Terms of service

Kamera Express General Terms and Conditions for Consumers

These terms and conditions apply to all deliveries by Kamera Express to consumers and to all other agreements between Kamera Express and consumers. For agreements with business customers, Kamera Express applies its Business General Terms and Conditions, which can be found, among other places, at https://www.kamera-express.nl/pages/algemene-voorwaarden.

Business General Terms and Conditions

Are you a business customer? We have separate Business General Terms and Conditions for you (PDF).

View the Business General Terms and Conditions (PDF)

Article 1 – Definitions
Article 2 – Identity of the Business
Article 3 – Applicability
Article 4 – The Offer
Article 5 – The Agreement
Article 6 – Right of Withdrawal
Article 7 – Obligations of the Consumer During the Withdrawal Period
Article 8 – Exercise of the Right of Withdrawal by the Consumer and Costs Thereof
Article 9 – Obligations of the Business in the Event of Withdrawal
Article 10 – Exclusion of the Right of Withdrawal
Article 11 – The Price
Article 12 – Performance of the Agreement and Additional Warranty
Article 13 – Delivery and Performance
Article 14 – Continuing Transactions: Duration, Termination and Renewal
Article 15 – Payment
Article 16 – Complaints Procedure
Article 17 – Disputes
Article 18 – Additional or Deviating Provisions

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

Additional agreement: an agreement under which the consumer acquires products, digital content and/or services in connection with a distance agreement, and these goods, digital content and/or services are supplied by the business or by a third party on the basis of an agreement between that third party and the business;

Withdrawal period: the period during which the consumer may exercise their right of withdrawal;

Consumer: a natural person who is not acting for purposes relating to their trade, business, craft or profession;

Day: calendar day;

Digital content: data produced and supplied in digital form;

Continuing agreement: an agreement that provides for the regular supply of goods, services and/or digital content over a specified period;

Durable medium: any tool – including email – that enables the consumer or business to store information addressed personally to them in a way that allows future consultation or use for a period appropriate to the purpose for which the information is intended, and which enables the unchanged reproduction of the stored information;

Right of withdrawal: the consumer's right to withdraw from a distance agreement within the withdrawal period;

Business: the natural or legal person who offers products, (access to) digital content and/or services to consumers at a distance;

Distance agreement: an agreement concluded between the business and the consumer within the framework of an organized system for the distance sale of products, digital content and/or services, whereby, up to and including the conclusion of the agreement, exclusive or joint use is made of one or more means of distance communication;

Model withdrawal form: the European model withdrawal form included in Annex I to these terms and conditions. Annex I does not need to be provided if the consumer does not have a right of withdrawal in relation to their order;

Means of distance communication: a means that can be used to conclude an agreement without the consumer and business having to be physically present in the same place at the same time.

Article 2 – Identity of the Business

Registered office: Capelle aan den IJssel

Visiting address:
Rietbaan 5
2908 LP Capelle aan den IJssel
The Netherlands

Telephone number:
085-8888013

Opening hours:
Monday to Friday from 9:00 a.m. to 8:00 p.m.
Saturday from 9:00 a.m. to 5:00 p.m.

Email address:
info@kamera-express.nl

Chamber of Commerce number:
24255575

VAT number:
NL811909864B01

Article 3 – Applicability

These general terms and conditions apply to every offer made by the business and to every distance agreement concluded between the business and the consumer.

Before the distance agreement is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, the business will indicate, before the distance agreement is concluded, how the general terms and conditions can be inspected at the business's premises and that they will be sent to the consumer free of charge as soon as possible upon request.

If the distance agreement is concluded electronically, by way of derogation from the previous paragraph and before the distance agreement is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that the consumer can easily store it on a durable medium. If this is not reasonably possible, the business will indicate, before the distance agreement is concluded, where the general terms and conditions can be viewed electronically and that they will be sent to the consumer free of charge electronically or by other means upon request.

In the event that, in addition to these general terms and conditions, specific product or service terms also apply, the second and third paragraphs shall apply accordingly, and in the event of conflicting terms, the consumer may always rely on the applicable provision that is most favourable to them.

Article 4 – The Offer

If an offer has a limited period of validity or is subject to conditions, this will be expressly stated in the offer.

The offer contains a complete and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed to enable the consumer to properly assess the offer. If the business uses images, these shall be a true representation of the products, services and/or digital content offered. Obvious mistakes or errors in the offer are not binding on the business.

Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer.

Article 5 – The Agreement

Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and fulfils the conditions set therein.

If the consumer has accepted the offer electronically, the business will immediately confirm receipt of the acceptance electronically. Until receipt of this acceptance has been confirmed by the business, the consumer may terminate the agreement.

If the agreement is concluded electronically, the business will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure online environment. If the consumer can pay electronically, the business will take appropriate security measures for this purpose.

