Service(s) – means any payable services such as Buyer Protection which may be provided and offered by VINTED on the Site, which are not Main Services and which may be subject to separate conditions of use.
Buyer – means any User who buys or wishes to buy one or more Item(s) on the Site;
Buyer Protection – means the paid service proposed by VINTED which provides Buyers with reimbursement and other services when entering into a Transaction on the Site, as detailed in section 6 of these Terms and Conditions.
Catalogue – means the electronic catalogue on the Site in which the same kind of Items are listed for sale by Sellers.;
Integrated Payment and Shipping – means the Service offered by VINTED consisting of Integrated Payment and Integrated Shipping, facilitating and securing the payment and delivery of an Item which is subject to a Transaction concluded on the Site.
Integrated Payment Service– means the online payment service available in relation to sales contracts concluded on the Site that is facilitated by a third party payment processor, Stripe Payments Canada, Ltd. a limited liability company registered in Vancouver, British Columbia, Canada, , under the registration number BC0931840 (“Stripe”);
Integrated Shipping – means the shipping and delivery made available in relation to Transactions concluded on the Site, enabling the Seller to deliver the Item to the Buyer, with the shipping, transport and delivery services being undertaken by one of the partners of VINTED as detailed in section 8.
Items – means the goods/items whose sale is not forbidden by federal, provincial, territorial or local applicable law or prohibited by the Catalogue Rules and that are listed by the User in the Site’s corresponding Catalogue, in order to sell them.
Main Services – means the option offered by VINTED to Users and, when applicable, Visitors, to list the Items in the relevant Catalogue, to examine the Items, to directly participate in purchase-sale Transactions concluded on the Site and to communicate in private and/or in public on the Site.
Multi-Seller-Cart Transaction - means where a Buyer has added Items from different Sellers to his/her cart and enters into Transactions with the different Sellers by simultaneously accepting their offers.
News – means content shared by VINTED on the Site relating in particular to short and long-term offers, competitions or new Services published on the Site.
Public Comments - means the comments accessible for every User or Visitor of the Site, which can be posted by every User in the respective section of the product detail page of each Item listed in the Catalogue.
Private Messages – means private messages between Users via the Site’s messaging system, which can only be accessed by the Users concerned.
Seller – means any User who lists one or more Item(s) in the relevant Catalogue of the Site.
Services – means all the services offered by the Site, including the Main Services and the Additional Services.
Significantly Not as Described - has the meaning stipulated in section 4.6 of these Terms and Conditions.
Site – means the VINTED website, as well as the mobile applications of the VINTED platform downloaded on smartphones or tablets.
Shopping Credit(s) - means promotional coupon credits accrued on the User account that can be used toward future purchases on the Site.
Social networks Accounts – means VINTED’s accounts on Facebook, Google+, Twitter, Instagram, Pinterest, YouTube and other social networks where information is provided about the Site and the Services it offers, sharing the contents published by Users.
Transaction – means a sales contract concluded directly between the Buyer and the Seller which takes place on the Site in accordance with these Terms and Conditions and which results in the transfer of ownership of one or more Items from the Seller to the Buyer. For the avoidance of doubt, VINTED is not a party to any Transaction.
User – means any individual who has created an account on the Site and has accepted these Terms, and is a consumer under applicable consumer protection legislation, acting for personal, family or household purposes and not in connection with a professional or business purpose or activity
User account or Account – means the User’s account created upon registration on the Site; the created account contains personal information.
Visitor – means any individual not signed-up on the Site likely to use the Site without being registered, in accordance with the Terms and Conditions.
3.1 VINTED is an online intermediary hosting service and offers Services in facilitating Transactions, namely the Site and a systematized Catalogue. Users can list their Items in the Catalogue on the Site to buy or sell Items listed on the Site, use the Integrated Payment and Shipping for this, communicate with other Users by sending Private Messages or by posting Public Comments and purchase any chargeable Additional Services offered by the Site at a given time.
3.2 VINTED is not a party to any Transaction between Users and does not act for or on behalf of any Buyer or Seller in connection with any Transaction. Under no circumstances will VINTED buy or sell Items shown on the Site,claim to do so or accept responsibility for the quality or safety of any Items listed in the Catalogue.
4. LISTING ITEMS
4.1 Sellers agree that in order to list an Item on the Site, the requirements set out in this section and the following conditions must be fulfilled:
- Only goods stipulated in the Catalogue Rules may be listed by Sellers on the Site.
- Only goods that comply with the Catalogue Rules and which are not prohibited items as identified in the Catalogue Rules may be upload for sale by Sellers. 3. Sellers agree to comply with the Catalogue Rules, as such rules may be updated by VINTED from time to time.
- The Seller of any Item must be the owner of any goods listed on the Site, must have the right to sell the goods and must have the right to transfer ownership of the goods to the Buyer.
- The sale, use or possession of goods listed on the Site must not violate the rights of any third party, must comply with intellectual property rights and must not violate any applicable laws or regulations. Listed items must be safe and cannot be a counterfeit.
- The Item must comply with the commonly applied requirements on the market for this type of Item depending on the nature of the Transaction, unless there is an agreement to the contrary between the Buyer and Seller.
- The Seller acknowledges that, listing an Item on the Site constitutes a binding offer for sale of the relevant item by the Seller, which may be accepted by a Buyer by completing the checkout process after clicking the “Add to cart” button on the Site.
4.2 In order to list an Item in the Catalogue, the Seller must:
- (a) provide the information necessary to list the Item and perform the Transaction of the Item.
- (b) describe the Item as accurately as possible and must indicate any possible faults;
- (c) provide at least one (but no more than six) good quality photographs per Item listed, each of which must be uploaded when the Item is listed. The uploaded photographs must reflect the actual quality and external appearance of the Item, as well as any defects with the Item. Uploading photographs found on the Internet and/or photos of a similar item is prohibited.
4.3. By listing the Item, the Seller represents and warrants that the listed Item complies with the description provided and that any photographs uploaded to the Site are photographs of the actual Item being listed
4.4 Listing Items in the Catalogue on the Site is free of charge. An unlimited number of Items may be listed in the Catalogue on the Site, except that the same Item cannot be listed more than once in the Catalogue. .
