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Terms & Conditions


elvinyl is an online marketplace which allows users to buy and sell records and other goods using the elvinyl website (the “Marketplace”). You can search for records that are included in our database, add records that are not listed, get notified when records you want are listed, log-in to your account and view other users' profiles using the website.

The Marketplace is operated by Blue Keith Limited, incorporated and registered in England and Wales under company number 11652112 and with registered office is at Units 1 & 2 Field View Units 1 And 2 Field View, Baynards Green Business Park, Bicester, Oxfordshire, England, OX27 7SG.




Your relationship with us


This document and any other documents referred to herein (collectively, the “Terms of Use”) set out the terms of your relationship with us. You should read the Terms of Use before using the Marketplace. If there is anything in the Terms of Use that you do not understand, then please contact us at keith@elvinyl.com.

By setting up an account with us and/or using and accessing the Marketplace, you agree to and accept these Terms of Use in their entirety. Use of the Marketplace is conditional on you agreeing to the Terms of Use.




Privacy


We value your privacy. You should read our Privacy Notice to understand how we collect, use and share information about you. You should also read our Cookies Policy to understand how we use cookies within the Marketplace.




Account


To buy or sell records or to receive notifications on our Marketplace, you must register with us and set up an account with a username and password (your “Account”). This personal data will be used in accordance with our Privacy Notice.

You must be at least 13 years of age and capable in your country of residence of entering into a legally binding agreement to use our Marketplace. elvinyl does not knowingly collect or solicit any information from anyone under the age of 13 or knowingly allow such persons to register to use the Marketplace. elvinyl is a General Audience Site and the Marketplace and its content are not directed at children under the age of 13 nor users below the applicable statutory age in their country of residence

In the event that we learn that we have collected personal information from a child under age 13 without parental consent, we will take appropriate action that may include deleting that information as quickly as possible, or taking steps to ensure its processing is lawfully consented.

You may, in time, be able to connect to the Marketplace via third-party sites approved by us (e.g. Facebook, Instagram or Twitter) and in such circumstances you give us permission to access and use your information from that service as permitted by that service, and to store your log-in token for that service as set out in our Privacy Notice. We are however not responsible for the content of third party sites nor how they use your personal data, and recommend that you read their terms & conditions and privacy notices prior to logging in.

You are responsible for maintaining the confidentiality of your login details and any activities that occur under your Account. If you have any concerns that your Account may have been misused, you should contact us at keith@elvinyl.com as soon as possible to let us know.




The Marketplace


Our Marketplace allows you to buy and sell records and other items.

You can sell your records and other goods through our Marketplace by uploading pictures of the goods you want to sell (“Goods”).

Goods must only be sold and purchased using PayPal accessed through the Marketplace (a “Transaction”). You will therefore need a PayPal account to use the Marketplace. If you are under 18 and do not have your own PayPal account, and plan to use a parent’s or third party’s PayPal account, you undertake that you have express permission to use such parent’s or third party’s PayPal account in relation to each and every transaction undertaken on elvinyl.

To safeguard the interests of our users, you are not permitted to sell or purchase Goods by making direct arrangements with the buyer or the seller to use a payment method other than PayPal via the Marketplace. Please note that selling or purchasing Goods in any other way is a breach of our Marketplace Rules and can result in, among other things, suspension or termination of your access to the Marketplace (See section 8).

We want our Marketplace to be a positive experience for our users and we ask that you honour the commitments you make to another user in respect of the sale or purchase of Goods.

Any agreement for and/or purchase of Goods is made solely between you and the seller. Complaints, questions and claims related to Goods should be directed to the seller. Where users cannot resolve issues relating to a Transaction between themselves, we will attempt to help mediate such disputes through our dispute resolution process. You can find out more about our dispute resolution procedure at section 15 of these Terms of Use.

As we are not the seller of any Goods, we have no control and do not give any commitment relating to the existence, quality, safety, genuineness or legality of Goods, the truth or accuracy of any picture or description of the Goods or any other content made available by users, the ability of sellers to sell Goods, the ability of buyers to pay for them or that a buyer or seller will actually complete a Transaction or return the Goods, and we have no liability in this respect. Sellers are responsible for ensuring that any age-restricted Goods are marked clearly with the applicable age restriction (as required by law) and Buyers agree that they shall not attempt to purchase Goods if they are younger than the advertised and legal age restriction.




