Our platform | Vinted (2024)

GENERAL INFORMATION AND GOOD PRACTICES

WHAT IS VINTED?

Vinted is an online intermediary hosting service that enables members to exchange, sell, and purchase items on its platform (the “Site”).

Vinted facilitates these transactions and allows members to communicate via private messages or by posting messages on the forum. Vinted also offers additional, payable services to secure these transactions and protection of buyers (the “Buyer Protection Services”) or to improve the visibility of the items that they list (such as the “item bump” or “Closet Spotlight”).

Vinted does not sell, buy, or exchange items and is not a party to any transactions between the member.

WHO CAN BECOME A USER OR VISITOR OF VINTED?

A visitor is any person using the Site without being registered, in accordance with Vinted’s Terms and Conditions.

Users are either:

- individuals who have created an account on Vinted, accepted Vinted’s Terms and Conditions and act as consumers when listing items and making transactions on Vinted (the “Users”); or

- France-based sole traders, nonprofit organizations (associations or foundations) that have accepted Vinted’s Terms and Conditions, the Pro Sellers’ Terms of Use and Pro Sellers’ Terms of Sale and list items on Vinted as part of their professional activity (the “Pro Users” or “Pro Sellers”). Pro Users and Pro Sellers have specific status, rights, and obligations, which are described in the Pro Sellers’ Terms of Use, Pro Sellers’ Terms of Sale and, Pro Sellers’ Guide. In particular, they have specific social and tax obligations. Pro Sellers are identified on the Site by a “Pro” icon displayed next to their name; however, the icon is not visible in the feed, only on the Item page and in the profile.

Only registered Users or Pro Users can list items and enter into transactions on the Site.

HOW TO REGISTER ON VINTED?

All members can register on Vinted if they comply with the Catalog rules.

In addition, individual Users must be of legal age or be supervised by a parent/guardian when using the Site.

Pro Users can only register if they meet the eligibility criteria described below:

- you are a sole trader or nonprofit organization (association within the meaning of the French Law of the 1st July 1901 or foundation), duly registered in France;

- you use Vinted’s services in the context of your professional activity (i.e. act in a professional capacity when listing/selling items or using any other Vinted services); and

- you comply with the Catalog Rules and offer second-hand items, as well as respect limitations that are imposed on you and the Item you sell (please see more in “WHAT KIND OF ITEMS CAN BE SOLD ON VINTED”).

For further details on the eligibility criteria, please refer to our Vinted’s Terms and Conditions, Pro Sellers’ Terms of Use and Pro Sellers’ Guide.

For explanations on how to register as a User or Pro User, please visit our Help Center.

If a seller presents themself as a consumer or as a nonprofessional whereas they are in fact a Pro Seller or should register as such because they meet the eligibility criteria, said seller faces sanctions provided in respective laws related to misleading business practices (for more information, please read section “SANCTIONS FOR MISLEADING BUSINESS PRACTICES” described below).

HOW TO SELL ITEMS ON VINTED?

Submitting items on Vinted is free of charge.

To do so, sellers must complete a questionnaire and describe the item as accurately as possible, indicate any possible faults, and state the price of the item. The listed item must also be photographed. At least one good-quality photograph must be uploaded. Photographs must reflect the actual quality and external appearance of the item, as well as the presence of any faults.

The number of items listed in the Catalog is unlimited, but the same item cannot be listed more than once, and Users or Pro Users cannot mark the number of the same items they have.

WHAT KIND OF ITEMS CAN BE SOLD ON VINTED?

The seller must be the owner of the items and have the right to sell, exchange, or donate them.

Vinted seeks to ensure that the Site is a friendly and safe place. When they upload their items, Users and Pro Users must comply with Vinted’s Terms and Conditions, Pro Sellers’ Terms of Use (if the items are sold by a Pro Seller), applicable regulations and our policies including the Catalog rules.

This means, in particular, that:

Users and Pro Users can sell second-hand items falling in any of the below categories:

- women’s, men’s and children’s clothing, footwear and accessories;

- children’s toys, furniture and childcare equipment;

- cosmetics, beauty products and beauty gadgets (except Pro Users);

- tech accessories, such as headphones, smart watches, phone cases and similar items;

- housewares, such as textiles, tableware, and home accessories; or

- books.

