The seller, the Finnish company KAR Oy (parallel trade names KAR Ab, KAR GmbH, KAR S. A. R. L., KAR Ltd; later referred as KAR Ltd) with EU VAT ID FI22968493, (Finnish VAT ID 2296849-3) reserves hereby all rights to modify these general Terms & Conditions of its on-line shops.
- For any already bought item, the Terms & Conditions valid in the time of purchase will be reviewed.
- Information / terms / conditions given in written offers will precede these general Terms & Conditions.
- Information / terms / conditions given orally will succeed these general Terms & Conditions.
We are committed to give as good service as possible to all of our customers. Our official and native language is Finnish but the main language of our on-line shop(s) is English. We provide also services in Swedish and German. As requested / needed by the customer, other languages will be used with the help of automatic translators.
We beg your pardon for any problems due to our interpretation and skills in the language. No pun intended.
Our on-line shop(s) is / are open 24/7, which does not mean we would reply to your inquiries immediately. We aim to respond to all queries within 48 hours (working hours), however most queries will be responded to quicker than this. We have no office hours, however please consider the differences of time zones. The time zone of Finland is EET.
VAT, WITHIN EU SALES
If the item has no (Finnish) VAT (value added tax) separately displayed, then the item has no (Finnish) VAT to be added or to be subtracted and the invoice provided will have no VAT displayed. This is usually the case of pre-owned used items acquired from individuals, where (under certain circumstances) the sales can be carried out under the ”Margin scheme – Second-hand goods” EU VAT legislation. See more information for example in:
- Käytettyjen tavaroiden sekä taide-, keräily- ja antiikkiesineiden marginaaliverotusmenettely (FI)
- VAT Notice 718: the VAT Margin Scheme and global accounting (UK)
- Differenzbesteuerung im Gebrauchtwarenhandel (GE)
- the European Council, directive 2006/112/EC and its amendments (EU)
In the case of selling items under the EU Margin scheme – Second-hand goods, no VAT cannot be shown in the invoice. NOTE that this applies only to EU sales. So, if you (the buyer) are not EU-based (or better yet, the item is not shipped to another EU country), this margin scheme CANNOT be used (see more below). Following the EU Margin scheme – Second-hand goods taxation laws, the invoice including any shipping & handling (and other costs) CANNOT include the (possible) VAT of those costs. So, in this case you would get an invoice stating “EU Margin scheme – Second-hand goods, no deductible VAT in the price“, and also the shipping & handling costs would also be as no deductible VAT in the price.
If the item would be sold under normal VAT circumstances (no above mentioned EU margin scheme), the selling price would need to include the Finnish VAT as the selling company is Finland based. Now, if the buyer is a company that has a valid EU VAT identification number to provide for the seller (before buying / bidding), according to the EU VAT legislation the Finnish VAT would be then waived, and the item would be sold as the Finnish VAT noted as 0 %. In this case you would get an invoice stating “EU business to business sale, Finnish VAT 0 % in the price“, and also the shipping & handling costs would be Finnish VAT 0 %.
However, for private persons in EU, the VAT cannot be excluded in the above case, and the invoice would include the Finnish VAT that is currently 24 %. In this case you would invoice stating “EU business to private person sale, Finnish VAT 24 % in the price“, and also the shipping & handling costs would be Finnish VAT 24 %.
VAT, OUTSIDE EU SALES
If the item is to be transported and used outside EU, no Finnish VAT will be added to item regardless of the buyer being a private or corporate subject. This includes also the shipping costs. However, according to the rules of the receiving (the buyer’s) country, the VAT of the receiving country / state may be added (plus customs taxes etc.).
The item prices given are valid for the given auction (or by it now offer) time only. Any oral price negotiations are valid without obligation. Written price negotiations (regarding discounts etc.) are valid the given time, and no longer than two (2) weeks.
AGREEMENT / SALE / ORDER FORMATION
The agreement / sale / order is created once the buyer has made the winning acceptable bid or has agreed to buy the item for the buy it now price or the seller has accepted the offer made by the buyer. All the information is transferred via the on-line shop(s) communication methods or via the direct emails between the seller and the buyer. If the buyer’s offer includes additional terms / conditions, the seller will make a new offer to the buyer, which in turn needs to be accepted in writing by the buyer.
