Terms and Conditions

Swapsnshop Terms and Conditions

These terms and conditions re effective 15 September 2021

  1. Introduction
    • These are the terms and conditions (the “Terms”) and “Policies” (as defined below) which will apply to your use of the Site (as defined below) and on which we (as defined below) will supply the Service (as defined below) to the person who proposes to use or is using the Service (being “you” (and “your” shall be construed accordingly)). Interpretation of these Terms. In these Terms:       
    • “Site” means the website swapsnshop.ie via desktop, mobile and app usage;
    • “We”, “us” or “our” means Lynchways Limited trading as Swapsnshop. Our registered office is at Sligo, Ireland and we are incorporated in Ireland under company number 699542;
    • “Service” means the provision of the Site and its use, access or browsing by you and arranging a swap, sale, purchase or donation in each case in accordance with these Terms, and for the avoidance of doubt, does not include any swaps to any swappers or payments you must make to any seller or sending any messages on your behalf to any swapper, seller, buyer or donator except as may be required to swap, sell, buy or donate items, or the receipt and notification to you of any messages received from any swapper, seller, buyer or donator;
    • “You” or “your” means any user eg swapper, seller, buyer, donator who visits, accesses or uses the Site.
    • “Policies” means our Privacy and Cookies Policy at https://swapsnshop.ie/privacy-policy/ describing, in relation to Privacy, how we collect, use and share information about you and, in relation to Cookies, how we use cookies within the Site.
  1. Your consent
    • By accessing or using the Site, you confirm that you have read and accept the Terms and any Policy, and are agreeing to comply with the Terms and any Policy. When accessing and using the Site you must comply at all times with these Terms, any Policy and with all applicable laws. If you do not agree with the Terms and any Policy, you may not access or use the Site. You confirm that you will use the Site for your own personal and domestic use and will not use it for any commercial or business purposes.

 

  1. About us
    • The Site is the website https://swapsnshop.ie operated and owned by Lynchways Limited.
    • Our use of any personal data you provide to us will be governed by our Privacy Policy.
  1. Contact
    • Contact from us. In the course of providing you Service and in respect of your use of the Site, we may need to communicate with you via email or the other details that you have submitted to us. You agree to receive emails which are specific to your order and necessary for the normal functioning of the Site, including emails which help inform users about functionality of the Site. You can read more information about this in our Privacy Policy.
    • Contact to us. To learn more about us first look at our Site and online FAQs and support resources. If you have any questions for us, have any concerns about material which appears on the Site or if you believe that content posted on the Site breaches these Terms or is in any other way objectionable please do not hesitate to contact us at admin@swapsnshop.com. By sending us suggestions or other feedback regarding the Site, you agree that we can use and share that feedback for any purpose without payment or obligation. We will use all reasonable effort to respond to complaints received as soon as possible.
  1. Access to and use of the Site
    • In order to use the Site and Service you must
      • be 18 years old or over and have an address in Ireland and
      • must ensure that all information and details (in particular your names, email address, other addresses you provide to us are true, accurate, complete and current, and that you disclose all relevant facts to us whether specifically requested or not and
      • must, in order to use our Service, create an account and be responsible for any and all activity conducted using your account and
      • must promptly contact us if you know or suspect that anyone other than you has accessed your account and
      • agree that you shall be solely liable under, for and in respect of any contract between you and any swapper or seller or purchaser or donator or owner or vendor or author and (without prejudice to the generality of the foregoing) that:
      • you are the legal owner of the item in your possession,
      • we shall have no responsibility whatsoever for any transferred items or payments due from you to any other nor any other responsibility, liability or obligation whatsoever of any nature, howsoever expressed, under any contract; and
      • you are responsible for transferring all items or payments due to any other on the agreed terms and the agreed times specified.
    • You are responsible for making all arrangements necessary for you to have access to the Site. You are also responsible for ensuring that all persons who access the Site through your internet connection, including any minors, are aware of these terms, and that they comply with them.
    • To open an account, you will be asked to enter your full name, username, email address and a password and you will be responsible for all activities occurring under your account and for keeping your password secure. This includes a responsibility to ensure that you do not enter your account information into a phishing website, or any other website purporting to be or offer services for https://swapsnshop.ie.  All information supplied must be accurate, complete, up-to-date, truthful and you will keep that information up-to-date. By providing us with your email address, you consent to our using that email address to contact you related to the Site, including any notices required by law, in lieu of communication by post.
