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In the Swopp website terms of use:
1. “terms” mean these website terms of use, any specific terms, the privacy policy and any other terms, policies or notices agreed between you and AppleTrade;
2. “we” or “us” or “ Swopp” means Swopp, whichever one applies;
3. “website” means www. swopp.co.za;
4. “AppleTrade website” means www. swopp.co.za;
5. “you” or “user” means any person who visits, accesses or uses the website.
Swopp is a brand trading within Avenir Smart Solutions (Pty) Ltd, registration number 2021/619266/07.
These terms govern your use of the Swopp website. Access to the services, content and downloads available on the Swopp website may be classified as “electronic transactions” as defined in terms of the Electronic Communications and Transactions Act, Act No. 25 of 2002(ECT Act)
1. We provide the Swopp website as a convenience to you. To use the Swopp website for services including but not limited to online shopping, browsing, product information, store locations, subscribing as a user, viewing and managing your account and orders, etc. we may require you to provide your personal information.
2. We reserve the right to change the documents and/or other materials contained on this website from time to time without notice. This Right also applies to these terms and conditions. Swopp will post the revised terms on the website. You may use the Swopp website for your personal and non-commercial use, not for republication, distribution, sale or any other use.
3. If there is a conflict of meaning between these website terms of use and any other terms, policies or notices, the specific terms, policies or notices will take preference where it applies to your use of the Swopp website.
4. The Terms make up the entire agreement between the parties. If any term is void, unenforceable, or illegal, the term will be severed and the rest of the terms will be effective.
5. Unless otherwise specified, we intend the goods and services offered on this site for citizens of the Republic of South Africa only. The terms are governed by and interpreted according to the laws of the Republic of South Africa without giving effect to any principles of conflict or law. By you ticking the “I confirm I have read and understood the ‘Terms & Conditions’ box, forms a legally binding agreement between you and Swopp.
As a user, Swopp grants you a limited, non-transferable revocable license to access and use the website subject to the terms and conditions. Your license does not extend to the website’s source code or to the source code of any software or computer program that forms part of the website. You may only use the website for personal use, limited to viewing the website, providing information to the website, downloading product information for your review from the website or purchasing goods or services from the website.
You may only use the website if, in terms of South African law, you have the legal capacity to agree.
You may only link to the website by linking to the home page of the website.
1. You, the customer, agrees and acknowledges that:
1.1 You will at all times comply with the Law(s); including the National Credit Act of 2005 and the Consumer Protection Act and/or any other applicable legislation (if it applies to the customer for the receiving, compiling and reporting of information.) Without limiting the generality of the foregoing, the customer specifically agrees that when reporting Personal and other information to Swopp;
1.2 Such information will include all mandatory data;
1.3 You will have taken all reasonable steps to ensure that the information submitted is accurate, up-to-date, relevant, complete and valid when submitting such information;
1.4 You may submit the information to Swopp, to make such information available to its associated partners, to render the services offered, and that such information is not subject to a duty of confidentiality between Swopp and the customer.
1.5 As a Visitor or User, you agree that we may electronically accumulate, keep and use the following of your information:
1.6 Internet usage information, including your Internet Protocol (“IP”) address, click patterns, browsing habits, version of software installed, system resolutions and type, plug-ins, colour capabilities, cookie preferences, language settings, search engine meta words (keywords), JavaScript enablement, unique user ID, the pages and content that you access on the Platform/Website and the dates and times that you visit the Website, besides paths taken and time spent on pages/sites within the Website (“Usage Details”); and
1.7 Additional information you may provide voluntarily, such as demographic information or data related to your favourite social networking site (e.g. the site name, address and description(s)), or information relating to your participation in Swopp competitions, promotions, studies, reviews and surveys, and additional services. (“Optional Details”).
1.8 Details submitted, when registering or transacting, to use the services on the Swopp website. You may submit optional Details to us if you upload or download certain content (or products) from the Website/Platform, enter competitions, partake in promotions, respond to reviews/surveys, subscribe to or register for specific additional services; or else use any of the optional features and functionality of the Website/Platform.
