Swopp Legal Terms and Policies 

1. Definitions and Interpretation

For the purposes of these Terms and Conditions (“Terms”), the following definitions shall apply:

1. 1. “Business Day” means any day of the week, excluding Saturdays, Sundays and any other day which falls on a date on which a public holiday is officially observed in the Republic of South Africa.
   2. “CPA” means the Consumer Protection Act, 68 of 2008.
   3. “ECTA” means the Electronic Communications and Transactions Act, 25 of 2002.
   4. “PAIA” means the Promotion of Access to Information Act, 2 of 2000.
   5. “POPIA” means the Protection of Personal Information Act, 4 of 2013.
   6. “Swopp”, “we”, “us”, or “our” refers to Avenir Smart Solutions (Pty) Ltd, a private company duly incorporated under the laws of the Republic of South Africa with registration number 2021/619266/07, trading under the brand name Swopp, and includes its successors-in-title and permitted assigns.
   7. “Terms” means these Terms and Conditions of Use, together with any policies, notices, disclaimers, and other terms made available by Swopp on the Website, including but not limited to the Privacy Policy, Returns Policy, Warranty Policy, and any product-specific or promotional terms and conditions.
   8. “User”, “you”, or “your” means any natural or juristic person who accesses, visits, browses, interacts with, or transacts on the Website, whether as a casual visitor or as a registered user.
   9. “Website” refers to the official Swopp website accessible at , including all pages, content, services, and features offered through swopp.co.za. 

2.1 These Terms apply to your access to and use of the Swopp Website. By continuing to browse, register, or transact on the Website, you acknowledge that you have read, understood, and agree to be bound by these Terms, which shall form a legally binding agreement between you and Swopp.

2.2 The Website, its services, and associated features are made available to you solely for your personal and non-commercial use. By accessing the Website, you consent to receiving electronic communications from Swopp, and you agree that such communications satisfy any legal requirement that communications must be “in writing” in terms of ECTA.

2.3 We reserve the right, in our sole discretion, to update, amend, modify, or replace any part of these Terms without prior notice. The latest version will be made available on the Website. Continued use of the Website following any changes constitutes acceptance of those changes.

2.4 In the event of a conflict between these Terms and any specific terms applicable to a particular product, service, or promotion, the specific terms shall take precedence to the extent of the conflict.

2.5 These Terms constitute the entire agreement between you and Swopp relating to your use of the Website and supersede any prior agreements or understandings, whether oral or written.

2.6 If any provision of these Terms is found to be unlawful, void, or unenforceable under applicable law, such provision shall be severed from the Terms, and the remaining provisions shall remain in full force and effect.

2.7 Unless expressly stated otherwise, the goods and services offered on the Website are intended solely for residents of the Republic of South Africa. These Terms shall be governed by and interpreted in accordance with the laws of the Republic of South Africa, without regard to its conflict of law principles.

2.8 By clicking the checkbox stating “I confirm I have read and understood the Terms & Conditions” or by continuing to use the Website, you consent to be legally bound by these Terms and to the formation of a valid and enforceable contract between you and Swopp.

3.1 A sales order shall be deemed to be concluded only once the full purchase cycle has been completed, including:
(a) successful submission of your order through Swopp’s online platform;
(b) receipt of full and verified payment by Swopp or confirmation of financing or payment authorisation; and
(c) formal acceptance and confirmation of the order by Swopp, followed by dispatch and delivery of the product.

3.2 The placement of a product in your shopping cart or wish-list does not constitute a binding offer or agreement to sell. No pricing, quantity, or stock level will be reserved or guaranteed until such time as the full purchase cycle is completed. If you complete the purchase cycle at a later stage, Swopp shall not be obliged to honour any prior displayed pricing or availability if the product has since become unavailable, or the price has changed.

3.3 Swopp shall make reasonable efforts to ensure that advertised stock is available at the advertised price during the promotional period or while stock lasts. However, due to the nature of Swopp’s offering (including second-hand and clearance stock), advertised quantities may be limited, and Swopp makes no guarantee regarding the continued availability of any particular item.

3.4 In the event that a purchased product becomes unavailable after the transaction has been concluded, Swopp shall notify the customer as soon as reasonably practicable and offer either:
(a) a suitable substitute of comparable quality and value, subject to your approval; or
(b) a full refund of the purchase price, in accordance with our Termination of Sale and Refund Policy.

3.5 Swopp shall not be held liable for any direct, indirect, or consequential loss or damages arising from the unavailability of stock, pricing changes, or delivery delays beyond its control. Swopp’s liability, if any, shall be limited to the refund of monies paid where applicable.

3.6 Clearance campaigns and end-of-line promotions may be subject to strict quantity limits. Once stock is depleted, Swopp shall have no obligation to source or procure additional units or to offer an alternative, replacement, or upgraded product at the same promotional price. These offers are strictly subject to availability at the time of purchase.

