Legal

Buyback Terms and Conditions for Collections

This page is a translation provided for convenience. In case of discrepancy, only the French version is legally binding.

Happy Heroes SAS

Village des Voiles – 1 rue de l’Union
59520 Marquette-lez-Lille – France
SIRET: 942 586 504 00014
APE: 4765Z
Email: support@happy-heroes.fr

Clause 1: Eligibility and Legal Capacity of the Seller

1.1 Status and Capacity: The Seller declares and warrants that they are an adult natural person (having reached 18 years of age on the day of the transaction), with full legal capacity to contract. Happy Heroes reserves the right to request a copy of a valid identity document to confirm this eligibility.

1.2 Ownership and Origin of the Goods: The Seller certifies on their honour that they are the sole, lawful and exclusive owner of the items offered for sale. They warrant that these goods:

Are not encumbered by security interests or pledges.
Do not originate from any unlawful or fraudulent activity (handling of stolen goods, theft).
Are free of any third-party rights.

1.3 Non-Professional Use: The Seller acts exclusively as a private individual. They certify that the sale is not part of a commercial, professional or habitual activity, whether declared or not. Happy Heroes disclaims all liability in the event of the Seller's failure to comply with their tax or social security obligations.

1.4 Penalties for false declarations: Any false declaration concerning the identity or the ownership of the goods will result in the immediate cancellation of the transaction. Happy Heroes reserves the right to pass the information on to the competent authorities in the event of suspected fraud or handling of stolen goods.

Clause 2: Warranty of Ownership and Fight against Handling of Stolen Goods

2.1 Certification of Provenance: The Seller warrants on their honour that the goods offered are their exclusive property and that they do not originate, directly or indirectly, from an offence (theft, handling of stolen goods, breach of trust, misappropriation). The Seller releases Happy Heroes from all liability in the event of a dispute relating to the origin of the items.

2.2 Traceability and Identification: In accordance with the legislation in force on the sale of second-hand movable goods, Happy Heroes keeps an up-to-date police register (or second-hand dealer's register). Accordingly, the Seller agrees that their personal data (identity, address, type of identity document) will be kept and indelibly linked to the transaction and, where applicable, to the item's serial number.

2.3 Judicial Cooperation: Happy Heroes applies a "zero tolerance" policy towards fraud. The Seller is expressly informed that Happy Heroes:

Systematically cooperates with the police and gendarmerie services.
Will disclose, without prior notice, all name-related data, technical data (IP addresses, logs) and photographic data in the event of a judicial requisition or proven suspected fraud.
Reserves the right to block payment or to retain the item in the event of legitimate doubt as to its provenance, for the time needed to carry out the necessary checks.

2.4 Recourse and Compensation: Should Happy Heroes become the subject of legal proceedings or a seizure of goods due to a defect in the Seller's ownership, the Seller undertakes to compensate Happy Heroes up to the buyback value, plus administrative costs and any legal fees incurred.

Clause 3: Digital Estimate, Validity and Lapse

3.1 Nature of the Estimate: The price estimate generated via the Site's interface is purely indicative and in no way constitutes a firm purchase commitment on the part of Happy Heroes. It is based exclusively on the condition declarations (new, good condition, damaged, etc.) entered by the Seller under their sole responsibility.

3.2 Validity Period (14 days): The temporary purchase offer is valid for a period of 14 (fourteen) calendar days from validation of the estimate on the Site. This period runs until the physical receipt of the items by Happy Heroes (the delivery date of the parcel being conclusive).

3.3 Lapse and Automatic Revision: * After this 14-day period, the offer is subject to automatic lapse without prior formal notice. The Seller must submit a new valuation request based on the market rates on the date of the new request.

In the event of late receipt, Happy Heroes reserves the right to refuse the parcel or to propose a new buyback offer based on the valuation in force on the day of receipt.

3.4 Conformity Reservation Clause: The final buyback price will only be confirmed after physical and technical inspection of the items by the Happy Heroes teams. If the actual condition of the item does not match the declaration made during the digital estimate (e.g. micro-scratches, missing accessories, concealed malfunction), Happy Heroes will propose a counter-offer to the Seller or the return of the product at the Seller's expense.

Clause 4: Physical Inspection and Issuance of the Buyback Study

4.1 Inspection Process: Upon physical receipt of the items, Happy Heroes carries out a multidimensional inspection (aesthetic, mechanical, software and authenticity). The Seller expressly accepts that this inspection may require:

The removal of protective elements (films, cases, stickers).
Prolonged load and stress tests.
The opening of the item (if necessary to verify the absence of oxidation or non-compliant repairs).
Complete data reset (formatting).

