In order to use your BSSN account, you will need to read and accept the Terms and Conditions below.
TERMS AND CONDITIONS OF USE
The Boatilus Shoe Social Network platform, BSSN of the Site www.boatilus.com is managed and hosted by the company Hostinger.
Before registering on the Site, on the BSSN platform, each User must :
– read these General Terms of Use, the Catalog Rules, the Privacy Policy and the Community Rules (below),
which constitute a legally binding agreement between the User and BSSN concerning his/her access and use of the Site and the BSSN platform,
– and agrees to abide by them.
To confirm your agreement and create your BSSN account, please accept these Terms and Conditions, Catalog Rules, Privacy Policy and Community Rules when prompted during the registration process.
Capitalized terms are defined in Section 1 of these Terms and Conditions.
1 DEFINITIONS
Where capitalized terms are used in these Terms and Conditions, they are defined in this section. Please refer to this Definitions section whenever a capitalized term is used.
Site – means the www.boatilus.com website and the BSSN platform. The Site includes the Services and all content, tools, features and functionality offered on or through the platform;
BSSN – refers to the website www.boatilus.com, its platform for connecting Users and Visitors or other Users, the Services and all content, tools, functions and features offered on the Site.
User – refers to any person who has created an account on the Site and has accepted the present General Conditions;
User Account or Account – refers to the User’s account created upon registration on the Site;
Visitor – means any person who visits the Site, searches and consults the Articles in the Catalog and other Content provided by Users published on the platform of the Site.
Catalog – means the electronic catalog of Items that Users have listed for contact via the Site. The Catalog has different sections for each category of Items;
Catalog Rules – means the rules for the Catalog, including the Items that Users may add to the Site. The Catalog Rules are available below;
Items – means products/items that Users add to the Catalog in order to be contacted with the intent to give, trade or sell them;
Private Messages – refers to the communication by exchange of private messages between Users and Visitors after being put in contact via the Site, via BSSN.
Transactions – refers to the donation(s), exchange(s) or resale(s) made between Users and Visitors after being put in contact via the Site, via BSSN.
Terms and Conditions – means the legally binding agreement between BSSN and the User or Visitor, as defined in the first paragraph of these Terms and Conditions of Use;
Privacy Policy – means the document that defines the manner in which BSSN collects, uses, processes, stores and transfers personal data;
SEND MESSAGE” button – means the button displayed on the page of each Article, which allows Visitors to express their wish to be contacted by a User.
Hosting Services – refers to the hosting services offered by BSSN on or through the Site, allowing Users to add Items to the Catalog, and Visitors to search and view Items published on the Site.
Transaction – refers to any transaction carried out between the Visitor using the “SEND MESSAGE” button and under the terms of which a contact email is sent to the User concerning the Article selected from the Catalogue by the Visitor.
2 INTRODUCTION
2.1 Welcome to the Site. Please read carefully these General Terms of Use, the Catalog Rules, the Privacy Policy and the Community Rules.
They define the terms and conditions under which you may use the Site.
If you accept these Terms and Conditions, you may use our Site as a User or Visitor.
If you do not agree to these Terms and Conditions, you are not authorized to use the Site and the BSSN platform.
2.2 Services. The Site via the BSSN platform offers hosting Services as an intermediary between
– Users wishing to be put in contact with each other for the donation, exchange, or sale of second hand items,
– and Visitors wishing to buy second hand items,
within the limit of the commitments and under the conditions provided for in the present General Conditions.
The Site and the BSSN platform is not party to any Transaction between Users. The Site and the BSSN platform does not buy or sell the Items listed on the Site.
2.3 Unauthorized Users. The Site is not intended for use by persons under the age of 18. If you are a parent or guardian of a dependent under the age of 18, you may create an Account and agree to these Terms and Conditions on behalf of such minor, but you will assume full responsibility for the minor’s use of the Site and acknowledge that the Site is intended for persons at least 18 years of age.
2.4 Visitors. If you are a Visitor to the Site, you may search for and view Items in the Catalog and other Content provided by Users posted on the Site.
However, you will not be considered a User and you will not be able to use the Site’s Services if you do not accept these Terms and Conditions, the Catalog Rules, the Privacy Policy and the Community Rules.
2.5 Creation of an Account. To be matched with a User, you must first register on the Site and create a BSSN account. When you register on the Site, on the BSSN platform, you agree to provide true, accurate, current and complete information. It is important that you maintain and promptly update your Account information to keep it current and complete at all times. During the registration process, Users/Visitors are asked to provide (directly in the registration form) an email address, a username (a pseudonym to be used on the Site) and a password to enable the Site to identify you each time you access the Site.
The purposes and manner in which we use this data are described in the Privacy Policy. In order to protect your User/Visitor Account, to ensure the safety of other Users/Visitors and to assess whether the information referred to in Section 2.5 is reliable and complete, BSSN may, at the time of registration and from time to time thereafter, (i) verify the information contained in your User Account or request that you (ii) answer certain questions or provide certain information and/or (iii) correct incorrect or incomplete information or participate in verification procedures (the Security Procedures). The purpose of these Security Procedures is to verify that it is you who is accessing and/or transacting through your User Account. These procedures will be reasonable and proportionate to the security objectives pursued. As part of the Security Procedures, BSSN may verify the email address. Where the information is incomplete or incorrect and/or no assistance is provided by the affected User, BSSN may, in accordance with Section 13 below, suspend the provision of the Services until the correction has been made.
2.6 Additional Terms. By accepting these Terms and Conditions, you also agree to the Catalog Rules, Privacy Policy and Community Rules. By accepting these Terms and Conditions, you agree to use the Services in accordance with the Additional Terms. Any violation of the Supplemental Terms constitutes a violation of these Terms and Conditions. In the event of any inconsistency between the provisions of the Supplemental Terms and these General Terms, these General Terms shall be deemed to be the applicable special terms and conditions and shall therefore prevail.
