Swooshed Ireland Terms of Service

Agreement

Violation of any of the terms below may result in the termination of your Account

You agree to use the Affiliate and consigner Program at your own risk.

By using our site you are agreeing to be bound by the following terms and conditions (“Terms of Service”).

Swooshed Ireland reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Program, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Program after any such changes shall constitute your consent to such changes.

Consigner & Affiliate program Account Terms

  • You MUST NEVER share your login details with a another person, the details and information provided within your Swoosh Consignment account is confidential and privileged. Information contained within your account is strictly  prohibited from Dissemination, distribution, copying or transmittal in any circumstance to a 3rd party unless required to do so by an official court order issued in the Republic of Ireland.
  • You must be 18 years or older to be part of this Program.
  • Consigners can access their account by going to www.swooshed.ie/YOURFULLNAME   For example www.swooshed.ie/ELONMUSK
  • Cash payouts to consigners will only be paid to the original account holder. Consigners wishing to send another person to collect payout or collect unsold item MUST in all circumstances contact us by email sales@swooshed.ie prior to let us know. A person collected payouts of items must be authorised by the original account holder in all circumstances. They person making a collection must quote the account number and maybe asked for ID. All collections by a third party will be verified with the account holder prior to any items been handed over.
  • Do not share your PIN or password with any third party.
  • For security reasons to change any details in your account you MUST email sales@swooshed.ie. Changes will only be accepted via email and will be verified. You must email us from the email we have on file in your account.
  • You must live in Ireland to be an Affiliate/consigner.
  • Consigner Payout by Bank transfer will incur a 5EUR per transfer. Bank Payouts are made within 3 working days.
  • You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
  • You must provide your legal full name, a valid email address, telephone number, and any other information requested in order to complete the signup process.
  • Your login may only be used by one person – a single login shared by multiple people is not permitted.
  • You are responsible for maintaining the security of your account and password. Swooshed Ireland cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
  • You are responsible for all Content posted and activity that occurs under your account.
  • One person or legal entity may not maintain more than one account.
  • You may not use the Affiliate Program or consigner account for any illegal or unauthorised purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
  • If a consigner/seller provides a counterfeit item or attempts to defraud any buyer or Swoosh, Swoosh reserves the right to do any or all of the following, in its sole discretion: Remove any or all of seller’s(Consigners) listings from the swooshed.ie website and retail store, withhold any payments due to seller, ship the item back to the seller at the seller’s cost (including any customs and duties amounts incurred by Swoosh, provide the counterfeit items to the Garda or law enforcement or destroy the counterfeit items. We have more expansive details regarding our counterfeit policy here.
  • You may not use the Affiliate Program to earn money on your own Swooshed Ireland product accounts

COUNTERFEIT ITEMS:

We have specific Terms of service regarding fake items https://swooshed.ie/counterfeits

RETURNS POLICY: https://swooshed.ie/returns-policy

SPECIAL CUSTOM ORDERS POLICY

1. Deposits are non refundable unless item is unavailable.

2. Total remaining balance must be paid at time of collection.

3. We don’t offer refunds or store credit or exchanges on special orders or unwanted items.

4. On average products normally take up to 10 working days to arrive, but can take longer in some cases.

5. Special / custom order or incorrect size items cannot be exchanged or returned.

6. If product is not available to the customer after 30 working days the customer can request a refund.

7. Items not collected within 2 months will be forfeited.

8. Customer agrees to pay in-full the total amount agreed within 2 months of item been ready for collection.

9. You will notified by recorded delivery status EMAIL and SMS when your item is ready for collection.

10. ALL SALES ARE FINAL NO RETURNS ARE ACCEPTED. 

Links/graphics on your site, in your emails, or other communications

Once you have signed up for the Affiliate Program, you will be assigned a unique Affiliate Code. You are permitted to place links, banners, or other graphics we provide with your Affiliate Code on your site, in your emails, or in other communications. We will provide you with guidelines, link styles, and graphical artwork to use in linking to Swooshed Ireland. We may change the design of the artwork at any time without notice, but we won’t change the dimensions of the images without proper notice.

To permit accurate tracking, reporting, and referral fee accrual, we will provide you with special link formats to be used in all links between your site and the Swooshed Ireland. You must ensure that each of the links between your site and the Swooshed Ireland properly utilizes such special link formats. Links to the Swooshed Ireland placed on your site pursuant to this Agreement and which properly utilize such special link formats are referred to as “Special Links.” You will earn referral fees only with respect to sales on a Swooshed Ireland product occurring directly through Special Links; we will not be liable to you with respect to any failure by you or someone you refer to use Special Links or incorrectly type your Affiliate Code, including to the extent that such failure may result in any reduction of amounts that would otherwise be paid to you pursuant to this Agreement.

