Terms and Conditions

Terms and





These terms and conditions (these "Terms") apply to the purchase and sale of products and services through SwapiTop.com (the "Site"). These Terms are subject to change by SWAPI TOP LLC, a New York limited liability company (referred to as "us", "we", or "our" as the context may require) without prior written notice at any time, in our sole discretion. The latest version of these Terms will be posted on this Site, and you should review these Terms before purchasing any product or services that are available through this Site. Your continued use of this Site after a posted change in these Terms will constitute your acceptance of and agreement to such changes. These Terms are an integral part of the Website Terms of Use that apply generally to the use of our Site. You should also carefully review our Privacy Policy before placing an order for products or services through this Site.

Order Acceptance and Cancellation.
You agree that your order is an offer to buy, under these Terms, all products listed in your order. All orders must be accepted by us or we will not be obligated to sell the products to you. We may choose not to accept any orders in our sole discretion. After having received your order, we will send you a confirmation email with your order number and details of the items you have ordered. Acceptance of your order and the formation of the contract of sale between SWAPI TOP LLC and you will not take place unless and until you have received your order confirmation email.

Prices and Payment Terms.
All prices posted on this Site are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation email. We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors. Note that occasionally we may run promotions or provide coupons. All terms relating to such promotions or coupons will be provided in connection with such promotion or coupon.
Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an order. We accept Visa, MasterCard, American Express, and Discover credit cards (and any other payment method made available on our Website) for all purchases. You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, shipping and handling, if any.

Shipments; Delivery; Title and Risk of Loss.
We will arrange for shipment of the products to you usually within 2 business days. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process.
Title and risk of loss pass to you upon our transfer of the products to the carrier. Notwithstanding anything provided herein or on the Site, shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.

Returns and Refunds.
Except for any products designated on the Site as non-returnable, we will accept a return of the products for a refund of your purchase price, less the original shipping and handling costs, provided such return is made within 21 days of shipment and provided such products are returned in their unused, original condition and in their original undamaged packaging. To return products, you must email our Returns Department at support@swapitop.com to obtain a Return Merchandise Authorization ("RMA") number before shipping your product. When submitting your request for an RMA, you will be required to provide proof of purchase. No returns of any type will be accepted without proof of purchase and an RMA number.

You are responsible for all shipping and handling charges on returned items. You bear the risk of loss during shipment. Refunds are processed within approximately 14 business days of our receipt of your merchandise. Your refund will be credited back to the same payment method used to make the original purchase on the Site.

TRADEMARKS. SWAPI TOP is a trademark of SWAPI TOP LLC and/or its affiliates. All rights are reserved. These and other SWAPI TOP LLC graphics, logos, service marks and trademarks of SWAPI TOP LLC and its affiliates may not be used without the prior written consent of SWAPI TOP LLC or its affiliates, as the case may be. All other trademarks, product names, and company names and logos appearing on this Web site or in any materials relating to our Products are the property of their respective owners.
Links to Third Party Sites. This Site may contain links to third party sites. These links may be provided for convenience purposes and are not under the control of SWAPI TOP LLC. If you choose to link to such third party web sites, we make no warranties, either expressed or implied, concerning the content of such sites, including the operations, programming and conduct of transactions over such sites. We do not warrant that such sites or content are free from any claims of copyright or other infringement or that such sites or content are devoid of viruses. Swapi Top LLC disclaims all liability of any kind whatsoever arising out of your use of, or inability to use such third party web sites, the use of your information by such third parties, and the security of information you provide to such third parties.
Third Party Products. Swapi Top LLC may display advertisements and promotions from third parties on this Site or may otherwise provide information about or links to third-party products or services. Your business dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third party. Swapi Top LLC is not responsible or liable for any loss or damage of any sort incurred as the result of such dealings or promotions or as the result of the presence of such non-Swapi Top LLC advertisers or third party information on this Site.
Digital Millennium Copyright Act (“DMCA”) Notice If you believe any material available via this Web site infringes a copyright you own or control, you may file a notification of such infringement with our Designated Agent as set forth below. Swapi Top LLC Attn: Customer Service 2970 Judith Drive Merrick, New York 11566 Support@SwapiTop.com Please see 17 U.S.C.A. § 512(c)(3) for the requirements of a proper notification.