1.9 “Cookies” Information: When you access the Website/Platform, we may send one or more cookies (these are small text files containing a string of alphanumeric characters) to your computer to collect certain Usage Details. Swopp may use both session cookies (which disappears after you close your browser) and persistent cookies (which remain after you close your browser, which can be removed manually) and may be used by your browser on subsequent visits to the Website/Platform. Please note the use of cookies is a norm/standard on the internet and many major websites use them. Please refer to your web browser “Help” file to learn more about changing your cookie settings.
1.10 when you access the Website/Platform or open one of our HTML emails, we may automatically collect and record certain Usage Details from your system by using different tracking technology.
1.11 Our Website may contain electronic image requests (called a “single-pixel gif” or “web beacon” request) that allow us to count page views and to access cookies. Any electronic image viewed as part of a web page (including an ad banner); can act as a web beacon. Web beacons are typically 1by1 pixel files, (tiny unnoticeable files), but their presence can usually be seen within a browser by clicking on “View” and then on “Source.” We may also insert web beacons in HTML-formatted newsletters, which we send to “opt-in” subscribers to count how many newsletters they have read. Swopp web beacons do not gather, monitor or share any personally identifiable information about our customers. They are just the technique we used to compile anonymous information about the Website and Service.
1.12 Swopp may use any Optional Details provided by you, for such purposes as shown to you at the time you agreed to provide such Optional Details.
2. We may use your Usage Details to:
2.1 Automatically validate and/or verify your identity; for the website and transaction security purposes via Swopp or via a third-party service provider;
2.2 Automatically provide you with the latest version of the Swopp application on your system;
2.3 Remember your information so you will not have to re-enter it during your visit the next time you access the Website/Platform;
2.4 Monitor aggregate Website usage metrics such as total number of visitors and pages accessed; and
2.5 Track your entries, submissions, and status in any promotions or other activities in connection with your usage of the Website/Platform.
2.6 Swopp shall take all reasonable steps to protect the personal information of the Users and for this purpose, “personal information/personal details”; shall be defined as contained and detailed in the Promotion of Access to the Information Act 2 of 2000 (PAIA).
2.7 If you are a Swopp website user, you agree that we may also electronically gather, save and use the following information:
2.8 Name and surname, birth date, gender, identity number and /or passport number, nationality and country of residence (“Personal Information/Details”);
2.9 E-mail address, mobile number, home and delivery address and credit card billing address (“Contact Details “);
2.10 the credit or debit card number, cardholder name and expiration date you submit to Swopp website regarding your credit or debit card(s), (Credit or debit cards)
3. Swopp Website Users may collect the aforesaid information from you in the following manner:
3.1 User-provided Information: Your Personal Information/Details, Contact Details and Debit or Credit Card Details will be provided by you directly to us during your registration as a Swopp website user and/or thereafter by you actively transacting, updating or supplementing such details in your Swopp website users Account.
3.2 Swopp uses the information that Swopp website users provide (or that we collect) to operate, validate, verify, maintain, enhance and provide all the features of the Services, and as may be necessary to comply legally when conducting online payment transactions and related service provided.
3.3 We use your Debit or Credit Card Details to provide the Services (including the verification thereof when you transact with Swopp) and, should fees be charged for some Services and you have selected a credit or debit card as your means of payment, we shall debit that credit or debit card for such fees owed by you. We use your Personal Information/Details to greet you when you access your Swopp User Account, to manage and administer your use of the Services and fulfil our contractual obligations, including the verification of your identity when you transact with Swopp.
3.4 We use your Contact Details to verify your identity and to inform you of facts relating to your use of the Service(s) (e.g. notifications regarding major updates or content you have posted or downloaded from the Website/Platform, customer service notifications, and to address any copyright infringement or defamation issues); as well as to inform you, subject to obtaining your prior agreement, of competitions, promotions and special offers from us and/or any of our partners and/or affiliates.
3.5 Any user, who commits any of the offences detailed in section 85 to 88 of the ECT Act 25 of 2002 shall, notwithstanding criminal prosecution, be liable for all resulting losses or damages suffered and/or incurred by Swopp and its partners/affiliates.
