Version: September 2024
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Reseller Terms and Conditions
Consumer Terms and Conditions
Reseller Terms and Conditions
Note: These terms and conditions do not apply exclusively to resellers, but also to operators, distributors, retailers and marketplaces. The terms and conditions that apply to all consumer customers who have purchased the products directly from the Renewd Shop or through an official partner channel are listed under ‘Consumer Section’ below.
ARTICLE 1. GENERAL
1.1 In these General Terms and Conditions of Sale (“General Terms and Conditions of Sale”), refer to the following companies: Global Tradein B.V. (hereinafter referred to as Renewd), established in Amsterdam (Chamber of Commerce number 92481930)
1.2 In these General Terms and Conditions of Sale, other party (“Other Party”) means: every legal entity or natural person having assumed a commitment in respect of Renewd, or having received an offer to that end from Renewd, or having asked Renewd to issue a quotation, and apart from them also their representative(s), agent(s) and successor(s) by universal or particular title.
1.3 All offers made by Renewd, as well as all contracts for the sale of goods and/or the provision of services entered with Renewd, along with their execution and any other commitments related to Renewd (including service contracts, leases, etc.), are governed exclusively by these General Terms and Conditions of Sale.
1.4 The applicability of any terms and conditions, of whatever name, used by the Other Party is hereby expressly rejected.
1.5 Any deviations from these General Terms and Conditions of Sale are only valid if agreed upon in writing and explicitly confirmed in writing by Renewd. Failure by Renewd to consistently enforce compliance with these terms does not imply that the terms are waived or inapplicable, nor does it prevent Renewd from insisting on strict adherence to these terms in future situations, whether similar or not.
ARTICLE 2. OFFERS
2.1 All offers made by Renewd to the Other Party are subject to contract, even if they mention a period unless they expressly state otherwise.
2.2 Renewd expressly does not rule out changes to and errors (including printing errors) in its price lists, brochures, website information and other data.
ARTICLE 3. CONTRACTS
3.1 Contracts are formed after written confirmation from Renewd or after Renewd has commenced the performance of the contract. Any written or oral contracts, transactions, arrangements and/or stipulations made by Renewd staff or intermediaries may be revoked by the persons authorised to represent Renewd according to the Commercial Register.
3.2 For contracts, deliveries and orders for which no written quotation or order confirmation has been made, Renewd ’s invoice or packing slip is (also) regarded as order confirmation and is deemed to accurately and fully reflect the contract.
3.3 If the Other Party fails to fulfil any obligation under the contract or these General Terms and Conditions of Sale, or does so improperly or late, or if the Other Party faces bankruptcy, requests suspension of payments, or loses legal control of its assets due to seizure or other reasons, or if Renewd determines that the Other Party lacks sufficient financial stability, Renewd may, at its discretion, terminate the contract without court involvement or request additional security (such as a bank guarantee, pledge, mortgage, security deposit, etc.). Renewd will not be liable for any damages and reserves the right to seek compensation for any losses it incurs. This provision also applies if Renewd has allowed delivery on credit. In such cases, Renewd is entitled to immediately recover the goods delivered, or arrange for their recovery. The Other Party grants Renewd irrevocable permission to enter the premises where the goods are stored in order to take possession of them.
3.4 If Renewd has partially complied with its obligations for any reason whatsoever, Renewd will be entitled to send separate, interim invoices for the goods delivered and/or services rendered and the Other Party will be required to pay these invoices as if they concerned separate contracts.
3.5 In the event that several other parties/customers jointly place an order or make a purchase with Renewd , they will be jointly and severally liable to Renewd for payment of the consideration, regardless of the name on the invoice, in evidence whereof they will co-sign the order.
ARTICLE 4. PRICES
4.1 If not expressly agreed otherwise, all price lists issued by Renewd are in euros ex warehouse, exclusive of VAT, order costs, handling costs, dropshipping costs, cash on delivery charges, packaging, shipment, transport documents, assembly/installation, inspection, insurance, government levies (if any), surcharges and/or taxes.
4.2 The prices are based on the costs known during the offer, such as prices, exchange rates, wages, taxes, levies, charges, freight charges, et cetera. If cost-increasing circumstances occur after confirmation of the order, Renewd will be entitled to adjust the price agreed with the Other Party accordingly in so far as provisions of mandatory law do not oppose this, regardless of whether Renewd could have foreseen the change at the time of conclusion of the contract. In the event of a framework contract with arrangements on prices in the context of which periodic orders are placed by the Other Party, Renewd may adjust the prices and rates by giving three (3) months’ written notice.
4.3 In the event of a wrong price assumption by Renewd (which cannot be attributed to a gross breach on the part of Renewd ) with regard to the applicable purchase prices payable by Renewd, Renewd will have the right to apply the price changes in accordance with paragraph 2 above for a period of six (6) months after delivery by giving simple notice. Such a price change will not give the Other Party the right to terminate the contract.
4.4 Termination by the Other Party on account of a price increase is only permitted, no later than eight (8) working days after notification of the price increase, in the event of an increase of the price by more than 15% and if the Other Party terminates the contract for that reason in writing by the date on which the price or rate change is to take effect. Termination by the Other Party will not affect the Other Party’s obligations to pay the consideration for the period until the termination date mentioned. Price decreases or price changes resulting from legislative or tax changes will not give the Other Party the right to terminate the contract.
ARTICLE 5. TAKING POSSESSION OF THE GOODS
5.1 If no period has been agreed upon conclusion of a transaction within which the Other Party is to take possession of the goods, the Other Party is to take possession of the goods within five (5) working days of the goods being ready for receipt. If no possession is taken of the goods within the period agreed, both in one case and in the other, the Other Party will be automatically in default, therefore without demand and/or notice of default. The Other Party will be obliged to reimburse all expenses or losses, including costs of storage, resulting from its refusal to take possession of the goods. Further, Renewd will have the right, at its discretion, either to demand performance or to terminate the transaction without the intervention of any court and without prejudice to its right to (additional) damages in respect of the Other Party.