4.2 The Buyback Study (The Contractual Document): At the end of the inspection, Happy Heroes issues a "Buyback Study" sent by electronic means. This document constitutes the only firm and final purchase offer. It details:

The conformity status found compared with the initial declaration.
The test report (checkpoints passed or failed).
The net amount offered for the buyback.

4.3 Evidentiary Value of the Findings: In the event of a discrepancy between the condition declared by the Seller and the condition found by Happy Heroes, the conclusions of the Buyback Study (supported if necessary by photos or internal technical reports) shall prevail between the parties. The Seller acknowledges that Happy Heroes' diagnostic tools are the sole reference for validating technical operation.

4.4 Response Period and Acceptance: The Buyback Study is valid for 72 business hours.

Acceptance: Validation by the Seller triggers the irrevocable payment process.
Refusal: In the event of refusal of the Buyback Study, the item will be returned to the Seller at their sole expense (including transport costs and flat-rate handling fees).
Silence: After this 72-hour period without a response, the offer is deemed refused and the product is made available to the Seller for return (at their expense).

Clause 5: Conformity, Inspection Discrepancies and Unilateral Deduction

5.1 Finding of Discrepancy: Happy Heroes reserves the exclusive right to revise the initial estimate if the physical inspection reveals undeclared defects, including but not limited to:

Aesthetic: Scratches, micro-scratches, impacts, yellowing, discolouration.
Technical: Oxidation, corrosion (leaking batteries), dead pixels, battery wear, non-original components.
Accessories & Packaging: Missing manuals, damaged or absent boxes, unofficial cabling.

5.2 Issuance of the Revised Offer: In the event of non-conformity, a reduced buyback proposal (the "Deduction") is sent to the Seller via the Buyback Study. This deduction is calculated according to an internal price grid for restoration or loss of collector's value.

5.3 Response Period and Lapse: The Seller has a period of 7 (seven) business days from the sending of the revised offer to:

Accept the offer: Payment is then triggered on the basis of the new amount.
Refuse the offer: The item is returned to the Seller at their sole expense (shipping costs + flat-rate handling fees, the amount of which is indicated to you with the buyback offer).

5.4 Automatic Return Clause (Seller's Silence): Failing a response from the Seller within the 7-business-day period, the buyback offer is deemed refused. As Happy Heroes is not intended to provide free storage of third-party goods, the item will be automatically returned to the Seller, subject to prior reimbursement of the inspection and shipping costs.

5.5 Non-Acceptable Items (Waste): If the item is deemed unusable, counterfeit or economically irreparable, Happy Heroes will refuse any buyback. The Seller must then pay the return costs or expressly authorise Happy Heroes to dispose of the item (recycling) without compensation.

Clause 6: Right of Refusal and Zero Tolerance for Counterfeits

6.1 Sovereign Right of Refusal: Happy Heroes reserves the discretionary right to refuse the purchase of any item deemed non-compliant with its quality standards or "collectability". This refusal may occur even if the item was the subject of a prior digital estimate, in particular in the event of:

Excessive deterioration (persistent odours, nicotine traces, insect infestations, moisture).
Unauthorised modifications (amateur soldering, "aftermarket" cases, non-original components).
Saturated market or absence of a commercial outlet at the time of receipt.

6.2 Fight against Counterfeiting (Unofficial Items): Happy Heroes only buys back original and authentic products. Any item identified as a counterfeit, an unofficial reproduction ("repro"), an undeclared "cartmod" or a product infringing the intellectual property rights of manufacturers (Nintendo, SEGA, Sony, etc.) will be systematically rejected.

6.3 Procedure in the Event of Suspected Fraud: In the event of serious doubt as to the authenticity of an item, the Seller expressly accepts the following measures:

Retention for inspection: The item may be held for a period of 30 days in order to carry out in-depth tests or to consult third-party experts.
Seizure and Reporting: In accordance with the French Intellectual Property Code (Code de la propriété intellectuelle), Happy Heroes will carry out no return of counterfeit products. These may be handed over to the competent authorities or destroyed in order to remove them permanently from the market, without any indemnity or compensation being due to the Seller.

6.4 Fraud Case Processing Fees: Any attempt to introduce counterfeits into the Happy Heroes buyback channel will result in the charging of flat-rate case fees of €50, intended to cover the inspection time and the administrative steps undertaken.

Clause 7: Return Costs, Handling Fees and Right of Retention

7.1 Bearing of costs: In all cases where the transaction is not completed (refusal of the Buyback Study by the Seller, refusal to purchase by Happy Heroes for non-conformity, or lapse of the offer), all return costs are to be borne exclusively and definitively by the Seller.

7.2 Details of Applicable Costs: The return of the item is subject to the Seller's prior payment of a flat-rate sum comprising:

Return shipping costs: calculated according to the carrier's current rates (including mandatory ad valorem insurance).
Handling and inspection fees: a flat fee per parcel, the amount of which is indicated to you with the buyback offer, intended to cover the technical time spent testing, diagnosing and repackaging the items.

