Terms and Conditions

SWAY’S TERMS AND CONDITIONS
§ 1.
General provisions


1. These regulations (“Terms and Conditions”) define the terms and conditions of
using the Sway e-commerce shop operating under the website address: www.sway-polewear.com (“Shop”).

2. The Terms and Conditions are the regulations that were referred to in Art. 8 of the Actof 18 July 2002 on the provision of services by electronic means (“Act on theprovision of services by electronic means”).

3. The Shop is owned by Agata Jurago-Pach with the registered office in Gdańsk atPiotra Michałowskiego Street 27/18 (80-300 Gdańsk), entered into the CentralRegistration and Information on Business entrepreneurs register under the numbers

NIP: 5833101360, REGON: 361103708 (“Seller”).

4. You can contact the Seller by:

a) Email: mail@sway-polewear.com

b) Mail: Sway Polewear, Agata Jurago-Pach, Piotra Michałowskiego Street 27/1880-300 Gdańsk, Poland

5. As a part of the operation, the Seller sells Products that can be purchased by the Buyers using the Shop and provides services by electronic means indicated in the Terms and Conditions.

6. Information about the Products available in the Shop, in particular their descriptions, technical and functional parameters and prices, constitute an invitation to conclude a contract of sales within the meaning of Art. 71 of the Act of 23 April 1964, the Civil Code ("Civil Code").

7. Before using the Shop, the Customer is obliged to read the Terms and Conditions and the Privacy Policy.

 

§ 2.
Definitions


The capitalized words used in the Terms and Conditions are defined as follows:

a) Working day – a day which is not a day off from work within the meaning of the provisions of the Act of 18 January 1951 on public holidays;
b) Customer – a User or Buyer;
c) Civil Code – the term defined in § 1 paragraph 6 of the Terms and Conditions;
d) Consumer – a natural person who performs a legal transaction with the Seller that is not directly related to their business or professional operations;
e) Account – a panel created in the Shop's IT system, enabling the User to benefit from its functionality, in particular to purchase Products;
f) Buyer – a person who is a Consumer, Entrepreneur or Entrepreneur-Consumer, who has concluded a Contract of Sales with the Seller or has taken the steps to conclude it;
g) Privacy Policy – a document that contains information on processing of personal data by the Seller;
h) Product – clothing products available in the Shop, which can be purchased by the Buyer;
i) Entrepreneur – a natural person, a legal person or an organisational unit without legal personality, whom special provisions grant legal capacity, that conducts business or professional operations on their own behalf;
j) Entrepreneur-Consumer – a natural person running a business or professional operations on their own behalf, who concluded a Contract with the Seller directly related to their business activity, but not having a professional character, resulting in particular from the subject of their business operations;
k) Terms and Conditions – the term defined in § 1 paragraph 2 of the Terms and Conditions;
l) Seller – the term defined in § 1 paragraph 3 of the Terms and Conditions;
m) Contract – a Contract of Sales or a Contract for the Provision of Services;
n) Contract for the Provision of Services - an agreement for the provision of
electronic services within the meaning of the Act on the provision of services by electronic means, the subject of which is the free creation and maintenance of an Account by the Seller for the benefit of the User for an indefinite period;
o) Contract of Sales - a sales contract within the meaning of the Civil Code, the subject of which is the sale of the Product to the Buyer selected by them available in the Shop;
p) Consumer Rights Act – the Act of 30 May 2014 on the consumer rights;
q) Act on the provision of services by electronic means - the term defined in § 1 paragraph 2 of the Terms and Conditions;
r) User - a person who is a Consumer, Entrepreneur or Entrepreneur-Consumer, who concluded a Contract with the Seller for the provision of services or took steps to conclude it;
s) Order - the Buyer's statement to the Seller which specifies the number and type of Products that the Buyer wants to purchase.
§ 3.
Technical requirements


1. In order for the Customers to use the Shop properly, the following are necessary:

a) connection to the Internet;
b) devices that allow the use of Internet resources;
c) a web browser that allows displaying hypertext documents on the screen of the device, linked in the Internet by a web service, supports the JavaScript programming language and accepts cookies;
d) an active e-mail account.