2.7 Third party terms and conditions. Certain features of the Site utilize tools and services provided by third parties, which may be governed by separate terms and conditions. Where third party tools and services are governed by separate terms and conditions, the Site will display a hyperlink to the applicable terms and conditions. These terms and conditions will be made available to you as part of the services provided by the relevant third parties in a format that allows them to be reproduced and stored. You will need to accept them separately if you wish to use the services offered by such third parties.
2.9 Changes to these Terms and Conditions. Subject to Section 2.10 below, any changes to these Terms and Conditions shall be subject to your prior acceptance. If User does not accept the new Terms and Conditions within 30 days of the date of notification of a change, BSSN reserves the right to restrict User’s ability to use the Site until User has accepted the amended Terms and Conditions.
2.10 Unilateral Modifications to these Terms and Conditions. BSSN may unilaterally modify these Terms and Conditions for reasonable reasons in order to:
a) to adapt the General Conditions to the legislative or regulatory provisions in force or being adopted;
b) adapt the General Conditions to a decision taken by a court, an authority for the protection of consumer rights or any other competent authority, when said decision affects the content of the Site or the Services offered by the Site;
c) to prevent abuse or damage, or for security reasons;
(d) to reflect changes to our Services in accordance with Section 2.12;
e) to reflect changes and developments in the way BSSN does business;
(f) reflect changes in market conditions or standard industry practices;
g) to make editorial changes to these Terms and Conditions (for example, to correct grammatical or spelling errors), provided that such changes do not alter the content or meaning of these Terms and Conditions.
2.11 If BSSN makes any of the changes set forth above, it will notify Users of the amended Terms and Conditions 30 days prior to the effective date of the changes, unless:
a) BSSN is required by law to make the changes immediately or within a shorter period of time;
b) if the amendments are made in accordance with Section 2.10(h) above, in which case they shall be effective immediately;
c) if the changes are made in accordance with Section 2.12 below, in which case BSSN will notify Users of the amended Terms and Conditions 15 days prior to the effective date of the changes.
As of the effective date of the changes, you may continue to use BSSN’s Services in accordance with the amended Terms and Conditions. The changes will not apply retroactively and will not affect any Transactions you have already completed on the Site.
If you do not agree with the proposed changes, you may terminate your relationship with BSSN at any time.
2.12 Any changes to these Terms and Conditions published on the Site will apply immediately to Users who complete their online registration process after such changes are published on the Site.
2.13 We may add new Services or new features and functionalities to our Services, without degrading the quality or modifying to your detriment the features (i) of the Services.
3 ADDING ITEMS TO THE SITE, THE BSSN PLATFORM
3.1 Permitted Items. Only Items that meet all of the following conditions may be added to BSSN:
3.1.1 The Article must belong to one of the models in the Articles section of the multiple choice tree of the Catalog ;
3.1.2 The User must have the right to transfer the ownership of the item;
3.1.3 The User must not offer to the gift, to the exchange or to the resale of the Articles sold as products in direct delivery (or dropshipping);
3.1.4 The donation, exchange or sale, use or possession of the Item must not infringe the rights of third parties (including intellectual property rights), or violate any applicable local, national or international law or regulation. The Item must be safe and not counterfeit.
3.1.5 The Item must comply with all requirements commonly applied in the market, unless otherwise agreed between the User and the Visitor;
3.1.6 The Articles must comply with the list of prohibited products and services (list below).
3.2 Adding an Item. To add an Item in the Catalog, the User must conform to all the Rules of the Catalog. The User must select it in the category of models of the catalog and fill in the questionnaire, category which corresponds best to the Article. The description of the Item must reflect the actual condition and external appearance of the Item, as well as any defects, faults or alterations affecting the Item.
3.3 Offer for donation, exchange or sale. The fact that a User adds an Item to his or her Catalog and that the Item thus added is published on the Site, the BSSN platform constitutes an offer to donate, exchange or resell the Item described by the User. This offer is likely to be accepted by a Visitor.
3.4 Modification of an Article. The User who has added the Item may remove it or modify its status at any time before entering into an agreement with a Visitor on the Item in question.
3.5 Description of the main parameters determining the ranking. The Items presented in the default search results of the Visitors’ Catalog are sorted by “relevance” taking into account the main criteria, such as model preference, color…
The main parameters determining the ranking are intended to provide the best search experience for Visitors. Thanks to these parameters, BSSN ensures that the items presented correspond to the Visitor’s expectations.
This donation, exchange or sale process is part of separate contracts and commitments.
For the avoidance of doubt, BSSN is not a party to these contracts.
BSSN is not responsible for transactions outside of the Site, and disclaims all liability arising from any donation, exchange or purchase/sale process or otherwise between Visitors and Users.The User is solely responsible for the description (model, color, size, state of wear) of the Article at the time of its creation and its insertion in the Article catalog of the BSSN platform.
The Site, the BSSN platform can not be held responsible for any error or non-correspondence of the description of the Article (model, color, size, state of wear), or in case of counterfeiting … and declines any responsibility.
The Site, the BSSN platform can not be held responsible for any exchange of messages between Users and Visitors following the connection via BSSN, any message containing texts contrary to morality and public safety, inappropriate, insulting or defamatory messages or messages of an illicit nature or likely to fall under any form of harassment.
5 RESPONSIBILITY
Without limiting the foregoing, Users acknowledge and agree that they are entirely responsible for the addition of Items to the Catalog on BSSN, as well as for the description they publish on the Site, as well as for all declarations made to Visitors after the connection via the BSSN platform.
