SWAPD is a direct provider of middleman services and operates as a legally registered business within the European Union. The document herein shall be denoted as the “Transaction Contract.” The involved parties hereby engage SWAPD to act as an escrow agent (middleman) in conjunction with the Transaction, adhering to the terms and conditions outlined in the Checkout Ticket, SWAPD Terms of Use, and any supplementary instructions as subsequently defined. Throughout this contract, we shall collectively refer to SWAPD.co as “SWAPD,” “website,” or “service,” and interchangeably as “we” or “us.” All transactions conducted by the Buyer, Seller, and SWAPD staff on the SWAPD.co platform are subject to the governing regulations of the European Union and Poland.
An individual or entity offering personal property for sale and seeking to utilize SWAPD to facilitate such a sale through this Transaction Contract will be referred to as the “Seller.” An individual or entity wishing to acquire personal property from a Seller by using SWAPD to complete the purchase through this Transaction Contract will be referred to as the “Buyer.” An individual or entity offering to mediate the sale of personal property and intending to utilize the SWAPD.co platform for this purpose will be referred to as “staff,” “SWAPD staff,” or “SWAPD staff member.” A Transaction cannot be completed by a Buyer and Seller without the involvement of a SWAPD staff member, except when explicitly authorized by the staff. If either the Buyer or Seller has any pre-existing relationship, obligation, or duty with another middleman/escrow or a third-party broker, such third party has no rights under or through the Transaction Contract or SWAPD.co. The utilization of the SWAPD.co platform (by the Buyer, Seller, and SWAPD staff member) to facilitate the escrowed transfer of ownership of personal property will be referred to as a “Transaction” and/or “Checkout Ticket.” Buyers, Sellers, and SWAPD staff members may engage in Transactions involving various types of personal property. Both the Buyer and Seller should regularly access the SWAPD.co website to stay updated on the status of the Checkout Ticket. All communications during the Transaction, regardless of their purpose, must be conducted in the English language. It is the responsibility of both the Buyer and Seller to have a sufficient understanding of the English language. Any party requiring translation to or from English for communication-related to this Transaction Contract or the Terms of Use will be responsible for their respective translation costs. The term “Business Day” refers to weekdays, Monday through Friday, between the hours of 9:00 a.m. and 5:00 p.m. Central European Time.
Once the Buyer, Seller, and SWAPD Staff member have unanimously accepted the terms outlined within the Checkout Ticket for a specific underlying Transaction and have collectively agreed to this Transaction Contract and the SWAPD Terms of Service, these instructions will form a legally binding agreement among all involved parties. In the event that it becomes necessary to include additional instructions or make modifications, additions, or deletions to the Transaction Contract, all parties (Buyer, Seller, SWAPD.co) must reach a mutual consensus on such changes within the Checkout Ticket. SWAPD retains the right to decline any Supplemental Instructions and to unilaterally terminate the Transaction at our discretion, without the requirement of providing a specific reason.
Agreement Terms for the Transaction Contract
Statements/Communication - The Buyer and Seller mutually consent that all disclosures and communications related to this Transaction Contract, the Transaction itself, and the provided Service shall be conducted through the Site, unless the parties establish alternative arrangements within the Checkout Ticket.
ID Verification - The Seller commits to undergoing complete identity verification, as elaborated in our Terms of Service. Buyers are not required to undergo ID verification on SWAPD for making purchases. However, please note that specific payment limits are applicable to unverified buyers.
Refund Policy - Both, buyer and seller must agree to our refund policy, prior to starting a checkout ticket.
Fees - SWAPD fees are subtracted from the Seller’s earnings, which are included in the payment remitted by the Buyer. Buyers are not obligated to contribute extra funds to cover SWAPD fees; these fees are deducted from the overall agreed-upon amount between the Buyer and Seller. Unless explicitly arranged otherwise by the Buyer, Seller, and SWAPD Staff member within the Transaction/Checkout Ticket, the Seller consents to forfeiting the fees associated with SWAPD Services, as disclosed in our fee chart at the time the transaction is finalized. Additionally, the Seller is responsible for any other fees, including third-party service fees (e.g., bank wire fees, etc.), deducted from the Seller’s final payout. Please note that SWAPD.co fees are non-refundable unless specific criteria, as outlined in our Terms of Service, are met. SWAPD.co reserves the right to modify its fees at its sole discretion and as deemed necessary.
Taxes and Invoices - Sellers bear sole responsibility for adhering to local/state VAT/TAX regulations pertaining to issuing invoices to buyers for transactions conducted on SWAPD. If there is uncertainty regarding the necessity of issuing a VAT/TAX invoice to a buyer, we recommend consulting a tax advisor. SWAPD is unable to provide legal or tax advice due to liability considerations. Our company is authorized to issue invoices for taxable services we have provided, not for the entire payment amount. For further information regarding taxes and invoices, please click here.
