Refurbed B2B
General Terms & Conditions

1. Basic Provisions

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1.1 Scope and Contracting Parties

These General Terms and Conditions ("GTC") apply to all contracts, orders, and legal transactions between:

Refurbed Marketplace GmbH, Jakov-Lind-Strasse 7, A-1020 Vienna, Austria, email: businesscontact@refurbed.com (hereinafter referred to as "refurbed") and the respective business customer (hereinafter referred to as the "Customer").

Any terms and conditions of the Customer that deviate from or supplement these GTC shall not apply unless expressly accepted in writing by refurbed.

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1.2 Fulfilment

In order to fulfil the contract, refurbed reserves the right to work with partners with whom the Customer does not enter any contractual relationship.

 

1.3 Amendments

refurbed reserves the right to unilaterally amend these General Terms and Conditions at any time, where such amendments are necessary due to objective reasons, including but not limited to changes in legal requirements, market conditions, technical developments, or to address gaps or inconsistencies.

refurbed shall notify the Customer of the proposed amendments in writing or by electronic means (e.g. email) at least two (2) weeks prior to their intended effective date. If the Customer does not object in writing within two (2) weeks of receiving such notice, the amendments shall be deemed accepted and become effective.

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2. Product

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2.1 Product categories

The product condition descriptions as published at https://www.refurbed.at/produktzustande/ for Austrian Customers and at https://www.refurbed.de/produktzustande/ for German Customers shall form an integral part of the contractual agreement between refurbed and the Customer. The Customer acknowledges and agrees that the respective version applicable at the time of conclusion of the contract shall govern the condition and classification of the products delivered.

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2.2 Product accessories

All products include a cable to charge the device (e.g. an USB Cable for Smartphones) which can be the original or an equivalent one. If additional accessories are needed this may cause additional costs.

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3. Payment Options

refurbed offers different payment options:

• Payment by invoice (default): 14 days payment term from receipt of the invoice, unless
  other conditions are expressly agreed.

• Prepayment: available upon the customer’s request, subject to refurbed’s 
  confirmation.

Note: a return case because of a defect or wrong item does not influence the payment deadline 
as goods are repaired / exchanged (see 3.3)

3.1 Prepayment
Delivery shall be made only after refurbed has received full payment of the purchase price. 
Upon receipt of the total amount by refurbed, the goods will be dispatched to the Customer.

3.2 Pay via invoice Service 
refurbed collaborates with Mondu GmbH as its technology and service partner to offer the 
Customer the payment by invoice option. The availability of this payment method is subject to a 
successful credit check.
If the Customer is approved for pay by invoice and selects this payment method during the 
ordering process, the Customer agrees to the Terms of Use applicable to Mondu’s services, 
accessible at the time of selection. These Terms of Use form an integral part of the contractual 
relationship between the Customer and Mondu.

3.2.1 Responsibility 
Mondu GmbH is solely responsible for the provision and processing of the pay by invoice 
service. All responsibilities related to the products themselves – including product 
quality, delivery, warranty, and customer support – remain exclusively with refurbed.

3.2.2 Assignment and collection
refurbed reserves the right to assign claims arising from the contractual relationship with 
the Customer to third parties, in particular to Mondu GmbH, for the purpose of invoice 
settlement and risk management. In such cases, refurbed will sell the claims and transfer 
the associated payment claim to Mondu.
To enable Mondu to provide its services, refurbed is entitled to share necessary businessrelated information with Mondu, including but not limited to the Customer’s company 
name, billing and shipping address, VAT number, email address, and phone number.
The Customer expressly agrees to such assignment and data transfer.
Following an assignment, Mondu becomes the creditor with respect to the assigned 
claim, and the Customer shall settle the invoice payment directly with Mondu. Mondu is 
authorised to send payment reminders and other communications to the Customer and 
to collect the assigned claims in its own name.
In the event of payment default, Mondu shall be entitled to engage third-party debt 
collection services.

Please note: For certain Customers (e.g., repeat buyers or well-known companies), 
refurbed may issue invoices directly without involving Mondu. In such cases, refurbed 
may still employ third-party collection services at its own discretion if the Customer fails 
to meet payment obligations.

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4. Warranty

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4.1 Contractual Warranty

Every device has a guarantee of 12 months unless different conditions were expressively agreed. The warranty conditions, available at https://www.refurbed.at/warranty/ for Austrian Customers, https://www.refurbed.de/warranty/ for German Customers apply except for the following special provisions.

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4.2 Services in the event of a warranty claim

In the event of a warranty claim, the following process shall apply:

1. Repair: If the defect is repairable, the device will be repaired.

2. Replacement: If repair is not possible or not economically reasonable, the device will be replaced with an equivalent product.

3. Refund: If no suitable replacement device is available, the Customer will receive a refund of the current fair market value ("time value") of the device. The refund shall be issued to the same payment method originally used at the time of purchase.

