TERMS OF SERVICE

Last updated December 27, 2011

Copyright notice

This website and its content is copyright of VintageandRare.com - © VintageandRare.com 2008. All rights reserved.

Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following:

  • you may print or download extracts to a local hard disk extracts for your personal and non-commercial use only
  • you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material

You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.

Privacy policy

This privacy policy sets out how VintageandRare.com uses and protects any information that you give VintageandRare.com when you use this website.

VintageandRare.com is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website, then you can be assured that it will only be used in accordance with this privacy statement.

VintageandRare.com may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes. This policy is effective from June 1, 2008.

What we collect

We may collect the following information:

  • name and job title
  • contact information including email address
  • demographic information such as postcode, preferences and interests
  • other information relevant to customer surveys and/or offers

What we do with the information we gather

We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:

  • Internal record keeping.
  • We may use the information to improve our products and services.
  • We may periodically send promotional emails about new products, special offers or other information which we think you may find interesting using the email address you have provided.
  • From time to time, we may also use your information to contact you for market research purposes. We may contact you by email, phone, fax or mail.
  • We may use the information to customize the website according to your interests.

Security

We are committed to ensuring that your information is secure. In order to prevent unauthorized access or disclosure we have put in place suitable physical, electronic and managerial procedures, to safeguard and secure the information we collect online.

How we use cookies

A cookie is a small file which asks permission to be placed on your computer's hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.

We use traffic log cookies to identify which pages are being used. This helps us analyze data about web page traffic and improve our website, in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system.

Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.

You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser settings to decline cookies if you prefer it, though this may prevent you from taking full advantage of the website.

Links to other websites

Our website may contain links to enable you to visit other websites of interest easily. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.

Controlling your personal information

You may choose to restrict the collection or use of your personal information in the following ways:

  • whenever you are asked to fill in a form on the website, look for the box that you can click to indicate that you do not want the information to be used by anybody for direct marketing purposes
  • if you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by writing to or emailing us at info@vintageandrare.com

We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so. We may use your personal information to send you promotional information about third parties which we think you may find interesting, if you tell us that you wish this to happen.

You may request details of personal information which we hold about you under the Data Protection Act 1998. A small fee will be payable. If you would like a copy of the information held on you please write to info@vintageandrare.com

If you believe that any information we are holding on you is incorrect or incomplete, please write to or email us as soon as possible, at the above address. We will promptly correct any information found to be incorrect.

Terms of use

Unacceptable behaviour on VintageandRare.com

In particular the following is deemed unacceptable use of VintageandRare.com:

  • Displaying content that contain obscene, hateful, pornographic or other illegal material
  • Use system to perpetrate any form of fraud, or software, film or music piracy
  • Use system to send offensive or harassing material to other users
  • Downloading commercial software or any copyrighted materials belonging to third parties, unless this download is covered or permitted under a commercial agreement or other such license
  • Hacking into unauthorized areas
  • Creating offensive and indecent member names, screen names, or handles
  • Harassing another member online
  • Creating or transmitting defamatory material
  • Undertaking deliberate activities that waste sites resources
  • Introducing any form of computer virus into the site

VINTAGEANDRARE.COM RESERVES THE RIGHT TO TERMINATE ANY MEMBER FOR ANY REASON OR NO REASON AT ALL.

VintageandRare.com will investigate complaints of violations of the VintageandRare.com terms of use. Please submit any such complaints to info@vintageandrare.com

Subscription and payment terms

Invoices

Invoices will be available in your profile under the menu: /my profile /invoices upon every withdrawal.

Payment methods:

You can pay your subscription by PayPal or the following types of credit cards: Visa; Visa Electron, American Express and Maestro.

Ability to Enter into this Agreement

In order to enter into this Agreement, you must have reached the legal age of majority in your jurisdiction of residence or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in this Agreement, and to abide by and comply with this Agreement. It is your responsibility to ensure that you are legally eligible to enter into this Agreement under any laws applicable to you in your jurisdiction of residence or otherwise. If you accept this Agreement, you represent that you have the capacity to be bound by it.

Fees

You shall pay all fees specified in any Subscription. We will charge you a monthly fee based on the subscription plan you choose. Such monthly fees shall be billed in advance for each month and are non-refundable. There will be no refunds or credits for partial months of service or for periods in which your account remains open but you do not use the Services.

We reserve the right to modify our billing rates at any time upon thirty (30) days written notice by email or on the Site.

At our discretion, we may offer free or discounted pricing for use of the Services (a "Trial Program"). Once the terms of any Trial Program have expired, you agree that our normal billing rates will apply. You agree to comply with any additional terms, restrictions or limitations (including limitations on the total amount of usage) we impose in connection with any Trial Program. You may not sign-up for multiple Accounts in order to receive additional benefits under any Trial Programs.

Obligations

VintageandRare.com is obligated to deliver the services of the subscription the customer chooses which is specified on VintageandRare's join page. 30 days upon creating an account, the customer will be billed an amount according to the subscription that has been signed up for. The bill will be paid up front, for the following 30 days. This billing will recur every 30 days until the customer discontinues the account.

It is the customer's responsibility to cancel the account if they do not wish to pay the monthly subscription fee. If this is not done, the customer will at all times be charged the subscription fee.

Overdue fees

Payment must happen within 14 days upon billing. If the subscription fee is not paid within 14 days, a reminder fee of 20 euro is added to the bill.

Change of credit card data

In case the customer's credit card data changes during their time as a VintageandRare.com customer, the credit card data must be changed immediately. In case the credit card data changes, the terms of the subscription is still the same. That includes the monthly subscription fee up front for the following 30 days and the reminder fee if the fee is paid too late.

