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GCS – General Conditions of Sale
Article 1: Scope of the general conditions of sale (GCS)
These general conditions of sale (GCS) apply to any purchase of products or equipment and to any order for services or advice on the Alex Varas Cameras website ( www.alexvarascameras.com ) administered under the responsibility by Alejandro Varas Palacios.
Any purchase or order for a service made on the Alex Varas Cameras site or directly from Alejandro Varas Palacios (by email, telephone, at the customer's or from an intermediary, etc.) implies acceptance of these general conditions of sale (GCS) including with regard to article 12 on the abandoned material.
Article 2: Price of products and services, payment of shipping and insurance costs
The price invoiced is that indicated on the estimate or on the site at the time of the order.
Prices are displayed in euros all taxes included and excluding postage and insurance.
Prices may be changed at any time, in particular due to variations in the prices of suppliers, parts and raw materials.
Shipping costs (shipping of parcels) are calculated according to the price of carriers or postal services (they are not refundable)
Transport insurance costs (shipment of parcels) are calculated according to the price offered by the carriers or postal services (they are not refundable)
The administrative costs of customs procedures are not refundable.
Article 3: Quotes, packages, acceptance of orders and performance of services
A service or product may be temporarily or permanently unavailable in the event of force majeure: natural disaster, strike, storm, bad weather, electrical damage, computer hacking and/or loss of data, pandemic, illness or hospitalization of Alejandro Varas Palacios, crisis economic or transport, out of stock or unavailability of spare parts, etc.
In the event of doubt about the solvency of a customer or the dubious provenance of equipment, previous dismantling and/or intervention(s) having damaged the equipment or work overload, Alex Varas Cameras reserves the right to refuse an order.
Any provision of service (repair, restoration, maintenance, etc.) will be subject to a prior estimate or quote. No intervention will be undertaken without acceptance of this estimate or quote by the client.
The return email of acceptance of an estimate by the customer is retained as proof of confirmation of his request for the provision of services or of his order. Indeed, the complete header of an electronic message (email) makes it possible to control the origin and the sender of a message and this all the more so as the customer has previously entered his email address in the request form. online quote.
According to Article 5 of these General Terms and Conditions of Sale, the shipment of a product or the return of equipment that has been the subject of a service are subject to full payment of the corresponding invoice.
In cases where the cost of the overhaul or restoration would reach or exceed the value of the equipment on the second-hand market (family appliances of sentimental value, collection or others) the payment of the amount of the estimate must be made before any start. of works. This exceptional provision is intended to limit the risk of abandonment of equipment, even though their sale could not compensate for the work carried out.
If a piece of equipment is irreparable (parts unavailable, irreversible damage following previous interventions, foreseeable instability of the repair, etc.) nothing except the returning costs will be invoiced.
In the same way, a refused budget or an early return will be treated as for irreparable equipment.

Article 4. Compliance of products and services
The products and services offered by Alex Varas Cameras or by Alejandro Varas Palacios comply with the standards applicable in the European Union.
Elements such as photographs, texts, graphics as well as information and characteristics illustrating and/or accompanying the products and services are not contractual.

