Definitions

swift.shop, We - this online platform and company running it. Registered in Poland as:

"Coffee Software" Franciszek Wawrzak

ul. Zofii Nałkowskiej 43/104

60-573 Poznań Poland

NIP: 879-248-21-24

REGON: 340873199

email: contact@swift.shop

online store, online shop, website - application hosted at swift.shop and managed through admin panel.

You, seller - user of the swift.shop platform who runs his store and sells items online. Acceptor of the following terms.

Customer, visitor, buyer - end user of your online store who buys goods from you.

shop transaction - process of ordering, paying for and delivering goods from you to your client with help of your online store.

your terms and conditions - terms and conditions document provided by you to your customer and available in your shop.

lock a shop - disabling your online store and hiding its contents.

admin panel - back-end part of your shop available to you to configure your shop and edit product information and other content.

Preface

This agreement is between you, an online seller and the swift.shop platform. You need to agree to the following terms and conditions when creating an online shop.


You will need to provide a separate terms and conditions document that your customers (buyers) will have to agree to before purchasing. We will help you create a base for such a document using a generator that will use your store settings. You are not forced to use this generated terms and condition and can provide your own, however you have to include all parts that describe customer relation with swift.shop (for instance that we collect his address upon purchase).


These terms are governed by Polish law. Any disputes arising from or related to these terms shall be subject to the exclusive jurisdiction of the courts competent for the registered seat of swift.shop.

§1 Limitation of Liability

Although swift.shop is built with extreme care it is still a complicated software delivered as a a continuously developed platform and issues might occur. We reserve a right to change or remove functionalities at any time. This terms and conditions and transaction provisions are also subjected to change but you will be warned in advance.


To the maximum extent permitted by applicable law, swift.shop's total liability to you for any claim arising out of or related to these terms or the platform shall not exceed the total fees paid by you to swift.shop in the three months preceding the event giving rise to the claim. swift.shop is not liable for any loss of revenue, loss of data, or indirect damages of any kind.


swift.shop is not liable for any failure or delay in performance resulting from circumstances beyond its reasonable control, including but not limited to infrastructure failures, cyber attacks, actions of third-party service providers, natural disasters, or changes in applicable law. In such circumstances swift.shop will make reasonable efforts to restore service as soon as practicable and will communicate the situation to affected users.

§2 Applicable Law

swift.shop delivers tools for you to build your online store and means to edit its content. You are responsible for this content to follow any applicable law. Selling illegal goods is prohibited and We reserve the right to lock your shop in case of violations. Any attempts to use this platform to scam customers will result in a permanent lock.


Permanent lock does not affect any outstanding financial obligations to swift.shop, nor does it affect any affiliate balance already accrued, which remains payable under the standard process.

§3 Store domain name

With swift.shop you can use your own custom domain but you can also use a free *.swift.shop subdomain. When using the latter option and picking a subdomain you should pick a unique name that clearly indicates your shop identity (for example foobar.swift.shop, alices-shop.swift.shop). You are not allow to use a generic word or any subdomain that will in any way indicate that your shop is a part of the swift.shop project (for example help.swift.shop, shop.swift.shop, api.swift.shop are not allowed). You are also not allowed to pick a vulgar or in any way illegal domain name. We reserve the right to change your subdomain name in such cases.


Where we require a subdomain change, we will provide at least 14 days notice. In cases involving vulgar, illegal, or abusive names, the change may be made immediately.

§4 Payments

Your customer will pay directly to You using payment methods You will be required to configure. Your admin panel will contain information on how to configure any available payment methods. Some of them will require you to create accounts in third-party services.


Platform payments are the ones we charge you for provisions from your customer transactions, monthly plan and payments for any additional services we provide. Rest of this section relates to those payments.


The entity providing online payment services for platform payments is Autopay S.A.


