Welcome to www.airsoftbazaar.com (the "Website").
These terms of use ("Terms of Use") are applicable from November 8, 2018, to every use of the Website whether via your computer, mobile device, or any other software application, to all services provided by Airsoft Bazaar, and to all agreements that Airsoft Bazaar enters into for the use of the Website and the services. By visiting our Website, you agree to these Terms of Use. We advise everyone who uses the Website or any of these services (a "User") to read these Terms of Use in advance. Airsoft Bazaar may modify these Terms of Use from time to time. We therefore recommend that you read them regularly.
1. Privacy Protection
Our Privacy Statement explains how we handle your personal data and how we protect your privacy when you use our Website.
2. Age of Majority
The services of Airsoft Bazaar are only accessible to adult users, and in the case of a user residing in the Netherlands, an additional requirement is that the user must possess a valid NABV membership. When creating an account, the date of birth is requested, and if applicable, the NABV membership number. This number is checked for validity.
3. Prohibited Use of the Website
The content of the Website may not be copied, reproduced, and/or made public by the User, except for linking own advertisements to Social Media. It is not permitted for the User to modify the content of the Website other than as described in these Terms of Use.
It is not permitted for the User to collect personal data of Users who place an Advertisement on the Website ("Advertisers") (including email addresses and phone numbers) and/or approach Advertisers to offer their own products and/or services.
4. Misuse of the Website and the Consequences
For your safety and to prevent misuse, email addresses are shielded by Airsoft Bazaar. Your response to an advertisement and any subsequent messages between buyer and advertiser are sent via the servers of Airsoft Bazaar.
To report illegal and infringing advertisements, offensive content, and other problems, please use the contact form; this way, we can work together to keep the site as clean and safe as possible.
If we receive indications and/or complaints from other users or for other reasons believe that a certain User is not acting in accordance with the law and/or the Terms of Use and/or the Privacy Statement, then we may - if we see fit - take measures for security reasons and to protect our users. Airsoft Bazaar may also take these measures if you use the Website unreasonably, for example, if your use hinders other users or disrupts the proper functioning of the Website:
Airsoft Bazaar may exclude the respective User from the services of Airsoft Bazaar or limit certain functionalities for this User. You can think of, for example, suspension of the account of the respective User, deletion of reviews, limited ability to place advertisements or reactions; and/or Airsoft Bazaar may delete one or more Advertisements of the User without refunding any amount paid by the User, if applicable.
5. No Guarantees
We cannot guarantee that our services will always meet your expectations. We also cannot guarantee that the Website operates without errors and/or that continuous and/or secure access to the Website or parts thereof can be obtained.
All information and numbers on the Website are subject to spelling or typing errors.
6. Limitation of Liability Airsoft Bazaar
To the extent legally permitted, we exclude liability for all damages a User suffers by
(i) use of the services of Airsoft Bazaar;
(ii) the unavailability or unsafe availability of the Website or parts thereof;
(iii) incorrect information on the Website;
(iv) procurement of services from third parties or use of products purchased via the Website; or
(v) changes in the services of Airsoft Bazaar or changes in or on the Website.
If, for any reason, we are liable, our liability is limited to the total fees the User has paid to Airsoft Bazaar.
7. Changes to the Services and the Website
Airsoft Bazaar can change the Website or parts thereof at any time. We can also change or terminate our services at any time. We will strive to announce such a change or termination within a reasonable period before it is implemented.
8. Third-party Websites and Services
The Website contains references to third-party websites (for example, through a hyperlink or banner). Airsoft Bazaar has no control or influence over the content of these websites. The (privacy) rules of that particular website apply on these websites. If you have questions about these rules of third-party websites, we refer you to their respective websites. This also applies to the use of services from external service providers, such as third-party payment services. The use of these services will then be subject to the (privacy) rules of the respective service provider.
9. Miscellaneous Provisions
Airsoft Bazaar may change the Terms of Use or parts thereof at any time. We will strive to announce such a change within a reasonable period before it takes effect. The changes become effective within a reasonable period after they have been announced, or after you have used the Website and/or the services of Airsoft Bazaar again after the change, whichever occurs first.
If we do not enforce a provision in the Terms of Use, it does not imply that we waive the right to enforce it at a later time or against another User. Agreements that deviate from what is determined in the Terms of Use are only valid if they are confirmed in writing by Airsoft Bazaar. If one or more provisions of the Terms of Use are declared invalid by a competent court, this does not affect the remaining provisions of the Terms of Use.
These Terms of Use constitute the entire agreement between Airsoft Bazaar and you and replace all previous agreements. The agreements resulting from all services of Airsoft Bazaar and the Terms of Use are governed by Dutch law. In the event of a dispute arising from these agreements or from the Terms of Use, only the Dutch court will have jurisdiction.