Cancellation and Termination

You may downgrade your account to the 'Free' subscription level at any time. To do this, write an email to info@vintageandrare.com with subject: Cancellation of subscribtion from today

At the 'Free' subscription level you will not be billed but your pages will remain intact and you can still access your account.

You will remain liable for all charges accrued on your Account up to the time that you downgrade, including full monthly fees for the month in which you downgraded your Account. VintageandRare.com is under no obligation to store your Content and may delete your Account and your Content immediately upon cancellation or after your account has been downgraded to the 'Free' subscription level. VintageandRare.com may keep your Account and your Content indefinitely following cancellation or after your account has been downgraded to the 'Free' subscription level.

VintageandRare.com reserves the right at any time, and without cost, charge or liability, to terminate this Agreement at its sole discretion for any reason, including, but not limited to, a failure to comply with the terms of this Agreement. VintageandRare.com also reserves the right to deny access to anyone, including, but not limited to those users who use proxy servers and/or IP addresses residing in certain geographical areas outside of Canada and the United States. VintageandRare.com reserves the right to terminate any portion of the Site at any time, for any reason, with or without notice.

DISCLAIMER

Warranties and Liabilities

VintageandRare gives registered users of the site the possibility to buy and sell instruments etc.

VintageandRare does not offer items for sale on the platform and is not a part to the deals at the site, but solely provides the technical facilities in connection with opening and/or completion of the deals.

VintageandRare is neither seller nor supplier of the goods or services offered at the site and are thus not subject to any of the legal liabilities in force for users selling goods or services on the site. VintageandRare is not and cannot be held responsible for users’ and other members’ demeanour on the site or for the goods and services offered for sale and/or delivery, whether the deal is between private persons or between private persons and tradesmen.

VintageandRare has no control over and is not liable for the quality, warranty, safety and/or the legality of the goods and services offered at the site. VintageandRare have no control over and is not liable for the accuracy and correctness of the offers posted on the site or for the ability and willingness of the seller to sell and provide the offered goods or services or for the ability and willingness of the buyer to pay for the goods they make an offer for.

VintageandRare does not as a rule pre-check the contents and offers posted on the site nor the goods or services. VintageandRare cannot control the deals, including their validity and finalisation. Even if it conflicts with the conditions of use of the site, there may be users, who violates the terms of use and gives information in conflict with prevailing law or in other ways violate their obligations. As user of the site one should always display a high level of vigilance when dealing on the site, whether such participation in deals takes place as seller or buyer of goods and/or services.

VintageandRare cannot guarantee uninterrupted access to the site, since this is not technically possible, and users accept that from time to time VintageandRare’s services may be inaccessible. VintageandRare cannot be held liable for lack of access to the site, whether or not the lack of access is planned or coincidental.

As user at the site you accept that VintageandRare is entitled but not obligated to withdraw offers posted on the site and/or deals, which seem to be in violation with the terms and conditions of VintageandRare. VintageandRare reserves the right to withdraw deals and offers posted on the site, close a deal early, prolong a deal, revoke deals or discontinue services, if this is deemed necessary.

VintageandRare are entitled to and reserves the right to discontinue and close a user’s account in case users are in violation of the terms and conditions of VintageandRare, including but not limited to giving false registration information or in any other way providing false information in connection with sale and purchase of goods and/or services. VintageandRare cannot be held liable for any losses included but not limited to loss of money, goodwill, reputation, profit etc., occurring in relation to a discontinuation or closing of an account.

As user of VintageandRare you accept to hold VintageandRare exempt from liability to the extent of the law, arising from or in connection with deals and offers posted on the site, including but not limited to all claims in connection with offers posted on the site, finalised or pending sales, goods or services offered for sale or delivery, actually sold and/or delivered goods through or in connection with a deal, offers posted on the site established by you as user of the site and/or or goods you as user has made an offer for or sold.

VintageandRare cannot be held liable for lack of fulfilment of our obligations in accordance with this agreement, if such lack of fulfilment is due to circumstances beyond the control of VintageandRare, which VintageandRare could not and should not have foreseen within reason.

Without limiting the above conditions, VintageandRare’s liability in damages according to this agreement, arisen due to negligence or otherwise, cannot in any circumstances exceed the highest of the following amounts:

  1. DKK 3,000.00
  2. An amount equivalent to the amounts paid or payable by you or to you as user in connection with the deal or deals the liability in damages concern, regardless of the basis of the lawsuit or which form it takes place.

This limitation of the liability in damages does not apply, if you are dealing as a consumer.

VintageandRare is not liable in damages towards the user or any third party for indirect losses, damages or collateral damage, loss of data, profit, income or business regardless of the origin hereof, whether arisen from neglect or violation of this agreement or otherwise.

This limitation of the liability does not apply, if you are dealing as a consumer. As user of VintageandRare you are at all times accountable for that the use of other people’s texts, pictures, music and videos respects applicable Danish law and for that any and all immaterial rights are respected and honoured according to the rules applying at all times.

VintageandRare disclaims any responsibility for violation of such rights, and passes on any contact to this effect directly to the user. As user of VintageandRare you assume the responsibility to hold VintageandRare indemnified for any and all responsibility, demands and costs, deriving from your violation of the conditions for being user at this site or due to you account with VintageandRare.

This agreement is regulated by the laws of Denmark, the venue is the District Court of Copenhagen. VintageandRare reserves the right to update these terms and conditions at any time. When changes are made, VintageandRare will inform you at the front page of the site and via e-mail. New versions of these terms and conditions will become effective and be applicable to all deals and any other activities on VintageandRare’s site 30 days after the day of publication.