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

1. Info about refurbed

   Die Refurbed Direct GmbH
   Jakov-Lind-Straße 7
   A-1020 Wien
   service@refurbed.com
   
   (+43) 0800-7001210

(“refurbed”) operates, among https://www.refurbed.ie/sell/, an internet platform (“Platform”) on which used mobile devices (“Device”) can be sold to refurbed (here in after referred to as “refurbed”) by consumers or “sellers”.

1. Subject matter of these GTC and the legal transaction

   1. Taking into account these General Terms and Conditions (”GTC”), refurbed concludes contracts for the purchase of used mobile devices (mobile phones, etc.). The contract is concluded between refurbed and the sellers, even if the device is sent directly to the dealers by the seller and checked by them.

2. Personal data

   1. Sellers’ personal information will only be used in compliance with and in accordance with our Privacy Policy .
   2. It is the responsibility of the seller to comply with the following points:
      1. Sim cards and any other memory cards must be removed before the device is shipped. Sim cards or memory cards may contain personal information that allows unauthorized use of your personal information. If the SIM card or other memory cards are not removed, the seller agrees to indemnify refurbed from all claims, damages and losses. SIM cards or memory cards cannot be returned and will be disposed of; the same applies mutatis mutandis to data otherwise stored on the devices.
      2. All personal data and files must be removed by the seller before transmission. Personal data includes text messages, photos, songs, and other data stored on the device. The device must be reset to factory settings. Any data or settings left on the device may cause the device to be rejected.
      3. If it is an Apple device, sellers undertake to deactivate the “Find My iPhone” function and remove the device from iCloud for an operating system version iOS 7 or higher.
      4. If it is an Android device, the sellers undertake to deactivate the “Android Device Protection” (also called “Activation Lock”).
   3. By shipping the device, the seller agrees to indemnify refurbed from any claims, losses, or damages, regardless of their nature and origin, in connection with the SIM card, the data, or the device.
   4. Refurbed assumes no liability for lost data. Sellers agree to be solely responsible for deleting any personal data and, if necessary, making a backup copy.
   5. Devices that have not been reset to factory settings by the sellers can be reset by refurbed without prior consultation with the sellers. In addition or alternatively, all data still available on the devices can be deleted independently and without prior consultation with the sellers, or the iCloud password can be requested with the seller’s consent.

3. Provision for consumers

   1. “Consumer” is a person who concludes a legal transaction that cannot be attributed to his or her professional or commercial activity. If the sellers are consumers, the following requirements apply:
      1. Sellers must be at least 18 years old. If the sellers are younger, it is guaranteed that the consent of the parent or guardian has been obtained to sell the device to us for the specified amount.
      2. The sellers are the sole owner of the device and can dispose of it without restriction. In the absence of sole and unlimited ownership, Sellers warrant that they have been authorized by the sole owner or other authorized third parties to make decisions regarding the disposal of the Device, in particular to sell it to refurbed and transfer title to the Device to refurbed, and that there are no liens, liens or security interests in or in connection with the Device, and no other party has a legal interest.
      3. The Sellers warrant that the device is not a counterfeit and that the device has not been put into circulation by theft, fraud or other criminal or illegal act.
      4. The sellers confirm that they can conclude this contract. The statutory rights of consumers are not affected by these T&Cs.

4. Evaluation of the device; Requirements for a sale/purchase

   1. The Sellers answer all questions truthfully to the best of their knowledge and belief before submitting their offer (in particular about themselves and the condition of the device).
   2. In any case, the device must meet the following criteria in order for it to be purchased from refurbed:
      1. Functionality: The device must be fully functional. In particular, it must be able to be switched on and charged. All functions are ready to use (e.g. Bluetooth, camera, wireless). All control buttons (on/off, volume, navigation) are functional. All connection sockets, microphones and speakers are clean and working.
      2. Optical condition: Slight scratches or slight signs of wear are accepted. The display is clear and completely intact. No pixels are missing and the display is not runny. The visual condition can influence the asking price. It is the responsibility of the seller to correctly indicate the visual condition - according to classification criteria on the user interface.
      3. Water damage: The seller confirms that the device does not have or has not suffered water damage.
      4. No SIM lock: The device must be free for all networks.
      5. Apple ID removed: Sellers ensure that the device has been removed from iCloud.

