# Terms and Conditions Recommerce

## Sale of a used device via the website As part of the partnership with Vodafone, Recommerce Devices and Solutions Deutschland GmbH, hereinafter 'Recommerce', offers your used device via the website to buy back. When the contract is concluded between you (the seller) and Recommerce, the repurchase value will be transferred by Recommerce to a bank account specified by you. Your used device will be resold by Recommerce as a used device or recycled through Recommerce's partners. In order to take advantage of this offer, the following conditions must be met ### Scope If you as a seller sell a used device to Recommerce via the website , the following General Terms and Conditions apply exclusively in the version valid at the time of confirmation by the seller.

**What conditions do you have to meet in order to be able to sell your device as part of Trade In?**

- You declare that you are the full owner of the device to be sold. Furthermore, the device is not encumbered with the rights of third parties and you are entitled to give Recommerce ownership of this device. - You declare that you have full legal capacity (contractual capacity) or, failing that, that you have permission from your legal representative (parent, guardian) to sell the device. You declare that the used device is the device that was purchased via the website has been diagnosed that the used equipment is complete and in the condition that you have specified on the website. - You are required to erase all personal information on the device prior to sending it to Recommerce, as well as removing the SIM card and any memory cards. The ESim card must be decoupled from the device. You are also required to reset the device to factory settings. You must also remove all locks (e.g. iCloud lock, Google account, Samsung reactivation lock, Blackberry ID, FRP lock, DEP mode) from the device. - Any SIM and memory cards that are still present cannot be sent back to the seller in the event of a return. Recommerce disclaims any liability for unremoved data/cards or any use of the device with an unremoved SIM card. - You undertake to release Recommerce from any and all claims, regardless of their type and origin, if data of any kind were still present on the device. - You declare that the used device is not stolen or counterfeit. Otherwise you will not receive any payment for the used device, which in this case will be handed over to the responsible law enforcement authorities. - You are aware that by sending the device to Recommerce, you assign all claims to the device and any data that may still be on it. - You declare that you are acting as a natural person and as a private customer. You therefore declare that you are not acting as or for a legal entity and/or as a trader - You can sell a maximum of 3 used devices per calendar year through this offer. C2 General - If you sell the used device, you will not be relieved of obligations arising from contracts with your mobile network provider or from installment contracts. You must pay any remaining debts. Please terminate these contracts in good time; - Nevertheless, Recommerce undertakes to carry out a data protection-compliant, secure deletion of the data with appropriate technical means on the device, in particular a data deletion according to the following paragraphs, so that the personal data cannot be restored. The data can be deleted by Recommerce immediately after the device has been sent, i.e. regardless of whether the offer sent afterwards is accepted or rejected. - Recommerce is obliged to permanently delete or destroy data on storage media that are handed over to it for data deletion. Any memory cards and/or SIM cards in the device must generally be irretrievably destroyed. - Recommerce guarantees that the data contained on the devices and storage media are deleted in accordance with the most up-to-date and recognized security standards. - Recommerce guarantees that the process used for data deletion is subject to a quality management system and that data deletion is fully documented and audited

**Determination of the surrender value:**

- As soon as the used device has been received by Recommerce, Recommerce will check within five working days whether the seller via the websites the assessment made is correct. The device value is calculated on the basis of an online diagnostic process and questions to be answered by you on the website . This value is regularly adjusted depending on the market value. In order for the used device to be traded in, the specified repurchase value must be at least €1 and the return conditions listed at must be met. It corresponds to an offer to sell by you to the partner Recommerce, who confirms your acceptance of this offer. - The offer made on is valid for 15 calendar days from the date the offer was made. - Upon receipt of the smartphone and after its inspection: - If the used device is all on corresponds to the information provided, the transfer amount corresponds to the offer made during the purchase transaction on was accepted. In this case you will receive a confirmation email. - If the used equipment does not meet the agreed criteria or has not been sent within the agreed deadline, Recommerce will make you a counter offer via email. You can accept or reject this by email within a maximum period of 7 calendar days. In the event of a rejection, you can have your used device sent back. Please note that the original packaging and accessories will not be returned. If a return is desired, any transport costs for returning a canceled trade-in must be borne by the seller. - If the partner Recommerce does not receive any feedback from you as the seller within a period of 7 calendar days, it is assumed that the device should be assigned to Recommerce on the terms offered in the counter-offer. A bank transfer is made to the bank account specified by the seller.

