Entrée en vigueur au 8 juin 2023
Ce document est actuellement uniquement disponible en Anglais. Merci pour votre compréhension.
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This Buyer Policy (the “Policy”) sets forth the terms and conditions that apply to you, as a buyer (“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, and marketplace transactions are subject to the EU/EEA/UK Consumer Protection Rights document (where applicable), all of which are incorporated into and made a party of this Policy by this reference. Please review these documents as well.
TERMS APPLICABLE TO EU/EEA/UK BUYERS
WHAT TO DO IF THERE IS A PROBLEM WITH YOUR ORDER
ACCOUNT RESTRICTION, SUSPENSION OR TERMINATION MY ACCOUNT?
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 is not a party to any contract for sale between independent third-party sellers and buyers.
- Discogs does not offer items for sale on, and does not compete with users on, its discogs.com platform.
- Discogs does not pre-screen items sold or advertised via the discogs.com platform.
- Discogs does not guarantee or endorse any items advertised or sold, or content posted, on the discogs.com platform.
- Except where specifically stated, Discogs does not claim ownership in any intellectual property cataloged or listed for sale through the marketplace Services.
- 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 with 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 BUYERS
- You will review and agree to the item condition as described in the item 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 or working with a professional translator. Prior to creating an order, You are encouraged to contact sellers for additional information if You have questions about the item condition or description.
- You 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 Your payment provider, sellers may cancel Your order if Your shipping information listed in Our Service does not match what is listed with their payment provider. If a seller cancels an order for this reason, You agree that, upon seller request, We may remove order feedback You leave as a result.
- You are responsible for any and all customs fees, import taxes, or other delivery-related charges that may arise after the order is processed via Our Service and the order has been shipped.
- When an order is placed, You agree to accept the Seller Terms and provide payment in full within four (4) calendar days of the order being created. Failure to do this may result in an order cancellation due to Non-Paying Buyer.
- To maintain a secure platform, all transactions must take place through the checkout process supplied on discogs.com.
- 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.
Payment options
- We encourage You to use a method of payment that provides security and payment protection, such as PayPal and some credit cards. In some locations, you may choose an Alternative Payment Method (APM). If using an APM, the dispute may need to be handled with the APM provider. You can learn more about these methods and where they are available in Our New PayPal Payments Solution FAQ
- You are expected to comply with all rules set by PayPal and its associated payment methods, including requirements for refunds and returns.
Communications
- If there is an issue (e.g., non-delivery, damage, mis-grading) related to an order, You agree to use the Order Page to notify the other party before leaving feedback.
- You agree to communicate directly with the seller using professional and courteous language at all times to resolve all order related issues. You should use the Order Page for all communications regarding orders and transactions. We do not have the ability to review communications between users that are made outside of Our Service.
TERMS APPLICABLE TO EU/EEA/UK BUYERS
- You may purchase items from both hobby and business sellers via Our Service.
- A “Business Seller” includes any private individual or legal person (i.e., a company) acting in a commercial or professional capacity, which offers products through Our Service to consumers for purposes relating to its trade, business, craft or profession. Business Sellers may be identified as such on their seller pages by the term “Business Seller”; however, we recommend that You message the seller if You are unsure if they are a Business Seller.
- A “Hobby Seller” includes any private individual or legal person acting outside of their commercial, business, craft or professional activities. If the term “Business Seller” is not mentioned on the seller page, then the seller is likely considered a “Hobby Seller”. If you are unsure, we recommend that You message the seller to confirm its status. Consumers contracting with Hobby Sellers are not covered by EU/EEA/UK consumer laws. Hobby Sellers may voluntarily offer cancellation options and legal guarantee. If that is the case, the information will be included in their Seller Terms. Always contact the Hobby Seller if you have questions.
- There are specific rights afforded to buyers located in the European Union (EU) or in the United Kingdom (UK) who purchase items from Business Sellers through Our Service, including a Legal Guarantee and a Right to Withdraw from a contract to purchase items. Our EU/EEA/UK Consumer Protection Rights support document outlines such rights and provides You with additional information to help You understand Your rights and options. We recommend that You read the support document carefully.
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, 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.
