General Terms and Conditions

1.1. Refurbed Marketplace GmbH ("refurbed") operates an internet platform ("Platform") at www.refurbed.ch and all associated subdomains, on which refurbished products and other services ("Products") are offered and sold by sellers ("Merchants") and may be purchased by customers ("Customers"). Customers may be either Consumers or Traders. A Consumer is any natural person who acts for purposes which cannot predominantly be attributed to either their commercial or their independent professional activity. A Trader is a natural or legal person or a legal partnership with capacity to contract who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

1.2. These general terms and conditions ("Terms and Conditions") 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 (jointly: "Users").

1.3. refurbed merely provides the technical framework for the conclusion of contracts between Users and the respective Merchants via the Platform ("Purchase Agreement"). refurbed itself is not a contracting party to these Purchase Agreements. The contracting party to each Purchase Agreement is exclusively the respective Merchant named during the ordering process before the order is submitted. The performance and fulfilment of the Purchase Agreement – including delivery, statutory warranty, reversal of the transaction and all other contractual and statutory obligations – is the sole responsibility of the Merchant. refurbed assumes no performance obligations or liability of its own in this respect, except with regard to its own brokerage and service performances.

1.4. The use of the internet services provided by refurbed on the Platform is governed exclusively by the respective applicable Terms and Conditions, available at https://www.refurbed.ch/tos/. Please also note the privacy policy at https://www.refurbed.ch/privacy/ and the legal notices at https://www.refurbed.ch/rechtliche-hinweise/. By accessing or using the Platform, Users accept the Terms and Conditions and conclude with refurbed a contract for the use of the Platform and for the brokerage and service performances rendered by refurbed (Platform Usage Agreement). The separate Purchase Agreement for Products offered on the Platform is concluded exclusively between the Users and the respective Merchant at the time an order is submitted and accepted. refurbed is not a contracting party to these Purchase Agreements.

1.5. General terms and conditions that deviate from these Terms and Conditions or from other contractual agreements with refurbed shall apply only if refurbed has expressly agreed to their validity. Vis-à-vis Traders, such agreement requires written form.

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 Merchant for add-ons and for the trade-in programme (refurbed Direct) and as an insurance intermediary (refurbed Plus).

2.1. refurbed ensures, to the greatest extent possible, uninterrupted availability of the Platform. This does not affect interruptions beyond refurbed's control – in particular necessary and unavoidable maintenance work or technical faults (e.g. power outages, network faults).

3.1. Use of the Platform by natural persons requires unrestricted legal capacity to contract. Persons who have not yet reached the age of 18 are excluded from using the Platform. Legal persons must act through authorised representatives.

3.2. Upon completion of the ordering process, Users confirm that they have reached the age of 18, have full legal capacity to contract or are acting through an authorised representative, and are aware of the legal consequences of a false declaration.

4.1. To start the ordering process, Users select the desired Product, click the "Continue" button and enter the information required for the order. Before activating the "Pay" button, the entries may be reviewed, corrected or deleted at any time. The ordering process may be cancelled at any time by closing the browser window or using the "Back" function.

4.2. Before activating the "Pay" button, Users are informed of the product-specific characteristics provided by the Merchant, the total price including all costs, the selected payment and delivery method, and the conditions applicable to the Purchase Agreement. By activating the "Pay" button, Users submit a binding purchase offer, which is transmitted to the Merchant via the Platform. The Purchase Agreement is concluded exclusively between the Users and the respective Merchant once the Merchant accepts the offer, generally by way of an order confirmation. refurbed is not a contracting party to these Purchase Agreements; no further contract with refurbed is concluded beyond the Platform Usage Agreement.

4.3. The handling of the ordering process is carried out by the respective Merchant. The processing of the order and the transmission of all information required in connection with the conclusion of the contract take place by e-mail and, in part, in an automated manner. 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.

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

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

5.3. For fast and smooth processing, it is recommended that communications and enquiries to refurbed or the respective Merchant be transmitted via the communication functions provided on the Platform. However, Users may also contact refurbed or the Merchant via other legally provided means of communication.

