Terms and Conditions Campers Caravans B.V.
GENERAL TERMS AND CONDITIONS CLASSIFIEDS
Contact details:
Campers Caravans B.V.
Vijzelgracht 53c
1017 HP Amsterdam
Tel: 020 - 211 10 10
Email: info @ CampersCaravans.nl
Chamber of Commerce number: 77911970
I GENERAL
Article 1. Definitions
In these terms and conditions, the following definitions apply:
Subscription: the Advertisement Agreement between Campers Caravans B.V. and Advertiser regarding the reposting of Advertisements that Advertiser places on its Website, in the Publication;
Advertisement: an expression placed in the Publication, offered for that purpose or - in the case of a Subscription - placed on the Advertiser's Website, in which goods and/or services are offered or requested;
Advertiser: both the Private Advertiser and the Business Advertiser;
Advertisement Agreement: the agreement between Campers Caravans B.V. and Advertiser regarding the placement of one or more Advertisements, which also includes a Subscription;
User: the person who, other than as an Advertiser, uses the Publication;
Private Advertiser: the natural person who is not acting in the exercise of a profession or business and who enters into an Advertisement Agreement with Campers Caravans B.V.;
Publication: the print or digital publication issued by Campers Caravans B.V., including (mobile) websites and (mobile) applications, in which an Advertisement is offered by an Advertiser or for which an Advertiser has concluded an Advertisement Agreement;
Agreement: an agreement between Advertiser and User regarding the purchase of (one or more) products and/or services offered or requested in the Advertisement;
Terms: the present general terms and conditions Classifieds Campers Caravans B.V.;
Website: the Advertiser's website for which the Advertiser enters into a Subscription with Campers Caravans B.V.._
Business Advertiser: the legal entity or natural person acting in the exercise of a profession or business and who enters into an Advertisement Agreement with Campers Caravans B.V..
Article 2. Applicability
- These Terms apply to the relationship between Advertisers respectively Users on the one hand and Campers Caravans B.V. on the other hand. By using the Publication, placing an Advertisement and/or entering into an Advertisement Agreement, the User or Advertiser declares to be familiar with and agree to these Terms.
- These Terms explicitly do not apply to the relationship between Advertisers and Users among themselves. Third parties, such as copyright holders, cannot derive any rights from these general terms and conditions.
- In addition to the present Terms, the General Advertising Terms and Conditions of Campers Caravans B.V. (http://www.Campers Caravans B.V..nl/advertentievoorwaarden) also apply to Advertisement Agreements with Business Advertisers. In case of deviation, the present Terms prevail.
- The applicability of any general terms and conditions of the Advertiser and/or User is excluded.
- If one or more provisions of these Terms are or become invalid, the relevant provision will be replaced by a provision that is valid and that aligns as much as possible with the intention of the invalid provision.
- Campers Caravans B.V. has the right to unilaterally change the Terms. Unless otherwise indicated, the amended Terms will take effect on the date they are published on www.Campers Caravans B.V..nl/voorwaardenclassifieds. As of said date, the amended Terms will also automatically apply to all existing Advertisement Agreements and to any future use of the Publication. In the event of a change to the Terms that results in Campers Caravans B.V. providing a substantially different service than agreed, the Advertiser has the right to dissolve the Delivery Agreement within four (4) weeks after the relevant change takes effect.
Article 3. Advertisement Agreement
- An Advertising Agreement is only concluded after written confirmation by Campers Caravans B.V. to the Advertiser that the Advertisement will be placed, or by publication of the Advertisement in the Publication. The rates and other provisions and rules of conduct as shown in the Publication, as well as the Terms and Conditions, apply.
- Placement in the Publication takes place for 28 days, unless otherwise agreed in writing by Campers Caravans B.V. and Advertiser.
- By entering into a Subscription, the Advertiser grants Campers Caravans B.V., to the extent legally required, permission to fully retrieve, (re)use, copy, and (have) place Advertisements published on the Website, including any photographic material and/or hyperlinks, in the Publication, whether automatically or not, for the duration of the Subscription.
- By offering an Advertisement, the Advertiser grants Campers Caravans B.V. permission to (have) place the information contained in the Advertisement, including any photographic material and/or hyperlinks, in the Publication.
