Sales & Transaction Policy

Effective from October 26th 2021

This Sales & Transaction Policy (the “Policy”) sets forth the terms and conditions that apply to you, as a buyer and/or seller for all site transactions via marketplace platforms (the “Service”) owned by Zink Media, LLC (d/b/a Discogs) (“We”, “Our”, or “Us”). Failure to abide by this Policy or any other Service policies may lead to account restrictions or removal from the Service. All activity on the Service is subject to Our Terms of Service and Privacy Policy.

 

GENERAL INFORMATION 

REQUIREMENT FOR BUYERS & SELLERS

REQUIREMENTS FOR THIRD-PARTY DISTRIBUTORS AND SHIPPERS

WHAT TO DO IF THERE IS A PROBLEM WITH YOUR ORDER

PAYMENTS & FEES

PROHIBITED MARKETPLACE PRACTICES

 

GENERAL INFORMATION

• We only offer Our marketplace Services on Our discogs.com platform. 
• We do not offer items for sale through Our platform and do not compete with users on Our platform.
• Except where specifically stated, We do not claim ownership in Your intellectual property or any intellectual property catalogued or listed for sale through the Services.
• We charge a fee directly tied to the sale of items through Our marketplace Service. Additional fees may be charged by third parties related to the Services, such as PayPal fees, taxes, etc. See What Are The Fees For Selling On Discogs? for additional information. Fee credits will only be provided for orders that are less than 90 days and unpaid or refunded.
• You can access Your own account information, including inventory and transaction records, through You accounts at any time as set forth in Our How Do I Change My Account Settings? document. You cannot access account information of other users unless those parties provide username and password access to You directly. We will not provide You access to other user accounts. If You choose to close Your account, You will lose access to any records that You have not downloaded or otherwise recorded. 
• Designated Discogs employees may use administrative tools to access Your account to provide support or investigate issues. We do not have access to Your password and all employees are subject to strict confidentiality agreements.
• We may provide certain elements of Your information to third parties to execute the Services You request as set forth in Our Privacy Policy.
• You may close Your account or cease selling at any time. More information can be found in the document How Can I Close My Account?.
• We may suspend Your account if you fail to abide by this Policy or other Service policies. We will include an explanation of the suspension in Our notification to You.
• Our Services do not provide for a “ranking” system. By default, items are displayed in the order they are listed for sale by sellers (i.e., newest to oldest). Users may adjust the order they view the items by changing their viewing filters. All sellers are treated equally for listing and selling purposes.
• We provide minimal additional services to the highest tier sellers using Our marketplace Services. This includes direct communication with a dedicated Discogs representative for account assistance, access to self-service advertising, and low-cost promotional items, such as Discogs stickers.
• We will provide You with advance notice of any material changes to this Policy by listing the changes herein or, where appropriate, notifying You via Your account.
• Please visit Our Help Center for additional information or questions about Our Services. If We are unable to resolve an issue or complaint related to the EU Platform to Business Regulation through our normal channels found in the Help Center, You may request mediation via JAMS or the International Centre for Dispute Resolution.

 

REQUIREMENT FOR BUYERS & SELLERS

General:

• Buyers will review and agree to the item condition, listing comments and “Seller Terms” (as described below) before placing an order. If the item comments or Seller Terms are in an unfamiliar language, we recommend using a translation application like translate.google.com

• When an order is placed, the buyer agrees to accept the Seller Terms and provide payment in full within 4 days of receiving an invoice. Failure to do this may result in an order cancellation due to Non-Paying Buyer.
• We encourage both buyers and sellers to use a method of payment that provides security and payment protection. Buyers and sellers who choose to use an unprotected payment method agree to accept any risk of order non-delivery, damage, or mis-grading.
• Buyers and sellers are expected to comply with all rules set by their accepted payment methods, including requirements for refunds and returns.
• If there is a problem related to the order, the buyer or seller will use the order page to notify the other party before leaving feedback.
• Buyers and sellers will communicate directly with each other to resolve any and all issues via the order page, using professional and courteous language at all times.
• Sellers will respond to buyer questions left on the order page within four days. Failure to do this, may result in an account suspension.
• Buyers are responsible for any and all customs fees, import taxes, or other delivery-related charges once the item has been shipped.
• Sellers are not permitted to charge buyers fees for the use of PayPal or any form of payment processing. Any handling fees should be included in the cost of shipping. Buyers will only be responsible for paying the listed price of items plus taxes, shipping and shipping add-ons, such as tracking or insurance, that are stated in the Seller Terms. No charges may be added as a percentage to the order total, with the exception of taxes as required by law. Asking the buyer to send a PayPal or any other payment as a "gift" or "personal payment" is not permitted.
• Sellers who are required to charge VAT on sales may not add VAT to the price of items after they are purchased through the Service. If We are required to charge VAT on Seller selling fee, then the Seller is also not allowed to add this charge to the price of items after purchase.
• Sellers are responsible for including correct shipping information on all packages, including clear and correct address and customs declarations (where required). Sellers are responsible for fines or penalties related to incorrect customs declarations.
• Sellers are responsible for fines, penalties and/or unnecessary double charges related to incorrect tax declarations. 
• Buyers are responsible for providing an accurate shipping address. Since payment providers, such as PayPal, will only provide seller protection if the order is shipped to the address listed with the buyer's payment provider, sellers may cancel an order if the buyer's shipping information listed in the Service does not match what is listed with their payment provider. If a seller cancels an order for this reason, they may request Us to remove order feedback.
• By posting an active sales listing, the seller confirms that all items listed for purchase are:

