Last Updated: January 2021
SwapShop Terms & Conditions
- SwapShop operates a peer-to-peer online platform whereby consumers are able to give a second life to their garments and accessories by swapping or selling such items to their peers (the “Service”).
- Accordingly, SwapShop provides its users with an alternative to fast fashion by creating a circular fashion economy that allows its users to mix up their wardrobes in a sustainable, cost-effective manner. Users are given the choice of either swapping their items for others or selling such items to interested third parties. The platform operates in a similar manner to typical clothes swaps and thrift stores, albeit in a more efficient and accessible manner (hereafter the “Platform”).
- The Service is operated by Żibel, a registered Voluntary Organisation with VO number 14/65, with its registered address located at: “Flat 5, Pindon Place, Triq Selvatico, San Giljan, STJ 4014” (hereafter “We”, “Our” and, or, “Us”).
2.0 YOUR RELATIONSHIP WITH US
- This document and any documents referred to therein (collectively, the “Terms of Service”) set out the terms of your relationship with Us. Accordingly, it is important that you read and understand the Terms of Service prior to using the Service. If there is anything within these Terms of Service that you do not understand, then please contact Us at email@example.com or by filling in the contact form available via our “Contact us” page on the Platform.
- By setting up an account with Us and, or, using and accessing the Service, you agree to and accept these Terms of Service in their entirety. If you do not agree to these Terms of Service, please do not use the Service.
3.0 INFORMATION ABOUT YOU AND YOUR PRIVACY
4.0 SETTING UP YOUR ACCOUNT
- In order to access our Service, you are required to register with Us and set up an account with a username and password, as per the respective instructions (the “Account”). When selecting a password for your Account, we encourage you to use a strong password and thus accordingly, one that uses a combination of upper case and lower-case letters, numbers and symbols.
- You must be at least thirteen years of age and capable in your country of residence of entering into a legal binding agreement, in order to use Our Service. We do not knowingly collect or solicit any information which pertains to anyone under the age of thirteen and accordingly, persons under such age are prohibited from using the Service and from making an Account. Should We learn that We have collected information pertaining to a person under the age of thirteen, We shall delete the information as quickly as possible.
- Your login details, including your password as well as any activities performed by you through your Account and pursuant to the Service, shall be your sole and exclusive responsibility. Should you have any concerns that your Account has been misused, you are encouraged to contact Us as soon as possible, at firstname.lastname@example.org.
5.0 THE SWAPSHOP PLATFORM
- One component of the Service allows you to buy and sell items by virtue of Our online platform. For further instructions on how this can be done, please click here.
- Items can be sold through Our Service by publishing pictures of the item intended to be sold (the “Sale Item”), together with a summary of its condition and other corresponding details. You are free to include any information as necessary insofar as such information is accurate and factual and not prohibited pursuant to these Terms of Service, as detailed below.
- Interested users are able to purchase the Sale Item (the “Sales Transaction”) by means of Credit Card or Debit card which will be processed using the “Stripe Connect” payment gateway.
- If you are under eighteen years of age and do not have your own payment account, and plan to use a parent’s or third party’s payment account, you undertake that you have express permission to use such parent’s or third party’s payment account in relation to each and every Sales Transaction undertaken on Our Service.
- In order to safeguard Our users and the integrity of the Service, you are prohibited from carrying out with Sales Transactions by means of direct arrangements with interested buyers or sellers, as applicable. Accordingly, Sales Transactions are to be executed in the manner set out herein and by means of the payment methods offered for the Service. Furthermore, a breach of this express prohibition can result in, amongst other things, a suspension or termination of your access to the Service and the deletion of your Account.
- The Service also consists of a swapping component whereby owners of unwanted garments and accessories are able to swap their items (the “Swap Item”) for other items belonging to other users of the Service (the “Swap Transaction”, together with the Sales Transaction the “Transactions”). For further information on how to participate in Swap Transactions please click here.
- Notwithstanding that any and all Transactions are carried out with third parties and not exclusively with Us, We ask you to honour the commitments you make to other users in respect of any Transaction.
- Any agreement pertaining to the sale and, or, purchase of a Sale Item or the swap of a Swap Item, shall be made solely between you and the other user of the Service. Accordingly, the setting of prices is at the exclusive and sole discretion of the users of the Service and any complaints, questions and claims related to a Sale Item or Swap Item and, or, Transaction should be directed to your counterparty. However, where users cannot resolve issues relating to a Transaction between themselves, We shall attempt to help mediate such disputes, as necessary.
