“CUSTOMER”: The person making a purchase on the WEBSITE.
“BS OUTDOOR”: BS OUTDOOR, a limited liability company with its registered office at 235 avenue des Chênes Rouges 30100 Alès. KBIS number: 498,795,244.
“WEBSITE”: defines the website https://naitup.com/ which is designed to sell customers their roof top tents and related accessories online.
2. What are these terms and conditions for?
2.1 When you buy a NaïtUpTM product, you subscribe, as a buyer, to a sales contract with the company BS OUTDOOR, who makes these products.
2.2 Your rights and obligations as well as those of BS OUTDOOR in connection with this sale are governed by this contract.
3. About concluding an electronic contract on the web
3.1 In order to complete a purchase of a NaïtUpTM. product, you must first read the general terms and conditions and accept them for the process necessary to approve the purchase.
3.2 As required by law, you may download and save these terms and conditions.
3.3 When the contract is concluded on the web, the contract is an electronic contract pursuant to the corresponding laws (article 1125 and following of the French civil code).
3.4 It is this process that approves the contract you enter into with BS OUTDOOR to purchase a NaïtUpTM product.
3.5 The general terms and conditions of sale of BS OUTDOOR may change. If you make other purchases, please read the contract carefully before buying.
3.6 The date of establishment of the terms and conditions is clearly indicated to enable you to easily check for any updates.
3.7 You can access previous versions of our terms and conditions at any time on our website in the dedicated section.
4. Warning about the description of products sold on the web
4.1 To enable you to view our products available for sale as accurately as possible, BS OUTDOOR uses photos and videos.
4.2 Pursuant to relevant law (in particular Article L.111-1 of the French Consumer Code), the essential characteristics of NaïtUp tents are described as precisely as possible in the media and/or text descriptions.
4.3 However, the size and quality of the screen used to view the products and the power of your connection may alter the proper perception of these images (shapes, colours, etc.).
4.4 Therefore, we would ask you to carefully read the descriptions that we make available to you and in case of doubt about a product, please contact BS OUTDOOR to obtain the necessary details before proceeding with the purchase.
5. Product unavailability
5.1 BS OUTDOOR displays the availability of the products we sell on the website.
5.2 However, should BS OUTDOOR make an error concerning the availability of a product, we shall inform the buyer who can either:
➢ confirm their order by accepting a longer delivery time than that initially indicated ➢ request reimbursement of the price paid.
6.1 The prices of the products for sale on the web are expressed in euros (€) and are understood to be “all taxes included” including VAT.
6.2 Product prices may change between each purchase.
7. Ordering on the web
7.1 Before completing your purchase you can:
➢ Check the details of your order
➢ Check the total price of your order
➢ Correct any errors
7.2 Once these verifications and/or corrections have been made, please read these general terms and conditions of sale and should you accept them, formalise your agreement by clicking on the dedicated area.
7.3 The order is then definitively recorded if the payment transaction is accepted by the banking establishment.
7.4 Confirmation will be sent via e-mail indicating the essential elements of the order placed (order reference, list of products ordered, reminder of the price, etc.).
7.5 The purchase process described is that set up by the BS OUTDOOR website for the direct sale of NaïtUpTM products. This process may be different on other websites selling our products, such as Marketplaces or partner websites.
8. Payment and invoice
8.1 On our website, you can pay for your purchases by credit card, bank transfer or check.
8.2 Accepted bank cards are specified on our website.
8.3 To ensure the security of online banking transactions BS OUTDOOR has chosen the PAYGREEN solution, published by WATT IS IT SAS, a simplified joint-stock company with capital of €107,560 and registered with the Paris Trade and Commercial Register under number RCS 529 339 186, with their head office at 17, rue du Colisée 75008 PARIS, France.
8.4 Each step is encrypted and protected. The Secure Sockets Layer (SSL) protocol is used. Thus the information related to the order and the number of the bank card always remain confidential.
8.5 Purchase invoices are sent to you electronically. They can be viewed on the WEBSITE in your CUSTOMER account under the my orders section.
8.6 The payment means provided on other websites likely to sell our products may vary and you should always check them before completing your purchase.
8.7 Shipping costs are calculated separately from the purchase price depending on the selected delivery method.
8.8 The shipping costs are payable by the CUSTOMER in addition to the price of the products purchased for retail products exported outside Mainland France. For sales within Mainland France, the shipping cost is included in the selling price.
