Terms of use

Legal information

The website SwapRecords.com, hereafter named SwapRecords, is a peer to peer classified ads service. Accessing and using SwapRecords implies de facto the wholehearted acceptation of the present terms and conditions.

The website is edited by Mr. Samuel Haddad, as an "auto-entrepreneur", in France (SIRET 82759219700038). He shall be mentioned hereafter as "SwapRecords" within the frame of his activities for SwapRecords. You can send any question or request you may have through the "contact" page.

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.

Definitions

The term "buyer" defines all visitor, registered or not, using SwapRecords' services to buy a product displayed on an ad.

The term "ad" 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 an ad on SwapRecords.

A "good" defines all product posted on the website by an announcer for an ad.

A "personal account" defines all account created by a user as a physical person to post ads on SwapRecords.

A "professional account" defines all account created by a user as a legal person to post ads 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.

Article 1

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.

Article 2

The website is not by any mean responsible for the trustworthiness nor the correctness of its ads and its users. SwapRecords encourages its users to exercise the utmost vigilance to any eventual copy, counterfeit or misleading ad.

SwapRecords would not be legally responsible in case of a dispute regarding an ad 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 an ad. 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 ads. Professional account users hereby agree to see their exact address - street name, street number, zipcode, city, county, state/region - publically displayed on all their ads.

All announcers are legally responsible of the exactness of the information they provide on their ads.

All users, buyers, sellers and announcers are legally responsible of their behaviour on the website and off the website, towards other users.

Article 3

No personal information given to SwapRecords shall be disclosed by SwapRecords except on the ads' pages.

All announcers shall ensure that their ads do not breach any current regulation operative in the locality to which they are related.

All announcers commit not to publish on their ads:

  • any hypertext link
  • 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
  • Article 4

    SwapRecords reserves the right to deleted ads 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.