General terms and conditions of sale of the website https://gomo.certideal.com (updated on September 13th, 2023)

VC Technology is a simplified joint-stock company with registered offices at 102-116 rue Victor Hugo, 92300 Levallois, in France, RCS 813979036.

In this guide we will show you how to use this method and point out the subtle difference with the DFU method, a difference which seems to be the source of much confusion.

VC Technology is a company specialized in the distance selling, through its website wwww.certideal.com and its regional extensions of second-hand electronic objects. VC Technology offers a number of services that allow Internet users to buy reconditioned products, new or used, such as smartphones, consoles, tablets, televisions, of various brands such as Apple and Samsung. These services are available directly on VC Technology's websites and, if necessary, on the website of one or more of its partners.

ARTICLE 1 – SCOPE OF APPLICATION

These general terms and conditions of sale (hereinafter referred to as the "GTCS") apply, without restriction or reservation, to all products offered for sale on the site.

Consequently, the fact that an individual or legal entity (hereinafter referred to as the "Customer") places an order on the site implies full acceptance of the GCS.

The GCS remains in force until a new version is put online. Therefore, before validating any order, the Customer must consult and validate the GCS.

VC Technology reserves the right to adapt or modify the GCS at any time. In the event of modification, the GCS in force at the time the order is registered shall apply to each order.

ARTICLE 2 – REGISTRATION ON THE WEBSITE

2.1. Creating an account

To access the Site's functionalities, the user must create an account using his/her e-mail address and a password.

Confirmation of account activation will be sent to the user via the e-mail address provided. The account activation confirmation e-mail will summarize the user's e-mail address (username) and password so that the user can subsequently log in to the site.

Opening an account is free and without obligation to buy or sell on the site.

The user must be over 18 years of age and have full legal capacity to conclude a sale.

The registered user is the only one authorized to use his/her account using an e-mail address and password created when registering on the Site. This information, for which the user remains responsible, is required for each connection and cannot be communicated by the user to third parties or used by them.

The user undertakes not to create or use any additional accounts, other than the account initially created by him, whether under his own identity or that of a third party.

The user undertakes not to fill in the registration form with false, fictitious and/or erroneous data or information.

The user also undertakes to inform Certideal by writing to the address gomo@certideal.com of any fraudulent use by a third party of his login and/or password, as soon as he becomes aware of it. The user undertakes, in this respect, to compensate Certideal for any damage suffered or costs incurred as a result of the use of the user's account information by any other person accessing the Site, if the user has authorized such use or has knowledge thereof.

2.2. Creating a customer profile

Once on the site and logged in to his/her account, each user can create a Profile record. To create a profile record, the user must click on the "My Account" link at the top right of the screen and then on the "My Information" tab.

Finally, the user can communicate, optionally when creating the Profile tab, but obligatorily in case of putting products on sale, the following bank details: name and surname associated with the bank account, bank code, counter code, account number, RIB code (bank statement).

ARTICLE 3 –  PURCHASE OF PRODUCTS

3.1 Placing of the order by the buyer

The buyer who wishes to purchase a product clicks on the "Add to Cart" tab of the selected Product's file. In this way, the buyer may add several products to his shopping cart.

The information relating to the products can be found on the product sheet.

In addition, it’s important to note that the products are only delivered in Ireland for orders placed on the gomo.certideal.com website.

The prices of all products offered for sale on the site are inclusive of all taxes (except for transport and customs taxes in force in certain countries, which may be invoiced additionally) and are listed on the product sheet of a referenced product.

Any order validated by the customer constitutes an irrevocable acceptance of the sales contract which may only be contested within the limits provided for in the GCS.

VC Technology will acknowledge receipt of the order to the customer by sending an order confirmation email summarizing the contents of the order and the delivery date.

VC Technology reserves the right to cancel any order from a customer with whom there is a pre-order dispute.

The information provided by the Customer during the ordering process is binding for the latter: in case of error in such information, and in particular in the e-mail address and contact details of the recipient, which are false, incomplete or incorrectly written, VC Technology cannot be held responsible for the impossibility to deliver the product. Any delivery made to the address indicated by the customer will be considered perfect.