4.1 By accessing and using the Swopp website, you consent to receive communications from Swopp electronically. You agree that all agreements, notices, disclosures and other forms of communication sent by Swopp via email or displayed on the website satisfy any legal requirement, including the requirement that such communications be in writing, as contemplated by the ECTA

4.2 It is your sole responsibility, prior to completing a purchase, to ensure that the goods purchased are fit for the purpose intended, correspond in description and quantity to your order, and are in a satisfactory condition (make use of Swopp’s online examination) . Swopp shall not be liable for any post-delivery claims relating to discrepancies in product description, price, or condition unless notified promptly after delivery in accordance with Swopp’s returns policy.

4.3 The onus is on you to verify all relevant measurements, including but not limited to dimensions of goods and access points (such as doorways, staircases, and room clearance), prior to concluding the purchase. Swopp shall not be responsible for replacing or refunding goods that cannot be accommodated in the intended location due to sizing incompatibilities.

4.4 If goods are to be used for a specific or unusual purpose, you must notify Swopp of this requirement in writing before purchase. Swopp shall not be held liable for any failure of goods to meet such purpose where no express communication was made to this effect prior to the transaction.

4.5 The Swopp website and its contents are provided “as is” and “as available.” To the fullest extent permitted by law, Swopp makes no representations or warranties of any kind, whether express or implied, including but not limited to warranties of title, merchantability, non-infringement, accuracy, fitness for a particular purpose, or that the site will be uninterrupted or error-free. While Swopp endeavours to ensure that product information and availability are accurate, such information may be subject to change without notice.

4.6 Swopp cannot guarantee that the colours, textures, or details of products as viewed on your screen accurately represent the physical product due to device limitations, screen resolutions, and individual settings. Accordingly, Swopp disclaims liability for any variance between online representations and delivered goods, provided that such goods otherwise conform to the disclosed specifications.

4.7 Unless explicitly stated otherwise, any accessories or devices shown in product images are for illustrative purposes only and are not included in the price or sale. Product bundles will be expressly marked as such. Images used in lifestyle settings are intended for marketing context and shall not constitute part of any contractual offer.

4.8 Swopp shall not be liable for any content, warranties, or representations made on third-party websites or platforms that are not under its direct control, even where such sites are hyperlinked or referenced on the Swopp website.

4.9 Swopp’s liability for any claim, whether in contract, delict, statute or otherwise, shall be limited to direct damages and shall not exceed the purchase price paid for the item concerned. Swopp disclaims all liability for indirect, consequential, or special damages, including loss of profits, loss of use, loss of data, or business interruption, except where such limitation is prohibited by applicable law.

This Warranties and Returns policy governs all transactions involving the acquisition of pre-owned electronic equipment from Swopp, a brand operated by Avenir Smart Solutions (Pty) Ltd (registration number: 2021/619266/07). The policy is formulated in compliance with the CPA and integrates both statutory and commercial warranty provisions, ensuring transparency, customer protection, and clear procedural guidance.

5.1  Implied Warranty and Statutory Consumer Rights

5.1.1 All merchandise sold by Swopp is subject to the statutory six-month implied warranty under Section 56 of the CPA. During this period, if goods fail to comply with the standards of quality, durability, or safety set out in Section 55, the consumer is entitled to a remedy.

5.1.2 Where goods are defective within this six-month period, and not due to consumer misuse, the consumer may elect one of three statutory remedies:

• Repair of the defect,
• Replacement of the item,
• Full refund of the purchase price.

5.1.3 These statutory rights apply irrespective of any commercial or manufacturer warranties and are not waivable.

5.1.4 The consumer may not return goods under this section merely because they have changed their mind, or no longer wish to retain the goods for personal reasons.

5.1.5 In accordance with Section 56(4), the statutory remedies under this warranty will not apply where:

• The goods have been altered, disassembled, installed, or tampered with by the consumer or any third party not authorised by Swopp or the manufacturer;
• The goods were subjected to misuse, abuse, negligence, improper care, or use contrary to the manufacturer’s or Swopp’s instructions;
• The defect arose from ordinary wear and tear consistent with the nature of second-hand goods;
• The goods were used for a purpose other than that for which they are generally intended, unless such purpose was specifically disclosed to and accepted by Swopp at the time of sale;
• The goods were inspected by the consumer prior to sale and the defect relates to a condition that the consumer ought reasonably to have noticed during such inspection; or
• The goods have been damaged due to environmental factors, liquid ingress, electrical surges, or physical trauma occurring after delivery.

5.1.6 Swopp reserves the right to inspect and assess all goods returned under this section to determine whether the defect arose from a covered condition, and whether any statutory or contractual exclusions apply. The cost of such assessment will be for Swopp’s account unless the defect is determined to be excluded, in which case the consumer may be charged a reasonable evaluation and logistics fee.

5.2 Swopp’s Limited Warranty (SwoppCare – Scope and Duration)

5.2.1 In addition to the CPA warranty, Swopp provides an optional limited commercial warranty for all pre-owned devices sold on its platform. This warranty is valid for the duration specified in the relevant product listing or invoice and applies to defects in materials or workmanship only.