- As We do not act as sellers of any Sale Items and neither do, We participate in any Swap Transactions. We have no control and responsibility with regards to the existence, quality, safety, legality and, or, genuineness of Sale Items and, or, Swap Items including the accuracy and factualness of any pictures and information (pertaining to Sale Items or Swap Items) uploaded on Our platform. This extends to all aspects of the Transactions including the ownership of the Sale Items or Swap Items, whether or not the purchaser or owner has the right or ability to sell the Sale Item or part with the Swap Item, the ability of buyers to pay the price of the Sale Item as well as the completion of the Transaction. We shall have no liability in this respect. This extends to all aspects of the Transaction, including the delivery and, or, final exchange of the Sale Items and Swap Items.
6.0 YOUR RIGHT TO USE THE SERVICE
- All intellectual property rights pertaining and comprising the Service, including but not limited to all visual and written content and designs featured on Our website, either belong to Us or We have obtained the necessary permission to use them in Our provision of the Service. All such intellectual property is protected by national and international property law, including copyright law. We give you permission to use such materials and content for the sole purpose of using the Service, in accordance with these Terms of Service. You are not allowed to use any of the content and material forming part of the Service and other distinctive features of our SwapShop brand.
- These Terms of Service do not grant you any intellectual property rights or any similar rights in respect of Our Service, including Our materials, content, name and, or, trademarks, unless otherwise provided in these Terms of Service.
7.0 OUR COMMISSION
- The seller of any Sale Item shall pay Us a commission on the total amount of the Sales Transaction (the “Commission”), which shall equal to five percent (five %).
- The Commission shall be calculated on the gross amount due to the respective User and thus exclusive of any other costs, charges, VAT or tax due as per applicable law.
- We reserve the right to lower or increase the amount of the Commission, albeit any changes shall be appropriately notified to all Users in a timely manner.
- The Commission shall be [deducted automatically on the finalisation of the Sales Transaction].
8.0 User Content
- By using the Service, you confirm that all images, information, content and text that you submit or create whilst using the Service (“User Content”), shall meet the requirements of the Rules as detailed hereunder.
- We do not moderate nor review any User Content before it is added by Users on the Platform. Nevertheless, We may review, check, reject, delete any User Content added on the Platform, if We think that such User Content breaks any of the Rules or We believe is against the ethos of Our brand.
- Any deleted User Content may continue to be stored by Us, in order to comply with any necessary legal obligations. We therefore encourage Users to keep a back-up of any information uploaded on the Platform, as necessary.
- To the extent permitted by applicable law, We shall have no liability for any loss of User Content.
- Accordingly, by using Our Service, you grant Us an international, non-exclusive, royalty-free, perpetual and irrevocable license to use your User Content, as necessary, for the provision of the Services by Us and any ancillary matters. Moreover, the term “use” shall include, inter alia, to copy, reproduce, adapt, modify, distribute, re-format, assign, publish, exploit, transfer and adapt the User Content.
9.0 THE RULES
- Further to the above Clause 8.1., Users must abide with the following rules, which form an integral part of these Terms of Service (the “Rules”);
- All Users are responsible and thus liable for any taxes and charges, including any associated fines, penalties and interest due on late payment, which they occur pursuant to their use of the Service and in accordance with applicable law. Accordingly, you shall indemnify Us for any costs which We may incur as a result of your failure to abide with this said Clause 9.1.1.
- All Users are responsible for any information they provide in relation to their Account and all Account information must be factual and pertain exclusively to the respective User. Users shall not unlawfully or illegally upload any information which belongs or relates to any third parties
- Users shall not infringe any copyright or privacy laws when using the Services and, or, their Account.
- Users must not permit other third parties from using their Account.
- Users must make only one Account.
- Users must use the Account exclusively for the Services as detailed in these Terms of Service and shall not send junk or spam mail to third parties (including other Users) from their Account.
- Users shall not collect or process any data (including any personal data belonging to third parties) other than that, and in the manner, prescribed in these Terms of Service.
- Users shall not attempt to disassemble or in any way compromise the functioning of the Service.
- Users shall not manipulate or unlawfully interfere with any ratings or comments pertaining to their Account and shall not unlawfully and capriciously attempt to manipulate or unlawfully interfere with the Accounts of other Users. This includes leaving unfounded, incorrect and false comments on other Accounts. We reserve the right to remove any such comments and false information.
- Users shall not use the Service following the suspension and, or, deletion of their Account. This includes the creation of further Accounts, whether or not, with the same personal details.
- Users shall not use any third party’s payment details including any payment methods belonging to other Users, without first obtaining the express consent of the respective third party.
- Users shall not use the Service for any commercial purposes, including the advertisement thereof, unless otherwise permitted by these Terms of Service and in light of the purposes and scope of the Service and its intended use.