In case of reshipment due to lack of information and/or customer error, the costs incurred by this reshipment may be borne by the customer.

In case of unavailability of a product from VC Technology or an external supplier, the customer will be informed by email and the order for that specific product will be automatically canceled. The remainder of the order remains firm and final. If payment for this product has already been debited from the customer's account, it will be refunded. Otherwise, the price of the unavailable product will not be charged.

3.2 Rates

These rates break down as follows:

• Product prices: these prices may be modified at any time by VC Technology. However, in case of modification, the selling price applied will be the one in force at the time of order registration. The prices indicated on the Site do not include shipping costs, unless otherwise indicated.
• Vouchers: vouchers, discounts, promotional codes and sponsorships are not cumulative.
• Shipping costs: shipping costs vary depending on the products and the shipping method chosen by the customer among those proposed by VC Technology. These costs are indicated when the customer selects the delivery methods and can be consulted at any time in the "Delivery" section of the site.

The amount (price of the products and shipping costs) indicated in the order confirmation by VC Technology is the total price to be paid by the Customer.

3.3 Delivery and shipping costs

The buyer must provide certain essential information for the completion of the transaction:

- his name and surname and, if applicable, the name and surname of the person to be delivered if they are different;

- his delivery address, which must be complete and detailed to allow and facilitate the delivery of orders;

- the billing address;

- a phone number for contacting him/her if necessary.

The delivery of the order to the buyer will be made by DPD, UPS or any other carrier approved by Certideal.

Shipping and handling charges correspond to a buyer's share of the costs (incurred by Certideal), as set forth below, for the shipment of the product to the buyer. They are determined on a flat-rate basis in relation to the value of the products ordered and are set out below for the various countries to which orders may be delivered, except in the case of atypical products or orders, which will be subject to different delivery charges, of which the buyer will be duly informed at the time of placing the order.

3.4 Non-availability of a product/ refusal of an order

In case of unavailability of a product ordered by the buyer, for whatever reason, after confirmation of the order, Certideal will contact the buyer in due time to propose the cancellation of the order and its reimbursement (if payment has already been received), which will take place within thirty (30) calendar days following the cancellation of the order. In order to guarantee the highest quality service, Certideal reserves the right to replace the item with another of equal or superior quality.

3.5 Payment of the order

The payment of the price and shipping costs by the buyer is made through any of Certideal's secure payment systems, by bank card, Visa card, Maestro card, Mastercard, in several installments via Cetelem.

Certideal gives the purchaser the possibility of registering his Visa and Mastercard details for payments in GBP and USD and his American Express details for payments in EUR, GBP and USD, so that he can quickly place his order within 24 working hours plus a delivery time.

Our team will ship the ordered item, an additional delay will be linked to the carrier.

Certideal will notify the receipt and collection of the amounts paid by the buyer to the buyer, as well as to the seller, by email.

The 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 partner and/or the "Risks" service of Certideal may carry out a verification with the buyer, by telephone, e-mail or mail, in order to validate the order before the dispatch of the product and to request, if necessary, the complementary supporting documents.

As part of the verification process, an order may be refused to the buyer if the information provided by the buyer is deliberately erroneous and/or fraudulent. In this case, the buyer will be informed by e-mail of the measures taken by Certideal, which will automatically proceed to reimburse the order.

3.6 Delivery

The Products ordered shall be delivered by the carrier chosen by the customer, subject to availability, and unless otherwise indicated to the customer at the time of placing the order, within a maximum of 6 working days. The delivery time is shown on the product sheet of each product.

In the case of orders composed of several products, an order may be delivered to the customer in one or more shipments.

If the Customer specifically wishes to have several delivery locations, he/she must place several orders, and will be invoiced for the delivery costs of each order.

For deliveries in Ireland, the carrier undertakes to deliver the order to the address indicated by the customer or to a relay point within a period of between forty-eight (48) to seventy-two (72) working hours by DPD or UPS (Monday to Friday). In the event of a delay in delivery beyond the period agreed at the conclusion of the contract, the customer must contact VC Technology Customer Service from his customer account, or by e-mail, or by letter, to request that delivery be made within a reasonable additional period of time.