You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and attorneys' fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing. In accordance with the DMCA and other applicable law, Swapi Top LLC has also adopted a policy of terminating, in appropriate circumstances and in our sole discretion, users who are deemed to be repeat infringers. Swapi Top LLC may also, in its sole discretion, limit access to this Web site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. DISCLAIMERS. SWAPI TOP LLC MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF ANY CONTENT OR PRODUCTS MADE AVAILABLE ON THIS SITE. SWAPI TOP LLC DOES NOT REPRESENT OR WARRANT THAT (A) THE USE OF THIS SITE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE, (B) THE PRODUCTS WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY CONTENT, MATERIALS, DATA OR INFORMATION OBTAINED BY YOU THROUGH US WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, CONTENT, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH SWAPI TOP LLC WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS WILL BE CORRECTED, OR (F) SWAPI TOP LLC OR THE SERVER(S) THAT MAKE OUR SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. EXCEPT AS EXPRESLLY PROVIDED OTHERWISE HEREIN, SWAPI TOP LLC'S PRODUCTS AND ALL CONTENT AND INFORMATION MADE AVAILABLE ON THIS SITE ARE PROVIDED TO YOU STRICTLY ON AN “AS IS” BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY SWAPI TOP LLC AND ITS AFFILIATES. LIMITED WARRANTY. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE. THIS LIMITED WARRANTY SUPERSEDES ANY WARRANTY OR REPRESENTATION MADE ON THE PRODUCTS OR ON THE DOCUMENTATION WE PROVIDE WITH THE PRODUCTS. NOTWITHSTANDING ANYTHING TO THE CONTRARY ON THE PRODUCTS OR THE DOCUMENTATION WE PROVIDE WITH THE PRODUCTS, THE WARRANTY SHALL BE LIMITED TO THE WARRANTIES SPECIFIED HEREIN. WE WARRANT THAT DURING THE WARRANTY PERIOD, THE PRODUCTS PURCHASED FROM THE SITE WILL BE MATERIALLY FREE FROM DEFECTS IN MATERIALS AND WORKMANSHIP. WE LIMIT THE DURATION AND REMEDIES OF ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TO THE DURATION OF THIS LIMITED WARRANTY. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. OUR RESPONSIBILITY FOR DEFECTIVE PRODUCTS IS LIMITED TO REPAIR, REPLACEMENT OR REFUND (AT OUR DISCRETION) AS SET FORTH IN THIS WARRANTY STATEMENT. NEITHER ANY PERFORMANCE OR OTHER CONDUCT, NOR ANY ORAL OR WRITTEN INFORMATION, STATEMENT OR ADVICE PROVIDED BY US OR ANY OF OUR AGENTS OR EMPLOYEES WILL CREATE A WARRANTY, OR IN ANY WAY INCREASE THE SCOPE OR DURATION OF THIS LIMITED WARRANTY. Who May Use This Warranty? This limited warranty extends only to the original purchaser of products and services from the Site. It does not extend to any subsequent or other owner or transferee of the product. What Does This Warranty Cover? This limited warranty covers during the Warranty Period (as defined below) defects in materials and workmanship in products purchased from the Site. What Does This Warranty Not Cover? This limited warranty does not cover any damages due to: transportation; storage; improper use; failure to follow the product instructions or to perform any preventive maintenance; modifications; combination or use with any products, materials, processes, systems or other matter not provided or authorized in writing by us; unauthorized repair; normal wear and tear; or external causes such as accidents, abuse, or other actions or events beyond our reasonable control. What is the Period of Coverage? This limited warranty starts on the date of your purchase and lasts for 90 days (the "Warranty Period"). The Warranty Period is not extended if we repair or replace a warranted product or re-perform a warranted service. We may change the availability of this limited warranty at our discretion, but any changes will not be retroactive. What Are Your Remedies Under This Warranty? With respect to any defective products during the Warranty Period, we will, in our sole discretion, either: (i) repair or replace such products (or the defective part) free of charge or (ii) refund the purchase price of such products. We will also pay for shipping and handling fees to return the repaired or replacement product to you if we elect to repair or replace the defective products, provided that we determine in good faith that the product was in fact defective. How Do You Obtain Warranty Service? To obtain warranty service, you must email our Customer Service Department at support@swapitop.com during the 90-day Warranty Period to obtain an RMA number. No warranty service will be provided without an RMA number. When requesting an RMA number, you will be required to provide proof of purchase. Product