TERMS AND CONDITIONS OF THE SELLER’S ADDITIONAL CONTRACTUAL WARRANTY
ON THE SWOPIFY.COM PLATFORM
This document sets out the detailed terms and conditions of an additional paid contractual guarantee for specific Products purchased on the swopify.com platform (both this document and
the terms of the guarantee shall hereinafter be referred to as ‘Terms and Conditions of the Additional Guarantee’).
Selected Sellers who sell Products on the swopify.com platform may offer Buyers an additional paid commercial guarantee as described below (‘Additional Seller’s Guarantee’ or ‘Additional Guarantee’) – this applies solely to purchases made from selected Sellers.
Capitalised terms used in these Additional Guarantee Terms and Conditions shall have the meanings assigned to them in the governing document, namely the Terms and Conditions of Use of the swopify.com platform for Buyers (hereinafter referred to as “Terms and Conditions”).
I. WHAT IS THE SELLER’S EXTENDED WARRANTY SERVICE?
The Extended Warranty, as described in this document, allows you to extend the standard free 12-month Seller’s warranty by a further 12 months (up to a total of 24 months). The detailed terms and conditions of the basic contractual warranty for specific Products purchased on the swopify.com Platform are set out in a separate document (https://swopify.com/de-en/guarantee).
The Seller’s Extended Warranty applies to selected Products purchased from specific Sellers via the swopify.com Platform. Information on whether a given Product is eligible for the Extended Warranty service is available on the Product page or in the shopping basket.
The contract for the provision of the Additional Seller’s Guarantee service is concluded via the swopify.com Platform using the tools made available on the Platform.
II. IS THE ADDITIONAL SELLER’S GUARANTEE SERVICE SUBJECT TO A FEE AND HOW CAN IT BE PURCHASED?
The Seller’s Extended Warranty is provided for a fee. This cover can be purchased via the swopify.com platform; however, the basic Seller’s Warranty can only be extended at the time of purchasing the Product. To do this, the Buyer selects the ‘24-month WARRANTY’ service in the shopping basket.
The fee for using the Extended Warranty service is payable in advance in accordance with the price list (the amount of the fee may depend on the initial value of the Product). The current price list for the Extended Warranty will be made available via the Platform (information on the amount of the fee will be displayed on the Product page or in the shopping basket).
The contract for the provision of the Extended Warranty service is concluded between the Buyer and the Seller, on the basis of these Terms and Conditions of the Extended Warranty. The aforementioned contract for the Extended Warranty service is concluded at the moment the service is added to the shopping basket and paid for by the Customer – subject to the provisions set out in these Terms and Conditions of the Extended Warranty.
III. WHAT IS THE TERM OF THE EXTENDED WARRANTY?
The Extended Warranty is valid for 12 months following the expiry of the Seller’s standard 12-month warranty. The term of the Seller’s Additional Guarantee is calculated from the date on which the Seller’s standard guarantee expires (as a reminder, the Seller’s standard guarantee is valid for a period of 12 months from the date of delivery, counted from the date the Product is received by the Buyer, or for any longer period specified by the Seller on the Product sheet).
IV. WHAT IS COVERED BY THE SELLER’S ADDITIONAL WARRANTY?
During the term of the Additional Warranty, the Seller guarantees to the Buyer that the Product will be free from defects in materials and workmanship; in particular, the Additional Warranty covers the device and its components and applies to the following elements: (i) malfunction of the display; (ii) malfunction of the Bluetooth, Wi-Fi or GPS module; (iii) malfunction of the proximity sensor and microphone; (iv) malfunction of the rear camera; (v) malfunction of the charging port; (vi) malfunction of the headphone jack; (vii) malfunction of the vibration function; (viii) any defects arising from causes inherent in the Product.
