General Terms and Conditions
Introductory Provisions
1. Identification of the Seller
These General Terms and Conditions (hereinafter referred to as the "GTC") govern the rights and obligations arising in connection with the sale of goods through the online store operated by iRefurb s. r. o., with its registered seat at Mlynské nivy 18890/5, 821 09 Bratislava – Ružinov, Slovak Republic, Company ID No.: 57 145 342, registered in the Commercial Register maintained by the Municipal Court Bratislava III, Section Sro, Insert No. 191572/B (hereinafter referred to as the "Seller" or the "Trader").
2. Definition of the Parties
- 2.1 The buyer shall exclusively mean a natural person who, when entering into and performing the purchase agreement, does not act within the scope of their business activity, employment or profession, i.e. a consumer within the meaning of Section 2(a) of Act No. 108/2024 Coll. on Consumer Protection, as amended (hereinafter referred to as the "Consumer Protection Act").
- 2.2 These GTC shall not apply to persons acting within the scope of their business activities nor to legal entities. The Seller does not enter into purchase agreements with entrepreneurs.
- 2.3 The Seller and the Buyer shall hereinafter also be jointly referred to as the "Contracting Parties" and individually as a "Contracting Party".
3. Method of Sale and Type of Goods
- 3.1 The Seller sells goods exclusively through the online store available via the website interface at https://www.irefurb.com (hereinafter referred to as the "E-shop"), while purchase agreements are concluded exclusively as distance contracts within the meaning of the Consumer Protection Act.
- 3.2 The Seller does not operate any physical retail stores or other premises intended for in-person sales and does not enable the conclusion of purchase agreements in the simultaneous physical presence of the Contracting Parties.
- 3.3 The subject of sale consists exclusively of used, second-hand or refurbished Apple branded products (hereinafter referred to as the "Goods").
- 3.4 The Goods sold by the Seller are not new. They constitute goods that have previously been used or placed on the market, or have been professionally restored or refurbished. The fact that the Goods are used constitutes an essential characteristic of the Goods and is reflected in their price.
- 3.5 The Goods may show reasonable signs of previous use corresponding to their nature, age and technical condition. A specific description of the condition of the Goods, including their visual or technical characteristics, is provided with each individual product in the E-shop.
4. Subject Matter and Scope of the GTC
- 4.1 These GTC govern the rights and obligations of the Contracting Parties arising from the purchase agreement concluded through the E-shop, in particular the conditions for concluding the purchase agreement, the conditions for delivery of the Goods, the rights and obligations of the Contracting Parties, the rights arising from liability for defects of the Goods, and the conditions for withdrawal from a distance contract.
- 4.2 These GTC shall apply to all offers of Goods published in the E-shop and to all purchase agreements concluded between the Seller and the Buyer through the E-shop, unless expressly agreed otherwise.
- 4.3 These GTC form an integral part of each purchase agreement concluded between the Seller and the Buyer through the E-shop.
- 4.4 By submitting an order, the Buyer confirms that, prior to the conclusion of the purchase agreement, they have duly familiarised themselves with these GTC, have understood their content and agree to them in the wording effective at the time of submission of the order.
5. Governing Law
- 5.1 The legal relations between the Seller and the Buyer shall be governed by the laws of the Slovak Republic, in particular by:
- Act No. 40/1964 Coll., the Civil Code, as amended;
- Act No. 108/2024 Coll. on Consumer Protection;
- Act No. 22/2004 Coll. on Electronic Commerce;
- other generally binding legal regulations of the Slovak Republic.
- 5.2 The provisions of these GTC shall be interpreted in accordance with the mandatory provisions of consumer protection legislation. If any provision of these GTC is contrary to a mandatory provision of applicable law, the respective statutory provision shall apply; this shall not affect the validity of the remaining provisions of these GTC.
Article 1 - Definitions
- The Seller or Trader shall mean the operator of the online store, the company iRefurb s. r. o., with its registered seat at Mlynské nivy 18890/5, 821 09 Bratislava – Ružinov, Slovak Republic, Company ID No.: 57 145 342, registered in the Commercial Register maintained by the Municipal Court Bratislava III, Section Sro, Insert No. 191572/B.
- In the event of a complaint regarding Goods purchased through the E-shop, the contact details of the Seller are as follows: e-mail: contact@irefurb.com, postal address for sending complaints/returns: iRefurb s. r. o., Mlynské nivy 18890/5, 821 09 Bratislava.
