Swoggi is owned and run by Sophora Media Ltd, 145 - 157 St John Street London EC1V 4PY United Kingdom, referred to below as Swoggi or
"Us" or "Website".
By placing bids at Swoggi, you (“participant, “customer”, “user”, “bidder”, “visitor”,
“auction winner”) agree to enter an agreement with Swoggi and accept the following terms and
conditions, which are subject to revision by Swoggi.
By accessing this site the Member exercises the right to act autonomously, and guarantees the
right, authority and capacity to accept the present Agreement, agrees with all the Terms and
Conditions and guarantees that he/she is aged 18 or over, or as legally required in the
country of residence.
Each single Member, by registering with Swoggi, unconditionally accepts without any exception
the following prohibited uses:
• Open and use more than one Swoggi account (“Account”) ; Use a false or misleading
address or e-mail address to open or use an Account.
• Supply false or misleading information to any subject involved in the Swoggi program.
• Use names and/or addresses and/or personal data of any type belonging to third
Swoggi reserves the right to suspend and/or delete the Member account if the Member doesn not
follow the rules above
3. ACCESS CODES
Each Member must create a "Nickname" which will identify the Member on the Site in a unique
and univocal way. In addition each Member must choose a "Password". Nickname and password
allow Swoggi Members to see, use and manage their Account.
You are solely responsible for keeping your Nickname and Password confidential. In no case
shall Swoggi or their employees or associates be liable and/or have duties in relation to the
use or improper use of your Nickname and/or Password.
Our service is limited to the choice of suppliers and products placed on sale. Our Service
includes monitoring the regular execution of sales based on a blind lowest unique bid auction
system, as per the Rules described herein, and monitoring that the product purchased is
delivered to the buyer. In addition, the Swoggi Service includes the management and updating
of the Site and of its web and software parts, as well as the management of all the costs
related to servers, employees, advertising and costs related to the management of a Company.
You hereby agree and accept that the Service offered and for which you decide to buy Credits
is reasonable. Members who wish to place bids accept and agree to buy Credits in order to
receive these Services.
IF, FOR WHATEVER REASON, YOU DO NOT AGREE WITH THE SERVICE WE OFFER PLEASE DO NOT REGISTER
WITH THE SITE AND DO NOT USE THE SERVICES.
Access to the Site and registration are free. To receive the Services offered by Swoggi you
must buy Credits. In return for purchasing the Swoggi Services you receive Credits, which you
can use at your discretion to receive the Information Service for each bid you place. The
amount of Credits deducted from your Credits Account purchased is shown on the site and may
vary according to the product. By registering as Member and therefore wanting to receive the
Swoggi services, you agree and accept that any payment you make to Swoggi is made exclusively
to guarantee the continuity of the Service indicated here and that the Information Service
offered by Swoggi for each bid is an additional Service offered by Swoggi for which no
payment, but only the use of Credits, is required. The Member is solely responsible for any
type of management of his/her Account.
6 BONUS OFFERS
When purchasing Credits, or in the case of promotions which may be presented from time to
time, Swoggi may, at its own discretion and without any obligation, give you a Bonus.
A bonus amount can only be used to participate in the current auctions at Swoggi, and can in
no other way be used or reclaimed in the form of payment or compensation otherwise.
All bonus offers are subject to the terms and conditions specified at the time of the offer.
Swoggi reserves the right to take appropriate action, which may include immediate account
deactivation without refund, towards any users abusing bonus offers.
7. ACCOUNT BALANCE WITHDRAWALS
If a member wishes to have a balance previously deposited at Swoggi repaid in the form of balance on a bidding account, the member will be charged an administrative fee of £15. In case of a Paypal payment, which at the date of the request, is older than 60 days, the administrative fee will be doubled. Only unused VIP Credits can be refunded.This fee covers handling, administrative and international transaction fees between Swoggi and the member.
8. SERVICE CHANGES
Swoggi reserves the right, at any time, to change or interrupt, temporarily or permanently, a
part of the Service with or without notice. You agree and accept that We shall not be liable
and shall not be subject to sanctions by you or third parties for any change, suspension or
interruption of the Service and you agree and accept that you shall not have the right to
receive any refund unless the Service is permanently closed and interrupted for a continuous
period of 12 consecutive months.
