Terms of use

BamSell SAS,
87 Boulevard de Magenta, 75010 Paris, FRANCE
Updated: June 29, 2017.
By using BamSell, you hereby testify that you have read and agreed to the following terms and conditions. These terms and conditions apply to the services available from the domain and sub-domains of BamSell.com, and from all other BamSell-branded websites provided for.
BamSell SPRL, Belgium.

1. Privacy Statement

BamSell’s Social Marketplace services enable users to practice e-commerce more effectively and safely through networking and commissions for the promotion of each other’s events, goods and services. When users are involved in a transaction, they may obtain access to each other's name, user ID, and other contact information, postal information and MangoPay information. We cannot guarantee that other users will respect the privacy or security of your information and therefore we encourage you to evaluate the reliability and security policies of your trading partners before entering into transactions and choosing to pay them and share your information with them. Similarly, we ask you to respect other users' privacy and disclose your privacy and security policies to them. By law, you must give other users a chance to remove themselves from your database and a chance to review the information you have collected about them.
We may use your email address to send you services-related notices. We may also use your contact information to send you marketing messages. If you correspond with us by email, we may retain the content of your email messages, your email address and our responses. If you choose to use our invitation service to invite a contact on BamSell, we will ask you for that person’s email address and automatically send an email invitation. BamSell shops this information to send this email, to register your contact if your invitation is accepted, and to track the success of our invitation service.
We do not sell or rent your private information to any third party.
We do not shop your Financial Information ; transactions are secured by MangoPay.
Any emails sent by BamSell will only be in relation with the business you are conducting.
Each actor of a transaction is identified; details are in each user’s/shop’s Finance section.

2. Definitions

BamSell is a facilitator of business relationships, not an arbitrator. We give users and entities the opportunity to trade between each other in a more trusting environment and more effective speed ; manage their business with the tools we developed.
We constantly work on improving and maximizing their potential and safety for all users.

Account

An account is an admission in the BamSell network where you can subscribe for free on the homepage (BamSell.com). Once your account is opened you can:
  • Edit your profile/shop
  • Create more shops (can be entities)
  • Buy, Recommend or Sell goods, services and events
  • Customize your pages
  • Manage, Operate, Market and expand your sales easily
  • Add contacts, Join shops, start and manage businesses in cooperation with your contacts, and more

Item

Goods, services, events that are put up for sale on BamSell by users and that comply with Section 7. (Prohibited Activities)

Shop

BamSell gives you the possibility to open your own online shop(s) if it complies with Section 7. (Prohibited Activities)
Your shop cannot be updated/deleted under another user ID than yours if you haven’t given other user the permission to do it. You have no limitation of number of items in your shop(s).

Buyer

Can be an individual or an entity (created shop) who purchases an item Recommended/sold by another user/shop on BamSell.

Seller

Can be an individual or an entity (created shop) who sells an item for sale on his profile or as a shop.

Recommender

User who “Recommends” a contact’s item, Recommends it automatically to his contacts, and earns commission on each actual sale he Recommends.

3. Disclaimer

All users of BamSell have to be aware that people in the world do not always have others best interest at heart, that is why it is up to you check other user’s reliability, ratings, comments, sources, etc. and to conduct a safe and responsible business in good faith on BamSell.
As a buyer, you have to verify the reliability of the Sellers and the recommenders, and keep control of the content that they edit, upload, post or recommend.
As a recommender, you are liable in a transaction and have to verify the reliability of the source of each item before recommending it and it affecting your contacts.
As a seller, you are fully liable in a transaction and have to verify that you can and will deliver before you put each item up for sale, taking all factors into consideration.
BamSell excludes all liability for any loss suffered as a result of your visit to this website to the fullest extent permitted by law and liability for damages arising out of or in connection with your use of this website. Your use of information or data in any form provided by this website or through this website will be used entirely at the user's risk.
BamSell may contain hyperlinks to websites which belong to other parties than BamSell. Such hyperlinks are provided for your reference only. BamSell does not control such display and is not responsible for their content, although BamSell will keep working on improving security and reliability for users.

