Terms of Service

These Terms of Service ("Terms") govern your access to and use of Swim Marketplace, including our website, services, and any related tools (collectively, the "Services"). By accessing or using the Services, you agree to these Terms. If you do not agree, do not use the Services.

1. Who We Are Swim Marketplace is operated by Swimmarketplace ("Swim Marketplace," "we," "us," or "our"). • Address: 157 East 86th Street, New York, NY 10028 • Support: info@swimmarketplace.com Swim Marketplace is a marketplace platform that helps buyers and sellers find each other and transact. Swim Marketplace is not the seller of items listed by users, unless a listing clearly states it is sold directly by Swim Marketplace.
2. Eligibility You must be at least 18 years old (or the age of majority where you live) to use the Services. By using the Services, you represent you meet this requirement.
3. Definitions • Buyer means a user who purchases an item through the Services. • Seller means a user who lists and sells an item through the Services. • Calendar day means any day of the week. • Business day means Monday through Friday, excluding U.S. federal holidays. • Actual delivery date means the date a carrier tracking system shows "Delivered." • Estimated delivery date means the delivery estimate shown for an order when delivery has not been confirmed.
4. Account Registration and Security • You are responsible for all activity on your account. • You agree to provide accurate account information and keep it updated. • You must keep your login credentials confidential and notify us promptly if you suspect unauthorized access. • We may suspend or terminate accounts to protect the marketplace or enforce these Terms.
5. Marketplace Rules (Applies to Everyone) You agree not to: • Engage in illegal, fraudulent, deceptive, or harmful activity. • Post false, misleading, or inaccurate listings or messages. • Buy or sell counterfeit, stolen, or infringing items. • Harass, threaten, or discriminate against others. • Attempt to move transactions off-platform (including asking for payment via Venmo/Zelle/PayPal/CashApp outside of Swim Marketplace). • Interfere with the Services, attempt unauthorized access, or misuse the site (including scraping or automated abuse). We may remove content, restrict features, or suspend accounts when we believe it is necessary to protect users or the marketplace.
6. Listings (Seller Responsibilities) When you create a listing, you represent and agree that: • You lawfully own the item and have the right to sell it. • Your listing is accurate and complete, including brand, model, size, condition, and photos. • You disclose material issues (damage, missing components, heavy wear, repairs, defects). • Photos represent the actual item being sold (not stock photos unless clearly labeled). Cleanliness and safety: Items should be clean and safe to handle. Listings may be removed if they present sanitation or safety concerns.
7. Prohibited Items You may not list items that are illegal, recalled for safety reasons, stolen, counterfeit, or otherwise prohibited by law. We may prohibit additional items or categories at our discretion based on risk, fraud, or safety considerations.
8. Purchases (Buyer Responsibilities) When you place an order, you agree that: • You are entering a purchase agreement with the seller. • You will pay the price shown at checkout, including shipping, taxes (if applicable), and any amounts displayed. • You will use on-platform messaging for transaction-related communication. • You will report problems within the timelines described in these Terms.
9. Fees • Free to list: There is no fee to create or publish listings. • Seller transaction fee: When an item sells, Swim Marketplace charges the seller a 15% transaction fee based on the item’s sale price (the "Seller Fee"). The Seller Fee is deducted from the seller’s payout. • Payment processing fee: When an item sells, Swim Marketplace also charges the seller a 1% payment processing fee (the "Processing Fee"). The Processing Fee is deducted from the seller’s payout. • No buyer marketplace fee: We do not charge buyers a separate marketplace fee (buyers may still pay shipping and applicable taxes shown at checkout). • Fee adjustments: If an order is refunded (in full or in part), fees may be adjusted consistent with the refund outcome and payment processing rules. Payment processing fees may be non-refundable under processor rules. Example (sale price $100): Seller Fee $15 + Processing Fee $1 = Seller payout $84 (subject to any refunds/adjustments).
10. Payments, Payouts, and Holds Payments are processed through third-party payment processors. By buying or selling, you agree to comply with any applicable payment processor terms, in addition to these Terms. We may place holds on payouts when reasonably necessary to address disputes, fraud, chargebacks, policy violations, or other risk.
11. Shipping and Delivery Unless otherwise stated in the listing: • Sellers are responsible for packaging items securely and shipping in a reasonable timeframe. • Buyers are responsible for providing an accurate shipping address. • Tracking is strongly recommended and may be required for higher-value items or to resolve disputes.
