Legal Notice

    Ealyx | Selling your used product

    Introduction

    Welcome to Ealyx. This document sets out the conditions under which Ealyx S.L. ("Ealyx") provides Users with its services for selling Used Products during a new purchase ("Trade-in"). By using our services, the User expressly agrees to comply with these general terms and conditions ("Terms") by clicking the "ACCEPT" button.

    Capitalised words in these Terms shall have the meaning set out in the "DEFINITIONS" clause.

    About Ealyx

    Ealyx is a technology company that provides, through its Platform, the technology and tools necessary for Users to sell their Used Products during a new purchase. Ealyx offers two services:

    – Basic Trade-in: A service through which the User can obtain a valuation and sell their Used Products, initiating the process during a new purchase on the Merchant's website.

    – EALYX Pay: A service that allows using the value of Used Products as part of payment for purchases made on the Merchant's website.

    Ealyx S.L. identification data: Tax ID No. B-B56980675, registered office at Via Augusta, 29, registered with the Barcelona Companies Registry, volume 49125, folio 0164, page 608667.

    Ealyx operates as a technology facilitator, connecting the User with the entities associated with Ealyx that participate in the Trade-in process. These associated entities are: the buyer of the Used Product or "Buyback Partner" and the Financier for the new purchase on the Merchant's website. In this regard, it is expressly established that Ealyx is neither the buyer of the Used Products nor the financier in EALYX Pay operations.

    These Terms govern EALYX's Basic Trade-in service.

    Definitions

    • User: A natural person who, while shopping on the Merchant's website, uses the Basic Trade-in Service to value and sell a Used Product.
    • Basic Trade-in Service: A service through which the User can request a valuation and sell their Used Products, initiating the process during a new purchase on the Merchant's website.
    • EALYX Pay Service: A service offered by Ealyx through which the User hands over a Used Product as part of payment for a new purchase from the Merchant.
    • Platform: The Ealyx web application that facilitates the Basic Trade-in Service and the EALYX Pay Service.
    • Price: Monetary amounts set by Ealyx as consideration for its services, including applicable taxes. If the User must pay the Price, Ealyx will duly inform the User.
    • Financier: An entity associated with Ealyx that offers the User payment solutions for the new product purchased on the Merchant's website.
    • Buyback Partner: An entity associated with Ealyx that receives and inspects the Used Product and pays its estimated value, previously communicated to and expressly accepted by the User.
    • Merchant: An e-commerce website where the User makes new purchases. The Merchant integrates with Ealyx to provide Ealyx's services to Users.
    • Partners: Any of the following entities collaborating with Ealyx – Merchant, Buyback Partner, or Financier.
    • Used Product: A second-hand product owned by the User. Only product categories described in section 2 below may qualify as Used Products.
    • Ineligible Used Product: A Used Product (i) that does not match any of the categories in section 2 below or (ii) whose condition does not significantly match the description provided by the User during the initial valuation and is not accepted for the Trade-in service.
    • First Offer: An initial price estimate for the Used Product once the User provides a precise and detailed description through Ealyx's valuation widget.
    • Second Offer: A valuation made by the Buyback Partner once the Used Product has been received. The Second Offer will be lower than the First Offer if significant discrepancies are found between the User's initial description and the actual condition of the Used Product.
    • Final Value of the Used Product: The amount at which the sale of the Used Product between the Buyback Partner and the User actually takes place. Its value will be equal to the First Offer or the Second Offer.
    • Reverse Logistics: The process of returning the Used Product or the Ineligible Used Product to the User.

    1. Requirements for Using the Basic Trade-in Service

    1.1 Age and residency: The Basic Trade-in Service is available only to natural persons over 18 years of age and legal entities. Use of the service is limited to legal residents of Spain and legal entities with registered offices in Spain.

    1.2 Truthfulness of information: Users must provide truthful and complete information about their identity and Used Products. Ealyx reserves the right to verify this information and will not assume any liability in case of false or erroneous information provided by the User.

    1.3 Use of the Basic Trade-in Service: The Basic Trade-in Service is intended exclusively for the User's use, both in a personal capacity (in which case the User will be considered a consumer) and within the scope of their commercial or professional activity (in which case the User will not have consumer status).

