Terms and Conditions

General Terms and Conditions of Use and Business (“GTCs”)

1. General Information

1.1.

Refurbed Marketplace GmbH (“refurbed”) operates an internet platform at www.refurbed.at, including all associated subdomains (the “Platform”), on which refurbished products and other services (the “Products”) may be offered and sold by sellers (the “Sellers”) and purchased by customers (“Customers”). Customers may be consumers or businesses. A “consumer” is any natural person who acts for purposes that predominantly are outside their trade, business, or profession. A “business” is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of its trade, business, or independent professional activity.

1.2.

These General Terms and Conditions (“GTCs”) govern the use of the Platform and apply to every natural or legal person who uses the Platform in any form, whether as a visitor or as a Customer (together, the “Users”).

1.3.

refurbed merely provides the technical framework for the conclusion of contracts between Users and the respective Sellers via the Platform (the “Purchase Agreement”). refurbed itself is not a party to these Purchase Agreements. The contracting party to each Purchase Agreement is exclusively the respective Seller, who is identified during the order process before the order is placed. The performance and fulfillment of the Purchase Agreement—including delivery, warranty, rescission/returns, as well as all other contractual and statutory obligations—are the sole responsibility of the Seller. refurbed does not assume its own performance obligations or liability in this regard, except with respect to its own intermediary and service offerings.

1.4.

Use of the internet services provided by refurbed on the Platform is subject exclusively to the GTCs in force at the time, which are available at https://www.refurbed.at/tos/. Please also note the Privacy Policy at https://www.refurbed.at/privacy/ and the Legal Notices at https://www.refurbed.at/rechtliche-hinweise/. By accessing or using the Platform, the Users accept the GTCs and enter into a contract with refurbed for the use of the Platform and for the intermediary and service offerings provided by refurbed (the “Platform Usage Agreement”). The separate Purchase Agreement for Products offered on the Platform is concluded exclusively between the Users and the respective Seller at the time the Users submit an order that is accepted, typically by order confirmation. refurbed is not a party to these Purchase Agreements; no additional contract with refurbed is concluded beyond the Platform Usage Agreement.

1.5.

General terms and conditions that deviate from these GTCs or from other contractual agreements with refurbed shall apply only if refurbed has expressly agreed to their applicability. For businesses, such consent must be given in writing.

1.6.

Refurbed Direct GmbH (“refurbed Direct”) and Refurbed Plus GmbH (“refurbed Plus”) are part of the refurbed group and act on the Platform as Sellers for add-ons and for the trade-in program (refurbed Direct) and as insurance intermediaries (refurbed Plus).

2. Availability of the Platform

2.1.

refurbed ensures that the availability of the Platform is as uninterrupted as possible. Interruptions over which refurbed has no influence—particularly necessary and non-deferrable maintenance work or technical faults (e.g., power outages, network disruptions)—remain unaffected.

3. Users

3.1.

Use of the Platform by natural persons requires full legal capacity. Persons who have not yet reached the age of 18 are excluded from using the Platform. Legal entities must act through authorized representatives.

3.2.

By completing the order process, the Users confirm that they have reached the age of 18, have full legal capacity or act through an authorized representative, and are aware of the legal consequences of providing false information.

4. Order Process

4.1.

To start the order process, the Users select the desired Product, click the “Continue” button, and enter the information required for the order. Before clicking the “Pay” button, entries can be checked, corrected, or deleted at any time. The order process can be canceled at any time by closing the browser window or using the “Back” function.

4.2.

Before clicking the “Pay” button, the Users are informed of the product-specific features provided by the Seller, the total price including all costs, the selected method of payment and delivery, as well as the terms and conditions applicable to the Purchase Agreement. By clicking the “Pay” button, the Users submit a binding purchase offer, which is transmitted to the Seller via the Platform. The Purchase Agreement is concluded exclusively between the Users and the respective Seller as soon as the latter accepts the offer, usually by order confirmation. refurbed is not a party to these Purchase Agreements; no additional contract with refurbed is concluded beyond the Platform Usage Agreement.

4.3.

