User agreement
IMPORTANT INFORMATION: These Terms of Use (the “Terms” or this “Agreement”) constitute a binding agreement between us, Vintage Granny Ltd., company no. 516397148,(“Vintage Granny”, “we”, “us” or “our”) with registered place of business at Rabi Tankhum Street 2, Tel Aviv, Israel and you, and govern your access to and use of the Vintage Granny Platform (as defined below). Please read this Agreement and our Privacy Policy carefully before using our Platform.
We reserve the right, at our discretion, to modify these Terms from time to time, which modification will be effective 7 days following the posting of the modification to our Platform, and will apply to causes of action arising after the effective date of the change. You should continue to check the Platform for changes. Your continued use of our Platform following the posting of changes to these Terms will mean that you accept those changes.
Definitions:
“Account” means your account with the Platform.
“Buyer” means any end user who purchases items from Sellers via the Platform.
“Platform” is Vintage Granny’s proprietary online platform that allows Buyers to purchase vintage items from third party sellers.
“Site” means the Vintage Granny website, accessible at www.vintagegranny.com.
“Seller” means a third-party provider of vintage items listing such items for sale on the Platform.
1. The Platform
Vintage Granny provides an online platform that enables Sellers of vintage items to offer their items for sale to potential Buyers. You can find out more information about the Platform and its features here: www.vintagegranny.com
If you agree on the terms of a transaction with another Buyer or Seller, you enter into a purchase agreement directly with such Buyer or Seller. Any additional terms of such agreement (if any) may not contradict these Terms and may not increase Vintage Granny’s obligations or restrict Vintage Granny’s rights under these Terms, including Vintage Granny’s rights to collect Seller Fees. You agree that Vintage Granny is not a party to any agreement between Buyers and Sellers.
Vintage Granny is not responsible for the performance of any purchase agreement, nor does it have control over the timing, legality, failure to provide, or any other aspect whatsoever of performance of the other party, nor of the integrity, responsibility, or any of the actions or omissions whatsoever of any user, nor does it make any representations relating to the existence, quality, safety, genuineness or legality of sold items or any content made available by Sellers.
Your Account
In order to sign up as a Buyer or Seller to the Platform, you need to create an Account.
- You must be 16 or older to create an Account on the Platform.
- If you are using the Platform on behalf of a legal entity, you represent that you are authorized to enter into an agreement on behalf of that legal entity, and are nevertheless individually bound by these Terms even if Vintage Granny has a separate agreement with such entity.
- If you wish to use your Account both as a Buyer and a Seller, please contact us at info@vintagegranny.com.
- When registering on our Platform, please provide accurate information about yourself. You may not use false information or impersonate another person or company through your account. You may not transfer your Account to anyone else. It is your sole responsibility to ensure that the contact and licensure information in your Account is current and accurate. Changes to your contact information can be made through the Platform.
- You’ll be asked to choose a username for your profile. Do not choose a username that is offensive, vulgar, or infringes someone’s intellectual property rights.
- You may connect to our Platform with third-party services approved by us (e.g., Facebook or Twitter) and if so, you give us permission to access and use your information from that service as permitted by that service, and to store your log-in information for that service as set out in our Privacy Policy.
- You are solely responsible for any activity on your Account, so it is important to keep your Account password secure. If you are sharing an Account with other people, then the person whose billing information is on the Account will ultimately be responsible for all activity, whether or not authorized or made by that person. You shall not let anyone else access your Account or do anything else that might jeopardize the security of your Account. In the event you become aware of or reasonably suspect any breach of security, including, without limitation any loss, theft, or an unauthorized access to your Account, you must immediately notify us on such breach by sending an e-mail to info@vintagegranny.com. We will not be liable for your losses caused by any unauthorized use of your Account.
- As stated above, Vintage Granny makes available the Platform, including related technology, for Buyers and Sellers to transact online, write reviews, search, and sell and purchase goods. Unless Vintage Granny is specifically listed as the seller of a particular item, Vintage Granny does not sell the items and does not own, sell, resell, furnish, provide, manage and/or control the items. Our responsibilities are limited to: (i) facilitating the availability of the Platform and (ii) accepting payments from Buyers on behalf of the Seller. If Vintage Granny sells an item directly, these Terms will (in respect of such sale) apply to us as Sellers and the purchase agreement will be between us and the Buyer.
2. Your Use of the Platform
a. Ownership
The Platform as well as the content on the Platform, including without limitation, text, descriptions, products, software, graphics, all page headers, button icons, scripts, photos, interactive features, services, and all associated intellectual property rights, and any other content on the Platform (“Content“) and the trademarks, service marks and logos contained therein (“Marks“), are owned by or licensed to us.
