This page (together with the documents referred to on it) tells you the terms of use
as a guest or a registered user. Please read these terms of use carefully before you
start to use the site. By using our site, you indicate that you accept these terms of
use and that you agree to abide by them. If you do not agree to these terms of use,
please refrain from using our site.
You may not use our site and services if you are under the age of 18 or you are not
able to form legally binding contracts (unless authorised by some person who is over
18 and is classed as the member for the purposes of these terms and conditions) or
if your membership is suspended or has been terminated.
We will commence supplying the membership services to you as soon as you accept
these terms. Unless you and we agree otherwise, you will not be able to cancel this
Agreement under the Consumer Protection (Distance Selling) Regulations 2000 (or
any equivalent legislation in your jurisdiction) once the supply of the services has
commenced.
INFORMATION ABOUT US
Swapstick.com is a site operated by Swapstick Limited ("We"). We are registered in
England and Wales under company number 07719868 and have our registered office
at 81 Melton Road West Bridgford Nottingham NG2 6EN.
We are a limited company.
Swapstick Limited trading address is 15 Croft Road Edwalton Nottingham NG12 4BW.
Any correspondence related to the site should be sent to this address.
Telephone enquiries: 05601 277166 (Monday to Friday - 10am to 5pm)
We do not accept correspondence by email.
Please fill in this web form for Enquiries.
We will respond to all email enquiries within 48 hours of receipt.
ACCESSING OUR SITE
Access to our site is permitted on a temporary basis, and we reserve the right to
withdraw or amend the service we provide on our site without notice (see below). We
will not be liable if for any reason our site is unavailable at any time or for any period.
From time to time, we may restrict access to some parts of our site, or our entire site,
to users who have registered with us.
If you choose, or you are provided with, a user identification code, password or any
other piece of information as part of our security procedures, you must treat such
information as confidential, and you must not disclose it to any third party. We have
the right to disable any user identification code or password, whether chosen by you
or allocated by us, at any time, if in our opinion you have failed to comply with any of
the provisions of these terms of use.
You are responsible for making all arrangements necessary for you to have access
to our site. You are also responsible for ensuring that all persons who access our
site through your internet connection are aware of these terms, and that they comply
with them.
MEMBERSHIP
You acknowledge that we reserve the right to charge for the services and to
change any applicable fees from time to time at our discretion. If we terminate
your membership or use of any of the services because you have breached the
Agreement or other applicable terms and conditions you shall not be entitled to a
refund of any unused portion of subscription or registration fees.
To exchange swap requests with other
members you do need to join as a full member. A full member has
unlimited swap requests for the period of their membership. Swapstick offers two
options for full
membership.
Option 1 - Membership
costs just 99p per month (charged bi-monthly in advance). This enables members to join and
complete as many swaps as they can. If they don't want to renew membership for a period of time, they can suspend their membership
and then renew again at a later date when more swaps are
available.
If a member does not want
to renew their membership, all we ask is that you
give us 1 month's notice in writing using one of the feedback
links on the site. This enables us to ensure any future payments are
cancelled.
Option 2
- is the annual membership option at
£7.99 (the equivalent of just 66p per
month).
You agree to pay the subscription or registration fees and any other charges that
we have notified you of and you have agreed, incurred in connection with your
screen name and password for a Website and/or a service (including any applicable
taxes) at the rates in effect when the charges were incurred. If your subscription
or registration includes access to areas containing premium content or services,
your access to such areas may be subject to additional fees, terms and conditions,
which will be separately disclosed in such areas. Subscription or registration fees
will be charged at the beginning of your subscription or registration. Thereafter
your subscription will renew automatically on a monthly, quarterly or yearly basis
dependant on the subscription period you have selected and your account will
be automatically charged for the renewed period. We will bill all charges
automatically to your credit card, debit card or your nominated account by direct
debit. Unless we state in writing otherwise, all fees and charges are non-refundable.
We may change the fees and charges then in effect, or add new fees or charges, by
giving you notice in advance.
You may cancel your membership at any time subject to giving 1 months notice in writing and your membership will cease at the end of your current subscription period. In the event that your membership has more than 1 month left to run at the time notice is given, your membership will continue until the end of the original subscription period. No part refunds are given.
Unless otherwise stated all fees shown are in Pounds Sterling and Euros and include
VAT and any other applicable taxes.
You are responsible for all fees incurred to access a service or otherwise by anyone
using your email address and password. You are responsible for any fees or charges
incurred to access a service through an Internet access provider or other third-party service.
