TERMS AND CONDITIONS FOR THE SWOPICARE ADDITIONAL PROTECTION SERVICE ON THE SWOPIFY.COM PLATFORM
(effective from 1 August 2026)
This document sets out the detailed terms and conditions under which SWOPICARE additional protection services (maintenance services) will be provided via the swopify.com platform (this document will hereinafter be referred to as the “Programme”, whilst the terms and conditions governing the provision of the specified additional protection services will hereinafter be referred to as the “Protection Programme”).
Capitalised terms or definitions used in this Programme shall have the meanings assigned to them in the overarching document, i.e. the Terms and Conditions of Use of the swopify.com platform for Buyers (hereinafter referred to as “the Terms and Conditions”) – available via the Platform at: https://swopify.com/pl-en/terms-of-use.
I. INTRODUCTORY PROVISIONS
1. The SWOPICARE Protection Programme is an additional feature of the swopify.com Platform, i.e. a programme which enables certain customers of the Platform (Buyers as defined in the Terms and Conditions) to order and utilise the ‘DEVICE PROTECTION’ service – SWOPICARE additional protection (a maintenance service) for electronic devices purchased via the Platform. The SWOPICARE additional protection services described in this document shall hereinafter be referred to as ‘Additional Protection’ or ‘SWOPICARE’.
2. SWOPICARE services are available for electronic devices (products including: second-hand and refurbished electronic devices of selected brands, such as smartphones, smartwatches or tablets – hereinafter referred to, in accordance with the Terms and Conditions, as “Products”) purchased from Sellers (as defined in the Terms and Conditions). The Additional Protection services do not cover Products purchased directly from the Administrator (i.e. Products including: new accessories and add-ons for electronic devices available exclusively from the Administrator).
3. The contract for the provision of the Additional Protection service is concluded via the Platform and using the tools made available on the Platform.
4. The entity providing SWOPICARE services is the Platform Administrator (i.e. EGIDA ECO Solutions sp. z o.o., with its registered office in Warsaw – registered office address: ul. Gen. Józefa Zajączka 32, 01-510 Warsaw (Poland), entered in the Register of Entrepreneurs of the National Court Register maintained by the District Court for the Capital City of Warsaw in Warsaw, 14th Commercial Division of the National Court Register, under number 0001133818).
5. Only a Buyer (as defined in the Terms and Conditions) who has entered into a Product Sales Agreement with the Seller and who is the owner of the Product (hereinafter referred to as the “Customer”) may be a Programme Participant (i.e. an entity entering into a contract with the Administrator for the provision of the SWOPICARE service).
6. SWOPICARE Additional Protection does not constitute a product quality guarantee within the meaning of Articles 577–581 of the Civil Code (Journal of Laws 2025. 1071, consolidated text, as amended) nor does it 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).
7. The current version of this Programme is published via the Platform.
8. This document is available continuously and free of charge via the website https://swopify.com/pl-en/, in a manner that enables users to access, reproduce and record its content, including by printing or saving it to a storage medium at any time.
9. At the request of any User, this document shall be made available in a manner that enables the User to access, reproduce and record its contents using the information and communications technology system they use (i.e. by email).
II. TERMS AND CONDITIONS FOR THE PROVISION OF SWOPICARE SERVICES AND THE SCOPE OF ADDITIONAL COVERAGE
1. The Additional Coverage service covers mechanical damage to the Product’s display/screen (the SCREEN PROTECTION option), excluding damage or situations specified in Chapter VIII of this Programme. SWOPICARE Additional Protection (Screen Protection) covers, in particular, any accidental mechanical damage involving the display/screen being smashed, scratched or cracked.
2. The term of the Additional Protection service is, respectively:
2.1. Screen Protection for 12 months or
2.2. Screen Protection for 24 months; commencing on the date of activation of this service (depending on the Customer’s choice).