    • You are responsible for all actions taken under your account and you agree only to use or utilise the Site using your own name, email address and password. You must make reasonable efforts to keep your username and password safe and secure and not disclose it to any other person or permit either directly or indirectly any other person to utilise your email address or password. Accounts are non-transferrable, and you may not sell your account to another individual.
    • We reserve the right to terminate your registration without prior notice at our discretion.
    • You agree to notify us immediately if you suspect any unauthorised use of your account or access to your password. We will not be liable for any loss that you may incur as a result of someone else using or accessing your password or account, either with or without your knowledge. You may be held liable for losses incurred by us or any other party as a result of someone else using or accessing your password or account if you have not taken reasonable steps to keep your password or account secure.
    • You may not enter a name or email address that:
      • Contains “swapsnshop” or otherwise misrepresents your relationship with swapsnshop.ie or any other party,
      • Contains any profanity, is vulgar or offensive, or promotes an illegal activity,
      • Violates any trade mark or other proprietary right,
      • Misleadingly duplicates an account for the same individual (s) and/or
      • Misleadingly impersonates someone else.
    • You may not use our Site (nor allow another party to):
      • in any way that breaches any applicable local, national or international law or regulation
      • in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect,
      • to send, knowingly receive, upload, download, copy, use or re-use any material which may be viewed as not being in the spirit of our Site,
      • to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation,
      • to knowingly transmit any data, spam, send or upload any material that contains viruses, trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware
      • to create user accounts by automated means, or if previously suspended or banned or under false or fraudulent pretences or create multiple log ins,
      • to impersonate or deceive any person or entity,
      • to misrepresent the condition or availability of an item
      • to swap, sell or donate any counterfeit, fake or dangerous items or any items that may infringe the rights of another person or any animals or living creatures,
      • to supply any false or misleading information to us or to other users,
      • to post or use any material that is illegal, defamatory, discriminatory, racist, sexist, false, misleading, pornographic, harassing, obscene, seditious, indecent, offensive, incite a crime, be naming or scandalous or inappropriate;
      • to attempt to gain unauthorised access, remove, reformat, modify, adapt, translate, retrieve or reverse engineer any portion of the web pages, data or information that are part of the Site and/or
      • to use any device, software or routine that interferes with or overloads the proper working of the Site.
    • We reserve the absolute right at our sole discretion, without being obliged to give any reason, to reject, amend or remove any content posted or submitted by you at any time and without notice to you. We reserve the right to monitor and to review all content submitted to us, accessed on or published on the Site at any time.
    • You understand that we cannot guarantee the identity of any other users with whom you may interact in the course of using the Site. Additionally, we cannot guarantee the authenticity of any data which users may provide about themselves or relationships they may describe.
    • Your interactions with other users, including swapping, receiving, payment and delivery of items, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the other user. We accept no responsibility for transactions that take place on the Site. While we reserve the right to monitor or to intervene in disputes between you and other users, we have no obligation to do so. As with any web-based interaction, we suggest that you use caution and good judgment. If there is a dispute between you and any third party (including any advertiser), we are under no obligation to become involved. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the Site.
    • As part of the Service when users are involved in a transaction, information about you such as your names, email address, numbers or postal information may be exchanged between users for the purpose of making a swap, sale, purchase or donation. We cannot guarantee that other users will respect the privacy or security of your information and therefore we encourage you to evaluate the privacy and security policies of your trading partners before entering into transactions and choosing to share your information with them. Similarly, we ask you to respect other users’ privacy and disclose your privacy and security policies to them. In all cases, you must comply with data protection laws and give other users a chance to remove themselves from your database and a chance to review the information you have collected about them.
    • Access to the Site is permitted on a temporary basis, and we reserve the right to at any time and without liability to withdraw, suspend or amend any aspect or feature of the Site without notice or liability.
  1. Advertising
    • You must provide accurate, current and complete information on each item advertised and to promptly update the information that you provide when it changes. Advertisements containing illegal, defamatory, obscene, indecent or otherwise offending material are not allowed on the Site. Duplicate advertisements are also prohibited.
