Welcome to www.Swoopmate.co.uk.  Access to this website and the use of information on it is subject to these Terms & Conditions of Use. You should carefully read these Terms & Conditions of Use. By using SwoopMate services, you are agreeing to comply with and be bound by the following Terms and Conditions of Use, including the instructions on our website, www.Swoopmate.co.uk.

Definitions

In these Terms & Conditions of Use, the following terms shall have the meanings indicated:-

• “Terms & Conditions of Use” and “Agreement” means the terms and conditions of Swoopmate.co.uk, as referred to and/or contained herein
• “User” and “customer” and “you” and “users” and “members” and “buyer” means any and all persons accessing or using this website and/or availing of any information and/or services available on or via this website
• “We” and “our” and “us” and “website” means SwoopMate
• “Deals” means live price drop deals
• “Privacy Policy” means our statement of practice as regards the privacy and security of your information when accessing and/or using this website and any of the features herein
• “Service(s)” means the services to be provided by SwoopMate;

Eligibility to Participate / Registration with SwoopMate / Disqualification

By using SwoopMate, the user declares that they are legally capable of entering into binding contracts and that they are at least 18 years of age.

Employees and relatives of employees of SwoopMate are not permitted to participate in SwoopMate deals under any circumstances.

Each user may register only once using their postal address (registration using PO Boxes or equivalents is not permitted). Additionally, only one user registration per household is permitted.

SwoopMate products and services are offered exclusively to private users and not to commercial or partly-commercial resellers. SwoopMate reserves the right to exclude commercial resellers from participation in the live price drop deals, and if a buyer of a product is found to be commercial, we have the right to refuse to deliver purchased products and have the right to close their user accounts at any time.

During the registration process, the user must choose a username. The user name must not be offensive, be selected to deceive or misinform other users, may not offend common decency or infringe upon the rights of third parties. If we receive information of a username which is illegal or in breach of these terms, this user name can be amended by our staff without prior notice. The corresponding user password is to be kept secret by the user. User accounts created during registration are non-transferable. The user account may be used only by the user and not by anyone else. Any abuse of the user account, be it to the detriment of third parties or to the detriment of SwoopMate, shall result in the disqualification of the user and the reporting of a crime.

Under no circumstances shall SwoopMate or its employees have liability or be liable for any loss that a user may incur as a result of someone else using or seeking to use user’s password or account, either with or without user’s knowledge. However, user could be held liable for losses incurred or prejudice suffered by SwoopMate or another third party due to someone else using or seeking to use user’s account or password. In case you discover any unauthorised use of your account you should change your password immediately and notify us as soon as you can. Swoopmate will never ask for password information.

We reserve the right to temporarily or permanently disqualify or suspend a user, or disable their account. Users will be disqualified when in the reasonable opinion of SwoopMate, a member has violated the laws or the rights of third parties. A user will be disqualified if such action will protect the rights of other users, or to prevent unauthorised manipulation or use of SwoopMate. Examples of such unauthorised usage include (but are not limited to) non-payment of membership fee, non-payment of goods, use of unauthorised third-party software or set up of multiple user accounts by the same individual. Collusion between multiple users is strictly prohibited and will result in the immediate termination of the users accounts.

In case of a breach of these terms by a user, we reserve the right to withhold deliveries.

Membership Fee / Payment

A user will not be able to purchase a product until they pay a monthly membership fee. Upon paying a membership fee, the user will be able to purchase products in our live price drop deals. You can make a purchase at any time at your chosen price.

Each user must be registered and is required to pay a membership fee in order to make a purchase. The membership is valid for 1 calendar month.

You can pay the specified membership fee by clicking on the ‘JOIN NOW’ button on the homepage and then following the on-screen instructions.

The membership is recurring and will renew every calendar month unless cancelled by the user. The current monthly membership fee is £9.99 and is subject to change. You may check your membership renewal price and date in the user account.

The membership fee paid is solely to enable you to make a purchase in our live price drop deals and cannot be used as payment when paying for a product.

The membership fee is non-refundable whether you make a purchase or not.

The payment amount due will be the price that you decide to pay for the product. All purchases are subject to a delivery charge unless otherwise stated.

Payments can be made securely by credit/debit card or via PayPal.

