Terms & Conditions
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".

1. DEFINITIONS
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.

2. ELIGIBILITY
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 parties.
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.

4. SERVICE
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.

5. CREDITS
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 price.

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.

10.2 Delivery
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 support@swoggi.co.uk. 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

10.4 Availability
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 support@swoggi.co.uk 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.

12. DICLAIMER
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