Users and Pro Users cannot list items that:

- are prohibited or restricted by law (such as counterfeits, samples or promotional items, medication, or food and drinks);

- do not comply with hygiene standards or pose a risk to one’s health (such as worn underwear and all cosmetics that have already been used or that are not in their original sealed packaging);

- are either not clothing, do not relate to fashion, beauty, accessories, children, or are contrary to Vinted’s values (such as animal fur and its products, electronic and high-tech products, such as mobile phones, computers, and cameras, and sports equipment for adults, such as bikes, skis, snowboards, and tickets for events); or

- purchased in bulk or typically sold as low-value drop shipping items.

In addition, Pro Users are prohibited to:

- sell cosmetic Items (including beauty tools/gadgets);

- provide service of renting Items;

- sell items with a note such as "can be ordered”, “sold”, “currently out of stock”, “check back later”, etc.

- sell a large number of brand new items, including items with tags (second-hand items that are in a “new” condition may be sold on Vinted provided that they are unique pieces sold by the Pro seller).

The above lists are not exhaustive. Please refer to Vinted’s Terms and Conditions, Pro Sellers’ Terms of Use (if the items are sold by a Pro Seller) and the Catalog rules for more information.

HOW ARE ITEMS RANKED ON VINTED?

By default, listings presented on Vinted’s landing page or in the search results are sorted by “relevance” taking into consideration the following criteria, listed below in order of importance:

- the buyer’s account preferences and profile information (such as gender, age, clothing size, country) and other customizable preferences;

- the preferences indicated by the buyer about the categories, e.g. women, kids and footwear (personalization) and sizes of Items they are looking for, and preferred brands, as well as the color, condition, price, and size of the items they previously purchased;

- the date on which the item was uploaded;

- whether the Item is offered for sale by an individual User or a Pro User (as the Site is primarily a platform for nonprofessional Users, items offered for sale by regular Users will have more visibility on the feed even if they are of equal relevance to items sold by Pro sellers). However, there is no option to choose to see items listed only by individual Users or Pro Users.

Users can also choose for the listings to be sorted by price or by date. If Buyers choose for listings to be sorted by price and date, the preferences they indicated in their account will still be taken into consideration to classify listings.

Members and Pro Members can improve the visibility of their items by opting for the following paid automated services, which also affect how items are sorted in the feed:

- Bumping Listed Items

Specific items selected by the seller can get better visibility on the feed or on the result pages of specific search queries (image below).More information about bumping listed items is available here.

- Closet Spotlight

CAN VINTED DEACTIVATE A LISTING OR AN ACCOUNT?

Vinted may take actions against Members or Pro Members if they:

- infringe or breach their obligations arising from Vinted’s Terms and Conditions, Pro Seller’s Terms of Use, Pro Sellers’ Terms of Sale, the Privacy Policy or other rules of Vinted;

- provide incorrect, misleading, and/or incomplete information according to Vinted’s Terms and Conditions, Pro Sellers’ Terms of Use or the Pro Sellers’ Terms of Sale, at the time of their registration or their use of Vinted;

- deliberately and intentionally disclose incorrect information on Vinted, insult other people, or act in an inappropriate manner;

use the identity of other Members or Pro Members, or otherwise act in an unlawful manner;

- log in from the same IP address or from the same computer as the one that was blocked owing to violations (except Members who were blocked for commercial activity, but now want to register as Pro Members);

- sell prohibited items, engage in drop shipping, or provide item renting services;

- have received at least 1 notice from Vinted to remove items violating Clause 4.1 of Pro Sellers’ Terms of Use and detailed in our Pro Sellers’ Guide (applicable only to Vinted Pro Users).

Vinted may also take measures against:

- Pro Members who initiate transactions outside of the Site with Members or Pro Members of the Site;

- Members who have received at least 1 notice from Vinted to remove commercial items and did not comply with such request or agreed to change their status to Pro Member.

Actions taken by Vinted may be the following:

- removing the listing(s) uploaded by the User;

- suspending the Member’s account; or

- blocking the Member’s or Pro Member’s account: in this case, the Member or Pro Member will no longer have the right to re-register on Vinted or, except individual Users who were blocked because of their commercial activities and afterward express an intent to register as Pro Member; or

- partially blocking the Pro Member’s account: in this case, the Pro Member will not be able to list items or to buy and sell items, to communicate and/or participate in the forum or to follow other members or favorite items.