- Campers Caravans B.V. is also entitled to (have) place the Advertisement, in whole or in part, in an altered or unaltered form, in other media of the Campers Caravans B.V. group and/or third-party media, as well as to use it for advertising or commercial purposes for the benefit of the Publication and other media within the Campers Caravans B.V. group. These possibilities are exclusively at the free discretion of Campers Caravans B.V.; the Advertiser cannot claim or object to this and is not entitled to any compensation in this regard. If the Advertisement is placed in any other environment than the Publication, Campers Caravans B.V. is entitled not to include any photos and/or hyperlinks.
- The Advertiser is obliged to ensure without delay that the Advertisement is removed or adjusted as soon as a product or service offered therein is no longer available.
- By removing the Advertisement by the Advertiser, the remaining placement period for that Advertisement automatically expires, without the Advertiser being entitled to a refund of the amount due for the placement of the Advertisement.
- Advertiser indemnifies Campers Caravans B.V. against all damage and any third-party claim arising from the use of the Advertisement in accordance with this article.
- Campers Caravans B.V. uses the services of Mollie for the payment process when placing private advertisements. Both Mollie and Campers Caravans B.V. share data with each other to ensure a smooth payment process. If
- Campers Caravans B.V. uses the financial institution Mollie. Mollie processes data of private advertisers who, by digitally purchasing a product or service from Campers Caravans B.V., are transferred to Mollie's payment services during the payment process. This ensures a secure way of processing the personal data of the Campers Caravans B.V. customer. For more information: Click HERE for Mollie's privacy statement.
Article 4. Dissolution
- A Private Advertiser has the right to dissolve the Advertising Agreement within a period of 14 days after entering into the Advertising Agreement by sending an unambiguous statement to Campers Caravans B.V. to that effect.
- If the execution of the Advertising Agreement has started with the prior consent of the Private Advertiser within the period referred to in paragraph 1 and the Advertising Agreement has been fully fulfilled by Campers Caravans B.V. within that period, the right of dissolution expires at the moment the Advertising Agreement has been fully fulfilled.
- If the execution of the Advertising Agreement has commenced at the request of the Private Advertiser during the period referred to in paragraph 1, but the Advertising Agreement has not yet been fully fulfilled by Campers Caravans B.V., then in the event of dissolution in accordance with paragraph 1 of this article, the agreed remuneration for the period from the start of the placement of the Advertisement until dissolution will be charged (pro rata) to the Private Advertiser.
- The provisions of this article do not apply to Advertising Agreements with Business Advertisers.
Article 5. Reservation of advertising space in Publication
- Reservation of advertising space in a Publication is always subject to availability.
- If, for whatever reason, placement in the reserved advertising space is not possible, Campers Caravans B.V. will, without being liable for any compensation to the Advertiser, endeavor to offer the Advertiser an alternative that is as equivalent as possible, or to return the amount already paid for the relevant Advertisement to the Advertiser.
Article 6. Content and delivery of the Advertisement
- The Advertiser is solely responsible for the content of the Advertisement. Advertisements may not contain expressions that are contrary to applicable laws and/or regulations (including the Dutch Advertising Code), nor may their content infringe on the (intellectual property) rights of third parties. The Advertiser indemnifies Campers Caravans B.V. both in and out of court against third-party claims in this regard and all damage suffered or to be suffered by Campers Caravans B.V. as a result or in connection therewith.
- The Advertiser ensures that the description of an offered product or service corresponds to reality and is accurate, complete, and not misleading.
- The information provided by the Advertiser in an Advertisement or in subsequent contact must be directly related to the product to be sold or sought. The Advertisement may not be used as a general means of communication and may not serve to promote the Advertiser's services and/or products in general.
- Campers Caravans B.V. reserves the right to remove Advertisements prematurely without stating reasons, to shorten or change the texts of Advertisements, and/or to remove hyperlinks or photographic material. Campers Caravans B.V. will do so in any case, but not exclusively, if the Terms and Conditions or the rules of conduct of Campers Caravans B.V., as published in the Publication, have been violated, or if there is otherwise unlawful conduct. In the latter case, the Advertiser will not be entitled to a refund or any form of compensation.
- The Advertisement must be submitted to Campers Caravans B.V. before the closing time indicated by Campers Caravans B.V. and in accordance with the specifications announced by Campers Caravans B.V.. The Advertiser bears the risk of correct and timely submission of the Advertising material, regardless of the method of dispatch.
- Campers Caravans B.V. is entitled not to place Advertisements that are submitted after the closing time or not in accordance with the requirements stated in this article, or to charge the Advertiser for the extra costs involved in placing them, without prejudice to the Advertiser's obligation to pay an amount that Campers Caravans B.V. deems reasonable, up to a maximum of the full amount involved with the relevant Advertisement.