Should a payment not be honoured by a user, a returned payment fee will be charged. The user will be responsible for these fees. We reserve the right to block access to the user’s account until payment in full of the invoice amount, including any fees due to returned payment etc., and to withhold any outstanding deliveries until payment is received in full.

Live Price Drop Deals Procedure

All our deals run in a Live Price Drop format. All deals begin with a pre-determined start price (RRP). As there are no reserve or minimum selling prices, deals will run until the price has dropped to £0.00 or when the product has sold out (whichever comes first). Users can view the latest price drop at any time and make a purchase at their desired price during the live price drop. We advise users to make payment as quickly as possible, after adding the product to the cart as delays can result in other users making the purchase instead. Product quantities are limited and can sell out at any time.

Under no circumstances shall SwoopMate or its employees have liability or be liable for any loss of the membership fee a user may incur as a result of not making a purchase or delaying making a purchase in the hope of achieving a more favourable price. Please be aware that although you can achieve significantly cheaper prices by delaying your purchase, you also run the risk of the product being sold out.

The user who clicks on the “ADD TO CART” button will be entitled to purchase the product at the stated price. However, it’s important to note that due to the nature of our live price drop model, it can generate a lot of user interest due to the significant savings that can be achieved. Due to the fast paced nature of our business model, although unlikely, but it is possible that there may be instances where a high number of users have simultaneously purchased a product at the same price. In the event that a high number of simultaneous purchases are made, then those users whose completed payment reaches our servers first will be entitled to the purchase.

Users are free to wait as long as they wish for the price to drop further before making a purchase but do so at their own risk and will not be entitled to the reimbursement of their membership fee should they be unsuccessful in their purchase.

Limitations on Purchase Quantity/Repeat Purchases

We believe that every user should have an opportunity to purchase products of their choice and at their desired price. This is the reason why we have placed restrictions on purchase quantity. A user will be restricted from adding more than “1” quantity to the cart of any product. Once a user has checked out and completed the transaction, they will also be restricted from making a repeat purchase of the same product. However, users are permitted to make single quantity purchases of as many different products as they wish.

Notification / Acceptance / Payment of Purchased Products

A notification is automatically sent by email to the buyer. The buyer can access all of the important sale information such as the total price (sale price plus delivery costs) and payment options.

The buyer must actively confirm the purchase by following the steps indicated. Full payment of a product can be made through our trusted payment acceptance method. Credit/debit card payments will be processed by Stripe and PayPal. After confirming the purchase and paying the amount due, the buyer will receive a confirmation e-mail.

The item(s) will not be dispatched to the buyer until the total price of the product(s) has been paid to SwoopMate.

Warranty / Returns / Cancellations

Products sold by SwoopMate are brand new, factory sealed and normally come with manufacturer’s warranty. The duration of the warranty varies from manufacturer to manufacturer. We will take all reasonable care to ensure that details, descriptions and prices of products which are featured on our website are correct at the time when the relevant information was entered onto the system. We shall endeavour to keep the website as up to date as possible but can offer no guarantees that the information including descriptions of products on the website is still accurate when a user visits the website and/purchases a product. Images of products may differ from the original.

SwoopMate grants the buyer the right to cancel an order. The right to cancel is in accordance with statutory provisions on mail order sales and e-commerce and begins from the moment the contract is concluded. If a user cancels a contract to which the cancellation provisions apply they are entitled to a refund of the purchase price they have paid in relation to the contract even if the item is not defective in any way. The membership fee is non-refundable. These cancellation rights end 14 days after the day on which a buyer received the item.

An exception to the right to cancel is audio or video recordings or computer software that the customer has unsealed. These items are not eligible for return or refund, unless the item is faulty or not as described. To meet the cancellation requirements, a cancellation notice must be sent to SwoopMate within fourteen days after the day the item was received, accompanied by the original invoice (contained in shipment or email). Notice of cancellation must be given by email to: returns@swoopmate.co.uk

For a valid cancellation or return to be applicable, a user must return the item unused and unopened and in a saleable condition. We will reasonably decide whether the item is fit for sale upon inspection. Costs of postage for returns will be met by the user (unless items are found to be faulty). If the item is not returned in a saleable condition then the right of cancellation is revoked. Should we incur additional costs for insufficient postage on the return, these costs will be deducted from any previous payment remitted by you.