You pay only provision for successful sales. You can access your billing info in admin panel. Each payment will generate an invoice for You. We reserve the right to lock your shop in case of outstanding obligations. You will be notified at least 7 days in advance, during which time you may settle the balance to avoid interruption.


Available payment methods for platform payments are:

  1. BLIK
  2. Card Payments (Visa, Visa Electron, Mastercard, MasterCard Electronic, Maestro)
  3. Bank payments supported by Autopay


System payments are collected for digital products after they have been delivered, therefore they are not subject to the right to withdraw from a distance contract. Therefore, as a rule, we do not accept returns, but we care about your satisfaction with our services, so in special cases, please contact us.


§4.1 Recurring Payments


By default, you can pay your outstanding balance and get an invoice at any convenient moment but you can also use automatic payments.


When paying for our services you can select an option to configure automatic payments. You will be required to make an initial payment of your current balance with a credit card and automatic payments will be generated from now on.


On each automatic payment a charge will be generated on your credit card and we will send you an email with order confirmation and an invoice.


Amount of this payments will be equal to your accumulated balance for our fees and hosting plans since last payment. You can check your current balance at any time in your admin panel.


Payments will be generated monthly from the date of the initial payment. If your balance is low we can skip a month. Balance will be included in the next payment and invoice.


Automatic payments will be created indefinitely until termination. To terminate recurring payments you can either:

  1. disable this option in your admin panel "payments" / "balance" section
  2. click "cancel subscription" link in an email that you will receive after each automatic payment.
  3. disable your shop
  4. email us at contact@swift.shop (this can take up to 10 business days)


After termination you can keep paying for your shop using manual payments.



§5 Transactional disputes and returns

swift.shop is not a party in disputes between you and your customers. However, your shop can be associated with our platform and branding (with "powered by swift.shop" footer) so we reserve the right to lock your shop in case of blatant abuse of the platform and returning complaints. You are responsible for providing quality products and handling returns according to applicable law. At the moment, in case of a return We do not charge your fee.


In special cases like gross mistake in product prices (caused by your mistake or system error) your terms and conditions should contain information that you can refuse to execute the order in such special cases and return customer payment.

§6 Data collecting and privacy

swift.shop collects only minimal data of visitors of your online store. We use only information provided by the browser and use session storage to recognise returning customers and their session. We do not track using cookies and do not share visitor data with third parties. We track your usage of the admin panel in a similar way.


Upon making a purchase, personal data required to finalise the transaction (including delivery and invoicing addresses) is stored in our database. This data is processed by swift.shop on your behalf, as you are the data controller for your customers' personal data. We apply appropriate technical and organisational measures to protect this data.

As the data controller, you are responsible for ensuring your shop terms and conditions inform your customers about:


what personal data is collected during a purchase and how it is used

that swift.shop processes this data on your behalf as a data processor

any additional data collection methods you have implemented (such as Google Analytics or other tracking tools)

any third parties you share customer data with

customers' rights regarding their personal data under applicable law


You are not permitted to use customer data obtained through the swift.shop platform for any purpose other than fulfilling orders and running your store, unless the customer has explicitly consented to additional use.


For data requests from your customers (access, correction, deletion), you are responsible for handling these. For data requests relating to swift.shop's own processing, contact us at contact@swift.shop.


Customer order data is retained for a minimum of 5 years from the date of the transaction in accordance with Polish accounting and tax requirements. During this period deletion requests may be declined. After this period, customers may request deletion of their data by contacting us at contact@swift.shop.

§7 Customisation of Your Shop

Your shop is fully customisable. You can modify each part of the application that is served as a service to your clients. However, you are not allowed to:


remove "powered by swift.shop" footer

remove legally required elements (i.e. checkbox that your customer uses to agree to process his data, agree to your terms etc.)


Violation of either of the above may result in your shop being locked with at least 7 days notice, during which time you may remedy the violation to avoid interruption. In cases where a violation poses an immediate legal risk to customers, swift.shop reserves the right to lock the shop immediately.

