Conditions Générales de Vente
Distance selling of used cell phones sold by RECOMMERCE SOLUTIONS under the “Recommerce” and “Alloccaz” brands implies unreserved acceptance of the following stipulations:
Article 1 - Scope of application
These General Terms and Conditions of Sale (hereinafter referred to as the “GTCS”) apply to all sales concluded between RECOMMERCE SOLUTIONS (hereinafter referred to as the “Company”) and private individuals acting as consumers on a personal basis (hereinafter referred to as the “Customer”) on the websites owned by the Company or on partner Marketplaces on which RECOMMERCE SOLUTIONS sells used mobile phones accompanied by their battery and compatible accessories (hands-free kit): the Customer) on websites owned by the Company or on partner Marketplaces on which the company RECOMMERCE SOLUTIONS sells used cell phones accompanied by their battery and compatible accessories (hands-free kit and, if indicated, other compatible accessories) (hereinafter the “Product(s)”). The General Terms and Conditions of Sale apply to the exclusion of all other terms and conditions and are accessible at all times on the http://www.alloccaz.com/conditions-generales-de-ventes/ and https://www.recommerce.com/cgv websites, and shall prevail, where applicable, over any other version or other document. In the absence of proof to the contrary, the data recorded by the Company constitutes proof of all transactions. The Company reserves the right, at its sole discretion, to modify the GCS at any time.in the event of modification of the GCS, the GCS applicable to the sale will be the GCS in force at the time of validation of the purchase by the Customer on the Internet Site.Product offers are subject to availability. Information on Product availability is provided at the time the order is placed. Any order placed with the Company implies unconditional acceptance of the provisions of the General Terms and Conditions of Sale. Registration is authorized only for natural persons of legal age.
Article 2 - Products
The Company sells reconditioned second-hand Products.
Products sold by the Company must undergo tests and treatments which vary according to the type of Product.
The Company informs the Customer that the Products have undergone a “hard reset” of the data before being put on sale.
The list of said tests and treatments carried out by type of Product may be consulted on request from the Company, whose contact details are given in Article 13 of the GCS.
Article 3 - Ordering
It is the Customer's responsibility to select the Product they wish to order from the websites and to purchase it according to the terms and conditions specific to each website.
The order-taking steps are those indicated on the websites.
Use of the websites implies acceptance of their respective General Terms of Use.
The sale will only be considered definitive once the Company has sent the Customer confirmation of acceptance of the order by e-mail and once the Company has received payment in full.
The company states that it reserves the right to deal with a Customer with whom it is in dispute or with whom it has had a dispute, unless there is a serious dispute. This dispute constitutes a legitimate reason for refusing to sell a Product to a consumer, in accordance with article L121-11 of the French Consumer Code.
Article 4 – Price
The Products are supplied at the prices shown on the Internet Site at the time the order is registered by the Company.
Prices are expressed and payable in Euros (€), are net, inclusive of all taxes (TTC), firm and non-revisable.
The Company reserves the right, at its sole discretion, to modify the price at any time, without prior notice, it being however specified that the Products are invoiced to the Customer at the price in force at the time of validation of the Customer's order by the Company.
Article 5 – Payment
The price is only payable in cash, in full, on the day the order is placed by the Customer.
Article 6 – Availability
In the event of unavailability of a Product ordered, the Company will inform the Customer by e-mail as soon as possible.
The Customer will then have the option of replacing the Product with another of equivalent quality and price, while stocks last, or cancelling the order and being reimbursed within fourteen (14) working days of the Company notifying the Customer of the Product's unavailability.
Article 7- Delivery
Products purchased by the Customer are only delivered in mainland France, to the delivery address indicated by the Customer when placing the Order.
Delivery will be made by Chronopost (hereinafter the “Carrier”).
Unless otherwise specified, the Company will ship the Products within a maximum of 72 working hours from receipt of payment.
It is the Customer's responsibility to check the condition of the Products on delivery by the Carrier, to express any reservations to the Carrier and to inform the Company within 48 hours. Any claim relating to delivery made after this period will not be accepted.
In the event that the Customer is unable to take delivery of the Product when presented by the Carrier, and if the Product is returned by the Carrier to the Company due to the Customer's failure to collect the Product, the Product will be returned to the Customer at the Customer's expense.
Article 8 - Right of withdrawal
If you are not satisfied with your purchase, you have 14 days to retract.
