Legal notices & General conditions

These general conditions of the Campsider site (hereinafter referred to as the “General Conditions”) govern the relationship between:

 

The user (as defined in Article 1 below)

Firstly

 

And

 

The society CAMPSIDER, Simplified Joint Stock Company with share capital of 19,275.00 EUROS, registered in the LYON Trade and Companies Register under number 890 560 238, whose head office is located at 132E Chemin de Montray, 69110 Sainte-Foy-Lès- Lyon, France.

 

On the other hand

 

Hereinafter collectively referred to as the “Parties” and individually a “Party”

 

This section presents the legal notices of the company CAMPSIDER, informs users of their rights and obligations and describes the site charter concerning personal data and cookies.

 

IT WAS PREVIOUSLY EXPOSED THAT:

 

(1) CAMPSIDER's activity is the development and operation of the Campsider website accessible at the URL addresses: http://www.campsider.fr/ And http://www.campsider.com/ (hereinafter the “Site”).

 

(2) The Site is an online marketplace that connects Sellers and Buyers (as defined in Article 1 below) for the sale of new and second-hand sporting and leisure items. (as defined in Article 1 below).

 

(3) CAMPSIDER acts as a trusted third party and facilitates meetings between Buyers and Sellers.

 

(4) In this capacity, it is specified that CAMPSIDER, which is neither Seller nor Buyer, exercises no control over sales made by Users (as defined in article 1 below) on the Site and cannot be held responsible in this regard, in any capacity whatsoever.

 

(5) Only Sellers are responsible for the Advertisements offered on the Site and the information they contain, for the sale of Items through the Site and for handling any complaints from Buyers; only the latter are responsible for their purchases made through the Site as well as for all of their actions carried out on it or through it.

 

ARTICLE 1 - DEFINITIONS

 

The Parties agree and accept that the following terms used with a capital letter, in the singular and/or plural, have in the context of these General Conditions, the meaning given to them below:

 

1.1 “Buyer” means any User, professional or not, who purchases one or more Item(s) on the Site.

1.2 “Advertisement” means any offer to sell one or more Item(s) issued by any Seller on the Site.

1.3 “Item” means any sports and/or leisure product offered for sale by any Seller on the Site.

1.4 “Shop” means all the Items offered for sale on the Site by the same Seller.

1.5 “Ranking” means the relative priority given to certain Advertisements compared to others in relation to their presentation, organization or communication on the Site.

1.6 “Order”: designates the process of online purchase of an Item by any Buyer from a Seller on the Site.

1.7 “Service Fees”: designates the amount collected by CAMPSIDER in return for a purchase on the Site.

1.8 “Content”: refers to the elements (videographic, photographic, documents, messages, images, cut-out photographs, etc.) posted online by any User of the Site.

1.9 “Condition of the Item”: designates the state of wear of the Item as indicated by the Seller. For example, the Item may be considered in “Good Condition” or “New without tags”.

1.10 “Delivery by Campsider”: refers to the delivery service organized by CAMPSIDER

1.11 “Item Price” means the price paid by the Buyer to purchase the Item excluding delivery costs. It includes the Seller's share of the price of the Item plus the Service Fees. The Price of the Item is in EUROS.

1.12 “Transaction Price”: designates the Price of the Item to which are added any delivery costs in EUROS and the Site service costs.

1.13 “Profile”: designates the page dedicated to a User registered on the Site containing the information provided by this User

1.14 “Contact the seller”: designates the dedicated area of ​​the Site allowing any User to ask questions about an Item and the Seller to answer them.

1.15 “Personal delivery”: designates the optional option that the Seller may offer when listing an Item for sale on the Site, and which may be chosen by the Buyer when purchasing the Item. This option will allow the Buyer to have the ordered Item delivered in person, thus saving delivery costs and avoiding the ecological impact linked to transport.

1.16 “User” means any Internet user browsing the Site in any capacity whatsoever (Seller, Buyer, professional or not, natural person acting in their personal name or on behalf of a legal entity, Internet user not registered on the Site, etc.).

1.17 “Seller” means any User, individual or professional, who offers one or more Item(s) for sale on the Site.

 

“Professional Seller” means any professional User, who offers one or more Item(s) for sale on the Site as part of their commercial or professional activity. This definition includes the notion of “User Company” as defined in Article 2, 1) of Regulation (EU) 2019/1150 of the European Parliament and of the Council of June 20, 2019 promoting fairness and transparency for businesses users of online intermediation services, applicable to CAMPSIDER.

 

1.18 “Sales Fees” means the amount collected by CAMPSIDER in return for a sale made on the Site.

1.19 “Cancellation Fee” means any other sum collected by CAMPSIDER in consideration for the cancellation of a sale by a Seller on the Site.

1.20 “Empty Passage Charges” means any other sum collected by CAMPSIDER in return for invoicing the empty passage of a carrier for Delivery by Campsider on the Site.

1.21 “Non-compliance fees” means any other sum collected by CAMPSIDER in return for invoicing linked to a dispute over an order on the Site.

 

ARTICLE 2 - PURPOSE OF THE GENERAL CONDITIONS

 

2.1. The purpose of these General Conditions is to define the conditions under which CAMPSIDER (i) allows Users to access the Site and (ii) makes intermediation services available to Users allowing them to sell or buy Items. between them.

 

ARTICLE 3 - ACCEPTANCE AND NOTIFICATION OF THE GENERAL CONDITIONS

 

The fact of any User having an account on Campsider, or clicking on the “Register” or “Register with Facebook” or “Register with Google” button constitutes irrevocable and unreserved acceptance of the entire stipulations of the General Conditions.

These General Conditions form a contract between CAMPSIDER and the User.

If the User refuses to comply with any of the obligations and conditions contained in the General Conditions, he must refuse to access and use the Site.

The User declares and guarantees that he has the legal capacity to contract and, if he represents a company or any other organization having legal personality, to be authorized to act in the name and on behalf of this company or this organization.

The General Conditions constitute the entire agreement between the Parties and supersede any previous agreement or understanding, oral or written relating thereto. The General Conditions prevail, between CAMPSIDER and the User, over any other contractual or non-contractual document emanating from a Seller and/or a Buyer.

CAMPSIDER reserves the right to modify the General Conditions at any time. The General Conditions in their modified version will then be notified by CAMPSIDER to all Users by email to the address provided during their registration.

By default, the new General Conditions will only take effect after a period of fifteen (15) days from their notification by email. If modifications to these General Conditions require professional Sellers to make technical or commercial adaptations to comply with these modifications, a longer period of entry into force will be granted to them in proportion to the time reasonably necessary to implement these adaptations. . This deadline would then be notified to them with the new version of the General Conditions.

Conversely, the new General Conditions will come into force without notice in cases where their modifications result from (i) a legal or regulatory obligation imposed on CAMPSIDER and preventing such notice or, (ii) exceptionally, the need to face imminent and unforeseen danger in order to protect the service provided by CAMPSIDER, as well as its Users, in particular against fraud, spam, malware, data security breach or other risks in matters of cyber security.

The User may waive the fifteen (15) day period by means of a written declaration or a clear positive act, such as the publication of new Advertisements, at any time after receipt of notification of the modification of the Conditions general.

The General Conditions will be made available to the User on the site, so that he can consult and save them at any time. The User therefore undertakes to carefully read the latest updated version of the General Conditions of the Site which will have been notified to him by email to take note of the modifications which have been made thereto.

The User is free to unsubscribe from the Site according to the terms provided for in article 14.1 below, if the modified General Conditions do not suit them. Failing this, it will be deemed to accept without reservation the new version of the General Conditions, at the end of the notice period mentioned above when this is applicable. 

The General Conditions applicable to an Order are those in force at the time of placing said Order and accepted by the User in accordance with this article. Before confirming the Order, the Buyer must, if necessary, confirm his acceptance by clicking on the icon provided for this purpose.

 

ARTICLE 4 - REGISTRATION ON THE SITE

 

4.1 Conditions of registration on the Site

To sell or purchase Items on the Site, the User must register on the Site by creating an account.

Registration on the Site is free and accessible to any individual User aged at least eighteen (18) years, as well as to any legal entity. Any use of the Site by a minor is done under the supervision of their legal representative.

The User can register on the Site as follows:

• (i) either by manually completing the mandatory fields of the registration form marked with an asterisk, using complete and accurate information;
• (ii) either by using the “Facebook Connect” function. In this case, the User will allow CAMPSIDER to access the information from his Facebook account that he has made public.

When registering, the User will choose a username and password. The User undertakes not to register under an identifier likely to infringe the rights of a third party (brand, company name, commercial name, etc.).

The User must not use a simplistic password (it must be composed of at least twelve (12) characters composed of uppercase letters, lowercase letters, numbers and special characters) and must change it regularly in order to ensure a high level of security.

The username and password will be strictly personal and confidential and the User must use them in such a way as to preserve strict confidentiality. The registered User will be the only one authorized to access the Site using their username and password. Any use of the Site using their username and password is deemed to have been made by the User themselves.