5. Offer of the sellers to refurbed

   1. refurbed’s website guides sellers through all the steps that need to be taken to sell the device to refurbed. If sellers want to offer a device for sale, they must submit an offer for sale to refurbed listed as follows:
      1. Sellers are provided with an online portal on the basis of which the evaluation of the device can be carried out according to the criteria specified by refurbed. Sellers are obliged to provide truthful information.
      2. The sellers select the desired device from the given list that is to be sold and answer the given questions truthfully. The sellers then press the “Continue” button and enter their personal data. Before the sellers make the offer to sell the device to refurbed, they confirm that the iCloud has been disconnected from the device. Before pressing the “Confirm” button, sellers have the option of correcting or deleting their entries at any time by closing their browser window or selecting the “back” function (in the corresponding browser).
      3. The sales price can be seen in the list provided by refurbed. The sellers must answer all necessary questions truthfully with “yes” in order to be able to make an offer to refurbed. If one of the criteria desired by refurbed is not present and the question is answered with “no” as a result, the seller’s offer cannot be created.
   2. The prices quoted by refurbed to the sellers represent final prices. They include all price components including any applicable taxes. A subsequent price change is only possible if the device actually sent in does not correspond to the specified condition (in terms of appearance and functionality).

6. Sending the device

   1. If the seller has made an offer to refurbed to purchase the device, they will receive a confirmation email about the receipt of the offer (this does not yet constitute a contract!). The confirmation email contains the shipping label for free shipping of the device to the dealers and packaging instructions. The shipping label must be printed out by the seller and stuck on the package. When using the shipping label provided by refurbed, shipping is insured. If the shipping label provided by refurbed is not used, the costs and risk of shipping will be borne by the seller.
   2. Sellers undertake to ship the device to the dealers immediately after receipt of the confirmation email – within 14 days at the latest. The address of the merchants can be found on the shipping label sent with the confirmation email.
   3. Sellers agree to use the free shipping label for their intended purpose. In the event of use contrary to the contract, the sellers are liable to refurbed.
   4. The sellers ensure that the device is packaged appropriately. For shipping, sellers must use a safe and reliable cardboard box for postal delivery of the device, which in particular can prevent loss and damage to the device.
   5. The sellers undertake not to send any items other than the offered device to refurbed. If sellers ship other items, such as accessories or original packaging, they will not be returned to sellers. The Sellers agree that these items will be disposed of by refurbed or, if applicable, that refurbed will return these items to the Sellers at the Seller’s expense.

7. Conclusion of the contract

   1. The prices quoted by refurbed on the Trade-In website are non-binding and, in particular, do not constitute an offer to conclude a contract.
   2. If the Seller submits an offer via the Trade-In Website and ships the Device to refurbed, this constitutes an offer by the Seller to sell the Device to refurbed at the price stated on the Trade-In Website. With this offer and the subsequent shipment of the device, no contract with refurbed is concluded.
   3. After refurbed or the dealers have received the device, it is checked (see point 7 for more details). Sellers will then receive a confirmation of acceptance of the sales offer by email to their email address provided in the offer. This creates a purchase contract between the seller and refurbed. The sellers thus lose ownership of the device and in return receive a claim against refurbed for payment of the purchase price.

8. Acceptance of the device by refurbed

   1. refurbed is completely free in its decision to accept the seller’s offer. For reasons of transparency only, the processes that regularly take place after the seller has submitted an offer and the device has been sent for decision-making are set out below. This does not result in a right of the seller to conclude a contract if all the requirements are met.
   2. As soon as the device has been received by refurbed, it will be checked within seven working days whether the evaluation of the device made by the seller is correct. Thus, the following scenarios can occur:
      1. If the rating made by the sellers is correct, the offer made by the sellers is usually accepted. Upon acceptance, the sellers will receive a confirmation email from refurbed, which informs the sellers that the offer has been accepted and that a contract has been concluded between refurbed and the sellers.
      2. If, during refurbed’s audit, it is determined that the valuation made by the sellers is better than the actual condition, the seller’s offer may be rejected or a new purchase price may be offered (see point 10). If the offer is rejected, refurbed sends an email with a link to the status page to the seller. On the status page, refurbed informs sellers that the offer has been rejected. The device will be returned to the sellers immediately or recycled with the seller’s consent.
   3. Refurbed reserves the right to reject the seller’s offer without giving reasons.
   4. If the device sent in has no economic value (= EUR 0.00), refurbed offers the seller to dispose of the device free of charge in compliance with the legal provisions.

