S.W.A.P.

S.W.A.P. is a platform designed to facilitate the exchange of FREITAG products. Users can offer and search for FREITAG products for exchange. To participate, the user must register at least one FREITAG product on freitag.ch and activate it for swapping.

The S.W.A.P. platform connects users with other FREITAG lovers who wish to swap FREITAG products. FREITAG lab. ag (hereinafter referred to as «FREITAG» or «We») only provides the S.W.A.P. platform where FREITAG products can be registered for exchange. The entire exchange process (arrangements regarding the exchange, handover, product inspection, etc.) and, in particular, actual payment is the sole responsibility of the individual users involved. Correspondence takes place off the S.W.A.P. platform, and FREITAG expressly plays no part in the process.

These general exchange terms and conditions apply to all FREITAG services and offers on the S.W.A.P. platform, as well as all related user activities. By registering on the S.W.A.P. platform, the user accepts the general terms and conditions of exchange in full and without modification. Use of the S.W.A.P. platform is subject to these general terms and conditions of exchange exclusively.

We are not obliged but are entitled to check information and materials posted, transmitted, or made available on the platform by users.

In all cases, we reserve the right, at our sole discretion, to conduct investigations into the use of the S.W.A.P. platform and to take appropriate measures (in particular, blocking, deletion of individual images, and deletion of user accounts) without prior notice against users who, in particular:

• violate provisions on prohibited conduct and inadmissible content;
• violate applicable law;
• engage in offensive, unlawful behavior or behavior that violates the rights of other users or third parties.

The S.W.A.P. platform and services offered by FREITAG via the S.W.A.P. platform may be temporarily unavailable for various reasons.

FREITAG cannot guarantee that the information and content provided on or via the S.W.A.P. platform is correct. We are also unable to guarantee the authenticity of the FREITAG products shown on the S.W.A.P. platform.

Users can register their FREITAG products and activate them for exchange on the S.W.A.P. platform.

The user undertakes to provide up-to-date, accurate and complete personal data. All users must be at least 18 years old. In addition, the user undertakes to immediately update all information required to use the S.W.A.P. platform.

By activating one or more FREITAG products, the user agrees to the publication of the uploaded information (first name, surname, e-mail address, address, images) on the S.W.A.P. platform and other FREITAG communication channels (e.g., newsletter, Facebook, website).

Permission for swapping can be withdrawn at any time by both the user and FREITAG. The swap activation switch can be changed back to inactive in the respective user profile.

The S.W.A.P. platform is a non-commercial platform for private individuals. Use of the S.W.A.P. platform for commercial purposes is prohibited. Commercial purposes are understood to refer, in particular, to barter transactions involving the flow of money in excess of the original FREITAG product price + postage.

Each user is solely liable for the uploading, transmission, and/or provision of messages, notifications, texts, information, and other content on or via the S.W.A.P. platform. In particular, users of the S.W.A.P. platform solemnly undertake not to violate Swiss law nor to make user content of any kind available via the S.W.A.P. platform that violates the rights of third parties or contains illegal material.

The user is solely responsible, at their own expense, for creating backup copies of the user content that they have uploaded or stored on the S.W.A.P. platform.

The S.W.A.P. platform belongs to FREITAG lab. ag, which possesses all rights to the tool. In particular, the S.W.A.P. platform contains FREITAG-owned content and technologies that may be protected by industrial property rights such as copyrights. The user acknowledges that all rights and claims to the S.W.A.P. platform and the content provided by FREITAG remain with FREITAG or any third-party partners, except for the limited rights of use granted in these General Terms and Conditions of Exchange.

When collecting, storing, and using personal data, we comply with the applicable data protection regulations.

When you reply to an e-mail with an exchange request, your e-mail address becomes visible to the other user.

In general, to the extent permitted by law, we accept no liability for damages arising from or in connection with the use of the S.W.A.P. platform. Users undertake to indemnify FREITAG and its affiliated companies as well as their directors, officers, agents, shareholders, and employees against all claims, costs, and expenses, including legal costs, which arise in connection with the use of the S.W.A.P. platform or conduct towards other users.

FREITAG is explicitly excluded from liability for the loss of user data, for misuse of the S.W.A.P. platform and for the online or offline behavior of other users. In addition, FREITAG assumes no liability for information provided and products offered by users. The users are solely responsible for these. FREITAG merely supplies the platform. All transactions are the sole responsibility of the individual users.

The contractual relationship between FREITAG and the user may be terminated by either party at its own discretion at any time and with immediate effect. Termination is deemed to have taken place when one of the parties deactivates its user profile.

FREITAG reserves the right to change these general terms and conditions for exchange at any time. Changes will be made available on the FREITAG website and come into force when published.

These General Terms and Conditions of Exchange and any disputes arising from or in connection with the relationship between FREITAG and the user shall be governed exclusively by Swiss law, excluding the Vienna Sales Convention.

The exclusive place of jurisdiction for all disputes between FREITAG and the user is the registered office of FREITAG.