Without limiting other remedies, we may issue you with warnings, limit, suspend,
or terminate our service and subscription, restrict or prohibit access to, and your
activities on, our site (including, without limitation, removing listings), delay or remove
hosted content, remove any special status associated with the account, and take
technical and legal steps to keep you off our sites if:
we think that you are creating problems (including, without limitation, by
harassing our staff or other users or by making unreasonable legal threats
against us), or exposing us or another user of the site to financial loss or legal
liabilities;
•
we think that you are infringing the rights of third parties (including, without
limitation, intellectual property rights of third parties);
•
we think that you are acting inconsistently with the letter or spirit of this
Agreement or our policies (including, without limitation, policies related to
feedback manipulation, circumventing temporary or permanent suspensions
or users who we believe are harassing our employees or other users);
•
despite our reasonable endeavours, we are unable to verify or authenticate
any information you provide to us;
•
you receive poor feedback from other users.
•
Additionally, we may, in appropriate circumstances and at our discretion, suspend
or terminate accounts of users who may be repeat infringers of intellectual property
rights of third parties.
You agree not to hold us responsible for any loss you may incur as a result of taking
any of the actions described above.
INTELLECTUAL PROPERTY RIGHTS
You may print off one copy, and may download extracts, of any page(s) from our
site for your personal reference and you may draw the attention of others within your
organisation to material posted on our site.
You must not modify the paper or digital copies of any materials you have printed
off or downloaded in any way, and you must not use any illustrations, photographs,
video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of material on our
site must always be acknowledged.
You must not use any part of the materials on our site for commercial purposes
without obtaining a licence to do so from us or our licensors.
If you print off, copy or download any part of our site in breach of these terms of use,
your right to use our site will cease immediately and you must, at our option, return or
destroy any copies of the materials you have made.
When you give us content, you grant us a non-exclusive, worldwide perpetual,
irrevocable royalty free right to exercise any and all copyright, publicity, trade marks,
database rights and intellectual property rights you have in the content, in any media
known now or in the future. In addition, you waive all moral rights you have in the
content to the fullest extent permitted by law. You grant us the right to sublicence all
such intellectual property rights.
RELIANCE ON INFORMATION POSTED
Commentary and other materials posted on our site are not intended to amount to
advice on which reliance should be placed. We therefore disclaim all liability and
responsibility arising from any reliance placed on such materials by any visitor to our
site, or by anyone who may be informed of any of its contents.
We cannot and do not confirm, and are not responsible for ensuring, the accuracy or
truthfulness of users' purported identities or the validity of the information which they
provide to us or post on our sites.
OUR SITE CHANGES REGULARLY
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 material on our site may be out of date at any given time, and we are under no
obligation to update such material.
OUR LIABILITY
The material displayed on our site is provided without any guarantees, conditions or
warranties as to its accuracy. To the extent permitted by law, we, other members of
our group of companies and third parties connected to us hereby expressly exclude:
All conditions, warranties and other terms which might otherwise be implied by
statute, common law or the law of equity.
Any liability for any direct, indirect or consequential loss or damage incurred by
any user in connection with our site or in connection with the use, inability
to use, or results of the use of our site, any websites linked to it and any
materials posted on it, including, without limitation any liability for:
loss of income or revenue;
loss of business;
loss of profits or contracts;
loss of anticipated savings;
loss of data;
loss of goodwill;
wasted management or office time;
and for any other loss or damage of any kind, however arising and whether
caused by tort (including negligence), breach of contract or otherwise, even if
foreseeable, provided that this condition shall not prevent claims for loss of or
damage to your tangible property or any other claims for direct financial loss
that are not excluded by any of the categories set out above.
We cannot guarantee continuous or secure access to our services, and operation of
our sites may be interfered with by numerous factors outside of our control. While we
will use our reasonable endeavours to maintain an uninterrupted service, we cannot
guarantee this and we do not give any promises or warranties (whether express or
implied) about the availability of our services
This does not affect our liability for death or personal injury arising f rom our
negligence, nor our liability for fraudulent misrepresentation or misrepresentation as
to a fundamental matter, nor any other liability which cannot be excluded or limited
under applicable law.
INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE
We process information about you in accordance with our Privacy policy. By using our site,
you consent to such processing and you warrant that all data provided by you is accurate.
TRANSACTIONS CONCLUDED THROUGH OUR SITE
You will not hold us responsible for any loss you may incur as a result of us
suspending or terminating your membership of the site nor for other user’s actions
or inactions, including, without limitation, things they post, items they list or their
destruction of allegedly fake items. Our site is a venue to allow anyone to offer, sell,
buy, and swap items in a variety of pricing formats and locations such as fixed price
formats, auction style formats and exchange/swapping formats.
