Terms of Sale – Swappie.com – France

Swappie Sales Terms and Conditions

These terms apply when selling Your Phone to Swappie on the Swappie website. If You are not a private individual, please contact us at info@swappie.com.

Please read these terms carefully before selling Your Phone to Swappie. By filling in the sales form and selling Your Phone to Swappie, You agree to abide by Swappie’s terms. Swappie may, at its sole discretion, accept or reject the sale.

1. Definitions 

Swappie” refers to Swappie Group.

Swappie’s Facilities” refers to the relevant Swappie’s operations facility where Swappie instructs You to send your Phone (currently located in Helsinki Finland, Tallinn Estonia and Leipzig Germany). 

You” refers to the seller of the Phone. 

Phone” refers to the iPhone being sold by You to Swappie.

Terms and Conditions” refers to the Swappie Sales Terms and Conditions.

Payment” refers to the payment You receive from Swappie for the Phone sold to Swappie.

Day” refers to a business day. Weekends and public holidays are not considered business days.

Package” refers to the package sent by You to Swappie containing the Phone being sold to Swappie.

Bank Information” refers to the bank information You provide to Swappie for payment purposes.

FMI” refers to the Find My iPhone feature in iPhones.

IMEI” refers to the International Mobile Equipment Identity.

2. Seller

By selling Your Phone to Swappie and agreeing to Swappie’s Terms and Conditions, You are confirming that You are a private individual based in the EU area and legally capable of entering into a binding contract.

You are obligated to give Your full contact information, including Your name, billing and shipping address, active telephone number and email address. In addition, Swappie reserves the right to request from You additional information in relation to sales payments through our banking service. This information may include Your date of birth, place of birth and nationality/citizenship. You are solely responsible for the accuracy of the information You provide Swappie and are liable for any and all costs caused by giving incorrect contact information or banking information. If You do not provide the requested information within 14 days the Phone may be returned back to You and You will be liable for the shipping costs.

By selling Your Phone to Swappie, You confirm that You are the owner of the Phone, the Phone has been used by You and You have the full right to sell and profit from it.

By selling Your Phone to Swappie, You confirm that You are of the required legal age to sell and profit from the Phone You attempt to sell to Swappie. If You are under the required legal age, You have obtained Your parent’s or guardian’s consent to sell Your Phone to Swappie.

By selling Your Phone to Swappie, You give Swappie full rights to investigate the Phone(s) for any missing parts and or damage. This may require Swappie to physically open the Phone(s).

Customer data is stored in Swappie’s customer register and is used for maintaining and managing customer relationships. More information about the processing of personal data can be found in Swappie’s Privacy Policy.

3. Terms of Sale

Sales orders are valid for a maximum of 14 days from the date of submission. After that time, Swappie has the right to update the price based solely on its own discretion.

Once Swappie has received your Phone and inspected it, Swappie may update the price offer based on the condition of the Phone to reflect its value at the time of inspection. If the price estimate is changed, Swappie will request your acceptance to the final price offer or you can choose to have your Phone returned to you free of charge.

Swappie reserves the right to ask for further details regarding the ownership of the Phones and proof of Your identity. Swappie reserves the right to refuse the transaction at any point, especially in cases where we detect suspicious activity or suspect fraud.

The Package sent to Swappie should contain only one (1) Phone. If You are selling multiple Phones to Swappie, please pack them in separate packages. Packages which have more than one (1) Phone are considered dangerous goods, and You will assume all risk and responsibility if you incorrectly ship more than one Phone to Swappie.

After Swappie has received Your Package and once the final price offer has been accepted by You, the ownership of the Phone is immediately transferred to Swappie. You can cancel the sale at any time before sending the Phone to Swappie.

Any sale order and shipment made on Swappie’s website using a label provided by Swappie is under Your responsibility until the Package has been delivered to Swappie’s Facilities. You are free to choose any other shipping provider at Your own risk and expense. If using another shipping provider, You must still include the Swappie shipping label inside the Package as this is how we identify Your Phone.