8.9 Details of delivery times and costs are indicated on the WEBSITE.
9.1 Deliveries can be made in all the countries specified on the WEBSITE. If the country where you wish to have a product shipped is not in the list, please contact the CUSTOMER service.
9.2 Shipping costs, times and methods may vary depending on your purchases. This information shall be communicated to you during the purchase process and confirmed by email when confirming the order.
9.3 When purchasing, please carefully enter the delivery address because it will be used to ship the products ordered.
9.4 Order preparation and shipping times are listed on the WEBSITE. These deadlines are exclusive of weekends and public holidays.
9.5 You shall be notified about the dispatch of the product ordered by e-mail.
9.6 The package shall be delivered after signature and upon presentation of an identity document.
9.7 BS OUTDOOR uses carriers for the delivery of its larger products. You shall be continuously informed of the progress of your order via the tracking link sent to you directly by the carrier. The latter shall contact you to agree on an effective delivery date.
9.8 The CUSTOMER shall be informed of the delivery date set when they choose the carrier, at the end of the online ordering procedure, and before confirming the order.
9.9 Deliveries are made within thirty (30) days maximum.
9.10 If the delivery time is not respected, the CUSTOMER has the right to cancel the purchase after sending a prior formal notice addressed to BS OUTDOOR (article 1344 of the French civil code).
9.11 Should you request the termination of the sale due to late delivery, BS OUTDOOR shall reimburse you, without undue delay from receipt of the letter of termination, the total amount paid for the products, taxes and delivery costs included, using the same payment method used to purchase the products.
|Country||Shipping a tent|
|France||€49 tax incl. mainland France (Excluding Corsica and others)|
|Other destinations||Variable according to the destination country – amount indicated when completing your billing address.|
10. Right of withdrawal
10.1 You have a withdrawal period of 14 days to cancel the purchase.
10.2 The 14-day period begins on the day after receipt of the purchased product.
10.3 If this period ends on a Saturday, Sunday or public holiday, it shall be extended until the first following working day.
10.4 If you have ordered several products delivered separately or should your order constitute a batch of multiple parts whose delivery is staggered, the period begins on receipt of the last goods or batch, or the last part.
10.5 To withdraw, please use the withdrawal form that we make available to you in the appendix, under these general conditions and send it back to us by post or by email at this address: contact@naitup or 235 avenue des chênes rouges 30100 Alès
10.6 Article L 121-20-12 of the French Consumer Code, grants you a legal period of fourteen (14) clear days from the day of receipt of the package to return it to us. Should this period end on a Saturday, Sunday or public holiday, it shall be extended until the next working day.
10.7 The product shall be returned in its original packaging and be in perfect condition: should we observe any damage to the returned products, we can refuse the return of the products, the refund and return the package to you at your own expense.
10.8 Pursuant to article L221-23 of the French Consumer Code, you must cover the cost of organising and returning the product(s) that you return to BS OUTDOOR.
10.9 If the return is not refused, the refund shall be made within fourteen days from the day BS OUTDOOR receives the item.
11. Transfer of ownership
11.1 The transfer of ownership of the products for the benefit of the CUSTOMER only occurs after complete payment of the price.
11.2 Any risk of loss or damage to the goods is transferred to the customer when the latter or a third party designated by them, and other than the carrier proposed by the professional, takes physical possession of these goods (article L134-8 of the French consumer code).
11.3 When the CUSTOMER takes possession of the goods, they must check the condition of the goods with the carrier and formulate any reservations concerning damage observed, directly with the delivery person who is required to record this information.
11.4 The CUSTOMER must read very carefully the instructions communicated to them by email before delivery.
11.5 The delivery professional cannot refuse to register these reservations which constitute a means of proof in the event of a dispute.
11.6 Should the delivery professional refuse to register the reservations or if there is damage to the product(s), you are advised to refuse delivery.
11.7 The CUSTOMER may then appeal to the carrier at fault.
12.1 BS OUTDOOR guarantees the conformity of the products ordered and shall cover any conformity failure at the time of delivery (article L.217-4 of the French consumer code) and for a period of 5 calendar years from receipt of the goods (article L.217-7 of the consumer code).
12.2 Should there be a nonconformity, the CUSTOMER can request BS OUTDOOR: ➢ to either repair the product
➢ or replace the product with an equivalent.
