Article 1. Who are we and what do we offer?
1.1 The company Refurbished.store International BV ("Refurbished.store"), located in Utrecht, Newtonlaan 115, 3584 BH, Nederland and registered in the Chamber of Commerce in the Netherlands under number 93398794, provides the User with a Platform under the name "Refurbished .store", which aims to connect him with Sellers.
1.2 Refurbished.store acts as a hosting intermediary, is not a Seller of the Products offered and is therefore not responsible for the Products sold via the Platform, which the User expressly acknowledges. Furthermore, unless otherwise stated, Refurbished.store is not a brand-authorized distributor.
1.3 Refurbished.store also offers various services to Sellers on its Platform, such as the provision of a Back Office to process orders, a payment service, which are paid by these Sellers in the form of a platform fee, and the terms and conditions of which are stated governed by general seller terms and conditions applicable between Refurbished.store and the Sellers.
1.4 Refurbished.store also offers Buyers a takeover service consisting of connecting individuals who wish to resell their product(s) to Sellers, the terms of which are governed by the general takeover conditions accessible on the platform.
1.5 The purpose of these General Terms of Use (GTC) is to establish the rules for access to the Platform and the use of the services offered on the Platform. They do not apply to relations between Users and Sellers subject to the general terms and conditions of sale. Therefore, the user understands and acknowledges that any question or claim related to the purchase of a product on the platform is governed by the general terms and conditions of sale.
1.6 The GTC applies to every user navigating the Platform, regardless of whether or not he has registered on the Platform.
Article 2. Some definitions
When the following words are capitalized in the singular or plural in these GTC, they have the following meaning:
User(s): means any natural or legal person who uses the Platform to purchase Products for non-commercial purposes. Natural persons must be 16 years or older to purchase products on the platform and must have legal capacity. If natural persons are between 16 and 18 years old, they must have permission from their parent or legal guardian.
GTC: means these general terms of use that govern the relationship between Users and Refurbished.store.
Product Sheet: means the sheet completed by the Seller containing the description of a Product.
Seller Sheet: means the sheet completed by the Seller describing the Seller.
Platform: means the website that is accessible via per example www.refurbished.store, www.refurbished.be, www.refurbished.store, and any associated application or website.
Products: means products sold on the Platform. Unless otherwise stated, products sold on the Platform are second-hand products that have been repackaged.
Services: means the services of Refurbished.store on the Platform.
Seller(s): means any professional seller of Products registered on the Platform.
Article 3. How do I create a customer account?
3.1 The GTC must be accepted without reservation by each user when placing an order. The user ensures that he reads, accepts and registers the AGV on a durable medium. Due to the refusal of the GTC, an order cannot be placed on the Platform. Since the TOS are likely to be subject to change, the user is requested to pay attention as the TOS may have changed between two consecutive visits to the platform.
3.2 Creating a customer account is only permitted for natural persons of legal age who have legal capacity and for legal entities that do not act for professional purposes. By creating a customer account, the user agrees to the GTC.
Article 4. What are the rules for using the Platform?
4.1 The user provides accurate, complete information to ensure the smooth operation of the Services.
4.2 The login details (email address and password) are strictly personal and the user undertakes to maintain the confidentiality of his password.
In the event that the User becomes aware of access to his customer account by a third party, the User undertakes to inform Refurbished.store without delay by sending an email to service@refurbished.store.
4.3 The user undertakes to create and use only one customer account, regardless of the extension of the site (refurbished.store, refurbished.be, refurbished.store, refurbishedstore.de, etc.) from which he visits the Platform, unless expressly otherwise permitted by Refurbished.store.
In the event of closure of his account by Refurbished.store, the user undertakes not to create a new account, unless expressly authorized by Refurbished.store.
