Politique des vendeurs

Avec effet au 5 avril 2024

Ce document est actuellement uniquement disponible en Anglais. Merci pour votre compréhension.

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This Seller Policy (the “Policy”) sets forth the terms and conditions that apply to you, as a seller (“You”, “Your”) for all site transactions via marketplace platforms (the “Service”) owned by Zink Media, LLC (d/b/a Discogs) (“We”, “Our”, or “Us”). You agree to comply with all terms of this Policy when accessing or using Our Service. Failure to abide by this Policy or any other Service policies may lead to account restrictions or removal from Our Service. All activity on Our Service is subject to Our Terms of Service and Privacy Policy, both of which are incorporated into and made a party of this Policy by this reference. Please review these documents as well.


ABOUT DISCOGS

GENERAL INFORMATION

REQUIREMENT FOR SELLERS

REQUIREMENTS FOR THIRD-PARTY DISTRIBUTORS AND SHIPPERS

WHAT TO DO IF THERE IS A PROBLEM WITH YOUR ORDER

FEEDBACK AND REVIEWS

PAYMENTS & FEES

ACCOUNT RESTRICTION, SUSPENSION OR TERMINATION MY ACCOUNT?

POLICY MODIFICATIONS

DISPUTES

CONTACT INFORMATION AND ASSISTANCE

 

ABOUT DISCOGS

Our Service is owned and operated by Zink Media, LLC (d/b/a Discogs), an Oregon limited liability company with registration number 724027-88.  Our mailing address is 4145 SW Watson Avenue, Suite 350, Beaverton, Oregon, United States 97005. You may also contact Us by using the Support Request Form or emailing Us at help [at] discogs [dot] com.

GENERAL INFORMATION

  • Discogs offers marketplace Services enabling independent third-party sellers to sell products through its discogs.com platform. Discogs marketplace Services are not available in all countries. 
  • Discogs does not offer items for sale on, and does not compete with users on, Our Service.
  • Except where specifically stated, Discogs does not claim ownership in any intellectual property catalogued or listed for sale through the marketplace Services.
  • Our Service provides a platform for You to contract directly with buyers for the sale of goods. The contract for the sale of goods is between You and the buyer directly. Discogs is not a party to this contract, and hereby disclaims liability for such a contract or for its consequences.  
  • By listing items for sale through Our Service, You agree that Your contact information will be shared publicly on Our Service.
  • You can access Your account information, including transaction records, through Your 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. Discogs does not have access to Your password and all Discogs employees are subject to strict confidentiality agreements.
  • Discogs may provide certain elements of Your information to third parties to execute the services You request as set forth in Our Privacy Policy.
  • 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.

REQUIREMENT FOR SELLERS

  • Our Service is available for use by both hobby and business sellers.  
  • A “Business Seller” is any private individual or legal person acting in a commercial or professional capacity, which offers products through Our Service for purposes relating to its trade, business, craft or profession. Business Sellers must identify themselves as such in their Seller Settings, which will result in a “Business Seller” designation on Your profile page. A Business Seller is typically someone that meets one or more of the following tests: 
    • regularly sells large amounts of items through Our Service;
    • sells items over a longer period of time to make a profit;
    • has registered a business due to its sales activities; 
    • buys items for the purpose of reselling them through Our Service; or
    • has a physical business location in addition to using its Discogs store.
  • If any of the above applies to You, then You need to determine Your status as a Business Seller. 

    If You don't fit into any of the above categories, then You may not qualify as a Business Seller. This is usually the option if You plan to sell products on a casual basis, such as items You no longer want or need.

    Please note, however, that the above list is not exhaustive and other forms of activity may mean that You are a Business Seller. Your country or Your consumer’s country laws and regulations may include other activities that would qualify You as a Business Seller. A Business Seller may also be called different things in different jurisdictions, such as a “trader” under EU laws or a “commercial seller”. You should check with Your and Your consumers’ local laws and regulations to make this determination, or seek advice from a lawyer or other legal advisor if You are unsure.

  • You are responsible for including correct shipping information on all packages and shipping labels, including clear and correct address and customs declarations (where required). You are responsible for fines or penalties related to incorrect customs declarations. For more information about international delivery and custom requirements, please visit How to ship an order internationally.

You are responsible for providing valid addresses in your Seller Settings. Failure to provide a valid address may lead to suspension or termination of your Discogs account.

