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General Terms and Conditions

Updated

Terms and Conditions

This document (which is referred to as the "Terms") sets out how you can access and use the Voggt© Platform. By using and accessing the Voggt© Platform, you must agree to these Terms. If you do not agree to these Terms, please do not use the Platform. 

Contents 

1. Definitions

2. These Terms

3. Creation of an account

4. Contributions

5. How we can bring our relationship to an end

6. Fees

7. How Users can purchase an Item

8. How Sellers can list Items

9. Seller's Responsibilities

10. Cancellation Rights

11. Delivery and Returns

12. Voggt© Goodwill Policy

13. Our responsibility for loss suffered by you

14. Content

15. Data Protection and Privacy

16. Access to Personal Information 

Other important terms

  • Appendix 1 - GTC

1. Definitions

Any capitalised words used in these Terms will have the meaning set out below:

Voggt©: means ADOPTMARKET S.A.S, a simplified joint stock company whose registered office is located at 7 place de l'Hôtel de Ville, 93600, Aulnay-sous-bois and registered in the Bobigny Trade and Companies Register under number 881 717 342. VAT number FR62881717342

Buyer: refers to any individual acting in their own personal capacity, who holds a Customer Account and purchases Items via the Platform.

Catalogue: means the electronic catalogue where Items of the same type are listed.

Community Guidelines: means Community Guidelines

Contributions: means information, data, texts, messages or any other content published on the Platform. 

Customer Account: means the User account created following registration of the User on the Platform.

GTC: means the general terms and conditions of sale which govern the relationship between Buyers and Sellers, as set out in appendix 1 to these Terms.

Individual Seller: means any User who adds one or more Items to the Platform catalogue, who is not acting in a professional capacity.

Integrated Payment Service: refers to the online payment service for the Items, available to the Buyer on the Platform, the payment services being performed by Voggt©' partner, STRIPE FRANCE, SARL with a capital of €1,000, whose registered office is located at 10 Boulevard Haussmann 75009 PARIS 9 and registered with the RCS of Paris under the number 807 572 011.

Items: means goods/items which are not illegal to sell or exchange, and which are added by an Individual Seller or Professional Seller on the  Platform catalogue.

Item Listing: means the description of an Item, which also sets out details of the price (including VAT) in GBP and the condition of the Item.

Live Sale: shall mean the holding of a live sale, via the video broadcast service offered by the Platform, during which a Seller offers one or more items for sale to Users.

Platform: means the JoinVoggt© website, as well as mobile applications of the Voggt© platform downloaded to smartphones or tablets.

Professional Seller: means any User who adds one or more items to the catalogue of the Platform in a professional capacity.  Professional Sellers are identified on the Platform by the word "Professional" displayed next to their name.

Seller: means an Individual Seller or Professional Seller. 

Seller Account: means the account of an Individual Seller or Professional Seller.

Transaction: means any sales or exchange concluded on the Platform between Users.

User or you: means any user of the Platform, whether a Buyer, Professional Seller or Individual Seller.

We, our or us: means Voggt©. 

 

2. These Terms

2.1 These Terms (excluding Appendix 1) apply between you and Voggt©. 

2.2 Voggt© is an online hosting service that facilitates the exchange, sale and/or purchase of Items, User access to attend Seller live auctions, and User communication by sending messages through the forum or privately on the Platform.

  • Voggt© only facilitates Transactions between Users.  Voggt© is not a party to any Transaction between Users and Voggt© does not buy, sell or trade any of the items presented on the Platform.

2.3 These Terms will take effect when you register for an account, and will apply until you or we terminate them in accordance with these Terms. 

  • If you are acting as a Seller:

2.4 We can make changes to these Terms or to the Platform, but we will let you know with a summary of the changes at least 15 days before these changes are made (except in those circumstances set out in section 2.6 below). We may provide longer notice where: (a) entire features of the Platform that are relevant to you are added or removed; or (b) where you need to adapt your services because of the change. If you are not happy with the changes, you can terminate your relationship with us before the changes are introduced. 