4. You may not:
4.1 Provide any incorrect information to the website or Swopp;
4.2 Change, copy, decompile or reverse-engineer the website or use the website to make derivative copies;
4.3 Lease, sell, assign or in any other way to distribute the website or any information gotten from the website without the prior written consent of Swopp;
4.4 Use malicious search technology, including but not limited to spiders and crawlers;
4.5 Frame any pages of the website;
4.6 Deep-link to any pages of the website in a way to suggest that you are the owner or license of any intellectual property in the website.
4.7 Use the interactive sections of the website, for instance, forums, clubs, surveys and e-mails, to post any material which in Swopp discretion is false, defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, sexually-oriented, threatening, invasive of a person’s privacy, or otherwise violates any laws. Swopp does not have editorial control over the submission of any content to interactive sections of the website. You submit all information, including the publication of pictures and/or articles, at your sole risk and responsibility. Swopp is not liable for damages or other adverse consequences caused by the use of the submissions.
In line with the Film and Publication Board Act 3 of 2009 (FPB) as amended; to intensify the efforts to protect children from harmful images within the media, including films, exhibitions, games, the internet and other publications, the website is not targeted at children under the age of eighteen (18) and Swopp will not knowingly collect information from users in this age group.
No transaction will be concluded between Swopp and a person under the age of 18 unless written consent thereto is received by Swopp from a parent or legal guardian. Swopp, therefore, reserves it’s Right to request proof of identity before concluding any transaction. Your continued use of this website confirms that you are 18 years old or older.
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Goods may be returned within 7 days from the purchase date, however 15% restocking fee of the value of pre-owned goods will be charged, and a 20% restocking fee on “new / sealed / unopened” goods . Swopp discloses all the conditions, warranty, battery health, item name, capacities and colour(s) with clear detailed pictures of our pre-owned devices to ensure a customer is fully aware of a device’s condition, and thus a customer should take note of all the provided information before proceeding with an order. (See section 2 below)
1.1 Non-returnable/ non-refundable items:
1.1.1 Delivery and or installation costs
1.1.3 Digital content
1.1.4 Any damaged or abused items.
1.1.5 Computer and gaming software,
2. Under no circumstances will we accept returned goods where the consumer has been allowed to inspect the goods before the purchase and subsequently changed his/her mind about the goods; they have damaged the goods in negligence; the goods have been disassembled, permanently installed, physically altered, used or installed contrary to our own or the manufacturer’s instructions, and/or have been subjected to misuse or abuse.
3. We sell goods for domestic use only and for the purpose for which we manufactured them. It will also exclude normal wear and tear. If you want to return alleged defective goods in terms of a warranty, we or the manufacturer will assess the goods to determine the reason for the defect.
4. Subject to these terms, all goods carry an implied warranty by following the Consumer Protection Act 68 of 2008, (“CPA”) which gives the consumer the right to return the defective goods in terms of section 20, read together with section 56 of the CPA. Our goods also carry a manufacturers’ warranty where applicable, which will run concurrently with any warranty in terms of the law. The implied warranty on goods supplied places an obligation on Apple Trade to accept the return of unsafe or defective goods within three months of delivery. In the event of the goods not complying with requirements and standards contemplated in section 55 of the CPA, the consumer has the right to return goods to Apple Trade if:
4.1. The consumer did not examine the goods and rejected delivery of the goods for any reasons contemplated in section 19(5); and
4.2. The consumer has refused delivery of those goods because they were mixed with items that were not ordered, as contemplated in section 19(8).
5. You may cancel a sale where delivery is delayed beyond the stipulated delivery date/timeframe (or where none is specified, beyond 10 days from the order date).
6. In the unfortunate event that your purchased goods become defective, you may opt to take it to Apple Trade’s premises or arrange for collection. You are entitled to the following option of as per the CPA (after goods have been inspected and assessed):
6.1. Have such goods repaired
6.2. Have goods replaced
7. If we find the goods to not be faulty, you will be liable for all handling and shipping charges; for the collection and the re-delivery of the product to you. You will be liable if the goods are damaged or faulty because of misuse, abuse or negligence.
