1. Who we are and what these Terms cover

1.1 Recommerce Solutions SA (“Recommerce”, “we”, “us” or “our”) is the legal purchaser of your Trade-In Device. Recommerce is registered with the Créteil Trade and Companies Register under number 513 969 402 and has its registered office at 54 avenue Lénine, 94250 Gentilly, France.

1.2 The Joybuy website and the sale of the New Device are operated by Jingdong Retail (UK) Limited (company number 15830555), whose registered office is at Floor 3, 20 King Street, London, United Kingdom, SW1Y 6QY (“Joybuy”). Joybuy provides the customer-facing trade-in entry point and, where you select Instant Discount, operates the payment adjustment mechanics described in clause 10. Joybuy is not the purchaser of your Trade-In Device.

1.3 These Terms apply only to Trade-In Requests submitted through the United Kingdom Joybuy site by individuals acting wholly or mainly outside their trade, business, craft or profession.

1.4 By submitting a Trade-In Request, you agree to these Terms. The version that applies is the version shown to you when you submit the Trade-In Request. We will not apply later changes retrospectively to an existing Trade-In Request unless you expressly agree or the change is required by law and does not materially disadvantage you.

1.5 These Terms form the agreement between you and Recommerce for the sale of the Trade-In Device. Where these Terms expressly allocate obligations to Joybuy in relation to Instant Discount, payment adjustments or customer support, those provisions also apply between you and Joybuy. Your purchase of the New Device remains subject to Joybuy’s separate sales terms.

2. Definitions

“Appraisal” means the inspection and verification of a Trade-In Device carried out by Recommerce or a subcontractor acting under Recommerce’s responsibility.

“Business Day” means a day other than a Saturday, Sunday or public holiday in the place where the relevant payment or operational step is performed.

“Customer” means an individual aged 18 or over using the Trade-In Service for personal, non-commercial purposes.

“Estimated Trade-In Value” means the provisional value shown before Recommerce physically inspects the Trade-In Device, based on the information you provide and the valuation rules then in force.

“Final Trade-In Value” means the value determined by Recommerce following Appraisal and, where a lower value requires your acceptance under clause 8, the value accepted by you.

“Instant Discount” means a provisional reduction applied to the amount payable for a New Device based on the Estimated Trade-In Value, subject to later Appraisal and adjustment under these Terms.

“New Device” means the product purchased from Joybuy in connection with an Instant Discount transaction.

“Payment Method” means the payment card or other payment method used for the New Device order and authorised for the adjustments described in clause 10.

“Trade-In Device” means the used electronic device and any expressly required accessories that you offer to sell to Recommerce.

“Trade-In Request” means your request to sell a Trade-In Device to Recommerce through the Trade-In Service.

“Trade-In Service” means the service enabling you to submit a Trade-In Device for Appraisal and sale to Recommerce, either for Cash Payout or in connection with Instant Discount.

3. Eligibility and your warranties

3.1 You may use the Trade-In Service only if you are aged 18 or over and are acting for personal, non-commercial purposes. As part of Recommerce's eligibility and anti-fraud rules for this Service, Recommerce may refuse a Trade-In Request if the revenues derived from Trade-Ins made through this Service since 1 January exceed EUR 2,000, or if you have concluded 30 or more Trade-Ins through this Service during the current calendar year. Recommerce may also review or refuse Trade-In Requests where the frequency, volume or circumstances of transactions reasonably indicate commercial resale activity, fraud or misuse of the Service.

3.2 By submitting a Trade-In Request, you confirm that:

·       you are the lawful owner of the Trade-In Device and have the right to sell it;

·       the Trade-In Device is not stolen, lost, counterfeit or subject to any third-party ownership, finance, security interest or similar claim;

·       the information you provide about the model, condition, functionality and ownership of the Trade-In Device is complete and accurate;

·       you have removed or deactivated any activation lock, account lock, parental control or similar restriction that would prevent testing, resetting or lawful resale;

·       you have backed up any information you wish to keep and, so far as reasonably possible, removed your personal data and user accounts before dispatch; and

·       you will not send batteries, accessories or other items that are prohibited by the shipping instructions.

3.3 Recommerce may request evidence of identity, ownership, purchase or payment-account ownership, or carry out fraud, lost-device or stolen-device checks, where reasonably necessary to verify title, prevent fraud or comply with applicable law. Recommerce will only request information reasonably necessary for the relevant verification or legal requirement.