Warnings; Limitation of Liability IN ADDITION TO ANY OTHER PRODUCT WARNINGS FEATURED ON THE PRODUCT OR ON THE DOCUMENTS PROVIDED WITH THE PRODUCTS, YOU UNDERSTAND THAT CONTENTS WITHIN THE BOTTLES MAY BE EXTREMELY HOT. PLEASE BE SURE TO USE THE PRODUCTS WITH CAUTION. IN ADDITION, YOU UNDERSTAND THAT THE BOTTLE STORAGE COMPARTMENT IS NOT MADE FOR HOT CONTENTS, AND WE WILL NOT BE LIABLE FOR ANY DAMAGE OR INJURY RESULTING FROM USE OF THE STORAGE COMPARTMENT FOR HOT CONTENTS. IN NO EVENT SHALL SWAPI TOP LLC OR ITS AFFILIATES BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND ARISING OUT OF, OR IN ANY WAY CONNECTED WITH SWAPI TOP LLC OR ITS PRODUCTS, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THIS SITE, OR FOR ANY CONTENT, MATERIALS OR OTHER INFORMATION OR PRODUCTS OBTAINED FROM OR THROUGH SWAPI TOP LLC, OR FOR ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE. Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental, consequential or certain other types of damages, so the exclusions set forth above may not apply to you. THE REMEDIES DESCRIBED ABOVE ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND OUR ENTIRE OBLIGATION AND LIABILITY FOR ANY BREACH OF THIS LIMITED WARRANTY. OUR LIABILITY WILL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU (LESS TAX AND SHIPPING COSTS) FOR THE DEFECTIVE PRODUCT OR SERVICE THAT YOU HAVE PURCHASED THROUGH THE SITE, NOR WILL WE UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY LOSS OF PRODUCTION, WORK, DATA, USE, BUSINESS, GOODWILL, REPUTATION, REVENUE OR PROFIT, ANY DIMINUTION IN VALUE, COSTS OF REPLACEMENT GOODS OR SERVICES, OR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. Privacy. We respect your privacy and are committed to protecting it. Our Privacy Policy, located at ____________________, governs the processing of all personal data collected from you in connection with your purchase of products or services through the Site. Force Majeure. Neither party shall be liable or responsible to the other party, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement (except for any of your obligations to make payments to us hereunder), when and to the extent such failure or delay is caused by or results from acts beyond the impacted party's ("Impacted Party") reasonable control, including, without limitation, the following force majeure events ("Force Majeure Event(s)"): (a) acts of God; (b) flood, fire, earthquake, pandemics, epidemics or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order, law, or actions; (e) embargoes or blockades in effect on or after the date of this Agreement; (f) national or regional emergency; (g) strikes, labor stoppages or slowdowns, or other industrial disturbances; (h) telecommunication breakdowns, power outages or shortages, lack of warehouse or storage space, inadequate transportation services, or inability or delay in obtaining supplies of adequate or suitable materials; and (i) other events beyond the reasonable control of the Impacted Party. Governing Law and Jurisdiction. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of New York. Dispute Resolution and Binding Arbitration. YOU AND SWAPI TOP LLC ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION. ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION. The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by this Section. (The AAA Rules are available at adr.org or by calling the AAA at 800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR SWAPI TOP LLC WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced. Assignment. You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves you of any of your obligations under these Terms. No Waivers. The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of SWAPI TOP LLC. No Third-Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person other than you. Notices. To You. We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide or (ii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current. To Us. To give us notice under these Terms, you must contact us as follows: either by email at support@SwapiTop.com or by overnight courier or registered or certified mail to 2970 Judith Drive, Merrick New York 11566. We may update the email address and mailing address for notices to us by posting a notice on the Site. Notices provided by facsimile transmission or overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent. Severability. If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms. Entire Agreement. These Terms, our Privacy Policy and other policies and terms posted on the Site will, collectively, be deemed the final and integrated agreement between you and us on the matters contained in these Terms.