Listings may be brought to Vinted’s attention by simply clicking on the flag symbol in the right corner of the listing screen and choosing "Report" or by sending a notice to legal@vinted.fr / legal@vinted.it.

BUYER PROTECTION SERVICES

Buyers benefit from Vinted’s Buyer Protection Services when they purchase items on the Site using Vinted’s integrated payment and shipping services as follows:

Except for items sold by Pro Sellers to consumers, buyers and sellers can discuss and agree to finalize the transaction outside of the Vinted platform, without using our integrated payment and shipping services. In this case, the buyer will not benefit from our Buyer Protection Services. Accordingly, the buyer and the seller alone are responsible for: (i) the proper implementation of the transaction and (ii) the organization and consequences of the shipping of the item without the option of using the assistance provided by Vinted in this context. Pro Sellers and consumers are not allowed to agree on a transaction outside of the Vinted integrated payment and shipping services.

Where the buyer and the seller make the transaction on the Vinted platform, using our integrated payment and shipping services, the buyer benefits from our Buyer Protection Services. We provide the services described in the chart below and collect a fee for these additional services, which automatically and compulsorily applies to each transaction made through our integrated payment system.

The total amount of the Buyer Protection Service fee is added to the price of the order. It is shown to buyers on the site or in the app on the item page and before the completion of the order (in the checkout page). This fee consists of:

- a fixed amount of $0.70; and

- 5% of the item price (including the applicable value-added tax ("VAT")).

When the Buyer is a consumer, VAT is included in the Buyer Protection fee, as well as in Buyer Protection Pro fee. If the buyer is Pro Member, VAT is not included and needs to be reported and paid by Pro Member itself. The same applies to other payable Additional Services referred to in the Price List (such as the “Bumping” or the “Closet Spotlight” features, as referred to in the Price List).

To learn more about the prices of services offered by Vinted, please visit the Price list.

The services included in the Buyer Protection Services depend on whether it is the “Buyer Protection” or the “Buyer Protection Pro”, as summarized in the chart below:

For more details and conditions, check out our Refund Policy, Vinted’s Terms and Conditions and the Pro Terms of Sale .

HOW CAN BUYERS PAY FOR ITEMS ON VINTED?

If the buyer benefits from our Buyer Protection Services, their purchase is initiated through our integrated payment service and several payment methods are available: valid credit cards, PayPal, Apple Pay, and the Member’s or Pro Member’s Vinted Wallet. For more details, please visit our Help Center.

In other cases, buyers can: pay the Seller by the payment means agreed with them.

For more information, please refer to our Help Center.

DISPUTES BETWEEN BUYERS AND SELLERS

For buyers that do not benefit fro

SANCTIONS FOR MISLEADING BUSINESS PRACTICES

If a seller presents himself / herself as a consumer or as a non-professional whereas she / he is in fact a Pro Seller or should register as such because they meet the eligibility criteria, said seller faces the following sanctions related to misleading business practices:

- France - imprisonment for up to 2 year and a fine of EUR 300,000 (Article L 132-2 of the French Consumer Code).

In addition, Vinted notifies Users that should register as Pro Sellers and may deactivate their account if they do not do so.

However, at the moment Vinted only allows to register as Pro Sellers France-based sole traders, non-profit organisations (associations or foundations) which sell second-hand items. Therefore if you present yourself as a consumer or as a non-professional whereas you are in fact acting on commercial basis, but you do not meet the eligibility criteria to become Pro Seller on Vinted, you should stop your activities, otherwise you face the following sanctions based on your national laws:

- Belgium - a fine of EUR 80,000 (Article XV. 83 , 13° of the Belgian Code of Economic Law).

- Netherlands - a fine up to EUR 900,000 or 10% of the Seller’s turnover, whichever is higher (Articles 2.15(2) and 8.8 of the Dutch Consumer Protection Enforcement Act and Article 6:193b of the Dutch Civil Code). The Seller may also be held liable for the damages caused and the agreement entered into as a result is voidable (Articles 6:193b and 6:193j of the Dutch Civil Code).

- Spain - a fine up to EUR 601,012 (Articles 49 and following of the Spanish Consumer Protection Act 1/2007).