8. The warranty does not cover any defects caused by foreign objects or connection errors that are not part of the appliance, including but not limited to;
8.1. Use other than domestic use by the customer or his/her immediate resident family.
8.2. Failure by the customer or any other person to comply with the manufacturers’ instructions for installation, maintenance or use;
8.3. The use of accessories which have not been approved by the manufacturer;
8.4. The application and/or use of any incorrect or abnormal electrical or water supply to the appliance;
8.5. Any defect in wiring, electrical connections or plumbing which does not form part of the appliance at the time of the original purchase;
8.6. The presence in the appliance of objects which we do not intend the appliance to cope with, such as hairpins, coins and buttons in washing machines, hot food in fridges and chewing gum and wax crayons in tumble dryers;
8.7. Neglect, misuse, or wilful abuse of the appliance;
8.8. Anything related to the appearance of the appliance which does not in Swopp ‘ssole opinion prevent the device from working adequately: this includes but is not limited to cosmetic and manufacturers’ defects such as discolouring of any part of the device, paint peeling off, cracked or broken handles, plates, hinges, wheels, panels, display, body of the device or any portion of the product which is glass;
8.9. Rust or the effects of rust.
8.10. Repairs or attempted repairs of the appliance by any person other than Apple Trade or its authorised repairers;
8.11. Any modification of the appliance by any person other than Apple Trade or its authorized repairers;
8.12. Parts or items of the appliance which are expected to wear out before the extended warranty period expires, including but not limited to, batteries, filters, disposable bags, rubber or plastic hose pipes, drive or fan belts, fuses and/or light bulbs cartridges, toners or ribbons;
8.13. Fire, flood, war, civil disturbance, industrial action, acts of God or any other causes beyond the reasonable control of Apple Trade;
8.14. Any defect arising out of the design of the appliance;
8.15. Any defect caused by a lightning strike or power surges;
8.16. Blown or damaged speakers arising from misuse;
8.17. Any loss or destruction of, or any damage to any property, or any loss expense arising therefrom, or any consequential loss or any liability of nature directly or indirectly caused by or contributed to, by or arising from ionizing radiation or contamination by radioactivity from any nuclear fuel or any nuclear waste from the combustion of nuclear fuel. Combustion shall include any self-sustain process of nuclear fission, or any loss, destruction, damage or disability directly or indirectly caused by or contributed to, by or arising from nuclear weapons material.
9. With cameras, the warranty does not apply to any accessories, batteries, charges, attachable lenses or additions which do not make up the main body of the camera.
10. Apple Trade will not be liable for the costs of;
10.1. Maintenance, including cleaning, clearing of blockages and overhaul, insect infestation or paper jams;
10.2. Work covered by the manufacturers’ recall of the appliance;
10.3. Call out charges where the breakdown is not covered by the extended warranty;
10.4. And material or labour which is recoverable from the manufacturer or any person who may be held responsible in terms of any other guarantee or warranty.
11. Apple Trade will not, in any circumstances, be liable for any consequential loss or damages suffered by the customer, whether directly or indirectly related defect in the appliance to the extent permissible by law.
12. Repairs may not be effected without prior authorisation from Apple Trade if the purchaser wishes for the 3-month warranty to remain valid.
13. With an authorised repairer being called out for a fault covered by the warranty, the supplier shall pay the repairer for all labour and materials supplied in terms of the warranty, while the customer shall be liable to pay the repairer all other charges, including but not limited to the call-out charge should no defect be found in the appliance.
14. The repair will be carried out in terms of the warranty within a radius of sixty kilometres from the appointed service agent’s premises. Should the repairer be required to travel beyond this radius, we will charge the customer at the prevailing AA rate per kilometre.
15. Apple Trade’ authorised repairers reserve the right to not do house calls in areas where their safety may be at risk.
16. Certain products will contain their supplier warranty, and we advise you to keep the same and refer to the same warranty for any differences in the above.
