Terms of service

 

Welcome to our site, with URL address https://swapup.com.au/ (the 'Site' or the 'Website'), that is owned and operated by SwapUp, ABN 79230990989.

The terms ‘us’ or ‘our’ or ‘we’ refers to SwapUp, the owner of the Website, whose registered office is in New South Wales, Australia. The term ‘you’ or ‘your’ refers to the Website user.

These terms and conditions as well as our privacy policy constitute an agreement between SwapUp and you, the visitor, governing your access and use of SwapUp Website and any of our related domain names. By accessing or using our website or registering with us, you acknowledge that you have read, understood and agree, without limitation, to be bound by these terms and condition. You should be aware that your use of the Website is at your sole risk and you agree that you will be personally responsible for your use of our Website and for all of your communication and activity on our Website.

If you do not agree to the terms and conditions of service set out below, we recommend that you do not use this site.

Pricing & Payment
All prices displayed on https://swapup.com.au/ are in Australian Dollars (AUD). Where applicable, Goods and services tax (GST) is included in the displayed price of all items. Purchase price of our gift cards are exclusive of GST. Pricing may be changed at our discretion and without notice.

Order Placed with SwapUp and Availability of Items
We aim to dispatch all orders within 3 business days from the date you placed the order. ‘Business days’ means a day which is not a Saturday, Sunday or public holiday in New South Wales, Australia.

We reserve the right not to accept your order in the event, for example, that we are unable to obtain authorisation for payment, that shipping restrictions apply to a particular product, that the product ordered is out of stock or does not satisfy our quality control standards and is withdrawn.

In the rare event that an item of clothing listed for sale on SwapUp Website is no longer available, a representative from SwapUp will contact you at the earliest possible convenience, allowing you the option either to select an alternative item or to cancel your order.

Returns & Refunds
SwapUp do not offer refunds for change of mind returns. If you decide that an item that isn't quite the right fit for you or your child, please visit your returns page to process a return request. All returns must be sent back within 14 calendar days from the date of delivery. In exchange, we will issue you with store credit through SwapUp e-giftcard within 5 days of the items arrival at our facility.

To qualify for a refund, all items must be in the same condition in which you received them (New with Tags items must be returned with original tags attached). Original shipping charge is not refunded when returning items. You cannot claim any more benefit than the amount paid for the item, as we do not refund promotions and discounts. Final sale items are not returnable.

Strictly no returns will be accepted for orders with delivery addresses located outside of Australia.

In the rare event where we have listed an item incorrectly or there is a problem with your order, we will make it right. Email us at hello@swapup.com.au or reach out to us via contact form explaining the situation and we'll get back to you as soon as possible.

Product Colour Portrayal
We have made all effort to display as accurately as possible the colours of our products that appear on our Website. All items listed for sale are photographed with consistent background and lighting. Please be aware that, due to a wide variety of computer monitor and device screen settings, true colours of items may not be accurately reflected. SwapUp cannot be held responsible for any colour discrepancies by interpretation, including when the colour on delivery varies to the colour you saw on your screen but the colour confirms to the description displayed on our Website.

Shipping & Delivery
We use third-party shipping companies (“3PL”) to send items from, and to receive items at our storage centre, in accordance with the terms and conditions between us and any such 3PL.

The total Shipping Fee will be visible before making the payment for the shipment. The Shipping Fee only applies to shipments to addresses within Australia.

More information regarding our delivery policy can be found here.

Discounts
Discount codes and/or promotions do not stack. As such, a promotional coupon / discount code cannot be applied to an order which contains discounted item(s). It is also not possible to combine multiple discount codes in one single transaction. Only one discount at a time can be applied to a single order.

General Condition

You must be polite and respectful.

At SwapUp we treat each other with respect and expect all of our customers, including sellers and consignors, to act in a professional and polite manner at all times. The consignment process is cooperative, that is when you have more to gain, so do we (and vice versa). If we don’t think we would work well with you, we reserve the right to decline working with you at any time.

Inappropriate behaviour includes physical aggression, verbal abuse, harassment, threats of any kind, and discriminatory, derogatory, or otherwise offensive communications in any form. These will not be tolerated under any circumstances.

Should SwapUp determine that a person has failed to meet the standards of behaviour expected, we may in our sole discretion take any of the following actions:

1. require any person to immediately leave SwapUp premises;
2. ban a person from entering onto any or all existing and future SwapUp premises;
3. require a customer to immediately or by any deadline collect any items;
4. ban a customer from supplying items on consignment in future;
   
5. terminate a customer's account and/or prohibit a person from holding an account with SwapUp; and
   
6. any other action SwapUp deems appropriate in the circumstances.

Any SwapUp representative may verbally notify a customer that any of the above actions are being taken in response to reported or perceived misconduct. Any decision made by SwapUp as to misconduct or corresponding remedial action is final.

Disclaimer
The product information contained on SwapUp Website is provided in good faith by its owners and operators. The information is believed to be accurate and current at the date the product information was placed on this website.

SwapUp does not warrant that your access to the network or the information contained in any content will remain error free, or that the network or the server which stores and delivers the website and its contents to you will remain free of viruses or other harmful components. By accessing the website you agree that SwapUp will not be liable as a result of any error, virus or harmful component.

Neither SwapUp nor its employees make any representation or warranty as to the reliability, accuracy or completeness of the information contained on this Website, and by accessing this Website you agree that neither SwapUp nor any of its employees will be liable for any errors or omissions in the information contained on this Website. In ordering products from this Website, you accept all responsibility for selecting a product that is suitable for your purposes. SwapUp does not warrant that a product is available or suitable for your purposes and by accessing this Website you agree that SwapUp will not be liable for any product that is not available or not suitable for your purposes or individual needs.

