Welcome to Vint Street. Please review our terms and conditions (Terms) before using our platform. If you have any questions in relation to these Terms, please contact us using the contact details set out below.  

Our contact details: 

Vintstreet Ltd, a company registered in England and Wales. Our company registration number is 15278988 (we, us or our). 

Phone number: 07516948996 

Address: Lonsdale House, High St, Lutterworth LE17 4AD 

Email: amy@vintstreet.com 

1. Introduction

We provide a platform which: 

1. 1. allows you to buy Vintstreet’s curated collection of goods, including vintage items (Vintstreet Sales); and 
   2. allows sellers selling vintage clothing, games and other items (Seller) and purchasers buying these goods (Buyers) to connect and transact (Vintstreet Marketplace),
      (together the Platform). 

These Terms contain the terms and conditions on which we supply the Platform to you.  

These Terms are entered into between us and you, together the Parties and each a Party. In these Terms, you or your means (as applicable) the person or entity registered with us, as either a Buyer or Seller, or the individual accessing or using the Platform. 

If you are using the Platform on behalf of your employer or a business entity, you, in your individual capacity, represent and warrant that you are authorised to act on behalf of your employer or the business entity and to bind the entity and the entity’s personnel to these Terms. 

2. Acceptance and Platform Licence 

You accept these Terms by accepting these Terms on the Platform. 

You must be at least 16 years old to use the Platform.  

If a Buyer, Seller or individual accessing or using the Platform of any of the Services is under the age of 18, these Terms must be accepted on behalf of person by the person’s parent or legal guardian. The parent or legal guardian agrees that they have legal authority to accept these Terms on behalf of the person, and warrants and agrees: 

1. that there are no consent or court orders in place preventing them from making decisions on behalf of the person; 
2. they have read, understood, and agree to these Terms, and informed the person of the contents of these Terms and about the Platform; and 
3. they have read our privacy policy, available at. https://vintstreet.com/privacy-policy/ 

We may amend these Terms at any time, by providing written notice to you (including via the Platform). By clicking “I accept,” or similar, or continuing to use the Platform. If you do not agree to the amendment and it adversely affects your rights, you may cancel these Terms with effect from the date of the change in these Terms by providing written notice to us within 7 days of us notifying you of the change. If you cancel these Terms, you will no longer be able to use the Platform on and from the date of cancellation. 

If you access or download our mobile application from (1) the Apple App Store, you agree to any Usage Rules set forth in the App Store Terms of Service or (2) the Google Play Store, you agree to the Android, Google Inc. Terms and Conditions including the Google Apps Terms of Service. 

Subject to your compliance with these Terms, we grant you a personal, non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to download and use our Platform in accordance with these Terms.  All other uses are prohibited without our prior written consent. 

When using the Platform, you must not do or attempt to do anything that is unlawful or inappropriate, including:  

1. anything that would constitute a breach of an individual’s privacy or any other legal rights (including uploading private information or Personal Data without an individual’s consent); 
2. using the Platform to defame, harass, threaten, menace or offend any person; 
3. using the Platform for unlawful purposes; 
4. interfering with any user of the Platform; 
5. tampering with or modifying the Platform (including by transmitting viruses and using trojan horses); 
6. using the Platform to send unsolicited electronic messages;  
7. using data mining, robots, screen scraping or similar data gathering and extraction tools on the Platform; and 
8. facilitating or assisting a third party to do any of the above acts. 

3. Accounts 

You must register on the Platform and create an account (Account) to access the Platform’s features. 

You may only have 1 Account on the Platform, which you can use as a Seller and as a Buyer when accessing the Vintstreet Marketplace. 

You must provide basic information when registering for an Account including your contact name, address and email address and you must choose a username and password. The username you choose must not (1) be offensive or in other ways insulting or (2) contain characteristics which belong to a third party, including names of famous persons, or other names to which you do not own the rights. 

Where you are a Seller, you must link your  debit or credit card to one of the payment processors available on the Platform before you may start accepting Purchase Requests.  

You may also register for an Account using your Apple, Google or other social media network account (Social Media Account). If you sign in to your Account using your Social Media Account, you authorise us to access certain information on your Social Media Account including but not limited to your name and other basic information. 

Once you have registered an Account, your Account information will be used to create a profile. 

You agree to provide and maintain up to date information in your Account and to not share your Account password with any other person. Your Account is personal and you must not transfer it to others.  