    • You are solely responsible for any content and your advertisements that you submit, publish or display on the Site or transmit to other Site users. You understand that all information publicly posted or privately transmitted through the Site is the sole responsibility of the person from which such content originated and that we will not be liable for any errors or omissions in any content or as a result of any user’s use of the Site.
    • It is up to the swapper, seller or donator to provide information and images of the item. The swapper, seller or donator (and not us) is responsible for all information, images about an item listing, and for all typographical errors, inaccuracies or omissions relating to the item listing, condition, price, description or availability. We are not responsible for advertisements and do not accept liability for advertisements. Any inappropriate advertisements will be removed from the Site and no refund will be given.
    • Create one advertisement per item to ensure the best chance of matching your swap and the best browsing experience for all users in searching for items. This will make it easier for the advertisement to be removed when the item is swapped, sold or donated. Each item has one advertisement so there are no duplicate advertisements for the same one item.
    • Generally advertisements will be automatically withdrawn after 90 days of inactivity, remaining unordered or after the related item having been swapped, bought, sold or donated. After this period you will be required to resubmit your advertisement.
    • SwapsnShop reserves the right to allow a giver to re-advertise an item which, though ordered, remains uncollected after 4 weeks from the order date.
  1. Contract
    • To complete the swap of an item through the Site, a separate contract will be created between the giver and receiver. We are not responsible for and have no liability under, for or in respect of that separate contract. Users should be aware that they are entering into a contract with a private giver or receiver on the Site who is not acting for purposes related to their trade, business or profession. The receiver must give their swap item in advance of receiving an item from a giver (except for “Mini” and “Bronze” Item Category Rated items) and the receiver must arrange and pay to receive the described item from the giver.
    • To complete the sale of an item through the Site, a separate contract will be created between the buyer and a seller. We are not responsible for and have no liability under, for or in respect of that separate contract. Users should be aware that they are entering into a contract with a private buyer or seller on the Site who is not acting for purposes related to their trade, business or profession. The buyer must pay the purchase price and the buyer must arrange and pay to receive the described item from the seller.
    • To complete the receipt of an item donated through the Site, a separate contract will be created between the giver and receiver. We are not responsible for and have no liability under, for or in respect of that separate contract. Users should be aware that they are entering into a contract with a private giver or receiver on the Site who is not acting for purposes related to their trade, business or profession. The receiver must arrange to receive the described item from the giver.
    • Item listings on the Site are not legally binding offers from us. You acknowledge that our role is limited only to acting as a facilitator between users in respect of any items that users swap, sell, buy or donate through the Site. We only provide the platform for users to connect users with each other. Although we may facilitate movement of an item, at no time do we do act as a swapper, seller or reseller or donator for any item, become the owner of any item, or become a party to the contract between users.
  1. Rules for swapping, selling, buying or donating items on the service
    • The applicable membership fee must be paid in advance of ordering or receiving an item and accessing chat / messaging other users.
    • Users can swap, sell, buy or donate items on the service. Users must elect, in advance, to either swap, sell, or donate for each item offered.
    • Each receiver is responsible for the organisation of delivery and payment for any delivery cost of the item to them that they have ordered or organises the delivery directly with the giver.
    • Users are responsible themselves to ensure an item’s quality, availability, existence and suitability in advance of ordering by any means necessary eg meeting physically with their providers availing of the chat / messaging functionality on the Site. Users agree we are not responsible for an item’s quality, availability, existence and suitability.
    • An allocated swap credit, the amount of which is determined by the Item Category Rating chosen by the user (documented below), is issued to each giver for each item elected to swap. This swap credit entitles the giver to redeem the swap credit to order an item in return as a swap. This swap credit, in turn, is forfeit upon ordering an item to swap.
    • One advertisement is to be created per item to ensure the best chance of matching your swap and the best browsing experience for all users in searching for items. This will make it easier for the advertisement to be removed when the item is swapped, sold or donated.
    • Users are not to give their item to any receiver until the giver receives the “Customer Order Complete” notification email from SwapsnShop that your order is ‘completed’ with the order and receiver details of your item.