You accept sole responsibility for the legality of your actions under laws applying to
you and the legality of any items you list on our sites. You will keep us indemnified
against any losses or costs incurred by us in relation to any comments made, items
listed on or through our site.
UPLOADING MATERIAL TO OUR SITE
Whenever you make use of a feature that allows you to upload material to our site,
or to make contact with other users of our site, you must comply with the content
standards set out in our Content Standards. You warrant that any such contribution
does comply with those standards, and you indemnify us for any breach of that warranty.
Any material you upload to our site will be considered non-confidential and non-
proprietary, and we have the right to use, copy, distribute and disclose to third parties
any such material for any purpose. We also have the right to disclose your identity
to any third party who is claiming that any material posted or uploaded by you to
our site constitutes a violation of their intellectual property rights, or of their right to
privacy.
We will not be responsible, or liable to any third party, for the content or accuracy of
any materials posted by you or any other user of our site.
We have the right to remove any material or posting you make on our site if, in our
opinion, such material does not comply with the content standards set out in our
Content Standards.
VIRUSES, HACKING AND OTHER OFFENCES
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic
bombs or other material which is malicious or technologically harmful. You must not
attempt to gain unauthorised access to our site, the server on which our site is stored
or any server, computer or database connected to our site. You must not attack our
site via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you would commit a criminal offence under the
Computer Misuse Act 1990. We will report any such breach to the relevant law
enforcement authorities and we will co-operate with those authorities by disclosing
your identity to them. In the event of such a breach, your right to use our site will
cease immediately.
We will not be liable for any loss or damage c aused by a distributed denial-of-service
attack, viruses or other technologically harmful material that may infect your
computer equipment, computer programs, data or other proprietary material due to
your use of our site or to your downloading of any material posted on it, or on any
website linked to it.
LINKING TO OUR SITE
You may link to our home page, provided you do so in a way that is fair and legal and
does not damage our reputation or take advantage of it, but you must not establish a
link in such a way as to suggest any form of association, approval or endorsement on
our part where none exists.
You must not establish a link from any website that is not owned by you.
Our site must not be framed on any other site, nor may you create a link to any
part of our site other than the home page. We reserve the right to withdraw linking
permission without notice. The website from which you are linking must comply in all
respects with the content standards set out in our Acceptable Use Policy.
If you wish to make any use of material on our site other than that set out above,
please address your request to FEEDBACK.
LINKS FROM OUR SITE
Where our site contains links to other sites and resources provided by third parties,
these links are provided for your information only. We have no control over the
contents of those sites or resources, and accept no responsibility for them or for any
loss or damage that may arise from your use of them.
JURISDICTION AND APPLICABLE LAW
The English courts will have exclusive jurisdiction over any claim arising from, or
related to, a visit to our site although we retain the right to bring proceedings against
you for breach of these conditions in your country of residence or any other relevant
country.
These terms of use and any dispute or claim arising out of or in connection with them
or their subject matter or formation (including non-contractual disputes or claims)
shall be governed by and construed in accordance with the law of England and Wales.
GENERAL
If any provision of these terms is held to be invalid or unenforceable, such provision
shall be struck out and the remaining provisions shall be enforced.
In our sole discretion, we may transfer our rights and obligations (also known as “assign”)
under these terms in accordance without your prior express consent, provided that we
assign these terms on the same terms or terms that are no less advantageous to you.
Section headings are for reference purposes only and do not limit the scope or extent
of such section.
Our failure to act with respect to a breach by you or others does not waive our right to
act with respect to subsequent or similar breaches. We do not guarantee we will take
action against all breaches of these terms.
We may amend these terms at any time by email or by posting the amended terms
on this site. Except as stated elsewhere, all amended terms shall automatically be
effective 30 days after they are initially posted. These terms may not be otherwise
amended except in writing, hand signed by you and us. For the purposes of this
provision, “in writing” does not include an email message and “hand signed” does not
include an electronic signature.
These terms are the entire agreement between the parties and supersede all prior
understandings and representations of the parties.
ONLINE SHOP TERMS AND CONDITIONS
Your contract for purchases made through the Site is with SwapStick Ltd.
GENERAL
The display of items for sale on this Site is only an invitation to treat. No
contract for the sale of any product will subsist between you and SwapStick Ltd
until the goods have been dispatched. If you have placed your order online our
confirmation email will amount to an acceptance by SwapStick Ltd of your offer to
buy the goods.
