Terms and Conditions
Comprehensive guidelines regarding your interaction with our website, covering terms of use, responsibilities, ownership, limitations, and conflict resolution.
SECTION 1: INTRODUCTION
ARTICLE 2: CONDITIONS REQUIRED TO MAKE A TRANSFER
ARTICLE 3: THE BUYBACK PROGRAM BY SMARTGRADE
ARTICLE 4: PRICE REFUND OFFER
ARTICLE 5: TRANSFER OF OWNERSHIP
ARTICLE 6: TRANSPORT COSTS TO SMART GRADE
ARTICLE 7. FORCE MAJEURE
ARTICLE 8: TERRITORY
ARTICLE 9: APPLICABLE LAW
SECTION 1: INTRODUCTION
These General Conditions of Repurchase (hereinafter referred to as “GCR”) outline the terms and conditions under which SMARTGRADE repurchases products from the Seller through the SmartGrade Repurchase Program. Access to this program is subject to compliance with these General Conditions of Repurchase.
Anyone wishing to sell their products through this program must have read these GCR in advance and agrees to abide by them without reservation.
SMART GRADE may modify these General Conditions of Repurchase at any time. Each change to these conditions will be subject to notification and a new request for validation from the Seller.
Anyone wishing to sell their products through this program must have read these GCR in advance and agrees to respect them without reservation.
Smartgrade™ reserves the right to modify these General Conditions of Repurchase at any time. Each modification will be subject to notification and a new request for validation from the Seller.
ARTICLE 2: REQUIREMENTS FOR MAKING A TRANSFER
The Seller declares that they have full legal capacity to commit to these GCR. SMART GRADE may update these GCR. In the event of any modification, SMART GRADE will send an informative email to the Seller with the new general conditions of repurchase attached. The Seller agrees to accept these new conditions for any new transaction.
The Seller declares that they have full ownership of the products being transferred to SMART GRADE.
ARTICLE 3: THE SMARTGRADE REPURCHASE PROGRAM
Step 1: Preparing the Products for Shipping
The Seller is responsible for the proper protection and packaging of their products. SMART GRADE will not be liable for any damage caused during transport if such damage results from inadequate protection, improper sealing, or poor packaging prepared by the Seller.
Packages must not exceed a weight of 20kg each. In such cases, SMART GRADE may request the Seller to repack their shipment or refuse to handle the transportation.
The Seller must ensure that ALL batteries are removed from their packaging.
SMART GRADE firmly refuses to accept packages containing batteries.
Voluntary or involuntary non-compliance with this rule may result in the total loss of the shipment, destruction of the lot, which will be handed over to a company authorized by public authorities for waste management, and/or severe penalties if the batteries cause an incident during transport.
The Seller is responsible for and will indemnify SMART GRADE for any penalties that authorities may impose related to the illegal presence of batteries in the package.
Step 2: Request for Assistance
To obtain support for your shipment, the Seller must email the following information to: sales@smartgrade.fr:
– The number of screens contained in the package (optional)
– The number of packages (required)
– The weight of the package(s) (required)
– Full contact information (last name, first name, phone number, complete address) for the package pickup by the selected carrier
Step 3: Product Support
After the Seller’s support request, SMART GRADE will send an email to the Seller containing:
– A case number
– The UPS shipping label(s) that the Seller must print and attach to each package
– A pickup appointment for the package(s) by the UPS carrier at the location previously chosen and indicated by the Seller when requesting support.
If the carrier fails to show up at the agreed appointment, the Seller can request a pickup directly via email.
If the Seller misses the pickup appointment, they can also request a new pickup via email.
In the event of a second missed appointment, the Seller will be charged a flat fee of 10 euros, which will be deducted from the final refund value of the shipment.
Step 4: Receipt of Products
SMART GRADE is committed to confirming the receipt of the package via email and conducting an initial count of the products within 48 hours of receipt. The results will then be communicated to the Seller. In this email, SMART GRADE will also inform the Seller of the timeframe for sending the final assessment.
Step 5: Product Testing - Detailed Test Report
SMART GRADE conducts tests on each product to create a clear and detailed test report.
