Terms and Conditions
Welcome to www.swapabrick.co.nz
Swapa Brick Limited (“Swapabrick”) is an online LEGO® rental service. Members pay a monthly subscription to be a member (“Member”) of the LEGO® Rental Club. LEGO (“LEGO®”) is a trademark of the LEGO® Group of companies which does not sponsor, authorise or endorse this site, and has no connection whatsoever with Swapabrick.
All LEGO® sets offered for rent to Members as part of the Swapabrick service are entirely owned by Swapabrick. You are not to part with possession of any LEGO® sets or otherwise assert any ownership rights, such as disposing of them to another person in some way.
You must reside in New Zealand in order to be a Member and be over 18 years old. LEGO® sets are not for use by children under 3 years of age.
1. Payment and Pricing
Members are required to pay a subscription in order to use the Swapabrick service. Subscriptions are recurring and Members have the option to elect to pay monthly, six monthly or annually. Schools may choose alternative payment solutions to suit their funding payments.
Swapabrick reserves the right to change the price of the subscription but will not do so without informing Members by email prior to any changes.
Subscription fees include delivery and return postage (excludes Rural delivery).
For Members who have subscribed to $19.95 per month membership (“Base Membership”) you will receive:
- A LEGO® set of value of approximately $40.00 RRP and up for a calendar month. This includes postage via courier to your home (excludes rural) and return by pic up from your home at a pre arranged collect spot.
- A courier bag is supplied with the set.
For Members who elect to subscribe to the $24.95 per month membership you will receive:
- A LEGO® set of value of approximately $80.00 RRP and up for a calendar month. This includes postage via courier to your home (excludes rural) and return by pic up from your home at a pre arranged collect spot.
- A larger courier bag is supplied.
Members are responsible for delivering the courier bag to an approved distribution centre. Swapabrick does not provide replacement courier bags if they are lost.
2. Big Sets (Service not yet available)
Swapabrick offers existing Members the opportunity to rent Big Sets for an additional upgrade fee, subject to availability, provided the Member has been a Member of Swapabrick for more than 3 months, has complied with the Code of Conduct set out in Section 3 below and has not defaulted on their Subscriptions. Notwithstanding the above, Swapabrick reserves the right not to offer a Big Set to any Member for any reason.
Members can elect to pay an additional fee for one month’s rental of a Big Set. Rental of a Big Set is subject to availability and our discretion. If a Member wishes to rent a Big Set for a longer period, then an additional monthly rental fee is payable. The rental period starts on the day of dispatch and ends one calendar month later. The Big Set must be received by Swapabrick before the end of the relevant rental period unless the Member has paid for a further month’s rental.
Swapabrick will charge the Member for lost and damaged pieces according to Section 4 of these Terms and Conditions.
A Big Set is defined as a set costing in excess of $300.00 and which may or may not be classified as rare or difficult to obtain.
3. Code of Conduct
Each Member agrees to:
- treat the LEGO® sets with care and respect as if they were their own sets
- return the sets clean, undamaged and complete, with no pieces missing
- dismantle the sets into individual LEGO® pieces before returning them
- repackage the LEGO® sets in the original Swapabrick box
- notify Swapabrick of any damaged or missing pieces as soon as possible.
4. Lost and Damaged Pieces
If a Member loses or damages more than 3 small LEGO® pieces per set, they will be charged $3.00 for the cost of replacing those parts. Loss or damage to any LEGO® creature or animal or part thereof will be charged to the Member at replacement cost, plus postage and packing, regardless of whether other pieces have been lost. If more than 5% of the total number of pieces of a LEGO® set are lost or damaged, the Member will be charged for the replacement cost of the whole set. In these circumstances ownership of the incomplete set transfers from Swapabrick to the Member and will be sent to the Member subject to them paying for the replacement set and the cost of postage and packing to receive the incomplete set.
In the unlikely event that a Member loses a LEGO® piece which is irreplaceable and therefore renders the set unavailable for renting to other Members, Swapabrick reserves the right to return the set to the Member and charge the Member for the replacement cost of the whole set.
Loss or damage to any single LEGO® piece which costs more than $2.00 to replace will be charged to the Member at replacement cost, plus post and packing, regardless of whether other pieces have been lost.
Loss or damage to any LEGO® Minifigure or part thereof will be charged to the Member at replacement cost, plus post and packing, regardless of whether other pieces have been lost.
Swapabrick will not charge a Member for normal loss of or damage to LEGO® pieces. Normal loss or damage is defined as up to 3 small LEGO® pieces per set. This excludes LEGO® Minifigures, all LEGO® creatures and/or animals, and individual pieces of LEGO® which cost more than $2.00 each to replace.