Affiliate links should point to the page of the product being promoted.

Referral fees/commissions and payment

For a Product sale to be eligible to earn a referral fee, the customer must click-through a Special Link from your site, email, or other communications to https://swooshed.ie and complete an order for a product during that session.

We will only pay commissions on links that are automatically tracked and reported by our systems. We will not pay commissions if someone says they purchased or someone says they entered a referral code if it was not tracked by our system. We can only pay commissions on business generated through properly formatted special links that were automatically tracked by our systems.

We reserve the right to disqualify commissions earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods.

Payments only begin once you’ve earned more than 50EUR in affiliate income. If your affiliate account never crosses the 50EUR threshold, your commissions will not be realised or paid. We are only responsible for paying accounts that have crossed the 50EUR threshold.

Identifying yourself as a Swoosh Ireland Affiliate

You may not issue any press release with respect to this Agreement or your participation in the Program; such action may result in your termination from the Program. In addition, you may not in any manner misrepresent or embellish the relationship between us and you, say you develop our products, say you are part of Swooshed Ireland or express or imply any relationship or affiliation between us and you or any other person or entity except as expressly permitted by this Agreement (including by expressing or implying that we support, sponsor, endorse, or contribute money to any charity or other cause).

You may not purchase products through your affiliate links for your own use. Such purchases may result (in our sole discretion) in the withholding of referral fees and/or the termination of this Agreement.

Affiliate Payment schedule

As long as your current affiliate earning are over 50EUR, you’ll be paid each month. If you haven’t earned 50EUR since your last payment, we’ll pay you the following month after you’ve crossed the threshold.

Customer definition

Customers who buy products through this Program will be deemed to be our customers. Accordingly, all of our rules, policies, and operating procedures concerning customer orders, customer service, and product sales will apply to those customers. We may change our policies and operating procedures at any time. For example, we will determine the prices to be charged for products sold under this Program in accordance with our own pricing policies. Product prices and availability may vary from time to time. Because price changes may affect Products that you have listed on your site, you should not display product prices on your site. We will use commercially reasonable efforts to present accurate information, but we cannot guarantee the availability or price of any particular product.

Your responsibilities

You will be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site. For example, you will be solely responsible for:

– The technical operation of your site and all related equipment
– Ensuring the display of Special Links on your site does not violate any agreement between you and any third party (including without limitation any restrictions or requirements placed on you by a third party that hosts your site)
– The accuracy, truth, and appropriateness of materials posted on your site (including, among other things, all Product-related materials and any information you include within or associate with Special Links)
– Ensuring that materials posted on your site do not violate or infringe upon the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights)
– Ensuring that materials posted on your site are not libelous or otherwise illegal
– Ensuring that your site accurately and adequately discloses, either through a privacy policy or otherwise, how you collect, use, store, and disclose data collected from visitors, including, where applicable, that third parties (including advertisers) may serve content and/or advertisements and collect information directly from visitors and may place or recognize cookies on visitors’ browsers.

Payment and order cancellations

We reserve the right to cancel any order that has been flagged on our system. Orders made with PayPal will only be completed if the address is verified and the details match. Orders made for ‘click and collect’ will go through additional checks and verifications. You will be notified by email if you order has been cancelled. 

Compliance with Laws

As a condition to your participation in the Program, you agree that while you are a Program participant you will comply with all laws, ordinances, rules, regulations, orders, licenses, permits, judgments, decisions or other requirements of any governmental authority that has jurisdiction over you, whether those laws, etc. are now in effect or later come into effect during the time you are a Program participant. Without limiting the foregoing obligation, you agree that as a condition of your participation in the Program you will comply with all applicable laws (federal, state or otherwise) that govern marketing email, including without limitation, the CAN-SPAM Act of 2003 and all other anti-spam laws.

Term of the Agreement and Program

The term of this Agreement will begin upon our acceptance of your Program application and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. Upon the termination of this Agreement for any reason, you will immediately cease use of, and remove from your site, all links to https://swooshed.ie, and all of our trademarks, trade dress, and logos, and all other materials provided by or on behalf of us to you pursuant hereto or in connection with the Program. Swooshed Ireland reserves the right to end the Program at any time. Upon program termination, Swooshed Ireland will pay any outstanding earnings accrued above 20EUR.

Termination

Swooshed Ireland, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Program, or any other Swooshed Ireland service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all potential or to-be-paid commissions in your Account if they were earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods. Swooshed Ireland reserves the right to refuse service to anyone for any reason at any time.

Relationship of Parties

You and we are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this Section.

Limitations of Liability

We will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed the total referral fees paid or payable to you under this Agreement.