    • Swap:
      • Users can swap an item, either by direct swap of one giver to one receiver or by indirect swap of multiple givers to multiple receivers. In the direct swap, both the giver and receiver can satisfy each other’s needs directly allowing a swap to be organised at the same time. In the indirect swap, it is flexible appreciating that one giver and one receiver may not be able to meet each other’s needs directly together or at the same time; instead more than one giver and receiver maybe required to meet all user’s needs and there maybe a delay in matching needs based on an item’s availability at any given moment. The giver agrees, accepts and acknowledges:
        • The giver holds full responsibility for giving an item to another receiver in return for allocated swap credits for which ordering, at that time, of their chosen swap item may not be possible due to lack of availability.
        • The giver agrees to releasing their item to another user in return for allocated swap credits to their account, which can be used by them to order their desired item in the future.
        • The giver will not hold us responsible for the passage of time or lack of availability of items on the site to replace their item given.
        • The giver agrees and accepts that the allocated swap credits received in return for their item offered (entitling the giver to receive a swap item in the future) satisfies the full and only responsibility we have to the giver and we are not obliged to replace or otherwise any items given for which a swap could not be organised in time or at all for whatever reason.
        • Once a user receives an item they have ordered in a swap, their own item is still to be available for any user to order it (as they now have their swap item in lieu).
        • When swapping, a receiver must not receive an item without giving an item in return. If the receiver of a swap item does not give a swap item in return, we reserve the right to terminate the receiver’s registration without prior notice at our discretion.
        • For lower value items, being “Mini” and “Bronze” Item Category Ratings, one can use your swap credits straight away to order an equivalent “Mini” and “Bronze” item without having given an item in advance. At the delivery stage, one does not need to give your item before receiving an item – this will allow swaps to process more quickly. All other steps from uploading to ordering to notification from SwapsnShop remain the same. If you give your item before receiving an item, you have your swap credit to order in due course and if you get an item before giving your item users will expect to receive your uploaded item from you in due course also to leave a positive Seller Review. For the security of all users, one has to give an item after receiving up to a max of 3 items this way.
        • To assist security for your more valuable rated items (being “Silver” and above), another customer must order your offered item to allow you, in turn, receive back the item you have ordered to match a swap: For “Silver” up to “Platinum+” Item Category Rated items, if the item you are offering is not ordered, you can not receive a swap item back. You determine the 1) ‘Item Category Rating’ and the 2) ‘Item Quality Rating’ of your item offered which ultimately can be tested by whether another customer places an order for your item or not. Note: if your ‘Item Category Rating’ is too high for your item, it may not get ordered by another customer thus preventing your swap occurring. So choosing a realistic ‘Item Category Rating’ and ‘Item Quality Rating’ for your swap item is important to receive an order for your item.
      • When swapping, for all items other than “Mini” or “Bronze” Item Category Rated items, no receiver can take physical receipt or delivery of an item until after:
        • the item that they are giving is formally ordered by the receiver of their item and
        • their own item has physically been released or delivered from them onwards to that receiver.
      • When swapping, for “Mini” and “Bronze” Item Category Rated items, a receiver can take physical receipt or delivery of an item before:
        • the item that they are giving is formally ordered by the receiver of their item and
        • before their own item has physically been released or delivered from them onwards to that receiver.
      • To limit the time taken for all orders be matched between users and to ensure your swap order is approved, it’s for your benefit and all users benefit that you order only 1 item from the same ‘Item Category Rating’ as your uploaded item and only 1 item per order eg:
        • if your uploaded swap item is “Mini” ‘Item Category Rating’, you can only order a “Mini” swap item in return,
        • if your uploaded swap item is “Bronze” ‘Item Category Rating’, you can only order a “Bronze” swap item in return,
        • if your uploaded swap item is “Silver” ‘Item Category Rating’, you can only order a “Silver” swap item in return,
        • if your uploaded swap item is “Silver+” ‘Item Category Rating’, you can only order a “Silver+” swap item in return,
        • if your uploaded swap item is “Gold” ‘Item Category Rating’, you can only order a “Gold” swap item in return,
        • if your uploaded swap item is “Platinum” ‘Item Category Rating’, you can only order a “Platinum” swap item in return,
        • if your uploaded swap item is “Platinum+” ‘Item Category Rating’, you can only order a “Platinum+” swap item in return.
