SwopIt

©2019 by SwopIt. Proudly created with Wix.com

Welcome to SwopIt

 

About Us

Let’s be ecological, social and sustainable with this new App SwopIt! Instead of throwing away stuff you no longer need, you can make someone else happy when you just SwopIt with an item that pleases you in return. Meet your local Swopper while exchanging the object and become friends, get to know your community and people who share the same interests like you. 

SwopIt is simple! Download the app and create a profile. Upload images and details of your object you’d like to exchange with something else. Start browsing through previously uploaded items by other Swoppers and find something you like, give it a double click and press the Swop button that appears below to confirm your interest in the Swop. The person of this item will be notified and will be soon checking your offers. Therefore, make sure to provide an interesting range of items to give away. When the other Swopper finds something he or she likes from you, there will be a match! You will then have 72 hours in a chat to arrange a time and place for the handover. Tell other Swoppers how your experience with the previous person was by rating him or her.

Explore what your neighborhood has to offer today and find something you may like. There are plenty of things waiting for you to be Swopped. There are three categories Fashion (Accessories, Clothes and Shoes), Electronics (Mobiles, Laptops & Tablets, other Electronics) and Books & Art (Books, Art, Interiors).

So, stop shopping and start Swopping! 

 

General Terms and Conditions

General Terms and Conditions of SwopIt

1. applicability

These General Terms and Conditions of SwopIt govern the use of the online platform SwopIt (hereinafter referred to collectively as "marketplace") and the products and services offered via the marketplace. In particular, the General Terms and Conditions also apply to all contractual agreements with SwopIt. Persons who have concluded a contractual agreement with SwopIt are hereinafter referred to as customers.

2. entry into force, right of revocation, withdrawal by SwopIt

SwopIt has the right at any time to deactivate the user account of a customer without stating reasons or to terminate a concluded agreement without stating reasons and without compensation consequences within 14 days of conclusion.
In the event of the customer using the marketplaces and/or the products or services offered via the marketplaces contrary to contract, unlawful or immoral, or in the event that the customer has given rise to complaints due to the poor quality of the data transmitted to SwopIt, such as advertising data, for example, SwopIt may immediately withdraw from the agreement without compensation consequences and discontinue the provision of services without prior notification to the customer and without compensation consequences, or deactivate the customer's user account; in both cases, a price already paid in advance for a specific term expires, and the customer is not entitled to claim reimbursement. SwopIt reserves the right to all claims.

3. use of the marketplaces with or without registration

The marketplaces can be used with or without registration. However, the use of certain services and products requires registration.
For SwopIt, the customer is the person who uses the user identification and password, irrespective of whether this person actually has the access authorisation. The person who has registered is responsible for the proper use of the user identification and password.

4. prices and terms of payment

Unless expressly agreed otherwise, prices shall be calculated on the basis of the valid price list. SwopIt reserves the right to adjust prices to market and/or price developments at any time. Unless expressly agreed otherwise, the prices are net prices in Swiss francs including value-added tax. Depending on the product or service of SwopIt, an advance payment is required, which can be processed via the payment options offered by SwopIt, or the payment period is 10 days from the date of invoicing, subject to deviating payment periods in accordance with a separate agreement or deviating information on the invoice. If the customer does not pay within the payment period, the customer is automatically in default. SwopIt may also refuse performance of the service and terminate the agreement without notice and compensation and without reminder. In the event of late payment during the term of the contract, SwopIt also has the right to block the customer's access to his user account. Once all outstanding invoices have been paid in full, the block will be lifted again. In this case, the customer has no right to an extension of the agreed contractual period by the duration of the blocking. After expiry of the payment period, the statutory default interest shall be due. In addition, reminder costs of CHF 50.00 per reminder are to be paid. Furthermore, the customer shall pay SwopIt for any damage incurred as a result of the default in payment and/or the dissolution of the agreement.

5. prohibition of further use of information

The commercial use of information and content is reserved for customers. Apart from that, customers do not acquire any rights to content or information made available on the marketplace. Infringements will be prosecuted under civil and criminal law.
Customers expressly undertake not to use the information and content made available on the marketplaces in any way or form outside the marketplace. In particular, customers shall refrain from copying, publishing or otherwise (e.g. on the Internet) reproducing in any form or linking the data accessible on the marketplaces with other data.