5.2.2 All warranties are subject to the conditions, exclusions, and limitations set out in this policy.

5.3 Exclusions from Warranty Coverage

Swopp’s limited warranty does not cover the following:

• Water Damage: Any device with evidence of liquid exposure, including activated internal indicators.
• Accidental Damage: Impact, cracked screens, negligence, or physical trauma.
• Power Surge Damage: Damage due to electrical fluctuations unless a certified surge protector was used. Diagnosis must be confirmed by a Swopp-authorised contractor.
• Software Issues: Bugs, updates, incompatibility, or performance issues related to third-party or OEM software.
• Unauthorised Modifications: Repairs, tampering, or modifications by non-authorised providers.
• Consumable Parts: Including but not limited to batteries, unless proven to have failed due to a manufacturing defect.
• Force Majeure: Failures due to events beyond Swopp’s control (e.g. natural disasters, strikes, unrest).

5.4 Sealed Devices and Manufacturer Warranties

5.4.1 All sealed (unopened) pre-owned devices are covered by a six-month limited warranty from the date of purchase.

5.4.2 If a product is still under the original manufacturer’s warranty, Swopp reserves the right to facilitate repairs through the manufacturer’s authorised channels before applying its own warranty.

5.4.3 Customers must cooperate by providing proof of purchase or required documents for warranty processing.

5.5 Network Guarantee and Blacklisting

Swopp provides an 18-month network guarantee on all devices. If a device is network-locked or blacklisted due to no fault of the user, Swopp will replace it (subject to availability), provided:

• The claim is made by the original purchaser,
• The issue arises within 18 months of the original purchase date.

5.6 Geographic Limitation and Non-Transferability

5.6.1 The warranty is valid only for products purchased and used within South Africa.

5.6.2 Warranties are non-transferable. Only the original purchaser, as per the invoice, may claim under this policy.

5.7 Condition and Expectations for Pre-Owned Goods

5.7.1 As a seller of second-hand electronics, Swopp discloses all relevant product conditions, including wear and battery health, before purchase.

5.7.2 By purchasing from Swopp, the consumer accepts the condition of the item as described. Cosmetic flaws and minor usage wear are not defects.

5.7.3 Diminished battery life or cosmetic imperfections that do not affect functionality are not grounds for return under the CPA or Swopp’s warranty.

5.8 Warranty Claim Procedure

Step 1: Contact Swopp
Email [email protected] or use the website contact form to initiate a claim.

Step 2: Preliminary Assessment
Provide proof of purchase, a description of the issue, and supporting images or video. Swopp will assess whether the issue appears valid under warranty.

Step 3: Return Merchandise Authorisation (RMA)
If the claim appears valid, an RMA will be issued. This must be included on the packaging and all communications. Unauthorised returns will be rejected.

Step 4: Shipping
Unless otherwise stated, you are responsible for the cost of shipping the device to Swopp. Swopp covers return shipping only for validated warranty claims.

Step 5: Inspection and Evaluation
Devices are evaluated by authorised technicians. If no defect is found or it is not covered, Swopp will return the item and charge:

• R299 for assessment and collection
• R100 for high-risk delivery zones

Step 6: Resolution
If the device is covered, Swopp will repair or replace it with a device of equal or greater value, subject to stock availability. Refunds are only issued if Swopp cannot reasonably repair or replace the device.

5.9 Inspection and Return Process (CPA)

5.9.1 All CPA-related return requests must include the physical return of the product for inspection.

5.9.2 Where a defect is verified, the consumer may elect repair, replacement, or refund.

5.9.3 Where misuse, wear and tear, or tampering is found, the return may be rejected, and all logistics and assessment costs will be for the consumer’s account.

5.9.4 Delays in reporting may compromise a claim.

5.10 Discretionary Returns and Change-of-Mind Policy

5.10.1 While not required under the CPA, Swopp allows returns of non-defective goods under the following conditions:

• Within 7 calendar days: R500 handling fee
• Between 8–14 days: 15% restocking fee for pre-owned items, 30% for sealed/new items.

5.10.2 Goods must be unused, undamaged, and in their original condition with packaging.

5.10.3 Delivery and insurance costs are non-refundable.

5.10.4 Swopp reserves the right to determine the acceptability of returned goods.

5.11 Warranty Exclusions and Consumer Obligations

Consumers may not claim under any warranty if:

• Damage results from drops, spills, neglect, or abuse
• Evidence of moisture, rooting, or jailbreaking is present
• Usage logs show abuse, excessive wear, or improper installation
• Repairs were performed by unauthorised providers

Swopp reserves the right to access diagnostic logs to validate the claim.

5.12 Delivery Fees and Related Limitations

Delivery and installation charges are only refundable when the product is returned due to a proven defect and where Swopp is required by law to absorb those costs. Otherwise, the consumer is responsible.

5.13 Disclosures, Limitations of Liability, and Suitability

5.13.1 Swopp discloses all known product information. The consumer must confirm suitability, compatibility, and functional expectations prior to purchase.

5.13.2 Swopp shall not be liable for indirect, special, or consequential damages unless arising from gross negligence or intentional misconduct.

