TERMS OF USE OF THE SWAPIPHONE.COM PLATFORM FOR BUYERS
(effective from September 1, 2025)
I. PRELIMINARY PROVISIONS
1.This document sets out the detailed terms and conditions for the provision of electronic services, including the use of the swapiphone.com online platform (marketplace) by Users, and the rights and obligations of the Seller and the Buyer and the platform (Administrator), as well as the terms and conditions of their liability.
2. The swapiphone.com Internet platform (marketplace) offers products sold by separate sellers operating within the marketplace service (products including: used and refurbished electronic devices) as well as directly by the Administrator (new products including: accessories and additions to electronic devices). Therefore, these terms and conditions will define both the terms and conditions of marketplace transactions and transactions for the purchase of products or services included in the exclusive offer of the platform (Administrator).
3. All Sellers operating on the Marketplace service are entrepreneurs. For the safety of Buyers, all Sellers are scrupulously verified so that they meet the highest standards of the Platform and the shopping and Order processing process runs smoothly and in accordance with generally applicable laws.
4. The swapiphone.com platform operates within the European Union.
5. Some of the provisions of these terms and conditions may only apply to individuals using the Platform who: (i) make a purchase for a purpose which is not directly related to their economic or professional activity; or with their commercial or professional activity; or (ii) make purchases for a purpose directly related to their commercial or professional activity, but which is not of a professional nature to them, in particular by virtue of the subject matter of their commercial activity.
6. With regard to services provided electronically - this document is the regulations in accordance with the legal requirements in force in the European Union.
7. These terms and conditions are continuously available free of charge via the website https://swapiphone.com, in a manner that allows users to obtain, reproduce and record their content, including by printing or saving on a carrier
at any time.
8. At the request of any User, these Terms and Conditions shall be made available in such a way that their content can be obtained, reproduced and recorded by means of the information and communication system used by the User (i.e. by e-mail).
9. Each User of the swapiphone.com Internet platform is obliged to comply with the provisions of these Terms and Conditions.
II. DEFINITIONS
Whenever the following definitions or phrases are used in this document, they shall be given the following meanings.
1."Administrator" - the company Egida Eco Solutions sp. z o. o. based in Warsaw;
2. "Account" - a collection of resources maintained by the Administrator in which the Buyer's data and information about the Buyer's activities within the Platform are collected, allowing access to the to the functionality of the Platform. Access to the Account is possible after providing a login and password, through which the Buyer may manage their data and make use of the services offered by the Administrator. For the avoidance of doubt, only a natural person of full legal age (who is at least 18 years old) and has full legal capacity is entitled to open an Account within the meaning of these Rules;
3. "Buyer" - (i) a natural person who is at least 18 years of age and has full legal capacity, (ii) a legal person and (iii) an organisational unit without legal personality, but which may acquire rights and incur obligations in its own name - who use the use the Platform in order to conclude a Sales Contract for a Product or enter into a legal relationship with the Seller or the administrator within the scope of the activities of the Platform, or make use of of any of the services offered by the Platform. In accordance with the applicable legislation, Buyers may be, in particular, consumers or privileged entrepreneurs (with consumer rights) or entrepreneurs, unless the Terms of Use provide otherwise in relation to them;
4. "Product" - an item which is the subject of sales contracts concluded using the Platform;
5. "Platform" - the trading platform operated by the Administrator available on the domain https://swapiphone.com through which the marketplace services and other services of the Administrator specified in these Regulations are provided, and through which Sales Agreements for Products may be concluded;
6. "Privacy Policy" - a separate document regulating the basis and conditions for the collection and processing of Users' personal data by the Administrator, including information on the processing of personal data in cookies and other similar Internet technologies. This document is available on the Platform's website under the Privacy Policy tab;
7. "Terms and Conditions" - this document and its appendices, which also constitutes the general terms and conditions of the Sales Contract;
8. "Force Majeure" - constitutes an event that is sudden, unforeseeable and beyond the control of the parties, preventing the performance of the Sales Agreement or electronic services in whole or in part at all or for a certain period, which could not have been prevented or counteracted with due diligence (e.g. war, strikes, redundancies, shortages of raw materials or energy supplies, factory disruptions, roadblocks, extraordinary natural phenomena, epidemics, states of emergency);
9. "Seller" - an entrepreneur, verified by the Platform Administrator, in the professional business of selling Products, who offers Products for sale on the Platform in connection with his/her business activity;
10. "Sales Contract" - agreement between the Seller and the Buyer, concluded through the Platform, the subject of which is the sale of a Product. Within the scope of a specific group of Products (Products including: new accessories and additions to electronic devices) contained in the Admin's exclusive offer, a Sales Agreement shall be concluded between the Admin and the Buyer;
11. "User" - an entity that has gained access to the services provided on the Platform, under the terms of the Terms and Conditions and who may act as a Seller or a Buyer.
12. "Order" - an instruction to purchase Products via the Platform, submitted by the Buyer using the relevant form. The Order is the Buyer's declaration of intent, aiming directly at the conclusion of the Sales Agreement, specifying in particular the type and number of Products.
III. PLATFORM CONTACT DETAILS
1.The swapiphone.com Internet platform (marketplace) is operated and managed by Egida Eco Solutions sp z o. o., with registered office in Warsaw (Poland), entered in the Register of Entrepreneurs of the National Court Register kept by the District Court for the Capital City of Warsaw in Warsaw, XIV Economic Division of the National Court Register under the number 0001133818, VAT number: PL5253021377.
2. The User, including the Buyer, can contact the Platform staff by:
2.1 e-mail address: [email protected] (for general matters), or
2.2 by mail to the following address: EGIDA ECO Solutions sp. z o.o., 32 Gen. Józefa Zajączka St, 01-510 Warsaw (Poland), or
2.3 by telephone to the number given on the website https://swapiphone.com - cost of the call at the service provider's rates, or
2.4 via the Helpdesk contact form (logged-in users only).
3. The buyer can communicate by telephone with the Platform between 9.00 am and 5.00 pm.
IV. SERVICES PROVIDED THROUGH THE PLATFORM
1.The Administrator shall provide Users with the Platform and other functionalities enabling to conclude and perform Sales Agreements and to transfer other content, including between Users, according to the principles described in these Terms of Use.
2. The platform allows interaction between Buyers and Sellers for the sale and repurchase of and repurchase of used and refurbished electronic devices. In addition, with regard to a specific group of Products (Products including: new accessories and add-ons for electronic devices) included in the Administrator's exclusive offer, the Platform enables interaction between Buyers and the Administrator with regard to the sale of these Products. Thus, depending on the type of Product purchased by the Buyer and the entity offering it - specific obligations of the selling party for a given transaction under these Terms may be assigned to the Seller or the Admin (these provisions apply to the Seller or the Admin, respectively).