      • When swapping, users can communicate with each other to determine if an item meets their needs and preferences in terms of it’s quality, availability, existence and suitability.
    • Sell:
      • Users elect to sell an item to buyers and this sale will not qualify to receive a swap credit.
    • Buy:
      • Users elect to buy an item from sellers.
    • Donate:
      • Users elect to donate an item to receivers and this donation will not qualify to receive a swap credit.
    • Item Category Rating
      • The Item Category Rating is determined by the user giving the item.
      • Item Category Ratings are as follows:
        • ‘Platinum+ (P+)’: items greater than €1,600 of estimate value range, user to specify credit amount
        • ‘Platinum (P)’: items between €800 and €1,600 of estimate value range, associated credit = 1,600
        • ‘Gold (G)’: items between €400 and €800 of estimate value range, associated credit = 800
        • ‘Silver+ (S+)’: items between €200 and €400 of estimate value range, associated credit = 400
        • ‘Silver (S)’: items between €100 and €200 of estimate value range, associated credit = 200
        • ‘Bronze (B)’: items between €50 and €100 of estimate value range, associated credit = 100
        • ‘Mini (M)’: items less than €50 of estimate value range, associated credit = 50.
      • Item Quality Rating
        • The Item Category Rating is determined by the user giving the item
        • Item Category Ratings are as follows:
          • ‘New’ – in original packaging and never opened nor used.
          • ‘Never used’ – in original packaging and opened but unused.
          • ‘Used A’ – used & excellent working condition– ‘excellent’ means: Item works perfectly. A well-cared-for item that has seen limited use but remains in excellent condition. The item is complete, unmarked, and undamaged, and shows no signs of wear.
          • ‘Used B’ – used & very good working condition – ‘very good’ means: Item works perfectly. A well-cared-for item that has seen limited use but remains in great condition. The item is complete, unmarked, and undamaged, but may show some limited signs of wear.
          • ‘Used C’ – used & good working condition – ‘good’ means: Item works perfectly. The item shows wear from consistent use, but it remains in good condition. It may be marked, have identifying markings on it, or show other signs of previous use.
          • ‘Used D’ – used & fair working condition – ‘fair’ means: Item works perfectly. The item is fairly worn. Signs of wear can include aesthetic issues such as scratches, dents, and worn corners. The item may have identifying markings on it or show other signs of previous use.
  1. Fees
    • Membership Fee
      • An applicable membership fee (“Fee”) will be charged by us in order to swap or buy items or receive donated items. Using the service to swap, buy or receive donated items is contingent upon payment of such applicable membership fee. By accepting these Terms and consenting to a swap, buy or to receive donated items you shall be deemed to have accepted the membership fee in respect of such swap, buy or receiving donated items.
      • Membership entitles a user to order or receive an item and access chat / message other users.
      • Subject to your compliance with these Terms, the membership for the Service will continue until expiration of the membership term, the specified number of successful allowed orders has been made or either you or we decide to terminate the membership.
      • You can terminate your membership for the Service at any time by giving us notice through our Site or by using the contact details for us that we provide to you. We will stop the Service as soon as possible but this will not affect swaps, purchases or donations we have already performed for you. If you fail to notify us, we will not know that your circumstances have changed, and we will continue to provide the Service.
      • We shall be entitled to terminate your membership for the Service and terminate your registration (including deletion of your account and your items) at any time without prior notice to you at our discretion if you are in breach of these Terms or in the event that you provide us with false or misleading information in connection with the Service or for non-payment of the Fee or if you use the Service for purposes not permitted hereunder (including (without limitation) those purposes which are expressly prohibited by these Terms. In such circumstances, you will not be entitled to any refund.
      • We may also terminate or suspend your membership for any technical or legal reasons where we are prevented from delivering the Service.
    • Sales Commission
      • For sale items, a commission of 10% of sale price (and standard 3rd party processing fees) are charged by us to the seller per transaction but no membership fees are charged. For sale items we deduct the commission from sale proceeds and passes the remaining funds to the seller of the item. By accepting these Terms and consenting to a sale you shall be deemed to have accepted the commission in respect of such sale.
    • Donations
      • Donators are not charged commissions nor membership fees for donating item for free to the community, but the membership fee is applicable if the donator seeks to receive any items themselves from the service.