All unaccepted items sent to SwapUp on a consignment basis will immediately and irrevocably become Property of SwapUp and will not be returned. By sending us your items, you have accepted and agreed that the acceptance of those items to be listed on SwapUp are solely and exclusively in our discretion. Furthermore, SwapUp has full rights to decide what to do with the items which are not accepted or not listed on our platform. In line with our mission, SwapUp will try our best to channel those unaccepted / unlisted items for reuse, such as donation and recycling, before sending them to landfills as a final resort.

Links to Other Sites
Occasionally we provide links on our Website to other sites we think you will enjoy. These sites operate independently of SwapUp and have established their own privacy and security policies. For the best online experience, we strongly encourage you to review these policies at any site you visit.

Copyright, Trademarks and Other Intellectual Property
SwapUp owns the intellectual property rights in all of the content of this Website or has permission to use or display the material on this Website. You may not use, copy, display, distribute, modify, translate, reformat, incorporate into advertisements and other works, promote, create derivative works, or in any way exploit or allow others to exploit any of our website content in whole or in part except as expressly authorised by us. Please email hello@swapup.com.au if you require permission to reproduce any of the contents of this Website. Images and item descriptions posted on this Website by SwapUp are our property, and subject to copyright.

Privacy and Cookies
SwapUp recognises that your privacy is very important to you and we value the relationship we have with you. For this reason, your visit to this Website is subject to our privacy policy and we encourage you to read our privacy policy prior to purchasing our products or further using our Website.

This Website uses cookies to monitor browsing preferences. By using our Website or by agreeing to this Terms of Use, you consent to our use of cookies in accordance with the terms of our Privacy Policy.

Website Security
SwapUp takes every reasonable care to maintain the security of the our Website including but not limited to encryption, firewall, antivirus, and spyware protection to the extent that we deem advisable to protect your personal information, the integrity of the Website and conduct our business. You agree and acknowledge that we will not be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from our Website.

SwapUp disclaims all liability for any computer virus or technological problems that we do not intentionally cause or that is beyond our control. You are advised to install and maintain up-to-date security software on your computer for your further protection.

The SwapUp Website is managed by third-party services; therefore, the Website may be inaccessible from time to time.

Your Obligations and Responsibilities
In the access or use of our Website, you agree to comply with these Terms and Conditions and the warnings or instructions for access or use posted on our Website from time to time. You will always act in accordance with the Law, custom and in good faith. You may not make any change or alteration to our Website or any content or services that may appear on our Website and may not impair in any way the integrity or operation of our Website.

Limitation of Liability
SwapUp will not be liable to you or any other person or entity for any damages whatsoever arising as a result of your use of this Website in any way. Where warranties are implied by Law, you acknowledge and agree that the total aggregate liability to us is limited at our discretion to the provision of those services again, or to a refund equal to the total amount paid by you for the particular services that are the subject of the cause of action, even if those services were provided to you without cost. This limitation of liability applies to the fullest extent permitted by Law and shall survive any termination or expiration of this agreement or your use of this Website or the services found on this Website.

Items Under Consignment

We will endeavour to ensure that your items are safe and secure with us, however SwapUp takes no responsibility if an item is damaged, lost or stolen or if there is a fire, water damage as well as other unforeseen situations. Our store and warehouse have camera surveillance, all thefts will be reported to NSW police.

Indemnity
You agree to indemnify and defend SwapUp from any claims, damages, liabilities, costs, or expenses (including without limitation court costs, collection costs, and reasonable legal fees) related to:

• your unauthorised use of this Website, or products or services included or advertised on this Website, and/or
• your breach of these Terms of Use

Force Majeure
If by reason of any fact, circumstance, matter or thing beyond the reasonable control of us or you either is unable to perform, in whole or in part, any obligation under these terms and conditions, then that party is relieved of that obligation to the extent and for the period of time that it is so unable to perform and is not to be liable to the other party in respect of such inability.

Delays in SwapUp Enforcing its Rights
Any failure by SwapUp to enforce its rights under these Terms and Conditions (or which SwapUp, has the benefit of under any applicable law) or any forbearance, delay or indulgence granted by SwapUp to you will not be construed as a waiver of either parties’ rights and/or obligations under these Terms and Conditions and the applicable remedies will still be available to SwapUp.

These Terms and Conditions are Independent of One Another
If any provision of these Terms and Conditions offends any applicable law and, as a consequence is illegal, invalid or unenforceable then where the offending term can be read down so as to give it a valid and enforceable operation of a partial nature, it must be read down to the minimum extent necessary to achieve that result. In any other case, the offending term must be removed from these Terms and Conditions, in which event the remaining provisions of these Terms and Conditions will continue to operate and be valid and enforceable.

Applicable Law
This agreement is governed by the Laws of the State of New South Wales (NSW) and you consent to the exclusive jurisdiction and venue of courts within the State of NSW, in all disputes arising out of or relating to the use of this website.

You may provide notice to us by email addressed hello@swapup.com.au. SwapUp may provide notice to you via email or other electronic means.
Use of this Website is unauthorised in any jurisdiction that does not give effect to all provisions of these terms of use, including without limitation, this paragraph. If you are resident in a jurisdiction where the use of this Website is unauthorised, it is your responsibility to stop using this Website.

Feedback, comments or complaints
If you have any questions, please email hello@swapup.com.au. We endeavour to respond to all inquiries within five business days.