— Terms and Conditions | Refurbished Smartphone | Certideal


General Terms and Conditions of Sale and Use of the certideal.com Website

updated on 13/08/2021

Preamble

VC Technology is a simplified joint-stock company with share capital, whose registered office is located at 102-116 rue Victor Hugo, 92300 Levallois, registered with the Paris Trade and Companies Register under number RCS 813979036.

VC Technology specialises in the distance sale of used electronic devices through its website wwww.certideal.com and its regional extensions (including www.certideal.it, www.certideal.es, www.certideal.be, www.certideal.pt and www.certideal.se), hereinafter referred to as the "Website".

VC Technology provides a range of services enabling internet users to purchase new or refurbished second-hand products, such as smartphones, consoles, tablets and televisions, from various brands including Apple iPhone, iPad and MacBook, Samsung Galaxy, Note, Tab and other models. These services are available directly on the VC Technology Website and, where applicable, on the website of one or more of its partners.

ARTICLE 1 – SCOPE

These general terms and conditions of sale (hereinafter the "General Terms and Conditions") apply without restriction or reservation to all products offered on the Website.

Consequently, the fact that a natural or legal person (hereinafter the "Customer") places an order on the Website implies full and unconditional acceptance of the General Terms and Conditions.

The General Terms and Conditions shall remain in force until a new version is posted online. For this reason, the Customer must review and confirm the General Terms and Conditions before confirming each order.

VC Technology reserves the right to adapt or amend the General Terms and Conditions at any time. In the event of an amendment, each order shall be governed by the General Terms and Conditions in force at the time the order is registered.

ARTICLE 2 - REGISTRATION ON THE WEBSITE

2.1. Creating an account

To access the features of the Website, the User must create an account using an email address and a password.

Confirmation that the account has been activated will be sent to the User at the email address provided. The account activation confirmation email will summarise the User's email address (login) and password so that the User can subsequently log in to the Website.

The account is free of charge and entails no commitment or obligation to make a purchase on the Website.

The User must be over 18 years of age and have full legal capacity to enter into a sale.

The registered User is the only person authorised to use the account by means of the email address and password created when registering on the Website. This information, for which the User remains responsible, is required each time a session is opened and must under no circumstances be disclosed to or used by third parties.

The User undertakes not to create or use any additional accounts other than those originally created, whether under the User's own identity or that of a third party.

The User undertakes not to complete the registration form using false, fictitious and/or incorrect data or contact details.

The User also undertakes to notify CertiDeal, by writing to contatti@certideal.it, of any fraudulent use of the User's login and/or password by a third party as soon as the User becomes aware of it. In this respect, the User undertakes to compensate CertiDeal for any damage or costs resulting from another person's use of the User's account information where the User authorised such use or was aware of it.

2.2. Creating a customer profile

Once on the Website and logged into the account, each User may create a profile. To create a profile, Users must click the "My Account" link at the top right of the screen and then the "My Information" tab.

Finally, when creating the profile, the User may optionally provide the following information: credit card details and the IBAN details of the User's bank account.

ARTICLE 3 - PURCHASE OF PRODUCTS

3.1 Order placed by the Buyer

3.1.1 Procedure

A Buyer wishing to purchase a product clicks the "Add to Cart" button on the selected product page. The Buyer may therefore add several products to the shopping cart.

Information about the products is provided on the product page.

It should also be noted that, subject to certain exceptions, products are delivered only in Italy when the order is placed through the www.certideal.it Website.

The prices of all products offered for sale on the Website include all taxes (excluding transport and customs charges, which may be charged in addition in certain countries) and are displayed on the product pages of the Website.

Each order confirmed by the Customer constitutes irrevocable acceptance of the purchase agreement, which may be challenged only in accordance with the General Terms and Conditions.

VC Technology will acknowledge receipt of the order by sending the Customer a confirmation email summarising the contents of the order and the delivery date.

VC Technology reserves the right to cancel any order placed by a Customer with whom a dispute arose before the order was placed.

The information provided by the Customer during the ordering process is binding on the Customer. If this information, particularly the email address and the recipient's contact details, is incorrect, incomplete or misspelled, VC Technology cannot be held liable for being unable to deliver the product. Any delivery made to the address provided by the Customer shall be deemed to have been duly and properly completed in accordance with the General Terms and Conditions.