  • Some countries require that We validate certain information about sellers. If these requirements apply to You, We will contact You directly to collect the necessary information.
  • By posting an active sales listing, You confirm and agree that all items listed for sale are:
    • Not double-listed on any of Your other accounts with Us, unless it has been done solely to accommodate significant regional price differences due to taxation.
    • Currently in Your 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 a buyer places an order for the item, 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 the condition of the item has been appropriately graded using the Discogs Grading Standard.
      • You are responsible for identifying and complying with any copyright restrictions with respect to the item’s sale. You must indicate any restrictions (i.e., territory) in the listing and comply with the noted restriction when selling the item.
  • You may not use urgency claims (e.g., “act fast” or time-limited) or price reduction claims (e.g., discount or special offer price) that are misleading or put unfair pressure on consumers.
  • You are responsible for ensuring tax information is accessible to couriers, postal services, customs, and other officials on all of Your cross-border shipments. This may include, but isn't limited to, including the Commercial Receipt on the outside of packages, and submitting tax information digitally upon purchase of shipping labels. You are responsible for fines, penalties and/or unnecessary double charges related to incorrect tax declarations. Discogs may not be able to assist in recouping the money lost to incorrect or double tax charges.
  • If You use a third party to ship items on Your behalf, then You must provide that party’s contact information (name, address, e-mail/phone number) within three (3) business days to any buyer that requests it from You.
  • We collect and remit tax in certain locations where We are required to do so by law. Outside of these locations, You must determine Your need to collect and remit sales or other indirect taxes. You should seek advice from a tax professional regarding Your tax responsibilities. For more information about taxes, please visit Discogs & VAT and Why Do I See Sales Tax On My Order?
  • Sellers that meet certain selling thresholds are subject to additional identification requirements. See Everything You Need to Know About Seller Account Identification for additional information. Refer to Our Privacy Policy for additional information about seller verification and identification requirements.

Payment Information

  • A PayPal account is required to sell on Discogs. All payment methods that are made available are done through Our PayPal service and are chosen by Us. You can learn more about these methods in Our New PayPal Payments Solution FAQ.
  • You are expected to comply with all rules set by PayPal and any associated Alternative Payment Method (APM), including requirements for refunds and returns.
  • Most transaction disputes can be settled with PayPal. In instances where an APM is used by the buyer, the dispute may need to be handled with the APM provider. 
  • You are not permitted to charge the buyer fees for the use of PayPal and its associated payment methods. Any handling fees You incur 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. No charges may be added as a percentage to the order total, with the exception of taxes as required by law.
  • You may not ask a buyer to send any payment as a "gift" or "personal payment".
  • You may not complete any transactions off-platform that are started as Discogs orders. This includes but is not limited to via email, bank transfer or directly through PayPal.
  • If You are required to charge VAT or any other tax on sales, You may not add such tax to the price of items or the shipping costs after they are purchased through Our Service. If We are required to charge taxes on Your sales fees, then You are not allowed to add this charge to the price of items after purchase.

Communications

  • You will provide accurate responses to questions from buyers about Your status as a hobby seller or Business Seller (as defined above).
  • You will respond to buyer questions left on the order page within 4 (four) days. Failure to do this, may result in suspension of Your account.
  • If there is an issue (e.g., non-delivery, damage, mis-grading) related to an order, You will communicate with the buyer via the Order Page before leaving feedback.
  • You will communicate directly with buyers using professional and courteous language at all times to resolve all order related issues. You must use the Order Page for all communications regarding orders and transactions. Communications made outside of the Order Page and payments made outside of Our Service may result in suspension of Your account.
  • Laws and regulations in both the seller's and buyer's locations determine when and how sellers may communicate with their buyers outside of transactions. Sellers may need to obtain consent before engaging in off-platform communication. Regardless of the method, all communications must remain lawful and cannot direct buyers away from the seller's Discogs store. Sellers are encouraged to work with legal counsel to determine their responsibilities regarding consent and communication.