3. Detailed terms and conditions of sale of the Product, such as the price, the term of the Order, delivery methods and shipping costs, are set out in the card of the respective Product.
4. In the case of Products offered by Sellers, the specific terms and conditions of the transaction for that Product are agreed directly with the Seller. The Seller is also responsible for the post-transaction handling of the sales transaction and for the transmission of any information required by generally applicable laws and regulations. The Administrator is not a party to agreements concluded between Users (i.e. between a Buyer and a Seller) and is not responsible for the content and performance of a Product Sales Agreement by a Seller or a Buyer.
5. In order to ensure high standards of Buyer service on the Platform, a Buyer Protection Programme has been introduced, which offers assistance by the Administrator to Buyers in the event of problems in their contacts and relations with Sellers and compensation in the event of damages incurred as a result. The principles of this protection are defined in Appendix No. 1 to the Regulations ("BUYERS' PROTECTION PROGRAMME").
6. The Administrator, through the Platform, offers the Buyers the electronic services specified in these Regulations.
7. The Administrator may provide additional services on the basis of separate regulations - made available on the Platform.
8. The Platform may organise occasional contests, promotions or voucher programmes (concerning both Products offered by Sellers and the Administrator), the terms of which will be stated each time on the Platform. Promotions cannot be combined, unless the rules of a given promotion state otherwise.
9. A Buyer who is an entrepreneur is also able to purchase Products. The principles of purchasing the Products and the obligations of the parties to such a transaction are regulated in detail by these Terms and Conditions together with the with its appendices. The above rules do not apply to exclusions and differences resulting from purchases as part of the Business programme and specified in a separate document - available on the Platform.
10. There is no wholesale of Products on the Platform (except for the Business Programme). The Administrator and Sellers do not carry out wholesale sales or sales for resale - this means that limits may be imposed on the maximum number of units of a given Product or Product category covered by one Order (for one Buyer).
11. None of the Platform's functionality should be equated with the Administrator's knowledge of the content submitted by Users. In the event of non-compliance of content with the law or the Terms of Use, the Administrator may take appropriate action to detect and removal of such content as described in these Regulations (in particular in Chapter XX).
V. TECHNICAL REQUIREMENTS
1.In order for the Buyer to be able to access and correctly use the Platform and the services provided through it, it is necessary to have a device with access to the Internet, equipped with software for browsing and using the web, as well as with access to correctly configured electronic mail (e-mail).
2. In particular, the following minimum technical requirements must be met in order to use the Platform:
2.1 an up-to-date browser supporting HTML5 installed and configured (such as Internet Explorer version 11 or later, Firefox version 28.0 or later, Chrome version 32 or later, Opera version 12.17 or later, Safari version 1.1. or later),
2.2 having an address and access to electronic mail (e-mail);
2.3 JavaScript and cookies enabled (normally enabled by default
in your browser).
3. The use of the Platform may involve threats typical of the use of the Internet, such as spam, viruses, hacking attacks. The administrator takes appropriate measures to counteract these threats. The administrator indicates that the public nature of the Internet and use of electronic services may be associated with the risk of unauthorised access to or modification of User data, therefore Users should use appropriate technical means to minimise the aforementioned risks, including anti-virus and identity protection software for Internet users, and firewalls, as well as constantly updating the software used.
4. The Administrator is not responsible for any problems arising from the use of devices or operating systems that do not meet the requirements described above.
5. The Administrator is not responsible for disturbances, including but not limited to interruptions in the functioning of the Platform, which are the result of Force Majeure, prohibited actions of third parties or the incompatibility of the Platform with the User's devices and infrastructure.
VI. ELECTRONIC SERVICES
1.The Administrator enables through the Platform the use of free electronic services, which are provided 24 hours a day, 7 days a week.
2. Use of the Platform means any action by the Buyer which leads to him/her reading the content on the Platform.
3. The administrator offers the following types of electronic services:
3.1 A marketplace platform including used Products and an online shop including new Products (including browsing the information provided on swapiphone.com, the ability to add Products to your basket and start the Order process);
3.2 Account and the provision of an interactive Helpdesk form - for logged-in users only (after the Account has been set up);
3.3 Reviewing (commenting) on purchased Products - only for logged-in Users (after creating an Account);
3.4 News blog;
4. The conclusion of the contract for the provision of free electronic services takes place via the Platform. The Buyer may terminate the use of these services at any time by leaving the Platform or by deleting the Account. In this case, the contract for the provision of free electronic services is terminated.
5. The Helpdesk contact form is a service consisting of providing a contact form by means of which the Buyer may make contact with the Seller or the Administrator. The use of the contact form is made by filling in the necessary fields and sending this information to the Seller or the Administrator, and involves providing personal data (in particular, such as first name, surname, name of the company or entity, e-mail address or telephone number; however, the scope of data may be broader, depending on the type of issue or query).
6. The Platform website publishes information on the Products, as well as publications and professional articles with content related to the Platform's product range. The information blog is accessible to all Users (no login required). The provisions of point 4 above shall apply accordingly to the provision of services related to Users browsing the aforementioned information.
7. The Newsletter is a free electronic service, provided by the Administrator via electronic mail (e-mail), which enables all customers using it to automatically receive periodic messages (newsletters) from the Administrator containing information about the Platform, including news or promotions. The provision of this service is based on the following principles:
7.1 The Newsletter service is only available to logged-in Users (after creating an Account) and submitting an application in accordance with section 7.2 below.
7.2 In order to activate the Newsletter service (possibility to receive commercial information), the Buyer must provide a valid e-mail address or activate the corresponding field in the registration form or Order form.
7.3 The buyer may revoke consent to the sending of commercial information at any time. The contract for provision of the aforementioned service is concluded for an indefinite period of time and is terminated
upon sending by the Buyer a request for unsubscribing from the Newsletter (to the e-mail address of the Administrator) or unsubscribing via the link in the message sent as part of the Newsletter service.
8. The Buyer (only logged-in User) has the possibility to make individual and subjective and subjective opinions (evaluation and commentary concerning the Product or the course of actions related to the conclusion and performance of the Sales Agreement, including, among other things, those relating to the contact with the Seller or timeliness of Sales Agreement execution and after-sales service) under the following conditions:
8.1 Opinions are confidential and will not be published on the Platform, but are visible to the Buyer (the person giving the opinion) and to the Seller (to whom the opinion relates).
8.2 The contract for the provision of the opinion posting service is concluded for a fixed period and is terminated as soon as the opinion is added.
8.3 By adding an opinion, the purchaser declares that they own all rights to this content. The opinion will be identified by the data of its author (name and surname or company name and e-mail address).
