Swappie Terms & Conditions for Businesses – Germany

Swappie Terms & Conditions for Business Customers

These terms and conditions apply to all orders placed by business customers with Swappie on https://business.swappie.com. If you are not a business customer, please go to https://swappie.com that is directed to consumer customers.

By placing an order, you agree to be bound by the terms and conditions set out herein. Please make sure you have read and understood these terms and conditions before placing your order. This site is intended for orders of maximum 10 devices. If you wish to order more than 10 devices, please contact us at [email protected].

  1. Definitions

Swappie refers to Swappie Oy (business ID 2692328-4, address Itämerenkatu 3 A, 00180 Helsinki, Finland), a Finnish entity.
Terms” refers to these terms and conditions.
Swappie Warranty” refers to the commercial warranty Swappie provides for its phones.
Day” refers to a business day. Weekends and public holidays are not considered business days.
FMI” refers to the Find My iPhone feature in Apple iPhones.
IMEI” refers to the International Mobile Equipment Identity.

  1. Customer

By placing an order on Swappie’s website, you agree to be bound by these Terms. You are obligated to give your full contact information when placing an order, including the company name, business ID, VAT number, name of the person ordering the products, billing and shipping address, active telephone number and email address. You are solely responsible for the accuracy of the information you provide Swappie and liable for any and all costs caused by giving incorrect contact information.

By placing an order as a business customer, you confirm that you have the right to place an order on behalf of the company and are bound by these Terms. You must purchase the products for your own use as a business customer and not for the purpose of reselling the products to other businesses or consumer customers.

Customer data is stored in Swappie’s customer register and is used for maintaining and managing customer relationships. More information about the processing of personal data can be found in Swappie’s Privacy Policy, which is available on Swappie’s website.

  1. Products

Swappie sells used and refurbished mobile phones. The mobile phones are checked and refurbished by Swappie professionals before being placed on sale. Swappie grades the mobile phones based on their aesthetic condition. When placing an order, You will choose the desired model, colour, memory capacity and condition category of the mobile phone you wish to purchase. The mobile phones we sell are used and refurbished, therefore Swappie does not guarantee that the original splash, dust and water resistance ratings (IP67 and/or IP68 certifications) remain valid.

Swappie also sells accessories for the mobile phones, such as tempered glasses and phone cases. 

We make all reasonable efforts to accurately explain the attributes of our products, including their condition and colours. 

  1. Prices

The advertised prices do not include VAT and the relevant VAT will be added in the checkout process, if applicable. The prices of the products do not include the delivery costs. The delivery cost is clearly indicated to you before placing the order, and dependent on the delivery method used. 

Swappie reserves the right to cancel the order in the event of a clear and material price error. This refers to a possible pricing error where the price of the product deviates so significantly and clearly from the normal price level of the product that the average consumer would be considered to have understood the error in question.

  1. Payment

Swappie accepts the following payment methods:

Card payment (through Adyen)

The terms and conditions of each of these payment providers shall apply to purchases made using their services. Swappie reserves the right to deny and/or cancel any order for any reason. Furthermore, in case of payment issues on your part, Swappie reserves the right to annul the sale and demand that you return the products immediately.

  1. Delivery

The current list of delivery methods can be found when placing the order. You are responsible for providing Swappie and the delivery service provider with correct information for successful delivery when placing your order, including the company address and phone number in the correct format. 

The order processing time is on average 0–1 business days after the automatic order confirmation has been sent. Delivery time is usually 1–5 business days. Weekends and public holidays are not considered business days.

The delivery times are estimates and are dependent on the delivery service provider. Swappie aims to process all orders in the time frame above where possible. However, Swappie is not responsible for any delivery delays that are beyond its reasonable control, including, but not limited to, incorrect information provided by You when placing the order, strikes, weather conditions, epidemics, quarantines or shortages of transportation fuel, energy or labour.

In case you receive a wrong or damaged product, you are required to inform Swappie about this error within 72 hours of receiving the products. Swappie reserves the right to demand additional payment on the return of the wrong or damaged products.

  1. Returns

You have a 14-day right to return. Swappie guarantees a full refund for any returned products, provided that all products are returned in the same condition they were in upon your receipt and have not been used by you. If the products are damaged in any way, Swappie will either return the products to you or offer a paid repair service for them. 

Swappie will issue a refund using the same payment method used to make the payment as soon as possible and at the latest within 5 days of receiving your products. In some cases, such as during public holidays or for other reasons, the refund process may take longer. If Swappie is unable to issue a refund using the same payment method used to make the payment, the refund will be issued via an alternative method offered by Swappie.

You are responsible for packing the products in a careful and protective manner before sending them to Swappie. The products are to be sent to us at the address and via the delivery service provider and manner specified in the instructions. You are responsible for the products until they have been delivered to Swappie.

To return your products, please contact Swappie customer service. You are required to make sure that Find My iPhone (FMI) has been disabled from the phone before sending it to Swappie. If FMI is on when Swappie receives the phone, Swappie reserves the right to charge additional delivery costs and/or service costs from You. In addition, the refund may be delayed due to FMI being on.

  1. Swappie Warranty™

Swappie provides a 12-month Swappie Warranty™ for all phones. Any detected faults covered by the Swappie Warranty™ will be repaired by Swappie. These warranty terms separately specify the cases in which the Swappie Warranty™ is void and those parts of a phone that are not covered by the Swappie Warranty™. The Swappie Warranty™ is explicitly voided if you resell the phones to third-parties.

The period of validity for the Swappie Warranty™ is 12 months, starting from the purchasing date. You are obligated to familiarise Yourself with these warranty terms of the phone before taking the phone into use.