Disclaimers

We make no express or implied warranties or representations with respect to the Program or any products sold through the Program (including, without limitation, warranties of fitness, merchantability, noninfringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of the Swooshed Ireland will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.

Independent Investigation

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEB SITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.

Arbitration

Any dispute relating in any way to this Agreement (including any actual or alleged breach hereof), any transactions or activities under this Agreement or your relationship with us or any of our affiliates shall be submitted to confidential arbitration, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court (and you consent to non-exclusive jurisdiction and venue in such courts) or any other court of competent jurisdiction. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

Miscellaneous

This Agreement will be governed by the laws of Ireland, without reference to rules governing choice of laws. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.

The failure of Swooshed Ireland to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Swooshed Ireland and govern your use of the Service, superceding any prior agreements between you and Swooshed Ireland (including, but not limited to, any prior versions of the Terms of Service).

SNEAKER CLEAN ADDITION TERMS AND CONDITIONS:

Please be sure to read, and make sure you understand, the Terms and Conditions prior to using SWOOSHED SNEAKER CLEAN SERVICES.

These terms and conditions constitute an agreement between you and SWOOSHED with an address at 6-7 Upper Abbey Street, Dublin 1, Ireland to the exclusion of all other terms, conditions and representations.

By using swooshed sneaker clean service, you agree to be bound by the Terms and Conditions in respect of your use of Trainer Cleaning & Restoration, Shoe Repair & Restoration Service at SWOOSHED (the “Services”).

SWOOSHED is committed to providing you with the highest quality cleaning, repair and professional service. If for any reason you are not completely satisfied with the quality of service that you have received, contact us within 24 hours of receiving your order and the SWOOSHED Team will review the matter. We assume items handed in for service are no longer in their original pristine condition and thus hold a lower value than when originally purchased. For Trainer Cleaning, we assume all items left by are cleanable. We are not responsible for previously damaged trainers and will not commit to cleaning.

For Shoe Repair & Restoration the cost of the work undertaken will depend on the service(s) required, the extent of damage/ level of cleaning or restoration necessary and the material. We will endeavour to deliver the Services within an agreed timescale. Due to the intricacy of the Services provided, our operator is unable to provide guaranteed delivery times.

Our operator uses industry standard techniques and materials. Where original materials are not available, parts and colours used will be dictated by the specification of that of the original item or a suitable alternative, subject to prior discussion with you where conveniently possible.


Our operator does its best in removing unwanted stains, but cannot guarantee removal of all stains. Our operator follows a strict cleaning guideline for all items. If any damage occurs from following same they cannot be held liable. You submit items at your own risk.


Before dropping any items to SWOOSHED, please ensure that the item(s) are empty, as we cannot be held responsible for the safekeeping of any personal contents left within the item(s). At the same time, if we find any personal contents, we will make every effort to return them to you. Our operator will not be responsible for such objects that might cause damage to the item during the cleaning process.


Once an order is dropped off, we cannot be responsible or liable for any damages or missing items. Therefore, please check all items carefully upon collection.

Please note, it is solely the customers responsibility to ensure they have insurance for cover any lost that may occur during the time the courier has the sneakers in their possession. Swooshed does not accept liability for loss in this instance.

We cannot be held liable where an unsuccessful repair was due to intrinsic difficulties encountered with the materials used or the design of the items.


We cannot be held liable to a customer dissatisfied with the final product, where a particular service is carried out but the final product is, in SWOOSHED’S reasonable opinion, unreasonably rejected by the customer. We cannot be held liable for any untreated defect in the item, that was not part of the work agreed by both parties to be undertaken by us. We will not recompense for anything that falls outside the work we undertake.


We cannot be held liable for a claim of depreciation in the value of the item after we have completed the contracted service where any damage that may have arisen to the item was not caused by our service. No liability will be entertained for depreciation in value if the item is repaired to a reasonably acceptable standard.


If any provision of these terms is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force. SWOOSHED reserves the right to amend these terms at any time and without prior notice.

All other conditions, warranties or other terms which might have effect between the parties or be implied or incorporated into these terms or any collateral contract, whether by statute, common law or otherwise, are hereby excluded, including the implied conditions, warranties or other terms as to satisfactory quality, fitness for purpose or the use of reasonable skill and care.
Other than for death or personal injury arising from the negligence of SWOOSHED, to the extent permitted by law, SWOOSHED shall not be liable for any loss, damage or consequential damage of any nature in contract, tort (including negligence) or otherwise caused by the acceptance of the terms and conditions, entry, or in connection with the Services. These terms and conditions shall be governed by Irish law and the Courts of the Republic of Ireland shall have exclusive jurisdiction.