You are responsible for keeping your Account details and your username and password confidential and you will be liable for all activity on your Account, including purchases made using your Account details. You agree to immediately notify us of any unauthorised use of your Account. 

We may make access to and use of certain parts of the Platform subject to conditions or requirements, including identity verification, cancellation history, quality of services and threshold of reviews. You agree to be bound by and to comply with these conditions or requirements. 

4. Vintstreet Products  

This clause 4 will apply where you purchase our Vintstreet products directly from us, as indicated on the Platform (Vintstreet Product).  

Please be aware that some of the products sold through the Platform may not be suitable for children under 18 years old. Please take extra care when ordering products for children under 18 years old. 

Placing an order – ‘buy now’ 

You may order Vintstreet Products from us as set out on the Platform. If you place an order for Vintstreet Products on the Platform, you are making an order to purchase the Vintstreet Product/s for the price listed on the Platform, plus the delivery fees or other applicable charges and taxes. 

It is your responsibility to check the order details, including selected Vintstreet Products, delivery details and pricing, before you submit your order through the Platform. Once you submit an order successfully on the Platform, a binding agreement is formed for the supply of Vintstreet Products to you in accordance with these Terms. 

When you order and pay on the Platform and your payment has been validated, we will provide you with an order confirmation email, which may include an order ID, the delivery address and a description of what was ordered. 

We may cancel, at any time before delivery and for whatever reason, an order that we have previously accepted, including where there is a considerable delay in dispatching your order, if for any reason we cannot supply the Vintstreet Product you ordered (for example for an event beyond our reasonable control) or if the Vintstreet Products ordered were subject to an error on our Platform (for example they were out of stock or in relation to a description, price or image). We will contact you using the details you provided when you placed your order. 

You may cancel an order for the Vintstreet Product within 24 hours after the order has been made. Following this time, the order is non-cancellable, and the item will be dispatched to you.  

Placing an order – auction sales  

We may list some of our Vintstreet Products on the Platform with an auction functionality where you can bid to purchase the Vintstreet Product (Vintstreet Auction). 

By placing a bid on a Vintstreet Auction, you are making a binding offer to purchase the item at the bid price. You may not retract your bid once it has been placed. 

The highest valid bid at the end of the auction period will be the winning bid, and the Account who placed that bid agrees to purchase the Vintstreet Product at the winning bid price, plus any applicable delivery fees and taxes. 

If you are the winning Buyer and fail to complete the transaction, we may, at our discretion: 

1. suspend or terminate your Account;
2. prohibit you from participating in future auctions; and/or
3. take other actions as we deem appropriate. 

Payment  

You agree to pay the Price upfront, to confirm an order. 

All amounts are stated in pounds, being the currency of the UK from time to time, and are inclusive of value added tax (or any equivalent tax in the UK) (VAT), (where applicable). 

You must pay the Price upfront using one of the methods set out on the Platform. 

You must not pay, or attempt to pay, the Price by fraudulent or unlawful means. If you make a payment by debit card or credit card, you warrant that you are authorised to use the debit card or credit card to make the payment. 

The payment methods we offer are set out on the Platform. We may offer payment through a third-party provider, for example, Klarna and Clearpay. You acknowledge and agree that we have no control over the actions of the third-party provider, and your use of the third-party payment method may be subject to additional terms and conditions. We do not store any credit card details, and all payment information is collected and stored through our third-party payment processor. 

Where you order the Vintstreet Products for delivery outside of the UK, you may need to pay custom charges or taxes in addition to the Price. 

Delivery, title and risk 

We will deliver the Vintstreet Products to the delivery address you provide when making your order. We currently deliver to the areas set out on the Platform. Please refer to the delivery information on the Platform to ensure you are in our delivery area. If you are not in our delivery area please contact us to discuss delivery options.  

We normally dispatch Vintstreet Products within 3 Business Days of receiving an order, unless otherwise noted on the Platform. Any delivery periods displayed on the Platform are estimates only, based on the information provided by the delivery company. 

We deliver the Vintstreet Products using a range of delivery methods. You may need to sign for some deliveries. If neither you nor your authorised representative is at the delivery address to accept delivery, you agree that we may leave the Vintstreet Products at your premises. 

Risk in the Vintstreet Products will pass to you when the Vintstreet Products have come into your physical possession, except where you have arranged for delivery by a carrier (not named as an option by us) yourself, in which case, risk in the Vintstreet Products will pass to you on delivery to the carrier.  