6. intellectual property rights

All rights to information, elements and contents of the marketplace, in particular copyrights, brands and trademarks contained therein, are reserved.
Insofar as the contractual use of the marketplace presupposes the granting of rights of use to the customer with reference to SwopIt's copyrights, trademarks and/or know-how, these shall be granted to the customer non-exclusively, non-transferably and to the required extent by SwopIt for the duration of the corresponding agreement. The rights of use granted to the customer are personal and non-transferable. If the customer agrees with SwopIt to use a service of a partner (cf. clause 14), this section shall also apply analogously to such services.

Contents, data, texts, videos, musical pieces, graphics and other contents which the customer transmits to SwopIt for publication on a marketplace (hereinafter referred to as "insertion data") may not infringe any rights whatsoever, in particular no rights of third parties such as personal rights and intellectual property rights. The customer may only transmit insertion data to SwopIt which he has created himself or whose use the rights holder has agreed to.
No addresses (e-mail address or postal address), telephone numbers or vehicle number plates may be visible on photos used in the advertisements. Photos of persons whose faces are clearly recognisable in the photos may only be used with the consent of the relevant person.
All object documents, photos and templates created by SwopIt on behalf of the customer are the property of the customer as soon as the customer has paid the corresponding invoice in full to SwopIt.

7. management and further development of the marketplaces

The marketplace is operated and managed by SwopIt. The latter shall be entitled to call in third parties to fulfil its obligations. SwopIt endeavours to offer the operation of the SwopIt marketplaces as trouble-free as possible and to keep interruptions for the rectification of faults, maintenance work, the introduction of new technologies and the like short, but cannot completely rule them out. Further technical development shall be at the sole discretion of SwopIt.
The services of partners (cf. clause 14) are operated and managed by the corresponding partners. The technical further development is at their discretion.

8. publication of advertisements

By transmitting insertion data to SwopIt or a partner of SwopIt (see clause 14), the customer authorises SwopIt to integrate the corresponding advertisement on the marketplaces and on other online and offline channels of SwopIt (e.g. as part of trade fairs) as well as on online and offline channels of partners of SwopIt. However, there is no claim to publication of advertisements within these services.
SwopIt may interrupt, change or completely prevent the publication of the advertisements at any time, for whatever reason, without compensation. SwopIt may also use the insertion data for its own further purposes and those of partners, such as for the compilation of statistics, or publish them in

any other way and store and process them for this purpose.
The customer expressly agrees to the direct or indirect transfer of the insertion data necessary for the use of the services of partners (cf. Section 14) as well as the storage of such data in the database(s) of partners and the use of this insertion data by the partners. SwopIt cannot guarantee the confidentiality, genuineness and authenticity of the published insertion data of the customer by the partners.

9. data protection

All communication between users and their data may be stored unencrypted and can be viewed for evaluation purposes.

10. rights and duties of the customer

The customer undertakes to use the marketplaces and the services of partners included therein (cf. section 14) in accordance with the law and the contract. In particular, the Customer warrants that: The customer shall supply all insertion data transmitted to SwopIt or its partners in the form and quality specified by SwopIt in accordance with the insertion rules of the relevant marketplaces;

The customer is entitled to all insertion data provided by him directly or indirectly via third parties to SwopIt or its partners and may use them within the scope of the contractual agreements with SwopIt;
the insertion data transmitted to SwopIt or its partners are complete and true, are not misleading or unfair and are kept up to date by SwopIt at all times;

the products or services offered by the customer are described correctly and truthfully, have the characteristics described and do not infringe applicable laws or the rights of third parties (in particular intellectual property rights and personal rights);
he accepts and complies with these terms and conditions at all times.

SwopIt is authorised but not obliged at all times to change the insertion data transmitted by the customer for legal or technical reasons or not to do so at all.
The customer transfers to SwopIt the exclusive right to use the insertion data made available. The insertion data may not be used, transferred or copied by third parties, with the exception of SwopIt partners. The customer has no claim to third parties being able to refer to the insertion data provided by him for the purpose of publication on their platforms. Even if the customer grants the third party consent to such a data reference, SwopIt is not obliged to grant the data reference.