Please note that some order issues do not qualify for resolution by the seller, such as items that:
- have been altered after receipt (e.g., removing plastic wrapping)
- are damaged by the shipping carrier (if the seller properly packaged the item)
- are received late as a result of shipping delays (and not as a result of seller actions)
- are returned without first notifying the seller of the return
- are accurately described in the item description, but do not meet the Your expectations
- are prohibited from sale through discogs.com, such as digital goods or services
If there is an issue with Your purchase, You may take the below steps no later than 60 calendar days after the order has shipped. Please note that the support We can offer You after 60 calendar days is likely to be very limited in scope.
Please note that buyers in certain locations have additional protection periods as stated in this Policy.
How to address order issues:
- Before leaving feedback, use the Order Page to notify the seller, then allow the seller four (4) calendar 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 that We encourage both buyers and sellers to use a method of payment that provides security and payment protection. If You choose to use an unprotected payment method agree to accept any risk of order non-delivery, damage, or misgrading.
- If the seller does not respond in four (4) calendar days, You can use the Seller Not Responding feature to send a notification to the seller. When the “Seller Not Responding” feature is used, the seller then has four (4) calendar days to respond on the Order Page. Failure to do so will result in an automatic account suspension of the seller, which will not be lifted until communication has been reestablished on the Order Page. Sellers with a clear history of not responding to orders, or not providing mutually agreed upon solutions may be suspended or removed from Our Service.
- If the seller is suspended because they did not respond to a “Seller Not Responding” notification, You should open a dispute with Your payment provider. If You choose to use an unprotected payment method that does not allow You to file a dispute, do so at their own risk and acknowledge that the support We can provide under these circumstances will be very limited.
- If the seller responds, but does not provide a mutually agreeable solution, You should open a dispute with Your payment provider.
FEEDBACK AND REVIEWS
Buyers that have purchased an item through Our Service are able to leave feedback on the seller’s profile describing their experience and interaction for that particular order. Feedback can only be left within 90 calendar days of the order-creation date. There is a "Send Feedback" link on the right side of the Order Page, next to the seller's information. This option is only available to the buyers who have purchased the particular item. Feedback should be left once the transaction is complete and should focus on the transaction itself, rather than specific user behavior. 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 to the far right of the feedback to be requested for removal, 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 Our Service. There is a Reviews section at the bottom of every Release, Artist and Label page. This feature should be used to review the music, group or label in general, and not a specific item that You may have received from a seller. For information on what is considered appropriate and inappropriate reviews, please visit: How To Post A Review Or Comment.
PAYMENTS & FEES
Paying for Your Order
When You place an order, You must provide payment in full within four (4) days of receiving an invoice. See Our I just Placed An Order - How Do I Pay For It? article for additional information. Failure to do this may result in an order cancellation due to Non-Paying Buyer. Note that You are responsible for any and all customs fees, import taxes, or other delivery-related charges that may arise after the order is processed via Our Service and the item or items has/have been shipped.
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.
Information About VAT and Taxes
Different taxes and VAT may apply depending on the transaction location. 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. If We decide to take action against Your account, We will provide You with a statement of reasons for that decision via email or 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 30 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. 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);
- Purchasing or paying through the Private Message system instead of Our Service sales listing;
- Completing payment when collecting the order in person.
2. Prohibited Items Policy
The use of Our Service to purchase any prohibited items is strictly forbidden. This includes, but may not be limited to:
- Digital files (e.g., mp3 or FLAC files);
- Items blocked from Our Service;
- Items matching the Offensive Materials guideline; and
- Bootlegs, counterfeits, pirate copies, or items that do not comply with usual copyright laws in the international space.
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 restrictions, 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
Users subject to account restriction or suspension may still access their account information by logging into their account.
If You terminate or cancel Your account, or request data erasure, You cannot later access any account information. Your account 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 on Our Service.
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 WITH DISCOGS
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 contact Us regarding a dispute, you understand that We may use your personal information for the purpose of assisting You with the dispute with other members.
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.
If You are unable to resolve an issue or complaint involving a Business Seller that is 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. Contact Us via help [at] discogs [dot] com if You have additional 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 a complaint, please contact us via email at help [at] discogs [dot] com.
You can contact sellers in the marketplace through their seller profile pages. Simply click on the seller name in the marketplace and the “Contact Seller” link once on the seller profile page.
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.