If after this additional period of time the delivery is still not made, the customer may request the cancellation of his order to VC Technology Customer Service (for VC Technology products) or the Third Party Seller (for Third Party Seller products), from his customer account, or by email, or by letter. The order will be considered canceled upon receipt of this request. In this case, the customer will be refunded the full amount paid within 14 days.

VC Technology is responsible for the delivery and delivery time of VC Technology products only.

3.7 Receiving and checking of an order

The purchaser must check (or have the agent receiving the products on his behalf and for his account) the apparent condition of the products at the time of receipt, before signing the voucher given to him by the carrier. In case of delivery at a collection point, this verification must be made at the relay point.

In case of apparent anomaly (damage, missing products, damaged packaging, broken products, etc.), the purchaser or the authorized representative must make precise reservations on the delivery note: indication of the number of missing and/or damaged packaging and/or products and a detailed description of the possible damage (open or torn packaging, damaged or missing product, etc.). It is essential that the buyer keeps products in the condition in which they were delivered (i.e. with all accessories, other parts received with these products in their original condition and the sealed product card).

Vague expressions, such as "subject to unpacking" or "subject to verification", have no value. In the absence of precise reservations, the purchaser acknowledges having received a delivery in conformity with his order and in good condition.

In accordance with article L.133-3 of the French Commercial Code, any claim for transport damage and/or missing products must be confirmed by registered letter with acknowledgement of receipt addressed to the carrier within three days, excluding holidays, following receipt. This period is extended to 10 days in the event that the order is received by a non-professional buyer (or his agent) and the carrier does not justify having given him the opportunity to check its good condition, in accordance with article L. 121-105 of the Consumer Code.

The purchaser must keep a copy of the delivery note. A copy of the complaint must be sent by the same means to Certideal at the following address: VC Technology, 110 rue Victor Hugo, 92300 Levallois-Perret, in France.

If applicable, the return of the damaged product(s) to Certideal must be made in accordance with the terms and conditions for the return of products set out in article 3.8.2 below.

In the event of non-compliance by the purchaser with the formalities described above, the consequences of transport damage shall be borne exclusively by the purchaser, with no possibility of obtaining any compensation from Certideal.

3.8 Cancellation / complaints / claims / returns / refunds

None of the terms of this article affect the purchaser's rights under the law, including the legal guarantee of performance (Articles L. 211-4 et seq. of the Consumer Code) and that relating to hidden defects (Articles 1641 to 1648 and 2232 of the Civil Code) to which Certideal is bound when it sells its products directly on its site.

3.8.1 Right of withdrawal

In accordance with article L.221-18 of the Consumer Code, the Customer has a minimum period of fourteen days from the date of receipt of the order to exercise its right of withdrawal, without having to give reasons for its decision or incur any costs other than those provided for in articles L. 221-23 to L. 221-25. The buyer must return the product within a maximum of 14 days after sending his withdrawal.

The exercise of the right of withdrawal can be made by e-mail, by registered letter or from the customer area. To ensure that the customer's request is processed correctly, it is advisable to go to the "After-sales Service" section available in the customer area and attach the "returns" form provided by the After-sales Service to the order.

The refund will be made within 14 days.

3.8.2 Product Return Procedures

All returns must be made to the following address: VC Technology, 110 rue Victor Hugo, Levallois-Perret - France. Certideal recommends the buyer to obtain a proof of shipment for any package sent to Certideal and to send the package by registered mail with return receipt or by mail with declaration of value, as the case may be. Certideal disclaims all liability in the event of loss or damage to a Product during shipment.

In addition, products returned due to a delay in delivery under the item must be returned by registered mail with return receipt requested.

Certideal draws buyer's attention to the fact that it must take particular care with the Products. Indeed, all products to be returned will be checked and, in any case, must be returned complete (i.e. with all their accessories, the other parts received with these products in their original condition). This check will be carried out and Certideal will tolerate traces of wear and tear corresponding to the normal use of a device. On the other hand, no marks of shock or breakage will benefit from this tolerance.