Delivery of Items

Unless otherwise stated, delivery will be made directly from our warehouse or our supplier’s warehouse to the postal address provided by the customer. The customer is solely responsible for providing a correct and sufficient postal address. If a product should be returned due to an incorrect or insufficient postal address provided by the customer, he/she will be responsible for all delivery costs incurred to resend the product. SwoopMate reserves the right to cancel the order corresponding to the returned item if the customer does not provide a correct and sufficient postal address and does not pay for the additional delivery costs necessary to resend the product.

Deliveries shall be made solely within the United Kingdom mainland (including Northern Ireland) and we endeavour to make deliveries within 7 days after the invoice has been paid but please allow up to 14 days (we will normally deliver a lot quicker than this). However, the delivery times indicated are provided only as a guide and is not guaranteed by SwoopMate. We shall be entitled to involve third parties to satisfy our contractual obligations without being required to notify the customer.

Obvious damage to the item as a result of transport or packaging is to be reported to SwoopMate immediately upon taking delivery.

Should SwoopMate or its suppliers not be able to deliver the item purchased, we shall be entitled to substitute the item with a comparable replacement product with the similar or better features, or provide a refund if this is the user’s preference. We will notify the customer of any delays/problems and explain the circumstances. The user’s statutory rights are not affected.

Withholding Payment / Retention of Title

You agree that products shall remain SwoopMate’s property until payment is received in full of the total price, including the delivery charge.

System Outage / Circumstances Beyond our Reasonable Control

We cannot guarantee continuous access to our services, and operations of our website which may be interfered with by numerous factors outside of our control. While we will use all reasonable endeavours to maintain an uninterrupted service, we cannot guarantee this and we do not give any promises or warranties (whether express or implied) about the availability of our services.

With the currently available technology, it is not possible to develop and operate computer programs (software) and data processing systems (hardware) and upload material onto or process such material on the website completely without errors, or to rule out any unpredictable events in connection with the internet (hereinafter referred to collectively as “technical faults”). SwoopMate shall not be liable for any damage whatsoever incurred by users or third parties from using SwoopMate’s services. In particular, we shall not be liable for damage that occurs due to attempted purchases by users not being received by SwoopMate or not being received promptly or not being considered, as a consequence of technical faults.

Disclaimer of Warranty and Limitation of Liability Regarding the Use of the Website

User expressly agrees that use of the Website is at user’s sole risk. Neither SwoopMate, its affiliates nor any of their respective employees, agents, third party content providers or licensors warrant that the website will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of the Website, or as to the accuracy, reliability or content of any information, service, or merchandise provided through the Website.

The Website is provided on an “as is” basis. To the maximum extent permitted by law, SwoopMate disclaims all representations and warranties, express or implied, with respect to any information, services, products and materials, including, but not limited to, warranties of merchantability or fitness for a particular purpose, title, non-infringement, freedom from computer virus and implied warranties arising from course of dealing or course of performance. In addition, SwoopMate does not represent or warrant that the information accessible via the site is accurate, complete or current. We are not responsible for typographical errors.

This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, server failure, theft or destruction or unauthorised access to, alteration of, or use of record, whether for breach of contract, tortious behaviour, negligence, or under any other cause of action. User specifically acknowledges that SwoopMate is not liable for the defamatory, offensive or illegal conduct of other users or third-parties and that the risk of injury from the foregoing rests entirely with user.

In no event will SwoopMate, or any person or entity involved in use of SwoopMate deals, be liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential or punitive damages arising out of the use of or inability to use the Website. User hereby acknowledges that the provisions of this section shall apply to all content on the Website.

In addition to the terms set forth above, neither SwoopMate, nor its affiliates, information providers or content partners shall be liable regardless of the cause or duration, for any errors, inaccuracies, omissions, or other defects in, or untimeliness or inauthenticity of, the information contained in the Website, or for any delay or interruption in the transmission thereof to the user, or for any claims or losses arising therefrom or occasioned thereby. None of the foregoing parties shall be liable for any third-party claims or losses of any nature, including, but not limited to, lost profits, punitive or consequential damages. Neither SwoopMate, its affiliates, information providers nor content partners warrant or guarantee the timeliness, sequence, accuracy or completeness of this information. Additionally, there are no warranties as to the results obtained from the use of the information.

