Terms and Conditions
Last updated: 22.11.2020
Welcome to Swishi.ch!
These terms and conditions outline the rules and regulations for the use of Swishi‘s Website, located at https://www.swishi.ch/.
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements: “Client”, “You” and “Your” refers to you, the person logging on this website and compliant to the Company’s terms and conditions. “The Company”, “Our Service”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services, in accordance with and subject to, prevailing law of Switzerland. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
1. Description of the Service
Swishi is a Marketplace and Recommerce Platform for individuals and businesses, making it easy to explore different ways to give items a second life. Our unique matching function connects users to sustainable trading options. These options include offers and wanted listings of items, second-hand shops, recycling programmes, take-back schemes, donations, repair shops, upcyclers, rentals, events and swaps. We empower a sustainable lifestyle and support the circular economy transition, by presenting a range of possibilities to extend product lifecycles and reduce waste.
The service providers included in our marketplace are not rated by us. For the time being, “Swap” listings are only available for items. At the moment “Swap” listings are not yet supported for businesses, as most businesses offering swapping services are categorized in the “Events” category.
Unless otherwise stated, Swishi and/or its licensors own the intellectual property rights for all material on Swishi.ch. All intellectual property rights are reserved. You may access this from Swishi.ch for your own personal use subjected to restrictions set in these terms and conditions.
You must not:
- · Sell, rent or sub-license material from Swishi.ch
- · Reproduce, duplicate or copy material from Swishi.ch
- · Redistribute content from Swishi.ch
Links to other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by Swishi. Swishi has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that Swishi shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
Content and Content Liability
We shall not be held responsible for any content that appears on your Website. You agree to protect and defend us against all claims that is rising on your Website. No link(s) should appear on any Website that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.
Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for complying with all applicable laws and regulations. Content you post must comply with our policies and should not include Prohibited Content. Failure to comply may result in the removal of listings, and a variety of consequences. We may take additional action on your account if you repeatedly post content that violates our policies. We reserve the right to remove, reject, or approve any listing for any reason, in our sole discretion. If your listing has been rejected for violating our policies, and you feel it was a mistake, you can request a review by contacting us and we’ll take another look.
The following content is explicitly prohibited. The list is not exhaustive and Swishi reserves the right to add to the list at any time. It is prohibited to promote the following:
2. Foods & Ingestible Supplements
4. Services & Jobs
5. Digital Products and Subscriptions
6. Digital Media and Electronic Devices encouraging streaming digital content in an unauthorized way or interfering with electronic device functionality
7. Recalled Products
8. Adult Products and Products/Services with Overtly Sexualized Positioning
9. Human Exploitation/Trafficking and Sexual Services
10. Discrimination (Listings and chats must not discriminate against people based on personal characteristics, included but not limited to, ethnicity, color, religion, national origin, sex, age, sexual orientation, disability, or marital status.)
11. Third-Party Infringement including but not limited to, the sale of counterfeits, goods copying a trademark, and/or imitating a genuine product.
12. Stolen Goods
14. Documents, Currency, and Financial Instruments
15. Misleading, Offensive, False, or Deceptive Content
16. Hazardous Materials, Goods and Substances
17. Weapons, Explosives, and Ammunition
18. Prescription Products, Drugs, and Drug Paraphernalia
19. Healthcare Devices and Medical Products
20. Tobacco Products and Related Paraphernalia
21. Body Fluids and Parts
Comments and Information
Parts of this website offer an opportunity for users to post and exchange opinions and information in certain areas of the website. Swishi does not filter, edit, publish or review Comments prior to their presence on the website. Comments do not reflect the views and opinions of Swishi, its agents and/or affiliates. Comments reflect the views and opinions of the person who post their views and opinions. To the extent permitted by applicable laws, Swishi shall not be liable for the Comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.
Swishi reserves the right to monitor all Comments and to remove any Comments which can be considered inappropriate, offensive or causes breach of these Terms and Conditions.
You warrant and represent that:
- · You are entitled to post Comments on our website and have the necessary consents to do so;
- · The Comments do not invade any intellectual property right, including without limitation copyright, patent or trademark of any third party;
- · The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material which is an invasion of privacy
- · The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.
You hereby grant Swishi a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.
Hyperlinking to our Content
The following organizations may link to our Website without prior written approval:
- Government agencies;
- Search engines;
- News organizations;
· Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses.
These organizations may link to our home page, to publications or to other Website information so long as the link:
(a) is not in any way deceptive;
(b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and
(c) fits within the context of the linking party’s site.
We reserve the right to request that you remove all links or any particular link to our Website. You agree to immediately remove all links to our Website upon our request. We also reserve the right to amend these terms and conditions and it’s linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.
Without prior approval and written permission, you may not create frames around our Webpages that alter in any way the visual presentation or appearance of our Website.
Swishi is not responsible should a dispute occur during a trade, including but not limited to payment dispute, failure to deliver item, or cancellation of a meeting. Swishi is positioned as a third party providing a platform to connect you to sustainable trading options which you can interact with in a marketplace. As the owner of a marketplace, Swishi is a third party. Swishi does not represent you in specific trades or transactions. Swishi does not control and is not liable to or responsible for the quality, safety, lawfulness or availability of the products or services offered on Swishi.ch, or the ability of anyone to complete a sale, or the ability to complete a purchase.
Our Swishi Service Options are described and explained on our website. Once you have reached the listings limit, you can purchase another Service Option, to post the described limited number of listings and see potential matches/trading options. Certain Service Options require payment before you can access them. We may also offer special promotional plans and memberships through the Swishi Service.
We may introduce changes to our Fees Policies by posting those on the Swishi website 14 days in advance. We reserve the right to modify, terminate or otherwise amend our offered subscription plans and promotional offerings at any time according to these Terms.
In order to use Swishi Service and access any Content, you must be 18 or older, or be 13 or older and have parent or guardian consent.
6. Disclaimer of Warranties and Limitation of Liability
Swishi Services and all content included on or otherwise made available to you through Swishi.ch are provided by Swishi on an “as is” basis, unless otherwise specified in writing. Swishi makes no representations or warranties of any kind, express or implied, as to the operation of Swishi Services or the content included on or otherwise made available to you through the Swishi Services, unless otherwise specified in writing. You expressly agree that your use of Swishi Services is at your sole risk.
To the full extent permissible by law, Swishi disclaims all warranties, express or implied, and will not be held liable for damages as a result of, including but not limited to damages caused by inaccurate content, financial damages caused by service downtime, or damages caused by viruses or malware.
7. Termination of your Account
Swishi blocks access to abusive users to protect our marketplace. Swishi reserves the right to refuse service, terminate accounts and remove, edit or cancel orders at its sole discretion. If you are under 18, you may use Swishi only with involvement of a parent or guardian. Unless both you and Swishi expressly agree otherwise in writing, either of us may terminate this Agreement in our sole discretion, at any time, without explanation, upon written notice to the other, which will result in the termination of the other Terms of Service as well, except as otherwise provided herein. You may provide written notice to firstname.lastname@example.org
We reserve the right, at our sole discretion, to modify or replace these Terms at any time.
9. Choice of Law and place of jurisdiction
Applicable law is Swiss law. The place of jurisdiction for all disputes is Geneva.
10. Contact Us
If you have any questions about these Terms, please contact us.
Impressum / Legal Notice:
Contact Address :
Chemin du Connétable 6a
CH – 1223, Cologny, Switzerland