Refurbed B2B
General Terms & Conditions

1. Basic Provisions 

 

1.1 Scope and Parties 

These General Terms & Conditions (“GTC”) apply to all contracts, orders and other legal transactions between Refurbed Marketplace GmbH, Jakov-Lind-Strasse 7, A-1020 Vienna, Austria (“refurbed”) and the respective business customer (“Customer”). Other terms apply only if expressly accepted in writing by refurbed. 

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1.2 Performance via Partners 

refurbed may use third-party partners to perform delivery, returns, repairs, inspections, payments and similar services. 

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1.3 Amendments 

refurbed may amend these GTC for objective reasons (including legal changes, technical developments, market changes, or to close gaps/inconsistencies). refurbed will notify the Customer at least two (2) weeks before the intended effective date. If the Customer does not object in writing within two (2) weeks after receipt, the amendments are deemed accepted. 

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2. Offers, Orders, Contract Conclusion 

 

2.1 Offers 

Unless expressly marked as binding, quotations, price lists, website listings and similar statements are non-binding invitations. A binding offer exists only if refurbed (i) explicitly labels it as binding and (ii) states a validity period. 

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2.2 Contract Conclusion 

A contract is concluded when refurbed accepts the Customer’s order in writing (including email) or dispatches the goods (dispatch confirmation or shipment). 

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2.3 Availability / Partial Performance 

If a product is unavailable or only partially available, refurbed may (i) reject the order, (ii) accept it partially, or (iii) propose an alternative. In such cases, the Customer has no claim to delivery of unavailable items. 

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3. Products 

 

3.1 Condition Categories (unless stated otherwise in the contract/offer) 

• Category A: No visible dents/scratches from 30 cm for phones/tablets/cameras. Larger appliances may show minimal signs of use. Out-of-sight areas may show small marks. 

• Category B: Visible signs of use from 30 cm (e.g., small dents). Screen may show micro-scratches invisible when turned on. Larger appliances may show light, visible use. Out-of-sight areas may show moderate marks. 

• Category C: Clearly visible signs of use (scratches and/or slight dents). Screen may show very fine micro-scratches invisible when turned on. Larger appliances may show visible wear; out-of-sight areas may show clear wear. 

• Battery: Unless stated otherwise, devices with built-in batteries have a minimum overall battery capacity of 85%. 

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3.2 Accessories 

If stated in the contract/offer, products include a charging cable (original or equivalent). Additional accessories may be available at additional cost. 

 

4. Prices, Payment, Invoicing 

 

4.1 Prices and Taxes 

Prices are net unless stated otherwise. VAT is charged according to applicable law. 

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4.2 Payment Methods 

refurbed may offer: 

(a) Invoice payment (default): payment term 14 days from invoice receipt, unless agreed otherwise; and/or 
(b) Prepayment: subject to refurbed’s confirmation (including after credit assessment). 

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4.3 Prepayment / Credit Check 

If a credit check fails or there are comparable risk indicators, refurbed may require prepayment before dispatch. 

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4.4 Payment by Invoice via Mondu 

If the Customer selects invoice payment via Mondu GmbH, availability is subject to credit approval and the Customer agrees to Mondu’s terms presented during checkout/selection. 

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4.5 Assignment / Data Sharing for Payment Processing 

refurbed may assign payment claims to third parties (in particular Mondu) for settlement and risk management. For this purpose, refurbed may share necessary business information (e.g., company name, billing/shipping address, VAT number, email address, phone number). After assignment, the Customer must pay the assigned invoice to the assignee. 

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4.6 Payment Deadlines and Returns 

A return or warranty claim does not suspend payment obligations, unless mandatory law provides otherwise or refurbed confirms in writing. 

 

5. Delivery, Shipping, Risk, Title 

 

5.1 Delivery and Shipping Costs 

Shipping costs and delivery terms are as stated in the contract/offer. If not stated, refurbed determines reasonable shipping terms. 

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5.2 Transfer of Risk (B2B) 

Risk of accidental loss, damage or deterioration passes to the Customer upon handover to the carrier. This also applies to return shipments initiated by the Customer, unless refurbed expressly assumes risk in writing. 

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5.3 Retention of Title 

Goods remain the property of refurbed until full payment of all due claims from the business relationship. 

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5.4 Shipping Damage / Missing Items 

The Customer must notify refurbed of transport damage to the parcel, missing items or obvious shipping issues without undue delay, in any case no later than three (3) Business Days after receipt, via businesscontact@refurbed.com. If notification is late, claims relating to such shipping damage/missing items may be excluded to the extent permitted by law. 

 

6. Warranty and Defects (B2B) 

 

6.1 Contractual Warranty Period 

Each device includes a contractual warranty of six (6) months starting on the invoice date (or a different start date if explicitly agreed in the contract/offer).  

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6.2 Remedies 

If a defect covered by the contractual warranty exists, refurbed may choose, in reasonable discretion: 

(a) Repair, or 
(b) Replacement with an equivalent product, or 
(c) Refund if repair/replacement is not possible or not economically reasonable. 

Refunds may be limited to the device’s current fair market value (“time value”).  