5.13.3 Consumers are encouraged to retain documentation, receipts, and photos of goods upon delivery for future dispute resolution.

5.14 General Provisions

5.14.1 This policy is governed by the laws of the Republic of South Africa.

5.14.2 Any invalid or unenforceable provision will not affect the remainder of the policy.

5.14.3 Swopp may amend this policy from time to time. The policy in effect at the time of purchase shall govern any claims.

This Termination of Sale and Refund Policy governs circumstances under which a sales transaction may be cancelled after conclusion and outlines the process and conditions for issuing refunds. This Policy forms part of Swopp’s Terms and Conditions and complies with applicable South African legislation, including the CPA.

6.1. Grounds for Termination of Sale

6.1.1 A sales transaction may be lawfully terminated under any of the following circumstances:

(a) The purchased item is found to be unavailable or out of stock after the sale has been concluded;

(b) The customer exercises a right of return in terms of the CPA;

(c) Delivery has not occurred within the stipulated or reasonable timeframe, and the customer elects to cancel under Section 19(6) of the CPA;

(d) The product received materially deviates from the description, features, or condition disclosed at the time of purchase;

(e) Swopp detects fraudulent, unauthorised, or suspicious activity associated with the transaction;

(f) The customer and Swopp agree to cancel the sale by mutual consent.

6.2. Refund Entitlement

6.2.1 Upon valid termination under Clause 1, the customer will be entitled to a full refund of the purchase price unless otherwise specified or permitted by law.

6.2.2 Refunds will be processed within 10 (ten) Business Days of Swopp confirming cancellation and authorising the refund.

6.2.3 Refunds will be issued using the same payment method used for the original purchase, unless otherwise agreed in writing.

6.3. Substitute Product Option

6.3.1 If a product becomes unavailable after the sale is concluded, Swopp may offer a substitute of equal or greater value, subject to customer approval.

6.3.2 The customer must provide written consent (including email) to accept a substitute. If not accepted, Swopp will issue a full refund.

6.4. Deductions and Exceptions

6.4.1 Refunds may be subject to reasonable deductions in the following circumstances:

(a) Delivery or collection costs already incurred, where cancellation is not due to fault on Swopp’s part;

(b) Diminished value resulting from use, misuse, installation, or customer-inflicted damage;

(c) Handling or restocking fees in line with Swopp’s Change-of-Mind Return Policy.

6.5. No Refund Scenarios

6.5.1 Swopp reserves the right to reject refund claims under the following conditions:

(a) The item was materially damaged or tampered with after delivery;

(b) The return or cancellation falls outside the permitted timeframes;

(c) The customer failed to comply with Swopp’s returns or inspection procedures.

6.6. Contact Information for Refund Requests

All refund or cancellation requests must be submitted in writing via:

The contact form at e-mail to [email protected]

Please include the following:

• Full name and contact information
• Order number
• Reason for the request
• Proof of purchase and any supporting documentation

This policy governs your access to and use of the Swopp website and associated services and reflects Swopp’s commitment to protecting personal information in accordance with the POPIA, CPA, ECTA, and any other applicable legislation including the National Credit Act, 34 of 2005 and PAIA.

7.1. Website Use and Limited Licence

7.1.1 Swopp grants you a limited, non-exclusive, non-transferable, and revocable licence to access and make personal use of its website. This licence permits viewing, downloading product descriptions for private use, making purchases, and providing personal information as part of a transaction or service request.

7.1.2 This license does not include any right to access or use the source code of the website or any of its software components, nor does it authorise any modification, reverse engineering, or derivative use of the site or its contents.

7.1.3 You may use the Swopp website only if, in terms of South African law, you have the legal capacity to enter into binding agreements.

7.1.4 Linking to the website is permitted only to the home page, unless you obtain prior written consent from Swopp for deep-linking.

7.2. Legal Compliance and Data Accuracy

7.2.1 You, the user, agree to comply at all times with applicable legislation including but not limited to POPIA, the CPA, ECTA, the National Credit Act, and PAIA.

7.2.2 You undertake to provide accurate, complete, up-to-date and lawful information when submitting any personal or transactional data to Swopp.

7.2.3 You acknowledge and consent to Swopp processing your personal information for lawful purposes, including the performance of a contract to which you are party, or as required by law, in accordance with POPIA.

7.2.4 You agree that Swopp may lawfully disclose certain information to its authorised third-party service providers and partners for purposes related to processing transactions, verifying identity, delivering services, and complying with regulatory requirements.

7.3. Information Collected and Processed

7.3.1 Swopp collects and processes personal information in accordance with POPIA’s conditions for lawful processing. The information collected includes:

(a) Usage Data: Your IP address, browser type, access times, referring website addresses, usage patterns, click behaviour, session duration, device characteristics and language preferences.

(b) Optional Data: Information you choose to provide voluntarily, such as participation in surveys, competitions, promotions, or product reviews, and demographic information.