In the event of a return caused by missing information and/or an error attributable to the Customer, the costs incurred for that return may be charged to the Customer.

3.2 Prices

Prices are broken down as follows.

  • Product prices: These prices may be changed by VC Technology at any time. However, in the event of a change, the sale price applicable shall be the price in force when the order was registered. Prices displayed on the Website do not include delivery charges unless otherwise stated.
  • Discount vouchers: Vouchers, discounts, promotional codes and referral benefits cannot be combined and may be used for VC Technology products.
  • Delivery charges: Delivery charges vary according to the product and the delivery method selected by the Customer from among those offered by VC Technology. These charges are displayed when the Customer selects the delivery method and may be viewed at any time in the "Deliveries" section of the Website.

The amount stated in VC Technology's order confirmation (price of the products and delivery charges) is the total amount payable by the Customer.

3.3 Delivery and shipping charges

The Buyer must provide certain essential information in order to complete the transaction:

  • the Buyer's surname and first name and, where the Buyer and the person receiving the delivery are different, the surname and first name of the person receiving the parcel,
  • the delivery address, which must be complete and detailed in order to enable and facilitate delivery of the orders,
  • billing address,
  • a contact telephone number, where required.

The order will be delivered to the Buyer by Chronopost-Bartolini or by any other carrier approved by CertiDeal.

Shipping charges represent the Buyer's contribution to the costs incurred by CertiDeal, as set out below, for shipping the product to the Buyer. They are determined on a flat-rate basis according to the value of the products ordered and are indicated below for the various countries to which orders may be delivered, except for atypical products or orders subject to different shipping charges, of which the Buyer must be informed when placing the order.

3.4 Product unavailability / Refusal of an order

If, for any reason, a product ordered by the Buyer becomes unavailable after the order has been confirmed, CertiDeal will contact the Buyer in due course to propose cancellation of the order and a refund, if payment has already been received, which will be issued within thirty (30) calendar days following cancellation of the order. In order to ensure a high-quality service, CertiDeal reserves the right to replace the item with another item of equal or higher quality.

3.5 Payment for the order

Payment by the Buyer of the product price and shipping charges is made through one of the secure payment systems selected by CertiDeal and may be made by credit card, Visa, Maestro, Mastercard, Poste Pay, PayPal and in instalments through the service offered by Oney.

CertiDeal offers the Buyer the option of saving Visa and Mastercard details in the customer profile.

Information relating to the Buyer's order is subject to automated data processing. The purpose of this automated data processing is to combat credit card fraud.

However, a check may be carried out on the Buyer by a partner and/or CertiDeal's "Risk Department" by telephone, email or post in order to validate the order before the product is dispatched and, where appropriate, to request additional supporting documents.

As part of the verification process, an order may be refused if the information provided by the Buyer is intentionally false and/or fraudulent. In this case, the Buyer will be informed by email of the measures taken by CertiDeal, which will automatically refund the order if it has already been paid for by the Buyer.

3.6 Delivery

The ordered products will be delivered by the carrier selected by the Customer, subject to availability and, unless otherwise stated when the order is placed, within a maximum of 6 working days. The maximum period is shown on each product page.

For orders comprising several products, an order may be delivered to the Customer in one or more consignments.

If the Customer specifically requires delivery to several locations, the Customer must place several orders and will be charged the corresponding delivery costs for each order.

For deliveries in Italy, San Marino and Vatican City, the carrier undertakes to deliver the order through Chronopost-Bartolini within twenty-four (24) to seventy-two (72) working hours, Monday to Friday, to the address provided by the Customer.

If delivery is delayed beyond the deadline specified when the contract was concluded, the Customer must contact VC Technology's customer service through the customer account, by email or by letter, to request delivery within a reasonable additional period.

If delivery has still not taken place after this additional period, the Customer may request cancellation of the order from VC Technology's customer service through the customer account, by email or by letter. The order shall be deemed cancelled upon receipt of this request. In this case, the Customer will receive a full refund within 14 days.

VC Technology is responsible for delivery and delivery times.

3.7 Receipt and inspection of an order

The Buyer, or the person receiving the products in the Buyer's name and on the Buyer's behalf, must inspect the visible condition of the products upon receipt before signing the receipt provided by the carrier.