Within the limits of applicable law, the business may determine whether the consumer can fulfil their payment obligations, as well as investigate all facts and factors relevant to responsibly entering into the distance agreement. If, based on this investigation, the business has reasonable grounds not to enter into the agreement, it is entitled to refuse an order or request with reasons, or to attach special conditions to its performance.

No later than upon delivery of the product, service or digital content, the business shall provide the consumer, in writing or in such a way that the consumer can store the information in an accessible manner on a durable medium, with the following information:

a. the visiting address of the business's premises where the consumer can submit complaints;

b. the conditions under which and the manner in which the consumer may exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;

c. information about warranties and existing after-sales service;

d. the price of the product, service or digital content, including all taxes; where applicable, the delivery costs; and the method of payment, delivery or performance of the distance agreement;

e. the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration;

f. if the consumer has a right of withdrawal, the model withdrawal form.

In the case of a continuing agreement, the provision in the previous paragraph applies only to the first delivery.

Article 6 – Right of Withdrawal

For Products

The consumer may terminate an agreement relating to the purchase of a product during a withdrawal period of at least 14 days without giving any reason. The business may ask the consumer for the reason for withdrawal, but may not require the consumer to state their reason(s).

The withdrawal period referred to in paragraph 1 begins on the day after the consumer, or a third party designated by the consumer in advance who is not the carrier, has received the product, or:

a. if the consumer has ordered several products in the same order: the day on which the consumer, or a third party designated by them, has received the last product. The business may, provided it has clearly informed the consumer of this before the ordering process, refuse an order for several products with different delivery times;

b. if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by them, has received the last shipment or the last part;

c. for agreements concerning the regular delivery of products over a specified period: the day on which the consumer, or a third party designated by them, has received the first product.

For Services and Digital Content Not Supplied on a Tangible Medium

The consumer may terminate a service agreement and an agreement for the supply of digital content that is not supplied on a tangible medium during a period of at least 14 days without giving any reason. The business may ask the consumer for the reason for withdrawal, but may not require the consumer to state their reason(s).

The withdrawal period referred to in paragraph 3 begins on the day after the agreement is concluded.

Extended Withdrawal Period for Products, Services and Digital Content Not Supplied on a Tangible Medium Where the Consumer Has Not Been Informed About the Right of Withdrawal

If the business has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the withdrawal period expires twelve months after the end of the original withdrawal period established in accordance with the previous paragraphs of this article.

If the business provides the consumer with the information referred to in the previous paragraph within twelve months of the start of the original withdrawal period, the withdrawal period expires 14 days after the day on which the consumer received that information.

Article 7 – Obligations of the Consumer During the Withdrawal Period

During the withdrawal period, the consumer shall handle the product and its packaging with due care. The consumer shall only unpack or use the product to the extent necessary to establish the nature, characteristics and functioning of the product. The principle here is that the consumer may only handle and inspect the product in the same way as they would be allowed to do in a store.

The consumer is only liable for any depreciation of the product resulting from handling the product beyond what is permitted under paragraph 1.

The consumer is not liable for any depreciation of the product if the business has not provided them with all legally required information about the right of withdrawal before or upon conclusion of the agreement.

Article 8 – Exercise of the Right of Withdrawal by the Consumer and Costs Thereof

If the consumer exercises their right of withdrawal, they must notify the business within the withdrawal period by means of the model withdrawal form or in another unequivocal manner.

As soon as possible, but no later than 14 days from the day following the notification referred to in paragraph 1, the consumer shall return the product or hand it over to the business or an authorized representative of the business. This is not required if the business has offered to collect the product itself. In any event, the consumer has complied with the return period if they return the product before the withdrawal period has expired.

The consumer shall return the product with all accessories supplied, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by the business.

The risk and burden of proof for the correct and timely exercise of the right of withdrawal rests with the consumer.

The consumer bears the direct costs of returning the product. If the business has not informed the consumer that they must bear these costs, or if the business indicates that it will bear the costs itself, the consumer does not have to pay the return costs.

If the consumer exercises their right of withdrawal after first expressly requesting that the performance of a service or the supply of gas, water or electricity that has not been prepared for sale in a limited volume or quantity, or district heating, begins during the withdrawal period, the consumer owes the business an amount that is proportional to the part of the obligation performed by the business at the time of withdrawal, compared with the full performance of the obligation.

The consumer does not bear any costs for the performance of services or the supply of water, gas or electricity that has not been prepared for sale in a limited volume or quantity, or district heating, if:

a. the business has not provided the consumer with the legally required information about the right of withdrawal, the reimbursement of costs upon withdrawal, or the model withdrawal form; or

b. the consumer has not expressly requested that the performance of the service or supply of gas, water, electricity or district heating begin during the withdrawal period.

