# General Terms and Conditions Recommerce

## **Sale of a used device via the website ** As part of the partnership with Vodafone, RECOMMERCE SOLUTIONS SA, here in after "Recommerce", offers to buy back your used device via the website . Upon conclusion of the contract between you (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. To benefit from this offer, the following conditions must be met. Scope: In the event of a sale of a used device by you as seller to Recommerce via the website , the following General Terms and Conditions shall apply exclusively in their version valid at the time of confirmation by the seller.

**What conditions do you have to fulfil to be able to sell your device within Trade In?**

- You declare to be the unrestricted owner of the device to be sold. Furthermore, the device is not encumbered with rights of third parties, and you are entitled to provide Recommerce with ownership of this device. - You declare that you have full legal capacity or, if this is not the case, that you have the permission of your legal representative (parent, guardian) to sell the device. You declare that the used appliance is the appliance that was diagnosed via the website . that the used device is approved and in the condition that you have indicated on the website. - You are obliged to delete all personal data on the device before sending it to Recommerce and to remove the SIM card and any memory cards. The eSim card must be disconnected from the device. You are also obliged to reset the device to factory settings. Furthermore, you must remove all locks (e.g. iCloud Lock, Google Account, Samsung Activation Lock, Blackberry ID, FRP Lock, DEP Mode) from the device. - Any SIM and memory cards that may still be present cannot be returned to the seller. Recommerce excludes any liability for data/cards not removed or any use of the device with a SIM card not removed. - You relieve Recommerce against all possible claims, of whatever nature and origin, if data - of whatever nature - was still present on the device. - You declare that the used device is not stolen or a counterfeit. Otherwise, you will not receive payment for the used device, which in this case will be handed over to the law enforcement authorities responsible for this.

You are aware that by sending the device to Recommerce, you relinquish any claims to the device as well as to 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 person and/or as a trader. - You can sell a maximum of 3 used units per calendar year through this offer. - If you sell the used device, you will not be released from any obligations arising from contracts with your mobile phone provider or instalment payment contracts. You must pay any remaining debts. Please terminate these contracts in due 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 recovered. The data deletion by Recommerce can take place immediately after sending the device, i.e. regardless of whether the subsequently transmitted offer is accepted or rejected. - Recommerce is obliged to permanently delete or destroy data on storage media that is handed over to it for data deletion. Any memory cards and / or SIM cards present in the device must be irretrievably destroyed. - Recommerce guarantees that the data contained on the devices and storage media is deleted in accordance with the latest and most recognised security standards. - Recommerce ensures 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 buyback value:**

- Once the used equipment is received by Recommerce, Recommerce will verify within five business days that the valuation provided by the seller via the websites is accurate. The value of the equipment is calculated based on an online diagnostic process and questions to be answered by you on the site. This value is regularly adjusted depending on the market value. In order for the used equipment to be traded in, the specified trade-in value must be at least €1 and the trade-in conditions listed on must be met. It corresponds to an offer of sale by you to the partner Recommerce, who will confirm acceptance of this offer. - The offer made on is valid for 15 calendar days from the date of the offer. - On receiving the smartphone and after it has been checked: - If the used device corresponds to all the details given on , the transfer amount corresponds to the offer accepted in the purchase transaction on . In this case, you will receive a confirmation e-mail. - If the used device does not meet the agreed criteria or has not been sent within the agreed period, Recommerce will make you a counteroffer by e-mail. You can accept or reject this by e-mail within a maximum period of 7 calendar days. In case of rejection, you can have your used device returned. Please note that the original packaging and accessories will not be returned. In the event of a requested return, any transport costs for a return shipment of a cancelled trade-in are to 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 is to be transferred to Recommerce under the conditions of the counteroffer. A bank transfer will be made to the bank account specified by the seller. - From the 13th of November 2023 at 9am to the 30th of November 2023 at 9am, Recommerce is offering an additional 100€ value on the trade-in value for the following models: Iphone 11, iphone 12 ,13 (all models, capacities and colors - except “mini” versions-), Samsung S20, S20 FE, S21, S21 FE, S22 (all models, capacities and colors), Pixel 6 (all models, capacities and colors) and Xiaomi 11T (all models, capacities and colors). This additional value is already included in the displayed price and will be paid out if the declared condition of the device matches the one received after inspection.

