BUYER PROTECTION PROGRAM
(effective from September 1, 2025)
This document sets out the detailed terms and conditions of the protection programme for Buyers using the swapiphone.com Platform (both this document and the protection programme will hereinafter be referred to as the ‘Programme’). This Programme offers assistance from the Administrator to Buyers in the event of problems in their contacts and relations with Sellers and compensation in the event of damage suffered as a result (applies only to purchases from Sellers other than the Administrator).
Definitions or terms written in capital letters used in this document have the meaning given to them in the overriding 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. GENERAL RULES
1.Security of transactions on the Platform
Only Sellers who have undergone a multi-stage, restrictive verification process operate on the Platform. The Administrator constantly monitors the quality of their services.
2. Forms of assistance provided by the Administrator
The Administrator offers the following forms of assistance: (i) support in serving Buyers (Chapter II below); and (ii) a compensation programme (Chapter III below). This assistance is provided on the terms set out in this Programme.
3. General rules of assistance
The Buyer Protection Programme applies exclusively to Product Sales Agreements concluded between the Buyer and the Seller (it does not apply to Sales Agreements concluded between the Buyer and the Administrator or other services offered by the Administrator). Only logged-in Buyers may benefit from this Programme.
II. BUYER SUPPORT
1.Who is it for?
The following rules apply to all Buyers (regardless of their status, i.e. both consumers and businesses).
2. What support does the Platform offer?
2.1 Users use the internal communication tool provided on the Platform (Helpdesk). The Seller is obliged to respond via the Helpdesk within the specified time limit from the Buyer's question or request.
2.2 Responses to all questions and requests from Buyers must be provided within 48 hours (from the time of submission) – on working days from Monday to Friday. The above deadline does not include weekends (Saturday and Sunday) and other public holidays (including public holidays in the Seller's country).
2.3 After this time, the Buyer may contact the Administrator directly for assistance, in which case an Administrator employee will intervene and help the Users reach an agreement.
2.4 In all other matters not resolved within 5 working days of the Buyer's question, complaint or objection being submitted (failure by the Seller to handle the complaint), an Administrator employee will intervene and help the Users reach an agreement.
3. How to get help?
In order to obtain the Administrator's support described in this Chapter, the Buyer should contact the Administrator via the Helpdesk contact form, selecting the appropriate request.
III. COMPENSATION PROGRAMME
1.Who is it for?
The following rules apply only to Buyers who are consumers and privileged entrepreneurs (with consumer rights).
2. What support does the Platform offer?
2.1 The Administrator enables the Buyer to apply for compensation covering the value of the damage suffered by the Buyer as a result of unauthorised actions or omissions of the Seller in a situation where:
2.1.1 The Buyer has paid for a Product that has not been delivered to them;
2.1.2 The Buyer received a Product that does not comply with the Sales Agreement;
2.1.3 The Buyer received an incomplete Order (not all Products covered by the Sales Agreement were delivered);
2.1.4 the Buyer received a damaged Product;
2.1.5 the Buyer exercised the right to return the Product or cancel the Order and did not receive a refund of the amounts due (despite effective withdrawal from the Sales Agreement or exercising the right to complain).
2.2 The compensation covers the value of the actual damage suffered by the Buyer (in relation to the market value of the purchased Product), with the proviso that the amount cannot exceed the price of the Product specified in the Sales Agreement together with the shipping costs (express/non-standard shipping costs).
2.3 The compensation does not include additional costs related to the purchase of the Product, in particular indirect damage or lost profits, as well as interest for delay and other costs due for instalment payments.
2.4 Each compensation may not exceed the amount of PLN 20,000.00 (twenty thousand zlotys).
2.5 The compensation may be paid to the Buyer's bank account or in the form of a discount coupon, at the Buyer's discretion.
2.6 The payment of funds under the Programme is connected with the transfer by the Buyer to the Administrator of all claims to which the Buyer is entitled due to the non-performance of the Order (Sales Agreement).
3. How to get help?
3.1 In order to receive compensation, the Buyer is obliged to first submit a complaint related to the transaction (Sales Agreement) directly to the Seller via the Helpdesk contact form. If the complaint submitted by the Buyer is not resolved with the Seller, the Buyer is entitled to assistance under the conditions set out below.
3.2 In order to obtain the Administrator's support described in this Chapter, the Buyer should contact the Administrator via the Helpdesk contact form, selecting the appropriate request:
3.2.1 the report may be made no earlier than 30 days and no later than 1 year after the conclusion of the Sales Agreement with the Seller;
3.2.2 the information and data provided in the form should be consistent with the actual state of affairs;
3.2.3 in order to verify the information and data provided, the Administrator may contact the Buyer and ask for additional explanations and documents.
