Terms and conditions

1. What Vitrina is

Vitrina is a live-selling platform: independent stores show and sell their items on live shows, and buyers buy them during those shows. For now it operates only in Chile and is in a pilot stage, so its features may change.

2. Who sells and what Vitrina does

The store sells. The contract of sale is made directly between the store and the buyer. Vitrina does not own the items, does not buy or sell them, does not store them and does not act in its own name on the store's behalf.

Vitrina provides a platform service, and in that role it undertakes to:

• Provide the technology to stream, bid, buy and pay.
• Identify the selling store before you buy.
• Connect payments through third-party payment processors.
• Receive complaints about a purchase and review them under section 12.
• Require stores to comply with these terms.

None of this limits your rights under the law, or any liability Vitrina has as an intermediary under Ley 19.496, Chile's consumer protection law.

3. Your account

• You must be 18 or older and able to enter into contracts.
• You sign in with a code we send to your email. Protect access to that email and tell us if someone else uses your account.
• The details you give must be true and up to date, especially your name and shipping address.
• Your account is personal and can't be transferred.

4. How buying works

A store can offer an item in two ways:

• Buy now: you buy at the listed price.
• Auction: the highest bid when time runs out wins (section 5).

Before you confirm we show you the item, the price and the shipping cost and, when the store has them on file, its name and RUT. Your purchase is closed when you confirm or win the auction, and from then on you must pay for it (sections 6 and 7). All prices are in Chilean pesos.

5. Auctions

• What it is. An auction is one way a store offers an item of its own. Vitrina provides the tool and does not act as an auctioneer (martillero).
• Your bid is binding. Once sent it can't be withdrawn or lowered. If you win, you buy the item for your bid, plus shipping.
• How bidding works. The store sets the starting price and the length (15, 30 or 60 seconds). Each bid must beat the last by at least the increment shown on screen. There are no hidden reserve prices.
• Time. A bid in the last 10 seconds extends the auction to 10 seconds after that bid. In a "sudden death" auction time is not extended, and whoever leads at zero wins.
• Fake bids. A store may not bid on its own items, directly or through another account or person, or inflate the price in any other way.
• Cancelling. A store can cancel an auction only before it receives bids.
• Technical failures. The bid our systems record is the one that counts. If a failure affected the result, write to us: Vitrina and the store may cancel the sale and refund what was paid.
• Your rights. What you buy at auction has the same right of withdrawal and the same warranty as any other purchase (sections 10 and 11).

6. Payments

Each store charges through one of these processors: Transbank, Mercado Pago or Fintoc. You type your card details on the processor's page or form, never on Vitrina, and its own terms apply too.

• Pay screen. At some stores you pay after you win or buy, and you have 5 minutes to do so.
• Automatic charges. Other stores require you to enrol a card to bid or buy. By enrolling it, you expressly authorise Vitrina to charge it, without further confirmation, each time you win or buy at those stores. If the bank declines the charge, we retry for 10 minutes and tell you. You can remove the card from your account, except while an order awaits its charge or you are leading an auction at those stores; in those cases you can change it.
• Where the money goes. The item's price belongs to the store. Vitrina doesn't hold that money to pay it out later. Depending on the processor, the store receives it in full and pays Vitrina's commission later, or the processor separates Vitrina's commission at the time of payment (section 16).

7. If a purchase isn't paid

If the payment period ends without a successful charge, the order is cancelled. If the last attempt was declined by your bank, or if you cancel an unpaid order, a strike is recorded on your account. There is no strike when the problem was the processor's or the store's. With 3 strikes you can't bid or buy until Vitrina reviews your case; you can ask for that review at [email protected]. Strikes carry no fine or charge.

8. Shipping and delivery

The store ships the item to your door with Starken, through Envia, as shown when you bought it, and must dispatch it within 5 business days. If you buy several items from the same store in one show, they may go in one parcel and you pay only the difference in shipping, if any. The order is marked delivered when the carrier or you confirm it or, if nobody does, 14 days after dispatch. If you did not receive it, tell us; that mark doesn't take away your right to complain. If the store hasn't dispatched it 5 business days after that deadline, we cancel the sale and refund everything you paid, item and shipping.

