Ealyx | Paying with your used product

Introduction

Welcome to Ealyx. This document sets out the conditions under which Ealyx, S.L. ("Ealyx") makes available to Users financing solutions for their new purchase on the Merchant's website, once they have used Ealyx's Basic Trade-in service to value their Used Product for acquisition by the Buyback Partner. 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. It is expressly established that Ealyx is neither the buyer of the Used Products nor the financier in EALYX Pay operations.

These Terms set out how the EALYX Pay service works. If you are reading these Terms, it means that:

(i) you have already used the Basic Trade-in Service to sell your Used Product and have accepted the general terms of the Basic Trade-in Service, and

(ii) you have chosen EALYX Pay as your payment method, to deduct the value of your Used Product from the price of your new purchase on the Merchant's website.

Definitions

• User: A natural person who, while shopping on the Merchant's website, uses the EALYX Pay Service to use the value of their Used Product as part of payment for the new purchase made on the Merchant's website.
• 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, which is handed over as part of payment for a new product purchase made by the User on the Merchant's website. Only the 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 established in the Basic Trade-in Service Terms or (ii) whose condition does not significantly match the description provided by the User during the initial valuation and is not accepted for the Basic 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 and inspected. 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.

1. Requirements for Using the EALYX Pay Service

1.1 Age and residency: The EALYX Pay 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. Ealyx reserves the right to verify this information.

1.3 Use of EALYX Pay: The EALYX Pay 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 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 User's eligibility for the EALYX Pay Service.

2. How EALYX Pay Works

2.1 Service description: EALYX Pay enables financing (total or partial) of the new purchase made by the User on the Merchant's website through an authorised financier ("Financier"). Ealyx acts as a facilitator, providing the Platform and the tools necessary for the User to access said financing, based on the estimated value (First Offer) of the Used Product.

2.2 Financing options for the User: Once the new purchase on the Merchant's website has been completed using EALYX Pay, the User may choose between:

(i) Instant discount: Deduct the estimated value of the Used Product and pay the remainder of the new purchase in full, through the Financier's solutions provided within the Ealyx environment;

(ii) Subsidised instalment plan: Split the entire new purchase into different instalments where the first instalment has the nominal value of the instalment payment and subsequent instalments are subsidised based on the estimated value of the Used Product.

EALYX Pay provides these payment options based on the estimated value of the Used Product or "First Offer".

2.3 Financing contracted between the User and the Financier:

In all cases, the User contracts the financing of their new purchase from the Merchant with the Financier, with Ealyx acting as a facilitator connecting the User and the Financier.

Ealyx will carry out the following actions on behalf of the User in relation to the financing:

a) Confirmation of the First Offer: Once the Buyback Partner has received and inspected the Used Product, if it confirms the First Offer, Ealyx will automatically arrange the early repayment of the financing contracted between the User and the Financier, on behalf of the User, for the amount corresponding to the First Offer.

b) Second Offer: If, after the physical inspection of the Used Product, the Buyback Partner notifies the User of a Second Offer and the User expressly accepts it, Ealyx will arrange the early repayment of the financing contracted between the User and the Financier for the amount corresponding to the Second Offer. If the User rejects the Second Offer, no early repayment will be made.

c) Non-shipment of the Used Product: If the User does not ship the Used Product within the period set out in the Basic Trade-in Service terms, Ealyx will not arrange any early repayment and the financing contracted between the User and the Financier will proceed according to the terms sent to the User by the Financier at the time of choosing EALYX Pay to finance the new purchase.

d) Final Value of the Used Product exceeding outstanding financing instalments: If the Final Value of the Used Product is greater than the amount of outstanding instalments, the outstanding instalments will be settled early and the User will be reimbursed the difference between the Final Value and said instalments.

2.4 Failure to meet deadlines: If any of the deadlines established for the User or the Buyback Partner in the Basic Trade-in Service terms are not met, Ealyx cannot guarantee the early repayment described in sections 2.3 a) and b) above. As a result, the User must pay the financing instalments according to the established schedule, and once the Used Product has been acquired by the Buyback Partner, Ealyx or the Financier will pay the User the Final Value of the Used Product through repayment of outstanding instalments (if any), card refund through the Financier, or bank transfer.

3. Contract Between the User and the Financier

3.1 Ealyx's service: EALYX Pay informs the User of the different financing options offered by the Financier. In no case does Ealyx act as the Financier. To obtain financing, the User must sign a contract with the Financier.

3.2 Transparency and user protection: All relevant information about the financing contract, including interest rates, fees, payment deadlines, and other financial charges, will be provided by the Financier to the User. The User will have access to the European Standard Information Sheet (SECCI) provided by the Financier before the contract is formalised.

3.3 Right of withdrawal: A User who qualifies as a consumer has the right to withdraw from the financing agreement within the fourteen (14) business day period stipulated by current regulations, without additional penalties. In case of withdrawal, the consumer must notify the Financier through the established channels.