2. The use of viruses, bots, bugs or other computer codes, files or programs (in particular those automating the processes of scripts and applications or other codes, files or tools) by the Customers is prohibited within the Shop.

3. The Seller informs that they use cryptographic protection of electronic transfer and digital content by using appropriate logical, organisational and technical measures, in particular to prevent third parties from accessing data, including SSL encryption, the use of passwords and anti-virus or unwanted software programs.

4. The Seller informs that, despite the application of the precautions referred to in paragraph

3 above, the use of the Internet and electronically supplied services may be at risk of getting into the ICT system and the Customer's device, malicious software or access to data on this device by third parties. In order to minimise this risk, the Seller recommends the use of anti-virus programs or measures to protect identification on the Internet.

§ 4.
Use of the Shop


1. The Customer must use the Shop in a manner consistent with the provisions of generally applicable law, the provisions of the Terms and Conditions, as well as with morality.

2. The provision of illegal content by the Customer is prohibited.

§ 5.
Creating an Account


1. In order to create an Account, the User should perform the following steps:

a) enter the Shop's website;
b) click on the  "create an account" tab;
c) enter the following mandatory data in the displayed form:i) name,
ii) surname,
iii) e-mail address,
iv) password to the Account,
v) confirm the data with the "Create" buttond) it is obligatory to check the box declaring that you have read the Terms and
Conditions and the Privacy Policy and accept their provisions;
e) optionally - check the box next to the declaration of consent to receive via e-mail
commercial information from the Seller about news, promotions and events;f) click "create an account".

2. The User gets access to the Account immediately after clicking "create an account".

3. By clicking the "create an account";, the User concludes a Contract for the provision of services.

4. After creating the Account, the User may supplement the mandatory data stored on it with the following optional data:

a) name;
b) surname;
c) company name;
d) address of residence;
e) phone number;

5. On the Account, the User may store their data and view the placed Orders as well as edit, add or delete addresses.

6. The User may at any time and without any reason terminate the Contract for the provision of services with immediate effect by deleting the Account. For this purpose, they should contact the Seller via e-mail at mail@sway-polewear.com with a request to delete the data.

7. If the User uses the Account in a manner inconsistent with the provisions of generally applicable law, the provisions of the Terms and Conditions or morality, and/or provides illegal content, the Seller may block the Account, which is tantamount to the termination of the Contract for the provision of services subject to a 14-day notice period. After the expiry of the notice period, the Account is permanently deleted.

8. Blocking or deleting the Account does not affect the performance of the Contract of Sales concluded by the User before blocking or deleting the Account.

 § 6.

Purchasing Products


1. Prices of Products available in the Shop are expressed in euro (EUR) and are the gross value (they include all mandatory price components, including VAT).

2. The Buyer may purchase Products both with and without creating an Account. If the Account is created, the Buyer should log in to it before making purchases.

3. In order to purchase a Product, the Buyer should perform the following steps:

a) enter the Shop's website;
b) enter the selected product and click "add to the cart";
c) enter the "cart"; tab and check the boxes declaring that you have read the Terms and Conditions and the Privacy Policy and accept their provisions;
d) in the "cart"; tab and click the"order" option;
e) in the displayed form, enter or select the following data:
i) name,
ii) surname,
iii) company name (optional),
iv) phone number,
v) e-mail address,
vi) address (street name, house number, suite number, town/city, post code, country),
vii) shipping address (street name, house number, suite number, town/city, post code,country),
viii) shipping method,
ix) payment method,
x) NIP number in the order comment field (if the Buyer is an Entrepreneur or
Entrepreneur-Consumer) (optional);
f) Optional - check the box next to the declaration of consent to receive via e-mail
commercial information from the Seller about new products, promotions and events;
g) click "buy and pay"; and then pay for the Product accordingly to the selected payment method.

