General Terms and Conditions (GTC)

Scope

These General Terms and Conditions (hereinafter referred to as "T&Cs") govern the use of the online platform Swapia (hereinafter referred to as the "Platform") by registered users.

The platform is operated by Swapia [address, city, country].

Deviating, conflicting or supplementary terms and conditions shall not become part of the contract unless Swapia expressly agrees to their validity in writing.

 

Purpose of the Platform

The platform allows users to post listings for goods and services of any kind that can be offered or purchased in exchange for cryptocurrencies to the extent legally permissible.

Swapia is not: a contracting party, intermediary, fiduciary or payment service provider. All business transactions are made exclusively between the users.

Swapia is not involved in contract negotiations or conclusion and does not assume any liability for their formation or implementation.

 

Platform services

Provision of an advertising system

Publication of advertisements in selected categories

Access via web and mobile apps (iOS / Android)

Technical support for platform features

There is no entitlement to uninterrupted availability of the platform at all times. Planned maintenance work will be announced in advance if possible.

 

Registration and User Accounts

Registration is required to create an advertisement. Users must provide truthful information.

Access data must be treated confidentially and may not be passed on to third parties.

Swapia is entitled to block or delete user accounts if there is a significant violation of these T&Cs or applicable law. Before a block, the person concerned is usually informed, unless immediate action is necessary to avert damage.

 

Usage models and costs

The use is within the framework of fee-based packages with different number of advertisements and duration.

The remuneration is due as a one-off payment at the beginning of the term.

There is no automatic renewal.

Statutory rights of withdrawal remain unaffected.

 

Right of withdrawal for consumers

Consumers have a legal right of withdrawal of 14 days for contracts concluded exclusively via means of distance communication.

A corresponding cancellation policy including a sample cancellation form will be provided during the booking process.

 

Obligations of the users

In particular, users undertake to:

only list legitimate offers that are actually available

Formulate advertisements completely and truthfully

No misleading, deceptive or manipulative information

not to publish content that violates the law or affects the trade in the following goods and services: weapons, drugs, pornographic content, glorification of violence, counterfeit products or financial instruments.

Responsibility & Liability

Swapia accepts no liability for:

content, accuracy or completeness of advertisements,

Identity or behavior of users,

Late payment, fraud or non-performance of contracts between users.

Swapia's liability for damages is excluded insofar as they are not

are based on intentional or grossly negligent conduct,

injuries to life, limb or health,

are based on breaches of essential contractual obligations ("cardinal obligations").

In the case of a slightly negligent breach of cardinal obligations, liability is limited to the foreseeable, contract-typical damage.

The advertisements and other content published by users on the Services do not reflect the opinion of Swapia and are generally not checked by Swapia for their legality, accuracy and completeness without cause. Swapia does not guarantee the accuracy and completeness of the information contained in the advertisements, nor does it guarantee the quality, safety or legality of the goods or services offered by users.

The User shall indemnify Swapia against all claims that other Users or other third parties assert against Swapia due to an infringement of their rights by advertisements and other content posted by the User on the Services or due to the User's other use of the Services. The User shall bear the costs of Swapia's necessary legal defense, including all court and attorney fees at the statutory rate. The entitlement to indemnification does not exist if the user is not responsible for the infringement. In the event of a claim by third parties, the User shall promptly and truthfully and completely provide Swapia with all information for the defence necessary for the examination of the claims and a defence against them. Any liability of the user beyond these regulations remains unaffected.

 

Term and Termination

The contract runs for the booked term and ends automatically.

Ordinary termination during the term is excluded. The right to extraordinary termination for good cause remains unaffected.

 

Changes to the T&Cs

Swapia reserves the right to amend these T&Cs at any time to the extent necessary to:

·        to eliminate subsequent disturbances of the contractual balance, or

·        adapt the GTC to changed legal or technical conditions.

Users will be informed of any significant changes in an appropriate form. The amended T&Cs will be published on the Platform. By continuing to use the platform after the changes come into force, users declare their agreement to the new regulations.

 

Applicable Law & Jurisdiction

The law of the Republic of North Macedonia applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

For consumers with habitual residence in the European Union or the European Economic Area, the mandatory legal provisions of their country of residence also apply, in particular with regard to the place of jurisdiction and consumer protection rights.

For consumers outside the EU/EEA, the law of the Republic of North Macedonia also applies. Mandatory regulations of the country in which the users have their habitual residence remain unaffected.

 

Code of conduct

To ensure serious and safe trading, the rules of play and conduct for buyers and sellers published on the platform apply. These are an integral part of these Terms and Conditions.

 

Privacy

The processing of personal data is carried out exclusively in accordance with the privacy policy, which can be accessed at [link].

 

Final provisions

Should individual provisions of these T&Cs be or become invalid, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by the statutory provision.

Cancellation

Withdrawal

You have the right to withdraw from this contract within fourteen days without giving reasons.

The withdrawal period is fourteen days from the day of conclusion of the contract.

In order to exercise your right of withdrawal, you must inform us, the

Swapia

[insert address]

[insert email address]

inform you of your decision to withdraw from this contract by means of an unequivocal statement (e.g. a letter sent by post or an e-mail). You can use the attached model withdrawal form for this, but it is not mandatory. In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

 

Consequences of revocation

If you withdraw from this contract, we shall reimburse you all payments we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which we received the notification of your withdrawal from this contract.

For this refund, we will use the same means of payment that you used for the original transaction, unless otherwise expressly agreed with you; in no case will you be charged any fees for this repayment.

If you have requested that the service should start during the withdrawal period, you must pay us a reasonable amount corresponding to the proportion of the services already provided up to the time you inform us of the exercise of the right of withdrawal with regard to this contract compared to the total scope of the services provided for in the contract.

