Terms & conditions

Version 1.0

This is an English translation of our Dutch terms and conditions, provided for convenience. In the event of any difference in interpretation, the Dutch version prevails.

Article 1 - Who we are

Camera-tweedehands.nl B.V.
Kerkstraat 47-Bis, 4191 AA Geldermalsen, The Netherlands
Phone: 085 301 83 32
Email: klantenservice@camera-tweedehands.nl
Chamber of Commerce (KvK): 80564674
VAT ID: NL861717971B01

We are affiliated with WebwinkelKeur.

Article 2 - What these terms mean

Cooling-off period - the period within which you can exercise your right of withdrawal.
Consumer - a natural person not acting in the course of a trade or business.
Day - calendar day.
Durable medium - any means that allows you to store information in a way that permits later consultation and unaltered reproduction, such as email or a PDF.
Right of withdrawal - your option to cancel a distance contract within the cooling-off period.
Purchase by us - the situation in which we buy equipment from you.
Trade-in - the situation in which you sell equipment to us and at the same time buy equipment from us.
Margin-scheme product - a second-hand product to which the VAT margin scheme applies. No VAT is itemised on the invoice and no VAT can be reclaimed.
Distance contract - a contract concluded exclusively via the internet, telephone or email, without us being physically together.
We / us - Camera-tweedehands.nl B.V.
You - the customer, both consumer and business buyer, unless stated otherwise.

Article 3 - When these terms apply

These terms apply to every offer we make and to every contract between you and us - online, by telephone, by email and in our showroom.
Before you conclude a contract with us, we make these terms available to you. Online, we do so in a way that allows you to save them. Where that is not reasonably possible, we will indicate where you can consult them and send them to you free of charge on request.
If specific conditions apply to a product or service in addition to these terms, you may, in the event of conflict, always rely on the provision that is most favourable to you.
If any provision of these terms is void or voidable, the remaining provisions remain in force. We will replace the provision concerned with a valid provision that approximates its intent as closely as possible.

Article 4 - Our offer

If an offer has a limited period of validity or is subject to conditions, we state this explicitly.
Our offer contains a complete and accurate description of the product. Images represent the product offered truthfully. Obvious mistakes or errors do not bind us.
Every offer makes clear which rights and obligations are attached to it. In any case we state:
- the price including taxes;
- any shipping costs;
- how the contract is concluded;
- whether the right of withdrawal applies;
- the method of payment and delivery;
- the period of validity of the offer;
- whether the contract is archived and how you can consult it;
- how you can check and correct your details before concluding the contract.
All prices on our website and in our quotations are subject to typing and printing errors. If we can demonstrate that an error occurred - for instance by reference to prices elsewhere on our website, at other shops or in earlier sales - no contract is concluded, or the contract can be undone.

Article 5 - How a purchase contract is concluded

The contract is concluded at the moment you accept our offer and meet the stated conditions.
If you accept online, we confirm receipt of your acceptance without delay by email. As long as we have not confirmed it, you may dissolve the contract.
We take appropriate technical and organisational measures to process your details and your payment securely.
Within the limits of the law, we may inform ourselves as to whether you can meet your payment obligations. If we have good grounds not to enter into the contract, we may refuse an order, giving reasons, or attach special conditions to it.
With the product, we send you in any case:
- our visiting address for complaints;
- how you can use the right of withdrawal, or notice that it is excluded;
- information about warranty and after-sales service;
- the information referred to in Article 4(3), insofar as you did not already have it.
If you reserve a product - for instance by telephone or in the showroom - we hold it for you until 17:00 on the agreed day. After that, the reservation lapses automatically, unless we agree otherwise. An online order that has not yet been paid is not a reservation in this sense; the payment term stated in the ordering process applies to it.
A reservation or offer is only valid once you have agreed to it and we have confirmed it.

Article 6 - Payment

You pay using one of the payment methods offered during the ordering process.
Online orders are paid in advance, unless expressly agreed otherwise.
If you do not pay on time, we first send you a payment reminder with a reasonable period to pay after all. If payment still fails to arrive, we may charge the statutory interest and the legally permitted collection costs.
You are obliged to report inaccuracies in the payment details you have provided to us without delay.