9. Tax receipt

Each store with inicio de actividades issues the boleta or factura for its sale, directly or with the tool Vitrina offers it. The payment receipt Vitrina gives you doesn't replace that boleta. A store that declared it isn't required to register for inicio de actividades issues no tax document.

10. Right of withdrawal (derecho a retracto)

You have 10 days from receiving an item to return it without giving a reason, including if you won it at auction. Every store on Vitrina agrees to honour this.

• Exceptions. It doesn't apply to personal-use items that can't be resold once opened, such as underwear or swimwear, or in the other cases the law allows. We tell you clearly before you pay.
• How. Write to [email protected] or use the return option in My purchases, if your order shows it. The item must come back in good condition, in its original packaging.
• Refund. We refund what you paid for the item to the same card, within 45 days. The original shipping isn't refunded: it is the delivery Vitrina already provided with Starken.
• Cost of returning. Return shipping is on you, unless the item is faulty or isn't what was offered.
• If the store says it didn't come back in good condition, Vitrina reviews both sides' photos and decides, without prejudice to your rights (section 12).

11. Warranty

If a new item is faulty, unfit for its use or not what was offered, you have 6 months from receiving it to choose between repair, replacement or a refund, under Ley 19.496. The store is responsible for that warranty, and Vitrina helps you process it. A used or defective item must be disclosed as such before purchase, and the store answers for its description being true.

A person who sells occasionally may not be a "supplier" (proveedor) under that law. Even so, on Vitrina they must honour these terms.

12. Problems with a purchase

• Reporting. From My purchases you can report a problem from dispatch until 48 business hours after delivery (Monday to Friday, public holidays excluded). If it arrived damaged or something is missing, attach photos of the parcel and the item. We resolve your case within 5 business days. After that window, you have the 6-month legal warranty: write to the store or to [email protected]; your legal rights don't expire with that window.
• Review. The store may respond and Vitrina decides whether a full refund, a partial refund or none is due, and gives you its reasons. This review is free and voluntary.
• Refunds. They go back to the card you paid with. If the processor no longer allows that (for example, more than 90 days after a Transbank payment) or doesn't support a partial refund, it is made another way, such as a bank transfer.
• Sernac and the courts. You can complain to Sernac or the competent local police court at any time, even if you used this review.

If you dispute a charge with your bank, Vitrina may restrict your account while the case is reviewed. This doesn't limit your rights with your bank.

13. Who can sell

During the pilot, selling is by invitation only. A store must give its legal name and RUT, and have inicio de actividades or, if it is an individual selling occasionally, sign a declaration that it isn't required to. Vitrina may verify these details with the Chilean tax authority (SII) and must report those who made that declaration, and their transactions, to it each year. The store also signs a declaration for each category it sells in, which Vitrina must approve.

14. What a store must do

• Sell only items it owns or has the right to sell, in the condition and at the price it states.
• Describe them truthfully, including whether they are used or defective.
• Have the stock and dispatch on time.
• Issue its tax documents and meet its legal, health and consumer obligations.
• Accept withdrawal returns and honour the warranty, imposing no conditions contrary to these terms.
• Use the buyer's details only for that sale and its dispatch.
• Complete on Vitrina the sales started on a show. It may not take buyers elsewhere to pay.

The store is independent of Vitrina: there is no partnership, agency, representation or employment between them. If a claim against Vitrina arises from a store's breach, the store must reimburse what Vitrina had to pay.

15. Prohibited items

On Vitrina, stores sell in approved categories: trading cards and vinyl. You may not sell:

• Illegal or stolen items, or items of unlawful origin.
• Counterfeits, replicas, pirated copies and unauthorised recordings, including proxy cards, resealed packs, bootleg vinyl and brand "dupes".
• Cosmetics without Instituto de Salud Publica registration where the law requires it, expired, decanted or unsealed.
• Used underwear or swimwear.

Vitrina doesn't verify the authenticity of each item, but it may remove an item or pause a category that breaks these rules.

16. Commission and other store charges

For each paid sale the store pays a commission, which is the price of the platform service. Buyers pay Vitrina no commission.

