General Terms and Conditions (T&Cs) for refurbily
§ 1 Scope of Application and Provider
(1) These General Terms and Conditions (hereinafter "T&Cs") govern the use of the platform refurbily (hereinafter "Website" or "Platform") and the legal relationship between the operator:
Tobias Klemp - Refurbily c/o Online-Impressum #8839
Europaring 90
53757 St Augustin
Germany
Email: info@refurbily.de
(hereinafter "Provider")
and the registered as well as non-registered users (hereinafter "User") of this Platform.
(2) Deviating, conflicting, or supplementary terms and conditions of the User shall not become part of the contract unless the Provider expressly agrees to their validity in writing.
§ 2 Description of Services and No Purchase Contract
(1) The Provider provides a free platform on refurbily where Users can compare prices and offers for refurbished technology products from various third-party providers and online shops (hereinafter "Partner Shops").
(2) Important Note: The Provider does not sell the products displayed on the Website himself. By using refurbily and being redirected to a Partner Shop, no purchase contract or any other contract for the acquisition of products is concluded with the Provider. Contracts for the purchase of products are concluded exclusively between the User and the respective Partner Shop. The T&Cs and privacy policies of the respective Partner Shop apply.
(3) The Provider endeavors to keep prices, product information, and availabilities as up-to-date as possible. However, since this data is provided automatically by the Partner Shops, discrepancies may occur in exceptional cases. The price displayed on the website of the Partner Shop at the time of purchase is always decisive.
§ 3 Registration and User Account
(1) For certain functions on the Platform (e.g., creating price alerts or writing reviews), the creation of a free user account (registration) is required.
(2) Registration is only permitted for natural persons with full legal capacity or with the consent of their legal representatives.
(3) The User is obliged to provide the data requested during registration (e.g., email address, username) truthfully and completely. Multiple registrations under different names are prohibited.
(4) The access data (especially the password) must be kept secret by the User and protected from access by third parties. If the User suspects any misuse of their account, they must inform the Provider immediately.
(5) There is no entitlement to the activation or maintenance of a user account. The Provider may refuse registrations without giving reasons.
§ 4 User-Generated Content (Ratings and Reviews)
(1) Registered Users have the opportunity to write ratings, comments, or reviews (hereinafter "Content") regarding products or Partner Shops.
(2) The User undertakes to submit only objective, truthful ratings that correspond to the facts. It is prohibited to publish Content that:
is unlawful, insulting, threatening, defamatory, or discriminatory,
violates the rights of third parties (in particular copyrights, trademark rights, or personal rights),
contains advertising, spam, affiliate links, or malicious software,
was created in exchange for payment or other consideration (courtesy reviews).
(3) By posting Content, the User grants the Provider a free, temporally and spatially unlimited, irrevocable, and transferable right to use, reproduce, modify, and make this Content publicly accessible on the refurbily Platform.
(4) The Provider reserves the right to review, edit, block, or permanently delete Content created by Users without giving reasons, particularly if it violates these T&Cs.
(5) The User shall indemnify and hold the Provider harmless from all claims by third parties asserted against the Provider due to an infringement of their rights by the Content posted by the User. This also includes the reasonable costs of legal defense.
§ 5 Price Alerts and Notification Services
(1) Users can set up free price alerts for certain products. The Provider informs the User via email as soon as the price reported by the Partner Shop reaches or falls below the target price chosen by the User.
(2) The notification of a price alert is a non-binding service. The Provider assumes no liability or guarantee that the notification will be delivered on time, without errors, or at all (e.g., due to technical disruptions, transmission errors, or spam filters).
(3) The User can deactivate set price alerts at any time via their user account or via an unsubscribe link in the notification email.
§ 6 Limitation of Liability
(1) The Provider shall be liable without limitation for damages resulting from injury to life, body, or health based on an intentional or negligent breach of duty by the Provider or his vicarious agents.
(2) For other damages, the Provider shall only be liable in cases of intent and gross negligence. In the event of a slightly negligent breach of an obligation, the fulfillment of which makes the proper execution of the contract possible in the first place and on the compliance with which the User may regularly rely (essential contractual obligation / Kardinalpflicht), the liability of the Provider shall be limited to the contractually typical, foreseeable damage.
(3) Since the use of the Platform is free of charge for the User, liability for slightly negligent breaches of duty is otherwise excluded.
(4) The Provider is not liable for the accuracy, completeness, or timeliness of the data transmitted by the Partner Shops (prices, product descriptions, delivery times) or for the availability of the linked products.
§ 7 Termination and Deletion of the Account
(1) The User can delete their user account at any time without giving reasons by using the corresponding function in the user account or by sending a message to the Provider.
(2) The Provider may terminate the user contract at any time with a notice period of two weeks. The right to extraordinary termination without notice and blocking of the account for good cause (e.g., in the event of serious violations of § 3 or § 4 of these T&Cs) remains unaffected.
§ 8 Amendments to the T&Cs
The Provider reserves the right to amend these T&Cs at any time with effect for the future, provided this is necessary for legal or technical reasons. The amended conditions will be sent to registered Users by email at least four weeks before they come into force. If the User does not object to the changes within this period, the amended T&Cs shall be deemed accepted.
§ 9 Final Provisions and Dispute Resolution
(1) The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). For consumers, this choice of law applies only to the extent that the protection granted by mandatory provisions of the law of the state in which the consumer has their habitual residence is not withdrawn.
(2) The European Commission provides a platform for online dispute resolution (ODR), which you can find at https://ec.europa.eu/consumers/odr. The Provider is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
(3) Should individual provisions of these T&Cs be or become invalid, this shall not affect the validity of the remaining provisions.