6.1. Where objectively justified as a result of repeated or material breaches of contract or unlawful conduct, refurbed may temporarily block the relevant Customer Account within the scope of the Platform Usage Agreement. refurbed's right to extraordinary termination of the Platform Usage Agreement, including the associated deletion of the Customer Account, remains unaffected where continuation of the contractual relationship is unreasonable in the event of such breaches.

6.2. refurbed shall inform Users promptly of an account block and shall state the reasons decisive for it.

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

6.4. Users have the right to object to measures taken on the basis of these Terms and Conditions or to raise complaints at any time regarding other matters connected with the Platform. Objections and complaints may be addressed by e-mail to dsacompliance@refurbed.com. refurbed shall review and respond to such objections and complaints in accordance with the applicable statutory provisions.

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

7.2. Merchants are obliged to deliver the Products without undue delay, but in any event within 30 days of conclusion of the Purchase Agreement. To the extent that information on the Platform regarding the shipment or delivery of a Product indicates a faster delivery date, this constitutes merely a non-binding estimate, unless a binding commitment has been expressly agreed with the Merchant.

7.3. For Purchase Agreements between a Merchant and a Consumer, the statutory provisions on the passing of risk apply. For the sake of transparency, it is noted that, in the case of a sale by dispatch, the risk of loss of or damage to the Product passes to the Consumer already upon handover of the Product to the carrier or forwarding agent, irrespective of whether the contract of carriage was concluded by the Merchant or by the Consumer.

7.4. Users are requested to report transport damage to the respective Merchant without undue delay after receipt of the Product.

7.5. If Users receive an empty parcel, they can expedite the further process by requesting a weight certificate from the shipping service provider. Otherwise, completion of the Merchant's investigation order must be awaited before further steps can be initiated.

8.1. The prices stated by the respective Merchant in the offers already include the shipping costs and constitute total prices for the respective Product (regarding the service fee levied in parallel, see the following clause of the Agreement; regarding vouchers, see clause 11 of the Agreement). They include all price components for the Product, including all applicable taxes. Insofar as shipping costs are not included, these are shown separately.

8.2. Where bulky or large Products are shipped or returned, or where a (return) shipment requires the use of a freight forwarder, Users shall bear the costs provided for this by the Merchant. Users shall be informed of these costs separately by the Merchant.

8.3. The prices for the Products are stated including value added tax. The addition "incl. VAT" refers to the value added tax to be remitted by the Merchants and not to an input tax amount deductible by the Users. Insofar as one or more Products are subject to margin taxation, no value added tax will be shown on the invoice. Which Products are subject to margin taxation is indicated in the notice displayed directly within the payment process.

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

9.2. Within the respective category, Users may choose from the following sort options in order to display or adjust the 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 displayed at the top and items of lower relevance displayed at the bottom. refurbed takes into account the following main factors when selecting the results sorted by popularity, as these are the best indicators of what corresponds to Users' needs:
• Sales history
• Price
• Availability
• Price descending sorts Products in descending order by price, with the Product with the highest price listed at the top and the Product with the lowest price listed at the bottom.
• Price ascending sorts Products in ascending order by price, with the Product with the lowest price listed at the top and the Product with the highest price listed at the bottom.

9.3. In addition, Users may also filter the results in order to further narrow down the selection of Products. Filter options such as brand, price, size, etc. are based on the available product attributes.

9.4. refurbed does not use personalised data for the ranking of Products or product badges.

9.5. When displaying a specific Product (e.g. iPhone 15) or a product variant (e.g. iPhone 15, 128 GB, dual SIM, blue), refurbed arranges product offers in such a way as to offer Users an excellent price-performance ratio and a smooth user experience. The main factors are price, followed by the Merchant's product quality, the speed and quality of customer service, and the Merchant's punctual shipping performance. For Products with several variants or configurations, the sorting of product variants is based on the most popular options such as colour, condition, storage capacity and other product-specific characteristics (e.g. black, 128 GB).