In addition, Users are solely responsible for Transactions made with other Users or Visitors, and for any disputes that may arise.5.1 Users agree to comply with all laws, rules and regulations applicable to them when using the Site. The Users must in particular abstain from (i) to infringe the rights of thirds, (ii) to infringe the rights of intellectual property or to add to the Catalog of the infringing Articles, (iii) to add to the Catalog of the Articles which violate the laws or regulations; (iv) incite offenses or crimes, and encourage any discriminatory, hateful or violent practices based on race, ethnicity or nationality; (v) communicate incorrect information or confidential information; (vi) make defamatory comments, (vii) commit acts that may endanger minors, (viii) publish the personal data of others or violate the privacy rights of others, (ix) impersonate others, or (x) upload or otherwise publish unlawful, false or inaccurate Content. Users agree to act and use the Site in good faith.5.2 The Site, BSSN acts as a mere intermediary between Visitors and Users.
Therefore, the User acknowledges and agrees that, to the extent permitted by applicable law and except in the event of a breach of these Terms and Conditions, BSSN shall in no event be liable for any damages or losses suffered by Visitors or Users and/or third parties. In particular, without this list being exhaustive, BSSN shall not be held responsible for: (i) the actions or omissions of Users, (ii) the adequacy, accuracy, completeness and/or legality of the Contents; (iii) the safety, quality and quantity of the Items that Users sell via the Site or the conformity of an Item with the description given of it, (iv) any problem concerning the Transactions
5.3 The User or the Visitor must inform BSSN immediately, if they notice the existence of illegal Content.
6. Data Security In accordance with applicable laws and regulations, the Site, BSSN undertakes to take all appropriate measures to protect the security of data provided by Users and Visitors to prevent data from being compromised. However, even though the Site, BSSN has taken appropriate measures in compliance with legal requirements, its systems may still be compromised by unforeseeable events such as cyber-attacks or security breaches concerning data transmission or affecting the volume and rate of data transmissions. Under these conditions, we strongly suggest that Users and Visitors take all appropriate measures to protect their own data and/or software, in particular against any contamination by viruses circulating on the Internet.
7. OBLIGATIONS OF THE USER AND VISITOR
7.1 BSSN strives to ensure that Users and Visitors can use the Site safely. A safe and reliable experience is an integral and essential part of all Services. However, maintaining the safety and security of this environment depends heavily on Users and Visitors and their behavior. For this reason, when using the Site, Users and Visitors agree to follow the rules set forth in these Terms and Conditions, the Catalog Rules, the Privacy Policy and the Community Rules.
7.2 When using the Site, the User and the Visitor undertake to respect the following rules, and in particular :
– when registering on the Site, to provide accurate information about themselves (including, but not limited to, their name and email address);
– to register on the Site only once and not to create more than one Account;
– not to use the Site and/or the Services with the intent to commit illegal or fraudulent acts or transactions;
– when using the Site, to provide objective, correct, exhaustive and detailed information on the Items to be given, exchanged or sold;
– not to use the content or information on the Site for illegal purposes.
– refrain from using any type of external software tools (including but not limited to: bots, scraping programs, crawling programs, spiders) when registering on the Site and/or using the Site and/or the Services (including but not limited to: promoting Items, bookmarking Items), unless such use is authorized, offered or otherwise permitted by BSSN.
7.3 When using the Site, BSSN, and thereafter, after the connection, Users and Visitors agree not to, and shall refrain from in the exchange of messages from:
– share, publish or use in any way whatsoever misleading or incorrect information and/or data ;
– encourage the acquisition of any product whose sale or possession is prohibited or restricted
– use (in particular share and/or publish) photographs (i) to which the User concerned does not hold the intellectual property rights (in general, this concerns photographs found on the Internet), or (ii) which contain links to other Internet sites;
– use (in particular share and/or publish) photographs (i) in which persons other than the User concerned are visible, unless such other persons have consented to the publication of such photographs or (ii) which are or may be considered contrary to public morality and/or public safety (for example, erotic, pornographic or violent photographs);
– publish Content praising, promoting or encouraging terrorism, racism, revisionism, xenophobia, homophobia, sexism, incitement to hatred, discrimination, human trafficking, organized crime, illegal organizations, self-mutilation, suicide, torture, cruelty to animals, apology for war crimes, sexual exploitation of children and/or adults, sects;
– offer, sell, purchase and/or transfer Items in violation of third party intellectual property rights, such as trademarks and/or other signs protected by applicable law (such as company logos in some jurisdictions), designs and/or copyrights;
– violate the proprietary and/or personal rights of others (including intellectual property rights);
– violate applicable laws and/or regulations;
– act in a manner contrary to public safety and/or morality;
– use (in particular share and/or publish) computer programs and/or files containing viruses or which could (i) disrupt the normal operation of the Site and/or the Services, (ii) infect the User’s computers and, consequently, cause losses to the User or affect his assets or (iii) prevent the User from using the Site, the Services or the User’s computer;
– offer, share and/or otherwise promote links to other websites and/or companies that provide similar services to those offered by the Site
– propose, share or in any other way promote links to other websites and/or companies that provide services similar to those offered by the Site or to websites or companies whose contents or activities are illegal or contrary to our content policies;
– data mine, screen scrape or use crawlers on any part of the Site;
– disassemble, decompile or reverse engineer any portion of the Site;
– adapt, copy, modify, correct, distribute or commercialize any content of the Site without the prior written consent of the Site, BSSN.
7.4 Users and Visitors agree not to collect, hold, transmit to third parties, make public, publish or disclose any data relating to Users or Visitors of the Site or to the activities of Users or Visitors of the Site, including Transactions, their number, type, price, etc., especially if such data has become available in an unlawful manner or as a result of an unlawful act or omission.