The Seller undertakes to provide the Buyer with:
1) a response within 24 hours on working days (excluding weekends and public holidays);
2) the presumption that any defects which become apparent during the Additional Warranty period existed at the time of delivery, unless the Seller proves otherwise;
3) a return label enabling the free return of the defective Product within 1 (one) working day (excluding weekends and public holidays) after the Buyer has completed the form available via their Account. The cost of posting the Product shall be borne by the Seller;
4) to process the complaint as quickly as possible, and in any event within 14 (fourteen) calendar days of receiving the complaint (and, where it is necessary to send the Product for the complaint to be processed, within 14 days of the Seller receiving the Product);
5) to carry out repairs as soon as possible, and in any event within 7 (seven) working days of receiving the Product(s), except: (i) in the case of heavy or bulky Products (i.e. products which, when packed, have at least one side measuring 100 cm or more in length, or products weighing 25 kg or more), the Seller has a maximum of 30 working days to repair or replace the Product; or (ii) in the case of Products for which spare parts are difficult to source on the market and the repair therefore takes longer, the deadline may be extended only by mutual agreement between both the Buyer and the Seller, arranged via the Helpdesk tool.
This Additional Warranty does not cover the replacement of the Product (including with a new one) or a refund of the purchase price.
Should it prove impossible to carry out the repair for technical reasons, including in particular where the repair costs exceed the cost of replacing the Product or where the parts necessary for the repair are unavailable for reasons beyond the Seller’s control, the Seller may offer a replacement unit.
The Extended Warranty service cannot be transferred to another device. The Buyer is obliged to exercise the rights arising from the Extended Warranty in accordance with their intended purpose and under the terms set out in these Extended Warranty Terms and Conditions.
V. WHAT IS NOT COVERED BY THE EXTENDED WARRANTY (EXCLUSIONS FROM THE EXTENDED WARRANTY)?
The Seller’s Extended Warranty is excluded in the following cases:
1) where the Product has been exposed to liquid or is mechanically damaged;
2) where one or more components of the Product have been modified by the Buyer or a third party not authorised by the Seller;
3) where the Buyer’s use of the Product goes beyond what is known as ‘normal use’, i.e. the use normally expected of a similar product.
Furthermore, normal wear and tear of the Product (damage to components subject to natural wear and tear) is not covered by the Seller’s Additional Guarantee or by a complaint (arising from the provisions regarding non-conformity of goods with the contract).
VI. HOW TO CLAIM WARRANTY SERVICE UNDER THE EXTENDED WARRANTY?
To exercise warranty rights under the Additional Warranty, the Buyer must submit a claim via their Account (after logging in) using the Helpdesk tool. Immediately after completing the claim form, the Buyer will receive a return label to send the faulty Product back free of charge.
Before sending the faulty Product in for repair, the Buyer must:
1) remove all data storage media from the Product (such as, but not limited to, SIM cards, memory cards and contactless payment stickers) and secure any data stored in the Product’s memory (including personal data or photographs), as well as log out of any accounts linked to the Product. The Product may be reset to its factory settings during repair and servicing. Please be advised that any data stored on the Product may be deleted without the content being reviewed (should such an operation be necessary). The Seller is not liable for the preservation of data stored on or contained within the Product, and does not create backups or copy data contained within the Product;
2) remove locks and other functions that prevent access to the Product – insofar as this is technically possible;
3) carefully pack the Product to be returned to the Seller so that it is not damaged during transit;
4) make the Product available for collection at the agreed time and place for transport to the service centre;
5) deliver the Product without its case or any additional accessories (such as headphones).
Instructions on how to delete personal data can be found at the following link: https://support.google.com/accounts/ (for Google accounts), and at this link: https://support.apple.com (for iCloud accounts).
VII. DOES THIS ADDITIONAL WARRANTY CONSTITUTE INSURANCE?
No, this Seller’s Additional Guarantee is not insurance, and neither the Buyer nor any third party is an insured person or beneficiary under this Seller’s Additional Guarantee. In particular, it does not apply in the event of the Product being lost by the Buyer or stolen. In addition to the rights arising from complaints (as set out in the Terms and Conditions) and the Seller’s previous standard guarantee, this Additional Guarantee does not limit, exclude or suspend the Buyer’s rights under the warranty (non-conformity of the goods with the contract). The Additional Guarantee does not constitute a warranty against physical defects within the meaning of Articles 556–576 of the Civil Code (Journal of Laws 2025.1071, consolidated text, as amended).