The LEGO® sets are the full responsibility of the Member for the time they have it.
5. Club Services and Limitations
Swapabrick reserves the right to refuse the service to anyone at any time and for any reason at our sole discretion. Swapabrick is not obliged to explain the reason for refusing the service.
Swapabrick does not guarantee the availability of particular LEGO® sets. Members can provide suggestions for new sets they would like to see on the catalogue, but Swapabrick reserves the sole right for future purchase choices.
We aim to have sets delivered within 3 working days from time of dispatch. This excludes all public holidays and weekends.
6. Cancellation, hold and Refund Policy
If a Member wishes to cancel their subscription, Membership of Swapabrick will cease only when all outstanding sets have been returned to Swapabrick and confirmed as complete and undamaged, this is defined as the “Cancellation Date”. It is the Member’s responsibility to notify Swapabrick of the intention to cancel the subscription.
Members may place their subscriptions on hold and it is the Member’s responsibility to notify Swapabrick by email of their intention to do so.
Membership of Swapabrick is deemed to continue until the “Cancellation Date” and therefore subscription fees are due until the “Cancellation Date”. Swapabrick reserves the right to cancel a Member’s account at any time but will inform the Member by email when doing so.
Swapabrick reserves the right to charge the Member for lost or damaged LEGO® pieces or sets that are not returned, as outlined in Section 4 above.
To the extent permitted by law Swapabrick will not be held liable to you for any damages, costs, liabilities, losses or other indirect or consequential losses in connection with this agreement. Swapabrick has no liability to you if we are unable to provide a set due to anything beyond our reasonable control including but not limited to operation of law or contract, change in sanctions, policy, internet outage or any other act of god/force majeure event.
Swapabrick is not responsible for any injuries caused by the LEGO® sets, whether by appropriate or inappropriate use.
Non-payment for unreturned kits may result in the debt being passed to a third party, and any additional collection costs will be passed on to the Member. All amounts must be paid when due. Overdue amounts will be charged a late fee of 5% of the total amount of that account per 7 days overdue. You will pay all costs and charges (including any debt collection and legal costs as between solicitor and client) incurred by us in consequence of or in connection with any breach or default by you in the performance or observance of any of the terms of this agreement or its enforcement.
Swapabrick does not issue refunds.
These terms and conditions, your use of our services and this website, any information contained on it, or any dispute arising out of the use of such services are subject to the laws of New Zealand and the non-exclusive jurisdiction of the courts of New Zealand.
Swapabrick values and respects your privacy in the same way you do. The Policy below describes how we treat your information.
2. Personal Information
Swapabrick may ask you for non-personally identifiable information, such as the age of your children, gender etc., but this information is optional, so if you do not wish to provide it, feel free to ignore the request. We may use data provided to tailor your experience and direct more appropriate sets to you. Information about your computer and about your visits to and use of the website (such as your IP address, location, browser type and user name) may be recorded when you log in to our website. This information may be used to identify you. We will treat this information as personal information.
- To assist in providing better services to you by tailoring the services to meet your needs;
- To provide you with further information about us or other websites or goods or services offered by which we consider may be of interest to you;
- To carry out market research and surveys;
- To keep our website relevant and of interest to users; and
- For legal compliance;
3. Non-Personal Information
In order to be a Member of the Club, we need to hold your personal information and contact details. Swapabrick does not collect any other personally identifiable information about you. We will never sell, rent or share your personal information, including your e-mail address, with any third parties for marketing purposes (excluding surveys) without your express permission.
In addition to collecting personal and non-personal information, Swapabrick may also collect non-personal, aggregated information about how Members use our site. This information is not personally identifiable, will be owned by us and will only be used to find out how Members use our service and the site to help us to make the experience better for all Members. For example, this information will tell us how much time users spend on our site, from which other sites Members came, and to what other sites Members go.
4. Review and Access
Under the Privacy Act 1993 you have rights of access to, and correction of, personal information that we hold. If you request, we will provide you with a summary of the information we collect about you. You will have an opportunity to correct, update or modify this information. All you have to do is ask by emailing us at the email address below.
When your final set has been returned to us and your Swapabrick subscription comes to an end, we will give you the option to either continue receiving emails from us about competitions, prizes, LEGO sets and other news, or to opt out and receive no further notifications from Swapabrick.
If we ever send you information by e-mail concerning new products or services that you did not expressly request, we will provide you with an e-mail address by which you may request no future notices.
8. Advertising and third party links
9. Contact Us
If you have any questions about these terms and conditions (including any privacy concerns) please contact us at firstname.lastname@example.org