Users and Visitors are prohibited from collecting, holding, transmitting to third parties, making public, publishing or disclosing information that appears on the Site, if this would affect the rights of other Users or Visitors, including, but not limited to, intellectual property rights or privacy rights. This restriction does not apply to the Site, which reserves the right to share public information available on the Site on BOATILUS’ Social Network Accounts or on their own social network accounts, as well as to send this information to themselves or to others by e-mail.
8.5 The User and the Visitor undertake to preserve the confidentiality of the login and password of their Account and not to disclose them to third parties (with the exception of persons whom the User or Visitor authorizes to use their login and password). The User or Visitor is solely responsible (with respect to the Site, BSSN and others) for all activities that take place on his Account. If a User or a Visitor learns or suspects that an unauthorized third party knows his password or has accessed his Account, he must inform the Site, BSSN as soon as possible via the contact form.
7.6 The User and the Visitor agrees to immediately modify any information appearing on the Site that is no longer up to date or accurate, including the information provided by the User or the Visitor at the time of his registration on the Site and the information on the Account of the User or the Visitor, as well as the information on the Articles referenced in the Catalogue.
7.7 By using the Site, the User and the Visitor declare:
(i) that he is a natural person, that he is 18 years of age or older (failing which, the parent(s) or legal guardian(s) must register and supervise the minor’s use of the Site), (ii) that he is using the Site’s Services only for his personal benefit and not for the purposes of a professional activity and (iii) that he has full capacity to carry out Transactions on the Site and is fully entitled to do so;
understand that he is fully and solely responsible, in accordance with these General Terms and Conditions and applicable law, for the performance of his obligations under the successive undertakings to make contact with the Visitor;
8 RIGHT OF THE SITE, BSSN TO RESTRICT AND BLOCK ACCOUNTS.
8.1 Restriction and blocking of User and Visitor accounts. In order to ensure a safe and secure environment for Users of the Site, BSSN may, including through the use of automated software and/or algorithms
– Restrict a User or Visitor’s Account. Users or Visitors whose Accounts are restricted (i) may not use or access certain features of the Site, such as, but not limited to, the ability to reference Items, to see Items referenced by all other Users or (ii) will experience reduced visibility of their Items on search results pages; and/or
– Temporarily or permanently block a User or Visitor’s Account. Users or Visitors whose Accounts are blocked are no longer authorized to access the BSSN platform. BSSN undertakes to take restrictive or blocking measures that i) take into account the reasonable interests of Users or Visitors when taking such measures, ii) are proportionate to the circumstances and, in particular, to the violations committed by the User or Visitor. Violations committed by Users or Visitors will result in a temporary blocking and/or restriction of their Account, unless (i) the User or Visitor whose Account has already been temporarily blocked and/or restricted does not refrain from committing further violations, or (ii) such violations are serious or repeated, in which case the User’s or Visitor’s Account will be permanently blocked.
8.2 Blocking with notice. BSSN may restrict and/or block a User’s or Visitor’s Account, after having informed such User in a durable medium and given reasonable notice, in the event that such User or Visitor
– Violates these Terms and Conditions of Use, the Catalog Rules, the Privacy Policy and the Community Rules;
– Provides or publishes, when registering on the Site, on BSSN or using the Site, incorrect, misleading, false, outdated and/or incomplete information within the meaning of these Terms and Conditions or does not keep such information up to date;
– Misuse the features provided by the Site or use them in bad faith.
8.3 Immediate blocking. Notwithstanding the foregoing, BSSN may restrict and/or block the User’s or Visitor’s account with immediate effect and without prior notice or formal notice in the following cases
– Dispute initiated by the User with a Visitor or other Users, or vis versa, or service provider of the Site.
– Violation of Applicable Laws, Public Safety or the Safety of Users or Visitors. The User’s or Visitor’s use of the Services or the Content posted by the User or Visitor clearly violates a law, regulation or rule relating to public safety or is likely to have serious consequences for the health, safety or legitimate economic interests of VINTED, other Users, Professional Users or third parties. For example:
– The User or the Visitor has uploaded to the Site Content content that glorifies crimes against humanity, incites racial hatred and/or violence or is of a child pornography nature;
– The User or Visitor has impersonated another User or another person;
– There is objective and corroborating evidence that fraud of any kind has been or is being committed by a User or Visitor, or that a User or Visitor is misusing the Platform in a manner that jeopardizes the safety of other Users or Visitors or the Platform, including, but not limited to, logging in from suspicious IP addresses, defrauding other Users, or sending spam to other Users BSSN will diligently investigate any fraudulent practice and will promptly and seriously investigate any suspected User or Visitor request.
– Regulatory Obligation or Compelling Legal Reason, where compliance with a notice period would violate any law, regulation, or instruction of a judicial enforcement authority, or would otherwise subject BSSN to liability.
– Computer Security Risk, when a risk threatens the security and technical operation of BSSN’s computer systems.
– Repeated or serious violations, when the User or Visitor has committed repeated violations of these General Conditions of Use, the Catalog Rules, the Privacy Policy and the Community Rules.
8.4 Notification. In the cases referred to in Sections 8.1 through 8.3, BSSN will send User or Visitor an email notification stating the reasons for restricting or blocking his or her Account, in a durable medium, unless this:
– Violates any law, regulation or governmental instruction or otherwise exposes BSSN or its affiliates to liability;
– Disrupt an investigation of a fraudulent practice;
– Facilitate the continuation or repetition of a fraudulent practice, violation of law or material breach of these Terms and Conditions.
8.5 BSSN may investigate any breach of these Terms and Conditions and, subject to applicable laws such as personal data protection laws, inform the relevant institutions and authorities.
8.6 Appeal. In the event that BSSN asserts its rights under this Section 8 and Section 3. above, the affected User or Visitor may appeal BSSN’s decision via the Site’s contact form.