In the event of use by a third party of their username and password, the User must immediately notify CAMPSIDER:

• (i) either by sending an email to the following address: hello@campsider.com ;
• (ii) either via the contact page provided for this purpose, accessible from the Site;
• (iii) either via our social networks;
• (iiii) or by mail to the following address: CAMPSIDER - 132E Chemin de Montray, 69110 Sainte-Foy-Lès-Lyon, France

He will then receive a new password by email to the email address he provided when registering.

The User is responsible for the use of the Site and all actions carried out on the Site with his username and password, unless the use of his account was made after unsubscription, or after notification to CAMPSIDER of abusive use of his account.

The User who wishes to sell Items on the Site is obliged to communicate personal information to CAMPSIDER, in particular valid bank details.

CAMPSIDER is also authorized to collect documents proving the identity of the Seller. These documents may be requested by CAMPSIDER teams and are used for the sole purpose of guaranteeing the security of financial transactions and combating fraud.

CAMPSIDER is entitled to cancel a sale if the Seller refuses to communicate these supporting documents or if there is doubt about the validity of these supporting documents.

The User must indicate when registering whether they are a professional or an individual.

 

4.2 Creation of a Seller account by an individual

The Seller who registers as an individual on the Site must complete the supporting documents requested on his account in the tab provided for this purpose on the Site.

For information purposes, these supporting documents for French Private Sellers may be:

• a photocopy of the valid double-sided national identity card or a valid passport;
• proof of address dated less than three (3) months: EDF invoice, Internet provider or tax notice (no mobile phone bill).

If it appears that a Seller, registered as an individual on the Site, appears to be carrying out a commercial activity there, CAMPSIDER may ask him to identify himself as a professional on the Site and to provide him with proof of his status as a professional. professional. In the event of refusal or silence from the Seller, CAMPSIDER may close the Seller's account.

 

4.3 Creation of a Seller account by a professional

The Seller who registers as a professional on the Site must complete the supporting documents requested on his account in the tab provided for this purpose.

As an indication, these supporting documents for French professional Sellers may be:

• (i) a photocopy of the valid double-sided national identity card or a valid passport of the legal representative of the company;
• (ii) a KBIS extract dated less than three (3) months;
• (iii) the statutes of the company with the distribution of powers.

For information purposes only, these supporting documents for French self-employed professional sellers are:

• (i) a photocopy of the valid double-sided national identity card or a valid passport.
• (ii) a notice of situation in the SIRENE directory issued by INSEE and dated less than three (3) months

Pending receipt of supporting documents from the professional Seller, CAMPSIDER will be entitled to temporarily suspend the Seller's account as a precautionary measure and/or withdraw its Advertisements.

CAMPSIDER reminds the Seller acting in a professional capacity of his obligation to respect the laws and regulations relating to the conclusion of a distance sales contract.

 

4.4 Creation of a Seller account by a non-French person

Non-French Sellers can request the list of supporting documents that they will have to communicate to CAMPSIDER to be authorized to sell on the Site by e-mail to hello@campsider.com.

 

5. USER PROFILE

 

After registering, the User is invited to provide a certain amount of additional information (mandatory for those marked with an asterisk or optional for others) on their Profile.

The User who uses the Site as a Seller must complete his Profile with the mandatory information indicated on the Site and is free to enter the optional information on his Profile or not.

The User who uses the Site as a Buyer has the option of completing the mandatory and/or optional information in his Profile.

The User has the possibility to modify the information published on his Profile at any time.

Some of the information provided by the User will be public and visible to other Users and/or communicated to the Seller(s) in the event of a sale, which the User expressly accepts. Each User guarantees CAMPSIDER that the information they provide on the Site is accurate, truthful, complete and up to date.

The User undertakes to regularly update all of his information, in order to preserve its accuracy. The User is solely responsible for the sincerity and accuracy of this information.

CAMPSIDER cannot under any circumstances be held responsible for errors, omissions or inaccuracies that may be noted in the information provided by the User, nor for any harm that may possibly result from this for other Users or third parties.

 

6. ORDERING PROCESS

 

6.1 Creating an Advertisement

 

6.1.1. Pre-contractual information

The Seller undertakes to describe in the Advertisement:

• (i) the essential characteristics of the Item that it is offering for sale: nature, functionalities of the Item, type, brand, etc. ;
• (ii) the Condition of the Item;
• (iii) the Price of the Item.

The Seller undertakes to ensure that the Items comply perfectly with public order, good morals, the law in force in France, as well as the rights of third parties and that they are not likely to offend the sensibilities of the minors.

CAMPSIDER reserves the right to request as proof of good faith an invoice proving ownership of the Item posted online by the Seller or additional photographs of the Item.

The Seller undertakes to ensure that any item relating to equipment maintenance or safety (helmets, airbags, personal protective equipment) offered for sale corresponds to a product in new condition. CAMPSIDER reserves the right to delete or modify an advertisement if it does not comply with these General Conditions of Sale.

When creating the Advertisement on the Site, the Seller provides the Price of the Item in EUROS. The Seller determines the Price of the Item freely. CAMPSIDER draws the Seller's attention in particular to the fact that it is his responsibility not to set a clearly excessive Price. CAMPSIDER reserves the right to refuse to publish the Advertisement if it considers that the Price of the Item is too high or to ask the Seller to lower the Price.

The Seller undertakes to publish quality photographs - at least two (2) - of the Item, in accordance with the photo advice available on the Site. The Seller undertakes to only put online faithful, precise and unretouched photographs of the Item, and he guarantees to hold all the rights attached thereto.

He acknowledges and accepts that CAMPSIDER refuses to put an Article online if the quality of the photography is not deemed satisfactory by CAMPSIDER's moderation. The Seller also accepts that CAMPSIDER may retouch the photographs of the Items in order to optimize their quality.

The Seller is responsible for drafting the Advertisement relating to the Item offered for sale on the Site.

The Buyer will have the possibility to ask the Seller questions about the Item, in the “Ask a question” space reserved for this purpose in the Advertisement. The Seller undertakes to answer these questions as precisely as possible in order to avoid any lack of conformity of the Item to the description given in the Advertisement by the Seller.

 

6.1.2. Validation and posting of the Advertisement

 

At the stage of validation of the Advertisement, the Seller acknowledges and accepts that CAMPSIDER reserves the right to refuse to put the Advertisement online on the Site:

• if the Advertisement does not meet the requirements stipulated in the advertisement selection charter, accessible from all pages of the Site via the User information section
• if the Advertisement does not meet the conditions stipulated in article 6.1.1 above relating to contractual information, relating to (i) the essential characteristics of the Item, (ii) its Price and (iii) the quality Photography;
• in the event of doubt about the possibly infringing nature of an Article, in accordance with the stipulations of Article 8.3 below;
• in the event of refusal to place it online, CAMPSIDER will make its best efforts to inform the Seller, as soon as possible, of the reasons for its refusal. In addition, once the Advertisement has been validated and put online, the Seller acknowledges and accepts that CAMPSIDER may require that he modify and/or delete his Advertisement and/or that CAMPSIDER directly modifies or deletes the Advertisement, particularly if the Seller has not published the Advertisement in the appropriate category or if he displays his contact details there.

The Professional Seller acknowledges and accepts that CAMPSIDER may withdraw its Advertisements while awaiting the required supporting documents, in accordance with the stipulations of article 4.3 above. The Seller further acknowledges and accepts that CAMPSIDER reserves the right to delete the Advertisement in the event that it is unable to prove its ownership right to the Item it offers for sale on the Site, in application of the stipulations of article 8.3 below, in the event of failure to fulfill one of the User's obligations stipulated in article 9 below.

 

6.1.3. Ad Ranking

The Announcement validated and posted online will appear on the Site according to a relative degree of priority granted according to several classification criteria.

These classification criteria are applied systematically and uniformly to all Advertisements after their validation.

The main classification criteria used are as follows (hereinafter “the Criteria”):

• the more or less recent nature of the Advertisement offering the Article;
• the state of wear of the Item;
• the delivery options for the Item offered;
• the diligence of the Seller in responding to user requests.

The Criteria meet CAMPSIDER's objective of prioritizing the Ads most likely to result in the rapid conclusion of a sale resulting in the best possible satisfaction for both the Buyer and the Seller. The Criteria are therefore the criteria favored by CAMPSIDER alongside other criteria deemed secondary, such as the essential characteristics of the Item within the meaning of Article 6.1.1 above and its Price, which taken in isolation, remain insufficient for the purposes of with regard to this objective of optimal User satisfaction.

Users can also refer to the Criteria directly on the Site within the section dedicated to classification, referencing and de-referencing, accessible from all pages of the Site, as well as on each Ad result page.