Content in the Platform is provided to you “AS IS” for your information and personal use only and may not be used, copied, distributed, transmitted, broadcast, displayed, sold, licensed, de-compiled, or otherwise exploited for any other purposes whatsoever without our prior written consent. We reserve all rights not expressly granted in and to the Platform. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Platform or Content. You agree not to circumvent, disable or otherwise interfere with security-related features of the Platform or features that prevent or restrict use or copying of any Content or that enforce limitations on use of the Platform.
“Vintage Granny”, the Vintage Granny logo, and other Marks are trademarks of Vintage Granny or our affiliate’s Marks. All other trademarks, service marks, and logos used on our Platform are the trademarks, service marks, or logos of their respective owners.
This section shall survive any termination of these Terms.
b. Unauthorized use
You agree NOT to, and must not help or induce others to break or circumvent the following:
- Defame, stalk, bully, abuse, threaten, harass, abuse, intimidate, harm another person or engage in any other predatory behavior, including sending unwelcomed communications to others or engage in any other predatory behavior, or incite others to commit violent acts;
- be disrespectful when you communicate or interact with others;
- use other Users’ personal information except as necessary to facilitate a transaction using the Platform as authorized by these Terms;
- use the Platform, any messaging, or Users’ personal information to send commercial messages without the recipient’s express consent;
- lie, misrepresent something or someone, use or attempt to use another’s account or pretend to be someone else;
- use Content unless you have permission from the Content owner or the use is authorized by us in these Terms or another agreement you have with us;
- request, make, or accept a sale or any payment outside of the Platform to avoid paying fees, taxes or for any other reason;
- require or encourage Buyers or Sellers to open an account, leave a review, complete a survey, or otherwise interact, with a third party website, application or service before, during or after a reservation, unless authorized by the Platform;
- share other users’ or third party’s information without their express consent;
- utilize or copy information, content or any data you view on or obtain from the Platform to provide any service that is competitive, in our sole discretion, with the Platform;
- reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying intellectual property used to provide the Platform, or any part thereof;
- attack our Platform or website via a denial-of-service attack or a distributed denial-of service attack;
- access the Platform or the server on which our Platform is stored without authorization, via automated or manual means or processes;
- use or launch any manual or automated system or software, devices, scripts robots, other means or processes to access, “scrape,” “crawl”, “cache”, “spider” or any web page or other service contained in our Platform, or to access the Platform in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser;
- use bots or other automated methods to access the Platform, add or download contacts, send or redirect messages, or perform other similar activities through the Platform;
- engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Platform;
- attempt to or actually override any security component included in or underlying the Platform; or
- interfere or disrupt the Platform, including, but not limited to any servers or networks connected to the Platform, or the underlying software.
c. Your Content
Content that you post using our Platform is your content: store names, listing photos, listing descriptions, reviews, comments, videos, usernames, etc. are all referred to as “Your Content”.
- Responsibility for Your Content. You understand that you are solely responsible for Your Content. You represent that you have all necessary rights to Your Content and that you’re not infringing or violating any third party’s rights by posting it.
- Rights You Grant Vintage Granny. By posting Your Content, you grant Vintage Granny a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of Your Content. This allows us to provide the Platform and to promote Vintage Granny, your Vintage Granny store, or the Platform in general, in any formats and through any channels, including any third-party website or advertising medium. You agree not to assert any moral rights or rights of publicity against us for using Your Content. You also recognize our legitimate interest in using it, in accordance with the scope of this license, to the extent Your Content contains any personal information. For example, we may use a photo of a listing on your store to display it to Buyers or to feature it on our homepage or on our social media.
- Reporting Unauthorized Content.Vintage Granny has great respect for intellectual property rights, and is committed to following appropriate legal procedures to remove infringing content from the Platform. If content that you own or have rights to has been posted to the Platform without your permission and you want it removed, please contact us under info@vintagegranny.com. If Your Content is alleged to infringe another person’s intellectual property, we will take appropriate action, such as disabling it if we receive proper notice or terminating your account if you are found to be a repeat infringer. We’ll notify you if any of that happens.
- Inappropriate, False, or Misleading Content.This should be common sense, but there are certain types of content we don’t want posted on the Vintage Granny Platform (for legal reasons or otherwise). You agree that you will not post any content that is abusive, threatening, defamatory, obscene, vulgar, or otherwise offensive, or any part of our Terms. You also agree not to post any content that is false and misleading or uses the Platform in a manner that is fraudulent or deceptive.
- Prohibited Items. We do not allow certain illegal or offensive items listed on our Site. The full list of these prohibited items can be found in the Seller FAQs.