9.6. Rankings are carried out without preferential treatment of individual Merchants and are based exclusively on the objective factors set out above.

9.7. Product badges highlight Products or offers to help Users find items they might like. refurbed offers the following badges to help Users find good deals and not miss popular Products:

• "Bestseller" highlights the best-selling Products in a given category. The most important factor is the number of current and historical sales of the Product, including all available variants (e.g. colour, storage capacity, etc.).
• "Almost sold out" shows Products that are only available in limited quantities and will soon be sold out (fewer than 3 Products of a given product type and configuration).
• "Best deal" highlights the Products with the lowest price over the past fourteen (14) days. The most important factors here are price and availability.

9.8. The "new price", also "reference 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 redetermined daily. This may be displayed as a struck-through price.

9.9. "Recommended for you" Products are Products that have either been recently viewed or result from aggregated sales data.

10.1. 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 service of the PayPal group) in order to ensure secure and efficient processing.

10.2. The supported payment methods (e.g. credit card, PayPal, instant bank transfer, instalment payment) are shown at the end of the ordering process. If Users select a Klarna payment method, processing is carried out directly by Klarna, which acts as data controller in this respect. Before completion of the payment process, Users are separately notified of Klarna's terms of use.

10.3. refurbed transmits to the respective payment service providers only such personal data as is necessary for payment processing or payout processing.

10.4. Unless otherwise stated for individual payment methods or individually agreed, all payment claims arising from Purchase Agreements concluded via the Platform shall fall due for payment immediately upon completion of the ordering process.

11.1. A subsequent payout or offsetting of vouchers is not possible. Only one voucher may be redeemed per order. Vouchers are non-transferable and may be used only once. Payment in cash 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.

12.1. The content available on the Platform is protected by copyright or other protective rights and is owned, in each case, by refurbed or by the Merchant that made the respective content available. The compilation of the content on the Platform as such is protected as a database or database work within the meaning of the Copyright Act.

12.2. Without the express consent of refurbed, no parts of the Platform may be systematically extracted and/or reused. In particular, it is impermissible without such consent to use data mining, web crawlers (bots) or similar data-collection and extraction programs to extract parts of the Platform for reuse – regardless of whether this occurs once or repeatedly. Likewise, it is impermissible without refurbed's consent to create and/or publish a proprietary database containing substantial parts of refurbed's Platform (e.g. prices or product information).

13.1. refurbed's liability for damages is governed by the statutory provisions. However, for damage to property and financial loss, refurbed shall be liable – to the extent legally permissible – only for intent and gross negligence. For damages resulting from injury to life, body or health, refurbed shall also be liable for slight negligence. This limitation of liability does not apply insofar as mandatory statutory provisions provide otherwise.

13.2. refurbed shall under no circumstances be liable for delays or failures of performance caused by events of force majeure that are beyond refurbed's sphere of influence (e.g. natural disasters, war, pandemics, orders by public authorities).

13.3. The Purchase Agreement for Products is concluded exclusively between the Users and the respective Merchant, who independently decides on acceptance of the offer. refurbed supports, as part of the platform service, contact with Merchants in connection with statutory warranty or other claims, but cannot guarantee their enforceability. Liability of refurbed (subject to clause 13.1) or other statutory obligations remain unaffected.

14.1. refurbed attaches great importance to admitting to the Platform only Merchants with accurate and complete product descriptions. Product and service information, in particular regarding characteristics, availability and prices, is provided by the Merchants. This information does not constitute offers by refurbed.

14.2. The prices of the Products are set by the respective Merchants. refurbed, as platform operator, endeavours to present these prices transparently, including all applicable taxes, fees and delivery costs.

14.3. Liability of refurbed (subject to clause 13.1) or other statutory obligations remain unaffected.

15.1. Assignment of claims against refurbed to third parties is impermissible insofar as refurbed has a legitimate interest in excluding assignment. However, where the legitimate interest of the Users in the assignment predominates, such assignment is permissible. Such a predominance is to be assumed in particular in the case of assignments to consumer protection associations, to litigation funding companies or to comparable organisations. This restriction does not apply insofar as mandatory provisions of the applicable law provide otherwise.