4.4 The User undertakes;
(i) not to harass other users (customers, sellers) of the Platform;
(ii) not to make offensive, defamatory, slanderous, discriminatory or racist statements on the Platform, and more generally not to make statements that are contrary to applicable laws and regulations, the rights of persons, public order and good morals ;
(iii) not obtain information about other users, either manually or using automated methods, or access another user's personal account;
(iv) and not attempt to jeopardize the proper functioning of the Platform.
In particular, the User undertakes to act respectfully towards Refurbished.store, Sellers and third parties when submitting a review or comment on a Product or a Seller.
4.5 The User acknowledges that all elements on the Platform, such as, but not limited to, texts, comments, illustrations, images, sound elements, company names, trademarks and other distinctive signs, as well as elements that make up the Platform, such as databases and all underlying technology (hereinafter the "Elements"), are or are likely to be protected by intellectual property rights, such as copyright, trademark law, design law, sui generis rights on databases, etc. Accordingly, the User acknowledges that the following is strictly prohibited:
- any reproduction, display, modification or adaptation of the Platform and/or all or part of the Elements without the prior written consent of Refurbished.store;
- any use of the Elements for commercial or professional purposes without the prior written consent of Refurbished.store;
- any use of software, tools, scripts, robots or other means or processes (including indexing robots, browser plug-ins or other technology) to perform web scraping (i.e. the automatic extraction of data for the purpose of reusing such data) of the Platform.
Article 5. What services are offered on the platform and what is their price?
5.1 Refurbished.store offers various services to users, such as, for example, the service of contacting the Sellers, the provision of a customer account, secure payment and the numerous quality procedures, more details of which are provided on the Platform.
5.2 Refurbished.store also offers various services to Sellers on its Platform, such as the provision of a Back Office to process orders, a payment service, which are paid by these Sellers in the form of a platform fee, and the terms and conditions of which are stated governed by general seller terms and conditions applicable between Refurbished.store and the Sellers.
5.3 Refurbished.store always acts as an intermediary between Buyers and Sellers and is not a party to the sales agreement between Buyers and Sellers.
Refurbished.store is not a seller, reseller or distributor of the Products, and does not own or possess the Products.
Refurbished.store also does not guarantee the safety, conformity or regularity of the Products and cannot be held liable in this regard.
Refurbished.store is not a seller, therefore Refurbished.store does not invoice or credit the Buyer, this is the responsibility of the Seller.
Article 6. How do I pay on the platform?
6.1 Online payment. Payment takes place online according to the payment methods offered on the Platform (e.g. iDeal, credit card, PayPal). Refurbished.store's partner payment service providers collect and receive payments on behalf of and on behalf of the Sellers. The amounts so collected will be returned to Sellers under the terms and conditions agreed between Refurbished.store and Sellers. The security of the transaction is guaranteed by Refurbished.store payment service providers.
6.2 Payment or discount code. When purchasing a Product on the Platform, the user can use a payment code, discount code or promotional code. These codes are valid on all Products offered for sale on the Platform until their expiration date. Unless otherwise stated in the description of the codes;
(i) the codes cannot be combined;
ii) the codes cannot be used for delivery charges;
iii) the codes cannot be redeemed or refunded (i.e. in the event of a refund of the order paid with a code, the code will be permanently lost);
iv) codes with a monetary value must be used in one go and the code can only be used for an order for a total amount greater than the value of the code;
v) the codes cannot be used for an order that has already been validated;
vi) the codes cannot be converted into cash or transferred to a bank account.
6.3. When paying in multiple installments, the payment terms are indicated by the partner before concluding the loan agreement.
Article 7. How do I close my account?
7.1 Closure of the customer account by the user: The User may freely close his customer account at any time and without prior notice by accessing his customer account or by writing to service@refurbished.store or by post to Refurbished.store, Customer Service, Utrecht, Newtonlaan 115, 3584 BH, Netherlands, stating his name, first name, email and address as used when creating his customer account. In the case of a current order, the User understands that the closure of the account will take effect at the end of the withdrawal period.
