# General Terms and Conditions of Use (“GTC”)
1. General provisions
Die Refurbed Marketplace GmbH
(“Refurbed”) operates an internet Platform (“Platform”) under the domain www.refurbed.com and all subdomains belonging to it, on which prepared Products of all kinds and other services (“Products”) can be offered and sold by sellers and other third parties (“Merchants”) and purchased by Customers (“Customers”); Merchants and Customers jointly (“Users”).
Apart from the provisions included here in 3, Refurbed provides only the technical framework conditions for the conclusion of contracts using the Platform. Refurbed itself does not become a contractual partner of the contracts concluded exclusively between Merchants and Customers. The fulfilment of the contracts concluded using the Platform therefore takes place exclusively between Users.
These GTC apply to all orders and legal transactions between Refurbed on the one hand and the Users of the Platform on the other hand. By using the Platform, the user declares his or her full consent to these GTC, the current version of which can be accessed at any time at https://www.refurbed.com/tos/.
General terms and conditions of Users, which provide for regulations deviating from these GTC or other contractual agreements between Refurbed and a user, shall only apply if Refurbed has expressly submitted to them in writing.
Refurbed reserves the right to change these GTC at any time and without provising reasons. Changes to the fees are only possible with the consent of the user. Such changes shall become effective two weeks after the user has been notified of the change to these GTC requested by Refurbed, unless Refurbed has received a written objection from the User by that time.
2. Provision of the Platform
Apart from the provisions included here in 3, Refurbed provides exclusively the technical possibility for the use of the Platform by the Users.
Contracts for the Products offered by the Merchants are concluded directly between the Merchant and the Customer, Refurbed expressly does not become a party to the contracts concluded between the Users. Participating Users are exclusively responsible for the fulfilment of the obligations arising from these contracts.
The details, in particular the essential features of the Products and services for the Users, can be found in the Product descriptions and the supplementary information on the Platform. Apart from the provisions included herein3, these are provided exclusively by the Merchants and are therefore not legally binding offers by Refurbed. Refurbed assumes no liability for the information of the Product itself, nor for prices, availability or delivery times.
3. Sale of Products through Refurbed
Refurbed also offers its own Products for sale on the Platform. The contract is concluded directly with Refurbed exclusively for the Products where Refurbed is indicated as seller on the Platform and Refurbed is responsible for the performance of these contracts.
4. Anmeldung und Nutzung
In order to be able to use the services of the Platform as a Merchant, the (potential) Merchant is obliged to register on the Platform and to create a “shop”/merchant account.
The possibility to register as a Merchant exists exclusively for business person within the meaning of §§ 1 to 3 of the Austrian Commercial Code (UGB). Refurbed is entitled, but not obliged, to check the Merchant’s status prior to registration. Refurbed reserves the right to demand proof of this status from the (potential) Merchant prior to and during the Merchant’s use of the Platform.
Prior to registration, a detailed initial meeting shall take place between Refurbed and the Merchant during which the suitability of the Merchant is assessed on the one hand and the qualitative requirements of Refurbed are presented in detail on the other. After Refurbed has determined the suitability of the Merchant, Refurbed shall send the Merchant the Merchant Guide, the Quality Charter and the General Terms and Conditions to the e-mail address provided by the (potential) Merchant.
Should the merchant agree to the qualitative standards of refurbed as well as the terms listed in the merchant’s guide, the merchant can register under the following link:https://apply.refurbed.io. By submitting his data within the scope of registration, the Merchant agrees to the validity and content of the GTC, the Merchant Guide and the Quality Charter.
After creating the “shop”/merchant account, refurbed shall send the Merchant the access data to the platform. Only then is the contract for the use of the Platform concluded between refurbed and the Merchant. refurbed is free to refuse the conclusion of the contract, in particular with regard to the Products to be offered by the Merchant.
The Merchant is obliged to notify refurbed of any data changes (e.g. company name, address) in writing or by email to the following address email@example.com without delay, but no later than two weeks after the respective change.