8.1 Scope of consolidation
The Customer may, within fourteen days of delivery of the Product, exercise his right of withdrawal by notifying his wish to withdraw as indicated in article 8.2 below.
8.2 Terms and conditions
8.2.1 Notification of withdrawal
Prior to any return of a Product and in order to exercise his right of withdrawal, the Customer is invited to click on the link below:
https://garantie.recommerce.com/warranty/retractation
- Or write down the information required to process your return, taken from the online form, on a separate sheet of paper,
- Or complete the online retraction form,
Or download the form.
If the Customer fills in the online form, the Company undertakes to send the Customer an acknowledgement of receipt of the withdrawal without delay.
If the Customer downloads the form, he must fill it in and send it :
· Or by e-mail to sav@recommerce.com
· Or by post to Recommerce Solutions, Service GRC, 54 Avenue Lénine - 94250 GENTILLY - France
8.2.2 Product returns
The Customer must return the Product in accordance with the conditions stipulated in article 9 below.
8.3 Return costs and refunds
8.3.1 Return shipping costs
Return shipping costs are the sole responsibility of the customer, unless the return is made under the legal warranty of conformity or the legal warranty of hidden defects.
Transport of returned products is the responsibility of the customer, who is free to choose the carrier.
8.3.2 Refunds
The Product will be reimbursed within fourteen (14) days of receipt by the Company of the Customer's request to exercise the right of withdrawal, and if the Product has been received by the Company within this period.
However, in accordance with paragraph 2 of article L221-24 of the French Consumer Code, this refund period is deferred until the product has been recovered by the Company or until the Customer has provided proof (i.e. any means enabling the shipment to be justified to the Company without any possible dispute) of the dispatch of the product concerned.
Article 9 - How to return the product if you exercise your right of withdrawal
9.1 VERY IMPORTANT: deactivate “locate” and “reactivation lock” functions.
9.1.1 Product using “IOS” software The Company informs the Customer that certain Products have “iOS” software with the “locate my iPhone” option. If the “locate my iPhone” function is activated, the Product cannot be replaced or refunded. To check whether this option is still activated and to deactivate it, the Customer can go to “Settings” > “iCloud” > “Locate my iPhone” or visit the official Apple website www.icloud.com. If, during the course of the Expertise, the Company discovers that the Product has the aforementioned option activated, the Product will automatically be returned to the Customer, without the Customer being able to claim any compensation in this respect. 9.1.2 Product using “Android” software The Company also informs the Customer that certain Products have “Android” software with the “Reactivation Lock” option. If the “Reactivation Lock” function is activated, the Product cannot be replaced or refunded. To check whether this option is still activated, and to deactivate it, the Customer goes to “Settings” > “Lock screen/Security” > “Mobile tracking”. If, during the course of the Expertise, the Company discovers that the Product has the said option activated, the Product will automatically be returned to the Customer, without the Customer being able to claim any compensation in this respect.
9.2 Copy of the withdrawal form or acknowledgement of receipt received
In order to track the return of the Product, the Customer is informed that he/she must attach a copy of the retraction form or the acknowledgement of receipt received to the Product to be returned to the address :
XPO Logistics, Activité RC SAV Cellule 2, 5 rue de l'espace Schengen 91250 Tigery FR
9.3 Product packaging
It is specified that the Customer must return the Product, preferably in its original packaging, or failing that, using a container providing equivalent protection and in perfect condition accompanied by its battery and compatible accessories.
Ø The Customer must remove the SIM card from the Product before returning it.
Failing this, the SIM card will not be recoverable and will be destroyed by the Company or its subcontractors for security reasons.
Should the SIM card be used during transport, the customer expressly acknowledges and accepts that the company cannot be held responsible under any circumstances.
In the event that the Product is damaged and/or incomplete, the Customer will not be entitled to exercise his right of withdrawal.
The return of the Product must be accompanied by a copy of the invoice.
Article 10 - Warranties
Article 10.1 Legal warranties
The Company is bound by the legal warranty of conformity mentioned in articles L. 217-4 et seq. of the French Consumer Code, and by the warranty relating to defects in the goods sold, under the conditions set out in articles 1641 et seq. of the French Civil Code. (see box below).
