GENERAL TERMS AND CONDITIONS FOR SWAPS WITH THE S.W.A.P. TOOL
Version 1.0
Last updated on: Monday, August 19, 2019
1. Scope
S.W.A.P. is a tool that is designed to make it easier for customers to swap FREITAG products. Users can offer and search for FREITAG products that they want to trade. To participate, all they need to do is register at least one FREITAG product at freitag.ch and then enable it to be swapped there.
The S.W.A.P. tool connects users with other FREITAG friends who want to swap their FREITAG products. The only part we play in this is to provide the S.W.A.P. tool, which lists the FREITAG products that users are offering to trade. Users coordinate all of the details of a trade (agreeing to swap, transfer agreement, product inspection, etc.), and in particular payments, on their own outside of the S.W.A.P. tool. We expressly do not assist them with any of these activities.
These General Terms and Conditions for Swaps apply to all services and offers that FREITAG lab ag (hereinafter “FREITAG” or “We”) provides through the S.W.A.P. tool and to all associated activities of people who use the tool (hereinafter “Users”). By registering as users of the S.W.A.P. tool, Users accept the General Terms and Conditions for Swaps as they appear below, in their entirety. These General Terms and Conditions for Swaps are exclusively valid for use of the S.W.A.P. tool.
2. Rights and obligations of FREITAG
We do not have an obligation, but we do have a right, to verify the information and material that Users offer, share and make available on the platform.
We reserve the right, in all cases and at our own discretion, to conduct investigations into the use of the S.W.A.P. tool and to take appropriate steps (in particular blocking or deleting specific images and deleting user accounts), without prior notice, against Users who:
- Violate provisions concerning unauthorized behavior and content;
- Violate applicable law;
- Participate in offensive, illegal or other types of behavior that violate the rights of other Users or third parties.
The S.W.A.P. tool and FREITAG services provided through the S.W.A.P. tool may not be available at all times, for various reasons.
We cannot guarantee that the information and content available in or through the S.W.A.P. tool is complete or error-free. We do our best to ensure that only original FREITAG products are offered through the S.W.A.P. tool. However, we cannot guarantee the authenticity of FREITAG products that appear in the S.W.A.P. tool.
3. Rights and obligations of Users
Users can register their FREITAG product and enable them to be traded in the S.W.A.P. tool.
Users agree to only provide personal information that is current, accurate and complete. Users must be at least 18 years old. In addition, Users agree to promptly update all information required to use the S.W.A.P. tool.
By enabling one or more FREITAG products to be swapped, Users agree to allow the information they uploaded (first name, city, images) to be published in the S.W.A.P. tool and on other FREITAG communication channels (newsletter, Facebook, website, etc.).
Users and FREITAG can both revoke permission to swap products at any time. This can be done by disabling the swap option for a product in the user profile.
The S.W.A.P. tool is for private, non-commercial use. Using the S.W.A.P. tool for commercial purposes is prohibited. Commercial purposes are defined, in particular, as swap transactions in which money is transferred in more than the amount paid to buy and ship the original FREITAG product.
Users are solely liable for uploading, transmitting and/or transferring messages, notifications, text, information and other content in or through the S.W.A.P. tool. In particular, Users of the S.W.A.P. tool assure that they will not violate Swiss law and, in particular, that they will not make any user content available through the S.W.A.P. tool that violates third party rights or contains illegal material.
Users are solely responsible for creating backup copies of content that they have offered or stored in the S.W.A.P. tool, including the cost of creating such backup copies.
4. Intellectual and industrial copyrights
The S.W.A.P. tool belongs to FREITAG, which claims all rights to the tool. In particular, the S.W.A.P. tool contains content and technologies that belong to FREITAG, and may be protected by industrial copyrights and intellectual property rights. Users recognize that, apart from the limited rights of use granted by these General Terms and Conditions for Swaps, all rights and claims to the S.W.A.P. tool and the content made available by FREITAG in the tool remain with FREITAG or any third parties.
5. Data protection
We comply with applicable data protection provisions when we collect, store and use personal data.
Your email address will not be published, but you can be contacted by other Users via the S.W.A.P. tool. As soon as you respond to an email with a swap request, the User who sent the request will be able to see your email address.
6. Liability
In general, and to the extent permitted by law, we do not accept any liability for losses that occur in connection with the use of the S.W.A.P. tool. Users agree to indemnify FREITAG, its affiliates and their respective board members, managers, representatives, shareholders and employees against all claims, costs and expenses, including legal costs, associated with the use of the S.W.A.P. tool and behavior toward other Users.
FREITAG is expressly not liability for loss of user data, misuse of the S.W.A.P. tool and the online or offline behavior of other Users. In addition, FREITAG does not accept any liability for information/products made available by Users. FREITAG does not accept any liability for the products offered. Users are solely responsible for these. FREITAG merely operates the platform, and the transactions handled there are made exclusively between individual Users.
7. Termination and changes
The contractual relationship between FREITAG and the User can be terminated at the discretion of either party at any time with immediate effect. Termination is considered to have taken place when one of the parties disables the User’s profile.
FREITAG reserves the right to change these General Terms and Conditions for Swaps at any time. Changes will be made available on FREITAG’s website and enter into force upon publication.
8. Applicable law and place of jurisdiction
Swiss law exclusively applies to these General Terms and Conditions for Swaps and any disputes arising from or in connection with the relationship between FREITAG and Users, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods.
The location of the headquarters of FREITAG is the exclusive place of jurisdiction for disputes between FREITAG and Users.
ANY QUESTIONS?
Get in touch with us here if you still have questions, if you want to report a profile or if you have anything else important you want to tell us: swap@freitag.ch
READY TO S.W.A.P?
Can you live with our terms and conditions? Then start the swap process here.