In the event of obvious irregularities, including damage, missing products, damaged packaging or broken products, the Buyer or the Buyer's representative must enter precise reservations on the delivery note, specifying the number of missing and/or damaged parcels and/or products and giving a detailed description of any damage, such as opened or torn packaging or a damaged or missing product. It is essential that the Buyer leave the items in the condition in which they were delivered, that is, with all accessories and other components received.

Vague wording such as "subject to unpacking" or "subject to inspection" has no value. In the absence of specific reservations, the Buyer acknowledges having received a delivery that corresponds to the order and is in good condition.

In accordance with Article L.133-3 of the French Commercial Code, any complaint concerning transport damage and/or missing products must be confirmed to the carrier by registered letter with acknowledgement of receipt within three (3) days of receipt, excluding public holidays. This period is extended to ten (10) days where the order was received by a non-professional Buyer, or the Buyer's representative, and the carrier does not prove that it gave that person the opportunity to check the proper condition of the goods, in accordance with Article L. 121-105 of the French Consumer Code.

The Buyer must retain a copy of the delivery note. A copy of the claim must be sent by the same method to CertiDeal at the following address: VC Technology, 110 rue Victor Hugo, 92300 Levallois, France.

Where applicable, the damaged product or products must be returned to CertiDeal in accordance with the product return procedure set out in Article 3.8.2.

If the Buyer fails to comply with the formalities described above, the Buyer alone shall bear the consequences of any transport damage and may not claim any compensation from CertiDeal.

3.8 Cancellation / Complaints / Returns / Refunds

None of the provisions of this Article affects the Buyer's statutory rights, in particular the statutory guarantee of conformity under Articles L. 211-4 et seq. of the French Consumer Code and the guarantee against hidden defects under Articles 1641 to 1648 and 2232 of the French Civil Code, for which CertiDeal is responsible in connection with direct sales on its Website.

3.8.1 Right of withdrawal

In accordance with Article L.221-18 of the Consumer Code, the Customer has at least fourteen days from the date of receipt of the order to exercise the right of withdrawal, without having to justify the decision or bear any costs other than those provided for in Articles L. 221-23 to L. 221-25. Since 1 August 2020, this period has been extended to 21 days on the Website. The Buyer must return the goods no later than 14 days after submitting the withdrawal request.

The right of withdrawal may be exercised by email, registered letter or through the customer area. To ensure proper handling of the Customer's request, it is recommended that the Customer consult the "Customer Service" section in the customer area and attach the "Return Form" provided by customer service to the order form.

The refund will be issued within 14 days.

3.8.2 Product return procedure

All products must be returned to the following address: VC Technology, 110 rue Victor Hugo, Levallois - France. CertiDeal recommends that the Buyer obtain proof of dispatch for every parcel sent to CertiDeal and send it by registered mail with acknowledgement of receipt or by declared-value courier, as appropriate. CertiDeal accepts no responsibility for the loss of or damage to a product during transport.

In addition, products returned because of delivery delays must be sent by registered mail with acknowledgement of receipt.

CertiDeal draws the Buyer's attention to the need to take particular care of the products. All returned products are inspected and must in every case be returned complete, that is, with all accessories and other components received with the products, in their original condition and sealed.

If the Buyer failed to take proper care of the product while it was in the Buyer's possession or when returning it, CertiDeal reserves the right not to accept the return or to charge the Buyer for the damage caused to the product, where the damage occurred after delivery to the Buyer. In addition, the Buyer shall be liable for any reduction in the value of the products resulting from handling other than that necessary to establish their nature, characteristics and proper functioning, deliberate damage, accident, negligence by the Buyer or a third party, improper use of the product for its intended purpose, failure to follow the manufacturer's or CertiDeal's instructions, or alterations or repairs carried out without CertiDeal's prior consent.

Any product returned in a condition in which the cost of repair or cleaning would be excessive in relation to the price of the product will not be refunded and will be held at the Buyer's risk and expense for a period of six (6) months following receipt of the product by CertiDeal, unless the Buyer received the product in that condition.

A Buyer wishing to recover the product must submit the request by email and pay the amount of EUR 12 including VAT, corresponding to the reasonable storage and maintenance costs incurred by CertiDeal, including the cost of returning the product to the Buyer. Upon receipt of this amount, CertiDeal will return the non-refundable product to the Buyer.