2.5 We may make changes to the Terms and/or the Platform immediately where: (a) we need to make changes to comply with laws or regulation; or (b) these are needed to deal with any unforeseen and imminent danger to the Platform, which could include for example, having to deal with or defend the Platform from fraud, malware, spam, data breaches or other cybersecurity risks, as well as other situations. We can also make changes immediately if you consent to these.

  • If you are acting as a Buyer:

2.6 These Terms and/or the Platform can be amended from time to time. You will be provided with at least 7 days' notice before the new Terms become effective, unless a change is needed by law or for emergency reasons, or you consent to the change, in which case we may make changes sooner. If you are not happy with the updated Terms, please do not continue to use the Platform. 

 

3. Creation of an Account

3.1 To buy or sell Items on the Platform, you must create an account. You must be over the age of 18 to create an account. An adult may allow access to users under the age of 18 access to the adult's account, provided that the adult gives prior permission. The adult will remain responsible for the account and bound by these Terms at all times.  

3.2 You must keep your login details and password confidential, and not disclose these to, or allow access to, any third party. 

3.3 If you are a Professional Seller, you must provide your VAT number(s), and registered address(es).If you do not have a VAT number but you act in a professional capacity, you must sign up as a Professional Seller.

3.4 If you sign up as Individual Seller, but your records suggest that you are a Professional Seller, we may contact you for additional information, and you may become a Professional Seller.

 

4. Contributions

4.1 Users confirm that all Contributions are their sole responsibility.

4.2 Users must agree not to:

4.2.1 publish any unlawful Contributions;

4.2.2 share information contrary to public order or morality;

4.2.3 use the Platform and / or Services for any other purpose other than to buy and/or sell Items in accordance with these Terms, the Community Guidelines, and such other requirements as we may communicate to you from time to time;

4.2.4 publish information of a commercial or advertising nature for, or otherwise in respect of, tobacco, alcohol or any other restricted substance, product or regulated service;

4.2.5 share Contributions which infringe the rights of third parties or are defamatory, insulting, obscene, pornographic, offensive, violent or inciting to discrimination, political violence, racism, xenophobia, sexism or homophobia;

4.2.6 publish information relating to other Users;

4.2.7 fraudulently access the Platform;

4.2.8 transmit any message containing computer viruses or any other code, files or programs designed to interrupt, destroy or limit the functionality of any software, computer or telecommunications tool;

4.2.9 harass in any way another or several other Users;

4.2.10 link or refer to other sites whose content would be likely to breach any law or regulation in force, and in particular would be likely to infringe the rights of any third party.

4.3 We are not responsible for any such Contributions, but we can reject, refuse or delete any Contributions where we consider that these breach these Terms or the Community Guidelines. 

4.4 Users must not make threatening, insulting, defamatory or disrespectful remarks towards Voggt©, its employees and/or any other Users.

4.5 All Users must comply with: (a) law; (b) the catalogue rules set up by Voggt©; and (c) the Community Guidelines

4.6 The Platform may include information or materials uploaded by other Users of the Platform. This information and these materials have not been verified or approved by us. The views expressed by other Users on the Platform do not represent our views or values. 

 

5. How we can bring our relationship to an end

5.1 We can temporarily restrict Users' access to or disable Users' use of the Platform:

5.1.1 to deal with technical problems;

5.1.2 to update the Platform to reflect changes in relevant laws and regulatory requirements;

5.1.3 where Users have not followed our Community Guidelines, acted unlawfully, or committed any criminal act while using the Platform.

5.2 We will try to let Users know in advance of any restriction or suspension of access to the Platform, unless the problem is urgent or an emergency, for example:

5.2.1 in the case of fraud;

5.2.2 where the User has repeatedly received negative reviews or bad detailed Seller or Buyer reviews and the suspension is necessary to protect the interests of other Users;

5.2.3 where the User causes significant harm to other Users or to Voggt©;

5.2.4 where the User has provided incorrect contact information;

5.2.5 where the User has allowed third parties to access his/her account; or

5.2.6 where there is a serious or repeated breach of the Terms, and for Sellers, including of any minimum performance standards detailed in our FAQ seller file. Sell on Voggt©

  • If you are a Seller:

5.3 We can terminate our relationship with you and remove your access to the Platform by giving you at least 30 days' notice if:

5.3.1 you are in breach of these Terms; 

5.3.2 we consider this necessary to protect our reputation and/or the Platform. 

