SECTION 1: INTRODUCTION
These General Terms and Conditions of Repurchase (hereinafter CGR) detail the terms and conditions under which SMART GRADE repurchases products from the Seller via the Buyback by SmartGrade program. Access to this program is subject to compliance with these General Conditions of redemption.
Anyone wishing to sell their products via this program must first have read these CGR and undertakes to respect them without reservation.
SMART GRADE may freely change these general conditions of redemption at any time, each change in these conditions will be subject to prevention and a new request for validation from the Seller.
ARTICLE 2: CONDITIONS REQUIRED TO MAKE A TRANSFER
The Seller declares that it has full legal capacity allowing it to undertake under these CGR. SMART GRADE may update these CGRs. In case of modification, SMART GRADE will send an information email to the Seller with which the new general conditions of redemption will be attached. The Seller will undertake to accept these new conditions for any new transaction.
The Seller declares to have full ownership of the products it transfers to SMART GRADE.
ARTICLE 3: THE BUYBACK BY SMARTGRADE PROGRAM
Step 1: Preparing the products for shipment
The Seller is in charge and fully responsible for the protection and proper packaging of its products. SMART GRADE will in no way be held responsible for any damage caused during transport if this damage is caused by poor protection, poor wedging or poor closing of the box prepared by the Seller.
The packages must not exceed the weight of 20kg each, in which case SMART GRADE may ask the Seller to redo the packaging of its shipment or may refuse to take charge of the transport.
The Seller must ensure that ALL batteries are removed from their package.
SMART GRADE firmly refuses to accept packages containing batteries.
Voluntary or involuntary non-compliance with this rule may lead to the total non-recovery of the shipment, the destruction of the batch which will be handed over to a company approved by the public authorities in the management of waste and/or heavy penalties. if the batteries sent were to cause an incident during transport.
The Seller is responsible for and will indemnify SMART GRADE for any sanctions that may be taken by the authorities against it in relation to the illegal presence of batteries in the package.
Step 2: Support request
To obtain support for its shipment, the Seller must communicate by email to the following address: firstname.lastname@example.org information relating to:
– The number of screens contained in the package (optional)
– The number of packages (mandatory)
– The weight of the package(s) (mandatory)
– The complete contact (Name, first name, telephone, complete address) for the collection of the package by the selected carrier
Step 3: Product support
Following the Seller’s request for support, SMART GRADE will send an email to the Seller containing:
– A file number
– The UPS transport label(s) to be printed by the Seller and stuck on each package
– A pick-up appointment for the package(s) by the UPS carrier at the place chosen and indicated in advance by the Seller when requesting support.
In the event that the carrier does not show up at the agreed meeting, the Seller may make a collection request directly by email.
In the event that the Seller misses the pick-up appointment, he may also request a new pick-up by email.
In the event of a double failure, the Seller will be invoiced the lump sum of €10, which will be deducted from the final redemption value of the shipment.
Step 4: Receipt of products
SMART GRADE undertakes to confirm receipt of the package by email and to carry out an initial count of the products sent within 48 hours of receipt. He will then communicate the result to the Seller. During this email SMART GRADE informs the Seller of the deadline for sending its final valuation.
Step 5: Product testing – Valuable test report
SMART GRADE carries out the tests of each product to establish a clear and detailed test report.
This detailed and valued report is then sent by email to the Seller within the time limit according to the date previously communicated to the Seller.
Step 6: Validation/Refusal of the valued test report
From the receipt of the detailed and valued test report, the Seller has 48 working hours to accept or refuse this valuation.
This 48-hour period is imposed and necessary in order to be able to guarantee the advertised price. If this period is exceeded, the prices may be reviewed by SMART GRADE or the lot may be refused.
In the event of an agreement on the proposed valuation, the Seller must notify it by email.
In the event of a dispute, SMART GRADE undertakes to provide video media or photos of the selected products in order to support its expertise to satisfy the Seller’s request.
In the event of a refusal, the Seller is entitled to request the return of his shipment (total, there is no partial return).
If this is a first test batch, SMART GRADE will bear all the costs of returning the shipment, otherwise SMARTGRADE will ask the Seller to bear the return transport costs as well as a fixed cost per product of €0.50 excl. VAT to cover the processing of products already carried out (sorting, testing).
Step 7: Billing and paying for the product
Upon receipt of the Seller’s invoice and its bank information, SMART GRADE undertakes to pay the invoice by bank transfer within 48 working hours maximum.
Payment can also be made by Paypal, if fees are applied to the payment, these fees will then be transferred to the Seller.
Once the payment has been made, the Seller will receive a confirmation email as well as proof of this payment.
ARTICLE 4: PRICE REDEMPTION OFFER
Every Wednesday SMARTGRADE updates the price list for buying back its products. This grid is available directly online via https://smartgrade.fr/vendre-ecran-casse-smartphone/
These rates are valid until the next edition of the new rate schedule.
The prices displayed via are the prices updated in real time.
The rate applied to the Seller is the existing rate on the day of collection of the package from the Seller by the SMART GRADE carrier.
ARTICLE 5: TRANSFER OF OWNERSHIP
The ownership of the product is transferred according to the rules of article 1583 of the civil code specifying that there is transfer of ownership from the moment the buyer and the seller agree on the thing and on the price. Consequently, the transfer of ownership will only be effective after acceptance by the Seller of the test report valued within the time allowed.
ARTICLE 6: TRANSPORT COSTS to SMART GRADE
The cost of transporting the products is borne by SMART GRADE for all shipments of batches of more than 50 screens for mainland France, 100 screens for the EUROPEAN ZONE outside France and 150 screens for the overseas area.
ARTICLE 7: FORCE MAJEURE
The responsibility of the SMART GRADE Company cannot be implemented if the non-execution or the delay in the execution of one of its obligations results from a case of force majeure preventing the normal execution of the contract.
Article 1218 paragraph 1 of the Civil Code provides that there is force majeure in contractual matters when an event beyond the control of the debtor, which could not have been reasonably foreseen at the time of the conclusion of the contract and the effects of which cannot be avoided. by appropriate measures, prevents the execution of his obligation by the debtor.
Expressly, are considered as cases of force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of French courts and tribunals: the blocking of means of transport or supplies, earthquakes, fires, storms, floods , lightning; the shutdown of telecommunications networks or difficulties specific to telecommunications networks external to Customers.
The SMART GRADE Company, noting the event, must within 10 days inform the other party of the impossibility of performing the service.
As soon as the reason for suspending the obligations disappears, SMART GRADE will inform the Customer of the resumption of its obligation. If the suspension of obligations is less than one month, the Customer will not be able to request reimbursement of his order, the latter will normally be sent to him.
If this cause continues beyond one month or is final, the sales contract between the parties will be terminated automatically and the parties will be released from their obligations under the conditions provided for in Articles 1351 and 1351-1 of the Civil Code.
ARTICLE 8: TERRITORY
The conditions of redemption, delivery and price are valid only in EUROPE.
Specific conditions may be applied outside EUROPE and/or outside metropolitan France.
ARTICLE 9: APPLICABLE LAW
For all disputes relating to the formation, execution and termination of the contract between the SMART GRADE Company and the Seller that cannot give rise to an amicable settlement, only the Commercial Court of Nice will be competent within the jurisdiction of which the registered office of the SMART GRADE Company is located, regardless of the conditions of sale, the place of the order or delivery, and the method of payment accepted (even in the event of a warranty claim or multiple defendants).