 

6.2 Conclusion of the sale

The User can select the Items online on the Site that they wish to purchase by placing them in their Basket. The Price of the Item offered for sale on the Site is inclusive of all taxes, excluding customs taxes, and appears in the Advertisement for the Item concerned. The User finds the Items selected on the Site in their Basket. When the selection of Items to purchase is ready, the User can place an order.

From the Basket, by clicking on “Place Order” on their Basket, the User is required to choose their delivery address, billing address and means of payment. By clicking on “Confirm and pay”, he commits to the Seller to purchase the product at the price indicated in the Advertisement if the latter accepts it. The Buyer is bound by this offer to purchase until acceptance or waiver or the expiration of the acceptance period left to the Seller as defined below.

CAMPSIDER will inform the Seller of the Buyer's purchase offer by email. The Seller undertakes to accept or refuse the Buyer's purchase offer within seventy-two (72) hours, i.e. three (3) days following the purchase offer executed by the Buyer having resulted in the receipt of an email from CAMPSIDER informing him that the Item he put up for sale on the Site has found a buyer.

The Seller may accept or refuse the purchase offer through his account on the Site. Its acceptance will be firm and irrevocable. Upon acceptance by the Seller, the sale will be concluded and deemed perfect. The Buyer's bank card will then be debited. The Buyer will then receive an email confirming the sale.

If the User wishes to know how CAMPSIDER uses their Personal Data, ask to rectify them or oppose their processing, the User can contact CAMPSIDER in writing at the following address: CAMPSIDER - 132E Chemin de Montray, 69110 Sainte-Foy -Lès-Lyon, France or by email to hello@campsider.com.

In this case, the User must indicate the Personal Data that he would like CAMPSIDER to correct, update or delete, by identifying himself precisely with a copy of an identity document (identity card or passport ). Requests for deletion of Personal Data will be subject to the obligations imposed on CAMPSIDER by law, in particular with regard to the conservation or archiving of documents. Finally, CAMPSIDER Users can file a complaint with the supervisory authorities, and in particular the CNIL (https://www.cnil.fr/fr/plaintes).

 

Failure to respond by the Seller after the seventy-two (72) hour deadline will constitute a refusal of the purchase offer, and the sales contract will not be concluded. The Buyer's Order will then be canceled and the Buyer's bank card will therefore not be charged.

 

6.3 Delivery of the Item and shipping costs

6.3.1. Information required for delivery

In order to allow delivery of the Item, the Buyer must provide a certain amount of mandatory and essential information:

• (i) its first and last name(s) and, where applicable, the first and last name(s) of the person to be delivered if the latter are different;
• (ii) delivery address;
• (iii) a telephone number to contact him

 

6.3.2. Delivery costs and times

Unless the Item is delivered by hand (which does not include delivery costs), delivery costs are the responsibility of the Buyer. Details of the Service Fees, delivery times and terms are specified on the “Buyer Help” page of the Site. Delivery costs are expressed in EUROS, all taxes included.

6.3.3. Classic delivery

The Buyer and the Seller can opt for traditional delivery of the Item ordered, by the services of La Poste, Mondial Relay or other carriers depending on the volume and/or fragility of the Item.

After the conclusion of the sale and collection of the Transaction Price by CAMPSIDER, CAMPSIDER will communicate to the Seller the contact details of the Buyer so that he can proceed with the delivery of the Item.

The Seller undertakes to send the Buyer the properly packaged Item within seventy-two (72) hours, or three (3) days following communication, by CAMPSIDER, of the Buyer's contact details.

In the case of delivery by its own means, the seller undertakes to inform the Buyer within twenty-four (24) hours following shipment of the Item of the approximate date of delivery of the Item. In this case, the Seller is solely responsible for the proper execution of delivery of the Item ordered to the Buyer, within the aforementioned deadlines. The risks linked to the delivery operation weigh on the Seller, who will be responsible for taking action against the carrier if necessary.

The Seller also undertakes to indicate if possible the tracking number corresponding to the shipment of the Item in the space reserved for this purpose on the Site or by email to hello@campsider.com.

The Seller undertakes to keep proof of delivery for a period of one (1) month following the date of shipment of the Item, and undertakes to provide CAMPSIDER, at the latter's request, with the all the information available to him, in particular regarding the date of receipt of the Item by the Buyer.

After delivery of the Item, CAMPSIDER will pay the Seller the Price of the Item and the delivery costs, according to the terms stipulated in article 6.5.2 below.

 

6.3.4. Delivery by Campsider

The Buyer and/or the Seller will have the option of opting for the “Delivery by Campsider” service. After the conclusion of the sale, CAMPSIDER will contact the Seller and the Buyer as soon as possible in order to organize delivery of the Item. The Seller will be responsible for packaging the Item. 

After delivery of the Item by CAMPSIDER, the latter will pay the Seller the Price of the Item, according to the terms stipulated in article 6.5.2 below.

 

6.3.5. Hand delivery

The Seller may offer the Buyer to have the Item delivered by hand in order to allow the Buyer to save the delivery costs of the Item. The Seller will hand over the product to the Buyer upon hand delivery of the Item agreed between the two in a relationship of trust.

Within forty-eight (48) hours from the Delivery of the Item, the Seller will indicate on the Site the product as shipped in order to be able to collect the Price of the Item which will be paid to him by CAMPSIDER according to the terms and conditions stipulated in article 9.5.2 below.

When the Buyer has chosen the option of Hand delivery of the Item, he undertakes to collect the Item within thirty (30) days from the conclusion of the sale, within the meaning of the Article 6.2 above.

If the Item is not picked up within the above-mentioned deadline, the Buyer may be charged a delay compensation amounting to:

• (i) thirty percent (30%) of the Price of the Item if the Buyer picks up the Item within a period of the thirty-first (31st) day and the sixtieth (60th) calendar day following the conclusion sales ;
• (ii) fifty percent (50%) of the Price of the Item if the Buyer picks up the Item after the sixtieth (60th) day following the conclusion of the sale.

 

6.4 RECEIPT OF THE ITEM

If the Buyer is absent during delivery of the Item, he undertakes to collect the Item at the post office or any other delivery location used by the carrier in the event of the Buyer's absence within the deadlines.

In the event that, due to failure to collect the Item within the deadline, it is reshipped to the Seller, the Buyer undertakes to contact the Seller to organize the reshipment of the Item. The Buyer will be required to cover the costs of reshipping the Item or to pick up the Item directly from the Seller subject to the latter's agreement.

 

6.5 PAYMENT OF THE ORDER

 

6.5.1. Payment by the Buyer

Acceptance of these general conditions implies acceptance of the general conditions of our payment partner Mangopay: https://www.mangopay.com/terms/MANGOPAY_Terms-FR.pdf

The Transaction Price is paid by the Buyer in EUROS.

The Buyer has the option of paying for his Order by credit card via the secure Mangopay portal or by Paypal. CAMPSIDER reserves the right to ask the Buyer for proof of identity (copy of identity card, proof of address and/or copy of bank card). Pending receipt of these documents, CAMPSIDER will have the right to suspend the Order. 

CAMPSIDER cannot be held responsible in the event of fraudulent use of the means of payment used by the Buyer.

The amount paid by the Buyer corresponds to the Transaction Price and therefore includes:

• (i) the Price of the Item, in EUROS, all taxes included;
• (ii) delivery costs, in EUROS, all taxes included;
• (iii) the Site Service Fees, in EUROS, all taxes included, detailed on the “Buyer Help” page of the Site;

 

After confirmation of the purchase offer by the Seller, the Buyer's account will be debited with the Transaction Price in EUROS.

 

6.5.2 Payment to the Seller

 

The Seller authorizes CAMPSIDER to collect, in his name and on his behalf, the Transaction Price.

Subject to the absence of withdrawal by the Buyer within the meaning of article 7.1 below, CAMPSIDER will proceed to payment into the Seller's account (i) of the Seller's share in EUROS of the price of the Item and ( ii) where applicable, delivery costs advanced by the Seller, once the linked Order has been delivered and declared compliant (the conformity of the item being automatic from a period of 72 hours after receipt of the item by the Buyer if the latter has not declared a lack of conformity, if the latter is a private Seller and from a period of 14 working days if the latter is a professional Seller). 

Sales Fees will be withheld from the total amount of the sale (price of the Item and Delivery), all taxes included, depending on the type of Seller, detailed on the “Seller Help” page of the Site. One payment per week for all orders delivered in compliance with the current month will be made to the Seller at the end of the month if the latter acts as a professional Seller. This transfer will be made as soon as the User has requested it if the latter acts as a Private Seller.