4. How the Trade-In Service works

4.1 You provide information about your Trade-In Device and receive an Estimated Trade-In Value.

4.2 You select either:

·       Cash Payout: after Appraisal and confirmation of the Final Trade-In Value, Recommerce pays the Final Trade-In Value directly to you by bank transfer; or

·       Instant Discount: the Estimated Trade-In Value is applied provisionally to your New Device order and your Payment Method may be temporarily authorised for up to the full price of the New Device. The amount ultimately payable is adjusted after Appraisal in accordance with clause 10.

4.3 The Estimated Trade-In Value is not a final purchase price. The final purchase price for the Trade-In Device is the Final Trade-In Value determined after Appraisal under clauses 7 and 8.

5. Estimated Trade-In Value and dispatch

5.1 The Estimated Trade-In Value is calculated using the information you provide, including model, functionality and condition, and may change if the Trade-In Device is not dispatched within the required period.

5.2 You must dispatch the Trade-In Device within 7 calendar days after submitting the Trade-In Request, unless a different period is clearly shown to you before you submit the Request.

5.3 If you do not dispatch the Trade-In Device within the required period, Recommerce may cancel the Trade-In Request. If you selected Instant Discount, clause 10.7 applies.

6. Shipping, packaging and transport risk

6.1 Recommerce will provide, or arrange, a prepaid and insured shipping label or collection method free of charge.

6.2 You must follow the packaging and shipping instructions, use the label or collection method provided, and keep proof that you handed the parcel to the carrier.

The transport label supplied by Recommerce must be printed so that the letters and barcodes are clearly legible. It must not be altered.

Recommerce will not be responsible for loss or damage to the extent that it is caused by your failure to use the shipping label correctly or to follow the shipping instructions.

You must pack the Trade-In Device securely and in accordance with the packaging instructions given by Recommerce. If damage, an empty parcel or another shipping issue is caused by materially inadequate packaging, Recommerce may take that into account when assessing the Trade-In or any related claim.

Recommerce may rely on carrier tracking and delivery records unless there is reasonable evidence that those records are inaccurate.

If there is a dispute relating to shipment or transport, including an empty or incorrect parcel, a parcel blocked in transit for more than 7 days, or non-receipt, Recommerce will contact you to ask you to fill in a claim form. You must return the completed and signed form, including the IMEI or serial number, accompanied by proof of delivery to the carrier, an invoice or proof of purchase, and a photocopy of a valid form of identification corresponding to the first and last name given by you at the time of collection. You may be asked to undergo an identity verification process in accordance with the conditions communicated by Recommerce.  Recommerce reserves the right to reject any claim where these required documents are not provided without legitimate reason, or where there is evidence of fraud.

Submitting forged documents, false information or using another person’s identity may result in rejection of the Trade-In or related claim and may be reported to the competent authorities where appropriate.

6.3 If you use the shipping method provided by Recommerce and comply with the shipping instructions, the risk of accidental loss or damage in transit passes to Recommerce when the carrier accepts the parcel from you. This does not transfer ownership, which is governed by clause 13.

6.4 If you choose to use a different, unauthorised shipping method, you bear the risk of loss or damage until Recommerce or its appointed processing centre receives the Trade-In Device.

6.5 If a Trade-In Device is lost in transit after risk has passed to Recommerce and cannot be appraised, Recommerce will compensate you by reference to the Estimated Trade-In Value, subject to reasonable verification of the declared model, eligibility and other information available to Recommerce.

6.6 Recommerce may reasonably adjust or refuse a transport-loss claim if there is evidence that the parcel did not contain the declared Trade-In Device, the device was ineligible, or the claim is fraudulent.

7. Appraisal and determination of the Final Trade-In Value

7.1 Recommerce or a subcontractor acting under Recommerce’s responsibility will inspect the Trade-In Device after receipt. Appraisal may include checks of model, serial number or IMEI, cosmetic condition, functionality, locks, ownership indicators and other characteristics relevant to resale value or eligibility.

7.2 If the Trade-In Device matches your declaration and the valuation criteria, Recommerce will confirm the Final Trade-In Value without requiring any further acceptance from you and will proceed to payment or settlement under clause 9, clause 10 or clause 12.3, as applicable.

7.3 If the Appraisal results in a Final Trade-In Value higher than the Estimated Trade-In Value, the higher value will apply automatically and no further acceptance is required from you.

7.4 If the Appraisal results in a proposed Final Trade-In Value lower than the Estimated Trade-In Value, Recommerce will send you a clear notice stating the revised value and the main reason or reasons for the reduction. Clause 8 applies.