3. The scope of Additional Protection covers, in particular:
3.1. repair of damage to the Product by the Administrator’s service centre, i.e. rectification of damage to the Product’s display or screen occurring during the term of the Additional Protection, in accordance with the terms set out in this Programme;
3.2. technical support and assistance via the Helpdesk contact form or helpline;
3.3. organising the transport of the damaged Product (to and from the service centre), including a shipping label enabling the Product to be sent free of charge for repair within 1 (one) working day (excluding weekends and public holidays) after the Buyer has completed the form available via their Account (the cost of sending the Product to the Administrator’s service centre and returning the Product to the Customer will be covered by the Administrator). Free transport is limited to the territory of the Republic of Poland;
3.4. the ability to track the repair status (including receiving information about the dispatch of the Product and its delivery for repair via the Helpdesk contact form).
4. The fee for using the Additional Protection 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 and the selected duration of the Additional Protection period). The current price list for the SWOPICARE service will be made available via the Platform.
5. Additional Cover does not include the replacement of the Product (including with a new one) or with another refurbished Product, nor does it include a refund of the Product’s purchase price.
6. The Additional Protection service cannot be transferred to another device.
7. The Customer is obliged to exercise the rights arising from the Additional Protection in accordance with their intended purpose and under the terms and conditions set out in this Programme.
8. All communication between the Administrator and the Customer shall take place via the Helpdesk messaging system.
III. ACTIVATION OF THE ADDITIONAL PROTECTION SERVICE
1. The Additional Protection Service may be purchased together with the Product during the Product purchase process via the Platform (at the time of purchase).
2. Enrolment in the Protection Programme takes place by adding the SWOPICARE service during the Product purchase process (selecting the appropriate ‘DEVICE PROTECTION’ service option in the shopping basket). The purchase of this service is confirmed by a certificate sent to the email address provided. The certificate contains:
2.1. the Customer’s details, i.e. first name and surname or company name (including tax identification number);
2.2. contact details, i.e. telephone number, email address;
2.3. address details;
2.4. detailed information regarding the Product (specifying its technical condition), including the IMEI number or serial number;
2.5. the duration of the Additional Protection service.
3. When purchasing the Additional Protection service, the Customer may also purchase the Additional Warranty service (the terms and conditions of which are set out in detail in a separate document). Both services are independent of one another (the provision or non-provision of one service does not affect the provision or validity of the other).
4. The Additional Protection service, when purchased via the Platform and linked to the purchase of a Product, is activated on the day the Customer receives the parcel containing the Product.
5. Any Customer who expresses a wish to participate in the Protection Programme under the terms set out in this Programme, and after first logging into their Account (logged-in Customers only).
6. The conditions for joining the Protection Programme are (i) agreeing to the terms of this Programme, (ii) providing the personal data marked as mandatory (including confirmation of being of legal age), and (iii) submitting a declaration regarding the processing of personal data and the provision of commercial information. This declaration will be made by deselecting the relevant checkboxes.
7. The Customer is obliged to provide true and up-to-date information, including personal data, when registering for the Protection Programme. Providing false, incorrect or incomplete personal data may result in the Customer being unable to participate in the Protection Programme and to enter into the relevant agreement with the Controller.
8. During the enrolment process for the Protection Programme, the Customer may be required to provide information enabling their identification or the verification of the details provided, in order to correctly identify the Customer as a party to the contract for the provision of the Additional Protection service or to assess the Customer’s eligibility to be such a party.
IV. AGREEMENT FOR THE PROVISION OF THE SWOPICARE ADDITIONAL PROTECTION SERVICE
1. The agreement for the provision of the SWOPICARE Additional Protection service (hereinafter referred to as the “Additional Protection Agreement”) is concluded between the Customer and the Administrator, on the basis of this Programme.
2. The Additional Protection Agreement is concluded at the moment the SWOPICARE service is added to the basket and paid for by the Customer – subject to the provisions of this Programme.
