CompaRecycle is a web platform, accessible at www.comparecycle.com (the "Site") operated by CompaRecycle, a simplified joint-stock company with a capital of 2,000 euros, whose registered office is located at 28, rue Prosper Alfaric in Igny (91430) and registered with the Evry Trade and Companies Register under the identification number 533 616 983 (the "Company").
On the Site, consumers within the meaning of consumer law (the "Seller") offer for sale second-hand high-tech products (the "Product(s)") that the Company can purchase online after having submitted a trade-in offer (the "Offer to Purchase").
These General Terms and Conditions of Trade-In ("GTC") apply, without restriction or reservation and to the exclusion of all other conditions, to the sales of Products by the Seller to the Company. Unless formally and in writing derogated, they will prevail over any general or specific conditions of the Seller.
The Seller acknowledges that it has the required capacity to contract and sell Products. He declares that he has read these General Terms and Conditions of Take-Back and that he has accepted them by ticking the box provided for this purpose before the implementation of the online take-back procedure.
To be eligible for the online Product take-back service (the "Service"), the Seller must be i) a consumer within the meaning of consumer law, i.e. a natural person acting for purposes that are not part of his or her commercial, industrial, artisanal 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 having therefore accepted the General Terms and Conditions of Use ("T&Cs"), iv) the owner of the Products that he/she intends to offer for sale on the Site and v) use the Services for strictly private and not professional purposes.
The Seller must, in addition, fill in the registration form provided for this purpose on the Site and fill in the following information and documents:
The company reserves the right to request a copy of the invoice for the Product being traded-in in order to definitively validate its purchase.
The Seller has the option of offering one or more Products for sale on the Site, up to a limit of 5 Products per year and per category. The Seller shall refrain from selling on the Site any Product of which it is not the sole owner, or which is counterfeit in whole or in part. To this end, the Seller is informed that the Company reserves the right to submit the serial number or IMEI of the Product to any database listing stolen or suspicious Products. If, by any extraordinary circumstance, a Product is stolen or suspected of theft, the Company reserves the right to cancel the sale, obtain a refund of any amount paid to the Seller, and inform the competent authorities. To submit a Product for sale, the Seller must fill in the form provided for this purpose on the Site and fill in the following information:
The information provided by the Seller is the sole responsibility of the Seller, so it is the responsibility of the Seller to verify its accuracy. In any event, it undertakes to provide accurate and up-to-date information.
Once the aforementioned form has been completed, the Company submits an Offer to Purchase to the Seller, which the Seller is free to accept or refuse. The Company does not commit to a period of validity of the Tender Offer submitted. Consequently, the Company is free to withdraw the Offer to Purchase at any time in the absence of acceptance under the conditions of Article 2.3. The Seller is also free to withdraw its Product from sale at any time if it has not accepted the Company's Offer to Purchase. The Company's Offer to Purchase is in any event subject to the diagnosis of the Product in accordance with the provisions of Article 3 below. Prices are expressed in euros and all taxes included. The buyback offer is valid for 15 days, as evidenced by the date of the purchase order. After this 15-day period, if the product is not sent, the buyback offer will be automatically cancelled and null and void. In the event that the proposed Offer to Purchase is not suitable for the Seller, the latter has the option of abandoning its plan to sell the Product.
In the event that the Seller accepts an Offer to Purchase in accordance with the procedure provided for this purpose on the Site, the Company will pay the Seller the price agreed in the Offer to Purchase only after a positive diagnosis of the said Product within 7 working days of receipt of the Product shipped by the Seller. In the event that the Product is not positively certified, the sale is not made and the Company cannot be required to pay the agreed price to the Seller. The Seller will receive a prepaid shipping label, sent in the Company's Purchase Offer confirmation email, to be printed and affixed to the package following the packaging instructions. The package must then be dropped off at a Relay Point and will be sent to the following address: CompaRecycle Logistics, Zone Artisanale La Blinière, 35370 Argentré-du-Plessis -FRANCE for diagnostic purposes (the "Diagnosis"). If the Company fails to receive the Product at the above-mentioned address within 15 working days of the sending of the confirmation email of the Purchase Offer by the Company, the Seller will be deemed to have renounced the sale of its Product on the Site. The sending of the Product to the Company constitutes the Seller's agreement to the principle of a sale under the terms of the Offer to Purchase, although the sale is not definitively formed until after a diagnosis in accordance with the terms and conditions set out in Article 3 below.
