draw your attention to these terms and conditions which apply whenever
you purchase with Swapkit. Please read them very carefully because
they explain important information on which we will sell you any of our
devices. By completing a purchase on Swapkit you agree to be bound by
these terms and conditions.
Products purchased over certain values, Swapkit reserve the right to request Photo ID. Passport
or Driving License will only be accepted as photo ID. Your ID must
match the credit card used to purchase the goods on any Swapkit site.
Due to increase in credit card fraud activities all online selling
sites must protect and do what is required to protect the credit card
used to purchase goods on its site.
How These Terms And Conditions Apply
When reading these Terms and Conditions, the following will help you to
understand the meanings of certain words used in them:
"Device" means the mobile phone(s) and/or iPad(s) you wish to purchase
from Swapkit in accordance with these Terms and Conditions. The term
"device" does not include a SIM card or Memory cards must be purchased separately.
"We/Us/Our" means Swapkit (company number 495124) whose
registered office is at Unit 16 Oak Road Business park, Oak Close Dublin
4. "You/Your" means you, the person using our website and purchasing any products or services on Swapkit store.
These Terms and Conditions apply whenever you wish to purchase a device
at Swapkit. We may vary these Terms and Conditions from time to
time and you should check them regularly for changes.
Who Can Purchase Devices on Swapkit & liabilities
1. Swapkit's service is aimed at business across Europe who are interested in purchasing a New, 2nd
hand or refurbished device. In most circumstances, we re-sell devices
originating from Europe or Pacific regions. The information on this website
is in English and all communications with you will be in English.
This website and these Terms and Conditions are designed to comply with
Irish and European law. You may be viewing the website in a country in
which we do not operate and trade and therefore, we cannot be held
responsible for non-compliance with any local advertising or other laws
in relation to this website or its contents.
If you are under 18 years of age, you should only purchase a device in
accordance with these Terms and Conditions with the permission of your
parent or legal guardian.
You must use your own identity at all times when using our service and
you should ensure that all information which you provide is accurate and
up to date. You must not under any circumstances, attempt to purchase
any of our products or services, with any payment method, which you do
not own or have the right to purchase on behalf of your company. By
purchasing a device's from Swapkit, you confirm that the payment method
used is owned by you and or you are authorized to use it on behalf of your company.
5. We reserve the right to refuse any order(s) for a device(s) from any person for any reason.
When purchasing a handset's of a high value, Swapkit reserve the
right to request Identification of the person purchasing the goods, this
is to support the credit card payment and card in question or if paid by cheque we reserve the right to hold your goods until the payment has cleared in our account. If you wish to cancel your order with in the waiting times for bank clearance Swapkit reserve the right to charge a 15% admin & restocking fee for its services.
7. Swapkit's delivery agent will only deliver to the address provided and
will only allow the person purchasing the goods to sign for the goods
purchased. Swapkit reserve the right to withhold the goods if the
person of purchase is not there to sign for his or her product 's
purchased. Swapkit will not be responsible for persons not been at the company or business address provided to be able to sign for their goods purchased.
On the event the person who purchases the goods is not at the address to sign for
the goods, under our terms the goods may be returned to our HQ
for security reasons of the product. Swapkit will not be responsible
to pay for the additional shipping charge if the purchaser of the goods
is not in a position to sign for their product purchased and it has to be returned once again, Swapkit need to have the name of the person to sign for the goods, prior to dispatch.
Stolen Mobile Phones
have access to CheckMEND, a crime protection database created to track
stolen mobile phones. We check all phones that we sell against this
database using the phone's unique IMEI number. If a mobile phone is
found to be 'Red Flagged' by CheckMEND, we will not offer any these
handsets for sale under any circumstances.
Value & Payment
The criteria which we use to value (Price up) devices for sale are
based on numerous factors including changes in market value and
competitor activity. We may change the way in which we value devices at
any time and without notice. Device values may therefore change from day
to day which means that if you check the value of a device you wish to
purchase on any given day, you may be given a different value for the
same device. This does not affect any other provisions in these Terms
Device values shown on the Swapkits websites are valid only for that
transaction. We do not hold or maintain pricing for a period of time and
it could change daily.
3. All device pricing is excluding of VAT (or other applicable tax) at the prevailing rate, we export product at Zero VAT rate. Or can sell product locally subject to 23% VAT.
Only products sold under the VAT marginal scheme will be listed as Marginal stock and no VAT can be reclaimable or will be charged. VAT will be paid on the profit of the goods if a VAT marginal sale occurs.
Any special offers which are made in relation to the value of devices
are, subject to particular terms and conditions which we may impose and
may be varied or withdrawn at any time and without notice.
5. Pricing will be given in Euros only and no other currency will be accepted, currency selector is for local guide price only.
6. Goods sold marked VAT Marginal are supplied by Viberstore Group Limited, all payments received under VM sales are recorded and paid to Viberstore Group.