8. Lower Final Trade-In Value: your choice

8.1 If Recommerce proposes a Final Trade-In Value lower than the Estimated Trade-In Value, you have 7 calendar days from the exact date and time the revised-offer notice is sent to accept or reject the revised value.

8.2 Your silence will not be treated as acceptance of a lower Final Trade-In Value.

8.3 If you accept the revised Final Trade-In Value within the response period, the Trade-In will proceed at that value and Recommerce or Joybuy (as applicable to your selected payment route) will process the corresponding payment adjustment.

8.4 If you reject the revised Final Trade-In Value, the Trade-In will not be completed. Recommerce will return the Trade-In Device to you free of charge, using tracked delivery, and will normally dispatch it within 3 to 5 Business Days after your rejection is recorded. If you selected Instant Discount, clause 10.6 applies.

8.5 If you do not respond within 7 calendar days, Recommerce may contact you using the contact details you provided and send one or more reminders. Unless you subsequently give express acceptance, Recommerce may cancel the Trade-In after giving you reasonable notice and return the Trade-In Device to you free of charge. If an Instant Discount was applied, the provisional discount will be reversed in accordance with clause 10.6.

9. Cash Payout

9.1 If you selected Cash Payout, Recommerce will pay the Final Trade-In Value directly to the bank account you provide.

9.2 Where the Trade-In Device matches your declaration, the payment target is 2 to 3 Business Days after the warehouse Appraisal validates the Final Trade-In Value.

9.3 Where a lower Final Trade-In Value requires your acceptance, the payment target is 2 to 3 Business Days after your acceptance is recorded.

9.4 If the Final Trade-In Value is higher than the Estimated Trade-In Value, Recommerce will pay the full higher Final Trade-In Value in accordance with clause 9.2.

9.5 A payment may be delayed if the bank details are incomplete, inaccurate, not in your name, or if additional verification is reasonably required. Recommerce will contact you where further information is needed.

10. Instant Discount and temporary payment authorisation

10.1 Instant Discount is a provisional payment arrangement linked to, but legally separate from, the sale of your Trade-In Device to Recommerce. The Estimated Trade-In Value is not guaranteed until the Trade-In Device has been appraised.

10.2 If you select Instant Discount, the Estimated Trade-In Value is provisionally deducted from the amount charged for your New Device. Joybuy or its payment provider may place a temporary authorisation on your Payment Method for an amount up to the full purchase price of the New Device, as shown to you at checkout.

10.2A The temporary authorisation may remain in place for up to 30 days. If the Trade-In has not been completed before the authorisation expires, Joybuy or its payment provider may, where permitted by the applicable payment-provider rules and the payment authorisation provided at checkout, renew or replace the authorisation. If any further action from you is required, Joybuy will notify you before that action is taken. Any renewal or replacement will not increase the total amount payable for the New Device. The timing at which an expired or replaced authorisation disappears from your account may depend on your bank or card issuer.

10.3 By selecting Instant Discount and confirming your order, you expressly authorise the payment adjustments described in this clause 10, subject to the limits stated below. No adjustment under this clause is a penalty or administrative fee; it is an adjustment of the provisional Instant Discount to reflect whether the Trade-In is completed and the Final Trade-In Value.

10.3A Before you confirm a New Device order with Instant Discount, Joybuy will display the key payment information, including that the trade-in value is provisional, the temporary card authorisation, the consequences if the Final Trade-In Value is lower or the Trade-In is not completed, how any amount above the Estimated Trade-In Value will be provided, and a link to these full Terms.

10.4 If the Final Trade-In Value equals the Estimated Trade-In Value

No additional amount is due from you in respect of the Trade-In. Recommerce will settle the Final Trade-In Value with Joybuy and Joybuy will instruct the relevant release or settlement of the remaining temporary authorisation.

10.5 If the Final Trade-In Value is lower and you accept it

Joybuy may charge your original Payment Method for the difference between the Estimated Trade-In Value and the accepted Final Trade-In Value. The additional charge will not exceed that difference.

10.6 If the Final Trade-In Value is lower and you reject it, or the Trade-In is cancelled because you do not accept the revised value

Recommerce will return the Trade-In Device to you free of charge. Because the sale of the Trade-In Device is not completed, the full provisional Instant Discount previously applied to the New Device will be reversed and Joybuy may charge that amount to your original Payment Method under the authorisation given at checkout.

10.7 If you do not dispatch the Trade-In Device, or it is ineligible

If you fail to dispatch the Trade-In Device within the required period, or if the Trade-In Device is rejected as ineligible under clause 11 and is returned to you, the Trade-In is not completed. The full provisional Instant Discount may therefore be reversed and charged to your original Payment Method.

