Create your account.

Welcome to the Swopsmart.com Terms of Use (“TOU”). The TOU describes the rules you must follow in order to visit and use Swopsmart.com (the “Website”). If you are under the age of 18, please have your parents review the TOU with you. By using the Website, you are accepting and agreeing to follow the rules of the TOU. If you or your parents do not agree to the TOU, do not use the Website.

We may change the TOU at any time without notice, and any changes will be included in the TOU. Please check the TOU for changes. Your continued use of the Website after the TOU has been changed constitutes your acceptance of such changes. The Website is owned and operated by Swopsmart LLC, 8606 35th Ave 3B, Jackson Heights, NY 11372 (“Swopsmart”, “we”, “our” or “us”).

The Website, including without limitation any information, software, photographs, images, video, audio, graphics, or text on the Website (“Content”), and all patent, copyright, trademark, trade dress, domain name, trade secret, and other proprietary rights therein are the sole property of Swopsmart and various third party owners.

Subject to this TOU, we grant you a non-exclusive, non-transferable, revocable license to access and use the Website and the Content solely for personal uses, and for no other purpose. You may not modify, publish, transmit, translate, participate in the transfer or sale, create derivative works, or in any way exploit the Website or any of the Content, in whole or in part. No copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted. You acquire no ownership rights by downloading copyrighted material.

While using the Website and the Content, you will:

1. Comply with all federal, state and local laws that apply to your use of the Website;
2. Refrain from posting or transmitting through the Website any material that violates or infringes in any way upon the rights of others (including any copyright, trademark or other intellectual property rights);
3. Refrain from posting or transmitting material that is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, encourages criminal conduct, gives rise to civil liability, or contains advertising or solicitation;
4. Refrain from using the Website in a manner that could damage, disable, overburden or impair any server or network connected to any Swopsmart server, or interfere with any other party's use and enjoyment of the Website;
5. Not attempt to gain unauthorized access to the Website, other accounts, computer systems or networks through hacking, password mining or any other means;
6. Refrain from uploading or making available any User Content protected by copyright, trademark, or other proprietary right without the express permission of the owner — the burden of determining that material is not protected rests with you.

We make no warranties or representations related to the Content or the Website and disclaim all liability for errors or omissions in the information presented. You acknowledge that we do not ordinarily monitor User Content. We reserve the right to refuse or remove any User Content that is, in our sole discretion, unacceptable, and to disclose User Content to law enforcement agencies. You acknowledge that you use the Website at your own risk.

You are responsible for obtaining at your own expense all equipment and services needed to access and use the Swopsmart website and Services, including all devices, Internet browsers and Internet access. If you access the Swopsmart website and the Swopsmart Services through a mobile or wireless device, you are responsible for all fees that your carrier may charge you for data, text messaging and other wireless access or communication services.

5.1 Selling. Please note the offer to buy your tech item is solely for the device, and we do not pay extra for any accessories. You are welcome to include accessories such as cases, screen protectors, or chargers, but we will recycle them during the inspection process.

After your tech items arrive at our warehouse, they go through our Quality Assessment Process, during which our quality control team checks that your items match the description provided. Each item you sell should accurately reflect the details you provide when getting an instant quote, including the make, model, size, and condition.

Items will automatically fail our Quality Assessment if they do not reflect the description provided, or if you do not clearly display the label provided in your Welcome Pack on the outside of the package. Our Quality Assessment is based upon the Condition Specification presented to you when you describe the condition of your item during valuation.

The description you provide directly influences the price we offer. If we determine that your item is in a different condition than provided during valuation, we may offer a revised valuation. By placing an order and sending your item, you understand and agree that our valuation is final and we will not enter discussions regarding the valuation before or after the Quality Assessment.

If you accept our revised valuation, the new price will be updated in the relevant order, viewable in the ‘My Account’ section. If you decline our revised offer price, we will return your item to the address listed on your Swopsmart account free of charge (provided it is within the U.S. or its territories). If you do not respond to our revised valuation email, we will automatically process payment at the new offer price, and your item will not be returned.

5.2 Returns. If you decline our revised offer using the ‘Decline’ link in our email, we will return your item free of charge to the address listed on your Swopsmart account. Your item will be shipped on the first business day after the expiration of the Grace Period (day 15). Accessories such as OEM boxes, protective cases, screen protectors, and SIM ejector tools are discarded during inspection and will not be returned.