4.5 The Seller who has listed the Item may withdraw it or amend the price at any time, before entering into a Transaction with a User for the sale of the Item in question.
4.6 Items must comply with the description and photographs provided by the Seller in the Item listing. If the Item received by the Buyer does not comply with the description and photographs provided by the Seller, it will be considered as “Significantly Not as Described”. This includes the following difference(s) between the Item received and the Item description: incorrect sizes, wrong colours, counterfeit Items, severe damage to the Item (stains, smells, holes), Items incorrectly described as new, incorrect Items or missing Items in bundles. Conversely, an Item will not be considered as Significantly Not As Described if it is not a right fit (but the size was correctly indicated in the listing), or the differences between the Item received and the description and photographs of the Item listings only include minor and negligible differences that do not affect the use and look of the Item as legitimately expected by the Buyer based on the Item’s description and photographs.
5. SALE OF ITEMS
5.1 The Buyer may, by using one of the following methods made available through the Integrated Payment System offered by Vinted on the Site, buy one or more Items from a Seller directly by:
- completing the checkout process after clicking the “Add to cart”” button on the product detail page for the Item;
- agreeing to enter into a Transaction with the Seller after having suggested a different price for the Item via the “make an offer” button, if this function is allowed by the Seller; or
- agreeing to enter into a Transaction with the Seller after having made a “Bundled Offer” to the Seller for a number of Items listed by the Seller.
5.2 Both the Buyer and the Seller acknowledge that if they have agreed to finalize a Transaction using any of the methods described above:
- A legally binding contract is created between the Buyer and the Seller for the purchase of the Item(s);
- That it represents a firm commitment by each party to the Transaction to perform the contract under the conditions agreed between the Buyer and the Seller; and
- The Buyer has the ability to add more than one Item of a Seller to their cart in one Transaction.
For the avoidance of doubt, VINTED is not a party to the Transaction and does not accept any responsibility for the quality and/or safety of any Items. In particular, Buyers use Items purchased via the Site at their own risk.
The User must provide his/her bank details so that the proceeds of the sales completed on the Site may be transferred to his/her personal bank account. If a bank account or card belonging to a third person is registered on the Site, the VINTED team may request proof of identity.
5.2 “Add to cart” checkout
When an Item is listed for sale in the Catalogue in accordance with section 4 and as such is published to other Users, this constitutes a binding offer for sale of the relevant Item by the Seller, which may be accepted by a Buyer by completing the checkout process on the Site. The checkout process is initiated by clicking on the “Add to cart” button on the product detail page relating to a specific Item, which adds the Item in question to the Buyer’s cart. The Buyer must then go to his/her cart and complete the checkout process, finishing it by clicking on the “Proceed to check out” button on the payment method page of the checkout process. Please note that a Buyer may add one or several Items of a Seller or of various Sellers to his/her cart. When several Items are added to the Buyer’s cart, he/she may complete the checkout process for all Items in the cart at the same time, entering in separate Transactions with all Sellers involved, covering a number of his/her Items.
5.3 Offers on Items
Subject to limitations as may be provided by Vinted or other Users on the Site, Users have the possibility to purchase or sell Items listed in the Catalogue (including Items that are offered as a bundle) from or to other Users for a price lower than the listing price (“Offer Price”) by using the ‘offering’ functionality on the Site. The Buyer and Seller may reject each other’s offers either by rejecting the Offer Price or by making a counter offer for a price lower than the Offer Price to the other party using the offering functionality. In the event a (counter) offer is accepted by either party, the Buyer will have the opportunity to finalise the Transaction for the Offer Price within the term indicated on the Site. The Buyer acknowledges and agrees that they cannot purchase Items for the Offer Price agreed with the Seller after expiry of the aforementioned term unless it agrees to a new price with the Seller through a new offer.
6. BUYER PROTECTION
6.1 Buyer Protection automatically and compulsorily applies to any Transaction concluded on the Site. Buyer Protection includes Transaction facilitation services, customer support services in facilitating Transactions and refund policy, which allows the Buyer to request a refund for lost, damaged or Significantly Not As Described Items. Buyer Protection is not to be considered insurance services or any form of legal protection guarantee services.
6.2 For providing Buyer Protection, a corresponding fee will be charged to the Buyer by VINTED, as provided for in section 6.3 below.
6.3 Buyer Protection Fee. In case of a Transaction, the Buyer Protection fee is calculated in the following way:
- A fixed amount of $1.10 CAD per Transaction plus any applicable tax on this sum; and
- 5% of the purchasing price of the Item(s) in the Transaction plus any applicable tax on this sum.
In case of a Multi-Seller-Cart Transaction, the Buyer Protection Fee is calculated in the following way:
- A fixed amount of $1.10 CAD per Multi-Seller-Cart Transaction plus any applicable tax on this sum; and
- 5% of the purchasing price of all Items in the Multi-Seller-Cart Transaction plus any applicable tax on this sum.
Item 1 above (the $1.10 charge) will be referred to as the “Fixed Portion of the Buyer Protection Fee” and Item 2 above (the 5% charge) will be referred to as the “Variable Portion of the Buyer Protection Fee”.
The exact total amount of the Buyer Protection Fee for a specific Transaction / Multi-Seller-Cart Transaction based on this calculation will be shown to the Buyer on the Site in the checkout process, before the completion of the order. An invoice will also be sent to the Buyer with the detailed breakdown of all costs of a Transaction / Multi-Seller-Cart Transaction, including the Buyer Protection Fee.
6.4 Items damaged in transit or Significantly Not As Described. If the Item is damaged or Significantly Not as Described, the Buyer must submit a return request and complete the request submission form on the Site within 4 days after the Item(s) has/have been marked “received”, otherwise the Order will be automatically completed (“Dispute Filing Period”). This will suspend the whole Transaction and VINTED will retain the purchasing price, the Buyer Protection Fee and the shipping fees of the whole Transaction (including any applicable taxes).