Under the legal warranty of conformity for goods sold second-hand, the consumer: - has a period of 2 years from delivery of the good to take action against the seller; - can choose between repair or replacement of the good, subject to the cost conditions set out in article L. 217-9 of the French Consumer Code; - does not have to prove the existence of a lack of conformity in the good during the six months following delivery of the good. The legal warranty of conformity applies independently of any commercial warranty that may be granted by the manufacturer. The consumer may decide to invoke the warranty against hidden defects in the item sold, in accordance with article 1641 of the French Civil Code. In this case, the consumer may choose between rescission of the sale or a reduction in the purchase price, in accordance with article 1644 of the French Civil Code.
10.1.1 Reminder of the provisions governing the legal warranty of conformity
Within the framework of the legal guarantee of conformity if the Product ordered by the Customer presents a defect of conformity existing at the time of delivery, according to the option chosen by the customer and what it is possible to do, RECOMMERCE SOLUTIONS commits :
· or replace the Product with an identical Product subject to availability,
· or to exchange a Product for a Product of equivalent quality and price depending on available stocks,
· or refund the price of the Product within 14 days of the Customer's request if replacement by an identical or equivalent Product proves impossible.
You are also reminded that as these are reconditioned second-hand Products, repair of the Products is not feasible and is therefore not offered by RECOMMERCE SOLUTIONS.
The costs of returning the Product ordered and delivered to the Customer, as well as the possible delivery of another Product will be borne by the company RECOMMERCE SOLUTIONS.
Article L217-4 of the French Consumer Code
The seller delivers goods in conformity with the contract and is liable for any defects in conformity existing at the time of delivery.
He is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation when the latter is his responsibility under the contract or was carried out under his responsibility.
Article L217-5 of the French Consumer Code
The property conforms to the contract:
1° Whether it is fit for the use ordinarily expected of similar goods and, if so :
- if it corresponds to the description given by the seller and has the qualities presented to the buyer in the form of a sample or model;
- it has the qualities that a purchaser may legitimately expect in the light of public statements made by the seller, the producer or his representative, particularly in advertising or labelling;
2° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the seller's attention and accepted by the latter.
Article L217-7 of the French Consumer Code
Defects in conformity which appear within twenty-four months of delivery of the goods are presumed to have existed at the time of delivery, unless proven otherwise.
For used goods, this period is six months.
The seller may rebut this presumption if it is not compatible with the nature of the goods or the alleged lack of conformity.
Article L217-8 of the French Consumer Code
The buyer is entitled to demand that the goods conform to the contract. He may not, however, contest conformity by invoking a defect of which he was aware or could not have been unaware when he entered into the contract. The same applies when the defect is due to materials supplied by the buyer.
Article L217-9 of the French Consumer Code
In the event of a lack of conformity, the buyer can choose between repair and replacement.
However, the seller may not proceed according to the buyer's choice if this choice would entail a cost that is manifestly disproportionate to the other method, taking into account the value of the goods or the importance of the defect. In this case, the seller is obliged to proceed according to the method not chosen by the buyer, unless this is impossible.
Article L217-10 of the French Consumer Code
If repair and replacement are impossible, the buyer may return the goods and have the price refunded, or keep the goods and have part of the price refunded.
The same option is available to the buyer:
1° If the solution requested, proposed or agreed under article L. 217-9 cannot be implemented within one month of the buyer's complaint;
2° Or if this solution cannot be found without major inconvenience for the customer, given the nature of the good and the use he is seeking.
However, the sale cannot be rescinded if the lack of conformity is minor.
Article L217-11 of the French Consumer Code
The provisions of articles L. 217-9 and L. 217-10 are applied at no cost to the purchaser. These same provisions do not preclude the award of damages.
Article L217-12 of the French Consumer Code
Any action arising from a lack of conformity must be brought within two years of delivery of the goods.
Article L217-13 of the French Consumer Code
The provisions of the present section do not deprive the purchaser of the right to bring an action resulting from redhibitory defects as provided for in articles 1641 to 1649 of the French Civil Code, or any other action of a contractual or extra-contractual nature recognized by law.
10.1.2 Reminder of the provisions governing the warranty against latent defects
Within the framework of the legal warranty for defects in the Product sold, RECOMMERCE SOLUTIONS, according to the Customer's choice, undertakes, after evaluation of the defect :
- or refund the full price of the returned Product,
- or to refund part of the price of the Product if the Customer decides to keep it.
Article 1641 of the French Civil Code
The seller is liable for any hidden defects in the item sold which render it unfit for its intended use, or which impair that use to such an extent that the buyer would not have purchased it, or would have paid a lower price for it, had he been aware of them.
