General Terms of use of Swap Party Application

  1. Definitions

    • Account, means the profile of the Registered User on the Application
    • Application means the “Swap Party” Application available for iPhone on the App Store
    • Permitted Goods, means items of clothing and accessories, as identified and described in more detail on the Application and the Platform, the trading of which is permitted, always in compliance with the applicable laws at the time of the Advertisement, and which are not Prohibited Goods;
    • Prohibited Goods, means goods or services whose sale in any form (merely by way of example, weapons, drugs, sexual services, people, human organs, animals and animal organs, goods or services regulated by special laws, goods or services that harm the rights of others or harm human dignity, that instigate violence or illegal activities, that incite racial or sexual intolerance) is prohibited by the law in force at the time of the Advertisement;
    • Commission, means the commission of 9% of the Value of the Permitted Good sold or exchanged which will be paid by the Registered User seller to Swap Party;
    • Swap Party Event means the events and meetings that may be organised by way of the Application by the Registered Users and at which other Registered Users may participate for the purpose of exchanging/selling the Permitted Goods directly in person without finalising the transaction via the Application;
    • Feedback means the feedback that each Registered User who finalises a transaction via the Application may give in relation to that transaction and to the Registered User with whom the transaction was finalised;
    • Personal Information, means the personal data and information collected by Swap Party upon registration of the user and creation of the Account, processed by Swap Party in accordance with Italian Legislative Decree 196/2003 as amended and supplemented and the privacy policy available here;
    • Advertisements, means the advertisements prepared by the Registered User and posted via the Application in order to sell/exchange the Permitted Goods;
    • Prohibited Advertisements, means unlawful advertisements and/or those deemed by Swap Party to be harmful to human dignity, morality and ethics or having racial content and/or those inciting the commission of unlawful acts or containing Prohibited Goods;
    • Platform, means the internet website designed and owned exclusively by Swap Party www.swapparty.com, therein including all software that allows for the operation of that Platform;
    • Reports, are reports made by Registered Users buying/selling Permitted Goods from other Registered Users buying/selling the Permitted Goods, concerning conduct by the latter deemed to be negative;
    • Swap Party Service, means the service of publicising adverts aimed at the sale/exchange of Permitted Goods on the Platform;
    • PayPal System , means the system for making payments and commercial transactions online, devised, created and owned exclusively by PayPal;
    • Swap Party, means both the Application and the developer and owner company of the Application, Swap Party S.r.l. based in Via Umberto Forti 6, Pisa;
    • Registered User, means the user who has registered via the Swap Party Application;
    • Terms of Use, means this document and all its amendments and supplementations (which may occur, at the sole discretion of Swap Party, at any time), as well as all documents, policies, communications posted on the Platform and via the Application by Swap Party aimed at describing, regulating, specifying and/or explaining the use of the Application, the Swap Party Service, the Account and in general the content of these Terms of Use;
    • Value of the Permitted Good, means the economic and monetary value, expressed in Euros, published by the Registered User via the Application and at which the Registered User is prepared to sell the Permitted Good.
  2. Swap Party Service

    1. 2.1. Swap Party has devised and created the Application that offers to Registered Users the possibility of posting Advertisements for the sale/exchange of Permitted Goods.
    2. 2.2. To access the Swap Party Service users must register via the process described in the Application which can be downloaded from Apple's AppStore. At the end of the registration process, the Registered User will be assigned a profile, a User ID and a secret password which will constitute the Account of the Registered User. Use of the Swap Party Service must occur by way of the Account.
    3. 2.3. Swap Party will check, after their publication by the Registered User, the content of the Advertisements in order to verify their legitimacy in accordance with these Terms of Use.
    4. Swap Party, subject to what is established in Article 4 below, will do everything possible to monitor the content of the Advertisements and to delete Prohibited Advertisements. Since it is always possible for Prohibited Advertisements to be posted via the Application, Swap Party requests the collaboration of all Registered Users to report any Prohibited Advertisements to Swap Party itself to the e-mail address abuse@swapparty.com
      Upon receipt of the Reports, Swap Party will immediately take steps to verify the content of that Advertisement subject to the Report. Where, at its sole discretion, Swap Party deems that the reported Advertisement falls within the definition of Prohibited Advertisement, the same will be removed immediately without any prior communication to the Registered User, to whom an informative e-mail will be sent following deletion of the Prohibited Advertisement, specifying the reasons for the deletion of the Prohibited Advertisement. The Registered User may freely post the Advertisement again once those contents that determined the classification of the Advertisement as a Prohibited Advertisement have been removed.
      Where a Registered User publishes one or more Advertisements considered, based upon these Terms of Use and at the sole discretion of Swap Party, to be Prohibited Advertisements, Swap Party will be entitled to suspend the Account of the Registered User (which may no longer, therefore, use the features of the Application and the Swap Party Service via the suspended Account), or, alternatively, to delete the Account of the Registered User on a final basis.
    5. 2.5. Swap Party will also provide free of charge as part of the Swap Party Service a messaging service between Registered Users that the same can use, only once they have finalised a transaction for the exchange/sale of Permitted Goods, to send private messages between the Registered User seller/transferor and the Registered User buyer/transferee.
    6. 2.6. As regards the content of the private messages exchanged between Registered Users in accordance with the provisions of paragraph 2.5 above, these cannot be seen by Swap Party and, therefore, Swap Party does not accept any liability for the content of those messages which is held exclusively by the Registered User author of the message.
    7. 2.7. The Registered User may post Advertisements concerning the Permitted Goods intended for exchange with other Permitted Goods; that exchange will occur without the payment of any fee between the Registered Users, or, where the Registered User has assigned to the Permitted Good subject to the Advertisement a Value of the Permitted Good, against payment of a fee to the Registered User seller, in accordance with the methods set out in Article 6 below.
    8. 2.8. Any Registered User intending to finalise a transaction for the exchange/sale of a Permitted Good via the Application must necessarily already have posted, at the time of the exchange/sale, a minimum number of 10 (ten) Advertisements concerning the Permitted Goods to be exchanged/sold via the Application.
  3. Use of the Application by the Registered User