The handling of the order process is carried out by the respective Seller. Processing of the order and transmission of all information required in connection with the conclusion of the contract take place by e-mail and are partly automated. Users must therefore ensure that the e-mail address provided is correct, that receipt of e-mails is technically ensured, and in particular that it is not prevented by spam filters.

5. Customer Account

5.1.

Users may create a customer account (the “Customer Account”) on the Platform at any time.

5.2.

Users are obliged to keep the data of the Customer Account confidential and not to disclose it to third parties. Any misuse or other unauthorized use by third parties must be reported to refurbed without undue delay upon becoming aware of it.

5.3.

For swift and smooth handling, it is recommended to send notices and requests to refurbed or the respective Seller via the communication functions provided on the Platform. Users may, however, also contact refurbed or the Seller through other communication channels provided by law.

6. Management of Customer Accounts, Termination, Complaints

6.1.
If objectively justified as a result of repeated or material breaches of contract or unlawful conduct, refurbed may temporarily suspend the relevant Customer Account under the Platform Usage Agreement. refurbed’s right to terminate the Platform Usage Agreement for cause, including the associated deletion of the Customer Account, remains unaffected where continuation of the contractual relationship would be unreasonable in the event of such violations.

6.2.
refurbed shall promptly inform the Users of any account suspension and state the reasons on which it is based.

6.3.
Users may have their Customer Account deleted at any time by notifying refurbed in text form (e.g. by e-mail).

6.4.
Users have the right to object to any measures taken under these GTCs or to any other matters related to the Platform and may submit complaints at any time. Objections and complaints may be addressed to refurbed by e-mail at dsacompliance@refurbed.com. refurbed shall review and respond to such objections and complaints in accordance with applicable law.

7. Delivery

7.1.
The Products ordered by the Users are delivered directly by the respective Seller. Delivery is made to the delivery address specified by the Users.

7.2.
The Sellers are obliged to deliver the Products without undue delay, but no later than 30 days after conclusion of the Purchase Agreement. To the extent that information provided via the Platform regarding dispatch or delivery indicates a faster delivery date, such information constitutes non-binding estimates unless a binding commitment has been expressly agreed with the Seller.

7.3.
For Purchase Agreements concluded between a Seller and a consumer, the statutory provisions on the passing of risk apply. For transparency, it is noted that the risk of loss of or damage to the Product generally passes to the consumer only once the Product has been delivered to them or to a person or storage location designated by them and distinct from the carrier. However, if the consumer has independently concluded or initiated the carriage contract without using a shipping option offered by the respective Seller, the risk passes to the consumer upon handover of the Product to the carrier. Where mandatory consumer-protection provisions of the law at the consumer’s place of residence provide for more favorable rules, such provisions shall prevail.

7.4.
Users are requested to report any transport damage to the respective Seller immediately upon receipt of the Product.

7.5.
If Users receive an empty parcel, they may expedite the process by requesting proof of weight from the shipping service provider. Otherwise, the outcome of the Seller’s investigation request must be awaited before taking further steps.

8. Product Prices

8.1.
The prices specified by the respective Seller in the offers already include shipping costs and represent total prices for the respective Product (for the service fee charged in parallel, see the following clause; for vouchers, see clause 12). They include all price components for the Product, including all applicable taxes. If shipping costs are not included, they will be shown separately.

8.2.
If bulky or large Products are shipped or returned, or if a (return) shipment requires the use of a freight carrier, Users shall bear the costs provided for by the Seller. Users will be informed of such costs separately by the Seller.

8.3.
The prices for the Products are shown including VAT. The addition “incl. VAT” refers to the VAT payable by the Seller and not to an amount of input tax deductible by the User. If one or more Products are subject to the margin scheme, VAT is not shown on the invoice. Products subject to differential taxation are indicated directly in the payment process.

9. Service Fee

9.1.
refurbed retains a service fee (including VAT) at the end of the order process. This service fee is already included in the total price displayed immediately before completion of the order. The service fee contributes to the proper operation of the Platform, particularly to maintaining the technical framework for a smooth order process and the continuous improvement of the offering. It also serves to ensure quality standards through regular spot checks of Sellers. In addition, the service fee is used to provide comprehensive customer support, which facilitates contact with Sellers where necessary, mediates in the event of problems between Users and Sellers, and offers a dedicated customer chat with direct refurbed contact persons.