4. Registration and fees

Joining BamSell and creating shops using your account is free.
There is only a fee if you generate income by Selling.
For each effective transaction, BamSell Seller’s service fee will be of 5.5% + 0.30€ (equivalent), it includes the fees that we encouter with MangoPay (that you may aswell call the bank).
In case there is a recommender, Seller will encounter recommender fee (2% or more if seller decides to give recommenders more incentive) within the same type of parameters described right above. 2% of which are included in the 5.5%. The seller is free to increase the commission to thank recommender, to his charge, outside of the 5.5% base.
By using BamSell, you guarantee and warrant that :
  • All information you submit is accurate, current and complete;
  • You are 18 years of age or older;
  • If you are under 18, you may use BamSell only with the guidance of a parent or guardian.
As part of the registration process, you will be asked to select a username and password and you will be responsible for all activities occurring under your username and for keeping your password secure. You agree to notify BamSell as soon as possible of any unauthorized use of your account or password, or any other breach of security.
You may update any of your account information and data that you have permission to access and choose MangoPay account, by clicking on your Settings and Finances sections.
MangoPay reserves the right to refuse to open, suspend or close a wallet on its own initiative.

5. Sell/Buy on BamSell

Both private individuals and entities can open a/several shop(s) and sell their goods, services and events on BamSell. Each shop and item has to be referenced accurately within the events, goods and services categories.
If you are using BamSell as an entity, you testify that you have the authority to legally bind that entity. If you are trading as a business on BamSell, you must comply with all applicable laws relating to online trade in your country.
You have read MangoPay term’s before you Buy, Sell or recommend on BamSell.
All users, including Sellers, Buyers and recommenders will NOT :
  • breach any laws, sell any counterfeit items or otherwise infringe the copyright, trade mark or other rights of third parties;
  • fail to deliver payment for items purchased by you, unless the seller has materially changed the item's description after you purchase, a clear typographical error is made, or you cannot authenticate the seller's identity;
  • fail to deliver items purchased from you, and in the case buyer fails to provide delivery information correctly, you will advise him in order to sort the situation. All Sellers are advised to retain proof of delivery.
  • manipulate the price of any item or interfere with other user's listings
  • act in bad faith or with ill intention.

6. Payments

Transactions are secured by MangoPay, therefore each user has to comply with MangoPay’s terms of use.
Buyers, Sellers (and recommenders if applicable) share the responsibility for making sure that purchases facilitated by BamSell are reassuring, simple and effective.
At each transaction, Buyer pays Seller, and recommender (if applicable) is paid 2% commission simultaneously for connecting Buyer and an item for sale. Seller can increase recommender commission.
In order to protect its users, each transactions on Bamsell will be 3D secured. The minimum amount per transaction is set at 5 € (euros) and the maximum amount per transaction is set at 2500 €.

