"Orange Belgium Trade-in" is a web platform (the "Platform"), accessible at the address https://obe-en.comparecycle.com/ 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 Platform, the Company offers a buyback service for second-hand high-tech products (smartphones, tablets, laptops, game consoles, etc.).
The purpose of these General Terms and Conditions of Use (hereinafter the "Conditions" or the "Agreement") is to define the terms and conditions governing the relationship between Users and the Company. These General Terms and Conditions of Use are made available to any Internet user browsing the Site via a hypertext link "T&Cs" where they can be directly consulted. These Terms constitute a contractual agreement governing the conditions of access and use of the Site from the time of their acceptance by the User.
The User undertakes, during each of his visits to the Site, to comply with all of these Terms and Conditions without any reservation. Consequently, the User acknowledges that he or she has read the Terms and Conditions and agrees to be bound by these provisions.
The Company reserves the right to modify its General Terms and Conditions of Use at any time. In this case, the applicable Terms and Conditions are those in force on the date of connection to the Site.
For the purposes of this Agreement, the following capitalized terms and phrases have the following meanings:
To be eligible for the Service, the User must be a natural person who has reached the age of 18 and has full legal capacity. Use of the Services is limited to personal needs only, excluding any business use.
The creation of a member account on the Site is a mandatory prerequisite for the use of the Service. It involves completing the registration form, available on the Site, by providing accurate, up-to-date and complete information. This information must then be regularly updated by the User to preserve its accuracy.
The User must choose a username, a valid email and a password.
Access codes to the User's account are strictly confidential. In the event of unauthorised use of their account or any breach of the confidentiality and security of their means of identification, the User must, without delay, inform the Company.
The Site allows a User, who meets the eligibility conditions stipulated in Article 1.1, to offer for sale to the Company, on the Site, one or more Product(s).
The seller of legal age and owner of the product(s).
Any sale of Products on the Site by Seller Users implies acceptance of these General Terms and Conditions of Use and our General Terms and Conditions of Trade-In ("GTC").
The Company, according to these Terms, grants Users a limited, revocable, non-exclusive, and non-transferable right of access to the Services and the Site on a strictly personal basis. Any use of the Site contrary to its purpose is strictly prohibited and constitutes a breach of these provisions.
Users shall refrain from:
It is reminded that violations of system or network security may lead to civil and criminal prosecution. The Company verifies the absence of such violation and may appeal to the judicial authorities to prosecute, if necessary, Users who have participated in such violations.
Users undertake to use the Site fairly, in accordance with its purpose and the legal and regulatory provisions, these Terms and Conditions and the practices in force.
All the content of the Site, in particular the designs, texts, graphics, images, videos, information, logos, button icons, software, audio files and others belongs to the Company, which has rights concessions with regard to the intellectual property elements of which Orange Belgique remains the owner.
Any representation and/or reproduction and/or partial or total exploitation of the content and services offered by the Company, by any means whatsoever, without the prior written authorization of the Company, is strictly prohibited and would be likely to give rise to legal proceedings.
The Company is committed to a continuous process of protecting the personal data of its Users, 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 Act"), 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").
The company CompaRecycle (SAS with a capital of 2,000 euros, 28, rue Prosper Alfaric in Igny (91430), RCS d'Evry n°533 616 983) is a Data Controller within the meaning of the Data Protection Act and the GDPR.
In order to allow any User to take full advantage of the Services and functionalities of the Site, the Company collects various data. It is recalled that by registering on the Site, the User expressly accepts that this data is collected, regardless of the country from which he or she connects.
This data is collected at different times and by various methods:
5.3.1. Personal data is stored by the Company on its servers, with a view to processing them in the context of the use of the Services. It is kept for as long as necessary for the provision of the Services and the proper functioning of the Site and to achieve the purposes for which it is collected. Consequently, as long as a User has a member account, the data collected will be retained, except for the application of the provisions of Article 5.3.2 below. In the event of unsubscribing from the Site, the data collected will be deleted by the Company and kept only as an archive for the purpose of establishing proof of a right or contract that can be archived in accordance with the provisions of the Commercial Code relating to the retention period of books and documents created during commercial activities and the Consumer Code relating to the retention of contracts concluded electronically.
5.3.2. If the User does not connect to the Site for a period of three (3) years, the User's personal data will be automatically deleted and only kept as an archive as indicated in Article 5.3.1.
The data collected, as identified above, is strictly necessary for the operation of the Site and access to the Services it offers.
If the requested information is not provided, the User will not be able to create a member account or benefit from the Site and Services of the Company. Personal data is collected from Users in order to (i) allow the User to take full advantage of the Services and functions offered by the Site, (ii) to prevent any fraud and (iii) for statistical purposes.
The legal basis for collecting Users' personal data is:
The Company's Users' data is mainly processed to enable their browsing and use of the Company's Services. This data may be communicated by the Company to any third party entrusted with the execution, processing and management of the Services. The User's Personal Data may thus be processed by subsidiaries and subcontractors of the Company, in full compliance with the principle set out above, exclusively for the purpose of achieving the purposes referred to herein.