    • Buyers
      • The membership fee is applicable for buyers if the buyer seeks to receive any items from the service.
      • Buyers must pay the item price listed on the site.
  1. Complaints and Refunds
    • We always aim to provide you with the best service possible. However, if you wish to make a complaint or have other queries relating to the Service, please contact us by email to: admin@swapsnshop.com.
    • If your complaint is regarding a swapper, buyer, seller or donator as part of the Service, then you should address your complaint directly to that swapper, buyer, seller or donator.
    • Seller reviews can be left on the site to acknowledge the quality given from one customer to another customer.
    • As the site is a private community between users, there is no legal requirement for any user to provide a refund to another user. Any remedy is a responsibility between the giver and the receiver, neither of whom is obliged to offer a refund. Receivers should address all queries, requests and complaints about an item directly to the giver in advance and after receipt of an item.
    • The receiver is at liberty to seek any remedy possible against the giver privately whilst agreeing and acknowledging we are not party and hold no responsibility whatsoever in any aspect of the transaction.
    • Any membership fees or commissions earned by us are non-refundable.
  1. Suspension and Termination
    • We may, in our absolute discretion, immediately cancel, remove or suspend your advertisement, account (including your items) or access to the Site without prior notice (and accordingly terminate your membership) at any time for any reason. You agree that cancellation, withdrawal or suspension by us shall be made in our sole discretion and that we shall not be liable to you nor any third party for any cancellation, withdrawal or suspension.
  1. Intellectual Property
    • Content includes any and all text, images, audio, video, scripts, code, software, databases and any other form of information capable of being stored on a computer that appears on, or forms part of, our Site.
    • We are the owner or licensee of all intellectual property rights in the Site, information and content available on the Site, any database operated by us, any proprietary software utilised by us to enable you to use this Site and the underlying source code. Much of this information and content is protected by copyright, trademark, database rights, design rights designs (including in the “look and feel” and other visual or non-literal elements), and/or other intellectual property rights (whether registered or unregistered). Our logos, together with our trademarks and/or service marks, may not be copied or reproduced without our prior written consent. All rights are reserved. You must not use an automated program (including, without limitation, any web-crawling or screen-scraping software or any equivalent technology or techniques), to access the Site for the purpose of collecting, obtaining and/or accumulating (or other similar activity) data or content in this Site. Any such use of an automated program is prohibited and shall be a breach of these Terms.
    • You may not reproduce, republish, transmit or distribute any material, information or content on the Site without our prior written consent. However, you are granted a limited right to access and use the Site and retrieve, display and print content pages, for your own personal, non-commercial use and to the extent necessary for use of the Site only.
  1. Our Liability
    • The material displayed on our Site is provided without any guarantees, conditions or warranties as to its accuracy, though we try to make it as accurate as possible. Without prejudice to the generality of the foregoing, we do not monitor, verify or endorse data, material and information submitted or provided by third parties (including (without limitation) swappers, buyers, sellers or donators and/or Third Party Partners) and which is used to provide our Service and you should be aware that such information may be inaccurate, incomplete or out of date.
    • To the fullest extent possible, we are not liable to you for any loss or damage (even if we have been forewarned of the possibility of such loss or damage or such loss or damage was otherwise foreseeable), whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection your use of the Site and/or the Service. If, notwithstanding the foregoing provisions of this clause and/or any other provisions of these Terms, we are found to be liable to you for any damage or loss (including (without limitation) through negligence) which arises in any way out of, or is in any way connected with, your use of the Site and/or the Service, our liability (save as prohibited by law) shall in no event exceed €50.
    • Where our Site contains links to other websites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those websites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them.
    • We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer product, computer programs, data or other proprietary material due to your use of our Service and/or the Site or to your downloading of any material posted on our Site, or on any website linked to it.
    • We are not responsible for what swappers, buyers, sellers, donators or other third parties (including (but not limited to) Third Party Partners) do or fail to do. Even if we have helped you swap, buy, sell or donate, we are not responsible for damage or loss you suffer under that independent contract. It is a risk for every customer to pay any costs for an item from another customer that does not transpire.
    • Nothing in these Terms excludes or restricts our liability to the extent such liability cannot be excluded or restricted by law (including in respect of fraud or personal injury or death resulting from negligence).