12. Returns, Refunds, and Resolution Process Swim Marketplace is a peer-to-peer marketplace. Most purchases are final sale unless an item is Not As Described or Not Received. A) Buyer-Initiated Requests (Not As Described / Not Received) 10-Day Window: Buyers have 10 calendar days from the actual delivery date (if delivered) or the estimated delivery date (if not delivered) to open a request for: • Item Not As Described (material difference from the listing), or • Item Not Received (no delivery by the estimated date). Seller Response Time: Sellers have 3 business days to respond and attempt to resolve the issue once a request is opened. Swim Marketplace Steps In: If the issue is not resolved after 3 business days, either party may request Swim Marketplace to step in. Swim Marketplace generally aims to review and respond within 3 business days of escalation, though timing may vary depending on complexity and evidence. Automated Closure: Requests may automatically close after 14 business days with no activity. B) What Counts as "Not As Described" An item may be considered Not As Described if there is a material difference between the listing and what the buyer received, such as: • Wrong item, brand, model, or size. • Counterfeit item. • Major undisclosed damage or defects not shown or stated. • Missing components that were included or reasonably implied. Not typically considered Not As Described: • Fit issues when the listed size and item details were accurate. • Minor wear consistent with the condition described. • Buyer’s remorse or preference changes. C) Return Shipping for Approved "Not As Described" Returns If a return is approved due to an item being Not As Described, the seller is responsible for return shipping costs. Depending on the situation, Swim Marketplace may: • Require the seller to provide a prepaid return label, and/or • Provide a label and deduct the cost from the seller’s payout (or charge the seller if needed), and/or • Instruct the buyer to use a reasonable return shipping method and require the seller to reimburse as part of the resolution. Failure to cooperate with return shipping requirements may result in a refund being issued and additional account actions. C2) Buyer Return Shipping Deadline (7 Days) If a return is approved (including for Not As Described), the buyer must ship the return within 7 calendar days after receiving return instructions (including any prepaid label), unless Swim Marketplace specifies a different deadline in writing. If the buyer does not ship the item within this timeframe, the request may be closed and the buyer may lose eligibility for a refund, depending on the circumstances and evidence. D) Outcomes Depending on the circumstances and evidence, outcomes may include a return, refund, partial refund, or denial of the request. Swim Marketplace may place holds on payouts while an investigation is ongoing.
13. Payment Disputes and Credit Card Chargebacks • Seller Response: If a buyer files a payment dispute or chargeback through their bank, sellers usually have 5 calendar days to respond after notification. Deadlines are set by banks/payment processors and may vary. • Timing and Holds: Disputes can take 90 days or more to resolve, and funds may be held, reversed, or withdrawn as required by the payment processor or bank. • Cooperation: Sellers agree to provide documentation such as listing details, messages, proof of shipment/delivery, and photos.
14. User Content and License You retain ownership of content you post (including photos and descriptions). You grant Swim Marketplace a non-exclusive, worldwide, royalty-free license to host, store, reproduce, display, and distribute your content to operate, improve, and market the Services.
15. Intellectual Property Swim Marketplace’s name, logos, and site content (excluding user content) are owned by Swimmarketplace and may not be used without permission. Brand names referenced in listings belong to their respective owners and are used to describe products.
16. Termination You may stop using the Services at any time. We may suspend or terminate your access if you violate these Terms, create risk, or misuse the Services.
17. Disclaimers THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." SWIM MARKETPLACE DOES NOT GUARANTEE THAT LISTINGS ARE ACCURATE, THAT ITEMS WILL MEET EXPECTATIONS, OR THAT USERS WILL COMPLETE TRANSACTIONS.
18. Limitation of Liability TO THE MAXIMUM EXTENT PERMITTED BY LAW, SWIM MARKETPLACE WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, OR DATA ARISING FROM OR RELATED TO YOUR USE OF THE SERVICES.
19. Indemnification You agree to indemnify and hold Swim Marketplace harmless from claims arising out of your use of the Services, your listings, your purchases, your content, or your violation of these Terms.
20. Governing Law and Venue These Terms are governed by the laws of the State of New York, without regard to conflict of law principles. Any legal action related to these Terms shall be brought in courts located in New York, New York, unless applicable law requires otherwise.
21. Changes to These Terms We may update these Terms from time to time. We will post updated Terms and revise the Effective Date.
22. Contact Questions about these Terms? Email info@swimmarketplace.com.