5.3.3 you are a Professional Seller and we find mismatches or discrepancies in the VAT number(s) provided

5.3.4 we notice that you breach your VAT obligations

5.4 Where we provide you with notice in accordance with the paragraph above, you will be provided with reasons for this at least 30 days before termination takes effect and you will have an opportunity to register a complaint in accordance with section 5.10 below. If, following review, the termination is considered to be wrongful, access to the Platform will be restored (which we will confirm in writing). 

5.5 We will not provide you with notice of termination in the circumstances below:

5.5.1 a new law comes into force that means we have to terminate our provision of the Platform immediately, or on less than 30 days' notice;

5.5.2 we exercise any right we have under applicable law to terminate the relationship (for example, in the event of serious breach by you of these Terms); or

5.5.3 we terminate our relationship as a result of your continued breach of these Terms. 

  • If you are a Buyer:

5.6 We can terminate our relationship with you by providing you with reasonable notice in advance, unless you have seriously breached these Terms, in which case we can terminate our relationship with you immediately. 

5.7 Users may close their account and terminate these Terms at any time by letting us know through the Platform.

5.8 If a User has been suspended or these Terms are terminated by Voggt©, that User may no longer access the Platform, (even with other Customer Accounts) and may not register again. 

5.9 Voggt© may suspend a User's account if it detects unusual purchase and/or returns patterns. 

5.10 A suspension or termination shall have no effect on the validity of any contracts already entered into on the Platform, or your obligations to make any payments you are required to make under these Terms.

5.11 If Voggt© takes any of the actions referred to in this section, including restriction, suspension or termination, Users may request clarification of the facts and circumstances giving rise to such actions through Voggt©' internal complaints procedure by writing to support@voggt.com

 

6. Fees

6.1 There is no charge for registering an account on the Platform and bidding on items offered on the Platform.

6.2 The fees charged for selling Items on our Platform, which include the provision for technology and automated services, are detailed in our Auction Fee Policy. Voggt© may change the fees, however we will give you at least 15 days' advance notice of these changes. If you are not happy with these, you are free to close your account and terminate these Terms at any time. 

6.3 Unless otherwise stated, all fees are quoted in British Pounds Sterling (GBP). It is your responsibility to pay all applicable fees and taxes resulting from purchasing Items on our Platform in a timely manner and through a valid payment method. If there is a problem with your payment method or if your account is in arrears, we will attempt to collect amounts owed by other means of collection, we will debit the other payment methods in your account, we may use a collection agency or legal counsel authorised for this purpose. We can charge interest on late payments at the rate of 3% above the Bank of England base rate from time to time, which will accrue on a daily basis from the due date of payment until the actual date of payment of the overdue amount. Finally, we may also suspend or limit your ability to use our Platform until payment has been received in full.

6.4 We may issue invoices to Sellers in electronic format by email. 

6.5 Where items are shipped from abroad, you (buyer) may be required to pay import taxes to collect your item. Voggt© does not act as Importer of Record

 

7. How Users can purchase an Item

7.1 In order to purchase an Item, Users must have an active Customer Account. Sellers are solely responsible for (i) the accuracy and completeness of the description of the Item in the Item Listing or during the Live Sale; (ii) the accuracy and completeness of the location of the items at the point of sale, as well as well as (iiI) the conformity of the Item with its description in the Item Listing or during the Live Sale.

7.2 The Platform allows Users to buy Items in two different ways: 

7.2.1 By Auction. To enter a bid, you must have previously entered your delivery address and chosen your payment method. You bid at the price you wish to pay for the purchase of the Item presented, until the time allowed by the Seller for the auction has expired. If you lose the auction, no request for payment is made. If you win the auction, your order is automatically placed and communicated to the Seller. A payment request is then made on your payment method.