Article 1645 of the French Civil Code
If the seller was aware of the defects, he is liable to the buyer for all damages in addition to restitution of the price received.
Article 1646 of the French Civil Code
If the seller was unaware of the defects, he will only be obliged to refund the price and reimburse the buyer for the costs incurred by the sale.
Article 1648 of the French Civil Code:
The action resulting from redhibitory defects must be brought by the purchaser within two years of discovery of the defect.
10.2 Warranty exclusions
For the record, the Company reminds the Customer:
(i) The Company informs the Customer that certain Products have the “iOS” software with the “locate my iPhone” option. If the “locate my iPhone” function is activated, the Product cannot be replaced or refunded. To check whether this option is still activated and to deactivate it, the Customer can go to “Settings” > “iCloud” > “Locate my iPhone” or visit the official Apple website www.icloud.com. If, during the course of the Expertise, the Company discovers that the Product has the said option activated, the Product will automatically be returned to the Customer, without the Customer being able to claim any compensation in this respect. (ii) The Company also informs the Customer that certain Products feature the “Android” software with the “Reactivation Lock” option. If the “Reactivation Lock” function is activated, the Product cannot be replaced or refunded. To check whether this option is still activated, and to deactivate it, the Customer goes to “Settings” > “Lock screen/Security” > “Mobile tracking”. If, during the course of the Expertise, the Company discovers that the Product has the said option activated, the Product will automatically be returned to the Customer, without the Customer being able to claim any compensation in this respect. (iii) The customer is also informed that any accessory added to the telephone (protective glass, protective film, shell, etc.) cannot be replaced or reimbursed by the Company.
10.2.2 Warranty exclusions :
Customers are reminded that they must use the Product strictly in accordance with the manufacturer's technical documentation. All warranties are excluded by the Company in the event of :
- Damage due to an accident, use other than that suggested in the technical documentation available on the product manufacturer's website, malfunctions following an attempt to unlock or poor maintenance of the Product by the Customer (non-limitative examples: soiling, oxidation, corrosion, rust encrustation, etc.);
- Damage occurring during installation or opening of the Product;
- Damage caused externally to the Product: Incorrect installation by the customer, fire, water damage, etc. and, in general, all damage caused to the external parts of the Product, where such damage does not impair its proper operation;
- In the event of modification or repair of the Product by the Customer and in the event of repair of the Product by an organization not approved by the manufacturer of the Product;
- Operating system updates not recommended by the manufacturer and which may cause lasting damage to the product;
- If the Customer modifies the Product without the Manufacturer's authorization;
If you exercise your right to warranty, the Recommerce team undertakes to return a functional product to you as soon as possible, at the latest within 72 working hours following receipt of the defective product.
No claim will be accepted by Recommerce if the procedures have been sent to the customer but not followed.
Article 11 - Claims concerning deliveries
Under penalty of foreclosure and inadmissibility of the claim, any complaint concerning the delivery of a product must be specifically addressed to “Customer Service” by email or on the https://garantie.recommerce.com platform, no later than fourteen (14) days following the delivery date confirmed by the carrier.
If the dispute concerns a parcel blocked in transit, the customer has 50 calendar days from the date of dispatch.
Article 12 - Liability of the Company
Customers are reminded that the Products marketed by the Company via the Internet Site comply with current French legislation and the standards applicable in France.
The Customer must remove the SIM card from the Product before returning it. Failing this, the SIM card will not be recoverable and will be destroyed by the Company or its subcontractors for security reasons. In the event of use of the SIM card during transport, the customer expressly acknowledges and accepts that the Company cannot be held liable under any circumstances.
Article 13 - Personal data
Pursuant to Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and the Act of January 6, 1978 (as amended by Act No. 2018-493 of June 20, 2018 on the protection of personal data), the Customer is hereby notified that the personal data, of the Customer, is requested by the Company for the purposes of contractual and legal obligations, detailed in the following paragraph.
Purpose of the personal data collected
The personal data collected is required for the following purposes:
- Creation of a customer account;
- Order registration;
- Order processing in our workshops;
- Shipment of the order;
- Issue of customer invoice;
- Cancellation request;
- After-sales service request;
- Police registration.
The processing of information communicated to the Company by the Customer has been declared to the CNIL under number 1688416.
