ACKNOWLEDGEMENT AND ACCEPTANCE OF SHIPPING LABELS TERMS OF SERVICE
Discogs.com ("Discogs", the "Service"), owned and operated by Zink Media, LLC ("Zink Media"), is provided to you ("Member") under these Shipping Labels Terms of Service (“Shipping Labels TOS”) and any operating rules or policies that may be published by Discogs. The Shipping Labels TOS, together with the Terms of Service, comprise the entire agreement between Member and Discogs and supersedes all prior agreements between the parties regarding the subject matter contained herein (the “Shipping Labels Service”). BY USING THE DISCOGS SHIPPING LABEL SERVICES, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THE SHIPPING LABELS TOS.
DESCRIPTION OF SERVICE
Members located in the United States may purchase shipping labels and postage to fulfill orders placed through the Discogs Marketplace. Discogs serves as an intermediary for the purchase between Members and the United States Postal Service (“USPS”).
Please see our Shipping Labels Services FAQ for more information here.
MODIFICATIONS TO SHIPPING LABELS TERMS OF SERVICE
Discogs may at any time revise the Shipping Labels TOS by updating this posting. By using Discogs, Member agrees to be bound by any such revisions and should therefore periodically visit this page to determine the then-current Shipping Labels TOS to which you are bound. Member's continued use of Discogs constitutes an affirmative: (1) acknowledgement by Member of the Shipping Labels TOS and Shipping Labels TOS modifications; and (2) agreement by Member to abide and be bound by the Shipping Labels TOS and Shipping Labels TOS modifications.
MODIFICATIONS TO SHIPPING LABELS SERVICE
Discogs reserves the right to modify or discontinue the Shipping Labels Service with or without notice to Member. Discogs shall not be liable to Member or any third party should Discogs exercise the Shipping Labels TOS right to modify or discontinue the Shipping Labels Service.
Members must specify shipping costs (range) and processing times in their listings and provide a valid address from which they will ship. Members are permitted to charge or pass through shipping costs to customers as set forth on the seller pages. Members must ship order to customers promptly after they are sold. Members are responsible for complying with all applicable local and international shipping and customs regulations, as well as USPS rules, when using Discogs Shipping Labels Services shipping services. Please see USPS Shipping Restrictions and A Customer’s Guide to Mailing.
The Shipping Labels Services may only be used in association with orders placed through the Discogs Marketplace. Labels may not be transferred or sold to a third party. Members may not reproduce, duplicate, copy, sell, resell or exploit any portion of the Shipping Labels Service, use of the Shipping Labels Services or access to the Shipping Labels Services. Members may not use the Shipping Labels Services for any illegal or unauthorized purpose, including violation of any laws in a Member’s jurisdiction.
Shipping costs will vary depending on the origin, destination, weight, dimensions, and any signature confirmation or insurance applied to the package. Discogs charges a fee of 11% ("Discogs Fee") on each purchase for a domestic shipping label through the Shipping Labels Services. There are no extra fees for international shipping labels at the moment. When a purchase is made through the Shipping Labels Services, Discogs will charge the Member’s PayPal account for the amount of the purchase, including the Discogs Fee. You authorize Discogs to charge your PayPal account for the Shipping Labels Services in accordance with these Shipping Labels TOS.
Label and postage may be cancelled or voided at any time unless (i) the label and postage have been used (as evidenced by USPS scan) or (2) more than thirty-five (35) days have passed since the label and postage was purchased. If the label and postage are eligible for cancellation or voidance, and the Member requests that the label be cancelled/voided and refunded, Discogs will refund the Member automatically through PayPal. The refund will consist of the total shipping and postage costs originally charged, including the Discogs Fee.
If PayPal declines to remit payment to Discogs for the cost of any Shipping Labels Services a Member has ordered, then the label and postage will not be available through Discogs.
AUTOMATED PACKAGE VERIFICATION
Discogs supports the USPS Automated Package Verification ("APV") System. This allows USPS to verify the accuracy of the postage amount and issue debits or credits where that amount is incorrect. When purchasing shipping labels through discogs.com, any postage amount discrepancy is debited or credited to the Discogs account. Discogs will then pass along that debit or credit to the Member's account. If a postage amount purchased through discogs.com is less than the amount required to ship the package, then Discogs will invoice the Member for the difference. If a postage amount purchased through discogs.com is greater than the amount required to ship the package, then Discogs will credit the Member’s account for the difference.
