Swapia General Terms and Conditions (GTC)
- Provision of a listing system
- Publication of
listings in selected categories
- Access via web and
mobile apps (iOS / Android)
- Technical support for platform functions
- post only lawful,
actually available offers,
- provide complete and
truthful descriptions in listings,
- refrain from
misleading, deceptive, or manipulative statements,
- not publish content
that violates laws or relates to the trade of the following goods:
weapons, drugs, pornographic content, glorification of violence,
counterfeit products, or financial instruments.
- the content,
accuracy, or completeness of listings,
- the identity or
conduct of users,
- payment delays,
fraud, or non-performance of contracts between users.
- based on intent or
gross negligence,
- relating to injury
to life, body, or health,
- involving the breach
of essential contractual obligations ("cardinal obligations").
- eliminate subsequent
disruptions to the contractual balance, or
- adapt the GTC to
changed legal or technical conditions.
General Terms and
Conditions (GTC)
Scope
These General Terms and Conditions (hereinafter referred to as
"T&Cs") govern the use of the online platform Swapia (hereinafter
referred to as the "Platform") by registered users.
The platform is operated by Swapia [address, city, country].
Deviating, conflicting or supplementary terms and conditions shall not
become part of the contract unless Swapia expressly agrees to their validity in
writing.
Purpose of the
Platform
The platform allows users to post listings for goods and services of any
kind that can be offered or purchased in exchange for cryptocurrencies to the
extent legally permissible.
Swapia is not: a contracting party, intermediary, fiduciary or payment
service provider. All business transactions are made exclusively between the
users.
Swapia is not involved in contract negotiations or conclusion and does
not assume any liability for their formation or implementation.
Platform services
Provision of an advertising system
Publication of advertisements in selected categories
Access via web and mobile apps (iOS / Android)
Technical support for platform features
There is no entitlement to uninterrupted availability of the platform at
all times. Planned maintenance work will be announced in advance if possible.
Registration and User
Accounts
Registration is required to create an advertisement. Users must provide
truthful information.
Access data must be treated confidentially and may not be passed on to
third parties.
Swapia is entitled to block or delete user accounts if there is a
significant violation of these T&Cs or applicable law. Before a block, the
person concerned is usually informed, unless immediate action is necessary to
avert damage.
Usage models and
costs
The use is within the framework of fee-based packages with different
number of advertisements and duration.
The remuneration is due as a one-off payment at the beginning of the
term.
There is no automatic renewal.
Statutory rights of withdrawal remain unaffected.
Right of withdrawal
for consumers
Consumers have a legal right of withdrawal of 14 days for contracts
concluded exclusively via means of distance communication.
A corresponding cancellation policy including a sample cancellation form
will be provided during the booking process.
Obligations of the
users
In particular, users undertake to:
only list legitimate offers that are actually available
Formulate advertisements completely and truthfully
No misleading, deceptive or manipulative information
not to publish content that violates the law or affects the trade in the
following goods and services: weapons, drugs, pornographic content,
glorification of violence, counterfeit products or financial instruments.
Responsibility &
Liability
Swapia accepts no liability for:
content, accuracy or completeness of advertisements,
Identity or behavior of users,
Late payment, fraud or non-performance of contracts between users.
Swapia's liability for damages is excluded insofar as they are not
are based on intentional or grossly negligent conduct,
injuries to life, limb or health,
are based on breaches of essential contractual obligations
("cardinal obligations").
In the case of a slightly negligent breach of cardinal obligations,
liability is limited to the foreseeable, contract-typical damage.
The advertisements and other content published by users on the Services
do not reflect the opinion of Swapia and are generally not checked by Swapia
for their legality, accuracy and completeness without cause. Swapia does not
guarantee the accuracy and completeness of the information contained in the
advertisements, nor does it guarantee the quality, safety or legality of the
goods or services offered by users.
The User shall indemnify Swapia against all claims that other Users or
other third parties assert against Swapia due to an infringement of their
rights by advertisements and other content posted by the User on the Services
or due to the User's other use of the Services. The User shall bear the costs
of Swapia's necessary legal defense, including all court and attorney fees at
the statutory rate. The entitlement to indemnification does not exist if the
user is not responsible for the infringement. In the event of a claim by third
parties, the User shall promptly and truthfully and completely provide Swapia
with all information for the defence necessary for the examination of the
claims and a defence against them. Any liability of the user beyond these regulations
remains unaffected.