8.4 Opinions should be written in a clear and comprehensible manner and may not violate applicable laws, including third parties' rights - in particular they may not be defamatory, infringe personal rights or constitute an act of unfair competition, and may not be used for illegal activities or activities infringing intellectual property rights, trade secrets, company secrets or other rights of the Seller or the Administrator or third parties. When adding an opinion, the Buyer is obliged to act in accordance with the law, these Terms, good manners and rules of social coexistence.
8.5 The Buyer agrees and confirms that it will not post reviews: (i) knowingly false, inaccurate or misleading; (ii) contain contact information, including, in particular, names, telephone numbers, address details or other contact information; (iii) contain computer viruses or other potentially harmful programs or files; (iv) contain references or links to other products, third parties or portals.
8.6 The Administrator does not post or order another person to post false opinions or recommendations of Buyers and does not distort the opinions or recommendations of Buyers. The Administrator provides both positive and negative opinions. The Administrator does not make available sponsored opinions.
8.7 The administrator is not responsible for the opinions posted by Buyers.
9. The Administrator may terminate an agreement for the provision of electronic services (including the Account service) in the event of a breach by the Buyer of the provisions of these Rules and Regulations or of the rights of both the Administrator and third parties. The Administrator, upon a prior ineffective call to cease or remove violations, setting an appropriate date, may terminate the aforementioned agreement at 14 days' notice. Termination of the aforementioned agreement shall result in deletion of the Account within 14 days from the date of receipt of such notice by the other party.
10. The Administrator informs that using the Platform via a web browser,
including placing an Order, as well as making telephone calls, may be connected with the necessity to incur costs of connection to the Internet (data transfer fee) or telephone connection costs, in accordance with the tariff package of the service provider used by the contacting person.
11. The Administrator does not guarantee and is not responsible for the possible unavailability of the electronic services, as well as for interruptions and disruptions in access to them, in particular if they are caused by the need to repair, replace, extend, modify or maintain the infrastructure of the Platform and for reasons beyond the Administrator's control, such as Force Majeure. Users will be notified well in advance of any interruption in access to the Platform due to planned modifications.
12. Any comments concerning the operation of the Platform and its particular functionalities or
in respect of other electronic services can be made using the complaint procedure specified in Chapter XVIII of these Terms and Conditions.
VII. SETTING UP AN ACCOUNT AND ACCOUNT FUNCTIONALITIES
1.The service of maintaining an Account on the Platform is available after registration according to the following procedure:
1.1 The Buyer registers and creates an Account by completing the electronic registration form available on the Platform by providing his/her e-mail address and password.
1.2 An email will be sent to the email address provided with information on how to complete the registration.
1.3 Registration is subject to (i) agreeing to the content of the Terms and Conditions, (ii) providing personal data marked as mandatory (including proof of age) and (iii) making a declaration on the processing of personal data and providing commercial information. The above declaration will be provided by ticking the relevant boxes (checkbox).
1.4 Upon completion of registration, an Account agreement is concluded between the Buyer and the Administrator.
2. The contract for the provision of the Account service is concluded for an indefinite period of time and is terminated when the Buyer sends a request to delete the Account or uses the "Delete Account" function or any equivalent. The Buyer may terminate the indicated service at any time by addressing such a request in the manner indicated above.
3. Having an Account is required to make purchases on the Platform. The Account (Buyer interface) allows the Buyer to manage their own data (entering or modifying data), to make Orders or check their status and to view the history of their Orders.
4. Logging into an Account consists in providing a login and password established by the Buyer. The password is confidential and should not be disclosed to anyone, and the Buyer should protect it against disclosure.
5. In the event of any change to the Buyer's data, the Buyer is obliged to update it immediately using the relevant form available on the Platform. The Buyer is responsible for the consequences of providing or maintaining incomplete, out-of-date or incorrect data.
6. The Buyer may only have 1 (one) Account per 1 e-mail address. The buyer is not allowed to use
use the Accounts of other users or share an Account with other persons.
7. The Buyer is obliged to inform the Administrator without delay if the access data to the Account has been taken over by third parties and explain the circumstances of its acquisition.
8. Instructions on the right of withdrawal from the contract for the provision of the Account service to a Buyer who is a consumer and a model form which such a Buyer may use are set out in
in Appendix No. 2 to the Terms and Conditions ("RIGHT TO WITHDRAW FROM THE AGREEMENT
ON ACCOUNT MANAGEMENT AND MODEL DECLARATION OF WITHDRAWAL"). The Buyer shall not be entitled to withdraw from this contract if he has used the service, in particular if he has accepted the offer to sell the Product.
VIII. GENERAL RULES ON THE USE OF THE PLATFORM
1.The Buyer shall be obliged to use the Platform in a manner that is consistent with generally applicable law, the provisions of these Regulations, as well as with the general rules for the use of the Internet, and shall in particular be obliged to:
1.1 to use the Platform in a manner consistent with the nature and purpose of the services provided by the Administrator and in a manner that does not interfere with the use of these services;
1.2 use the Platform in a manner that does not interfere with its functioning, in particular through the use of specific software or devices,
1.3 not to take actions such as: sending or posting unsolicited commercial information (spam) on the Platform,
1.4 to use the Platform in a manner that is not disruptive to other Users and the Administrator,
1.5 use any content posted on the Platform for your own personal use only.
2. The Buyer is obliged to refrain from reneging on agreements concluded using the Platform or inducing Sellers to sell Products outside the Platform.
3. Communication conducted via the Platform, including the Helpdesk tool, should not be contrary to the principles set out in these Terms of Use, the generally applicable law or good morals and in a manner that does not violate the rights of other Users, the Administrator or third parties, including in a manner that does not have the characteristics of unsolicited commercial information (including advertising). The Administrator is entitled to watch over the course of communication between Users and to take action in the event that the communication violates the Rules and Regulations or the law (in cases specified in Chapter XX of the Rules and Regulations).
4. The Platform operates in several European countries (including the Republic of Poland). Conclusion of a Sales Contract by Users whose registered office or usual place of residence is in different countries may result in the application of the relevant provisions of foreign law to the transaction and the Sales Contract.
IX. SALES CONTRACT
1.The presentation of the Products on the Platform constitutes an offer to sell them.
2. As part of the offer to sell a Product, the following are published: (i) information about the Product; (ii) the price of the Product; (iii) information about the available quantity of the Product and the date of their availability; (iv) information about the terms and conditions of the Sales Agreement, including in particular the terms of payment, terms and forms of delivery with the costs and expected delivery date, information about the method of complaint, warranty, information about the right and method of withdrawal from the aforementioned agreement.
3. The Seller (Seller or Administrator - depending on the type of Product offered) is fully responsible for the content of the information he/she places in connection with the offer. The Administrator does not verify Products presented by a Seller and the content of his/her offers.
4. The order in which the offers are presented depends on the buyer's choice and on the setting of the selection criterion - it may be based on criteria such as, for example, price (from lowest or highest
highest), popularity, availability.