6.4.1 Refunds process for Significantly Not as Described Items. Except in the case of a counterfeit Item, if the Item is Significantly Not As Described, the process is as follows:
- As a first step, Buyer and Seller have the right and chance to resolve the situation themselves and inform VINTED about their joint decision, whereby the Seller must respond to the return request from the Buyer within 72 hours from receipt of the request. In this case, VINTED commits to follow such a decision and reimburse the Buyer or the Seller as agreed from the amount retained in the escrow account.
- If the Buyer and the Seller do not reach an agreement directly, do not want to settle the situation directly or if the Seller does not respond to the return request within 72 hours from receipt thereof, the issue can be escalated to VINTED, which may then ask the parties to provide evidence (e.g. photos, documentation, etc.) to support their position. After VINTED has reviewed the situation and in case VINTED considers that the Item/s is/are indeed Significantly Not as Described, VINTED will ask the Buyer to send the Item/s back to the Seller within 72 hours at the Buyer’s own costs. Once the Seller has received the Item/s back and marks the Item(s) as ‘received’ on the Site, provided that the Buyer has not received a refund or agreed to an alternative resolution related to the Item/s from another source, Vinted will cancel the Transaction and ensure reimbursement of the Buyer as stipulated in 9.4.
Counterfeit Items. For Items that the Buyer considers as counterfeit, after the Transaction is suspended within the Dispute Filing Period, Vinted will evaluate the return request and - in case Vinted deems this necessary - will ask the parties to provide more information evidencing the claim. Based on the information provided by the Users, VINTED will decide whether the return request falls under the scope of Buyer Protection. If there are strong indications that the received item is a counterfeit, the Buyer may not be required by Vinted to send back the item in order to get a refund, but this is decided by VINTED at its sole discretion on a case-by-case basis on the information available to Vinted.
6.4.2 Refunds process for damaged Items. In case the Buyer considers the Item to be damaged during transit, after the Transaction is suspended within the Dispute Filing Period, Vinted will evaluate the return request and - in case Vinted deems this necessary - will ask the parties to provide more information evidencing the claim. Based on the information provided by the parties, VINTED will decide whether the return request falls under the scope of Buyer Protection.
6.4.3 If the Item is considered Significantly Not as Described or is damaged during shipment, but the Buyer does not contact VINTED within the Dispute Filing Period, or confirms on the Site that the received Item was acceptable by clicking on the “Confirm Order” button, the Transaction is completed. In this case, the Buyer will not be entitled to make a return request or to receive any reimbursement under Buyer Protection.
6.5 Lost Items. If the Item/s is/are lost during shipping, the Buyer should:
contact VINTED’s customer support by sending a support request in accordance with section 1.2, or
send a cancellation request for the Seller in accordance with section 10.1. In case the cancellation request is rejected by the Seller, the request will be forwarded to customer support.
If it has been confirmed by VINTED that the Item(s) has been lost, on condition that the Buyer has not received a refund or agreed to an alternative resolution related to the Item/s from another source, the Buyer will be reimbursed in accordance with section 9.4.
6.6 VINTED does not provide return shipping services. The Buyer has to post the Item(s) to the return address provided by the Seller within three (3) days from receiving the corresponding notification from VINTED, at the Buyer’s own expense, unless otherwise agreed with the Seller. If the Buyer does not send the Item back within this period stipulated by VINTED, the Buyer will not be eligible to receive reimbursement under Buyer Protection.
6.7 Any decision of VINTED in respect of a disputed Item will be made by VINTED in its sole discretion, and VINTED’s decision will be final and binding on both Buyer and Seller.
6.8 Buyer Protection is a VINTED service for the Buyer. The rights of the Buyer against the Seller and the rights of the Seller against the Buyer under the sales contract remain reserved. User acknowledges that: (i) Vinted is not a party to any Transaction made on the Site; and (ii) Vinted offers Buyer Protection and any related return policies to Users as an additional service, as Vinted is not itself a supplier.
7 INTEGRATED PAYMENT SERVICE
7.1 As part of the Integrated Payment Service the Buyer must pay in advance for the Item(s) purchased from the Seller by credit or debit card, or any other payment method that may be introduced from time to time, by using the Integrated Payment Service available on the Site.
7.2 The amounts paid by the Buyer, including the purchase price, Buyer Protection Fee, Shipping Fees and any applicable taxes together the (“Total Purchase Price”) will be retained by Stripe up until the transaction is completed, at which time the purchase price as well as the Shipping Fees (only in case of Shipping Instructions) plus any applicable taxes on the Shipping Fees will be released to the Seller’s Stripe connected account and paid out daily to the Seller’s bank account if the necessary KYC checks are completed:
- when the Buyer confirms through the platform that the delivered Item complies with the conditions of the offer by clicking “Complete order’; or
- automatically after the expiration of the Dispute Filing Period if no disputes about the Item are raised; or
- If a dispute is raised during the Dispute filing Period, after the resolution of the dispute.
7.3 By using the Integrated Payment System on the Site, Users acknowledge that a third party processor is responsible for processing payments and collecting, using and storing the Users credit or debit card information and understands that Users may be required to accept the processor’s general conditions in order to use the service. The Buyer will be solely responsible for the transmission of information associated with the credit or debit card and VINTED hereby denies any responsibility to the full extent permitted by the applicable legislation.
7.4 Users acknowledge that the right to use the Integrated Payment Service is only for sales in a User’s own name. A User may not resell, hire or on any other basis allow third parties to use the Integrated Payment Service to enable such third parties to be paid for their services. Users may not use the Integrated Payment Service for types of product and services other than those registered with VINTED. In particular, the User confirms that she/he will not use the Integrated Payment Service for any Item that is not listed in the Catalogue Rules. If VINTED at any time discovers that the information provided by a User is incorrect or has changed without informing VINTED or if a User violates any of these conditions, the Services may be suspended and/or terminated with immediate effect.
7.5 If any suspicion arises about fraud of any kind whatsoever carried out by a User, VINTED will immediately suspend the User’s account and will suspend any Transactions under way while waiting for the results of the enquiry being conducted.