1. Airsoft Bazaar is an Advertisement Platform
Airsoft Bazaar offers a platform where an Advertiser can place Advertisements and a User can view these Advertisements. Airsoft Bazaar is not a party to the agreement that is concluded between an Advertiser and a User. Advertisers and Users must resolve mutual disputes themselves. Airsoft Bazaar cannot be held liable in this.
2. General Rules for Posting an Advertisement on the Website
2.1 Advertisements placed by an Advertiser on the Website must comply with the following general rules.
2.2 Creating an Advertisement:
a. Only one specific product may be offered in each Advertisement.
b. Each title and text of an Advertisement must contain a sufficiently concrete description of the offered product.
c. Titles and texts of Advertisements may only be drafted in Dutch or English.
d. It is not allowed to place free Advertisements more than once on the Website. It is not allowed to have multiple identical Advertisements on the Website simultaneously. It is not allowed to offer the same object in more than one Advertisement at the same time on the Website. It is not allowed to place multiple identical Advertisements or multiple Advertisements for the same object or service using more than one account.
e. Every Advertisement must be placed in the most appropriate category.
2.3 Prohibited Advertisement Content:
a. The title and text of the Advertisement may not be misleading, inaccurate, or incorrect. The title and text should correctly and clearly describe the product offered for sale or the service offered.
b. An Advertisement may in no case contain discriminatory, pornographic, abusive, threatening, or inciting content. Nor may the content contain political messages and personal data of third parties or be in violation of public order or good morals.
c. It is not allowed to place an Advertisement with the sole purpose of directly or indirectly promoting a business.
e. It is not allowed to place photos in an Advertisement that do not relate to the offered product or service.
f. It is not allowed to mention websites or include links to websites that are wholly or partially filled with links to advertising websites or to advertisements that are mainly aimed at processing advertising income by generating clicks.
g. It is not allowed to place Advertisements that are only placed to generate clicks on a certain website.
2.4 Illegal or Unlawful Products
It is not allowed to offer products that are illegal or unlawful or whose trade is prohibited.
Both the Advertiser and the User must always be careful when offering and responding to products. Advertisers and Users are expected to know the laws and regulations regarding the respective product themselves. We advise you to seek further information or advice in case of doubt, for example on the website of the respective regulator.
3. Placing an Advertisement
3.1. Placing an advertisement
An Advertiser places his Advertisement via the 'Create new advertisement' button on the Website. Before an Advertiser can place an Advertisement, he must first log in.
It is not allowed to provide your login details to third parties. It is not allowed to use login details of third parties to place Advertisements.
3.2. Conclusion of the Advertisement Agreement between Airsoft Bazaar and the Advertiser
a. After the Advertiser has logged in, he can create an Advertisement via the 'Create new advertisement' button. By clicking on the 'Post advertisement' button during creation, the advertisement agreement (the "Advertisement Agreement") between Airsoft Bazaar and the Advertiser for free Advertisements comes into effect. For paid Advertisements, the Advertisement Agreement comes into effect at the moment the payment procedure on the Website is completed.
3.3. Period an Advertisement Remains on the Website
Advertisements for which no special rules apply remain on the Website for at least 28 days, provided that the applicable (payment) conditions are met and the Advertiser does not remove the Advertisement himself. For Advertisements for which special rules apply, you will see the conditions on our Website before placing your Advertisement.
If the product offered in the Advertisement is sold, the Advertisement must be removed. Upon the sale of the product offered in the Advertisement, the Advertisement Agreement between you and Airsoft Bazaar ends, and Airsoft Bazaar has fully met its obligations under the Advertisement Agreement.
4. Right of Withdrawal
4.1 The right of withdrawal as referred to in Article 6:230o of the Dutch Civil Code may apply to the placement of an Advertisement in certain cases.
4.2 The right of withdrawal does not apply in any case to Advertisements that have been removed from the Website under the provisions of the Terms of Use (including under Chapter I, Article 6) (i) or (ii) placed by Users who are excluded from the services of Airsoft Bazaar or for which certain restrictions apply.
4.3 Unless otherwise agreed, you agree that an Advertisement is placed immediately, during the legal withdrawal period. This has consequences for any applicable right of withdrawal. You also declare that you waive any applicable right of withdrawal as soon as Airsoft Bazaar has fulfilled the Advertisement Agreement.
4.4 If the right of withdrawal referred to in Article 4.1 applies to the Advertisement you placed, you agree that if you use your right of withdrawal, you owe Airsoft Bazaar a proportional fee for the services provided by Airsoft Bazaar. In certain cases, this proportional fee will be calculated based on the number of days remaining from the agreed advertisement period at the time of your use of your right of withdrawal and/or the average number of bids on products or services for Advertisements in the same category, as determined by Airsoft Bazaar from time to time.