If SwopIt is prosecuted in court by a partner or third party in connection with the use of the marketplace, an agreement with the customer, with insertion data provided by customers or with products or services offered by customers, the customer shall be obliged to indemnify SwopIt upon first request and hold it completely harmless and harmless, including assumption of the court and out-of-court costs of SwopIt. At the request of SwopIt, the customer must also surrender all documents that appear useful to SwopIt in order to avert the action and is obliged to join the process.

11. risk

The customer bears all risks that may arise as a result of manipulation of his EDP system, as a result of malfunctions of his EDP system and/or as a result of misuse of access authorisations.

12. Liability and warranty

The marketplace contains information and content from SwopIt as well as from advertisers and partners of SwopIt. SwopIt makes every effort to ensure the correctness of this information and content, but expressly makes no representations or warranties whatsoever in this respect. This

applies in particular to the truth, correctness, completeness and up-to-dateness of the information and content. SwopIt also disclaims any liability for damages which may arise from the retrieval, access, use or application of this information and content. The retrieval and use of such information and content is solely at the risk of the customer.

The customer is fully responsible for the products and services he offers via the marketplaces and for the content he transmits to SwopIt (in particular also for advertising data, advertisements and print orders). SwopIt rejects any liability for the content of the customer. In particular, SwopIt does not assume any guarantees or warranties whatsoever for the products and services offered by the customer via the marketplaces or for any contracts concluded as a result thereof, such as purchase contracts between customers or with users and third parties.

SwopIt does not check the content of websites linked to the marketplaces and is not responsible for the content of such linked websites.
SwopIt shall only be liable in the event of intent or gross negligence. Under no circumstances shall SwopIt be liable for consequential damage or loss of profit. If SwopIt is unable to meet its contractual obligations despite all due care due to force majeure such as natural disasters, armed conflicts, strikes, unforeseen official restrictions and technical disruptions attributable to third parties, the customer shall not be entitled to fulfilment of the contract for the duration of the event.

The customer shall have the exclusive right to rectification by SwopIt for work that is assessed in accordance with the law governing contracts for work and services. Cancellation and reduction are excluded. To the extent permitted by law, SwopIt excludes any liability for consequential damages. SwopIt shall not be liable for the misuse of the Internet and associated damage to the customer by third parties, for security deficiencies and faults in the telecommunications networks of third parties and the Internet, or for interruptions in operations and faults in the marketplaces and offers of third parties.

13 Legal status of SwopIt

SwopIt is not a party to contracts between customers, users or other third parties concerning products and services offered by customers via the marketplaces. SwopIt is in no way responsible for the conclusion of the contract and any associated risks.
The information and content reproduced on the marketplaces shall not constitute an invitation to submit an offer or an offer or a recommendation to rent and/or purchase through SwopIt.
SwopIt is entitled but not obliged to monitor the behaviour of users and customers as well as their content on the marketplaces and to check their permissibility.

14. use of SwopIt partners' services

The customer accepts the corresponding terms of use of these services each time he uses services of partners of SwopIt integrated in marketplaces.

15. prohibition of offsetting

The customer is not entitled to offset his claims against SwopIt's claims.

16. prohibition of assignment

The customer may not transfer the contractual relationship with SwopIt to a legal successor without the written consent of SwopIt, nor may claims from the contractual relationship with SwopIt be assigned to third parties without the written consent of SwopIt.

17. Confirmation and amendment of these General Terms and Conditions of Business

The customer confirms these General Terms and Conditions each time he pays for an advertisement

and places it on one of SwopIt's market platforms. This ensures that he always has the latest version of the General Terms and Conditions at his disposal.

SwopIt reserves the right to change these General Terms and Conditions at any time. The current version will be published on the marketplaces at the appropriate place.

18 General terms and conditions

If a provision of an agreement should be invalid or unenforceable, this shall only become invalid or unenforceable to the extent of its invalidity or unenforceability and shall otherwise be replaced by a replacement provision that comes as close as possible to the invalid or unenforceable provision in economic terms. Any loopholes in the corresponding agreement shall be filled with provisions which come as close as possible to what the parties would have agreed according to its meaning and purpose if they had thought of the relevant point when concluding the corresponding agreement.

19. applicable law and place of jurisdiction

These General Terms and Conditions shall be governed exclusively by Swiss law, excluding the international conflict of laws provisions (IPRG). The exclusive place of performance and jurisdiction is Zurich. SwopIt is also entitled to take legal action against the customer at his seat/residence.