**Device ownership transfer to Recommerce:**

- As part of the transaction, ownership of the used device is transferred directly, fully, unconditionally and irrevocably from the customer to Recommerce upon receipt of the notification confirming the value of the device upon receipt of the product by Recommece. In case of discrepancies (counter offer by email after receipt of the product), the transfer of ownership will take effect upon receipt of your acceptance email. - If you have a used device that you want to sell to Recommerce and that you don't see on If you find something that does not meet the purchase criteria, you can hand it in at a Vodafone shop. Vodafone will arrange for the device to be recycled. You can find more information at [www.vodafone.de/hilfe/altgeraete-recycling.html](https://www.vodafone.de/hilfe/altgeraete-recycling.html)

**How does shipping work?**

- Insofar as Recommerce has made you, as a seller, an offer to purchase devices, you are obliged to send the used device offered to Recommerce immediately after receipt of the e-mail from Recommerce confirming the offer to sell. The offered used device must be received by Recommerce no later than 15 days after submission of the offer. If Recommerce receives the used device after this period, Recommerce reserves the right to make you, the seller, a new offer. - For shipping, the seller uses his own stable shipping packaging. As the seller, you put the device offered for recommerce into this. As a seller, you expressly do not have to enclose any original packaging and/or accessories such as charging cables, headphones, protective covers, protective films, etc. or other items. As a seller, you expressly do not receive any remuneration for this. If you have enclosed the original packaging and/or accessories, Recommerce is not obliged to send them back to the seller. - As the seller, you secure the contents of the package with sufficient packaging material (such as newspaper or bubble wrap). In addition, secure the package sufficiently with adhesive tape. Recommerce will cover the postage costs for your used device. Upon successful completion of the transaction - You print out a pre-paid label provided, attached to the confirmation email, which you can use to ship your used device. Recommerce is not liable in the event of the loss of the package by the shipping service provider and does not grant any compensation. Shipping is by Deutsche Post DHL. If DHL loses your package, you need to file a complaint with DHL.

**What are the terms of payment?**

You can trade your used device at Sell to Recommerce. The repurchase value will be transferred via bank transfer through Recommerce to your bank account. As the seller, you are responsible for providing the correct bank details. The transfer will be made within 48 hours of receiving the email confirming that the product received meets the purchase criteria, or 48 hours of your acceptance of the new offer.

**What personal information do we collect?**

When processing seller data, Vodafone and Recommerce comply with applicable legislation. Only the data required for business transactions will be processed. Your personal data will not be published, sold or made accessible to third parties. The information on data protection can be found at: [https://assets.recommerce.com/clc/vodafone-de/de/DATENSCHUTZRICHTLINIE.pdf](https://assets.recommerce.com/clc/vodafone-de/de/DATENSCHUTZRICHTLINIE.pdf)

**Prohibitions and copyrights**

- The seller undertakes not to use any scripts and/or software that could impair the functionality of the Vodafone and Recommerce websites. - The content on the Vodafone and Recommerce websites may only be used for contractual purposes. Any other use is prohibited. - The contents of the Vodafone and Recommerce websites are protected by copyright. All rights of Vodafone and Recommerce or the cooperation partners are reserved. Copying, duplicating or changing the websites of Vodafone and Recommerce is prohibited unless this is technically necessary for the intended use.

**Liability**

- The liability of Recommerce, in particular the personal liability of the shareholders, as well as their vicarious agents and employees for damage caused before, during or after the existence of the contractual relationship, except for damage resulting from injury to life, limb, health or injury to Obligations, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the seller may regularly rely, as well as liability for other damages based on an intentional or grossly negligent breach of duty, are excluded. - In the event of a breach of essential contractual obligations, Recommerce is only liable for the contract-typical, foreseeable damage if this was caused simply by negligence. - The seller assumes no liability for material defects or guarantees for used equipment. Liability for fraudulent intent and intent as well as for damages due to bodily injury and gross negligence or intent remains unaffected.

**Applicable law**

The present offer conditions are subject to German law. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded. Place of jurisdiction is Hamburg. Subject to the mandatory places of jurisdiction. If individual provisions of this contract have not become part of the contract in whole or in part, are ineffective, unenforceable or void, or if there is a loophole in the contract, the rest of the contract remains effective. In addition, the statutory regulations apply. If there is no corresponding statutory provision, the provision shall be replaced by one that the parties would have made if they had considered this point from the outset; in doing so, mutual economic interests must be taken into account in an appropriate and justifiable manner. The previous sentence applies accordingly if there are any loopholes. In the event of a claim, we recommend that you contact Recommerce Customer Service for an amicable solution. Contact details: By email: ruecknahme.vodafone@recommerce.com Or via the following address: Recommerce Devices and Solutions Deutschland GmbH Colonnades 5 20354 Hamburg DE346356674

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