- The identification details and contact details of the Seller specified in paragraphs 1 and 2 of this Article serve for communication between the Buyer and the Seller; by providing such details, the Seller fulfils the specific information obligation pursuant to Section 15(1)(a), (b) and (c) of the Consumer Protection Act.
- The Buyer shall mean a natural person – consumer who purchases Goods through the E-shop.
- The Buyer or Consumer shall, within the meaning of Section 52(4) of Act No. 40/1964 Coll., the Civil Code, as amended (hereinafter referred to as the "Civil Code"), mean a natural person who, when entering into and performing a consumer contract, does not act within the scope of their business activity or profession.
- A Consumer Contract shall mean any contract, regardless of its legal form, concluded between a Trader and a Consumer.
- A Distance Contract shall mean a contract between a Trader and a Consumer negotiated and concluded exclusively through one or more means of distance communication without the simultaneous physical presence of the Trader and the Consumer, in particular through the use of a website (online interface) or electronic mail.
- Legal relations between the Trader and the Buyer not expressly regulated by these GTC shall be governed by the Civil Code and the Consumer Protection Act.
- Goods with Digital Elements shall mean a movable item that incorporates or is interconnected with digital content or a digital service in such a way that the absence of such digital content or digital service would prevent the item from performing its functions.
- Digital Content shall mean data that are produced and supplied in digital form.
- A Digital Service shall mean a service that enables the Consumer to create, process or store data in digital form, or to access such data, or that enables the sharing of or any other interaction with data in digital form.
- Digital Performance shall mean Digital Content and a Digital Service.
- The competent supervisory authority overseeing compliance with the Seller's obligations in the field of consumer protection is the Slovak Trade Inspection (SOI).
Article 2 - Conclusion of the Purchase Agreement
- The Seller sells the Goods exclusively through the E-shop. The GTC and the complaint procedure are published on the E-shop website in such a manner that the Buyer has the opportunity to familiarise themselves with them prior to submitting an order.
- In the case of products that constitute Goods with Digital Elements, Digital Content or a Digital Service, the Seller fulfils its information obligation regarding the compatibility and interoperability of such products in accordance with Act No. 108/2024 Coll. on Consumer Protection. Such information is provided together with the offer of the Goods in the E-shop.
- By submitting an order through the E-shop, the Buyer confirms that they have thoroughly familiarised themselves with the content of these GTC and the complaint procedure, have understood their content and agree to them without reservation. By submitting the order, the Buyer also confirms that they have been informed that the order includes an obligation to pay the purchase price.
- In the case of sales through the E-shop, the order constitutes an offer by the Buyer to conclude a purchase agreement.
- Receipt of the order by the Seller is confirmed by an automatically generated message, which does not constitute acceptance of the offer to conclude the purchase agreement. The purchase agreement is concluded only at the moment when the Seller sends a confirmation of the order to the e-mail address of the Buyer specified in the order; such confirmation is sent on a durable medium (in particular by e-mail).
- The order confirmation shall contain, in particular, information regarding the name and specification of the Goods, their price, the delivery period, the place of delivery and the delivery conditions.
- The Seller shall be entitled to cancel the order or a part thereof if the Goods cannot be delivered for objective reasons, in particular due to their unavailability, exhaustion of stock or technical reasons. The Buyer shall be informed of such circumstance without undue delay.
- If the Buyer has paid the price of the order or a part thereof and the Contracting Parties do not agree on substitute performance, the Seller undertakes to refund the paid amount no later than within 14 days using the same method by which the payment was received, unless the parties agree otherwise.
- The purchase agreement is concluded in the Slovak language. The Seller shall archive the purchase agreement in electronic form for the period necessary to fulfil its statutory obligations. The purchase agreement shall not be accessible to third parties, except where required by applicable law.
- When concluding the purchase agreement, the Buyer bears only the costs of the use of means of distance communication at the rates charged by the provider of such services.
- Title to the Goods shall pass to the Buyer at the moment of delivery. The risk of damage to the Goods shall pass to the Buyer at the moment the Goods are taken over by the Buyer or by a third person designated by the Buyer, other than the carrier.
Article 3 - Ordering of Goods
- Goods may be ordered exclusively through the E-shop.
- When purchasing through the E-shop, the Buyer selects Goods from the Seller's current offer and confirms their selection by clicking the relevant icon (e.g. "Add to Cart"). Goods placed in the cart may be reviewed through the display of the cart contents.
- The Buyer completes the order by clicking the relevant icon (e.g. "Order with obligation to pay"), while in the individual steps the Buyer provides their identification and contact details, selects the method of delivery and the method of payment. Before submitting the order, the Buyer has the opportunity to review and correct the entered data.