• Not double-listed on any of the seller’s other accounts with Us, unless it has been done solely to accommodate the collection of tax in multiple regions, as required by law.
• Currently in the seller's possession (unless subject to "Third Party Distributors and Shippers" clauses below) and available to ship at the listed price and shipping cost.
• Available at the advertised price. Raising the price of the item after purchase, or canceling the order to re-list the item at a higher price, is prohibited.
• As-advertised. The item matches the associated discography listing and has been appropriately graded using the Discogs Grading Standard.
• Sellers are responsible for identifying and complying with any copyright restrictions with respect to the item’s sale. Sellers must indicate any restrictions (i.e., territory) in the listing and comply with the restriction when selling the item.
• We collect and remit tax in certain locations where we are required to do so by law. Outside of these locations, Sellers must determine for themselves whether or not they will need to collect and remit sales tax. Sellers should consult a tax professional for advice.

 

Seller Terms and Shipping Policy Requirements

Sellers must provide the following information in their Seller Terms:

• Any regional sales tax the seller is required to collect by law. US sellers are exempt from this requirement. They should handle their taxes via the seller settings.
• Information about returning and refunding items, including if the seller agrees or does not agree to pay for return shipping when a return is requested. (*Sellers must comply with their local laws and regulations with regards to returns and refunds).
• How many days it takes to ship an order once payment is received. If this timeframe is not stated in the Seller Terms, the buyer may request a cancellation due to “Item Unavailable” when the order is not shipped within four days of payment received.

If your Seller Terms are incomplete, it may mean that your financial provider for the transaction will rule against you should a dispute arise. Further, incomplete Seller Terms may also affect the outcome of a Feedback Removal Request. 

 

Sellers must provide the following information in their Shipping Policies:

• How much shipping will cost for each region the seller agrees to ship to including any required shipping add-ons.
• The expected time it takes to deliver the order from the moment it is paid for.
• Shipping prices, conditions and timelines need to be reasonable and realistic.

Incomplete Shipping Policies can result in items not being available for buyers in certain countries / regions or to all your buyers. Seller Terms and / or Shipping Policies must align with the policies of their accepted payment methods. Any information in the Seller Terms and / or Shipping Policies that do not align with the policies of the seller’s accepted payment methods will not be recognized or enforced by Us.

Sellers should not ask for additional shipping costs after an order has been placed. If the shipping policies were not correctly set, we ask that the seller:

• Issues a refund and cancels the order as Item Unavailable;
• Corrects the issue in their shipping policy for the applicable region;
• Relists the item for sale and contacts the buyer if they’re still interested.

 

Order Management Requirements For Sellers

Once an order is received, the seller will update the order as follows:

1. Seller will add the shipping charge and update the order status to "Invoice Sent" within four days of when the order is placed.
2. Seller will update the order status to "Payment Received" within four days of when valid payment is sent.
3. After payment has been received, the Seller will ship the order and update the order status to "Shipped" within the timeframe stated in their Seller Terms. If this timeframe is not stated in their Seller Terms, the buyer may request a cancellation due to “Item Unavailable” if the order is not shipped within four days of payment received.

These requirements may be extended if the order page indicates that the buyer and seller mutually agree to do this.

If a buyer requests an order cancellation because the above requirements have not been met, the order should be cancelled due to “Item Unavailable.”

 

REQUIREMENTS FOR THIRD-PARTY DISTRIBUTORS AND SHIPPERS

If you are using the Service to facilitate shipping on behalf of another seller, and if you are listing the item(s) for sale on your account, you must:

• Ensure that the other seller is not listing the same items for sale on their account.
• Have all items listed for sale available for immediate purchase and part of a confirmed inventory.
• Be the seller of record for the transaction.
• Be responsible for all returns, refunds and communication with buyers.

