Legal conditions

Read the legal information of your sales on our platform in the section Terms & Conditions, or learn about how we process your data by clicking the tab Privacy Policy.

Terms of sale on Vendiusato.com

General terms and conditions:

The company Smart Generation Ltd., registered with the Companies' Register of Messina (VAT number 03354060836), is the owner of the site vendiusato.com

1. Acceptance

The contract entered into between Smart Generation srl, hereinafter referred to as Buyer, and Seller shall be deemed to be concluded upon Seller's acceptance of the Device. Such acceptance will be expressly communicated to Seller by any means.

2. Knowledge and acceptance of the conditions

The seller declares that he/she has read all the directions given to him/her during the sales procedure, and that he/she fully accepts the general and payment terms of the agreed consideration.

3. Manleva

The Seller expressly indemnifies Smart Generation srl from any claim for damages or compensation, as well as any contractual or extra-contractual liability for direct or indirect damages to persons and/or property, caused by the non-acceptance of the sale.

Methods of sale

4. Property ownership

The Seller may only transfer to Smart Generation Ltd. goods that are its exclusive property. The untruthfulness or concealment of other information in this regard is the sole responsibility of the Seller.

5. Proposed sale

The seller offers his device for sale by inquiry and specifically by filling out specific form on the site vendiusato.com, then the same will send the product by transmitting the signed sales proposal.

6. Confirmation of receipt

The correct submission of the sale offer is confirmed by Smart Generation srl by means of an e-mail reply, sent to the e-mail address communicated by the Seller. This confirmation message will contain the Date and Time of execution of the sale offer and a specific Request Code (ticket ID), to be used in any further communication with Smart Generation srl

7. Data verification

The message re-posts all the data entered by the Seller, who undertakes to verify their correctness and promptly communicate any corrections, in the manner described in this document.

Regulation of sale

8. Representations and Responsibilities of the Seller

The Seller, aware of the criminal and civil liability for false and mendacious statements, undertakes to fill out specific information sheet having as its object the data of the device he intends to sell and its description. Following such compilation, the company Smart Generation srl will make an initial purchase offer inherent to the state of the device described by the Seller, pending a more accurate evaluation of the same at its premises.

9. Acceptance of the evaluation

The Seller expressly declares that it accepts the valuation of the device proposed for sale, and consequently the Seller undertakes to send to the company Smart Generation Ltd. the device owned by it that is being sold, so that the latter can provide for the verification of the valuation and eventual purchase, according to the request made by e-mail.

10. Withholding authorization

Seller hereby authorizes Smart Generation Ltd. to retain the property if it conforms to the description made, and should it consider purchasing it.

11. Sales options

The Seller can decide independently whether to choose the option of the sale with economic payment via PayPal or Bank Transfer, or whether to choose the trade-in with a device that can be purchased from the vendiusato.com website. The trade-in will be handled through a spendable voucher on the platform equal to the amount agreed upon with Smart Generation Srl. The trade-in value is usually 10% higher than the sale value proposed by the company Smart Generation Srl.

Method of sending products

12. Shipping conditions

The seller undertakes to send the device being sold restored, removed from the iCloud contact ("find my iPhone") and so that the same can avoid damage, breakage, injury during transport. Such damage, if any, will remain the full responsibility of the seller and no exceptions can oppose the company Smart Generation srl. By virtue of this, it is recommended to send the device in addition to the original packaging, in a second box, on which to affix the precise data of the sender. However, the affixing of labels or adhesive tapes directly on the original product packaging should be avoided in all cases.

13. Indemnity for damage during shipment

Seller expressly indemnifies Smart Generation srl from any liability with respect to damage caused by tampering, carelessness, malice, during shipment of the device from Seller to Smart Generation srl and vice versa.

Exceptions to the proposed device for sale

14. Functional testing and possible variations

The seller expressly agrees that the device he offers for sale will be subjected to functional tests. Following the results of these tests, the company Smart Generation Ltd. reserves the right to notify the seller, within 48 hours after the end of the tests, of its disagreement with the purchase, possible variation of the initial evaluation or confirmation of purchase of the same.