Use of the Marketplace


The intellectual property rights in all materials and content comprising the Marketplace, including but not limited to images, written content and designs on each page of the elvinyl website, either belong to us or we have permission from the owner to use them on the Marketplace as we see fit. All such intellectual property is protected by worldwide intellectual property laws, including copyright and design laws. We give you permission to use the materials and content comprising the Marketplace for the sole purpose of using the Marketplace in accordance with these Terms of Use.

Your right to use the Marketplace is personal to you and you are not allowed to give this right to another person or to sell, gift or transfer your Account to another person. Your right to use the Marketplace does not stop us from giving other people the right to use the Marketplace.

Other than as allowed in these Terms of Use or by us in writing, you are not given the right to use the “elvinyl” name, or any of the “elvinyl” trademarks (registered or unregistered), logos, domain names, get-up and other distinctive brand features, all of which are intellectual property rights that belong to elvinyl.

These Terms of Use do not grant you any rights to, or in, any such intellectual property rights or any other rights or licences in respect of elvinyl’s materials and content, the Marketplace, elvinyl's name and/or trademarks, other than as set out in these Terms of Use.

elvniyl offers no warranty or licence whatsoever in respect of third party intellectual property (including without limitation artwork, text or music) made available to you on the Marketplace, whether by us or by other users or sellers, and any use by you of such third party rights is strictly not permitted and shall be at your own risk. elvinyl makes no representation of any kind as to the ownership, accuracy or originality of such third party intellectual property and grants no rights in its use. elvinyl expects and requires that its users will act lawfully and respect all third party rights of this nature, and you will hold elvinyl harmless in respect of any loss, damage, claim or action owing to your misuse of such rights.




Content


You confirm that images, sounds, text or information that you submit or create (“User Content”) whilst using the Marketplace will meet the Marketplace Rules.

You grant us a worldwide, non-exclusive, royalty-free, irrevocable and perpetual licence to use, copy, reproduce, distribute, adapt, re-format, modify, publish, translate, licence, sub-licence, assign, transfer and exploit the User Content (including any intellectual property rights therein) anywhere and in any form for the purposes of providing our Marketplace or for any purpose in connection with the operation of our business.

Our right to use your User Content does not in any way affect your privacy rights and we will only use information that identifies you as set out in our Privacy Notice.

We do not always check or moderate any User Content before it is added to the Marketplace by users. We may later check, moderate, reject, refuse or delete any User Content if we think that it breaks any of the Marketplace Rules, or we believe it is against the ethos of elvinyl.

User Content removed from the Marketplace may continue to be stored by us, including, without limitation, in order to comply with certain legal obligations. Therefore we encourage you to maintain your own backup of your User Content and you agree that you will not rely on the Marketplace for the purposes of User Content backup or storage. We shall have no liability for any loss of User Content.




Marketplace Rules


In addition to the other requirements within these Terms of Use, this section describes specific rules that apply to your use of the Marketplace (the “Marketplace Rules”).

You must make sure the email address you provide in your Account details remains active and is checked by you on a regular basis.

When using the Marketplace you must not:

a) Create more than one Account on the Marketplace (however, you may connect all your social networks or other services accounts, that we support, to your Account on the Marketplace) unless we agree otherwise.

b) Give any false or misleading information in your Account details.

c) Permit another person to use the Marketplace under your name or on your behalf unless you are a business and such person is authorised by you.

d) Use the Marketplace if we have suspended or banned you from using it.

e) Send junk, spam or repetitive messages.

f) Engage in any illegal or unlawful conduct including selling any fake or counterfeit items or any item that otherwise beaches another person’s rights, and must comply with applicable legal requirements relating to the sale or purchase of Goods (including but not limited to import and export rules and illegal products, the listing of any age restrictions, distance selling and cooling off rights which may apply to Goods where the seller is a business).

g) Modify, interfere, intercept, disrupt or hack the Marketplace.

h) Misuse the Marketplace by knowingly introducing viruses, Trojans, worms, logic bombs or other material which would harm the Marketplace or any user of the Marketplace’s own equipment.

i) Collect any data from the Marketplace other than in accordance with these Terms of Use.

j) Submit or contribute any User Content (including any messages, any comments and any description relating to Goods) that contains nudity or violence, is abusive, bullying, threatening, harassing, obscene, misleading, untrue, offensive, derogatory or uses bad or rude language, as elvinyl may decide in its absolute discretion.