    1.4 Legal compliance: Users of the Basic Trade-in Service must comply with all applicable laws in Spain, including those related to ownership and provenance of Used Products.

    1.5 Additional documentation: Ealyx or its Partners may request additional documentation to verify the eligibility of the User and the Used Products for the Basic Trade-in Service.

    2. Used Products Accepted for the Basic Trade-in Service

    2.1 Types of Used Products: Ealyx's Basic Trade-in Service is available for various types of Used Products, including but not limited to:

    • Smartphones
    • Tablets
    • Laptops
    • Televisions (TVs)
    • Robot vacuum cleaners
    • Electric scooters
    • Fashion items
    • Footwear
    • Sporting goods

    2.2 Condition of the Used Product: Used Products must be in good working condition and must not present significant damage to their physical structure. Additionally, they must not have been modified in an unauthorised manner, such as mobile devices that have been jailbroken.

    2.3 Accessories and components: Used Products must include all original accessories necessary for proper functioning, such as chargers and cables, unless Ealyx indicates otherwise.

    2.5 Compatibility and specifications: Used Products offered for Trade-in must be compatible with the technical specifications and regulations in force in Spain, including compatibility with local mobile networks in the case of mobile devices.

    2.6 Evaluation and initial valuation: Ealyx will evaluate and value each Used Product according to pre-established criteria and reserves the right to accept or reject any Used Product based on this evaluation. In case of rejection, the User will not be able to benefit from the Basic Trade-in Service offered by Ealyx.

    3. Information to Be Provided by the User About Used Products

    3.1 Description of the Used Product: The User must provide a precise and detailed description of the Used Product, including brand, model, technical specifications, and any relevant features, in accordance with the questions posed by Ealyx in the valuation form.

    3.2 Condition of the Used Product: The User must clearly specify the condition of the Used Product, including any defects, damage, or wear, both functional and aesthetic. In any case, the Used Product must meet the conditions that allow its normal use and operation.

    3.3 History of the Used Product: If required, the User must provide information about the previous use of the Used Product, including the date of purchase, repair and maintenance history, and any modifications made.

    3.4 Accessories and components: The User must list all accessories and components included with the Used Product, such as chargers, cables, additional batteries, and user manuals.

    3.5 Ownership and legality: The User declares and warrants that they are the legitimate owner of the Used Product and can freely dispose of it, that the Used Product is not subject to charges, encumbrances, or seizures, that their right of ownership was acquired through a valid legal source, and that it is not the result of theft, robbery, or any other crime or unlawful act committed by the User or a third party.

    3.6 Deletion of personal data from the Used Product: The User must confirm that all personal data has been deleted from the Used Product and that all associated accounts have been deactivated.

    4. Trade-in Process

    4.1 First online estimated Offer: The User must provide a precise and detailed description of the Used Product through Ealyx's valuation widget. Based on this information, Ealyx will make an instant initial price estimate for the Used Product ("First Offer"). This First Offer is non-binding and is subject to verification of the Used Product's condition by the Buyback Partner.

    4.2 Payment for the new purchase on the Merchant's website:

    a) With EALYX Pay: When using EALYX Pay, the user will have the option to generate an instant discount on the price of the new purchase made on the Merchant's website. The terms of use of EALYX Pay will be accepted at the time of payment using this payment method.

    b) With a payment method other than EALYX Pay: If the User chooses to pay for the new purchase on the Merchant's website with another payment method provided by the Merchant, the User may keep their Trade-in order to sell their Used Product. In this case, once the new purchase is completed on the Merchant's website, the User will receive an email from Ealyx requesting their name, surname, tax ID, address, and IBAN to receive payment for the Final Value of the Used Product. Once the Buyback Partner has received and inspected the Used Product and confirmed the First Offer or issued a Second Offer accepted by the User as regulated in section 4.4, EALYX will arrange payment of the Final Value of the Used Product to the IBAN provided by the User within a maximum of seven (7) business days from confirmation of the purchase of the Used Product by the Buyback Partner.