    1. 3.1. Use of the Application, the Swap Party Service and the Account must occur exclusively in compliance with the Terms of Use.
    2. 3.2. In particular, use of the Application, the Swap Party Service and the Account involves the prohibition on:
      posting illegal contents in the Advertisements and/or those relating to Prohibited Goods or objects in an inappropriate category or sections;
      breaching the law and/or rights of others as well as selling/exchanging Prohibited Goods;
      using the Application and/or the Swap Party Service if the Registered User does not have capacity to act and to enter into legally binding contracts, or is aged under 18 (eighteen) years old or if he/she has been temporarily suspended or definitively removed from the Application;
      selling/exchanging the same Permitted Good to multiple Registered Users, except where the first Registered User buyer does not comply with the terms posted in the Advertisement relating to the Permitted Good subject to the Advertisement or the Registered User seller is unable to verify the authenticity of the identity of the Registered User buyer;
      manipulating the price of the Permitted Goods or interfering with the Advertisements of other Registered Users;
      posting false, inexact, misleading, defamatory or libellous data (including the Personal Information);
      undertaking actions aimed at destabilising the system of Reports and/or exporting, in any form, the content of the same;
      transferring the Account to third parties without consent from Swap Party;
      using or posting spam, chain messages or pyramid sales schemes;
      spreading viruses or any other technology aimed at damaging Swap Party, the Application or the interests or rights of ownership (and others) of the Registered Users;
      copying, altering or disseminating the content of the Platform or the intellectual property rights and registered trademarks of Swap Party; or
      ccopying manually or automatically or collecting in any way information on the Registered Users, including e-mail addresses, without their consent.
    3. 3.3. Swap Party does not transfer the ownership of the Permitted Goods subject to sale/exchange between Registered Users. The transfer of ownership of the Permitted Good subject to the sale occurs only and exclusively between the Registered User seller and the Registered User buyer, as well as in the case of the exchange of Permitted Goods.
    4. 3.4. The Registered User undertakes not to:
      complete any action that (at the sole discretion of Swap Party) may cause an unreasonable overload of the activities of the technological infrastructures of the Swap Party system and the Application;
      copy, reproduce, alter, modify or disseminate the contents of the Application and the Platform without prior express authorisation in writing or express consent from Swap Party and third party holders of intellectual property rights over those contents;
      use any mechanism, software or process that may interfere with the correct functioning of the Application;
      circumvent the tools for exclusion of automatic systems of search engines (robots) or other procedures used by Swap Party to prevent or limit access to the Application.
    5. 3.5 The Registered User may not sell/exchange via the Application Permitted Goods that are counterfeit, different from those described in the Advertisements, damaged or harm the ownership and/or other rights of others.
  4. Exoneration from liability of Swap Party

    1. 4.1. The Registered User exonerates Swap Party from any liability associated with the content of the Advertisements, or deriving from Permitted Goods exchanged or sold by other Registered Users. The Registered User recognises that Swap Party is not an "auctioneer" in the traditional meaning of the term. The Application is simply a virtual location where anyone - subject to opening the Account - may sell and/or purchase and/or exchange only Permitted Goods, at any time, from any Internet workstation, in any location. Swap Party has no role in the sale and/or exchange which takes place between Registered Users as a result of their activity via the Application and has no control or liability in relation to the quality, safety or lawfulness of the objects publicised by the individual Registered Users which, in any case, must only and always be Permitted Goods in accordance with these Terms of Use.
      In addition, Swap Party cannot verify the accuracy and truthfulness of the Advertisements and/or the capacity to act of the Registered Users to sell, purchase or exchange Permitted Goods and it cannot ensure that a buyer or seller is actually able to bring to completion a sale or exchange.
    2. 4.2. Swap Party does not guarantee continuous and uninterrupted access to the Application, the Account and/or the Swap Party Service, which may be affected by factors beyond its control (cause of force majeure and/or lawful and/or unlawful actions by third parties). As a consequence, within the limits provided by existing laws, Swap Party excludes any implicit guarantee, term and condition. Swap Party is not in any way liable for economic losses, loss of goodwill or reputational or direct, indirect or consequential damages deriving from use by the Registered User of the Application and the Swap Party Service.
    3. 4.3. In no case may any compensation for damages for liability from Swap Party to the Registered User or to third parties be greater than the maximum sum of Euro 100.00 (one hundred).
    4. 4.4. By accepting these Terms of Use, the Registered User undertakes to keep indemnified Swap Party as well as its directors, employees, managers, agents and any company controlled by or controlling Swap Party and/or under the common control of Swap Party, including their directors, employees, managers, agents from any claim or request for compensation for damages originating from third parties, that may derive from the violation by the Registered User of even just one of the conditions contained in these Terms of Use, of the legal obligations or rights of third parties. This is without prejudice to cases of wilful intent and gross negligence exclusively and directly attributable to Swap Party.
  5. Management of Feedback and Swap Party Events