k) Unfairly or unlawfully interfere or manipulate any ratings system or user feedback system.

l) Submit or contribute any User Content without the permission of the content owner, or otherwise infringe the copyright, trademark or other rights of third parties (which includes using hashtags for protected brands, in connection with your listing, that are irrelevant to such listing).

m) Offer to sell or buy illegal items - elvinyl has a zero tolerance policy on using the Marketplace to promote, advertise or sell counterfeit goods or infringing copies, drugs, drug paraphernalia, tobacco and/or tobacco paraphernalia or related products.

n) Purchase or sell Goods by making direct arrangements with the buyer or the seller to use a payment method other than PayPal available through the Marketplace.

o) Take any action which is deliberately designed to circumvent, reduce or manipulate the Commission due to us (as specified in section 11).

p) Submit or contribute any information or commentary about another person without that person’s permission, or post private or confidential information via the Marketplace, including, without limitation, your or any other person’s credit card information, national insurance, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses.

q) Mine data, screen scrape or crawl any part of the Marketplace.

r) Disassemble, decompile or reverse engineer any part of the Marketplace.

s) Adapt, copy, vary, edit, distribute or commercialise any content in the Marketplace without the prior written consent of elvinyl.

t) Circumvent any technical measures implemented to protect or provide the Marketplace.

u) Use any third party’s PayPal account unless you have express permission from them to do so.

Failure to comply with the Marketplace Rules constitutes a serious breach of these Terms of Use, and may result in our taking all or any of the following actions (with or without notice, and entirely at our discretion):

a) immediate, temporary or permanent withdrawal of your right to use our Marketplace;

b) immediate, temporary or permanent removal of any User Content (including the removal of Goods listed on the Marketplace);

c) issuing of a warning to you;

d) legal action against you including proceedings for reimbursement of all costs (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;

e) disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

We may investigate any suspected breach of the Marketplace Rules. During such investigation we may temporarily withdraw your right to use our Marketplace or remove User Content (including the removal of Goods listed on the Marketplace) without notice to you.

The responses described in section 8.4 are not limited, and we may take any other action we reasonably deem appropriate.




Notice and takedown policy


Any person may contact us by sending us an “Infringement Notice” if any content available through our Marketplace infringes their rights or fails to comply with our Marketplace Rules. The Infringement Notice should be sent either by post to elvinyl c/o Wework, 12 Hammersmith Grove, London, W6 7AP, United Kingdom or by email to keith@elvinyl.com. Please provide the information described below in the Infringement Notice:

a) your name and contact details;

b) a statement explaining in sufficient detail why you consider that the content available through our Marketplace infringes your rights or fails to comply with our Marketplace Rules; and

c) a link to or such other means of identifying the problematic content.

We will take the action that we believe is appropriate depending on the nature of the Infringement Notice and will aim to respond to you within a reasonable period of time on the action we propose to take.




Advertisements


We and our selected business partners may provide advertising to you through the Marketplace or by other methods (such as email). This advertising may be based on your User Content or other information available through the Marketplace. When delivering advertising we will only use information that identifies you as set out in our Privacy Notice. We may use advertising cookies to provide such advertising and you can read our Cookie Policy here.




Seller commission


The Seller of any Goods will pay us a commission of 7.5% (or as otherwise agreed) on the purchase price amount received by the seller (including VAT, if any) in respect of any Transaction (the “Commission”).*

We do not charge commission on postage, although Paypal currently does not allow us to separate the postage cost from the full transaction amount. Until we can resolve this we will endeavour to refund sellers any commission we have been paid from postage. This will be done as soon as possible after any transaction.

PayPal may charge you an additional fee and you should ensure you are familiar with PayPal’s terms of use.

Our Commission with be deducted from your PayPal account.

The Commission is inclusive of VAT or other sales taxes (where applicable).



* We do not charge commission on postage, although Paypal currently does not allow us to separate the postage cost from the full transaction amount. Until we can resolve this we will endeavour to refund sellers any commission we have been paid from postage. This will be done as soon as possible after any transaction.


Termination


If at any time you decide you can no longer agree to these Terms of Use or any changes made to the Terms of Use or the Marketplace, you must immediately stop using the Marketplace.

