§ 1 Scope
These terms apply to the use of this website of TESTED BEFORE S.r.l.s. (“tested before”, “we”) by consumers and businesses. They also explain how purchases from us on eBay and Vinted work and what statutory rights you have (§§ 2 to 6).
The website is an information service: it explains how we test used devices, offers guides on used electronics and links to our listings on eBay and Vinted. No purchase contract is concluded on the website itself.
§ 2 Sales via eBay and Vinted
We sell tested used devices exclusively on eBay and Vinted – in our eBay shop tested-before and via our Vinted profile.
The purchase contract is concluded on the respective platform, between you and TESTED BEFORE S.r.l.s., which sells as a business (company details and address in our Legal notice). The details and terms in the respective listing (§ 3) apply, together with the platform’s terms of use and rules, in particular for the conclusion of the contract, payment and the purchase process.
§ 3 Details in the listing
We test every device before we sell it. Exactly what you are buying is stated in the respective listing on eBay or Vinted: condition with photos, price, shipping, and returns or withdrawal. The details in the listing at the time of your purchase apply. Your statutory rights (§§ 5 and 6) are not affected.
§ 4 Buyer protection
Purchases on eBay and Vinted are covered by the respective platform’s buyer protection under its terms. Whether and to what extent it applies, and how to use it, is governed solely by the platform’s rules. Buyer protection applies alongside your statutory rights (§§ 5 and 6) and does not limit them.
§ 5 Statutory warranty
If you buy from us as a consumer, you are entitled to the statutory warranty of conformity under Articles 128 et seq. of the Italian Consumer Code (Codice del Consumo, Legislative Decree 206/2005). We are liable for any lack of conformity that exists at the time of delivery and becomes apparent within two years of delivery (Art. 133). For used goods, the law allows a shorter period to be agreed, but never less than one year: if so, it is stated in the listing; otherwise the two years apply. If a defect becomes apparent within one year of delivery, it is presumed to have existed at the time of delivery, unless this is incompatible with the nature of the device or of the defect (Art. 135).
Damage that only occurs after delivery – for example from drops, impacts or liquids, or because someone else has opened or repaired the device – is not a defect, and neither is normal battery wear from use after delivery.
- Repair or replacement
- If there is a defect, you can first ask us to repair the device or to replace it with one that conforms to the contract. You can choose between the two, unless the remedy you choose is impossible or would impose disproportionate costs on us (Art. 135-bis).
- Price reduction or termination
- If repair or replacement is not possible, is not carried out within a reasonable time or is refused by us, if the defect reappears, or if it is so serious that this is justified, you can ask for a proportionate price reduction or terminate the contract and get the price refunded (Arts. 135-bis and 135-quater). Your statutory right to damages is not affected.
- Costs
- Repair or replacement is free of charge for you: we bear the necessary costs, including shipping the device to us and back to you (Art. 135-ter).
If you live in another country of the European Union, you will in any case keep the protection of the mandatory provisions of your country’s law.
How to report a defect: as soon as you discover it, write to us on WhatsApp at +39 3522 325 325 (the form on our statutory warranty and returns page prepares the message) or via the eBay or Vinted messages. Give us the order number and describe the problem. We will get back to you with the next steps and explain how to send us the device at our expense.
§ 6 Right of withdrawal
If you buy from us on eBay or Vinted as a consumer, you have a 14-day right of withdrawal: you can withdraw from the contract without giving any reason (Articles 52 et seq. of the Italian Consumer Code). The period starts on the day you receive the device. You can notify us of your withdrawal by any unequivocal statement: through the platform’s returns process, via eBay or Vinted messages, on WhatsApp or by email to our certified email address (PEC). Full details are given in the withdrawal information in the respective listing.
If you withdraw, we refund the purchase price and the delivery costs up to the cost of the cheapest standard delivery we offered (Art. 56). You only bear the direct cost of returning the device if we informed you of this in the listing (Art. 57); otherwise we bear it.
The right of withdrawal applies independently of your rights in respect of defects (§ 5).
§ 7 Content of this website
Our guides and explanations are general information. We prepare them carefully but cannot vouch for their accuracy, completeness or timeliness; they are no substitute for individual advice. For a purchase, the details in the respective listing on eBay or Vinted and your statutory rights (§§ 5 and 6) apply.
§ 8 Links to external platforms
This website contains links to websites of other providers, in particular eBay, Vinted, WhatsApp and review platforms such as Trustpilot or Google. The respective providers alone are responsible for their content, terms and data processing.
§ 9 Trademarks and no affiliation
Apple, iPhone, iPad, MacBook, Apple Watch, AirPods, Samsung, Galaxy, Google, Pixel, Sony, PlayStation, Nintendo, Switch, Microsoft, Xbox, GoPro, DJI, Insta360, Canon, eBay, Vinted and the other product and company names mentioned on this website are trademarks of their respective owners. We mention them only to describe which devices we sell and which platforms we talk about.
tested before is an independent business. We are not affiliated with, connected to, sponsored or authorised by any of the manufacturers mentioned (for example Apple, Samsung, GoPro or DJI). The same applies to eBay and Vinted: we sell there like any other seller. We are neither an authorised reseller nor an authorised service provider of these brands.
§ 10 Liability
This website is free of charge and provided for information purposes. We are not liable for damage arising from its use or from its temporary unavailability, except in cases of intent or gross negligence and where the law provides otherwise on a mandatory basis (Article 1229 of the Italian Civil Code). These terms do not limit your statutory rights when you buy from us (§§ 5 and 6).
§ 11 Data protection
You can find information on how we process your data in our Privacy policy.
§ 12 Final provisions
These terms are governed by Italian law. If you are a consumer, you keep the protection of the mandatory provisions of the country where you habitually reside (Art. 6 of Regulation (EC) No 593/2008).
For disputes with consumers, the court of the consumer’s place of residence or domicile has jurisdiction (Article 66-bis of the Italian Consumer Code and, for consumers living in another country of the European Union, Articles 17 and 18 of Regulation (EU) No 1215/2012); in all other cases, the courts of Aosta have exclusive jurisdiction. You can find information on dispute resolution in our Legal notice.
These terms are available in several languages; in the event of any discrepancy, the Italian version prevails.