9. Second offer and non-acceptance

   1. If the seller’s evaluation of the condition of the device does not match the actual condition of the device (evaluation is at the discretion of the dealers), the seller’s offer will either not be accepted or the sellers will be made a counteroffer with a purchase price corresponding to the condition of the device (second offer).
   2. Sellers can accept or decline the second offer. In case of acceptance, the new purchase price will be paid out to the bank account specified by the sellers. In case of rejection, the device will be returned to the seller.
   3. Sellers will be sent two reminder letters about the second offer within 14 days. If the seller does not accept or reject the offer within this period, the second offer is automatically considered accepted and the payment is made to the bank account specified by the seller.
   4. If the value of the device sent in is less than the shipping costs, the retailers recycle the device. The device will not be returned to the sellers.

10. Lost, stolen, and counterfeit devices

    1. refurbed reserves the right to withdraw from a purchase contract concluded with the seller or to take other steps necessary for appropriate legal action if the device turns out to be lost, stolen or counterfeit. In such a case, refurbed will in particular not pay the purchase price and/or demand the return of payments already made.

11. Payment

    1. Refurbed will issue the payment order for the purchase price by bank transfer within ten working days of the conclusion of the contract to a bank account disclosed by the seller when submitting their offer.
    2. All prices or payments are inclusive of VAT.

12. Ownership of the device, transfer of ownership and liability

    1. Ownership is transferred to refurbed when the contract is concluded.
    2. If there are doubts about the seller’s ownership status or right of disposal over the device, refurbed is entitled to demand appropriate evidence from the sellers (e.g. original purchase contract, power of attorney).
    3. By sending the device, the seller undertakes to indemnify refurbed against justified claims by third parties, regardless of their nature and origin, insofar as these are related to the device.
    4. By sending the device to refurbed, the seller undertakes to compensate for all damages, including the costs incurred from a necessary or required use of legal and judicial assistance, which refurbed incurs in connection with the device sent.

13. Privacy policy

Refurbed’s privacy policy is available on the website here .

1. Applicable law and jurisdiction

   1. Austrian law shall apply exclusively, to the exclusion of the UN Convention on Contracts for the International Sale of Goods and the conflict of law provisions of private international law. This choice of law applies to consumers only to the extent that it does not deprive the protection afforded by the mandatory provisions of the law of the state of the consumer’s habitual residence.
   2. For all lawsuits brought by the sellers against refurbed, the court with jurisdiction over the subject matter for 1020 Vienna is called upon to decide. This does not affect statutory places of jurisdiction in favour of consumers. For all actions brought against a consumer who has his domicile, habitual residence or place of employment in Germany, the court in whose district the seller/consumer has his or her domicile, habitual residence or place of employment shall have jurisdiction. For consumers who do not have a place of residence in Austria at the time of conclusion of the contract, the statutory places of jurisdiction apply.

2. Final provisions

   1. If these T&Cs declarations are to be made in writing, they can be made either by letter to the address of Refurbed in A-1020 Vienna, Jakov-Lind-Straße 7 or by email to service@refurbed.com or to the post or email address last disclosed by the sellers. This does not affect the submission of the offer to sell a device via the Trade-In website.
   2. Each party to the contract shall bear the taxes, duties or fees arising for it from the contractual relationship. Any legal transaction fees are to be borne by the sellers, if it is an entrepreneur.
   3. Should individual provisions of these T&Cs be or become invalid, this shall not affect the rest of the content of the T&Cs. The invalid provision shall be replaced by a valid provision that is legally valid and comes as close as possible to the economic purpose of the invalid provision.
   4. Amendments, additions and ancillary agreements to these T&Cs must be made in writing in order to be effective. This also applies to the agreement to deviate from this formal requirement. In the event of any contradiction between these T&Cs and any deviating written agreement between the parties, the provisions of the deviating agreements shall prevail.