Seller Terms

  • You must provide the following information in Your Seller Terms:
    • You must specify who pays for return shipping in Your Seller Terms.  Failure to state information about return shipping will result in You paying for return shipping. You must comply with Your local laws and regulations plus any requirements per Your PayPal agreement with regards to returns and refunds.
    • You must identify any regional sales, value added or goods and services taxes You are required to collect by law in Your Seller Settings. You may be responsible for these taxes in states and countries where We do not facilitate the calculation and collection of such taxes. We recommend that You obtain advice regarding Your tax obligations from a qualified tax advisor in Your area.
    • You must clearly state the number of days it takes to ship an order once payment is received. If this timeframe is not stated in Your Seller Terms, the buyer may request a cancellation due to “Item Unavailable” when the order is not shipped within four (4) calendar days of payment received. Please note that under certain EU laws, Business Sellers that do not provide clear information on delivery times, must deliver items without undue delay and no later than 30 days from the date the product was purchased, so it is important to clearly disclose this information.
    • If You sell items to buyers in the EU/EEA/UK and You are a Business Seller, You acknowledge and agree that You must comply with the EU/EEA/UK Consumer Protection Rights terms, which set forth mandatory consumer rights such as the Right to Withdraw and Legal Guarantee. Please read Our EU/EEA/UK Consumer Protection Rights support document carefully for more information. 

Order Management Requirements For Sellers

  • After payment has been received, You will ship the order and update the order status to "Shipped" within the timeframe stated in Your Seller Terms. If this timeframe is not stated in Your Seller Terms, the buyer may request a cancellation due to “Item Unavailable” if the order is not shipped within four (4) calendar days of the date the order status is updated to “Payment Received.”
  • These requirements may be extended if the Order Page indicates that You and the buyer mutually agree to a shipping timeframe extension.
  • If a buyer requests an order cancellation because the above requirements have not been met, the order should be canceled due to “Item Unavailable.”

Additional Terms Applicable to Business Sellers in Transactions with EU/EEA/UK Consumers

Our EU/EEA/UK Consumer Protection Rights support document outlines specific rights afforded to EU/EEA/UK consumers who purchase items from Business Sellers through Our Service, including a Legal Guarantee and a Right to Withdraw from a contract to purchase items. Please review the information and contact your local legal representative if you have any questions.

REQUIREMENTS FOR THIRD-PARTY DISTRIBUTORS AND SHIPPERS

In certain instances, We allow sellers to list inventory which is not in their physical possession. Regardless, You are responsible for making sure Your buyers receive their order. You are responsible for all communications with Your buyers. This includes facilitating returns and refunds.

If You are using Our Service to facilitate orders on behalf of another seller or distributor, or if You are using a fulfillment center to ship Your orders, You must:

  • Ensure that no other seller is listing the same item(s) for sale on their account. Duplicate listings of the same item is prohibited.
  • Have all items listed for sale available for immediate purchase and part of a confirmed inventory. Your inventory must be properly managed and kept up to date.
  • Be the seller of record for the transaction.
  • Be responsible for all returns, refunds and communication with buyers.
  • Comply with all local and international shipping and customs regulations. You are responsible for any fees or penalties associated with incorrect shipping and customs declarations.

Further, do not share Your buyer’s personally identifiable information (PII) with third-party sites without their explicit permission. A buyer should be made aware if You are making purchases from third parties. Ordering an item from a third-party marketplace and having it shipped directly to the buyer is not allowed.

Failure to comply with these requirements or keep your account in good standing may result in the suspension or removal of Your selling privileges.  

WHAT TO DO IF THERE IS A PROBLEM WITH THE ORDER

You are expected to handle disputes according to Your Seller Terms, accepted payment method requirements, and applicable laws and regulations. We cannot mediate or manage disputes related to item condition or shipment issues because we do not control or have access to items to confirm condition or to shipping methods chosen by the parties. All communication between buyer and seller must take place on the Order Page. If You and Your buyer are unable to come to a resolution together, the dispute can be escalated to the payment provider associated with the order. You are also welcome to visit Our help center for further policy clarification and guidance.

Please note that the support We can offer You after 60 days is likely to be very limited in scope.

FEEDBACK AND REVIEWS

You may leave feedback on the buyer’s profile describing Your experience and interaction on a specific order. Feedback can only be left within 90 days of the order-creation date. There is a "Send Feedback" link on the right side of the Order Page, next to the buyer’s information. Feedback should be left once the transaction is complete and should focus on the transaction itself, rather than specific user behavior. Sellers will only be allowed to leave feedback on buyers who have purchased the seller’s items. Sponsored feedback (e.g. resulting from a monetary reward) is prohibited. For more information on feedback, please visit Our Feedback Guidelines.