3.3 In order to verify personal data, the Administrator may contact the Buyer and request such verification.
3.4 In cases where the information and data provided in the form raise doubts, the Administrator may also request or make the payment of compensation conditional upon the provision of additional documents, such as: (i) a photocopy of the Buyer's identity document, with data other than the Buyer's first and last name, the document's expiry date and date of birth concealed; (ii) a statement of notification of suspicion of a crime or a photocopy of the decision to initiate an investigation or inquiry and the file reference number of the proceedings provided by the Buyer.
3.5 In order to verify the information and data, the Administrator may contact the Seller while processing the request.
3.6 If, after sending the above notification, any events occur that may affect the Buyer's claim against the Seller, the Buyer is obliged to immediately inform the Administrator thereofe. Such significant events may include, in particular: receipt of compensation, reimbursement or redress from the Seller in another form, as well as the Seller taking action to redress the damage to the Buyer.
4. What is the procedure for granting compensation?
4.1 The Administrator shall decide on the refusal or granting of compensation from the Programme on the basis of a correctly submitted application, within 30 working days of the application or receipt of the complete set of documents (whichever occurs later).
4.2 If formal deficiencies are found in the documents submitted, the Administrator will ask the Buyer to supplement them, and the deadline for considering the application will be counted from the date of the relevant supplementation.
4.3 The decision will be sent by email to the email address provided by the Buyer in the application form.
4.4 The compensation will be paid within 30 working days of the decision to pay the funds. A discount coupon (if selected by the Buyer) will be sent at the same time.
4.5 The Administrator reserves the right to extend the deadline for payment of compensation for reasons beyond its control, while undertaking to keep the Buyer informed of any delays and expected deadlines.
4.6 The Administrator's decision to refuse compensation may be appealed by the Buyer by submitting a request for reconsideration in writing, under pain of nullity, to be sent to the Administrator's registered office: ul. Gen. Józefa Zajączka 32, 01-510 Warsaw (Poland). The decision issued after reconsideration of the case is final.
5. Detailed terms and conditions of the compensation programme
5.1 In the case of a privileged entrepreneur, the Administrator has the right to verify whether the Product Sales Agreement was of a professional nature for them. If these conditions are not met, the Administrator may not consider their claims submitted under this Programme.
5.2 If, in the period after the decision to grant compensation has been issued and before the compensation has been paid, the Seller repairs the damage, the Administrator shall not pay the Buyer any additional compensation, which is granted exclusively for the repair of the damage.
5.3 If the Buyer receives compensation unduly or any other benefit by way of compensation (including repair of the damage by the Seller), the Buyer shall be obliged to immediately, no later than within 7 days, return the compensation received from the Administrator to the bank account indicated by the Administrator.
IV. EXCLUSIONS FROM THE COMPENSATION PROGRAMME
The compensation programme (described in Chapter III above) does not cover cases in which:
1.The Sales Agreement between the Buyer and the Seller was concluded and performed on terms other than those specified in the Terms and Conditions;
2. The Sales Agreement between the Buyer and the Seller was concluded outside the Platform;
3. The Seller is not at fault for the non-performance of the Sales Agreement and the damage caused to the Buyer, in particular when the Product has been damaged or destroyed or lost during transport due to the fault of the carrier;
4. The Buyer acted with the intention of purchasing a defective Product or a Product that does not comply with the description (offer);
5. The Buyer has violated the Terms and Conditions;
6. The complaint submitted by the Buyer is being resolved by the Seller and the deadline for resolving the complaint has not yet expired;
7. The Buyer has received other compensation for damage related to the purchase of the Product that was the subject of the complaint;
8. The offer to sell the Product was contrary to the Terms and Conditions or the law, in particular, the purchased Product was not approved for sale;
9. The Product was collected by the Buyer directly from the Seller or was delivered to them via an entity that is not a postal operator or a courier service provider;
10. The Buyer did not provide correct contact details (including the delivery address);
11. The details of the person applying for compensation are different from those provided by the Buyer when concluding the Sales Agreement between the Buyer and the Seller.
V. FINAL PROVISIONS
1.Failure by the Administrator to meet any deadline specified in this Programme shall not be construed as a decision (whether positive or negative for the Buyer) on its part.
2. The Administrator reserves the right to suspend or terminate the Programme for important reasons, with at least 30 days' notice. The following circumstances shall be considered valid reasons for terminating or suspending the Programme: (i) change in sales processes or systems; (ii) change in the technical conditions for the provision of electronic services; (iii) the need to comply with legal requirements, in particular changes in generally applicable regulations; (iv) the need to prevent abuse.
3. Suspension or termination of the Programme shall not affect the rights acquired by Buyers.
4. In matters not covered by this Programme, the provisions of the Terms and Conditions shall apply.