Change of mind returns  

We offer refunds for Vintstreet Products within 14 days of delivery, subject to these Terms.. 

The right to cancel does not apply to (a) Vintstreet Products which are sealed, once these have been unsealed after you receive them, (b) Vintstreet Products where any tags or stickers have been removed or replaced, or (c) products you have damaged, or that are no longer in their original condition (including where there are signs of wear). 

Tell us you want to cancel these Terms: If you want to cancel or terminate these Terms and request a change of mind return, you should email us using the contact details at the start of these Terms, and you may use the Model Cancellation Form at Attachment

Returning Vintstreet Products after you cancel these Terms: If you cancel these Terms for any reason after the Vintstreet Products have been dispatched to you, you must return them to us. If you are exercising your right to change your mind under clause you must send the Vintstreet Products back to us within 14 days of telling us you wish to cancel these Terms. 

Costs of return: You must cover the costs of returning the Vintstreet Products to us, except in the following circumstances, where we will pay the costs of return: 

1. if the Vintstreet Products are faulty or misdescribed; or 
2. an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong. 

Deductions from refunds if you are exercising your right to change your mind: If you are exercising your right to change your mind and returning goods to us, we may reduce your refund of the Price (excluding delivery costs) to reflect any reduction in the value of the Vintstreet Products, if this has been caused by your mishandling. If we refund you the Price paid before we are able to inspect the Vintstreet Products and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount; and 

When your refund will be made: We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind, your refund will be made within 14 days from the day on which we receive the relevant Vintstreet Products back from you. 

5. Vintstreet Marketplace 

Vintstreet Marketplace summary    

The Platform also features a marketplace where Buyers and Sellers can find each other, and advertise, buy and sell goods online. We provide the Vintstreet Marketplace (including hosting and maintaining the Vintstreet Marketplace) to users, process payments between Buyers and Sellers, and provide promotional opportunities for Sellers (together the Vintstreet Services).  

This clause 5 will apply where you participate as a Buyer or a Seller on the Vintstreet Marketplace.  

We will provide the Vintstreet Services in accordance with this Agreement and all applicable laws, and we warrant to you that the Vintstreet Services will be provided using reasonable care and skill.  

You understand and agree that we only make available the Vintstreet Services. We are not party to any agreement entered into between a Buyer and a Seller, and we have no control over the conduct of Sellers, Buyers or any other users of the Platform.  

A Seller wanting to provide goods creates an Account on the Platform and posts an accurate and complete description of the goods they can provide, including the fees for the goods (Listing Fees) and any other relevant details (Seller Listing). 

Sellers must include all additional terms and conditions relating to their goods in the relevant Sellers’ Listing or must clearly state that there are additional terms and conditions. By sending a Purchase Request, a Buyer is accepting the additional terms and conditions of the relevant Sellers. 

A Seller can withdraw its Seller Listing at any time before a Buyer purchases the item. 

Buyers and Sellers can be located all over the world, therefore customs and duties may be applicable to purchases on the Vintstreet Marketplace. While we endeavour to display all applicable charges on the Platform before checkout, Buyers located in a different country from the Seller may be required to pay additional import taxes, duties, or fees upon arrival of the goods in their delivery country.  

Placing an order – ‘buy now’ 

A Buyer may request to purchase the goods described in a Seller Listing by sending a request through the Platform. The request is an offer from the Buyer to the Seller to buy the goods described in the Seller Listing (Purchase Request).  

If the Seller accepts the Purchase Request through the Platform, it becomes a Confirmed Purchase.  

By accepting a Purchase Request, the Seller confirms that it is legally entitled to and capable of supplying the relevant goods.  

Placing an order – auction sales  

Some Seller Listings may feature an auction functionality where Buyers can bid on items listed by Sellers (Auction Listings). 

By placing a bid on an Auction Listing, you are making a binding offer to purchase the item at the bid price. You may not retract your bid once it has been placed. 

The highest valid bid at the end of the auction period will be the winning bid, and the Buyer who placed that bid agrees to purchase the item at the winning bid price. 

Upon winning an auction, the transaction becomes a Confirmed Purchase, and the Buyer agrees to complete the transaction with the Seller. 

If you are the winning Buyer, you agree to pay the winning bid amount, plus any applicable delivery fees, taxes, and the Buyer Protection Fee. 