7.2.2 By Fixed Price Sale: To buy an Item during a Live Sale, you must have previously filled in your delivery address and chosen your payment method. You should select the Item you wish to purchase. Then, click on "Buy". The User is then informed of the total amount of his/her order. Finally, you are invited to click on "Confirm Payment", which constitutes an obligation to pay. 

7.3 Each order for a Product constitutes a separate contract between the Seller and the Buyer. This contract will be formed at the time when the Buyer receives a confirmation email, and will be subject to the terms set out in Appendix 1 and any terms agreed between the Seller and the Buyer.

7.4 Payments on the Platform are processed through the 3D secure payment system managed by Stripe or by payment with codes (payment, discount or promotional).

7.5 Voggt© can offer discounts and promotions from time to time. When available, further details will be made available through the Platform, and additional terms will apply. 

7.6 Sellers must have an account with Stripe, following the process explained to them by Voggt©. Buyer payments are collected by Stripe, who transfers these to Sellers, after deducting Voggt©’s and Stripe’s commissions and the VAT amount, when Voggt© is required to collect VAT by law. Fees are explained in section 6.2 above. The Buyer's payment information is never communicated to the Sellers, who are only given the Buyer's contact information necessary to communicate with the Seller and to process his/her order, namely his/her last name, first name, as well as the delivery address.

 

8. How Sellers can list Items

8.1 Sellers must have an active Seller's Account to put an Item on sale. To organise a sale, the Seller must create a Live Sale on the Platform and enter the Item he/she wishes to sell during this Live Sale.

8.2 For each of the Items on sale, the Seller will choose whether he wishes to carry out an auction or a fixed price sale. 

8.3 For fixed price sales, the Seller sets a price at which the Buyers will be able to purchase the Item during the Live Sale. 

8.4 For auction sales, the Seller sets a minimum price at which Buyers may bid during the Live Sale. The Seller also sets the minimum amount that must be added for a Buyer to bid.

8.5 Professional Sellers be required to produce an invoice or receipt through the seller's account

 

9. Seller's Responsibilities

9.1 Sellers must:

9.1.1 only sell authentic Items on the Platform;

9.1.2 not bid on his/her own auctions;

9.1.3 honour the orders placed by the Buyers on the Platform;

9.1.4 send the Items in conformity with the representations made during the Live Sales and/or in the advertisements;

9.1.5 send the Items within the maximum period stipulated by Voggt© in the Voggt© rules; 

9.1.6 respond to requests from Buyers and/or Voggt© concerning sales already made within the maximum period stipulated by Voggt© in the Voggt© rules; 

9.1.7 reimburse the Buyer in case of a dispute resolved in the Buyer's favour. 

9.1.8 comply with your VAT regulations where applicable

 

Delivery 

9.2 Delivery costs are indicated to Buyers during the Live Sale. 

  • Delivery Method:

9.3 The Items are delivered by the Seller to the address indicated by the Buyer when placing the order. Buyers must ensure that the delivery details provided to Sellers are correct and complete – Voggt© is not responsible where incorrect or incomplete details are provided. 

9.4 Items can only be delivered if:

9.4.1 the Seller offers delivery in the country of destination indicated in the delivery address given by the Buyer when placing the order; and

9.4.2 the Buyer has a valid delivery address in the country of destination indicated in the delivery address by the Buyer when placing the order.

  • Receipt of Items:

9.5 Buyers must check the condition of the Items upon receipt to confirm that these are in conformity with the order, and let Voggt© know within two days (or as soon as possible) of any issues, in which case the Voggt© Goodwill Policy described below is available to you. .

9.6 Delay / Failure to deliver: In case of delay, total or partial non-receipt of the Item(s) ordered, the Buyer is invited to contact Voggt© from the agreed delivery date in order to deal with the problem, and let Voggt© know within two months of the order date of the total or partial non-receipt of the item(s) ordered, in which case the Voggt© Goodwill Policy described below is available to you. 