ARTICLE 6. LIABILITY
6.1 Renewd’s liability for attributable non-performance of the contract or for any other reason is limited to the amount received by Renewd from its insurer under its insurance with regard to the damage for which Renewd is held liable by the Other Party.
6.2 If no insurance payment is forthcoming with regard to the damage concerned, Renewd’s liability will in any event be limited to (1) the warranty provided in Article 7; or (2) no more than the stipulated and paid price (excluding VAT) received by Renewd from the Other Party for the product and/or the service concerned that is the object of the Other Party’s liability claim against Renewd, regardless of the legal basis.
6.3 In no circumstances will Renewd be liable to the Other Party for any special, consequential, indirect, ancillary, incidental or criminal damage, including but not limited to damage caused by delays, lost profits, lost savings, increased operational costs, damage for or caused by customers of the Other Party, loss of customers, loss of goodwill, etc., howsoever caused, regardless of the basis of liability and regardless of whether it was advised in advance of the possibility of such damage arising in any way and regardless of whether the damage was foreseeable in any way.
6.4 Notwithstanding the provisions of Article 6 paragraph 3, if any products or services supplied by Renewd to the Other Party were purchased by Renewd from third parties (manufacturers, producers, suppliers), Renewd’s liability for damage caused by these products or services will be limited to the warranty received by Renewd in the specific case from the third party/parties concerned or the damage reimbursed to Renewd by the third party/parties concerned with regard to the damage that is the object of the Other Party’s liability claim against Renewd.
6.5 Renewd’s liability to the Other Party due to mutilation, destruction or loss of information, documents or data, howsoever caused, is excluded.
6.6 The Other Party will be solely responsible and liable for, and Renewd cannot be held liable for, installation, management, operation, functionality, compatibility and compliance with the licence terms and conditions of the software vendors (including but not limited to any reporting and information obligation) of all hardware and software installed by the Other Party in combination with the products and services supplied by Renewd Non-compliance with the software vendors’ licence terms and conditions may result in severe penalties and/or damages. The Other Party will be liable for all penalties forfeited and all direct and indirect damage incurred as a result of any non-compliance, and the Other Party will indemnify Renewd and hold Renewd harmless in this respect.
6.7 The limitations and exclusions of liability referred to in paragraphs 1 to 6 inclusive above do not apply in so far as the damage concerned is caused by intent or gross negligence of Renewd’s management.
6.8 Renewd will not in any way be liable to pay damages in circumstances other than those mentioned in the previous paragraphs, regardless of the ground on which any action for damages would be based.
6.9 Renewd’s liability only arises once the Other Party gives Renewd prompt and proper written notice of default, stating a reasonable period to remedy the non-performance, and Renewd continues to attributably fail in the performance of its obligations even after that period. The notice of default must contain as detailed a description as possible of the non-performance, enabling Renewd to respond adequately.
6.10 Every claim against Renewd will lapse in any event one (1) year after the claim arose.
6.11 The Other Party indemnifies Renewd against all third-party claims against Renewd, the cost (including reasonable legal costs) of defence against such claims, and all of Renewd’s obligations in respect of third parties, if such claims, costs and obligations ensue from or arise in connection with any acts or omissions or use of the products or services by the Other Party or any third party engaged by the Other Party and/or the improper performance of the agreement.
ARTICLE 7. WARRANTY AND REPAIR
7.1 Renewd will only issue a warranty for the products and services supplied if and so far as Renewd receives a warranty from its suppliers and is permitted by its supplier to pass it on to the Other Party. The Other Party must demonstrate its right to a warranty, if necessary by means of providing serial or licence numbers and/or submitting invoices with those data. Renewd has the right to require the Other Party (1) to submit a sales receipt that the Other Party’s customer must show to the Other Party in the event of a warranty claim, as well as (2) to provide a copy of the intake form provided by the Other Party as a receipt to its customer upon taking back a product offered to the Other Party with a warranty claim.
7.2 The warranty obligation granted in paragraph 1 (if any) lapses if the Other Party or its customer themselves make or procure changes or repairs to the goods delivered or if the goods delivered are used for purposes other than for normal (business) purposes or, in Renewd’s opinion, were improperly handled or maintained.
7.3 If the Other Party wishes to offer goods for repair, under a warranty or otherwise, it must follow the corresponding procedure as stated on the website “www.renewd.com” and it will be responsible for assessing and documenting the state the good to be repaired is in. Renewd has the right to refuse any good offered and to return it at the Other Party’s expense if it is damaged by improper packaging and/or if the good is not provided with an RMA number.
7.4 Renewd is entitled to charge the Other Party for the cost of uncovering defects not covered by a warranty under these provisions, in accordance with Renewd’s customary rates plus any costs of return shipment and repackaging. This also applies if no defects are found or if the Other Party chooses not to have the repair carried out after having received a statement of the cost of repair. The warranty on repairs is thirty (30) days.
7.5 Renewd will always have a choice between repairing the good/product offered by the Other Party and giving the Other Party a refund of (no more than) Renewd’s invoice amount (excluding VAT). The Other Party will never be entitled to claim additional costs, including without limitation profit margin, handling fees, etc.
ARTICLE 8. PAYMENTS
8.1 The Other Party’s payment for the goods, products and services to be supplied by Renewd must be effected by advance payment, unless agreed otherwise in writing, without any right for the Other Party to any deduction of discounts and/or setoff not expressly permitted by Renewd in writing. Renewd is entitled at all times to alienate and/or pledge its claims against the Other Party.