    4.3 Shipping and Receipt of the Used Product:

    • Shipping request: After issuing the First Offer, the Buyback Partner will provide the User with the necessary instructions to ship the Used Product, including all required materials and shipping labels.
    • Shipping preparation: The User must prepare the Used Product for shipping, ensuring it is properly packaged and protected. It is recommended to use sturdy, padded packaging to avoid damage during transport. Before shipping, the User must delete all personal data and disconnect any associated accounts (e.g. iCloud, Google). Ealyx or its Buyback Partner will provide detailed instructions on how to perform these steps. The User should photograph the Used Product before packaging to evidence its condition prior to shipping and demonstrate any potential damage during logistics. Without pre-shipping photographs, transport damage cannot be verified.
    • Shipping label: The Buyback Partner will provide the User with a prepaid shipping label, which the User must print and attach to the packaging of the Used Product.
    • Shipping deadline: The User must ship the Used Product within three (3) calendar days from the date of receiving the First Offer. If the Used Product is not shipped within this period, the First Offer will expire. It is the User's responsibility to ensure that the Used Product is scanned and registered in the transport company's system within the established timeframe.
    • Transport and receipt responsibility: The Buyback Partner will handle all operations related to the transport and receipt of the Used Product. The Buyback Partner will be responsible for the Used Product from the moment the shipment is registered by the transport company.
    • Status confirmation and updates: The Buyback Partner will keep the User informed about the shipping status and receipt of the Used Product. The User can track the shipment using the tracking number provided by the Buyback Partner and will receive updates once the Used Product has been received and is being inspected.

    4.4 Physical inspection and, where applicable, Second Offer: Once the Used Product is received, the Buyback Partner will carry out a physical inspection to verify its condition. This process includes:

    • Verification of condition: The Buyback Partner will verify that the condition of the Used Product matches the description provided by the User during the initial valuation, including a detailed review of the functionality and physical condition.
    • Confirmation of the First Offer: If the condition of the Used Product matches the description initially provided by the User, the First Offer will be confirmed, becoming the Final Value of the Used Product, and the Trade-in operation will proceed.
    • Issuance of Second Offer: If significant discrepancies are found between the initial description and the actual condition of the Used Product, the Buyback Partner will issue, by email to the User, an adjusted second offer that will always be lower than the First Offer ("Second Offer"). This Second Offer will reflect the actual value of the Used Product based on its current physical and functional condition.

    4.5 Acceptance or rejection of the Second Offer: The User will have a period of 3 calendar days to accept or reject the Second Offer by clicking the "ACCEPT" or "REJECT" option included in the email received.

    If the User accepts the Second Offer, it will become the Final Value of the Product, the Trade-in operation will be completed, and payment will be processed according to the payment method chosen by the User.

    If the User rejects the Second Offer or does not respond within the indicated period, the Used Product will be returned to the User at no additional cost within 2 business days.

    4.6 Return of the Used Product. Reverse Logistics Costs:

    • Rejection of the Second Offer: If the User rejects the Second Offer issued after the physical inspection, the Buyback Partner undertakes to return the Used Product to the User at no additional cost within two (2) business days from receipt of the rejection.
    • Return conditions: The Buyback Partner must return the Used Product to the User in the same condition in which it was received and will bear the Reverse Logistics costs.
    • Tracking and confirmation: The User will receive a tracking number to track the return shipment of the Used Product. The Buyback Partner will keep the User informed about the shipping status.
    • Costs and responsibilities: All costs associated with Reverse Logistics will be borne by the Buyback Partner, provided the Used Product matches the description provided by the User and was initially shipped according to the instructions given. Reverse Logistics costs will fall solely on the User in the following cases: (i) if the User does not follow the shipping instructions, (ii) if the User provides incorrect information about the Used Product, or (iii) if the User sends an Ineligible Product.
    • Discrepancies and resolution: In case of any discrepancy about the condition of the Used Product during the return process, the User and the Buyback Partner must provide photographic evidence and any relevant documentation to resolve the dispute between them.
    • Non-acceptance policy: If the Used Product sent by the User is an Ineligible Used Product, the Buyback Partner must return it to the User. The Buyback Partner will send an email informing the User of the non-acceptance and the conditions for return, including the Reverse Logistics cost to be paid by the User. The User will have ten (10) business days to pay the Reverse Logistics cost. If the User does not pay within this period, they will receive a reminder to pay within an additional 3 business days. In case of non-payment, the User will be deemed to have waived any right over the Ineligible Used Product. The User expressly accepts this by accepting these Terms.