9.7 If an Item is returned to the Seller by the courier or postal delivery service for a reason such as "unclaimed" or "does not live at the address indicated", the Buyer will be refunded the price of his/her order (excluding the cost of returning the Item)

 

10. Cancellation Rights and Returns

10.1 If you are a Professional Seller, you must make the statutory cancellation right available, and known, to Buyers. Some exceptions do apply – please see Appendix 1 for further detail. This applies to both new and second hand Items. Individual Sellers are not required to offer this under law, however may make this available at their discretion. 

10.2 Professional Sellers are recognizable by the "Professional" badge attached to their seller name on the Platform.

10.3 Return Policy: Seller is free to set its own return policy as long as it complies with legal requirements. Voggt© will not be held responsible in the event that a Seller does not offer a return policy.

 

11.  Voggt© Goodwill Policy

11.1 Most sales on Voggt© go smoothly. However, if there is a problem with an Item, the Voggt© Goodwill Policy helps Buyers and Sellers communicate and find a solution to the problem. In the event of a dispute, the Buyer may contact Voggt© who will liaise with the Seller to find a solution to the issue raised.

11.2 The rules governing the Voggt© Goodwill Policy are an integral part of these Terms. Seller agrees to abide by the rules of the Voggt© Goodwill Policy and authorises us to make the final decision in any dispute.

11.3 If the Seller does not propose a reasonably acceptable solution to the Buyer within 10 days of Buyer's creation of the dispute with Seller, the Voggt© Goodwill Policy can apply for the following types of disputes:

11.3.1 Non-reception of an Item;

11.3.2 Receipt of an Item that does not conform to the Item sold; or

11.3.3 Delivery of counterfeit Items

11.4 Under the Voggt© Goodwill Policy, if a dispute is resolved in favour of the Buyer, Voggt© can require the Seller to reimburse the Buyer for amounts owed to the Buyer so that Voggt© may reimburse the Buyer on behalf of the Seller. Seller also authorises Voggt© to invoice Seller for such amounts on behalf of Voggt©.

11.5 If Seller is found to be at fault or in breach of these Terms/the GTC, we will notify Seller and invoice Seller for the refund amount.

11.6 Seller acknowledges and agrees that the above authorizations will be given on a recurring basis and at various times as required by us to implement the rules governing the Voggt© Goodwill Policy. For future claims, when we decide a dispute in favour of Buyer, we will notify Seller and continue to bill Seller.

11.7 We may suspend the Voggt© Goodwill Policy without notice if we suspect abuse or interference with the proper functioning of the Voggt© Goodwill Policy.

11.8 The Voggt© Goodwill Policy is not a product guarantee or a service guarantee. It is an additional goodwill feature provided by Voggt©, and does not replace any rights that Buyers have against Sellers under law.

 

12. Our responsibility for loss suffered by you

12.1 We will always be responsible to you for the following:

12.1.1 death or personal injury arising as a result of Voggt©'s negligence;

12.1.2 fraud on the part of Voggt©; and

12.1.3 any other liability that cannot be excluded or limited under applicable law. 

12.2 Otherwise, we are only responsible to you for damages, losses or costs which result from us not performing our obligations under these Terms and which could have been reasonably foreseen by us and you when entering into these Terms. 

12.3 We do not make any guarantees that the Platform, its content and functionality will be fully available at all times. We will not be responsible for any losses suffered by you: (a) as a result of the Platform not being fully available at all times; or (b) in respect of any Items purchased or sold via the Platform. We don't make any promises that access to the Platform will be uninterrupted or error free. 

12.4 We are not responsible for any Items which are lost or damaged during delivery. If there are any issues with your order, please see section 12 above.

 

13. Content

13.1 When you upload, stream, or post content to the Platform, you grant us a worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform that user generated content for the purposes of the operation of the Platform. We do not claim ownership in your user content and ownership will remain with you. 

13.2 All intellectual property rights in the Platform, its content and any related materials belong to Voggt© or its licensors and must not be copied, distributed, uploaded or republished in any way without Voggt©'s prior written consent. 

13.3 By selling on the Platform, Sellers agree to:

13.3.1 verify that the information included in the Item Listing is accurate;

13.3.2 not remove any copyright, "trademark TM" or other markings on the Item Listing; and

13.3.3 not to use the contents of the catalogue in a manner that would infringe the rights of any third party, nor to create derivative works using such data or information in any way (other than for the sole purpose of including such information in your advertisements).

