Terms of use

Article 1 — Definitions

In short: this is what we mean by certain words.

• Platform: the website www.camperbay.nl, including its mobile presentation and all connected functions and services.
• Listing: a publication placed on the Platform offering a motorhome, caravan, folding trailer, part or accessory for sale.
• Advertiser: any natural or legal person who places a Listing, whether private or business.
• Private Advertiser: a natural person who places a Listing without acting in the course of a trade, business or profession (a consumer).
• Business Advertiser: a legal person, or a natural person acting in the course of a trade, business or profession, including dealers, dismantlers and repair shops. On the Platform such an advertiser selects the “Business” account type at registration.
• User: anyone who visits the Platform, whether or not they hold an Account or place a Listing.
• Account: the personal environment a User creates on the Platform.
• User Content: all content placed on the Platform by a User, including Listings, photographs, messages, reviews and profile details.
• Fitment Information: the indication on the Platform of whether a part fits a particular model of motorhome or caravan, including the accompanying status described in Article 6.
• Contract between Users: a contract of sale concluded directly between two Users. CamperBay is not a party to it.
• Terms: these terms of use.

Article 2 — Scope and amendment

In short: these rules apply as soon as you use the Platform. We may change them, but we announce it in advance and you can stop.

1. These Terms apply to every form of use of the Platform. By visiting the Platform, creating an Account or placing a Listing, the User accepts these Terms.
2. These Terms expressly do not apply to the legal relationship between Users. What a buyer and a seller agree with one another is a matter for them.
3. The applicability of any general terms of a User or Advertiser is expressly rejected.
4. We may amend these Terms. An amendment is published on the Platform at least thirty (30) days before it takes effect and is additionally announced by e-mail to Users with an Account. Anyone who does not wish to accept the amended Terms may close their Account free of charge before the effective date; continued use after that date constitutes acceptance.
5. The period in paragraph 4 does not apply to amendments required by mandatory law or by a decision of a competent authority, or which are exclusively to the User’s advantage. These may take effect earlier.
6. If any provision of these Terms is void or voidable, the remaining provisions remain in full force. The provision concerned will be replaced by a valid provision that comes as close as possible to the purpose and intent of the original.

Article 3 — Account

In short: give accurate details, use your account yourself, and keep your password secret.

1. An Account is required to place Listings, send messages and use certain other functions. The details provided at registration must be accurate and complete and must be kept up to date.
2. At registration the User chooses between a private and a business account. Anyone acting in the course of a trade, business or profession is obliged to use a business account and to state the company name and registration number. This is not a formality on our part; it follows from the information obligations that apply to traders.
3. An Account is personal. It is not permitted to create an Account in someone else’s name, to assume a false identity or capacity, or to transfer an Account to a third party.
4. An Account may only be created by persons aged 16 or over. If the User is under 16, the consent of a parent or legal guardian is required.
5. The User is responsible for keeping their login details confidential and for all use made through their Account. If unauthorised use is suspected, the User must change their password without delay and inform us.
6. The User may close their Account at any time. Closure does not affect obligations that arose before that moment.

Article 4 — Placing a listing

In short: you decide what you offer and at what price. Once it is sold, take the listing down.

1. A Listing appears on the Platform as soon as the Advertiser publishes it. We do not review Listings in advance; the fact that a Listing is visible therefore does not mean we have approved its content.
2. A Listing remains visible until the Advertiser removes it or until we remove it on the basis of these Terms. There is no fixed listing period.
3. The Advertiser must remove or amend a Listing without delay as soon as the item offered is no longer available or a stated detail is no longer accurate.
4. By placing a Listing, the Advertiser permits us to display its content on the Platform and — unchanged or shortened, and always with a reference to the original Listing — in search engines, on overview pages and in communications promoting the Platform or the Listing itself. No remuneration is due for this.
5. A Listing may relate only to one specific item offered. Using a Listing as a general advertising medium, or as a pointer to an external sales channel, is not permitted.
6. The Advertiser indemnifies us against third-party claims arising from the content of their Listing or from the item offered.

Article 5 — Listing content and prohibited use

In short: describe honestly what you are selling, and do not use the Platform for anything unlawful or misleading.