If the customer considers that the product received or the service performed does not conform to the material presented on the site or to the estimate previously made, he must make a written complaint within 48 hours of the sale or receipt of the material, by registered mail at Alejandro Varas Palacios, Txakursolo 13 3D, Getxo, 48992, Spain.
Article 5. Payment for products and services
The shipment of a product or the return of equipment that has been the subject of a service are subject to the prior payment of the full amount of the corresponding invoice.
Payment by check is not possible.
Payment of an invoice can be made by bank transfer or PayPal.
PLEASE NOTE: Only the Alex Varas Cameras guarantee procedures are admissible (see article 10 of these general conditions of sale).
Unpaid, costs, forced recovery and conventional right of pledge:
The customer expressly acknowledges that Alex Varas Cameras has a contractual right of pledge entailing the right of retention and preference on all goods and documents in the possession of Alex Varas Cameras, and this as security for all claims that Alex Varas Cameras holds. against him (invoices, interest, costs incurred, etc.)
Failure to fully pay for a product or service blocks its delivery or the return of the equipment concerned.
No product or material will be shipped to the customer without receipt of the full amount of the corresponding invoice. In accordance with the law, the material concerned by an unpaid will be placed in retention without any legal action, any act of bailiff, any formal notice being necessary; it is up to the customer to take legal action if he considers that the retention is unjustified. In accordance with case law the material in detention will be the subject of particular attention (non-use, insurance, safekeeping, etc.)
According to current regulations, the amount of the unpaid invoice may be increased by the interest in force and by an additional global sum of 48 euros in the event of the initiation of the procedure by a bailiff (subject to any unforeseen costs) These forced recovery procedure costs (by bailiff, collection company, etc.) will remain entirely the responsibility of the debtor, subject to other costs claimed by any competent court.
The formation of the sales or service contract is suspended upon receipt of payment of the amount of the products or services ordered; that is to say upon receipt of payment for the order on the bank account of Alex Varas Cameras. No product will be shipped without prior payment confirmed by Alex Varas Cameras. Services may also be subject to prepayment, but this is not the usual rule; in general, services (such as repairs) are payable after completion of the work.
Article 6. Sale, performance of services and disclaimer
Alex Varas Cameras may refuse an order (sale or provision of service) in the event of refusal to issue a payment authorization from the customer's bank, questioned according to the method of payment chosen by the consumer.
Products and merchandise are generally dispatched within 5 working days (unless otherwise agreed or in cases of force majeure: natural disaster, strike, storm, bad weather, electrical damage, computer hacking and/or loss of data, pandemic, illness or hospitalization of Alejandro Varas Palacios , economic or transport crisis, stock shortage or unavailability of spare parts, etc.)
The time for completion of a service (restoration, maintenance, troubleshooting, etc.) possibly indicated on the estimate (or announced during exchanges of emails or by telephone) is only indicative and cannot engage the responsibility of Alex Varas Cameras ( www.alexvarascameras.com ) or its director. Indeed, interventions on old equipment (outside the manufacturer's warranty) may be dependent on the availability of certain products, spare parts or service manuals and diagrams.
This type of intervention is a matter of meticulousness and patience and requires delays often linked to the multiple technical problems encountered.
Some equipment is repaired in a few days, but this remains an exception. In most cases, the equipment follows a whole process, from the first dismantling to determine the work to be undertaken, through the search for spare parts at the best price, etc. Then the devices enter the queue…
Excluding overload periods, the average response time is 2-4 weeks, knowing that certain time-consuming electronic breakdowns or the search (or re-manufacturing) of parts may require more than a year before finding a solution. acceptable solution both from a technical point of view and in terms of the cost of execution.
Discharge of responibility
Although everything is done so that the equipment does not have to suffer during the interventions (perfect knowledge of the work accepted, use of tools and specific products, long experience, etc.), the Alejandro Varas Palacios, or its any subcontractors, cannot be held responsible in the event of damage or breakage .
This clause may seem abusive, but from experience, it is clear that old equipment has often been dismantled many times in the past and that this previous work has not always been carried out according to the rules of the art. It is not uncommon to find, after dismantling, parts or sub-assemblies that have undergone inappropriate treatment.
Furthermore, concerning equipment that has not been subject to regular maintenance (as recommended by all manufacturers), it is agreed that Alejandro Varas Palacios cannot bear the resulting damage (wear, breakage, deterioration of coatings, proliferation fungi, oxidation or depolymerization, etc.) of this lack of maintenance and the constraints caused or the obsolescence of certain materials or components.
All the defects observed during the work are generally circumscribed as far as possible and what is reasonably foreseeable both from a cost point of view but also in respect of the heritage value of this old equipment.
In addition, disassembly may be faced with parts that have been assembled with the wrong products (adhesives, threadlocker, etc.) or in quantities that do not comply with the manufacturers' recommendations; this is sometimes the case with the fixing screws or the threads of the optics which are therefore strongly sealed. Dismantling them can therefore be difficult and it happens (fortunately rarely) that traces can be visible due to the significant effort required for certain disassemblies.
Naturally, everything is done to limit these phenomena as much as possible or to replace certain fixing screws which could only be removed by drilling or any other invasive or even destructive means.
In some cases, a repainting may be carried out if the latter does not alter the aesthetics of the equipment too significantly.
In conclusion, if certain parts were destroyed by any operation and had to be replaced, the customer will be invoiced after establishment of a preliminary estimate additional to the initial estimate, insofar as the latter accepts the charge.
Article 7. Shipping, delivery, customs fees, return and transport insurance