13.4 You may link to the Platform, provided that you do so in a way that is fair and legal and does not damage our reputation. 

14. Data Protection and Privacy

14.1 You and Voggt© will process personal data received under and/or in connection with these Terms, each as a separate and independent data controller. Under no circumstances will you and Voggt© process personal data under and/or in connection with these Terms as joint controllers or in a controller-to-processor relationship. As separate and independent controllers, you will be individually and separately responsible for complying with your obligations as a controller under applicable data protection laws.

14.2 You must comply with your obligations under applicable data protection laws (including, without limitation, Regulation (EU) 2016/679 (European General Data Protection Regulation "GDPR") and complementary European Union and local data protection laws. This includes, among other things, the obligation to provide appropriate safeguards for the transfer of personal data to a third country or international organisation.

14.3 You must process personal data received from Voggt© exclusively for the purpose(s) for which you received it under and/or in connection with these Terms. You must delete the personal data received under these Terms immediately after the respective purpose(s) has/have been fulfilled. Any further processing of personal data is not permitted, unless required by law (e.g. if a retention obligation applies).

14.4 Failure to comply with the above obligations may result in disciplinary action up to and including suspension of your account.

 

15. Access to Personal Information

15.1 For information regarding Voggt©' processing of personal data about you as an individual, including sharing such data with third parties and your rights as a data subject, please see our Privacy Policy. 

 

16. Other important terms

16.1 Nothing in these Terms is intended to create, or be taken to create, any partnership between you and Voggt©. 

16. If any section of these Terms is held to be illegal, the rest will continue to apply. Even if you or we delay in enforcing any of these Terms, the section can still be enforced later.

16.3 Nobody else has any rights under these Terms – these are between you and Voggt©. 

16.4 These Terms, their subject matter and formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales, unless you are a Buyer who lives in Scotland or Northern Ireland, in which case you can bring a claim in the courts of where you live. 

Appendix 1 – GTC

  1. References to 'you' are to Buyers, and references to 'we' or 'ours' are to Individual or Professional Sellers (as applicable). These terms form the contract between Buyers and Sellers in respect of Items purchased via the Platform, subject to any additional  terms agreed between  the Buyer from the Seller. If you are a Buyer based in the UK, these terms will apply. 

  2. You can find out everything you need to know about us on our profile.  

  3. We will contact you to confirm we have accepted your order. If we are unable to accept an order, we will let you know as soon as possible. 

  4. We will deliver your Item in accordance with the information communicated to you as part of the sales process. 

  5. If the supply of your Item is delayed by an event outside of our control, we will contact you as soon as possible to let you know and do what we can to reduce the delay. 

  6. An Item's true colour may not exactly match that shown on the Item Listing or the live stream, or its packaging might be slightly different. 

  7. If you have purchased your Item from a Professional Seller: 

  • You have a legal right to change your mind about your purchase, whether this is new or second hand, and receive a refund of what you paid for it (including any standard delivery costs), however this is subject to some conditions, as set out below.

  • If you change your mind about an Item, you must let us know no later than 14 days after the day we deliver the Item(s) to you. Returns are at your own cost, and must be returned to the address available on the Item Listing. 

  • We can reduce your refund if you have used or damaged an Item. In some cases, because of the way you have treated an Item (for example, where the Item has been unsealed or removed from its protective packaging), no refund may be due. 

  • We will refund you within 14 days of receiving the returned Items from you. 

  1. We honour our legal duty to provide you with Items that are as described on the Platform and that meet all the requirements imposed by law – for example, that these will correspond to their description, be of satisfactory quality, and be fit for purpose. 

  2. We can end our contract with you for any Item(s) if you don't make payment to us when it's due. 

  3. Nobody else has any rights under this contract – this contract is between you and us. 

  4. This contract is governed by English law and you can bring claims against us in the English courts. If you are resident in Scotland or Northern Ireland, you can bring claims in the courts where you live. 

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