Terms & Conditions
ACCEPTANCE OF TERMS
Swifpic.com (“Swifpic”) provides a collection of online resources, including classified ads and various messaging services, (referred to hereafter as “the Service”) subject to the following Terms of Use (“Terms”). By using the Service in any way, you are agreeing to comply with the Terms. In addition, when using particular Swifpic services, you agree to abide by any applicable guidelines for all Swifpic services, which may change from time to time. Should you object to any term or condition of the Terms, any guidelines, or any subsequent modifications thereto or become dissatisfied with Swifpic in any way, your only recourse is to immediately discontinue use of Swifpic. Swifpic has the right, but is not obligated, to strictly enforce the Terms through self-help, community moderation, active investigation, litigation and prosecution.
An Introduction to Swifpic
Welcome to Swifpic – Everything Goes!
Swifpic sells everything the fastest in and outside of the universe. With Swifpic anyone can sell anyones product so if you think you can sell our listings faster than us then do it with a few clicks. Use Swifpic to swiftly Delutter, recycle or to simple make money. All Swifpic services made available online or offline are hereinafter referred to as “Swifpic” or “Swifpic Services”. These terms and conditions (the “Terms”) apply to the use of all Swifpic Services. If using Swifpic the user accepts these terms and shall be obliged to adhere to them.
services, (referred to hereafter as “the Service”) subject to the following Terms of Use (“Terms”). By using the Service in any way, you are agreeing to comply with the Terms. In addition, when using particular SwifPic services, you agree to abide by any applicable guidelines for all SwifPic services, which may change from time to time. Should you object to any term or condition of the Terms, any guidelines, or any subsequent modifications thereto or become dissatisfied with SwifPic in any way, your only recourse is to immediately discontinue use of SwifPic. SwifPic has the right, but is not obligated, to strictly enforce the Terms through self-help, community moderation, active investigation, litigation and prosecution
Offered Services
As a registered user, you can reserve, buy and sell a variety of goods and services (“products”). This is permitted providing it doesn’t break any laws, is not against good morals, our Terms, or our Prohibited Items list.
Swifpic’s basic service is free of charge. Additional products such as Bump along with our Premium Membership (“premium features”) are subject to an additional charge. Swifpic reserves the right to change these prices at any given time, and may offer varying premium features across different platforms. In case Swifpic increases the price of premium features users are entitled to terminate their subscription with effect before the increasement.
Once the user has confirmed their purchase the user agrees that Swifpic, concluding the contract, delivers the service in its entirety immediately.
Swifpic is not responsible for content generated by users and there is no right for publication of content. Swifpic reserves the right to suspend or remove a user from the platform without reason. It is also prohibited to create another account under a different name and/or e-mail address if you have previously been blocked from using Swifpic.
Contractual conditions
Swifpic only provides the framework for users to buy and sell. Posts for buying and selling are not legally binding offers by Swifpic and Swifpic is not a contracting party. The contract is between the users of the marketplace and the fulfillment of these contracts is concluded via the Swifpic Services but carried out exclusively among the users.
Swifpic may offer a variety of premium features. Once the user selects the premium feature and pays for it, the feature is activated and Swifpic has fulfilled their contractual obligation for the premium feature.
Eligibility, registration, and deletion of the account
Registration is free of charge. You must be over 18 to use Swifpic. If you are aged 14-17 you can use Swifpic providing you have approval from your parent or legal guardian.
Commercial use is forbidden unless individual approval by Swifpic has been granted.
When registering for a Swifpic account the specified profile data provided by the user must be correct. Multiple registrations and accounts are not permitted. The user is responsible for taking the appropriate measures to keep their login credentials confidential. If a third party has accessed the user’s login details, then the user must change them.
By registering, the user agrees to receiving the Swifpic newsletter and may receive regular information from Swifpic. The user can unsubscribe at any time by disabling by clicking the unsubscribe link in the newsletter or by contacting Swifpic.
Users can delete their account at any time, without reason. Further information can be found in our Privacy Policy.
Payment using PayPal
Payment via PayPal is eligible in specific countries. The seller must connect their PayPal account to their Swifpic account. The buyer does not have to connect their PayPal account. Once the buyer and seller agree the sale/purchase of a product and conclude their sales agreement via PayPal, the seller pays a commission to the Swifpic and an additional fee to PayPal. The PayPal fee will be dependent on the set-up of their PayPal account (see PayPal’s terms of use). The buyer does not pay any fees and only pays the agreed price of the purchased item. If a refund is processed the seller will not receive a refund of the fees paid to Swifpic. If PayPal is the method of payment, PayPal’s Buyer and Seller Protection may apply. Dispute resolution can be initiated by the buyer or seller using PayPal’s Dispute Resolution Centre. To find out more visit PayPal.
Delivery
Deliveries are generally available exclusive to within London’s M25 therefore if buyer require delivery outside this region they must first ask seller before purchase. This can be done by clicking the “Send a Message” on the product page. If an item is available for delivery, it will be clearly shown on the product page along with the delivery cost. Most items or delivered within 1-3days. However, the buyer will be made aware of delivery time buy seller. Sellers are responsible for arrange delivery and may transfer necessary personal data of buyers to such delivery providers to fulfil their contractual obligations versus the buyer.
Listings, images and copyright
Each post must be written and created by the user.
