Terms of Service

Last updated: [Effective date]

These terms are the agreement between you and [Company name] ("Swaff", "we", "us") for using the Swaff app and website (together, "Swaff"). Please read them. By creating an account or using Swaff you agree to them, to our Community Guidelines, which are part of these terms, and you confirm you have read our Privacy Policy.

1. Who we are

Swaff is run by [Company name], a company registered in England and Wales with company number [Company number], whose registered office is at [Registered address]. You can contact us at info@swaff.uk.

2. What Swaff is

Swaff is a UK marketplace where people buy, sell and swap perfume bottles with each other. Swaff provides the app, the fragrance catalogue, messaging, payments (through our payment provider, Stripe) and help when something goes wrong.

When you buy, sell or swap on Swaff, the contract for the bottle is between you and the other member. Swaff is not the seller or buyer of any item, does not own, inspect or authenticate items, and does not ship them. We do not check every listing before it goes live, although we review some (see section 6).

3. Who can use Swaff

To use Swaff you must:

• be 18 or over;
• live in the United Kingdom and send and receive items at UK addresses only;
• use Swaff as a private individual selling your own items, not in the course of a business (contact us first if you want to sell as a business);
• give us accurate information and keep it up to date;
• have only one account, and not use Swaff if we have suspended you before.

4. Your account

You can sign up with an email address and password, or with Sign in with Apple or Google. Keep your sign-in details secure and don't share your account. You are responsible for what happens on your account. Tell us straight away at info@swaff.uk if you think someone else has used it.

Your display name, profile photo, listings, reviews and average rating are public to other members. Your email address is not shown to other members.

5. Listings

Every listing is for a fragrance from the Swaff catalogue and must have a price. When you list a bottle you promise that:

• you own it and have the right to sell it;
• it is genuine - not a counterfeit, replica, "dupe", clone or "inspired by" product;
• the details are honest and accurate: size, how full it is, condition, whether the box is included and the batch code (if you give one);
• the photos are your own photos of the actual bottle you are selling;
• it can be sent legally within the UK by the carrier you will use;
• it follows our Community Guidelines.

If a fragrance or brand is not in the catalogue you can add it. It is reviewed before other members can see it or your listings of it. We may edit, merge or reject catalogue entries.

6. Listing review and moderation

Some listings are held "In review" before they go live, for example when the price is far below what that fragrance usually sells for on Swaff, when the wording suggests the bottle may not be genuine, when a photo is already used on another member's listing, or when a new account lists a high-value bottle or many listings in a short time. These checks run automatically; a person at Swaff then approves or rejects the listing. A rejected listing is removed and you are told why.

We may remove any listing, catalogue entry, review or message, refuse a submission, or restrict, warn or suspend an account if we reasonably believe it breaks these terms or our Community Guidelines, breaks the law, or puts other members at risk. Where we can, we will tell you why.

7. Offers and swaps

You can make an offer on a listing with cash, with one of your own listings (a swap), or a swap plus or minus some cash. The app suggests a cash difference for a swap based on the two prices; either side can propose a different amount.

• An offer that meets the asking terms (a cash offer at the listed price, or a swap whose cash difference meets or exceeds the suggested amount) is accepted at once, like "Buy it now".
• Otherwise the other member can accept, decline or counter. An offer that isn't answered within 48 hours expires. You can withdraw your own offer while it is still pending.
• When an offer is accepted, both of you are committed to the trade: to pay (where cash is owed) and to send the bottle(s) as agreed.

Because payments go through Stripe, a cash difference of between 1p and 29p is not possible.

8. Payments

Payments are processed by Stripe Payments UK, Ltd. ("Stripe"). Swaff never sees or stores your full card details.

• Who pays. In a cash purchase, the buyer pays. In a swap with a cash difference, whoever owes the difference pays it. A straight swap with no cash has no payment.
• When. The payer must pay within 24 hours of the offer being accepted. When you buy at the asking price with Buy, the item is reserved for you for a short time while you pay (shown at checkout, 30 minutes by default), and leaving checkout without paying releases it. If payment isn't made in time, the trade is cancelled and the listings go back on sale. Nothing is charged for a cancelled, unpaid trade.
• Holding the money. The payment is held by Swaff, through Stripe, and is not passed to the other member until the trade is completed (section 10). If the trade is cancelled, the whole payment (including any Buyer Protection fee) is refunded to the payment method used. If a payment is disputed with the card issuer (a chargeback), the payout for that trade is paused until the card issuer decides; if the card issuer returns the payment to the card holder, there is no payout for that trade.
• Getting paid. To receive money you must set up payouts with Stripe in the app (a Stripe Express account). Stripe will ask for information to verify your identity and bank account, and your use of it is also governed by the Stripe Connected Account Agreement. If you haven't finished setting up payouts, money owed to you waits until you do.
• Buyer Protection. Whoever pays the cash in a trade (normally the buyer) also pays a Buyer Protection fee of £0.70 plus 5% of the price, on top of the price (for example £2.70 on a £40.00 item, £42.70 in total). It covers Swaff holding your payment until the trade completes, and a refund if the bottle doesn't arrive or isn't as described (section 11). The fee is shown in the app before you send an offer and before you pay, and it is refunded along with the price if the trade is cancelled. A member who only receives money pays no fee: they get the full agreed price. A swap with no cash difference has no payment, so no fee.
• Stay on Swaff. Don't ask for or make payments outside Swaff (for example bank transfer, PayPal, cash or crypto) for a trade arranged on Swaff. You lose Swaff's protection if you do, and it is a breach of these terms.