9.2.
The service fee is calculated based on the total order/cart value before applying discounts or other price reductions. The exact amount of the service fee is displayed before the end of the order process. The amount of the service fee is as follows:

 • For an order value up to and including EUR 50.00: EUR 0.49
 • For an order value over EUR 50.00 up to and including EUR 100.00: EUR 0.99
 • For an order value over EUR 100.00 up to and including EUR 200.00: EUR 1.99
 • For an order value over EUR 200.00 up to and including EUR 300.00: EUR 2.99
 • For an order value over EUR 300.00 up to and including EUR 400.00: EUR 3.99
 • For an order value over EUR 400.00 up to and including EUR 700.00: EUR 4.99
 • For an order value over EUR 700.00: EUR 5.99

9.3.
All prices indicated prior to submission of the order include the applicable service fee, all taxes, and shipping costs (unless explicitly excluded). The service fee is displayed transparently as part of the total price during the order process. A separate indication of the service fee is provided for information purposes only.

10. Information on the Recommendation System and Prices

10.1.
When searching or browsing Products on the Platform, Users are shown results based on the respective product type (e.g. iPhone 13, red) or category (e.g. iPhone, laptop, tablet, mobile phone). The Products are displayed in a standard sort order according to popularity. Users may retain this default or adjust the sorting according to their individual preferences.

10.2.

Within each category, Users may choose from the following sorting options to display or adjust search results in the desired order:

·         Popularity is the default sort order. It shows the most relevant Products on the Platform, with Products of higher relevance generally shown at the top and those of lower relevance further down. refurbed takes into account the following key factors in selecting the results sorted by popularity, as these best indicate what meets Users’ needs:

·         sales history

·         price

·         availability

·         Price descending sorts Products by descending price, with the highest-priced Product at the top and the lowest-priced at the bottom.

·         Price ascending sorts Products by ascending price, with the lowest-priced Product at the top and the highest-priced at the bottom.

10.3.
In addition, Users may further narrow down the Product selection by applying filters. Filter options such as brand, price, and size are based on the available Product attributes.

10.4.
 refurbed does not use personalized data to determine the order of Products or Product badges.

10.5.
 When displaying a specific Product (e.g. iPhone 15) or Product variant (e.g. iPhone 15, 128 GB, Dual SIM, blue), refurbed ranks Product offers to ensure Users receive excellent value for money and a smooth User experience. The main factors are price, followed by the Seller’s Product quality, the speed and quality of customer service, and the Seller’s on-time shipping performance. For Products with multiple variants or configurations, variants are sorted according to the most popular options, such as color, condition, storage size, and other product-specific features (e.g. black, 128 GB).

10.6.
Rankings are determined without any preferential treatment of individual Sellers and are based exclusively on the objective factors mentioned above. For each Product, Users can view all available offers transparently by clicking the “All offers” link.

10.7.
Product badges highlight Products or offers to help Users find items they may like. refurbed provides the following badges to help Users identify attractive deals and avoid missing popular Products:

·          “Bestseller” highlights the best-selling Products in a given category. The main factor is the number of current and historical sales of the Product, including all available variants (e.g. color, storage capacity, etc.).

·         “Almost sold out” identifies Products with limited stock that will soon sell out (fewer than three items of a given product type and configuration).
 

·         “Best Deal” highlights Products offered at the lowest price in the past fourteen (14) days. The decisive factors are price and availability.

10.8.
The “New Price” (also “former price”) is the current price of a Product based on the average of all offers listed on an independent German-language price-comparison portal and is recalculated daily. It may be displayed as a crossed-out price.

10.9.
“Recommended for you” Products are those recently viewed by the User or identified from aggregated sales data showing which Products are popular among other Users.

11. Payment Methods

11.1.
Various payment methods are available to Users on the Platform. Payment processing is carried out via established payment service providers such as Stripe, Braintree, and Hyperwallet (a PayPal Group service) to ensure secure and efficient transactions.