3. If you are a Buyer: Purchases over the Platform
We process payments through PayPal. PayPal is a third-party service provided by PayPal Holdings, Inc. and is subject to the PayPal User Agreement. If you are located in Israel, the relevant PayPal User Agreement can be found here; if you are located in the UK, the relevant PayPal User Agreement can be found here; if you are located in the USA, the relevant PayPal User Agreement can be found here, and if you are located elsewhere in the world the relevant PayPal User Agreement for such country or region will apply to your relationship with PayPal. The listing for an item specifies the final purchase price. If a requested purchase is declined (i.e. not confirmed by the applicable Seller), Vintage Granny may cancel the purchase and issue a refund of the full purchase price to the Buyer.
The Buyer may cancel a purchase on the Platform only by contacting the Seller or info@vintagegranny.com.
4. If you are a Buyer: Import regulations and duty
If you order goods from our Platform and are not located in the same country as the Seller, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
5. If you are a Buyer: Returns and Refunds
Vintage Granny is a marketplace, so all questions regarding returns and refunds should be arranged between you and the Seller.
- Private sellers are not required by law to offer refunds, so before buying an item it’s important to check the Seller’s return policy.
- Contact the Seller first to explain the situation and ask them for a refund.
- If you agree on a return, make sure you ship your item using only a traceable method.
- If the item has arrived and it’s not as described you can open a dispute with PayPal. For more info click
- If the seller did not send your item, there are steps you can follow to claim a refund. As payment is made via PayPal, you can easily open a dispute directly with PayPal by following the steps here.
6. If you are a Seller: Uploading and Selling a Listing
- Sellers may upload listings for approval on their Account. In order to be approved by us, a listing has to comply with our Listing Standards.
- We may accept or reject listings at our sole discretion.
- If you are a professional Seller you must include a return policy on your store page that complies with the requirements of your home jurisdiction.
- Any item sold via the Platform has to be shipped using a traceable shipping method.
7. If you are a Seller: Seller Fees and VAT
As a Seller you agree to pay all applicable fees in connection with the use of the Platform in accordance with the commission policy provided in the Seller FAQs, which are part of our Terms and hereby incorporated by reference. The Seller shall also bear the applicable PayPal fee, an overview of which can be found here.
The Seller is responsible to remit any VAT payable on the purchase price to the applicable tax authority. Subject to applicable law, Vintage Granny does not collect any VAT on behalf of the Seller.
8. If you are a Seller: Refunds and Returns
Vintage Granny is a marketplace, so all questions regarding returns and refunds should be arranged between you and the Buyer.
If a purchase is cancelled for any reason, or if a Buyer returns an item to you in accordance with your return policy (if applicable), you are responsible to issue a refund of the full purchase price via PayPal.
9. Reviews
After the completion of a purchase, the Buyer may submit a review of the Seller. Such reviews demonstrate the Buyer’s overall experience with the Sellers and their service and are an essential part of the Platform.
A review must be accurate and may not contain any discriminatory, offensive, defamatory, or other language in violation of our Terms. Reviews may not be verified by us for accuracy and may be incorrect or misleading.
Leaving a Buyer’s feedback is a basic prerogative of a Buyer. Reviews will not be removed unless there are clear violations of our Terms, however removal or editing of reviews shall be at our sole discretion.
To prevent any misuse of our review system, all reviews must come from legitimate sales executed exclusively through the Platform. Purchases arranged, determined to artificially enhance Seller ratings, or to abuse the Platform with purchases from additional Accounts, will result in a permanent suspension of all related Accounts.
Reviews given by Buyers are publicly displayed on a Seller’s store page.
10. Notices
In connection with your use of the Platform, we may send you service announcements, administrative messages, and other information. As a Buyer you may opt out of some of those communications.
11. Third Parties’ Links, Websites, and Services
The Platform may contain links to third party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by us. We are not affiliated with those websites, have no control over those websites, and assume no responsibility for the content, privacy policies, or practices of any third-party websites. In addition, we will not and cannot censor or edit the content of any third-party site.
If you access any third party’s website, service, or content from our Platform, you do so at your own risk. By using the Services, you expressly release us (and our owners, employees, agents, affiliates, and/or licensors) from any and all liability arising from your use of any third-party website, information, materials, products, or services. Accordingly, we encourage you to be aware when you have left the Platform and to read the terms and conditions and privacy policy of each other website that you visit.
12. Linking to Our Platform
You may link to our Platform, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
Our Platform must not be framed on any other website, nor may you create a link to any part of our Platform other than the home page.
We reserve the right to withdraw linking permission without notice.
13. Disclosure
We reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to:
- satisfy any applicable law, regulation, legal process, subpoena or governmental request;
- enforce these Terms, including investigation of potential violations of it;
- detect, prevent, or otherwise address fraud, security or technical issues;
- cooperate with law enforcement authorities or prevent child exploitation;
- respond to user support requests; or
- protect our, our users’ or the public’s rights, property or safety.