1. The Advertiser is solely responsible for the content of their Listing. The description, photographs, stated condition and price must be accurate, complete, not misleading, and consistent with reality.
2. A Business Advertiser is additionally bound by the statutory information obligations that apply to traders, including stating their identity and informing consumers of their statutory rights. Sales by a trader to a consumer are subject to mandatory consumer law, including the statutory conformity requirement; those rights cannot be limited by these Terms.
3. It is prohibited to place content or perform acts through the Platform that are contrary to the law, public order, public morality or the rights of third parties.
4. In particular, it is not permitted to:
   1. offer stolen, handled or counterfeit goods;
   2. offer goods whose sale is prohibited by law or subject to a licence;
   3. offer vehicles or parts whose identification number has been removed, altered or made illegible;
   4. misrepresent the mileage, year of manufacture, condition, origin or damage history of a vehicle;
   5. offer safety-relevant parts known to be defective, recalled or no longer permissible, without expressly stating this;
   6. place discriminatory, threatening, harassing or otherwise unlawful content;
   7. collect or use the contact details or other personal data of Users for any purpose other than concluding a specific Contract between Users;
   8. use the Platform for unsolicited commercial communication.
5. We may refuse, amend, temporarily hide or remove a Listing that conflicts with these Terms or with applicable law, or where there are well-founded indications of such a conflict. We inform the Advertiser, stating the reasons, unless the law requires otherwise. Articles 11 and 17 apply accordingly.

Article 6 — Fitment information and the garage

In short: we help you see whether a part fits your caravan, but that is help — not a guarantee. Always check the dimensions.

1. The Platform allows a motorhome or caravan to be saved (the “garage”) and then shows which offered parts might fit it. This function is the core of the Platform and therefore warrants express explanation.
2. Fitment Information on the Platform always carries a status indicating what it is based on:
   1. Confirmed — the link between part and model is recorded as such in the Platform’s data;
   2. Stated by seller — the indication rests solely on a statement by the Advertiser;
   3. By attribute — the indication is derived from matching technical attributes, not from the model name alone;
   4. Universal — the part has been marked by the Advertiser as fitting virtually every model.
3. Fitment Information is informative in nature and constitutes no undertaking, guarantee or agreed characteristic. It does not relieve the User of the obligation to check the dimensions, connections and technical suitability themselves before purchase and, where necessary, to ask the Advertiser.
4. For parts affecting road safety or the safety of persons — including brakes, couplings, chassis components, gas installations and electrical installations — fitting and inspection must be carried out by a suitably qualified professional, in accordance with the applicable technical and legal requirements.
5. Brand, model and type designations are used solely to indicate what a part fits. They imply no connection with, or approval by, the manufacturer concerned.

Article 7 — The role of CamperBay

In short: we are the marketplace, not the seller. We hold no money and are not a party to your purchase.

1. We provide only a technical platform through which Users can come into contact with one another. We are not a seller, not a buyer, not a representative of either, and not a party to any Contract between Users.
2. We provide no payment services. No payment is processed, no money is held, and no escrow, guarantee or purchase protection is offered through the Platform. Payment, delivery, collection and shipping are arranged solely between Users and are entirely at their risk.
3. We do not verify the identity of Users, nor the quality, safety, lawfulness or accurate description of items offered, nor an Advertiser’s authority to sell them. Figures shown on the Platform for a seller’s number of listings, reviews, followers or membership year are factual representations and imply no judgement or recommendation by us.
4. Given the sums that can be involved with motorhomes and caravans, we strongly advise: inspect the vehicle in person, check the documents and the identification number, be alert to requests for advance payment and to invitations to communicate outside the Platform, and preferably pay only on collection, after checking.
5. We are a hosting service within the meaning of Regulation (EU) 2022/2065 (Digital Services Act). We are under no general obligation to monitor the information stored on the Platform. Carrying out voluntary checks or handling reports does not alter that status.

Article 8 — Contact, offers and the contract between users

In short: messages and offers run through our system, but you conclude the sale yourself.

1. Users can contact one another through the Platform’s messaging system. An offer made through the Platform is a message between Users; the Platform has no function by which an offer is bindingly accepted or rejected, and it processes no resulting payment.
2. Whether, and on what terms, a Contract between Users comes about is determined solely by what those Users agree with one another and by the applicable law. We are not a party to it and do not act as an intermediary in the legal sense.
3. Misuse of the messaging or offer function is not tolerated. This includes making offers without genuine interest, approaching Users for purposes other than a specific transaction, and repeatedly sending unwanted messages.
4. Messages between Users are stored for as long as is necessary for the operation of the service and for handling reports and disputes. We do not systematically read these messages, but may access them where necessary in response to a report, a suspicion of misuse or a legal obligation.

Article 9 — Reviews, following and other user content

In short: only write honest reviews based on a real experience.