(c) Cookies and Tracking Technologies: Swopp uses cookies and similar technologies (e.g., web beacons, pixels) to enhance user experience, track browsing behaviour, and support analytics. You may disable cookies in your browser settings, although doing so may affect website functionality.

(d) Personal Information: Name, surname, identification number, contact details (email, phone, physical addresses), payment card details, and transaction history.

7.3.2 Information may be provided directly by the user or automatically collected through the website and related services. Swopp may use this information for the following purposes:

Verifying your identity and access credentials;

Processing orders and payments securely;

Delivering services and goods purchased via the platform;

Enhancing website functionality and user experience;

Detecting and preventing fraud or misuse of the platform;

Complying with legal obligations and dispute resolution processes;

Communicating with you regarding service updates, account notices, promotions (with your consent), or responding to queries.

7.4. Data Protection and Security

7.4.1 Swopp implements appropriate technical and organisational security measures to safeguard personal data against unauthorised access, loss, alteration, or disclosure. These measures include SSL encryption, access controls, secure storage systems, and regular security audits.

7.4.2 Only authorised personnel and third-party processors bound by confidentiality agreements and data processing contracts will have access to your personal data, strictly on a need-to-know basis.

7.4.3 While Swopp takes all reasonable steps to protect your personal data, you acknowledge that transmission of information via the internet is inherently vulnerable and Swopp cannot guarantee absolute security.

7.5. Consent, Retention and Your Rights Under POPIA

7.5.1 By using the website, you consent to Swopp processing your personal information in accordance with this policy. You may withdraw your consent at any time, unless such processing is required to conclude or perform a contract or comply with legal obligations.

7.5.2 Swopp retains personal data for as long as necessary to fulfil the purposes set out in this policy, or as required by applicable law, whichever is longer.

7.5.3 Under POPIA, you have the right to:

Access personal information Swopp holds about you;

Request correction, deletion or destruction of inaccurate or obsolete data;

Object to the processing of personal information under certain circumstances;

Lodge a complaint with the Information Regulator.

Requests in this regard may be made by submitting a written request to Swopp’s Information Officer.

7.6. Restrictions on Use

7.6.1 You may not:

Provide false or misleading information to the website;

Attempt to gain unauthorised access to any part of the platform;

Use the site for unlawful, defamatory, or abusive purposes;

Modify, copy, reproduce or exploit any website content for commercial purposes without Swopp’s express written permission;

Employ data mining tools, bots, or any similar data extraction or scraping technologies;

Submit any content that is offensive, discriminatory, sexually explicit, or otherwise unlawful, especially where interactive functions are provided.

7.7. Minors and Age Restrictions

7.7.1 Swopp does not knowingly market to or collect personal information from persons under 18 years of age.

7.7.2 No transactions will be concluded with any minor unless accompanied by verifiable written consent from a parent or legal guardian. Swopp reserves the right to request proof of identity and legal capacity at any time.

7.8. Breach and Liability

7.8.1 Any user who commits an offence under Sections 85–88 of ECTA (including cybercrime, unauthorised access, and denial of service attacks) will be liable for any damages or losses suffered by Swopp and may be subject to criminal prosecution.

7.8.2 Swopp shall not be liable for indirect, incidental, or consequential damages arising from your use of the website, except where such liability arises due to gross negligence or wilful misconduct on Swopp’s part.

7.9. Amendments and Contact Information

7.9.1 Swopp reserves the right to revise or amend this policy at any time in response to operational, legal, or regulatory changes. The updated version will be published on the website and your continued use constitutes acceptance thereof.

7.9.2 For any requests, concerns or complaints relating to this policy or Swopp’s handling of your personal information, please contact Swopp’s designated Information Officer via the contact form on the website or via email.

Swopp uses cookies and similar tracking technologies in accordance with the POPIA and the ECTA. This policy sets out how these technologies operate, what information is collected, and your rights as a user.

8.1 What Are Cookies?

Cookies are small data files stored on your device by your web browser. They help the site remember your preferences and activities.

8.2 Types of Cookies We Use

• Essential cookies: Necessary for site functionality and security.
• Performance cookies: Measure traffic and performance analytics.
• Functionality cookies: Remember settings and preferences.
• Targeting/advertising cookies: Used to deliver relevant advertising.

8.3 Consent and Control

By continuing to use the website, you consent to the use of cookies. Users can manage cookies via browser settings, but disabling cookies may affect site functionality.

8.4 Third-Party Services

Swopp may use Google Analytics and other third-party tools for aggregated, anonymised tracking. No personally identifiable information is shared without consent.

Swopp is committed to secure and compliant payment processing and data handling.

9.1 Accepted Payment Methods

• Credit and debit cards (via PCI DSS-compliant gateways)
• Ozow
• Apple Pay
• Float
• Mobicred
• Happy Pay
• Payflex
• MoreTyme
• Stitch Express

9.2 Security Protocols

• 256-bit SSL encryption across all payment-related traffic
• No financial information stored on Swopp’s servers
• Fraud monitoring and transaction validation layers in place

9.3 Customer Responsibilities

• Ensure personal payment details are accurate and up to date
• Keep login credentials private
• Report any suspected unauthorised activity promptly

9.4 Chargebacks and Disputes

Swopp encourages customers to resolve payment issues directly before initiating chargebacks. Unresolved disputes may result in suspension of the user account.