PRIVATE / CORPORATE BUYER
The seller regards the buyer primary as a private buyer (i.e., the buyer is no company) that has certain so-called consumer rights. They are stipulated by EU legislation and also in e.g., eBay’s Terms and Conditions and will be honored by the seller and considered also in these Terms & Conditions.
If the buyer is a company / affiliation etc. and has a valid EU VAT identification number, the buyer must inform of this number without hesitation to the seller and in case before bidding / buying the item.
If the buyer needs a special invoice, s/he needs to advise the seller without hesitation and give all necessary information to the seller. After the written inquiry and the sales of goods have occurred, the seller will send a PDF-invoice to the buyer’s e-mail free of charge within four (4) weeks after the payment has arrived in full to the seller.
See further information on VAT, WITHIN EU SALES.
Our billing currency is EURO (€) without exceptions. Any conversation fees due to the buyer’s different currency will be paid by the buyer.
We accept PayPal, IBAN bank transfer (preferred) and cash (EUROS, no change given) on pick-up from beforehand named locations. We do not accept any other payment methods, e.g. check or Postal orders. Payment of the item to be shipped must be done or on its way (bank transfers) in three (3) working days from the end of the auction, or otherwise the seller will cancel the transaction, send negative feedback to the buyer and relist the item.
If you want to pick-up the item in person, then you can ONLY pay us in cash (EUROS, no change given), and the transaction will be documented by photographs.
The ownership of the item is transferred to the buyer once s/he has paid the item including shipping and handling in full.
We will give discount to the buyer if s/he is willing to buy in bulk (e.g., films etc.). We are glad to reward our frequent and high valued customers.
We will give discount to the buyer if s/he is willing to pay with IBAN (with BIC) bank transfer so that we will save from the PayPal fees. However, in this case the customer will lose the PayPal money back guarantee.
We will combine shipments so that the buyer will save in shipping & handling costs.
Further discount with shipping costs is also possible, see below.
No discounts are given to already terminated sales.
SHIPPING & HANDLING
Shipping & handling prices include all shipping & handling labor and materials. We will use (recycle) old packages and shipping materials in order to save the nature and hope that the buyer will do the same.
We do not ship before we have received the payment from the buyer in full, i.e., the item price including shipping and handling minus (possible) discounts.
We ship worldwide (where ever the buyer’s signature upon delivery is available) and properly declared. We will not commit customs fraud. The item ships insured for the final bid value + the shipping cost value. We ship economy, priority (with tracking), registered and / or insured.
When PayPal is used, we only ship to your PayPal address WITHOUT exceptions. This ensures that the seller remains eligible for PayPal protection.
Our time for releasing the item for shipper varies between 3 – 14 working days after the cleared payment in full from the customer. The buyer will be beforehand informed, if that time is longer than 5 working days.
We are most happy to combine shipping. The customer should contact beforehand that s/he desires combined shipping for multiple items. We can wait maximally 30 days with combined shipping. However, we require the formerly bought items to be paid at due time and the combined shipping costs will then be added to the last remaining item. If the customer refuses to pay the combined shipped costs with the last item, all sales will be cancelled and negative feedback will be given to the buyer.
If the eBay Money Back Guarantee is valid, the sale valued over the current eBay threshold (currently 750 £, which is then converted to the current EURO amount), the item will be shipped with delivery confirmed by the OWN HANDED SIGNATURE OF THE BUYER. If normal delivery confirmation is not possible by the Finnish Postal Service (Posti Oy) to the buyer’s country, then more expensive courier service is necessary. If the buyer refuses to pay for this extra service and is not willing to forgo the eBay Money Back Guarantee, then the sale will be cancelled and no feedback will be given.
Kindly note that due to the PayPal money back guarantee, the only way of (seller not risking of losing money) is to ship with tracking (and insured when applicable). Also, the delivery must be confirmed by the OWN HANDED SIGNATURE OF THE BUYER if the total price is over 750 USD (which is 550 EUROS according to PayPal). This increases significantly the shipping costs of small packages by the Finnish Postal Service (Posti Oy). If the customer desires to have items with lower shipping costs, then s/he must inform us about this beforehand, so that an agreement will be made that the customer will lose the PayPal money back guarantee and that s/he cannot make a claim for a not received item (no tracking – no information of the item whereabouts). Further reduction in price will be made if the payment will be made as an IBAN (bank wire) transfer.