9. HOW THE AUCTIONS WORK
With each bid placed the price of the item on which the user is bidding increases by the
amount specified (usually between £0.01 and £0.10). A bid submitted by the user constitutes
willingness of a user to enter into a binding contract with Swoggi and in the event of a
successful finishing of an auction, the claim to receive a purchase offer for the item of the
auction under the conditions set out in the related auction. A contract to purchase the item
does not come into effect until the auction is finished and the last bidder has followed all
the steps as set forth in clause number 10.
Each new bid resets the ‘remaining time’ for an auction up to, but not above, the displayed
countdown reset value (usually, 10, 15 or 20 seconds). The one exception to this rule is when
two BidButlers bid against one another. For more information, please consult the ‘Help’
section. The auction ends when the remaining time reaches zero. The user who was the last to
bid then wins the auction. All other bids placed on the item expire and will not be credited
back to the user's account or be eligible for a refund.
Bids become valid when they are entered in the database and registered in Swoggi’ system.
Swoggi are not responsible for disruptions in the user’s connection and errors that may occur
as a result of this. This includes, but is not limited to, incorrect count-down of the
remaining time, outdated information on bidders, and bids. Swoggi reserve the right to pause
all auctions, change the bidding time of on-going auctions and open closed auctions on
suspicion of disruptions in operations.
The value of the products is based on an average price offered by local suppliers. Swoggi
cannot guarantee that a corresponding product is available elsewhere at a lower or higher
10. AUCTION WINNER
10.1 Auction Winner Notification
After an auction has ended, the last bidder (“winner”) must go to “My Account”. Here,
information such as total price (including shipping costs) and payment options will be
displayed. The user must pay the total price (end price plus shipping costs) for the win by
following the steps indicated on that page or elsewhere on the website. If an auction win has
not been confirmed and paid within 15 days of the auction end date, Swoggi reserves the right
to withdraw the offer to conclude a contract and the winner’s right to pay for and receive
delivery of an item will be permanently revoked. All bids placed in that auction expire and
are non-refundable. The user must pay the total price when confirming the win. After
confirming the win and paying the amount due, the winner will receive a confirmation e-mail.
The item will not be sent to the user until the total price has been paid to Swoggi. A
similar requirement for delivery is that all bids purchased and used by the user have been
properly paid for.
An invoice containing the auction price and shipping costs will be sent to the user by Swoggi
once delivery has been arranged.
Delivery. Items are normally delivered 2 to 5 days after the invoice has been paid. In rare
cases there may be delays from the product manufacturer that prevents Swoggi from delivering
the item to the winner within 4 weeks, and in these cases Swoggi pledges to notify the
customer of the delay and explain the circumstances. All items are delivered by courier, to
the address specified in the winner’s Swoggi account.
Some products may require your personal presence because they must be registered through
public deed (e.g. a car). In this case all expenses sustained by the winner to reach the
location of the product and/or any registration cost and/or any other cost not expressly
mentioned on the site shall be paid by the Successful Bidder. After having purchased and paid
for the Product the Winner can assign the property to a third party according to instructions
which the Winner shall communicate to Swoggi. Swoggi shall not be liable or punishable in any
way if the product cannot be delivered due to the fact that the address on the registration
form is incomplete or incorrect. You are responsible for updating your details.
Customs duty and taxes do not applied to the products shipped within the European Community
(EU). If any customs duty or taxes are applied, they are at consignee's expense (not
included in the transport charges).
10.3 Product Warranty
Items sold on Swoggi typically come with the manufacturer’s warranty, which obviously vary by
manufacturer. Although Swoggi is happy to assist the customer in correcting any issues with
defectious products, the company does not offer any explicit product warranties.
In case there are any faults with the received item(s), please contact email@example.com.
The customer will then be given the option to return the goods for inspection. If the fault
of the product is covered by the manufacturer’s warranty, Swoggi will assist the customer in
acquiring a brand new product from the manufacturer
Swoggi will make its best efforts to select suppliers that can guarantee the availability of
the product with the characteristics specified on the Site, without modifications, during the
entire Bidding Period. If, during the Bidding period, Swoggi is informed that said product
with the characteristics presented is no longer available, Swoggi shall indicate it on the
Site or communicate it to the Winner, if the Bidding period is closed. If the product is not
available after the Bidding Period, the Winner shall be offered a product of the same type of
equal or higher value. In this case the Confirmation Period defined above becomes of thirty
(30) days. If on the other hand the product is not available during the Bidding Period and
Swoggi is informed of this, then the product may be withdrawn from the auction and all the
Credits used to place bids by Members for that product will be credited to their Accounts.