8.2 Payment of the invoices sent by Renewd for work performed and/or services and/or goods/products supplied must be effected within eight (8) days of the invoice date, unless agreed otherwise in writing, without any right for the Other Party to any deduction of discounts and/or setoff not expressly permitted by Renewd in writing.
8.3 The claim for payment of the entire sum owed will, in any event, be immediately due and payable upon non-punctual payment of any agreed instalment on the deadline for payment of any of the items, if the Other Party files or has filed for bankruptcy or suspension of payments, or if the Other Party dies, is wound up or – in so far as the Other Party is a legal entity – is dissolved.
8.4 If the amount owed by the Other Party to Renewd according to the invoice is not paid within the period applicable in that respect, the Other Party will automatically be in default without any notice of default being required, and from the invoice date, Renewd will be owed interest of 1½% of the total amount still outstanding for each month or part of a month, until the day of full payment and without prejudice to any other rights accruing to Renewd.
8.5 If Renewd is compelled to forward an unpaid invoice or any part thereof to a third party for collection, the out-of-court collection costs of 15% of the collection amount excluding VAT, with a minimum of 150 EUR excluding VAT, as well as the full costs, including the costs of litigation and legal assistance, will be borne by the Other Party. All this is without prejudice to Renewd’s right to performance or termination, in both cases with or without damages.
8.6 Every payment made by the Other Party serves primarily to pay the interest owed by it to Renewd as well as the collection costs incurred by Renewd and will subsequently be deducted from the oldest claim still outstanding.
8.7 Renewd will be able to terminate the contract with the Other Party with immediate effect and to fully suspend all of its obligations to subsidiaries or sister companies affiliated with the Other Party and/or to set these off against any claims of the Other Party or subsidiaries or sister companies affiliated with it – even if these claims have been transferred to a third party – if: The Other Party does not perform any obligation it has in respect of Renewd, or does not do so properly or in a timely fashion; The Other Party or any of its affiliated subsidiaries or sister companies is put into liquidation (or an application for this has been filed) or has been granted a suspension of payments; The Other Party loses its legal capacity to act or is detained in custody by court order; The Other Party has been dissolved or a claim for dissolution has been lodged against the Other Party or if the Other Party has adopted a resolution to dissolve or if the Other Party is wound up or, if it is a natural person, dies; The Other Party proceeds or has proceeded to discontinue its business or transfer its enterprise and the Other Party has not yet met its obligations in respect of Renewd. Renewd will have this right by the mere occurrence of any of the circumstances mentioned above, without any warning or notice of default or court intervention being required.
8.8 If, at the Other Party’s request, the invoice is made out in the name of a third party, both the Other Party and the third party will be jointly and severally liable to Renewd, and Renewd does not give permission for any transfer of the debt by the Other Party in any circumstances whatsoever.
8.9 The Other Party cannot derive any right or claim in respect of Renewd from pass-through payments by Renewd to the Other Party as described below. Renewd accepts no obligation, commitment and/or liability in that respect whatsoever. Pass-through payments are payments of manufacturers, producers or suppliers intended for the Other Party with regard to products and services supplied to the Other Party by Renewd and purchased by Renewd from those third parties, including but not limited to allowances, rebates and marketing contributions.
ARTICLE 9. COMPLAINTS
9.1 The Other Party is obliged to carefully check or to have someone check, immediately upon delivery whether the products and/or services are in conformity with the contract.
9.2 The Other Party will notify Renewd in writing of any complaint with regard to the products and/or services, also stating (i) the products and/or services concerned, (ii) the date of purchase and (iii) the nature of the shortcoming (Field Incident Report (“FIR”)).
9.3 In the event of visible shortcomings and/or missing quantities of the products and/or services, the Other Party must submit a written FIR to Renewd within five (5) working days of delivery of the products and/or services and record these shortcomings and/or missing quantities on the relevant packing slip immediately upon delivery.
9.4 As regards any other complaints with regard to the products and/or services, the Other Party must submit a written FIR to Renewd within five (5) working days of the date on which the Other Party became or reasonably could have become aware of the shortcomings.
9.5 The Other Party must notify Renewd in writing of any complaints with regard to the invoiced amount within five (5) working days of receipt of the invoice, also giving a description of the complaints.
9.6 The Other Party’s failure to complain in accordance with the provisions of Articles 9.3, 9.4 and
9.5 above will result in the loss of any claims whatsoever in this regard.
9.7 Complaints of any nature whatsoever will not suspend the Other Party’s payment obligations and Renewd will only be obliged to take note of any complaints filed if the Other Party, at the time of filing its complaint, has complied with all of its due and payable obligations to Renewd existing at such time and ensuing from whatever commitment existing between the Other Party and Renewd.
9.8 In any event, all of the Other Party’s claims will lapse unless legal proceedings are instituted before a competent court within one (1) year of the date of delivery of the products and/or services or the date on which delivery was supposed to take place.
ARTICLE 10. PERFORMANCE OF WORK
10.1 The working hours of Renewd’s staff will be adjusted to the working hours applied by the Other Party as much as possible, in so far as these hours are between 8:30 a.m. and 5:30 p.m., not including Saturdays, Sundays and official holidays. On Fridays, the working day ends at 5:00 p.m.
10.2 For orders for the performance of work and/or the rendering of services at a fixed price, the place and time of performance of the work will always be determined by Renewd.
10.3 For orders based on an hourly rate, the place mentioned in paragraph 2 will always be determined by the Other Party, absent which it will be determined by Renewd.