- A condition for the validity of the order is the proper completion of all mandatory fields specified in the order form of the E-shop.
- By submitting the order, the Buyer confirms that they have been informed that the order includes an obligation to pay the purchase price.
- An order placed through the E-shop constitutes an offer to conclude a purchase agreement. The purchase agreement is concluded only upon confirmation of the order by the Seller in accordance with Article 2 of these GTC.
- The Seller shall be entitled to refuse or cancel the order or a part thereof, in particular due to the unavailability of the Goods, exhaustion of stock or for technical reasons. The Buyer shall be informed of such circumstance without undue delay. If the Buyer has already paid the price of the order or a part thereof and no agreement on substitute performance is reached, the Seller shall refund the received payment no later than within 14 days using the same method by which the payment was received, unless the Contracting Parties agree otherwise.
- By concluding the purchase agreement, the Seller undertakes to deliver the Goods to the Buyer in accordance with the agreed requirements and the general requirements pursuant to Sections 616 and 617 of the Civil Code.
Article 4 - Price
- The Buyer is informed about the price of the Goods directly in the E-shop for each individual product. The stated price is the final price including value added tax (VAT) and includes all statutory fees. Delivery costs are not included in the price of the Goods and are added separately according to the selected delivery method; the amount of such costs is indicated during the order process.
- The price of the Goods is displayed together with the Goods in the E-shop along with information on their availability. Prior to submitting the order, the Buyer is informed of the total price including delivery costs.
- The available methods of payment in the E-shop are indicated during the order process. The ordered Goods shall be dispatched to the Buyer after receipt of payment, unless otherwise specified for the selected method of payment.
- The document confirming the sale shall be an invoice issued by the Seller in electronic form, which shall be sent to the Buyer to the e-mail address specified in the order. The invoice also serves as proof of purchase.
- Promotional offers and discounts are valid for the period during which they are published in the E-shop or until stocks are exhausted, unless expressly stated otherwise.
- The Seller reserves the right to change the price of the Goods in the event of an obvious error in the price or another technical error in the display of the price of the Goods in the E-shop. In such a case, the Seller shall inform the Buyer without undue delay of the correct price. If the Buyer does not agree with the change of price, the purchase agreement shall not be concluded or the Seller shall be entitled to withdraw from it; in such a case, all payments received shall be refunded to the Buyer without undue delay.
- The Seller shall not be bound by an obviously incorrect price of the Goods published as a result of a system error or another technical error, if it is evident that such price is manifestly disproportionate to the usual value of the Goods.
Article 5 - Withdrawal from the Contract
Withdrawal from the contract shall be governed by these GTC and the applicable generally binding legal regulations of the Slovak Republic, in particular the Consumer Protection Act and the Civil Code.
1. Withdrawal from the Contract by the Seller
- 1.1 The Seller shall be entitled to withdraw from the purchase agreement particularly in the following cases:
- depletion of stock or unavailability of the Goods;
- where the manufacturer or supplier has discontinued production or made substantial changes preventing delivery of the Goods;
- occurrence of force majeure circumstances;
- where, despite making all efforts that may reasonably be required, the Seller is unable to deliver the Goods within the agreed period;
- an obvious error in the price of the Goods.
- 1.2 In the event of withdrawal from the contract pursuant to paragraph 1 of this section, the Seller shall inform the Buyer without undue delay and shall refund all payments received no later than within 14 days using the same method by which they were received, unless the Contracting Parties agree otherwise.
- 1.3 An obviously erroneous price shall mean, in particular, a price that is clearly disproportionate to the usual market value of the Goods, contains an obvious technical error (e.g. missing digits) or has arisen as a result of a technical malfunction of the system.
- 1.4 The Seller shall also be entitled to withdraw from the contract where there is reasonable suspicion of abuse of the ordering system, fraudulent conduct or unauthorised interference with the E-shop.
2. Withdrawal from the Contract by the Consumer
- 2.1 The Consumer shall be entitled to withdraw from a distance contract without giving any reason within 14 days from the date of receipt of the Goods.
- 2.2 The Goods shall be deemed to have been received at the moment when the Consumer or a third person designated by the Consumer, other than the carrier, takes possession of the Goods.
- 2.3 If:
- Goods from a single order are delivered separately, the withdrawal period shall commence upon receipt of the last item of Goods;
- Goods consisting of several parts or pieces are delivered, the withdrawal period shall commence upon receipt of the last part or piece;
- Goods are delivered repeatedly over a specified period, the withdrawal period shall commence upon receipt of the first delivery.