11.2.
The supported payment methods (e.g., credit card, PayPal, instant bank transfer, installment payment) are displayed at the end of the order process. If Users select a Klarna payment method, processing is handled directly by Klarna, which acts as the controller under data protection law. Before completing the payment process, Users are separately informed of Klarna’s terms of use.

11.3.
refurbed transmits to the respective payment service providers only those personal data necessary for payment or payout processing (Article 6(1)(b) GDPR).

11.4.
Unless otherwise specified for individual payment methods or agreed separately, all payment claims arising from Purchase Agreements concluded via the Platform are due immediately upon completion of the order process.

12. Vouchers

12.1.
Subsequent payment or offsetting of vouchers is not possible. Only one voucher may be redeemed per order. Vouchers are non-transferable and may only be used once. Cash payment is excluded. If the right of return is exercised, only the reduced purchase price will be refunded. There is no entitlement to reimbursement or replacement of vouchers. Vouchers may not be combined with other discount promotions.

13. Copyrights of refurbed

13.1.
The content available on the Platform is protected by copyright or other intellectual property rights and is owned by refurbed or by the Seller who provided the respective content. The compilation of content on the Platform as such is protected as a database or database work within the meaning of copyright law.

13.2.
No parts of the Platform may be systematically extracted and/or reused without the express consent of refurbed. In particular, it is not permitted—without such consent—to use data mining, web crawlers (bots), or similar data collection and extraction programs to extract any part of the Platform for reuse, whether once or repeatedly. Similarly, it is prohibited without refurbed’s consent to create and/or publish an independent database containing substantial parts (e.g., prices or product information) of refurbed’s Platform.

14. Liability of refurbed and Warranty

14.1.
refurbed’s liability for damages is governed by statutory provisions. However, to the extent permitted by law, refurbed shall be liable for property and financial damage only in cases of intent or gross negligence. In the event of injury to life, body, or health, refurbed shall also be liable for slight negligence. This limitation of liability does not apply where mandatory statutory provisions provide otherwise.

14.2.
Under no circumstances shall refurbed be liable for delays or service failures caused by force majeure events that are beyond refurbed’s control (e.g., natural disasters, war, pandemics, official orders).

14.3.
The Purchase Agreement for Products is concluded exclusively between the Users and the respective Seller, who decides independently on the acceptance of the offer. refurbed provides support within the framework of the Platform service—such as assisting with contact to Sellers in connection with warranty or other claims—but cannot guarantee their enforceability. Any liability of refurbed (subject to clause 14.1) or other statutory obligations remain unaffected.

15. Responsibility for Content

15.1.
refurbed places great importance on ensuring that only Sellers with precise and complete product descriptions are admitted to the Platform. Product and service information—particularly regarding features, availability, and prices—is provided by the Sellers. Such information therefore does not constitute an offer from refurbed.

15.2.
The prices of the Products are determined by the respective Sellers. As Platform operator, refurbed endeavors to ensure transparent display of such prices, including all applicable taxes, fees, and delivery costs.

15.3.
Any liability of refurbed (subject to clause 14.1) or other statutory obligations remains unaffected.

16. Assignment, Right of Retention and Set-off

16.1.
The assignment of claims against refurbed to third parties is not permitted where refurbed has a legitimate interest in excluding such assignment. However, if the legitimate interest of the Users in the assignment outweighs refurbed’s interest, the assignment shall be permissible. Such outweighing is presumed in particular for assignments to consumer associations pursuant to § 29 of the Austrian Consumer Protection Act (KSchG), to litigation-funding companies, or to comparable organisations.

16.2.
Transfer of the Customer Account to another person is only permitted with the express prior consent of refurbed.

16.3.
Consumers may set off their own claims against refurbed’s claims if such claims are legally connected to their obligations or if the counterclaim has been finally adjudicated or acknowledged by refurbed. For businesses, set-off is permitted only with undisputed or finally adjudicated claims. The statutory right of retention remains unaffected for all Users.

