The website SwapRecords.com, hereafter named SwapRecords, is a geo-based classified ads service. Accessing and using SwapRecords implies de facto the wholehearted acceptation of the present terms and conditions.
The website is edited by SwapRecords SAS, registered in the Paris Trade and Companies Register under the number 894 975 697 and whose head office is located at 9 Rue des Colonnes, 75002 Paris, France.
The website is hosted by O2Switch, 222 Boulevard Gustave Flaubert, 63000 Clermont-Ferrand, France.
The legal relationship between SwapRecords and its users is subject to the French consumer rights with the exclusion of the UN consumer rights (CISG) and conflicts to the provisions of French law.
The term "buyer" defines all visitor, registered or not, using SwapRecords' services to buy a product displayed on a listing.
The term "listing" defines all elements and data (visuals, texts, photographies and drawings), uploaded by an announcer under his or her editorial responsibility, to sell, buy, swap, give or search a product displayed on the website.
An "announcer" defines all legal or physical person aged 18 or more, having posted a listing on SwapRecords.
A "good" defines all product posted on the website by an announcer for a listing.
A "personal account" defines all account created by a user as a physical person to list a product on SwapRecords.
A "business account" defines all account created by a user as a legal person to list a product on SwapRecords.
The term "website" defines the website accessible via the url https://swaprecords.com.
The term "user" defines all visitor, registered or not, using SwapRecords' services.
The term "seller" defines all visitor, registered or not, using SwapRecords' services to sell a product.
The present terms and conditions are from the outset accepted by all announcers, sellers, buyers and users of the website, whether they are registered or not. They are thus unconditionnally legally opposable to all announcers, sellers, buyers and users of the website.
The website is not by any mean responsible for the trustworthiness nor the correctness of its listings and its users. SwapRecords encourages its users to exercise the utmost vigilance to any eventual copy, counterfeit or misleading listing.
SwapRecords would not be legally responsible in case of a dispute regarding a listing or interactions between its users.
All announcers are notified of the dissemination of their personal data - email address, phone number and place of residence - when publishing a listing. They have the choice to be contacted via email, phone, or both by the website's visitors.
Users' zipcode, city, county and state/region of single account users are automatically displayed on their listing. Users with a business hereby agree to see their exact company name, address - street name, street number, zipcode, city, county, state/region - publically displayed on all their listing.
All announcers are legally responsible of the exactness of the information they provide on their listings.
All users, buyers, sellers and announcers are legally responsible of their behaviour on the website and off the website, towards other users.
All users can delete their account and their personal information stored on SwapRecords. To do so, they must go into their account parameters.
No personal information given to SwapRecords shall be disclosed by SwapRecords except on the listings' pages.
When setting up Discogs synchronization for their account, users allow SwapRecords to use public domain information and images from their Discogs inventory. Such inventory will be updated every 48 hours through the Discogs API, called with users' own unique Discogs API token. SwapRecords does not guarantee the reliability of this service and decline all responsibility in case of an error.
All announcers shall ensure that their listings do not breach any current regulation operative in the locality to which they are related.
All announcers commit not to publish on their listings:
- any hypertext link
- any watermark, logo, or mention of price or special promotion added intentionally
- any false or misleading piece of information that might fool or dupe users
- any diffamatory mention that would harm SwapRecords or a third party person
- any content that do not respect intellectual property rights
SwapRecords reserves the right to delete listings considered as inappropriate.
SwapRecords may at all times modify or interrupt access to part or to the entirety of the website without notifying its users.
SwapRecords may at all times edit its terms and conditions and therefore enjoins its users and its announcers to consult them regularly.
Using the website constitutes de facto an acceptation of the present terms and conditions.
If part of the present terms and conditions were to be illegal, invalid or unenforceable, for whatever reason, the related provisions would be deemed unwritten. This clause would not question the validity nor the existence of the remaining provisions.
The present terms and conditions are subject to French law.