Article 7 - The price

Prices remain valid for the period stated in the offer, except in the event of changes in VAT rates.
Variable prices may apply to products whose price depends on fluctuations in the financial market beyond our control. We always state this with the offer.
Price increases within three months of concluding the contract are only permitted if they result from statutory regulations.
Price increases after three months are only permitted if this has been stipulated and they result from statutory regulations, or if you may terminate the contract from the day the increase takes effect.
The products in our web shop are margin-scheme products, unless stated otherwise with the product. No VAT is itemised on the invoice for a margin-scheme product and no VAT can be reclaimed.
All prices we offer when buying equipment from you are inclusive of VAT or margin prices, depending on whether you sell as a business or privately. In the case of an intra-Community supply with the VAT reverse-charged, you receive a price exclusive of VAT, with a note stating that the VAT has been reverse-charged.

Article 8 - Delivery and shipping

We handle the receipt and execution of orders with care. The place of delivery is the address you have given us.
We execute accepted orders expeditiously, at the latest within 30 days, unless we agree a longer period in writing. If delivery is delayed, or if we can only deliver in part, we let you know within 30 days of your order. You may then dissolve the contract free of charge.
In the event of dissolution, we refund the amount you paid as soon as possible, at the latest within 30 days.
If delivery proves impossible, we make an effort to offer an equivalent replacement item. We state this clearly. The costs of returning such a replacement item are borne by us.
The risk of damage or loss rests with us until the moment of delivery to you or to a representative designated by you, unless expressly agreed otherwise.
Delivery to an unattended location. If you yourself ask the carrier to leave the parcel at an unattended or publicly accessible place - by the front door, in the garden, in a shed or similar - all insurance rights and any liability for loss, theft or damage lapse from the moment the parcel is left there. We ship with signature on delivery as standard; any deviation from this at your request is entirely at your own risk. If you choose a locked letterbox or parcel box that is not publicly accessible, the insurance remains in place.

Article 9 - Right of withdrawal on purchases

The right of withdrawal applies to consumers only. It does not apply to business buyers, unless we expressly agree otherwise.
The right of withdrawal applies exclusively to online purchases, not to purchases in our showroom.
If you buy online, you may dissolve the contract within 14 days without giving reasons. That period starts on the day after you, or a person designated by you, received the product.
During the cooling-off period you handle the product and its packaging with care. You may unpack and test the product as you would in a shop. If you exercise your right of withdrawal, you return the product with all accessories and, where possible, in its original state and packaging, following our instructions.
You notify us within 14 days that you wish to exercise your right of withdrawal, using the model form in the annex or in another unambiguous manner. Use of the form is not obligatory. If you notify us electronically, we send you a confirmation of receipt without delay.
You then return the product within 14 days. The risk and the burden of proof for the correct and timely exercise of the right of withdrawal rest with you.
The direct costs of returning the product are borne by you.
What we refund. We refund all payments you have made, including the delivery costs we charged for shipping to you, at the latest within 14 days after you notified us of the withdrawal. If you chose a more expensive shipping method than our cheapest standard delivery, we do not refund the additional costs.
We refund using the same means of payment you used, unless you agree to a different method. The refund is free of charge for you. We may withhold the refund until we have received the product, or until you have demonstrated that you have returned it - whichever comes first.
If you handle the product beyond what is necessary to establish its nature, characteristics and functioning, we may charge you for the loss in value. You are not liable for loss in value if we did not provide you with all legally required information about the right of withdrawal before or at the conclusion of the contract.
If you exercise your right of withdrawal, all supplementary agreements are dissolved by operation of law.

Article 10 - When the right of withdrawal does not apply

We may exclude the right of withdrawal in the cases below. We state this clearly in the offer, in any case in good time before the contract is concluded.
The right of withdrawal does not apply to products:
- made to your specifications or clearly personal in nature;
- that by their nature cannot be returned;
- whose price is subject to fluctuations in the financial market beyond our control;
- audio and video recordings and computer software whose seal you have broken;
- hygiene products whose seal you have broken;
- that you bought in combination with trading in other photographic equipment.
The right of withdrawal does not apply to services performed in full with your express consent before the cooling-off period has expired, where you declared that you waived your right of withdrawal.

