TERMS AND CONDITIONS OF THE TRADE-IN PROGRAM
(effective from September 1, 2025)
This document sets out the detailed terms and conditions of the TRADE-IN programme covering the repurchase of used electronic devices of selected brands via the swapiphone.com platform (both this document and the terms and conditions of the programme will hereinafter be referred to as the ‘Programme’ or the ‘TRADE-IN Programme’).
Capitalised terms used in this Programme shall have the meanings given to them in the governing document, i.e. the Terms and Conditions of Use of the swapiphone.com platform for Buyers (hereinafter referred to as the ‘Terms and Conditions’).
I. INTRODUCTORY PROVISIONS
1.The TRADE-IN Programme is an additional option of the swapiphone.com Platform, i.e. a programme that allows certain customers of the Platform (Buyers within the meaning of the Terms and Conditions) to sell their used electronic devices to specific entities – repurchasing companies (Sellers within the meaning of the Terms and Conditions) via the Platform and using the tools available on the Platform.
2. Only adult natural persons with full legal capacity and residing in the EU (hereinafter referred to as the ‘Customer’) may participate in the Programme (i.e. sell their used electronic devices). Entrepreneurs may not participate in the Programme.
3. The repurchasing companies (hereinafter referred to as ‘Partners’) perform all activities related to the repurchase of the device from the Customer, in particular the physical assessment of the technical condition of the device, its final valuation and the conclusion of a sales (repurchase) agreement for the device.
4. The Platform Administrator provides tools for the Customer to make an initial valuation of the device and to conclude a sales (repurchase) agreement for the device between the Customer and the Partner.
5. The Customer is entitled to participate in the Programme multiple times during its term. Each participation in the TRADE-IN Programme is conditional upon the Customer meeting the conditions set out in this Programme.
6. This document is available continuously and free of charge via the website https://swapiphone.com, in a manner enabling users to obtain, reproduce and record its content, including by printing or saving it on a medium at any time.
7. At the request of each User, this document will be made available in a manner that allows its content to be obtained, reproduced and recorded using the ICT system used by the User (i.e. by email).
II. RULES OF THE TRADE-IN PROGRAMME AND PARTICIPATION THEREIN
1.The subject of the TRADE-IN Programme is the repurchase from the Customer of their used device of selected brands, including a Smartphone, Smartwatch or Tablet (hereinafter referred to as the ‘Device’), which will be qualified for participation in the Programme by the Partner. The Device will be repurchased at a price agreed between the parties to the transaction (the repurchase price depends on the technical condition and model of the Device being sold).
2. Any Customer who expresses their willingness to participate in the Programme on the terms and conditions set out in this Programme and after logging into their Account (only logged-in Customers) may participate in the TRADE-IN Programme.
3. Conditions for participation in the TRADE-IN Programme:
3.1 In order to take advantage of the Programme, the Customer submits an offer to sell their Device by completing the application form (in accordance with Chapter IV below).
3.2 By joining the Programme, the Customer warrants that they are the owner of the Device and that the Device meets the criteria set out in Chapter III below.
3.3 After completing the application form and accepting the initial valuation of the Device (received when completing the application form), the Customer is obliged to return the Device to the Partner within 4 calendar days. The Customer shall not bear the costs of shipping, as well as any customs duties or fees related to the shipment of the Device to the Partner. The Customer is responsible for properly securing the shipment against damage or loss.
3.4 The Device shall be verified in terms of its technical condition and eligibility for repurchase by the Partner, to which verification process the Customer agrees by handing over the Device to the Partner for this purpose (shipping the Device to the Partner).
3.5 As a result of the verification process, the Partner will assess the technical condition of the used Device and whether the Device meets the requirements for repurchase, and will also estimate its value (final valuation). The valuation will be presented to the Customer within 48 hours of receipt of the Device by the Partner – on all working days excluding weekends (Saturday and Sunday) and public holidays (statutory days off work).
3.6 After the Customer accepts the valuation of the Device, a contract for the sale (repurchase) of the Device will be concluded between the Partner and the Customer in accordance with Chapter V below – subject to point 5 below.
3.7 Payment of the price shall be made within 48 hours of the conclusion of the sale (repurchase) agreement for the Device – on all working days, excluding weekends (Saturdays and Sundays) and public holidays (statutory days off).
4. Completion of the application form by the Customer and sending the Device in accordance with this Programme constitutes an offer to sell and does not oblige the Partner to purchase (repurchase) it.