7.6 In the event of any problem (such as for example hints of suspected illegal sales on the Site, money laundering, spamming, or violation of the payment provider’s terms & conditions) reported by the provider responsible for the Integrated Payment Service to VINTED, VINTED may immediately suspend the User’s Account and any transactions under way while waiting for the results of the enquiry being conducted.
7.7 VINTED reserves the right to suspend a User’s account if a User in relation to a Transaction initiates a dispute resolution procedure via an external payment service provider and, in consideration of all circumstances of the initiated dispute resolution procedure, VINTED has a legitimate reason to suspend the User’s account (e.g. in case of breach of applicable laws and/or of these Terms and Conditions and/or there is a likelihood of misuse of the Site).
8.1 VINTED Users have access to the services of third party service providers specializing in transport and delivery of Items bought through the Site, as detailed below. VINTED may, at any time, use another third party provider such as these companies. The same rules as below will then immediately apply. From the moment the User chooses one or the other of these the Shipping options and pays VINTED, VINTED:
- keeps the sum on the User’s escrow account;
- confirms the payment towards the Seller on the Site; and
- conveys the required information to send out the Item(s) to the Seller.
There are two (2) types of shipping options available on the Site:
1. Integrated Shipping Labels mean that VINTED automatically generates a shipping label to be sent and used by the Seller. Once the Transaction is completed (as per section 7.2), the Seller recovers the price of the Item. The Buyer Protection fee and the shipping fee is released to VINTED. You may choose from the shipping providers as listed here. Should the Item be lost or damaged during the shipping procedure, if the conditions in 6.4/5 are met, VINTED will reimburse the Buyer as stipulated in section 9.4. The Seller will benefit from compensation for a lost or damaged Item as identified and limited in the relevant compensation policy provided by the shipping provider. You can find out more about maximum compensation amounts depending on the provider used here.
FOR QUEBEC ONLY: Should the Item price be higher than this compensation limit, the Seller may reach out to the shipping provider directly to seek any additional compensation relating to a lost or damaged Item.
2. Shipping Instructions means that the Seller has to buy the shipping label on his/her own according to the instructions provided by VINTED. In this case, the purchase price of the Item, Buyer Protection fee, and the shipping fees paid by the Buyer (plus any applicable taxes on the shipping fees) are held in the Seller’s escrow account. The Seller must pay for the shipping according to VINTED’s shipping instructions and send the Item to the Buyer. Should the Seller fail to use and follow the shipping instructions provided by VINTED, the Seller will bear the risk and costs of any additional shipping fees incurred by him/her, will not be reimbursed by VINTED for these costs and will be responsible for shipping the item to the Buyer himself/herself. Once the transaction is completed, the Seller recovers the purchase price of the Item and the shipping fees held in escrow. You may choose from the shipping providers as listed here. Should the Item(s) be lost or damaged during shipping and if the conditions in 6.4/5 are met, VINTED will reimburse the Buyer as stipulated in section 9.4. Seller compensation will be borne by the shipping provider if the claim is accepted by them. The Terms and Conditions of the shipping provider that the User has chosen will apply, including the amount of available compensation which you can find here.
The Seller must in particular note down the tracking number for the shipment indicated on the Site.
8.2 The costs for the available Integrated Shipping (“Shipping Fees”) are shown after clicking on an Item in the Catalogue, on the detail page for the Item in question. The Shipping Fees are owed by the Buyer in addition to the purchase price for the Item in question and the Buyer Protection fee.
8.3 The Seller is responsible for shipping out the Item(s) within five (5) working days following the moment of purchase of the Item(s). If the Seller does not ship the items within these five (5) working, then the Buyer is entitled to request cancellation of the Transaction in accordance with section 10 below.
8.4 Instead of using Integrated Shipping Labels or Shipping Instructions, the Buyer and the Seller may also agree on personal delivery of the Item(s), using the Meet-up function. For this, the Buyer has to restrict his search in the Catalogue for Item(s) to a certain radius close from him/her. The Buyer will then be able to choose “Meet-Up” instead of Integrated Shipping Labels or Shipping Instructions in the checkout process for all Item(s) turned out by the search within the radius for which the Seller when uploading the Item(s) has enabled the Meet-Up function. After concluding the Transaction, Seller and Buyer will then have to agree between themselves on a meeting location for personal delivery. Shipping Fees do not apply.
9. PAYMENT AND REFUNDS
9.1 All prices are expressed in Canadian Dollars (CAD). Any applicable sales tax will be charged automatically based on where the Buyer resides. In cases where VINTED is obliged to collect sales tax on a Sale made by the User, VINTED will collect such sales tax via the payment method used by the User making the purchase. The amount of tax payable by a User will be displayed during the checkout process and also on the invoice issued by VINTED. VINTED will remit any sales taxes collected to the relevant governmental authorities in accordance with applicable law.
9.2 The Integrated Payment Service allows the Buyer to pay with credit card, debit card, virtual card or any other payment method approved for the Integrated Payment Service on the Site at the moment of concluding the Transaction.
9.3 The total Transaction amount (which includes the purchase price of the Item, shipping costs and Buyer Protection fee plus any applicable taxes) will be paid by the Buyer using the payment method selected at checkout and total amount to be paid to the Seller in respect of the Transaction will be provided to the Seller once the Transaction is completed. If the Item is lost or damaged during shipment or considered Significantly Not as Described, and under the further conditions stipulated in section 6 the Buyer’s payment method used to make the purchase will be re-credited.
9.4 After a successful return/cancellation of a Transaction or Multi-Seller-Cart Transaction in accordance with sections 6.4, 6.5 or 10.2, Vinted will refund the Buyer as follows:
- If the Transaction relates to the purchase of one Item only and the Item is
returned/cancelled, then Vinted will refund the Buyer:
- The full purchase price for the Item + any applicable taxes on the Item; plus
- The full shipping fees + any applicable taxes for shipping;
- The Buyer Protection fee (a fixed amount of $1.10 CAD per Transaction plus any applicable tax on this sum and 5% of the purchasing price of the Item in the Transaction + any applicable taxes for the fee Protection fee).