• Amount. 8% + IVA on the price of each item sold and paid. Shipping isn't included.
• Initial period. 0% for 60 days from the first show, or from 30 days after the store's approval if that comes first, capped at $3,000,000 in sales. Vitrina may agree other conditions with a store in writing.
• Collection. With Transbank, once a day to the card the store enrols, for what accrued up to the day before; a balance under $1,000 may wait up to 30 days. With Mercado Pago and Fintoc, the processor separates it from each payment.
• Processor. The payment processor's fee is the store's and is charged separately.
• Refunds. If a sale is refunded, Vitrina returns the proportional part of its commission as the processor allows. The store bears the charges the processor doesn't return or charges for the refund.
• Chargebacks. If a chargeback is resolved as the store's fault, the store pays the processor's fee.
• Automatic boletas. If a store turns them on, it pays 0.5 UF + IVA a month, at the value on the charge day. If payment is still declined after 3 days, the service ends.
• If a charge fails. We retry 1, 3 and 7 days later and tell the store by email. If it stays unpaid, the store can't start new shows until it pays. A show under way isn't interrupted.
• Shipping charges. If Starken bills a surcharge or another shipping charge that is the store's, we email you the details. You have 7 days to pay it or dispute it. After that we deduct it from your next sales, and if it is still unpaid 30 days after the notice you can't start new shows. Vitrina covers charges under $1.000.
• Documents. Vitrina issues the store a factura or boleta for what it charges.
• Changes. We give at least 30 days' email notice of any price change. It applies only to later sales.

17. Content and shows

Each user keeps ownership of what they upload: photos, descriptions, video and messages. To run the service and promote the store and its items on and off Vitrina, you give us a free, non-exclusive licence for as long as the content is published, plus what is needed to close sales and answer complaints. You declare you hold the rights to that content, and the store that it has permission from those who appear on its show.

Shows are public to those who join them. Everyone watching sees usernames and chat messages. What is recorded and for how long is in the privacy policy. Don't record or reuse someone else's show without their permission.

If you believe content infringes your rights, write to [email protected] saying which content and why. We may remove it and, if the infringement repeats, close the account.

18. Acceptable use

• Do not engage in automated use (bots, scraping or bulk queries) or try to get around usage limits.
• Don't bid with no intention of paying, or use several accounts to get around a restriction.
• Don't harass, insult or discriminate, or post illegal, sexual or violent content.
• Do not use Vitrina for illegal activity or to harm the service or other people.

Stores may hide messages and mute or ban those who break these rules on their shows.

19. Suspension and termination

We may remove content, pause a category, end a show, or restrict or close an account if it breaks these terms or the law, there are signs of fraud, or an authority requires it. We tell you why, unless the law prevents it or notice would let the fraud continue, and you can ask for a review at [email protected]. This doesn't affect purchases already made or your rights over them.

You can delete your account from your account page, except while you have a charge under way, are leading an auction with automatic charges, your store has charges outstanding, you have tax documents in progress, or your store has sales not yet delivered, delivered less than 10 days ago, or with a case or return still open.

20. Liability

Vitrina answers for the service it provides, as the law establishes. We take reasonable care to keep it available, but it may have failures or interruptions. The store answers for its items and its sale. These terms don't exclude or limit consumers' non-waivable rights.

Towards a store not acting as a consumer, and except for wilful misconduct or gross negligence, Vitrina's liability doesn't exceed the commissions that store paid in the 12 months before the event, and excludes loss of profit.

21. Privacy

What data we keep, why and who we share it with is in the privacy policy.

22. Changes to these terms

We may change these terms for a justified reason, such as a change in the law or the service. We email you at least 30 days before, and to keep using Vitrina we will ask you to accept them. Your silence doesn't mean you accept. Changes don't apply to purchases already made. If you don't accept them, you can close your account at no cost.

23. Governing law and courts

These terms are governed by the laws of Chile. If you are a consumer, you may go to the local police court of your own domicile or that of Vitrina or the store, under Ley 19.496. Disputes between Vitrina and a store not acting as a consumer go to the ordinary courts of Santiago. If a clause is declared void, the others remain in force.

24. Contact

We handle questions and complaints at [email protected]. About your personal data, write to [email protected].