- 1. Introduction
These Terms and Conditions govern your use of FitSwap (“the Platform”), a marketplace for buying and selling used gym equipment. By accessing or using the Platform, you agree to comply with and be bound by these Terms and Conditions. If you do not agree with any part of these terms, you should not use the Platform.
- 2. Definitions
- “Buyer”: Refers to any individual or business who purchases products through the Platform.
- “Seller”: Refers to any individual, business, hotel, or resort who lists products for sale on the Platform.
- “Products”: Refers to used gym equipment listed for sale on the Platform.
- “Platform”: Refers to the FitSwap marketplace website and any associated applications or services.
- 3. Account Registration
To access certain features of the Platform, users must create an account. When registering, you agree to provide accurate, up-to-date, and complete information. You are responsible for maintaining the confidentiality of your login credentials, and for all activities that occur under your account. If you believe your account has been compromised, you must notify us immediately.
- 4. Sale of Products
Sellers are responsible for accurately describing the products they list on the Platform, including providing clear images, descriptions, and pricing. Buyers should carefully review these listings before making a purchase. The Platform provides the marketplace for these transactions but does not guarantee the quality, authenticity, or condition of any product. The Platform is not responsible for any disputes between Buyers and Sellers over product details or transaction completion.
- 5. Payment
Payments for products are processed through a secure third-party payment processor (e.g., Stripe). The Platform takes a commission of 10% from each successful sale. Sellers will receive the sale price minus this commission after the payment has been processed and cleared. Payments are made directly to the Seller's chosen account, minus any applicable fees.
- 6. Shipping and Delivery
Sellers are responsible for the logistics of shipping the products they sell. This includes arranging for packaging, shipment, and delivery to the Buyer. Buyers are typically responsible for the cost of shipping unless otherwise agreed with the Seller. The Platform does not handle any physical product delivery or provide shipping services. If any issues arise with shipping, it is the responsibility of the Seller and Buyer to resolve them directly.
- 7. Returns and Refunds
Sellers must clearly state their return and refund policies in their product listings. The Platform does not handle returns or refunds directly. If a Buyer wishes to return a product, they must contact the Seller directly to discuss the terms of the return. In cases where a dispute arises, the Platform may assist in resolving the matter, but it is not liable for the outcome of such disputes.
- 8. Intellectual Property
All content available on the Platform, including images, text, logos, designs, and trademarks, is either owned by FitSwap or its licensors and is protected by intellectual property laws. You may not use, reproduce, or distribute any content from the Platform without explicit permission. Sellers may only upload images and descriptions that they have the rights to use and distribute.
- 9. Liability
FitSwap makes no guarantees regarding the quality, availability, or authenticity of any product listed on the Platform. The Platform is not liable for any direct, indirect, incidental, or consequential damages arising from your use of the Platform or the products sold through it. You agree to use the Platform at your own risk, and acknowledge that the Platform is simply a facilitator for the buying and selling of products.
- 10. Governing Law
These Terms and Conditions are governed by the laws of England and Wales. Any disputes or claims arising out of or in connection with these terms shall be subject to the exclusive jurisdiction of the courts of England and Wales.
- 11. Termination of Account
We reserve the right to suspend or terminate your account if you violate any part of these Terms and Conditions, including failing to comply with the rules regarding product listings or payment processing. You may also terminate your account at any time by notifying us. Upon termination, you must cease using the Platform, and all outstanding payments and orders will be settled.
- 12. Changes to the Terms
FitSwap reserves the right to modify or update these Terms and Conditions at any time. We will notify users of significant changes by updating the “last modified” date at the top of this page. We encourage you to review these terms periodically to stay informed about any changes.