- 2.4 The Consumer may withdraw from the contract even before the withdrawal period has commenced.
- 2.5 The Consumer may not withdraw from the contract in cases provided for by law, in particular where the subject of the contract is:
- Goods made according to the Consumer's specific requirements;
- Goods subject to rapid deterioration or spoilage;
- Goods which, for hygiene reasons, cannot be returned after delivery if their protective packaging has been opened;
- digital content not supplied on a tangible medium where the provision of such content has begun with the Consumer's express consent.
3. Procedure for Withdrawal
- 3.1 The Consumer may withdraw from the contract by sending a notice of withdrawal to the Seller's e-mail address or in written form to the following address: iRefurb s. r. o., Mlynské nivy 18890/5, 821 09 Bratislava. The withdrawal period shall be deemed observed if the notice is sent no later than on the last day of the period.
- 3.2 The Consumer shall return the Goods to the Seller or to a person authorised by the Seller no later than within 14 days from the date of withdrawal from the contract. The time limit shall be deemed observed if the Goods are handed over for transport no later than on the last day of the period.
- 3.3 The Consumer shall bear the costs of returning the Goods unless the Seller has expressly stated that it will bear such costs.
- 3.4 The Seller shall refund to the Consumer all payments received, including the costs of the least expensive delivery method offered, no later than within 14 days from the date of receipt of the notice of withdrawal from the contract. The Seller shall not be obliged to refund the payments before the Goods are returned to the Seller or before the Consumer proves that the Goods have been sent back.
- 3.5 The Consumer shall be liable for any reduction in the value of the Goods resulting from handling the Goods beyond what is necessary to ascertain their nature, characteristics and functioning.
- 3.6 If a gift was provided together with the Goods, the Consumer shall be obliged to return such gift together with the Goods.
- 3.7 Unilateral set-off of claims by the Seller against the Consumer shall be excluded unless otherwise provided by applicable law.
Article 6 - Delivery of Goods
- The Goods shall be delivered exclusively to the address specified by the Buyer in the order, through a transport or courier service selected by the Seller.
- The costs of delivery depend on the selected delivery method and are displayed to the Buyer during the order process prior to the submission of the order. If the Seller provides free delivery subject to certain conditions, such conditions shall be specified in the E-shop.
- The Seller undertakes to deliver the Goods to the Buyer no later than within 30 days from the date of conclusion of the purchase agreement, unless the Contracting Parties agree otherwise. If the Seller is unable to deliver the Goods within the specified period, the Seller shall inform the Buyer of this fact without undue delay and propose an additional reasonable period for performance. If the Buyer does not agree with such additional period, the Buyer shall be entitled to withdraw from the contract; in such case, the Seller shall refund all payments received from the Buyer no later than within 14 days.
- The Buyer shall be entitled to refuse to accept the shipment if the shipment is visibly damaged or incomplete. If the Buyer accepts the shipment, it is recommended that the Buyer inspect its condition without undue delay and notify the carrier and the Seller of any apparent defects.
- The risk of damage to the Goods shall pass to the Buyer at the moment the Goods are taken over by the Buyer or by a third person designated by the Buyer, other than the carrier.
- If the Buyer unjustifiably refuses to accept duly delivered Goods or fails to provide the necessary cooperation for their delivery, the Seller shall be entitled to claim reimbursement of reasonably incurred costs associated with the unsuccessful delivery. If the Buyer fails to accept the Goods even within an additionally provided reasonable period, the Seller shall be entitled to withdraw from the contract.
- The document confirming the purchase shall be an invoice issued by the Seller in electronic form. The invoice shall also serve as a document for the exercise of rights arising from liability for defects.
Article 7 - Liability for Defects (Complaint Procedure)
1. General Provisions
- 1.1 This Article governs the rights and obligations of the Contracting Parties when exercising rights arising from liability for defects of the Goods (hereinafter referred to as a "Complaint"). Rights arising from liability for defects shall be governed by the relevant provisions of the Civil Code and Act No. 108/2024 Coll. on Consumer Protection.
- 1.2 The Seller shall be liable for ensuring that the Goods have the agreed characteristics at the time of delivery and that they are free from defects that would prevent their proper use, taking into account that the Goods are used.
- 1.3 As the subject of sale consists of used Goods, the Contracting Parties have agreed, in accordance with Section 619(3) of the Civil Code, that the Seller shall be liable for defects that occur within 12 months from the delivery of the Goods.