15. Noncompliance and expenses

The seller acknowledges and expressly agrees that the offer to sell his device may be unsuccessful because the device does not conform to the description made. In such case, the costs of both shipping and returning the product and any further charges will be placed solely on the seller.

16. Notice of variation or dissent

The dissent of the company Smart Generation Ltd. to the purchase or the change of evaluation will be communicated to the seller by e-mail.

17. Acceptance of variations

The seller may accept the variation and confirm the sale, in which case the company Smart Generation Ltd. will reclaim the amount due as better indicated in Article 19.

18. Damages and returns

In the event that the device is damaged or does not comply with the characteristics indicated, the seller must make it possible to return the same within 5 working days of receipt of the notice of non-compliance of the device. If the return of the used device is not possible, for reasons attributable to the seller, such as to prolong the procedure beyond 5 working days, the customer must pay the sum of €3.00 per day to cover delays and costs of storage incurred. The days will be calculated, in this case, from the day following the day of the first shipment.

Methods of payment

Right of withdrawal

19. Device payment

By signing the private contract of sale and purchase, the company Smart Generation srl undertakes to make payment for the device, should it consider purchasing it, by means of bank transfer to IBAN communicated by the Seller.

20. Withdrawal from the contract

The Vendor may withdraw from this contract before the device is sent to Smart Generation Ltd. Such notice may be sent by e-mail to amministrazione@vendiusato.com. Once the aforementioned notice of withdrawal has been received, Smart Generation srl will, within 24 hours, notify the Seller of all the information necessary to close the sales procedure.

21. Performance of obligations

The parties undertake to fulfill exactly their obligations as deduced in this contract of sale and those arising from each individual sales order and, therefore, to perform them in good faith with the diligence required by the nature of the obligations, to the performance of which they have obligated themselves, observing the criteria of fairness.

Applicable law

22. Legislation and jurisdiction

The sales contract between the seller and Smart Generation srl is concluded in Italy and governed by Italian Law. For the solution of civil and criminal disputes arising from the conclusion of this contract of sale at a distance, if the Customer is a consumer, the territorial jurisdiction is that of the court of reference of his town of residence; in all other cases, the territorial jurisdiction is exclusively that of the Court of Messina.

Privacy

23. Processing of personal data

All data communicated by the data subjects, are processed exclusively for fulfillments related to the services provided according to the activity provided, in particular: for inclusion in the records of the company's computerized databases; for the processing of internal statistics; for the maintenance of ordinary accounting and VAT; for the management of receipts and payments; to meet the obligations required by the law, regulations, EU legislation, civil and tax regulations.

24. Security and data management

The processing will be carried out with manual and automated systems suitable for storing, managing and transmitting the data themselves, with logic strictly related to the purposes themselves, based on the data in our possession and with the commitment on the part of the customer to promptly communicate any corrections, additions and/or updates.

25. Necessity of the data

As part of the described processing, it is necessary to know and store information related to personal data, tax code, VAT number, accounting data. Any non-disclosure, or otherwise erroneous, of any of the information indicated has as its emerging consequences: the inability of the owner to guarantee the congruity of the processing itself to the contractual agreements for which it is performed; the possible mismatch of the results of the processing itself to the obligations imposed by the fiscal, administrative or labor regulations to which it is addressed.

26. Rights of the data subject

At any time the customer may exercise his or her rights against the data controller, pursuant to Article 7 of Legislative Decree 196/2003.

27. Electronic communications.

Smart Generation srl and Seller expressly agree to receive through the non-certified or certified e-mail service those communications for which a different specific form is not required by this contract.

28. Consent to receive advertising materials

The seller expressly manifests his consent to receive advertising material at his address, mobile number, fax, email.

Seller's failure to disclose

29. Delivery of property

If the seller no longer responds to communications aimed at finalizing the case, after 90 days from the time of receipt of the goods at Smart Generation Srl the latter will automatically pass to the ownership of the promising buyer company and no more payment of the previously agreed amount will be due to the seller.