- Luxembourg - a fine of maximum EUR 120,000 (Article L 122-8 of the Luxembourg Consumer Code).

- Italy - administrative sanction between EUR 5,000 and 5,000,000, provided in Article 27, paragraph 9 of the Italian Consumer Code.

In such cases, Vinted notifies Users that they can be deemed acting on a commercial basis and may deactivate their account if they do not delete commercial listings and/or do not decrease their volumes.

BUYERS’ LEGAL RIGHTS

Right of withdrawal

1) Transactions between Individual Users (consumers) or between Pro Sellers

The applicable legal provisions do not include any obligation to offer a right of withdrawal. Some sellers may nonetheless decide to offer the option to return or exchange an item (for example, by mentioning this in the descriptive section of their listing).

Furthermore, the Buyer Protection allows buyers to obtain reimbursem*nt for their item, subject to certain conditions. It is an additional service offered by Vinted, which does not replace the buyer’s legal rights or any of the below-mentioned legal guarantees, which can be exercised in addition to, and independently from, the Buyer Protection.

2) Items sold by Pro Sellers to Individual Users (consumers)

Individual Users (consumers) have a right of withdrawal of fourteen (14) days, i.e. to return an Item to the Pro seller without any reason.

However, there are cases where the right of withdrawal does not apply because of the nature of the item. The exceptions may vary between countries, please find them below:

The French Consumer Code provides exceptions here.

The Belgian Code of Economic Law provides exceptions here.

The Dutch Consumer Code provides exceptions here.

The Spanish Consumer Protection Act 1/2007 of 16 November 2007 provides exceptions here.

The Luxembourg Consumer Code provides exceptions here under Article L.222-9 (7).

The Italian Consumer Code provides exceptions here.

To learn more on the conditions and procedures for exercising that right, please refer to the Pro Sellers’ Terms of Sale. Vinted can also help buyers who activate the Buyer Protection Pro. However, as already mentioned above, it is an additional service offered by Vinted, which does not replace the buyer’s legal rights or any of the legal guarantees, and which can be exercised in addition to, and independently from the Buyer Protection Pro.

Other rights and obligations

I. FRANCE

The relevant legal provisions are the following :

- The provisions of the French Civil Code concerning the law of obligations are available here,

- The provisions of the French Civil Code with regard to contractual civil responsibility are available here,

- The provisions of the French Consumer Code with regards to information to be provided by Pro Sellers to Individual users (consumers) are available here,

- The provisions of the French Consumer Code with regards to distance agreements entered into between Pro Sellers and Individual Users (consumers) are available here.

Legal guarantees

Items that are sold by Pro Sellers on Vinted are automatically covered by the legal guarantee of conformity (if the buyer is a consumer) and the legal guarantee against hidden defects (whether the buyer is a consumer or a trader), in accordance with the below legal provisions:

Articles L. 217-4 to L. 217-14 of the Consumer Code

Articles 1641 to 1648 of the Civil Code

Pro Sellers are exclusively liable to buyers for the sale of your items, in particular with respect to the legal guarantees. As a mere intermediary, Vinted is not a party to any of the sales agreements and cannot be held liable.

The legal conformity guarantee

This guarantee applies if the item is unfit for the uses commonly expected from such an item, does not match the description given by the Pro Seller or does not possess the specific qualities announced to the buyer or agreed on with them.

In such cases, the buyer can ask the Pro Seller to:

- Repair or replace the item; or

- If this is not possible, either (a) cancel the order and reimburse it or (b) reduce the price while keeping the item.

The buyer has two years after the delivery of the item to invoke this guarantee.

The hidden defects guarantee

For this guarantee to apply:

- the defect must have existed at the time of purchase but be hidden; and

- it must render the item unfit for its intended purpose or diminish its use to the point where the buyer would not have purchased it or would only have purchased it for a lower price had they known about the defect.

The buyer can obtain a full or partial refund, as well as compensation if the item caused any damage. They must contact you within two years of the discovery of the defect. This guarantee can be invoked for up to five years after the purchase.

Optional commercial guarantees

Pro Sellers may add their own commercial guarantees: they can freely define their scope, duration and conditions. They can provide extended warranties for example, or cover risks that are not covered by legal warranties (loss, breakage, etc.). These commercial guarantees, if any, will be described in the Pro Seller’s additional policies.

