Conditions of sale - Used cars

CONDITIONS OF SALE FOR THE SELLER

General Terms and Conditions:

The company Smart Generation srl, registered in the Messina Companies Register (VAT number 03354060836), is the owner of the site www.refurbis.com.

1. The contract entered into between Smart Generation srl, hereinafter referred to as the Purchaser, and the Seller shall be deemed concluded upon acceptance of the Device by the same. Such acceptance shall be expressly communicated to the Seller by any means.

2. The seller declares that he has read all the information provided to him during the sales procedure, and that he fully accepts the general terms and conditions of payment of the agreed consideration.

3. The Seller expressly indemnifies Smart Generation srl from any claim for damages or compensation, as well as any contractual or extra-contractual liability for direct or indirect damages to persons and/or property, caused by the non-acceptance of the sale.

Methods of sale

4. The Seller may only transfer to Smart Generation srl goods that are its exclusive property. Any untruthfulness or concealment of other information in this regard shall be the sole responsibility of the Seller.

5. The seller offers his device for sale by means of an enquiry, namely by filling in a specific form on the site www.refurbis.com, after which he will send the product by sending the signed sales proposal.

6. The correct submission of the sale offer shall be confirmed by Smart Generation srl by means of an email reply sent to the email address communicated by the Seller. Such confirmation message shall contain the Date and Time of execution of the sale offer and a specific Request Code (ticket ID), to be used in any further communication with Smart Generation srl

7. The message reproduces all the data entered by the Vendor, who undertakes to verify their correctness and to promptly notify any corrections, in the manner described in this document.

Regulation of sales

8. The Seller, aware of the criminal and civil liability for false and misleading declarations, undertakes to fill in a specific information sheet containing the data of the device he intends to sell and its description. Following such compilation the company Smart Generation srl shall make an initial purchase offer concerning the state of the device described by the Seller, while waiting for the same to be assessed more accurately at its premises

9. The Seller expressly declares that he accepts the valuation of the device proposed for sale and consequently the Seller undertakes to send to Smart Generation srl the device he owns which is the object of the sale, so that the latter can verify the valuation and make a possible purchase, on the basis of the request made by e mail.

10. The Seller hereby authorises Smart Generation srl to retain the goods if they comply with the description made, and should it consider purchasing them.

11. The Seller may decide autonomously whether to choose the option of sale with economic payment via PayPal or Bank Transfer, or whether to choose the trade-in with a device that can be purchased on the website www.refurbis.com. The trade-in will be managed through a voucher spendable on the platform equal to the amount agreed with Smart Generation Srl. The trade-in value is usually 10% higher than the sale value proposed by the company Smart Generation Srl.

How to send products

12. The Seller undertakes to send the device being sold restored, removed from the iCloud contact ("find my iPhone") and in such a way as to avoid damage, breakage, injury during transport. Any such damage shall remain the full responsibility of the seller and no exception may be made against Smart Generation srl. By virtue of this, it is advisable to send the device not only in its original packaging, but also in a second box, on which to affix the precise data of the sender. The affixing of labels or adhesive tapes directly on the original product packaging should be avoided in all cases.

13. The Seller expressly indemnifies Smart Generation srl from any liability for damage caused by tampering, carelessness, fraud, during shipment of the device from the Seller to Smart Generation srl and vice versa.

Exceptions to the device offered for sale

14. The Seller expressly accepts that the device he proposes for sale is subject to functional tests. Following the results of such tests, the company Smart Generation srl reserves the right to notify the seller, within 48 hours from the end of such tests, of its disagreement with the purchase, any variation of the initial assessment or confirmation of purchase of the same.

15. The seller acknowledges and expressly accepts that the offer to sell his device may not be successful due to the device not conforming to the description made. In this case, the costs of both shipping and returning the product and any further charges shall be borne exclusively by the seller.

16.The dissent of the company Smart Generation srl to the purchase or the change of valuation shall be communicated to the seller by e-mail.