In addition, by using the Campsider platform, the Seller is subject to the operational rules of customer satisfaction published by Campsider and accepts the invoicing of exceptional costs linked to its orders if the following conditions are met:

• Seller-initiated order cancellations create a bad experience for buyers and make them less likely to purchase a product from you again. In order to maintain customer confidence, the Seller can only cancel a maximum of one order in a period of 30 days, free of charge. Beyond this threshold of one order in a period of 30 days, order cancellation fees will be withheld from the sale.
• if our transport partners (France Express, GLS, etc.) inform us that the goods were not available at the time of the passage scheduled for Delivery by Campsider, Empty Passage Fees may be withheld from the Seller in order to encourage the respecting shipping deadlines and reducing the carbon impact linked to transport. As a reminder, the seller is free to select the date of collection of the goods on the Campsider website.
• if the product received by the customer does not conform to the product ordered, and the Seller's liability is incurred (after study of the file by the Campsider team in charge of disputes), then Non-conformity Fees may be withheld from the Seller. These costs may correspond, depending on the case, to costs linked to the return of the product, to repair costs or to costs linked to a commercial gesture accepted by the Seller.

 

6.5.3 Billing

If the Seller acts as an individual, he is not authorized to issue an invoice to his Buyer. For sales made on an occasional basis by an individual, a sales certificate must be drawn up by the Seller and addressed to the Buyer and show all legal notices, including in particular the VAT rate if applicable.

To facilitate transactions and support individual merchants in their sales processes on the Site, CAMPSIDER publishes in the name and on behalf of the Seller - acting as an individual and having declared himself as such in his Store - a sales certificate addressed to the Buyer. This sales certificate includes the Seller's information, the Buyer's billing information, the content published in the Advertisement and the order data (product name, Item Price, order date, etc.).

Acceptance of the General Conditions constitutes for the Private Seller acceptance to the publication of sales certificates in his name and on his behalf for the sales he makes on the Site. These sales certificates will be made available to the Buyer in My Account, My Purchases.

If the Seller acts as a professional, he must issue an invoice addressed to the Buyer for the sale made on the Site. 

Upon delivery of the Item (classic delivery or “Delivery by Campsider”) and/or its handover to the Buyer, the Seller is required to provide the Buyer with an invoice including at least all the following information (subject to any other information imposed by applicable laws and/or regulations):

• (i) date of issue of the invoice;
• (ii) numbering of the invoice;
• (iii) date de la vente ;
• (iv) identity of the Buyer;
• (v) identity of the Seller;
• (vi) billing address;
• (vii) individual VAT identification number of the Seller and/or the Buyer (if applicable);
• (viii) designation of the Item (name, quantity)
• (ix) unit price (excluding VAT where applicable) of the Item;
• (x) transportation costs;
• (xi) the VAT regime applied and the legally applicable VAT rate (if applicable);
• (xii) total amount to be paid excluding tax (HT) and all taxes included (TTC)

The invoice issued by the Seller must mention the Transaction Price (including the Price of the Item plus the Price of Delivery) in the event that the Seller uses its own means of delivery and only the Price of the Item in the case where the Delivery method used is a Delivery method included in the Site or Delivery by Campsider.

 

6.5.4 Payment of your order in 3X/4X/10X without fees by credit card with Oney Bank

 

Our partner Oney Bank offers you a financing solution called 3x 4x 10x Oney, which allows you to pay for your purchases from €80 to €6,000 in 3, 4 or 10 installments free of charge with your bank card. 

Conditions: This offer is reserved for individuals (individuals of legal age) residing in France and holders of a Visa and MasterCard bank card with a validity date greater than the duration of the chosen financing. Cards with systematic authorization, in particular of the Electron, Maestro type , Nickel etc… as well as e-cards, Indigo and American Express cards are not accepted.

Subscription terms: After completing your order, simply click on the “payment button in 3x 4x 10x Oney by credit card”. You are then redirected to the 3x 4x 10x Oney internet page of our partner displaying the detailed summary of your order and the personalized financing request, which you must then validate. You enter your personal information or, if you have a 3x 4x 10x Oney account, you identify yourself using the connection details linked to your 3x 4x 10x Oney account. You read the general conditions of payment in installments to which you wish to subscribe, which are provided to you in PDF format so that you can read them, print them and save them before accepting them. You then notify your electronic acceptance using the corresponding check box. You acknowledge that the “double click” associated with the check box on reading the general conditions constitutes consent to contract and constitutes irrevocable and unreserved acceptance of the general conditions of the product. Unless proven otherwise, the data recorded by Oney Bank constitutes proof of all transactions between you and Oney Bank. If you request to benefit from a financing solution offered by Oney Bank, the information relating to your order will be transmitted to Oney Bank, which will use it for the purposes of studying your request for granting, management and payment. credit recovery. 

Oney Bank reserves the right to accept or refuse your financing request in 3x 4x 10x Oney. You have a withdrawal period of 14 days to renounce your credit.

How it works: payment in 3, 4 or 10 installments free of charge by credit card allows you to pay for the order placed on our merchant site as follows: 

• a mandatory deposit, debited on the day of confirmation of shipment of your order corresponding to a third or a quarter of the order; 
• two or three monthly payments, each corresponding to a third or a quarter of the order, taken 30 and 60 days later for the 3 installments and 30, 60 and 90 days later for the 4 installments. 
• Payment in 3 installments from 80€ of purchase and up to 6000€

Example: For a purchase of €150, contribution of €50 then 2 monthly payments of €50. Credit over 2 months at a fixed APR of 0%. Financing cost €0. 

• Payment in 4 installments from 80€ of purchase and up to 6000€

Example: For a purchase of €400, contribution of €100 then 3 monthly payments of €100. Credit over 3 months at a fixed APR of 0%. Financing cost €0. 

• Payment in 10 installments from 30€ of purchase and up to 3000€: Credit allocated over 9 months, by bank card, without insurance, with compulsory deposit, valid from 300.00 € up to 3000, 00 € at the fixed borrowing rate of 0.00%. Subject to acceptance by Oney Bank. You have a withdrawal period of 14 days to renounce your credit.

CAMPSIDER acts as exclusive agent in banking operations and payment services – ORIAS number: 07 023 261 - www.orias.fr - head office: 132 CHEMIN DE MONTRAY 69110 SAINTE-FOY-LES-LYON

Oney Bank - SA with capital of €51,286,585 - Head office: 34 avenue de Flandre 59170 CROIX - RCS Lille Métropole 546 380 197 - Orias n°: 07 023 261 - www.orias.fr - 

Correspondence: CS 60006 - 59 895 Lille Cedex 9 - www.oney.fr

7. RETURNS AND WARRANTIES

 

7.1 Right of withdrawal for the purchase of an Item from a professional Seller

In accordance with Article L. 221-1 of the Consumer Code, the Buyer does not benefit from any right of withdrawal when purchasing an Item from a non-professional Seller.

 

The Buyer (who acts as a consumer) is protected by consumer law when he purchases an Item from a professional Seller and can refer the matter to the jurisdiction of his choice and request the application of the consumer protection rules of his country. The professional Seller must apply the national law of the Buyer with regard to consumer protection provisions.

 

7.1.1. Withdrawal period

In accordance with Article L. 221-18 of the Consumer Code, the Buyer has a period of fourteen (14) clear days from receipt of the Item to exercise his right of withdrawal if the Seller is a professional seller. After this period, the possibility of returning the product will be decided by CAMPSIDER depending on the situation. The return will be the responsibility of the Seller.

CAMPSIDER offers the possibility of withdrawing from its purchase from a private Seller within 72 hours. After this period, the possibility of returning the product will be decided by CAMPSIDER depending on the situation. The return will be the responsibility of the Seller or CAMPSIDER.

Within these deadlines, the Buyer must inform CAMPSIDER of his wish to withdraw by a written and unambiguous declaration or by means of the withdrawal form reproduced in Appendix A. To exercise this right, the Buyer does not have to to justify his motives.

 

7.1.2. Withdrawal method

In the event that the Item has not yet been shipped, CAMPSIDER will immediately take the withdrawal decision into account and the Buyer will be reimbursed within a maximum of fourteen (14) days from their withdrawal decision.

In the event that the Buyer has already received the Item and/or the Item is being shipped, the Buyer has a period of fourteen (14) days from receipt to return the Item, carefully packaged, to the professional Seller, according to the original shipping method. The costs incurred for returning the Item will be the sole responsibility of the Buyer. After these deadlines, the possibility of returning the product will be decided by CAMPSIDER depending on the situation.

 

7.1.3. Effects of withdrawal

Subject to compliance with this procedure and the deadlines indicated, CAMPSIDER will reimburse the Buyer via the same means of payment used by the Buyer during the Order, within fourteen (14) days from its withdrawal decision. .

CAMPSIDER may nevertheless decide to defer reimbursement until recovery of the Item by the Seller or until the Buyer has provided CAMPSIDER with proof of shipment of the Item, the date chosen being that of the first of these facts.

 

7.2 Right of withdrawal for the purchase of an Item from a non-professional Seller

According to article L. 221-1 of the Consumer Code, the Buyer who acts as a consumer does not benefit from any right of withdrawal when purchasing an Item from a non-professional Seller.

 

7.3 Guarantee for non-conformity for the purchase of an Item from a Professional Seller

Under the terms of Article L. 217-3 of the Consumer Code, the legal guarantee of conformity only applies to contractual relations between the Seller acting within the framework of his professional or commercial activity and the Buyer acting in consumer quality.

