CellShark Terms and Conditions

Definitions

• CellShark refers to the company operating the webshop.
• Customer means any natural person or legal entity purchasing products through CellShark.
• Consumer means a natural person acting outside the scope of a trade, business, or profession.
• Agreement means any purchase agreement concluded between CellShark and the Customer.
• Products means all goods offered through the CellShark webshop, including refurbished smartphones, tablets, accessories, and related electronics.
• Website means the official CellShark online store.

Company Identity

CellShark, Zekeringstraat 41E, 1014 BV Amsterdam, The Netherlands. Email: store@cellshark.nl.

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 these Terms and Conditions.
• Any deviations from these Terms and Conditions are only valid if agreed in writing by CellShark.
• If any provision is declared invalid or unenforceable, the remaining provisions shall remain fully effective.

Products

• CellShark specializes in refurbished and second-hand electronic devices.
• Refurbished products are professionally inspected, tested, cleaned, and repaired where necessary before being offered for sale.
• Product photographs are intended as illustrations and may differ slightly from the delivered product.
• Cosmetic condition may vary according to the grading category selected by the Customer.
• Minor cosmetic signs of use do not constitute a defect.

Orders and Agreement

An agreement is formed once CellShark confirms the order by email.

CellShark reserves the right to refuse, suspend, or cancel orders in cases of pricing errors, suspected fraud, incorrect product information, payment irregularities, or stock shortages.

If an order cannot be fulfilled, any payment received will be refunded without undue delay.

Pricing and VAT Margin Scheme

• All prices displayed on the website are stated in Euros.
• 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 not separately stated on invoices and VAT cannot be reclaimed by 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, typographical mistakes, and technical inaccuracies.
• Confirmed orders will not be affected by subsequent price changes.

Payment

• Payment must be completed using one of the payment methods offered during checkout.
• Orders are only processed after successful payment authorization.
• CellShark reserves the right to suspend or cancel orders where payment cannot be verified.
• Ownership of products remains with CellShark until full payment has been received.

Delivery

• CellShark offers free shipping within the Netherlands and Belgium unless otherwise stated.
• Delivery times shown on the website are estimates and not guarantees.
• 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 authorities, force majeure events, or circumstances beyond its reasonable control.
• Risk of loss or damage transfers to the Customer upon successful delivery.

Right of Withdrawal and Returns

• Consumers have the right to return products within 30 days after receiving their order.
• 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 the wrong product was supplied.
• Refunds will be processed after inspection of the returned product.
• Further details can be found in the CellShark Shipping & Returns Policy.

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.

Refurbished Device Conditions

• Customers acknowledge that refurbished products are previously owned devices.
• Devices may contain original or equivalent high-quality replacement parts.
• Battery health at the time of sale meets the standards specified in the Warranty Policy.
• Cosmetic condition varies depending on the selected product grade.

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.

Limitation of Liability

• CellShark's liability shall be limited to the purchase price of the product concerned.
• CellShark shall not be liable for indirect damages, consequential damages, loss of profits, loss of business opportunities, loss of data, or business interruption.
• CellShark is not responsible for data stored on devices submitted for repair, replacement, or warranty service.

Intellectual Property

• All website content remains the property of CellShark or its licensors.
• This includes logos, product descriptions, images, text, website design, and branding materials.
• No content may be copied, reproduced, or distributed without prior written consent.

Force Majeure

CellShark shall not be liable for failure or delay in performance caused by circumstances beyond its reasonable control, including natural disasters, fire, pandemic-related disruptions, government actions, cyberattacks, labor disputes, supply chain interruptions, and carrier disruptions.

Complaints

Complaints should be submitted by email to store@cellshark.nl and should include the order number, product details, and a description of the issue.

CellShark aims to respond within 14 business days. Both parties shall make reasonable efforts to resolve complaints amicably.

Privacy

CellShark processes personal data in accordance with applicable privacy legislation, including the GDPR. Details regarding data collection and processing are outlined in the CellShark Privacy Policy.

Governing Law and Jurisdiction

• These Terms and Conditions are governed exclusively by Dutch law.
• Any disputes arising from agreements with CellShark shall be submitted to the competent courts in the Netherlands unless mandatory consumer protection laws provide otherwise.

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 at any time. Updated versions will be published on the website.