17. Amendments to the Contract

17.1.
refurbed reserves the right to amend these GTCs for objective reasons (e.g. changes in statutory provisions, technical requirements, or an expansion of the range of services). The current version of the GTCs is always available on the Platform at https://www.refurbed.at/tos/ and applies to all Users with or without a Customer Account whenever the Platform is used. For Users with a Customer Account, significant amendments will be communicated by e-mail at least thirty (30) days before they take effect. If Users with a Customer Account do not object within this period, the amended GTCs shall be deemed accepted. Users will be expressly informed of this consequence in the notification. If an objection is lodged in due time, the Platform Usage Agreement shall continue under the previous conditions, without prejudice to refurbed’s right to terminate the contractual relationship with reasonable notice.

18. Choice of Law, Place of Performance, Jurisdiction

18.1.
Austrian law shall apply, excluding its conflict-of-laws rules and the United Nations Convention on Contracts for the International Sale of Goods (CISG). For contracts with consumers, this choice of law shall apply only to the extent that the protection afforded by mandatory provisions of the law of the state of the consumer’s habitual residence is not withdrawn (principle of favourability).

18.2.
For actions brought by businesses, the registered office of refurbed shall be the agreed exclusive place of jurisdiction.

19. Final Provisions

19.1.
The invalidity or unenforceability of individual provisions shall not affect the validity of the remaining provisions of these GTCs. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision that most closely reflects the economic and legal purpose of the invalid or unenforceable one. The same shall apply mutatis mutandis in the event of a gap in these provisions.

20. Right of Withdrawal

20.1.
Notwithstanding the possibility to delete the Customer Account at any time pursuant to clause 6.3, the Platform Usage Agreement may be terminated by the Users at any time.

20.2.
For Purchase Agreements with Sellers concluded via the Platform, consumers have a statutory right of withdrawal of fourteen (14) days from receipt of the goods. In addition, the Sellers voluntarily extend this withdrawal period to thirty (30) days. Withdrawal may be exercised without stating reasons, for example by using the withdrawal form available under clause 21. Use of the form is recommended but not mandatory. refurbed will forward the withdrawal declaration to the respective Seller without undue delay.

20.3.
To comply with the withdrawal period, it is sufficient that the notification of the exercise of the right of withdrawal is sent before the expiry of the withdrawal period.

20.4.
If a Purchase Agreement with a Seller is withdrawn, all payments must be refunded immediately and no later than fourteen (14) days from the day on which the Seller receives the notification of withdrawal. The same means of payment used for the original transaction shall be used for the refund, unless expressly agreed otherwise. Under no circumstances shall any fees be charged for such refund.

21. Withdrawal Form

(If you wish to withdraw from the contract, please fill out this form and return it by post or e-mail.)

Sample Withdrawal Form for the Use of the Platform

To:
 Refurbed Marketplace GmbH
 Jakov-Lind-Straße 7
 A-1020 Vienna
 service@refurbed.at

I/we () hereby withdraw from the contract concluded by me/us () concerning the purchase of the following goods () / the provision of the following service ():

Ordered on () / received on ()
 Name of the User: ___________________________________
 Address of the User: _________________________________
 Date: ______________________________________________
 Signature: __________________________________________ (only if this form is submitted on paper)

(*) Delete as appropriate.

Sample Withdrawal Form for Products from Sellers

(If you wish to withdraw from the contract, please fill out this form and send it to the Seller by post or e-mail.)

To:
 For the attention of: _______________________________ (Please enter the name of the Seller here)

I/we () hereby withdraw from the contract concluded by me/us () concerning the purchase of the following goods () / the provision of the following service ():

Ordered on () / received on ()
 Name of the User: ___________________________________
 Address of the User: _________________________________
 Date: ______________________________________________
 Signature: __________________________________________ (only if this form is submitted on paper)

(*) Delete as appropriate.

22. Contact

You can find our contact details here:
Refurbed Marketplace GmbH
Jakov-Lind-Straße 7
A-1020 Vienna, Austria
service@refurbed.at
+43 800-7001210

Terms and conditions valid until November 18, 2025