14. Disclaimer
Vintage Granny expressly disclaims any liability for the actions or inactions of any Buyer or any Seller on the Site. You acknowledge that we are not involved in the actual transaction between Sellers and Buyers and do not guarantee the ability of Sellers to sell the items, the ability of Buyers to pay for the items, or that a transaction would actually be consummated.
We do not endorse or warrant the existence, authenticity, quality, legality or suitability of any listed item. We do not warrant that any verification or approval procedure on our side (if any) will identify items that are not in accordance with our quality requirements.
In the event of a dispute with the other party, i.e. the Buyer or Seller, you release Vintage Granny and its affiliates (and their respective officers, directors, agents, investors, subsidiaries, and employees) from any and all claims, demands, or damages (actual or consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
WE SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
WE DO NOT GUARANTEE THAT THE PLATFORM WILL BE FREE OF BUGS, SECURITY BREACHES, VIRUS ATTACKS AND THE LIKE, OR THAT IT WILL ALWAYS BE AVAILABLE. IN ADDITION, YOU AGREE THAT WE WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES TO USERS THAT MAY RESULT FROM TECHNICAL PROBLEMS OF THE INTERNET, SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS, ETC.
EXCEPT AS EXPRESSLY STATED IN OUR PRIVACY POLICY, WE DO NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SECURITY OF ANY INFORMATION YOU MAY PROVIDE OR ACTIVITIES YOU ENGAGE IN DURING THE COURSE OF YOUR USE OF THE PLATFORM.
15. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR ANY LOSS OF MONEY, PROFIT, BUSINESS, REVENUE, GOODWILL, REPUTATION, DATA, INTANGIBLE LOSSES, SPECIAL, INDIRECT, DIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, THAT RESULT FROM (I) THE USE OF, OR THE INABILITY TO USE, THE PLATFORM; (II) ANY CONDUCT OF ANY THIRD PARTY ON THE PLATFORM; OR (III) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS; EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES.
IN ANY EVENT AND WITHOUT LIMITING THE GENERALITY OF THIS SECTION TO THE EXTENT PERMITTED BY LAW YOU AGREE THAT OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES AND LOSSES SHALL NOT IN ANY CIRCUMSTANCES EXCEED THE COMMISSION FEE VINTAGE GRANNY HAS RECEIVED FOR THE PURCHASE ASSOCIATED WITH SUCH DAMAGES AND LOSSES.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
16. Assignment
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction or notification to you.
17. Indemnity
You agree to defend, indemnify and hold harmless us, our affiliates, and our and their respective owners, officers, directors, employees, agents, and/or licensors, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney’s fees) arising from: (i) your use of the Platform and our services; (ii) your violation of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, publicity or privacy right.
This defense, hold harmless and indemnification obligation will survive any termination of these Terms and your use of the Platform.
18. Termination
Termination By You. You may terminate your Account with Vintage Granny at any time through your account settings. Terminating your Account will not affect the availability of some of Your Content that you posted to the Platform prior to termination.
Termination By Vintage Granny. We may terminate or suspend your Account (and any accounts Vintage Granny determines are related to your Account) and your access to the Platform should we have reason to believe you, Your Content, or your use of the Platform violate our Terms. If we do so, you don’t have a contractual or legal right to continue to use our Platform. Generally, Vintage Granny will notify you that your Account has been terminated or suspended, unless you’ve repeatedly violated our Terms or we have legal or regulatory reasons preventing us from notifying you.
If you or Vintage Granny terminate your Account, you may lose any information associated with your account, including Your Content.
We May Discontinue the Platform. Vintage Granny reserves the right to change, suspend, or discontinue any feature of the Platform at any time, for any reason. We will not be liable to you for the effect that any changes to the Platform may have on you, including your income or your ability to generate revenue through the Platform.
Survival. The Terms will remain in effect even after your access to the Platform is terminated, or your use of the Platform ends.
19. Disputes with Us
Informal Negotiations. To expedite resolution and reduce the cost of any dispute, controversy or claim related to these Terms (“Dispute“), you and Vintage Granny agree to first attempt to negotiate any Dispute informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations will commence upon written notice. Your address for such notices is your most current billing address, with an email copy to the most recent email address you have provided to Vintage Granny. Vintage Granny’s address for such notices is info@vintagegranny.com.
20. Governing Law
These Terms shall be governed and construed by the laws of the State of Israel, without respect to its conflict of laws principles. The courts of Tel Aviv-Jaffa, Israel, shall have exclusive jurisdiction for any dispute arising out of or in connection with these Terms.
21. Other Important Terms
These Terms, together with the Privacy Policy, and any other legal notices published by us on the Platform, shall constitute the entire agreement between us concerning the Platform. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and a party’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. YOU AND WE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE PLATFORM MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.