If you wish to end your use of the Marketplace, please contact us at keith@elvinyl.com from the email address linked to your account and ask us to deactivate your Account. Where such request comes from someone who is not the account holder, we may ask you to provide proof of who you are and your relationship to the User in question, and any other documents we may reasonable require.

We may immediately end your use of the Marketplace if you break the Marketplace Rules, any other important rule(s), or terms and conditions we set for accessing and using the Marketplace including these Terms of Use.

We may also suspend or withdraw the Marketplace for any reason, without notice, at any time and without any liability to you. We make no guarantees about the performance or reliability of the site, its service levels or downtime.

If you or we end your use of the Marketplace or we suspend or withdraw the Marketplace as described in this clause, we may delete or modify your User Content, Account or any other information we hold about you. You will also lose any rights you have to use the Marketplace or access our content or your User Content. We will not offer you compensation for any losses. You should note that even if your Account is deactivated, some of your data may persist and appear within the Marketplace, for example where your User Content has been shared by others.




Our liability


It is your choice whether to proceed with a sale or purchase of Goods. Consequently, we make no commitments regarding the Goods including the quality or delivery of the Goods, or for honouring (or causing any seller to honour) any erroneous or misleading information regarding the price, description and availability of, or any information relating to any Goods promoted or available through our Marketplace, or the ability of the purchaser to complete any purchase of the Goods. Your contract, including shipping and (where applicable) any right to cancel a purchase within 14 days, is with the seller and not with elvinyl. Please see clause 14 below.

Although it is our intention that the Marketplace is available all the time, there may be occasions when the Marketplace may be interrupted, including for scheduled maintenance, upgrades and emergency repairs, or due to failure of telecommunication links and/or equipment. The Marketplace and any content contained therein (including User Content) is provided on an “as available” and “as is” basis. This means that we are unable to promise that your use of the Marketplace will be uninterrupted, without delays, error-free or meet your expectations and we do not give any commitment relating to the performance or availability of the Marketplace in these Terms of Use and, to the extent we are able to do so, we exclude any commitments that may be implied by law. You accept that the internet may be subject to breaches of security and that the submission of User Content or other information may not be secure.

elvinyl is not responsible or liable for any loss or harm caused by viruses, worms or other programmes designed to impair the Marketplace.

You may be able to access third party links/websites/products via the Marketplace. elvinyl is not responsible or liable for any third party links websites/products which may be accessed by you at your sole option. Your access to and use of such third party links/websites/products and services shall be solely at your own risk and subject to your acceptance and compliance with the separate terms and conditions of such third party.

To the maximum extent permitted by the law, our total responsibility for any claims relating to a Transaction is limited to the Commission payable in connection with that Transaction.

For any other claims arising out of the provision of the Marketplace (including without limitation any dispute between users where this does not fall within paragraph 5 above, in relation to any content you access via the Marketplace, or any other user you interact with), we do not accept any responsibility whatsoever (whether arising in contract, tort or otherwise), except where we cannot disclaim responsibility by law (such as death and/or personal injury caused by our negligence).

We will never be responsible for any loss or damage that is not reasonably foreseeable and we will never be responsible for indirect losses and or financial and business loss, or loss of goodwill or reputation.




Your liability


If elvinyl is sued due to an action or inaction by you (including a breach of these Terms of Use) then we have the right, at our discretion, to request that you indemnify us and hold us harmless from any legal claim or demand for expenses or costs that arises as a result. Where we decide to conduct the defence of such claim, you agree to assist us as reasonably requested.




Disputes


Disputes with us 

If you have a dispute with us relating to the Marketplace, please contact us at keith@elvinyl.com and we will attempt to resolve the matter amicably.


Disputes with other users

If you use PayPal to pay for Goods or receive any money for a Transaction you may be eligible for PayPal’s Buyer or Seller Protection.

In order to be eligible for Buyer or Seller Protection, you must: a) purchase/sell the Goods through the elvinyl Marketplace, and b) report the transaction issue to PayPal within 180 days from the date of purchase/sale. Buyer or Seller Protection applies only if these conditions are met.

All purchases/sales made outside of the elvinyl Marketplace and not by Paypal are against our Terms of Use and are not covered by Buyer or Seller Protection.