9 RIGHTS AND OBLIGATIONS OF THE SITE, BSSN
9.1 BSSN may, at any time, for the purpose of improving the user-friendliness of the Site, reorganize the Catalogue, the advertising spaces or other elements of information concerning the Articles, provided that these modifications do not modify the Content provided by the User. Such modifications shall not cause any prejudice to Users and shall not restrict BSSN’s obligations under these Terms and Conditions.
9.2 BSSN may, at any time, publish News or other communications regarding short and long term offers published on the Site, contests, campaigns, games or promotions, or make available to some or all Users special, time-limited or exclusive offers in accordance with national laws (collectively the Promotions). Special terms and conditions may apply. Certain features or functionality of the Site may be temporarily modified or disabled.
9.3 BSSN may at any time discontinue or suspend the operation of the Site, or assign it to third parties, subject to notifying Users and providing thirty (30) days’ notice.
9.4 Warranty of Conformity. Users or Visitors based in the European Union benefit from a legal guarantee of conformity covering the digital services provided by BSSN. Under this warranty, BSSN is liable for any lack of conformity existing at the time of supply if it is discovered by the User or Visitor within two years of the one-time supply of digital services or for any lack of conformity that arises or becomes apparent during the period in which the digital service is to be continuously supplied by BSSN. User’s national laws may provide for longer warranties. In order to submit a claim, Users or Visitors may contact BSSN as described below.
10. PROTECTION OF PERSONAL DATA
10.1 The following Privacy Policy describes the personal data of Users or Visitors collected by BSSN and the purposes for which BSSN processes such data. The Privacy Policy and any part of it are not considered contractual terms and do not form part of these Terms and Conditions.
10.2 It is your responsibility to provide BSSN with accurate data. When your details change (for example, your address or your last name), you must notify us of these changes as soon as possible by amending your account information.
10.3 Where you process personal data independently and separately from BSSN, you are responsible for compliance with applicable data protection laws (including the General Data Protection Regulation).
11 GOVERNANCE, DISPUTE RESOLUTION AND TERMINATION
11.1 These Terms and Conditions are governed by the national law of the Site, i.e. the Court of Bari in Italy. You may bring a claim before this court.
11.2 In case of disagreement between the Site, BSSN and the User or Visitor, BSSN encourages Users and Visitors to first contact BSSN to find an amicable solution. The User may first send a written complaint to Customer Service using the contact form.
The User and BSSN will endeavor to resolve the User’s complaints amicably.
11.3 The User or Visitor may terminate its relationship with BSSN at any time with immediate effect, but shall fulfill all of its obligations resulting from Transactions that the User has entered into prior to the termination of its relationship with BSSN with Visitors or other Users of BSSN. The User or Visitor may terminate his relationship with BSSN by using the contact form on the Site.
11.4 BSSN and its and their licensors own all rights, including intellectual property rights in the Site, including rights in its system (the algorithms that allow the Catalogue to function, its transmission, etc.), the layout and design of the Site, the software used by and for the Site, the trademarks and domain names used by and for the Site.
11.5 By transmitting information or data, in particular descriptions published on the Site, Users of the Site hereby grant to BSSN and to any company related to BSSN, without consideration, a non-exclusive license to use the Content worldwide, for the duration of any applicable rights (and any extensions thereof). This license includes the right to use, copy, reproduce, display and adapt the Content. BSSN may use this Content, in any medium known or unknown to date and in particular on television, in printed media, on the Internet (in banners and articles, on other websites) and social networks (Facebook, Twitter, Instagram, etc.), for operational, commercial, advertising and internal purposes of BOATILUS, which the User accepts. Users are exclusively responsible for the Content and confirm that they hold all rights to it.
11.6 All notifications, requests and other information exchanged between the User and BSSN will be sent as indicated in the General Conditions via the contact form on the Site and/or by/to the User or Visitor by e-mail, to the e-mail address provided during registration on the Site.
11.7 The General Conditions do not create between BSSN and the Users a partnership (whatever its legal form), relations governed by labour law, relations between a commercial agent and his client, or franchise relations.
11.8 BSSN may, subject to applicable laws on the protection of personal data, transfer and/or assign all rights and obligations arising from these General Terms and Conditions to a third party, in particular in the event of a transfer of a business area, merger by creation of a new company, absorption by merger, demerger or any change of control affecting BSSN, provided that this does not reduce the protection of consumer rights. Such transfer shall release BSSN from all future obligations related to the operation of the Site, including to its Users and Visitors. In the event that BSSN transfers and/or assigns to a third party the rights and obligations arising from these Terms and Conditions, BSSN should inform Users of such transfer and/or assignment 15 days in advance and the User has the right to immediately terminate its relationship and close its account with BSSN. Users may not transfer or assign any of their rights or obligations under these Terms and Conditions.
11.9 The User or Visitor may, at any time, express objections regarding the access, use or operation of the Site or Services by sending a notification to that effect. Notifications should be sent to BSSN using the form on the Site or by post to NEA srl, Via del lavoro 15, 76121 Barletta Italy or by email info@boatilus.com
11.10 If any provision of these Terms and Conditions is found by any competent authority to be invalid, illegal or unenforceable in whole or in part, such provision shall be severed from the remaining provisions, which shall remain valid, legal and enforceable to the fullest extent permitted by law.
11.11 These Terms and Conditions and all documents referenced herein constitute the entire agreement between BSSN and You. They supersede and replace all prior agreements, promises, assurances, warranties, representations and understandings between BSSN and you, whether written or oral, relating to its subject matter. BSSN and the User agree that in entering into these Terms and Conditions, they have not relied on any representation, assurance or warranty (whether made innocently or negligently) that is not contained in these Terms and Conditions or any document referred to in them. To the extent permitted by applicable law, neither you nor BSSN shall have any claim for innocent or negligent misrepresentation based on any statement contained in these Terms and Conditions or any document referred to herein.