7. Prohibited Activities

BamSell reserves the right to remove in whole or in part an account without notice because of Prohibited use of BamSell. BamSell reserves the right to take appropriate legal action, including, without limitation, referral to law enforcement, for any illegal or unauthorized use of BamSell. You shall not in any way :
  1. violate any law, statute, ordinance or regulation.
  2. incite racism, bigotry, hatred or physical harm of any kind against any group or individual;
  3. harass or advocate harassment of another person;
  4. exploit people in a sexual or violent manner;
  5. publicly post information that poses or create a privacy or security risk to any person;
  6. recommend fake information;
  7. include a picture or video of another person that you have posted without that person's agreement;
  8. recommend criminal or tortuous activity, including, drug dealing, gambling, spamming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
  9. modifying, copying, distributing, downloading, scraping, in whole or in part, any content from BamSell other than your content which you legally post on;
  10. use the account, username, or password of another Member at any time or disclose your password to any third party or permit any third party to access your account;
  11. relay email from a third party's mail servers without the permission of that third party;
  12. relate to transactions involving (a) narcotics, steroids, certain controlled substances or other products that present a risk to consumer safety, (b) drug paraphernalia, (c) items that encourage, recommend, facilitate or instruct others to engage in illegal activity, (d) stolen goods including digital and virtual goods (e) items that recommend hate, violence, racial intolerance, or the financial exploitation of a crime, (f) items that are considered obscene, (g) items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction, (h) certain sexually oriented materials or services, (i) ammunition, firearms, or certain firearm parts or accessories, or (j) ,certain weapons or knives regulated under applicable law.
  13. relate to transactions that (a) show the personal information of third parties in violation of applicable law, (b) support pyramid or ponzi schemes, matrix programs, other "get rich quick" schemes or certain multi-level marketing programs, (c) are associated with purchases of annuities or lottery contracts, lay-away systems, off-shore banking or transactions to finance or refinance debts funded by a credit card, (d) are for the sale of certain items before the seller has control or possession of the item, (e) are by payment processors to collect payments on behalf of merchants, (f), are associated with the sale of traveler's checks or money orders, (h) involve currency exchanges or check cashing businesses, or (i) involve certain credit repair, debt settlement services, credit transactions or insurance activities.
  14. involve the sales of products or services identified by government agencies to have a high likelihood of being fraudulent.
  15. violate applicable laws or industry regulations regarding the sale of (a) tobacco products, or (b) prescription drugs and devices.
  16. involve gambling, gaming and/or any other activity with an entry fee and a prize, including, but not limited to casino games, sports betting, horse or greyhound racing, lottery tickets, other ventures that facilitate gambling, games of skill (whether or not it is legally defined as a lottery) and sweepstakes unless the operator has obtained prior approval from MangoPay and the operator and customers are located exclusively in jurisdictions where such activities are permitted by law.
In order to maintain and protect BamSell and its users as a trustworthy platform and community in the e-commerce industry, enforcement actions such as issuing serious warnings, limiting access rights, delisting all online items, terminating memberships, etc. will be taken against parties who display items which are in violation of our policies or do not comply with laws or regulations. Please refer to “Prohited and/or restricted items” (Annexes 1.)

8. Protecting Copyrights, Patents and Other Intellectual Property

BamSell respects your intellectual property, and expects you to do the same.
The intellectual property rights in all software and content posted on our platform remains the property of BamSell or and are protected by copyright laws around the world.
You are not permitted to publish, manipulate, distribute, or otherwise reproduce, in any format, any of the content, concept or copies of the content supplied to you or which appears on BamSell.
You shall not modify, translate, or create derivative works based on any software or accompanying documentation supplied by BamSell.

9. Dispute

For any dispute, refund, claims, please refer to MangoPay’s terms, including MangoPay’s Buyer Protection program and MangoPay’s Seller Protection .
After having read BamSell’s Term of use, you hereby declare that by using BamSell.com and its related services, you always will act in good faith and within these terms, you will comply with your local legislation, Belgian, European and International Laws.

Annexes

1. Prohibited and/or restricted items

A. Products Associated with Drugs or helping to pass drug controls

Prohibited: Recreational Drugs and Drug-Related Equipment
Promotion of substances that alter mental state for the purpose of recreation, or otherwise induce ‘highs’. Furthermore, products or services marketed as facilitating recreational drug use are also prohibited. Additionally, products that recommend instructional content about producing, purchasing or using recreational drugs are prohibited on BamSell.
Examples: Cocaine, crystal meth, heroin, marijuana, cocaine substitutes, mephedrone, ‘legal highs’, pipes and bongs, Instructional resources on drug use, are prohibited.
Products to help to Pass Drug Tests
BamSell does not allow sellers to list products that are considered aids to pass drug tests. This policy includes drug test cleansing products, urine drug test solutions or instructions on how to pass drug tests.

B. Products Associated with Alcohol

BamSell doesn't allow sellers to list alcoholic beverages or drinks that resemble alcoholic beverages, like non-alcoholic beer.

C. Products Associated with Gambling

BamSell doesn't allow sellers to list products that are gambling-related, including:
  • Gambling-related promotional products such as gambling-related vouchers, bonus codes, etc.
  • Gambling-related lotteries tickets such as non-national or state lotteries, or national or state lottery affiliates or aggregators
  • Physical lottery scratch cards
However, BamSell allows sellers to list physical gambling-related equipment that do not involve real gambling, for entertainment only including:
  • Gambling-related accessories, e.g. poker chips
  • Gambling-related physical items, e.g. poker books/DVD's/Video games for consoles
We've created this policy based on legal factors.