    4.7 Return or withdrawal from the new purchase on the Merchant's website and relationship with the Trade-in order:

    The User may exercise their right of return or withdrawal from the new purchase made on the Merchant's website, in accordance with the Merchant's general terms of purchase. The exercise of these withdrawal or return rights will have no impact on the services offered by Ealyx.

    4.8 Communication and transparency: Throughout the entire Trade-in process, Ealyx will keep the User informed about the status of the Used Product and any relevant updates.

    5. User Non-Response

    5.1 Acceptance of the Second Offer:

    • Response deadline: The User will have three (3) business days to accept or reject the Second Offer issued after the physical inspection of the Used Product by clicking "ACCEPT" or "REJECT" in the email containing the Second Offer.
    • Non-response: If the User does not respond within the established period, they will be deemed to have rejected the Second Offer. In this case, the Used Product will be returned to the User at no additional cost within 2 business days from the expiry of the response period.

    5.2 Other cases of User non-response:

    a) Request for additional information: In situations where additional information is required from the User to continue the Trade-in process, the User will have two (2) business days to provide the requested information.

    • Non-response: If the User does not provide the additional information within the established period, Ealyx or the Buyback Partner reserves the right to suspend or cancel the Trade-in process. In case of cancellation, any Used Product already shipped will be returned to the User at no additional cost.

    b) Return of an Ineligible Used Product:

    • In case of notification of an Ineligible Used Product, the User will have fifteen (15) calendar days to pay the Reverse Logistics cost.
    • If the User does not pay within this period, they will receive a reminder to pay within an additional 3 business days. In case of non-payment, the User will be deemed to have waived any right over the Ineligible Used Product. The User expressly accepts this by accepting these Terms.

    6. Communication and Notifications

    • Communication channels: All communications between Ealyx and the User will preferably be made by email, although other available messaging channels may be used (such as WhatsApp or SMS, for example). Notifications will be considered valid if sent to the email addresses or phone numbers provided by the parties.
    • Confirmation of receipt: The User must confirm receipt of all communications to ensure they are aware of deadlines and requirements.

    7. Cost of the Basic Trade-in Service

    The Basic Trade-in Service may have a cost for the User. If there is a cost, Ealyx will duly inform the User at the time of accepting these Terms. The service cost will be paid in euros under the terms indicated by EALYX. The User expressly accepts that the cost associated with the Basic Trade-in Service will be deducted from the Final Value of the Used Product.

    8. Ealyx's Liability

    8.1 Nature of Ealyx's Basic Trade-in Service:

    Facilitator: Ealyx acts solely as a facilitator in the Trade-in process, providing its Platform and the tools necessary for the User to (i) sell a Used Product to the Buyback Partner and, if desired, (ii) use the Final Value of the Used Product as part of payment for a new purchase on the Merchant's website. In no case is Ealyx the buyer of Used Products offered by Users for Trade-in, nor will it assume any liability in relation to the valuation of Used Products.

    8.2 Limited Liability:

    • Third-party operations: Operations carried out through Ealyx's Platform are between the User and the Buyback Partner. Ealyx has no liability for the execution, fulfilment, or results of such operations.
    • Quality and condition of Used Products: The User is solely responsible for the quality, condition, or functionality of Used Products offered by Users or acquired by Buyback Partners. Any dispute regarding these aspects must be resolved directly between the parties involved — the User and the Buyback Partner.

    8.3 Information and communications management:

    • Truthfulness of information: Ealyx is not responsible for the truthfulness, accuracy, or completeness of information provided by the User or the Buyback Partner. The parties must ensure they provide accurate and complete information to avoid misunderstandings or disputes.
    • Communications: Ealyx will facilitate communications between the User and the Buyback Partner but will not be responsible for lack of response, delays in communications, or any misunderstanding arising therefrom.