- If the Transaction relates to the purchase of several Items or in the case
of a Multi-Seller-Cart Transaction and if all Items subject to the
Transaction or Multi-Seller-Cart Transaction are returned/cancelled, then
Vinted will refund the Buyer:
- The full purchase price for the Items + any applicable taxes on the Items; plus
- The full shipping fees + any applicable taxes for shipping;
- The Buyer Protection fee (a fixed amount of $1.10 CAD per Transaction plus any applicable tax on this sum and 5% of the purchasing price of the Items in the Transaction + any applicable taxes for the Buyer Protection fee).
- If only one or some Items subject to a Transaction or Multi-Seller-Cart
Transaction is/are returned/cancelled, then Vinted will refund the Buyer:
- The full purchase price for the Item/s which is/are returned/cancelled + any applicable taxes on the Item(s); plus
- The shipping fees + any applicable taxes for shipping only in relation to those shipments which contained the returned/cancelled Item/s, provided that all Items in that shipment are returned/cancelled. In case not all Items that were sent in one shipment are returned/cancelled, then no shipping fees + applicable taxes related to that shipment are refunded;
- The Variable Portion of the Buyer Protection fee for the Item/s which is/are returned/cancelled + any applicable taxes paid on the Variable Portion of the Buyer Protection fee. For the avoidance of doubt: in such case, the Fixed Portion of the Buyer Protection fee (or any part thereof) will not be refunded.
10. CANCELLATION REQUESTS
10.1 Buyers and Sellers can submit cancellation requests to the other Party:
- before the Item(s) was sent to the Buyer, or
- 7 days after the Item(s) was sent to the Buyer, if the Item(s) was not yet marked as ‘received’.
The cancellation request will suspend the whole Transaction and VINTED will retain the Item price, the Buyer Protection fee and the shipping fees of the whole Transaction (including any applicable taxes). The Seller acknowledges and agrees that they may not send the Item(s) to the Buyer when a cancellation request has not yet been resolved in accordance with section 10.2 below.
10.2 The party that receives the cancellation request has 72 hours to approve or reject such request from the moment of receipt thereof.
10.2.1 If the receiving party accepts the cancellation request, then the Transaction will be cancelled. If, on the moment of acceptance of the cancellation request:
- the Item(s) is not yet sent to the Buyer, then the Seller must keep the Item(s).
- the Item(s) is already marked as ‘received’, then the Buyer must send back the Item(s) to the Seller at their own expense.
10.2.2 If the receiving party rejects the cancellation request or does not respond within the aforementioned timeframe, then the request will be escalated to Vinted, which may then ask the parties to provide additional evidence to support their position about the request and will then make a final decision. Any decision of VINTED in respect of a cancellation request will be made by VINTED in its sole discretion, and such decision will be final and binding on both Buyer and Seller.
10.3 If a Transaction is cancelled in accordance with section 10.2 ,then Vinted will refund the Buyer in accordance with section 9.4.
11. INTERACTION AND MESSAGES ON THE SITE
11.1 Users may exchange information with other Users through Private Messages and Public Comments. Users may only use Private Messages and Public Comments to share information about Items listed in the Catalogue. The use of Private Messages and Public Comments for any other purpose is not permitted.
When sending Private Messages and/or posting Public Comments on the product detail page of an Item, Users must ensure that he/she does not send and/or post:
- Messages, comments or information that feature advertising (unless as permitted by section 10.3 below);
- spam or content spreading viruses or worms;
- Messages, comments or information containing texts contrary to good moral standards and public order, inappropriate, insulting or defamatory messages or those otherwise regarded as incompatible with these Terms and Conditions and the interests of Users;
- Messages, comments or information of an unlawful nature or otherwise attempting to cause harm to other Users and/or the Site;
- Messages, comments or information that may qualify as harassment of any kind whatsoever.
If a User sends Private Messages to another User he/she must also ensure not to send mass mailing messages of any other kind whatsoever (when a message is sent to more than five Users or when the same message is copied and sent to Users who have not asked to receive them).
Users acknowledge that, through the use of algorithms, VINTED uses automated software to enable it to detect contents of Public Comments contrary to good moral standards and public order, those that are inappropriate, insulting or defamatory and posted as a Public Comment. Should Public Comments contain such contents detected by the automated software, the Public Comments and User may be, without limiting other remedies, automatically blocked in accordance with section 14 below and/or hidden from the User to whom it was sent. The User, who is the writer of the Public Comments that has been blocked and/or hidden, will be warned of his/her obligation to comply with the Terms and Conditions and informed that Vinted may take further steps such as suspending the User's Account in case of renewed violations. The above-mentioned automated tools adopted by VINTED do not constitute a monitoring obligation on VINTED nor an obligation to actively search for unlawful activities and or content on the Site and, to the extent permitted by the applicable law, does not give rise to any liability on VINTED.
11.2 Exchange of feedback amongst Users
A Buyer has the right to write feedback on a Seller solely if a Transaction between them was completed. A User’s feedback on another User must always be fair and honest. Lies and insults are forbidden. VINTED does not review feedback prior to publication by Users.
If the feedback received is inappropriate or abusive or in any case it is not in compliance with these Terms and Conditions, Users are entitled to report it to VINTED according to the reporting procedure described in section 12 below. Upon request of the Users, VINTED is authorized to withdraw from the Site any feedback that violates these Terms and Conditions or the rights of other Users, including feedback of Users who did not have the right to write feedback under the terms of these Terms and Conditions.
VINTED, after having identified the User who has not respected the above rules applying to reviews, may make use of its right to block the account of the User concerned in full or in part, in accordance with section 14 below. Visitors do not have the right to write feedback on Users.
12.1 All Visitors and Users are fully responsible, in their capacities as editors, for all the information they post on the Site and, if applicable, for the Items they offer, sell or transfer to other Users. In particular, when a User lists Items in the corresponding Catalogue, the User recognizes and accepts that he/she is fully responsible for uploading the Item in the corresponding Catalogue, its description, confirmations, the accuracy of the other details provided and communication with other Users (including Private Messages, Public Comments and feedbacks) and, in general, the Transactions undertaken with other Users and disputes that could result from them (hereinafter together referred to as the "Content"). Sellers are fully responsible for the quality and/or safety of any items they sell on VINTED and Users shall use the item at their own risk.
