Article 1
Definitions
- CellShark refers to the company operating the online store, located at Zekeringstraat 41E, 1014 BV Amsterdam.
- Customer means any natural person or legal entity placing an order through the Website.
- Consumer means a natural person acting outside the course of a business or profession.
- Agreement means any purchase agreement concluded between CellShark and the Customer.
- Products means all goods offered through the Website, including refurbished iPhones.
- Website means the official CellShark online store.
Article 2
Company Identity
CellShark, Zekeringstraat 41E, 1014 BV Amsterdam, The Netherlands. Email address: store@cellshark.nl.
Article 3
Applicability
- These General Terms and Conditions apply to all offers, orders, purchases, deliveries, and agreements concluded through CellShark.
- By placing an order, the Customer accepts the applicability of these Terms and Conditions.
- Any deviations from these Terms and Conditions are valid only if explicitly agreed in writing.
- If any provision is declared invalid or unenforceable, the remaining provisions shall remain fully effective.
Article 4
Products
- CellShark specializes in refurbished and second-hand mobile devices.
- Refurbished products are professionally inspected, tested, cleaned, and repaired where necessary before being offered for sale.
- Product photographs are intended as illustrations and do not represent the exact device you will receive.
- Cosmetic condition may vary according to the product condition grading selected during purchase.
- Minor cosmetic signs of use do not constitute product defects.
Article 5
Orders and Agreement
An agreement is formed once CellShark confirms the order by email.
CellShark reserves the right to refuse, suspend, or cancel orders based on product availability, suspected fraud, or technical errors.
If an order cannot be fulfilled, any payment received will be refunded.
Article 6
Pricing and VAT Margin Scheme
- All prices displayed on the website are shown in Euros and include applicable taxes unless otherwise stated.
- The majority of products sold by CellShark are supplied under the Dutch VAT Margin Scheme, Margeregeling, applicable to second-hand and refurbished goods.
- For products sold under the Margin Scheme, VAT is calculated on the margin rather than the full sale price, and no VAT is separately deductible for business customers.
- The invoice will indicate that the Margin Scheme has been applied.
- Where products are sold under the regular VAT regime, this will be clearly indicated on the product page and invoice.
- CellShark reserves the right to correct pricing errors on the Website.
- Confirmed orders will not be affected by subsequent price updates.
Article 7
Payment
- Payment must be completed using one of the available payment methods during checkout.
- Orders are only processed after successful payment verification.
- CellShark reserves the right to suspend or cancel orders in the event of payment failures, suspected fraud, or billing disputes.
- Ownership of products remains with CellShark until full payment is received.
Article 8
Delivery
- CellShark offers free shipping within the Netherlands and Belgium.
- Delivery times shown on the website are estimates.
- Orders are delivered to the address provided by the Customer.
- The Customer is responsible for providing accurate delivery information.
- CellShark is not liable for delays caused by shipping carriers, customs clearance, or force majeure events.
- Risk of loss or damage transfers to the Customer upon successful delivery.
Article 9
Right of Withdrawal and Returns
- Consumers have the right to return products within 30 days of receipt without providing a reason.
- Returned products must be complete, include all supplied accessories, and be returned in original condition where reasonably possible.
- Customers are responsible for return shipping costs unless the product is defective or incorrectly delivered.
- Refunds will be processed after inspection of the returned items, usually within 5-10 business days.
- Further details can be found in the CellShark Shipping & Returns Policy.
Article 10
Warranty
- Refurbished devices sold by CellShark are covered by a 24-month warranty unless otherwise stated.
- The warranty is personal to the original purchaser and is not transferable.
- Warranty claims are handled according to the CellShark Warranty Policy.
- Warranty coverage does not limit statutory consumer rights under Dutch or European law.
Article 11
Refurbished Device Conditions
- Customers acknowledge that refurbished products are not new, but pre-owned devices that have been restored to full functionality.
- Devices may contain original or equivalent high-quality replacement parts.
- Battery health at the time of sale meets the minimum standards defined in our Warranty Policy.
- Cosmetic condition varies depending on the product grade selected during checkout.
Article 12
Customer Responsibilities
The Customer is responsible for providing accurate information during checkout, inspecting products upon delivery, creating backups of personal data, using products according to manufacturer recommendations, and protecting login credentials and personal information.
Article 13
Limitation of Liability
- CellShark's liability shall be limited to the total purchase price of the product(s) in question.
- CellShark shall not be liable for indirect, incidental, special, or consequential damages.
- CellShark is not responsible for data storage, backup, or recovery during device inspection, repair, or replacement.
Article 14
Intellectual Property
- All website content remains the property of CellShark or its content suppliers.
- This includes logos, product descriptions, images, text, website design, and branding materials.
- No content may be copied, reproduced, or distributed without prior written consent.
Article 15
Force Majeure
CellShark shall not be liable for failure to perform obligations due to events beyond its reasonable control, including natural disasters, acts of government, carrier strikes, or global supply chain issues.
Article 16
Complaints
Complaints should be submitted by email to store@cellshark.nl and should include the order number, product details, and a clear description of the complaint.
CellShark aims to respond to all complaints within 14 business days.
Article 17
Privacy
CellShark processes personal data in accordance with the General Data Protection Regulation (GDPR) and the CellShark Privacy Policy.
Article 18
Governing Law and Jurisdiction
- These Terms and Conditions are governed exclusively by Dutch law.
- Any disputes arising from agreements with CellShark will be submitted to the competent court in Amsterdam.
Article 19
Final Provisions
- These Terms and Conditions are intended to comply with Dutch and European consumer protection legislation.
- Statutory consumer rights remain fully applicable and are not limited by these Terms and Conditions.
- CellShark reserves the right to amend these Terms and Conditions. The most recent version will be available on the Website.