5. The Sales Contract is concluded upon the Buyer's acceptance of the offer (i.e. approval of the purchase of the Products and submission of the Order in accordance with Chapter X of the Regulations) - subject to the provisions hereof.
6. Upon accepting the offer, the Buyer expresses consent and authorises the Admin to transfer to the Seller information including data necessary to perform the Sales Agreement (i.e.: contact details and delivery address). If the Buyer has requested to receive an invoice, he or she agrees to provide the Seller also with the data necessary to issue the invoice.
7. In the case of certain payment methods, the conclusion of the Sales Contract may take place after payment authorisation, in accordance with the information provided to the Buyer prior to purchase.
8. Persons using the Platform in the name of and on behalf of a legal person or an organisational entity without legal personality, but with legal capacity (this applies to any specific category of customer - with the exception of natural persons), including in particular those making purchases on behalf of the aforementioned persons - declare and warrant that at the time of taking any action on behalf of such persons, they will be duly authorised to carry out such action on behalf of that entity.
9. Due to the need to ensure the certainty of trading on the Platform, a Sales Agreement shall not be concluded, and a concluded Sales Agreement shall be terminated, if the Buyer fails to make payment for the purchased Products when choosing online payment through a payment operator - within 24 hours from the initiation of the payment, with the reservation that a Sales Agreement is not terminated if it results from the data available to the Admin that the agreement has been concluded and the payment for a Product that is the subject of that agreement was paid by the Buyer outside the payment operator's system (if a given payment operator allows such cases).
10. Each sale is recorded with the issue of a proof of sale (invoice or receipt). The proof of sale (invoice or receipt) is sent electronically to the Buyer's e-mail address provided during the placement of the Order (which the Buyer is responsible for indicating correctly).
11. By accepting these Terms and Conditions, the Buyer agrees to the issuing and making available (sending) to him the sales invoices in electronic form (as well as corrective invoices
and duplicates of these documents in electronic form), to the Buyer's e-mail address. The format of the aforementioned document is PDF (Portable Document Format). The Seller (Seller or Administrator) shall issue and send the sales receipts in electronic form guaranteeing the authenticity of their origin and integrity of their content. Withdrawal of consent means non-acceptance of the Terms and Conditions and, therefore, inability to use the services of the Platform.
12. Upon conclusion of a Sales Agreement, its terms and conditions shall be sent to the Buyer's e-mail address in accordance with Section 5.7 of Chapter X of these Terms and Conditions. Recording, securing, making available and confirming the material provisions of the concluded Sales Agreement shall take place by sending the above-mentioned e-mail message. The content of the Sales Agreement is additionally recorded and secured in the IT system of the Platform.
13. Sales take place on the basis of the version of the Terms and Conditions in force at the time the Order is placed.
14. The Contract of Sale is of a term nature and lasts for the duration of the Order. The place of performance related to the purchase of the Products is the delivery address indicated by the Buyer in the Order.
15. Further actions after the conclusion of the Sales Agreement shall be governed by the provisions of these Terms and Conditions or generally applicable laws.
16. In the event of a justified suspicion that the conclusion of a Sales Agreement is contrary to these with these Terms, legal regulations, constitutes an abuse of subjective rights or serves purposes other than the actual performance of the Sales Agreement, the Admin may suspend its performance, cancel the Buyer's declaration or invalidate the Sales Agreement.
X. PLACING AND TAKING ORDERS
1.Acquisition of the Products offered via the Platform is only possible by placing an Order in advance.
2. Orders can only be placed electronically after logging into the Account (logged-in buyers only).
3. Orders can be placed 24 hours a day, 7 days a week. Orders placed on Saturdays, Sundays or public holidays are processed on the next working day.
4. The Buyer may add more than one Product to the shopping basket (including from different categories and from different sellers) and place Orders for all the Products in the shopping basket.
5. To place an Order, please complete the following steps:
5.1 The Buyer must log in to the Platform (at any stage of the Order);
5.2 The Buyer selects the Products he wishes to order and then clicks the "Add to cart" button (or equivalent). It is possible to place Products from different Sellers and Products directly from the Administrator (in accordance with point 2 of Chapter IV of the Terms and Conditions) in the shopping cart at the same time - this way Orders may be placed with different entities;
5.3 During the Ordering process, the Buyer will be required to provide the following details on the form: (i) first and last name or company/individual name; (ii) delivery address; (iii) e-mail address; (iv) telephone number. A change of delivery address is only possible in extraordinary circumstances, by agreement with the Seller or the Administrator. If the Buyer requests to receive an invoice, he is obliged to provide the data necessary to issue the invoice (type: billing address, NIP, etc.);
5.4 The buyer chooses the method of delivery;
5.5 The buyer chooses the form of payment;
5.6 The buyer clicks on the "Pay Order" button (or equivalent);
5.7 after the Order has been placed, the system automatically generates an e-mail message
confirming the registration and placement of the Order.
6. As a condition of placing an Order, the Buyer is required to fill in all obligatory fields in the form allowing for the verification of the Buyer. The Buyer is obliged to fill in the form carefully, providing all the data in accordance with the actual state, and then make declarations on the acceptance of the Regulations, processing of personal data or provision of commercial information.
7. The administrator may require the Buyer to provide information allowing for his identification or verification of the provided data, in order to correctly identify the Buyer as a party to a Sales Agreement or assess the Buyer's capacity to be such a party.
8. The details of the Seller (the entity responsible for the implementation of the Sales Contract) will be visible when the Product is added to the shopping cart and also with the Order summary before clicking on the "Pay Order" button (or equivalent).
9. In case of inability to complete an Order, which may occur in case of Force Majeure or other reasons, the Seller or Administrator undertakes to immediately inform the Buyer via Helpdesk messenger or e-mail address or by phone. In such a case the Buyer, who is a consumer, may resign from the performance of the Sales Agreement, and the Seller or Admin shall refund the amounts paid by the consumer. In other cases, the performance of the Sales Agreement shall be postponed for the duration of the obstacle.
XI. PRICES AND PAYMENTS
1.The gross prices of the Products are presented on the Platform. The gross prices are inclusive of VAT (value added tax) - at the relevant rate depending on the country of delivery or the country of the buyer. The price of the Product given at the time of placing the Order is binding for both parties to the transaction.
2. The price of the Product is stated in EURO.
3. Prices do not include non-standard delivery costs, which are indicated when choosing the method of delivery of the Product (details in Chapter XII of the Regulations). The total cost of the Order (i.e. the price of the Products together with any delivery costs) is indicated in the shopping cart, prior to the final submission of the Order by the Buyer.
4. Orders placed via the Platform can be paid for in advance (prepayment of the Order - hereinafter also referred to as "payment in advance").
5. The following forms of payment are available on the Platform:
5.1 Internet transfer (e-payment) via an online payment service (separate payment operator);
5.2 payment card;
5.3 mobile wallet (Apple Pay and Google Pay).