§8 Affiliate Program

By registering a store on swift.shop, you automatically gain access to the Affiliate Program under the terms below.

  1. The Affiliate Program is available to users registered as a business entity with a valid NIP (tax identification number).
  2. Participation begins automatically upon store registration. No separate sign-up is required.
  3. Each user receives a unique referral link available in their account dashboard.
  4. A referral is valid when a new store registers via your referral link and completes their first payment to swift.shop.
  5. Each referred store can be attributed to one affiliate only. If multiple referral links are used, the link used at registration applies.
  6. You earn 20% of the net value of each payment made by a referred store to swift.shop, credited to your affiliate balance.
  7. Commission is earned for 24 months from the referred store's registration date, after which no further commission is accrued for that referral.
  8. Your affiliate balance is separate from your store balance (fees owed to swift.shop) and is shown independently in your account dashboard.
  9. Payouts from your affiliate balance are not automatic. You may request one manually from your dashboard at any time.
  10. The minimum payout amount is 100 PLN net. This applies to cash payouts only and does not apply to offset settlements (see below).
  11. To receive a payout, you must issue swift.shop a valid invoice for the amount of your affiliate balance, described as a marketing or referral service.
  12. Payouts are processed within 10 business days of invoice verification.
  13. If your account is closed, any remaining affiliate balance above 1 PLN net will be settled regardless of the minimum threshold.
  14. If you have both an outstanding store balance and an affiliate balance, you may request an offset settlement at any time, regardless of the amounts involved. This is processed as a mutual offset (kompensata) in accordance with Art. 498 of the Polish Civil Code.
  15. Offset is applied to gross invoice amounts. Where VAT rates differ between the two invoices, each party settles their own VAT separately in accordance with applicable law.
  16. If your affiliate balance is less than or equal to your store balance: your affiliate balance is set to zero and your store balance is reduced by the corresponding gross amount. No cash payment is made.
  17. If your affiliate balance exceeds your store balance: your store balance is set to zero and the difference is paid to you by bank transfer. The transfer reference will cite both invoices.


§9 Copyright and License

The swift.shop platform constitutes a proprietary computer program within the meaning of the Copyright and Related Rights Act.


All proprietary rights to the swift.shop platform, its source code, structure, architecture, interfaces, and functionality belong exclusively to swift.shop.


Upon creation of the online store and acceptance of these Terms and Conditions, swift.shop grants the Seller a non-exclusive, non-transferable, and non-assignable license to use the swift.shop platform to the extent necessary to operate the online store.


The license is granted for the duration of the agreement and includes the right to use the platform's functionalities via the swift.shop infrastructure.


Monthly fees, transaction commissions, and other platform fees constitute remuneration for granting the license and using the proprietary swift.shop software.


The User does not acquire any copyrights to the swift.shop platform beyond the rights arising from this license.

§10 Changes to this document

swift.shop reserves the right to modify these terms at any time. Users will be notified of material changes at least 30 days before they take effect. Continued use of the service after that period constitutes acceptance of the updated terms. If you do not agree with the changes, you may close your account before the new terms take effect. Changes required by law may take effect immediately.


swift.shop may suspend or terminate a user account where required by law, or in cases of fraud, abuse, or material breach of these terms, with as much notice as reasonably practicable. Termination does not affect any affiliate balance already accrued, which remains payable under the standard process.


In the event swift.shop discontinues the Affiliate Program entirely, users will be given 30 days notice and any outstanding affiliate balances will be settled in full. Where operationally feasible, swift.shop will continue to track and pay out commissions on existing referrals for the remainder of their 2-year period. Where this is not feasible, a final settlement will be calculated based on commissions accrued up to the date of discontinuation.


These terms, together with any documents referred to herein, constitute the entire agreement between you and swift.shop regarding use of the platform and supersede any prior representations, agreements, or understandings, whether written or oral.