Terms and conditions

These terms govern your use of getnostalgi.com, operated by Nostalgi. By using the site, buying a lot, or listing one, you agree to them. If you do not, do not use the service.

What Nostalgi is

Nostalgi is a marketplace. The items listed here belong to the sellers who list them, and the contract of sale is between you and that seller. We are not the seller. We do not own, hold, inspect, grade, or post the items. We provide the catalogue, take the payment, hold it, and pass it on.

We are responsible for the service working as described here. The seller is responsible for the item being as described, and for sending it.

Who you are buying from

Two kinds of seller list here, and which one you are dealing with changes what you are entitled to:

• Shops sell in the course of a business. Your rights as a consumer apply to those sales in the ordinary way.
• Private sellers are individuals selling their own property. They are not trading, and consumer-protection law written for businesses does not generally apply to what they sell — including any right to cancel a distance purchase, and the statutory quality guarantees that bind a trader.

Every lot on this site states which it is: on the lot itself, in the list of sellers offering the same item, and again on the checkout page before you pay. You are told before you pay, not after. If a lot does not say, treat that as a fault and tell us.

What does not change with the kind of seller: the item must match its description, misdescribing it breaks these terms either way, and the money is held under the same escrow rules whoever is selling. Those are our undertakings, and we give them for every sale here.

Accounts

You need an account to buy or to sell, you must be old enough to enter a contract where you live, and the details you give us must be accurate. You are responsible for what happens under your account and for keeping your password to yourself. Tell us promptly if you think someone else has access to it.

We may suspend or close an account that breaks these terms, that is being used for fraud, or where we are required to.

Listings, and what a seller promises

Whoever lists an item warrants that they own it or are authorised to sell it, that it may lawfully be sold and posted from where they are, and that the description is accurate. Accuracy is the point of this catalogue: region, board revision, print run, completeness, condition and grade are what buyers rely on, and stating them wrongly is a breach of these terms, not a matter of taste.

These may not be listed:

• Counterfeits and unauthorised reproductions, including reproduction cartridges and boards, unless clearly and prominently described as reproductions.
• Items loaded with pirated software, and modification services whose purpose is piracy.
• Stolen goods, and anything the seller may not lawfully sell.
• Items that infringe another party's trade marks or copyright.

We may remove a listing, without notice, that appears to break these rules. We do not pre-vet listings, and removal is not a judgement on the seller.

Prices, fees and tax

Sellers set their own prices. The price shown is the price you pay, plus any delivery charge shown before you confirm. Nostalgi charges the seller a commission of 9% of the item total, deducted when the money is passed on; the buyer pays no fee to us. Payment processing charges are Stripe's and are set out in the seller's agreement with Stripe. The commission is the same whoever is selling.

Every seller is responsible for their own tax, including any sales tax or VAT they are required to charge, and a private seller is responsible for working out whether selling their own property gives rise to any. We do not give tax advice and do not assess it for you. Import duty on a parcel crossing a border is the buyer's, unless the seller says otherwise.

Payment, and how the money is held

Payments are processed by Stripe. When you pay, the money is not sent straight to the seller. It is held, and released only as follows. These rules are the same for a shop and for a private seller.

• The seller marks the lot as sent, and then as delivered.
• Only you, the buyer, can confirm receipt. The seller cannot do it, and neither can we in the ordinary course. Confirming is what starts the clock on payment.
• The money is transferred to the seller 7 days after you confirm. That gap is the window in which to raise a problem.
• If you never confirm and never raise a problem, the money is transferred30 days after the seller marked the lot delivered. Someone who has posted what they sold cannot be left unpaid indefinitely by silence.
• Raising a problem stops both clocks. Nothing is released while a report stands, however long it stands for.

The order of those rules is the point. Confirming is what normally pays a seller, and it is yours alone to give — a seller can say they posted a parcel and that a carrier reported it arrived, but they can never mark it received on your behalf. The 30-day rule is a backstop against silence, not a second route we expect to use, and saying so is why it is long. If something is wrong, report it: that is what it is for, and it is the only thing that stops the money.