The consumer does not bear any costs for the full or partial supply of digital content not supplied on a tangible medium if:

a. before its delivery, the consumer has not expressly consented to the performance of the agreement beginning before the end of the withdrawal period;

b. the consumer has not acknowledged that they lose their right of withdrawal when giving their consent; or

c. the business has failed to confirm this statement by the consumer.

If the consumer exercises their right of withdrawal, all additional agreements shall automatically be terminated.

Article 9 – Obligations of the Business in the Event of Withdrawal

If the business provides the consumer with the option to notify withdrawal electronically, it shall immediately send an acknowledgement of receipt after receiving the notification.

The business shall reimburse all payments made by the consumer, including any delivery costs charged by the business for the returned product, without undue delay and no later than 14 days following the day on which the consumer notifies the business of the withdrawal. Unless the business offers to collect the product itself, it may wait with the refund until it has received the product or until the consumer provides evidence that they have returned the product, whichever occurs first.

The business shall use the same means of payment for the refund as the consumer used for the original transaction, unless the consumer agrees to another method. The consumer shall not be charged any costs for the refund.

If the consumer has chosen a more expensive delivery method than the cheapest standard delivery, the business does not have to reimburse the additional costs of the more expensive method.

Article 10 – Exclusion of the Right of Withdrawal

The business may exclude the following products and services from the right of withdrawal, but only if the business has clearly stated this when making the offer, or at least in good time before concluding the agreement:

Products or services whose price depends on fluctuations in the financial market over which the business has no control and which may occur during the withdrawal period;
Agreements concluded at a public auction. A public auction means a sales method in which products, digital content and/or services are offered by the business to consumers who are personally present or have the opportunity to be personally present at the auction, under the direction of an auctioneer, and where the successful bidder is obliged to purchase the products, digital content and/or services;
Service agreements, after the service has been fully performed, but only if:
a. performance has begun with the consumer's express prior consent; and
b. the consumer has declared that they lose their right of withdrawal once the business has fully performed the agreement;
Package travel as referred to in Article 7:500 of the Dutch Civil Code and agreements for passenger transport;
Service agreements for the provision of accommodation, if the agreement provides for a specific date or period of performance and the accommodation is not intended for residential purposes, as well as goods transport, car rental services and catering;
Agreements relating to leisure activities, if the agreement provides for a specific date or period of performance;
Products manufactured according to the consumer's specifications, which are not prefabricated and are manufactured based on an individual choice or decision by the consumer, or which are clearly intended for a specific person;
Products that deteriorate rapidly or have a limited shelf life;
Sealed products that are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery;
Products that, after delivery, are inseparably mixed with other products by their nature;
Alcoholic beverages whose price was agreed upon when the agreement was concluded, but whose delivery can only take place after 30 days and whose actual value depends on fluctuations in the market over which the business has no control;
Sealed audio or video recordings and computer software, the seal of which has been broken after delivery;
Newspapers, periodicals or magazines, with the exception of subscriptions thereto;
The supply of digital content other than on a tangible medium, but only if:
a. performance has begun with the consumer's express prior consent; and
b. the consumer has declared that they thereby lose their right of withdrawal.

Article 11 – The Price

During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes resulting from changes in VAT rates.

By way of exception to the previous paragraph, the business may offer products or services whose prices are subject to fluctuations in the financial market and over which the business has no control at variable prices. This dependence on fluctuations and the fact that any prices stated are indicative prices will be stated in the offer.

Price increases within 3 months of the conclusion of the agreement are only permitted if they result from statutory regulations or provisions.

Price increases from 3 months after the conclusion of the agreement are only permitted if the business has stipulated this and:

a. the increase results from statutory regulations or provisions; or
b. the consumer has the right to terminate the agreement with effect from the day on which the price increase takes effect.

The prices stated in offers for products or services include VAT.

Article 12 – Performance of the Agreement and Additional Warranty

The business guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the legal provisions and/or government regulations applicable on the date the agreement was concluded. Where agreed, the business also guarantees that the product is suitable for use other than normal use.

An additional warranty provided by the business, its supplier, manufacturer or importer shall never limit the statutory rights and claims that the consumer may assert against the business under the agreement if the business has failed to fulfil its part of the agreement.

An additional warranty means any commitment by the business, its supplier, importer or producer under which it grants the consumer certain rights or claims that go beyond what it is legally required to provide if it has failed to fulfil its part of the agreement.

Article 13 – Delivery and Performance

The business shall exercise the utmost care when receiving and fulfilling orders for products and when assessing applications for the provision of services.

The place of delivery is the address that the consumer has communicated to the business.