Article 11 - Warranty and conformity

11.1 General

We warrant that our products comply with the contract, with the stated specifications and with reasonable requirements of soundness and usability.
A warranty provided by us, the manufacturer or the importer does not affect your statutory rights.
The warranty applies exclusively to defects that were not known or visible at the time of sale. Defects and damage caused by the user are not covered.
The warranty can only be invoked by the first buyer and is not transferable. You can only claim under the warranty if you can produce proof of warranty.
We are not obliged to provide a replacement device during the repair or examination period, unless you purchased the paid replacement-device option with your order.
We are not responsible for the duration of a repair at an external party. If a repair takes longer than six months, we will look for a solution in consultation with you. We choose the repairer where the repair takes place.

11.2 Warranty period

Second-hand products carry a minimum warranty period of 12 months, unless stated otherwise with the product.
New products carry a warranty period of 24 months.

11.3 What we consider normal wear

Second-hand equipment has been used. You cannot expect a second-hand product to function as new. By normal wear - which is not covered by the warranty - we mean slight deviations that do not affect the primary functioning and that fit the age of the product. Think of:

play in moving or mechanical parts;
slight deviations in buttons or control dials;
cosmetic signs of use;
wear or lifting of rubber grips;
wear on screens;
deviation in shutter speeds of up to on average one stop across the full range, where no CLA has been carried out;
mechanical tolerances;
dust formation, fungus, moisture or oxidation marks.

Only defects that clearly deviate from the condition to be expected at purchase and that demonstrably affect the functioning qualify for warranty - provided they were not caused by user damage, external influences or improper use.

11.4 Buttons and controls per condition grade

Buttons and control dials can become less precise over time. We apply the following minimum threshold for correct functioning per condition grade:

Condition	Function works at least
New	100%
Like new	98%
Excellent	85%
Good	70%
Well used	50%
Heavily used	50%

A control dial that does not respond to every single click falls within these limits and counts as normal wear.

11.5 Sensor pixels per condition grade

Condition	Maximum number of dead or hot pixels
New	0
Like new	1
Excellent	2
Good	3
Well used or heavily used	5

This falls within normal usage tolerances and has only a minor effect on image quality.

11.6 Shutter mechanism

For DSLR and mirrorless system cameras, the shutter mechanism is covered for 12 months or up to a maximum of 50% of the rated shutter life for that model - whichever is reached first.

Example: the shutter of a Canon 5D Mark IV has a rated life of 150,000 actuations. The warranty then applies up to a maximum of 75,000 actuations counted from your purchase.

11.7 Batteries

A second-hand battery or other power-storage device must reach at least 30% of its rated capacity or output. If the capacity is below that, the warranty applies.

11.8 Wearing parts

Flash tubes and separate lamps, including modelling lamps in flash units, are wearing parts. Defects caused by normal use, wear, overload or external influences are not covered by the warranty. Your statutory rights remain unaffected.

11.9 Screens

Reduction in brightness or contrast, and slight visual deviations such as scratches or discolouration that do not affect the primary functionality, count as normal wear. They are not covered by the warranty, unless they deviate significantly from what you could reasonably expect on the basis of the stated condition.

11.10 Leica, Hasselblad, Pentax and comparable brands

If no CLA (Clean, Lubricate & Adjust) has been carried out and this is not stated with the product, defects covered by the warranty can often only be remedied through a full CLA. In that case we cover the costs that relate to remedying the defect. Additional costs arising from supplementary maintenance or an increase in value may be passed on to you as a reasonable contribution. Alternatively, we may dissolve the contract and refund the purchase amount.

11.11 Duty to inspect on receipt

Inspect your purchase carefully immediately after receipt for functioning and physical defects. Pay attention in any case to: drop and impact damage, damage to glass, internal dust in lenses, damage to the sensor, unexpected signs of use, damage to the body, and whether you received the correct model.
Report visible transport damage and other immediately noticeable defects as soon as possible, at the latest within 7 days of receipt, in writing or by email. That period is linked to the period within which the carrier accepts damage claims. If you report later, we can no longer objectively establish whether the damage was present on delivery or arose during transport, and we can no longer recover the damage. In that case we may reject your complaint.
If a defect was already present at purchase and falls explicitly within the condition we stated - for instance a scratch we mentioned - you can register a return for it within 14 days of receipt.