VIII. ASSISTANCE FROM THE SWOPIFY.COM ADMINISTRATOR
The Buyer may use the Helpdesk tool as part of the Seller’s Additional Guarantee. Accordingly, if the Seller fails to approve the resolution of a guarantee claim within 15 (fifteen) working days of receiving the Product (failure to process the claim) and if the Administrator deems the claim to be justified, the Administrator, on behalf of the Seller and after obtaining the Buyer’s opinion, shall implement one of the following solutions, depending on the Buyer’s claim: (i) repair of the non-compliant Product, (ii) return to the Buyer of a Product that complies with the ordered Product, (iii) refund of the Order value to the Buyer.
IX. WITHDRAWAL FROM THE CONTRACT FOR THE PROVISION OF THE ADDITIONAL WARRANTY SERVICE
A Buyer who is a consumer or a natural person who is an entrepreneur (a so-called ‘privileged entrepreneur’ – a natural person entering into a contract directly related to their business activity, and where the contract for that person is not of a professional nature, arising in particular from the subject matter of their business activity) may withdraw from the contract for the provision of the Additional Guarantee service, as a distance contract, within 30 days of the date of its conclusion, without giving any reason.
A notice of withdrawal from the Additional Protection Contract may be submitted, in particular, in the following ways:
1) electronically via the Helpdesk chat function, accessible via the Platform;
2) in writing – to the Seller’s address.
The notice of withdrawal from the Supplementary Protection Agreement may be worded in any form that clearly indicates the intention to withdraw from this agreement. Guidance on withdrawing from this agreement and a model form which the customer may use are provided in the annex (“MODEL NOTICE FOR WITHDRAWAL FROM THE AGREEMENT FOR THE PROVISION OF THE ADDITIONAL WARRANTY SERVICE”).
If the Buyer withdraws from the contract for the purchase of the Product for which the Additional Warranty service was purchased, the Agreement for the provision of the Additional Warranty service shall automatically expire.
In the event of withdrawal from the Agreement for the Provision of the Additional Guarantee Service, the Seller shall refund all payments received without delay, and in any event no later than 14 days from the date on which the Seller received the notice of withdrawal from the aforementioned agreement. The refund will be made using the same payment methods as those used in the original transaction, unless the Buyer has expressly agreed to an alternative arrangement.
In the event of withdrawal, the contract for the provision of the Additional Guarantee service shall be deemed not to have been concluded.
X. COMPLAINTS
Complaints relating to the provision of the Additional Guarantee service to a given Customer will be dealt with in accordance with the procedure set out below.
Complaints may be submitted via the Helpdesk communication tool. The Customer should complete the available complaint form (accessible from their Account). The deadline for resolving a complaint is 14 days.
The Administrator provides Customers with the Helpdesk communication tool, which enables them to submit a complaint online directly to the relevant Seller providing the Additional Guarantee (in accordance with the guidelines set out in this document).
In matters not covered by these Terms and Conditions of the Extended Warranty, the terms of the Terms and Conditions shall apply mutatis mutandis to the complaints procedure. For detailed information on the possibility of using out-of-court complaint handling and the pursuit of claims by an authorised entity, please refer to the aforementioned Terms and Conditions.
XI. LIABILITY
The Administrator is in no way the entity selling the Products covered by the Supplementary Guarantee. These Products are sold directly by the Seller. The Administrator acts merely as an intermediary and cannot be held liable in the event of a dispute relating to this Supplementary Guarantee provided by the Seller. The Administrator’s assistance under this Additional Guarantee does not exclude or limit the Seller’s liability towards the Buyer. If the Buyer wishes to initiate legal proceedings, they should obtain all information regarding the Seller from the relevant sales invoice or via the Helpdesk tool.
XII. PROCESSING OF PERSONAL DATA
The data controller for customers purchasing the Additional Guarantee service is the Seller providing this guarantee.
With regard to the processing of personal data in connection with the Additional Guarantee, the provisions of the Privacy Policy published on the swopify.com platform (https://swopify.com/de-en/data-protection-and-cookies) apply.