Merchants are obliged to keep the access data of the “shop”/merchant account secret and not to transfer it to any third party. Merchants shall immediately notify refurbed of any misuse and any other unauthorised use by third parties. Until receipt of this notice, any access and any action or use of services related to its “shop”/merchants account shall be attributed to the merchant.
The merchant is not permitted to use the platform to advertise Products that can be purchased outside the platform or to include such advertising measures (e.g. flyers) in the shipping package.
5. Registration and use for Users
Customers have the option during an order process to create a Customer account and thus use the platform.
In order to do so, customers are required to select a product of their choice, click on the button titled “Order Now” and proceed to enter the data requested. Prior to placing a binding order, the customer has the option to amend or delete the data requested, or terminate the registration or purchasing process by closing the browser window or clicking on the back button.
By pressing the button “Order with obligation to pay”, a Customer account is automatically created and consent to these GTC is given. However, this does not constitute a contract between the Merchant and the Customer. The Customer thus only makes an offer to the Merchant, which refurbed (as an intermediate) forwards to the Merchant. The Merchant decides independently whether to accept the offer. The contract between the Customer and the Merchant is concluded by dispatch of the ordered Products.
Every Customer is obliged to keep the data of the Customer account secret and not to pass it on to any third party. Each Customer shall immediately notify refurbed of any misuse or other unauthorised use by third parties. Until receipt of this notification, each access and each action or use of services in connection with the Customer account shall be attributed to the Customer.
The particulars of the order process are determined by the individual merchants. All information that is required as part of any given order is transmitted via email and partly automated. It is the user’s responsibility to make sure his email address is correct and up-to-date and that technical
glitches or the SPAM filter do not impede the communication process.
6. User account management, termination
The contract for the use of the platform is concluded for an indefinite period.
refurbed has the right to temporarily block a Merchant or to terminate the contractual relationship with a Merchant at any time with immediate effect and to delete the Merchant’s account if the Merchant publishes illegal content or content that violates the GTC on the platform. All of the above shall also apply in the event that a Merchant fails to fulfil its obligations towards refurbed or towards14 the Customers, in particular those under point of these GTC.
In the event of unlawful conduct or conduct by Customers in breach of the GTC, refurbed may also temporarily block customer accounts or terminate the contractual relationship and permanently delete their account.
refurbed will take the legitimate interests of the User into account when selecting the measures and justify the blocking or termination of the User in written form.
The user can ask for the user account to be deleted at all times by sending a written request to refurbed (i.e. via email).
The right of extraordinary termination of contract by both parties remains unaffected.
7. Prices and payment options for Customers
The mere use of the platform is free of charge for Customers.
All payments for Products shall be made via the payment service providers (i) Stripe or (ii) PayPal depending on the payment option offered by the Merchant and the choice of the Customer.
Unless otherwise stated in the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.
The prices listed in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes.
8. Prices and billing option for Merchants
The Merchant pays refurbed a commission for each Product sold via the platform. The amount of the commission is based on the respective current price list as part of the Merchant Guide. refurbed reserves the right to change the commission or the scope of services at any time. The amount of the commission is based on the respective current price list as part of the Merchant Guide. refurbed reserves the right to change the commission or the scope of services at any time. The Merchants have the option to terminate the contractual relationship with refurbed within these 30 days. If the Merchant does not exercise the right of termination by the time the amendments become legally effective, the amendments shall be deemed to have been effectively agreed. Products already listed on the platform at the time of the legal effect are also affected by the changes.
The prices quoted by refurbed to the Merchants in the current price list represent final prices. They include all price components including all applicable taxes.
The merchant will receive an invoice per email at the end of each calendar month, which can also be accessed and downloaded by logging into the merchant interface. This invoice covers all sales that took place during the applicable time period. Contracts from which a Customer lawfully withdraws in accordance with the relevant provisions of consumer protection law are not subject to commission. Any overpayments or underpayments will be settled in the following month.