11.12 Making a warranty claim

Report a defect as soon as possible, in any case within 14 days of it occurring and within the warranty period, via klantenservice@camera-tweedehands.nl.
We will let you know how to send the product to us. Shipping to us is at your expense; we charge no further costs and no excess.
We examine the defect and let you know within 30 days whether it is covered by the warranty.
If the defect is covered by the warranty, we resolve it in this order:
- we repair the product;
- if repair is not possible, we offer a replacement product;
- if that is not possible either, we refund the purchase amount.
In the case of a refund, you can choose between a voucher and a bank transfer.

11.13 Depreciation and alternative solutions

For second-hand products we assume annual depreciation of 20% of the purchase price, counted from the purchase date. After five years, a minimum residual value of 20% of the original purchase price applies, unless the market value is higher - in which case the market value is decisive. This applies provided the product has no damage beyond normal wear.
If a defect occurs within the warranty period where the repair costs exceed the residual value or the market value, we may offer an alternative solution. The same applies to a defect that limits ease of use while the core functionality still works and repair is out of proportion to the value. Possible solutions are:
- a replacement product of comparable market value;
- compensation equal to the residual value or the market value, whichever is higher;
- a partial contribution towards the repair costs based on the residual value or market value.

Article 12 - We buy equipment from you

This article applies when you sell equipment to us, whether or not in combination with a purchase. Buying and selling are two separate contracts; Articles 5 to 11 apply to what you buy from us.

12.1 What we require from you

You are the rightful owner. You declare that you are the rightful owner of the equipment offered and that you are entitled to sell or trade it in.
Legal import. You are responsible for ensuring the equipment was legally imported into the European Union. We may ask for a proof of purchase or invoice as evidence.
Your description is accurate. The brand, model and condition you state must match the equipment you actually offer. The condition you state directly determines the price we offer.
Accessories. Original factory accessories - battery, charging cable, caps, original packaging and the like - are included in the quotation. If you wish to sell non-original accessories with the equipment, list them separately. If you do not, but send them along anyway, we assume you included them deliberately and that they are part of the sale. If you send a forgotten accessory separately later, we cannot process it and we do not bear the shipping costs for it.

12.2 Quotation, inspection and price adjustment

Quotations are without obligation. All our offers are without obligation and not binding until a final purchase contract is concluded. A quotation is valid for a maximum of 12 days; after that, prices and conditions may change.
Adjustment after acceptance. We may adjust a quotation you have already accepted if material market developments occur between the moment of acceptance and the actual purchase. These include in any case substantial discounts or cashbacks on new prices, the introduction of a new model, or an unexpected increase in supply.
Final after physical inspection. The contract is only concluded once we have confirmed the purchase in writing, after physical inspection of the equipment offered. If inspection shows that the equipment does not match the information you provided, or that an incorrect price was issued, we may adjust or withdraw the quotation.
We may refuse. We are not obliged to buy equipment from you and may refuse to conclude a contract. This also applies after you have already sent the equipment to us for inspection.
What we may do during inspection. To assess the equipment and prepare it for sale, we may among other things: remove stickers, name plates and personal inscriptions; remove non-original or damaged packaging; remove lens caps, filters, protective film and screen protectors; open packaged accessories to test them; and remove damaged, swollen or non-functioning batteries, cables and chargers. We do not undo these actions if the sale ultimately does not go ahead.
Adjusted price after inspection. If the actual condition deviates from what you stated, or if the price proves incorrect for another reason, we send you an adjusted offer by email. That adjusted offer is a rejection of the earlier quotation and at the same time a new offer. If you accept it, the contract is concluded and you can no longer dispute the price afterwards. If you decline it, no contract is concluded and we return the equipment to you free of charge.
Respond within three months. If you do not respond to an adjusted offer within three months, or do not provide correct payment details within that period, we may take ownership of the equipment without further notice and without payment.
No right of withdrawal when selling to us. If you sell equipment to us, there is no right of withdrawal and no right of repurchase. This applies both when you only sell to us and when you buy equipment from us at the same time.
Buying and selling are two separate contracts. If you buy and sell within one transaction, these count as two separate contracts. If, for instance, you want to return a purchased product, we are not obliged to return the product we bought from you.

