Buyback General Terms and Conditions

Last update : November 2022


Article 1. Scope

These General Conditions of Sale (hereinafter the “GTC”) apply to all sales concluded between the company ASMARTWORLD SRL having its registered office at 24 Rue de Rixensart at 1332 Genval – Belgium, and registered in the Commercial Register under the number 0699736521 (hereafter: the “Company”) and customers (hereafter: the “Client(s)”) through the ObyO mobile application, owned by the Company.

By selling a smartphone/tablet, the Customer (individuals only) certifies that he is at least 18 years old and is capable of entering into contracts, or that he has received parental authorization to enter into a sale s he is a minor.

The language of the contract is English.

These T&Cs apply to the exclusion of all other conditions and are accessible at any time on the website https://www.obyo.co and shall prevail, where applicable, over any other earlier version or any other document.

The Company reserves the right, and at its sole discretion, to modify the T&Cs at any time.

In the event of modification of the GCS, the GCS applicable to the sale will be the GCS in force at the time of the validation of the sale by the Customer on the ObyO application. The Customer is therefore advised to regularly consult these general conditions. The substance of any Contract entered into in accordance with the terms of the previous Conditions will remain in force.

Any sale made to the Company implies unreserved and unconditional acceptance of the provisions of the GCS. Failure by the Company to insist on strict performance of the obligations under these Terms, or failure by the Company to exercise certain rights or remedies given to it by these Terms, will not constitute a waiver of such rights. or remedy and shall not exempt the Client from complying with these obligations.


Article 2. Purpose of recovery service

ASMARTWORLD SRL offers on the ObyO application, the trade-in service which consists of buying, from individuals (the customer), a smartphone or tablet.


Article 3. Products that can be resold as part of the take-back service

  • 3.1. 3.1 This service is limited to the following products: mobile phone and tablet
  • 3.2. 3.2 In addition, the customer understands and accepts that he cannot offer for trade-in products (a) whose marketing or sale violates applicable national or international laws, treaties, directives or regulations, in particular (i) because of their fraudulent nature (in particular resulting from theft, concealment or illegal import), or (ii) because of an infringement of the rights of a third party, including an infringement of intellectual property rights ( for example counterfeiting), or a violation of selective or exclusive distribution networks or (b) showing non-compliance with the regulations in force relating to the safety and health of persons applicable to certain products, (c) non-European products and/ unlocked products and/or products connected to a user account.


Article 4. First buyout offer

The initial buyout offer, in the app, is made based on the results of tests performed in the app by the user. The value may be reduced upon receipt of the product by the company :

  • – If the customer has not disconnected their iCloud, Google or any other personal account, as well as any code that may limit or prevent the company’s access to the content of the product.
  • – If Face ID or Touch ID is not functional
  • – If the device is not in very good aesthetic condition (if a change of screen, rear face or contours) is necessary for the company to put the device back into circulation.


Article 5. Sending the product to the company

The customer who accepts a first buyback offer in the ObyO application undertakes to :

  • 5.1. Send the product he sells to the company within 7 days by packaging the product himself and using the transport voucher made available free of charge as an attachment to the email received on the email address provided by the customer in the ObyO application, which he must then print and affix to his package before sending everything to the company without paying the shipping costs;
  • 5.2. It is specified that the Individual takes care to package the product in an appropriate manner in order to guarantee the integrity of the product and the risks associated with sending the product are the responsibility of the Individual.


Article 6. Receipt of the proceeds by the company and possible second offer to buy back

Upon receipt of the product and, after functional and aesthetic analysis of the latter, two situations may arise :

  • 6.1 The product received by the company does not have a personal account, is in very good aesthetic condition and does not have a Face ID or Touch ID problem, the company then has a period of 10 (10) calendar days to carry out the payment of the price of the product to the benefit of the customer on the bank account of the latter, it being specified that the effective time of receipt of the price by the customer will depend on the bank processing times.
  • 6.2 Le produit reçu par la société comporte un compte personnel, n’est pas en très bon état esthétique ou comporte un problème de face ID ou Touch ID et que la société peut démontrer cette ces éléments, alors
    • 6.2.1 La société dispose de cinq (5) jours calendaires pour formuler, par email, sur l’adresse email renseignée par le client dans l’application ObyO, une seconde offre de rachat qui annule et remplace la première. La société s’engage à formuler une seconde offre d’au moins un (1) euros, sauf dans les cas exceptionnels de Produits rooté/jailbreaké (i.e. appareil modifié pour pouvoir télécharger des applications ou des extensions qui ne sont pas proposées par une boutique officielle), hors Europe (i.e. appareil fabriqué pour fonctionner hors Europe), contrefaçon, téléphone blacklisté (i.e. appareil volé ou perdu dont le propriétaire a bloqué le numéro IMEI), ou greylisté (i.e. appareil bloqué par un opérateur réseau, suite à des factures impayées par exemple). Le client dispose alors de sept (7) jours calendaires pour accepter ou refuser la seconde offre de rachat via son compte client :
      • (a) In the event of acceptance of the second offer to buy back by the client, the sale is firm, the company becomes the owner of the product and must pay the price of the second offer it has formulated. The company then has a period of ten (10) working days to make payment of the price of the product to the benefit of the customer on the bank account of the latter, it being specified that the effective time limit for receipt of the price by the Individual will depend bank processing times.
      • (b) In the event of refusal of the second offer to buy back by the customer, the sale is deemed never to have taken place. The company which is the depositary of the product then undertakes to return it to the customer under the conditions of article 7.1 below.
      • (c) In the event of no reaction from the Individual within five (5) calendar days of the second redemption offer, the client will be deemed to have accepted the second offer under the conditions described in Article 7.3 below.
    • 6.2.2 In the exceptional cases of rooted/jailbroken Products, outside Europe, counterfeit, blacklisted or greylisted telephone, the Purchaser may indicate that he ultimately does not intend to purchase the product, and the sale is deemed never to have taken place. The Buyer then undertakes to return the product to the customer under the conditions of article 7.3 below.


Article 7. Important details on the payment and return of the product and the fate of the product in the event of non-compliance with the Conditions of the Return Service

  • 7.1 With regard to the return of a non-compliant product, in the event of refusal by the customer of the second redemption offer made by the company, the company undertakes to generate a return slip and to return the product to the customer at no later than two working days following the customer’s refusal.
  • 7.2 Regarding the return of a non-compliant product that the company does not intend to purchase (in the exceptional cases of rooted/jailbroken Products, outside Europe, counterfeit, blacklisted or greylisted telephone), in accordance with article 6.2.2 above, the return of the non-compliant product is at the sole expense of the customer. As such, if he wishes the company to return his product to him, the customer agrees to pay the cost of the return voucher to the customer no later than five (5) calendar days following notification to the customer that the company does not intend to purchase the product.
  • 7.3 In the event of a dispute over the return and/or receipt of the product by the customer following a return by the company, the latter undertakes to pay the customer the price appearing in the first redemption offer if it is not unable to provide proof that he actually returned the said product to the customer.
  • 7.4 In the event of receipt by the company of a damaged product or an empty package, the company must, within 2 days of receipt, inform the customer of the problem encountered. The customer must send the company within 3 calendar days proof that the product had been sent and was not damaged.