7.3 Contractual Right of Retention: In accordance with Article 1948 of the French Civil Code (Code civil), Happy Heroes exercises a right of retention over the items received. Consequently, no item will be reshipped to the Seller until the costs mentioned in point 7.2 have been paid in full and actually received.

7.4 Claim Period and Abandonment of Ownership: The Seller has a period of 30 (thirty) calendar days from notification of refusal to pay the return costs.

After this period, and following a formal notice that remains unsuccessful, the Seller will be deemed to have abandoned ownership of the items in favour of Happy Heroes.
Happy Heroes may then freely dispose of the products (resale to cover costs, recycling or donation to a charity), without the Seller being able to claim any indemnity.

Clause 8: Legal Obligations, Police Register and Identification of the Seller

8.1 Compliance with the Criminal Code: Pursuant to Article 321-7 of the French Criminal Code (Code pénal), Happy Heroes is required to keep a police register (physical or digital) identifying each seller of second-hand movable goods. Consequently, the conclusion of any transaction is strictly conditional on the Seller providing a front-and-back copy of a valid official identity document (National Identity Card, Passport or Residence Permit).

8.2 Suspension of the Transaction: Failing production of this document, or in the case of an illegible, altered or expired document:

The transaction is immediately suspended.
Payment of the buyback is blocked indefinitely, until the file has been fully regularised.
The item is kept in our warehouses at the Seller's sole expense and risk.

8.3 Accuracy of Information: The Seller certifies that the information provided (Surname, First name, Address, Date of birth) is strictly identical to that shown on the identity document supplied. Any discrepancy will result in refusal of the transaction and the item being made available for return at the Seller's expense (in accordance with Clause 7).

8.4 Reporting to the Authorities: The Seller is informed that Happy Heroes reserves the right to report to the competent authorities any systematic refusal to provide an identity document or any attempt to present falsified documents, in accordance with its duty of vigilance in the fight against the handling of stolen goods and money laundering.

8.5 Data Protection (GDPR): The data collected under the Police Register are kept for the legal period of 6 years (Art. R321-8 of the French Criminal Code (Code pénal)). They are strictly reserved for the use of the judicial and police authorities in the event of a requisition and are not subject to any third-party commercial use.

Clause 9: Archiving, Legal Registers and Data Retention

9.1 Police Register: In accordance with the provisions of the Criminal Code (Art. 321-7 et seq.), the Seller's name-related information as well as the technical details of the items bought back are mandatorily recorded in Happy Heroes' police register. This register, whether physical or digital, is numbered and initialled by the competent authorities (Police Station or Town Hall).

9.2 Legal Retention Period: The Seller is expressly informed that their identification data (copy of identity document and contact details) and the description of the transactions are kept for a period of 6 (six) years, in accordance with Article R321-8 of the Criminal Code. After this period, and unless otherwise required by law, the identity data are deleted or anonymised.

9.3 Purpose of Retention: This retention has the following exclusive purposes:

The traceability of second-hand movable goods.
The prevention of and fight against handling of stolen goods, theft and fraud
Responding to judicial or administrative requisitions.

9.4 Data Protection (GDPR): Happy Heroes undertakes to implement enhanced technical and organisational security measures to guarantee the confidentiality and integrity of this sensitive data. This information is not subject to any commercial exploitation, resale or transfer to third parties, other than the police and judicial authorities in the course of their duties.

9.5 Seller's Rights: In accordance with GDPR regulations, the Seller has a right of access and rectification. However, the Seller acknowledges that the right to erasure cannot be exercised over the data recorded in the Police Register before the expiry of the 6-year legal period, by reason of an overriding legal obligation.

Clause 10: Payment Terms and "Happy Heroes" Wallet

10.1 Triggering of Payment: Payment is only ordered once the following three conditions have been met cumulatively:

Final validation of the physical inspection (Acceptance of the Buyback Study).
Validation of the conformity of the identity document (Police Register).
Expiry of the legal withdrawal periods, where applicable.

10.2 Processing Times: Happy Heroes undertakes to initiate payment within an average of 72 business hours following final validation. The Seller acknowledges that interbank times (SEPA transfers) are independent of Happy Heroes and may extend the time taken for the funds to actually be received.

10.3 Payment Options: The Seller must choose their payment method when validating the Buyback Study. This choice is irrevocable:

SEPA transfer: Made exclusively to a bank account in the Seller's first and last name (provision of a bank details slip (RIB) is mandatory).
"Happy Heroes" Wallet Credit: Immediate credit to the Seller's customer account. This payment method includes an Increased Buyback Bonus (its rate is indicated to you with the offer, relative to the net price).