3. Under the Additional Protection Agreement, the Administrator shall provide the Additional Protection service to the Customer on the terms set out in this Agreement and in this Programme.
V. LIMITS
1. Under the Additional Protection service, the Customer is entitled to a specified number of repairs (regardless of their scope and cost), i.e. depending on the choice of:
1.1. the 12-month term option for the SWOPICARE service – the Customer is entitled to 1 (one) repair of the Product during the 12 consecutive calendar months of the service’s term (counting from the date of activation of this service);
1.2. the 24-month term of the SWOPICARE service – the Customer is entitled to 2 (two) repairs of the Product (counting from the date of activation of this service), provided that in each 12-month period of the SWOPICARE service, the Customer may claim 1 (one) repair of the Product. Any unused allowance does not carry over to the new allowance applicable for the next 12 consecutive months of the SWOPICARE service period.
2. If the above allowance has been used up, a repair may be carried out subject to an additional charge (as a chargeable service – upon payment of the amount agreed with the Customer).
3. If the damage to the Product is not covered by the Additional Protection service, the repair may only be carried out at the Customer’s request for an additional charge (as a chargeable service – following payment of the amount agreed with the Customer).
4. In each case described in points 2 and 3 above, the Customer will be informed of the amount of any additional charge via the Helpdesk chat service. A repair subject to an additional charge will only be carried out following the Customer’s acceptance and at the Customer’s request.
VI. REPORTING DAMAGE AND THE NEED FOR REPAIRS
1. The Customer should report damage to the Product immediately upon its occurrence (at the latest within 3 working days of the damage occurring, provided that, for the Customer to be eligible for a repair, the Additional Protection service must be active at the time of the report).
2. A report of Product damage – under the SWOPICARE Additional Protection scheme – may be made via the Helpdesk chat service. The report must include:
2.1. the Customer’s full name or company name and VAT number;
2.2. a telephone number at which the helpline can contact the Customer;
2.3. a current email address to which correspondence regarding the repair process will be sent;
2.4. the address for collection of the damaged Product and return of the repaired Product;
2.5. a description of the damage to the Product and the date on which the damage occurred;
2.6. the model and IMEI/serial number (SN) of the Product;
2.7. confirmation that any locks on the Product have been disabled (any active locks preventing the repair from commencing – where technically possible);
2.8. any other information necessary for the acceptance or provision of the SWOPICARE service, as requested by the Administrator.
3. The claim shall be deemed accepted on the date the Administrator confirms that the Customer has correctly and comprehensively provided all the information referred to in point 2 above.
4. Before handing over the damaged Product for repair, the Customer is obliged to:
4.1. remove all data storage media from the Product (such as, amongst others, 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 account linked to the Product. The Product may be reset to its factory settings during repair and servicing. The Administrator informs the Customer that all data stored on the Product may be deleted without the Administrator reviewing its content (should such an operation be necessary). The Administrator is not responsible for the preservation of data stored or contained within the Product, and does not create backups or copy data contained within the Product. The Customer shall have no claims against the Administrator in this regard, which the Customer confirms by reading this Programme;
4.2. remove any locks or other features that prevent access to the Product – provided this is technically feasible;
4.3. to adequately protect the damaged Product from further damage and contact with moisture during transport by packing it in a manner that ensures safe transport;
4.4. to make the Product available for collection at the agreed time and place for transport to the Administrator’s service centre;
4.5. deliver the Product without its case or any additional accessories (such as headphones).
5. 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).
6. Should the Product become damaged whilst the Additional Cover is in force, the Customer is prohibited from making any alterations themselves or attempting to repair the Product.
VII. CARRYING OUT REPAIRS
1. The Product will be repaired within 10 (ten) working days from the date of its delivery to the Administrator’s service centre.