- 1.4 The Seller shall not be liable for defects:
- which were expressly disclosed at the time of the conclusion of the contract and taken into account in the price of the Goods;
- which arise from normal wear and tear corresponding to the nature and age of the Goods;
- which arise as a result of improper use, unauthorised intervention or mechanical damage occurring after the Goods have been taken over.
- 1.5 If a defect becomes apparent within 12 months from delivery, it shall be presumed that the defect already existed at the time of delivery, unless proven otherwise or unless such presumption is incompatible with the nature of the Goods or the nature of the defect.
- 1.6 The Consumer shall be obliged to lodge a Complaint without undue delay after discovering the defect.
2. Lodging a Complaint
- 2.1 A Complaint may be lodged in writing or electronically using the contact details of the Seller specified in these GTC. The Goods subject to the Complaint must be sent to the address of the Seller or to another address designated by the Seller.
- 2.2 The Seller shall confirm receipt of the Complaint without undue delay on a durable medium.
- 2.3 The Seller shall settle the Complaint no later than within 30 days from the date of its submission, unless a specific legal regulation provides for a shorter period.
3. Rights of the Consumer in the Event of Defective Goods
- 3.1 If the defect is remediable, the Consumer shall have the right to have the defect remedied free of charge by repair or replacement of the Goods.
- 3.2 If the removal of the defect is not possible or would be disproportionate, the Consumer may request an appropriate reduction of the price or withdraw from the contract.
- 3.3 The Consumer shall not have the right to withdraw from the contract if the defect is insignificant.
- 3.4 The Seller may refuse to remedy the defect if it would be impossible or would involve disproportionate costs in view of the value of the Goods and the significance of the defect.
4. Digital Elements
If the Goods contain digital elements, the Seller's liability shall also be governed by the provisions of the Civil Code relating to Goods with Digital Elements, while the scope of such liability shall correspond to the nature of the used Goods.
5. Proof of Purchase
The proof of purchase shall be the invoice delivered to the Buyer in electronic form. Submission of proof of purchase is required when lodging a Complaint.
Article 8 - Alternative Dispute Resolution
- The Consumer shall have the right to contact the Seller with a request for remedy if the Consumer is not satisfied with the manner in which their Complaint has been handled or if the Consumer believes that the Seller has violated their rights. Such request may be sent electronically to the Seller's e-mail address specified in these GTC.
- If the Seller responds to the request for remedy with a rejection or fails to respond within 30 days from the date of its submission, the Consumer shall have the right to submit a proposal for the initiation of alternative dispute resolution to an alternative dispute resolution entity in accordance with Act No. 391/2015 Coll. on Alternative Dispute Resolution for Consumer Disputes.
- The list of alternative dispute resolution entities is published on the website of the Ministry of Economy of the Slovak Republic. The Consumer may submit a proposal in the manner specified in Section 12 of the Act on Alternative Dispute Resolution for Consumer Disputes.
- The Consumer may also use the Online Dispute Resolution (ODR) platform available on the website of the European Commission to submit a proposal.
- Alternative dispute resolution applies exclusively to disputes between a Consumer and the Seller arising from or related to a consumer contract.
Article 9 - Personal Data Protection
Information regarding the processing of personal data is provided in a separate document entitled (Personal Data Processing Policy) published on the Seller's website.
Article 10 - Force Majeure
- The Seller shall not be liable for delay or failure to perform its obligations if such delay or failure results from a force majeure event that could not have been foreseen or influenced by the Seller, in particular in cases of natural disasters, armed conflict, terrorist attacks, civil unrest, network outages, strikes or decisions of public authorities.
- If the circumstances of force majeure persist for more than 30 days, either of the Contracting Parties shall be entitled to withdraw from the contract.
Article 11 - Final Provisions
- The purchase agreement concluded between the Seller and the Consumer is entered into for a definite period, namely until all obligations of the Contracting Parties have been fulfilled.
- These GTC shall enter into force on 1 March 2026.
- The Seller shall be entitled to amend or supplement these GTC to a reasonable extent. Any amendments shall enter into force on the date of their publication on the Seller's website and shall not apply to contracts concluded prior to their entry into force.
- Legal relations not governed by these GTC shall be governed by the laws of the Slovak Republic, in particular the Civil Code and Act No. 108/2024 Coll. on Consumer Protection.
- In the event of any discrepancy between the provisions of the purchase agreement and these GTC, the individually agreed terms set out in the order confirmation shall prevail.
- If any provision of these GTC becomes invalid or unenforceable, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by a provision which most closely reflects the meaning and purpose of the original provision.