6. Details of the available forms of payment are always visible when placing an Order. The availability of a particular payment method may depend on the Seller, the type of Product purchased, the value of the Order and the chosen delivery method or delivery address or the Platform market.
7. The currently available payment methods and a list of payment operators can be found on the Platform.
8. As for payment in advance, the Order must be paid for no later than 24 hours
from the moment of submitting the Order. If payment is not made within this period, the Order shall be cancelled and the Sales Agreement shall be terminated. Settlement of payment means receipt of funds into the Administrator's or Seller's account, or receipt of confirmation from the payment operator, and not the moment of the payment order itself.
9. Other forms of payment using discount vouchers or vouchers may be made available to Buyers on the Platform (discount vouchers and vouchers are not payment cards or electronic payment instruments). If the Buyer uses this form of payment, the sale price will be reduced by the amount indicated on the voucher or voucher. Detailed terms and conditions for programmes involving discount vouchers or vouchers will be set out in separate documents - available on the Platform.
10. The processing of the Order shall be commenced once the full amount of the required payment has been credited for the Order placed.
XII. DELIVERY AND ORDER PROCESSING
1.Detailed information on possible delivery methods and deadlines is presented on the Product's card or via the DELIVERY (link https://swapiphone.com/fr-en/delivery) tab or when placing an Order.
2. The Platform provides for the following forms of delivery: (i) standard shipping - up to 2-6 working days (from acceptance of the Order and full payment); or (ii) additional paid custom shipping - up to 2 working days (from acceptance of the Order and full payment).
3. The Buyer shall not bear the costs of standard shipping, as well as any duties or customs charges related to the dispatch of the Products.
4. The Buyer can choose the method of delivery from the forms made available on the Platform.
5. The Seller (Seller or Administrator) is responsible for the delivery of the Product and fulfilment of the Order.
6. The ordered Products are delivered via cooperating courier companies.
7. Delivery shall take place to the address indicated by the Customer when placing the Order, or to the selected collection point.
8. During the execution of the Order, the Buyer will receive communication by e-mail regarding the current progress of the delivery and execution of the Order (Order status).
9. In exceptional situations beyond the Administrator's control (including cases caused by Force Majeure), unexpected difficulties in fulfilling the Order (the part of the Order comprising the Products supplied by the Administrator) may occur, resulting from problems with the availability of the ordered Product or Force Majeure. In the event of such a situation:
9.1 The Buyer will be informed of any problems with the Order;
9.2 The Buyer may choose to cancel this part of the Order;
9.3 An attempt will be made to find another solution together.
10. The Buyer has the opportunity, in the presence of the supplier of the consignment (courier or forwarding agent), to check the contents of the package delivered to him for any damage to the Product during transport. If the Buyer discovers such damage, he should immediately, in the presence of the supplier, draw up a complaint protocol necessary to facilitate the processing of the complaint or comments.
XIII. RETURN OF PAYMENT
1.In the event of (i) placement of an Order and its payment, followed by cancellation of the Order before its execution (dispatch); (ii) withdrawal from the Sales Agreement; (iii) acceptance of a complaint, resulting in the need to refund the price; (iv) non-acceptance of the Order (cancellation by the Seller or the Admin) - the Seller or the Admin (depending on who the Seller is) shall refund the amount due immediately, but no later than within 14 days (unless further provisions provide for shorter periods, unless further provisions provide for shorter periods).
2. The platform provides for the following conditions and standards for reimbursement of purchase costs:
2.1 The reimbursement of the purchase price includes (i) the purchase price including VAT; and (ii) the express (non-standard) shipping costs that the Buyer paid for the purchase of the Product;
2.2 The purchase cost reimbursement should be made within the period agreed with the Buyer within a maximum of 3 working days after the Product is delivered to the registered office of the Seller or the Admin, whereby: (i) if the Buyer withdraws from the Sales Agreement after shipment of the Product, the refund will be made within 7 days from the date of receipt of the returned Product by the Seller or the Admin, but no later than 14 days (ii) if the Purchaser withdraws from the Sales Agreement before shipment of the Product, the refund will be made within 3 working days from the date of cancellation of the Order by the Purchaser.
3. Refunds may be withheld until you have received the returned Product or confirmation of its return (whichever comes first).
4. Refunds will be made using the same method by which the Order was paid for, unless the Buyer expressly agrees to another method of refund that does not incur additional costs for the Buyer.
5. The Buyer is obliged to provide the necessary data for the refund (e.g. bank account number, name and address data). If the Buyer fails to provide such data or provides incorrect data (and the refund will not take place or will be delayed for this reason, despite the Seller or the Administrator exercising due diligence in payment processing), the Administrator and the Seller shall not be held liable for such situation.
XIV. RIGHT OF WITHDRAWAL FROM THE SALES CONTRACT (RETURN OF THE PRODUCT)
1.Any Buyer shall have the right to withdraw from any Sales Contract concluded through the Platform within 30 days of receipt of the Order without giving any reason or justification. However, if the withdrawal period expires on a public holiday, the period shall be extended to the next working day. For the avoidance of ambiguity, it is established that, even if the provisions of common law provide for a shorter period for exercising the right of return or withdrawal, the Platform guarantees a 30-day period.
2. The right of withdrawal applies to both the entire Order and parts thereof (individual Products).
3. In order to withdraw from the Sales Agreement, the Buyer must inform the Admin or the Seller (if it is the Seller with whom the agreement was concluded) of his/her decision - via the Helpdesk tool. For this purpose, you can also use the form available through the Account. A Buyer who is a consumer may alternatively send a statement of withdrawal from the contract to the Administrator or to the Seller (by letter or e-mail). A Buyer who is a consumer may also use the statutory model withdrawal form attached as Appendix No. 3 to the Regulations ("FORM OF WITHDRAWAL FROM THE SALES AGREEMENT").
4. If the Buyer exercises the above right, the Buyer must return the Product within 14 days of receiving the return label from the seller's entity. All returns on the Platform are free of charge (the Buyer does not pay any return costs).
5. The Buyer is obliged to return the Products together with all items of equipment, including packaging insofar as it is an essential part of the Product, unless the seller has offered to collect the Products himself. The selling entity may withhold reimbursement until it has received the Products back or until it has provided proof of return, whichever event occurs first.
6. In the case of withdrawal - the Sales Agreement shall be deemed not concluded. What the parties have provided shall be returned unchanged, unless the change was necessary to ascertain the nature, characteristics and functionality of the Product.
7. The Buyer shall be liable for any diminution in the value of the purchased Product resulting from use beyond what is necessary to ascertain the nature, characteristics and functioning of the Product. Indeed, he has the right to investigate the character, features and functioning of the Product, but he cannot use it in an unlimited manner. If he or she does so, the Seller or Administrator has the right to charge him or her with additional costs in connection with the diminished value of the Product (the Buyer is responsible for the deterioration of the returned item) - the value of the returned amount will be proportionally reduced.