This detailed and assessed report is then emailed to the Seller within the timeframe previously communicated to the Seller.
Step 6: Validation/Rejecting the Assessed Test Report
Upon receiving the detailed and assessed test report, the Seller has 48 business hours to accept or reject the evaluation.
This 48-hour timeframe is enforced to ensure the advertised price. If this period is exceeded, SMART GRADE may revise the prices or reject the lot.
If the Seller agrees with the proposed evaluation, they must notify SMART GRADE via email.
In the event of a dispute, SMART GRADE will provide video or photo evidence of the selected products to support its assessment in response to the Seller’s request.
If the evaluation is rejected, the Seller has the right to request the return of their shipment (total return only, no partial returns).
For a first test lot, SMART GRADE will cover all return shipping costs. For subsequent lots, SMART GRADE will request that the Seller cover the return transportation costs as well as a fixed fee of €0.50 per product, excluding VAT, to cover the handling of the products already performed (sorting, testing).
Step 7: Invoicing and Payment for the Product
Once SMART GRADE receives the Seller’s invoice and banking details, it commits to paying the invoice via bank transfer within a maximum of 48 business hours.
Payment can also be made via PayPal; if there are any fees associated with the payment, these will be transferred to the Seller.
Upon completion of the payment, the Seller will receive a confirmation email along with the payment receipt.
ARTICLE 4: PRICE REFUND OFFER
Every Wednesday, SMARTGRADE updates the price list for the repurchase of its products. This list is available online at https://smartgrade.com/screen-buyback-pricing/.
These rates are valid until the next update of the price table.
The prices displayed online are updated in real-time.
The rate applied to the Seller is the rate in effect on the day the package is picked up from the Seller by the SMART GRADE carrier.
ARTICLE 5: TRANSFER OF OWNERSHIP
Ownership of the product is transferred according to the rules of Article 1583 of the Civil Code, which states that ownership transfers from the moment the buyer and seller agree on the item and the price. Therefore, the transfer of ownership will only be effective after the Seller accepts the assessed test report within the specified timeframe.
ARTICLE 6: TRANSPORT EXPENSES TO SMART GRADE
Transport expenses for the products are covered by SMART GRADE for all shipments of lots exceeding 50 screens for metropolitan France, 100 screens for the European Zone outside France, and 150 screens for overseas territories.
ARTICLE 7. FORCE MAJEURE
SMART GRADE’s liability cannot be enforced if the non-performance or delay in the performance of its obligations results from a force majeure event that prevents the normal execution of the contract.
According to Article 1218 of the Civil Code, force majeure in contractual matters occurs when an event beyond the debtor’s control, which could not have been reasonably anticipated at the time of the contract’s formation and whose effects cannot be avoided through appropriate measures, prevents the debtor from fulfilling their obligation.
Specifically, cases of force majeure or fortuitous events include, in addition to those typically recognized by French case law: transportation or supply blockages, earthquakes, fires, storms, floods, lightning; disruptions in telecommunications networks or difficulties with telecommunications networks external to the Clients.
Upon identifying such an event, SMART GRADE must inform the other party of the impossibility of performance within 10 days.
As soon as the reason for the suspension of obligations ceases, SMART GRADE will notify the Client of the resumption of its obligations. If the suspension lasts less than one month, the Client cannot request a refund; the order will be processed and shipped as usual.
If the cause of suspension extends beyond one month or is permanent, the sales contract between the parties will be automatically terminated, and both parties will be released from their obligations under the conditions set forth in Articles 1351 and 1351-1 of the Civil Code.
ARTICLE 8: TERRITORY
The terms of redemption, delivery, and pricing are only valid in EUROPE.
Specific conditions may apply outside of EUROPE and/or outside metropolitan France.
ARTICLE 9: APPLICABLE LAW
For all disputes related to the formation, execution, and termination of the contract between SMART GRADE and the Seller that cannot be resolved amicably, only the Commercial Court of Nice, where SMART GRADE’s registered office is located, shall have jurisdiction. This applies regardless of the sales conditions, place of order or delivery, and accepted payment method (including in cases of warranty claims or multiple defendants).