7.2 Closure of the customer account by Refurbished.store: Refurbished.store may close the customer account of a User if the User has refused the new Terms or has violated the rules of use of the Platform, in particular the rules described in Articles 3 and 4 In the event of default by the User, Refurbished.store will inform the User by sending him an email stating the reasons for the closure and the date of closure of the account.
7.3 In the event of closure, the User is requested to download the information and invoices related to his order history in order to keep a local and durable copy. The User naturally reserves the option to file a complaint and invoke the guarantees during the periods provided for in the general terms and conditions of sale accessible on the platform by sending an email to service@refurbished.store. Refurbished.store is then responsible for passing on the Buyer's complaint to the Seller and, conversely, for sending the Seller's response to the Buyer by email.
Article 8. How can I contact Refurbished.store and file a complaint?
8.1 Requests and Complaints Regarding the Services: Refurbished.store customer service can be reached online by completing the form available through our customer service page. This service is available to users for any questions or complaints regarding the Services or the Platform.
8.2 Requests and complaints regarding an order:
For all questions or complaints regarding the Products, warranties, right of withdrawal, delivery, etc., requests and complaints can be addressed by the user to the Sellers via his customer account.
Refurbished.store Customer Service will make every effort to answer the question or complaint or to pass it on to the Seller who is solely responsible for the Products he sells on the Platform.
Under no circumstances can Refurbished.store be held liable for the sale of a Product.
Article 9. Who is responsible for services and products?
9.1 Regarding the Services and access to the Platform. With regard to the Services and access to the Platform: Refurbished.store undertakes to make every effort to ensure the availability of services and the Platform.
Refurbished.store reserves the right to suspend or restrict access to the Services and the Platform for the purpose of carrying out repairs, maintenance work and/or adding and/or upgrading a function and/or service.
Refurbished.store cannot be held liable if the user is unable to use a Service or the Platform in whole or in part.
9.2 Regarding the Products.
The Seller accepts full responsibility for the Products that it offers for sale through the Platform, in particular with regard to the compliance and safety obligations for which it is responsible in accordance with applicable regulations.
Since Refurbished.store is a hosting service between the Seller and the Buyer, Refurbished.store disclaims any liability regarding sales between the Seller and the Buyer on the Platform.
The Buyer therefore indemnifies Refurbished.store against any liability that may arise in the execution of the sale of the Product, in particular with regard to the conformity of the Products, the description and conformity of the sales offer, the availability of the Products, the ownership of the intellectual and industrial property rights relating to the Products.
Article 10. What about your personal data?
The User's personal data is processed by Refurbished.store, the controller. Refurbished.store also uses cookies. The policy regarding personal data and cookies is described in detail in the documents "Protection of personal data" and "Cookie policy".
Article 11. What if you are not satisfied?
11.1 In the event of a dispute regarding the conclusion, conclusion, execution, interpretation or validity of the GTC or the relationship with Refurbished.store, the User and Refurbished.store are requested to conduct the necessary negotiations and discussions in order to reach an amicable settlement of to resolve their dispute.
11.2 The User is informed that, if desired, he can appeal to a consumer mediator free of charge for the amicable settlement of the dispute between him and Refurbished.store. In this context, the user can use the online dispute resolution platform set up by the European Commission and available free of charge via this link. If the User does not wish to benefit from mediation, if mediation is not successful or if other options available to the User for an amicable resolution of his dispute with Refurbished.store have not produced a satisfactory result, the User may submit the matter to the competent court of the place where he resided at the time of concluding the agreement, the place where the damage occurred, the place of Refurbished.store's head office or the place of actual delivery of the Product.
Article 12. How do I order a Product on the platform?
12.1 Prior to an order, these GTC must be accepted online, without reservation, by the Buyer. The buyer is therefore responsible for reading the AGV and recording it on a durable medium so that it can be consulted if necessary. The AGV are available for download on the Platform.