Furthermore:

• All purchased items must be shipped via the seller who lists the item for sale. Having a different retailer ship directly to buyers is not allowed.

Failure to comply with these requirements may result in the suspension or removal of your selling privileges.

 

WHAT TO DO IF THERE IS A PROBLEM WITH YOUR ORDER

In most cases, problems with orders can be resolved by first contacting the seller and, if needed, the payment provider. Sellers are expected to handle disputes according to their Seller Terms and accepted payment method requirements.

If, as a buyer, you are unhappy with your purchase, please do the following no later than 60 days after the order has Shipped:

• Before leaving feedback, use the order page to notify the seller, then allow the seller four days to respond with a proposed solution.
• If you and the seller cannot agree on a solution, open a dispute with your payment provider. Keep in mind, We encourage both buyers and sellers to use a method of payment that provides security and payment protection. Buyers and sellers who choose to use an unprotected payment method agree to accept any risk of order non-delivery, damage, or mis-grading.
• If the seller does not respond in four days, you can use the Seller Not Responding feature to send a notification to the seller. When the “Seller Not Responding” feature is used, We are notified of the situation. Sellers with a clear history of not responding to orders, or not providing mutually agreed upon solutions may be suspended or removed from the Service.
• If the seller is suspended because they did not respond to a “Seller Not Responding” notification, you (buyer) should open a dispute with your payment provider. Buyers who choose to use an unprotected payment method that does not allow buyers to file a dispute, do so at their own risk and acknowledge that the support We can provide under these circumstances will be limited.
• If the seller responds, but does not provide a mutually agreeable solution, you (buyer) should open a dispute with your payment provider.

 

PAYMENTS & FEES

PayPal Payments

• If you accept PayPal, the following policies must be applied to all orders:

1. Invoice the buyer directly through the Service (third-party invoice systems or PayPal invoice are prohibited);
2. Do not accept or solicit payment as a gift, payment as a friend, or payment directly via PayPal address;
3. Do not accept or solicit additional funds as reimbursement for seller PayPal fees;
4. PayPal must be offered to all regions that you ship to. It is not permissible to only allow PayPal payment from some regions, but require other regions to use a different payment method.

For more information on PayPal fees, please visit Paypal.com.  

 

PROHIBITED MARKETPLACE PRACTICES

Violation of this Policy by conducting any of the following activities will result in disciplinary action, including but not limited to temporary or permanent Service restrictions, account ban or closure, or other actions as deemed necessary by Our staff and management.

Fee Avoidance

An order placed through the Service must be completed through the Service and include an official invoice. Fee Avoidance includes, but is not limited to, the following:

• Canceling completed and valid orders (including orders later picked up in-person or in-shop);
• Accepting sales through the Private Message system instead of redirecting buyers to the Service sales listing;
• Accepting or soliciting direct payment through the Private Message system;
• Language or links on Profile pages, Sales Listings, and Item Comments that redirect buyers away from the Service order to a personal, third-party, or other commercial website.

Prohibited Items Policy

The use of the Service to solicit, purchase, sell or trade any prohibited items, is strictly forbidden. This includes:

• Digital files (e.g., mp3 or FLAC files);
• Items blocked from the Service;
• Items matching the Offensive Materials guideline;
• Bootlegs, counterfeits, pirate copies, or items that do not comply with usual copyright laws in the international space;
• Items that do not exactly match the catalogue entry used to create the sales listing;

• Please see our guidelines on Marketplace Listing Violations and How to Sell Unique Releases.

Unsolicited Advertisement or Promotion

Use of the Service for the purposes of advertising goods or services outside of the Service, or misuse of the Service for unsolicited promotion, cyberbullying, or other abusive activities is prohibited. Note: for information on advertising goods or services officially through the Service, please see information about our Advertising Affiliate Programs.

Unsolicited advertisements or promotions include, but are not limited to, the following:

• Advertising goods or services not related to the Service in a public Profile, Forum thread, or Group;
• Contacting community members through the Service to promote sales on third-party websites;
• Use of discography listings for the commercial promotion of artists, labels, or record companies.

Taxes & Fees 

The following fees, surcharges, and taxation policies are strictly prohibited:

• Charging buyers for payment processing service fees (e.g., "PayPal orders will be invoiced higher to compensate for PayPal's fees);
• Sellers required to charge a regional VAT or other tax on sales may not add the tax to the price of items after a purchase has been placed;
• If We are required to charge VAT on selling fee, the seller is not allowed to add this specific VAT charge to the price of items after purchase.

Questions about this Policy can be submitted through Our Help Center.