If it is determined that the phone’s fault has been caused by you, Swappie is not liable for it. Such causes include, for example, causing physical damage to the phone, using the phone contrary to its instructions, or other negligent actions. Especially, please note the following: 

  • The battery of the phone is not covered by the Swappie Warranty™.
  • Normal wear and tear of the phone is not covered by the Swappie Warranty™.
  • The screen breaking or cracking is not covered by the Swappie Warranty™.
  • Software faults are not covered by the Swappie Warranty™.
  • Removing viruses or other malware from the phone is not covered by the Swappie Warranty™.
  • Damage to the phone caused by failure to follow instructions and/or relating to improper or unusual use of the phone is not covered by the Swappie Warranty™. 
  • Physically opening the phone will void the Swappie Warranty™.
  • Damage to the phone during shipment due to Your negligence is not covered by the Swappie Warranty™. You are responsible for properly packing the phone for shipping.
  • The Swappie Warranty™ is voided if the phone’s serial number or IMEI has been removed or otherwise made unreadable.
  • Other indirect or purely financial damages caused by the breakage of the phone, such as the destruction or corruption of data files, are not covered by the Swappie Warranty™.
  • The Swappie Warranty™ is voided if the phone’s glass/home button/camera/other features have broken due to, for example, improper and/or unusual use, such as the phone having been dropped or having hit something.
  • The Swappie Warranty™ is voided if a phone bought from Swappie has been repaired by the customer themselves or a third party without the written consent of Swappie.
  • The Swappie Warranty™ is voided if the phone is bent, has water damage, or if any features have broken due to improper use, such as the phone having been dropped or having hit something.

Swappie Warranty™ is not applicable for replacement devices.

Swappie reserves the right to charge 25€ for the delivery costs in cases where you were or should have been aware that the warranty is voided or Find My iPhone is on. In addition, Swappie reserves the right to request photos of the phone before you send it in for warranty repair.

Repair process

To send your phone to warranty repair, please contact Swappie customer service. 

You are responsible for backing up the files on the phone before sending it in for repair. You are responsible for packing the phone in a careful and protective manner before sending it to Swappie. The phone is to be sent to us at the address and via the delivery service provider and manner specified in the instructions. You are responsible for the phone until it has been delivered to Swappie and are required to handle the delivery costs. 

You are required to make sure that Find My iPhone has been disabled from the phone before sending it to Swappie. Swappie will not be able to repair the phone or offer a replacement device before FMI has been disabled.

The detected fault will be repaired by our repair service. If the availability of spare parts is poor, the parts are unreasonably expensive or the phone otherwise proves to not be worthy of repair, the phone in question will be replaced with another unit of the same model and condition. The aesthetic condition of the replacement phone will reflect the aesthetic condition of the phone that was sent to Swappie for warranty repair. Swappie’s warranty repairs take, on average, 5 business days to complete, counted from the date of arrival to our facilities. In some cases, such as during public holidays or for other reasons, the repair process may take longer. In order for the phone to be repaired within a reasonable time, the quality of the phone, availability of spare parts, quality and extent of the fault or other special technical properties must also be taken into account. 

Swappie offers paid repair services in cases where the Swappie Warranty™ is expired or the warranty is voided. In these cases Swappie will offer a free fault diagnosis and an estimate of the cost of the repair.

  1. Limitation of liability

Products are sold as they are. Swappie is not liable for any direct or indirect costs which are a side effect of the main loss or damage, for example loss of profits or loss of opportunity; or for failure to deliver the products or to meet any of our other obligations under these Terms where such failure is due to an event that is beyond our reasonable control, which includes but is not limited to fire, flood, storm, riot, civil disturbance, war, nuclear accident, terrorist activity, strikes, epidemics or quarantine. 

Swappie’s maximum liability to you for any loss or damage arising in connection with your order shall be limited to the total price of your order. The product liability for defects is limited to the possible refund of the purchase price of the product minus the benefits received. Swappie does not provide original purchase receipts from the original owner of the phone and is not liable to do so. 

Certain functions or services available on the phones sold by Swappie may require opening an Apple user account (including setting up an Apple ID user and password). You are responsible for all activity occurring on your account and securing your account information, including your password. You are forbidden at all times to use someone else’s Apple ID, password or account without the permission and agreement of the account holder. Swappie cannot and will not take any liability for the loss or damage that is caused by neglecting these responsibilities. Swappie is not liable for forgotten Apple IDs or passwords. In cases where Swappie cannot access the phone in order to repair it or issue You a refund due to a forgotten Apple ID or password, Swappie will return the phone to You.

  1. Changes to the Terms & Conditions

We reserve the right to amend these Terms from time to time without prior notice to You. The version of the Terms that will apply to your order will be those on business.swappie.com at the time you place your order.

  1. Severability

If any provision of this Agreement shall be illegal, invalid or unenforceable to any extent under applicable law, such provision shall be fully severable. The remainder of this Agreement will remain in full force and effect and will not be terminated.

  1. Entire agreement

These terms constitute the entire understanding and agreement between you and Swappie with respect to the subject matter covered and supersedes all prior negotiations, understandings, and agreements, whether written or oral, relating to the subject matter covered.

  1. Applicable law and dispute resolution

These Terms are governed by the laws of Finland without reference to its provisions on the choice of law. In case of complaints, please contact Swappie at [email protected] If You are not satisfied with Swappie’s resolution to your complaint, the matter will be referred to the Helsinki District Court in Finland. 

  1. Contact details

Swappie Oy
Itämerenkatu 3 A
00180 Helsinki, Finland
Business ID: 2692328-4
Email: [email protected]