- Users shall not deal in any way or form with any prohibited and unlawful items including items which contain unlawful and offensive content, as well as nudity and violence and threatening, harassing, defamatory and offensive language or symbolism (“Unlawful Content”). It is at Our absolute discretion to determine what constitutes Unlawful Content.
- Users shall not engage, deal, sell or purchase any fake, illegal and, or, counterfeit items, in accordance with applicable law. This extends to any import and export restrictions.
- Users shall not in any way interfere (or attempt to interfere) with the performance of the Service and accordingly, shall not disrupt, hack or modify the Service.
- Users shall not take any action with the deliberate intention to circumvent or reduce the Commission due to Us.
- Failure to abide with the Rules (hereafter an “Event of Default”) runs the risk of the suspension and, or, permanent deletion of the respective User’s Account, without prejudice to Our other rights and remedies as per applicable law.
- Furthermore, Users shall be liable for any costs and shall indemnify Us for any costs that We may occur pursuant to an Event of Default, this without prejudice to Our rights and remedies as per applicable law.
- Pursuant to the above Rules, Users are able to contact Us in order to report any content on the Service, which infringes their rights or fails to comply with the Rules (the “Report”). Accordingly, a Report can be sent to Us by email to email@example.com or by filling in the contact form available via our “Contact us” page on the Platform.
- Your Report should appropriately state: (i) your personal details; (ii) a detailed summary of the situation; (iii) the identification of any Users involved; and (iv) any other information in order to substantiate the content of their Report, including any images, links, correspondence, bank statements, as necessary.
10.0 OUR RELATIONSHIP WITH YOU
- Whilst We shall do Our utmost to ensure the efficiency and availability of the Service, this may come at the expense of certain disruptions and, or, delays which occur and which are (indirectly or directly) out of Our control (“Service Disruptions”). We shall endeavour to resolve any Service Disruptions as soon as practically possible, but We shall not be liable for any costs, lost revenue and, or, any (prospective) transactions which have been impacted as a result of any Service Disruptions.
- Users shall be personally responsible for their transactions and accordingly, the success thereof. We do not endeavour to make any commitments as to the frequency and, or, success of such transactions.
- We are not liable for any viruses or spam (including any resulting costs and expenses) which you may receive pursuant to your use of the Service and which have been programmed with the intention of disrupting or impacting the performance of the Service.
11.0 OUR LIABILITY
- We shall not be responsible for any third-party content such as links, products and websites belonging to third parties (including other Users), where you choose to access such content, even where such content is accessible pursuant to your use of the Service.
- We shall have no liability with respect to any Transactions and any and all dealings which a User may have with other Users pursuant to the Service.
- Whilst We endeavour to resolve any shortcomings as well the implications of any Event of Default, We shall not be liable for any losses which a User may suffer pursuant to the actions of another User.
- You agree to indemnify and save harmless Us at all times from and against all claims, demands and causes of action of any kind and character arising from any action or inaction by you, including a breach of these Terms of Service. In such instances, We shall have the right to request you to indemnify Us for any costs, including legal fees, in this respect.
- If any action or proceeding is brought against Us by reason of any such claim, as detailed above, you shall, upon notice from Us, defend Us at your expense.
- The Seller / owner shall be responsible for the shipping of any Sales Items and Swap Items on the finalisation of the Transaction, including the cost thereof and accordingly, We shall have no responsibility and liability in this respect.
- Any such Sales Items or Swap Items shall be shipped in accordance with general custom and applicable law.
- Sales Items and Swap Items shall be shipped within Europe and other non-European countries and the method of shipment shall be the sole discretion of the Seller / owner, as subsequently agreed by the other party to the Transaction.
- All shipment costs and expenses shall be appropriately and clearly disclosed by the Seller / owner prior to the finalisation of the Transaction.
- We recommend that local deliveries are held in-person in order to increase the efficiency of the shipping process, and reduce your carbon footprint by avoiding third-party shipping providers. Should this not be possible, the vendor and buyer may agree upon a preferred shipping method.
- You should not charge more than the actual shipping cost, and it is the seller’s responsibility to choose the most suitable and affordable delivery provider. A shipping calculator is available on the “Maltapost” website.
- Orders may be cancelled by the buyer or vendor up until the point they are marked as shipped. If you have shipped an item and the buyer disputes the payment, you will need to complete the relevant dispute process via Stripe. Further details regarding this are available in the “FAQs” section our website.
- The maximum delivery time for items to be received is 14 working days. Orders must be shipped within 2-3 days of the order being made, in line with typical marketplace standards. For custom and made-to-order items, the maximum shipping period will be at the vendor’s discretion.