Seller's failure to accept

30. Reshipment costs

If the seller does not accept, due to negligence in data compilation or failure to report malfunctions, the change in the amount of the evaluation provided, the reshipment of the goods will be borne by the seller. The reshipment costs amount to 15.00€ including VAT each way (round-trip) in case of evaluation of smartphones, tablets, smartwatches, laptops, consoles, accessories; or 30.00€ including VAT each way (round-trip) in case of evaluation of desktop or all-in-one computers, displays.

Privacy Policy

GDPR (Regulation 679/2016) Effective Date - 25/05/2018

SMART GENERATION SRL, owner of the website vendiusato.com.

This page informs you of our policies regarding the collection, use, and disclosure of personal data when you use our Service and the choices you have associated with that data.

We use your information to provide and improve the Service. By using the Service, you agree to the collection and use of information in accordance with this Policy. Unless otherwise defined in this Privacy Policy, the terms used in this Policy have the same force as our Terms and Conditions.

Definitions
Service
The Service is the vendiusato.com website operated by SMART GENERATION SRL

Personal Data
Personal Data is the data of a living individual who can be identified from that data (or from that and other information in our possession or that may come into our possession).

Usage data
Usage data is the automatically collected data generated by the use of the Service or the infrastructure of the Service itself (e.g., the duration of a page visit).

Cookies
Cookies are small files stored on your device (computer or mobile device).

Collection and use of information
We collect different types of information for various purposes to provide and improve our service.

Types of Data Collected
Personal Data
While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you ("Personal Data"). Personally identifiable information may include, but is not limited to:

  • Email address
  • First and last name
  • Phone number
  • Address, state, province, zip code, city
  • Cookies and Usage Data
  • Usage data

We may also collect information about how you access and use the Service ("Usage Data"). This Usage Data may include information such as your computer's Internet Protocol address (e.g., IP Address), browser type, browser version, the pages of our Service that you visit, the time and date of your visit, time spent on those pages, unique device identifier, and other diagnostic data.

Tracking; cookie data

We use cookies and similar tracking technologies to track activity on our Service and retain certain information.

Cookies are files with a small amount of data that may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. Other tracking technologies also used are beacons, tags and scripts to collect and track information and to improve and analyze our Service.

You can ask your browser to refuse all cookies or to indicate when a cookie is sent. However, if you do not accept cookies, you may not be able to use some parts of our Service.

Examples of cookies we use:

Session cookies. We use session cookies to administer our service.
Preference cookies. We use preference cookies to remember your preferences and various settings.
Security cookies. We use security cookies for security reasons.
Use of data
SMART GENERATION SRL uses the collected data for various purposes:

To provide and maintain our Service
To notify users of changes made to the service we offer
To enable users to enjoy interactive features of our service at their own discretion
To provide service to customers
To collect valuable analysis or information so that we can improve our Service
To monitor the use of our Service
To detect, prevent and address technical problems
Data Transfer
Your information, including Personal Data, may be transferred to - and maintained on - computers located outside your state, province, nation or other governmental jurisdiction where data protection laws may be different from those of your jurisdiction.

If you are located outside of Italy and choose to provide information to us, please note that we transfer data, including personal data, to Italy and process it there.

Your consent to this Privacy Policy followed by the submission of this information represents your consent to the transfer.

SMART GENERATION SRL will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer of your Personal Data will be made to any organization or country unless there are adequate controls over your data and other personal information.

Disclosure of data
Legal requirements
SMART GENERATION SRL may disclose your Personal Data in good faith, believing that such action is necessary to:

Complying with a legal obligation
Protect and defend the rights or property of SMART GENERATION SRL
Prevent or investigate possible wrongdoing in connection with the Service
Protect the personal safety of Service users or the public
Protect against legal liability
Data Security
The security of your data is important to us, but remember that no method of transmission over the Internet or method of electronic storage is secure at 100%. Therefore, although we will take every commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.

Service providers
We may employ third-party companies and individuals to facilitate our Service ("Service Providers"), to provide the Service on our behalf, to perform services related to the Services, or to help us analyze how our Service is used.

Third parties have access to your Personal Data only to perform these activities on our behalf and are obligated not to disclose or use it for any other purpose.