Terms and conditions

By registering to  www.swaplace.com you acknowledge that you have read these terms and conditions that you agree with and undertake to comply with them.

1. General

1.1 These terms and conditions of use set out the rules for registered website users www.swaplace.com.

1.2 These rules are binding on all users and providers.

1.3 Website www.swaplace.com allows registered users to exchange certain goods for non-commercial basis. Furthermore www.swaplace.com site allows registered users to communicate with each other, or even use other applications mentioned on the web portal www.swaplace.com.

1.4 By registering to www.swaplace.com user declares familiar with the contents of these terms of use.

 

2. Definitions

2.1 Provider hereinafter refers to company:

Title: Visualio s.r.o.

ID: 02027933

Address: Prague 1, Old Town, Opatovická 160/18

Contact: hello@swaplace.com

2.2 Website hereinafter refers to website: www.swaplace.com that was established and is maintained by provider.

2.3 User hereinafter refers to any individual who registers to the website and creates his/her user profile.

2.4 A profile hereinafter refers to a set of user information consisting of data referred to in Art. 3.2  of these conditions.

2.5 Service provided hereinafter refers to providing web space and creating a profile on the web portal, which allows users to exchange certain goods. This service is also concludes storing this information on a secure server.

2.6 Goods hereinafter refers to in particular clothing, clothing accessories, footwear, cosmetics, jewelry, etc..

 

3. Registration

1.3 Utilizing the services of provider is entitled only to registered users.

2.3 During registration a user is required to specify email, username and password. On the basis of these data the user profile is created.

3.3 Registration to the website is free.

3.4 Each user is entitled to create only one profile. If the provider learns that the user uses multiple profiles, provider is entitled, at its sole discretion to:

a) cancel all users profiles or

b) cancel all or just some of users profiles.

3.5 The user undertakes to update the information contained in Art. 3 of these conditions at each of their change. Provider is not responsible and does not guarantee the completeness, truthfulness, accuracy and timeliness of content and profile information published on it.

6.3 The provider is not liable for damages resulting from incorrect, incomplete or outdated information about users of the Web portal.

3.7 All user data provider imposes on a secure server. These data are published on the website within the range set by the user and serves only to facilitate the offering of commodity exchange.

8.3 All information provider sends to the email address entered during user registration.

3.9 User is entitled to on-line request cancellation of his profile on the website. The provider is required to comply with this request within 30 working days from receipt of the request.

3.10 User is authorized to give / not give consent when registering providers using photos that is placed on your profile for advertising and promotional purposes of the website.

 

4. Principle of operation of www.swaplace.com

1.4 Provider provides users with web space on the website, in which users can post offers for exchanging goods and communicate with each other, under the conditions set out in these terms and conditions.

2.4 Users do not pay any fee to the provider for the provision of web space.

4.4 The goods listed in the user profile is not an offer for a foreign exchange contract. This is only an incentive to offer of an exchange contract.

4.4 The provider does not act as an intermediary in the conclusion of the contract and does not receive remuneration from the contracts concluded between users.

5.4 Conditions or other terms of the contract, in particular, the subject of the contract, the terms of payment for goods or services, and shipping conditions are set only by individual users.

6.4 User may not use the website for commercial purposes and is not entitled to post links to users own nor other online shops.

4.7 Users are not permitted to enter into a contract with another user on the basis of the contractual  business - consumer relationship. All agreements relating to the exchange of goods are concluded exclusively between two individuals, where neither one of those persons is engaging in any business activity.

 

5. Terms of placing goods on the website www.swaplace.com

5.1 Goods are placed on the website using a web form.

2.5 In a web form, the user must especially place description (description, size, color, etc.), goods category and attach a photo of a particular goods offered.

3.5 Provider is not responsible or liable for the completeness, accuracy and timeliness of the information specified by the user in Art. 5.2

5.4 Users are not permitted to offer or to exchange goods,

a) that are in conflict with the generally binding legal regulations of the Czech Republic, in particular the case of goods for which it is generally binding legal regulations of the Czech Republic reduced or eliminated the possibility of theft or provision. These include weapons, narcotic and addictive drugs, food, cosmetics after expiry date, pharmaceuticals etc..

b) that require special permission, which the user does not have. For example goods that must be authorized by the relevant trade, sanitary or medical permit, food, etc..

c) if it would be a violation of intellectual property rights, particularly the Copyright Act and the Trademark Act. The user is not authorized to offer or exchange goods,that are marked as a registered trademark, but obviously not original product, offering goods without owning the copyrights and so on.

d) that would be demeaning or would incite hatred of nation, race, religion or ethnic group.

e) to which the user has no right of ownership, or other person is authorized to dispose of such goods.