CATALOG RULES
We want to make sure that BSSN is a safe and friendly place for people to donate, trade, buy or sell second hand items. Members, Users and Visitors, are therefore required to follow the rules in the catalog below when posting their items online.
Note that these rules are part of the Terms and Conditions (above) that Users and Visitors have accepted when registering on BSSN.
On BSSN, you can propose to be put in contact to give or exchange or sell, for Transaction, only and exclusively shoes of brand BOATILUS present in the list of multiple choices of the articles of the catalog of the site BSSN.
If the pair of shoes you are selling was originally accompanied by an instruction manual, manual or safety warning, be sure to include them when you send the item.
We reserve the right to redefine which items may or may not be posted on the BSSN platform catalog. If we find that any items violate our terms and conditions, we may remove those items at any time.
Prohibited items
You may not use the BSSN platform with the intention of giving away, exchanging or selling any other item, product or merchandise other than the items in the BSSN catalog, BOATILUS shoes, even as an accompaniment, addition or accessory to an item.
Please make sure that your items, BOATILUS shoes comply with the catalog rules. It is possible that other members report one of your ads that does not seem to comply with these rules so that it can be examined by BSSN. If your item is found to be non-compliant, it may be removed from the BSSN catalog by our BSSN team, or you may be subject to other actions, such as account suspension or blocking. If you send photos to other members to promote the sale of unlisted items, you may be subject to similar actions.
For more information, see the community rules below.
We reserve the right to change the above rules as we see fit without having to inform you in advance. If you have any questions regarding the above rules, please contact our team via the contact form on the Site, and we will be happy to assist you.
Note: If you spot an article that does not seem to comply with the above rules, please do not hesitate to report it to us.
PRIVACY POLICY
At BOATILUS, when it comes to your personal data, security and transparency are top priorities. In order to help you understand what information we collect about you, how we use it and what your rights are, we have written this detailed Privacy Policy.
1. General
2. Why and how we collect and use your data
3. Beneficiaries of the personal data
4. What you should know when interacting with a BSSN partner
5. Use of Cookies
6. Right to Amend
7. Your statutory rights regarding your data
8. Our contact details
1. General
This Privacy Policy applies to the BOATILUS Website and online platform (hereinafter the “Website”) and the associated application (hereinafter the “Application”) (the “Platform” refers jointly to the Website and the Application).
The Platform is operated by NEA srl, Via del Lavoro 15, 76121 Barletta Italy. The terms “We” or “the Site” or “BSSN” refer to the operator. For more information on how to contact us, please see Section 8 of this Privacy Policy.
We take your privacy very seriously. All personal data will be collected, stored and used by us in accordance with the European Union’s General Data Protection Regulation 2016/679 (“GDPR”), and/or any other applicable statutory regulations.
The services we offer via the Website and/or the App can only function if we collect, store, transfer, delete and/or otherwise use (“collection and use”) specific data about you (“personal data” or “data”). Personal data means any information about an identified or identifiable natural person, such as your name, date of birth, mailing address or e-mail address.
This Privacy Policy describes the data we collect about you, and the purposes for which we collect and use it when you use the services we offer on the Platform, including the services of our distributors (“Partners”). This Privacy Policy also contains important information about the protection of your data, in particular the statutory rights attached to it.
Some services on our Platform are offered by third party providers. When you use these services, the data protection regulations of the third-party providers will then apply in addition to this Data Protection Statement. Before you use such services, the third party providers may ask you to provide them with authorization under the data protection laws.
Under applicable data protection laws, BSSN is required to inform you of the processing of data and fulfills this obligation through this Privacy Policy. This Privacy Policy and any part of it are not considered contractual terms and conditions (“T&C”) as a contract with registered users. In accordance with applicable data protection laws, Vinted may process data necessary to enter into a contract with you or to take action, at your request, prior to entering into a contract (Art. 6 (1) (b) GDPR). References to the T&Cs shall at all times be considered as information on data processing (Art. 13 and 14 GDPR) and never as clauses that constitute the T&Cs. By using the Platform and our services, you enter into a legally binding contract with Vinted, the terms of which are described in the GTC.
2/ Why and how do we collect and use your personal data?
2.1. In order to allow you to use the Platform, to allow us to provide our services and to apply our GTC
We collect and use your personal data to enable you to use our Platform, to provide our services and to enter into a contract (T&C) with you, and in particular to carry out commercial transactions via the Platform, communicate with other members. In order to use these services, you must have a BSSN account. To do so, you must register as a member on the Website or the Application.
We need most of your personal data to enter into a contract (GTC) with you. If you do not provide us with this personal data, we will not be able to conclude and execute a contract (GTC) with you. We need some of your data in order to fulfil our legal obligations when you are a member of our Platform. If you do not provide us with this personal data, we will not be able to comply with the legal requirements and provide our services.
This data is also used to improve the BSSN Platform or Application so that we can provide a better experience for our members (see 2.2).
We collect and use your personal data for these purposes until your BSSN account is deactivated or for 5 years from the time your account becomes inactive.
2.1.1. To enable you to register on the Platform
When you register as a member on the Platform, you must provide the following data in order to complete the registration process and access your BSSN account:
Username;
Email address; and
Confirmation of majority ;
Password;
The legal basis for the collection and use of the data is the performance of a contract (GTC) to which you have subscribed or the taking of measures, at your request, prior to the conclusion of the contract (GTC) (Art. 6 (1) (b) GDPR).
We also determine your location (country) on the basis of your IP address at the time of registration in order to display it on your profile. You can choose to change your location (country, city or region) at any time and make your city or region not visible to other members in the “My Settings” section of your BSSN account.
We collect and use your personal data for this purpose until you deactivate your BSSN account or for 5 years from the time your account becomes inactive.