15.2. The transfer of the Customer Account to another person is permissible only with the express prior consent of refurbed.

15.3. Consumers may set off their own claims against claims of refurbed if these are legally connected with their obligation or if the counterclaim has been finally established by a court or acknowledged by refurbed. For Traders, set-off is permissible only with undisputed claims or claims finally established by a court. The statutory right of retention remains unaffected for all Users.

16.1. refurbed reserves the right to amend these Terms and Conditions for objective reasons (e.g. changes in statutory provisions, technical requirements or expansion of the range of services offered). The respective current version of the Terms and Conditions is available at all times on the Platform at https://www.refurbed.ch/tos/ and applies to all Users, with or without a Customer Account, on each use of the Platform. For Users with a Customer Account, material changes will be communicated by e-mail no later than 30 days before they take effect. If Users with a Customer Account do not object to the changes within this period, the amended Terms and Conditions shall be deemed accepted. This legal consequence shall be expressly pointed out in the notification. If a timely objection is raised, the Platform Usage Agreement shall continue on the previous terms, without prejudice to refurbed's right to terminate the contractual relationship by ordinary notice with a reasonable notice period.

17.1. Austrian law shall apply, to the exclusion of its conflict-of-laws rules and of the UN Convention on Contracts for the International Sale of Goods. For contracts with Consumers, this choice of law shall not apply; in that case, the law of the state in which the Consumer has their habitual residence shall mandatorily apply.

17.2. For actions brought by Traders, the registered seat of refurbed shall be deemed the agreed exclusive place of jurisdiction.

18.1. The invalidity or unenforceability of individual provisions shall not affect the validity of the remaining provisions of these Terms and Conditions. The invalid or unenforceable provision shall be replaced by a valid or enforceable provision that comes closest to the economic and legal purpose of the invalid or unenforceable provision. This shall apply correspondingly in the case of a gap in the provisions.

19.1. Notwithstanding the possibility of having the Customer Account deleted at any time pursuant to clause 6.3, the Platform Usage Agreement may be terminated by Users at any time.

19.2. For Purchase Agreements with Merchants concluded via the Platform, Consumers have a right of withdrawal of thirty (30) days from receipt of the goods. Withdrawal may be made without giving reasons, for example by using the withdrawal form available under clause 20. Use of the form is recommended but not mandatory. refurbed shall forward the withdrawal declaration to the relevant Merchant without undue delay.

19.3. To meet the withdrawal deadline, it is sufficient that the notice exercising the right of withdrawal is sent before expiry of the withdrawal period.

19.4. If a Purchase Agreement with a Merchant is withdrawn from, all payments shall be refunded without undue delay and at the latest within fourteen (14) days from the day on which the notice of withdrawal was received by the Merchant. The same means of payment used for the original transaction shall be used for the refund, unless expressly agreed otherwise. Under no circumstances shall fees be charged for the refund.

(If you wish to withdraw from the contract, please complete this form and send it back 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.ch

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

Ordered on ()/received on ()

Name of User: _________________________________

Address of User: _______________________________

Date: ________________________________________________

Signature: ____________________________________________ (only in the case of notice on paper)

(*) Delete as applicable.

Sample withdrawal form for Products from Merchants:

(If you wish to withdraw from the contract, please complete this form and send it to the Merchant by post or e-mail)

To:

Attention of: _______________________________ (Please state the name of the Merchant here)

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

Ordered on ()/received on ()

Name of User: _________________________________

Address of User: _______________________________

Date: ________________________________________________

Signature: ____________________________________________ (only in the case of notice on paper)

(*) Delete as applicable.

You can find our contact details here:

Refurbed Marketplace GmbH

Jakov-Lind-Straße 7

A-1020 Vienna, Austria

service@refurbed.ch

+43 800-7001210

Previous version, valid until 08/09/2026