Data controller and recipients
Personal data is collected and used by RECOMMERCE SOLUTIONS, Tel: +33 (0) 1 57 21 71 52, Sise au 54 avenue Lénine 94250 Gentilly.
The data collected is subject to computerized processing and is intended for RECOMMERCE SOLUTIONS. It may also be transmitted to partner companies or subcontractors appointed by RECOMMERCE SOLUTIONS to process the order. Partner companies or subcontractors likely to process the personal data of RECOMMERCE SOLUTIONS customers are subject to contractual confidentiality and data protection clauses.
The data controller is Pierre Etienne ROINAT.
An in-house data protection officer has been appointed.
Retention period of personal data
Personal data is stored and retained for as long as the customer maintains an account on the Site.
Beyond that, data will be kept for as long as they are useful to RECOMMERCE SOLUTIONS and this period will not exceed ten (10) years, this period being necessary to keep a Police Register and meet legal and regulatory obligations related to security and the fight against fraud.
Credit card details are not held by RECOMMERCE SOLUTIONS. Only the bank service provider holds credit card details. In accordance with article L.133-24 of the French Monetary and Financial Code, in the event of a disputed transaction, these details are kept by the bank service provider in an intermediate archive for a period of 5 years.
Right of opposition, access, deletion, data portability and rectification of Personal Data
In accordance with Articles 16, 17, 18, 20 and 21 of Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 and Article 34 of the “Informatique et Libertés” law, RECOMMERCE SOLUTIONS guarantees the Customer a right of opposition, access, deletion, data portability and rectification of Personal Data concerning him.
In cases where the Customer exercises his/her right to oppose, access, delete, port or rectify his/her personal data, information concerning his/her identity will be requested as part of the signed request, accompanied by a photocopy of a signed identity document. The Customer must also specify the address to which the reply should be sent. This personal data will be kept for a period of one (1) year in order to preserve possible means of proof for the offences referred to in Article 9 of the French Code of Criminal Procedure.
Customers may exercise their rights by sending a signed written request accompanied by a photocopy of an identity document bearing their signature and an address to which the reply should be sent:
-by writing to Recommerce Solutions - Service Protection des données personnelles - 54 Avenue Lénine - 94250 Gentilly - France
-by contacting us directly at donneespersonnelles@recommerce.com
In accordance with Article 12 (4) of Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, the Customer will be informed within one (1) month of receipt of the request, of the measures taken. If necessary, and after notifying the Customer, this period may be extended by two months, taking into account the complexity and number of requests.
If the request is not acted upon, the Customer concerned will be informed immediately, and at the latest within one month of receipt of the request, of the reasons for inaction.
The customer is informed that it is always possible to lodge a complaint with a supervisory authority and to take legal action.
Personal data and Cookies policy
For further information on the use of cookies, customers are invited to consult the Legal Notice.
Article 14 - Company contact details
13-1 Identification of the Company
RECOMMERCE SOLUTIONS:
- is a public limited company with a Management Board and a Supervisory Board,
- with capital of 248,415.40 Euros,
- whose head office is located at 54, Avenue Lénine 94250 Gentilly,
- is registered with the Créteil Trade and Companies Registry.
- under number: 513 969 402,
- its VAT number is FR01513969402
- Naf code: 4791B,
13-2 Company contact details
The Company can be contacted by e-mail at the following address: sav@recommerce.com
Article 15 - Applicable law, mediation and jurisdiction
These terms and conditions of sale shall be governed by French law.
In the event of a dispute, the customer should contact RECOMMERCE SOLUTIONS for an amicable solution.
In accordance with the provisions of the French Consumer Code concerning the amicable settlement of disputes, RECOMMERCE SOLUTIONS adheres to the Service du Médiateur du e-commerce of the FEVAD (Fédération du e-commerce et de la vente à distance) whose contact details are as follows: 60 rue de la Boétie - 75008 - Paris / France. https://www.mediateurfevad.fr
After prior written application by the consumer to RECOMMERCE SOLUTIONS, the Mediation Service may be contacted for any consumer dispute which has not been settled.
To find out how to contact the mediator, clic here
RECOMMERCE SOLUTIONS undertakes to apply the FEVAD Code of Ethics for e-commerce and distance selling.
The Customer may consult these provisions at any time on the website http://www.fevad.com
Failing this, any dispute arising from the formation, interpretation or performance of the present Contract will fall within the exclusive jurisdiction of the competent French courts.
Terms and conditions updated June 02, 2020
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