USE OF THE WEBSITE & PROHIBITIONS
The Website allows you to post offers, advertise and sell your products, shop online, create a blog and connect and interact with other registered users of the Website. However, you are not allowed to: (a) post, list or upload content or items in an inappropriate category or areas on our sites; (b) breach any laws, sell any counterfeit items or otherwise infringe the copyright, trademarks or any other rights of third parties; (c) fail to deliver payment for items purchased by you, unless the seller has materially changed the item’s description after you bid, a clear typographical error is made, or you cannot authenticate the seller’s identity; (d) fail to deliver items purchased from you, unless the buyer fails to meet the posted terms, or you cannot authenticate the buyer’s identity. All sellers are advised to retain proof of delivery; (g) post false, inaccurate, misleading, defamatory, or libellous content (including personal information); (h) take any action that may undermine the feedback or ratings systems (such as displaying, importing or exporting feedback information to non-Vintagers.com sites or for using it for purposes unrelated to Vintagers.com); (i) transfer your account and user ID to another party without our consent; (j) distribute or post spam, unsolicited or bulk electronic communications, chain letters, comments or pyramid schemes; (k) distribute viruses or any other technologies that may harm the Website, or the interests or property of the users; (l) copy, modify, or distribute rights or content from our sites, services or tools or the Company’s copyrights and trademarks; or (m) harvest or otherwise collect information about users, including email addresses, without their consent.
For you to complete the sign-up process on our Website, you must provide your full legal name, current address, a valid email address, and any other information needed in order to complete the signup process. You must be at least 18 years old, or of legal age of majority in the country you live in. You will be responsible for keeping your password secure and will be held liable for all activities and contents that are uploaded under or through your account.
We reserve the right to suspend or terminate your account immediately and without notice to you, if you are in breach of any of the provisions listed in this section, or if in our sole determination, You are, directly or indirectly, using the Website or any of its tools in a manner that could damage or cause injury to the service, Website, tools or otherwise reflect unfavorably on the reputation of Vintagers.com. Upon termination of your account for any reason your right to use the Website and any of its tools will immediately terminate. Furthermore, Vintagers.com reserves all its rights under applicable laws.
PRODUCT PRICING & DESCRIPTIONS
The List Price displayed for products and their descriptions on our Website represents the full retail price listed on the product itself and its description, as provided by the sellers. In any event, We do not warrant that product descriptions or other content of this Website will be accurate, complete, reliable, current, or error-free. If a product offered in our Website is not as described, your sole remedy is to return it in unused condition to the seller.
On any complete transaction performed through our Website, We will charge an upfront, processing fee of 5% of the total amount, including any applicable VAT, charged by a seller to a user. This fee will be charged at the time of payment, and is non refundable and non disputable, even in the event a transaction is canceled, for any or no reason, after it has been completed on our Website.
EDITING, DELETING AND MODIFICATION
We may edit, delete or modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting a notice or a new agreement on our Website. YOUR CONTINUED PARTICIPATION IN OUR WEBSITE, VISIT, SELLING AND SHOPPING IN OUR SITE FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.
ACKNOWLEDGMENT OF RIGHTS
You hereby acknowledge that all rights, titles and interests, including but not limited to rights covered by the Intellectual Property Rights, in and to the Website are the exclusive property of Vintagers.com, and that You will not acquire any rights, title, or interest in or to the Website, or any of its tools except as expressly set forth in this Agreement. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any of our services, software, or documentation, or create or attempt to create a substitute or similar service or product through use of or access to the Program or proprietary information related thereto.
FRAUDULENT ACTIVITIES are highly monitored on our Website and if fraud is detected, Vintagers.com shall resort al remedies available to us, and you shall be responsible for all costs and legal fees arising from these fraudulent activities.
WARRANTY DISCLAIMER AND LIMITATIONS OF LIABILITY
We will not be liable for indirect, special, or consequential damages, or any loss of revenue, profits, or data, arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed Euro 150 or the total price of the subject products paid or payable to you whichever is the lower.
We make no express or implied warranties or representations with respect to the Website or any products sold or offered on our Website (including, without limitation, warranties of fitness for any purpose, merchantability, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of our Website will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors. This Website and its information, contents, materials, products and services are provided on an “as is” and “as available” basis. You and understand and agree that your use of this Website is at your own risk.
You agree not to disclose information you obtain from us and/or from our clients, advertisers and suppliers. All information submitted by an end-user customer pursuant to its use of the Website is proprietary information of Vintagers.com. Such customer information is confidential and may not be disclosed.
Any delay or failure from us to enforce any of the terms, conditions and covenants hereof shall not be deemed a waiver of any rights or remedy that the we may have, nor shall it be construed as a waiver of any subsequent breach of the terms, conditions or covenants hereof, which terms, conditions and covenants shall continue to be in full force and effect.
No waiver by either party of any breach of any provision hereof shall be deemed a waiver of any subsequent or prior breach of the same or any other provision.
This Agreement shall be governed by and construed in accordance with the substantive laws of France, without any reference to conflict-of-laws principles.
Any dispute, controversy or difference which may arise between the parties out of, in relation to or in connection with this Agreement is hereby irrevocably submitted to the exclusive jurisdiction of the courts of France, to the exclusion of any other courts without giving effect to its conflict of laws provisions or your actual state or country of residence.
The entire agreement between the parties with respect to the subject matter hereof is embodied on this agreement and no other agreement relative hereto shall bind either party herein.
Your rights of whatever nature cannot be assigned nor transferred to anybody, and any such attempt may result in termination of this Agreement, without liability to us. However, we may assign this Agreement to any person at any time without notice.
In the event that any provision of these Terms and Conditions is found invalid or unenforceable pursuant to any judicial decree or decision, such provision shall be deemed to apply only to the maximum extent permitted by law, and the remainder of these Terms and Conditions shall remain valid and enforceable according to its terms.