    8.4 Shipping and receipt of the Used Product:

    • Shipping responsibility: The Buyback Partner is responsible for providing the User with shipping instructions and the prepaid shipping label. Ealyx will not be liable for any damage, loss, or delays occurring during the shipping of the Used Product.
    • Used Product return process: In case of return of the Used Product, the Buyback Partner will be responsible for organising and managing Reverse Logistics. Ealyx will not be liable for costs or issues related to Reverse Logistics.

    9. Payment Method for the New Purchase from the Merchant

    Once the Used Product has been valued online through Ealyx's valuation widget, the User may choose EALYX Pay as a payment method, in which case they will need to accept the EALYX Pay terms at the time of confirming payment for the new purchase.

    Alternatively, the User may choose another payment method and provide their bank details to receive the amount of the Final Value of the Used Product.

    10. Fraud Prevention and Detection Measures

    10.1 Ownership verification: Ealyx and the Buyback Partner may carry out ownership checks on the Used Product to ensure that products offered for Trade-in are legitimate and belong to the User. This may include requesting additional documentation, such as purchase invoices or warranty certificates.

    10.2 Authenticity of the Used Product: Ealyx reserves the right to verify the authenticity of Used Products offered for Trade-in. Any Used Product suspected of being counterfeit or non-genuine will be rejected and returned to the User at no cost. If counterfeiting or lack of authenticity is proven, the User acting in bad faith must bear the Reverse Logistics costs.

    10.3 Monitoring of suspicious activities: Ealyx will implement monitoring systems to detect suspicious activities during the Trade-in and financing process. This includes unusual transaction patterns, multiple Trade-in attempts by the same User, or significant discrepancies in the information provided.

    10.4 User obligations: The User must provide accurate and complete information about the ownership and condition of the Used Product. Any attempt to provide false or misleading information will be considered fraud and will result in cancellation of the service and notification to the competent authorities.

    10.5 Disciplinary measures: In case of fraud detection, Ealyx reserves the right to take disciplinary measures, which may include suspension or cancellation of the User's account, cancellation of the Trade-in operation, and notification to the competent authorities.

    10.6 Cooperation with authorities: Ealyx will fully cooperate with legal authorities in the investigation of any fraudulent activity detected. This includes providing all necessary information and documentation to support the investigation.

    10.7 Personal data protection: Ealyx guarantees the protection of the User's personal data in accordance with current privacy regulations. However, in case of fraud, relevant data may be shared with competent authorities for the investigation and prevention of criminal activities.

    11. Relationship with Partners

    11.1 Integration with Merchants: Ealyx is a Platform that integrates into the Merchant's website. This allows Users to access Ealyx's services while making purchases on the Merchant's website.

    11.2 Personal Data Protection:

    • Regulatory compliance: Both Ealyx and its Partners (Merchant, Buyback Partner, and Financier) will strictly comply with applicable data protection regulations, ensuring that the User's personal data is handled securely and in accordance with the law.
    • Information exchange: The User accepts that their personal data may be shared by Ealyx with its Partners to process the Trade-in operation. Likewise, the User accepts that the Merchant, Buyback Partner, or Financier may share personal data with EALYX solely for the purpose of EALYX providing its service to the User.

    11.3 Communication and Support:

    • User support: Ealyx will provide support to the User in relation to the Trade-in process, including any queries about the valuation of the Used Product, its shipment, and the receipt of instant payment.
    • Status updates: Ealyx will keep the User informed about the status of the Trade-in operation and financing through electronic notifications.

    12. Dispute Resolution

    12.1 Mediation: Ealyx may act as a mediator in case of disputes between the User and the Buyback Partner, but does not guarantee a specific resolution and assumes no liability for the outcome of the mediation.

    12.2 Jurisdiction: Any dispute arising from the use of Ealyx's services will be resolved in accordance with Spanish law and under the jurisdiction of the courts of Barcelona.

    13. Contact

    For any queries or complaints, the User may contact Ealyx by email: info@ealyx.com.

    By using Ealyx's services, the User declares that they have read, understood, and accepted these Terms and Conditions.

    Last updated: 16 September 2024