The customer is solely responsible for sending his equipment to the workshop. He will therefore have to take all the measures so that his equipment arrives without incident.
The customer must send his package to the postal address of Alex Varas Cameras . No package can be picked up at a “John Doe Point”.
Before shipment, the customer must remove all unnecessary accessories (case or bag, neck strap, eyepiece, filter, etc.); except those that are essential for operation. Alex Varas Cameras cannot be held responsible for their possible loss .
The customer indicates the address to which he intends to have the products or equipment returned from intervention delivered.
In the event that the delivery address is different from the billing address, the customer must indicate these two separate addresses when ordering.
It must provide all useful details to enable the carriers to proceed with the delivery.
Customs and temporary importation
Apart from the movement of parcels within the European Community, parcels sent to Spain must comply with the legislation.
As a sender, the customer who does not reside in the European Community must pay taxes and customs duties when sending his package.
When the sender fills in the customs documents, he must specify that it is for the purpose of a "temporary importation" and that the equipment sent to Spain (to Alex Varas Cameras) must be overhauled (or repaired) and will then be returned to its sender in its country of origin.
PLEASE NOTE : some service providers (for example DHL ) do not clear temporary imports, but only permanent imports. Alex Varas Cameras cannot deal with customs processing with a freight forwarder…because it is time-consuming and expensive.
It is up to the sender to pay taxes and customs fees in advance; Alex Varas Cameras cannot do it for you!
When the parcel arrives in transit at the Spainish customs services, Alex Varas Cameras must generally provide some additional information and spend time on administrative procedures: these operations can be invoiced from 20 to 30 euros.
In the event of erroneous or incomplete information having made it impossible for the carrier to proceed with the delivery, Alex Varas Cameras cannot be blamed . The same applies if customs fees and taxes have not been paid in advance by the sender.
For reasons of “Professional Liability”, the products ordered or the equipment returned from the workshop are shipped with “ad-valorem” insurance and delivered to their recipient against signature. Insurance on transport (shipment of parcels) is contracted with a value of the materials accepted by the customer. The customer cannot refuse return insurance for the shipment of his package from the Alejandro Varas Palacios. In addition to the transport price, there is a flat rate of 2 euros per package to amortize the packaging costs (administrative management and supplies) as well as one euro invoiced for each package by the carrier for collection directly from the workshop. These packaging, handling, transport and insurance costs are non-refundable.
Alex Varas Cameras cannot be held liable in the event of loss, theft or any damage during transport; only the carrier's insurance may possibly cover the partial or total loss of the equipment or its deterioration.
Consequently, the customer who receives a package must issue all legal and contractual reservations to the carrier or the postal services and comply with the contractual clauses of the latter; as a general rule, the customer is required to carry out, in the presence of the deliverer, a careful examination of the physical condition of the package delivered as well as a check of its contents. In the event of an anomaly noted, he must imperatively indicate handwritten reservations on the carrier's delivery note; these reservations must be explained, detailed, dated and signed by the customer in order to avoid any dispute.
In the event of refusal to accept the delivery of a package, the shipping and insurance costs are not refundable.
Each carrier agrees on delivery times and is therefore solely responsible for observing them. In the event of non-compliance with these deadlines, the customer must contact the carrier or the postal services concerned in order to obtain an explanation. The customer must also send an e-mail via the contact form on the www.alexvarascameras.com site  and provide all the useful information likely to enable an attempt to be made to locate the packages sent via the carrier or the postal services. .
Alex Varas Cameras is not in a position to act on delivery times and conditions imposed by carriers or postal services and cannot be held responsible in the event of loss or damage. No reimbursement can therefore take place without the intervention of the carrier's insurance or the postal service.
Article 8: Withdrawal period
Pursuant to the provisions relating to the sale of products at a distance, "  the consumer has a period of fourteen clear days to exercise his right of withdrawal without having to justify reasons or to pay penalties, with the exception, in the case where applicable, return costs  ”
These provisions do not apply to services provided after acceptance of an estimate.
To exercise this right of withdrawal, the customer must imperatively inform beforehand of his intention to return the goods by sending an e-mail via the contact form on the site www.alexvarascameras.com and return the withdrawal form provided by the 'Alejandro Varas Palacios.
The delivered products must be returned to the Alejandro Varas Palacios at the customer's expense and under his responsibility, on condition that he proceed with the transport insurance, in perfect condition for resale, in their original packaging intact and showing no trace of shock, nor malfunction.
Subject to compliance with these conditions, Alex Varas Cameras will refund the products ordered for the amount shown on the invoice, excluding postage and insurance, within 15 days of receipt of the products. No refund can take place if the products are not in their original packaging, which must be perfectly intact.
Article 9: Return of a product without the possibility of withdrawal
The customer may only return a purchased product after having contacted Alex Varas Cameras via the contact form on the www.alexvarascameras.com website , to explain the reasons for his intention to return the product and after obtaining the agreement of Alex Varas Cameras.
The return authorization thus obtained is only valid for eight days.
The delivered products must be returned to Alejandro Varas Palacios at the customer's expense and under his responsibility, on condition that he proceed with the transport insurance, in perfect condition for resale, in their original packaging intact and showing no trace of shock, nor malfunction, with the exception of returns motivated by a malfunction of the product.
The return costs are entirely the responsibility of the sender, except in the case where the return is motivated by an error by Alex Varas Cameras in the preparation of the order.
No return can be motivated by a bad appreciation of the technical characteristics of a product or its incompatibility with other devices.
