Refurbed B2B Customer GTC
1. Basic Provisions
Refurbed Marketplace GmbH
These General Terms and Conditions shall apply to all contracts, orders and legal transactions between, on the one hand, refurbed and, on the other hand, the business customer.
In order to fulfil the contract, refurbed reserves the right to work with partners with whom the business customer does not enter any contractual relationships.
refurbed reserves the right to unilaterally amend these GTC at any time, if market conditions justify such amendments. Such changes shall become effective after the business customer has been notified of the planned change and has not objected within two weeks.
2. Product categories
The product conditions as set out in https://www.refurbed.at/produktzustande/ for Austrian business customers, respectively https://www.refurbed.de/produktzustande/ for German business customers become part of the content of the contract.
3.1 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 business customers and https://www.refurbed.de/warranty/ for German business customers apply except for the following special provisions.
The guarantor is refurbed.
3.3 Services in the event of a warranty claim
The device will be repaired if the defect is repairable.
If a repair is not possible, the device will be replaced.
If no exchange device is available, the business customer gets a refund of the device to the payment method selected when making the purchase.
3.4 Procedure in the event of a warranty claim
Should problems occur with devices covered by the warranty, the business customer shall contact the refurbed business customer service team directly by e-mail using the contact details below:
Transport or shipment may only be carried out with the prior consent of refurbed. The refurbed business customer service team will accept the warranty complaint and inform its partner.
The business customer receives a return voucher from the partner by E-mail with which the product can be returned free of charge.
Important: Only the return note ensures that the unit will be sent free of shipping costs.
The item shall be packed correctly and securely. If the original packaging is no longer available in the required condition, stable and professional packaging for transport (e.g. a cardboard box with sufficient filling material; an envelope does not count as stable packaging) is to be used.
After receipt of the appliance, the partner’s technicians check if a warranty claim exists. The business costumer will receive a notification from refurbed regarding the existence or non-existence of a justified warranty claim, its status and, if justified, a replacement or exchange device will be sent.
3.5 Notice of damages due to shipping
The business customer is obliged to notify the refurbed business customer service of any damage to the parcel or missing items within 3 workdays. Notification is deemed to have been communicated in due time, if it has been received per E-mail by the business customer service team. If damage is reported late, claims for compensation for this damage are forfeited.
3.6 Legal warranty and warranty period
The business customer is entitled to the statutory rights in addition to the rights under the contractual warranty. The legal warranty period is limited to 12 months from the date of receipt.
Revocation after conclusion of the purchase contract is excluded for the business costumer.
Refurbed does not accept any liability or warranty claims for any damage caused during shipment if the requirements of 3.5 are not met.
The liability of refurbed for damages incurred by the business customer based on this contract shall be limited, to the extent permitted by law, to intent and gross negligence.
5.3 Force Majeure
Any liability of refurbed for damages due to force majeure (e.g. strike, war, earthquake, epidemics) is excluded.
6. Choice of law, place of performance, place of jurisdiction
Austrian law shall apply to the exclusion of its reference standards and the UN Convention on Contracts for the International Sale of Goods.
The place of performance and the place of jurisdiction shall be the registered office of refurbed, insofar as this does not conflict with mandatory statutory provisions.
7. Final provisions
The invalidity or unenforceability of individual provisions shall not affect the validity of the remaining provisions of these GTC. The invalid or unenforceable provision shall be replaced by a valid or enforceable provision which comes closest to the former in economic and legal terms according to its meaning and purpose. This shall also apply mutatis mutandis in the event of a gap in the provisions.
Information, data, documents, business and trade secrets, ideas, know-how, codes, etc ("Information"), which become known to the business 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 business 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.
§§ 9 (1) and (2), 10 (1) and (2) of the ECG (E-Commerce-Law) are expressly excluded.
8. Payment Options
refurbed offers different payment options:
Pay by invoice (30 days payment target after receipt of invoice) unless different conditions were expressively agreed
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.)
9. Utilitzation of the Sprinque Services
9.1. Sprinque is solely responsible for providing the Pay by Invoice service to Refurbed. All product liabilities, support for the goods and services, etc. remain with Refurbed and Sprinque shall not be held liable for any defects in the product or delivery of the services.
9.2. If you select to use the Pay by Invoice payment option, Refurbed will sell the receivable and transfer the debt of that transaction to Sprinque. You hereby agree with this sale and transfer. After the sale and transfer of your receivable, your payment obligation will be to Sprinque, who will follow up with you via free messages and reminders according to our agreed reminder interval in order for the payment to be made in time. Sprinque shall be entitled to collect the debt. If you are in default of the payment obligation towards Sprinque, Sprinque may use third parties for the collection of the debt.
9.3. Be advised, the final invoice and reminders you will receive will reflect Sprinque as the recipient of the payment for your transaction with Refurbed.