CompaRecycle is a web platform, accessible at www.comparecycle.com (the "Site"), operated by CompaRecycle, a simplified joint-stock company with share capital of €2,000, whose registered office is located at 28, rue Prosper Alfaric in Igny (91430) and registered with the Evry Trade and Companies Register under identification number 533 616 983 (the "Company").
On the Site, consumers within the meaning of consumer law (the "Seller") offer for sale used high-tech products (the "Product(s)"), which the Company may purchase online after submitting a buyback offer (the "Purchase Offer").
These General Terms and Conditions of Buyback ("GTC") apply, without restriction or reservation and to the exclusion of all other conditions, to sales of Products by the Seller to the Company. Unless formally and expressly waived in writing, they shall prevail, where applicable, over any general or special conditions of the Seller.
The Seller acknowledges having the capacity required to enter into a contract and sell Products. The Seller declares that they have read these General Terms and Conditions of Buyback and accepted them by ticking the box provided for this purpose before initiating the online buyback procedure.
To be eligible for the online Product buyback service (the "Service"), the Seller must be: (i) a consumer within the meaning of consumer law, i.e., a natural person acting for purposes not falling within the scope of their commercial, industrial, craft or liberal activity; (ii) over 18 years of age and have full legal capacity; (iii) the holder of a member account on the Site and, as such, have accepted the General Terms of Use ("GTU"); (iv) the owner of the Products they intend to offer for sale on the Site; and (v) use the Services strictly for private, non-professional purposes.
The Seller must also complete the registration form provided for this purpose on the Site and provide, in particular, the following information and documents:
The Company reserves the right to request a copy of the invoice for the Product subject to buyback in order to definitively validate its purchase.
The Seller may offer one or more Products for sale on the Site, up to a limit of 5 Products per year and per category.
The Seller shall not sell on the Site any Product of which they are not the full owner, or that is counterfeit in whole or in part. To this end, the Seller is informed that the Company reserves the right to submit the Product's serial number or IMEI to any database listing stolen or suspicious Products. If, exceptionally, a Product turns out to be stolen or is suspected of theft, the Company reserves the right to cancel the sale, obtain reimbursement of any amount possibly paid to the Seller, and inform the competent authorities.
To submit a Product for sale, the Seller must complete the form provided for this purpose on the Site and, in particular, provide the following information:
The information communicated by the Seller is under their sole responsibility; it is therefore up to the Seller to verify its accuracy. In any event, the Seller undertakes to provide accurate and up-to-date information.
Once the above-mentioned form has been completed, the Company submits a Purchase Offer to the Seller, which the Seller is free to accept or refuse. The Company makes no commitment regarding the validity period of the submitted Purchase Offer. Consequently, the Company is free to withdraw the Purchase Offer at any time if it has not been accepted under the conditions of Article 2.3. The Seller is also free to withdraw their Product from sale at any time as long as they have not accepted the Company's Purchase Offer.
The Company's Purchase Offer is in any event subject to the Product diagnostic in accordance with the provisions of Article 3 below.
Prices are expressed in euros, all taxes included.
The buyback offer is valid for 15 days, as evidenced by the date on the transfer of ownership slip. After this 15-day period, if the Product has not been sent, the buyback offer will be automatically canceled and become null and void.
If the Purchase Offer proposed does not suit the Seller, the Seller may abandon their plan to sell the Product.
If the Seller accepts a Purchase Offer in accordance with the procedure provided for on the Site, the Company will carry out a diagnostic of the Product within 3 business days from its receipt. In the event of a positive diagnostic, the Company will pay the Seller the price agreed in the Purchase Offer within an additional 7 business days following validation of the diagnostic. If the Product is not positively certified, the sale is not formed and the Company shall not be required to pay the agreed price to the Seller.
The Seller will receive a prepaid shipping label, sent in the email confirming the Company's Purchase Offer, to be printed and affixed to the package by following the packing instructions.
The package must then be dropped off at a Pickup Point and will be shipped to the following address for diagnostic (the "Diagnostic"): Logistique CompaRecycle, Zone Artisanale La Blinière, 35370 Argentré-du-Plessis.
If the Product is not received by the Company at the above address within 15 business days from the sending of the Purchase Offer confirmation email by the Company, the Seller will be deemed to have waived selling their Product on the Site.
Sending the Product to the Company constitutes the Seller's agreement in principle to a sale under the conditions of the Purchase Offer; however, the sale is only definitively formed after the diagnostic, under the terms set out in Article 3 below.
The Diagnostic is carried out by the Company within 3 business days from receipt of the Product, in order to ensure that the Product conforms to its description by the Seller on the Site.
The diagnostic criteria and methods are based on:
The Diagnostic shall not be construed as a waiver by the Company of the benefit of the hidden defects warranty granted by the Seller.
3.2.1. If the Diagnostic is "conforming"
If the Diagnostic results in a so‑called "conforming" Diagnostic and the condition of the Product corresponds to that declared by the Seller, the sale of the Product is then legally formed between the Seller and the Company. In this case, the Seller may not claim the return of the Product.