If you are the winning Buyer and fail to complete the transaction, we may, at our discretion: 

1. suspend or terminate your Account; 
2. prohibit you from participating in future auctions; and/or
3. take other actions as we deem appropriate. 

Sellers may set a “Buy Now” price. If a Buyer chooses to purchase the item at this price, the auction will immediately end and the item will be sold to that Buyer. 

Sellers agree that by listing an item for auction, they are making an offer to sell the item to the highest bidder. Sellers may not cancel an Auction Listing once a bid has been placed, except in exceptional circumstances and with our express permission. 

Where you are a Seller, we do not guarantee that any Auction Listing will receive bids or result in a sale. 

Buyer Protection Fee 

We offer Buyer Protection, to provide you with a remedy where an item you purchase on the Vintstreet Marketplace is lost, damaged or is materially different to how the product was described by the Seller. 

A fee for Buyer Protection, as set out on the Platform (Buyer Protection Fee) will be automatically added to all purchases made through the Vintstreet Marketplace. The Buyer Protection Fee is non-optional and is included in the checkout price. 

Buyer Protection provides Buyers with the following remedies in the event of issues with their purchase: 

1. If the item is not received: Where a Buyer does not receive the item purchased through the Platform, and the Seller cannot provide proof of delivery, the Buyer may be eligible for a full refund of the Listing Fee. 
2. Item not as described: If the item received is significantly different from the Seller’s description on the Platform, the Buyer may be eligible for a full refund of the Listing Fee upon return of the item to the Seller, or partial refund if the Buyer chooses to keep the item. 

Damaged items: For items that arrive damaged or faulty, the Buyer may be eligible for a full refund of the Listing Fee upon return of the item to the Seller, or a partial refund for the cost of repair if the Buyer chooses to keep the item. 

1. Counterfeit items: If a Buyer receives an item that is proven to be counterfeit, they will be eligible for a full refund of the Listing Fee upon return of the item. 

To be eligible for these remedies, Buyers must: 

report the issue to us within 2 days of receiving the item (Buyer Protection Claim Period); 

1. provide us with all necessary evidence as requested by us to support their claim; and 
2. cooperate with our investigation process. 

We will assess each claim on a case-by-case basis and make a determination at our sole discretion, acting reasonably. 

In cases where a refund is approved, we will process the refund to the Buyer’s original payment method within 10 days Business Days of our decision. 

The Buyer Protection does not cover: 

1. a Buyer’s remorse or change of mind;
2. claims made outside the specified timeframes;
3. transactions completed outside of the Platform; or
4. losses due to the Buyer’s failure to exercise reasonable caution. 

We reserve the right to modify the Buyer Protection coverage at any time, with any changes being effective immediately upon posting to the Platform. Your continued use of the Platform after such changes constitutes your acceptance of the new Buyer Protection terms. 

You understand and agree that the Buyer Protection Fee is non-refundable and will not be returned to you after purchase, even if no claim is made under the Buyer Protection Policy. 

Payments  

As a Buyer, you agree to pay (and your chosen payment method will be charged) the Listing Fees at the time a Purchase Request is accepted and becomes a Confirmed Booking, or when an Offer is accepted. 

As a Buyer, the Buyer Protection Fee will be payable by you to us at the same time that you pay the Listing Fees, in addition to the Listing Fees. 

As a Seller, in consideration for providing the Platform, we will charge you the services fees (as set out on the Platform) to the Seller as set out on the Platform (Service Fee). The Service Fee will be deducted from the Listing Fees, and will be paid to us at or around the same time as the Buyer pays the Listing Fees through the Platform.  

Upon receipt of the Listing Fees from the Buyer, our third party payment processor will hold the Listing Fees, minus our Service Fee, until such time as the Seller has delivered the goods to the Buyer and the Buyer Protection Claim Period has ended. The Listing Fees may be held in accordance with clause 5.39, and not distributed to the Seller, where a Buyer has raised a claim under the Buyer Protection.  

The payment methods we offer are set out on the Platform. We may offer payment through a third-party provider, for example, Klarna and Clearpay. You acknowledge and agree that we have no control over the actions of the third-party provider, and your use of the third-party payment method may be subject to additional terms and conditions. We do not store any credit card details, and all payment information is collected and stored through our third-party payment processor. 