Disclaimer of Warranty and Limitation of Liability Regarding Purchases from the Website

All brand new products are sold with the manufacturer’s limited warranty only. SwoopMate warrants solely that the products sold to the user under these terms shall have the characteristics specified in the Website’s specifications for such products as set forth in the description of each deal and assumes no further warranties. The warranty period and service varies by manufacturer and product.

Except for the warranties set forth above, SwoopMate makes no other warranties, either express or implied, with respect to the products, or any related services performed by SwoopMate or any of its agents or subcontractors in connection with any order, including, without limitation, any warranties of fitness for a particular purpose, which other warranties are expressly excluded and disclaimed.

SwoopMate shall not be liable for personal injury and property damage resulting from the improper handling, modification or misuse of the products by the buyer or any other person following delivery by us. In no event shall SwoopMate be liable to any person for incidental or consequential damages relating to the products, including but not limited to loss of profits or goodwill, loss-of-use damages or additional expenses incurred, whether pursuant to a claim in contract, tort or otherwise and whether in an action for breach of warranty or otherwise.

Trademarks

SwoopMate logos are trademarks of SwoopMate. All rights reserved. Any trademarks appearing on our website are the property of their respective owners.

External Links

Our website may contain links to other websites operated by third parties, and these sites may likewise contain links to other websites.

The operators of the sites linked to and from this site are solely responsible for their contents. We hereby expressly distance ourselves from all content of any and all websites linked to our website. We cannot take any responsibility for the content of or the data protection and privacy practices of third-party websites.

Applicable Law / Severability Clause

This User Agreement shall be governed by the sole jurisdiction of England and Wales. Furthermore, this User Agreement shall exclude application of the UN Convention on the International Sale of Goods.

Limits of Liability

SwoopMate shall not be liable to the user for:

• Any indirect, special or consequential loss or damage; or
• Loss of data or other equipment or property; or
• Economic loss or damage; or
• Incurring of liability for loss or damage of any nature whatsoever suffered by third parties (including in each case incidental and punitive damages); or
• Any loss of actual or anticipated profit, interest, revenue, anticipated savings or business or damage to goodwill, even if SwoopMate is advised in advance of the possibility of any such losses or damages

In particular, SwoopMate shall not be liable for faulty operation of computers, mobile devices or any other devices used to monitor the prices of live price drop deals or to make a purchase or for incorrect or overly slow transmission data by the internet service provider. Should such an event occur, the user shall have no legal right to the purchase or receipt of a product.

SwoopMate shall not be liable for any losses arising from the user’s subsequent use or misuse of a product including (without limitation):

• Fair wear and tear;
• Wilful damage

Liability for death or personal injury shall not be affected. These Terms and Conditions shall not affect a user’s statutory rights regarding the return of defective goods and claims in respect of losses caused by any negligence on the part of SwoopMate.

Protection of Data: Collection, Processing, and Use of our Customers Personal Information

The protection of your data is very important to us. For more information on the collection, processing, and use of personal data, please read our Privacy Policy.

General

The contract between SwoopMate and users is binding on the parties and on their respective successors and assigns. The user may not transfer, assign, charge or otherwise dispose of any contract formed under these General Terms and Conditions or any of their rights or obligations without SwoopMate’s prior written consent.

We reserve right to revise and amend these Terms and Conditions at any time at our absolute discretion for reasons including but not limited to changes in market conditions affecting SwoopMate’s business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in SwoopMate’s system capabilities. All users will be subject to the policies and Terms and Conditions in force at the time that they have successfully purchased products listed on the SwoopMate website, unless any change to such policies or Terms and Conditions is required to be made by law or governmental authority or SwoopMate notifies its users of the changes to such policies or Terms and Conditions before SwoopMate sends information relating to dispatch (in which case SwoopMate has the right to assume that all successful buyers have accepted the changes to the Terms and Conditions unless notified to the contrary with 7 working days by the user of the products).

SwoopMate is the owner or licensee of all intellectual property rights on the SwoopMate website and the material published on it. Those works are protected by copyright laws and treaties around the world and all rights relating to the same are reserved. Users may print one copy and may download extracts of pages for personal reference only. Users may not modify any paper or digital copies of any materials printed or downloaded. Users must also not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Users must not use any part of the materials on the SwoopMate website for commercial purposes.