12.3 Theft and stolen goods

Check for theft. We check serial numbers at purchase against StopHeling.nl. If equipment is not registered as stolen at the time of purchase, but it emerges within 12 months after purchase that it is stolen goods after all, you owe us an amount equal to what we paid for that product.
If equipment is registered as stolen. If a check shows that the equipment offered has been reported stolen, or if we have well-founded reasons to suspect this, we report it to the police. In that case we do not return the equipment to you.
Hidden defects. We inspect the equipment you offer before we confirm the purchase. Whatever we could have established during that inspection is subsequently at our expense - we will not hold you to it.
It is different for defects you knew of, or should have known of, and did not report, or that you presented differently from what they were. Think of previous drop or water damage, a repair that was carried out, or a defect that only occurs under certain circumstances. If something like that comes to light later, we will report it within a reasonable time after discovering it, and we may dissolve the purchase for that product. The rest of the contract remains in force.

We apply an outer limit of six months after the purchase. If a concealed defect comes to light later than that, we let it rest.

12.4 Shipping to us

We arrange the transport, so we bear the risk. If you send equipment to us with a shipping label we provided, we chose the carrier. From the moment you hand the parcel to that carrier, the risk of loss or damage in transit rests with us. If something goes wrong during transport, that is our problem, not yours - we settle it with the carrier.

Two things come with that which you must do.

Obtain valid proof of handover. The risk only passes at the moment the parcel is actually handed to the carrier. Therefore always obtain a printed proof of handover or a scan in the carrier's tracking system, and keep it until the transaction is completed. A handwritten confirmation is not proof of handover. If it cannot be established afterwards that the parcel was in the carrier's custody, the transport never took place and the risk does not pass.
Pack properly. Pack the equipment so that it can withstand a reasonable shock and cannot move inside the box. Seal the parcel so that opening is visible, for instance with sealing tape over all seams. Damage that is the direct result of inadequate packaging is not transport damage and is at your expense.

12.5 What our cover entails exactly

What we cover. We cover two things: damage to the parcel during transport, and loss of the parcel after it has actually been taken in by the carrier.
What we do not cover: the contents. Our cover concerns the parcel, not what is inside it. We are not present when you pack, and the carrier does not check the contents. What was in the box at the moment of handover cannot be established by anyone afterwards. You are therefore responsible for ensuring that the contents match the equipment in the quotation.
If the contents do not match. If the parcel arrives with us undamaged and without signs of opening, but does not contain the equipment from the quotation, there is no transport damage and no loss. What was agreed has then not been delivered and no purchase is concluded.
Conclusive proof of handover is the condition. Our cover starts at the moment the parcel has demonstrably been taken in by the carrier. A registration or a created label is not sufficient - the carrier's records must show that the parcel was actually taken in and entered transport. Therefore always keep the proof of handover.
Establishing what was sent. To assess whether the parcel received matches the quotation, we may among other things use the state of the packaging on arrival, video recordings we make when opening, and data registered by the carrier, such as the weight and dimensions of the parcel. If the registered weight clearly deviates from what fits the equipment offered, this counts as an indication that the agreed equipment was not sent.
We strongly advise you to take photos before packing: of the equipment, of the filled box and of the closed box with the shipping label on it. This is not an obligation, but it makes any discussion afterwards shorter - for you and for us.
Reporting. Report loss or damage as soon as possible, at the latest within 10 calendar days of shipping. That period is linked to the period within which we can file a claim with the carrier. We complete our investigation in principle within 30 days, counted from the moment we have received all requested information from you.
Our cover extends up to the amount of the quotation. For equipment that was not in the quotation, we bear no responsibility; you send it at your own risk and we cannot register it separately.
If you ship without a label provided by us, you chose the carrier and you bear the risk until the parcel reaches us. In that case we advise you to ship insured and traceable.

12.6 Payment to you

We pay by bank transfer, to the account you give us.
You are responsible for the correctness and completeness of the payment details. We are not liable if a payment ends up with the wrong recipient or is delayed due to an incorrectly provided account number.
If we pay you too much by mistake, you repay the excess amount immediately on our request.