12.2 Products are ordered on the Platform from Sellers who complete the Seller Sheets, the Product Sheets and the prices and delivery methods and costs. As such, the Sellers are solely responsible for the information contained in the Seller Sheet, the description of the Product and the full conformity of the Product with its description. It is specified that in the case of reconditioned products, the accessories do not have to be original, but must be compatible and fully functional. The Seller Sheet containing the Seller's identification data is accessible to the Buyer before each order is placed.
12.3 The price of the Product is inclusive of all taxes and determined freely by the Seller. Certain second-hand products may fall under the VAT margin scheme. The price of the services is determined by Refurbished.store and is also stated including VAT.
12.4 During the purchase process, the user chooses one or more Products and the delivery method and enters his delivery address. The Buyer then chooses his payment method and enters the information necessary to complete his payment. Finally, he is asked to confirm his payment, which implies an obligation for the Buyer to pay.
12.5 The buyer is informed that the sale has not been concluded at that time. In the case of Products that are second-hand goods, the Seller may be out of stock, the Seller will have 48 working hours to confirm and ship the order. The sale of the Product(s) is therefore concluded when the Seller confirms the availability of the said Product(s). In the event of unavailability of Product(s) or if Seller does not confirm and ship the order within the 48 hour period, the order will be automatically canceled and the sale will be deemed never to have been completed. The refund will be made as soon as possible through a reverse transaction via the payment method used for the initial purchase. Purchases on the Platform take place independently of each other. If a single Product from the same order of at least 2 Products is unavailable, the order will not be canceled in its entirety and the sale will be closed for the available Products.
12.6 The order may also be canceled for a legitimate reason, in particular in the following cases:
When the product and/or price contain an obvious error (for example when an apparently ridiculously low price is displayed and/or when there is an error in one of the essential characteristics of the product);
When there is a dispute regarding the payment of the order;
When we see multiple accounts being created for one Buyer or multiple and/or fraudulent discount codes being used.
Article 13. What are the delivery conditions?
13.1 Products offered on the Platform and accessible via the website may only be delivered to a delivery address in the country where Refurbished.store offers its services, unless the Seller offers delivery in another area.
13.2 The Products will be delivered to the delivery address specified by the Buyer when placing the order. Prices, deadlines and delivery methods are stated by the Seller who is solely responsible for their compliance. The Buyer can follow the progress of his order and, if he has chosen this, delivery tracking via his customer account.
13.3 The date of delivery depends in particular on the method of delivery chosen by the Buyer. When the Buyer chooses a delivery method, he will be informed about the delivery period. The Seller undertakes to respect the announced delivery times, which may not be unjustifiably delayed and in no case may exceed 30 days.
13.4 Unless otherwise stated during the order, delivery is subject to payment. The price of the delivery will be communicated to the Buyer before any payment is made on his part.
13.5 Upon receipt of the package, the Buyer shall check its condition and, in the event of transport-related damage (damaged packaging, torn or opened packaging, missing or obviously damaged product), the Buyer must immediately note a reservation on the transport note to specify the transport-related damage . The Buyer must also report the damage via the Platform within 3 working days of receipt.
13.6 The transfer of ownership and risk takes place when delivery is completed, i.e. when the ordered product has been received by the Buyer and the price has been paid by the Buyer. In the event of non-receipt of the package, the Buyer undertakes to inform the Seller via the Platform as soon as possible.
Article 14. What guarantees for products purchased on the Platform?
14.1 All Products are covered by statutory guarantees and a commercial guarantee under the conditions described below. To invoke a warranty, the Buyer must contact the Seller in the manner described in Article 8.
14.2 What are the legal guarantees of the Seller
The Sellers on the platform are liable for non-conformities of the Products.
The legal conformity guarantee applies when the product shows a lack of conformity, for example when the product does not function according to usual practices, or when it does not correspond to the description given.
It is recalled that in the context of the legal warranty, the Customer:
has a period of two (2) years from delivery of the Product to file a claim with the Seller;
- can choose between repair or replacement of the ordered Product;
- is exempt from providing proof of the Product's lack of conformity for twelve months after delivery of the product.