ARTICLE 11. RETENTION OF TITLE
11.1 All goods delivered will remain Renewd’s property until the Other Party has fully complied with all of its obligations to Renewd with regard to these delivered goods. Accordingly, before payment is received by Renewd, the Other Party will not be authorised to pledge or loan these goods to third parties or to transfer the ownership of these goods to third parties, except in the ordinary conduct of business. In the event that the lender or credit insurer so requests from Renewd, Renewd may oblige the Other Party to provide for a comprehensive, extended retention of title and/or additional security with regard to these delivered goods, in accordance with the model imposed by Renewd’s lender or credit insurer.
11.2 Until full payment to Renewd has taken place, the Other Party will be obliged to insure the goods delivered against all potential risks and to keep them thus insured and to keep the goods delivered with due care and duly identifiable. Further, the Other Party will be obliged, at Renewd’s first request and to its benefit, to pledge all of its claims against its insurers ensuing from this to Renewd as additional security for fulfilment of all obligations from these or related transactions.
11.3 The Other Party undertakes to make available the goods not yet paid at Renewd’s first request and hereby grants authorisation to the person to be designated by Renewd to enter the room and take away those goods at such time.
11.4 Without prejudice to the foregoing, Renewd reserves all rights of recovery accruing to it by law.
ARTICLE 12. INTELLECTUAL PROPERTY
12.1 All current and future rights (including intellectual property rights) with regard to the products delivered by Renewd to the Other Party will be the exclusive property of Renewd or the manufacturer, producer or supplier concerned or an entitled third party. The contract between Renewd and the Other Party and the General Terms and Conditions of Sale do not entail a transfer of any right (including any intellectual property right) or licence for use, unless agreed otherwise in writing.
12.2 The Other Party undertakes not to infringe or prejudice these (intellectual property or other) rights in any way, either directly or indirectly, by use or in any other way.
12.3 The Other Party will not remove or change any of the distinguishing marks with regard to the entitled party’s intellectual property rights.
12.4 If third-party intellectual property rights are vested in the products – and the inventions, drawings, models and works of copyright contained therein – and software delivered by Renewd, these products and this software will be delivered on the basis of the third parties’ licence and warranty.
12.5 To the best of Renewd’s knowledge, using the products delivered will not constitute an infringement or violation of any third-party rights.
12.6 The Other Party hereby confirms that it bears sole responsibility for complying with the (licence and other) terms and conditions for the software delivered and for instructing its end customers/end users accordingly. The Other Party is required to expressly inform its end customers/end users of the limited right of sublicence as well as the obligation to thoroughly read the user manual before using the products, in order to maintain the rights in respect of the warranties and/or liability provisions applicable.
12.7 The Other Party is required to refrain from all acts constituting an infringement of an intellectual property right or licence. Imitation, reprinting or reproduction in any sense whatsoever is prohibited. The Other Party fully indemnifies Renewd against all claims, liabilities, losses, damages, costs, penalties and expenditures that may be the result of a breach of this Article by the Other Party, its end customers/end users or third parties.
ARTICLE 13. CANCELLATION
13.1 While Renewd will always give favourable consideration to a request from the Other Party to agree to cancellation, Renewd will not in any way be obliged to agree to such a request. Only written requests for cancellation will be taken into consideration by Renewd If Renewd has already purchased or reserved items to perform the contract concerned, Renewd will not agree to cancellation.
13.2 If Renewd agrees to cancellation, the Other Party – depending on the time of receipt of the written cancellation – must pay Renewd at least 10% of the total contract sum agreed, in so far as applicable increased by the amount owed on the basis of paragraph 3.
13.3 Except for the goods referred to in Articles 7 and 9 (warranty, complaints), delivered and accepted goods will not be taken back by Renewd, unless agreed otherwise in writing. If and in so far as the parties agree that the goods will be taken back, Renewd will be entitled to effect crediting against the market prices on the day of taking back the goods, and paragraph 2 will be applicable at such time.
ARTICLE 14. COOPERATION OF THE OTHER PARTY
14.1 The Other Party will always provide Renewd with all cooperation, data and information deemed useful or necessary by Renewd in order to carry out the work or deliveries ordered. The Other Party guarantees the completeness, accuracy and timeliness of all information and/or cooperation to be provided. Absent timely provision of the information and/or cooperation requested, any delivery period agreed and to be observed by Renewd will at least move in proportion to the delay. The foregoing does not diminish the fact that the Other Party will still have to pay Renewd in accordance with the time schedule originally agreed.
14.2 The Other Party is responsible for its own choice of product and the product’s suitability for the purposes envisaged by the Other Party.
14.3 If it has been agreed that the Other Party will provide equipment, materials, information carriers and/or data on information carriers to Renewd, these will meet the specifications to be notified to the Other Party by Renewd.
14.4 The Other Party will ensure that the room where Renewd is to carry out its work for the Other Party, where the inspection or testing work is to take place and/or where the delivered items to which warranty obligations pertain are located is brought in line with the requirements reasonably to be set by Renewd in terms of temperature, humidity level, freedom from draughts, power and water supply and other environmental conditions, and that these requirements are continually maintained.
14.5 All delays, risks, consequences and costs to be incurred by Renewd as a result of the Other Party’s non-performance and/or non-timely and/or improper performance of the obligations mentioned in this Article will be for the Other Party’s account.
14.6 Renewd may continue to consider the address notified to it as the proper address until a new address of the Other Party has been notified to it and has been confirmed by Renewd Any and all damage ensuing from this will be for the Other Party’s account.