10.8 If the Final Trade-In Value is higher than the Estimated Trade-In Value

Recommerce will settle the full Final Trade-In Value with Joybuy. Joybuy will release or settle the relevant temporary authorisation. The amount by which the Final Trade-In Value exceeds the Estimated Trade-In Value will be provided to you as a Joybuy voucher of equivalent face value within the normal processing period of 3 to 4 Business Days after the Final Trade-In Value is confirmed and the corresponding settlement is processed.

The voucher has no minimum spend requirement and no expiry date. Any other material conditions applicable to the use of the voucher will be clearly disclosed to you before you select Instant Discount.

10.9 Timing of authorisation release

Joybuy will normally instruct the release, adjustment or settlement of the relevant temporary authorisation within 3 to 4 Business Days after the Final Trade-In Value and the corresponding settlement are confirmed. Your bank or card issuer may take additional time to display or make available the released amount.

10.10 Payment processing failure

If a required adjustment cannot be completed because of a payment-processing issue, Joybuy may contact you to arrange a lawful alternative payment method. We will not charge an additional administrative fee solely because a payment adjustment failed.

11. Ineligible, locked, stolen, counterfeit or materially different devices

11.1 Recommerce may refuse to purchase a Trade-In Device if, after reasonable verification, it is materially different from the device declared, has a Final Trade-In Value of zero, is counterfeit, is reported lost or stolen, is subject to an active lock that prevents lawful testing or resale, or otherwise fails the eligibility criteria shown before submission.

11.2 Unless applicable law or a competent authority requires a different course of action (for example, where suspected stolen property must be retained or reported), Recommerce will return an ineligible Trade-In Device to you free of charge.

11.3 If Instant Discount was applied and the Trade-In is not completed under this clause, the provisional Instant Discount will be reversed in accordance with clause 10.7.

12. Cancellation or return of the New Device

12.1 Your purchase of the New Device from Joybuy and your sale of the Trade-In Device to Recommerce are separate transactions. Cancelling or returning the New Device does not, by itself, reverse a completed sale of the Trade-In Device to Recommerce.

12.2 If the New Device order is cancelled or refunded before the Trade-In has been completed, the Instant Discount arrangement will end and Joybuy will release or adjust the related payment authorisation in accordance with the New Device order status. If the Trade-In Device has not yet been dispatched, you may choose not to proceed with the Trade-In.

12.3 If the Trade-In Device has already been dispatched and the Trade-In continues after cancellation or return of the New Device, the Instant Discount payment route will end. Subject to Appraisal and clauses 7 to 9, the Final Trade-In Value will be paid to you using one of the following payment methods: (i) directly by Recommerce via bank transfer; or (ii) by Joybuy (Jingdong Retail (UK) Limited) via a gift card or another payment method notified to you.

12.4 If the Trade-In has already been completed, Recommerce will retain ownership of the Trade-In Device and the Final Trade-In Value will remain payable or paid to you. Any refund for the New Device will be handled under Joybuy’s applicable sales and after-sales terms. The New Device refund will not be reduced solely because you used the Trade-In Service, although any lawful reduction that applies independently under Joybuy’s normal return rules (for example, because of missing components or damage for which you are responsible) may still apply.

13. Transfer of ownership

13.1 If the Final Trade-In Value is equal to or higher than the Estimated Trade-In Value, ownership of the Trade-In Device transfers to Recommerce when the Final Trade-In Value is confirmed.

13.2 If the Final Trade-In Value is lower than the Estimated Trade-In Value, ownership transfers to Recommerce only when you expressly accept the lower Final Trade-In Value.

13.3 If you reject a lower Final Trade-In Value, or the Trade-In is cancelled without your acceptance where acceptance is required, ownership does not transfer to Recommerce and the Trade-In Device will be returned to you, subject to any legal obligation to retain or report suspected stolen or unlawful property.

13.4 Transfer of ownership under clauses 13.1 or 13.2 does not affect the obligation to ensure that the Final Trade-In Value is paid or settled in accordance with clause 9, clause 10 or clause 12.3, as applicable.

14. Personal data stored on your Trade-In Device

14.1 Before dispatch, you should back up any information you wish to keep, sign out of user accounts, deactivate device locks and erase personal data so far as reasonably possible.

14.2 Recommerce or its appointed processor may perform a secure reset or data-erasure process as part of Appraisal or refurbishment. Once erased, data may not be recoverable.

14.3 Recommerce is not responsible for loss of data that results solely from your failure to back up or remove data before dispatch. Nothing in these Terms excludes or limits responsibility that cannot lawfully be excluded, including responsibility arising from a failure to comply with applicable data protection law or to exercise reasonable care.