8. In the event of effective cancellation of the Sales Contract, the Buyer shall be refunded the entire amount paid (including the cost of delivery of the Product, if incurred by the Buyer, at the rate of the cheapest ordinary delivery method offered by the Platform).
9. In the event that during the period indicated in point 1 above (30-day period from receipt of the Product) - the Buyer, in the first instance, has exercised the rights of complaint set out in Chapter XV below and if the Product has to be repaired or replaced due to a defect during this period - it shall be assumed that the new period (at least 14 days) for withdrawal from the Sales Agreement shall start again from the day on which the repaired or replaced Product reaches back
to the Buyer.
10. The detailed conditions and instructions regarding the right of withdrawal from the Sales Agreement for Products purchased from the Admin are presented in Appendix No. 4 to the Terms and Conditions ("NOTICE ON THE RIGHT OF WITHDRAWAL - SWAPIPHONE.COM PRODUCTS").
11. Detailed conditions concerning the right to withdraw from the Sales Contract of Products purchased from the Seller are to be found on the Platform (tab RETURNS AND COMPLAINTS).
XV. RIGHT TO CLAIM (GOODS NOT IN CONFORMITY WITH THE CONTRACT)
1.Sellers or the Administrator are obliged to deliver a Product(s) conforming in accordance with the concluded Sales Agreement, i.e. without any defects, unless they are directly and explicitly indicated in the description of a given Product. Such a situation may occur in the case of a category including used and refurbished (refurbished) electronic devices (including in particular mobile phones and smartphones).
2. The Seller or the Administrator shall be liable to customers who are consumers or privileged businessmen for non-compliance of the Product(s) with the Sales Agreement under the terms of the applicable laws.
3. In the event of non-conformity of a Product with the Sales Contract (the occurrence of defects of which the Buyer has not been directly and expressly informed), each Buyer shall have the right to complain about the Product in accordance with applicable law and the further provisions of the Terms and Conditions.
4. In order to ensure high standards of customer service, the right to complain about a Product as provided for in this Section applies to all Buyers (irrespective of their status, i.e. both consumers and businesses).
5. The aforementioned liability for the right of complaint is valid for 24 months from the date of receipt of the Product.
6. This liability applies if the purchased Product proves to be defective or does not look or function as described/offered and if it does not meet the other requirements set out by the applicable regulations. These cases include, in particular, all defects that already existed when the Product was dispatched (handover), but do not include normal wear and tear.
7. During the first year (after purchase), it is generally assumed that the defect already existed when the Product was handed over. After one year (i.e. between 12 and 24 months after purchase), a claim should only be realised if the Buyer can prove that the defect lies on the part of the Seller or the Administrator. Otherwise, this liability no longer applies.
8. The Buyer shall not bear any costs related to the complaint. The Seller or the Administrator shall be obliged to collect the Product at his/her own expense and shall bear the costs of repair or replacement or return, including in particular the costs of postage, carriage, labour and materials.
9. Differences between the visualisation of a Product on the Platform's website and the actual appearance of that Product, resulting from the individual settings of the computer used by the Buyer (colour, proportions, etc.) cannot be the basis for a complaint and return of the purchased Product.
10. The applicable statutory law governing the aforementioned liability shall always be the national law of the place of residence/site of the purchaser.
XVI. CONTRACTUAL GUARANTEE
1.The products sold by the Sellers are covered by a contractual guarantee. The detailed conditions of this guarantee are set out in the WARRANTY tab (https://swapiphone.com/fr-en/guarantee). In order to make use of the contractual warranty, the Buyer should follow the terms and instructions therein.
2. Every buyer (regardless of status, i.e. both consumer and entrepreneur) is entitled to the contractual guarantee.
3. The warranty does not exclude, limit or suspend the Purchaser's rights under the regulations on non-conformity of goods with the contract (Chapter XV of the Terms and Conditions).
4. The Administrator does not provide any guarantee for products sold by Sellers. Information regarding the guarantee and its terms are provided by Sellers or are available on the Platform in accordance with point 1 above.
5. There is no contractual guarantee on Products in the Administrator's exclusive offer (Products including: new accessories and add-ons for electronic devices).
6. Products included in the Administrator's exclusive offer may be covered by a manufacturer's or importer's warranty valid in the territory of Poland. The detailed conditions of this guarantee and its duration are then specified in the guarantee card issued by the guarantor and attached to the Product. If, upon receipt of the Product, the Purchaser discovers manufacturing defects in the Product, the Purchaser may exercise the warranty rights directly against the manufacturer of the Product or at the indicated service centres (applies to Products covered by the manufacturer's or importer's warranty pursuant to this section).
XVII.PRODUCT COMPLAINT PROCEDURE
1.Within the scope of the rights of complaint (Chapter XV of the Terms and Conditions), each Buyer may demand (i) free repair or (ii) replacement (at his choice). Only if the fulfilment of one of these claims is not possible, the claim is limited to the option possible for the Seller or the Administrator. If both repair and replacement are impossible or the Seller or Administrator is unable to do so within a reasonable period of time without exposing the Buyer to serious inconvenience, the Buyer has (iii) the right to demand a price reduction (partial refund) or (iv) a full refund of the purchase price and withdraw from the Sales Contract (in the case of material non-conformity with the contract).
2. The complaint procedure for purchases from the Seller or the Administrator is as follows:
2.1 A complaint can be made via the Helpdesk communication tool.
2.2 The Buyer should fill in the available complaint form (from the Order or Account level).
2.3 Be sure to describe the reason for your complaint in detail by selecting the reason for the complaint and describing its content in detail. It is recommended to provide: (1) information and circumstances relating to the subject of the complaint, in particular the type and date of occurrence of the irregularity or non-compliance with the Sales Agreement; (2) specification of your request; and (3) contact details of the complainant - this will facilitate and accelerate the processing of the complaint. The requirements specified in the preceding sentence are in the form of a recommendation only and shall not affect the affect the effectiveness of complaints submitted without the recommended description of the complaint.
2.4 When submitting a complaint, the Product under complaint should be made available (and also, if possible, accompanied by proof of purchase), unless the Seller (Seller or Administrator) decides that sending the Product is unnecessary to clarify the matter. The complained Product should be sent back to the Seller's or Administrator's address (indicated during complaint notification). Details on how to send the Product under complaint can be found on the Platform (tab RETURNS AND COMPLAINTS).
2.5 The Seller or Administrator undertakes to consider each complaint within 14 days. If the Seller or Administrator does not respond to the complaint within 14 days, it shall be deemed justified.
