TERMS AND CONDITIONS

Parcel Protection Terms of Service

Article 1 - Definitions

For the interpretation of these Terms and Conditions (hereinafter the "Terms and Conditions"), the following definitions apply:

"Carrier": Refers to the company that transports goods. "Claim": Refers to the request made under the Guarantee to obtain compensation following an Incident, including the provision of the supporting documents requested by Swap. "Collection Date": Date the Parcel or Goods are taken over by the Carrier. "Customer": Refers to Merchant’s customers, who subscribe to the Service and benefit from the Guarantee. "Data subject": Refers to the Customer's customer as defined by Article 4.1 of the UK GDPR. "Delivery": Physical handover of the Parcel or Goods to its Recipient. "Goods": Any movable property not subject to exclusion. "Guarantee": Refers to the protection offered under the Service, entitling the Customer to compensation in the event of a validly constituted and completed Claim, subject to all exclusions in these Terms and Conditions. "Incident": Refers to an event covered by the Guarantee resulting in damage or non-receipt of a Parcel. To be admissible, an Incident must be one of the following: loss of the Parcel, disputed delivery, damage to the Parcel, or missing items. "Parcel": Goods or a set of several Goods, regardless of weight, dimensions, and volume, forming an identifiable unit load upon handover to the Carrier. "Recipient": Physical or legal person listed as the recipient of the Parcel or Goods on the shipping label or delivery slip. "Service": Refers to all services and benefits provided by Swap. The Service includes the Guarantee, provision of management and automation tools, as well as related services. "Shipment": Refers to the Parcel(s) handed over to a single Carrier and shipped to the Recipient. "Swap": Swap Commerce Limited, 86-90 Paul Street, London, England, United Kingdom, EC2A 4NE, the company providing the Service.

Article 2 - Application of the Terms and Conditions

These Terms and Conditions define the contractual framework between Swap and customers of the service. These Terms and Conditions apply without restriction or reservation to any subscription to the Service and use of the Guarantee. Merchant’s customers are deemed to have read and accepted these Terms and Conditions upon subscribing to the Service.

Article 3 - Territoriality of the Guarantee

The Service covers Parcel shipments worldwide. By exception, the following countries or territories are excluded from the Guarantee:

Iran, Cuba, North Korea, Sudan, Syria, Crimea, Afghanistan, Venezuela, Belarus, Russia, Ukraine (including Crimea and the Luhansk and Donetsk regions)

Article 4 - Goods Covered by the Service

4.1. The Service covers all new Goods, except those listed in the exclusions detailed in article 4.2.

4.2. Exclusions:

• Chemical, toxic, or dangerous products
• Cigarettes, tobacco, and tobacco products
• Combustible gases, flammable liquids
• Firearms, ammunition, explosives, fuels, and fireworks
• Food or perishable items
• Fragile products
• Furniture in transit
• Identity cards, passports, driving licenses, property titles
• Illegal substances as defined by the legislation of the country of collection or deposit
• Liquid fuels including LPG, FOD, heavy fuel oil, and similar products
• Living beings, animals, plants
• Medications requiring controlled temperature storage
• Molded, polluted, or contaminated items or goods
• Official documents, securities, cash, bank cards, coins, any means of payment
• Products subject to prohibited or clandestine trade
• Radioactive or hazardous materials
• Stolen or illegally held products

4.3. The Service is limited to £5000 per Parcel or per Shipment, regardless of the number of Parcels.

Article 5 - Duration of the Service

5.1. The Service takes effect when the covered Goods are handed over to the Carrier and ends upon Delivery to the Recipient, or at the expiration of 30 days from the Collection Date, whichever is sooner.

5.2. For returned Goods, the Service ends 30 days from the initial Collection Date. Goods delivered and then returned to the sender are not covered.

Article 6 - Risks Covered by the Service

6.1. The Service covers risks of:

• Loss of the Parcel
• Disputed delivery
• Damage to the Parcel
• Missing items

The Service does not cover:

• Risks due to chemical, biological, biochemical, or electromagnetic weapons
• Artistic depreciation
• Damage due to use (used goods)
• Damage, loss, costs, or liability caused by an epidemic or human transmissible disease
• Data loss recorded on magnetic media
• Functional breakdowns or damage from mechanical, electrical, or electronic failure unrelated to a shipping event
• Losses and damages, third-party claims, or expenses from intentional or malicious use of computers, software, or electronic systems
• Losses and damages from war, invasion, terrorist acts, civil war, rebellion, or similar events
• Losses from ionizing radiation or radioactive contamination
• Missing or damaged Parcels received without a tracking number
• Objects already broken, damaged, or weakened
• Objects shipped on a pallet

Article 7 - Accepted Carriers and Delivery Conditions

7.1. The Service applies only to Parcels shipped by a Carrier using a tracked service.

7.2. Goods entrusted to river or maritime carriers are not covered by the Service.

7.3. Parcels delivered to parcel shops are covered up to £1000. Parcel shops are defined as any business whose main activity is not related to the transport of goods.

