Introduction

These Website General Terms and Conditions apply to use and access of www.discovervintage.co.uk including completing Dealer Registration and act as your agreement to be bound by and comply with the Terms and Conditions while using this site.  The Discover Vintage Website General Terms and Conditions are effective from 1st August, the date of publication.

Discover Vintage is a vintage website dedicated to helping Customers to browse and buy vintage fashion, textiles, homeware, furniture and more from Discover Vintage Registered Dealers.  Customers when buying goods or services enter into an agreement with the Registered Dealer using solely their own Dealer Policies (Terms and Conditions). 

Discover Vintage does not review Registered Dealers’ listed goods or services and shall not be liable for any transactions conducted between Registered Dealers and Customers arising from either party’s use of the Site.     

Definitions Within These Terms

The following definitions shall apply to these Terms and Conditions:

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

“Contract”: Any agreement between Discover Vintage and Registered Dealers allowing use and access to restricted areas of the Site and to relevant Content;

 “Fee”: The Fee payable to Discover Vintage for inclusion on the Site;

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

“Login”: the personal username and password, created by Dealers upon Dealer Registration, allowing you access to and use of the Site;

“Site”: the website at www.discovervintage.co.uk and any of the sub-domains thereof;

“Dealer Registration”: the process of registering for a Dealer account with Discover Vintage;

“Terms”: these Website General Terms & Conditions;

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

“Discover Vintage”, “we”, “us”, “our”: Discover Vintage Ltd, Company Number: 10812801 with th registered office address: Discover Vintage Ltd, 4 CHARLOTTES VALE, KIPPAX, WEST YORKSHIRE, ENGLAND, LS25 7FA.

“you”, “your”, “yourself”, “Dealer”, “User”: the person, company or other organisation Registering with the Site (Registrant) as a Dealer or if you are acting on behalf of another party (eg. your client as an agent or your employer) you and the other parties shall be deemed to be using the Site jointly as a Dealer.

Dealer Registration

To use the Site for the sale of vintage items you must complete Dealer Registration and provide the information required to us using the standard process on the Site.  Dealer Registration by any other means shall not constitute an agreement with us.

You must ensure all information provided in your Dealer Registration is complete and accurate.

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

Fee Payment & Termination of Dealer Registered Account

Payment of  the Dealer Registration Fee shall only be made using PayPal and access shall only become active for your use after payment has been received by us. We may from time to time review our Fees.

It is your choice to renew and pay the Fees for registration prior to its expiry should you wish them to continue.  We will email reminders shortly before their expiry explaining how to log in to your Dealer’s Registered account and renew your registration.

To terminate your Registered Dealer’s Account you must notify us in writing or by email. Your Login details will be invalidated when you terminate your Dealer’s Account.

All Fees are quoted in Pounds Sterling and expressed inclusive of VAT (where applicable) unless specified.

Technical Use of the Site and Legal Compliance

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

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

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

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

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

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

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

Content and Use of the Site

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

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

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

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

Registered Dealers shall warrant and represent they are at least 18 years of age.

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

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

– no posting of links to other websites except for any websites and/or webpages owned and/ or used by Registered Dealers for the purposes of promoting and/or selling goods.

Discover Vintage uses PayPal payment services on the Site.  PayPal requires all users of its services to comply with the PayPal Acceptable Use Policy.

Intellectual Property Rights (IPR)

All IPR in the Content and material on the Site is owned or licensed by us, and nothing in these Terms confers ownership of any IPR in the same on you. 

Unless you own or control the relevant rights in the material and except where specifically authorised by the Terms, you agree to use Content provided to you on the Site only and not to republish (including on another website), copy, adapt, make available to third parties, sell, sub-license, rent, or distribute any such Content.

Dealer Transactions & Advertising

Discover Vintage shall not be liable for any transactions conducted by you with Customers or their remedy arising from your access and use of the Site, including sales contracts and purchasing of goods listed by you, which you agree and acknowledge shall be negotiated and concluded solely between you and the other parties using solely the terms agreed between yourselves.   

It is your responsibility to use and provide your own Dealer Policies including your Terms of Sale, Returns Policy and Delivery Policy, for other Customers to view before conducting any transactions that are fit for purpose.

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

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

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

You understand and agree that you are solely responsible for the calculation and payment of any taxes that may be incurred as a result of conducting transactions using the Site.

Limitation of Liability

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

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

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

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

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

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

Indemnities

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

Internet Restrictions

 You acknowledge that:

–  we have no control over the Internet in general. Accordingly, access to the Site shall not be error free or uninterrupted and may be variable; and,

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

Terminating & Discontinuing Services

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

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

Downtime of the Site

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

Site User Confidentiality

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

 Notices

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

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

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

General

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

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

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

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

Governing Law

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

Data Protection & Acceptable Use

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

You must comply with the General Data Protection Regulation (GDPR) if you process personal data (i.e. wholly or partly by automated means; or the processing other than by automated means of personal data which forms part of, or is intended to form part of, a filing system) relating to any transactions conducted by you with other parties arising from your access and use of the Site, including the sale and purchase of listed goods and/ or services.   For more information see the Information Commissioner’s Office’s Guide to the General Data Protection Regulation (GDPR).

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

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

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

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