Terms of Service

1. Introduction

Welcome to FragSwop. These Terms of Service ("Terms") govern your use of the FragSwop website, platform, and services (collectively, the "Service") operated by FragSwop ("we", "us", or "our").

By accessing or using our Service, you agree to be bound by these Terms. If you disagree with any part of these Terms, you may not access the Service.

FragSwop is a UK-based online marketplace connecting buyers and sellers of live aquatic livestock, including corals, fish, invertebrates, and aquatic plants.

2. Eligibility

To use our Service, you must:

• Be at least 18 years of age
• Be a resident of the United Kingdom
• Have the legal capacity to enter into a binding agreement
• Not be prohibited from using the Service under applicable law
• Provide accurate and complete registration information

3. User Accounts

3.1 Account Registration

You must create an account to access certain features of the Service. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

3.2 Account Types

FragSwop offers the following account types:

• Buyer Account: Allows you to browse listings, make purchases, and communicate with sellers
• Seller Account: Allows you to list items for sale, manage inventory, and receive payments

Seller accounts require additional verification and agreement to seller-specific terms.

4. Marketplace Rules

4.1 Permitted Items

FragSwop is exclusively for the sale of live aquatic livestock and related aquarium supplies. Permitted categories include:

• Corals (SPS, LPS, Soft corals)
• Marine and freshwater fish
• Invertebrates (shrimp, snails, crabs, etc.)
• Aquatic plants and macroalgae
• Live rock and live sand
• Aquarium equipment and supplies

4.2 Prohibited Items

The following items are strictly prohibited:

• Species prohibited under UK law or CITES Appendix I without proper permits
• Non-aquatic animals or plants
• Counterfeit or stolen goods
• Items that infringe intellectual property rights
• Any illegal substances or materials

5. CITES Compliance

Certain species are protected under the Convention on International Trade in Endangered Species (CITES). Sellers listing CITES-protected species must:

• Hold valid CITES permits where required
• Upload permit documentation when listing protected species
• Ensure all documentation accompanies shipments
• Comply with all applicable import/export regulations

FragSwop reserves the right to remove listings and suspend accounts for CITES violations.

6. Payments and Fees

6.1 Payment Processing

All payments are processed through Stripe, our third-party payment processor. By making a purchase, you agree to Stripe's terms of service. FragSwop does not store your full payment card details.

6.2 Platform Fees

FragSwop charges sellers a platform fee on each successful transaction. Current fees are:

• Platform commission: 10% of the item sale price
• Payment processing fees are additional and set by Stripe

6.3 Seller Payouts

Seller payouts are processed via Stripe Connect. Funds are held in a pending balance and released according to our payout schedule, typically after order completion and the DOA claim period has passed.

7. Shipping and Delivery

7.1 Shipping Responsibility

Sellers are responsible for packaging and shipping items safely. All live livestock must be packaged appropriately for transit, including thermal protection where necessary.

7.2 Weather Holds

FragSwop implements automatic weather holds to protect live livestock during extreme temperatures. Shipments may be delayed when:

• Temperatures fall below 3°C or exceed 28°C along the shipping route
• Severe weather conditions pose a risk to livestock survival

Weather holds are automatic and protect both buyers and sellers from DOA claims due to temperature-related deaths.

8. DOA (Dead on Arrival) Policy

In accordance with the Consumer Rights Act 2015, we offer DOA protection for live livestock:

• Buyers must report DOA within 2 hours of delivery
• Clear photographic evidence of the deceased animal is required
• Photos must include the animal in its original packaging
• DOA claims are reviewed by the seller first, with escalation to FragSwop if unresolved

Refunds or replacements for valid DOA claims are at the seller's discretion, subject to our dispute resolution process.

9. Disputes and Resolution

We encourage buyers and sellers to resolve disputes directly through our messaging system. If a resolution cannot be reached:

1. Either party may open a formal dispute through the FragSwop platform
2. Both parties will have the opportunity to submit evidence
3. FragSwop will review the case and make a binding decision
4. Decisions will be made within 14 days of dispute submission

10. Account Termination

FragSwop reserves the right to suspend or terminate accounts for:

• Violation of these Terms of Service
• Violation of our Acceptable Use Policy
• Fraudulent activity or misrepresentation
• Repeated policy violations or complaints
• Non-payment of fees or outstanding balances
• Legal requirements or requests from authorities

11. Limitation of Liability

To the fullest extent permitted by law:

• FragSwop acts as an intermediary platform connecting buyers and sellers
• We do not guarantee the quality, safety, or legality of items listed
• We are not responsible for the actions of users on the platform
• Our total liability shall not exceed the fees paid to us in the 12 months prior to any claim
• We shall not be liable for indirect, incidental, or consequential damages

12. Indemnification

You agree to indemnify and hold harmless FragSwop, its officers, directors, employees, and agents from any claims, damages, losses, or expenses arising from your use of the Service, your violation of these Terms, or your violation of any rights of a third party.

13. Modifications to Terms

We reserve the right to modify these Terms at any time. We will notify users of material changes via email or platform notification at least 30 days before changes take effect. Continued use of the Service after changes constitutes acceptance of the modified Terms.

14. Governing Law

These Terms shall be governed by and construed in accordance with the laws of England and Wales. Any disputes arising from these Terms or your use of the Service shall be subject to the exclusive jurisdiction of the courts of England and Wales.

15. Contact Us

If you have any questions about these Terms, please contact us:

• Email: [email protected]
• Website: fragswop.co.uk