Term and Termination
The contract runs for the booked term and ends automatically.
Ordinary termination during the term is excluded. The right to
extraordinary termination for good cause remains unaffected.
Changes to the
T&Cs
Swapia reserves the right to amend these T&Cs at any time to the
extent necessary to:
·
to eliminate
subsequent disturbances of the contractual balance, or
·
adapt the GTC to
changed legal or technical conditions.
Users will be informed of any significant changes in an appropriate
form. The amended T&Cs will be published on the Platform. By continuing to
use the platform after the changes come into force, users declare their
agreement to the new regulations.
Applicable Law &
Jurisdiction
The law of the Republic of North Macedonia applies to the exclusion of
the UN Convention on Contracts for the International Sale of Goods.
For consumers with habitual residence in the European Union or the
European Economic Area, the mandatory legal provisions of their country of
residence also apply, in particular with regard to the place of jurisdiction
and consumer protection rights.
For consumers outside the EU/EEA, the law of the Republic of North
Macedonia also applies. Mandatory regulations of the country in which the users
have their habitual residence remain unaffected.
Code of conduct
To ensure serious and safe trading, the rules of play and conduct for
buyers and sellers published on the platform apply. These are an integral part
of these Terms and Conditions.
Privacy
The processing of personal data is carried out exclusively in accordance
with the privacy policy, which can be accessed at [link].
Final provisions
Should individual
provisions of these T&Cs be or become invalid, the validity of the
remaining provisions shall remain unaffected. The invalid provision shall be
replaced by the statutory provision.
Cancellation
Withdrawal
You have the right to withdraw from this contract within fourteen days
without giving reasons.
The withdrawal period is fourteen days from the day of conclusion of the
contract.
In order to exercise your right of withdrawal, you must inform us, the
Swapia
[insert address]
[insert email address]
inform you of your decision to withdraw from this contract by means of
an unequivocal statement (e.g. a letter sent by post or an e-mail). You can use
the attached model withdrawal form for this, but it is not mandatory. In order
to comply with the withdrawal period, it is sufficient that you send the
notification of the exercise of the right of withdrawal before the expiry of
the withdrawal period.
Consequences of
revocation
If you withdraw from this contract, we shall reimburse you all payments
we have received from you, including the delivery costs (with the exception of
the additional costs resulting from the fact that you have chosen a type of
delivery other than the cheapest standard delivery offered by us), without
undue delay and at the latest within fourteen days from the day on which we
received the notification of your withdrawal from this contract.
For this refund, we will use the same means of payment that you used for
the original transaction, unless otherwise expressly agreed with you; in no
case will you be charged any fees for this repayment.
If you have requested that the service should start during the
withdrawal period, you must pay us a reasonable amount corresponding to the
proportion of the services already provided up to the time you inform us of the
exercise of the right of withdrawal with regard to this contract compared to
the total scope of the services provided for in the contract.
Sample withdrawal
form
If you wish to withdraw from the contract, please fill out this form and
return it.
At:
Swapia
[insert address]
[insert email address]
I/we hereby revoke the contract concluded by me/us ( ) for the provision
of the following service: (description of the booked service)
Ordered on: ___________________
Name of consumer(s): ___________________
Address of consumer(s): ___________________
Signature of the consumer(s) (only if notified on paper):
___________________
Date:___________________
(*) Delete what is inappropriate.
English
General Terms and Conditions (GTC) of Swapia
Scope
These General Terms and Conditions (hereinafter "GTC") govern
the use of the online platform Swapia (hereinafter "Platform") by
registered users. The Platform is operated by Swapia [address, city, country].
Deviating, conflicting, or supplementary terms shall not become part of the
contract unless Swapia has expressly agreed to their validity in writing.
Subject of the Platform
The Platform allows users to post listings for high-value goods that can
be offered or purchased using cryptocurrencies. Swapia is not: a contracting
party, intermediary, trustee, or payment service provider. All business
transactions take place exclusively between users.