1. Users can review and follow sellers. A review must be based on an actual experience with the seller concerned, must be factually accurate and must not be needlessly offensive.
2. It is prohibited to place, or arrange for the placing of, reviews not based on an actual experience, to trade in or pay for reviews, or to review oneself. Placing or commissioning inaccurate reviews may constitute an unfair commercial practice.
3. We may remove a review that conflicts with this article or with Article 5. We do not alter the content of reviews and do not remove a review merely because it is negative.
4. Displayed averages and counts reflect the reviews placed on the Platform and constitute no quality mark or recommendation by us.

Article 10 — Costs

In short: right now it costs nothing. If that changes, we will say so in advance and ask for your agreement again.

1. Creating an Account, placing Listings and using the Platform’s other functions are currently free of charge. No paid services are offered at present and no payment is processed through the Platform.
2. We reserve the right to offer paid services in future, for example featuring a Listing. Where the Platform states that a function is free in the first year, that is an announcement of this intention and not an existing payment obligation.
3. A paid service comes about only after the rates have been clearly stated in advance and the User has expressly agreed to them. A Listing already placed does not become chargeable retroactively.
4. Once paid services are offered, a Private Advertiser has the statutory right to withdraw from the contract within fourteen (14) days without giving reasons. If the Private Advertiser expressly requests that performance begin within that period, a proportionate amount is payable on withdrawal for what has already been performed; if the service has been fully performed within that period at their request, the right of withdrawal lapses. This paragraph does not apply to Business Advertisers.

Article 11 — Reporting unlawful content

In short: see something wrong? Report it with the button on the listing. We look into it and tell you what we decided.

1. Any User may report to us content they consider unlawful or contrary to these Terms. A report button is provided on every Listing; a report may also be sent to [reports@camperbay.nl].
2. A report contains at least the location (URL) of the content concerned, an explanation of why the reporter considers it unlawful, and the reporter’s contact details, unless the report concerns a criminal offence where anonymity is justified.
3. We acknowledge receipt of a report, assess it in a timely, diligent and non-arbitrary manner, and inform the reporter of the decision taken and the grounds for it. Where we remove content or make it inaccessible, we also inform the User concerned of that decision and its grounds.
4. The User concerned may object to a decision under paragraph 3 within six (6) months, at the address given in paragraph 1. We reconsider any timely, reasoned objection and inform the User of the outcome. This does not affect the possibility of bringing the dispute before an out-of-court dispute settlement body or a court.
5. Repeatedly submitting manifestly unfounded reports, as well as repeatedly placing manifestly unlawful content, may lead to measures under Article 17.

Article 12 — Liability

In short: we work to keep the Platform running, but we are not liable for what users do or offer. Your statutory consumer rights always remain.

1. We make efforts to ensure the availability and proper functioning of the Platform, but do not guarantee uninterrupted or error-free operation, nor the accuracy or completeness of the information placed on it.
2. We are not liable for:
   1. the content of Listings, messages, reviews and other User Content;
   2. the conduct of Users, including non-performance of a Contract between Users and fraudulent conduct;
   3. the characteristics, condition, safety or suitability of items offered, including the Fitment Information referred to in Article 6;
   4. damage resulting from the Platform being wholly or partly unavailable.
3. Our liability is in all cases limited to compensation for direct damage and to no more than the amount the User concerned has paid us in the twelve (12) months preceding the event causing the damage. As use of the Platform is currently free of charge, that amount is presently nil.
4. Liability for indirect damage, including consequential loss, lost profit, missed savings and loss of data, is excluded.
5. The limitations in this article do not apply in the event of intent or wilful recklessness on our part or that of our managerial staff, in the event of damage arising from death or personal injury, or in so far as exclusion or limitation is not permitted under mandatory law. Consumers’ statutory rights remain fully in force.

Article 13 — Personal data

In short: we handle your data carefully. Other people’s details obtained through the Platform may only be used for that one transaction.

1. We process personal data when the Platform is used. In doing so we are the controller within the meaning of the General Data Protection Regulation (GDPR).
2. Which data we process, for what purpose, on what legal basis and for how long, as well as the rights of the data subject, are described in the [privacy policy], which is available on the Platform.
3. Details of other Users obtained through the Platform may be used only with a view to the relevant prospective or concluded Contract between Users. Any other use — including inclusion in a file, disclosure to third parties and sending unsolicited communications — is prohibited and may constitute a separate infringement of the GDPR.
4. A Business Advertiser who itself processes personal data when using the Platform is an independent controller for that processing and must comply with the obligations that apply to it.