ARTICLE 15. NON-SOLICITATION
15.1 For the duration of the contract and for a period of one year after its termination for whatever reason, the Other Party will refrain from contacting and/or influencing any persons involved in Renewd as well as from prompting or trying to prompt any persons involved with Renewd to terminate their relationship with Renewd, except with express prior written consent from Renewd If the Other Party acts in breach of one or more obligations ensuing from the previous paragraph, the Other Party will forfeit to Renewd – without any prior notice of default or demand being required to that end and regardless of whether the breach can be attributed to the Other Party – an immediately exigible penalty of one hundred thousand euros (100,000 EUR) per breach, as well as a penalty of one thousand euros (1,000 EUR) per day or part of a day that the breach continues. This is without prejudice to Renewd’s right to demand performance or full damages from the Other Party.
ARTICLE 16. CHANGES
16.1 While Renewd will always give favourable consideration to a request to agree to making changes and additions to the work and/or deliveries agreed, Renewd will not in any way be obliged to such agreement. Changes must be requested by the Other Party from Renewd in writing and will only be binding if and in so far as those changes have been accepted by Renewd in writing.
16.2 If a change and/or addition to the work and/or deliveries agreed results in additional deliveries by Renewd, Renewd will always charge these to the Other Party according to the rates then applicable. Any contract variations will automatically affect the agreed price and the agreed time of delivery, for the Other Party’s account and risk.
ARTICLE 17. FORCE MAJEURE
17.1 In this context, force majeure means: all unforeseen circumstances or circumstances beyond Renewd’s control as a result of which the Other Party can no longer reasonably expect Renewd to perform the contract. Force majeure in any event includes: a cancellation, change or delay – for whatever reason – in the production or supply process of a manufacturer, producer or supplier of Renewd, business interruptions at Renewd and/or its manufacturers, producers or suppliers and/or the absence of deliveries by manufacturers, producers or suppliers, stock exhaustion as well as non-performance by its manufacturers, producers or suppliers, impossibility to deliver as a result of a government order or statutory provision, import and export bans or restrictions, impossibility to deliver as a result of a fault or intent by third parties engaged by Renewd, war, danger of war, irrespective of whether the Netherlands is directly involved or not, fire or other destructions within Renewd’s business, and internet, telecommunications or power grid disruptions. This applies in any event if Renewd cannot purchase the good/product sold by it to the Other Party from its vendor as a result of unforeseen circumstances and/or circumstances beyond its control. The Other Party is aware that in any event, Renewd has no power over its manufacturers, producers or suppliers and any acts or omissions by manufacturers, producers or suppliers cannot be attributed to Renewd.
17.2 In the event of force majeure as referred to in the previous paragraph – even if such circumstances were foreseeable at the time that the contract was concluded or the order was obtained – making it temporarily impossible for Renewd to perform the contract for no more than one (1) month, Renewd will be entitled, without court intervention, at its own discretion, either to prolong the delivery period by the duration of the impediment, or to cancel the contract, without being required for that reason to compensate the Other Party for any damage. The Other Party will not be entitled to seek termination of the contract and/or to withdraw the order issued to Renewd.
ARTICLE 18. DELIVERY
18.1 The periods of performance, including delivery periods, are only approximations given by Renewd and are therefore not absolute deadlines.
18.2 Any transgressions of the delivery periods, service levels or KPIs stated by Renewd, howsoever caused, will not entitle the Other Party to any penalties, damages, dissolution or any other form of termination of the contract or suspension of any of the Other Party’s obligations from the relevant contract or a related contract.
18.3 Delivery within the EU will take place on the basis of ICC Incoterm Delivered Duty Paid (DDP ICC Incoterms 2010), which does not include the unloading of the goods from any means of transport. The time of delivery is deemed to be the time at which Renewd makes the goods, loaded, available to the Other Party, by which all risks of loss or damage to the goods pass to the Other Party. In the event of deliveries outside the EU, the parties will always make further ad-hoc arrangements on a case-by-case basis regarding the Incoterm/terms and conditions of delivery applicable. War risk will always be borne by the Other Party.
18.4 If Renewd believes that the packaging of a good received by Renewd (e.g. for purposes of repair) is not sound, it will be entitled to provide the good with new, sound packaging at the Other Party’s costs. Renewd will only be required to take out insurance if and in so far as Renewd has made an express written commitment to do so.
18.5 If, at the Other Party’s written request, delivery is agreed by transfer of the goods to a third party designated by the Other Party (drop shipping), delivery will take place by handover to that third party. The signature for receipt given by said third party will constitute proof of the same between Renewd and the Other Party.
ARTICLE 19. CONFIDENTIALITY
19.1 The parties are mutually obliged to observe strict confidentiality towards third parties regarding the confidential information (including business information) exchanged between them (either in writing or otherwise). The Other Party is obliged to take measures in order to ensure that this confidentiality is observed by its agents, representatives and/or employees.
19.2 The Other Party is not permitted to copy, reproduce or modify any software and accompanying documentation copyrighted by Renewd either during the term of the contract or after its termination without express prior written permission from Renewd Nor is the Other Party permitted to allow third parties to do so.
19.3 If the provisions of this Article are not fulfilled, the Other Party will automatically incur a penalty of five thousand euros (€5,000) for each breach, with an additional €5,000 for each day the breach continues. Each violation of paragraph 1 and paragraph 2 of this Article will be considered a separate breach. This penalty is without prejudice to Renewd’s right to seek performance or claim full compensation from the Other Party.
ARTICLE 20. PERSONAL DATA PROCESSING
20.1 In so far as the sales process and/or the rendering of services involves the processing of personal data, Renewd will process these personal data in accordance with applicable valid privacy legislation.
20.2 If Renewd acts as a controller in that respect, it will process for the purposes for which Renewd processes data of the Other Party (or its employees) in accordance with its privacy statement at www.renewd.com
20.3 If the Other Party engages Renewd as a processor, the Other Party will provide personal data only after a data processing agreement has been concluded between the parties.