Swapia is not involved in contract negotiations or conclusions and assumes no
responsibility for their formation or execution.
Services of the
Platform
There is no entitlement to uninterrupted availability of the Platform at
all times. Planned maintenance work will be announced in advance whenever
possible.
Registration and User Accounts
Registration is required in order to create listings. Users must provide
truthful information. Access data must be kept confidential and may not be
shared with third parties.
Swapia reserves the right to suspend or delete user accounts in the event of a
significant violation of these GTC or applicable law. Generally, affected users
will be informed prior to suspension unless immediate action is necessary to
prevent harm.
Usage Models and Fees
Use of the Platform is subject to paid packages with varying numbers of
listings and durations (12 or 24 months). The fee is due as a one-time payment
at the beginning of the term. Automatic renewal does not take place. Statutory
withdrawal rights remain unaffected.
Right of Withdrawal for Consumers
Consumers have a statutory right of withdrawal of 14 days for contracts
concluded exclusively by means of distance communication. The corresponding
withdrawal policy, including a model withdrawal form, is provided during the
booking process.
Obligations of Users
Users undertake in particular to:
Responsibility & Liability
Swapia assumes no liability for:
Liability of Swapia for damages is excluded unless:
In cases of slight negligence involving cardinal obligations, liability
is limited to foreseeable, contract-typical damages.
Term and Termination
The contract runs for the booked term and ends automatically. Ordinary
termination during the term is excluded. The right to extraordinary termination
for good cause remains unaffected.
Amendments to the GTC
Swapia reserves the right to amend these GTC if necessary to:
Users will be informed of amendments at least 30 days before they take
effect by e-mail. Users have the right to object within 30 days. If no
objection is made, the changes are deemed accepted. Users will be separately
informed of their right to object and the consequences of remaining silent.
Applicable Law & Jurisdiction
The law of the Federal Republic of Germany applies. For consumers with
their habitual residence in the EU, the statutory places of jurisdiction at
their residence apply.
Code of Conduct
To ensure serious and secure trading, the rules of conduct for buyers
and sellers published on the Platform apply. These form part of these GTC.
Data Protection
The processing of personal data is carried out exclusively in accordance
with the Privacy Policy, available at [link].
Final Provisions
Should any provision of these GTC be invalid or become invalid, the
validity of the remaining provisions shall remain unaffected. In place of the
invalid provision, the statutory regulation shall apply.
Withdrawal Policy
Right of WithdrawalYou have the right to withdraw from this contract
within fourteen days without giving any reason.
The withdrawal period is fourteen days from the date of conclusion of the
contract. To exercise your right of withdrawal, you must inform us.
Swapia [insert address][insert e-mail address]
by means of a clear statement (e.g., a letter sent by post or an e-mail)
of your decision to withdraw from this contract. You may use the attached model
withdrawal form, but this is not mandatory. To meet the withdrawal deadline, it
is sufficient that you send the notification of exercising the right of
withdrawal before the withdrawal period expires.
Consequences of WithdrawalIf you withdraw from this contract, we will
reimburse you for all payments we have received from you, including delivery
costs (except for additional costs resulting from your choice of a type of
delivery other than the least expensive standard delivery offered by us),
without undue delay and at the latest within fourteen days from the day on
which we received your withdrawal notice.
For this reimbursement, we will use the same payment method that you used for
the original transaction, unless expressly agreed otherwise with you; under no
circumstances will you be charged any fees for this reimbursement. If you
requested that the service begin during the withdrawal period, you must pay us
an appropriate amount corresponding to the proportion of services already
provided up to the point in time at which you informed us of the exercise of
the right of withdrawal, relative to the total scope of the services provided
for in the contract.
Model Withdrawal Form
(Complete and return this form only if you wish to withdraw from the contract)
To:
Swapia [insert address][insert e-mail address]
I/we () hereby withdraw from the contract concluded by me/us ()
for the provision of the following
Service: (Description of the booked service)
Ordered on: ___________________Name of consumer(s):
___________________Address of consumer(s): ___________________Signature of
consumer(s) (only if submitted on paper): ___________________Date:
___________________(*) Delete as applicable