2. The time limit for repairing the Product specified in point 1 above may be extended by the time necessary to remove any obstacles or clarify the situations set out below:
2.1. when reporting damage to the Product, not all the information necessary to process the report was provided, or the details were incorrect (including being untrue or out of date);
2.2. when reporting damage to the Product, the collection address for the damaged Product or the return address for the repaired Product was not provided, or these addresses are incorrect;
2.3. the lock or other functions preventing access to the Product have not been removed;
2.4. the parts necessary to carry out the repair are not available for reasons attributable to the distributor or manufacturer of the Product – for which the Administrator bears no responsibility;
2.5. repairing the damage to the Product requires the Customer’s consent to pay an additional charge and to cover the costs of such a charge.
3. During the repair, the Administrator reserves the right to reset the Product to its factory settings, which may result in the loss of data stored on the device (in accordance with point 4.1 of Chapter VI above).
4. Should the Administrator’s service centre identify damage to the Product not covered by the Additional Protection service, the repair may be carried out subject to the payment of an additional charge. The Administrator shall inform the Customer of the amount and method of payment of any such additional charge (in accordance with points 2–4 of Chapter V above).
5. The Administrator reserves the right to carry out repairs using new or refurbished components. In the case of new components, these may be original parts, with properties comparable to those of the original (not manufactured by the manufacturer), or replacement parts, depending on the market availability of components. In each case, the Administrator shall be liable to the Customer for parts and fitting in accordance with generally applicable regulations.
VIII. EXCLUSIONS
1. The Additional Protection Service does not cover the following cases:
1.1. damage arising during or following a repair carried out by an unauthorised person or service centre, as well as damage causally linked to such a repair;
1.2. damage resulting from the Product being flooded, which is to be understood as the direct exposure of the Product to liquid, including moisture or water;
1.3. where one or more components of the Product have been modified by the Customer or a third party not authorised by the Administrator – this exclusion also applies to damage to Products that have been modified or in which the IMEI number or serial number has been altered (excluding cases where such a change occurred as a result of a replacement under the manufacturer’s warranty or non-conformity of the goods with the contract, or as a result of a repair carried out under the Additional Cover);
1.4. the effects of fire or other natural forces;
1.5. damage caused by means other than mechanical impact (power surges);
1.6. use of the Product by the Customer that goes beyond what is considered ‘normal use’, i.e. the use typically expected of a similar product);
1.7. incidents arising from the loss of data stored in the Product’s memory, on a memory card or on a SIM card, as well as the loss of the device’s software;
1.8. repairs to a Product onto which software other than the dedicated software has been installed, or software from a source not authorised by the manufacturer;
1.9. normal wear and tear of the Product (damage to components that are subject to natural wear and tear) – superficial (cosmetic) damage, such as scratches, scuffs and other damage that does not affect the proper functioning of the Device, or which consists of a gradual deterioration in the Product’s performance or its normal wear and tear.
2. The Additional Protection Service does not cover:
2.1. reimbursement of repair costs incurred by the Customer in connection with organising and carrying out repairs to the Product on their own (outside the Protection Programme);
2.2. the creation of a backup of data stored in the Product’s memory or on storage media. The Customer should be aware of the potential loss of such data;
2.3. repairs to accessories purchased with the Product, such as chargers, connection cables and others;
2.4. damage reported after the expiry of the Additional Protection Agreement.
3. The costs of accessories such as cases, screen protectors and tempered glass, etc., which may be damaged during repair, are not refundable. If it is necessary to remove a screen protector or tempered glass, these items will be disposed of.
4. In the cases described in this Chapter, the Administrator’s liability is excluded.
5. In cases not covered by the Additional Protection service, the Customer shall bear the repair costs (so-called ‘repair with an additional charge’) – if they choose to proceed with the repair (subject to the provisions of this Programme).
IX. WARRANTY FOR THE SWOPICARE SERVICE
1. Repairs carried out under the SWOPICARE service are covered by a warranty granted by the Administrator for a period of 3 (three) months – hereinafter referred to as the “SWOPICARE Warranty”. This period commences upon the Customer’s collection of the Product (following repair).