We have also tendered out rigorously the available courier and shipping insurance services from Finland so that we can offer the best quality and price for our customers. When requesting the shipping & handling costs, the customer should state what type of shipping service s/he prefers (door-to-door service, international postal service, priority / economy service etc.). If the item for sale is price worthy and / or fragile, we insist on shipping fully insured.
Unfortunately, in areas where the buyer’s signature upon delivery is not available, we cannot ship the price worthy item. If the buyer still has bought the item in error, the sale will be cancelled and no feedback will be given.
The liability for risk is transferred to the buyer once s/he has received the item, and even before in cases where the buyer has ordered the shipping company to leave the shipment elsewhere than the buyers hands and without the buyer’s signature.
The seller is not responsible for customs’ fees, tax/taxes, currency exchange fee/fees, and other charges that the buyer may or may not have to pay for the item.
Note: within EU sales there are no customs’ fees. The seller is a company located in EU (Finland) with a valid EU VAT number (FI22968493).
ITEM CONDITION & RATING
The item is sold as a used (in case of film: expired, new or used) item unless otherwise stated and the sales will be made in the on-line marketplace. Hence, there is no warranty and the item is sold as-is, unless otherwise stated in writing.
We use our own eight (8) step subjective rating table for determination the apparent condition of item to be sold, see the Table below. This is a courtesy for our customers. The rating, marked in red in the table, of the apparent condition is based solely on a personal opinion by the seller. Note that we are no camera selling professionals and are not officially qualified to judge the condition of the camera items we have for sale.
The customer must make her/his own judgment of the item based on the photographs provided in the listing. If necessary and appropriate, more information (including photographs and / or videos) may be given to the customer.
Table 1. Subjective rating table for determination the apparent condition of item to be sold by KAR Ltd, the RED color indicates the rated condition of the particular item (here item condition appraised as excellent).
RETURNS IN CASES OF BUYER’S REMORSE ETC.
We do not take the item back in case of buyer’s remorse, lack of resources etc.
If our description of the item does not match what the buyer has received (and the buyer has paid for fully insured and traceable shipping and has signed the delivery own-handed), we will give the buyer a full refund, once s/he has shipped the item back to us using a traceable shipping method and we have received the item. The costs of the return shipment will be paid by the seller in the above case. See also Return in case of item received damaged.
RETURNS IN CASE OF ITEM RECEIVED DAMAGED
If the buyer receives the item package seriously damaged, s/he MUST NOT ACCEPT THE SHIPMENT but let the item to be shipped back to the seller immediately, applying the same shipping conditions as were used when the item was shipped to the buyer. If the package is only slightly damaged but the goods inside are not or appear not to be damaged, then it is up to the buyer whether or not to accept the shipment. If the buyer accepts the shipment in this case, s/he must also take the full responsibility of possible hiding flaws in the item(s).
Always when the package is damaged, the buyer MUST write on the transportation documents that the item has been received as DAMAGED DURING TRANSPORTATION and get the signature of the delivery carrier with the buyer’s own signature, all properly dated and place given. One copy of those documents must be kept by the buyer, who must send this information (scanned documents accepted) as soon as possible to the seller. Also, whenever possible, the buyer would need to take photos of the damaged package.
It is up to the buyer to send sufficient proof of the transportation damage to the seller and without further delay. The seller cannot make a claim against the shipping company without proper proof. If the buyer cannot or will not send the necessary information without delay to the seller, the buyer must make the claim herself / himself.
The seller will pay the return shipping costs but unfortunately will not compensate the additional work of the buyer. This is because the claim process will make a lot of extra work for the seller who will also not get any compensation for this work: the insurance will only cover the direct transaction costs (item auction price + shipping and handling) and not the indirect costs. The claim must be made soon after the accident, so there is no time to waste, not for the buyer and not for the seller.
The seller can use the sale and its feedback as a public reference.
The seller shall not be liable for any failure of or delay in the performance of the sales termination for the period that such failure or delay is due to causes beyond its reasonable control by the seller, including but not limited to acts of God, war, strikes or labor disputes, embargoes, government orders or any other force majeure event.
We will make our best to settle any disagreements, but we do not take kindly on frauds or attempts of frauds. If legal actions are necessary to close a dispute, all legal actions shall be done according to the Finnish law(s) and in a Finnish court in the home region of KAR Ltd (currently Helsinki).
When YOU bid / buy an item from our on-line shop(s), you accept these Terms & Conditions.