12.2 In this respect, Visitors and Users must respect all the applicable laws. Users and Visitors must in particular refrain from (i) violating the rights of third parties, (ii) violating intellectual property rights or listing counterfeit items, (iii) inciting offences or crimes, discrimination, hate or violence based on race, ancestry, place of origin, ethnic origin, religion or creed, sex, gender, age, marital status, family status, disability, citizenship status, sexual orientation, gender identity, gender expression, or any other characteristic protected by applicable law, (iv) communicating incorrect information or confidential information, (v) making defamatory comments, (vi) committing actions that might place minors in danger, (vii) publishing the personal data of other individuals or breaching privacy rights or (viii) usurping the identity of someone else.
12.3 In the event that the Content does not comply with the restrictions outlined in section 12.2 or, generally, if a User or a Visitor does not comply with these Terms and Conditions, the User or the Visitor recognizes and accepts that he/she is solely responsible for the resulting direct and indirect losses of third parties or VINTED. Consequently, the User or the Visitor recognizes and accepts that, in its capacity as hosting provider, VINTED will under no circumstances undertake any verification of the Content and, to the extent permitted by applicable law, will under no circumstances be held responsible for such damages or losses suffered by Users and/or third parties. In particular, without limitation, VINTED will not be held liable for: (i) actions or omissions of Users and Visitors, (ii) the information posted on the Site by Users and Visitors, their topics, their accuracy, their exhaustiveness and/or their compliance with the applicable laws and regulations or (iii) the quality and quantity of Items Users sell or buy via the use of the Site, nor their compliance with the description given.
12.4 VINTED is not responsible for the Content uploaded online by Users. Users are responsible for their own Content uploaded online. VINTED will remove User’s Content that has been duly notified to it in accordance with the procedure outlined in section 14 and with applicable laws and which is in violation of applicable laws and/or VINTED's policies, that is all rules / regulations governing the use and operation of the Site. VINTED may take action against the User, in particular regarding the usability of his/her Account, as provided for in section 14 below. If any User or Visitor discovers unlawful content or Content which violates these Terms and Conditions and/or their rights and/or rights of a third party, VINTED must be informed immediately and the User must report the Content by using this contact form.
More generally, Users will refrain from uploading any kind of Content that is unlawful, false or inaccurate. Users must act and use the Site in good faith.
12.5 The User is expressly reminded that the Internet is not a secure network. The User recognizes and is fully informed of the unreliability of the Internet, in particular in terms of potential security breaches regarding the transmission of data and of the absence of performance guarantees regarding the volume and speed of data transmissions. VINTED does its best to keep the Site as secure as possible. Nevertheless, the Internet is not a secure network and the system reliability could be impaired independently of VINTED's will.
12.6 To the extent permitted by applicable law, VINTED will not be held liable for unpredictable events such as cyber attacks, security breaches regarding the transmission of data or for performance guarantees regarding the volume and speed of data transmissions. In these conditions, it is up to the Users to take all appropriate measures to protect their own data and/or software, particularly from contamination by any viruses circulating on the Internet.
13. OBLIGATIONS OF THE USER
13.1 The User undertakes:
when registering on the Site, to provide truthful information about him/herself, in particular his/her first name, last name and email address;
to register on the Site only once and not to create more than one Account unless a third party has access to this Account. The User in this case is entitled to create another Account for himself/herself, but only after having informed VINTED about the facts and after the previous Account has been blocked by Vinted;
not to use the Site and/or the Services with the aim of undertaking unlawful actions or transactions or fraudulent actions; when using the Site, to provide objective, correct, exhaustive and detailed information about the intended sale;
to ensure that the price proposed for the sale of the Items, as well as other information regarding them, is correct;
not to copy the information appearing on the Site and uploaded by VINTED or another User of the Site, or to use them unlawfully.
13.2 The Users and Visitors undertake to comply with the following rules when using the Site:
Not to use (in particular share and/or publish) misleading or incorrect information and/or data;
Not to encourage the acquisition of goods, the sale of which is forbidden or restricted;
Not to use (in particular share and/or publish) photographs (i) for which the respective User does not hold the intellectual property rights (in general, these are photos found on the Internet), or (ii) which contain links to other websites;
Not to use (in particular share and/or publish) photographs (i) on which people other than the respective User itself are visible, unless the other visible people have consented to the publication of these photographs; or (ii) which are or may be considered contrary to good moral standards and/or public order (for example erotic photographs, pornographic photographs or photographs with violent contents);
Not to offer and/or to sell and/or to buy and/or to transfer Items in breach of the intellectual property rights of third parties, such as registered trademarks and/or other signs to the extent they are protected by the applicable law (such as for example company signs in certain jurisdictions) and/or design rights and/or copyrights;
Not to violate the rights of ownership and/or the personal rights of third parties (including intellectual property rights);
Not to violate applicable laws and/or regulations;
Not to act contrary to public order and/or good moral standards;
Not to use (in particular share and/or publish) programs and/or computer files which contain viruses, or which might (i) disrupt the normal operation of the Site and/or the Services, (ii) infect the computers of Users and, therefore, lead to losses for the User or his/her assets or (iii) prevent the User from using the Site, the Services or the User’s computer;
Not to offer and/or share and/or otherwise promote links to other websites and/or companies that provide similar services to those offered by the Site.
13.3 The Users and Visitors undertake not to collect, hold concurrently, transmit to third parties, make public, publish or disclose data of the Users of the Site or data on the actions of Users of the Site, including Transactions, their number, type, price, etc., if the data became available in an illegal manner or following an unlawful action or an omission.
The Users and Visitors also undertake not to collect, hold concurrently, transmit to third parties, make public, publish or disclose information that appears on the Site, if such action may affect the rights of other Users. This restriction does not apply to the "share" function which exists on the Site and allows Users to share public information available on the Site in VINTED’ Social Networks Accounts or in their own social network accounts, as well as to send such information to themselves or others by email.
13.4 To the extent permitted by applicable law, VINTED is not responsible for the behaviour of a User when the latter uses the Site or Services. In particular, VINTED is not responsible for the poor implementation or failure to implement Transactions by Users.
