Entrée en vigueur au 2 de octobre de 2023
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- What are the different types of sellers?
- Who qualifies as a Business Seller and a Hobby Seller?
- What happens if sellers provide inaccurate information as to their status as a Business Seller?
- When do EU/EEA/UK consumer protection laws apply?
- What is the two-year legal guarantee?
- What is the right of withdrawal?
- What happens if a Business Seller does not comply with the laws?
- How do I manage disputes related to transactions made on discogs.com?
Under European Union (EU), European Economic Area (EEA), and United Kingdom (UK) consumer protection laws, Business Sellers (see definition below) who sell items to EU/EEA/UK consumers via discogs.com have specific legal obligations when it comes to the items they sell. Below is additional information about types of sellers, consumers rights and obligations, and ways to comply with them.
Under applicable EU consumer protection laws, Discogs is required to ask sellers to identify themselves as either a Business Seller or a Hobby Seller. Business Sellers are obliged to comply with specific consumer protection rights. As a result, consumers contracting with Business Sellers benefit from traditional consumer rights, such as the right to withdraw within 14 days and legal guarantee (see more information below).
A Business Seller is typically someone that meets one or more of the following tests:
- sells items in the context of their commercial or professional activity;
- buys items to resell them to consumers;
- regularly sells large amounts of items;
- sells items over a longer period of time to make a profit;
- has registered as a business due to its sales activities; or
- has a physical business location in addition to its Discogs store.
If any of the above applies, then sellers must determine their status as a Business Seller. Business Sellers must identify themselves as such in their Seller Settings and provide all information required by Discogs. Discogs will display the “Business Seller” designation near the seller’s name on the seller’s profile page. This information will be visible to all discogs.com users, and buyers will be able to identify Business Sellers.
Sellers that do not fall under any of the above categories are considered Hobby Sellers, and typically offer products on a casual basis. Such sellers will not have any label or special designation on their seller’s profile page. Consumers contracting with Hobby Sellers will not be covered by EU/EEA/UK consumer laws.
Please note, however, that the above list is not exhaustive and other forms of activity may mean that a seller is a Business Seller. Seller’s location (city, county, state or country) or the consumer’s location may include other activities that would qualify a seller as a Business Seller. Sellers should always check with their local laws and regulations to make this determination, or seek advice from a lawyer or other legal advisor if they are unsure. Buyers should contact sellers directly if they are unsure whether the seller qualifies as a Business Seller.
Business Sellers have a legal obligation to declare themselves as such under EU consumer protection law. Inaccurate or false self-declarations are misleading to consumers and violate consumer protection laws and Discogs policies. Business Sellers that do not indicate they are Business Sellers may be subject to suspension or termination from discogs.com, in addition to penalties and other actions within applicable laws.
EU/EEA/UK consumer protection laws apply when a Business Seller sells to consumers located in the EU/EEA/UK, regardless of where the seller is located (e.g., United States, Mexico, Japan, etc.). EU/EEA/UK consumer protection will not be applicable to Business Sellers that do not sell items to consumers residing within the EU/EEA/UK.
Sellers on discogs.com indicate that they sell to consumers in the EU/EEA/UK by including those locations in their shipping policies. Sellers who do not wish to sell to consumers located in the EU/EEA/UK must not include those locations in their shipping policies. It is also recommended to include a disclaimer in the Seller Terms stating that they will not ship any items to the EU/EEA/UK.
By offering items on discogs.com, all sellers warrant the items they sell are free of defects or otherwise as described in the product listing. This applies to both new and used items. All sellers are required to describe their products accurately and completely, and must not omit any information that’s relevant for consumers.
Consumers located in the EU/EEA/UK have a two-year legal guarantee regarding conformity of the goods. That means that EU/EEA/UK consumers who purchase an item from a Business Seller can ask for redress in cases where the purchased item, at the time of delivery:
- doesn't fully match the product description;
- has different qualities from the item advertised or shown in the listing;
- is not fit for purpose - either its standard purpose (e.g., to listen to the item) or a specific
- purpose stated by the consumer at the time of the order which the Business Seller accepted; or
- doesn't show the quality and performance which are normal in products of the same type (e.g., a new, sealed vinyl record that when opened contains scratches that impact the sound quality)
In any of the above cases, the EU/EEA/UK consumer can request:
- repair the product (free of charge); or
- replace the item with a new (conforming) item (also free of charge); or
- if the item cannot be repaired or replaced, a refund or reduction of the purchase price.
Please note that full refunds will not apply in cases of minor issues (i.e., scratched CD case, record sleeve tear, mark on vinyl that doesn’t impact playback). Also, if the Business Seller informs the consumer via the item description that the item has quality problems or is damaged, the consumer cannot later make a claim about the item from the Business Seller about that particular defect.