20.4 The Other Party guarantees that all personal data provided by it, either through its employees or otherwise, can and may be processed by Renewd for the purposes foreseeable and intended upon provision as described in Renewd’s privacy statement and, as the case may be, the data processing agreement concluded in the context of services to be rendered.
20.5 The Other Party is obliged to disclose accurate data, including name and address details, contact person details and bank account numbers, to Renewd Changes to data must be disclosed to Renewd in writing in a timely fashion after the change became known to the Other Party.
20.6 In the event of a breach of the provisions of paragraphs 4 and 5, the Other Party will fully indemnify Renewd against any third-party claims, penalties, damage, liability or any other adverse consequence.
20.7 Renewd’s total liability in respect of the Other Party for attributable non-performance of its obligations under and concerning the protection of personal data, expressly including unlawful acts that are in breach of the law, any penalties imposed on the Other Party as a result of such acts and regardless of whether it acts as a controller or processor in that regard, will be limited to reimbursement of direct damage for no more than ten thousand euros (10,000 EUR). The limitations of liability mentioned in the previous paragraphs of this Article will lapse if and in so far as the damage is the result of intent or gross negligence of Renewd’s board.
ARTICLE 21. LAWS AND REGULATIONS
21.1 The Other Party represents and guarantees that it will act in full compliance with all laws and regulations applicable. The Other Party will not do or omit anything that will cause Renewd, at Renewd’s discretion, to breach the laws and regulations applicable and it will fully indemnify Renewd against any claims, damage, liability, penalties or costs that Renewd could incur as a result of any acts or omissions by the Other Party in complying with such laws and regulations.
21.2 The Other Party acknowledges and accepts that the goods, software and technology delivered under an order or contract between Renewd and the Other Party are or may be subject to laws and rules on export restrictions imposed by an EU Member State, the EU and/or the United States of America (including but not limited to the Export Administration Regulations (“EAR”) and the sanction regimes of the U.S. Department of Treasury and of the Office of Foreign Asset Controls). The Other Party will fully comply with these laws and rules at all times and also impose this obligation on third parties in the event of a resale or any form of providing access for third parties. The Other Party fully indemnifies Renewd against any disadvantage it may suffer if the Other Party does not meet these obligations.
21.3 Subject to express prior permission from the competent authorities, the Other Party will not export, re-export, transfer or make available for use, either directly or indirectly, any goods, software or technology delivered under an order or contract between Renewd and the Other Party to any person, entity or destination forbidden under any applicable laws and regulations and will not enter into any transactions with or make any payments to any unauthorised persons or entities in breach of any applicable laws and regulations.
21.4 The Other Party represents and guarantees that it and its employees and any third parties engaged by it in any way will not, with regard to the goods, software and technology delivered under an order or contract between Renewd and the Other Party, contact any third parties or make them any offer or enter into any transaction with them or make them any payment or pass anything of value to them in breach of any laws and regulations on bribery in the broadest sense of the word, and the Other Party will fully indemnify Renewd against any claims, damage, liability, penalties or costs that Renewd could incur in that regard as a result of any acts or omissions by the Other Party in breach of such laws and regulations.
ARTICLE 22. APPLICABLE LAW
22.1 All offers made by Renewd, all contracts concluded with Renewd and other commitments entered into with Renewd, as well as their performance, are exclusively governed by Dutch law, to the exclusion of the Vienna Sales Convention. All transactions that are subject to these General Terms and Conditions of Sale, also in the event of transactions with Other Parties established abroad, and the legal relationships ensuing from them for the parties will be exclusively governed by Dutch law.
22.2 The parties agree in any event that the place where Renewd has its registered office will be the place of performance of all commitments ensuing from these General Terms and Conditions of Sale.
ARTICLE 23. MISCELLANEOUS
23.1 The headings of the individual Articles of these General Terms and Conditions of Sale are for convenience only and do not affect the interpretation of those Articles.
23.2 The invalidity or unenforceability of a provision or any part thereof of the present General Terms and Conditions of Sale will not affect the validity and enforceability of the other provisions of the present General Terms and Conditions of Sale. In such a case, the invalid or unenforceable provision will be replaced by a legally valid and enforceable provision approximating the purpose and purport of the original provision as much as possible.
23.3 Renewd has the right to unilaterally amend these General Terms and Conditions of Sale. Any amended terms and conditions will be notified to the Other Party in writing at least fourteen (14) calendar days before they take effect. If the Other Party does not accept the new General Terms and Conditions of Sale, the parties will meet to negotiate the new General Terms and Conditions of Sale as soon as possible, yet no later than within fourteen (14) calendar days of the notification of the new General Terms and Conditions of Sale. Absent any agreement between the parties, after this period of fourteen (14) calendar days, the new General Terms and Conditions of Sale communicated by Renewd will apply from the date of their taking effect as originally envisaged.
23.4 Any provision of these General Terms and Conditions of Sale that, by its nature, is intended to survive the end of the contract, including but not limited to the obligations concerning intellectual property rights and confidentiality, will continue to apply.
Consumer Terms and Conditions
Note: These terms and conditions apply to all consumer customers who have purchased the products directly from the Renewd Shop or through an official partner channel. The terms and conditions applicable for commercial customers, such as operators, distributors, retailers and marketplaces, are listed under the ‘Resellers Section’ above.
1. DEFINITIONS
“Renewd” refers to Global Tradein B.V. (business ID 92481930, address Burgemeester Verderlaan 11e, Utrecht)
“You” refers to the customer placing the order on the Renewd website.
“Terms” refers to these terms and conditions.
“Day” refers to a business day. Weekends and public holidays are not considered business days.
“FMI” refers to the Find My iPhone feature in Apple iPhones.
“IMEI” refers to the International Mobile Equipment Identity.