It is strictly prohibited to publish anything that:
- is illegal, obscene, offensive or discriminatory
- contains pornographic images or content
- infringes personal rights
- attacks the reputation of a person or a business
- is seen as harassment through mass messages (spam), or any other kind
- Is designed to electronically hack Swifpic or spread a virus
Any of this behaviour will be reported to the relevant authority and your account will be blocked. It is also strictly prohibited to list anything on our Prohibited Item List.
Swifpic reserves the right to remove posts, disable or delete any user’s account.
When publishing classified ads, the user must ensure that the images do not break copyright law. Images must not contain watermarks or any other copyright marks. The user must own the images they are using or have the right to publish them from the copyright owner. Swifpic reserves the right to limit the maximum size of images and to modify or remove images. Once register Sellers agree that their listing images and details may be sent to buyers using Swifpic reserve feature.
No sale of living creatures
Swifpic respects the rights and dignity of living creatures. In most countries, the selling of living creatures is regulated by special laws. You may not offer, sell or exchange animals via Swifpic.
For more information please refer to our Prohibited Item List.
Granting of rights and liability for users
The user permits the Swifpic a world-wide, fully paid, non-exclusive and transferable licence to use, modify, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute the content created by the user for any purpose, commercial, advertising, or otherwise, or in connection with Swifpic or any other product or service of the Swifpic or the promotion thereof.
This includes full and restricted online and offline use of content. These rights remain indefinitely with Swifpic, even if the user is no longer registered with Swifpic.
Should Swifpic be held liable, due to a violation of the Terms or applicable law by the user, the user obliges himself to release Swifpic from any legal consequences (e.g. claims of third parties). The indemnity includes but is not limited to payable fines, damages, as well as all costs of legal defence and legal representation.
Transactions between Users
Other Swifpic users can view posts and submit offers to purchase. The seller can accept the offer or submit a counter offer. If the seller and potential buyer agree on a price (“purchase price”) and both parties confirm, a binding sales contract is entered. The buyer is obliged to pay the purchase price and pick up from the seller, if no other delivery is agreed upon. The seller is obliged to sell the classified ad as shown and described.
Offers can be cancelled by the seller or the buyer before the other party has confirmed.
The contract between the seller and buyer is exclusively between the users themselves and must be closed on the Swifpic platform. Swifpic does not offer or receive any offers or submit or receive bids and therefore is not a party in the sales contract.
Swifpic is not obliged to verify the transmitted or stored information or to actively search for circumstances which may indicate illegal activity.
Should the Swifpic somehow become aware of a specific unlawful act of an individual user or receive information within the Swifpic services, the information will immediately be removed or the access to this content will be blocked.
Liability
The seller holds liability for the correctness of the information, images and comments on the classified ads. Swifpic cannot be held liable.
Swifpic is not liable for any damage caused by errors, delays or interruptions in the transmission, malfunctions of the technical systems, loss or deletion of data, viruses or any other damage which can occur during the use of Swifpic, unless they are caused intentionally or grossly negligently by Swifpic or the damage concerns the injury of life, body or health. Swifpic is liable only for the amount which corresponds with contract-typical foreseeable damages. There is no liability for loss of profits, savings, damage from claims of third parties, and for other direct and indirect consequential damage.
The foregoing limitations of liability include claims against employees or representatives of Swifpic as well as the licensors of Swifpic and their licensors or the licensees of Swifpic and their licensees. Swifpic Services might be subject to an underlying licensing agreement. The liability of the licensor is determined by the respective licensing agreement.
Moreover, Swifpic is not liable for the content, accuracy, legality and functionality of third-party internet pages, which reference from or to the platform of Swifpic via a link.
The Swifpic services are only accessible for the user with an active Internet connection. Swifpic neither assumes responsibility that the Swifpic services are continuously usable and/or accessible, nor is Swifpic liable for technical transmission delays or failures. Swifpic excludes any warranty for the functionality of the Swifpic services. Swifpic is not liable for the unauthorized knowledge attainment of personal user data by third parties such as hackers.
The user will inform theirself about the tax and / or fee obligations which may occur in his country of origin. In case that national taxes and / or fees for the use of Swifpic services are due, these must be paid by the user.
Data protection
Protection of your personal data is very important to us. To see our specific Privacy rules, see our Privacy Policy.
Swifpic trademark rights
Swifpic and other trademarks owned may not be used without express written consent. The only exclusion is the use of press photos provided by Swifpic on the Swifpic website for press and marketing purposes.
Violations of the Terms
If these terms are violated, Swifpic is entitled to temporarily or permanently block or delete the affected user and remove their posts, classified ads and any other content provided by this user.
If a user receives a permanent ban from all Swifpic services (including classified ads), all purchase premium features forfeit without compensation. If a user receives a temporary ban, the right to use the premium features will not be extended, and they will forfeit without compensation.
The enforcement of any other claims, especially for damage compensation, remains expressly reserved for Swifpic.
If users violate the rights of third parties or the Terms, we ask to use the “Report” function on the respective product.
Amendment of the Terms
Swifpic reserves the right to change and amend the Terms at any time. An explicit reference to the change of Terms will not be made, and therefore the user must review the T&Cs periodically. If the user doesn’t agree to any changes they may exercise their Right to Deletion under GDPR and close their account.