II. BELGIUM:

The legal provisions that apply to the above-mentioned transactions are the following:

- The provisions of the Belgian Civil Code concerning the law of obligations are available here,

- The provisions of the Belgian Civil Code with regard to contractual civil responsibility are available here,

- The provisions of the Belgian Code of Economic Law with regards to information to be provided by Pro sellers to Individual users (consumers) are available here,

- The provisions of the Belgian Code of Economic Law with regards to distance agreements concluded between Pro Sellers and Individual Users (consumers) are available here.

Legal guarantees

The legal conformity guarantee

This guarantee applies to sales conducted between Individual Users and to sales concluded between Pro Sellers and Individual Users (consumers), however the guarantee is more protective in the latter case.

Pursuant to Article 1604 of the Belgian Civil Code that applies to sales conducted between Individual Users (consumers) and to sales concluded between Pro Sellers and Individual Users (consumers): "The seller must deliver to the buyer a good that is in accordance with the agreement. Delivery is the transfer of the sold item in the power and possession of the buyer.”

Pursuant to Article 1649 of the Belgian Civil Code that only applies to sales concluded between Pro Sellers and Individual Users (consumers), this guarantee allows the buyer to obtain: (i) the repairs or the replacement of the Article, or (ii) when such options are not possible, either a reduction of the purchase price if the buyer retains the Item or a full reimbursem*nt of the purchase price if the buyer returns the Item to the seller. You can consult the legal provisions that apply to sales concluded between Pro Sellers and Individual Users (consumers) here.

The hidden defects guarantee

Sellers who are Individual Users and Pro Sellers are bound by the hidden defects guarantee for the products that they sell through the Vinted platform.

Pursuant to Article 1641 of the Belgian Civil Code, this guarantee in principle allows the buyer to obtain a reduction in the purchase price if the buyer retains the Item, or, if the buyer returns the Item to the seller, to obtain a full reimbursem*nt of the purchase price. The buyer must introduce its demand based on hidden defects in a short delay. You can consult the applicable legal provisions here.

Optional commercial guarantees

Pro Sellers may add their own commercial guarantees: they can freely define their scope, duration and conditions. They can provide extended warranties for example, or cover risks that are not covered by legal warranties (loss, breakage, etc.). These commercial guarantees, if any, will be described in the Pro Seller’s additional policies.

III. NETHERLANDS:

The legal provisions that apply to the above-mentioned transactions are the following:

- The provisions of the Dutch Civil Code concerning contractual obligations are available here,

- The provisions of the Dutch Civil Code with regard to contractual civil responsibility and liability are available here,

- The provisions of the Dutch Consumer Code with regards to information to be provided by Pro Sellers to Individual users (consumers) are available here,

- The provisions of the Dutch Consumer Code with regards to distance agreement concluded between Pro Sellers and Individual Users (consumers) are available here.

Legal guarantees

The legal conformity guarantee

This guarantee only applies to sales concluded between Pro Sellers and Individual Users (consumers). Pursuant to Article 7:17 of the Dutch Civil Code, this guarantee in principle allows the buyer to obtain: (i) the repairs or the replacement of the Item, or (ii) when such options are not possible, either a reduction of the purchase price if the buyer retains the Item or a full reimbursem*nt of the purchase price if the buyer returns the Item to the Pro Seller. You can consult the applicable legal provisions here.

Optional commercial guarantees

Pro Sellers may add their own commercial guarantees: they can freely define their scope, duration and conditions. They can provide extended warranties for example, or cover risks that are not covered by legal warranties (loss, breakage, etc.). These commercial guarantees, if any, will be described in the Pro Seller’s additional policies.

IV. SPAIN:

The legal provisions that apply to the above-mentioned transactions are the following :

- The provisions of the Spanish Civil Code concerning the law of obligations are available here.

- The provisions of the Spanish Civil Code with regard to contractual civil responsibility are available here.

- The provisions of the Spanish Consumer Protection Act 1/2007 of 16 November 2007 with regards to information to be provided by ProSellers to Individual users (consumers) are available here.

- The provisions of the Spanish Consumer Protection Act 1/2007 of 16 November 2007 with regards to distance agreement concluded between Pro Sellers and Individual Users (consumers) are available here.