2. CUSTOMER
By placing an order on the Renewd website, You agree to these Terms. You must provide accurate and complete contact details when placing an order, including name, billing and delivery address, telephone number, and email address. You are solely responsible for the accuracy of the information provided to Renewd and are liable for any costs incurred due to incorrect contact information.
By placing an order on Renewd’s website, You confirm that you are of the required legal age to be bound by these Terms and to place an order on Renewd’s website.
Customer data is stored in Renewd’s customer register and used for maintaining and managing customer relationships. More details about personal data processing can be found in Renewd’s Privacy Policy, available on the Renewd website.
For products bought directly from one of our official partner channels, You agree to be bound by the Terms set by them. These Terms are not connected to or defined by Renewd.
3. GENERAL
Every Renewd device is covered by a warranty, which also includes the use of our Free Pick-Up and Return Service throughout Europe. Below, you will find the warranty period per country.
| Country | Warranty Period |
| Spain | 3-years |
| Portugal | 3-years |
| Rest of Europe | 2-years |
The warranty covers:
- Hardware
- Accessories
- Battery
The warranty does not cover:
- Software-related issues
- Non-Renewd products
- Any damage caused by the user, such as water damage, physical damage to the phone, or using the phone contrary to its instructions or through other negligent actions.
Please note that Renewd products are given a second life and may contain traces of previous use. Every Renewd product is thoroughly tested and inspected by certified professionals to meet strict requirements in line with the manufacturer’s guidelines. Therefore, signs of previous use are not eligible for a warranty claim.
Each warranty claim is reviewed by certified specialists and assessed with the same standards applied to a newly purchased device.
How does consumer law relate to this warranty?
This warranty grants you specific legal rights. However, you may also have other rights that vary depending on your state, country, or province. Except as permitted by law, Renewd does not exclude, limit, or suspend any other rights you may have, including those arising from the nonconformity of a sales contract. To fully understand your rights, it is advisable to consult the laws applicable in your country, province, or state.
Warranty limitations subject to consumer law
To the extent permitted by law, this warranty and the remedies provided are exclusive and replace all other warranties, remedies, and conditions, whether oral, written, statutory, express, or implied. Renewd disclaims all statutory and implied warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, and warranties against hidden or latent defects, as far as the law allows. Where such warranties cannot be disclaimed, Renewd limits the duration and remedies of these warranties to the period of this express warranty and, at Renewd’s discretion, to the repair or replacement services described below.
Please note that some states, countries, or provinces do not allow limitations on the duration of an implied warranty or condition. In such cases, the above limitation may not apply to you.
What is covered by this warranty?
Renewd warrants that the Renewd hardware product and accessories contained in the Renewd packaging (“Renewd product“) are free from defects in materials and workmanship when used normally in accordance with the manufacturer-published guidelines for a period of at least two (2) years (see point 3. General) from the date of the original retail purchase by the end-user purchaser (“warranty period“). Manufacturer-published guidelines include, but are not limited to, information provided in technical specifications, user manuals, and service communications.
| Category | Within 30 days | After 30 days |
| Smartphones | Below 85% | Below 75% |
About Smartphones:
When an end user purchases a Renewd device, Renewd guarantees that the battery will have a capacity of 85% or higher. If the battery capacity falls below 85% within the first 30 days from the original purchase, the device is eligible for repair or replacement. After the first 30 days, the device may be sent in for repair or replacement if the battery capacity drops below 75% or if a service message is displayed, provided the device is still covered by the warranty (see “What Is Not Covered by This Warranty?”).
What is not covered by this warranty?
This warranty does not apply to any non-Renewd products or software, even if packaged or sold with Renewd hardware. Manufacturers, suppliers, or publishers other than Renewd may provide their warranties—please contact them directly for more information. Be aware that the use of non-original parts by third-party repairs might affect the functionality of your device and violate the Terms established to claim your warranty. Software distributed by Renewd (including but not limited to system software) is not covered by this warranty. Please refer to the licensing agreement accompanying the software for details about your rights concerning its use.
Renewd does not guarantee the uninterrupted or error-free operation of the Renewd product and is not responsible for damages arising from failure to follow instructions related to the product’s use. This warranty does not cover:
Physical Damage: Any Renewd device found to have physical damage is not covered under this warranty. If physical damage is identified on your device, Renewd will provide proof of the defect and share a price quotation for repair costs. If the customer does not accept the price quotation, they will be invoiced for the examination and shipping costs.
Physical damage may include, but is not limited to:
(a) Missing parts
(b) Cosmetic damage, including but not limited to cracked screen, dead pixels, or “bleeding screen”, scratches, dents, damaged or bent back cover housing and broken plastic on ports, unless caused by a defect in materials or workmanship.
(c) Damage caused by use of third-party components or any hardware modifications repairs or replacements not performed by the manufacturer or an authorized service center.
(d) Damage resulting from accident, abuse, misuse, any liquid damage, fire, liquid contact, earthquake, or other external causes.
(e) Damage caused by operating the Renewd product outside the manufacturer’s published guidelines.
(f) Damage caused by service (including upgrades and expansions) performed by anyone not authorized by Renewd.
(g) A Renewd product modified to alter its functionality or capabilities without Renewd’s written consent.
(h) Defects caused by normal wear and tear or normal ageing of the product.
(i) Any product where the serial number has been removed or defaced.
(j) Cases where Renewd receives information from relevant authorities indicating the product has been stolen, or if you are unable to deactivate passcode-enabled or other security features designed to prevent unauthorized access to the product, and you cannot prove ownership (e.g., by providing proof of purchase).
(k) Protective coatings designed to diminish over time or batteries unless the failure is due to a defect in materials or workmanship.