Any return that has not been previously reported to Alex Varas Cameras, that does not include a return authorization, that is not properly packaged, concerning a product whose packaging has been opened or which after examination does not prove to be defective, cannot be accepted.
It will then be up to the sender to recover his package at his own expense.
Article 10: Warranties
Only “Mechanical and Optical” repairs are guaranteed; the “Electronic” or “Computerized” functionalities (presence of firmware or logic functions) cannot due to the reproducibility of failures or the occurrence of cascading malfunctions. As much as totally mechanical equipment can be repaired (or restored) in several centuries, as much electronic equipment has a life expectancy directly linked to the inevitable and often irreversible wear of its components and the materials used or the disappearance of the benches computer systems that enabled the firmware to be implemented.
Repairs that are taken under warranty are for 6 months (excluding shipping and insurance costs) when it is the same defect not resulting from improper handling; that is to say that, for example, the degumming of a shutter cannot guarantee all the functions of a device. This warranty period takes effect from the issue of the invoice.
Concerning the restoration of very old equipment (old wooden chambers for example) the guarantee of the work is on a case-by-case basis depending on the future conditions of use (actual use or exposure). In fact, old unused equipment (prolonged immobilization) rapidly malfunctions; on the other hand, a device that is regularly handled will see its mechanisms stressed and will remain in good working order for longer. This is a general statement and perfectly accepted by users, collectors and repairers.
Maintenance and cleaning interventions (CLA) are guaranteed only on the basis of the spare parts actually changed and invoiced. Consumable products (including lubricants, cells, batteries, etc.) are not considered due to their normal wear and tear. WARNING :Only new spare parts are under the warranty of the supplier or manufacturer (excluding shipping and insurance costs). Used spare parts are not guaranteed; only the time spent replacing them (under the warranty period) will be covered subject to the availability of these parts (the second-hand market being variable and particularly unstable, etc.) The time taken to search for and find spare parts (including including those being re-manufactured) can be very long (several weeks or months and sometimes years for rare equipment) Prices also fluctuate depending on market tension in terms of supply and demand.
New products and goods are guaranteed by their manufacturers for the duration and according to the terms of the latter or on the warranty card that may be attached to the products upon delivery.
In the event of a defective product, the consumer must return it according to the conditions set out in article 9 of these general conditions of sale.
No return will be possible beyond the warranty period offered by the manufacturer on the products concerned.
The costs and risks associated with the return of the defective product are the responsibility of the consumer.
Alex Varas Cameras can not commit to the processing times or the conditions of execution concerning the return of defective products covered by the manufacturer's warranty. Indeed, insofar as these after-sales service operations are carried out under warranty by the workshops approved by the manufacturers themselves, it is under their sole responsibility that the products concerned are treated.
The warranty for defective products remains subject to full payment of their price by the customer.
Malfunctions caused by improper use of the product or by an external cause (such as, in particular, electrical overvoltage, exposure to a saline atmosphere, dust, sand, humidity, etc.) cannot give rise to a guarantee. The provisions of this article cannot deprive the customer of the legal guarantee described of the Consumer Code.
The electronic components and spare parts delivered directly to the customer and implemented by himself or a third party do not fall within the scope of any guarantee.
The warranty (optional) on equipment sold second-hand by Alex Varas Cameras (6 months in general), is provided exclusively by it.
This means that the equipment (purchased used), defective during this period of the guarantee, must be returned to the Alejandro Varas Palacios for verification and possible repair. If it is impossible to repair, identical equipment may be offered as a replacement. A more or less long period will be necessary to find this replacement material and to ensure the revision before shipment to the customer.
If this replacement is impossible, the amount of the refund may reach a maximum of 75% of the purchase value (amount of the sale price less taxes and duties deducted at source). Shipping costs (return) and the amount invoiced for the guarantee (optional) are not refundable under the latter.
Only the bodies, motors and lenses are guaranteed (excluding batteries). Accessories such as flashes, pouches, bags, wrist straps or straps, filters, caps or plugs, lens hoods, etc. are not part of the warranty.
IMPORTANT: The warranty can no longer be guaranteed if the equipment has been dismantled by a third party  ; in this case, or if the equipment malfunctions due to misuse or an external cause (fall, shock, humidity, defective cells or batteries, etc.), an estimate will be drawn up before any intervention.
Article 11: Unpaid and retention of title
The transfer of ownership of the products and goods delivered to the customer only occurs after full payment of their price.
Article 12: Abandoned material
Any equipment entrusted for repair and which could not be returned to the customer may be put up for sale (to amortize expenses, supplies, labour, etc.) or destroyed (deposited in a recycling center and/or cannibalized for spare parts) after a period of one year. This period of one year runs from the date of issue of the invoice (see conditions for return in the event of unpaid in article 5 of these GCS) or of an estimate that has not been heard from or refused.
From a period of 30 days after issuance of an invoice not paid in full (or an estimate that has not been heard from or refused), knowing that the right of retention (for example for lack of full payment) is acquired in a perfectly explicit way in our GCS (accepted by signature and actual sending by the applicant of the form on the site www.alexvarascameras.com )
Article 13: Personal data
According to the GDPR, customers and visitors to the www.alexvarascameras.com website certify that they have read the General Conditions of Sales and Privacy Policy.
The creation of a customer account with Alex Varas Cameras (following an order) or contact by email, post, text or telephone (for a request for information, a quote, etc.) entails acceptance by the customer to occasionally receive offers and/or messages from Alex Varas Cameras, each sending offering the possibility of unsubscribing (on simple request) in order to no longer receive these offers and messages.