Please note that Swappie uses different shipping providers depending on the location, and the insurance policies of those shipping providers differ. For more information on the insurance policies visit the website of the applicable shipping provider.

You have the responsibility to take care of the content of the Package and its packing. Swappie does not take any responsibility if the Package gets lost or damaged during transit to Swappie’s Facilities. Do not send us any additional items (eg. original Apple box, SIM cards, cables, cases, etc.) with the parcel. Any additional items will be automatically discarded and not returned to you.

In case there is any issue with the delivery of the Package, Swappie may initiate an investigation on Your behalf directly with the respective shipping company and provide You with further information afterwards.

You are liable for the shipping costs for returning the Package if the Phone turns out to be a non-original Apple product, the Phone has previously been disassembled and reassembled with non-original Apple spare parts, the content of the Package is not a phone, or for other reasons mentioned in these terms that prevent us from purchasing Your Phone of which You should have been aware of.

Swappie occasionally accepts intact unlisted models. In these cases, please contact us by filling in our contact form.

3.1. Condition of the Phone

Before selling Your Phone to Swappie, please erase the Phone. To erase Your Phone, go to Settings > General > Reset > Erase All Content and Settings. Note that this will erase all data from Your Phone. All Phones sold to Swappie are erased by Swappie or a partner, however Swappie will not take responsibility for Phone(s) that You have not erased in accordance with the above.

Swappie does not buy Phones that are water damaged, bent, have problems suggestive of motherboard issues, have a faulty Touch ID, have the FMI (Find My iPhone) feature on, have non-functional Face ID, have an irreparable crack in the Home button, have connectivity issues (WIFI, GPS,  SIM, or bluetooth),  or Phones that have been previously disassembled and reassembled with non-original Apple spare parts. 

You have 14 days to turn off the FMI after we have contacted You. If we do not receive an answer from You and the FMI is not turned off within 30 days of the first contact by Swappie, the Phone will be recycled.

Swappie does not buy stolen Phones. We will check the legal status of the Phone from the internationally compiled CheckMEND database.

The Phone must be an original Apple product.

3.1.1. Requirements of an Almost New Phone

  • All the features of an Almost New Phone must be fully functional.
  • The body of the Phone must be intact and not cracked or showing any signs of use.
  • All intact Phones must adhere to the following criteria:
    • The Phone must turn on and off normally.
    • The Phone must have a battery.
    • The back and cover glass of the Phone must not have scratches.
    • The screen must be intact and fully functional, and it must not contain cracks or notable scratches, any bright spots, darker areas or other colour blotches.
    • The screen glass, frame and touch screen sensor are intact.
    • The Phone must not be bent.
    • The Phone must have all original parts in it.
    • The Phone’s biometric sensor (Touch ID / Face ID) must work.
    • The display frame must correspond to the original, e.g., a model of a particular colour must have a display matching that colour.
    • The Phone must not be water or fire damaged.

If one or more of these requirements are not met, the updated price offer may decrease from the original price offer.

3.1.2. Definition of a Broken Phone 

The screen glass and/or touch screen is broken or the display has dead pixels. In addition, the Phone may also have other faults from the following list:

  • A faulty battery (the Phone does not turn on or reboots).
  • The Phone’s screen is loose.
  • There is no sound coming from the speakers or when an AUX plug is connected to the Phone.
  • One or more of the microphones do not work.
  • The volume, mute, and/or power button does not work or works poorly.
  • The front camera and/or back camera does not work or works poorly (focus issues, shakiness, or visible dark spots in the rear lens).
  • The rear or front camera lens is broken.
  • The camera flash does not work.
  • The proximity sensor does not work.
  • The back glass and/or frame is cracked or detached.
  • The charging port is faulty (the Phone does not charge or the port is loose/ malformed).
  • The vibration does not work.
  • The Phone has missing parts.
  • The force touch feature does not work.
  • The Phone is able to charge, but it does not connect to a computer (“No data” fault).
  • Wireless charging does not work.
  • NFC (Near-field Communication) chip does not work.

Note! Even if the Phone is broken, it may still have a sale value if the motherboard is undamaged.

