Swap N Sell Terms and Conditions of Use.
Last Updated on the 2nd of September, 2021.
Below are the terms and conditions of use for swapnsell.ie/ (“Website”). The website is a live marketplace operated by SNS Marketplace Limited that allows users to buy, sell and exchange consumer goods. These Terms and Conditions of Use and any other requirements posted on our website, all of which is included in these These Terms and Conditions of Use by reference and may be amended from time to time ( collectively, “Terms”) describe the terms and conditions on which the website is provided to you, whether as a guest or a registered user.
By using our Website, or by clicking to accept these Terms, you accept and agree to abide by these Terms in full. If you for whatever reason do not agree to the following Terms, do not use our Website.
1. Changes to the Terms and Conditions.
If any changes are made to these Terms then notice will be placed on our Website. We may also send you an email. Changes may be made at Swap N Sell’s discretion and these changes take effect on the date set out in the Terms. If you continue to use the Website after the Terms have been changed then this constitutes your acceptance of the changes.
2. About Swap N Sell Marketplace.
The website is intended for the use of users who are at least 18 years of age. If you are under the age of 18 then you must obtain permission from your parent or guardian before using our Website. By using our Website then you agree that you are over the age of 18 or have obtained permission from a parent or guardian.
Swap N Sell is a live marketplace where registered users can list items for sale. Both Buyers and Sellers must create accounts to purchase, sell or exchange items on Swap N Sell’s live marketplace ( See Section 3, Accounts and Security).
Sellers may create listings for sale on our live marketplace. While creating a listing all the mandatory fields must be filled and contain accurate information. Images must also be provided by the seller to match each listing. All listings must reflect tangible authentic items. Counterfeit items are strictly prohibited and if any user is found to be selling counterfeit items then Swap N Sell at their discretion may suspend or terminate that user’s account.
Buy Now: All listings must contain a “buy now” function. If a buyer uses the “buy now” feature then the buyer will be directed to complete a transaction at the listings “buy now” price through PayPal. The contract will be concluded the moment the PayPal transaction has been completed after the buyer has clicked the “buy now” button.
Place Bid/Exchanges: When creating a listing the seller will have the option to elect to receive bids/exchanges.
When the buyer selects the “place bid” feature they will have the option to bid a cash amount which is above the listed starting price and below the item’s buy it now price. If the buyer selects the “exchange” feature they will then have the option to select a listing from their own Swap N Sell account and offer that item as part of an exchange. They can also include a cash amount as part of the exchange
The seller will then have the option to review all bids/exchanges that they have received. The option will also be made available to accept and reject each individual bid/exchange along with the option to block a particular user from placing future bids. If a bid is accepted that only includes a cash amount then the buyer will be notified and payment must be made within the provided timeframe. If an exchange is accepted both the buyer and seller will be required to ship the items to Swap N Sell to facilitate the exchange and ensure that both listings are as advertised (See Section 4, Exchange Process). The seller agrees to all fees by accepting the bid/exchange and the buyer agrees to all fees by placing the initial bid/exchange offer. In certain cases the buyer may be charged while placing the bid by a pre approved payment method but if the bid/exchange is rejected then the funds will be returned. The Seller will be charged upon accepting the bid/exchange offer. The contract would then be concluded when both the seller and buyer have charged and the transactions have been completed. If the seller or buyer is not charged then they will be required to pay any outstanding fees within the provided timeframe.
Swap N Sell acts as an agent to conclude the sale of every buyer and seller that is involved in a transaction. As the sellers set the prices, they may be higher than the retail value. Swap N Sell does not guarantee that any item listed on our live marketplace will sell. Swap N Sell also reserves the right to investigate complaints and violations of these Terms. Swap N Sell may also take actions that we deem appropriate, including suspending a buyer or sellers account. This also includes charging your payment method for outstanding fees and any other fees that may have resulted in the violation of these Terms. Swap N Sell may share your information with law enforcement and professional advisors as part of any investigation that may be related to an alleged violation of law or these Terms.
3. Accounts and Security.
To use our live marketplace then you must create an account using an email and password. To buy, sell or exchange items using our website then you are required to create an account and have an approved form of payment linked to a registered PayPal account. By creating an account you agree that your approved form of payment may be charged for amounts you owe as described in these terms. This also includes costs or losses that may occur from violating these terms. Accurate information must be provided when creating an account and you must not register under a false name, age or use an unauthorized payment method. If you create an account then you are responsible for all activities that occur under your account and password. You agree and must notify Swap N Sell immediately upon learning of any unauthorized use of your account or password. You may be held liable for any losses incurred by Swap N Sell or any other person or entity due to another person using your account or password. You cannot use another user’s account at any time without the consent of the holder of that account or password. The name on your account cannot be changed or transferred unless valid documentation is provided to validate the change of name.