The professional Seller guarantees the conformity of the Item with the Advertisement as well as the answers given to the questions asked by Users on the Item put up for sale.

In the absence of conformity of the Article, within the meaning of Article L. 217-5 of the Consumer Code, the Buyer may take action against the Seller, under the conditions of Articles L. 217-4 and following of the Code. of consumption.

When acting as a legal guarantee of conformity, the Buyer:

• benefits from a period of two (2) years from delivery of the Item to take action against the Seller;
• may choose between repair or replacement of the Item, subject to the cost conditions provided for by Article L. 217-9 of the Consumer Code and the provisions of Article L. 217-10 in the event where repair and replacement of the Item would be impossible

The Buyer is exempt from providing proof of the existence of the lack of conformity of the Item during the six (6) months following delivery of the Item.

The legal guarantee of conformity applies independently of any commercial guarantee possibly granted to the Buyer.

On a commercial basis, CAMPSIDER allows the Buyer who has purchased an Item from a non-professional Seller to have a period of three () days from receipt to indicate a lack of conformity. In this case, CAMPSIDER customer service will help manage the dispute with the Buyer and the Seller.

 

7.4 Legal guarantee against hidden defects

The Buyer may also decide to implement the guarantee against hidden defects in the Item under the conditions of articles 1641 et seq. of the civil code. In this case, the Buyer can choose between canceling the sale or reducing the Price of the Item in accordance with article 1644 of the civil code.

In the event of exercise by the Buyer of the guarantee against hidden defects or the legal guarantee of conformity, the Seller will be responsible for reimbursement to the Buyer of the Price of the Item, delivery and return costs. of the Article.

 

7.5 Return policy

To make a return under one of the causes listed in this article 7, the Buyer must send an email to CAMPSIDER customer service at the email address hello@campsider.com, and CAMPSIDER will guide the Buyer through the return process. The Item(s) to be exchanged or refunded must be returned to the address indicated by CAMPSIDER.

The returned item must be intact, in perfect resalable condition and in its original packaging. Any item damaged or whose original packaging is damaged will not be refunded or exchanged. Return costs are the responsibility of the Buyer.

Upon receipt of the Item and confirmation of its condition, the Seller (i) will carry out the exchange, when possible and requested by the Buyer; or (ii) reimburse Buyer for the amount paid if a refund is requested.

 

Article L. 217-4 of the Consumer Code

The seller delivers goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for defects in conformity resulting from the packaging, assembly instructions or installation when this has been his responsibility by the contract or has been carried out under his responsibility.

 

Article L. 217-5 of the Consumer Code

The good complies with the contract: 1/ If it is suitable for the use usually expected of a similar good and, where applicable: - if it corresponds to the description given by the seller and has the qualities that it presented to the buyer in the form of a sample or model; - if it presents the qualities that a buyer can legitimately expect having regard to the public declarations made by the seller, by the producer or by his representative, in particular in advertising or labeling; 2/ Or if it presents the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.

 

Article L. 217-7 of the Consumer Code

Defects of conformity which appear within a period of twenty-four (24) months from delivery of the goods are presumed to exist at the time of delivery, unless proven otherwise. For goods sold second-hand, this period is set at six months. The seller can combat this presumption if it is not compatible with the nature of the goods or the alleged lack of conformity.

 

Article L. 217-8 of the Consumer Code

The buyer has the right to demand that the goods conform to the contract. He cannot, however, contest conformity by invoking a defect that he knew or could not have ignored when he contracted. The same applies when the defect has its origin in the materials he himself supplied.

 

Article L. 217-9 of the Consumer Code

In the event of a lack of conformity, the buyer chooses between repair and replacement of the goods. However, the seller may not proceed according to the buyer's choice if this choice results in a cost that is clearly disproportionate with regard to the other method, taking into account the value of the goods or the importance of the defect. He is then required to proceed, unless impossible, according to the method not chosen by the buyer.

 

Article L. 217-10 of the Consumer Code

If repair and replacement of the goods are impossible, the buyer can return the goods and have the price refunded or keep the goods and have part of the price refunded. The same option is open to him: 1/ If the solution requested, proposed or agreed in application of article L. 217-9 cannot be implemented within one (1) month following the complaint of the Buyer ; 2/ Or if this solution cannot be done without major inconvenience for him given the nature of the property and the use he is seeking. However, the sale cannot be canceled if the lack of conformity is minor.

 

Article L. 217-11 of the Consumer Code

The application of the provisions of articles L. 217-9 and L. 217-10 takes place without any cost for the buyer. These same provisions do not prevent the award of damages.

 

Article L. 217-12 of the Consumer Code

The action resulting from the lack of conformity is prescribed two (2) years from the delivery of the goods.

 

Article L. 217-13 of the Consumer Code

The provisions of this section do not deprive the buyer of the right to exercise the action resulting from redhibitory defects as it results from articles 1641 to 1649 of the civil code or any other action of a contractual or extra-contractual nature which is recognized to him by the law.

 

Article 1641 of the civil code

The seller is bound by the guarantee for hidden defects in the item sold which make it unfit for the use for which it is intended, or which reduce this use to such an extent that the buyer would not have acquired it, or would not have used it. would have given only a lower price, if he had known them.

 

Article 1642 of the civil code

The seller is not liable for apparent defects of which the buyer was able to convince himself.

 

Article 1643 of the civil code

He is liable for hidden defects, even if he is not aware of them, unless, in this case, he has stipulated that he will not be obliged to provide any guarantee.

 

Article 1644 of the civil code

In the case of articles 1641 and 1643, the buyer has the choice of returning the thing and having the price refunded, or keeping the thing and having part of the price refunded.

 

Article 1646 of the civil code

 

If the seller is unaware of the defects in the item, he will only be required to return the price, and to reimburse the buyer for the costs incurred by the sale.

 

Article 1648 paragraph 1 of the civil code

Action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect.

 

ARTICLE 8 - OBLIGATIONS OF THE SELLER

 

8.1 Confidentiality Obligations

The Seller undertakes to keep the personal data of Buyers communicated to it in the context of an Order strictly confidential and to respect the applicable legislation regarding the protection of personal data.

 

8.2 Obligations of the Seller regarding the photography of the item offered for sale on the Site

The Seller undertakes to only put online photographs for which it holds the reproduction, distribution and exploitation rights.

 

8.3 Obligations of the Seller regarding the Item offered for sale on the Site

The Seller undertakes to hold full and complete ownership of any Item that it offers for sale on the Site.

CAMPSIDER informs the Seller that it reserves the right to delete the Advertisement in the situation where said Seller is unable to prove his ownership right to the Item he is offering for sale on the Site.

The Seller guarantees that the condition and characteristics of the Item he offers on the Site comply with the description he made in the Advertisement.

The Seller undertakes not to put for sale any Item likely to infringe the intellectual property rights of third parties and guarantees CAMPSIDER against any recourse from third parties in this regard.

Consequently, in the event that a third party acts against CAMPSIDER in connection with the sale of any infringing Item on the Site, CAMPSIDER reserves the right to take action against the Seller to obtain compensation for any damage caused. she would suffer on this account.

In the event of doubt about the possibly infringing nature of an Article, the Seller acknowledges and accepts that CAMPSIDER may refuse to put the related Advertisement online or, at the very least, require that the Seller provide additional documents on this Article (photographs, invoices, proof of authenticity, etc.).

The User who detects the sale, on the Site, of a counterfeit Item must notify CAMPSIDER.

In the event that the User purchases an infringing Item on the Site, he must immediately inform CAMPSIDER and turn against the Seller to obtain compensation for any damage he may suffer as a result.

As a simple intermediary, CAMPSIDER cannot be held responsible by the Buyer for the sale of said infringing Item.

The Seller undertakes not to make misleading advertising in the Advertisements or, more generally, to implement any unfair commercial practice through the Site.

The Seller undertakes to remove from his Store as soon as possible any Item that he no longer wishes to sell or sold by another means.

 

8.4 Tax and social obligations of Sellers

CAMPSIDER informs the Seller that income from the sale of his Property may be subject to various taxes. The Seller undertakes to respect its tax and social obligations.

As such, CAMPSIDER invites the Seller to become aware of the applicable regulations by contacting the tax administration as well as by consulting the following websites:

• (i) https://www.impots.gouv.fr/portail/node/10841 ;
• (ii) http://www.securite-sociale.fr/Vos-droits-et-demarches-dansle-cadre-des-activites-economiques-entre-particuliers-Article87.

CAMPSIDER will communicate to the Seller in January of each year, a document summarizing the gross amount of the transactions of which it is aware and which it has received, via the Site, during the previous year.