Depending on the provider, the commissions are processed as follows:
(i) in case of Stripe, the commissions will be directly retained by refurbed, with the gross selling price, including shipping, being transferred to the merchant within the time period stated in the merchant’s guide;
(ii) in case of PayPal and Cashpresso, the selling price, including shipping, will be transferred directly to the merchant. The due commission will be invoiced to the merchant 45 days after the end of the calendar month and is to be settled within 14 days.
In the event of default in payment, the Merchant shall be charged the statutory default interest pursuant to § 456 UGB. Furthermore, the Merchant shall reimburse all late payment and collection fees as well as lawyer’s and court costs incurred for the enforcement of such claims.
Merchants are forbidden from circumventing the commissions structure of refurbed. Sales as well as follow-up sales that circumvent the refurbed platform, but were initiated on refurbed, are subject to the commissions structure as outlined in the merchant’s guide. In case a merchant receives a request via the refurbed mail-system about the sale of products outside of the platform, the merchant is obliged to notify refurbed and forward said request at once.
9. Vouchers and discounts
refurbed reserves the right to use vouchers and/or discounts to advertise any of the merchant’s products or product categories.
As part of the voucher and/or discount campaign, customers can purchase the products on refurbed at a lower price.
Any decrease in revenue can either be offset against the commission payable to refurbed or transferred directly to the merchant. Positive balances that are not offset through commissions within three months are paid out directly to the merchant.
refurbed provides the online platform with an availability of 99%.
The availability stated above excludes downtimes due to server maintenance as well as all downtimes that refurbed is not responsible for. Standard server maintenance is carried out on Sunday from 02:00 to 06:00.
11. Content usage rights
Most of the content on this website is protected by copyright law or other regulations pertaining to intellectual property, and is owned by refurbed, its users or third parties. The collection of content in a databank is covered and protected by 87 a UrhG. Users may only utilize the content within the confines of the terms of service as well as other terms that govern the use of this platform.
By submitting content, users grant royalty-free and transferable rights of use without any restriction to refurbed with regards to said content, notably.
to store the content on a refurbed server and to publish it, to make it available to the public by integrating the content into the platform as well as in newsletters, blogs and refurbed’s social media channels; and
to process and reproduce if this is deemed necessary for the publication of the content, such as in the case of newsletters, blogs and refurbed’s social media channels.
When a user removes the content originally provided by him from the platform, refurbed’s right of usage and transfer expires. However, for reasons of security and verification, refurbed retains the right to store copies of the content. Previously acknowledged rights of other users to the content given by the original user remain unaffected.
It is forbidden to extract and/or reproduce any part of the platform without prior written consent by refurbed. In particular, data mining, bots or other data-gathering or data-extraction applications that are used to replicate parts of the platform may only be used after explicit written consent has been granted by refurbed. Prior written consent by refurbed is also required when creating and/or publishing a databank that contains substantial elements (i.e. pricing and product information) from the refurbed platform.
12. Responsibility for content and release from liability
The platform may not be used for offering, distributing or selling goods or services, the acquisition of which is prohibited by law, violates the rights of third parties (e.g. copyrights) or offends common decency as well as the content of these GTC. In particular, the sale of the following Product groups is also prohibited:
-weapons and weapon accessories (including replicas), ammunition, hand grenades (including replicas), stun guns, taser or similar devices;
-pepper spray / CS gas products of similar nature;
-products with pornographic or adult-only content, including any product that comes with an age restriction of 18+ or is deemed to be not suitable under youth protection acts of the relevant country;
-products that are used to consume cannabis or other drugs, such as bongs or chillums;
-tobacco products, such as cigarettes, cigars, shisha tobacco, cigarette tobacco or similar products; and
-products that contain symbols or depictions which offend religious groups, are against the law or infringe on the personal rights of third parties.
refurbed does not assume responsibility for checking a merchant’s content published on this website for legal infringements. The accuracy, completeness and legality of the content is the sole responsibility of the applicable merchant. In particular, refurbed has no control over content accuracy, completeness and quality that pertains to the merchant’s offer.
refurbed reserves the right to temporarily block or delete content published by Merchants if it contains illegal content or content that violates the GTC.