The above legal rights for non-conformity are in effect from two years from the date the item is delivered to the EU/EEA/UK consumer. All claims for refunds must be made directly by consumers to the Business Seller via the Order Page. Business Sellers acknowledge and agree that in case a product is returned to them due to non-conformity for the reasons listed above, the Business Seller must not refuse to process the claim and must take appropriate action within a reasonable time.
If the Business Seller is at fault for the defect, then the consumer can demand compensation for damages or ask for reimbursement of return shipping (if not already covered by the seller’s policies).
Also note that EU countries may implement the legal guarantees rules differently, including longer guarantee periods (over two years). We recommend that Business Sellers with questions about legal guarantees should contact their lawyer or other legal advisor.
Under EU/EEA/UK law, consumers have a right to withdraw from contracts (i.e., return the product bought) within 14 days. For Business Sellers, this means that EU/EEA/UK customers can revoke their online purchase within 14 days of receipt of the item(s) without giving any reason.
- The consumer has 14 calendar days from the date they receive the goods (physical possession) to notify the Business Seller they wish to cancel the contract and return the item. In the case of a contract relating to multiple goods ordered by a consumer in only one order and delivered separately, the withdrawal will expire after 14 calendar days from the day on which the last item was delivered. To meet the withdrawal deadline, it is sufficient to let the Business Seller know about the decision to cancel the contract before the withdrawal period has expired.
- There are exceptions to the right of withdrawal. For example, the right of withdrawal does not apply if the item was delivered in a sealed medium (e.g., original plastic around a new CD case) and was unsealed after delivery.
To exercise such right, the consumer must inform the Business Seller via the Order Page of their decision to cancel the contract by an unequivocal statement. For example, the consumer can complete and send the following form:
To [Seller Name as stated on their Discogs seller page]:
Hereby I give notice that I withdraw from my contract of sale
of the following items: [insert information about purchased items]
The items were ordered on: [insert date or item order]
The items were received on: [insert date of item receipt]
My (customer) name: [insert name of purchaser withdrawing from the contract]
My (customer) address: [insert address where items were sent]
Date: [insert date that withdrawal notice is being provided to seller]
The Business Seller must, upon receipt of such communication, send an acknowledgement of receipt to the consumer as soon as possible.
- Returning the item(s):
- The consumer must send back the item(s) to the Business Seller without undue delay, and in any event not later than 14 calendar days from the day on which they informed the Business Seller about the withdrawal from the contract. All items must be sent to the address indicated on the Seller’s Page for returns.
- The consumer should refer to the Seller Terms to determine if the consumer or the Business Seller will pay for return shipping. If the Business Sellers don't mention this information in the Seller Terms, then the Business Seller will have to pay for it.
- If the consumer withdraws from the contract properly, Business Sellers must issue a refund within 14 calendar days of receiving the returned item or evidence that the item has been delivered back, whichever is the earliest. The refund must include all payments received from the consumer, including the costs of delivery (with the exception of the supplementary costs resulting from the consumer’s choice of a type of delivery other than the least expensive type of standard delivery offered)
- The refund payment must be made using the same means of payment used by the consumer for the initial transaction, unless the consumer has expressly agreed otherwise; in any event, the consumer will not incur any fees as a result of such reimbursement
- The consumer is only liable for any diminished value of the items resulting from their handling other than what is necessary to establish the nature, characteristics and functioning of the goods. The Business Seller has to refund the full price of the item as well as the shipping costs to the consumer unless the item is returned in a damaged condition.
Business Sellers acknowledge and agree that in case of the right to withdraw, the Business Seller shall not refuse to process the claim, must take all appropriate steps within a reasonable time and enforce consumers rights accordingly.
Customers should contact Business Sellers directly if they have any questions.
Failure to comply with these legal obligations can lead to complaints made to consumer protection agencies. It could also lead to court proceedings and penalties. Please be aware that Discogs may take action against Business Sellers who are not compliant with the law, such as account suspension or termination.
Consumers located in the EU who are unable to resolve an issue or complaint related to purchases and sales through Discogs’ normal channels found in our Help Center or via help [at] discogs [dot] com, may access the EU Online Dispute Resolution (ODR) platform here: https://ec.europa.eu/consumers/odr and submit a complaint.
If we are unable to resolve an issue or complaint related to the EU Platform to Business Regulation through our normal channels found in our Help Center, consumers or Business Sellers may request mediation via JAMS or the International Centre for Dispute Resolution.
The content of this page is for information purposes only, and it is not intended to be legal advice. If you are unsure of any of these details, you should seek appropriate advice from a lawyer or other qualified professional. Please refer to our Seller Policy and Buyer Policy for more information on buyers and sellers’ rights and obligations.