5.5 Users are not permitted to use the website for commercial sale of goods or offering commercial services. For commercial offering of goods and services is considered action when the user intends to obtain a profit regardless of whether or not, user owns the proper tradesman or public authority authorization.

5.6 If users breaks any obligation imposed on him in Art. 5 of these conditions, the user is obliged to compensate the provider for all damages resulting from this.

 

6. The rights and obligations of users

6.1 User agrees that the offered goods, as the negotiations on the website will be in accordance with applicable laws and regulations of the Czech Republic and morality.

6.2 User is obliged to provide complete and truthful information about themselves and the goods offered. Information must not be misleading or deceptive. If he violates this duty, the provider is not liable for damage caused by incorrect information the user stated.

6.3 The user uses the website at his own risk. User is obliged to carefully verify identity and consider the credibility of the contractor, before reaching agreement with another user. The provider is not liable and despite all the measures can not guarantee that the user did not or does not state untrue or incomplete information.

4.6 Each user is responsible for the negotiated terms of each individual contract. Negotiation of terms of the contract price, transportation and other conditions is fully on users, therefore these concerned users are responsible for any claim and not the provider.

6.5 User may not use the Website www.swaplace.com to illegal activities, illegal transactions and fraud.

6.6 If the user inserts the photos of offered goods its bound to the copyright of third parties, as well as the personal rights of third parties. The user declares that if the photo depicted a person other than the user, the other party consented to the use and publication of images. If it proves this statement to be false, the user is obliged to replace any damage to the provider from this.

7.6 User further agrees that

a) that photographs posted do not contain erotic or pornographic elements

b) that provided goods or services do not include advertising or links to websites with the same or similar focus as www.swaplace.com,

c) he will not collect or disseminate other users data, not for free nor for a fee. If this obligation is breached, user is obligated to replace any damage to the provider.

 

 

7.1 Provided is authorized, in his sole discretion, to cancel or block a user profile, delete the posts in the online forum, the forum topics block or delete offered goods in cases where the user breaches any obligation he set in these conditions, especially if:

a) the user when registering enjoys misleading and spreading false or misleading information,

b) the user uses profanity, attacks other users or administrators

c) the users’ description of the goods offered is deceptive, misleading or false information,

d) the User breaches any obligation set out in Art. 4.7 these conditions,

e) the User breaches any obligation to place the goods referred to in Article. 5 of these conditions,

f) User breaches any obligation imposed on it by Art. 6 of these terms and conditions.

7.2 Provider has the right to unilaterally terminate the operation of the website www.swaplace.com.

7.3 The provider does not guarantee and is not responsible business continuity of website www.swaplace.com.

 

8. Privacy Statement

8.1 The provider collects personal information only to the extent that lays out conditions and only for the purposes specified in these terms.

2.8 All personal data contained in the user profile information are stored in electronic form.

8.3 The user declares that he agrees to the processing of personal data.

8.4 The consent given by the user to the processing of personal data, Can be revoked at any time. User shall do so in writing.

5.8 The Provider undertakes to not provide the information referred to to any third parties.

 

9. Changing conditions of use of the website www.swaplace.com

1.9 The Provider is entitled to unilaterally amend the terms of use of the website www.swaplace.com.

2.9 Of this change provider informs the user on the website www.swaplace.com, possibly in the form of messages sent by users. If the user does not agree with the contents of the changed conditions of use Website www.swaplace.com has the right to ask the provider for the abolition of the profile. The provider is required to comply with this request within 30 working days from receipt of the request.

3.9 User confirms the consent to the current version of the Terms of Use of websites www.swaplace.com for any use of your profile. Each user is responsible for continuous monitoring of the conditions of use of the website www.swaplace.com.

 

10. Final provisions

1.10 Questions not covered explicitly in these terms and conditions shall be governed by the laws of the Czech Republic, in particular the Civil Code.

2.10 The Contracting Parties undertake to settle any dispute arising from these Terms of Use Website www.swaplace.com primarily amicably. Provider and the user therefore agrees that any dispute arising from the relationship between the provider and the user, or in connection with the provider and the user will deal first with the participation of an independent mediator and only in case of failure of mediation exercises its right to dispute in court proceedings. Providers and users claim that the mediator will be appointed from among persons remaining on the list of accredited mediators in Czech Bar Association or the list of mediators.