2. The SWOPICARE Guarantee is valid worldwide, but the guarantee service will be provided exclusively within the territory of the Republic of Poland.
3. During the term of the SWOPICARE Guarantee, should any defects be found in the repair carried out under the SWOPICARE service, the Administrator will repair the Product free of charge.
4. The deadline for fulfilling the warranty is 14 working days. This period begins on the day the Product is handed over to the Administrator’s service centre (the day the parcel containing the Product is posted at the Administrator’s expense).
5. The Customer may submit a claim under the SWOPICARE Warranty in accordance with the procedure set out in Chapter VI of this Programme.
6. The SWOPICARE Guarantee does not cover damage or circumstances listed in points 1 and 2 of Chapter VIII of this Programme.
7. The SWOPICARE Guarantee does not cover cases where the Product was repaired outside the Administrator’s service centre whilst the Guarantee was in force.
8. The SWOPICARE warranty does not exclude, limit or suspend the Customer’s rights vis-à-vis Sellers (at the Sellers’ expense) in respect of a defect or non-conformity of the goods sold with the contract, within the meaning of Article 556 et seq. of the Civil Code or within the meaning of Article 43a et seq. of the Consumer Rights Act (as described in the Terms and Conditions). The warranty does not affect these legal remedies.
X. WITHDRAWAL FROM THE ADDITIONAL PROTECTION AGREEMENT
1. A Customer 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 for whom the contract is not of a professional nature, arising in particular from the subject of their business activity) may withdraw from the Supplementary Protection Agreement as a distance contract within 30 days of the date of its conclusion, without giving any reason.
2. A notice of withdrawal from the Supplementary Protection Agreement may be submitted, in particular, in the following ways:
2.1. in electronic form via the Helpdesk chat service, accessible via the Platform;
2.2. in writing – to the Administrator’s address.
3. The notice of withdrawal from the Supplementary Cover Agreement may be worded in any manner 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 set out in Appendix 1 to this Programme (“MODEL DECLARATION OF WITHDRAWAL FROM THE SUPPLEMENTARY COVERAGE AGREEMENT”).
4. In the event of withdrawal from the Supplementary Cover Agreement, the Administrator shall refund all payments received without delay, and in any event no later than 14 days from the date on which the Administrator 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 Customer has expressly agreed otherwise.
5. In the event of withdrawal, the Supplementary Protection Agreement shall be deemed not to have been concluded.
6. The Customer shall not be entitled to withdraw from the Supplementary Protection Agreement if they have made use of the service covered by the said agreement.
XI. TERM OF THE SUPPLEMENTARY PROTECTION AGREEMENT
1. The Supplementary Protection Agreement expires upon the expiry of the period for which it was concluded – subject to clause 2 below.
2. The Supplementary Protection service is deactivated upon the expiry of the service’s term, as referred to in clause 2 of Chapter II of this Programme.
XII. COMPLAINTS
1. Complaints relating to a Customer’s participation in the Protection Programme shall be dealt with in accordance with the procedure set out below.
2. Complaints may be submitted via the Helpdesk communication tool. The Customer should complete the available complaint form (accessible via their Account).
3. The time limit for dealing with a complaint is 14 days.
4. The Administrator provides Customers with the Helpdesk communication tool, which enables them to submit complaints online (in accordance with the guidelines set out in this Chapter).
5. The Administrator shall not be liable for any financial or non-financial losses incurred by the Customer through no fault of their own in connection with their participation in the Protection Programme.
6. The Administrator shall not be liable for any damages suffered by the Customer in connection with the Customer providing any incorrect data or information necessary for participation in the Protection Programme, or the Customer making false statements in connection with their participation in the Protection Programme.
7. In matters not covered by this Programme, the terms and conditions of the Terms and Conditions (Chapters XVIII and XXIV of the Terms and Conditions) shall apply mutatis mutandis to the complaints procedure.