Article 8 – Customer Obligations

The Service shall not take effect if the Customer does not comply with the following requirements:

8.1. Delivery Modalities:

If the Recipient agrees with the Carrier to deliver the Parcel to a third party, mailbox, or other location, it ceases to be covered by the Service.

8.2. Declared Value:

The Customer must declare the value of the Parcel when subscribing to the Service. The declared value cannot exceed the value stated on the commercial invoice for new Goods or the transfer certificate for used Goods.

8.3. Conservation of Claims Rights:

The Customer must retain their claims rights against all parties involved in the transport of the Goods.

Article 9 - Compensation Value of Claims

9.1. The declared value must be corroborated with supporting documentation if requested by Swap.

9.2. The total compensation per Parcel cannot exceed the declared value. Any compensation or indemnification received from the Carrier will be deducted from the Guarantee compensation.

Article 10 - Claims and Compensation Procedure

10.1. In the event of a claim, the Customer must take all necessary measures to protect the Goods and limit damages.

10.2. Required Documentation:

The Customer must promptly provide any requested documentation, including proof of declared value, claim submissions, and relevant customer identification.

10.3. Notification:

Claims must be submitted to Swap within 3 days of discovering the Incident, or within 30 days from the pick-up date, whichever is sooner.

10.4. Assistance:

Swap will assist customers in the claims process, acting as the primary point of contact.

10.5. Recovery of Goods:

If a Parcel is recovered after compensation has been paid, the Customer agrees to return the Parcel and reimburse Swap for the compensation received.

Article 11 - Preservation of Claims against Carriers

Swap is subrogated to the Customer’s recourse rights against the Carriers and any third party liable.

Article 12 - Cancellation of the Service

The Customer may cancel the Service for a refund only if the Parcel has not been shipped. Once shipped, the Service takes effect and is non-refundable.

Article 13 – Liability

Each party is responsible for its own actions and breaches of obligations under these Terms and Conditions. The maximum liability of Swap shall not exceed £5000 per Parcel.

Article 14 - Force Majeure

Neither Swap nor the Customer shall be liable for non-performance or delays due to force majeure events. Obligations are suspended during such events.

Article 15 - Personal Data

Swap acts as the 'Data Controller' for personal data collected in accordance with the UK's Data Protection Act 2018 (DPA 2018) and UK GDPR. Data is used for managing the Parcel Protection, maintaining customer relations, improving services, and fulfilling legal obligations.

Customers have the right to access, rectify, and object to their personal data under the UK GDPR. Requests to exercise these rights must be made in writing and include sufficient identification to verify the requestor’s identity. Swap will respond to such requests within one month, as mandated by UK GDPR.

Article 16 - Applicable Law

These Terms and Conditions are governed by the laws of England and Wales.

Article 17 – Disputes

All disputes arising from or related to these Terms and Conditions shall be subject to the exclusive jurisdiction of the courts of England and Wales. Customers may also seek mediation or alternative dispute resolution.

Article 18 - Pre-contractual Information and Acceptance

By purchasing the Service, the Customer acknowledges that they have received and accepted these Terms and Conditions, along with any required pre-contractual information.

Article 19 - Updates to Terms and Conditions

Swap reserves the right to modify these Terms and Conditions at any time. Continued use of the Service following changes signifies acceptance of those changes.

Article 20 - Warranties and Representations

Swap warrants that the services provided will be delivered professionally. However, Swap does not warrant that the services will be error-free or uninterrupted.

Article 21 - Limitation of Liability

Swap is not liable for any indirect, punitive, incidental, or consequential damages arising from the use of the Service. Swap's liability is limited to the terms specified in these Terms and Conditions.

Article 22 - Termination Due to Excessive Claims

Swap reserves the right to terminate the Service if the number of claims exceeds a reasonable threshold.