If the Buyer has not taken proper care of the Product, either at the time of possession or at the time of return, Certideal therefore reserves the right not to accept the return of the product or to reimburse the Buyer by deducting any amount due in compensation for the damage caused to the product (if the damage occurred after delivery to the Buyer). In addition, buyer shall be liable for any depreciation of the product resulting from handling other than what is necessary to establish the nature, characteristics and proper functioning of such goods, deliberate deterioration, incident, negligence on the part of buyer or a third party, use not in accordance with the purpose of the product, failure to comply with the manufacturer's or Certideal's instructions, or modification or repair made without Certideal's prior consent.

Any product returned in a condition for which the cost of repair or cleaning would be too high in relation to the product price will not be refunded and will be held at buyer's risk for a period of six (6) months after receipt of the product by Certideal (unless the Product was received in such condition by buyer).

The buyer who wishes to recover the product must request it by e-mail and pay by credit card the amount of 12 euros (including taxes) corresponding to the reasonable storage and handling costs incurred by Certideal (costs related to the return of the product to the buyer) and Certideal will proceed to return the non-refundable product to the buyer, as soon as such amount has been received and charged.

In the event that Certideal doesn’t receive any claim from Buyer to recover its product(s), within six (6) months of receipt of the product(s) by Certideal, Certideal shall become the owner of the unclaimed non-refundable or returned products (as the case may be). These products will, if applicable, be destroyed or given to a charitable organization if their condition permits.

If the buyer cancels an order within the withdrawal period referred to in Article 3.8.3, "Right of Withdrawal", which has been paid for in whole or in part with Purchase Vouchers, the purchase vouchers used for this order will be credited back to the buyer's account or to its e-wallet if it has one.

All items must be returned with their accessories and instructions and, whenever possible, in their original packaging. Customers must return the product without any access codes, including iCloud accounts on Apple and Google accounts on Android smartphones. Any product returned with access codes on the phone will be returned to the customer at the customer's expense. If a technical problem prevents the customer from withdrawing his codes (product that stops turning on), and that the after-sales service has made a change, the customer must collaborate and withdraw his access codes with the Certideal after-sales team after the product change. If the customer refuses to remove his access codes, the product will be invoiced, returned to the customer and the amount will be directly deducted.

It may happen that VC Technology sends to the customer, during the delivery of the order, a product of aesthetic quality or higher memory capacity free of charge. In case of return of the product and if the product has to be exchanged, VC Technology will provide the product according to the purchase order paid by the customer and confirmed by email. VC Technology cannot be obliged to maintain the delivery of a product superior to the one ordered if this product was initially delivered without the customer paying an additional price.

Certideal warrants that the Products it offers directly for sale on the site comply with all applicable laws, regulations and standards. In particular, Certideal is liable under the legal guarantee of conformity (articles L. 211-4 et seq. of the Consumer Code) and that relating to hidden defects (articles 1641 to 1648 and 2232 of the Civil Code).

In addition, within the framework of direct sales concluded by it on the Site, Certideal is a professional seller and undertakes as such to comply with its obligations under these General Terms and Conditions, and in particular Article.

 3.9 Referral program

The referral program is limited to 10 uses per year (200 euros discount). Personal codes cannot be publicly posted on professional promotional code sites and must be reserved for use within a private and closed circle. In case of non-compliance with this rule, Certideal reserves the right to remove the credit from a fraudulent account.

ARTICLE 4 – TRADE-IN OFFER

During the purchase process on the website, the buyer may be offered to sell his old device: this is the trade-in offer.

How does the trade-in offer work?

If a trade-in offer is possible, it is proposed to the buyer when he/she browses the site. The buyer declares, by means of a form, the model, the capacity, the condition of the screen, the condition of the casing and the working condition of his device. An exchange offer, valid for a period of 14 days, conditional on a purchase on the site and estimated by us according to the declarations, is proposed to the Buyer, who is free to accept it or not.

If the buyer accepts the trade-in offer, he will receive a prepaid delivery note after his purchase on the site to send his old device to Certideal. Upon receipt, Certideal contacts the buyer and checks the authenticity of the declaration made by the buyer on the condition of his old device on the site. If the declaration is in conformity with the condition of the device and if the exchange offer has not expired, Certideal undertakes to make a payment equal to the exchange offer to the buyer by bank transfer for the purchase of his old device.