D. Products that are Dangerous to Others

We want to help keep people safe both online and offline, so we don’t allow the promotion of the following products that may mcause damage, harm, or injury.
Prohibited: Explosives
Products that are designed to explode and could cause damage to nearby people or property. Instructional materials on how to make explosives are also prohibited on BamSell.
Examples: Nail bomb, chemical bomb, any fireworks that explode, firecrackers, grenade, Bomb-making instructions, smoke/BB/paint grenades and such.
Prohibited: Guns and Parts
Functional devices that appear to discharge a projectile at high velocity, whether for sport, self-defense, or combat. Furthermore, any part or component necessary to the function of a gun or intended for attachment to a gun is also prohibited on BamSell.
Examples: Handguns, rifles, shotguns, hunting guns, functioning antique guns, airsoft guns, paintball markers/guns, bb guns, Gun scopes, ammunition, ammunition clips.
Prohibited: Dangerous Knives
Knives that are designed or recommended as products that can be used to injure an opponent in sport, self-defense or combat. Are also prohibited on BamSell any knife design that provides a confrontational advantage (including disguised appearance or assisted-opening mechanism).
Examples: Switchblades, tactical knives, fighting knives, sword-canes, balisongs, military knives, push daggers, throwing axes.
Prohibited: Other Weapons
Any other product designed to injure an opponent in sport, self-defense or combat.
Examples: Throwing stars, brass knuckles, crossbows or pepper spray.
Prohibited: Tobacco Products & Related Equipment
Tobacco or any products containing tobacco are prohibited on BamSell. Furthermore, products that form a component part of a tobacco product, products that directly facilitate or recommend tobacco consumption, products designed to simulate tobacco smoking, products that form a component part of a tobacco product, and products that directly facilitate or recommend tobacco consumption, are all prohibited on BamSell.
Examples: Cigarettes, cigars, snus, chewing tobacco, rolling tobacco, pipe tobacco, rolling papers, pipes, tobacco filters, hookahs, herbal cigarettes, electronic cigarettes or e-cigarettes, e-juice.
Please see a list of Sporting Good products that are allowed and restricted below:
What is not allowed for Sporting Goods:
  • Airsoft guns, parts, equipment, and ammo
    • Black powder
    • Blanks
    • Bullets and accessories
    • Casings
    • Primers
    • Shotgun Shells
  • Live firearms of any kind, parts, equipment, and ammo, including:
    • Pistols
    • Shotguns
    • Hunting rifles
    • Assault rifles
    • Sniper rifles
    • RPG launchers
    • Grenade launchers
    • Machine guns
    • Sub-machine guns
    • Zip guns
    • Starter guns
    • Muzzleloaders or black powder guns
    • Automatic weapons
    • Antique and collectible guns
    • Muskets (with or without bayonet)
  • Slingshots and ammo
  • Archery bows, parts, equipment, and arrows
  • Dart blowers, dart guns, and darts
  • Throwing stars and throwing knives
  • Knives, including:
    • Combat knives
    • Daggers
    • Switchblades
    • Butterfly knives
    • Spring-loaded knives
    • Gravity-assisted knives
    • Hunting knives
    • Skinning knives
    • Serrated blades
    • Pocket/Utility knives
    • Razorblades
    • Bayonets
  • Machetes
  • Nunchucks and nunchaku
  • Tasers and stun guns
  • Pepper spray
  • Clubs and blunt force striking instruments, such as:
    • Billy clubs
    • Escrima sticks
    • Rattan canes
    • Bo and jo staffs
    • Bludgeons
    • Blackjacks
    • Weighted clubs
    • Sjamboks
    • Truncheons, nightsticks, and batons
  • Medieval style weaponry, including:
    • Swords of any size or kind
    • Axes (including hatchets and throwing axes)
    • Warhammers
    • Spears
    • Halberds
    • Sickles
    • Scythes
    • Rapiers
    • Daggers
  • Cannons
  • Explosives of any kind and size, including fireworks
  • Harpoons and harpoon guns
  • Hunting nets used in the capture of live animals
    • Storage nets for the protection of items while camping are allowed
    • Fish nets are allowed
    • Mosquito nets are allowed
  • Traps that are poisonous, lethal, or wounding
  • Cages used to capture animals, automatically or manually
  • Cages that are used to transport or house animals that are not common household pets
  • Repellants that are poisonous, lethal, or wounding
    • Sound and water repellants are allowed
    • Bug spray repellants are allowed
  • Any form of animal poison
  • Whips and crops
  • Hoverboards and parts that are not UL Certified
  • Live bait for fishing or hunting
  • Live animal launchers, most notably bird launchers

E. Products Associated with Endangered Species

BamSell doesn't allow sellers to list products that are obtained from endangered or threatened species.
We've created this policy based on user feedback and legal factors.