2.6 In the event of any deficiencies in the complaint, the Buyer shall be called upon to supplement the complaint
to the extent necessary without delay, but no later than within 7 days of receipt of the summons by the Buyer.
3. The Administrator provides registered Buyers with a Helpdesk communication tool that will enable them to lodge an online complaint directly with the Seller (in accordance with the above guidelines). The Seller and the Administrator are informed of the Buyer's complaint.
XVIII. COMPLAINTS PROCEDURE FOR THE PLATFORM AND ELECTRONIC SERVICES
1.Any comments concerning the operation of the Platform and its individual functionalities or regarding other electronic services can be made in the following form:
1.1 electronically using the contact form (via the Helpdesk tool); or
1.2 in writing to the address of the Administrator's registered office (with the recommended wording "Complaint"); or
1.3 by e-mail: [email protected] (with the recommended subject of the message: "Complaint").
In the above-mentioned complaint, the Buyer should state his/her details (name and surname or company name), correspondence address or e-mail address, the type and description of the problem that has arisen and the content of the request.
2. The Administrator shall investigate the Complaint within a reasonable time (no later than within 30 days from its
from the date of its receipt), shall respond to the Complaint and inform the Buyer of further proceedings. The response will be provided in the same manner as the complaint was submitted.
3. In the event of failure to obtain all the necessary data to recognise the Complaint, the Administrator shall request the Buyer to supplement the necessary information, and the Buyer shall be obliged to provide all the necessary information. The aforementioned time limit shall then run from the date of delivery of the supplemented Complaint.
4. Complaints that do not identify the User will not be processed.
XIX.INTELLECTUAL PROPERTY RIGHTS
1.The Platform and all content made available as part of the Platform shall be subject to the protection provided by the generally applicable legal provisions in this regard and these Terms and Conditions.
2. All rights to the Platform or the content presented therein (graphic designs, videos, photos, texts, articles, forms, scripts, source codes, passwords, trademarks, service marks, etc.), including property copyright, intellectual property rights to its name, Internet domain, the Platform website, as well as to the forms, logos, trademarks and other markings of the Administrator belong to the Administrator (subject to third-party licences), and use may only take place in the manner specified and in accordance with these Terms of Use.
3. The downloading, copying, modification, reproduction, transmission or distribution of any content from the Platform without the consent of the owner is prohibited. In particular, any aggregation and processing of the data and other information available on the Platform for the purpose of making them available to third parties within the framework of other Internet services as well as outside the Internet is prohibited.
4. It is prohibited to make any unauthorised use of the name, designations, graphic elements (including logos), layout and composition of the Platform's webpages (so-called "layout"), content posted on the Platform by other persons, as well as infringing intellectual property rights in any other way, without the express consent of the Administrator. In particular, it is prohibited to use the name of the Platform for the purposes of marking the name of the Seller or the Products.
5. The use of the Platform and its content does not entail the acquisition by the User of rights or licences to them (except for those expressly granted). The User may only use the Platform and its content within the scope of use defined by these Terms of Use. Other use is only permitted with the prior consent of the Administrator.
XX. ILLEGAL CONTENTS
1.The purchaser is prohibited from providing illegal content and content of an unlawful nature (e.g. content that promotes violence, is defamatory or infringes the personal rights and other rights of third parties).
2. Illegal content shall be understood as content defined in the Digital Services Act (DSA) (Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market for Digital Services and amending Directive 2000/31/EC), according to which illegal content means information that, in itself or by reference to an act, including the sale of products or the provision of services, is not in compliance with European Union (EU) law or the law of any EU Member State that is consistent with EU law.
3. The Administrator, in the event that it becomes aware (including on the basis of its own actions, credible information or official notification received) of illegal content, or of facts or circumstances which are clearly indicative of illegal activities or content, will immediately take appropriate action to remove or prevent Users from accessing illegal content, and will request an explanation from the User concerned. The User is obliged to cooperate with the Administrator in order to avoid or eliminate the risks associated with the content published by the User and considered illegal or unauthorised.
4. The administrator makes it possible to report illegal content electronically by means of a dedicated e-mail address ([email protected] ). At the same time, this address is an electronic contact point for direct communication with the designated authorities of the Member States or the Commission. Communication may be conducted in Polish or English.
5. Under the conditions stated in these Terms of Use, the Administrator is entitled to change and moderate content provided by Users if it violates the standards of the Platform, the provisions of the Terms of Use or the generally applicable law. The aforementioned content moderation concerns illegal content or content that does not comply with the Administrator's terms of service. Content moderation may be carried out manually or, in exceptional situations, in an automated manner (content of sales offers). Within the framework of the above, the Administrator is entitled in particular to: (i) refuse to publish the content, (ii) remove the content, (iii) prevent access to the content, (iv) deposit the content, (v) suspend or terminate the provision of services to the Seller, (vi) suspend or close the Account, (vii) other actions provided for by these Terms of Service or by generally applicable law.
6. Any comments on the resolution of illegal content may be submitted under the complaints procedure set out in Chapter XVIII of the Terms and Conditions.
XXI. PERSONAL DATA
1.The Administrator is the administrator of the personal data provided during the processes of Account registration, placing an Order, concluding a Sales Agreement for Products that are exclusively offered by the Administrator, using the Platform (including making purchases) and other electronic services. Information on the processing of personal data by the Administrator can be found in the Privacy Policy.
3. The Administrator collects and processes the personal data provided by Users in accordance with
accordance with applicable law and in accordance with the Privacy Policy. Details of data processing, including information on the processing of personal data in cookies and other similar internet technologies - can be found in the Privacy Policy.
3. In the case of a purchase from a Seller, the respective Seller is the controller of the personal data to the extent necessary for the execution of the Order and the handling of this Sales Contract.
XXII. AMENDMENTS TO THE REGULATIONS
1.The current version of the Terms and Conditions is published via the Platform.
2. These Terms and Conditions may be amended for important reasons, including those of a technical or legal nature and changes to the rules for the sale of Products or the provision of electronic services, and in particular, the following are considered to be important reasons:
2.1 the need to adapt the provisions of the Rules of Procedure to generally applicable laws (which have a direct impact on the Rules of Procedure and which result in the need to modify the Rules of Procedure in order to comply with the law), as well as rulings of decisions, provisions, interpretative guidelines, recommendations or orders of public authorities;
2.2 change of company, legal form, identification numbers, address or contact details of the Administrator;
2.3 change the scope and type of electronic services provided or Products offered;
2.4 extensions or changes to existing functionalities of the Platform and the withdrawal of certain functionalities;
2.5 change the process of concluding Sales Agreements;
2.6 a change in the manner, conditions, deadlines and costs of delivery/payment/returns/complaints;
2.7 improving or changing the service process for buyers;
2.8 changing the technical conditions for the provision of electronic services;
2.9 the need to introduce additional or amend existing security measures, as well as to counter abuse of the law;
2.10 changing business processes and the business concept.