3.2.2. If the Product grade is lower than declared
If the Product Grade determined by the Company is lower than that stated by the Seller, the Seller will be offered, at the Company's discretion: (i) a price lower than that stated in the initial Purchase Offer; or (ii) the possibility of abandoning their Product if it cannot be valorized; or (iii) the return of their Product.
The seller must confirm their choice, and only in their customer area, by clicking on the response of their choice, i.e. the ‘Abandon my product’ or ‘Reject the counter-offer’ button.
If the Seller does not respond to the new Purchase Offer within 7 days from the email sent to the Seller by the Company following the Diagnostic, and after two unsuccessful reminders (1st reminder at 7 days and 2nd reminder at 14 days), the new Purchase Offer will be deemed accepted and the amount of the new proposal will be paid to the Seller within 7 business days.
In the case of return shipment of the Product, it is the Seller's responsibility to provide a shipping label that will allow the Product to be returned.
If the Seller does not bear these costs, the Company will keep the Product for a maximum period of 3 months from the email requesting payment of said costs. After this period, and following two email reminders, the Product will automatically become the property of CompaRecycle.
3.2.3. If mandatory documents are non‑compliant
If the mandatory documents (identity card, passport, residence permit, or consular card) provided by the Seller are non‑compliant, the Seller will be invited to complete their file and provide a valid document compliant with legal requirements. The Company will keep the Product for three (3) months from the request for completion. After this period, and after two unsuccessful reminders, the Product will automatically become the property of the Company.
The Company will retain the Product for a maximum period of 3 months from the email requesting completion of the file. After this period, following two email reminders, the Product will automatically become the property of CompaRecycle.
The Company cannot be held liable for contractual non‑performance or damage caused by carriers; consequently, no action may be brought against the Company in the event of breakage of the Product during shipment, including in the event that the Company has borne the transport costs.
The Seller must reset their Product before shipment; the Seller must restore the device to factory settings.
If the data has not been erased before sending the Product, the Seller is informed that all data contained in the Product will be deleted by the Company in the course of handling it for Diagnostic purposes.
Consequently, and regardless of the positive or negative outcome of the Diagnostic, all data will be deleted without recourse against the Company. The Seller must therefore ensure that a backup of such data is kept before handing the Product over to the Company for Diagnostic.
The data contained in the Product transferred by the Seller is completely erased by the professional software named DIGITRAZ 3.0, used by our subcontractor on each Product tested on site.
The Product sold by the Seller benefits by operation of law from the legal warranty against hidden defects, making the Product sold unfit for its intended use or diminishing such use to such an extent that the Company would not have acquired it, or would have given a lower price if it had known of them (Articles 1641 to 1648 of the French Civil Code).
In the event of a hidden defect, the Company may choose to return the Product to the Seller and obtain reimbursement of the price, or to keep the Product and obtain a reduction of the price as assessed by experts.
The Company is committed to the ongoing protection of Users' personal data, the strict confidentiality of which it endeavors to preserve, in accordance with the provisions of Law No. 78‑17 of 6 January 1978 as amended by Law No. 2004‑801 of 6 August 2004 on information technology, files and freedoms (the "Data Protection Law"), and Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (the "GDPR").
Pursuant to the Data Protection Law and the GDPR, it is recalled that the personal data requested from the Seller for the creation of their member account, access to the Services, and the proper performance of the sale are necessary for processing the order and for issuing invoices, in particular.
The Company's policy on the management of personal data is detailed in Article 5 of the GTU, accepted by the Seller when creating their member account on the Site, and of which they acknowledge having knowledge. The parties shall refer to these provisions for any question relating to the protection of personal data entrusted by the Seller to the Company.
The content of the Site is the property of the Company and is protected by French and international laws relating to intellectual property. Any total or partial reproduction of this content is strictly prohibited and may constitute an act of infringement.
These General Terms and Conditions of Buyback and the transactions arising therefrom are governed by and subject to French law, to the exclusion of all conflict‑of‑law rules.
If these terms are translated into one or more foreign languages, only the French text shall prevail in the event of a dispute.
The parties shall endeavor to amicably resolve any dispute as well as any claim submitted to the Company's customer service.
If no agreement can be reached after referral to the Company's customer service, the User may, in accordance with the provisions of Articles L612‑1 and R612‑1 of the French Consumer Code, resort free of charge to mediation by contacting either directly on the following site https://www.mediateurfevad.fr, or by sending an email to mediateurduecommerce@fevad.com, or by sending a postal letter to: Médiateur de la consommation FEVAD BP 20015 – 75362 PARIS CEDEX 8 –
In addition, the Seller may contact the Company free of charge at the following email address: contact@comparecycle.com.
Failing amicable resolution, the dispute shall be brought before the competent courts within the jurisdiction of the defendant's domicile or the place of delivery of the Product, according to the rules of ordinary law.
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