F. Products Associated with Fake Documents

BamSell doesn't allow sellers to list fake documents for sale.

G. Financial or Other Related Products

BamSell doesn’t allow sellers to list products related to cash disbursements; money orders; traveler’s checks; precious metal bullion, stocks, bonds, or related financial products; stored value cards; discount currencies or currency exchange.
Gift Cards
BamSell allows sellers to list gift cards with a few restrictions. The following requirements must be met:
  • You should comply with all applicable laws for each country that you are targeting, including, but not limited to, limits on denomination.
  • Only shop gift cards that can be used only at a particular shop or group of shops are allowed. For example, prepaid gift cards from American Express, Discover, MasterCard, or Visa (that can be used at any shop where the brand is accepted) are not allowed.
  • Important information for users such as fees, expiration date, country restrictions, participating shops, and any other limitations must be clearly disclosed on the landing page.
  • Discount gift vouchers or coupons, where spending a minimum amount of money is required to get the discount on particular goods or services, are not allowed.
  • Gift cards that are solely or primarily redeemable for alcohol, endangered species, fireworks, gambling related content, healthcare related products, illegal products, tobacco, or weapons are restricted per each corresponding policy.

H. Products Pertaining to Healthcare and Medicine

BamSell restricts sellers from listing certain kinds of healthcare-related products. We've created this policy due to legal regulations and to ensure a positive user experience.
What is not allowed for Healthcare and Medicine?
  • Any product requiring a prescription, including pet supplies
  • Certain Pharmaceuticals and Supplements are not allowed, irrespective of any claims of legality
  • General over-the-counter medicine which includes the following:
    • Aspirins
    • Ibuprofens
    • Cough medicine
    • Cough drops
    • Flu medicines
    • Allergy medicines
    • Sleep aids
    • Daily and supplemental vitamins
    • Pain relievers
    • Nasal sprays
    • Wart and blemish removers
    • Medicinal creams (pain relief, hemorrhoid, etc.)
  • Sexual enhancement creams, lotions, lubricants, and pills
  • Condoms
  • Medical devices and tests
  • Medical services and procedures
  • Hormone adjustment products and steroids
    Examples: testosterone boosters, estrogen boosters, hormone reduction products
  • Alcohol recovery products
    Examples: alcohol metabolizer pills and liquids
  • Scalpels and needles
  • Pregnancy and fertility-related products and services

I. Products Containing Human Remains and Body Parts

BamSell doesn’t allow product listings for body parts or human remains in any form, which includes but is not limited to organs, bones, skin and any bodily fluids including feces. The only exception that is acceptable to sell on BamSell is hair used for wigs.

J. Products Associated with Illegal Hacking

BamSell doesn't allow product listings or websites that recommend hacking by providing instructions or equipment to illegally access or tamper with software, servers, cell phones, or websites.

K. Products Offering Live Animals

BamSell doesn't allow sellers to list live animals.

L. Products Offering Online Gaming Goods and Currency

BamSell doesn't allow sellers to list products related to the sale of online gaming currency or in-game virtual items.

M. Products Associated with Stolen Property and Lock Picking Devices

BamSell doesn't allow sellers to list stolen property or lock picking devices. This also includes products where the serial number has been removed or altered.
We've created this policy to protect our users' online safety and to also be in compliance with local laws.

N. Products Associated with Traffic Devices

BamSell doesn't allow sellers to list products that are designed to interfere with the enforcement of traffic laws. While radar detectors are allowed in most countries, radar jammers and other law evading products aren't allowed.

O. Products With Adult-oriented Content

BamSell restricts promotion of the following types of adult-oriented content:
  • adult merchandise
  • sexually suggestive content
  • images containing exposed skin and nudity