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6.3 Warranty Claim Procedure 

The Customer must notify refurbed of warranty defects without undue delay, in any case within seven (7) Business Days after becoming aware of the defect, via businesscontact@refurbed.com. Returns may be initiated only with refurbed’s prior written approval. If a claim is preliminarily accepted, the Customer receives a prepaid return label. Use of the return label is mandatory to ensure a free return shipment. 

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6.4 Packaging Duty 

Returned goods must be packed securely for transport. If original packaging is unsuitable, the Customer must use sturdy transport packaging with sufficient cushioning. Inadequate packaging may lead to denial of claims for transport damage caused by the Customer’s packaging. 

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6.5 Spare Parts / Exclusions 

If only a component is defective (e.g., battery, display, charging accessories), refurbed may replace it with an equivalent, fully functional spare part meeting applicable quality standards. Warranty is excluded for defects caused by improper use, unauthorised modification/repair, liquid damage, external impact (e.g., broken casing/display), improper packaging in returns, or software manipulation that compromises security or core functions. Wear and tear that does not affect functionality is excluded. 

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6.6 Statutory Warranty Rights 

Statutory warranty rights are not excluded. Any limitation of statutory periods applies only to the extent permitted by mandatory law 

 

7. Trade-In (Customer Sells Devices to refurbed) 

 

7.1 Separate Agreement / Eligibility 

Trade-In purchases by refurbed require a separate written agreement (including email) and are generally handled only in larger quantities. 

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7.2 Process and Offers 

(a) The Customer provides a device list and requested quantity details. 
(b) refurbed may provide an indicative, non-binding estimate. 
(c) Devices are inspected by refurbed or its partner network. 
(d) After inspection, refurbed issues a final written purchase offer (“Final Trade-In Offer”) stating the purchase price and the acceptance deadline. 
(e) The purchase contract for Trade-In devices is concluded only if the Customer accepts the Final Trade-In Offer in writing within the stated deadline. 

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7.3 Condition and Non-Usable Devices 

Pricing depends mainly on model, storage and condition (aligned with the categories in Section 3.1, where applicable). If devices are not usable for resale/refurbishment, refurbed may (i) return them at the Customer’s cost, or (ii) dispose of them only upon Customer’s written instruction (or if disposal was agreed in advance). 

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7.4 Data Deletion 

The Customer is responsible for ensuring that devices are free of Customer data and accounts. If requested, refurbed may provide deletion reports where available (scope and availability depending on device type and process). 

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7.5 Shipping and Costs if Final Trade-In Offer is Rejected 

Unless otherwise agreed in writing: 

 
(a) Shipment of Trade-In devices to the inspection location is arranged by refurbed or the Customer, as specified in the Trade-In agreement. 
(b) If the Customer rejects the Final Trade-In Offer (or does not accept in time), the Customer bears (i) the outbound shipping cost to the inspection location (if not already borne by the Customer), (ii) the return shipping cost, and (iii) reasonable inspection/handling costs actually incurred. refurbed may require advance payment of these costs before returning the devices. 
(c) Alternatively, the Customer may instruct refurbed in writing to dispose of the devices; disposal costs are borne by the Customer. 

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7.6 Invoicing and Payment (Trade-In) 

If the Customer accepts the Final Trade-In Offer, the Customer must issue an invoice to Refurbed Marketplace GmbH within fourteen (14) days. refurbed pays within thirty (30) days after receipt of a correct invoice, unless otherwise agreed in writing. 

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8. No Revocation (B2B) 

The Customer has no right of revocation/withdrawal after conclusion of the contract, unless mandatory statutory rights apply. Consumer withdrawal rights do not apply to business customers. 

 

9. Liability 

 

9.1 Limitation 

refurbed is liable only for intent and gross negligence. This does not apply to liability for personal injury and does not limit mandatory statutory liability. 

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9.2 Indirect Damages 

To the extent permitted by law, refurbed is not liable for indirect or consequential damages (e.g., lost profit, loss of data, business interruption). 

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9.3 Force Majeure 

refurbed is not liable for non-performance or delay due to events beyond reasonable control (e.g., strikes, war, natural disasters, epidemics/pandemics, official measures). 

 

10. Confidentiality 

 

Information, documents, business secrets and know-how received in the business relationship (“Confidential Information”) must be kept confidential and used only for contract purposes. This does not apply to information that is publicly known without breach, lawfully obtained from third parties, or must be disclosed by law/court order. 

 

11. Final Provisions 

 

11.1 Governing Law / CISG 

Austrian substantive law applies, excluding conflict-of-law rules and the CISG. 

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11.2 Place of Jurisdiction 

Exclusive jurisdiction is Vienna, Austria, unless mandatory law provides otherwise. 

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11.3 Severability 

If a provision is invalid or unenforceable, the remainder remains effective. The invalid provision is replaced by a valid provision that comes closest to its economic intent. 

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11.4 ECG Exclusion 

Sections 9(1)(2) and 10(1)(2) of the Austrian E-Commerce Act (ECG) are excluded to the extent permitted by law. 

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11.5 Precedence 

In case of conflict between these GTC and Customer terms, these GTC prevail unless expressly agreed otherwise in writing by both Parties.