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4.3 Procedure in the event of a warranty claim

In the event of a defect covered by the warranty, the Customer shall contact the refurbed business customer service team directly by email at: businesscontact@refurbed.com

Returns or shipment of devices may only be initiated with the prior written consent of refurbed. Upon receipt of the warranty request, refurbed will review the complaint and coordinate the next steps with the relevant partner.

If the warranty claim is initially accepted, the Customer will receive a prepaid return label from the partner via email. The use of the return label is mandatory to ensure that the return is free of shipping costs.

The defective item must be properly and securely packaged for transport. If the original packaging is no longer in suitable condition, the Customer must use sturdy, professional transport packaging (e.g. a cardboard box with sufficient cushioning material). Envelopes are not considered adequate transport packaging and may lead to denial of warranty in case of transport damage.

After receiving the returned item, the partner’s technicians will conduct an assessment to determine whether a warranty claim exists. The Customer will be informed by refurbed about:

• the result of the assessment (justified / unjustified),

• the current processing status, and

• if applicable, the shipment of a repaired or replacement device in accordance with Clause 4.

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4.4 Notice of damages due to shipping

The Customer is obliged to notify the refurbed business customer service team of any transport damage to the parcel or any missing items without undue delay, but no later than three (3) working days after receipt of the delivery.

Notification shall be deemed timely if it is received by refurbed via email within this period at: businesscontact@refurbed.com

If the Customer fails to notify within the specified time frame, any claims for compensation or replacement in connection with such damage or missing items shall be forfeited.

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4.5 Legal warranty and warranty period

In addition to the rights granted under the contractual warranty, the Customer remains entitled to the statutory warranty rights.

The statutory limitation period for claims due to material defects is hereby limited to twelve (12) months from the date of receipt of the goods by the Customer.

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4.6 Spare parts and warranty exclusion

In the event of a defect affecting an individual component (such as the battery, display, charging accessories, etc.), the defective part will be replaced with an equivalent, fully functional spare part that meets the applicable quality standards.

Further details regarding warranty exclusions and limitations can be found under the following links:

• Austria: https://www.refurbed.at/warranty/

• Germany: https://www.refurbed.de/warranty/

The version applicable to the Customer’s country at the time of contract conclusion shall apply.

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5. Revocation

The Customer shall have no right of revocation or withdrawal after conclusion of the purchase contract.

The statutory right of revocation for consumers does not apply to transactions with business customers.

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6. Liability

6.1 Shipping

The risk of accidental loss, damage, delay, or other deterioration of the goods passes to the customer upon handover to the carrier. Refurbed shall not be liable for any such events occurring during transport, including return shipments. This applies in particular where the requirements set out in Section 4 are not fully complied with. In such cases, any warranty, liability, or other claims against refurbed are excluded.

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6.2 Limitation

The liability of refurbed for damages incurred by the Customer related to this contract shall be limited, to the extent permitted by law, to intent and gross negligence.

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6.3 Force Majeure

Any liability of refurbed for damages due to force majeure (e.g. strike, war, earthquake, epidemics) is excluded.

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7. Final provisions

7.1 Choice of law

This Agreement shall be governed exclusively by the substantive law of the Republic of Austria, to the exclusion of its conflict-of-law rules and the United Nations Convention on Contracts for the International Sale of Goods (CISG).

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7.2 Place of performance

The place of performance for all obligations arising from or in connection with this Agreement and the exclusive place of jurisdiction shall be the registered office of refurbed in Vienna, Austria, unless mandatory statutory provisions provide otherwise.

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7.3 Severability Clause

Should any provision of these General Terms and Conditions be or become invalid or unenforceable, the validity of the remaining provisions shall remain unaffected. The invalid or unenforceable provision shall be deemed replaced by a valid and enforceable provision that most closely reflects the economic intent and legal purpose of the original provision. The same shall apply mutatis mutandis in the event of an unforeseen gap in these General Terms and Conditions.

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7.4. Non-disclosure

Information, data, documents, business and trade secrets, ideas, know-how, codes, etc ("Information"), which become known to the Customer during the business relationship with refurbed, shall be subject to strict confidentiality, irrespective of the means by which they are received (electronic, print, etc). This does not apply to information that is already in the public domain or otherwise publicly accessible or that is expressly designated by refurbed as non- confidential. The Customer is therefore prohibited from using confidential information itself outside the purpose of the contract or from making it available to third parties without authorisation. Confidentiality shall be deemed to have been agreed and shall continue to apply even after any termination of the contract.

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7.5 Exclusion

§§ 9 (1) and (2), 10 (1) and (2) of the ECG (E-Commerce-Law) are expressly excluded.

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7.6 Precedence of These Terms

In the event of any conflict or inconsistency between these General Terms and Conditions and any other terms and conditions - whether express, implied, referenced, or communicated by the Customer - these General Terms and Conditions shall prevail and govern, but only to the extent of such conflict or inconsistency, unless expressly agreed otherwise in writing by both parties.