Users can publish user-generated content on this website. When doing so, users are obliged not to publish content that violates the rights of third parties (especially copyrights and trademarks) or that is illegal.
Refurbed does not assume liability – except the sale of Products according to provision 3 - for the accuracy or completeness of product listings, or any type of product-related information contained in the product catalogue, which is the sole responsibility of the merchant. The merchant can request rectification of information via email or per telephone.
refurbed is neither liable for the enforceability of a contract concluded via the platform between a Merchant and a Customer nor for the Products offered under warranty, damages, Product liability or other legal provisions.
refurbed is not responsible for any price fluctuations and changes of the Products offered by the Merchants on the platform. Therefore, there are no claims for benefits, a discount or similar on the part of the Customer against refurbed.
The user commits to indemnify and hold harmless refurbed in case refurbed is accused of violating civil or criminal law based on content that was published by the user. The indemnity also includes penalties, damages and all costs of legal defence and legal representation.
13. Right of withdrawal
Notwithstanding the possibility to have the user account terminated at any time in accordance with provision Error! Reference source not found. refurbed is legally obliged to inform Customers of their legal right of withdrawal. The Customers thus have the possibility to withdraw from the contract on the use of the platform with refurbed within 30 days from the creation of the User account without giving reasons by using the withdrawal form available under provision 19. The use of the withdrawal form is not obligatory.
There is also a right of withdrawal for Customers with regard to the Products sold by refurbed in accordance with provision 3. Customers have the option to withdraw from the contract for the Products sold by refurbed within 30 days from the date on which they or a third party other than the Merchant, and designated by them, took or have taken possession of the goods sold directly by refurbed, without giving any reason, by using the withdrawal form available under provision 19, whereby the use of the withdrawal form is not mandatory
In order to comply with the withdrawal term, it is sufficient that the notification of the exercise of the right of withdrawal is sent prior to the expiry of the withdrawal period.
If the contract is revoked, all payments, including the delivery costs (with the exception of additional costs resulting from the fact that a type of delivery other than the cheapest standard delivery offered was chosen), will be refunded without delay and at the latest within fourteen days from the day on which the notification of withdrawal of the contract was received by refurbed. The same means of payment that was used for the original transaction will be used for this repayment, unless expressly agreed otherwise; in no case will any fees be charged because of this repayment.
The Products received shall be returned or handed over to refurbed without undue delay and in any event no later than 30 days from the day on which the Customer has informed refurbed of the revocation of this contract. The deadline is met if the Products are dispatched before the 30-day deadline expires. The costs of the return shipment shall be borne by refurbed.
With regard to Products purchased from Merchants, provision 14.2 shall apply.
14. Obligations of the Merchant towards the Customer
The Merchant is responsible for the correctness and completeness of the content offered by him on the platform as well as the quality of the Products offered. In particular, the quality standards of the Products specified in accordance with the separately agreed Quality Charter shall be complied with.
Notwithstanding any statutory provisions that are more favourable to the Customer, the Merchant undertakes to grant the Customer a 30-day right of withdrawal for Products purchased via the platform. All statutory obligations to provide information and clarification and the like (in particular pursuant to the FAGG) as well as all associated consequences shall exclusively affect the Merchant and not refurbed.
Notwithstanding any statutory provisions that are more favourable to the Customer, the Merchant undertakes to grant the Customer a 12-month warranty for Products purchased via the platform. The Merchant undertakes to remedy all defects that have occurred within the warranty period through no fault of the Customer by repairing or replacing the appliance.
The Merchant undertakes to provide a professional support service in the respective national language for Customer enquiries.
All obligations that stem from the directive 2012/19/EU of the European Parliament and of the Council of 4 July 2012 on waste electrical and electronic equipment (WEEE) are the responsibility of the merchant. The merchant is solely responsible to comply with the directive and applicable law, while refurbed does not assume liability related thereto.