Users have the ability to report feedback to Us which they feel violates Our Feedback Guidelines. Click the triangle located at the far right of the feedback You would like to have us review, and from the dropdown menu select “Request Review.” Please allow 14 calendar days for your feedback removal request to be processed.

Reviews are a separate feature that allow any Discogs user to leave reviews or comments on any Release, Artist or Label page. These reviews relate to information found in the catalog and not other users of the service. There is a Reviews section at the bottom of every Release, Artist and Label page. For information on what is considered an appropriate and inappropriate review, please visit: How To Post A Review Or Comment

PAYMENTS & FEES

Service Fees

It is free for You to list items for sale on Our Service. When You sell Your items, We charge You a service fee that supports our management of the Discogs marketplace platform. See What Are The Fees For Selling On Discogs? and How Do I Get A Sales Fee Credit? for additional information. 

Shipping

You are responsible for creating accurate shipping policies in Your Seller Terms.  Additional information can be found in Our Shipping Policies help center.  

Payments

You must apply the following policies to all orders:

  1. Invoice the buyer directly through Our 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 family, or any payments not directly through Our Service;
  3. Do not accept or solicit additional funds as reimbursement for Your PayPal fees;

For more information on PayPal fees, please visit Paypal.com. For more information about Discogs’ PayPal Commerce integration, see Our PayPal Payments FAQ.

Information about VAT and Taxes

Different sales, value added, goods and services and consumption taxes may apply depending on Your (seller) and the buyer’s location. Such taxes will be applied at the time of purchase. See below for further information. See Our Finance & Taxes articles for additional information.

ACCOUNT RESTRICTION, SUSPENSION OR TERMINATION

Account restriction, suspension or termination can occur for a variety of reasons outlined below. If We decide to take action against Your account: 

  • We will provide You with a statement of the reasons for Our decision via email or Your Discogs inbox before or at the same time the action takes effect. 

If We decide to terminate Your account: 

  • We will provide You with a statement of reasons via email or Discogs inbox at least fourteen (14) days before the termination takes effect, unless (i) We are restricted from advance notice by law or (ii) immediate termination is warranted due to Your activity or the potential for harm to other users. 

If action is taken against Your account, You can contact us at help [at] discogs [dot] com to clarify the facts that led to the decision, so that You can, where possible, correct the issues. 

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.

1. Fee Avoidance

An order placed through Our Service must be completed through Our Service and include an official invoice from Our Service . 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 or other means of communication instead of redirecting buyers to Our Service sales listing;
  • Accepting or soliciting direct payment through the Private Message system or other means of communication;
  • Language or links on Profile pages, Sales Listings, and Item Comments that redirect buyers away from Our Service order to a personal, third-party, or other commercial website.

2. Prohibited Items Policy

The use of Our 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 Our Service;
  • Items matching the Offensive Materials guideline;
  • Bootlegs, counterfeits, pirate copies, or items that do not comply with international copyright laws;
  • Items that do not exactly match the catalog entry used to create the sales listing;

By listing items for sale on Our Service, each seller certifies that it commits to only offer products or services that comply with applicable laws and regulations.

3. Unsolicited Advertisement or Promotion

Use of Our Service for the purposes of advertising goods or services offered for sale outside of Our Service, or misuse of Our Service for unsolicited promotion, cyberbullying, or other abusive activities is prohibited. Note: for information on advertising goods or services officially through Our 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 Our Service in a public Profile, Forum thread, or Group;
  • Contacting community members through Our Service to promote sales on third-party websites;
  • Use of Our discography listings for the commercial promotion of artists, labels, or record companies.

4. Taxes & Fees 

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

  • Charging buyers for payment processing service fees (e.g., "Orders will be invoiced higher to compensate for PayPal's fees”);
  • If You are legally required to charge a regional sales, value added, goods and services, consumption or other sales type tax, then You may not add the tax to the price of items after the buyer has completed their payment;
  • If We are required to charge sales, value added, goods and services, consumption or other sales type tax on sales fees, then You are not allowed to add this specific tax charge to the price of items after purchase is made.

5. Location Discrepancies

Discogs marketplace Services are not available in all jurisdictions. If You are located in a jurisdiction that is not available for the marketplace Services, You must not sign up for the marketplace Services. Providing incorrect address information or using a VPN or other means to circumvent location restrictions is strictly prohibited and Your account will be suspended.