13.5 The User undertakes to keep his/her login details and password confidential with regard to third parties, apart from the people who have been authorized by the User to use his/her login details.
13.6 The User undertakes to immediately update information on the Site that is no longer relevant owing to amendments to his/her data (in particular, the information provided during the registration on the Site), as well as no longer relevant information on the Items listed in the Catalogue and their condition.
13.7 When using the Site, the User or Visitor represents:
- (i) that he/she is not a minor (an individual that is the legal age of majority as prescribed under the applicable law in the province of territory in which they reside at the time they accept these Terms and Conditions) or - if he/she is a minor - that his/her parent(s) or legal guardian supervise and agree with his registration/use), (ii) that he/she uses all the Services of the Site to satisfy his/her personal requirements that are not associated with any professional activity, and (iii) that he(she has full capacity and all the rights to carry out the Transactions on the Site;
- that he/she accepts and complies with the Terms and Conditions and all the other contractual documents, such as the Trust and Trust and Safety PolicySafety Policy, as well as the other rules of the Site; that he/she understands that he/she is fully responsible for the Transactions carried out;
- that he/she understands that when ordering an Item, he/she undertakes to buy this Item, and that the failure to carry out this Transaction may oblige him/her to reimburse the losses suffered by the Seller; that he/she understands that he/she must pay VINTED if he/she decides to use any Additional Services.
13.8 Links to other Websites
To the extent links to third party websites are made available to you through the Site, you understand that such websites are operated by third parties and not by VINTED and are provided for convenience only. No endorsement of any third-party products, services or information is expressed or implied by any information, material or content referred to or included on, or linked from or to the Site. In no event will VINTED be responsible for the content of any other websites. VINTED makes no representation or warranty regarding any other websites or the contents or materials on such websites. Visitors and Users that decide to access other websites, do so at their own risk.
13.9 To the fullest extent permitted by applicable law, the User indemnifies VINTED (and the companies of its group) against any claim(s) arising from the improper use by the User of the VINTED Site, breach of law by the User or the rights of a third party.
14. RIGHTS AND OBLIGATIONS OF VINTED
14.1 VINTED may restrict, in full or in part, the use of the Site (by stating the limitation conditions), suspend or terminate the account of the User or the Visitor’s ability to use the Site, prevent the User from re-registering or accessing the Site, subject to sending a prior notice and observing a reasonable notice period, if User and/or Visitor:
provide incorrect, misleading and/or incomplete information according to these General Conditions at the time of their registration or their use of the Site;
deliberately and intentionally disclose incorrect information on the Site, insult other people or act in an inappropriate manner;
use the identity of other Users;
log-in from the same IP address or from the same computer as one that was blocked owing to violations;
sell prohibited items or engages in drop-shipping supply chain management of low value Items that are shipped to Buyers from other countries and other territories.
14.2 Notwithstanding the above, VINTED can deactivate or restrict the User’s account with immediate effect and without prior notice in any of the following cases:
- In the event of a scam, fraudulent activity, abuse or misuse by the User of the VINTED Services
- Users selling Items for commercial purposes;
- Creating more than one account on VINTED.
the User has previously received at least two (2) breach notices from VINTED;
the User’s use of the Services violates any laws, regulations or rules of public order or is likely to have serious consequences for the health, safety or legitimate economic interests of other Users;
VINTED is subject to a legal or regulatory obligation which requires it to terminate in a manner which does not allow to observe a notice period;
VINTED exercises a right of termination under an imperative reason pursuant to applicable laws;
there is a risk to the security and technical operation of VINTED’s IT system.
14.4 VINTED may immediately, without prior formal notice, delist or remove from the Site the Items listed by the User in the Catalogue or any other Content provided by the User if these Items or this Content:
- are unlawful (e.g. counterfeit items);
- are contrary to good moral standards or public order;
- are listed by a User who is considered a professional seller; or
- are listed by a User who engages in commercial activities on the Site, as described in the Catalogue Rules.
14.5 In the cases referred to in Article 13.1 and 13.4 above, the User and Visitor will have the opportunity to challenge VINTED’s decision by sending a complaint through the system referred to in Article 15.
14.5 VINTED may, at any time, re-organize the Catalogue, advertising spaces or other information on the Items, subject to these changes not amending the Content provided by the User, in order to make the Site more user-friendly. VINTED may at any time publish News containing descriptions, instructions, rules or other information associated with the subject matter of the News.
14.6 VINTED may, at any time, publish News or other communications regarding short and long-term offers on the Site, competitions, games or promotions that comply with provincial law to promote new Services or third party goods or services. Special conditions may apply. Information regarding offers, competitions, games or promotions that comply with provincial law will be provided on the Site. In case of inconsistency between the Terms and Conditions and special conditions published on the Site applicable to News, the latter will prevail.
14.7. VINTED may under certain conditions issue Shopping Credit to Users, to be used on the Site. A Shopping Credit issued expires in 30 days after receipt. The Shopping Credit Terms and Conditions will apply to all Shopping Credits accrued by a User.
14.8 VINTED may at any time end or suspend or assign the operation of the Site to third parties, subject to notifying Users of the Site, while respecting a notice period of thirty (30) days.
14.9 The User may apply a “Holiday” status to their account. When a User has a Holiday Status, Items offered for sale by such User, will be hidden from other Users in the Catalogue. VINTED reserves the right to remove Items offered for sale by any User, if such Items were not sold for a substantially long period of time.
15. PERSONAL DATA
16. GOVERNANCE, DISPUTE RESOLUTION, TERMINATION AND IP RIGHTS
16.1 These Terms and Conditions shall be governed by and construed in accordance with the provincial law where the User resides at the time they sign up for an Account and the federal laws of Canada applicable therein.
16.2 In the event of a disagreement between VINTED and the User, VINTED encourages Users to reach out to VINTED first in any case to find an amicable solution. The User may address a written complaint to the Customer Service Department using the contact form.