Article 13 - Sale to end users only

Our products, offers and discount promotions are intended exclusively for end users.
It is not permitted to purchase products from us, directly or indirectly, for resale or commercial trading without our prior written consent. This prohibition also applies where the purchase is made by a natural person or third party while the products are in fact intended for a business or reseller.
If we establish that you are acting in breach of this article, or may reasonably assume so, we may:
- refuse or cancel further orders;
- refuse future orders from you or from persons or businesses affiliated with you;
- revoke granted discounts, promotions and other price advantages with retroactive effect and charge the amount involved immediately.
In addition, you forfeit, without further notice of default, an immediately payable penalty of € 1,000 per breach, without prejudice to our right to claim full compensation for the damage actually suffered insofar as it exceeds the penalty.
Amounts owed under this article are payable within 12 days of the invoice date.

Article 14 - Liability

Our liability is limited to the amount paid out in the case concerned by our liability insurance, plus the excess.
If the insurance does not pay out, our liability is limited to the invoice amount of the contract concerned.
We are not liable for indirect damage, including consequential damage, lost profit, missed assignments, loss of images or data, and damage due to business interruption.
Always make a backup. We are not liable for loss of images or data on memory cards, internal storage or other media, including when these are inside equipment handed in or returned.
The limitations in this article do not apply in the event of intent or deliberate recklessness on our part, nor insofar as mandatory law provides otherwise. Your statutory rights as a consumer remain unaffected.

Article 15 - Force majeure

We are not bound to fulfil any obligation if we are prevented from doing so by force majeure.
Force majeure includes in any case: failures of the internet or the electricity supply, cyber attacks, strikes, government measures, transport obstructions, fire, water damage, and late or non-delivery by our suppliers.
If the force majeure situation lasts longer than 30 days, either of us may dissolve the contract without any obligation to pay compensation. If you have already paid, we refund the amount.

Article 16 - Retention of title

All delivered products remain our property until you have paid everything you owe under the contract.

Article 17 - Intellectual property

All content on our website - including texts, product descriptions, photos, logos and design - is our property or that of our licensors.
You may not reproduce, publish or commercially use this content without our prior written consent.

Article 18 - No automated data extraction from our website

It is not permitted to read, crawl or copy our website by automated means. This includes the use of robots, bots, spiders, scrapers and other automated tools to retrieve, copy, monitor or republish parts of the website or the data displayed on it.
Automated text and data mining is also not permitted, including analysing our data to derive patterns, trends or price information from it.
This article expressly serves as a reservation of our rights within the meaning of Article 4(3) of the Directive on copyright in the Digital Single Market (EU) 2019/790.
Unauthorised use of data on our website - including price information, stock data and our model database - is prohibited.

Article 19 - Personal data

We process your personal data in accordance with the General Data Protection Regulation. How we do so, which data we process and which rights you have is set out in our privacy policy on our website.

Article 20 - Complaints and disputes

If you have a complaint about the performance of the contract, report it to us within a reasonable time, fully and clearly described, via klantenservice@camera-tweedehands.nl.
We respond to your complaint within 14 days of receipt. If we need more time, we confirm receipt within that period and indicate when you can expect a more detailed reply.
If we cannot resolve it together, you can turn to WebwinkelKeur, with which we are affiliated. WebwinkelKeur offers an independent mediation and dispute resolution scheme.
All contracts between you and us are governed by Dutch law.
Disputes are submitted to the competent court in the district where we are established, unless mandatory law designates another court. If you are a consumer, you may, within one month after we invoke this provision, choose the court that is competent according to the law.

Article 21 - Amendment of these terms

We may amend these terms. We publish the amended version on our website, stating the effective date.
A contract already concluded remains governed by the terms that applied at the time it was concluded.

Annex - Model withdrawal form

Only complete and return this form if you wish to withdraw from the contract. Use of the form is not obligatory. Copy the text below with the copy button, fill in your details after the colons and email the form to klantenservice@camera-tweedehands.nl.

To:
Camera-tweedehands.nl B.V.
Kerkstraat 47-Bis, 4191 AA Geldermalsen, The Netherlands
klantenservice@camera-tweedehands.nl

I/We (*) hereby inform you that I/we (*) withdraw from our contract for the
sale of the following products (*):

Ordered on (*) / received on (*):
Order number:
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s) (only if this form is submitted on paper):
Date:

(*) Delete as appropriate.