    • Links to other websites may be included on our Site. Unless expressly stated, these websites are not under our control. Without limiting our ability to provide the Service, we neither assume nor accept responsibility or liability for the content of third party websites. The inclusion of a link to another site on our Site is for information only and does not imply any endorsement of the websites themselves or of those in control of them. Your use of any third party website will be governed by the terms and conditions of use and privacy policy applicable to that website, which will be different from these Terms and our Privacy Policy.
    • In connection with the Service and at your request, we may introduce you to a swapper, buyer, seller or donator. You acknowledge and agree that we are only facilitating the introduction between you and a swapper, buyer, seller or donator. The introduction is based on information which we receive from a swapper, buyer, seller or donator. We accept no responsibility or liability, howsoever arising, in respect of, or in connection with, the accuracy of such information, your reliance on such information or any issues arising from your use of or contact with the swappers, buyers, sellers or donators listed or any goods provided or not provided thereby. We have made every attempt to ensure the accuracy and reliability of the information provided by each swapper, buyer, seller or donator. However, we accept no responsibility or liability for any error or omission arising out of or in connection with any such information or without prejudice to the generality of the foregoing provisions of this disclaimer.
    • We are not responsible or liable for any loss or damage you may suffer or incur in connection with the terms and conditions of use or the privacy policy applying to any third party website or for any acts, omissions, errors or defaults of any third party in connection with those terms and conditions of use and/or privacy policy.
    • You act or refrain from acting on any third party’s views, opinions, advice or assistance at your sole risk and sole discretion and you are solely responsible for any decision to act or refrain from acting on such views, opinions, advice or assistance. We are not responsible or liable for any loss or damage you may suffer or incur in connection with such views, opinions, advice or assistance including in relation to their accuracy, truthfulness or completeness or for any acts, omissions, errors or defaults of any third party in connection with such views, opinions, advice or assistance.
  1. Data, updates and amendments
    • We aim to update our Site regularly and may change the content at any time. If the need arises, we may suspend access to our Site, or close it indefinitely. Any of the materials on our Site may be out of date at any given time, and we are under no obligation to update such material.
    • We reserve the right, from time to time, to change these Terms and any Policy (whether in response to any change in applicable law or regulation or otherwise). The Terms and Policy that are applicable to your use of the Service will be the version that is displayed on our Site at each date you access the Service.
  1. General
    • We reserve the right to suspend or terminate part or all of the Service, including in order to:
      • deal with faults, conduct maintenance or introduce new facilities or services;
      • update the Site and/or our systems; and
      • deal with unforeseen events and incidents beyond our reasonable control, which may include (without limitation) lightning, flood, severe weather, fire, explosion, terrorist activities, or failure of public or private telecommunications networks and any acts of government or other competent authority, or industrial disputes.
    • The membership is personal, and you may not assign or transfer your membership to any person except with our express written consent. We shall be entitled to transfer our rights under these Terms subject to our obligations to any member of our group or to any person acquiring our business and such transfer shall be effective upon notice being given to you.
    • Each provision of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining provisions will remain in full force and effect.
    • If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in relation to you breaching these Terms, that will not mean that you do not have to do these things and it will not prevent us taking steps against you at a later date.
    • These Terms constitute the entire agreement between the parties and supersede all other agreements, statements, letters and other arrangements between the parties in relation to the subject matter hereof. Each party acknowledges that it has not relied on or been induced to enter these Terms by a representation other than those expressly set out in these Terms. This clause 15.5 does not affect a party’s liability in respect of a fraudulent misrepresentation.
    • These Terms and any dispute or claim arising out of or in connection with them or their subject matter, formation, existence, negotiation, validity, termination or enforceability (including non-contractual obligations, disputes or claims) (“Dispute”) shall be governed by and construed in accordance with the laws of Ireland and the parties submit to the exclusive jurisdiction of the courts of Ireland in relation to any Dispute between them.

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SwapsnShop

  • Membership

    €5.00
    One time payment

    Please ensure you have a current membership package to order items and to enable messaging with other customers.

    Once off limited introductory membership offer of €5 for the order of 2 items. Donating or selling is free (ie no membership needed).

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