You must not pay, or attempt to pay, any amount in connection with these Terms by fraudulent or unlawful means. If you make a payment by debit card or credit card, you warrant that you are authorised to use the debit card or credit card to make the payment. If payment is made by direct debit, by providing your bank account details and accepting these Terms, you authorise our nominated third party payment processor to debit your account in accordance with these Terms and you certify that you are either an account holder or an authorised signatory on the account for which you provide details. 

You agree that we may set-off or deduct from any monies payable to you under these Terms, any amounts which are payable by you to us in connection with the Platform. 

We reserve the right to place a hold on any funds transacted through the Platform in connection with a Confirmed Purchase. Funds may be held in the event of a dispute under the Buyer Protection, to allow time for resolution of the dispute, or where we reasonably believe that a transaction may violate these Terms or applicable laws. We will endeavour to resolve a dispute under the Buyer Protection within 10 days, and funds will generally take an additional 10 days to be received by the Seller. If funds are placed on hold, we will provide notice to the applicable Seller detailing the reasons for the hold. We do not pay interest on any funds held pursuant to this clause. You agree that we shall have no liability for any losses or damages arising out of our decision to hold funds in accordance with this clause. This clause shall not be interpreted to obligate us to hold funds in any particular situation, and our decision not to hold funds does not transfer any liability to us arising from or related to the applicable transaction.  

We do not store any credit card details, and all payment information is collected and stored through our third-party payment processor. 

Refunds and cancellation 

Subject to disputes under Buyer Protection, the cancellation, exchange or refund of any goods ordered on this Platform is strictly a matter between the relevant Buyer and Seller. The terms and conditions agreed to between the Seller and the Buyer must be set out clearly in the relevant Seller Listing.  

For disputes between Buyers and Sellers, we encourage Parties to attempt to resolve disputes (including claims for returns or refunds) with the other Party directly and in good faith, either on the Platform or through external communication methods. In the event that a dispute cannot be resolved through these means, the Parties may choose to resolve the dispute in any manner agreed between the Parties or otherwise in accordance with applicable laws.  

6. Promotional Opportunities and Discount Codes 

As a Seller, you may choose to purchase promotional opportunities, such as placement on our home page (Promotional Opportunity). Promotional Opportunities are subject to the fees and the terms and conditions as set out in any Promotional Opportunity offer and displayed on the Platform or otherwise communicated to you. In the event of any conflict between any Promotional Opportunity terms and conditions and these Terms, the Promotional Opportunity terms and conditions will prevail.  

We may from time-to-time issue promotional discount codes to you for use on the Platform. To claim the discount, you must enter the promotional discount code at the time of submitting your order or Purchase Request on the Platform. The conditions of use relating to promotional discount codes will be set out on the Platform. We may also from time to time run competitions on the Platform or on social media. These competitions are subject to terms and conditions which will be made available on the Platform at the time of the competition.  

7. Communication 

We may contact you via the Platform using in-Account notifications, or via off-Platform communication channels, such as text message or email. 

Buyers and Sellers using the Vintstreet Marketplace can communicate privately using our private messaging service. Buyers and Sellers must not organise the provision of the goods off the Platform, or otherwise to attempt to circumvent the payment of Service Fees to us.  

8. Reviews – Vintstreet Marketplace 

Reviews can be made by Buyers about their experience purchasing from a Seller on the Platform (Review).  

Reviews can be viewed by any user and will remain viewable until the relevant Account is removed or terminated. 

You agree to provide true, fair and accurate information in your Review. If we consider that the Review is untrue, unfair, inaccurate, offensive or inappropriate, we may delete the Review or ban you from posting the Review. We do not undertake to review each Review. To the maximum extent permitted by law, we are not responsible for the content of any Reviews. 

You can write a Review about a Seller if you have had an experience with that Seller, which means that (1) you have engaged the Seller through the Platform; or (2) you can otherwise document your interaction with the Seller in relation to the Platform, including via correspondence (collectively referred to as a Buyer Experience). 

You may not write a review about a Seller you have previously owned, currently own, or which an immediate family member currently owns, or if you are an executive or employee of that Seller, or otherwise work for the Seller. Similarly, you may not write a Review about a direct competitor to the Seller that you own, are employed by or work for.  

Your Buyer Experience must have occurred in the 12 months prior to you writing a Review.  

You may only write about your own Buyer Experience. You are not permitted to write a Review about somebody else’s Buyer Experience, such as that of a family member or friend. 

You are encouraged to be specific and factual in your Reviews. If you have been offered an incentive to write a Review, you should include information about this in your Review. Incentives include being offered a gift, reward, discount or advantage for writing a Review on the Platform. 