Subject to the provisions of Article 4 of these general terms and conditions, the business shall execute accepted orders with due speed and no later than within 30 days, unless another delivery period has been agreed. If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the consumer will be notified no later than 30 days after placing the order. In that case, the consumer has the right to terminate the agreement free of charge and is entitled to any applicable compensation.

Following termination in accordance with the previous paragraph, the business shall immediately refund the amount paid by the consumer.

The risk of damage to and/or loss of products rests with the business until the product is delivered to the consumer or a representative designated in advance by the consumer and made known to the business, unless expressly agreed otherwise.

Article 14 – Continuing Transactions: Duration, Termination and Renewal

Termination

The consumer may terminate an agreement concluded for an indefinite period and which provides for the regular delivery of products (including electricity) or services at any time, subject to the agreed termination rules and a notice period of no more than one month.

The consumer may terminate an agreement concluded for a fixed period and which provides for the regular delivery of products (including electricity) or services at any time at the end of the fixed period, subject to the agreed termination rules and a notice period of no more than one month.

The consumer may terminate the agreements referred to in the previous paragraphs:

a. at any time and not be limited to termination at a specific time or during a specific period;

b. at least in the same manner as they entered into the agreement;

c. always with the same notice period as the business has stipulated for itself.

Renewal

An agreement concluded for a fixed period and which provides for the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed period.

By way of exception to the previous paragraph, an agreement concluded for a fixed period and which provides for the regular delivery of daily, news and weekly newspapers and magazines may be tacitly extended for a fixed period of no more than three months, provided that the consumer can terminate the extended agreement at the end of the extension with a notice period of no more than one month.

An agreement concluded for a fixed period and which provides for the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may terminate the agreement at any time with a notice period of no more than one month. The notice period may be no more than three months if the agreement concerns the regular delivery, but less than once a month, of daily, news and weekly newspapers and magazines.

An agreement with a limited duration for the regular delivery of daily, news and weekly newspapers and magazines on a trial or introductory basis (trial or introductory subscription) will not be tacitly continued and will automatically end after the trial or introductory period.

Duration

If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed term.

Article 15 – Payment

Unless otherwise provided in the agreement or additional terms and conditions, amounts owed by the consumer must be paid within 14 days after the start of the withdrawal period, or, if there is no withdrawal period, within 14 days after the conclusion of the agreement. In the case of an agreement for the provision of a service, this period begins on the day after the consumer receives confirmation of the agreement.

When selling products to consumers, the consumer may never be required under general terms and conditions to make an advance payment of more than 50%. Where advance payment has been agreed, the consumer cannot assert any rights regarding the performance of the relevant order or service(s) until the agreed advance payment has been made.

The consumer is obliged to immediately notify the business of any inaccuracies in payment details provided or stated.

If the consumer fails to fulfil their payment obligation(s) on time, after having been notified by the business of the late payment and having been granted a period of 14 days to fulfil their payment obligations, and payment remains outstanding after this 14-day period, the consumer shall owe statutory interest on the outstanding amount and the business is entitled to charge the extrajudicial collection costs incurred by it. These collection costs amount to a maximum of: 15% on outstanding amounts up to €2,500; 10% on the next €2,500; and 5% on the following €5,000, with a minimum of €40. The business may deviate from these amounts and percentages in favour of the consumer.

Article 16 – Complaints Procedure

The business has a sufficiently publicized complaints procedure and handles complaints in accordance with this complaints procedure.

Complaints about the performance of the agreement must be submitted to the business fully and clearly described within a reasonable period after the consumer has discovered the defects.

Complaints submitted to the business will be answered within 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the business will respond within the 14-day period with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed response.

The consumer must give the business at least 4 weeks to resolve the complaint through mutual consultation. After this period, a dispute arises that is subject to the dispute resolution procedure.

Article 17 – Disputes

Agreements between the business and the consumer to which these general terms and conditions relate are governed exclusively by Dutch law.

Article 18 – Additional or Deviating Provisions

Additional provisions or provisions that deviate from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable medium.

Annex I: Model Withdrawal Form

Model Withdrawal Form

(Complete and return this form only if you wish to withdraw from the agreement.)

a. To:
Kamera Express Rotterdam B.V.
Rietbaan 5
2908 LP Capelle aan den IJssel
The Netherlands
info@kamera-express.nl

b. I/We* hereby notify you that I/We* withdraw from my/our* agreement regarding:

the sale of the following products: [description of product]*

the supply of the following digital content: [description of digital content]*

the provision of the following service: [description of service]*

c. Ordered on/received on: [date of order for services or date of receipt for products]

d. [Name of consumer(s)]

e. [Address of consumer(s)]

f. [Signature of consumer(s)] (only if this form is submitted on paper)

g. [Date]

Delete whichever is not applicable or complete as appropriate.

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