 

Sample withdrawal form

If you wish to withdraw from the contract, please fill out this form and return it.

 

At:

Swapia

[insert address]

[insert email address]

I/we hereby revoke the contract concluded by me/us ( ) for the provision of the following service: (description of the booked service)

Ordered on: ___________________

Name of consumer(s): ___________________

Address of consumer(s): ___________________

Signature of the consumer(s) (only if notified on paper): ___________________

Date:___________________

(*) Delete what is inappropriate.

 

English

General Terms and Conditions (GTC) of Swapia

Scope

These General Terms and Conditions (hereinafter "GTC") govern the use of the online platform Swapia (hereinafter "Platform") by registered users. The Platform is operated by Swapia [address, city, country]. Deviating, conflicting, or supplementary terms shall not become part of the contract unless Swapia has expressly agreed to their validity in writing.

 

Subject of the Platform

The Platform allows users to post listings for high-value goods that can be offered or purchased using cryptocurrencies. Swapia is not: a contracting party, intermediary, trustee, or payment service provider. All business transactions take place exclusively between users.
Swapia is not involved in contract negotiations or conclusions and assumes no responsibility for their formation or execution.

 

Services of the Platform

• Provision of a listing system
• Publication of listings in selected categories
• Access via web and mobile apps (iOS / Android)
• Technical support for platform functions

There is no entitlement to uninterrupted availability of the Platform at all times. Planned maintenance work will be announced in advance whenever possible.

 

Registration and User Accounts

Registration is required in order to create listings. Users must provide truthful information. Access data must be kept confidential and may not be shared with third parties.
Swapia reserves the right to suspend or delete user accounts in the event of a significant violation of these GTC or applicable law. Generally, affected users will be informed prior to suspension unless immediate action is necessary to prevent harm.

 

Usage Models and Fees

Use of the Platform is subject to paid packages with varying numbers of listings and durations (12 or 24 months). The fee is due as a one-time payment at the beginning of the term. Automatic renewal does not take place. Statutory withdrawal rights remain unaffected.

 

Right of Withdrawal for Consumers

Consumers have a statutory right of withdrawal of 14 days for contracts concluded exclusively by means of distance communication. The corresponding withdrawal policy, including a model withdrawal form, is provided during the booking process.

 

Obligations of Users

Users undertake in particular to:

• post only lawful, actually available offers,
• provide complete and truthful descriptions in listings,
• refrain from misleading, deceptive, or manipulative statements,
• not publish content that violates laws or relates to the trade of the following goods: weapons, drugs, pornographic content, glorification of violence, counterfeit products, or financial instruments.

 

Responsibility & Liability

Swapia assumes no liability for:

• the content, accuracy, or completeness of listings,
• the identity or conduct of users,
• payment delays, fraud, or non-performance of contracts between users.

 

Liability of Swapia for damages is excluded unless:

• based on intent or gross negligence,
• relating to injury to life, body, or health,
• involving the breach of essential contractual obligations ("cardinal obligations").

In cases of slight negligence involving cardinal obligations, liability is limited to foreseeable, contract-typical damages.

 

Term and Termination

The contract runs for the booked term and ends automatically. Ordinary termination during the term is excluded. The right to extraordinary termination for good cause remains unaffected.

 

Amendments to the GTC

Swapia reserves the right to amend these GTC if necessary to:

• eliminate subsequent disruptions to the contractual balance, or
• adapt the GTC to changed legal or technical conditions.

Users will be informed of amendments at least 30 days before they take effect by e-mail. Users have the right to object within 30 days. If no objection is made, the changes are deemed accepted. Users will be separately informed of their right to object and the consequences of remaining silent.

 

Applicable Law & Jurisdiction

The law of the Federal Republic of Germany applies. For consumers with their habitual residence in the EU, the statutory places of jurisdiction at their residence apply.

 

Code of Conduct

To ensure serious and secure trading, the rules of conduct for buyers and sellers published on the Platform apply. These form part of these GTC.

 

Data Protection

The processing of personal data is carried out exclusively in accordance with the Privacy Policy, available at [link].

 

Final Provisions

Should any provision of these GTC be invalid or become invalid, the validity of the remaining provisions shall remain unaffected. In place of the invalid provision, the statutory regulation shall apply.

 

Withdrawal Policy

Right of WithdrawalYou have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the date of conclusion of the contract. To exercise your right of withdrawal, you must inform us.

 

Swapia [insert address][insert e-mail address]

by means of a clear statement (e.g., a letter sent by post or an e-mail) of your decision to withdraw from this contract. You may use the attached model withdrawal form, but this is not mandatory. To meet the withdrawal deadline, it is sufficient that you send the notification of exercising the right of withdrawal before the withdrawal period expires.

 

Consequences of WithdrawalIf you withdraw from this contract, we will reimburse you for all payments we have received from you, including delivery costs (except for additional costs resulting from your choice of a type of delivery other than the least expensive standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which we received your withdrawal notice.
For this reimbursement, we will use the same payment method that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this reimbursement. If you requested that the service begin during the withdrawal period, you must pay us an appropriate amount corresponding to the proportion of services already provided up to the point in time at which you informed us of the exercise of the right of withdrawal, relative to the total scope of the services provided for in the contract.

 

Model Withdrawal Form
(Complete and return this form only if you wish to withdraw from the contract)

 

To:
Swapia [insert address][insert e-mail address]

I/we () hereby withdraw from the contract concluded by me/us () for the provision of the following

Service: (Description of the booked service)

Ordered on: ___________________Name of consumer(s): ___________________Address of consumer(s): ___________________Signature of consumer(s) (only if submitted on paper): ___________________Date: ___________________(*) Delete as applicable