The professional Seller declares, where necessary, to be registered with the Trade and Companies Register, with the URSSAF and/or with any administrations or organizations (including administrations or social insurance organizations) required for the execution of the General Conditions. Registrations made in accordance with this article, as well as registrations carried out prior to the conclusion of the General Conditions must expressly cover all the activities of the Professional Seller for the execution of services in application of the General Conditions. In accordance with the provisions of articles L. 8221-1 et seq. and D. 8222-5 of the Labor Code, the Professional Seller undertakes to provide CAMPSIDER with all supporting documents relating to its registration, the payment of its social and tax contributions as well as as the employment of its employees.

 

8.1 Obligations of the Professional Seller

The professional Seller guarantees compliance with its legal obligations relating to the sale of Items on the Site to Buyers who are non-professionals (e.g. respect for the right of withdrawal).

 

ARTICLE 9 - USER OBLIGATIONS

 

As part of the use of the Site, the User undertakes to:

• (i) guarantee the accuracy, integrity and legality of the Content;
• (ii) guarantee the proper use of the Site;
• (iii) refrain from entering information that is malicious, denigrating, obscene, defamatory, intentionally misleading, illicit and/or contrary to morality;
• (iv) respect the rights of third parties, and in particular their intellectual property rights;
• (v) not usurp the identity of other Users of the Site;
• (vi) not alter or disrupt the integrity or performance of the Site or the data contained therein;
• (vii) not attempt to gain unauthorized access to the Site or its associated systems or networks or intercept data;
• (viii) use the Site in compliance with applicable national and/or international laws and regulations;
• (ix) never mention your contact details (telephone, postal address, email, etc.) in the Advertisements, in the “Ask a question” space, or in your Shop.

In the event of failure to comply with one of these obligations, CAMPSIDER reserves the right to temporarily or permanently suspend the User's account, delete an Advertisement and/or terminate the General Conditions.

It is recalled that articles 323-1 and following of the penal code punish with penalties of up to five (5) years of imprisonment and a fine of 150,000 EUROS, in particular:

• (i) fraudulent access and maintenance in an automated data processing system;
• (ii) the fraudulent deletion, modification or addition of data in this system;
• (iii) obstructing this system

 

ARTICLE 10 - INTELLECTUAL PROPERTY

 

10.1 Content

In return for posting Content on the Site, the User grants CAMPSIDER a worldwide, non-exclusive, transferable license which may give rise to the granting of a sub-license, granting CAMPSIDER the right to use , to copy, modify, distribute, process, store and disseminate, all of the Content that the User inserts on the Site as it is put online, for the duration of the General Conditions.

The User expressly authorizes CAMPSIDER to modify the photographs of the Articles that it publishes on the Site, in particular in order to resize them, crop them or even delete the second plane of said photograph in order to highlight the essential characteristics of the Article .

In particular, the User authorizes CAMPSIDER to distribute the Advertisements on partner sites and to promote them on any medium.

The User guarantees that he has the intellectual property rights necessary for the publication of the Content that he puts online on the Site.

The User also guarantees that the Content he publishes on the Site does not contain anything that is contrary to the rights of third parties and the laws in force, and in particular the provisions relating to defamation, insult, privacy, image rights, attacks on morals or counterfeiting.

The User thus guarantees CAMPSIDER against any possible recourse from a third party concerning the publication of said Content on the Site.

 

10.2. CAMPSIDER Assets

With the exception of Content provided by the User, all technical, graphic, textual or other elements constituting the Site (texts, graphics, software, photographs (including clipped photographs of the Items put up for sale on the Site), images, videos, sounds, plans, graphic charter, technology(s), names, brands, logos, creations and protectable works, databases, etc.) as well as the Site itself, are the exclusive property of CAMPSIDER.

The User acknowledges that no property is transferred to him, and that no right or license is granted to him, apart from the non-exclusive, personal and non-transferable right to use the Site during the duration of the General Conditions and for the sole purpose of their proper execution.

Consequently, unless expressly authorized in advance by CAMPSIDER, the User undertakes not to:

• (i) reproduce in number, for commercial or non-commercial purposes, information present on the Site and/or the technical, graphic, textual or other elements constituting the Site;
• (ii) integrate all or part of the content of the Site, and in particular the clipped photographs, into a third party site, for commercial purposes or not;
• (iii) use a robot, in particular an exploration robot (spider), a search or retrieval application for websites or any other means allowing the retrieval or indexing of all or part of the content of the Site;
• (iv) extract, by permanent or temporary transfer, all or a qualitatively or quantitatively substantial part of the content of the Site's database on another medium, by any means and in any form whatsoever;
• (v) copy the information present on the Site and/or the technical, graphic, textual or other elements constituting the Site on media of any kind allowing all or part of the original files to be reconstituted.

Any use not expressly authorized of elements of the Site entails the civil and/or criminal liability of its author and may result in legal action against him.

The registered trademarks, product names and names or logos appearing on the Site belong to their respective owners.

The fact, for CAMPSIDER, of referring to products, services, or other information by citing a commercial name, a brand, a brand, a manufacturer, a supplier or other does not constitute and does not imply acceptance, sponsorship , a partnership or recommendation from CAMPSIDER.

 

10.3 Links from the Site

The Site may contain hypertext links to third-party sites.

These links are provided for additional information only.

CAMPSIDER exercises no control over the sites to which these links refer and declines all responsibility for access, content or use of these sites, as well as for any damage that may result from consulting the information on these sites. Site (s.

As soon as the User is redirected to the site of a third party, the conditions of use of the site in question apply instead of the General Conditions which cease to apply.

The decision to click on these links is the full responsibility of the User.

If the User accesses, through the Site, a third-party site that is illegal or harmful in any way, he or she immediately notifies CAMPSIDER so that it can immediately delete the link to the disputed site.

 

10.4 Links to the Site

Any link to the Site must be subject to prior authorization.

CAMPSIDER reserves the right to terminate an authorization at any time if it appears to it that the link established to the Site is likely to harm its interests.

 

ARTICLE 11 - PROTECTION OF PERSONAL DATA

 

11.1 Data collection

CAMPSIDER builds strong and lasting relationships with its Users, based on mutual trust. Ensuring the security and confidentiality of its Users' personal data is an absolute priority for CAMPSIDER.

 

CAMPSIDER collects and uses the User's personal data in compliance with the provisions of the law n°78-17 of January 6, 1978 known as “Informatique et Libertés” (hereinafter referred to as “Law No. 78-17”) and Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 relating to the protection of individuals physical authorities with regard to the processing of personal data and the free movement of these data (hereinafter referred to as the “ GDPR »).

 

All data concerning Users is collected directly from them when creating their Profile, setting up their Store and/or during the Order process.

 

Users are informed on each personal data collection form of the mandatory or optional nature of the responses by the presence of an asterisk.

 

In the event that responses are mandatory, CAMPSIDER exposes to Users the consequences of a lack of response.

 

11.2 LEGAL BASES FOR PROCESSING PERSONAL DATA

 

11.2.1. The execution of CAMPSIDER’s contractual relations with Users

In order to use the Platform and benefit from the services it offers, Users must accept the General Conditions available from the Site in the “Legal notices” section.

 

This document formalizes a contractual relationship between each User and CAMPSIDER and serves as the legal basis for the collection and processing of their personal data.

 

11.2.2. User Consent

When Users browse the Site, CAMPSIDER may install various cookies on the storage space of their terminal (e.g. computer, mobile device).

 

When regulations require it, the User's consent to the registration of these cookies on their terminal is collected by CAMPSIDER according to the terms indicated within the interface provided on the Site for this purpose. When the regulations require it, the User's consent to the registration of these cookies on their terminal is collected by CAMPSIDER according to the terms indicated within the interface provided on the Site for this purpose When the regulations require it , the User's consent to the registration of these cookies on their terminal is collected by CAMPSIDER according to the terms indicated within the interface provided on the Site for this purpose

 

11.2.3. Compliance with a legal obligation to which CAMPSIDER is subject

The processing of Users' personal data implemented by CAMPSIDER may be imposed by a legal obligation incumbent on it (e.g. Decree No. 2011-219 of February 25, 2011 relating to the conservation of data allowing the identification of any person who contributed to the creation of content posted online).

 

11.2.4. Legitimate interests of CAMPSIDER

In certain cases, CAMPSIDER may have a legitimate interest authorizing it to process the personal data of Users (e.g. processing aimed at preventing fraud).

 

In this context, CAMPSIDER ensures that the processing implemented is necessary to achieve its legitimate interest and that it does not infringe the interests and fundamental rights of Users.

 

11.3 PURPOSES OF PROCESSING PERSONAL DATA

 

User data is mainly processed for:

• (i) allow their navigation on the Site;
• (ii) ensure the monitoring and smooth running of the Order (e.g. payment, deliveries, invoicing, accounting).