4. The Buyer may choose one of the following methods of Product delivery:

a) courier;
b) post;
5. The Buyer may pay for the Product:
a) via PayPal transfer;
b) via PayPal payment system;

6. Clicking the "buy and pay"; option by the Buyer is tantamount to submitting an offer to purchase the Products in the Order.

7. After placing the Order, the Buyer receives a confirmation of their submission to the provided e-mail address.

8. Should it be impossible to execute the Order, the Seller shall notify the Buyer sending a message to the provided e-mail address. In such case, no Contract of Sales is concluded between the Seller and the Buyer. If the Order has been previously paid by the Buyer, the Seller shall immediately return all payments made by them.

9. If the Order is being fulfilled, the Seller shall notify the Buyer by sending a message to the provided e-mail address. When the Buyer receives the message, the Contract of Sales is concluded between the Seller and the Buyer.

10. If the placed Order, for which the Buyer chose the payment method for the Product before its delivery, is not paid within 3 days from the date of its submission, the Seller has the right to withdraw from the Contract of Sales and cancel the Order.

11. The Buyer shall be informed about the Seller's withdrawal from the Contract of Sales and cancellation of the Order by a message sent to the provided e-mail address.

§ 7.
Order Fulfilment


1. The Seller ships Products to addresses located in the Republic of Poland, the European Union, the USA, Australia and selected countries specified in the "Shipping"; tab.

2. In case of shipment to countries outside the European Union, the Buyer bears the cost of customs duty. Detailed information on the current rates of fees can be found on the website of the Integrated Tariff of the European Communities (TARIC):
(http://ec.europa.eu/taxation_customs/dds2/taric/taric_consultation.jsp?Lang=) en & redirectionDate = 20110310).

3. Product shipping costs are covered by the Buyer.

4. The Product is shipped within 21 Working Days from the day the payment for the Product is received on the PayPal account.

5. The Seller must deliver to the Buyer the purchased Product free from defects.

6. The product delivered to the Buyer should be pristine.

7. If the Product is delivered by a courier or a postman, the Buyer should check the Product in their presence. If the Product packaging is damaged, the Buyer should make a damage report and contact the Seller.

§ 8.
Right of Withdrawal


1. The provisions of this § 8 apply only to the Buyer who is a Consumer or an Entrepreneur- Consumer.

2. The Buyer has the right to withdraw from the Contract of Sales without any reason within 14 days from the date of receiving the Product by them or a third party indicated by the Consumer, excluding a carrier.

3. The Buyer exercises the right to withdraw from the Contract of Sales by submitting to the Seller a declaration of withdrawal from the Contract of Sales ("Declaration"). To meet the deadline for withdrawal from the Contract of Sales, it is enough to send the Declaration before the deadline referred to in paragraph 2 above.

4. The Declaration may be submitted by the Buyer in any form, in particular in the form to be found in Annex 2 to the Act on Consumer Rights. However, in order to improve the execution of the right of withdrawal from the Contract of Sales, the Seller recommends submitting the Declaration in the manner indicated in paragraphs 5-7 below.

5. The Buyer may submit the Declaration in two forms:

a) electronic;
b) paper.
6. If the Declaration is submitted in an electronic form, the Buyer should send to the e-mail address indicated in § 1 paragraph 4 letter a of the Terms and Conditions, a message containing the following elements:
a) name and surname of the Buyer;
b) e-mail address;
c) postal address;
d) a clear declaration of withdrawal from the Contract of Sales;
e) indication of the Products which the withdrawal from the Contract of Sales concerns;
f) Order number;
g) date of placing the Order
h) PKD codes of the business activity conducted by the Buyer (if the Buyer is an Entrepreneur-Consumer).

7. If the Declaration is submitted in a paper form, the Buyer should print and fill in the form to be found in Annex 1 to the Terms and Conditions and then send it together with the Product to the address indicated in paragraph 10 below.

8. The Seller shall send the Buyer a confirmation of receiving the Declaration via e-mail immediately after getting it.

9. In the event of exercising the right of withdrawal from the Contract of Sales, the Buyer should return the Product to the Seller within 14 days from the date of withdrawal from the Contract of Sales. To meet the deadline, it is enough to return the Product before the deadline expires.