At this time, the Discogs postage and label program does not support additional insurance add-ons. Please see the USPS page for additional details on Shipping Insurance and Extra Services.
LOST, STOLEN, DAMAGED, AND RETURNED PACKAGES
Discogs only assists with the postage and label purchase. All issues with package delivery must be handled directly through the shipping provider. Members may need to reference the tracking number of the package in order for the shipping provider to investigate the issues. The tracking number can be found on the label itself. Members may contact the carrier for additional information.
You agree to indemnify and hold Discogs, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any alleged claim or demand, including reasonable attorney fees, made by any third party due to or arising out of your use of the Shipping Labels Service, your connection to the Shipping Labels Service, your violation of the Shipping Labels TOS, or your violation of any rights of another, whether you are a registered user or not. The user is solely responsible for his or her actions when using the Shipping Labels Service, including, but not limited to, costs incurred for Internet access.
GENERAL USPS NOTICES:
- Documentation Obligations: Failure to provide any necessary documentation, including data provided in electronic format, in connection with each mailing, in the form and at the time specified by the USPS, Customs & Border Protection, Transportation Security Administration, the U.S. Census Bureau, a destination country foreign government, or other authority may result in refusal at acceptance, delay in processing, involuntary seizure by customs authorities, and/or return of mail to the sender.
- Customs, Export, and Other Requirements: You must comply with any regulation or order promulgated by the USPS, OFAC, the U.S. Department of the Treasury, the U.S. Census Bureau, BIS, the U.S. Department of Commerce, the U.S. Department of State, the U.S. Customs & Border Protection, the U.S. Fish and Wildlife Service, the Transportation Security Administration, a destination country foreign government, or other governmental unit, in accordance with any requirements specified by those authorities. Any non-compliance may lead to fines, denial of mailing privileges, and/or other penalties, including, but not limited to, the payment of any fines, penalties, expenses, damages, and/or other charges.
- No Service Guarantee: There is no service guarantee for mail tendered to the USPS at the discounted prices provided through the Service.
- Customs Duties and Taxes: Customs duties and taxes for packages mailed via the Service are the responsibility of the addressee.
- Mailability, Exportability, and Importability: It is your responsibility for determining export and import requirements, obtaining any required licenses and permits, and ensuring that the recipient of the item is authorized by the laws of the United States as well as destination countries to receive the item, and for the exportation and importation status of the products mailed via the Service as detailed in IMM 112.
- Fraud: Providing false information to access discounted rates or pay less than the applicable postage due through the use of a PC Postage provider or through eVS® may subject you to criminal and/or civil penalties, including fines and imprisonment.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) YOUR USE OF THE SHIPPING LABELS SERVICE IS AT YOUR SOLE RISK. THE SHIPPING LABELS SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. DISCOGS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
(b) DISCOGS MAKES NO WARRANTY THAT (i) THE SHIPPING LABELS SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SHIPPING LABELS SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SHIPPING LABELS SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SHIPPING LABELS SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SHIPPING LABELS SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA OR OTHER LIABILITY THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DISCOGS OR THROUGH OR FROM THE SHIPPING LABELS SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE SHIPPING LABELS TOS.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT DISCOGS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF DISCOGS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SHIPPING LABELS SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SHIPPING LABELS SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SHIPPING LABELS SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SHIPPING LABELS SERVICE.
To report violations of the Shipping Labels TOS, please use the Support Request Form. To expedite the processing of your report, please include as many details as possible about the violation.
The Shipping Labels TOS is governed by and interpreted in accordance with the laws of the State of Oregon, United States of America, without regard to principles of conflicts of laws. The parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of the State of Oregon with respect to any dispute or claim arising out of or in connection with the Shipping Labels TOS. The failure of Discogs to exercise and enforce any right or provision of the Shipping Labels TOS shall not constitute a waiver of such right or provision. If a court finds any portion of the Shipping Labels TOS to be unenforceable or invalid, that portion will be enforced to the fullest extent permitted by applicable law and the remainder of the Shipping Labels TOS will remain valid and enforceable.