    1. 5.1. Each Registered User that has performed a transaction relating to a Permitted Good via the Application, at the outcome of the same may draft, possibly even at the request of Swap Party, Feedback relating to the Registered User with which it has concluded the exchange/sale and/or relating to the exchanged/sold Permitted Good. The Feedback will be posted directly on the profile of the Registered User involved in the transaction.
    2. 5.2. Each Registered User may also organise, at its own discretion, Swap Party Events, choosing the location, date and time, in which the Registered Users who are invited by the organiser Registered User, in the case of private Swap Party Events, or any interested Registered User in the case of public Swap Party Events.
    3. 5.3. Swap Party does not accept any liability with reference to the Swap Party Events organised by individual Registered Users who are, therefore, solely liable with reference to goods exchanged/purchased as part of the same and the methods by which those Swap Party Events take place.
  6. Execution of transactions between Registered Users, payment method and payment of commission for Swap Party

    1. 6.1. Swap Party does not purchase and does not sell Permitted Goods. The transaction is done between Registered Users who may, at their discretion, proceed to complete the sale/exchange of the Permitted Good via the Application or make an agreement in that sense "offline" privately without using the Application. Swap Party merely offers the Swap Party Service and the Application as a "meeting point" between the various Registered Users.
    2. 6.2. The purchase/exchange of the Permitted Good may occur via the Application which, to that end, will make the PayPal System available to Registered Users. Where the Registered User buyer intends to complete the purchase of the Permitted Good via the PayPal System, the Registered User shall follow and comply with the rules of the PayPal System to which the Application will direct it via the special link that the Registered User must necessarily click when intending to proceed with payment of the Value of the Permitted Good to the Registered User seller.
    3. 6.3. Swap Party will be entitled to receive payment of the Commission calculated on the sold Value of the Permitted Good. The payment of the Commission will be made by the Registered User seller of the Permitted Good by way of transfer from the PayPal System to the Registered User seller of the Value of the Permitted Good net of the amount of the Commission and any tax charges due by law.
    4. 6.4. Within 5 (five) days from the date of credit of the amount of Commission to the bank account of Swap Party, Swap Party will send to the Registered User seller the respective receipted invoice.
  7. Shipping of Permitted Goods

    1. 7.1. The shipment of the Permitted Goods sold/exchanged will be made at the care and expense of the Registered User seller/transferor. Any costs and or customs charges for exiting the country from which the Permitted Goods leave will be borne by the Registered User seller/transferor, while the customs duties for entering the country of destination of the Permitted Goods will be borne by the Registered User buyer/transferee.
    2. 7.2. Swap Party will not be in any way liable for the delivery of the Permitted Goods sold/exchanged, nor will it be liable for the state of fact and law in which the Permitted Goods are delivered to the Registered User buyer/transferee. In particular, the Registered Users acknowledge and accept that Swap Party will not be liable for any damage or loss suffered by them in the case of purchase of counterfeit, damaged, deteriorated or different Permitted Goods compared to those described in the Advertisement posted via the Application.
  8. Privacy

    1. 8.1.The data of the Registered User will be processed exclusively in accordance with Italian Legislative Decree no. 196/2003, as amended and supplemented, and the privacy policy of Swap Party available here.
    2. 8.2. Advertising or commercial banners relating to third party entities other than Swap Party (companies or legal entities) may appear within the pages of the Application and the Platform which contain the Advertisements of the Registered Users, in relation to which Swap Party does not accept any liability.
  9. Damages suffered by Swap Party, compensation and indemnity

    1. 9.1. The Registered User agrees to compensate and indemnify Swap Party, as well as its directors, employees and agents, as well as the companies controlled by, connected to and/or controlling Swap Party and their directors, employees, managers, agents, from any claim or demand, including legal costs, made by third parties and caused or deriving from the breach by the Registered User of these Terms of Use or from the breach of any law or rights of third parties.
  10. Autonomy of the parties

    1. 10.1. Swap Party and the Registered Users act in full autonomy and independence. These Terms of Use do not bring about between the same any relationship of collaboration, agency, association, intermediation or subordinate employment.
  11. Applicable law and court with jurisdiction

    1. 11.1. Any dispute relating to the validity, execution or fulfilment of these Terms of Use will be under the exclusive jurisdiction of the Court of Pisa. The Law applicable to these Terms of Use will be Italian law.