4. Exchange Process
All exchanges must be facilitated by Swap N Sell. Both the buyer and seller will ship the items to Swap N Sell and Swap N Sell will visually inspect each item to ensure that the items received are as advertised and match the corresponding listing. When both items have been received and deemed to be as advertised then Swap N Sell will complete the exchange to ship each item to the corresponding parties. This process is not used to authenticate each item, however items that appear to be counterfeit will be rejected and the exchange will be voided. Swap N Sell has the right to reject any item for any reason, including but not limited to Authenticity or damage to the item. Swap N Sell requires both the buyer and seller to ship the items within a specified timeframe which is provided to each user by email after the seller accepts the buyer’s bid. Sadly Swap N Sell cannot control the amount of time that it takes for an item to reach Swap N sell and because of this we cannot guarantee a delivery timeframe for any items and therefore , neither the buyer or seller can cancel the exchange. Once both items have been received they are typically inspected within 2 business days. The items will also be shipped within this timeframe and tracking will also be provided via email to both the buyer and seller. If either the buyer or seller does not receive an item then they must report the issue to Swap N Sell within 2 days of the estimated delivery date. Swap N Sell has the right and may refuse to accept returns or other refunds. If the buyer or seller refuses to accept delivery of an item then Swap N Sell will consider the shipping address that was provided by that user to be incorrect. This may result in Swap N Sell charging the buyer or seller for any expenses that Swap N Sell incurred by the user not accepting delivery.
5. Subscriptions: Facilitation Process.
Swap N Sell offers a service to have any item that is purchased visually inspected by Swap N Sell to ensure that the items are as advertised. Subscriptions will be made available for this service on a monthly, quarterly and yearly basis and are non refundable. The buyer can also choose to pay a once off payment for each purchase to avail of this service instead of purchasing a subscription. The subscription fee for our service will be billed on a recurring basis in accordance with your subscription plan. You will be billed on your pre approved payment method on the calendar day corresponding to the commencement of your paid membership. In some cases the timing of your billing may change. If you wish to cancel your subscription then it must be done via our website or by contacting our customer service team at email@example.com.
Please note that monthly subscriptions cannot be cancelled and our quarterly/yearly subscriptions cannot be cancelled after 30 days and all of our subscriptions are non refundable.
Similar to our exchange process the seller will then be asked to ship the item to Swap N Sell within a specific timeframe. The item will then be inspected within 2 working days of receiving the item to ensure that it is as advertised and matches the original listing. This process is not used to authenticate each item, however items that appear to be counterfeit will be rejected and the transaction will be voided and a full refund will be issued. Swap N Sell has the right to reject any item for any reason, including but not limited to Authenticity or damage to the item.
6. Acting As A Seller.
When a seller lists an item for sale, a binding offer is being made to sell that specific item to a buyer who purchases the item for the listing’s buy it now price. When the buyer accepts your offer by purchasing your item through our Website. You are legally bound to provide that item to the buyer for the advertised price. Items must be shipped via a registered courier within Ireland within a specified timeframe which will be provided by email after the sale has been completed. A receipt is also required from the courier to verify that the item has been shipped and delivered. If a receipt with valid tracking information is not provide then the seller may be held accountable for any losses that are a direct result of a PayPal case. Sellers must monitor inventory levels to ensure that all listings are accurate. Transaction Fees apply for all sales made on the Swap N Sell website. A standard listing fee applies of 35c and also a standard transaction fee of 12% will be taken for every transaction. Failure to fulfil an order may result in additional charges. If a seller fails to deliver an item to the buyer or fails to provide an item that matches the advertisement to Swap N Sell then Swap N Sell in its sole discretion may charge your payment method a €15 minimum charge or up to 15% of the transaction amount for violating these terms.
7. Using PayPal
PayPal is an essential part of our platform and as one of the worlds leading payment processors we believe that it offers our buyers an additional form of security. Swap N Sell operates through a pay out system where all payments made on our platform will be first sent to Swap N Sell and then released to to the merchants PayPal account after all fees have been deducted and valid tracking has been provided. If tracking is not or cannot be provided then the payment to the merchant will automatically be released after 30 days. If the buyer opens a case via PayPal that case will be against Swap N Sell as the payment has been sent from the buyers PayPal account to the Swap N Sell PayPal account. If any case results in an item being returned to Swap N Sell and/or a refund being issued to the buyer then the merchant who sold the item will be contacted and asked to cover the expenses of that refund. If any merchant fails to comply with this then it may result in the termination of their Swap N Sell account.
8. Acting As A Buyer.
When placing a bid on an item you may need to pay the facilitation fee in advance however if the bid is rejected then the funds will be returned to you. If your bid is accepted then you are required to start the exchange process, make payment or both in the allocated time frame. If any transactions fail or are rejected for any reason. Swap N Sell reserves the right in its sole discretion to charge the buyer’s primary payment method a minimum of €15 or up to 15% of the transaction amount. This also applies if the buyer fails to begin the exchange process.
Swap N Sell in its sole discretion may remove any active listing from our live marketplace. We ask that all the information provided is accurate. We also may modify your listings if required.
10. Ending Our Relationship.
If at any time you decide you can no longer agree to these terms and conditions or any changes made to the terms and conditions or the service then you must stop using the service effectively immediately.
Swap N Sell in its sole discretion may end your use of service and deactivate your account without notice at any time. Any breach of our terms and conditions or our rules will result in the termination of your account.
We will not offer compensation for any of your losses and this includes subscriptions.
11. Your Responsibility To Us.
In any scenario where Swap N Sell is sued due to an action or inaction by you then we have the right at our sole discretion to request that you indemnify us.