12.3 BS OUTDOOR shall be free to choose the least expensive solution should there be a manifestly disproportionate cost of the solution desired by the CUSTOMER with regard to the value of the goods or the importance of the defect (article L217-9 of the French consumer code) .
12.4 Should none of the solutions mentioned the possible, or cannot be achieved within one month of the complaint, or should this solution present a major inconvenience for the CUSTOMER given the nature of the product and its intended use, the CUSTOMER can (article L217-10 of the French consumer code):
➢ return the product and be reimbursed.
➢ keep the product and be reimbursed part of the price.
12.5 Should the PRODUCT be returned to BS OUTDOOR, the return costs shall be reimbursed based on proof.
12.6 Pursuant to Article 3 of the Decree of December 18 2014 relating to the information contained in the general terms and conditions of sale in terms of legal warranty, this section recalls the rights of the consumer concerning the warranty:
“When acting as a legal guarantee of conformity, the consumer:
– has a period of two years from delivery of the property to act; – can choose between repairing or replacing the goods, subject to the cost conditions provided for in article L. 211-9 of the French consumer code; – is exempted from providing proof of the existence of the lack of conformity of the goods during the six months following the delivery of the goods. This period shall be extended to twenty-four months from March 18, 2016, except for second-hand goods.
The legal guarantee of conformity applies independently of any commercial guarantee granted.
The consumer can decide to implement the guarantee against hidden defects of the objects sold pursuant to article 1641 of the French civil code. In this case, they can choose to cancel the sale or accept the sale price reduction pursuant to article 1644 of the French civil code. »
13. Force majeure
13.1 In accordance with Article 1218 of the French Civil Code, any breach of any of the obligations of this agreement caused by a case of force majeure, shall exonerate the parties from their liability.
13.2 Should such an event occur, BS OUTDOOR, unable to perform their service, shall inform the CUSTOMER by any means as soon as possible.
13.3 The suspension of the obligations or the delay can in no case be a cause of liability for non-execution of the obligations of the party in question, nor give rise to the payment of damages or penalties for delay at their expense.
14. Intellectual property
14.1 All content of the WEBSITE including, but not only, graphics, images, texts, videos, animations, sounds, logos, gifs and icons as well as their formatting are the exclusive property of the company BS OUTDOOR. Except for trademarks, logos or content belonging to other partner companies or authors: any reproduction, distribution, modification, adaptation, retransmission or publication, even partial, of these various elements is strictly prohibited without prior express written consent from the owners.
14.2 This representation or reproduction, by any means whatsoever, constitutes an infringement punishable according to articles L.3335-2 and following of the Intellectual Property Code.
14.3 Failure to comply with this prohibition constitutes an infringement which may imply the civil and criminal liability of the liable party. Moreover, please remember that offenders face the risk of the owners of the copied content taking legal action against them on these bases. BS OUTDOOR is also the owner of the “rights of database producers” referred to in Book III, Title IV, of the French Intellectual Property Code (law number 98-536 of July 1, 1998) concerning copyrights and databases
15. Personal data
15.1 Simple consultation of the WEBSITE does not require registration or identification with BS OUTDOOR.
15.2 BS OUTDOOR shall be responsible for processing the personal data collected.
15.3 This data collection takes place according to provisions of REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of April 27 2016 concerning the protection of individuals with regards to the processing of personal data and to the free movement of this data (General Data Protection Regulation or GDPR).
15.4 The personal data collected when you make a purchase are as follows: surname, first name, postal address, email address, mobile phone number.
15.5 The collection of personal data is pursuant to articles 6.1.b and 6.1.c of the aforementioned GDPR.
15.6 In accordance with articles 15 to 22 of the GDPR, concerning your data that BS OUTDOOR holds, subject to compliance with legal and regulatory provisions and contractual requirements, you have the following rights: right to access, right to rectify, right to delete, right to limit processing, right to be notified of rectifications, limit, right to data portability, right to object, right not to be the subject of profiling.
15.7 To exercise these rights, please write to the following email address: email@example.com
15.8 As part of such a request, we shall ask you to provide proof of your identity in order to ensure accuracy.
15.9 Apart from the legal periods imposing longer retention periods, the personal data collected shall be kept for one year after the last purchase.