If: a) as a buyer your Goods have not arrived, or if what you received is significantly not as described or faulty, or b) as a seller you are sent an unauthorised payment, or a buyer claims they didn’t receive their Goods, you can report the issue to us within 21 days from the date of purchase/sale and we will reply to you with instructions on how to proceed.

Buyers: If PayPal verify that the Goods were not received or were significantly not as described, you may be entitled to a refund under Buyer Protection. If the Goods are significantly not as described, PayPal will ask you to return it to the seller before refunding you. If the Goods are found to be counterfeit, PayPal will ask you to destroy it.

Sellers: if PayPal verifies the circumstances of your claim, then you may be covered for the amount of the Goods on eligible sales.

Please note that we can only accept tracking codes as valid proof of delivery, and that the cost of returning the Goods cannot be refunded.

PayPal’s investigation of disputes is subject to the PayPal Terms of Use to which you will have agreed when setting up your PayPal account, so you should check these.




Shipping


The seller is responsible for the shipment of the Goods to the buyer.

elvinyl shall not be responsible for any local customs charges, import taxes or duties or any similar charge(s) incurred through the carriage and or delivery of any shipments and the seller must satisfy themselves as to whether any of these charges will become due, and if so in what amounts. If any such charges become due as a result of carriage and/or delivery of a shipment and are charged to elvinyl by any competent authority the seller agrees to reimburse elvinyl fully in respect of the same within 7 days of our demand.




Changes to the Marketplace


We are constantly updating and improving the Marketplace to try and find ways to provide you with new and innovative features and services. Improvements and updates are also made to reflect changing technologies, tastes, behaviours and the way people use the Internet and our Marketplace.

You agree that a key characteristic of our Marketplace is that changes to the Marketplace will take place over time and this is an important basis on which we grant you access to the Marketplace. Once we have made changes to the Marketplace, your continued use of the Marketplace will show that you have accepted any changes to the Marketplace. You are always free to stop using the Marketplace or deactivate your Account by contacting us at keith@elvinyl.com from the email address linked to your account.




Amendments to the Terms of Use


We may amend or change these Terms of Use from time to time and any changes will take effect after 3 days of any notification email sent to you notifying you of any changes, or at the time the revised Terms of Use are posted (whichever is the earlier) and your continued use of the Marketplace shall constitute aceptance of such revised Terms of Use.

Changes will usually occur because of new features being added to the Marketplace, changes in the law or where we need to clarify our position on something.

We will try, where possible and reasonable, to contact you to let you know about any significant changes to any of the documents referred to in these Terms of Use. We may contact you through the Marketplace (for example by asking you to accept the changes before you continue to use the Marketplace) or via a searate email.

Normally, we will try to give you some warning before the new terms become effective. However, sometimes changes will need to be made immediately and if this happens we will not give you any notice.




Previous versions


The current version of the Terms of Use contains the only terms and conditions that apply to our relationship with you. Older versions of the Terms of Use will no longer apply to our relationship and will be completely replaced by the current version.

We intend to rely on these Terms of Use as setting out the written terms of our agreement with you for the provision of the Marketplace. If part of the Terms of Use cannot be enforced then the remainder of the Terms of Use will still apply to our relationship.

If you do not comply with these Terms of Use and we do not take action immediately, this does not mean we have given up any right we have and we may still take action in the future.




Governing law and general provisions


Any claim, dispute or matter arising under or in connection with these Terms of Use shall be governed and construed in all respects by the laws of England and Wales. The English courts will have non-exclusive jurisdiction over any dispute arising from or related to your use of the Marketplace. These Terms of Use do not exclude any mandatory legal rights you may have in your country of residence, where elvinyl is not allowed to exclude such as a matter of law.

We may assign any of our rights and obligations under these Terms of Use.

These Terms of Use do not create an agency, partnership, employment or joint venture relationship between you and elvinyl.

elvinyl will not be liable for any delay in performing or failure to perform its obligations caused by any force majeure event. In those circumstances elvinyl will be granted a reasonable extension of time for the performance of its obligations, the reasonableness of that extension to be assessed in the context of these Terms of Use and elvinyl’s other commitments.

No third party or (except, where applicable, the permitted assign of elvinyl) is entitled to the benefit of these Terms of Use under the Contracts (Rights of Third Parties) Act 1999 or otherwise.




Contact


If you need to contact us in relation to these Terms of Use or any other document mentioned in them, please email us at keith@elvinyl.com with the subject line 'Terms of Use'.