Swopp outlines its responsibilities and customer expectations with respect to the delivery or collection of goods.

10.1 Delivery Timeframes

• Johannesburg – 1-2 Business Days
• Cape Town – 1-4 Business Days
• Durban – 1-4 Business Days
• Pretoria – 1-2 Business Day
• Gqeberha – 1 – 4 Business Days
• Extended delivery for remote or high-risk areas may apply
• Swopp will notify you of material delays

10.2 Shipping Terms

• Shipping occurs via trusted couriers
• Risk transfers to the customer upon delivery
• Damaged or incorrect goods must be reported within 24 hours of receipt

10.3 Failed Deliveries

• Re-delivery fees may apply for unsuccessful delivery attempts due to customer unavailability or incorrect address details

10.4 Self-Collection

• Available by appointment
• Customers must present valid ID and proof of purchase

Swopp may enable features such as reviews, questions, and user forums. This policy sets expectations for the use and moderation of such content.

11.1 What Is User-Generated Content?

Any content submitted by users, including product reviews, comments, ratings, and media.

11.2 Acceptable Use

• Content must be truthful, respectful, and non-misleading
• No hate speech, defamatory content, or copyright violations
• No personal or confidential information may be shared

11.3 Moderation and Removal

Swopp reserves the right to:

• Pre-screen, edit, or remove content at its sole discretion
• Disable accounts that repeatedly breach this policy

11.4 License to Use

By submitting content, you grant Swopp a non-exclusive, royalty-free, perpetual right to use, reproduce, and display your content.

11.5 No Endorsement

Views expressed in user content are those of the individual author and not of Swopp.

Swopp is committed to fair, transparent, and prompt resolution of customer complaints in alignment with the CPA.

12.1 How to Lodge a Complaint

Complaints may be submitted to:

• Email: [email protected]
• Online form: www.swopp.co.za/contact
• No other form of communication (such as: Whatsapp, Google Reviews, HelloPeter or any other platform) will constitute a formal complaint as Swopp would require a written complaint to it’s official support channel which can only be [email protected].

12.2 Acknowledgement and Response

• Acknowledgement within 3 Business Days
• Final response within 10 Business Days unless further investigation is required

12.3 Escalation Pathways

If unresolved, you may escalate to:

• Swopp senior management; and thereafter
• Consumer Goods and Services Ombud

12.4 Record-Keeping

All complaints and responses are logged and retained for a minimum of 12 months.

12.5 Good Faith Participation

Customers are expected to provide full cooperation, accurate information, and timely responses throughout the complaint process.

Swopp.co.za Gift Card Terms and Conditions

1. Electronic Gift Cards Only: Swopp.co.za exclusively offers electronic gift cards. No physical gift cards will be issued.

2. Non-Refundable: Swopp.co.za gift cards are non-refundable. Once purchased, the value of the gift card cannot be redeemed for cash, credit, or any other form of equivalent.

3. Non-Exchangeable for Cash or Equivalents: Gift cards cannot be exchanged for cash, credit, or any other form of equivalent under any circumstances.

4. No Expiry: As per the Consumer Protection Act (CPA) of South Africa, Swopp.co.za gift cards do not have an expiration date. The balance on the gift card remains valid indefinitely, unless otherwise stated.

5. Use of Gift Card: The gift card can only be used as a method of payment for purchases on Swopp.co.za and cannot be used outside of the Swopp.co.za platform.

6. Loss, Theft, or Unauthorized Use: Swopp.co.za is not responsible for lost, stolen, or damaged gift cards. This includes online security concerns; please ensure that your gift card details are kept secure. If you suspect any fraudulent activity or unauthorized use, please contact Swopp.co.za customer support immediately. Treat the gift card as you would cash.

7. Balance Inquiry: You can check your gift card balance at any time through your Swopp.co.za account or by contacting customer support.

8. Modification of Terms: Swopp.co.za reserves the right to modify or update these terms and conditions at any time without prior notice. Any changes will be posted on the website.

TERMS AND CONDITIONS

Effective Date: Date of first Payment of subscription.

DEFINITIONS

For the purposes of these Terms and Conditions, the following definitions apply:

• “Activation Date” means the date on which the Services are activated and made available to the User.

• “Agreement” means the subscription agreement entered into between the User and the Service Provider for the provision of the Services.

• “Applicable Laws” means all laws, regulations, and legal requirements relevant to the use of the Platform and Services, including but not limited to data protection and telecommunications laws in South Africa.

• “Business Days” means any day other than a Saturday, Sunday, or public holiday in the Republic of South Africa.

• “Cancellation Policies” means the rules and procedures established by the Service Provider for terminating a subscription to the Services.

• “Content” means all text, graphics, logos, software, and other materials available on the Platform.

• “Customer Support” means assistance provided by the Facilitator or Service Provider to the User regarding the Platform or Services.