- We encourage the use of sustainable packaging, including, but not limited to, recycled wrapping and newspaper, cardboard or brown paper, or compostable packaging.
14.0 CLOSURE OF YOUR ACCOUNT
- You may close your Account and thus stop using the Service at your convenience.
- We are not responsible for any loss or costs you may suffer as a result of your failure to close your Account, in the manner necessitated and at the time intended.
- The closure of your Account does not absolve you of any costs and fees due to Us (including the Commission) as well as any costs and feeds due to other Users.
- On the closure of your Account, whether by you or by Us (on the happening of an Event of Default or likewise), you shall lose any rights you have to use the Service or access its content, as well as your User content. Accordingly, following the closure of your Account, We shall have not be responsible for any User content which continues to be used by other Users pursuant to the Services.
- In order to close your Account, you are required to contact us at firstname.lastname@example.org or by filling in the contact form available via our “Contact us” page on the Platform.
- Only you can close your personal Account, however We do entertain requests to close User Accounts by third parties in certain exceptional circumstances such as in the context of unlawful and illegal activity and where the third party acts as the guardian for the said User (who may or may not be a minor). In all such cases, We shall proceed with caution and in accordance with applicable law. Furthermore, We may require proof of identity and any corresponding information in order to ensure that the matter is carried out in an appropriate and suitable manner, on a case by case basis.
15.0 CHANGES TO THE SERVICE AND THESE TERMS OF SERVICE
- We reserve the right to carry out amendments, upgrades and, or, variations to the Service as well as these Terms of Service.
- You are kindly required to keep yourself informed of any changes to the Terms of Service and ignorance of such changes shall not entitle you to deviate from your obligations as listed herein. We shall endeavour to provide you with updates on those changes which We believe should be highlighted to Our Users, on account of their substance and materiality.
- We endeavour to constantly update and improve the operation of the Service in order to constantly provide you with innovative features and a more efficient system.
- Accordingly, any necessary changes may hamper your use of the Service as a result of any required reset or temporary suspension of the Service (or a particular Service feature).
- We shall endeavour to provide you with certain warnings when certain changes are deemed to take place however in certain cases, such changes shall be required to be effected immediately.
- Your continued use of the Service, following any said change as detailed above, shall show that you assent and accept these changes and any corresponding changes to these Terms of Service, as necessary.
- If you don’t agree with the changes to the Service, as well as any changes to these Terms of Service, you are kindly required to stop using the Service and close your Account.
16.0 APPLICABLE LAW AND DISPUTE RESOLUTION
- These Terms of Service and accordingly, your agreement to use Our Service, in accordance with such Terms of Service is governed and thus subject to the laws of Malta, as amended from time to time.
- If any disagreement or dispute should arise between Us (and any User of the Service) with respect to any and all aspects of the Service or in any other manner connected herewith and which is not resolved amicably between the respective parties, We / you are required (by written notice to the other party) to refer the matter to an arbitral tribunal composed of one (1) arbitrator to be chosen and selected by the mutual agreement of the parties. The seat of Arbitration shall be Malta and the arbitration proceedings shall be conducted in accordance with the rules of the Malta Arbitration Centre.
- However, notwithstanding the above, We endeavour to resolve any disputes in an informal and amicable manner and therefore We strongly encourage all Users to contact us at email@example.com or by filling in the contact form available via our “Contact us” page on the Platform prior to the initiation of any judicial proceedings.
17.0 GENERAL PROVISIONS
- We reserve the right to assign any of Our rights and obligations under these Terms of Service.
- In the event that part of these Terms of Service cannot be applied and, or, enforced to Our relationship with you, this is without prejudice to the remainder of the Terms of Service which shall remain applicable.
- No third party is entitled to benefit from these Terms of Service.
- Delay in exercising or non-exercise of Our rights under these Terms of Service is not a waiver of that or any other right.
- If any part of these Terms of Service is or becomes illegal, invalid or unenforceable in any jurisdiction, that shall not effect the legality, validity and enforceability in that jurisdiction and, or, any other jurisdiction, of the remaining parts of these Terms of Service.
- We shall not be liable for any failure and, or, delay in the performance of any of Our obligations where such failure and, or, delay is a result of a force majeure For the purposes of these Terms of Service, a force majeure event shall mean any circumstance which is beyond the reasonable control of the party claiming to be affected by a force majeure event which could not have been (including by reasonable anticipation) avoided or overcome by the said party, acting with reasonable care and which prevents, hinders and, or, delays the said party in its performance of all (or part) of its obligations.