6. Failure to Provide Required Information to Discogs

Discogs has an obligation to comply with local regulations and cooperate with relevant authorities in certain countries. To fulfill these obligations, We must collect and maintain accurate information about certain sellers, and in some jurisdictions, provide the information to authorities as mandated by applicable laws and regulations. Information that You may be required to provide to Discogs includes, but is not limited to:

  • Hobby sellers (including Sole Traders): full name, primary address, date of birth, bank account details, tax identification number (TIN), place of birth (if You do not have TIN) and VAT identification number, if applicable and available.
  • Business sellers: business name and primary address, registered business number, bank account details, tax identification number (TIN), VAT registration number, if available, as well as the existence and location of a permanent establishment through which the business activities are carried out.

The information listed above is not exhaustive, and Discogs may require additional details from sellers as needed to ensure compliance. Refer to Everything You Need to Know About Seller Account Identification for additional information.

Terms of Service Violations

Violation of Our Terms of Service and/or Our Community Guidelines can result in disciplinary action, including but not limited to temporary or permanent Service suspension, account ban or closure, or other actions as deemed necessary by Our staff and management.

Your Termination Rights

Should You object to any terms and conditions of this Policy or other policies related to Our Service, or any subsequent modifications thereto, or become dissatisfied with Our Service in any way, Your only recourse is to immediately discontinue use of Our Service. If You are a registered user of Our Service, You can Close Your Account to terminate Our relationship with You.

Data Access Upon Restriction, Suspension, or Termination

If You are subject to account restriction or suspension, then You may still access Your account information by logging into Your account. If You have a marketplace restriction (i.e. selling ban), then You will not be able to access Your inventory page.

If you terminate or close Your account, or request data erasure, You cannot later access any account information. Such information is deleted from Our Service upon termination/cancellation and/or erasure request.  

Subject to Our Terms of Service, any content You contribute to Our Service will remain publicly available.

POLICY MODIFICATIONS

We may at any time revise this Policy by updating this posting. We will notify You at least 15 calendar days in advance of any material changes to this Policy along with an opportunity to opt in to changes that require Your consent by law or regulation or to opt out of any changes that decrease Your rights under this Policy. Longer notice periods for material changes may apply due to the complexity and impact of the change. Advance notification may not apply in case of changes where We are subject to a legal or regulatory obligation that requires an immediate action, or where an immediate is required to address an unforeseen and imminent danger relating to defending Our Service or users from fraud, malware, spam, data breaches or other cybersecurity risks. We will not impose a change in this Policy that has a retroactive effect, unless such change is required to respect a legal or regulatory obligation or if the changes are beneficial to You. In any case, if You do not agree to the changes, You can close Your account within the notice period. 

By using Our Service, You agree to be bound by any non-material revisions and should therefore periodically visit this page to determine the then-current Policy to which You are bound. Your continued use of Our Service constitutes an affirmative: (1) acknowledgment by You of this Policy and Policy modifications; and (2) agreement by You to abide and be bound by this Policy and Policy modifications. We shall not be liable to You or any third party should We exercise Our Policy right to modify or discontinue Our Service.

DISPUTES

All disputes related to Your relationship with Us are subject to Our Terms of Service provisions. In limited cases, You may be able to initiate actions in Your local jurisdictions, subject to the applicability of those laws to Our company and Services.  In all cases, We support the highest level of consumer protection available to users.

If You reside in the European Union and are unable to resolve an issue or complaint related to purchases and sales through Our normal channels found in Our Help Center or via help [at] discogs [dot] com, You may access the EU Online Dispute Resolution (ODR) platform here: https://ec.europa.eu/consumers/odr. 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.   

Business Sellers who 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 may request mediation via JAMS or the International Centre for Dispute Resolution. Contact Us via help [at] discogs [dot] com if you have any questions. 

CONTACT INFORMATION AND ASSISTANCE

You can review Our Help Center for information about how to use Our Service, but if You still need assistance with Our Service or have a complaint, please contact us via email at help [at] discogs [dot] com.

Our community-based Forum provides support from community members about various topics and assistance with using Our Service. You will need to be a registered user in order to contribute to the Forum.

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

                                                                                                                                               

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