(l) Battery Coverage: When an end-user purchases a device, Renewd guarantees that the battery will have a capacity of 85% or higher. A device is not eligible for battery repair or replacement within the first 30 days after the original retail purchase if the battery capacity is 85% or higher and does not display a service notification. After these 30 days, the device is not eligible for battery repair or replacement if the battery capacity is 75% or higher and does not display a service notification. Battery degradation over time is normal.
These issues are considered mishandling and will be evaluated accordingly by specialized technicians.
Your responsibilities
If your Renewd product is capable of storing software programs, data, and other information, it is your responsibility to regularly back up the information on the storage media to protect its contents and safeguard against potential operational failures.
Before receiving warranty service, Renewd or its agents may require you to provide proof of purchase, answer questions to assist in diagnosing potential issues, and follow Renewd’s procedures for obtaining warranty service. Before submitting your Renewd product for warranty service, you should:
- Create a separate backup of all data stored on the device.
- Remove any personal information you wish to protect.
- Disable all security passwords.
During the warranty service, it is possible that the contents of the storage media may be lost, replaced, or reformatted. In such cases, Renewd and its agents are not responsible for any loss of software programs, data, or other information stored on the device.
After warranty service, your Renewd product, or a replacement device, will be returned to you as it was configured when originally purchased, subject to any applicable updates. Please note that third-party applications installed on the product may not be compatible with the Renewd product following system software updates. You are responsible for reinstalling all software programs, data, and other information. The recovery and reinstallation of software programs, data, and information are not covered under this warranty.
What will Renewd do in the event the warranty claim is approved?
If, during the warranty period, you submit a valid claim to Renewd under this warranty, Renewd, at its discretion, will:
(i) Repair the product using new or previously used parts that are equivalent to new in performance and reliability,
(ii) Replace the product with the same model (or, with your consent, a product with similar functionality) made from new and/or previously used parts that are equivalent to new in performance and reliability or
(iii) Exchange the product for a refund of the purchase price.
Renewd may request that you replace certain user-installable parts or products not covered by the warranty before registering a claim for repair that is covered by the warranty. A replacement part or product, including a user-installable part installed in accordance with Renewd’s instructions, will carry the remaining term of the original warranty or ninety (90) days from the date of replacement or repair, whichever is longer.
When a product or part is replaced or a refund is provided, the replacement item becomes your property, and the replaced or refunded item becomes Renewd’s property.
If a device is sent in for repair and the issue cannot be replicated by the Renewd Service Partner, the shipping and investigation costs will be borne by the customer, not Renewd.
How do you obtain warranty service?
Before seeking warranty service, please review the online help resources provided below. A Renewd representative or authorized reseller can assist in determining whether your product requires service and, if necessary, will guide you on how Renewd will provide it.
If you contact Renewd via telephone, additional charges may apply depending on your location. For more details on how to obtain warranty service, please refer to the online information provided below.
Warranty service options
(i) Carry-in Service:
You may return your product to a Renewd retail partner offering carry-in service. The retail partner may send your product to a Renewd location for service. Once the service is complete, you will be notified and can retrieve the product from the Renewd location or retail partner. If the retail partner does not offer carry-in service, they will refer you to the second option.
(ii) Pick-up and Return Service:
You can use the pick-up and return service provided by Renewd. Follow the steps listed at Renewd.com/warranty to schedule a pick-up of the defective product from an address within Europe. Once the service is complete, the Renewd location will return the product to you. Renewd will cover shipping costs to and from your location, provided all packaging and shipping instructions are followed. If the customer does not adhere to these instructions, the device will be returned without being opened, and no repair or replacement will take place.
Renewd reserves the right to change the method by which warranty service is provided and to determine your product’s eligibility for a particular service option. Service will be limited to the options available in the country where service is requested. Service options, parts availability, and response times may vary by country. Renewd’s after-sales partners may use replacement parts sourced from a country different from where the product or original parts were sourced.
If the product cannot be serviced in the country or location it is currently in, you may be responsible for shipping and handling charges. If you seek service in a country other than the country of purchase, you must comply with all applicable import and export laws and regulations and are responsible for all customs duties, VAT, and other associated taxes and charges.
Limitation of liability
Except as provided in this warranty and to the maximum extent permitted by law, Renewd is not liable for any direct, special, incidental, or consequential damages resulting from any violation of warranty or condition or under any other legal theory. This includes but is not limited to loss of use, loss of revenue, loss of actual or anticipated profits (including loss of profits on contracts), loss of the use of money, loss of anticipated savings, loss of business, loss of opportunity, loss of goodwill, loss of reputation, loss, damage, compromise, or corruption of data, or any indirect or consequential loss or damage, however caused. This also includes the costs of replacing equipment and property, recovering, programming, or reproducing any program or data stored in or used with the Renewd product, or any failure to maintain the confidentiality of the information stored on the product.
The above limitation does not apply to claims for death or personal injury or any statutory liability for intentional or grossly negligent acts and/or omissions. Renewd makes no representation that it will be able to repair any Renewd product under this warranty or replace the product without risk of loss of information stored on the product.
Some states, countries, or provinces do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
Warranty alterations or changes
Renewd reserves the right to alter or make changes to this warranty at any time, provided such changes do not affect the coverage or terms of the warranty for products already purchased. Any changes to the warranty will apply only to products purchased after the date of the change. No alterations or modifications to this warranty by any Renewd reseller, agent, or employee are authorized unless made in writing and signed by an authorized representative of Renewd.
No Renewd reseller, agent, or employee is authorized to make any modification, extension, or addition to this warranty. If any term of this warranty is found to be illegal or unenforceable, the legality or enforceability of the remaining terms will not be affected. This warranty is governed by and construed by the laws of the country where the product was purchased. Renewd, or its successor in title, is the warrantor under this warranty.