The Diagnosis is carried out by the Company, within 2 working days of receipt of the Product, in order to ensure that the Product complies with its description by the Seller on the Site.
The diagnostic criteria and methods are based on:
The Diagnosis cannot be analysed as a waiver by the Company of the benefit of the warranty against latent defects granted by the Seller.
In the event that the Diagnosis results in a so-called "compliant" Diagnosis and the condition of the Product corresponds to that declared by the Seller, the sale of the Product will then be legally formed between the Seller and the Company. In this case, the Seller may not claim the return of the Product.
If the Grade of the Product found by the Company is lower than that mentioned by the Seller, the Seller will be offered, at the Company's option, (i) a price lower than that mentioned in the initial Offer to Purchase or (ii) the possibility of abandoning its product if it cannot be valued or, (iii) the return of its Product. If the Seller does not respond to the new Purchase Offer within 7 days of the email sent to the Seller by the Company following the Diagnosis, and after two unsuccessful reminders (1st reminder at 7 days and 2nd reminder at 14 days), the new Purchase Offer will be considered accepted (at 21 days) and the amount of the new proposal will be paid to the Seller within 7 working days. In this case, the Seller will be responsible for returning the Product and will be required to send a transport note that will allow the return of the product. If the Seller fails to pay these costs, the Company will keep the Product for a maximum period of 3 months, starting from the email asking it to pay the said costs. After this period, after 2 reminders by email, the product will be the property of CompaRecycle.
If the legal documents (signed transfer certificate, identity card, residence permit, consular card) to be attached with the product sold are missing from the package or non-compliant, the Seller will be asked to send or complete the file to validate the transaction. The Company will keep the Product for a maximum period of 3 months, starting from the email requesting the completion of the file. After this period, after 2 reminders by email, the product will be the property of CompaRecycle.
The Company cannot be held liable for contractual non-performance or damage caused by carriers, consequently, no action can be taken against the Company in the event of breakage of the Product during its transport, including in the event that the Company has assumed the transport costs.
The Seller must reset the Product before shipment, the Seller must reset it to factory settings. If the data is not erased before the product is sent, the Seller is informed that all data contained in the Product will be deleted by the Company as part of its handling for the purpose of Diagnosis. As a result, and regardless of the positive or negative outcome of the Diagnosis, all of its data will be deleted without any possible recourse against the Company. The Seller must therefore ensure that he keeps a backup of said data before handing over the Product for Diagnosis to the Company.
The Product sold by the Seller automatically benefits from the legal warranty against latent defects referred to making the use of the Product sold so unsuitable or diminishing that the Company would not have acquired it or would have given only a lower price if it had known about them (Articles 1641 to 1648 of the Civil Code). In the event of a latent defect, the Company has the choice of returning the Product to the Seller and having the price reimbursed, or keeping the Product and having part of the price reimbursed, as it will be arbitrated by experts.
The Company is committed to a continuous approach to the protection of its Users' personal data, whose strict confidentiality it is committed to preservation, in accordance with the provisions of Law No. 78-17 of January 6, 1978 amended by Law No. 2004-801 of August 6, 2004 relating to 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 data (the "GDPR"). In application of the Data Protection Act and the GDPR, it is recalled that the personal data that is requested from the Seller for the creation of its member account, access to the Services and the smooth running of the sale, are necessary for the processing of its order and the establishment of invoices, in particular. The Company's policy on the management of personal data is detailed in Article 5 of the T&Cs, accepted by the Seller when creating its member account on the Site, and of which it declares to be aware. 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 infringement of copyright.
These General Terms and Conditions of Trade-In and the transactions resulting from them are governed by and subject to French law, to the exclusion of any conflict of law rules. In the event that these terms and conditions are translated into one or more foreign languages, only the French text shall be authentic in the event of a dispute.
The parties will endeavour to resolve amicably any dispute as well as any complaint lodged with the Company's customer service. If no agreement can be reached after recourse to the Company's customer service, the User will have the option, in accordance with the provisions of Articles L612-1 and R612-1 of the Consumer Code, to use mediation free of charge by contacting either directly on the following site https://www.mediateurfevad.fr or by sending an email mediateurduecommerce@fevad.com or by sending a letter to this address Médiateur de la consommation FEVAD BP 20015 – 75362 PARIS CEDEX 8 – In addition, the Seller may contact, free of charge, the Company at the following email address: contact@comparecycle.com.
In the absence of an amicable resolution, the dispute will be brought before the competent courts in the jurisdiction of the defendant's domicile or the place of delivery of the Product, in accordance with the rules of common law.
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