14.4 Information about how Recommerce and Joybuy process personal data in connection with the Trade-In Service is set out in the applicable privacy notices. JoyBuy Trade-In Privacy Notice | Joybuy

15. Returns of Trade-In Devices and unclaimed returns

15.1 Where these Terms require Recommerce to return a Trade-In Device, the return will be free of charge and will use tracked delivery. Recommerce does not charge a storage fee for the ordinary return process.

15.2 You are responsible for providing and maintaining an accurate return address. If a returned parcel cannot be delivered, Recommerce will make reasonable efforts to contact you and arrange redelivery.

15.3 Recommerce will not dispose of an undeliverable Trade-In Device without reasonable prior notice and without complying with applicable law.

16. Customer support and complaints

16.1 Joybuy will provide first-line customer support for the Trade-In journey. Trade-In issues requiring specialist investigation, including Appraisal, device condition, ownership, return or Final Trade-In Value issues, may be referred to Recommerce.

16.2 You may contact Joybuy (a) by email at support@joybuy.com; or (b) via Live Chat, available 24 hours a day, seven days a week, through the Joybuy App (Me → Customer Service → Online Chat) or by selecting the floating “Customer Service” icon on the Joybuy website. You may also contact Recommerce about specialist Trade-In matters at support-tradein+uk@recommerce.com.

16.3 We will try to resolve complaints fairly and within a reasonable time. If a complaint is not resolved and Recommerce or Joybuy is required by law or contract to participate in a particular alternative dispute resolution arrangement, you will be given the relevant information when the complaint outcome is communicated to you.

17. Liability

17.1 Nothing in these Terms excludes or limits liability where it would be unlawful to do so, including liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any liability or consumer right that cannot lawfully be excluded or limited.

17.2 Subject to clause 17.1, Recommerce is responsible for loss or damage that is a foreseeable result of its breach of these Terms or failure to use reasonable care and skill in performing its obligations relating to the Trade-In Device. Joybuy or its authorised payment service providers execute card charges, re-debits and payment adjustments under the Instant Discount mechanism. Recommerce acts as the direct buyer and appraiser of the Trade-In Device,and shall only be liable for incorrect payment adjustments to the extent directly caused by a proven error in the transaction status data or information transmitted by Recommerce, excluding any legitimate technical Appraisal decision.

17.3 Neither Joybuy nor Recommerce is responsible for bank fees, overdraft charges or interest arising solely from a payment adjustment correctly made in accordance with these Terms and your authorisation. This exclusion does not apply to the extent such loss results from that party’s breach, negligence, error, duplicate charge, or an incorrect or unauthorised payment adjustment.

17.4 Subject to clause 17.1, Joybuy is responsible for loss or damage that is a foreseeable result of its breach of the Instant Discount payment obligations expressly allocated to Joybuy under these Terms or its separate obligations under the New Device sale contract.

17.5 Neither Recommerce nor Joybuy is responsible for losses that were not reasonably foreseeable when the relevant contract was entered into, or for business losses suffered by a consumer using the Service for personal purposes.

18. Events outside reasonable control

18.1 Recommerce and Joybuy are not responsible for delay caused by events outside their reasonable control, but will take reasonable steps to minimise the effect of the delay and perform affected obligations as soon as reasonably practicable.

18.2 This clause does not affect your right to cancel a Trade-In Request before dispatch or your rights where a revised Final Trade-In Value requires your acceptance.

19. Governing law and courts

19.1 If you are habitually resident in England or Wales, these Terms are governed by the law of England and Wales and you may bring proceedings in the courts of England and Wales.

19.2 If you are habitually resident in Scotland, these Terms are governed by Scots law and you may bring proceedings in the Scottish courts.

19.3 If you are habitually resident in Northern Ireland, these Terms are governed by Northern Ireland law and you may bring proceedings in the courts of Northern Ireland.

19.4 If you live elsewhere, the law and courts that apply will be determined by applicable conflict-of-laws and consumer-protection rules. Nothing in these Terms deprives you of mandatory consumer protections that apply to you.

20. General

20.1 If any provision of these Terms is found unlawful or unenforceable, the remaining provisions will continue to apply to the fullest extent permitted by law.

20.2 A delay by Recommerce or Joybuy in enforcing a right does not waive that right.

20.3 No person other than you, Recommerce and, only in respect of obligations expressly allocated to it under these Terms, Joybuy has any right to enforce these Terms, except where applicable law provides otherwise.