This clause will survive the termination or expiry of these Terms. 

9. Intellectual Property 

All intellectual property (including copyright) developed, adapted, modified or created by us or our personnel (including in connection with the Terms, the Platform itself and any content on the Platform (except User Content)) (Our Intellectual Property) will at all times vest, or remain vested, in us.  

We authorise you to use Our Intellectual Property solely for the purposes for which it was intended to be used. 

You must not, without our prior written consent: 

1. copy, in whole or in part, any of Our Intellectual Property;  
2. reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any of Our Intellectual Property to any third party; or 
3. breach any Intellectual Property rights connected with the Platform, including (without limitation) altering or modifying any of Our Intellectual Property; causing any of Our Intellectual Property to be framed or embedded in another website; or creating derivative works from any of Our Intellectual Property. 

Nothing in the above clause restricts your ability to publish, post or repost Our Intellectual Property on your social media page or blog, provided that: 

1. you do not assert that you are the owner of Our Intellectual Property; 
2. unless explicitly agreed by us in writing, you do not assert that you are endorsed or approved by us;  
3. you do not damage or take advantage of our reputation, including in a manner that is illegal, unfair, misleading or deceptive; and  
4. you comply with all other provisions of these Terms. 

This clause will survive the termination or expiry of these Terms. 

10. Content you upload  

You may be permitted to post, upload, publish, submit or transmit relevant information and content, including Reviews (User Content) on the Platform. We may run campaigns via the Platform and via social media that encourage you to post User Content on social media using specific hashtags (#) (Tag). 

If you make any User Content available on or through the Platform, including on social media using a Tag, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, copy, adapt, modify, distribute, license, transfer, communicate, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content on, through or by means of the Platform and our social media platforms. We agree to only modify User Content to the extent reasonably required by us. You may request that any of your User Content is removed from the Platform or social media by sending us an email. We will endeavour to action any removal requests within a reasonable time. This does not limit any rights you may have under any applicable privacy laws. 

You agree that you are solely responsible for all User Content that you make available on or through the Platform, including on social media using a Tag. You represent and warrant that:  

1. you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content (as contemplated by these Terms); and 
2. neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of our Platform (including on social media) will infringe, misappropriate or violate a third party’s Intellectual Property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. 

We do not endorse or approve, and are not responsible for, any User Content. We may, at any time (at our sole discretion), remove any User Content. 

If you believe that any User Content on the Platform is an infringement of your Intellectual Property rights, please contact us using the contact details set out at the top of these Terms, and we may investigate. 

This clause will survive the termination or expiry of these Terms.  

11. Warranties 

You represent, warrant and agree that: 

1. you will not use our Platform, including Our Intellectual Property, in any way that competes with our business;
2. there are no legal restrictions preventing you from entering into these Terms;   
3. all information and documentation that you provide to us in connection with these Terms is true, correct and complete;   
4. where you are a Seller, you are responsible for complying with all laws, rules and regulations which apply to you or your Seller Listings; and 
5. where you are a Seller, you are appropriately licensed (if applicable) to sell the goods. 

12. Data Protection 

We understand that protecting your Personal Data is important. We set out how we handle your Personal Data in our Privacy Policy, available on our website. 

We process Buyers’ Personal Data, and Sellers process Buyers’ Personal Data (for example, the Buyer’s name and delivery address), as separate and independent controllers. This means that we and Sellers are responsible for the Personal Data of Buyers we each process.  

Where you are a Seller, you agree to: 

1. comply with all obligations under the Data Protection Act 2018 (if it applies to you), and all other data protection laws applicable to the processing of Buyer Personal Data; 
2. only process Buyers’ Personal Data that you receive through the Platform exclusively for the purpose(s) for which you received the Personal Data under and/or in connection with these Terms; and  
3. delete all Buyer Personal Data you receive in connection with the Platform and/or these Terms immediately after the respective purpose(s) has/have been fulfilled, except to the extent you are legally required to retain the Personal Data. 

Despite anything to the contrary, to the maximum extent permitted by law, you (as a Seller) are liable for, and agree to indemnify us and hold us harmless in respect of, any Liability that we may suffer, incur or otherwise become liable for, arising from or in connection with your breach of this clause 12 or any applicable data protection laws.  