15. Liability on part of refurbed
If refurbed is found by law to be liable for damages, its liability is limited to intent and gross negligence. Any extended liability of refurbed, especially pertaining to slight negligence, atypical damage, lost revenue, damages and consequential damages caused by a defect as well as damages to third parties, is explicitly excluded. This is conditional to contrary mandatory provisions (i.e. consumer rights regulations).
refurbed does not assume liability for the compatibility of the internet service with hardware and software, for constant availability, for computer viruses, for abuse or damage as a result of improper use by the user due to inappropriate software or hardware, as well as malfunctions caused by the internet connection or the use of data or other online services. The user is also responsible for the use of links.
The Merchant is responsible for the proper payment of all applicable taxes. refurbed assumes no liability in this regard.
Liability on part of refurbed for damages due to force majeure (e.g. strike, war, earthquake, epidemics) shall be excluded.
If the User is an business person, refurbed’s warranty period shall be one year.
16. Assignment, right of retention and set-off
The cession of claims against refurbed to third parties is only permitted after prior written consent from refurbed. In particular, this applies to the transfer of a user account to a third party.
Users can only exercise the right of retention for claims that stem from the same contractual relationship. Merchants can only make use of the right of retention to offset against legally recognized counter claims.
17. Choice of law, place of performance, place of jurisdiction
The law of the Republic of Austria shall apply without conflict of provisions in the UN-Convention on Contracts for the International Sale of Goods. The principle of “most favourable condition” applies to consumers, meaning that rights granted by the laws of the country of habitual domicile or residence shall not be infringed upon.
Place of fulfillment and jurisdiction is the country of principal office of refurbed, as long as mandatory provisions and consumer protection laws do not state otherwise.
18. Final provisions
The invalidity of individual clauses does not affect the remaining clauses contained in the terms of service. In case a clause is deemed invalid, a different clause that most closely resembles the original economic and legal nature takes its place. This also applies for clauses that are deemed to be incomplete.
Information, data, documents, trade secrets, ideas, know-how, codes etc. (in short “information”) that the user obtains as part of his contractual relationship with refurbed, is shared on the basis of strict confidentiality, regardless of how it was shared (electronically, in writing etc.). This does not cover information which is in the public domain or which is explicitly labeled as non-confidential by refurbed. The user is forbidden from utilizing confidential information outside of the scope of the contractual relationship or to share it with third parties. The confidentiality remains effective even after termination of contract.
19. Withdrawal form
(If you wish to cancel the contract, please fill in this form and return it by post or email)
Refurbed Marketplace GmbH
I hereby withdraw from the contract concluded by me at _______________________ for the use of the platform provided at www.refurbed.at.
I hereby revoke the purchase subject to the contract concluded by me on __________________ for the purchase of the following goods _______________________________ which I received on ________________.
Address of the consumer:______________________________
II. Customer information
1. Identity of the platform operator
Refurbed Marketplace GmbH
Tel: +43 1 800 700 12 10
The European Commission provides a platform for out-of-court resolutions of
disputes (ODR), available under http://ec.europa.eu/.
2. Information on the effective conclusion of the contract
The technical steps required to conclude the contract, the actual conclusion of
the contract and means to amend or correct are stipulated in section 4 of the
terms of service (part 1).
3. Contract language, contract text records
The contract language is German.
refurbed does not store the complete contract text. Prior to completing the
registration, you can save or print the entire contract via the print or save
function of your browser or email tool.
After the registration request has been submitted to refurbed, we will transmit
the order details, legally required information on distance contracts as well
as the terms of service via email to the user.
4. Essential characteristics of the product or service
The essential characteristics of the product are stated on the product page.
5. Pricing and payment
All product prices as well as the shipping costs are total, meaning they
include all costs and taxes.
If not stated otherwise within the terms of the payment method, immediate
payment is expected after the conclusion of a contract.
6. Statutory warranty rights
Liability with regards to the services of refurbed is stipulated under
“Warranty and liability” within the terms of service (part 1).
7. Contract duration and termination
The duration of the contract and the option of termination are stipulated
within the terms of service (part 1).