10.5 Product Refunds
An auction winner has the right to cancel the purchase within 14 days, provided that the
product is unused and unopened.
If the customer wishes to cancel the purchase of an auction item, the customer should contact
firstname.lastname@example.org and either send the item to us, or deliver them to a specific address.
The customer will then be reimbursed for any amount paid for the item (the lowest unique
bid), less shipping and handling.
10.6 Contact Information
When placing a bid, the customer agrees to provide a telephone number that Swoggi can use to
contact the customer at the time of the auction close in the case that the customer has
placed the lowest unique bid. Aside from a telephone number, the customer may also provide
Swoggi with other contact details including, but not limited to,address and gender when
opening an account. As stated under “Privacy”, Swoggi adheres to applicable privacy laws and
has policies in place that this information will not be shared with third parties without the
member’s expressed consent.
10.7 Publication of auction winners
Swoggi has the right to contact the winner after the end of an auction and publish
information about the winner. All winners of items worth £ 3 000 or more are obligated to
submit a picture and full name to Swoggi for publication on Swoggi. In order to provide its
members and the public with transparency in regards to auction winners, Swoggi has the right
to forward auction winners’ contact information to relevant media, individuals, and Swoggi’s
certified accounting firm.
10.8 Limits of gains
Each User can win up to 8 auctions per month. If Swoggi notices or has knowledge that one or
more accounts are affiliated with only one User, the limit of 8 auctions per month will
applied to all accounts. Accounts are considered as affiliated if they belong to members of a
same family, if they use a same IP address, if they use a same delivery address, or if Swoggi
has the knowledge that these Users share their information or strategies of bids.
11. PRODUCT DESCRIPTION
We do our best to give Product description which are as accurate as possible. The information
may contain printing errors or incorrect elements. Therefore, product information must not be
considered as a Swoggi declaration of the technical characteristics of a product. The
published market values are basic estimates made by Swoggi, and may be different due to the
nature of commerce and ever-changing prices.
Swoggi, including their legal representatives, directors, agents, controlled companies and
employees shall not be liable for incorrect or incomplete contents published on the site or
concerning the Service whether these are generated by users, Members or any other instrument
or program associated to the Service or used by the Service, or generated by the conduct of
any user and/or Member of the Service both online and offline. Swoggi shall not be liable for
any errors, interruptions, extensions, defects, delays in the operations or in the
transmission, lack of communication lines, thefts, destruction or unauthorised access to or
alteration of user and or Member communications. Swoggi shall not be liable for any technical
malfunction or problem of any network or telephone line, online computer system, server or
provider, computer equipment, software, lack of e-mail or traffic congestion of the Internet
or any site or combination of these, including tort or damage to user and /or Member
computers and/or computer of any person, that may arise from taking part or downloading
material related to the Swoggi Site and/or Service. Swoggi shall not be liable, for whatever
reason, for any loss or damage deriving from the use of the site or Service and/or any
content published on the site or communicated to Swoggi Members by anyone. Swoggi and Sophora Media and their employees cannot guarantee and do not promise that the use of the site
and/or Service will lead to specific results.
13. LIMITATION OF LIABILITY
Excluding jurisdictions in which said provisions are limited (in that case We decline any
responsibility to the extent permitted by law), Swoggi shall not, for any reason, be liable
towards members or third parties for any indirect, consequent, exemplary, accidental, special
or punitive damage including the loss of profits that may arise from the use of the site or
Service even if Swoggi has been advised of the possibility of said damage.
Notwithstanding anything to the contrary contained in this agreement Swoggi’s liability to
the member for any cause whatsoever, regardless of the form of action, will at all times be
limited to the amount paid by the Member, expressed in Credits, and not yet used net of any
Bonus Credits received.
14. TRADEMARK PROPERTY
Swoggi trademarks and the Swoggi logo, and Swoggi website texts belong to Sophora Media. All
other trademarks belong to their respective owners. You cannot, for any reason, use the
intellectual property of Swoggi and/or reproduce texts, images or any other data published on
the Swoggi website without having received prior written consent from Sophora Media.
Last revision: 5 November 2009