13. Limitations on liability 

Nothing in this Agreement limits any Liability which cannot legally be limited, including Liability for: 

1. death or personal injury caused by negligence; 
2. fraud or fraudulent misrepresentation; 
3. breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession); and 
4. defective products under the Consumer Protection Act 1987. 

This clause 13.2 applies if you are a ‘consumer’ as defined in the Consumer Rights Act 2015 and to the extent that the Platform is considered digital content. If the Platform is defective and it damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us. 

To the maximum extent permitted by law, we will not be liable for, and you waive and release us from and against, any Liability caused or contributed to by, arising from or connected with:   

1. any Third Party Services, or any unavailability of the Platform due to a failure of the Third Party Services; and 
2. in respect of the Vintstreet Marketplace, any aspect of the Buyer and Seller interaction including the goods offered by the Seller, the description of the goods requested or offered, or the supply and delivery of goods by the Seller.  

Subject to clause 13.2 (damage caused by defective digital content) and clause 13.1 (liability which cannot legally be limited), but despite anything to the contrary, to the maximum extent permitted by law:   

1. you agree to indemnify us for any Liability we incur due to (i) any claim (including from any tax authority) for any VAT for which you are responsible that you did not correctly declare or remit to the relevant tax authority, (ii) your breach of the Acceptance and Platform Licence clause (clause 2), and (iii) your breach of the Intellectual Property clause (clause 9) of this Agreement; 
2. if you are not a ‘consumer’ as defined in the Consumer Rights Act 2015, we will not be liable for any Consequential Loss; 
3. where you are a ‘consumer’ as defined in the Consumer Rights Act 2015, we will have no liability to you for any loss of profit, loss of business, loss of data, business interruption, or loss of business opportunity; 
4. a party’s liability for any liability under this Agreement will be reduced proportionately to the extent the relevant liability was caused or contributed to by the acts or omissions of the other party, including any failure by that other party to mitigate its loss; and  
5. our aggregate liability for any and all Liability arising from or in connection with this Agreement will be limited to 100% of the Service Fees (or if none are payable, £50). 

We have given commitments as to the compliance of the Platform with this Agreement and applicable Laws in clause 5.5. In view of these commitments, the terms implied by sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 are, to the maximum extent permitted by law, excluded from this Agreement. 

This clause 13 will survive the termination or expiry of these Terms. 

14. Termination 

You may cancel your Account at any time, using the ‘cancel Account’ functionality (or similar) in the Account page section of your Account settings. Your cancellation will take effect immediately.  

We may terminate these Terms at our discretion, effective immediately, including if we no longer intend to operate the Platform (Termination for Convenience). 

These Terms will terminate immediately upon written notice by a Party (Non-Defaulting Party) if: 

1. the other Party (Defaulting Party) breaches a material term of these Terms and that breach has not been remedied within 10 Business Days of the Defaulting Party being notified of the breach by the Non-Defaulting Party; or 
2. the Defaulting Party is unable to pay its debts as they fall due. 

As a Seller, if you repeatedly receive Reviews below 3 stars, then this will be considered a breach of a material term for the purpose of the above clause. 

Should we suspect that you are in breach of these Terms, we may suspend your Account while we investigate the suspected breach, or we may cancel your Account (acting reasonably).  

Upon expiry or termination of these Terms: 

1. we will remove your access to the Platform, and your Account will be deleted; 
2. we will immediately cease providing the Vintstreet Services; 
3. where you have made a purchase of a Vintstreet Product, we will send the Vintstreet Product to you, and you will still be liable to pay us the Price; 
4. where you are a Buyer on the Vintstreet Marketplace, we will cancel any existing Confirmed Purchases and the Listing Fees (minus the Service Fee) will be refunded to you;  
5. where you are a Seller on the Vintstreet Marketplace, we will cancel any existing Confirmed Purchases and refund the relevant Buyers in accordance with the ‘Vintstreet Marketplace’ clause; and 
6. where we terminate the Terms as a result of your unrectified default, you also agree to pay us our reasonable additional costs directly arising from such termination, including recovery fees. 

Where termination is due to our breach of these Terms or due to our Termination for Convenience, we agree to refund you for any prepaid Buyer Protection Fee, Service Fees or Listing Fees on a pro-rata basis.  

Termination of these Terms will not affect any rights or liabilities that a Party has accrued under it.   

This clause will survive the termination or expiry of these Terms. 

15. General  

Assignment: Subject to the below clause 15.2, a Party must not assign or deal with the whole or any part of its rights or obligations under these Terms without the prior written consent of the other Party (such consent is not to be unreasonably withheld).  