3.1.3. Definition of a Recyclable Phone 

By default, a Phone that cannot be categorized in any of the aforementioned condition categories will fall into the category of Recyclable. More specifically, if the Phone presents one or more of the following faults, it will automatically be graded as Recyclable:

  • The Phone cannot make a call.
  • The Phone shows problems suggestive of motherboard issues:
    • The Phone does not record audio files in any format.
    • The “No service” message on the cellular indicator is showing permanently or the device doesn’t activate.
    • The Phone has non-functional GPS / Compass (“Gyro”).
    • There is a software error showing on the “Hello” screen (iTunes won’t connect to the Phone or reset factory settings).
    • There is no sound coming from the speakers or when an AUX plug is connected to the Phone, or one or more of the microphones do not work due to Audio IC issue.
  • The Phone does not connect to the network (WiFi).
  • For iPhone models 11 and above, if the replacement screen of the Phone does not meet Swappie’s standards or the screen is not original and shows the “Important Display Message”.
  • For iPhone models 12 and above, if the camera is not original.
  • The Phone is bent.
  • The Phone is water damaged.
  • The Home button is cracked and/or does not work or works poorly.
  • The Phone has a non-functional Touch ID or Face ID.
  • Bluetooth does not work. 
  • The Phone does not recognise SIM cards.
  • The Phone is operator locked. Operator-locked Phones cannot be purchased by Swappie. Swappie can offer €5 to recycle them. Swappie cannot act on Your behalf and contact the operator in order to unlock the Phone, due to Swappie’s GDPR agreement.
  • The Phone is an iPhone 7 Model A1660.

3.2. Phones not Eligible for Sale

For iPhone models 7 and below, Swappie does not offer any compensation, regardless of the state of the Phone. Any devices below this model will be recycled and cannot be returned to You. Swappie also does not buy Blacklisted or MDM locked Phones. Due to shipping restrictions Swappie cannot purchase phones with damaged batteries.

3.2.1. Blacklisted Phones

If the Phone is found to have a record that indicates it has been lost or stolen, or Swappie becomes aware of any other issues related to its ownership (e.g. Blacklisted), Swappie will notify You by email and quarantine the Phone for an initial period of 14 days (“the Quarantine Period”). Payment for the Phone will be withheld by Swappie until the CheckMEND record does not show the Phone as stolen or lost.

In such circumstances ,You will be required to contact the seller, the store, the carrier provider or the third party that sold You the Phone to prove that You are the rightful owner of the Phone, have the lost or stolen records associated with it cleared within the Quarantine Period, and resolve any other issues relating to its ownership.

If during the Quarantine Period the Phone is cleared in the CheckMEND database and any other issues related to ownership have been resolved, Your sale will be processed and paid for as normal.

However, if the Phone is not cleared in the CheckMEND database within 30 days, Swappie will recycle the Phone, and by entering into this contract, You expressly agree to this action. You will not receive any Payment if such steps are taken.

Swappie cannot under any circumstances pay for a Phone which is lost, stolen or recorded as such unless endorsed in writing by CheckMEND and by such You agree to pay any return costs involved.

If You have received Payment from Swappie for a Phone, which Swappie subsequently becomes aware of an issue relating to ownership, You agree to immediately reimburse Swappie in full, within 3 business days following a written request by Swappie, for any such payment pending an investigation by Swappie or any law enforcement body into the ownership of the Phone. 

If Swappie at any time becomes aware of any issues relating to the ownership of the Phone, You agree to cooperate with Swappie fully with a view to resolving the issue. This may or may not require contact with the police and/or other law enforcement authorities.

If the phone You sold to Swappie gets the Blacklist status after the Payment, Swappie holds the right to contact You and ask for the Payment reimbursement.

You are responsible to check the Phone’s Blacklist status and reimburse the full price to Swappie if removing the Blacklist status is impossible. After Swappie receives the Payment reimbursement, the Phone will be shipped back to you.