17. Apple Trade reserves the right to inspect the goods before a return is approved. Under no circumstances will direct exchanges be conducted before assessment and approval has been completed
18. A customer should make sure that before placing their order the device has the desired software version, capability, compatibility or functionality required for their use case. Swopp may use their discretion to allow a return should the due diligence not have been conducted.
1. A sales order will only be deemed as completed once you have completed the purchase cycle, an approved payment/order confirmation is received and delivery has taken place. We will confirm your purchase order with you via your specified email. By placing a product in your shopping cart or adding a product to a wish-list does not make up a sale nor are such products, its price nor its quantities reserved. If you complete the purchase cycle for such products at a later stage Swopp cannot be held liable to honour any price changes or if such products are not available.
2. Swopp shall use reasonable attempts to make the advertised stock available at the displayed price, for the period specified. Swopp strives to ensure that we minimise out-of-stock situations and will take all reasonable measures to make your purchased product available at the advertised price or inform you of an equivalent product option. We will notify you of any delivery delays should we need to source a product. Please refer to our termination of sale process should you opt for a full refund.
Clearance campaigns might be implemented from time to time where stock is available in limited quantities. Swopp is not obliged to source stock or offer a similar or upgraded item for this sale as stock will no longer be available in future.
When you visit the Swopp Website, you consent to receive communication from Swopp electronically and agree that all agreements, notices, disclosures and other communication sent by Swopp satisfy any legal requirements, including but not limited to the requirement that such communications should be “in writing”.
2. You ensure that the goods are fit for the purpose for which you want to buy them and are in excellent condition and free of any form of defects before you take delivery of the goods. It is the responsibility of the customer to ensure, before delivery, that the goods listed on the till slip or your purchase order correspond in description, price and quantity with the goods purchased. You agree to adhere to the user/manufacturer’s instructions and ensure that you make yourself aware of all product warnings and safety instructions before the installation or use of all products purchased from Swopp. You are to keep proof of any repairs conducted and allowed by Swopp and proof of purchase on all returned goods.
3. You must make sure of all measurements and sizes before purchasing your goods, as we will not replace or refund you if the goods do not fit into the room/intended location or through a door.
4. The onus is on you to advise us if the goods are for a particular purpose when entering the transaction, and we cannot be held liable if you have not advised us of the goods particular purpose.
5. Swopp provides the website “as is” and “as available” and to the extent permissible by law disclaims warranties including but not limited to a warranty of title, merchantability, non-infringement, fitness for a particular purpose and that the website is free from defects, uninterrupted and error-free. While Swopp attempts to provide accurate and timely information, Swopp cannot guarantee this. Swopp may correct and change the website if required. The Swopp goods and services described on the website are available in RSA, through the Swopp branch network.
6. Although Swopp has tried to display the goods and their colours as accurately as possible, the displayed products and colours of the products will also depend upon your equipment and Swopp cannot guarantee that your equipment will display an accurate representation of the actual goods or their colours. Swopp will not be liable for any other website provided by any third party. It does not include all accessories shown with products for presentation in the price, nor are such products guaranteed to be available for sale by Swopp. In the event of delivery delays or out-of-stock situations, we will notify you and we will do our very best to ensure a speedy fulfillment.
7. Image Disclaimer: Where products are displayed with compatible devices, we will not include these devices as part of the sales price unless specifically identified as part of a product bundle. In all other cases, we show images to display products within a lifestyle setting and do not include part of a sales proposal including any said devices or lifestyle additions.
General Warranty
Swopp provides a limited warranty for all pre-owned Apple devices sold through our platform. This warranty covers defects in materials and workmanship for a specified period, as detailed in the individual product listing. This warranty does not cover software issues or any damage caused by the user, as outlined below.
Water Damage
Devices that show evidence of water damage, including but not limited to activated water damage indicators, are not covered under Swopp’s limited warranty. Customers are strongly advised to keep their devices away from water and moisture to maintain the validity of the warranty.