3.4 Creditworthiness assessment: The Financier will carry out a creditworthiness assessment of the User before approving the financing, using transparent and objective criteria.

3.5 Communication and notifications: All communications related to financing will be carried out by the Financier and will preferably be made by email to the addresses provided by the parties, although other communication channels such as WhatsApp may also be used. The User is advised to confirm receipt of all important communications.

3.6 Financing contracting process: To use the Financier's services, the User must choose EALYX Pay as the payment method and select the chosen financing option from the two described in section 2.2 above (instant discount on the Used Product value or subsidised instalment plan). The Financier will provide a link to the SECCI Document and its privacy policy before the financing agreement is formalised. Once accepted, the Financier will carry out a creditworthiness assessment of the User and notify them of the approval or rejection of the application.

3.7 Payment instructions: Payments must be made within the deadlines set out in the SECCI Document provided by the Financier, which will indicate the amounts owed, as well as the periods and payment conditions.

3.8 Contract termination: The financing contract will be automatically terminated when the User's outstanding balance with the Financier equals zero euros. The Financier may cancel the contracted services in cases of non-payment or fraudulent behaviour by the User.

3.9 Duty to keep contact information updated: The User must inform Ealyx and the Financier of any changes to their contact information. Failure to update this information may result in early termination of the financing contract.

4. Cases Where the Sale Through EALYX Pay Does Not Materialise

a. Non-acceptance of the Second Offer:

If the User does not accept or expressly rejects the Second Offer within three (3) business days of receiving it, they will be deemed to have rejected the Second Offer. In this case:

• (i) the Used Product will be returned to the User at no additional cost within 2 business days from the expiry of the response period, and
• (ii) EALYX Pay will not make the early repayments provided for in sections 2.3 a) and b) on behalf of the User, who must pay the instalments established in the financing contract signed with the Financier.

b. Ineligible Used Product:

In the case of an Ineligible Used Product, the Buyback Partner will proceed to return it as provided in the Basic Trade-in Service Terms, and EALYX Pay will not make the early repayments provided for in sections 2.3 a) and b) on behalf of the User, who must pay the instalments established in the financing contract signed with the Financier.

5. Cost of the EALYX Pay Service

EALYX Pay may have a cost for the User. Service costs to the User, when applicable, will be duly communicated at the time of choosing EALYX Pay as a payment method and will be paid in euros under the terms indicated by Ealyx. If there are Ealyx costs, the User expressly accepts that their payment will be made by deduction from the Final Value of the Used Product.

There may also be costs for the financial services offered by the Financier. Where such costs exist, the deadlines and payment methods will be set out in the SECCI document provided by the Financier.

6. Ealyx's Liability

6.1 Nature of the EALYX Pay Service:

Facilitator: Ealyx facilitates the interaction between the User, the Buyback Partner, and the Financier, providing the Platform and the tools necessary for the User to:

• (i) request a valuation of their Used Product and sell it to the Buyback Partner
• (ii) finance part or all of their new purchase on the Merchant's website with the Final Value of the Used Product. Ealyx will arrange the total or partial repayment of the User's debt with the Financier using the Final Value of the Used Product, as established in section 2.3.

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. Ealyx does not provide financing to the User in the Trade-in process and will have no liability in the financing process.

6.2 Limited Liability:

• Third-party transactions: Operations carried out through Ealyx's Platform are between the User, the Buyback Partner, and the Financier. Ealyx has no liability for the execution, fulfilment, or results of such operations. In particular, Ealyx has no liability regarding the outcome of the creditworthiness assessment carried out by the Financier, the granting of credit, or payment management. Any dispute or issue related to credit or payment must be resolved directly between the User and the Financier.
• Impact of Used Product condition on financing: The User is solely responsible for the quality, condition, or functionality of Used Products and acknowledges and accepts that the instalments payable to the Financier may vary depending on the Final Value of the Used Product. Any dispute regarding these aspects must be resolved directly between the User and the Buyback Partner.

6.3 Information and communications management:

• Truthfulness of information: Ealyx is not responsible for the truthfulness, accuracy, or completeness of information provided by the User to the Financier 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 Financier but will not be responsible for lack of response, delays in communications, or any misunderstanding arising therefrom.

6.4 Return of the Used Product to the User:

In case of return of the Used Product to the User for any reason, EALYX Pay will not make the early repayments provided for in sections 2.3 a) and b) on behalf of the User, who must pay the instalments established in the financing contract signed with the Financier.

7. Fraud Prevention and Detection Measures

7.1 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.

7.2 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.

7.3 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.

7.4 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.

7.5 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.

7.6 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.

7.7 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.

8. Relationship with Partners

8.1 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.

8.2 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.

8.3 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.

9. Dispute Resolution

9.1 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.

9.2 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.

10. 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.