Delivery and collection

A lot is either posted to you or collected in person, as offered at checkout. Delivery times are the seller's estimates, not promises by us. Risk in the item passes to you on delivery or collection.

Collection is offered by shops only. A private seller cannot list a lot for collection and must post what they sell, so that a sale between two individuals does not turn into a stranger arriving at a private home.

If something is wrong

Report it on the order itself, which stops the money moving immediately and keeps it stopped until you withdraw the report. Do it before confirming receipt if you can, and in any event before the window above closes. You can also write to us at [CONTACT EMAIL] with the order and what is wrong with it.

A report holds the payment; it does not by itself obtain a refund, which remains a matter between you and the seller. Once money has been released, we can no longer stop it.

Nothing here removes rights you have by law that cannot be excluded. Where you have them, those rights are against the seller, not against us — and which of them you have depends on who sold to you. Buying from a shop is a consumer sale and carries the protections that go with one, including any statutory right to cancel a distance sale. Buying from a private seller does not.

A private sale is not unprotected, and the difference is worth stating plainly. What you keep is this: the item must be as described, and a private seller who misdescribes what they sold has broken both these terms and, in most places, the law on misrepresentation. Your payment is held in escrow exactly as it would be for a shop, and reporting a problem stops it moving. What you lose are the rights that exist because the other side is a business — a change of mind is not, by itself, a reason a private seller must take an item back.

Selling here

Listing anything means, in addition to the above: you accept Stripe's Connected Account Agreement and the identity checks it requires; you keep your listings and stock accurate; you send what you sold, when you said you would; and you handle your own tax. You give us permission to display your seller name, description, location and listing photographs on the site.

If you register as a private seller

You are declaring that you are selling your own property and not trading. That declaration is shown to every buyer who looks at your lots, so it has to be true. What follows from it:

• We publish your town and state, and never your street address. You do not give us one.
• You cannot offer collection. Post what you sell.
• Buyers are told, before they pay, that consumer rights which apply to a business sale do not apply to yours.
• Everything else is the same: the same commission, the same escrow, the same duty to describe an item accurately and send it.

Whether you are trading is a question of fact, not of what you ticked. Someone buying stock to resell, or selling at the volume and regularity of a business, is a trader in law however they registered here. Where it is clear that is what is happening, we may reclassify the account as a shop or close it, and doing so does not make us responsible for sales that were mislabelled while it went unnoticed.

We may withhold a payout, and hold the money, where we have reasonable grounds to suspect fraud, or where an order is in dispute.

Your content

You keep ownership of the descriptions and photographs you upload. You give us a non-exclusive, worldwide licence to host and display them for the purpose of running and promoting the marketplace, which continues for listings that have sold, because the record of a sale outlives the listing. You confirm you have the right to grant that licence.

What we do not promise

The service is provided as it is. We do not warrant that it will be uninterrupted or error-free, and we do not warrant the accuracy of what sellers write about their own items — though we require it to be accurate and will act when it is not. We also do not verify a seller's declaration that they are a business or a private individual beyond the checks Stripe performs; we publish what they told us, and we act when we learn it is wrong.

To the extent the law allows, we are not liable for indirect or consequential loss, or for loss of profit or of collectible value, and our total liability to you for any claim is limited to the amount you paid through Nostalgi for the order the claim concerns. Nothing here limits liability for death or personal injury caused by negligence, for fraud, or for anything else that cannot lawfully be limited.

Ending it

You may stop using the service and close your account at any time. Orders already placed, and money already held, are settled under these terms regardless. We may suspend or end access for a breach of these terms.

Changes

We may change these terms. Material changes will be posted here before they take effect, and the date at the top will change. Orders placed before a change are governed by the terms in force when they were placed.

Law

These terms are governed by [GOVERNING LAW AND VENUE].

Nostalgi, [REGISTERED ADDRESS]. Notices go to [CONTACT EMAIL].