10. The Product should be returned to the following address:

Agata Jurago-Pach
Piotra Michałowskiego Street 27/18
80-300 Gdańsk, Poland

11. The Consumer pays the direct costs of returning the Product.

12. The refund of payments made by the Buyer takes place after the Seller receives the returned Product. The refund is made using the same payment method that was used by the Buyer in the original transaction, unless the Buyer clearly agrees to a different solution. The Buyer does not pay the costs of returning the payment.

13. The Buyer is responsible for reducing the value of the Product resulting from usage in a different way than was necessary to establish the nature, characteristics and functioning of the Product.

14. The Buyer is not entitled to withdraw from the Contract of Sales if:

a) The product is a non-prefabricated item, manufactured according to the Buyer's specification or serving to satisfy their individual needs;
b) The product is an item delivered in a sealed packaging which, after opening the packaging, cannot be returned due to health protection or hygiene reasons, if the packaging has been opened after delivery;
c) The product is an item that after delivery, due to its nature, has been inseparably connected with other items;
d) The product is an item which cannot be returned due to health protection or hygiene reasons;
§ 9.
Product Complaints

1. The Seller is liable to the Buyer under the warranty if the Product purchased by them has a physical or legal defect. The exercise of the Buyer's rights under the warranty takes place in accordance with the provisions of Art. 556 of the Civil Code and subject to the provisions of § 9.
2. The Buyer submitting a complaint due to Product defects should send:
a) a self-signed complaint declaration, to be found in Appendix 2 to the Terms and Conditions;
b) proof of purchase of the Product or its photocopy;
c) Product of the complaint to the address:
Sway Polewear
Piotra Michałowskiego Street 27/18
80-300 Gdańsk, Poland

3. The Buyer that submitted a complaint and delivered the Product covered by it to the Seller, may request the Seller to refund the costs of its delivery. In case of:

a) accepting the complaint - the Seller shall immediately refund the Buyer the costs of delivering the Product covered by the complaint;
b) rejecting the complaint because of its groundlessness - the costs of delivering the Product covered by the complaint are not refundable.

4. The deadline for examination of the claim and response to it is 14 days from the date of delivering the Product and a correctly filled complaint declaration to the Seller. Failure to reply within the time limit indicated in the preceding sentence is tantamount to recognizing the complaint by the Seller.

5. The Seller shall reply to the Buyer’s complaint via e-mail.

6. If it is impossible to remove a defect in the Product or replace it with a Product free from defects, the Seller shall inform the Buyer about the possibility of submitting a declaration of price reduction or withdrawal from the Contract of Sales. Depending on the Buyer's choice, the Seller returns to the Buyer full price or part of it for the faulty Product within 14 Working Days from the date of the Buyer's choice of one of the services offered by the Seller.

7. The Buyer cannot withdraw from the Contract of Sales if the defect of the Product is minor.


§ 10.
Complaints about Services Provided by Electronic Means


1. The User may submit a complaint if the Seller provides services by electronic means in a manner inconsistent with the Terms and Conditions, which results in particular in the incorrect operation of the Shop or any of its elements.

2. The User submitting a complaint for the reasons indicated in paragraph 1 above, should send to the address indicated in § 1 paragraph 4 letter a of the Terms and Conditions, an e-mail containing the following elements:

a) the User's name and surname;
b) e-mail address;
c) description of observed irregularities.

3. To the complaint referred to in paragraph 2 above, the provisions of § 9 paragraphs 5-6
of the Terms and Conditions shall apply accordingly.

§ 11.
Seller’s Intellectual Property


1. All elements of the Shop, in particular:

a) Shop’s name;
b) Shop’s logo;
c) photos and descriptions of Products;
d) the working principles of the Shop's website, all its graphic elements, interface, software, source code and databases - are subject to legal protection under the provisions of the Act of February 4, 1994 on Copyright and Related Rights, the Act of June 30, 2000 - Industrial Property Law and other generally applicable provisions of law, including the provisions of European Union law.