3.2.2. MDM (Mobile Device Management) locked Phones

MDM-locked Phones refer to the condition of a mobile device that is corporate-owned and is monitored and managed by corporate security software, normally a company or corporation. MDM-locked devices cannot be purchased by Swappie under any circumstances, because You do not own the rights to sell or profit from the device. The device will be directly sent back to You on Swappie’s account. However, should there be any reasonable doubt that You knew about the status of the Phone when submitting the order, Swappie reserves the right to charge You for the delivery costs.

4. Payment

The paid price for the Phone is based on the Phone’s model, memory and condition. Swappie tests all the Phones with industry-leading software. 

Swappie will pay the price estimate if the Phone is in the condition You have stated. The Payment may also be smaller if the Phone is in worse condition than You have stated. In the latter case, Swappie will send You a confirmation email that You need to approve in order to proceed with the Payment. Otherwise, You can ask the Phone to be sent back for free.

If You believe that the Phone returned to You is, for some reason, not in the same condition as it was when You originally sent it to us, please contact our customer service for an investigation within 72h hours after receiving the Phone back.

You have 14 calendar days to respond to Swappie’s confirmation email. After that time, the rights of ownership of the Phone will transfer automatically to Swappie. If the Package is not picked up after it has been shipped back to You, and it is returned to Swappie’s Facilities, You are responsible for covering the shipping costs if You ask for the parcel to be shipped back to You again.

Once the final price offer has been accepted by you, You release your rights to pursue any claims regarding the ownership of the Phone. You will not be able to have your phone returned and the price will be final.

You must bear in mind that You are solely responsible and liable for any mistakes regarding the Bank Information You have provided. By accepting the aforementioned clause, Swappie reserves the right to charge any bank investigation fees should You ask for further verification of transactions made to Your account. Fees must be transferred to Swappie’s bank account before Swappie proceeds with any investigation-related procedures.

You must fill in all the required details in the online sales form for Swappie to make the Payment within the promised time frame. Swappie aims to process the Payment within the next business day after the Phone has arrived at Swappie’s Facilities. However, Swappie’s checking process may be affected by unexpected circumstances which may delay the process by a few days.

Any refunds or further compensation need to be addressed by contacting Swappie’s Customer Service. Note that Swappie holds the right to decline refunds or compensation claims afterwards.

You must promptly inform Swappie’s Customer Service of any irregularities regarding the Payment. Should Swappie mistakenly pay You more than agreed, You must pay back the difference from the original amount within 7 days after the Payment was made. Swappie has the right to claim the overpaid funds and take further legal action if the situation so requires, should the amount be not transferred back to Swappie’s account in the agreed timeframe.

5. Limitation of Liability

Nothing in these Terms shall exclude or limit Swappie’s liability with regard to any matter for which it would be unlawful for us to limit or exclude our liability.

Swappie is not liable for any indirect costs which are a side effect of the main loss or damage, for example loss of profits or loss of opportunity; or for failure to deliver the products or to meet any of our other obligations under these Terms where such failure is due to an event that is beyond our reasonable control, which includes but is not limited to fire, flood, storm, riot, civil disturbance, war, nuclear accident, terrorist activity, strikes, epidemics or quarantine. Swappie’s maximum liability to You for any loss or damage arising in connection with the Service shall be limited to the total price of the Phone or Your order.

The product liability for defects is limited to the possible refund of the value of the product based on its condition at the time Swappie receives it.

6. Changes to the Terms & Conditions

We reserve the right to amend these Terms from time to time without prior notice to You.

7. Applicable Law and Dispute Resolution

These Terms are governed by the laws of Finland. In case of complaints, please contact Swappie at info@swappie.com or +32 3 808 41 47.

8. Contact Details

Swappie Oy

Itämerenkatu 3 A

00180 Helsinki, Finland

Business ID: 2692328-4

Email: info@swappie.com

Phone: +32 3 808 41 47

You have the right to contact Swappie at any time should there be any issues regarding the Agreement between You and Swappie. If You are unable to download the shipping label, or if You experience any other problems, please contact our customer service at info@swappie.com or +32 3 808 41 47.