The collection and use of data is based on your consent (Art. 6 (1) (a) GDPR).
We collect and use your personal data for this purpose until your BSSN account is deactivated or for 5 years from the moment your account becomes inactive.
2.2 To improve your experience when using the Platform
We collect and use your personal data to enhance your experience when using the Platform, by allowing you to personalize your news feed and search results, by providing you with relevant suggestions and storing your previous searches, by sending you notifications and otherwise making the use of the Platform more enjoyable.
The specific legal basis applicable to the collection and use of your data is described in each of the sections below.
To ensure the security of your account and the Platform
BSSN strives to ensure that our members’ accounts and the Platform itself are secure and protected from cyber attacks, unauthorized access and other related risks.
2.3 This data is also used to improve the Platform so that we can provide a better experience for our members (see 2.).
2.4 In order to carry out marketing activities BSSN seeks to engage its members in marketing campaigns that benefit them. Similarly, we want to present you with marketing materials that are both relevant and attractive.
3. Recipients of Personal Data.
BSSN transfers or shares personal data with service providers only to the extent necessary and permitted under applicable law. The service providers to whom your personal data is transferred or with whom it is shared for specific purposes are described in Section 2 above. In addition, we designate the following service providers who consequently receive personal data as data recipients.
We conduct and constantly improve the technical maintenance of the Platform in order to protect the security and confidentiality of the personal data we process and to perform certain business-related functions that help make our services available and functional. For this reason, we transfer your profile data to service providers that provide cloud and hosting services, IT security, maintenance and technical services, and communication services :
As the following service providers are located outside the European Economic Area, your data may therefore be transferred outside the European Economic Area. In these specific cases, personal data is protected by the service providers who agree to comply with the EU standard contractual clauses for transferring data, as approved by the European Commission:
Amazon Web Services, Inc (United States);
Google LLC (United States);
Apple Inc (United States);
Microsoft Corporation (United States);
Slack Technologies, Inc (United States).
BlackLine Systems, Inc (United States);
Chronicle, LLC (United States);
True Partners Consulting, LLC (United States);
Arcaris, Inc (United States);
Havas Edge, Inc (United States);
Cloudflare, Inc (United States).
We transfer personal data to lawyers, law clerks, notaries, bailiffs, auditors, accountants, debt collectors, consultants, translation agencies, IT service providers, insurance companies, and archiving services that provide services to BSSN.
In addition, we share data within the BOATILUS group to the extent necessary to manage the BOATILUS group.
BSSN is legally obliged to provide personal and/or usage data to investigating, prosecuting or monitoring authorities, if and to the extent necessary to avoid risks to the public and for the prosecution of criminal acts.
BSSN may share your data with third parties when transferring obligations and rights relating to the contractual relationship between you and BSSN to such third parties in accordance with the above GTCs, available at www.boatilus.com, in particular in the event of the transfer of a business segment, a merger by incorporation of a new company, a spin-off or any change of control that concerns BOATILUS. Prior to such an event, BOATILUS will separately inform you about the information relating to the sharing of your data and obtain your consent where legally required.
4. What you should know when interacting with BSSN and any of its partners.
Joint Control of BSSN and Partner – Basis of Agreement
Under Section 2, your personal data for this purpose will be processed jointly by BSSN and the partners and you are informed of the data processing by BSSN and the partner’s account operators, referred to as the “joint controllers”. This means that both BSSN and the Partners are responsible for complying with certain legal obligations when processing personal data as joint controllers. There is no joint control for all data processing, but only for certain purposes and processing steps, which are further explained in each section of this Privacy Policy (see point 2.).
In the context of this section, we would like to inform you about the basis of the agreement on joint responsibilities that we have entered into with the partners, in accordance with sentence 2 of Art. 26 (2) GDPR. To the extent that there are two joint controllers, we would like to explain to you who is responsible for what.
Contact point for questions and exercise of data subject’s rights: if you have any questions or wish to exercise any of your rights regarding your data, you can contact the designated contact point (sentence 3 of Art. 26 (1) GDPR) at dpo@boatilus.com
In general, both BSSN and the Partners are responsible for compliance with the legal obligations of the GDPR. While BSSN and Partners agree on certain responsibilities that apply when we act as joint controllers, BSSN is responsible for:
Serving as your point of contact (sentence 3 of Art. 26 (1) GDPR;
managing centralized communication with you regarding your data rights (Art. 15, 16, 17, 18 and 20 of the GDPR);
Provide you with information about the processing of the data (Art. 13 and 14 of the GDPR) ;
Inform you of the basis for our consent (sentence 2 of Art. 26 (2) GDPR), which we do in this section;
Inform you of data breaches associated with high risks to your rights and freedoms (Art. 34 (1) GDPR), in the event that such a data breach occurs.
All other responsibilities set forth by the GDPR are met by BSSN and Partners. These other responsibilities generally do not directly affect you as a data subject. Rather, they are the general obligations of joint controllers, such as maintaining security measures and keeping a record of processing activities. With respect to data processing outside the scope of joint control, BSSN and the Partners are independently and separately responsible and the information provided in this section does not apply.
5. Use of Cookies
BSSN uses cookies and similar technologies on the Platform. For more information, see our Cookie Usage Policy.
6. Right to Amend
As we continually develop our services, we reserve the right to amend this Privacy Policy at any time, subject to applicable regulations. Any changes will be posted on this page as soon as possible. Notwithstanding the above, you should check this page regularly for any updates.
7. Your statutory rights regarding your personal data
7.1. What are your rights?
Subject to the conditions, restrictions and exceptions established by the legal provisions on data protection, you have the right at any time:
-to be informed about the data we collect and use and to request access to the relevant data or to demand a copy (right to be informed). You can also access all data you have directly provided to us on the Platform (see sections 1. and 2.), at any time, on your BSSN account;
– to demand the correction of inaccurate data and, subject to the nature of the collection and use, the completion of incomplete data (right of rectification). You can also change all the data you have provided directly to us on the Platform (2.) at any time in your BSSN account.