Article 14: Force majeure – Applicable law – Dispute – Insurance
The obligations resulting from these general conditions of sale are likely to be suspended in the event of the occurrence of a case of force majeure (natural disaster, strike, storm, bad weather, electrical damage, computer hacking and/or loss of data, pandemic, illness or hospitalization of Alejandro Varas Palacios, economic or transport crisis, stock shortage or unavailability of spare parts, etc.)
In terms of liability and insurance, any old equipment that is broken down or needs to be restored and which arrives at the workshop (and which is stored there awaiting intervention) is considered to be "wreckage" with zero economic value, because its repairability is far from certain!
Indeed, the market, collection or second-hand value of equipment (whatever it is) is only applicable on the condition that this equipment is perfectly functional (apart from any aesthetic or wear criteria). normal). The subjective "sentimental" value (family appliance for example) does not enter into the consideration of any estimate of equipment that is old, non-functional or which has a manifest deficiency in maintenance.
Old equipment that is non-functional or has a lack of maintenance (or overhaul) cannot therefore claim any compensation in the event of destruction or loss resulting from an exceptional cause beyond the control of the managers of Alex Varas Cameras: flooding , fire, storm, vandalism, theft, natural disaster, act of war or riot, etc.
Any equipment restored or repaired (and which has regained its economic value) is immediately returned to the customer (on payment of the invoice), at his expense and under exclusive insurance from the carrier or the postal services.
These general conditions are subject to Spainish law with regard to the substantive rules as well as the rules of form. The courts of Bizkaia (Spain) have priority jurisdiction in the event of a dispute not resolved amicably.
Any dispute must be the subject of an effective and cordial attempt at amicable settlement.

Address

Txakursolo 13 - Getxo 48992 - Spain

Email

info@alexvarascameras.com

Phone

+34 644 855 956
Working hours:
Monday to Friday - 10AM to 3PM GMT+1