 

And in the alternative,

• (i) search for Items based on its own location or another location;
• (ii) allow the location of an Article for other Users;
• (iii) prevent and fight fraud (hacking, anti-money laundering, etc.);
• (iv) respond to requests for information made by the User via the “Contact Us” tab of the Site;
• (v) improve navigation on the Site;
• (vi) Communication with Users: sending an email with Order information, or email newsletters;
• (vii) conduct optional satisfaction surveys on the use of the Site;
• (viii) when required by law or in the context of legal proceedings or litigation;
• (ix) manage requests to exercise the rights listed in Article 11.7 below;
• (x) produce statistics on the use of the tool and produce internal reports for CAMPSIDER management teams.

 

CAMPSIDER may use the email address provided to send promotional emails concerning new products, offers or any information that could potentially be of interest to the User of the Site.

 

11.4. CATEGORIES OF PROCESSED DATA

CAMPSIDER may process, as an intermediary between Users, all or part of the following information:

 

• (i) name, first name, postal address, telephone number, and email address;
• (ii) transaction history;
• (iii) advertisements posted online by the User in their Store;
• (iv) Bank details and documents necessary to identify the beneficiaries of transfers issued.

 

11.5. RECIPIENTS OF PERSONAL DATA

All personal data collected and processed by CAMPSIDER are strictly confidential.

 

CAMPSIDER may temporarily and securely transfer certain personal data of Users to third parties only when necessary:

 

• (i) the execution of the Order placed by the User via the Site (e.g. seller, goods delivery provider, payment service provider);
• (ii) the operation and maintenance of the Site (e.g. Site host);
• (iii) in order to respond to an injunction from legal authorities.

 

As such, CAMPSIDER ensures that all of its partners receiving Users' personal data place the protection of personal data at the heart of their mission and undertake to take all measures to ensure security. and confidentiality of personal data.

 

The Site is hosted by Amazon Web Services. The Amazon Web Services privacy policy is available at https://aws.amazon.com/fr/privacy/.

 

As for the Sellers, to whom certain personal data of the Buyers may be communicated, they are subject to an obligation of confidentiality under the terms of the general conditions of sale and use of CAMPSIDER.

 

In addition, when the third party concerned is located outside the European Union, or in a country that does not have adequate regulations within the meaning of the GDPR, CAMPSIDER supervises its relationship with this third party by adopting an appropriate contractual system.

 

11.6. SECURITY OF PERSONAL DATA

This data is stored in France.

 

CAMPSIDER undertakes not to infringe on the privacy of Users and to take all necessary precautions in order to preserve the security and confidentiality of their personal data and in particular to prevent them from being modified, damaged or communicated to persons unauthorized, subject to the obligations that may be incumbent upon it within the meaning of law no. 2004-575 of June 21, 2004 for Confidence in the Digital Economy

 

The User acknowledges and accepts that for the aforementioned period, CAMPSIDER retains all documents, information and records concerning its activity on the Site.

 

11.7. USER RIGHTS

In accordance with applicable legislation, CAMPSIDER Users have the following rights:

 

• (i) right of access (article 15 GDPR) and rectification (article 16 GDPR), updating and completeness of User data;
• (ii) right to block or erase Users' personal data (article 17 of the GDPR), when they are inaccurate, incomplete, equivocal, out of date, or whose collection, use, communication or conservation is prohibited;
• (iii) right to withdraw consent at any time (article 13-2c GDPR);
• (iv) right to limit the processing of User data (article 18 GDPR);
• (v) right to object to the processing of User data (article 21 GDPR);
• (vi) right to portability of the data that Users have provided, when this data is subject to automated processing based on their consent or on a contract (article 20 GDPR);
• (vii) right to define the fate of Users' data after their death and to choose to whom CAMPSIDER must communicate (or not) their data to a third party that they have previously designated.

 

If the User wishes to know how CAMPSIDER uses their personal data, ask to rectify them or oppose their processing, the User can contact CAMPSIDER in writing at the following address: CAMPSIDER - 46 Avenue Gambetta 74000 ANNECY or by email to hello@campsider.com.

 

In this case, the User must indicate the personal data that he would like CAMPSIDER to correct, update or delete, by identifying himself precisely with a copy of an identity document (identity card or passport).

 

Requests for deletion of personal data will be subject to the obligations imposed on CAMPSIDER by law, in particular with regard to the conservation or archiving of documents. Finally, CAMPSIDER Users can file a complaint with the supervisory authorities, and in particular the CNIL (https://www.cnil.fr/fr/plaintes).

 

11.8. STORAGE DURATION

Users' personal data are kept for a period of three (3) years from their last contact with CAMPSIDER.

 

Audience measurement statistics are not kept for a period longer than thirteen (13) months.

 

However, at the end of the aforementioned deadlines, including, as necessary, from the request for deletion from one of the Users, their personal data may be subject to intermediate archiving in order to that CAMPSIDER can meet its legal conservation obligations:

• (i) the contract concluded within the framework of a commercial relationship will be kept for five (5) years from its conclusion;
• (ii) the contract concluded electronically for an amount greater than or equal to one hundred and twenty (120) euros will be kept for two (2) years from its conclusion;
• (iii) banking documents will be kept for five (5) years from their communication;
• (iv) documents relating to order management will be kept for ten (10) years;
• (v) documents relating to billing management will be kept for ten (10) years.

 

Certain data may be archived beyond the planned periods (i) in the event of litigation proceedings in order to establish the reality of the disputed facts; and/or (ii) for the purposes of research, detection and prosecution of criminal offenses with the sole aim of allowing, where necessary, the communication of this data to the judicial authority.

 

Archiving implies that this data is anonymized and can no longer be consulted online but is extracted and stored on an independent and secure medium.

 

After the deadlines set out in this article 11.3, the personal data of Users are deleted.

 

11.9 COOKIES

In order to allow the User not to have to identify themselves each time they access the Site during the same day, except during the first access, CAMPSIDER uses session cookies.

 

These files placed on the computer make it possible to identify the User during each of their connections to the Site.

 

Furthermore, in order to improve the Site, CAMPSIDER uses audience measurement cookies such as the number of pages viewed, the number of visits, the activity of visitors on the Site and their frequency of return using Google services. Analytics.

 

These cookies only allow the establishment of statistical studies on the traffic of visitors to the Site, the results of which are completely anonymous.

 

CAMPSIDER also uses third-party cookies.

 

Third parties authorized to access the data collected in these third-party cookies by CAMPSIDER undertake to use this data in accordance with the provisions of Law No. 78-17 and to respect the privacy of Internet users. The User can access all the information contained in the files in relation to the cookies used by CAMPSIDER in accordance with the provisions of Law No. 78-17:

• (i) either by email to the address hello@campsider.com ;
• (ii) either by registered letter with acknowledgment of receipt to the following address: CAMPSIDER - 46 Avenue Gambetta 74000 ANNECY.

 

When regulations require it, the User's consent to the registration of these cookies on their terminal is collected by CAMPSIDER according to the terms indicated within the interface provided on the Site for this purpose.

 

ARTICLE - 12 RESPONSIBILITY OF THE SELLER

 

The Seller is solely responsible for the proper execution of the sales contract that he concludes with the Buyer, and in particular:

• (iii) its pre-contractual information obligation towards the Buyer;
• (iv) the conformity of the Article with the Advertisement;
• (v) the absence of any hidden defect in the Article;
• (vi) respect for the rights of third parties.

It guarantees CAMPSIDER against any claim from the Buyer in this regard.

 

The Seller guarantees CAMPSIDER against any damage suffered by CAMPSIDER and/or against any liability action which may be brought against CAMPSIDER in respect of an operation carried out by the Seller on the Site.

 

ARTICLE - 13 CAMPSIDER’S RESPONSIBILITY

 

13.1 With regard to the sales contract concluded between the Seller and the Buyer.

The role of CAMPSIDER is solely to connect Sellers and Buyers, for the sale and/or purchase of Items.

 

CAMPSIDER does not intervene in the contractual relations between the Buyer and the Seller, beyond the provision of the Site facilitating their connection.

 

In particular, CAMPSIDER does not act in any way as a representative, broker or agent of one or the other and is completely unrelated to the contractual relations likely to be concluded between the Buyer and the Seller via the Site or otherwise. , directly or indirectly.

 

Consequently, CAMPSIDER, which is not involved in the contractual or extra-contractual relations between the Buyer and the Seller, cannot be responsible, in any capacity whatsoever, for any damage of any nature resulting from these relations, vis-à-vis the Buyer, the Seller or third parties.

 

13.2 With regard to information published on the Site by the User

In its capacity as host of the information published by the User on the Site, CAMPSIDER is subject to the regime of reduced liability provided for in articles 6.I.2 et seq. of law nº2004-575 of June 21, 2004 for Confidence in the 'Digital Economy.

 

13.3. In the event of non-performance of its obligations

CAMPSIDER undertakes to make every effort to ensure the proper functioning of the Site and its accessibility by the User but it is only bound by an obligation of means concerning the continuity of access to the Site.

 

CAMPSIDER does not guarantee the durability or performance of the Site.

 

CAMPSIDER reserves the right to suspend, without notice, access to the Site, temporarily or permanently.

 

It may interrupt access to the Site for reasons including maintenance, updating and in the event of an emergency.