5. If the Customer does not accept the valuation of the Device, the parties may agree on a different price for the Device (acceptable to both parties) within the negotiation panel (Helpdesk messenger). Each party has 48 hours from the start of negotiations to accept the new buyback price proposal – on all working days, excluding weekends (Saturday and Sunday) and public holidays (statutory days off). If the parties do not agree on a final buyback price within the specified time, the Device shall be returned to the Customer (at the Partner's expense).
6. The repurchase price for the Device, depending on the type and condition of the Device, is determined based on the final valuation referred to in point 3.5 above or in accordance with point 5 above.
7. The Customer has the right not to conclude a contract of sale (repurchase) of the Device, in particular in the event of non-acceptance of the valuation of the Device (referred to in point 3.5 above). In such a situation, the Device shall be returned to the Customer (at the Partner's expense).
8. The Partner has the right not to conclude a contract for the sale (repurchase) of the Device if the Device is not eligible for repurchase (e.g. due to a negative assessment of its technical condition). The Customer shall not be entitled to any claims against the Partner or the Administrator in this respect.
9. All communication between the Customer and the Partner shall take place via the Helpdesk messenger.
10. Detailed information about the Partner (the entity responsible for the performance of the repurchase agreement) will be visible after completing the application form (via the Account – Customer panel) and together with the delivery label.
III. CRITERIA FOR THE DEVICE
1.The device provided by the Customer for participation in the Programme must meet the following criteria in particular:
1.1 Ownership: The Customer must be the sole owner of the Device and have the right to dispose of it without restriction. Used devices, e.g. rented or leased to the Customer, are not eligible for the Programme.
1.2 No legal defects: The Device must not be the subject of any dispute, including legal proceedings, seizure on any grounds, pledge, including registered pledge, and must not be encumbered with any third party rights or any other legal defects. Furthermore, the Customer guarantees that the Device is not counterfeit and does not originate from theft, fraud or other illegal activities.
1.3 Functionality: The Device must be fully operational and functional, i.e. it must turn on, turn off and turn on again, have a working charging port, operate without a charger connected, and have a working touch screen. All functions (e.g. Bluetooth, camera, Wi-Fi) must work. All control buttons (such as on/off, volume, navigation) must work. All connection sockets, microphones and speakers must be clean and in working order.
1.4 Visual condition: Scratches or signs of use are acceptable. The display must be clean, with no missing pixels or water damage. The visual condition affects the price offered. The customer is responsible for correctly determining the visual condition in accordance with the classification criteria specified on the Platform.
1.5 Water damage: The device must not have or have had any water damage.
1.6 No SIM lock: The device must be unlocked for all networks. The device must be able to access the operator's network.
1.7 Apple ID/Google Account removed: The customer must ensure that the Device has been removed from iCloud (for Apple) or Google Account or similar. The Device must be disconnected from all Google, Microsoft, Windows, iCloud or other accounts, and Find My iPhone or Find My Mobile must be disabled.
1.8 Factory reset: The device should also be restored to factory settings and disconnected from any accounts and unprotected by a password or other security measures.
1.9 Serial number/IMEI: The serial number or IMEI must be legible and unchanged. Only Devices that allow electronic or physical verification of the serial number or IMEI can participate in the Programme.
2. The Customer shall confirm ownership of the Device to the Partner by disabling functions such as ‘Find My Mac’, ‘Find My iPad’ or other equivalent functions (depending on the brand and model of the Device) and deleting all data and passwords, including EFI (Extensible Firmware Interface) from the Device.
3. Before sending the Device to the Partner, the Participant must delete all data and personal files and the history of visited websites or applications by restoring the factory settings, as well as remove all SIM cards and memory cards installed in the Device submitted for valuation. In particular, the Participant is obliged to delete from the Device, at their own expense, all data, including personal data such as photos, videos, documents, notes and other files of a private nature, the unauthorised use of which could constitute a violation of the Participant's personal rights, constitute the processing of personal data or cause damage to any person. Both the Partner and the Administrator shall not be liable for any material or non-material damage that may arise in connection with the Participant's failure to comply with the above obligation. In the event that any person asserts any rights against the Partner or the Administrator in connection with access to content left by the Participant on the Device, the Participant shall be obliged to release the Partner and the Administrator from such claims and to cover all costs incurred by the Partner or the Administrator in connection with the defence against such claims, including the costs of legal representation, court costs and, where applicable, the equivalent of the claims awarded.
4. The Customer may not use the Programme if the Device sold does not meet the above criteria or has a defect that prevents normal use of the Device.
5. The Partner has the right to check with the relevant authorities or public administration bodies whether the Device has been reported as lost or stolen or is not the property of the Participant. If one of these conditions is met, Participants will not be entitled to participate in the Programme.