Article 7. Rate and payment
- For certain Advertisements, the Advertiser must pay. The applicable rates are indicated in the Publication or on the Publication's website. All rates are exclusive of VAT, unless stated otherwise.
- If there is a paid Advertisement, the Advertisement will be placed in the Publication after Campers Caravans B.V. has received the amount due for the Advertisement.
- In case of payment via direct debit, the amount will be debited by Campers Caravans B.V. immediately after the pre-notification of the debit.
Article 8. Credit
- In some cases, the Advertiser can build up a credit with Campers Caravans B.V. that can be used for the payment of Advertisements to be placed in the future.
- Accrued credit can only be used for the placement of Advertisements. The credit will not be paid out in cash.
- Unless otherwise agreed, credit expires one year after the credit is created.
Article 9. Liability
- Campers Caravans B.V. devotes constant care and attention to the content, composition, functioning and availability of its Publication. Nevertheless, Campers Caravans B.V. gives no guarantees regarding the completeness, accuracy or reliability of the content of the Publication, or regarding the functioning and availability of the Publication, nor does Campers Caravans B.V. guarantee that the information contained in the Publication is suitable for the purpose for which it is consulted.
- Campers Caravans B.V. is not liable for damage that directly or indirectly results from the use that Advertisers or Users make of the Publication or the - whether temporary or not - reduced or non-functioning of the Publication. Campers Caravans B.V. is not liable for the conduct of Advertisers or Users, for the content of Advertisements, for the products and services offered and for the consequences of the conclusion of an Agreement between Advertiser and User.
- Any liability of Campers Caravans B.V. for its obligations under an Advertising Agreement is furthermore limited to a maximum of the total amount that the Advertiser has paid or owes for the placement of the relevant Advertisement.
- With regard to Business Advertisers, the condition for the creation of any right to compensation is that the Business Advertiser reports the damage to Campers Caravans B.V. in writing as soon as possible after its occurrence. If no written report has been made to Campers Caravans B.V. within eight days after the occurrence of the damage or the moment when that damage could reasonably have been discovered, all rights of the Business Advertiser under this article will lapse.
- Any liability of Campers Caravans B.V. for indirect damage of Advertisers or Users, including consequential damage, lost profit, missed savings, damage due to business stagnation and damage due to loss of data, is expressly excluded.
Article 10.
Creating an account
If a Publication offers the possibility to create an account, the following conditions apply:
- The data to be provided when creating an account must be complete and correct;
- Users and Advertisers under the age of 16 must have permission from their parents or legal representatives to create an account. By creating an account, the User or Advertiser guarantees that he is 16 years or older or has permission from his parents or legal representatives;
- It is not permitted to create an account in someone else's name or to assume a false identity;
- The User or Advertiser is responsible for keeping his username/login code and password strictly confidential;
- The User or Advertiser is not permitted to grant third parties access to a Publication using his account;
- The User or Advertiser is fully responsible and liable for all use of his username/login code and password and for all actions performed via his account.
- If and as soon as a User or Advertiser suspects that their login code, password, account and/or identity is being used unlawfully, they must immediately inform Campers Caravans B.V. In that case, Campers Caravans B.V. is entitled to take all measures it deems necessary to protect its Publication and the other users, and the User or Advertiser must fully cooperate;
- Campers Caravans B.V. reserves the right to refuse or delete an account or to block access to an account, temporarily or otherwise, if (there is a suspicion that) the User or Advertiser is acting or has acted in violation of the Terms and Conditions or the rules of conduct of Campers Caravans B.V., as published in the Publication, or is otherwise acting unlawfully.
Article 11. Bidding
- Bidding on advertised products via the Publication is without obligation and serves as an opportunity for the Advertiser and the User to connect. The eventual conclusion of an Agreement takes place in direct contact between the Advertiser and User. Campers Caravans B.V. is in no way a party to this.
- It is expressly not intended that bids be placed on Advertisements if the User is not genuinely interested. Misuse of bidding in the Publication will not be tolerated and may result in exclusion from use.
Article 12. Feedback
- In some cases, the Publication offers Users the opportunity to provide feedback regarding the progress of the Agreement with an Advertiser. If, in the opinion of Campers Caravans B.V., the User abuses the possibility of providing feedback, for example by using offensive language, Campers Caravans B.V. may block this User's access to the Publication.