 

The temporary or permanent interruption of the Site will not engage the liability of CAMPSIDER, and will not entitle the User to any compensation.

 

Consequently, CAMPSIDER cannot be held responsible for loss of money or reputation, nor for special, indirect or induced damage resulting from interruption of the Site.

 

Likewise, CAMPSIDER cannot be held responsible for any damage to hardware, software or data (example: viral contamination) suffered by the User as a result of their use of the Site.

 

To avoid inconvenience as much as possible, the User must ensure regular backups of their data and software are carried out.

The User acknowledges using the Site as provided to him, at his own risk and with full knowledge of the facts.

 

CAMPSIDER cannot under any circumstances be held responsible for:

• (i) damage resulting from the User, a third party or a case of force majeure;
• (ii) indirect damage, these being defined in a non-limiting manner as operating losses (turnover, income or profits), loss of opportunities, data, damage to image or reputation , commercial or economic damage, the possible cessation of the User's activity.

 

With the exception of the cases listed above, CAMPSIDER will only be liable for direct and foreseeable damage suffered by the User who uses the Site for purposes falling within the scope of his professional activity, from which it will be established that they result non-performance by CAMPSIDER of its obligations.

 

CAMPSIDER's liability towards Users acting as professionals, in the event that this is recognized by a judicial decision, may not exceed:

• (i) when the Buyer is a professional, the Price of the Item acquired as part of the Order concerned;
• (ii) when the Seller is a professional, the Price of the Seller Item in the context of the Order concerned.

 

CAMPSIDER remains responsible in accordance with the law and cannot exclude or limit its liability in the event of any event for which it would be illegal for CAMPSIDER to exclude liability (e.g. gross negligence, bodily injury).

 

ARTICLE - 14 TERMINATION OF THE GENERAL CONDITIONS

 

14.1 By a User

Each User may request the deletion of their registration on the Site at any time by sending a request to CAMPSIDER:

• (iii) by email to the following address: hello@campsider.com ;
• (iv) by post to the following address: CAMPSIDER - 46 Avenue Gambetta 74000 ANNECY

 

Unsubscription will result in the termination of the General Conditions and the cessation of use of the services offered on the Site. This termination will take effect within thirty (30) working days from receipt of the unsubscription request by CAMPSIDER.

 

Each User still has the right to terminate these General Conditions during the notice period of fifteen (15) days following their notification by email, according to the terms provided for in article 3 above, and must cease, accordingly , to use the services offered on the Site. In this case, the termination will take effect fifteen (15) days after the expiry of the notice period in question.

 

14.2 Pair of CAMPSIDER

 

In the event of termination by CAMPSIDER, it will send the User the reasons for this decision on a durable medium at least thirty (30) days before the termination takes effect.

 

The statement of reasons contains a reference to the specific facts or circumstances, including the content of reports from third parties, which led CAMPSIDER to terminate the contract.

 

The User will be informed of the termination by email, to the address they provided when registering.

 

Termination of the General Conditions will result in the immediate unsubscription of the User.

 

CAMPSIDER reserves the right to terminate the General Conditions automatically and without notice, when:

• CAMPSIDER is subject to a legal or regulatory obligation to terminate the provision of all of its online intermediation services to a User preventing it from respecting this notice period; Or
• CAMPSIDER exercises a right of termination for a compelling reason provided for by national law in accordance with European Union law;
• CAMPSIDER may provide proof that the User has repeatedly violated the General Conditions, leading to the termination of the provision of all intermediation services.

 

CAMPSIDER is not required to provide the statement of reasons if it is subject to a legal or regulatory obligation not to provide the specific facts or circumstances or reference to the applicable reason or reasons or as soon as it can provide the proof that the User has repeatedly violated the General Conditions, under conditions which should result in the termination of the provision of all the intermediation services that it provides on the Site.

 

In any event, termination will take place without prejudice to any damages that CAMPSIDER may claim in compensation for any losses suffered as a result of the breaches alleged against the User.

 

ARTICLE - 15 DURATION OF GENERAL CONDITIONS

 

The General Conditions are concluded for the duration of the User's registration on the Site.

 

ARTICLE - 16 MISCELLANEOUS STIPULATIONS

 

16.1 Independence of the Parties

The Parties acknowledge and accept that they may under no circumstances make a commitment in the name and/or on behalf of one another.

 

In addition, each Party remains solely responsible for its actions, allegations, commitments and services.

 

16.2 Relations between the Parties

The Parties recognize and accept that they act completely independently of each other and, in particular, that CAMPSIDER plays the role of a pure intermediary between Sellers and Buyers, so that it is a third party to the relationships established between them and that the General Conditions can in no case be considered as establishing between the Parties a de facto company, a joint venture or any other situation involving between them any reciprocal representation or solidarity with regard to their creditors respective.

 

16.3 Autonomy of stipulations

If any of the provisions of the General Conditions were to be declared null or inapplicable, with regard to a rule of law in force or a judicial decision which has become final, it will be deemed unwritten.

The other stipulations hereof will remain in force while retaining all their force and scope, as far as possible, the Parties committing, as necessary, to come together in order to replace the void clause with a valid clause. , as close as possible, in its spirit, to the one it is intended to replace.

 

16.4 Non-waiver

The fact that either Party does not claim the application of any of the stipulations of the General Conditions or accepts its non-performance, whether permanently or temporarily, cannot be interpreted and will not constitute no waiver by such Party of its rights hereunder, will in any way affect the validity of all or any part hereof and will not impair the rights of the Party to act accordingly.

 

16.5 Force majeure

Any unforeseeable, irresistible event external to the Parties such as (and not limited to) acts of war or terrorism, criminal acts, riots, natural or industrial disasters, explosions, legal requisitions and other provisions of legislative or regulatory order placing restrictions on the exercise of CAMPSIDER's activity, disruptions to electronic communications networks beyond the control of CAMPSIDER, etc., must be considered as a case of force majeure.

 

In the event of force majeure, CAMPSIDER may be required to suspend the Site.

 

The effects of the General Conditions are then suspended and will resume after the extinction of the force majeure event for the duration of the General Conditions which remained to run at the time of the suspension.

 

16.6 Notification of illegal content

In accordance with the provisions of article 6, I, 7° of law 2004-575 of June 21, 2004, CAMPSIDER is not subject to a general obligation to monitor information hosted on the Site.

 

In the event that the User notices that content posted online on the Platform and/or made accessible via a hyperlink infringes the applicable legal and regulatory provisions, and in particular constitutes manifestly illicit content (e.g. defamatory , denigrating or infringing their intellectual property rights), the User may notify CAMPSIDER by sending an email via the contact form on the Site.

 

The User must communicate to CAMPSIDER all the information necessary to enable CAMPSIDER to identify the content in question, such as:

• (i) his surname, first names, profession, domicile, nationality, date and place of birth (if he is a natural person) or his form, his name, his registered office and the body which legally represents him (if he is a legal entity);
• (ii) the description of the disputed facts and their precise location;
• (iii) the reasons why the content should be removed, including the legal and factual basis.

 

16.7 User access to data concerning them

During the duration of the contract between the User and CAMPSIDER, governed by these General Conditions, the User may access all non-personal data that he has transmitted to CAMPSIDER as part of his use of the Site, by through their Profile according to the terms stipulated in Article 5 above. The User can also, via said Profile, access the non-personal data that he has produced in the context of the use of the Site, as well as certain personal data concerning him, according to the terms and to the extent that those -these are available via the interface of said Profile.

 

On the other hand, he will no longer have such access after the termination of said contract.

 

The User may also access personal data concerning him, during execution and thereafter, within the limit of the retention period of this data by CAMPSIDER as stipulated in article 11.8 above, according to the terms stipulated in Article 11.7 above.

 

ARTICLE - 17 APPLICABLE LAW - DISPUTE

 

17.1 Applicable law

The General Conditions are governed by French law.

 

17.2 Dispute

Except when the User is considered a consumer within the meaning of the preliminary article of the Consumer Code, any dispute relating to the conclusion, interpretation, execution and/or termination of the General Conditions will fall, whatever the nature of the procedure initiated, the exclusive jurisdiction of the Paris courts, including in the event of summary proceedings, incidental requests, warranty claims or even multiple defendants.

The User, who has the status of consumer, can resort to mediation free of charge for any contractual dispute provided that he has previously filed a complaint with CAMPSIDER which has not resolved the said dispute. To do this, he must contact the Mediator of the Professional Federation of e-commerce and distance selling (FEVAD) either by mail at the address 60 rue de la Boétie, 75008 Paris, or on the site at the address http://www.mediateurfevad.fr/.

 

ANNEX A - WITHDRAWAL FORM

Please complete and return the form along with your order number only to the email address hello@campsider.com if you wish to withdraw from the contract.

 

I hereby notify you of my withdrawal from the contract relating to the sale of the Product below:

 

Ordered on:

Received on:

Order number:

Name :

Address :

Date :