IV. REGISTRATION FOR THE TRADE-IN PROGRAMME
1.Registration is made using the registration form available on the Platform (SELL EQUIPMENT tab).
2. The Customer is obliged to provide true and current data, including personal data, during the registration process. Providing false, incorrect or incomplete personal data may result in the inability to participate in the TRADE-IN Programme.
3. A correctly completed application form contains:
3.1 Customer details, i.e. first name and surname, telephone number, email address and postal address;
3.2 Customer's bank account number held at a bank based in the EU;
3.3 detailed information about the Device (description of its technical condition), including the IMEI number or serial number;
3.4 a scanned copy of an identity document (ID card or passport) in an acceptable format (i.e. .pdf, .jpg or .png) and of a quality that allows for easy reproduction of the content.
4. The conditions for applying to the Programme are (i) consent to the content of this Programme, (ii) provision of personal data marked as mandatory (including confirmation of age) and (iii) submission of a statement on the processing of personal data and the transfer of commercial information. The above statement shall be made by ticking the appropriate checkboxes (checkbox).
5. During the registration process for the Programme, the Customer may be required to provide information enabling their identification or verification of the data provided in order to correctly identify the Customer as the party to the sales (repurchase) agreement for the Device or to assess the Customer's ability to be such a party.
V. REPURCHASE AGREEMENT BETWEEN THE CUSTOMER AND THE PARTNER
1.In order to conclude a sales (repurchase) agreement for the Device, the Device must pass verification confirming its eligibility for the TRADE-IN Programme and the repurchase price must be agreed by the parties.
2. The agreement shall be signed in electronic form (submission of a declaration of intent in electronic form and affixing a qualified electronic signature).
3. The parties shall sign using the Autenti platform, which is used to authorise documents and conclude agreements via the Internet (or another similar platform indicated by the Partner or Administrator).
4. The following types of signatures may be submitted as part of the electronic signature procedure:
4.1 qualified signature;
4.2 trusted signature
4.3 electronic seal;
4.4 electronic signature submitted on Autenti (or another similar platform).
5. Under the above agreement for the sale (repurchase) of a used Device, the Partner, as the buyer, purchases the used Device from the Customer, as the seller, for a price agreed upon by the parties as part of the valuation (referred to in Section II, point 3.5 or point 5 above) and under the terms and conditions set out in this Programme.
6. The conclusion of the agreement for the sale (repurchase) of the used Device shall take place upon the Customer's signature (i.e. in accordance with point 3 above) – subject to the provisions of this Programme.
VI. COMPLAINTS
1.Complaints related to a given Customer's participation in the TRADE-IN Programme shall be considered by the Partner who repurchases the Device.
2. Complaints may be submitted via the Helpdesk communication tool. The Customer should complete the available complaint form (from their Account).
3. The deadline for considering complaints is 14 days.
4. The Administrator provides Customers with the Helpdesk communication tool, which enables them to submit complaints online directly to the Partner (in accordance with the above guidelines). The Partner and the Administrator shall be informed of the Customer's complaint.
5. The Partner and the Administrator shall not be liable for any non-pecuniary or pecuniary damage suffered by the Participant in connection with their participation in the Programme.
6. The Partner and the Administrator shall not be liable for any damage incurred by the Customer in connection with the provision of any incorrect data or information necessary for participation in the Programme, or the submission of false statements by the Customer in connection with their participation in the Programme.
VII. PROCESSING OF PERSONAL DATA
1.The Administrator is the administrator of personal data provided by the Customer in processes related to the use of the Platform (tools made available for the implementation of the TRADE-IN Programme) and other electronic services. Information on the processing of personal data by the Administrator can be found in the Privacy Policy. The Privacy Policy is available on the Platform at: https://swapiphone.com/de-en/data-protection-and-cookies
2. The Controller of the Customers' personal data to the extent necessary for the implementation of the TRADE-IN Programme and the operation of this Programme and the conclusion of the sales (repurchase) agreement for the Device is the given Partner (who repurchases the Device).
3. Customers' personal data is processed in accordance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (OJ L 119/1, 4/05/2016) – hereinafter referred to as the ‘GDPR Regulation’; and the Personal Data Protection Act of 10 May 2018 (Journal of Laws of 2018, item 1000, as amended), as well as other applicable laws.
4. The Partner processes the personal data of Customers in connection with their participation in the TRADE-IN Programme, for the purpose of: conducting the Programme, communicating with Customers, including in particular the performance and execution of the contract for the sale (repurchase) of the Device (based on Article 6(1)(b) of the GDPR), its conclusion (to the extent necessary for sales records and contact with the Customer or handling complaints, – pursuant to Article 6(1)(b) of the GDPR), as well as for purposes related to the Partner's compliance with legal obligations, including tax and accounting obligations (the basis for processing is the necessity of the data to fulfil the legal obligation incumbent on the controller, i.e. Article 6(1)(c) of the GDPR) and, where applicable, for purposes related to the conduct of litigation, as well as proceedings before public authorities and other proceedings, including for the purpose of pursuing and defending against claims (Article 6(1)(f) of the GDPR).