Buyer’s Responsibilities - Within the Checkout Ticket, the Buyer undertakes to specify a payment method in accordance with SWAPD’s payment rules and designate an account from which the purchase price will be sourced for deposit into escrow. Depending on the Transaction’s amount and the chosen currency, the Buyer will remit the requisite funds through methods agreed upon within the Checkout Ticket. In the case of bank wire transfers, the Buyer will initiate the transfer to an account indicated by SWAPD Staff on or before the specified date in the Checkout Ticket. Irrespective of the payment method, the Buyer authorizes SWAPD, Inc./SWAPD.co staff agents to initiate credit or debit transactions, as applicable, to collect the purchase price due for the Transaction and to execute any debit or credit entries or reversals, as necessary, to rectify any payment or transfer errors and fulfill the Buyer’s obligations. SWAPD will deposit the funds received from the Buyer into an escrow account maintained by SWAPD Inc. In instances of last-minute changes of mind by the Buyer, the refunded funds will not encompass merchant fees required to process the funds (e.g., bank fees, etc.). Upon receipt of the purchased property, the Buyer commits to upholding the grace period established within our Terms of Service. The Buyer acknowledges that grace periods may vary for each Transaction, contingent on the amount, type of property, and terms specified within the Checkout Ticket. The Buyer acknowledges that returns are only applicable if the terms detailed in the Transaction particulars within the Checkout Ticket are not met. In the event of a return request (buyer’s remorse) by the Buyer, provided that all terms outlined in the tickets were fulfilled by the Seller, the Buyer assumes responsibility for covering all SWAPD fees associated with the transfer, including money transfer fees, on the condition that the Seller consents to releasing the Buyer from the purchase obligation. The Buyer agrees that items/properties acquired through SWAPD self-hosted auctions are subject to the same regulations delineated in this Transaction Contract, SWAPD Terms of Service, and the terms specified on the auction page.
Seller’s Responsibilities - Within the Checkout Ticket, the Seller commits to designating an account for receiving payment for the Transaction in line with SWAPD’s payment rules. Each Seller authorizes SWAPD and its authorized agents to initiate credit entries to the Seller’s account for the payment of the purchase price (excluding SWAPD and money transfer fees), or any outstanding balance, and to debit the Seller’s account to fulfill the Seller’s obligations. The Seller authorizes SWAPD to retain the Buyer’s funds on their behalf until the Transaction is completed or as stipulated in the Checkout Ticket. In a Transaction, each Seller must deliver the items specified in the Checkout Ticket directly to SWAPD Staff or adhere to the terms and conditions outlined in the Transaction instructions within the Checkout Ticket. The Seller grants permission to SWAPD.co to act as their agent in managing the property detailed in the Checkout Ticket. In the event of the Buyer returning items (due to false/misleading listings), SWAPD will secure the property and return it to the Seller, unless an alternative arrangement is agreed upon within the Checkout Ticket. In cases of returned items/property/services, SWAPD.co will disburse the escrowed funds to the Buyer. If the Seller informs SWAPD of their non-acceptance of any returned items within the Buyer’s grace period, SWAPD.co will retain the funds until the dispute is resolved or take other authorized actions. The Seller acknowledges and accepts that payment transit times may vary upon the successful conclusion of a Transaction and may not be exact, especially for payments made via bank wire transfers. The Seller agrees that items/properties sold through SWAPD self-hosted auctions are subject to the same regulations stipulated in this Transaction Contract, SWAPD Terms of Service, and the terms established on the auction page.
SWAPD Liability - SUBJECT TO APPLICABLE LAW, THE BUYER AND SELLER MUTUALLY ACKNOWLEDGE AND AGREE THAT NEITHER SWAPD.co NOR ITS AFFILIATES SHALL BE HELD LIABLE FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL, ARISING FROM YOUR UTILIZATION OF THE SITE OR THE SERVICES OR YOUR INCAPACITY TO UTILIZE THE SITE OR THE SERVICES. THIS DISCLAIMER ENCOMPASSES ITEMS ACQUIRED THROUGH THE UTILIZATION OF OUR SERVICES, AS DETAILED IN OUR TERMS OF SERVICE. BY PROCEEDING WITH THE CHECKOUT TICKET, BOTH THE BUYER AND SELLER COMMIT TO ADHERING TO SWAPD’S TERMS OF SERVICE, THIS TRANSACTION CONTRACT, AND THE STIPULATED TERMS WITHIN THE TICKET.
The Buyer and Seller acknowledge and concur that SWAPD.co does not endorse any third-party website, nor does it assume responsibility or liability for the accuracy of the content therein, any infringements on third-party intellectual property rights resulting from it, or any instances of fraud or other criminal activities facilitated thereby. Both the Buyer and Seller agree that under no circumstances will SWAPD.co be held accountable for the actions or omissions of any third party, including, but not limited to, financial institutions, payment systems, third-party service providers, telecommunications service providers, internet access providers, computer equipment or software providers, mail or delivery services, or payments, or for any situations beyond the control of SWAPD.co.
Both the Buyer and Seller acknowledge that SWAPD.co retains the right to modify this Transaction Contract, or any portion thereof, at any time and without prior notice, provided that such modifications will not be applicable to a Transaction once the Users involved in that Transaction have consented to the Transaction Contract.