3. The Administrator reserves the right to amend the Terms and Conditions (including the appendices and other documents forming an integral part of the Agreement and listed in these Terms and Conditions) at any time.
4. Each Buyer will be informed of any changes to these Conditions of Use by means of information on the Platform's home page (including a summary of the changes and the date on which they become effective coming into force), and will additionally be informed of the changes with their summary to the e-mail address indicated or by posting the information directly on the Account.
5. The effective date of the amendments will not be less than 14 days from the date of their announcement. Regulations as amended shall come into force on the 15th day from the day of notification of the amendment to the Rules and Regulations in the manner referred to above, unless the Bylaws as amended provide for a later entry into force of the amendment.
6. Amendments to the Terms of Use may be made without observance of the aforementioned deadline if the amendments result from the necessity to change the hyperlinks or links contained in the Terms of Use, as well as purely editorial amendments aimed at facilitating the clarity of the text, removing ambiguities as well as mistakes and clerical errors that might possibly appear in the Terms of Use.
7. If the Buyer, who has an Account, does not accept the new content of the Terms and Conditions, he is obliged to inform the Administrator about this fact within 14 days from the date of informing about the change of the Terms and Conditions. A notice of non-acceptance of the new content of the Terms and Conditions shall result in termination of the agreement for the provision of electronic services.
8. The amendment to the Terms and Conditions shall not affect the terms and content of Orders placed during the validity period of the previous version of the Terms and Conditions and Sales Agreements concluded on their basis.
XXIII. RESPONSIBILITY
1.The Seller shall be solely responsible for its activities via the Platform, including towards Buyers and other Users. This shall apply in particular to responsibility for the Product or the non-performance or improper performance of Sales Agreements by the Seller and after-sales service (performance of warranty and guarantee obligations relating to the subject of the Sales Agreement or similar obligations) and guarantees relating to the subject of the Sales Agreement or similar obligations).
2. The Administrator is responsible for the Products that are in its exclusive offer (Products including: new accessories and add-ons for electronic devices) and Sales Agreements related to their purchase.
3. The Administrator's liability for damage in legal relations with customers is always limited to the value of the Product including delivery costs, but this does not apply to the consumer and privileged trader. The Administrator is not liable for lost benefits or loss of profits.
4. Compensation for breach of obligations under the Sales Agreement shall be due in the cases provided for by applicable law. The same applies to liability for damage caused by a hazardous product. Any instructions placed on packaging or containers should be followed. The Seller or Administrator shall not be liable for improper use of the purchased Products (including the consequences of use contrary to the above-mentioned instructions or for the consequences of failure to follow such instructions) contrary to the applicable law or for the consequences of such use.
XXIV. SETTLEMENT OF DISPUTES
1.Out-of-court complaint and redress procedures may be used in legal relations with consumers. The use of out-of-court complaint and redress procedures is voluntary.
2. Detailed information concerning the possibility for the consumer customer to use such means of complaint handling and redress, as well as the rules of access to these procedures in the relevant Member State of the European Union can be found on the website: European Competition Network and Consumer Protection Cooperation Network, as well as social organisations whose statutory tasks include consumer protection.
3. The Administrator's participation in out-of-court consumer dispute resolution proceedings is voluntary and the information provided above does not constitute an obligation for the Administrator to participate in such proceedings.
XXV. JURISDICTION
1.All possible disputes related to the execution of purchases through the Platform, the parties should try to resolve amicably, including those described in Chapter XXIV of the Terms and Conditions.
2. Any disputes that arise from the application of these Terms and Conditions shall be settled by the competent Polish common courts.
3. Any disputes arising between the Administrator and the Buyer, who is a consumer, shall be referred to the competent courts in accordance with the provisions of the relevant provisions of the Code of Civil Procedure.
4. Any disputes arising between the Administrator and the Buyer, who is a privileged trader, shall be submitted to the courts with jurisdiction according to the provisions of generally applicable law.
5. Any disputes arising between the Administrator and a Buyer who is a businessman (and to the rest of the Customers) will be settled by the court having jurisdiction over the Administrator's registered office (Warsaw).
XXVI. APPLICABLE LAW
1.The law applicable to Sales Agreements, services rendered by the Administrator within and through the Platform and through the Platform, as well as all other matters described in these Terms of Use together with the appendices or additional documents such as the Privacy Policy and others mentioned in these Terms of Use, shall be governed by Polish law.
2. In the case of Consumer Buyers, the above choice of law shall not exclude the protection afforded to consumers under the mandatory provisions of the law of the country in which the Consumer Buyer concerned has his habitual residence.
3. The United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply to the Sales Contract and the matters regulated herein.
XXVII. FINAL PROVISIONS
1.All contracts concluded through the Platform are concluded in English.
2. Nothing in these Terms and Conditions is intended to infringe the statutory rights of consumers. In the event of any contradictions between provisions of these Terms and Conditions with consumer rights arising from universally applicable regulations - statutory regulations shall always be applied in place of the contested provisions of these Terms and Conditions. In particular, the provisions of these Terms and Conditions in relations between the Administrator and a Buyer who is a consumer do not infringe the applicable laws that grant broader protection to consumers.
3. In relation to Buyers who are Consumers, the Administrator informs that:
3.1 Use of the Platform does not imply any obligation to make a deposit or provide other financial guarantees;
3.2 The minimum duration of the consumer's obligations under a Sales Contract shall be the duration of the performance of that contract, i.e. payment and collection of the Products.
4. The Administrator is not obliged to and does not apply the code of good practices referred to in Article 2 point 5 of the Act of 23 August 2007 on Counteracting Unfair Market Practices (Journal of Laws 2017, item 2070, as amended)
5. If one of the provisions of these Terms and Conditions is or becomes invalid, this shall not affect the effectiveness of the remaining provisions. Likewise, if certain provisions of the Terms and Conditions are declared invalid or non-binding in a decision of a court or other authorised body, the remaining provisions shall remain valid (in force), unless the applicable law provides for a different effect. The invalid or ineffective provision shall be replaced by the relevant statutory provision and the parties shall agree on a legally effective substitute regulation, economically as close as possible to the invalid or ineffective regulation.
6. The following Annexes to the Rules of Procedure shall form an integral part thereofe:
6.1 Appendix 1 - BUYER PROTECTION PROGRAMME;
6.2 Appendix 2 - NOTICE OF RIGHT TO WITHDRAW FROM THE ACCOUNT MAINTENANCE AGREEMENT AND MODEL NOTICE OF WITHDRAWAL;
6.3 Appendix 3 - FORM OF WITHDRAWAL FROM THE SALE AGREEMENT;
6.4 Appendix 4 - NOTICE OF RIGHT OF WITHDRAWAL - SWAPIPHONE.COM PRODUCTS.