– subject to just cause, to demand the deletion of your data (right of deletion);
– to demand the restriction of the collection and use of your data, provided that the statutory criteria are met (right to restrict processing);
– subject to compliance with the statutory criteria, to receive the data you have provided in a structured, current and machine-readable form and to transfer such data to another processor or, where technically feasible, to have it transferred by BSSN (right to data portability)
– to object to the collection and use of data, only when such collection and use is based on a task carried out in the public interest or in the exercise of official authority conferred (art. 6 (1) (e) GDPR) or a legitimate interest (art. 6 (1) (f) GDPR), including profiling, according to the same grounds for data collection and use as explained in other sections of this statement (right to object). You also have the right to object at any time to the collection of your personal data for direct marketing purposes;
– to withdraw at any time any consent you have given us. Such withdrawal will not affect the lawfulness of the collection and use made prior to the withdrawal and on the basis of the authorization given. You may withdraw your consent to receive our newsletter by adjusting your BSSN account settings to block the sending of any further marketing emails. Alternatively, you can click “Unsubscribe” at the end of the marketing email;
– where a legal or similarly important decision concerning you has been made in a fully automated manner, to obtain human intervention by Vinted, express your views and challenge the decision;
– not to be subjected to discriminatory treatment while exercising your rights.
To exercise any of the rights specified in this section, you may contact BSSN and submit your request using the contact information (see Section 8 below). Regardless of any other legal remedy, you also have the right at any time to submit a complaint to the supervisory authorities.
7.2. How will we verify your request?
Your request must provide sufficient information to allow us to reasonably verify that you are the person or authorized representative of the person whose personal data we have collected (first name, last name, public profile URL, email address, other information we may request for verification purposes), describe your request with sufficient information to allow us to fully understand, evaluate and respond to it, and confirm, under penalty of law, that you are the person whose personal data is the subject of the request.
If your request is submitted by an authorized representative, written authorization and information verifying the identity of the representative must be included with the request.
We cannot provide you with information or enforce any other rights you have if we cannot verify your identity or your right to request and confirm information about yourself.
In order to verify your identity, we may ask you to provide additional information about yourself. We will only use this information and the information provided in the application to verify your identity or right to apply.
8. Our Contact Information
If you have any questions about the collection and use of your data in connection with your use of the Platform, or about your rights, please contact our Data Protection Officer at dpo@boatilus.com
Data Protection Officer BSSN: NEA srl. Via del Lavoro 15, 76121 Barletta Italy.
THE RULES OF THE COMMUNITY
It is to change our way of consumption, our way of using raw materials… to participate in the protection of the planet that we thought the BOATILUS community, the platform BOATILUS SHOE SOCIAL NETWORK, BSSN.
We have created this community of BOATILUS parents, the BOATILUS Shoe Social Network, BSSN, to allow all parents to easily give a second life to our BOATILUS shoes, so that they can give them away, exchange them or resell them easily by putting them in contact with each other.
The rules of BSSN, the BOATILUS platform help us to make BSSN an open and safe place for everyone and to form a real friendly online parent community.
If you don’t feel this way, or if you spot anything that doesn’t belong on the BSSN platform of www.Boatilus.com, don’t hesitate to let us know via the contact form of the site: We will try to improve or solve the problem as soon as possible!
Also, if you have an idea, a suggestion for BOATILUS, do not hesitate!
Important: Consult the community rules in order to guarantee a positive experience of donation, exchange or resale of your old BOATILUS shoes, second hand items.
Security
We maintain high security requirements for people and for the platform, that’s why we advise :
– not to send by mail photos of you or your children wearing the shoes you want to give, exchange or sell on which we see the face.
– not to respond to spam or phishing emails about your BSSN account or your activity on BSSN.
– to verify that the member is registered on the BBSN platform before disclosing private information in email exchanges.
We do not tolerate any form of harassment, threats, speech, hate or discrimination on BSSN.
Keeping you safe while communicating with the BSSN community is one of our top priorities.
Discriminatory attitudes or hate speech against others have no place on the platform. This includes, but is not limited to, those based on race, ethnicity, nationality, disability, religious affiliation, caste, sexual orientation, gender, gender identity or medical condition. We also seek to prevent any dangerous acts that could be committed outside the platform, after the connection: We do not allow the support, promotion or apology of terrorism, terrorist activities, organized violence, organized crime or hate groups.
If you notice that members undertake after linking these inappropriate activities or posting insulting comments, harassing other members, please report it to us, we will immediately block the member’s account and take the necessary measures.
We ask our members not to publish anything vulgar, pornographic or obscene in their emails after the connection. We have zero tolerance for sexual messages sent to anyone. Child pornography, pornography and explicitly sexual content or messages are against the law and any such content, or content that displays or promotes sexual acts, is illegal. If someone tries to harass you or posts nudity or images of a sexual nature in their mail
Finally, there is zero tolerance for copying on the platform. We do not allow counterfeits, imitations, i.e. the manufacture of copies of our shoes, thus violating intellectual property rights. Giving, exchanging or selling counterfeits or items that are imitations of genuine products is against the law.
These rules aim to make the BSSN platform and the BOATILUS community a safe environment for everyone. BSSN welcomes individuals from all walks of life to interact with each other by buying, selling and trading their used BOATILUS shoes.
If you feel that this is not the case, or if at any time you notice something that does not belong on BSSN, please let us know. So let’s be friendly and respectful to everyone in order to facilitate the exchange of our little BOATILUS shoes, and also to help protect our beautiful blue planet.