17. The Seller may accept the variation and confirm the sale, in which case Smart Generation srl shall refund the sum due as better indicated in article 19.

18. Should the device, on the other hand, be damaged or not conform to the characteristics indicated, the seller shall make it possible to return it within 5 working days from receipt of the notice of non-compliance of the device. If the return of the used device is not possible, for reasons attributable to the seller, such as to prolong the procedure beyond 5 working days, the customer shall pay the sum of €3.00 per day to cover the delays and storage costs incurred. In this case, the days shall be calculated from the day after the first shipment.

Payment Methods

Right of withdrawal

19. Having signed the private deed of sale, Smart Generation srl undertakes to make payment for the device, should it consider purchasing it, by means of a bank transfer to the IBAN communicated by the Seller.

20. The Seller may withdraw from this contract before sending the device to Smart Generation srl. Such notice may be sent by e mail to admin@refurbis.com. Once the aforesaid notice of withdrawal has been received, Smart Generation srl shall, within 24 hours, communicate to the Seller all the information necessary to close the sales procedure.

21.The parties undertake to fulfil their obligations exactly as set forth in this sales agreement and those arising from each individual sales order and, therefore, to perform them in good faith with the diligence required by the nature of the obligations, the performance of which they have undertaken, observing the criteria of fairness.

Applicable law

22. The sales contract between the Seller and Smart Generation srl is concluded in Italy and governed by Italian Law. For the resolution of civil and criminal disputes arising from the conclusion of this distance sales contract, if the Customer is a consumer, the territorial jurisdiction is that of the court of reference of his town of residence; in all other cases, the territorial jurisdiction is exclusively that of the Court of Messina.

Privacy

Pursuant to Article 13 of Legislative Decree No. 196/2003, therefore, the following information is provided:

23. All data communicated by the parties concerned are processed exclusively for fulfilments connected with the services provided in accordance with the activity performed, in particular: for inclusion in the company's computer databases; for the processing of internal statistics; for the keeping of ordinary and VAT accounts; for the management of receipts and payments; to meet the obligations provided for by law, regulations, EU legislation, and civil and tax laws.

24.The processing shall be carried out using manual and automated systems designed to store, manage and transmit the data, with logic strictly related to the purposes thereof, on the basis of the data in our possession and with the undertaking on the part of the customer to promptly communicate any corrections, additions and/or updates.

25. Within the scope of the processing operations described, it is necessary to know and store information relating to personal data, tax code, VAT number, accounting data. Any non-communication, or in any case erroneous communication, of any of the information indicated has the following consequences: the impossibility for the data controller to guarantee the congruity of the processing itself with the contractual agreements for which it is carried out; the possible mismatch of the results of the processing itself with the obligations imposed by the fiscal, administrative or labour regulations to which it is addressed.

26. The customer may at any time exercise his rights vis-à-vis the data controller, pursuant to Article 7 of Legislative Decree 196/2003.

27.The company Smart Generation srl and the Seller expressly agree to receive through the non-certified or certified e-mail service those communications for which a different specific form is not required by this contract.

28.The seller expressly agrees to receive advertising material at his address, mobile phone number, fax number, email.

Seller's failure to notify

29. If the seller no longer responds to the communications aimed at finalising the case, after 90 days from the receipt of the goods at Smart Generation Srl, the goods shall automatically pass into the ownership of the company promising to purchase and no further payment of the previously agreed amount shall be due to the seller.

Seller's non-acceptance

30. If the seller does not accept, due to negligence in filling in the data or failure to report malfunctions, a change in the amount of the evaluation provided, the reshipment of the goods shall be at the seller's expense. The return shipping costs are €15.00 including VAT for each leg (return trip) in the case of the valuation of smartphones, tablets, smartwatches, laptops, consoles, accessories; or €30.00 including VAT for each leg (return trip) in the case of the valuation of desktop or all-in-one computers, displays.