5. Customers' personal data may be disclosed to entities authorised by law, including personal data of Customers may be transferred to other entities with which the Partner has concluded personal data processing agreements - if necessary for the performance of the contract or service.
6. In accordance with the GDPR, the Customer has the right to:
6.1 request access to their data;
6.2 request rectification of their data;
6.3 request restriction of the processing of personal data;
6.4 object to their processing;
6.5 request the erasure of data;
6.6 transfer their data;
6.7 lodge a complaint with the supervisory authority – the President of the Personal Data Protection Office.
7. Customers' personal data are not subject to automated decision-making, including profiling.
8. Customers' personal data will be processed for the period necessary to perform the contract of sale (repurchase) of the Device and to provide services under the TRADE-IN Programme.
9. The provision of personal data by Customers is voluntary, however, failure to provide such data will result in the inability to participate in the TRADE-IN Programme and conclude a contract for the sale (repurchase) of the Device. The provision of personal data is necessary for the conclusion and performance of this contract.
VIII. RESPONSIBILITY OF THE ADMINISTRATOR
1.The Administrator is in no way the entity repurchasing the Devices covered by the TRADE-IN Programme. These Devices are repurchased directly by the Partner.
2. The Administrator acts as a mere intermediary (providing a tool for the implementation of the TRADE-IN Programme) and cannot be held liable in the event of a dispute related to the TRADE-IN Programme. The Administrator's assistance under this Programme does not exclude or limit the Partner's liability towards the Customer.
IX. CHANGES TO THE PROGRAMME
1.The current version of this Programme is published via the Platform.
2. This Programme may be changed for important reasons, including technical or legal reasons, or changes to the rules for the sale of Products or the provision of electronic services. In particular, the following are considered important reasons:
2.1 the need to adapt the provisions of this Programme to generally applicable laws (having a direct impact on the Programme and resulting in the need to modify this Programme in order to comply with the law), as well as rulings, decisions, guidelines, interpretations, recommendations or orders of public authorities;
2.2 a change in the scope and type of electronic services provided or products offered;
2.3 expansion or changes to the existing functionality of the Platform and the withdrawal of certain functionalities;
2.4 a change in the process of concluding sales (repurchase) agreements;
2.5 a change in the method, terms, dates and costs of delivery/payment/complaints;
2.6 improvement or change in the customer service process;
2.7 change in the technical conditions for the provision of electronic services;
2.8 the need to introduce additional or change existing security measures, as well as to prevent abuse of the law;
2.9 change in business processes and business concept;
2.10 the need to introduce changes other than those mentioned above, provided that they meet all of the following conditions: i) they are beneficial to current and potential participants; ii) their introduction is necessary for the proper implementation of the Programme in a manner that is beneficial to current and potential participants of the Programme.
3. Amendments to this Programme shall be published at least 1 day (one day) in advance on the Platform's website (together with a list of amendments and the date of their entry into force).
4. Amendments to this Programme may be made without following the above procedures and deadlines if the amendments result from the need to change hyperlinks or links included in the Terms and Conditions, as well as purely editorial changes aimed at improving the clarity of the text, removing ambiguities and typographical errors that may appear in this document, or in the event of a change of company name, legal form, identification numbers, address details or contact details of the Administrator.
5. The Administrator reserves the right to amend this Programme at any time.
6. Any amendment to this Programme shall not affect the terms and conditions of sales (repurchase) agreements for the Device concluded prior to the introduction of such amendments, nor shall such amendment adversely affect the rights previously acquired by Customers.
X. FINAL PROVISIONS
1.Participation in the TRADE-IN Programme is conditional upon reading this document and accepting it without reservation.
2. Participation in the Programme is voluntary.
3. The TRADE-IN Programme cannot be combined with other promotions or competitions available on the Platform.
4. All agreements concluded under the TRADE-IN Programme via the Platform (available at swapiphone.com in the territory of the Republic of Poland) are concluded in Polish.
5. The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply to the contract of sale (repurchase) of the Device and matters regulated in this Programme.
6. This Programme is governed by and shall be interpreted in accordance with Polish law, and any disputes arising from its application shall be settled by the competent common court.
7. In matters not covered by this Programme, the provisions of the Terms and Conditions shall apply.