16.3 The User may end his/her relationship with VINTED at any time with immediate effect but will have to fulfill all of his/her obligations which resulted from Transactions the User entered into before the end of his/her relationship with VINTED. The User may end his/her relationship with VINTED by cancelling his/her account or by deleting your account via your Account Setting. VINTED may end its relationship with the User by providing thirty (30) days prior notice in writing (sixty (60) days for Users residing in Quebec) or by electronic means. In addition, VINTED may also end its relationship with the User with immediate effect, in the event of a violation of any applicable law or regulation or of the provisions of these Terms and Conditions by the User as well as in case a scam, fraudulent activity, abuse or misuse by the User of the VINTED Services.
16.4 VINTED and the companies of its group hold all rights, in particular the intellectual property rights regarding the Site, that is in particular in its system (the Catalogue, its transmission, etc.), in the layout and design of the Site, in the software used by and for the Site, in the application programming interface (“API”), in the trademarks and domain names used by and for the Site. No license, assignment or other conveyance of any intellectual property or any related right is granted by VINTED to the User for any purpose.
16.5 The submission of information or data, in particular photographs on the Site, i.e. “Content”, means that Users of the Site or the Services hereby grant to VINTED and to any company belonging to the VINTED Group, without consideration, a non-exclusive licence to use the Content throughout the world, which shall apply for the duration of the applicable rights, if any (and their potential extensions). Such licence includes the right to use, copy, reproduce, display and adapt the Content. VINTED may use such Content, on any known or unknown media to date and in particular TV, paper, the Internet (in banners and articles, on other websites) and social networks (Facebook, Twitter, Instagram, etc.), for operational, commercial, advertising and internal purposes of the VINTED Group, which the User accepts. Users are exclusively responsible for the Content and confirm that they hold all rights over it.
16.6 All the notifications, requests and other information exchanged between the User and VINTED will be sent as stated in the Terms and Conditions via the contact form appearing on the Site, and/or by/to the User via email, to the email address provided when registering on the Site.
16.7 The Terms and Conditions do not have the effect of creating a partnership (regardless of its legal form) between VINTED and the Users, labor law relationships, relationships between a commercial agent and the latter’s customer, nor a franchise relationship.
16.8 VINTED may, subject to applicable data protection laws, transfer and/or assign all rights and obligations under these Terms and Conditions to any third party, in particular in the case of the transfer of a sector of activity, a merger through the foundation of a new company, a merger through absorption, de-merger or any change in control affecting VINTED, provided that this does not reduce protection of the consumer’s rights under applicable law. Such a transfer releases VINTED from all obligations as operator of the SITE, in particular towards its Users and Visitors for the future. In case VINTED transfers and/or assigns these rights and obligations under these Terms and Conditions to any third party, the User has the right to immediately terminate his/her relationship and close his/her account with VINTED. Users may not transfer or assign any or all of their rights or obligations arising from these Terms and Conditions.
16.9 A User may express objections regarding the access, use or operation of the Site or the Services through a notification at any time. Notifications must be sent to VINTED using the contact form.
17.1 Nothing in these Terms limits or excludes VINTED’s liability to you for death or personal injury caused by VINTED’s negligence, fraud or fraudulent misrepresentation; or any other type of liability which cannot by law be excluded or limited.
17.2 To the fullest extent permitted by applicable law, VINTED makes no warranties or representations, whether express or implied that this Site, any content and the Services on it (1) are accurate, complete, up-to-date or suitable for any purpose or (2) are free of error or omission. To the fullest extent permitted by applicable law, your use of the Site is at your own risk.
17.3 To the extent permitted by applicable law, VINTED excludes all implied or statutory conditions, warranties, representations or other terms which may apply to this Site, any content or the Services on it.
17.4 To the extent permitted by applicable law, VINTED is not responsible for any action or inaction of Users of the Site or Services, or content provided by Users of the Site including, without limitation:
- the descriptions or photos of Items, including their accuracy and completeness;
- the quality, legality or safety of the Items;
- the Seller’s title to the Items; or
- any Seller’s or Buyer’s right to enter into a sale or the rights of the parties to enter into such Transaction.
17.5 Subject to section 17.1, VINTED will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Site or Services, or to your downloading of any content on it, or on any website linked to it.
17.6 VINTED is not responsible for any third party service providers that you integrate into your account. VINTED will not be liable for any loss or damage that may arise from your use of them.
17.7 DOES NOT APPLY IF YOU RESIDE IN QUEBEC. Subject to section 17.1, VINTED, its subsidiaries and affiliated group companies accept no liability to you, whether in contract, tort (including negligence) or otherwise, for: (a) any loss of profits, sales, business, or revenue; (b) business interruption; (c) loss of anticipated savings; loss of business opportunity, goodwill or reputation; or (d) any direct, special, indirect or consequential damages, (e) or any other damages of whatsoever kind resulting from whatever cause through your use of the Services and our Site.
18. NO WAIVER.
VINTED shall not be in breach of these Terms nor liable for delay in performing, or failure to perform, any obligations under these Terms if such delay or failure result from events, circumstances or causes beyond VINTED’s reasonable control. In such circumstances VINTED shall be entitled to a reasonable extension of the time for performing any such obligations under these Terms and Conditions.
If any provision or any part of any provision contained in these Terms and Conditions shall be determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term shall to that extent be severed from the remaining terms which shall continue to be valid and enforceable to the fullest extent permitted by applicable law.
20. ENTIRE AGREEMENT.
These Terms and all documents referred to in these Terms constitute the entire agreement between VINTED and you and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between VINTED and you, whether written or oral, relating to its subject matter. VINTED and the User and Visitor agree that in entering into these Terms they have not relied on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or any document referred to in them. Neither VINTED nor you shall have any claim for innocent or negligent misrepresentation based on any statement in these terms or any document referred to in them.
The section headings used in these Terms and Conditions are included for convenience purposes only. They do not constitute a part of these Terms and Conditions and will not limit or otherwise affect any of the provisions herein, nor will they be used to interpret these Terms and Conditions.
These Terms and Conditions, all documents referred to therein and all related documents have been drafted in the English language at the express request of the parties. Les présentes modalités, tous documents auxquels ces dernières font références ainsi que tous documents s’y rattachant ont été rédigés en langue anglaise à la demande expresse des parties.