8. For detailed information on the possibility of using out-of-court dispute resolution procedures and the pursuit of claims by an authorised body, please refer to the aforementioned terms and conditions of the Terms and Conditions.
XIII. PROCESSING OF PERSONAL DATA
1. The Controller is the entity responsible for processing the personal data provided by the Customer in processes related to the use of the Platform (tools made available for the implementation of the Protection Programme) and other electronic services, as well as the administration of this Protection Programme and the conclusion of the Supplementary Protection Agreement.
2. Customers’ personal data is processed in accordance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (OJ L 119/1, 4 May 2016) – hereinafter the ‘GDPR’; and the Act on the Protection of Personal Data of 10 May 2018 (Journal of Laws of 2018, item 1000, as amended), as well as other applicable legal provisions.
3. The Controller processes Customers’ personal data in connection with their enrolment in the Protection Programme, including for the purposes of: running the Protection Programme; communicating with Customers, including in particular the performance and fulfilment of the Supplementary Protection Agreement (legal basis: Article 6(1)(b) of the GDPR), and its conclusion (to the extent necessary for sales records, contacting the Customer or handling complaints – legal basis: Article 6(1)(b) of the GDPR), as well as for purposes related to the Controller’s compliance with legal obligations, including tax and accounting obligations (the basis for processing is the necessity of the data to fulfil a legal obligation incumbent on the Controller, i.e. Article 6(1)(c) of the GDPR) and, furthermore, where applicable, for purposes related to the conduct of litigation, as well as proceedings before public authorities and other proceedings, including for the purpose of pursuing or defending against claims (Article 6(1)(f) of the GDPR), as well as for activities undertaken for the purposes of direct marketing and maintaining contact with the Customer, which constitutes the Controller’s legitimate interest (where the legal basis for processing is consent or legitimate interest).
4. Further information on the processing of personal data by the Controller can be found in the Privacy Policy. The Controller’s Privacy Policy is available on the Platform’s website at: https://swopify.com/pl-en/data-protection-and-cookies.
5. The Customer should notify the Controller without undue delay of any updates to their personal data in the event of any changes.
XIV. LIABILITY OF THE CONTROLLER
1. The Controller is liable for its activities carried out via the Platform.
2. The Administrator’s liability for damage arising from legal relations with Customers is always limited to the value of the service under the Additional Protection, but this does not apply to consumers or privileged traders. The Administrator shall not be liable for lost benefits or loss of profits.
3. Liability for the loss of or damage to a Product from the moment the Customer hands over the Product for transport until it is returned to the Customer rests with the Administrator. However, the Administrator shall not be liable for damage to the Product occurring whilst in transit from the Customer to the Administrator’s service centre for reasons attributable to the Customer (e.g. incorrect packaging of the Product for transport).
XV. FINAL PROVISIONS
1. Participation in the Protection Programme is conditional upon reading this document and accepting it without reservation.
2. Participation in the Programme is voluntary.
3. The Protection Programme cannot be combined with other services (e.g. the Seller’s Guarantee or the Additional Guarantee) or with other promotions or competitions available on the Platform.
4. All contracts concluded under the Protection Programme via the Platform (available at the domain swopify.com within the territory of the Republic of Poland) are concluded in Polish.
5. The Administrator reserves the right to provide the Additional Protection service through third parties.
6. Any amendment to this Programme shall not affect the terms and conditions of Additional Protection Agreements concluded prior to the introduction of such amendments, nor shall such an amendment adversely affect the rights previously acquired by Customers.
7. This Programme is governed by and shall be interpreted in accordance with Polish law, and any disputes arising from its application shall be settled by the competent court of general jurisdiction in accordance with the procedure set out in the Terms and Conditions (including the relevant provisions of generally applicable law).
8. In matters not covered by this Scheme, the provisions of the Terms and Conditions shall apply.
9. The annexes to this Scheme form an integral part thereof
Appendix 1 -