It is your sole responsibility to ensure the address on your account is correct. If your item is not delivered on the agreed date, you must notify us within 14 days; we will then provide a ‘Letter of Denial of Receipt,’ which you must complete within 7 days. We are entitled to make any investigations necessary to confirm the validity of any claim. In the instance your item is lost in shipping, we accept no valuation other than our own for the items claimed, and accept no liability for any other loss, damage or compensation.

By submitting information, remarks, ideas, suggestions, inventions, graphics, images, photographs or other materials (“User Content”) through the Website, you grant Swopsmart an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, sublicense, distribute, market, sell, display, modify, create derivative works from and transmit such User Content for any purpose. You waive any moral or author's rights or rights to attribution completely and irrevocably.

We shall not be subject to any obligations of confidentiality regarding any User Content that you submit except as specified in our Privacy Policy, or as otherwise agreed to or required by law. You understand that all User Content you submit through the Website is your responsibility.

You agree to indemnify and hold harmless us and our subsidiaries, affiliates, officers, agents, employees, partners and licensors from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of User Content you submit, your use of the Website or the Content, your connection to the Website, your violation of the Terms of Use or the Terms of Sale, or your violation of any rights of another party.

Unauthorized use of trademarks, service marks or logos owned by Swopsmart is strictly prohibited and may also be a violation of federal and state trademark laws.

The Swopsmart Website is protected by U.S. copyright laws and owned by us, our affiliates, and certain third party providers. Except as expressly provided in this Terms of Use, you may not use, reproduce, modify, transmit, distribute or publicly display any part of the Website or the Content without our prior written consent.

We respect the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information:

1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
2. A description of the copyrighted work that you claim has been infringed;
3. A description of where the material you claim is infringing is located on the Site;
4. Your address, telephone number, and email address;
5. A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
6. A statement, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or authorized to act on the owner's behalf.

Our Copyright Agent can be reached by email at service@swopsmart.com, or by letter sent postage prepaid to Swopsmart LLC, 8606 35th Ave 3B, Jackson Heights, NY 11372: Copyright Agent.

We sponsor sweepstakes and giveaways from time to time, and you may send a submission to us in order to be eligible to receive a prize. We will provide rules for such contests on the Website.

The Terms of Use shall be governed in all respects by the laws of the State of New York, USA, without reference to its choice of law rules. By accessing the Website you understand and agree that all transactions take place in Jackson Heights, New York, and agree that the federal and state courts in Jackson Heights, New York have exclusive jurisdiction over any disputes with Swopsmart arising from or related to your use of the Website. You irrevocably consent and submit to the exclusive personal jurisdiction of such courts, and irrevocably waive any jurisdictional, venue or inconvenient forum objections.

Except for claims arising from your misuse of the Swopsmart Website or the Content, or claims arising from the User Content, you agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website, the Content or the TOU must be filed within one (1) year after such claim or cause of action arose, or be forever barred.

The Swopsmart Website may contain links to third party websites. We make no representation regarding the content or accuracy of any website you may access through the Website. We do not monitor and are not responsible for the content found on other websites linked from the Website. We do not endorse, recommend or sponsor any linked website or the services, products or advice described on such site, and we shall have no liability for its content. Use of such sites is at your own risk.

We may allow access to or advertise certain third-party product or service providers (“Merchants”) from which you may purchase certain goods or services. You understand that we do not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. We are not a party to the transactions entered into between you and Merchants.

All rules, policies (including privacy policies) and operating procedures of Merchants will apply to you while on any Merchant sites. We and the Merchants are independent contractors and neither party has authority to make any representations or commitments on behalf of the other.

We do not make warranties or representations regarding the security of Content or User Content. Data sent over the internet may be intercepted by third parties; if you are concerned about the security of your data, you should not send it over the internet.

If you are a registered user, you are required to have a user ID and password to access certain areas of the Website. You are responsible for maintaining the confidentiality of your user ID and password and are responsible for all uses of them, regardless of whether authorized by you. We prohibit the transfer or sharing of user IDs and passwords. You agree to immediately notify us of any unauthorized use of your user ID or password or any other breach of security.

You agree that we may, in our discretion and without prior notice, immediately terminate your access to the Website.

You agree that, except as otherwise expressly provided in this Terms of Use, there shall be no third party beneficiaries to this Terms of Use.

Our failure to exercise or enforce any right or provision of this Terms of Use shall not constitute a waiver of such right or provision.

The section and paragraph headings used in this Terms of Use are inserted for convenience only and will not affect the meaning or interpretation of this Terms of Use.

We reserve the right to seek all remedies available at law and in equity for violations of the rules and regulations set forth in this TOU, the Privacy Policy, and if applicable the Sale Agreement (which are incorporated by reference), including the right to block access from a particular internet address to the Website.