You are responsible for any tax due on your own sales.

9. Shipping

Swaff is for UK-domestic shipping only. Perfume is a flammable liquid, and carriers limit how it can be sent.

• Once a trade is paid (or straight away, when no cash is involved), each member who has a bottle to send must send it with a UK carrier and enter the carrier and tracking number in the app within 3 days.
• If the other member doesn't ship in time, you may cancel the trade. Any payment is then refunded.
• You are responsible for packing the bottle safely (cap sealed, wrapped, cushioned, in a sturdy box) and for following your carrier's current rules on sending perfume, including bottle size and the number of bottles per parcel. Never post perfume abroad through Swaff.
• Swaff doesn't sell postage. Postage costs are agreed between members.

10. Receiving and completing a trade

Each member who receives a bottle should check it and confirm receipt in the app. A trade completes when everyone who receives a bottle has confirmed receipt, or 5 days after the last bottle is marked as shipped if no problem has been reported by then - silence counts as acceptance. When a trade completes, any money held is sent to the member who is owed it, less any fee shown.

Please check your parcel as soon as it arrives and report a problem before the 5 days end. Our Buying safely guide explains what to check.

11. Problems and disputes

If something goes wrong - the parcel doesn't arrive, it arrives damaged, or the bottle isn't as described or isn't genuine - use Report a problem on the trade before it completes. This freezes the trade and any money. You may be asked for photos or other information.

Swaff will look at what both members tell us and decide either to complete the trade (the money is released to the member owed it) or to cancel it (the payment is refunded). We aim to decide fairly and promptly, but we are not a court and cannot always establish what happened. Our decision about the money held on Swaff doesn't stop either member from using any other legal rights they have against the other.

12. Messages

You can message a seller about a listing and inside the trade that follows. Messages must follow our Community Guidelines. To protect members, Swaff automatically stops messages that share contact details or suggest paying outside the app, and messages containing slurs, threats or sexual harassment. Swaff may ask you to think again before sending a message that might be hurtful. Members can report messages, and people at Swaff review reports.

13. Reviews

After a completed trade, each member can leave one review of the other (1 to 5 stars and an optional comment). Reviews must be honest and about the trade. We may remove reviews that break our Community Guidelines.

14. Your content

You keep ownership of the photos and text you add to Swaff. You give us a non-exclusive, royalty-free licence to store, copy, resize, display and share that content as needed to run Swaff - for example to show your listing to other members and in notifications - for as long as it is on Swaff and for as long as we need to keep it afterwards (see our Privacy Policy). You promise you have the right to give us this licence.

15. Things you must not do

You must not: break the law; list prohibited items; mislead or defraud other members; take trades or payments off Swaff; harass anyone; create fake or duplicate accounts; scrape, copy or interfere with Swaff, try to get around our limits or safety checks, or access accounts or data that aren't yours.

16. Suspension and closing your account

We may suspend your account, permanently, if you seriously or repeatedly break these terms or our Community Guidelines, or if we need to for legal or safety reasons. A suspended account can't sign in, and its live listings are removed. Trades already under way may be completed or cancelled by Swaff so that the other member isn't left out of pocket. If you think we got it wrong, contact info@swaff.uk.

You can delete your account at any time in Settings → Delete account, except while you have a trade in progress or an open dispute. What we keep after deletion, and why, is explained in our Privacy Policy.

17. Our responsibility to you

We provide Swaff with reasonable care and skill, but we can't promise it will always be available or free of errors. We are not responsible for items listed by members, their description, quality, safety or authenticity, or for what members do - but we will help through the dispute process in section 11.

Nothing in these terms limits our liability for death or personal injury caused by our negligence, for fraud, or for anything else that the law doesn't allow us to limit. It doesn't affect your legal rights as a consumer.

Otherwise, we are not liable for losses that were not foreseeable, for business losses, or for losses caused by events outside our reasonable control. Our total liability to you in connection with Swaff is limited to the greater of £100 and the total fees you have paid Swaff in the 12 months before the claim.

18. Changes

We may change Swaff and these terms, for example for new features or legal reasons. If a change is significant we will tell you in the app or by email before it takes effect. If you don't agree, you can stop using Swaff and delete your account.

19. Law and complaints

These terms are governed by the law of England and Wales. If you live in Scotland or Northern Ireland you can also bring proceedings in your local courts. If you have a complaint, contact us first at info@swaff.uk and we will try to resolve it.

20. Contact

[Company name], [Registered address]. Email: info@swaff.uk.