• “Data Protection Laws” means legislation governing the collection, processing, and protection of personal data, including the Protection of Personal Information Act (POPIA) in South Africa.

• “Early Termination” means the cancellation of the Agreement by the User before the end of the agreed subscription period.

• “Early Termination Fee” means the fee payable by the User to the Service Provider upon Early Termination, equivalent to two months’ Subscription Fees.

• “Facilitator” means Avenir Smart Solutions (Pty) Ltd, trading as Swopp, which acts as an intermediary between the User and the Service Provider.

• “Fraudulent Activity” means any illegal or deceptive actions, including but not limited to phishing scams, identity theft, or unauthorized use of the Services.

• “MSN” means the Main Subscriber Number, the telephone number assigned to the User as part of the Services.

• “Personal Data” means information relating to an identified or identifiable individual, as defined by Data Protection Laws.

• “Platform” means the online website or application through which the User accesses and purchases the Services, which is https://www.swopp.co.za.

• “POPIA” means the Protection of Personal Information Act, a South African law regulating the processing of Personal Data.

• “Pricing” means the cost of the Services as determined by the Service Provider and agreed upon by the User.

• “RICA” means the Regulation of Interception of Communications and Provision of Communication-Related Information Act, which governs the interception of communications and the provision of communication-related information in South Africa.

• “Service Interruptions” means any temporary disruptions or unavailability of the Services provided by the Service Provider.

• “Service Levels” means the standards of performance and quality for the Services, as specified by the Service Provider.

• “Service Provider” means Swopp Business (Pty) Ltd, the entity responsible for providing the Telkom voice and data subscriptions to the User.

• “Services” means the Telkom voice and data subscriptions provided by the Service Provider through the Platform.

• “Subscription” means the User’s enrollment in the Services for a specified period as outlined in the Agreement.

• “Subscription Date” means the date on which the User’s Subscription to the Services begins, which is the Activation Date.

• “Subscription Fees” means the fees payable by the User to the Service Provider for the Services, as specified in the Agreement.

• “Subscription Period” means the duration of the Subscription as agreed upon in the Agreement, commencing on the Activation Date.

• “Telkom SOC” means Telkom SA SOC Limited, the telecommunications provider whose network is used to deliver the Services.

• “Telkom Voice and Data Subscriptions” means the telecommunications packages provided by the Service Provider, including voice call and data services, via the Telkom SOC network.

• “User” means the individual or entity who accesses the Platform and enters into the Agreement with the Service Provider for the provision of the Services.

1. Introduction

These Terms and Conditions (“Terms”) govern the use of the online platform (“Platform”) provided by Avenir Smart Solutions (Pty) Ltd, trading as Swopp (“the Facilitator”), for the sale of Telkom voice and data subscriptions (“Services”) on behalf of Swopp Business (Pty) Ltd (“the Service Provider”). By accessing or using the Platform, you (“the User”) agree to be bound by these Terms.

2. Roles and Responsibilities

2.1 The Facilitator acts as an intermediary between the User and the Service Provider. The Facilitator facilitates the Agreement between the User and the Service Provider and processes Payments but is not responsible for the provision of the Services themselves.
2.2 The Service Provider is responsible for delivering the Services as agreed upon in the Agreement between the User and the Service Provider.
2.3 The User is responsible for providing accurate information, making timely Payments, and complying with these Terms and any additional terms set by the Service Provider.

3. Services and Number Ownership

3.1 The Service Provider offers the Services through the Platform. The specific details of the Subscription, including Pricing, Subscription Period, and Service Levels, are set by the Service Provider and agreed upon by the User at the time of purchase.
3.2 Agreement Between Parties: When the User signs up for a Subscription, the Agreement is between the User and Swopp Business (Pty) Ltd, not Telkom SOC. The Facilitator acts solely as an intermediary to facilitate this Agreement.
3.3 Ownership of Telephone Numbers: The telephone numbers (MSNs) provided as part of the Services are owned by Swopp Business (Pty) Ltd. The User does not own the MSN unless a formal transfer of ownership is completed between Swopp Business (Pty) Ltd and the User.
3.4 Transfer of Ownership: If the User wishes to obtain ownership of the MSN, they must submit a formal request to Swopp Business (Pty) Ltd. The transfer of ownership is subject to the Service Provider’s approval and may involve additional fees or conditions as determined by the Service Provider.
3.5 Delivery Timeframe and Refund for Delayed Activation:
3.5.1 The Facilitator and Service Provider aim to activate the ordered Services within 3 to 7 Business Days from the date of payment.
3.5.2 If the Service Provider fails to activate the Services within 7 Business Days from the date of payment, the User may request a pro-rated refund for the period of delay. The refund will be calculated based on the daily rate of the Subscription Fees, multiplied by the number of days of delay beyond the 7th Business Day. The daily rate is determined by dividing the Subscription Fees by the number of days in the Subscription Period.
3.5.3 To request a refund, the User must contact the Service Provider in writing within 30 days of the Activation Date.
3.5.4 The delivery timeframe may be extended due to circumstances beyond the control of the Facilitator or Service Provider, including but not limited to delays caused by the User (e.g., incomplete or incorrect information provided), force majeure events, or delays in third-party services.