- Advertisers are not permitted to provide feedback on their own Advertisement in the Publication (whether or not by using other email addresses).
Article 13. Privacy
- In the context of the operation of the Publication, personal data is collected. The controller for the processing of this personal data is Campers Caravans B.V. in Amsterdam.
- The Cookie and Privacy Statement of Campers Caravans B.V. applies to the processing of the data mentioned in paragraph 1 of this article.
- Users and Advertisers are only permitted to use (personal) data obtained via the Publication and/or contact forms in the Publication for the purpose of concluding a possible Agreement. Use for any other purpose, including sending (unsolicited) communication the content of which is not directly related to the content of the Advertisement, regardless of whether it concerns messages of a commercial nature, and collecting email addresses of Users and/or Advertisers, is prohibited.
Article 14. Security
- Campers Caravans B.V. will reasonably endeavor to secure its systems against loss and/or against any form of unlawful use and will take appropriate technical and organizational measures for this purpose, taking into account, among other things, the state of the art.
- However, Campers Caravans B.V. is not liable for loss of data, damage to files, unauthorized access to computers or files, viruses or other unlawful programs or files distributed via Advertisements, or any other consequence of the use made of the Publication.
- It is forbidden to (attempt to) circumvent, disable or otherwise influence the security of the Publication or parts thereof, or to (attempt to) hinder or restrict its use by third parties.
Article 15. Third-party sites and services
- The Publication and Advertisements may contain references (for example, by means of a hyperlink, banner or button) to third-party websites. Campers Caravans B.V. has no control over these websites and is not responsible for the content of these websites.
- If and insofar as services of external service providers are used, the terms and conditions and privacy rules of these service providers apply. Campers Caravans B.V. is not responsible for the legal acts or policy of these service providers.
Article 16. (Deep)linking to and scraping of the Publication
- Campers Caravans B.V. generally allows Users to place (deep)links to the Publication on other websites, as long as these (deep)links provide a correct, current and complete search result on the Publication. Campers Caravans B.V. is entitled to withdraw this permission at any time, at its own discretion and without stating reasons, by means of a written notification to the User. The User must then remove and keep removed the (deep)links to the Publication within one week of receiving the notification.
- The use of software or any automated system to obtain information from the Publication ("scraping") is prohibited, unless this is done with the explicit permission of Campers Caravans B.V. and the functionality offered by Campers Caravans B.V. is used (for example, an API connection).
Article 17. Exclusion
Campers Caravans B.V. reserves the right to exclude Advertisers and Users from any use of the Publication if they act in any way contrary to the law, public order, morality and/or the Terms and Conditions, without prejudice to the right of Campers Caravans B.V. to take legal action and/or claim damages.
Article 18. Intellectual property rights
- All (intellectual) property rights to the Publication, including copyright, trademark, database and trade name rights, rest exclusively with Campers Caravans B.V. and/or its licensor. The foregoing does not apply to the content of placed Advertisements. The (right to) use of a Publication by no means implies the existence of any transfer, license or other right of use with regard to these rights to the User.
- Campers Caravans B.V. expressly reserves the copyrights with regard to the Publication. It is therefore - without the prior permission of Campers Caravans B.V. - not permitted to reproduce or disclose the Publication in whole or in part in any way, with the exception of the deep links permitted under Article 16. Stating Campers Caravans B.V. as the source does not change this.
- For the complete or partial reproduction or other disclosure of a Publication, the User must request prior permission from the editorial staff and/or publisher of the relevant Publication. Whether this permission is granted and under what conditions is determined on a case-by-case basis and the user cannot invoke previously granted permission or permission granted to third parties. Taking over content with permission may incur costs, the amount of which will be determined by Campers Caravans B.V.
- If the User infringes the rights of Campers Caravans B.V., he is responsible for all damage suffered by Campers Caravans B.V. as a result, including the costs of investigation and legal assistance.
Article 19. Choice of law and dispute resolution
- Dutch law applies to these Terms and Conditions.
- Disputes concerning the Advertising Agreement and/or these Terms and Conditions shall be submitted exclusively to the competent court in Amsterdam.
A Private Advertiser and a User who is not acting in the exercise of his profession or business may also submit a dispute regarding the Advertising Agreement and/or these Terms and Conditions to the European platform for online dispute resolution (http://ec.europa.eu/consumers/odr/).
Our terms were last changed on June 03, 2018.