Article 14 — Security

In short: we secure the Platform; you do not try to get around that security.

1. We take appropriate technical and organisational measures to protect the Platform and the data stored in it against loss and unlawful use.
2. It is prohibited to circumvent, disable or test the Platform’s security measures, to distribute malicious software, or to impair others’ use of the Platform, including by automated requests exceeding its normal load.
3. Anyone discovering a vulnerability is asked to report it responsibly and solely to us at [reports@camperbay.nl], and not to exploit or disclose it further than is necessary to demonstrate it.

Article 15 — Intellectual property rights

In short: the Platform is ours, your photos and texts stay yours — we may use them only to show your listing and to promote the Platform.

1. All intellectual property rights in the Platform and its elements, including copyright, trade mark, database and trade name rights, vest in us or in our licensors. This does not apply to User Content.
2. Rights in User Content remain with the User concerned. By placing User Content, the User grants us a non-exclusive, worldwide, royalty-free licence to use, store, reproduce, adapt in size or format and communicate that content to the public, solely to the extent necessary for the operation and promotion of the Platform as described in Article 4(4).
3. This licence ends when the User Content is removed from the Platform, on the understanding that back-ups already made and copies already stored by search engines or third parties may persist for the usual period, and that the licence continues in so far as necessary for handling a report, a dispute or a legal obligation.
4. The User warrants that they hold the rights needed to grant this licence and that the User Content does not infringe third-party rights. Placing photographs taken from another listing, website or catalogue is not permitted without the rights holder’s consent.
5. Some parts of the Platform rely on third-party data supplied under its own licence; the required attribution is shown on the Platform and may not be removed.

Article 16 — Links, third-party services and scraping

In short: linking to us is fine; automatically harvesting our data is not.

1. The Platform and Listings may contain references to third-party websites or services. We have no control over these and are not responsible for their content or policies.
2. Placing links to the Platform is permitted, provided this produces an accurate and complete result and does not suggest a collaboration or endorsement that does not exist. We may withdraw this permission.
3. Automated reading, copying or re-use of data from the Platform (“scraping”), as well as the extraction or re-use of substantial parts of the database it contains, is not permitted without our prior written consent. Statutory exceptions, including those for scientific research, are unaffected.

Article 17 — Measures, blocking and termination

In short: if you break the rules we can step in — proportionately to what happened, and with an explanation.

1. In the event of conduct contrary to these Terms or to the law, we may take measures including removing or hiding content, restricting functions, temporarily blocking an Account and, as a last resort, terminating an Account.
2. We choose the measure proportionate to the nature and seriousness of the breach, taking into account among other things whether it is a one-off or repeated breach and whether it was committed intentionally. We inform the User concerned of the measure and its grounds, unless the law requires otherwise, and point out the objection procedure in Article 11(4).
3. In the event of a serious breach, including offering stolen goods, identity fraud or fraud, we may terminate an Account immediately and without prior warning and report the matter to the authorities.
4. A measure gives rise to no right to compensation and does not affect our right to take further legal action.

Article 18 — Force majeure

In short: where disruption is beyond our control — a major internet outage or a cyber attack — we cannot always deliver.

We are not obliged to perform any obligation where we are prevented from doing so by a circumstance not attributable to us. This includes disruption or failure of internet, telecommunications or power supply, cyber attacks, and failures by third parties engaged by us such as hosting providers.

Article 19 — Final provisions

In short: if the business is transferred, these arrangements go with it. You will hear about it in advance.

1. We may transfer our rights and obligations under these Terms to a third party in the context of a takeover or reorganisation of (part of) our business. We announce such a transfer on the Platform in advance; the User may then close their Account free of charge.
2. Notices to us must be sent to the contact details given at the top of these Terms.
3. These Terms are drawn up in Dutch and are also provided in German, French and English. In the event of any discrepancy between the versions, the Dutch text prevails, unless mandatory law provides otherwise in relation to a consumer.

Article 20 — Governing law and disputes

In short: Dutch law applies. As a consumer you may always go to the court where you live, and there is a European portal for online disputes.

1. These Terms and the use of the Platform are governed by Dutch law.
2. Disputes are submitted to the competent court in [district]. In relation to a consumer this applies only in so far as mandatory law does not preclude it: a consumer retains at all times the right to bring the dispute before the court of their place of residence, and may rely on the mandatory provisions of the law of the country in which they live.
3. A consumer may in addition submit a dispute to a recognised out-of-court dispute settlement body. Information on online dispute resolution within the European Union is available from the European Commission.