The legal guarantee of conformity applies regardless of any commercial warranty granted on the Product.
Legal compliance guarantee
Conformity: He is also liable for defects of conformity arising from the packaging, assembly instructions or installation, if this was charged to him under the contract or if this was carried out under his responsibility.
In this context, the Product is deemed to comply with the contract;
(i) when it is suitable for the normal use expected of a similar product and, if applicable
(a) when it corresponds to the description given by the Seller and possesses the qualities presented to the Buyer in the form of a sample or model, or
(b) when it possesses the qualities that a Buyer would expect in view of the public;
statements made by the Seller, by the manufacturer or by his representative, in particular in the field of advertising or labelling;
(ii) when it has the characteristics determined by mutual agreement of the parties or is suitable for a special use desired by the Buyer which he has brought to the attention of the Seller and the Seller has accepted this.
● "Defects of conformity that occur within a period of six months after delivery of the good are deemed to exist at the time of delivery, unless the contrary is proven. The Seller may refute this assumption if it is incompatible with the nature of the good or the alleged defect of conformity. After this period, the Buyer must provide proof that the defect existed at the time of purchase, for example by means of an appraisal.
● The Buyer has the right to demand the conformity of the Product with the contract, but cannot contest the conformity by relying on a defect known to him or of which he could and should have become aware when he used it concluded the contract (for example, the Buyer cannot claim non-conformity due to micro-scratches on the screen when the Product sheet expressly indicates that the screen contains micro-scratches).
In case of non-conformity: The buyer may demand the conformity of the product and choose between repair and replacement of the Product. The Seller may reject the Buyer's choice if this choice is impossible or obviously entails disproportionate costs. In such a case, the Seller will act in a manner not chosen by the Buyer, unless this is impossible.
● "In the case of articles 1641 and 1643, the Buyer has the choice to return the item and claim reimbursement of the price, or to keep the item and request reimbursement of part of the price. He has this option also (i) if the requested, proposed or agreed solution cannot be implemented within one month of the Buyer's complaint, or (ii) if this solution cannot be implemented without major inconvenience to the Buyer given the nature of the Product and the use he intends to use. However, the sale cannot be canceled if the non-conformity is minor.
● The application of this article is free of charge for the Buyer. In addition, the Buyer can always request compensation for damages.
To invoke the guarantees, the Buyer logs in to his customer account and reports the request per product to the supplier. After completing the request in full, the Buyer will receive a return label for the defective Product. Shipping costs for returning the Product are the responsibility of the Seller.
Buyer must package the Product carefully and return it to Seller so that it is not damaged in transit. The Buyer must also ensure that their personal data is deleted before returning the Product and that it is disconnected from any account that would be associated with the Product.
14.3 In which cases is the application of guarantees excluded?
The warranty does not apply in the following cases:
- When the product is oxidized, broken or broken;
- When one or more of the components of the product have been handled by the buyer or a third party not authorized by the seller;
- When the use of the product by the Buyer exceeds so-called normal use, i.e. use that is normally expected of a similar product;
- In the event of negligence or lack of maintenance of the Product by the Buyer, or in the event of an accident (e.g. a fall) after delivery of the Product.
In addition, normal wear and tear of the product is not covered by the warranties.
Article 15. Application of law
These GTC are exclusively governed by Dutch law.
Appendix: Withdrawal form
(Please complete and return this form only if you wish to withdraw from the contract.)
For the attention of [the trader's company name, address and email address]
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I/We (*) hereby notify you (*) of my/our (*) withdrawal from the contract for the sale of the property (*)/for the provision of services (*) as stated below:
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Ordered on (*)/received on (*) :
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Name of consumer(s):
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Address of the consumer(s):
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Signature of the consumer(s) (only in case of notification of this form in paper format):
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Date:
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(*) Delete what is not applicable.