16. After sales service
16.1 The operating methods of our after-sales service may vary depending on your country.
16.2 In order to allow optimal functioning of the latter, we give some details in the appendix of this operation.
17. Applicable law – Disputes 17.1 Our general terms and conditions are subject to French law.
17.2 Should there be a dispute, the consumer shall be informed that they may have recourse to a consumer mediator, under the conditions pursuant to Articles L. 611-1 and following of the French Consumer Code, and according to the process accessible at the address Internet: www.economie.gouv.fr/mediation-conso.
17.3 In accordance with the provisions of the French Consumer Code concerning the amicable settlement of disputes, BS Outdoor adheres to the Service of the French e-commerce Mediator FEVAD (French federation of e-commerce and distance selling) whose contact details are as follows: 60 Rue La Boétie – 75008 Paris – http://www.mediateurfevad.fr.
17.4 Following prior written action by consumers concerning Bs Outdoor, the Mediator’s Service may be contacted for any consumer dispute not successfully settled. To find out how to contact the Mediator, please click here
Annex – WITHDRAWAL FORM (The use of this form is optional)
Do you wish to cancel the purchase made? We hereby simplify the process for you by providing you this withdrawal form. Please fill it out and send it back to us at the following address or by e-mail to the following address:
BS OUTDOOR – NAITUP 235 AVENUE DES CHENES ROUGES 30100 ALES, FRANCE
1. Last name, first name of CUSTOMER [__________________________________] 2. CUSTOMER address:
I hereby notify you of my withdrawal from the contract relating to the sale of the PRODUCT referenced below:
3. PRODUCT reference: [________________] Invoice number: [________________]
4. Purchase order number: [________________] Ordered on [____________]
5. Received on [________________]
6. at the following address:
7. Means of payment used [________________]
8. Date [________________]
9. Signature of the CUSTOMER (except in the case of transmission by email)
18. Special conditions of the “Prem’s Summer Offer”
BS Outdoor offers customers ordering to choose the “Prem’s Summer Offer”. This offer implies a derogation from the general terms and conditions of sale of BS Outdoor. To benefit from this, you must therefore agree to these provisions, which replace the standard pricing conditions and delivery times.
This chart summarises the Prem’s Summer offer:
By accepting this offer I understand that:
a – I benefit from the price reduction as shown in the table on: https://naitup.com/boutique/
b – A delivery time different from those given in the general terms and conditions is proposed to me.
c – The date of shipment (or availability for collection) of my tent shall be communicated to me approximately one week before shipment or collection (depending on my choice).
d – If I am not there on the scheduled date, the following may occur:
19. Special conditions of the “Prem’s Winter Offer”
BS Outdoor offers customers ordering to choose the “Prem’s Winter Offer”. This offer implies a derogation from the general terms and conditions of sale of BS Outdoor. To benefit from this, you must therefore agree to these provisions, which replace the standard pricing conditions and delivery times.
This chart summarises the Prem’s Winter offer:
By accepting this offer I understand that:
a – I benefit from the price reduction as shown in the table on:
b – A delivery time different from those given in the general terms and conditions is proposed to me.
c – I can postpone this date for a maximum of one week without charge, or delay or cancellation of the offer.
d – I must confirm via email my agreement for the delivery date.
e – Should I not respond, my order is removed from the production circuit and I must contact NaïtUp to put my order back into production (the delivery date of March 31 can no longer be guaranteed).
d – If I do not confirm the date or if I am not present on the scheduled date, the following occurs:
Appendix – After Sales Service
➢ For Mainland France: BS OUTDOOR
235 avenue des chênes rouges 30100 Ales.
➢ For Switzerland:
• Should you encounter a problem after purchasing a Hussarde tent that you have taken possession of in Switzerland, please contact us so that we can put you in touch with our partner in your country:
235 avenue des chênes rouges 30100 Ales – 09 81 86 04 93 firstname.lastname@example.org
• Our partner shall then contact BS OUTDOOR to allow us to process your request. You will be kept informed throughout the process of processing your request.
• Should the intervention be covered by the guarantee, we shall formalise a proposal for technical support with you.
• If you approve this proposal, the parts necessary for the repair are sent to our partner who carries out the required operations.
• Should the intervention be not covered by the guarantee, we can offer you a repair estimate to be carried out by our partner.
• Should you accept this repair estimate, you must pay the partner directly for their operation carried out using original Naït Up parts shipped by BS OUTDOOR.
Appendix – After Sales Service
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