This Terms of Use, the Privacy Policy and if applicable the Sale Agreement found on the Swopsmart Website (incorporated by reference and made a part hereof) constitute the entire agreement between you and us relating to the use of the Website. Additional terms and conditions may apply when you enter contests, use any Third Party Services or access any linked websites.

Should any provision be held invalid, unlawful or unenforceable, then that provision shall be severable from the remaining provisions and shall not affect the validity or enforceability of the remaining provisions. The Terms of Use, Privacy Policy, and/or Sale Agreement may not be assigned by you.

If you have Website questions, comments, or concerns, please email service@swopsmart.com. Please include details of your questions, comments or concerns and your complete name and contact information.

Swopsmart is owned and operated by Swopsmart LLC, 8606 35th Ave 3B, Jackson Heights, NY 11372 (“Swopsmart”, “we”, “our” or “us”). Swopsmart respects your privacy and has written this Privacy Policy so that you are aware of the information we collect from you and how the information is used.

We collect information from you when you sell with us, register to open an account with Swopsmart, sign up for special offers, visit the pages of certain Swopsmart partners, contact us for help or customer support, complete a survey, and/or enter promotions or sweepstakes. We ask for information about yourself, such as your name, email address, and zip code, which we collect and use as disclosed in this Privacy Policy.

You may, however, visit our site anonymously. Providing information is purely optional on your part. If you choose to provide us with personal information, you consent to the transfer and storage of that information by us.

Like most websites, we use cookies and/or web beacons to enhance your experience, gather general visitor information, and track visits to our website. This information is compiled and analyzed on both a personal and an aggregated basis. We may use third-party analytics services to collect, monitor and analyze the information collected as described above.

Use of the Website is governed by the laws of the United States. When you provide us with information, you acknowledge that the information will be stored and processed on servers located in the United States.

All of the information we collect from you may be used for the following purposes:

1. To personalize your experience;
2. To improve our services and offerings to you;
3. To process any transactions, including your requests for products and services;
4. To provide you with support;
5. To provide you with updates and notices about the Services, our Privacy Policy and terms and conditions;
6. To provide you with offers from us, our affiliates and third parties that may be of interest to you; and
7. To provide anonymous reporting for internal and external clients.

In addition, Swopsmart will use your email address to contact you to respond to your support questions, to notify you of material changes to our policies or website, to request your participation in user surveys, and to deliver products, services and marketing communications that you request.

Swopsmart does not trade, sell, or share personal information about you with other people or nonaffiliated companies except to provide products or services you've requested, when we have your permission, or under the following circumstances:

We provide the information to trusted partners who assist us in operating our website, conducting our business, or servicing you under confidentiality agreements. These companies do not have any independent right to share this information.

We may also release your information when necessary to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of Swopsmart's terms of use, or as otherwise required by law. Non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.

A “cookie” is a small file containing a string of characters that is sent to your computer and stored on your hard drive when you visit a website; many major web services use them to provide useful features for their users. Swopsmart may set and access Swopsmart cookies on your computer, which will be used to track your preferences, access your information when you sign in, and help us analyze and estimate our traffic and use of features on the service.

If you prefer, you can configure your browser to disable cookies; however, if you reject cookies, you will not be able to sign in to the Services or take full advantage of our services, but you will still be able to place orders by contacting customer service.

We may amend this Privacy Policy at any time by posting the amended terms on this site. All amended terms automatically take effect 30 days after they are initially posted on the Services, unless that amendment states otherwise. If you do not agree to the changes, you may terminate your account by requesting an account deletion via email to service@swopsmart.com. You must provide us with the email address of the registered account.

Swopsmart is intended for general audiences. Swopsmart does not collect or maintain information from those it knows are under 13. Our website, products and services are all targeted to reach people who are at least 13 years old or older.

You may access the Website as a visitor without completing a user registration and without providing us with your Personal Information. In order to submit a cell phone or other items to us, you must become a registered user. If you voluntarily complete a user registration, enter sweepstakes, contests or promotions, respond to surveys, sign up for newsletters, demonstrations or special offers, or send us communications, you will be required to provide us with Personal Information.

The following applies to children under the age of 13: we will not ask the child to disclose more Personal Information than is reasonably necessary to participate in the applicable activity. At the parent's request, we will disclose the general kinds of Personal Information we collect online from the child as well as the specific information collected from a child using the Website. We must verify the parent's identity before providing this information.

If you have any questions, concerns or suggestions, please feel free to send an email to service@swopsmart.com.