**Transfer of ownership of the device to Recommerce:**

- As part of the transaction, ownership of the used device is directly, fully, unconditionally, and irrevocably transferred from the customer to Recommerce as soon as you receive the notification confirming the amount of the device value upon receipt of the product by Recommerce. In case of discrepancies (counteroffer by e-mail after receipt of the product), the transfer of ownership becomes effective upon receipt of your acceptance e-mail. - If you have a used device that you want to sell to Recommerce and you can't find it on or it doesn't meet the purchase criteria, you can drop it off at a Vodafone shop. Vodafone will take care of recycling the device through a WEEE certified recycler.

**How does the shipping work?**

- Insofar as Recommerce has made an offer to purchase equipment to you as the seller, you are obliged to send the offered used equipment to Recommerce immediately after receipt of the e-mail from Recommerce confirming the offer to sell. The offered used equipment must be received by Recommerce no later than 15 days after the submission of the offer. If the used device is received by Recommerce after this deadline, Recommerce reserves the right to submit a new offer to you as the seller. - For shipping, the seller uses their own stable shipping packaging. As the seller, you place the device offered for Recommerce in this packaging. As the seller, you expressly do not have to enclose any original packaging and/or accessories such as charging cables, headphones, protective covers, protective foils, etc. or other items. As the seller, you will also expressly not receive any remuneration for this. If you have enclosed the original packaging and/or accessories, Recommerce is not obliged to return them to the seller. - You as the seller secure the package contents with sufficient packaging material (such as newspaper or bubble wrap). In addition, you secure the package sufficiently with adhesive tape. Recommerce will pay the postage costs for your used device. Upon successful completion of the transaction at - You print out a provided prepaid label attached to the confirmation email that you can use to ship your used equipment. Recommerce is not liable in case of loss of the package by the shipping service provider and does not provide compensation. The shipping is carried out by An Post. If An Post loses your package, you must file a complaint with An Post.

**What provisions apply to the payment?**

You can sell your used device on to sell it to Recommerce. The transfer of the repurchase value will be made by bank transfer by Recommerce to your bank account. As the seller, you are responsible for providing the correct bank details. The transfer will take place within a period of 48 hours after receipt of the confirmation email that the product received meets the purchase criteria, or 48 hours after acceptance of the new offer by you.

**What personal data do we collect?**

When processing seller data, Vodafone and Recommerce comply with applicable legislation. Only the data necessary for the transaction will be processed. Your personal data will not be published, sold, or made available to third parties. You can find the information on data protection at: https://assets.recommerce.com/buyback-webgen-app/vodafone-ie/en/PERSONAL_DATA.pdf

**Prohibitions and copyrights**

- The Seller ensures to not use any scripts and / or software that could impair the functioning 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, reproducing, or modifying the Vodafone and Recommerce websites 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 damages caused before, during or after the existence of the contractual relationship, except for damages resulting from injury to life, body, health or from the breach of obligations, the fulfilment of which makes the proper execution of the contract possible in the first place and on the observance of which the seller may regularly rely, as well as the liability for other damages based on an intentional or grossly negligent breach of duty, is excluded. - In the event of a breach of material contractual obligations, Recommerce is only liable for the foreseeable damage typical for the contract if this was caused by simple 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 in the event of gross negligence or intent shall remain unaffected.

**Applicable Law:**

These offer conditions are subject to french 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, or are invalid, unenforceable, or void, or if a loophole should become apparent in the contract, the remainder of the contract shall remain valid. In addition, the statutory provisions shall apply. In the absence of a corresponding statutory provision, such provision shall be replaced by a provision which the parties would have made if they had considered this point from the outset; in doing so, the economic interests of both parties shall be considered in a reasonable and justifiable manner. The preceding sentence shall apply mutatis mutandis in the event of loopholes. In the event of complaints, we recommend that you contact Recommerce's customer service to find an amicable solution. **Contact details:**
By e-mail: vodafonetradein+ie@recommerce.com Or via the following address: Recommerce Solutions SA
54 avenue Lénine,
94250 Gentilly
FRANCE

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