Legal guarantees

The legal conformity guarantee

This guarantee only applies to sales concluded between Pro Sellers and Individual Users (consumers).

Pursuant to Article 114 and following of the Spanish Consumer Protection Act 1/2007 of 16 November 2007, this guarantee in principle allows the buyer to obtain: (i) the repairs or the replacement of the Item, or (ii) when such options are not possible, either a reduction of the purchase price if the buyer retains the Item or a full reimbursem*nt of the purchase price if the buyer returns the Article to the Pro Seller.

The hidden defects guarantee

Sellers who are Individual Users (consumers) and Pro Sellers are bound by the hidden defects guarantee for the products that they sell through the Vinted platform.

Pursuant to Articles 1484 and following of the Spanish Civil Code, this guarantee in principle allows the buyer to obtain: (i) a reduction in the purchase price if the buyer retains the Item, or, (ii) if the buyer returns the Item to the seller, to obtain a full reimbursem*nt of the purchase price. The statute of limitation of this remedy is of 6 months from the receipt of the Item by the buyer.

Optional commercial guarantees

Pro Sellers may add their own commercial guarantees: they can freely define their scope, duration and conditions. They can provide extended warranties for example, or cover risks that are not covered by legal warranties (loss, breakage, etc.). These commercial guarantees, if any, will be described in the Pro Seller’s additional policies.

V. LUXEMBOURG:

The legal provisions that apply to the above-mentioned transactions are the following :

- The provisions of the Luxembourg Civil Code relating to the law of obligations (Articles 1101 and following);

- The provisions of the Luxembourg Civil Code regarding civil liability (Articles 1142 and following, Article 1382);

- The provisions of the Luxembourg Consumer Code with respect to information to be provided by Pro Sellers to Individual users (consumers) (Articles L.111-1 and following); and

- The provisions of the Luxembourg Consumer Code regards to distance agreement concluded between Pro Sellers and Individual Users (consumers). (Articles L.221-1 and following).

Legal guarantees

The legal conformity guarantee

This guarantee only applies to sales concluded between Pro Sellers and Individual Users (consumers).

Pursuant to Article L. 212-3 of the Luxembourg consumer Code, this guarantee in principle allows the buyer to obtain: (i) the repairs or the replacement of the Item, or (ii) when such options are not possible, either a reduction of the purchase price if the buyer retains the Item or a full reimbursem*nt of the purchase price if the buyer returns the Item to the Pro Seller. You can consult the applicable legal provisions here.

The hidden defects guarantee

Sellers who are Individual Users and Pro Sellers are bound by the hidden defects guarantee for the products that they sell through the Vinted platform.

Pursuant to Article 1641 of the Luxembourg Civil Code, this guarantee in principle allows the buyer to obtain a reduction in the purchase price if the buyer retains the Item, or, if the buyer returns the Item to the seller, to obtain a full reimbursem*nt of the purchase price.

The statute of limitation of this remedy is 1 year from the discovery of the defects by the buyer. You can consult the applicable legal provisions here.

Optional commercial guarantees

Pro Sellers may add their own commercial guarantees: they can freely define their scope, duration and conditions. They can provide extended warranties for example, or cover risks that are not covered by legal warranties (loss, breakage, etc.). These commercial guarantees, if any, will be described in the Pro Seller’s additional policies.

VI. ITALY

The legal provisions that apply to the above-mentioned transactions are the following:

- The provisions of the Italian Civil Code concerning the law of obligations are available here (Articles 1173 and following of the Italian Civil Code),

- The provisions of the Italian Civil Code with regard to contractual civil responsibility are available here (Articles 1218 and following of the Italian Civil Code).

- The provisions of the Italian Civil Code with regards to the statutory guarantee for defective products are available here (Articles 1487 and following of the Italian Civil Code).

- The provisions of the Italian Consumer Code with regards to the statutory guarantee for the lack of conformity are available here (Articles 128 and following of the Italian Consumer Code)

- The provisions of the Italian Consumer Code with regards to the information to be provided by Pro Sellers to Individual users (consumers), including other provisions on distance contracts concluded between Pro Sellers and Individual Users (consumers), are available here (Articles 49 and following of the Italian Consumer Code).