10.4 Operation of the Wallet: * The Wallet credit constitutes a credit note that cannot be refunded in cash.

It is strictly personal, non-transferable and may be used exclusively for the purchase of products on the Site or in the Happy Heroes shop.
In the event of closure of the customer account by the Seller, any unused sums in the Wallet will be permanently lost, unless otherwise provided by law.

10.5 Transaction Security: Happy Heroes reserves the right to suspend any payment in the event of suspected fraud, identity theft or bank details that do not match the Seller's identity as declared in the Police Register.

Clause 11: Transfer of Ownership and Irrevocability of the Sale

11.1 Time of Transfer: The transfer of ownership of the item to Happy Heroes is deemed firm, final and irrevocable upon validation of the payment order by Happy Heroes' departments (closure of the inspection file). This transfer entails the immediate passing of risk and full enjoyment of the goods to Happy Heroes.

11.2 Waiver of Right to Follow: By validating the Buyback Study and accepting payment (transfer or wallet credit), the Seller expressly acknowledges that they:

Definitively waive any right of ownership, possession or right to follow over the item.
Cannot demand the return of the goods, for whatever reason (regret, better subsequent offer, etc.).

11.3 Unavailability of the Item: Once the transfer of ownership is completed, Happy Heroes is free to dispose of the item at its sole discretion (resale, inclusion in stock, dismantling for parts, refurbishment or recycling). The Seller is informed that the item may be put back on sale or transformed immediately after payment, making any return physically or legally impossible.

11.4 No Withdrawal Period: In accordance with Article L221-28 of the French Consumer Code (Code de la consommation), the right of withdrawal does not apply to contracts for the supply of goods whose price depends on fluctuations in the financial market (which includes collectibles, retro gaming and second-hand tech). Consequently, the sale is firm and final upon its acceptance by the Seller.

Clause 12: Liability and Transfer of Transport Risks

12.1 Responsibility for Shipping: The Seller retains the status of "Principal" (shipper) with the chosen carrier. As such, they bear full responsibility and all risks linked to carriage (loss, total or partial theft, pilfering, breakage, damage) until actual signed delivery into the hands of Happy Heroes staff.

12.2 Packaging Obligations: The Seller undertakes to ship the items in rigid, secure packaging suited to the fragility of the products. Happy Heroes reserves the right to refuse any buyback or to apply a deduction if the item arrives damaged due to manifestly insufficient packaging.

12.3 Recommendations and Insurance: The Seller is strongly advised to use a shipping method with a tracking number and ad valorem insurance (at the actual value of the estimate). In the event of loss or damage by the carrier before delivery, the Seller must exercise their remedies directly against the carrier to obtain compensation. Happy Heroes cannot be held liable for any compensation for an item it has never received.

12.4 Reservations on Receipt: Upon arrival of the parcel, if the packaging shows visible signs of impact or opening (dented box, cut security tape), Happy Heroes reserves the right to:

Refuse the parcel from the carrier without opening it.
Issue precise and specific reservations on the transport document. In both cases, the Seller will be informed immediately so that they can start their compensation procedure with their provider.

12.5 Proof of Delivery: Only Happy Heroes' signature on the carrier's delivery slip is proof of receipt. "Delivered" tracking information on carriers' websites does not constitute enforceable proof of receipt if the parcel has not been physically handed over to our staff.

Clause 13: Security, Packaging Integrity and Packing Standards

13.1 Packing Obligation: The Seller is solely responsible for the physical protection of their items. Collectibles (gaming, cards, tech) require highly protective packaging necessarily including:

A rigid and sturdy container (double-wall cardboard recommended).
Internal wedging (bubble wrap, packing peanuts, polystyrene) preventing any movement of the object inside the parcel.
Specific protection for corners and fragile parts (screens, original game boxes).

13.2 Presumption of Packaging Defect: In the event of damage found when opening the parcel (breakage, denting, folding), and if the outer packaging shows no major damage attributable to the carrier, there is a presumption of insufficient packing. In this case, responsibility rests exclusively with the Seller.

13.3 Penalties for Non-Conformity: Any item received damaged due to packaging deemed non-compliant with Happy Heroes' standards will result, at Happy Heroes' choice, in:

Outright refusal of the buyback: The object is then made available for return at the Seller's expense.
A major deduction: Applied via the Buyback Study to compensate for the loss of collector's value or repair costs.

13.4 No Recourse: The Seller acknowledges that Happy Heroes is merely a consignee and not an insurer. Consequently, the Seller expressly waives any recourse against Happy Heroes for damage resulting from unsuitable packaging, the Seller being solely responsible for securing their shipment.

13.5 Proof of condition on arrival: Happy Heroes reserves the possibility of documenting by photograph or video the opening ("unboxing") of parcels with suspicious packaging. These materials shall be conclusive in the event of a dispute by the Seller.