2. Any use of the Seller’s intellectual property without its prior, express consent is prohibited.

§ 12.
Personal data protection

Information on the processing of personal data by the Seller can be found in the Privacy Policy available at: https://www.sway-polewear.com/pages/privacy-statement.

§ 13.
Out-of-court dispute resolution

1. The provisions of this § 13 apply only to Customers who are Consumers.
2. The Customer may use extrajudicial means of handling complaints and pursuing claims.

 

3. Detailed information on the possibility for the Customer to use extrajudicial means of handling complaints and pursuing claims as well as the rules of access to these procedures are available at the offices and on the websites of the:

a) voivodeship (municipal) consumer advocate or social organisations whose statutory tasks include consumer protection;
b) Voivodeship Inspectorates of the Trade Inspection (WIIH);
c) the Office of Competition and Consumer Protection.
4. The Customer may also use the platform for online dispute resolution (ODR) available at: http://ec.europa.eu/consumers/odr/.

§ 14.
Amendments to Terms and Conditions

 


1. The Seller may amend the Terms and Conditions in the event of:

a) changing the subject of the Seller's activity;
b) making a technical modification of the Shop requiring the provisions of the Terms and Conditions to be adapted to them;
c) the legal obligation to make changes, including the obligation to adapt the Terms and Conditions to the current legal status.

2. Customers will be informed about the amendment to the Terms and Conditions by publishing its amended version on the Shop's website, at least 14 days before the changes enter into force. Within the time limit referred to in the preceding sentence, the amended version of the Terms and Conditions will be sent to Users via e-mail.

3. The provisions of the then binding Terms and Conditions shall apply to Contract of Sales concluded before the effective date of the new Terms and Conditions.

4. A User who does not agree to the amendment of the Terms and Conditions may terminate the Contract for the provision of services by deleting the Account with immediate effect until the amendments to the Terms and Conditions enter into force. Failure to do so shall be considered consent to the Seller’s provision of services by electronic means in accordance with the amended provisions of the Terms and Conditions.


§ 15.
Final provisions


1. The following attachments are part of the Terms and Conditions:

a) Appendix 1 - Declaration of withdrawal from the Contract of Sales;
b) Appendix 2 – Declaration of complaint.

2. The current version of the Terms and Conditions enters into force from 01.01.2021.

 


Appendix 1 - Declaration of withdrawal from the Contract of Sales


___________________________________

(place and date)


Buyer
__________________________
(Name and surname)
__________________________
(street name, house and suite number)
__________________________
(post code, town/city, country)

 

Seller
Sway Polewear; Agata Jurago-Pach
Michałowskiego Street 27/18
80-300 Gdańsk, Poland
mail@sway-polewear.com

 

Declaration of withdrawal from the Contract of Sales



I hereby declare that I withdraw from the Contract of Sales of the following Products:
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________

 

Order details:
- Order number:
________________________________________________________________

 

- Order date (day/month/year):

________________________________________________________________

 

 

- Delivery date (day/month/year):

________________________________________________________________

 

 

PKD codes of the business activity conducted by the Buyer (if the Buyer is an
Entrepreneur-Consumer)
________________________________________________________________
________________________________________________________________

 

___________________________________
(Buyer’s signature)

 

Appendix 2 – Declaration of Complaint


___________________________________
(place and date)

Buyer
__________________________
(Name and surname)
__________________________
(street name, house and suite number)
__________________________
(post code, town/city, country)

Seller
Sway Polewear; Agata Jurago-Pach
Michałowskiego Street 27/18
80-300 Gdańsk, Poland
mail@sway-polewear.com

Declaration of Complaint

Order details:
- Order number:
________________________________________________________________
- Order date (day/month/year):

________________________________________________________________

- Order delivery (day/month/year):

________________________________________________________________

Detailed description of the reasons for submitting the complaint:
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
Complaint request (the selected variant should be marked with an "X";):
 Product free from defects
Complaint request when the implementation of the above requests is impossible (the selected variant should be marked with an "X"):

 reduction of the Product price to the price of:
____________________ EUR
___________________________________
(Buyer’s signature)