Our Liability & Risk:
in these Terms and Conditions or elsewhere will exclude or limit our
liability for death or personal injury caused by our negligence or any
liability for fraudulent misrepresentation or fraud or liability which
we are responsible for in relation to consumer protection rights or for
any other matters which it would be illegal for us to exclude. Your
statutory rights are not affected.
the extent that we are liable to you in respect of breach of contract,
for negligence or for any other legal liability in relation to our
agreement with you or otherwise, our total liability to you will be
limited to three times the value of the device which is the subject of
the liability, (as determined by us in accordance with our usual
valuation procedures) and any losses which are foreseeable as a direct
consequence of us breaking our agreement with you.
unless we explicitly state elsewhere, we shall not be responsible for
any indirect or special losses which happen as a side effect or
consequence of any main loss or damage or for anything which we or you
could not reasonably anticipate. This includes but is not limited to the
following, however they arise:
1. direct loss of profit and indirect loss of profit;
2. loss of income or revenue;
3. loss of savings;
4. loss of data.
5. loss of use of money.
losses which you incur as a result of a failure by you to comply with
your obligations under these Terms and Conditions, including without
limitation, third party charges which are raised for your account as a
result of a failure to adhere to Clause 7 of these Terms and Conditions.
WE ALWAYS TRY TO GET OUR PRODUCTS OUT NEXT DAY AND OR TO OUR CUSTOMERS ASAP, BUT PLEASE ALLOW UP TO 10 WORKING DAYS FOR DELIVERY.
will not be, in any way responsible to you, for a failure to sell you a
device or otherwise for a failure to comply with our obligations under
these Terms and Conditions or for any costs or liabilities which you
incur as a result of any circumstances beyond our reasonable control
including but not limited to any act of God, flood, fire, trade dispute,
lack of third party materials or services or terrorist acts.
agreement between you and us is binding. You may not transfer or assign
your rights or obligations to another person without our express
agreement. We may transfer or assign our rights and obligations under
the agreement or appoint third parties to assist us in performing our
obligations at any time provided that this will not reduce our
obligations to you.
any Clause of these Terms and Conditions is found in any way to be void
by a Court or other competent authority, then all other Clauses will
continue to apply.
either we or you do not at any time act on any rights which we have
under these Terms and Conditions, then it will not affect the rights of
either of us to enforce any rights at a later stage. In addition, if
either of us chooses not to rely on a right which we have, it will not
affect any of the other rights which either of us has.
Terms and Conditions and the agreement between us is subject to Irish
law and both we and you agree that any dispute arising under or
connected to it will be decided by the Irish courts.
changes to the Terms and Conditions will bind either of us unless we
agree to them in writing. We may amend these Terms and Conditions at any
time and without notice to you. Any change will take effect immediately
after being posted on the website and will be deemed to be accepted by
any person who uses the website. Where you have already placed a sales
order which we have accepted, the agreement between us will be deemed
subject to the version of the Terms and Conditions which were in place
at the time at which you placed your sales order.
in these Terms and Conditions seeks to exclude or limit any rights
available under applicable law which cannot be excluded or limited. This
means that these Terms and Conditions will not change any rights which
the law grants to you which the law does not allow us to change or
notice you send to us will be deemed delivered as follows, depending on
how you send it: on the day on which it is left if you deliver the
notice by hand; or on the day on which it is received by us if you post
the notice; or on the day on which it is sent correctly if by email; and
in each case it should be sent to the addresses set out below.
person who is not party to these Terms and Conditions shall have no
right under the Contracts (Rights of Third Parties) Act 1999 to enforce
any term of it which means that only we and you have rights under them.
This does not affect any right or remedy of any person which exists or
is available otherwise than under that Act.
Conditions of Use form the entire agreement and understanding between us
in respect of its subject matter and will supersede and replace any
prior agreements, understandings or arrangements whether written or
verbal. We each acknowledge that in entering into the agreement neither
of us has relied on any representation or promise given by the other or
implied from anything said or written other than as specifically set out
have a procedure for investigating complaints and for dealing with
queries about our website.
Unit 16 Oak Road
Dublin 12 Ireland.
laws require that some of the information and communications which we
send to you should be in writing. When using this website, you accept
that communications with us will be mainly electronic. We will contact
you by e-mail or by providing you with information by posting notices on
our website. For contractual purposes, you agree to this electronic
means of communication and you acknowledge that all contracts, notices,
information and other communications that we provide to you
electronically, comply with any legal requirement that such
communications should be in writing. This does not affect your statutory
rights. Please ensure that you check your emails on a regular basis for
updates on the sale of your device. We do not accept responsibility for
any emails which are not received successfully, where the email address
is incorrectly spelt or that are redirected or deleted by spam filters.
time to time, new industry standards, guidelines and rules may be
released. We reserve the right, at any time and without notice, to
change our business processes and procedures and these Terms and
Conditions in order to adhere to such standards, guidelines and rules.