If CertiDeal receives no claim from the Buyer during the six-month storage period, CertiDeal will become the owner of the unclaimed non-refundable or returned product, where applicable. These products may be destroyed or, if their condition permits, donated to charity.

If the Buyer cancels an order within the withdrawal period under Article 3.8.1, "Right of withdrawal", and the order was paid for in whole or in part using a discount voucher or gift card, the vouchers used for the order will be credited to the Buyer's account or electronic wallet, where available.

All items must be returned with the corresponding accessories and instructions and, where possible, in their original packaging.

The Customer must return the product without access codes, including iCloud accounts on Apple devices and Google accounts on Android devices. Any product returned with access codes still active on the phone will be sent back to the Customer at the Customer's expense. If a technical issue prevents the Customer from removing the codes, for example because the product can no longer be switched on, and customer service has arranged a replacement, the Customer must cooperate with CertiDeal's customer service team to remove the access codes after the product has been replaced. If the Customer refuses to remove the access codes, the product will be invoiced and returned to the Customer, and the corresponding amount will be collected directly from the Customer.

VC Technology may, when delivering an order, provide the Customer free of charge with a product having a higher cosmetic grade or greater storage capacity. If the product is returned and must be replaced, VC Technology will supply the product specified in the order form paid for by the Customer and confirmed by email. In this case, VC Technology is not required to maintain the cosmetic grade or storage capacity that was provided to the Buyer free of charge.

CertiDeal guarantees that the products offered for sale on the Website comply with all applicable laws, regulations and standards. In particular, CertiDeal is responsible for the statutory guarantee of conformity under Articles L. 211-4 et seq. of the Consumer Code and for hidden defects under Articles 1641 to 1648 and 2232 of the Civil Code.

Furthermore, with respect to direct sales concluded on the Website, CertiDeal is a professional seller and, as such, undertakes to comply with its obligations under these General Terms and Conditions, in particular Article 3.8, "Cancellation / Complaints / Returns / Refunds", of this document.

CertiDeal asks Users to check the order-tracking system regularly in the profile area under the "History" tab.

Ownership of the products shall pass to the Customer only upon delivery of those products.

3.9 Referral / loyalty programme

The referral programme is limited to 10 uses per year, corresponding to EUR 200 in discounts. Personal codes may not be published publicly on professional voucher-code websites and must be reserved for use within a private and closed circle. In the event of a breach of this rule, CertiDeal reserves the right to remove the credit from a fraudulent account.

ARTICLE 4 – PURCHASE OFFER (TRADE-IN), WHERE AVAILABLE

When making a purchase on the Website, the Buyer may be offered the opportunity to sell an old device. This is the trade-in offer.

How does the trade-in offer work?

Where a trade-in offer is available, it will be presented to the Buyer while browsing the Website. Using a form, the Buyer provides the model, capacity, screen condition, casing condition and operating condition of the device.

A trade-in offer, valid for a period of 14 days, is conditional on a purchase being made on the Website and is estimated by us on the basis of the information provided. It is presented to the Buyer, who may accept or reject it. If the Buyer accepts the trade-in offer, the Buyer will receive a prepaid shipping label after making the purchase on the Website in order to send the old device to CertiDeal.

Upon receipt, CertiDeal will contact the Buyer and verify whether the information provided by the Buyer on the Website accurately reflects the condition of the old device. If the information corresponds to the condition of the device and the trade-in offer has not expired, CertiDeal undertakes to pay the Buyer the amount of the trade-in offer by bank transfer for the purchase of the old device.

Otherwise, CertiDeal will make the Buyer a new trade-in offer, which the Buyer may accept or reject. If the Buyer rejects the trade-in offer or has changed their mind and wishes to recover the old device, the Buyer shall bear the return shipping costs.

ARTICLE 5 – LIABILITY AND GUARANTEES

5.1 Statutory guarantees

VC Technology is subject to the statutory guarantee of conformity under Articles L. 217-4 et seq. of the Consumer Code and to the guarantee relating to defects in the item sold under the conditions set out in Articles 1641 et seq. of the Civil Code, reproduced below.