RESPONSIBILITIES
You must
have a unique email address to place orders online. It is your
responsibility to ensure you are able to receive emails from
SwapStick.com. If you are an existing SwapStick.com member we will use
the email address in your profile to contact you. Non members will be
asked to supply an email address for correspondence. You agree that
e-mail can be used as a means of communication
LIABILITY
SwapStick Ltd does not accept liability for any errors and omissions and
reserve the right to change information, prices, specifications and descriptions
of listed goods, products and services.
SwapStick Ltd will do its best to correct errors and omissions as quickly
as practicable after being notified of them.
PRICING
Unless otherwise stated all prices shown are in Pounds Sterling and Euros and
include VAT and any other applicable taxes.
If an error is discovered in the price of the goods that you have ordered, we
will inform you as soon as possible. If the error is discovered prior to your
receipt of a confirmation email, we will cancel and refund your order.
SHIPPING AND HANDLING
All orders
are subject to a Shipping and Handling
charge. This charge varies depending on the destination. In some
instances we will waive delivery charges within the UK. The shipping and
handling fee will be shown to you before you enter your payment details.
Please
note that when shipping products internationally, you should be aware
that
cross-border shipments are subject to opening and inspection by customs
authorities.
The Delivery period stated within which you will receive your order is
approximate. Please ensure the address you provide for delivery is correct and
complete to avoid unnecessary delays. We ask that you allow up to 28 days for
standard shipping.
We use a number of third party delivery agents to ensure you receive your
goods as soon as possible. Any losses after your goods have left our warehouse
must be reported to us. Cheques take up to 10 days to clear so please allow
extra time for delivery when paying by cheque.
PLACING AN ORDER
We are only able to accept orders from people aged 18 or over. If you are
under 18 please ask your parent or guardian to place your order.
Every purchase you make from SwapStick Ltd shall be deemed as being
performed under English law and subject to the jurisdiction of the courts of
England & Wales.
You undertake that all details provided to us for the purpose of ordering are
correct, that the credit/debit card you are using is your own and that there are
sufficient funds to cover the cost of the goods or services.
To ensure that your credit/debit card is not being used without your consent,
we will validate name, address and other personal information supplied by you
against third party databases, who may keep a record of that information. We
shall be entitled to process your data in accordance with the terms of our
Privacy Policy and will treat all information securely and in accordance with
the Data Protection Act 1998.
REFUND AND RETURNS POLICY
Under the Distance Selling Regulations you have the right to cancel your
order and claim a full refund at any time after you place your order and up to
seven working days after you receive the goods. If you wish to do this please
contact us in writing. You may also use email. We will make the refund as soon
as possible and in any event within 30 days. Your obligation after delivery and
in the period up to the point of cancellation is to keep possession of the goods
and take reasonable care of the goods.
After you have cancelled you have a duty to restore the goods to us at your
own expense, if you fail to return goods you will be liable for any charges
incurred in relation to attempts to collect the goods. If you exercise your
right to cancel your order before we dispatch the goods, we will refund the
total price of the goods, including any delivery charges.
Defective, Misdescribed, Incorrectly Sent. In the unlikely event that you
receive goods which were not what you ordered or which are damaged or defective, SwapStick Ltd will endeavor to replace or repair, or refund to you the amount
you paid for the goods in question. Please be aware that we check every single return, if we find that a
returned item is not found to be faulty we will return the item to you and you
will be liable for the postage.
MISCELLANEOUS
If for any reason we cannot fulfill your order we will contact you to give
you the choice of cancelling your order, amending it, or waiting for the items
you ordered to come into stock as appropriate.
We shall have no liability to you for delay in the delivery of goods ordered
if the delay is due to any event outside our reasonable control, including but
not limited to acts of God, war, flood, fire, labour disputes and strikes.
When do these Terms and Conditions Apply?
These Terms and Conditions apply to all orders placed on this web site.
These Terms are subject to the laws and exclusive jurisdiction of England
& Wales.
Further Assistance
If you have questions concerning these terms and conditions please Contact
Us. Alternatively you may wish to enquire of your local trading standards office
or Citizens Advice Bureau. The main consumer protection legislation governing
this contract are the Consumer Protection (Distance Selling) Regulations 2000
and the UnfairTerms in Consumer Contracts Regulations 1999.
VARIATIONS
We may revise these terms of use at any time by amending this page. You are
expected to check this page from time to time to take notice of any changes we
made, as they are binding on you. Some of the provisions contained in these terms
of use may also be superseded by provisions or notices published elsewhere on our
site.
YOUR CONCERNS
If you have any concerns about material which appears on our site, please contact us via
any of the FEEDBACK links on the site..
Thank you for visiting SwapStick.