Accidental Damage
Accidental damage, including but not limited to drops, impacts, and cracked screens, is not covered under Swopp’s limited warranty. Customers are encouraged to handle their devices with care and consider purchasing third-party insurance to cover accidental damage.
Power Surge Damage
Swopp’s limited warranty does not cover damage determined to be caused by a power surge. To maintain the validity of the warranty, all devices purchased from Swopp must be charged using a surge protector. Failure to do so will void the warranty for any damage related to power surges. With prevelant “loadshedding” in South Africa, it is good practice to use surge protectors on all electronic devices, as they are not able to withstand spikes in the power supply, thus it cannot be deemed a hardware failure of the product as it is not able to withstand current beyond it’s designed operating specifications. We will that case provide a paid repair option if a claim has been made related to a power issue with a written diagnostic report from our repair contractor.
Software Issues
Swopp is not responsible for any software issues on the devices sold. Customers are advised to consult the manufacturer’s official support channels for software-related concerns.
Sealed Devices
All sealed devices sold through Swopp are covered by a standard 6-month warranty, starting from the date of purchase. These devices are considered “pre-owned” as they have been traded in, even if the original packaging remains unopened.
Network locked after purchase
In the event that a device gets network locked or blacklisted, Swopp has the obligation to exchange the device with an exact model depending on availability at that given time. Swopp gives a network guarantee 18-months from the original date of purchase and the claim is being made by the original purchaser.
Manufacturer’s Warranty
If a device still falls under the original manufacturer’s warranty, Swopp will exercise the option to have the device repaired through the original manufacturer’s authorized service channels before utilizing our own warranty service. Customers are required to cooperate with Swopp in transferring any necessary proof of purchase or warranty documentation to facilitate this process.
Unauthorized Repairs and Modifications
Any unauthorized repairs or modifications to the device will void this limited warranty. Only Swopp or an Swopp-authorized service provider should perform repairs on the device.
Return and Replacement Policy
Customers who believe their device has a defect covered under this warranty must contact Swopp’s customer service within the warranty period for a Return Merchandise Authorization (RMA). Devices returned without an RMA will not be accepted. Replacement devices are subject to availability and may be a refurbished unit of equal or greater value.
Exclusions and Limitations
This warranty does not cover consumable parts, such as batteries, unless the damage has occurred due to a defect in materials or workmanship. Cosmetic damage, including but not limited to scratches, cracks and dents, is also not covered.
Geographic Limitations
This warranty is only valid for devices purchased and used within South Africa. Devices taken out of the country may not be eligible for warranty service.
Non-Transferable Warranty
The warranty provided by Swopp is non-transferable and applies only to the original device for which it was issued. Transferring the device to another person or replacing it with another device will void the warranty.
Original Purchaser
The warranty can only be claimed by the original purchaser of the device. Proof of purchase, such as a receipt or invoice, may be required to validate the warranty claim. Any subsequent owners of the device are not eligible to claim under this warranty.
Force Majeure
Swopp shall not be liable for failure to fulfill its obligations under this warranty due to reasons beyond its reasonable control, such as natural disasters, acts of God, or civil unrest.
Disclaimer: This limited warranty is in lieu of all other warranties, whether oral, written, express, or implied. Swopp specifically disclaims any and all implied warranties, including, without limitation, warranties of merchantability and fitness for a particular purpose. No Swopp employee, agent, or distributor is authorized to make any modification or addition to this warranty.
Warranty Void Scenarios
Void Warranty: If the device is found to have issues not covered under warranty (e.g., water damage, accidental damage, unauthorized repairs), you will be notified, and the device will be returned at your expense.
All orders are shipped with The Courier Guy.You will receive your tracking number via email and SMS updates when it’s on it’s way to you.
Area | Estimated Shipping Time |
---|---|
Johannesburg | 1-Business Day |
Cape Town | 1-2 Business Days |
Durban | 1-2 Business Days |
Pretoria | 1-Business Day |
Port Elizabeth (Gqeberha) | 1-2 Business Days |
Smaller Towns | 2-3 Business Days |
Rural Areas | 2-4 Business Days |
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