4.5 If you use the right of withdrawal, Airsoft Bazaar will refund the price of the service, reduced by a proportional fee, within 14 days of your withdrawal request.
5. Bids are Not Binding
5.1. Unless otherwise regulated in these Terms of Use, a bid on a product or service in an Advertisement is not binding. An Advertiser is not obliged to accept such a (reasonable) bid. If such a bid is accepted by an Advertiser, it does not obligate the bidder to purchase.
5.2. If the Advertisement is removed due to the expiration of the posting period or for another reason, the associated bids will also be removed.
5.3. It is not allowed to place bids on Advertisements with the sole purpose of disrupting the bidding process.
6. Rules for Offering Price/Payment Methods in an Advertisement
6.1. An Advertiser may not obligate a User in an Advertisement to use certain payment methods.
6.2. It is not allowed for an Advertiser to mention only part of the price in the price field of the Advertisement. All unavoidable costs for the User must be included in the asking price mentioned in the price field. This means that all costs that the User necessarily has to incur to purchase and use the offered product or to take up the offered service, including but not limited to mandatory delivery costs, taxes, must be included in the mentioned asking price.
7. No Guarantees
7.1. Advertisers and Users must conduct sufficient research and inform themselves adequately before placing an Advertisement on the Website. We do not control the quality of the content of the Advertisement, the safety or legality of the advertised products, the accuracy of the offers, the authority of Advertisers to sell products, and/or the authority of Users to buy products. Airsoft Bazaar provides no guarantee regarding these.
7.2. Airsoft Bazaar also cannot guarantee that the products or services offered by Advertisers on the Website will meet your expectations.
8. Indemnity for Advertisement Service and Limitation of Liability Airsoft Bazaar
8.1. Every User indemnifies Airsoft Bazaar against claims from third parties regarding damage suffered by;
(i) entering into an agreement based on an Advertisement,
(ii) the use of products purchased via the Website; and
(iii) the (allegedly) infringing and/or otherwise unlawful character of the (content of the) Advertisement and/or the delivered product.
8.2. The conditions for limiting the liability of Airsoft Bazaar are included in Chapter I, Article 6.
9. Changes
9.1. Airsoft Bazaar can change the Website or parts thereof, including the advertisement duration, extension options, the classification of groups and categories, the layout of the Website, and search options, at any time and at its own discretion. We will strive to announce such a change within a reasonable period before they are implemented.
9.2. Airsoft Bazaar can change the prices of paid Advertisements at any time. If a price increase occurs during the term of an Advertisement Agreement that exceeds the CBS consumer price index figure, the Advertiser has the right to terminate this Advertisement Agreement.
10. The Advertisement May Also Be Published Elsewhere
10.1. Airsoft Bazaar may use the Advertisement and its content for its own publicity purposes. This includes, among other things, that an Advertisement or part of it can be shown by us through other distribution channels, such as on third-party websites, or social media.
10.2. By placing an advertisement, you automatically grant Airsoft Bazaar a free, worldwide, irrevocable, sublicensable, and transferable license to use, reproduce, distribute, and make public the advertisement and/or (parts of) its content (and allow third parties to use and reproduce) for marketing, promotion, and/or advertising purposes. You warrant that you are authorized to grant this license.
10.3. We may grant third parties access to an Advertisement for publicity purposes to enable them to promote this and other Advertisements on third-party websites, via email, and through other channels. These promotions may contain (parts of) the Advertisement.
10.4. The format of Advertisements may be modified so that the Advertisements are accessible from mobile devices or other third-party software applications.
10.5. The Website contains references (for example, through a hyperlink or banner) to third-party websites. These references can also be placed in or next to an Advertisement. Airsoft Bazaar has no control or influence over the content and policy of these websites. The (privacy) rules of that particular website apply to these websites.
11 Paid Advertisements
11.1 When choosing the highlighting option, the associated price, if applicable, is made known.
11.2 The obligation to pay the price applies from the moment the Advertisement is placed. If the payment is not made or not made on time, Airsoft Bazaar is entitled to remove the placed Advertisement and still charge the amount owed.
11.3 If payment is not made on time, Airsoft Bazaar is also entitled to charge statutory commercial interest. In case the respective Advertiser fails to pay the full amount owed after being reminded, Airsoft Bazaar is entitled to engage a collection agency and block the services of Airsoft Bazaar for the respective Advertiser. The legal and extrajudicial costs of collection will be borne by the Advertiser.
11.4 Airsoft Bazaar can change (parts of) the Website and the services at any time. We can also stop our services. We will strive to announce such a change or cessation within a reasonable period before they are implemented.