It should be recalled that, under the statutory guarantee of conformity for second-hand goods, the consumer:

· Has a period of 2 years from delivery of the goods in which to take action against the seller;

· May choose between repair and replacement of the goods, subject to the cost conditions set out in Article L. 217-9 of the Consumer Code;

· Is exempt, for a period of six months from delivery of the goods, from having to prove that the lack of conformity existed.

The statutory guarantee of conformity applies independently of any commercial guarantee that may be provided by the manufacturer. The consumer may decide to invoke the guarantee against hidden defects in the item sold under Article 1641 of the Civil Code and, in that case, may choose between cancellation of the sale or a reduction in the sale price in accordance with Article 1644 of the Civil Code.

5.1.1 Reminder of the provisions relating to the statutory guarantee of conformity

Under the statutory guarantee of conformity, where the product ordered by the Customer has a lack of conformity that existed at the time of delivery, VC Technology undertakes to:

  • replace the product with an identical product, subject to available stock,
  • or repair the product
  • or exchange the product for a product of equivalent quality and price, subject to available stock,
  • or refund the price of the product within 14 days of the Customer's request if replacement with an identical or equivalent product is impossible.

Article L217-4 of the Consumer Code

The seller shall deliver goods that conform to the contract and shall be liable for any lack of conformity existing at the time of delivery.

The seller shall also be liable for any lack of conformity resulting from the packaging, assembly instructions or installation where this was made the seller's responsibility under the contract or was carried out under the seller's responsibility.

Article L217-5 of the Consumer Code

Goods conform to the contract:

1° If they are fit for the use normally expected of similar goods and, where applicable:

- If they correspond to the description provided by the seller and possess the qualities presented by the seller to the buyer in the form of a sample or model;

- If they possess the qualities that a buyer may reasonably expect in view of public statements made by the seller, the manufacturer or their representative, particularly in advertising or labelling;

2° Or if they possess the characteristics mutually agreed by the parties or are fit for any particular purpose sought by the buyer, made known to the seller and accepted by the seller.

Article L217-7 of the Consumer Code

Any lack of conformity that becomes apparent within twenty-four months of delivery of the goods is presumed to have existed at the time of delivery unless proved otherwise. It should be recalled that this period is set at six months for second-hand goods.

The seller may rebut this presumption where it is incompatible with the nature of the goods or the alleged lack of conformity.

Article L217-8 of the Consumer Code

The buyer is entitled to require the goods to conform to the contract. However, the buyer may not challenge conformity by invoking a defect of which the buyer was aware, or could not have been unaware, when the contract was concluded. The same applies where the defect originates in materials supplied by the buyer.


5.2 Commercial guarantee

VC Technology provides consumers who have purchased products such as Apple and Android smartphones and tablets on the certideal.it platform with a minimum guarantee of 6 months, which may vary depending on the product and, unless otherwise stated, is extended to 2 years!

Details of the guarantee are available at the following link: https://www.certideal.de/content/12-garantie-und-garantieverlängerung

ARTICLE 6 – DATA PROTECTION

VC Technology is committed to protecting personal data. It undertakes to provide the highest possible level of protection for personal data in accordance with applicable European and French data-protection regulations.

For information about the protection of personal data, you may also consult the website of the French data-protection authority: www.cnil.fr.

Details of the privacy policy are available at the following link: https://certideal.de/content/20-datenschutzrichtlinie

ARTICLE 7 – DISPUTES AND APPLICABLE LAW - HANDLING OF COMPLAINTS - MEDIATION

Any complaint may be submitted using the contact forms available in the customer area, and the Customer will receive a response as soon as possible.

In the event of difficulties, before any mediation or legal proceedings, the Customer may seek an amicable solution, in particular with the assistance of a trade association, a consumer association, the European online dispute resolution service at https://ec.europa.eu/consumers/odr, or any other adviser of the Customer's choice.

Any dispute that cannot be settled amicably shall fall within the jurisdiction of the courts of the place where the harmful event occurred or where the Customer resided at the time the contract was concluded.

ARTICLE 8 – LEGAL INFORMATION

These General Terms and Conditions are governed by French law. Any dispute shall be submitted to the competent French courts.

The service is provided by VC Technology, a simplified joint-stock company with SIREN number 813 979 036, whose registered office is located at 102-116 rue Victor Hugo, 92300 Levallois-Perret. The company is managed by Yoann Valensi, and the Website is hosted by Amazon through its AWS service.