Assignment of Debt: You agree that we may assign or transfer any debt owed by you to us, arising under or in connection with these Terms, to a debt collector, debt collection agency, or other third party.  

Contracts (Rights of Third Parties) Act 1999: Notwithstanding any other provision of this Agreement, nothing in this Agreement confers or is intended to confer any right to enforce any of its terms on any person who is not a party to it. 

Disputes:  Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use. You can submit a complaint to The Centre for Effective Dispute Resolution via their website at https://www.cedr.com/. The Centre for Effective Dispute Resolution will not charge you for making a complaint and if you are not satisfied with the outcome you can still bring legal proceedings.  

Entire Terms: Subject to your consumer law rights (if applicable), these Terms contains the entire understanding between the Parties and the Parties agree that no representation or statement has been made to, or relied upon by, either of the Parties, except as expressly stipulated in these Terms, and these Terms supersedes all previous discussions, communications, negotiations, understandings, representations, warranties, commitments and agreements, in respect of its subject matter. 

Force Majeure: Neither Party will be liable for any delay or failure to perform their respective obligations under these Terms if such delay or failure is caused or contributed to by a Force Majeure Event, provided the Party seeking to rely on the benefit of this clause, as soon as reasonably practical, notifies the other party in writing about the Force Majeure Event and the extent to which it is unable to perform its obligations, and uses reasonable endeavours to minimise the duration and adverse consequences of the Force Majeure Event. 

Further assurance: Each Party must promptly do all things and execute all further instruments necessary to give full force and effect to these Terms and their obligations under it. 

Governing law: These Terms are governed by the laws of England and Wales. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in England and Wales and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts.   

Notices: Any notice given under these Terms must be in writing addressed to us at the details set out below or to you at the details provided in your Account. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email. 

Publicity: If you are a Seller, with your prior written consent, You agree that we may advertise or publicise the broad nature of our supply of the Vintstreet Services to you, including on our website or in our promotional material. 

Relationship of Parties: These Terms are not intended to create a partnership, joint venture, employment or agency subject to us acting as your limited payment agent) relationship between the Parties. 

Severance: If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or that part of that provision) will be severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms. 

Third party sites: The Platform may contain links to websites operated by third parties. Unless we tell you otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. We recommend that you make your own investigations with respect to the suitability of those websites. If you purchase goods or services from a third party website linked from the Platform, such third party provides the goods and services to you, not us. We may receive a benefit (which may include a referral fee or a commission) should you visit certain third-party websites via a link on the Platform (Affiliate Link) or for featuring certain products or services on the Platform. We will make it clear by notice to you which (if any) products or services we receive a benefit to feature on the Platform, or which (if any) third party links are Affiliate Links. 

16. Definitions  

Consequential Loss includes any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise. The Parties acknowledge and agree that your obligation to pay us any fees under these Terms will not constitute “Consequential Loss” for the purposes of this definition. 

Force Majeure Event means any event or circumstance which is beyond a Party’s reasonable control. 

Intellectual Property means any copyright, registered or unregistered designs, patents or trade marks, business names, get-up, goodwill, domain names, know-how, inventions, processes, trade secrets or Confidential Information, circuit layouts, software, computer programs, databases or source codes, including any application, or right to apply, for registration of, and any improvements, enhancements or modifications of, the foregoing. 

Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), misrepresentation, restitution, indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or a Party to these Terms or otherwise. 

Personal Data has the meaning given in the Data Protection Act 2018. 

Price means the price for a Vintstreet Product listed on the Platform, plus the delivery fees or other applicable charges and taxes. In the event of a Vintstreet Auction, the Price is the winning bid price of the item, plus the delivery fees or other applicable charges and taxes. 

Last updated: 12 November 2024 

ATTACHMENT 1 – MODEL CANCELLATION FORM 

(Complete and return this form only if you wish to withdraw from the contract) 

To [TRADER’S NAME, ADDRESS, TELEPHONE NUMBER AND, WHERE AVAILABLE, FAX NUMBER AND E-MAIL ADDRESS TO BE INSERTED BY THE TRADER] 

I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/for the supply of the following service [*], 

Ordered on [*]/received on [*], 

Name of consumer(s), 

Address of consumer(s), 

Signature of consumer(s) (only if this form is notified on paper), 

Date 

[*] Delete as appropriate