Legal guarantees

The statutory conformity guarantee

a) Transactions between Pro Seller and Individual User (as a Buyer)

Pursuant to Article 130 of the Italian Consumer Code, this guarantee allows the Buyer to obtain (i) the repairs or the replacement of the Item, or (ii) when such options are not possible, either a reduction of the purchase price if the buyer retains the Item or a full reimbursem*nt of the purchase if the Buyer returns the Item to the Seller.

Pursuant to Article 132 of the Italian Consumer Code, the statute of limitation for the aforementioned remedies for new goods is of two 2 years from the delivery of the Item to the Buyer, provided that the latter provides a notice to the seller within 2 months from the discovery of the defects. However, this notification shall not be required if the seller has acknowledged the existence of the lack of conformity, or has concealed it. Proceedings intended to enforce the lack of conformity not fraudulently hidden by the vendor shall in any event expiry after 26 months from delivery of the goods.

Pursuant to Article 134 of the Italian Consumer Code, the above-mentioned statute of limitation cannot be reduced to less than one year for second-hand goods (limited to defects not deriving from normal use of the goods).

Pursuant to Article 134 of the Italian Consumer Code, any contractual term or agreement concluded between the Individual user (consumer) and the Pro Seller, before the lack of conformity is brought to the Pro Seller's attention, which directly or indirectly waives or restricts the rights resulting from the above-mentioned statutory guarantee shall not be binding upon the Individual user (consumer).

You can consult the applicable legal provisions here (Articles 128 and following of the Italian Consumer Code).

b) Transactions between Individual Users and transactions between Pro Sellers

Pursuant to Article 1490 of the Italian Civil Code: “The seller must ensure that the item sold is free from defects that would make it unsuitable for its intended use or would appreciably reduce its value.” Nevertheless, Article 1491 of the Italian Civil Code provides that “The guarantee is not due if at the time of the contract the buyer was aware of the defects of the item; moreover, the guarantee is not due also if the defects were easily identifiable, unless the seller had declared that the item was free of defects”.

This statutory guarantee may allow the buyer to terminate the sales contract or obtain a reduction of the price paid. In addition, the Seller must pay the Buyer damages (including for damages deriving from the defects of the goods), unless the Seller proves that he or she acted without fault.

The statute of limitation of the above mentioned remedies amounts to 1 year from the delivery of the Item, provided that the Buyer provides a notice to the seller within 8 days from the discovery of the defects (unless another term is provided by the law or agreed between the parties). However, in case the Seller has acknowledged the existence of the defects or has kept it secret purposely, such term to provide the notice to the Seller does not apply.

The above-mentioned statutory guarantee does not apply if the Seller and the Buyer agree to exclude or to reduce it, both in terms of duration, notice period and/or remedies (for example, if the seller mentions this in the descriptive section of his/her advertisem*nt). You can consult the applicable legal provisions here (Articles 1487 and following of the Italian Civil Code).

The hidden defects guarantee

Sellers who are Individual Users and Pro Sellers are bound by the hidden defects guarantee for the products that they sell through the Vinted platform.

In the transactions between Pro Sellers and between Individual Users, pursuant to Article 1490 of the Italian Civil Code: any agreement between the seller and the buyer “aimed at excluding or limiting the guarantee shall not be effective if the seller has intentionally hidden the defects of the item to the buyer”. In the transactions between Pro Sellers and Individual User as buyer, pursuant to Article 134 of the Italian Consumer Code any exclusion or limitation to the statutory guarantee (both in relation to visible and hidden defects) agreed between the Pro Seller and the consumer is not binding upon the latter.

Thus, in any transaction, a hidden defect is treated as any other defect. Therefore, in case of hidden defects, the buyer is entitled to the statutory guarantees as mentioned in paragraph (i) a) above (in case of transactions between Pro Sellers and Individual User as buyer) and paragraph (i) b) above (in case of transactions between Pro Sellers or between Individual Users).

In addition, Pro Sellers can also offer other commercial guarantees or after sale services (more information on this on the profiles of the Pro Sellers).

Optional commercial guarantees

Pro Sellers may add their own commercial guarantees: they can freely define their scope, duration and conditions. They can provide extended warranties for example, or cover risks that are not covered by legal warranties (loss, breakage, etc.). These commercial guarantees, if any, will be described in the Pro Seller’s additional policies.