Otherwise, Certideal proposes to the buyer a new exchange offer which the buyer is free to accept or not. If the buyer refuses the Exchange Offer or if he has changed his mind and wishes to take back his old device, the return costs will be borne by the buyer.

ARTICLE 5 – RESPONSIBILITY AND WARRANTY

5.1 Legal warranties

VC Technology is bound by the legal guarantee of conformity mentioned in articles L. 217-4 and following of the Consumer Code and by the guarantee relating to defects of the thing sold, under the conditions provided for in articles 1641 and following of the Civil Code. (referred to in the box below).

5.1.1 Reminder of the provisions governing the legal guarantee 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, VC Technology undertakes to:

· either to replace the product with an identical product, depending on available stocks, or to repair the product

· repair the product

· to exchange the product for another product of equivalent quality and price, depending on available stock,

· or to reimburse the price of the product within 14 days of the Customer's request if replacement with an identical or equivalent product proves impossible.

Article L217-4 of the Consumer Code

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

He will also be liable for any lack of conformity resulting from the packaging, assembly instructions or installation when the latter has been carried out under his responsibility under the contract or has been carried out under his responsibility.

Article L217-5 of the Consumer Code

The product is in conformity with the contract:

1° If it is fit for the use normally expected of a similar good and, where appropriate:

- if it corresponds to the description given by the seller and has the qualities which the seller presented to the buyer in the form of a sample or model;

- whether it possesses the qualities that a buyer may legitimately expect in view of the public statements made by the seller, the producer or his representative, in particular in advertising or labeling;

2° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use required by the buyer, made known to the seller and accepted by the latter.

Article L217-7 of the Consumer Code

Defects of conformity appearing in the twenty-four months following delivery of the goods shall be presumed to exist at the time of delivery, unless proven otherwise. As a reminder, this period is fixed at six months for goods sold second-hand.
The seller may rebut this presumption if it is not compatible with the nature of the goods or with the alleged lack of conformity.

Article L217-8 of the Consumer Code

5.2 Commercial warranty

VC Technology offers the consumer, after having purchased any product of the type smartphones and tablets, Apple and Android, on the platform www.gomo.certideal.com which extends for the duration of the offer in force (see validity dates below) a warranty in accordance with the legislation in force. The legal warranty is for 2 years.

ARTICLE 6 – PROTECTION OF PERSONAL DATA

VC Technology is concerned about the protection of personal data. It is committed to ensuring the best level of protection of your personal data in accordance with the European and French regulations applicable to it in the field of personal data protection. For any information on the protection of personal data, you can also consult the website of the Commission for Data Protection and Liberties :www.cnil.fr/en.

Details of the data protection policy are available atthis link.

ARTICLE 7 – LITIGATION AND APPLICABLE LEGISLATION - CLAIMS PROCEDURE - MEDIATION

Any complaint can be made through the contact forms available in the customer area, and will be answered to the Customer as soon as possible.

In case of difficulties, the Customer has the possibility, prior to any mediation or legal action, to seek an amicable solution, in particular with the help of a professional association in the sector, a consumer association or through the European online dispute resolution service or any other lawyer of his choice. (https://commission.europa.eu/select-language?destination=/node/1).

Any dispute that cannot be settled amicably shall be settled by the courts of the place where the harmful event occurred or where the Customer resided at the time of the conclusion of the contract.

ARTICLE 8 – LEGAL NOTICES

The present General Conditions are governed by French law. Any dispute relating to them shall be submitted to the competent French courts. The service is provided by the simplified joint-stock company VC Technology, SIREN 813 979 036, with registered office at 102-116 rue Victor Hugo 92300 Levallois-Perret, France, the company is chaired by Yoann Valensi, the website is hosted by Amazon, AWS service.

MEDIATION

In accordance with article L. 612-1 of the Consumer Code, within one year from the day of his written complaint, the consumer, without prejudice to the provisions of article L.152-2 of the Consumer Code, has the right to introduce a request for an amicable settlement by mediation with:

SAS Médiation Solution

222 chemin de la bergerie 01800 Saint Jean de Niost

website: https://www.sasmediationsolution-conso.fr

e-mail: contact@sasmediationsolution-conso.fr