However, the User's personal data will not be transmitted to commercial or advertising actors, nor outside the borders of the European Union. Notwithstanding the above provisions, the Company may disclose or share a User's personal data with a third party in the following cases:
In accordance with the provisions of the Data Protection Act and the GDPR, Users of the Site have the following rights:
The User may exercise their rights by writing to the following email address: rgpd@comparecycle.com or to the following postal address: CompaRecycle - 28, rue Prosper Alfaric in Igny (91430).
The User's request will be responded to within three (3) months. Requests for the deletion of Personal Data will be subject to the obligations imposed on the Company by law, in particular with regard to the retention or archiving of documents.
If the User considers that his or her data is not being processed in accordance with the obligations in this area, he or she may submit a complaint to the CNIL, either by internet at the following address https://www.cnil.fr/fr/plaintes/internet or by post by writing to: CNIL - Service des Plaintes - 3 Place de Fontenoy - TSA 80715 - 75334 PARIS CEDEX 07.
5.6.1. User Information.
In its capacity as Data Controller, the Company will ensure the collection of Users' personal data in accordance with applicable laws and regulations, as well as the respect of the rights of each of the data subjects.
The Company thus guarantees that the personal data of its Users is collected in accordance with the applicable regulations and in particular that it obtains the consent of the persons concerned after having fully informed them of their rights, the nature of the data collected, the duration of storage of this data, as well as the nature and purposes of the processing that may be carried out on this data.
When browsing the Company's website, Users are informed of the purposes for which their data is collected via the various online data collection forms.
5.6.2. Hosting - Security.
The company also implements all technical and organisational measures to ensure the security of the processing of personal data and the confidentiality of personal data.
As such, it takes all the necessary precautions, with regard to the nature of the data and the risks presented by the processing, in order to preserve the security of the data and, in particular, to prevent them from being distorted, damaged, or accessed by unauthorized third parties (physical protection of the premises, authentication processes with personal and secure access via confidential identifiers and passwords, logging connections, encrypting certain data...).
The Company thus undertakes to:
5.6.3. Register:
The Company will keep a register of the processing carried out including:
The User is solely responsible for the consequences of using the Site.
The User is required to ensure that the use he makes of the Site complies with the legal and regulatory provisions as well as the General Terms and Conditions. The Company does not give the User any guarantee as to the compliance of the use of the Site, which he makes or plans to do, with national or international legal and regulatory provisions.
The User is informed of technical hazards and interruptions of access that may occur on the Site. Consequently, the Company cannot be held responsible for the unavailability or slowdowns of the Services.
All information, advice and guides and any other data displayed on the Site are not intended to constitute advice on the basis of which a decision could be taken by the User.
The Company does not carry out any upstream control over the content, if any, imported by the User onto the Site, which is the exclusive responsibility of the User. The Company reserves the right to delete a posteriori any content of a User that contravenes the aforementioned provisions and that is reported to it, and/or to delete the member account of the User concerned.
If the Company were to be challenged by a third party, in any capacity whatsoever and in any country whatsoever, due to the violation of these General Terms and Conditions by a User or the infringement by a User of an industrial and/or intellectual property right relating to an element provided by this User, the Company shall be entitled to take action against the User concerned, who undertakes to fully indemnify the Company and to indemnify it against the direct and/or indirect economic and financial consequences (including the costs of proceedings and defence) that would arise from the action of third parties.
It is recalled that the information published or shared by Users may be captured and used by other Users or third parties. In this sense, the Company does not guarantee the integrity and respect of the ownership of this information; it is the responsibility of the User to take all necessary measures to ensure that this information is preserved.
It is also the responsibility of each User to take all necessary measures to protect their software, hardware and data from any contamination by any viruses circulating on the Internet.
6.3.1. The Company cannot be held liable for the delay or non-performance of this Contract justified by a case of force majeure, as defined by the case law of the French courts and tribunals.
6.3.2. The Company excludes any liability in the event of:
The User may terminate this Agreement at any time by visiting the Site and following the procedure provided for this purpose. It is recalled that once a User's member account has been closed, the data transmitted as well as all the data generated will be made inaccessible and archived in accordance with the provisions of Article 5.3 above.
At the same time, the Company reserves the right to restrict, suspend or delete the account of any User who i) refuses to accept or comply with the Company's General Terms and Conditions of Use or General Terms and Conditions of Trade-In, or ii) misuses the Services and in particular, without this indication being exhaustive, who contravenes the provisions of Article 6.2 of these Conditions.
The Company is free to modify the terms of service or discontinue the Services at any time. The Services offered free of charge do not give rise to any obligation on the part of the Company.
The computer systems and files are authentic in the relationship between the Company and the User.
Thus, the Company may validly produce in the context of any procedure, for the purposes of proof, the data, files, programs, recordings or other elements, received, issued or stored by means of the computer systems operated by the Company, on any digital or analog media, and rely on them unless there is a manifest error.
The fact that any provision of the Agreement is or becomes illegal or unenforceable shall not in any way affect the validity or enforceability of the remaining provisions of the Agreement.
The Company reserves the right to modify, supplement or replace these Terms. In the event of the User's refusal of the new provisions, it is recalled that the User may at any time, in accordance with Article 7 (Termination), terminate this Agreement.
10.1. The conclusion, interpretation and validity of this Agreement shall be governed by French law, regardless of the User's country of origin or the country from which the User accesses the Site and notwithstanding the principles of conflicts of law.
10.2. 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.
10.3. 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.