4. Payment Terms

4.1 All Payments for the Services are processed by the Facilitator on behalf of the Service Provider.
4.2 The User agrees to pay the Subscription Fees as specified in the Agreement with the Service Provider. Payment methods accepted are those displayed on the Platform at the time of purchase.
4.3 If Payment for the Subscription is not received within 10 days of the Subscription Date, the Service Provider reserves the right to terminate the Subscription without notice, and the associated MSN may be discarded.
4.4 The Facilitator reserves the right to refuse or cancel any Transaction in the event of Payment Disputes or Fraudulent Activity.

5. Cancellation and Refunds

5.1 Cancellations of Subscriptions must be made in accordance with the Service Provider’s Cancellation Policies. The User must contact the Service Provider directly to initiate any cancellation.
5.2 The Facilitator is not responsible for any cancellation fees, penalties, or refunds. Any refund requests must be directed to the Service Provider.
5.3 Early Termination: The User may terminate their Agreement early by providing written notice to the Service Provider before the 13th of the calendar month. In such cases, the User will be required to pay an Early Termination Fee equivalent to two months’ Subscription Fees. If the termination request is made after the 13th of the month, the termination will take effect in the following month, and the User will be liable for the Subscription Fees for that month plus the Early Termination Fee.

6. Data Protection

6.1 The Facilitator will collect and process Personal Data in accordance with Applicable Laws, including Data Protection Laws such as POPIA.
6.2 The User consents to the collection and processing of their Personal Data for the purpose of facilitating the Agreement between the User and the Service Provider, processing Payments, and providing Customer Support.
6.3 All RICA information provided by the User will be held and managed by Swopp Business (Pty) Ltd in accordance with RICA.
6.4 The Facilitator will take reasonable measures to protect the User’s Personal Data but cannot guarantee absolute security.

7. User Responsibilities

7.1 The User is responsible for providing accurate and complete information when registering on the Platform and purchasing Subscriptions.
7.2 The User must ensure that their use of the Platform complies with all Applicable Laws.
7.3 The User agrees not to misuse the Platform, including but not limited to engaging in Fraudulent Activity, violating Intellectual Property Laws, or attempting to gain unauthorized access to the Platform.
7.4 Liability for Activity: The User is solely responsible for any activity arising from the use of the package, including but not limited to calls, messages, and data usage. The User agrees to indemnify and hold harmless Swopp Business (Pty) Ltd from any claims, damages, or liabilities resulting from the use of the package.
7.5 Prohibition of Fraudulent Activities: The User may not use the package or the assigned MSN for any Fraudulent Activity. Examples of prohibited activities include, but are not limited to:

• Phishing scams or other forms of fraud

• Identity theft or impersonation

• Unauthorized access to or use of services

• Spamming or sending unsolicited communications

• Business activities such as sending bulk SMS’s or using the number for high call volumes

• Any other activities that violate Applicable Laws
  The User acknowledges that engaging in such activities may result in immediate termination of the Subscription and legal action.

8. Intellectual Property

8.1 All Content on the Platform, including text, graphics, logos, and software, is the property of the Facilitator or its licensors and is protected by Intellectual Property Laws.
8.2 The User may not reproduce, distribute, or create derivative works from any Content on the Platform without the express written consent of the Facilitator.

9. Disclaimers and Limitation of Liability

9.1 The Facilitator makes no warranties, express or implied, regarding the Services provided by the Service Provider. The Facilitator is not responsible for the quality, reliability, or availability of the Services, including Service Interruptions.
9.2 Any disputes regarding the Services, including but not limited to Service Interruptions, billing issues, or contract disputes, must be directed to the Service Provider.
9.3 To the fullest extent permitted by Applicable Laws, the Facilitator shall not be liable for any direct, indirect, incidental, or consequential damages arising from the use of the Platform or the Services.

10. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Republic of South Africa. Any disputes arising from these Terms shall be subject to the exclusive jurisdiction of the courts of South Africa.

11. Amendments

The Facilitator reserves the right to amend these Terms at any time. Any changes will be posted on the Platform, and the User’s continued use of the Platform constitutes acceptance of the revised Terms.

12. Contact Information

For any questions or concerns regarding these Terms, please contact the Facilitator at:
Avenir Smart Solutions (Pty) Ltd t/a Swopp
[email protected]

Summary of Changes:

• Definitions Section: Added “Activation Date” and “Business Days” to clarify the timing of service activation and refund calculations.

• Section 3.5 (Delivery Timeframe and Refund for Delayed Activation):

  • Specifies that the Facilitator and Service Provider aim to activate the Services within 3 to 7 Business Days from the date of payment.

  • Allows for a pro-rated refund if activation is delayed beyond 7 Business Days, calculated based on the daily rate of Subscription Fees.

  • Includes a process for requesting the refund and exceptions for delays beyond the control of the Facilitator or Service Provider.